Review and Update of the World Bank’s Environmental and Social Safeguard Policies Phase 3 Feedback Summary Date: October 27, 2015 Location (City, Country): Beijing, China Audience (Government, Implementing agencies, Multi-stakeholder, etc.): Central government and institutions Overview: The consultations in China took place with the central government in Beijing and with representatives of provincial Project Implementation Units (PIU) in Kunming, and covered policy and strategic issues as well as practical issues of project implementation. The consultations benefited from significant preparation by Chinese counterparts, which ensured that most of the topics on the list of outstanding issues were discussed. The Bank team also met with the Assistant Minister of Finance and the Vice Governor of Yunnan Province, who provided the strategic perspective of senior government representatives. Chinese counterparts expressed their support for the safeguards review process, and their commitment to achieving a good outcome. ESF Issue Items Feedback Vision Human Rights Approach to human rights in the ESF Human rights: The Bank is suggested to seek common ground. And the language on human rights in Vision statement should be general. ESP/ ESS1 Non-discrimination and vulnerable groups Explicit listing of specific vulnerable groups by type/name (age, gender, ethnicity, religion, physical, mental or other disability, social, civic or health status, sexual orientation, gender identity, economic disadvantages or indigenous status, and/or dependence on unique natural resources) Specific aspects of the principle in complex social and political contexts, including where recognition of certain groups Non-discrimination: There are groups mentioned in the ESF that many find controversial, which the laws of many Borrower countries do not recognize as legal, such as SOGIE or religious groups (cult). Also, since information on mental and physical disability or health status should be treated as private and confidential, it is unclear how the Borrower and Bank staff could implement the requirement of non-discrimination in this regard.
ESS5 Land acquisition and involuntary resettlement Treatment and rights of informal occupants and approach to forced evictions in situations unrelated to land acquisitions Interpretation of the concept of resettlement as a “development opportunity” in different project circumstances Forced eviction: Clarification was sought on the difference between the forced eviction forbidden under ESF and eminent domain exercised under national law. Compensation in installments: In the first draft ESF, Borrowers were allowed to provide compensation in installments. The second draft ESF has deleted this paragraph. Bank projects in China have provided compensation in different phases without problem, so this is confusing. It should be clarified whether the proposed ESF will indeed result in any changes in this regard. Resettlement as a development opportunity: It is unclear what this really means. The Bank should provide clearer explanation on this. ESS6 Biodiversity Operationalization of the provisions on primary suppliers and ecosystem services, especially in situation with low capacity Role of national law with regard to protecting and conserving natural and critical habitats Criteria for biodiversity offsets, including consideration of project benefits Definition and application of net gains for biodiversity Ecosystem services: This was introduced in the second draft ESF. Defining “ecosystem services” as a concept is fine, but introducing requirements is different. It is impossible for Borrowers to assess and implement measures for such a new concept that encompasses provisioning services, regulating services, cultural services and supporting services. The local implementers are very concerned about this. There is no estimation of project cost and time that will be incurred in implementing this concept. ESS7 Indigenous Peoples Implementation of the Indigenous Peoples standard in complex political and cultural contexts Implementation of ESS7 in countries where the constitution does not acknowledge Indigenous In China, the concept of ethnic minority is not so simple. The Bank should assess the country specific context. The proposed ESS7, para 6 (c), sets out one of the characteristics of IP as “Customary cultural, economic, social, or political institutions that are distinct or separate from those of the mainstream society or culture.” As there may be some illegal political groups who fall into this category but may violate the laws and regulations of the Borrower, this formulation should be changed.