Forests Sourcebook - HCV Resource Network

CHAPTER 12
Applying OP 4.10 on Indigenous Peoples
Several World Bank safeguard policies emphasize that
local sites may have special value, in particular for
those who depend on them for their livelihood or
their social, spiritual and cultural well-being. Operational
Policy on Forests (OP 4.36) recognizes that many local communities
depend entirely or primarily on forests and forest
products and that these communities are an essential factor
in forest conservation and management. The policy provides
specific safeguards concerning Indigenous Peoples
and other forest dwellers, specifically their rights of access to
and use of designated forest areas. In World Bank–assisted
commercial forest activities, the policy calls for a forest certification
system, which respects “any legally documented or
customary land tenure and use rights as well as the rights of
Indigenous Peoples and workers,” and includes “measures to
maintain or enhance sound and effective community relations”
(paragraph 10). The policy also stresses the need to
develop the certification system “with the meaningful participation
of local people and communities; Indigenous Peoples;
nongovernmental organizations [NGOs]” (paragraph 11).
OP 4.11 Physical Cultural Resources, is also relevant for
forest projects affecting Indigenous Peoples. The policy
aims to protect physical cultural resources, defined as “movable
or immovable objects, sites, structures, groups of structures,
and natural features and landscapes that have archaeological,
paleontological, historical, architectural, religious,
aesthetic, or other cultural significance” (paragraph 1).
These resources “are important as sources of valuable scientific
and historical information, as assets for economic and
social development, and as integral parts of a people’s cultural
identity and practices” (paragraph 2). These resources
may include burial sites and spirit forests important to
many forest communities, particularly Indigenous Peoples.
The World Bank’s policy on Involuntary Resettlement
(OP 4.12) applies to involuntary restrictions of access to
legally designated parks and protected areas. The policy
requires that such restrictions be determined in participation
with affected communities and that adverse impacts be
mitigated or compensated for. These arrangements are
described in a process framework prepared as a condition
for project appraisal (guidance on the application of OP 4.36,
OP 4.11, and OP 4.12 is included in chapter 9).
The World Bank’s Indigenous Peoples Policy (OP 4.10) is
the key instrument to address Indigenous Peoples’ issues for
any type of World Bank–assisted investment project affecting
Indigenous Peoples, whether the impacts are anticipated
to be positive or negative. The policy recognizes the rights of
Indigenous Peoples, which are increasingly being addressed
under international and national law. It notes that their
identities and cultures are inextricably linked to the lands
on which they live and the natural resources on which they
depend, and that this combined with their frequent marginalization
and vulnerability often exposes them to particular
risks and impacts from development projects. The policy
recognizes the vital role that Indigenous Peoples play in
sustainable development, which is especially relevant for
most forest-related projects (see note 1.3, Indigenous Peoples
and Forests).
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