Safeguard Policies – Draft Matrices Tools for Learning (Updated February 2008) This draft matrix is a summary of the World Bank’s 10 Safeguard Policies – designed to assist Bank staff as they apply the safeguard policies and procedures. The matrix is advisory and is not intended to be a substitute for the policies and procedures which are binding. In the event of any inconsistencies between the policies/procedures and the matrix, the safeguard policies/procedures apply. The matrix includes: the objectives of each safeguard policy; “triggers” for each policy; mechanisms for achieving policy objectives, consultation and disclosure requirements – for each safeguard policy and for The World Bank Policy on Disclosure of Information; and criteria to assess compliance during the project cycle at preparation, appraisal, and supervision. If you would like to review the individual policies and procedures in their entirety, they can be found in the Project Requirements section of the Operational Manual on the Lotus Notes desktop. For further information, contact your regional safeguard coordinator, the relevant Quality Assurance and Compliance Team specialist, as indicated in each matrix, or the Safeguard Policies Help Desk at 202-473-2001/safeguards@worldbank.org. Table of Contents Environmental Assessment (OP/BP 4.01)……………………...2 Forests (OP/BP 4.36)…………………………………………..4 Involuntary Resettlement (OP/BP 4.12)……....6 Indigenous Peoples (OP/BP 4.10)…………….8 Safety of Dams (OP/BP 4.37)…………………………………10 Pest Management (OP 4.09)……………………… Physical Cultural Resources (OP/BP 4.11)……………14 Natural Habitats (OP/BP 4.04)………………………………..16 Projects in Disputed Areas (OP/BP 7.60)……………………..18 Projects on International Waterways (OP 7.50)…………..20 Page 2 DRAFT – Tool for Learning – Does not replace the operational policy ENVIRONMENTAL ASSESSMENT (OP/BP 4.01) Stephen Lintner 202-473-2508 Objectives: To ensure that Bank-financed projects are environmentally sound and sustainable, and that decision-making is improved through appropriate analysis of actions and of their likely environmental impacts (OP 4.01, para. 1). Triggers: This policy is triggered if a project is likely to have potential (adverse) environmental risks and impacts in its area of influence. Note: OP 4.01 covers impacts on the natural environment (air, water and land); human health and safety; physical cultural resources; and transboundary and global environment concerns. Social aspects (involuntary resettlement, indigenous peoples) as well as natural habitats, pest management, forestry, and safety of dams are covered by separate policies with their own requirements and procedures. Mechanisms for achieving policy objectives: When OP 4.01 is triggered, the Bank classifies the project as category A, B, C, or FI according to the nature and magnitude of potential environmental impacts (OP 4.01, para. 8). For category A and B projects the Borrower prepares an EA report (OP 4.01, para. 8a & Annex B). For category B projects the scope of the EA may vary (OP 4.01, para. 8b) and it is narrower than category A. Depending on the project, and the nature of impacts a range of instruments can be used: EIA, environmental audit, hazard or risk assessment and environmental management plan (EMP). When the project is likely to have sectoral or regional impacts, sectoral or regional EA is required (OP 4.01, para. 7 and Annex A). The Borrower is responsible for carrying out the EA. For category A projects, the Borrower retains independent EA experts not affiliated with the project to carry out the EA. For category A projects that are highly risky or contentious or that involve serious and multidimensional environmental concerns, the Borrower normally engages an advisory panel of independent, internationally recognized environmental specialists. Consultation and Disclosure Requirements (see also BP 17.50) For (i) A and B projects and (ii) sub-projects categorized as A and B in a programmatic loan, the borrower consults project-affected groups and local nongovernmental organizations (NGOs) about the project's environmental aspects and takes their views into account. The borrower initiates such consultations as early as possible. For Category A projects, the borrower consults these groups at least twice: (a) shortly after environmental screening and before the terms of reference for the EA are finalized; and (b) once a draft EA report is prepared. In addition, the borrower consults with such groups throughout project implementation as necessary to address EArelated issues that affect them. The Borrower provides relevant information in a timely manner prior to consultation and in a form and language accessible to the groups being consulted. The Borrower makes the draft EA (for category A projects) or any separate EA report (for category B projects) available in country in a local language and at a public place accessible to project-affected groups and local NGOs prior to appraisal. It is good practice to disclose the draft EA report at the InfoShop. The Task Team sends the final EA to the InfoShop prior to appraisal for all category A and category B projects. For category A projects, the task team sends a summary of the EA report to the Board of Directors as soon as it is received. Separate Resettlement Plans and Indigenous Peoples Plans are disclosed with the relevant EA report. When there is no EA, it is good practice to send these reports to Page 3 DRAFT – Tool for Learning – Does not replace the operational policy the InfoShop prior to appraisal. Page 4 DRAFT – Tool for Learning – Does not replace the operational policy Environmental Assessment OP 4.01 – page 2 Preparation Requirements: During environmental screening, the task team in consultation with the regional unit charged with safeguards compliance (RESU): Examines the type, location and scale of the proposed project as well as the nature and magnitude of its potential impacts; Assigns project category (see OP 4.01, para. 8); Records in the PCD and PID: key environmental issues, project category, proposed consultation and EA schedule; Reports the EA category in MOS and prepares an ISDS; and Sends the ISDS to the InfoShop as soon as approved and updates it as needed. During EA preparation, the task team: With the Borrower, identifies the scope of EA, procedures, schedule and outline of report; Obtains clearance from RESU of the environmental aspect of the PCD/PID; Adjusts the EA classification and TOR in response to the changes in project design; Assists the Borrower, as necessary, to write TOR for category A ,B and FI projects (BP 4.01, 7); Advises the Borrower on Bank's procedures and requirements for EA, including consultation and disclosure. The Borrower: Retains independent EA experts not affiliated with the project to carry out the EA; Engages an Independent Advisory Panel for category A projects that are risky or contentious; Prepares a draft EA; and Conducts public consultation on the draft EA report and submits it with an EA executive summary to Bank Appraisal Requirements: Supervision Requirements: Prior to appraisal : Receipt and clearance of an officially transmitted EA report is a condition of project appraisal; TT forwards the EA Summary to Secretary of the Board (SECBO) During implementation the task team : During appraisal, the Task Team : Includes environmental specialists with relevant expertise for category A projects; Reviews both the procedural and substantive elements of the EA with the Borrower and resolves any outstanding issues; Assesses the adequacy of the institutions responsible for environmental management; Where capacity to undertake EA related functions is inadequate, ensures arrangements are in place to strengthen capacity (OP 4.01, para. 14); Ensures the adequacy of financing arrangements for the Environmental Management Plan; Determines whether the EA recommendations are properly addressed in project design and economic analysis; Develops clear arrangements with the Borrower to ensure that the implementing institutions are able to carry out or oversee the EAs of proposed subprojects (BP 4.01, annex 17) for SIL and FI; Assesses the adequacy of public consultation and disclosure of information. In general, it is good practice to get RESU clearance on the PAD at negotiations and at Board presentation time, particularly for Category A and for contentious B and FI projects. Regions may have specific requirements on this matter. Ensures that the supervision mission contains adequate environmental expertise Supervises the project’s environmental aspects agreed in legal documents and other project documents (see BP 4.01 para. 20-23 and OP/BP 13.05 ); Ensures that procurement arrangements are consistent with the environmental requirements; Ensures that environment related covenants are monitored; Reviews environmental mitigation, monitoring and management measures; If not satisfactory, discusses the appropriate course of action and advises regional management; Rates appropriately the environmental safeguard performance in the PSR Completion It is good practice: For all projects, but particularly for Category A, B and FI projects, the ICR should contain an analysis of the actual environmental impacts recorded under the project. The degree of analysis should be adapted to the magnitude of these actual environmental impacts. For environmental impacts that would continue to manifest themselves after project completion, measures needed to ensure that the impacts are prevented, mitigated and monitored appear in the ICR. Page 5 DRAFT – Tool for Learning – Does not replace the operational policy Page 6 DRAFT – Tool for Learning – Does not replace the operational policy FORESTS (OP/BP 4.36) Gerhard Dieterle 202-458-7334 Objectives: The objective of this policy is to assist borrowers to harness the potential of forests to reduce poverty in a sustainable manner, integrate forest effectively into sustainable economic development and protect the vital local and global environmental services and values of forests. Where forest restoration and plantation development are necessary to meet these objectives, the Bank assists borrowers with forest restoration activities that maintain or enhance biodiversity and ecosystem functionality. The bank assists borrowers with the establishment of environmentally appropriate, socially beneficial and economically viable forest plantations to help meet growing demands for forest goods and services. Specifically: The Bank uses environmental assessments, poverty assessments, social analyses, Public Expenditure Reviews and other economic and sector work to identify the economic, environmental and social significance of forests in bowering countries; The Bank integrates strategies into its Country Assistance Strategies (CAS) to address any potential significant impacts of the CAS on forests; The Bank does not finance projects that would involve significant conversion or degradation of critical forest areas or other natural habitats; The Bank does not finance projects that contravene applicable international environmental laws; The Bank does not finance plantations that involve any conversion or degradation of critical natural habitats, including adjacent or downstream critical natural habitats; The Bank only finances commercial harvesting operations or the purchase of logging equipment in areas that it has determined are not critical forests or related critical natural habitats ; The Bank only finances industrial-scale commercial harvesting operations in areas outside critical forest areas where such operations are either certified as meeting standards of responsible forest management under an independent forest certification system acceptable to the Bank or adhere to a time-bound, phased action plan acceptable to the Bank for achieving certification to such standards; In areas outside critical forest areas, the Bank may finance harvesting operations by small scale landholders, local communities under community forest management or entities under joint forest management where these operations have either achieved a standard of forest management developed with the meaningful participation of locally affected communities that is consistent with the principles and criteria of responsible forest management outlined in paragraph 10 of OP 4.36 or adhere to a time bound action plan to achieve such a standard that has been developed with the meaningful participation of locally affected-communities and acceptable to the Bank. All such operations must be monitored by the borrower with the meaning participation of locally affected people; The Bank uses environmental assessment to address the impact of all Bank-financed investment projects on forests and/or the rights and welfare of local communities; The Bank ensures that Bank financed projects involving the management of forests incorporate measures to strengthen the fiscal, legal and institutional framework in the borrowing country to meet defined economic, environmental and social objectives that address, amongst other issues, the respective roles and legal rights of the government, the private sector and local people; The Bank ensures that Bank-financed projects involving the management of forests give preference to small-scale community-level management approaches where they best harness the potential to reduce poverty in a sustainable manner; The Bank ensures that the design of Bank- financed projects that use forest resources evaluate the prospects for the development of new markets and marketing arrangements for non-timber forest products and related goods and services, taking into account the full range of goods and environmental services from well managed forests. Triggers: The policy is triggered by whenever any Bank-financed investment project (i) has the potential to have impacts on the health and quality of forests or the rights and welfare of people and their level of dependence upon or interaction with forests; or (ii) aims to bring about changes in the management, protection or utilization of natural forests or Page 7 DRAFT – Tool for Learning – Does not replace the operational policy plantations. Mechanisms for achieving policy objectives: As noted above the Bank’s objectives in forests are to assist borrowers to harness the potential of forests to reduce poverty; integrate forests into sustainable economic development; and protect vital local or global environmental services and values of forests. Mechanisms to achieve these objectives are described in the OP, and the Bank Procedures document, and include: i. use of appropriate economic, environmental and social assessments to identify the economic, environmental significance of forests and any activities involved in the Bank-financed investment that may adversely affect the well being of forests and the people who depend on them; ii. assessment of the potential for activities proposed in CAS to impact significantly on forests, and incorporation of strategies to address these impacts; iii. use of information required from borrower on policy, legal and institutional framework in sector in project design to address priority poverty, social and environmental issues needed to meet the economic, environmental and social objectives of Bank-financed investment projects. iv. use in project design of assessments of the adequacy of land use allocations for the management, conservations and sustainable development of forests in forests, including identification of any additional allocations needed to protect critical forest areas. v. use of clear standards for certification of forests management to guide any investment support for harvesting operations including time-bound action plans to achieve certification to acceptable standards of forest management; and vi. use of market assessments for the full range of goods and services from well managed forests to enhance returns from forest management and give preference to small-scale, community level management approaches where they best harness the potential of forests to reduce poverty in a sustainable manner. Consultation and Disclosure Requirements (see also BP 17.50): The Bank requires Borrowers to identify and consult the groups interested in forest areas likely to be affected by Bank-financed invest projects in and beyond the forest sector. The disclosure requirements as set out in the EA Policy (OP 4.01) apply to all projects affecting forests. Aside from the required EA documentation, there is no freestanding document that is automatically required for all projects affecting forests. However, many forest related projects will generate free-standing reports (such as Forest Management Plans) which should be made publicly available as a matter of good practice. Experience has shown that transparent decision-making processes are important for good forest governance and good development outcomes and full disclosure of forest-related information should be encouraged wherever feasible. Page 8 DRAFT – Tool for Learning – Does not replace the operational policy Forests OP 4.36 – page 2 Preparation Requirements: Appraisal Requirements: Supervision Requirements: The task team leader and Borrower ensure that: The task team reviews project preparation and any environmental or project management or monitoring plans to ensure that: The task team ensures that during project implementation: TOR’s are reviewed and agreed for any social, environmental and economic assessments required in BP 4.36 and other relevant Bank OPs/BPs; economic, environmental and social analyses are undertaken to identify the economic, environmental and social significance of forests and any activities involved in proposed Country Assistance Strategies or Bankfinanced investments that may adversely affect the well being of forests and the people who depend on them; inventories are undertaken at a spatial scale that is ecologically, socially and culturally appropriate for the forest area in which the project or investment program is located to identify critical forest areas and assess the adequacy of land allocations to protect these areas; the linkages between and any proposed forest sector activities and the poverty reduction, macroeconomic and conservation objectives of Bank’s country assistance program are clear; the potential for developing markets for the full range of forest goods and services and giving preference to small-scale, communitylevel management approaches that best harness the potential of forests to reduce poverty in a sustainable manner is evaluated; and that all necessary social, economic and environmental studies are satisfactorily completed; government commitment is secured for any measures that may be required to strengthen the fiscal, legal and institutional framework needed to met the project’s economic, environmental and social objectives; monitoring and evaluation procedures are informed by the meaningful participation of locally affected communities and other groups interested in forest areas affected by Bank financed investment projects; the integrity of the boundaries of any critical forest areas or other critical natural habitats in or near areas affected by Bank-financed investment projects is continuously monitored; the protection of the rights of access and use of forest areas by indigenous people and other local communities is monitored in accord with the requirements of OP 4.12 Involuntary Resettlement and OP 4.10 Indigenous Peoples and that any necessary corrective actions are taken in accord with these policies; adequate land allocations have been made for the management conservation and sustainable development of forests including any additional allocations needed for the protection of critical forest areas or other critical natural habitats; procedures are in place to ensure that any harvesting operations or plantation development supported by Bank finance are restricted to areas outside critical forest areas or other critical natural habitats: the certification systems or community-based forest management monitoring systems used to assess whether forest harvesting supported by Bank-financed projects meet appropriate standards of forest management and use conform with the standards for these systems defined in Paragraphs 10 and 11 of OP 4.36; project performance is monitored against the indicators for the contribution of the project to the poverty reduction, macroeconomic and conservation objectives of the Bank’s country assistance program defined in the Project Appraisal Document; and that the borrower specifically makes available to the public the results of all forest management assessments carried out under the independent certification systems and related time-bound action plans referred to in Paragraphs 9-12 of OP 4.36. projects with time-bound action plans to improve forest management include clearly Page 9 DRAFT – Tool for Learning – Does not replace the operational policy defined performance benchmarks and local people and communities and the private sector are meaningfully involved in defining activities to be undertaken in the management, conservation and sustainable utilization of natural forests or plantations. timeframes for achieving appropriate forest management standards in accord with OP 4.36 Paragraphs 9-12, and that any time-bound action plan and their associated performance benchmarks are included in the Project Appraisal Document and made available to the public. Project Appraisal Documents include clear performance indicators that will enable the contribution of the project to the poverty reduction, macroeconomic ands conservation objectives of the Bank’s country assistance program to be assessed. Page 10 DRAFT – Tool for Learning – Does not replace the operational policy INVOLUNTARY RESETTLEMENT (OP/BP 4.12) Afshan Khawaja 202-458-1797 Objectives: Avoid or minimize involuntary resettlement where feasible, exploring all viable alternative project designs. Assist displaced persons in improving their former living standards, income earning capacity, and production levels, or at least in restoring them. Encourage community participation in planning and implementing resettlement. Provide assistance to affected people regardless of the legality of land tenure. Triggers: The policy covers not only physical relocation, but any loss of land or other assets resulting in: (i) relocation or loss of shelter; (ii) loss of assets or access to assets; (iii) loss of income sources or means of livelihood, whether or not the affected people must move to another location; The policy also applies to the involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons. Mechanisms to achieve policy objectives: When the policy is triggered, preparation of a Resettlement Action Plan is required as a condition of project appraisal. An abbreviated plan may be developed where less than 200 persons are affected by the project or where the impacts are minor (no one is physically displaced or loses more than 10 percent of their land). In situations where the precise impacts cannot be known at the time of project appraisal, a Resettlement Policy Framework is prepared as a condition of the loan and detailed plans are prepared during project implementation. In case of restrictions of access to parks and protected areas, a Process Framework is prepared as a condition of appraisal and detailed Plans Of Action are prepared during project implementation. Based on experience from past Bank projects, task teams should pay particular attention to the following issues: A Resettlement Action Plan should provide for payment of compensation for affected assets at their replacement cost. Affected people who do not have legal title to the lands occupied / used by them, also need to be provided resettlement assistance. Consultation and Disclosure Requirements (see also BP 17.50): For projects subject to the Resettlement policy, the disclosure requirements are those required under the EA Policy (OP 4.01). Specifically, Resettlement Action Plans (RAP), prepared by the Borrower, should be submitted to the Bank prior to project appraisal. Task Teams must ensure that the Borrower has disclosed the RAP incountry and must send the RAP to the InfoShop prior to appraisal for all category A and IDA-B projects and in a timely manner once received by the Bank for IBRD projects. If a separate EA is not prepared, the disclosure of RP is not mandatory, but is recommended as a good practice. Page 11 DRAFT – Tool for Learning – Does not replace the operational policy Involuntary Resettlement OP 4.12 – page 2 Preparation Requirements: Appraisal Requirements: The Task Team in collaboration with the Borrower: Receipt of a satisfactory resettlement instrument, in accordance with the Bank’s resettlement policy is a condition of project appraisal. Assess the nature and magnitude of the likely displacement; Explore all viable alternative project designs to avoid, where feasible, or minimize displacement; Assess the legal framework covering resettlement and the policies of the government and implementing agencies (identifying any inconsistencies between such policies and the Bank’s policy); Select the appropriate resettlement planning instrument (resettlement plan, abbreviated plan, resettlement policy framework or process framework); Review of resettlement in the early phases of resettlement implementation. Lessons learned from the review should help modify resettlement plans and implementation arrangements as a result of the review. Regular supervision of the resettlement component using necessary expertise. Prompt attention by Bank staff and management to issues identified For projects with subprojects, submission of timely “sub-project resettlement plans” or “plan of action”(for projects in parks and protected areas) as required; Regular monitoring and evaluation of the resettlement component, by internal, and when necessary, external monitoring agencies. The project not to be “completed” before the resettlement measures agreed in the resettlement instrument is implemented. As part of project appraisal, the Task Team ascertains: The borrower’s commitment to and capacity for implementing the resettlement instrument; The feasibility of the proposed measures for improvement or restoration of livelihoods and standards of living; Availability of adequate counterpart funds for resettlement activities; Significant risks, including risk of impoverishment, from inadequate implementation of the resettlement instrument; Consistency of the proposed resettlement instrument with the Project Implementation Plan; The adequacy of arrangements for internal, and if considered appropriate by the TT, independent monitoring and evaluation of the implementation of the resettlement instrument. Review past borrower and likely implementing agencies’ experience with similar operations; Discuss with the agencies responsible for resettlement the policies and institutional, legal, and consultative arrangements for resettlement, including measures to address any inconsistencies between government or implementing agency policies and Supervision Requirements: At Project Completion: The ICR should evaluate resettlement and its impact on the standards of living of the resettlers and the host population, The Borrower should review of the extent to which resettlement objectives have been achieved at project completion. Discussion of appropriate follow up measures, including At Negotiations The Borrower and the Bank agree on the resettlement instrument. The Borrower's obligation to implement the resettlement instrument is Page 12 DRAFT – Tool for Learning – Does not replace the operational policy Bank policy; Discuss any technical assistance to be provided to the borrower (see OP 4.12, para.32). Assess the extent to which project design alternatives and options to minimize and mitigate involuntary resettlement have been considered; Assess proposed criteria for eligibility of displaced persons for compensation and other resettlement assistance; In projects involving displaced persons whose livelihoods are landbased and for whom a land-based resettlement strategy is the preferred option, and the borrower claims that replacement land is not available, the task team should review the evidence of lack of adequate land (OP 4.12, para. 11). Review resettlement, if any, completed prior to the Bank identification of the project; The Borrower: Prepares a resettlement planning instrument consistent with the Bank’s resettlement policy. The Planning instrument is based on: Applicable legal and policy frameworks and gaps, if any, between Bank and Borrower policies; Institutional capacity to implement resettlement, as well as the past experience with the Borrower . reflected in the legal documents. The project description in the Loan Agreement describes the resettlement component or sub-component. possibility of Bank supervision after project completion. Page 13 DRAFT – Tool for Learning – Does not replace the operational policy Page 14 DRAFT – Tool for Learning – Does not replace the operational policy Indigenous Peoples (OP/BP 4.10) Navin K. Rai 202-458-1298 Objectives: Ensure that the development process fully respects the dignity, human rights, economies and cultures of Indigenous Peoples. Ensure that adverse effects during the development process are avoided, or if not feasible ensure that these are minimized, mitigated or compensated. Ensure that indigenous peoples receive culturally appropriate and gender and intergenerationally inclusive social and economic benefits. Triggers: The policy is triggered when the project affects the Indigenous Peoples (with characteristics described in OP 4.10, para. 4) in the project area. Mechanisms to achieve the objectives of the policy: The following activities are required when a project proposed for Bank financing affects, or may affect, Indigenous Peoples (the level of detail is proportional to the complexity of the proposed project and commensurate with the nature and scale of the potential effects on the Indigenous Peoples): (a) screening by the Bank to identify whether Indigenous Peoples are present in, or have collective attachment to, the project area; (b) a social assessment by the borrower; (c) a process of free, prior, and informed consultation with the affected Indigenous Peoples’ communities at each stage of the project, and particularly during project preparation, to fully identify their views and ascertain their broad community support for the project; and (d) preparation of an Indigenous Peoples Plan (IPP) or an Indigenous Peoples Planning Framework (IPPF)—when Indigenous Peoples are the sole or the overwhelming majority of direct project beneficiaries the elements of an IPP should be included in the overall project design, and an IPP is not required. The policy requires that task teams should pay particular attention to indigenous peoples’ concerns when a Bank-assisted project: Affects isolated or marginalized groups of Indigenous Peoples who lead traditional way of life or whose social organization and cultural practices are significantly different from those of the dominant society; Affects lands and resources—natural and cultural—owned, occupied or used by Indigenous Peoples (in most cases OP 4.10 requires that the IPP includes an action plan for the legal recognition of such ownership or customary use rights); Causes physical relocation of households or impose restriction of access to natural resources. Consultation and Disclosure Requirements (see also BP 17.50) OP 4.10 requires that the borrower makes the social assessment report and draft IPP or IPPF available to the affected Indigenous Peoples’ communities in an appropriate form, manner, and language. Once the Bank accepts the documents as providing an adequate basis for project appraisal, the Bank makes them available to the public according to the World Bank Policy on Disclosure of Information, and the borrower makes them available to the affected Indigenous Peoples’ communities in the same manner as the earlier draft documents. Page 15 DRAFT – Tool for Learning – Does not replace the operational policy Indigenous Peoples OP/BP 4.10– page 2 Preparation Requirements: Appraisal Requirements: Supervision Requirements: The task team: Determines whether there are indigenous groups to whom the policy applies in the project area. The TT seeks technical advice from qualified social scientists and if adequate information is not available the TT holds direct consultations with affected groups that may be Indigenous Peoples. Consults with the Regional unit responsible for safeguards and with the Legal Department throughout the project cycle. Brings the provisions of the policy to the attention of the borrower and discusses with the borrower its policies and institutional arrangements for Indigenous Peoples. Agrees with the borrower on how the policy requirements will be implemented and provides, where necessary, technical assistance to the borrower. Reviews the TOR for the social assessment, the social assessment report and the IPP/IPPF. Verifies that the borrower has conducted free, prior and informed consultations and has gained the broad support from representatives of major sections of the communities affected (the Bank cannot proceed with project processing if it is unable to verify that broad community support exists). Documents the screening process and agreements reached with the borrower regarding policy application in the PCN, PID and ISDS, and maintains a record of the consultation process in the project files Prior to appraisal, the task team ensures that the IP instrument(s) complies with the policy requirements, has been made available to the affected Indigenous Peoples communities in an appropriate manner, and has been reflected in the project design. The draft instrument(s) is then forwarded to the Regional safeguards unit for clearance (or to the task team’s sector manager if the manager has been authorized to clear the project). The Bank ensures availability of adequate resources for effective supervision of projects affecting Indigenous Peoples. The Borrower: Conducts free, prior and informed consultations with affected communities throughout the project cycle. The consultation process starts early to allow adequate time to fully understand and incorporate concerns and recommendations of Indigenous Peoples into project design and required instruments. Seeks the broad support of the affected Indigenous Peoples communities to the proposed project activities and measures. Documents the consultation process and support from communities. Undertakes a social assessment to evaluate the project’s potential positive and adverse effects on Indigenous Peoples, and where adverse effects may be significant, to examine project alternatives. Prepares an Indigenous Peoples Plan or Indigenous Peoples Planning Framework and other instruments needed (e.g. Resettlement Action Plan or Process Framework need to address particular issues pertaining to Indigenous Peoples affected by such activities). When needed, the IP instrument incorporates measures to address legal recognition of land and natural resource ownership or use rights, commercial development of natural resources in Indigenous Peoples’ The appraisal mission includes appropriate social science and legal expertise. The task team evaluates: whether the prior, free and informed consultation has been free and voluntary, and conducted without coercion and in a culturally appropriate manner, and has been based on appropriate information provided to affected communities; whether the borrower has achieved the communities’ broad support to the project activities; the feasibility and sustainability of specific measures intended to benefit Indigenous Peoples or to mitigate and compensate any adverse impacts on them; the adequacy of enabling legal and policy framework for implementation of proposed measures; the capacity of agencies charged with implementation of the IPP; and the adequacy of budgetary and institutional arrangements for timely The supervision mission includes appropriate social and legal expertise to carry out the provisions of the legal agreement. The task team ascertains whether the relevant legal covenants and Indigenous Peoples Plan (IPP) and other instrument(s) are being implemented as planned. If this is not the case the Bank agrees with the borrower on corrective measures Implementation Completion Report The Implementation Completion Report evaluates project compliance with OP 4.10 and assesses: Indigenous Peoples’ participation in the project cycle; Positive and adverse impacts on Indigenous Peoples; The achievements of the objectives of the relevant instrument(s); and Lessons for future similar operations involving Indigenous Peoples Page 16 DRAFT – Tool for Learning – Does not replace the operational policy areas, and commercial development of Indigenous Peoples’ cultural resources and knowledge. implementation. At Negotiations: Prior to negotiations the task team confirms that the responsible authority has provided final approval of relevant Indigenous Peoples and other instrument(s). During negotiations the Borrower and the Bank agree on the content of the relevant Indigenous Peoples Plan or Indigenous Peoples Planning Framework. The Borrower’s obligations to implement the instrument(s) are reflected in the legal documents. If the objectives have not been realized, the Report may propose a future course of action, including continued post-project supervision by the Bank. Page 17 DRAFT – Tool for Learning – Does not replace the operational policy SAFETY OF DAMS (OP 4.37) Alessandro Palmieri 202-473-0357 Note: OP4.37 is being re-issued to explicitly include tailings dams (mining industry). Objectives: New dams: to ensure that experienced and competent professionals design and supervise construction; the Borrower adopts and implements dam safety measures for the dam and associated works. Existing dams: to ensure that any dam that can influence the performance of the project is identified, a dam safety assessment is carried out, and necessary additional dam safety measures and remedial work are implemented. Triggers: Actions are triggered when the Bank finances: A project involving construction of a large dam (15 m or higher) or a high hazard dam (see note); A project which is dependent upon an existing dam. Notes: 1) For a full definition of “large dam," see the World Register of Dams, published by the International Commission on Large Dams and updated periodically. 2) 10 to 15 meter high dams are considered high hazard dams if they: have special design complexities, e.g. unusually large flood handling requirements; are located in a zone of high seismicity; have foundations that are complex and difficult to prepare; retain toxic materials. Mechanisms to achieve policy objectives: For small dams, generic dam safety measures designed by qualified engineers are usually adequate. For new large dams or high hazard dams, or the rehabilitation of existing large or high hazard dams the Bank requires: Reviews by an independent panel of experts throughout preparation, design, construction, and the start of operation; Preparation and implementation of detailed plans including an emergency preparedness plan; Pre-qualification of bidders; A periodic safety inspection after the dam is completed. For existing dams, the Bank requires the Borrower to arrange for one or more independent dam specialists to: Inspect and evaluate the safety status of the existing dam; Review and evaluate the owner’s operation and maintenance procedures; Provide a written report of findings and recommendations for any remedial work or safety-related measures. Consultation and Disclosure Requirements (see also BP 17.50) Page 18 DRAFT – Tool for Learning – Does not replace the operational policy Although not mentioned in the policy, Emergency Preparedness Plans (EPP) requires public awareness and training. Page 19 DRAFT – Tool for Learning – Does not replace the operational policy Safety of Dams OP4.37 – page 2 Preparation Requirements: Appraisal Requirements: Supervision Requirements: The Borrower: Provides the Task Team (TT) with all dam safety related information, as well as TOR for technical services related to the proposed dam(s); Appoints an independent Panel of Experts (POE); Provides the Instrumentation Plan to the POE and the Bank before bid tendering. The Borrower provides the TT with: A plan for construction supervision and quality assurance; A preliminary Operation and Maintenance (O&M) plan; The framework of the Emergency Preparedness Plan and an estimate of the funds needed to prepare the plan in detail. The Borrower: Refines and completes the O&M plan during implementation, and has the final plan ready not less than six months prior to the initial reservoir filling; Prepares the Emergency Preparedness Plan during implementation and provides it to the POE and Bank for review not later than one year before the projected date of initial reservoir filling. The TT: Reviews all project information relevant to dam safety, POE’s reports and recommendations; If necessary, assists the Borrower in identifying sources for training or technical assistance; Ensures that the legal agreements explicitly include the required dam safety provisions; Ensures that the POE reviews and signsoff on the project before tendering. The TT: Monitors dam safety provisions in the Loan Agreement and promptly inform the Borrower of any deficiency that must be remedied; Attends POE’s meetings as observers; Makes sure that the recommendations of the POE are followed-up by the Borrower and that the provisions of the dam safety plans are adhered to. The Task Team (TT): Includes relevant dam safety expertise; At identification, the TT discuss OP4.37 with the Borrower, and assess Borrower’s capacity to implement and operate the project, and/or what is needed to supplement it; Reviews adequacy of Borrower’s TOR for technical services related to the dam(s), as well as all dam safety related information; Review and clears POE’s TOR and composition; Monitors Borrower’s preparation of dam safety plans (Annex A). Post Project: The Borrower: Retains written instructions for flood operation and emergency preparedness at the dam(s) at all times; Carries out periodic safety inspections of the dam after completion; Revises the safety criteria periodically during the life of the dam(s). Regional staff: May carry out supervision beyond project closure; As appropriate, carry out policy dialogue to upgrade dam safety programs in the country. Page 20 DRAFT – Tool for Learning – Does not replace the operational policy PEST MANAGEMENT (OP 4.09) Aziz Lagnaoui 202-458-2806 Notes: - Pest management is governed by OP 4.09 and BP 4.01 Annex C. - The OP and BP apply to all projects involving pest management, whether or not the project finances pesticides. - For the purpose of this matrix, the term ‘pest’ includes disease vectors. - The Guidebook on Pest Management provides further guidance, background, tools and references. Objectives: Promote the use of biological or environmental control and reduce reliance on synthetic chemical pesticides. Strengthen capacity of the country’s regulatory framework and institutions to promote and support safe, effective and environmentally sound pest management. More specifically the policy aims to: a) b) c) Ascertain that pest management activities in Bank-financed operations are based on integrated approaches and seek to reduce reliance on synthetic chemical pesticides (Integrated Pest Management (IPM) in agricultural projects and Integrated Vector Management (IVM) in public health projects). Ensure that health and environmental hazards associated with pest management, especially the use of pesticides, are minimized and can be properly managed by the user. As necessary, support policy reform and institutional capacity development to (i) enhance implementation of IPM-based pest management , and (ii) regulate and monitor the distribution and use of pesticides. Triggers: Procurement of pesticides or pesticide application equipment is envisaged (either directly through the project, or indirectly through on-lending, co-financing, or government counterpart funding). The project may affect pest management in a way that harm could be done, even though the project is not envisaged to procure pesticides. This includes projects that may (i) lead to substantially increased pesticide use and subsequent increase in health and environmental risk, (ii) maintain or expand present pest management practices that are unsustainable, not based on an IPM approach, and /or pose significant health or environmental risks. Mechanisms to achieve policy objectives: EA: Pest and pesticide management issues relevant to the project are addressed in the EA. Pest Management Plan (PMP): A separate PMP is prepared when there are significant pest management issues, or when financing of substantial quantities of pesticides is envisaged (BP 4.01 Annex C). List of pesticides authorized for procurement under the project: Such a list is established prior to financing of pesticides and complies with selection criteria in OP 4.09. Consultation & Disclosure: Public Consultation and Disclosure requirements are those required under the EA policy (OP 4.01). Page 21 DRAFT – Tool for Learning – Does not replace the operational policy Pest Management OP 4.09 – page 2 Preparation Requirements Appraisal Requirements The Borrower Addresses pest and pesticide management issues relevant to the project in the EA. A separate Pest Management Plan (PMP) is prepared when there are significant pest management issues, or when financing of substantial quantities of pesticides is envisaged. Key issues listed below are addressed in the EA or PMP; If procurement of pesticides is envisaged, prepares a list of pest control products authorized for procurement, following selection criteria in OP 4.09, or indicates when and how this list will be developed and agreed upon. The Task Team Determines whether preparation of a PMP is required and records in the PCD any pest management issues that the EA and/or PMP will address; Ensures the EA and/or PMP covers potential issues related to pest management and considers appropriate alternative designs or mitigation measures. Receipt of an EA or Pest Management Plan (PMP) satisfactory to the Bank is a condition of appraisal. The Task Team Confirms that the EA or PMP adequately addresses pest management issues, with special attention for the points listed below; If procurement of pesticides is envisaged: (i) records in the PAD the list of pest control products authorized for procurement, or indicates when and how this list will be developed and agreed upon, (ii) verifies that listed pesticides comply with selection criteria in OP 4.09; Records in the PAD, pest management concerns arising from the EA or PMP, and any proposed project interventions pertinent to pest management; Ascertains that the project design includes the necessary activities/measures to properly address pest management concerns arising from the EA or PMP; Ascertains that the main elements of these measures are reflected in the project’s legal agreements. Supervision Requirements The Task Team Ascertains that project activities comply with the provisions of OP 4.09 and BP 4.01 Annex C, with special attention for the points listed below; Reviews objectives and targets set during project preparation and appraisal, updates these as required, and ascertains that project changes are in compliance with OP 4.09 and BP 4.01 Annex C; At project completion, evaluates, in the ICR, the environmental impact of pest management practices supported or promoted by the project, as well as the Borrower’s institutional oversight capacity. The ICR also discusses whether the project has resulted in improved pest management practices according to the criteria that define the IPM approach. Objective a: Promote ecologically based IPM and reduce reliance on synthetic chemical pesticides The project proactively supports, and sets specific targets for, the introduction and/or implementation of IPM as defined in OP 4.09. Proposed or ongoing pest management practices are assessed for consistency with an IPM approach. Project activities are proposed to address (i) shortcomings identified and (ii) any constraints to adopting IPM. Pest management activities under the project are based on an IPM approach, or specific targets are set to move present pest management practices towards IPM; Use of pesticides proposed for financing under the project is justified under an IPM approach. Pest management activities are based on an IPM approach. Optimum use is made of biological or environmental control methods. Regarding reform of unsustainable pest management practices, satisfactory progress is recorded towards achieving targets set out during preparation and appraisal. If pesticides are financed, their use is justified under an IPM approach. Objective b: Reduce health and environmental risks Risks associated with current or envisaged pesticide use are systematically identified and assessed, taking into account the proposed use and the capability and capacity of the intended users and government to prevent poisoning and environmental contamination; Specific measures to reduce these risks are incorporated in the project design. A schedule is established to monitor the effectiveness of these measures; Packaging, labeling, storage, handling and disposal of pesticides financed by the Bank meet FAO standards. Health and environmental aspects of pesticide use have been sufficiently evaluated. Proposed measures to reduce risks are adequate and take into consideration the Borrower’s and user’s capacity to manage such risks; Mechanisms are in place for implementation, monitoring and supervision of project activities involving pesticides (Responsibilities have been assigned and any deficiencies in competence are addressed); Packaging, labeling, storage, handling and disposal of pesticides financed by the Bank meet FAO standards. Pesticides used in the project comply with both the national pesticide legislation and selection criteria in OP 4.09; Measures taken to reduce risks are adequate and consistent with education, skills and equipment of potential users; Packaging, labeling, storage, handling and disposal of pesticides financed by the Bank meet FAO standards. Objective c: Strengthen the regulatory framework and institutional capacity The policy and regulatory framework and institutional capacity to implement IPM and control the distribution and use of pesticides are properly assessed; As necessary, the project contains specific and realistic targets and activities to address deficiencies in policies, regulatory framework and institutional capacity to implement Progress is made in achieving targets set for policy reform and for strengthening the regulatory framework and institutional capacity Page 22 DRAFT – Tool for Learning – Does not replace the operational policy As necessary, components to address deficiencies in the above are incorporated in the project. IPM and control the use of pesticides. to enhance IPM implementation and to control the use of pesticides. Page 23 DRAFT – Tool for Learning – Does not replace the operational policy PHYSICAL CULTURAL RESOURCES OP/BP 4.11 Stephen Lintner 202-473-2508 Definition: For the purposes of this policy, ‘physical cultural resources’ are defined as movable or immovable objects, sites, structures, groups of structures, natural features and landscapes that have archaeological, paleontological, historical, architectural, religious, aesthetic, or other cultural significance. Physical cultural resources may be located in urban or rural settings, and may be above ground, underground, or underwater. Their cultural interest may be at the local, provincial or national level, or within the international community. Objectives: The Bank assists countries to avoid or mitigate adverse impacts of development projects on physical cultural resources. Triggers: This policy applies to all projects requiring a Category A or B Environmental Assessment under OP 4.01, projects located in, or in the vicinity of, recognized cultural heritage sites, and projects designed to support the management or conservation of physical cultural resources. Mechanisms to achieve policy objectives: The Borrower assesses the project’s potential impacts on physical cultural resources as an integral component of the Environmental Assessment (EA). The process steps for the physical cultural resources component of the EA are the same for Category A and B projects. The physical cultural resources component of the EA provides for (a) an assessment of physical cultural resources likely to be affected by the project, (b) documentation of the characteristics and significance of the these resources, and (c) an assessment of the nature and extent of potential direct and indirect impacts on these resources. Where the EA predicts adverse impacts on physical cultural resources, the cultural resources component of the EA includes a management plan which includes: (a) actions to mitigate adverse impacts, (b) provisions for the treatment of physical cultural resources discovered during project implementation and operation (hereafter referred to as “chance finds”), (c) any necessary measures for strengthening institutional capacity to implement the management plan, and (d) a monitoring system to track progress of these activities. Consultation & Disclosure: The Borrower consults relevant stakeholders as part of the overall consultation process for the EA, including project-affected groups, in documenting the presence and significance of physical cultural resources, assessing potential impacts, and exploring mitigation options. The findings of the cultural resources component of the EA are normally disclosed to the public as per OP 4.01, except where the Borrower, in consultation with the Bank, determines that such disclosure would jeopardize the safety or integrity of the physical cultural resources involved (e.g. the location of sacred sites or movable cultural resources of value), or of the source of information about the physical cultural resources. Page 24 DRAFT – Tool for Learning – Does not replace the operational policy Physical Cultural Resources OP/BP 4.11 – page 2 Preparation Requirements: Appraisal Requirements: a. Project Identification and Screening: At the earliest possible stages of project identification and screening, the Task Team (TT) should consider possible adverse impacts on physical cultural resources, and explore project siting and design options that would avoid these impacts. When the project identification and screening process identifies likely significant impacts on physical cultural resources or any other environmental impacts, the project should be classified as EA Category A or B. a. Appraisal is contingent on receipt from the Borrower of an EA report with a physical cultural resources component consistent with the TOR and satisfactory to the Bank. b. Terms of Reference: Based on the findings of the scoping, Bank staff assist the Borrower in drafting terms of reference (TOR) for the physical cultural resources component of the EA. The TOR, which should be informed by the results of a preliminary investigation of physical cultural resources, should propose spatial and temporal boundaries for the physical cultural resources component of the baseline and specify the types of expertise required. c. Appraisal ensures that findings and recommendations of the physical cultural resources components of the EA and management plan are adequately reflected in project documents including bidding documents. In particular, appraisal ensures that: c. Baseline: The EA baseline includes: An investigation and inventory of physical cultural resources which may be affected by the project and Documentation of their characteristics and significance. The methodology should include the following: Review of available information; Consultation with physical cultural resources specialists and local communities; and Field investigations. b. The appraisal team should include physical cultural resources expertise, as appropriate. The project includes adequate measures for the management of the physical cultural resources concerned; The project includes adequate provisions for the treatment of chance finds during project implementation; and d. Impact Assessment: The physical cultural resources component of the impact assessment identifies potential direct and indirect impacts on physical cultural resources. e. Mitigation and Management Plan: Where it has been determined that the project may have adverse impacts on physical cultural resources, the EA team should work with relevant stakeholders and local communities to jointly develop measures to mitigate and manage these impacts. The physical cultural resources component of the environmental management plan should include: Actions needed to implement the recommended mitigation measures; Provisions for the treatment of chance finds during project implementation; Measures for strengthening institutional capacity necessary for implementation of the recommendations in the management plan; and Borrower capacity is sufficient to implement the physical cultural resources component of the management plan, or the project includes sufficient measures to strengthen relevant institutional capacity. The project includes a monitoring system to track progress of the above activities. Supervision Requirements: a. Supervision missions should include physical cultural resources expertise, as appropriate. b. The supervision team should ensure that adequate attention is being paid to: impacts of the project on physical cultural resources; implementation of relevant mitigation and management activities including incorporation of necessary provisions into procurement documents and construction contracts; treatment of chance finds during project implementation; and progress of physical cultural resources management capacity building activities, as appropriate. c. Relevant findings should be recorded in Implementation Status and Review Reports (ISRs). d. Implementation Completion Reports (ICRs) should assess the overall effectiveness of the project’s physical cultural resources mitigation, management, and capacity building activities, as appropriate. Page 25 DRAFT – Tool for Learning – Does not replace the operational policy Monitoring systems to track progress of the above activities. Page 26 DRAFT – Tool for Learning – Does not replace the operational policy NATURAL HABITATS (OP 4.04) George Ledec 202-473-9267 Objective: The conservation of natural habitats is essential to safeguard their unique biodiversity and to maintain environmental services and products for human society and for long-term sustainable development. The Bank therefore supports the protection, management, and restoration of natural habitats in its project financing, as well as policy dialogue and economic and sector work. The Bank supports, and expects Borrowers to apply, a precautionary approach to natural resource management to ensure opportunities for environmentally sustainable development. Triggers: The Natural Habitats Policy is triggered by any project (including any subproject under a sector investment or financial intermediary loan) with the potential to cause significant conversion (loss) or degradation of natural habitats, whether directly (through construction) or indirectly (through human activities induced by the project). Natural habitats are land and water areas where most of the original native plant and animal species are still present (see OP 4.04, Annex A for full definition). Natural habitats comprise many types of terrestrial, freshwater, coastal, and marine ecosystems. They include areas lightly modified by human activities, but retaining their ecological functions and most native species. The Bank's interpretation of "significant conversion or degradation" is on a case-by-case basis for each project, based on information obtained through the environmental assessment (EA) process (OP 4.01). While there are no strict numerical thresholds for determining “significant” conversion or degradation, a useful rule of thumb is that project-related conversion or degradation is likely to be significant if it involves either (i) in absolute terms, more than about 10,000 hectares of natural habitats or (ii) in relative terms, more than one percent of the remaining area of any ecosystem type within the same country. Mechanisms for achieving policy objectives: The Natural Habitats Policy distinguishes between critical and other natural habitats. Critical natural habitats are those natural habitats which are either (i) legally protected, (ii) officially proposed for protection, or (iii) unprotected but of known high conservation value (see OP 4.04, Annex A, Para. 1.(b) for official Bank definition). Bank-supported projects must avoid significant conversion or degradation of any critical natural habitats. The environmental assessment process (OP 4.01) should identify any critical natural habitats within a proposed project’s area of influence. For other (non-critical) natural habitats, the Natural Habitats Policy is somewhat more flexible. It requires avoiding or minimizing damage to natural habitats to the extent feasible (see OP 4.04, Para. 5). If significant conversion or degradation of a non-critical natural habitat is needed to achieve a project’s key objectives, the project must include mitigation measures acceptable to the Bank. Such measures normally include the establishment or strengthening of an ecologically similar protected area under the same project. Consultation and Disclosure Requirements (see also BP 17.50) In projects subject to the Natural Habitats Policy, the public consultation and document disclosure requirements are those required under the EA Policy (OP 4.01). Aside from the required EA documentation (including the Environmental Management Plan), there is no free-standing document that is automatically required for all Page 27 DRAFT – Tool for Learning – Does not replace the operational policy projects which trigger the Natural Habitats Policy. However, in the process of complying with this policy, many projects generate free-standing reports (such as protected area Management Plans) which should be made publicly available as a matter of good practice. Page 28 DRAFT – Tool for Learning – Does not replace the operational policy Natural Habitats OP 4.04 – page 2 Preparation Requirements: Appraisal Requirements: 1. The Task Team (TT), in consultation with the Regional Environmental and Social Unit (RESU) verifies that: 1. Prior to appraisal, the TT ensures that the Project Appraisal Document (PAD), EA Report, or other project document adequately describes: a. The ecosystem types, locations, and estimated area (in hectares) of natural habitats which would be converted or degraded under the project (if any); b. Whether the expected natural habitat conversion or degradation is considered significant or not, and why (justified on credible technical grounds); c. The compensatory protected area(s) or other necessary mitigation measures to be supported under the project, including a description of the planned activities, implementation schedule, investment and recurrent cost budget, financing plan, and institutional responsibilities; d. The capacity of the implementing organization(s) to carry out the planned mitigation measures, with or without project-supported institutional strengthening; and e. The project's consistency with governmental land use and environmental planning initiatives, conservation strategies, laws, and regulations. a. The project design would not lead to significant conversion or degradation of any critical natural habitats; and b. If the project requires significant conversion or degradation of (non-critical) natural habitats to achieve its key development objectives, the project design incorporates acceptable mitigation measures, normally including the establishment or strengthening of one or more compensatory protected areas. 2. The Project Concept Document, Environmental Data Sheet, and/or Integrated Safeguards Data Sheet indicate: a. Whether the project has the potential to cause (directly or indirectly) the significant conversion or degradation of natural habitats--if so, the project should be classified as Category A (see BP 4.04, Para. 2); b. The geographic location, ecosystem type(s), and approximate size (hectares) of the natural habitat area which might be converted or degraded (directly or indirectly) as a result of the project (if any); and c. The types of mitigation measures which the project would include to minimize and compensate for any significant conversion or degradation of natural habitats attributable to the project. 2. Prior to appraisal, the RESU (assisted by QACU, as appropriate) reviews the PAD and EA for compliance with the Natural Habitats Policy, verifying that: a. The project would not cause (directly or indirectly) significant conversion or degradation of any critical natural habitats; b. The compensatory protected areas or other proposed mitigation measures are fully adequate and feasible; and c. Adequate public consultation has taken place regarding the project’s expected impact on natural habitats and the planned mitigation measures. Supervision Requirements: Negotiations: Prior to inviting negotiations, the TT (with the concurrence of the RESU and Legal) ensures that the draft legal documents adequately describe or reference all needed mitigation measures and any other conditionalities related to natural habitats. Supervision: 1. The TT ensures adequate and timely supervision by qualified specialists of natural habitats issues. This supervision should (i) identify any serious implementation problems involving natural habitats and (ii) assist the Borrower in devising effective and timely solutions. 2. The extent of actual conversion or degradation of natural habitats should not significantly exceed what was agreed with the Borrower. Otherwise, new mitigation measures may need to be agreed with the Borrower. 3. The TT reviews the project’s compliance with the Natural Habitats Policy and brings cases of apparently serious non-compliance to the attention of the Borrower and the Bank. Page 29 DRAFT – Tool for Learning – Does not replace the operational policy PROJECTS IN DISPUTED AREAS (OP 7.60) Salman Salman 202-458-1727 Objectives: To ensure that projects in disputed areas are dealt with at the earliest possible stage: (a) so as not to affect relations between the Bank and its member countries; (b) so as not to affect relations between the Borrower and neighboring countries; (c) so as not to prejudice the position of either the Bank or the countries concerned. Triggers: The policy is triggered if the proposed project will be in a “disputed area.” (Consult LEG for advice on identifying disputed areas. See also GP 7.60) Is the Borrower involved in any disputes over an area with any of its neighbors? Is the project situated in a disputed area? Could any component financed or likely to be financed as part of the project situated in a disputed area? Mechanisms for achieving policy objectives: The Bank should be satisfied that the other claimants to the disputed area have no objection to the project or special circumstances of the case support the Bank’s financing the project notwithstanding any objection or lack of approval by the other claimants. (OP 7.60, para. 3) Consultation and Disclosure Requirements: Project may proceed if governments concerned agree that, pending the settlement of the dispute, the project proposed for country A should go forward without prejudice to the claims of country B. The MOP bears a disclaimer stating that, by supporting the project, the Bank does not intend to prejudice the final determination of the parties’ claims. Page 30 DRAFT – Tool for Learning – Does not replace the operational policy Projects in Disputed Areas OP 7.60 – page 2 Preparation Requirements Appraisal Requirements Supervision Requirements (a) The Country Director prepares in close collaboration with the Legal Department and in consultation with other departments a memorandum through the Regional Vice President to the Managing Director and copied to the Vice President and General Counsel: The Regional Vice President, based on information in the memorandum and advice of the Managing Director (who consults with the Vice President and General Counsel), decides whether to proceed with appraisal. Not applicable because the issues should have been dealt with during the early stages of project preparation. (i) outlining the international aspects of project, procedure followed and outcome of any earlier projects Bank may have considered in the disputed area; (ii) makes recommendation for dealing with the issue, and; (iii) seeks approval for taking actions recommended and for proceeding with project processing. (b) Following project preparation, the full details of the dispute and the basis for the decision on whether to proceed to appraisal are included in the transmittal memorandum for the revised preappraisal package. The memo should indicate either that: (i) other claimants or parties to the dispute have no objection to the project or; (ii) the special circumstances of the case support he Bank’s financing of project notwithstanding any objection or lack of approval by the other claimants. Such special circumstances include the following: a. that the project is not harmful to the interests of other claimants, or b. a conflicting claim has not won international recognition or been actively pursed. A disclaimer on the Memorandum and Recommendation of the President states that by supporting the project, the Bank does not intend to prejudice the final determination of the parties’ claims. Page 31 DRAFT – Tool for Learning – Does not replace the operational policy PROJECTS ON INTERNATIONAL WATERWAYS (OP 7.50) Salman Salman 202- 458-1727 Objectives: To ensure that Bank-financed projects affecting international waterways would not affect: (i) relations between the Bank and its Borrowers and between states (whether members of the Bank or not), and (ii) the efficient utilization and protection of international waterways. Triggers: This policy covers the following types of international waterways: a) Any river, canal, lake or similar body of water that forms a boundary between, or any river or body of surface water that flows through, two or more states, whether Bank members or not; b) Any tributary or other body of surface water that is a component of any waterway described under (a); and c) Any bay, gulf strait, or channel bounded by two or more states, or if within one state recognized as a necessary channel of communication between the open sea and other states, and any river flowing into such waters. This policy applies to the following types of projects: a) Hydroelectric, irrigation, flood control, navigation, drainage, water and sewerage, industrial and similar projects that involve the use or potential pollution of international waterways; and b) Detailed design and engineering studies of projects under (a) above, including those to be carried out by the Bank as executing agency or in any other capacity. Mechanisms for achieving policy objectives: Ascertain whether the riparians have entered into agreements or arrangements or have established any institutional framework for the waterway concerned; Beneficiary state must formally notify the other riparians of the proposed project and its details. Consultation and Disclosure Requirements: Beneficiary state must notify other riparians of proposed project and its details. Page 32 DRAFT – Tool for Learning – Does not replace the operational policy Projects in International Waterways OP 7.50 – page 2 Preparation Requirements: Appraisal Requirements: Legal and Institutional Framework: Project team should ascertain whether the riparians have entered into agreements or arrangements or have established an institutional framework related to the international waterway concerned. Not applicable because the issues should have been dealt with during the early stages of project preparation. The cover memorandum for the pre-appraisal packaged addressed to the RVP and copied to the Vice President and General Counsel is prepared in collaboration with the Legal Department to convey all relevant information on international aspects of the project. Notification: when an international waterway issue is involved, the prospective Borrower should be advised to notify the other riparians of the proposed project and related details (see BP 7.50). If the Borrower does not wish to give notification, the Bank itself does so. If the Borrower objects to the Bank’s doing so, the Bank discontinues project processing. The EDs concerned are informed accordingly. Exceptions to notification: Para.7 of OP 7.50 defines three categories of exceptions: (i) for any on-going schemes, projects involving additions or alterations which will not adversely change the quality or quantity of water flows to other riparians; (ii) water source surveys and feasibility studies; (iii) projects relating to a tributary of an international waterway where the tributary runs exclusively in one state and the state is the lowest downstream riparian. Riparian responses to notification: (i) If the beneficiary state or Bank receives a positive response from the other riparians or if the other riparians have not responded within the stipulated time, the CD reports to the RVP accordingly. The memo includes an assessment of whether the project would: (a) harm the interests of the other riparians; (b) be harmed by the other riparians’ possible water use. (ii) If the other riparians object to the proposed project, the country director in collaboration with LEG and other departments concerned , sends a memorandum on the objections to the RVP and copies it to the LEGVP. (for contents of memo see BP. 7.50 para 6). The memorandum addresses the issue of whether it is advisable to obtain an additional opinion from independent experts in accordance with paras. 8-12.