Risk and Opportunities Analysis Tool - Issue Area: Culture/ 1
Standard, Version 1
Bank and Borrower shall take all
measures necessary to ensure that
cultural rights are protected within
Bank-financed activities.
ISSUE: CULTURE
Standard, Version 2
The Bank or Borrower shall
ensure that the project or
program does not detrimentally
affect the cultural, spiritual, and
religious life of the local
community.
SUB-ISSUE: CULTURAL PRACTICES
Reference Note and Materials explaining
content of standard/right
Cultural rights include the right of everyone,
especially marginalized and disadvantaged
groups, to participate in cultural life, to act
freely, to choose his or her identity, to engage
in one's own cultural and religious practices,
and to express oneself in the language of one's
choice. Cultural rights also include the right to
learn about one's culture and that of others, and
to receive quality education with due regard
for cultural identity.
 UN Special Rapporteur on Minority Issues
 UN Special Rapporteur in the Field of
Cultural Rights
 UNESCO Culture webpage
 UNESCO Recommendation on the
Safeguarding of Traditional Culture and
Folklore
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Risk Indicator Questions
Project/Program Area and Contextual Risks.
Trigger: All projects/programs to answer these questions.
1.1 Are cultural rights protected under law within
project/program area? Are the laws enforced?
Source of Law or Practice
from which standard is derived
International Covenant on Economic,
Social and Cultural Rights Article 15
United Nations Declaration of Human
Rights Article 22
Universal Declaration of Human Rights
(1948) Arts 18, 19, 27
International Covenant on Civil and
Political Rights (1966) Arts 18, 19, 27
International Covenant on Economic,
Social and Cultural Rights (1966) Art 15
(1a)
ILO Indigenous and Tribal Peoples
Convention (C169) (1989) Arts 2a, 2b, 3,
4, 5
UN Declaration on the Rights of
Indigenous Peoples (2007) Art 25
Convention on the Protection and
Promotion of the Diversity of Cultural
Expressions 2005
Impact Assessment Indicator Questions
Data Sources
Questions
to
Answer
Indicator
How will this risk impact the project/program?
How can the project/program contribute to this
need?
How will this risk impact the project/program?
How can the project/program contribute to this
need?
How will this risk impact the project/program?
How can the project/program contribute to this
need?
National legislation, national human rights
institution, CERD, UN Special Rapporteur on
the rights of indigenous peoples, NGO reports
UNDP, CERD, UN Special Rapporteur on the
rights of indigenous peoples, NGO reports
1.
the
1.2 Are there cultural minorities within the project/program area?
What specific development challenges do they face?
1.3 Are cultural minorities and marginalized and disadvantaged
groups in the project/program area able to participate in cultural
life, to act freely, to choose their identity, to engage in their own
cultural and religious practices, and to express themselves in the
language of their choice?
BHRC Draft - Sept 2015
National human rights institution, CERD, UN
Special Rapporteur on the rights of indigenous
peoples, NGO reports
Risk and Opportunities Analysis Tool - Issue Area: Culture/ 2
2.
Project/Program Direct Risks.
Trigger: Does the project/program involve education, media,
health, or cultural programs or policies, or could it otherwise
impact cultural practices? If Yes, …
2.1 Could the project/program impact the ability of people to learn
about their culture and that of others, and to receive quality
education with due regard for cultural identity, for example
through education, media, or other transmission of culture?
2.2 Could the project/program impact the ability of groups in the area
to participate in cultural life, to act freely, to choose their identity,
to engage in their own cultural and religious practices, or to
express themselves in the language of their choice?
2.3 Does the implementing entity have the demonstrated capacity to
implement projects/programs in compliance with this standard?
Are there opportunities to build capacity in this area?
3.
For each question, answer: What impacts
will be felt by different groups? How will
adverse impacts be prevented or mitigated?
How will opportunities for benefits be
realized?
How will the project/program impact
transmission of culture and the ability of
people to learn about their culture and that of
others, and to receive quality education with
due regard for cultural identity?
How will the project/program impact the
ability of groups in the area to participate in
cultural life, to act freely, to choose their
identity, to engage in their own cultural and
religious practices, or to express themselves in
the language of their choice?
Does the implementing entity have the
demonstrated
capacity
to
implement
projects/programs in compliance with this
standard? How will the project/program
address capacity needs and make use of
capacity building opportunities?
Project/Program Indirect Risks.
Trigger: All projects/programs to answer these questions. If Yes, proceed to Direct Risk questions
3.1 Could the project/program impact natural resources or livelihoods How will this risk impact the project/program?
important for cultural practices?
How will it be addressed?
3.2 Could the project/program impact the public budget or increase How will this risk impact the project/program?
the debt burden of the country such that cultural programs or How will it be addressed?
budgets may be impacted?
BHRC Draft - Sept 2015
Project documents
Project documents
Project documents
Risk and Opportunities Analysis Tool - Issue Area: Culture/ 3
ISSUE: CULTURE
Standard, Version 1
The Bank and Borrower shall
ensure that all necessary measures
are taken to avoid adverse impacts
on cultural heritage and physical
cultural resources.
The borrower will identify and
protect cultural heritage by
ensuring
that
internationally
recognized practices for the
protection, field-based study, and
documentation of cultural heritage
are implemented. Where the risk
and
identification
process
determines that there is a chance
of impacts to cultural heritage, the
project or program will retain
competent professionals to assist
in the identification and protection
of cultural heritage.
SUB-ISSUE: PHYSICAL/TANGIBLE CULTURAL HERITAGE
Standard, Version 2
None.
Risk Indicator Questions
1.
Reference Note explaining content of
standard/right
Physical cultural heritage refers to:
i. Tangible forms of cultural heritage, such as
tangible, moveable, or immovable objects,
property, sites, structures, or groups of
structures,
having
archaeological
(prehistoric),
paleontological,
historical,
cultural, artistic, and religious values; and
ii. Unique natural features, places in the
landscape or environment, or tangible objects
that are especially revered by a people, culture
or cultural group as a focus for cultural or
spiritual belief and practice, such as sacred
groves, rocks, lakes, and waterfalls.
 UNESCO Culture webpage
 World Heritage List
Impact Assessment Indicator Questions
Source of standard
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International Covenant on Economic,
Social and Cultural Rights Arts 15, 11
UN Declaration on the Rights of
Indigenous Peoples
Convention Concerning the Protection of
the World Cultural and Natural Heritage
Convention on the Protection and
Promotion of the Diversity of Cultural
Expressions 2005
Convention Concerning the Protection of
the World Cultural and Natural Heritage.
Art 5
Convention for the Protection of the
Architectural Heritage of Europe
Data Sources
Questions
to
Answer
Indicator
Project/Program Area and Contextual Risks.
Trigger: All projects/programs to answer these questions.
1.1 Is cultural heritage respected and protected under law and
practice in the project/program area? Does the government
have a participative process for identifying cultural heritage?
1.2 Are there sacred sites within the project/program area that are
not recognized? Are there complaints related to abuse of
sacred sites within the project/program area?
2. Project/Program Direct Risks.
Trigger: Does the project/program involve land or natural
resources or could it otherwise impact cultural heritage? If
Yes, …
2.1 Could the project/program impact sacred sites or cultural
heritage? Have local communities been consulted to determine
BHRC Draft - Sept 2015
How will this risk impact the project/program?
How can the project/program contribute to this
need?
How will this risk impact the project/program?
How can the project/program contribute to this
need?
For each question, answer: What impacts will
be felt by different groups? How will adverse
impacts be prevented or mitigated? How will
opportunities for benefits be realized?
How will the project/program impact sacred
sites or cultural heritage?
UNESCO reports
UNESCO reports, NGO reports, national
indigenous peoples entity, indigenous peoples
organizations, environmental agency
Project documents
Project documents
Risk and Opportunities Analysis Tool - Issue Area: Culture/ 4
whether cultural heritage or sacred sites are present in the
project/program area?
2.2 Could the project/program impact accessibility of cultural
resources or sacred sites?
2.3 Does the implementing entity have the demonstrated capacity
to implement projects/programs in compliance with this
standard? Are there opportunities to build capacity in this
area?
3.
How will the project/program impact
accessibility of cultural resources or sacred
sites?
Does the implementing entity have the
demonstrated
capacity
to
implement
projects/programs in compliance with this
standard? How will the project/program address
capacity needs and make use of capacity
building opportunities?
Project/Program Indirect Risks.
Trigger: All projects/programs to answer these questions. If Yes, proceed to Direct Risk questions.
3.1 Could the project/program impact budgets or programs related
to the recognition or protection of cultural heritage?
3.2 Could the project/program involve resettlement?
BHRC Draft - Sept 2015
Project documents
Project documents
Risk and Opportunities Analysis Tool - Issue Area: Culture/ 5
ISSUE: CULTURE SUB-ISSUE: INTELLECTUAL PROPERTY & TRADITIONAL KNOWLEDGE
Standard, Version 1
Standard, Version 2
Reference Note and Materials explaining
Source of Law or Practice
content of standard/right
from which standard is derived
Bank-financed activities shall not Bank and Borrower will take all Intellectual property rights: The right to  Convention Establishing the World
cause, contribute to, or exacerbate necessary measures to ensure benefit from the protection of the moral and
Intellectual Property Organization
violations of intellectual property that projects/programs do not material interests from scientific or artistic
 Convention Concerning the Protection of
rights or rights to traditional negatively impact intangible productions or cultural knowledge.
the World Cultural and Natural Heritage
knowledge. Any projects or cultural heritage. Any projects Traditional knowledge: Knowledge, know
Convention on the means of prohibiting
programs utilizing the intellectual or programs utilizing the how, skills, and practices that are developed,
and preventing the illicit import, export,
property or traditional knowledge, intellectual
property
or sustained, and passed on from generation to
traditional cultural expressions, or traditional
knowledge, generation within a community, often forming
and transfer of ownership of cultural
genetic resources of a community traditional cultural expressions, part of its cultural or spiritual identity.
property: adopted at its sixteenth session
or indigenous peoples must ensure or genetic resources of a  UNESCO Intangible Cultural Heritage
 Cultural heritage conventions and other
prior informed agreement and fair community
or
indigenous
Webpage
instruments: a compendium with
and equitable benefit-sharing.
peoples must ensure prior  UNESCO Lists and Register of Best
commentaries
informed agreement and fair and
Safeguarding Practices for Intangible
 UN Declaration on the Rights of
equitable benefit-sharing.
Cultural Heritage
Indigenous Peoples Arts 7, 15
Risk Indicator Questions
Project/Program Area and Contextual Risks.
Trigger: All projects/programs to answer these questions.
1.1 Does national legislation recognize traditional knowledge? Are
there complaints related to appropriation of traditional
knowledge, traditional cultural expression or genetic resources
within the project/program area?
2. Project/Program Direct Risks.
Trigger: Could the project/program involve the sale or use of
traditional goods or practices or knowledge? If Yes, …
Impact Assessment Indicator Questions
Data Sources
Questions
to
Answer
Indicator
How will this risk impact the project/program?
How can the project/program contribute to this
need?
National legislation, NGO reports, indigenous
peoples organizations
For each question, answer: What impacts
will be felt by different groups? How will
adverse impacts be prevented or mitigated?
How will opportunities for benefits be
realized?
How will the project impact intellectual
property rights or traditional knowledge?
Does the implementing entity have the
demonstrated
capacity
to
implement
projects/programs in compliance with this
standard? How will the project/program
address capacity needs and make use of
capacity building opportunities?
Project documents
1.
2.1 Could the project impact intellectual property rights or traditional
knowledge?
2.2 Does the implementing entity have the demonstrated capacity to
implement projects/programs in compliance with this standard?
Are there opportunities to build capacity in this area?
BHRC Draft - Sept 2015
Project documents
Risk and Opportunities Analysis Tool - Issue Area: Culture/ 6
3.
Project/Program Indirect Risks.
Trigger: All projects/programs to answer these questions. If Yes, proceed to Direct Risk questions.
3.1 Could the project/program increase biopiracy or other risks to
traditional knowledge and genetic resource rights?
3.2 Could the project/program impact budgets or programs related to
environmental enforcement and protection of traditional
knowledge or practices?
BHRC Draft - Sept 2015