The Requesters claim Project activities threaten their land and livelihoods, as the road creates opportunities for illegal activities and for settlers to move into their area. The Requesters allege that the road upgrade has resulted in increasing rates of illegal occupation and is presenting a risk to indigenous land titling efforts underway or planned. They claim the road exacerbates activities such as agribusiness expansion and deforestation; this in turn raises the rates of wildfires, which they claim threaten their land and livelihoods. The Requesters allege that the original Indigenous People’s Plan (IPP) neither mitigated adverse impacts nor granted them access to Project benefits. According to the Requesters, they have been discussing these issues with the Bank team and the implementing agency since 2018, but it has taken three years of engagement for their inputs to be included in the updated IPP which was agreed to in December 2021. While the Requesters consider the updated IPP “relatively strong” and “much improved” compared to the original IPP, they complain about its remaining shortcomings and its ineffective implementation. They raise concerns about inadequate social and economic benefits and measures intended to avoid, minimize, or compensate for the Project’s adverse impacts. They allege a lack of meaningful consultation on the Project. They also allege Project workers engaged in sexual exploitation, abuse, and sexual harassment (SEA/SH) of indigenous women and girls. They say the Project contractor’s hiring conditions do not guarantee the labor rights of the Chiquitanos working at Project sites.
The Panel registered the Request on January 13, 2023, and Management submitted its Response to the Request on February 15, 2023.
The Management Response expresses the view that the Request largely focuses on broader economic and demographic development which are not caused by the Project. According to Management, it is highly unlikely that the harm to the Chiquitanos could have already occurred as a result of the road upgrade works given the physical works under the Project are in the early stages. Management adds that the inclusion of targeted measures to help prevent and respond to SEA/H that were reflected in Project documents, given the high prevalence of gender-based violence in Bolivia and addressing SEA/H was recognized early in the Project design stage. Management notes its awareness of labor-related issues, and explains that it requested the implementing agency to ensure these issues are quickly resolved and a labor and Occupational Health and Safety (OHS) audit be undertaken.
A Panel team visited Bolivia March 4-12, 2023 to inform its eligibility assessment. In its March 17, 2023 Report and Recommendation to the Board recommending an investigation, the Panel notes there are conflicting assertions by the Requesters and Management, and that it is not possible to assess whether Management has dealt appropriately with the issues raised or sufficiently demonstrated it followed Bank policies and procedures. The Panel observed areas of what appeared to be unmitigated impacts on water, road safety, and areas used for the extraction of road materials. The Panel notes the concerns about land take, the poor understanding of how that relates to valuation and compensation, and the claims that some project-affected persons (PAPs) have lost land prior to receiving compensation. The Panel also heard numerous complaints that insufficient knowledge and information-sharing prevented the PAPs from meaningfully articulating more detailed concerns and priorities for the IPP, that implementation is slow-moving, and that the measures committed to in the IPP are insufficient to achieve the objectives of the IPP. The Panel was unable to assess the adequacy of the SEA/H systems in place. The Panel notes the concerns raised around labor and working conditions and acknowledges the upcoming labor and OHS audit.
The Board approved the Panel’s recommendation on March 31, 2023.
As per the Inspection Panel and Accountability Mechanism Resolutions, following the Panel’s recommendation to investigate, the Accountability Mechanism Secretary (AMS) offered the opportunity for dispute resolution to the Requesters and Borrower. On May 12, 2023, the AMS informed the Board, the Panel and Bank Management that there was no agreement from both Parties to enter dispute resolution. In accordance with the Inspection Panel and Accountability Mechanism Resolutions, the Panel commenced its Investigation.
The Panel issued the Investigation Plan on May 16, 2023.
On February 12, 2024, the Panel submitted its Investigation Report to the Board. On February 21 and 22, 2024, the Panel shared its findings with and explained them to the Requesters and some PAPs, so that they could participate more effectively in the Management-led consultations on its proposed remedial actions, which are included in Management’s response to the Panel’s findings.
The key findings of this investigation relate to the analysis of the Project’s potential, adverse effects, and the free, prior, and informed consultation. The Panel found that Management did not ensure the Social Assessments had adequate breadth and depth of analysis of the Project’s potential, adverse effects on the Chiquitano communities in the Project area. The Panel also found Management did not ensure an adequate process of free, prior, and informed consultation with the Chiquitano communities. The Panel noted several problems with – and community concerns about – the discrepancies between the IPP objectives and the design and the implementation of some projects and activities proposed under the IPP. One such discrepancy arose from the inadequate assessment of potential, adverse impacts and the resulting absence of mitigation measures in the IPP. The Panel noted some of the IPP projects focused on “outputs”, and the Panel is concerned they are being implemented without creating meaningful or sustainable “outcomes” for the beneficiaries.
The Panel’s other findings included construction-related impacts on the borrow pits, atajados (artificial ponds that provide drinking water for humans and animals), and the resettlement and compensation in relation to the right-of-way, as well as on the Project’s Grievance Redress Mechanism, road safety, OHS management and labor working conditions, SEA/SH, and Bank supervision.
According to the Management’s Response and Recommendation to the Panel’s findings, Management agreed with the Borrower and consulted with the Requesters on the Management Action Plan (MAP). The Borrower expressed its commitment to implement the MAP, and the World Bank will continue to provide hands-on support in implementing the MAP and the Project as a whole.
On May 16, 2024, the World Bank Board of Executive Directors discussed the Inspection Panel’s Investigation Report. The Board also approved the MAP to address the Panel’s Investigation Report findings.
Español
(The Spanish translations of documents are unofficial and provided as a service to interested parties. Every effort has been made to ensure accuracy. If any part of the translation in Spanish is inconsistent with the original text in English, the latter shall prevail.) .
