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World Bank Changes: The office of the Accountability Mechanism Secretary is to be disbanded as the Inspection Panel, and the Dispute Resolution Service will operate independently.

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By Witness Radio team.

The World Bank’s Board of Executive Directors has approved changes to its Accountability Mechanism (AM) structure to enhance its independence and overall effectiveness, efficiency, and functioning.

The World Bank Accountability Mechanism is an independent complaints mechanism for people and communities that believe a World Bank-funded project has harmed them or is likely to be abused by one. It also houses the Inspection Panel and the Dispute Resolution Service.

This milestone, a response to the overwhelming complaints from cases handled by the World Bank’s Accountability Mechanism, including the failure to fully address concerns submitted by communities negatively impacted by World Bank-funded projects, brings hope for a more effective and responsive system.

The approved changes follow a comprehensive report by an external review team appointed by the World Bank Board last year. This thorough review explored options to improve the World Bank’s accountability process, instilling confidence in the changes made.

The report provided assessments and recommendations on issues related to accessibility to the compliance and DR functions; how the IPN can independently perform its compliance function under the present structure; options for structural changes; redundancies and efficiencies in the present AM system; and interactions between the DR and the compliance review functions, among others offering options that range from moderate to significant changes.

Based on the recommendations from the External Review Team report, the Inspection Panel (IP) and the Dispute Resolution Service (DRS) will operate as two parallel units, each independently reporting to the Board, and the Accountability Mechanism Secretary will be closed.

Additionally, a new position of Executive Secretary will be created to support both units and work under the direct supervision of the IP Chair and the Head of the DRS.

Initially, as per its founding mandate, the Inspection Panel responds to complaints from individuals affected by World Bank projects. If a Request for Inspection is deemed eligible and the Panel recommends an investigation, the Board approves. Within 30 business days of the investigation’s approval, the Accountability Mechanism Secretary will offer the Requesters and borrower the option of voluntary, independent dispute resolution. If both parties accept this offer, the Dispute Resolution Service will assist them in reaching an agreement to resolve the issues raised in the Request.

If either party declines dispute resolution or an agreement is not reached within the specified time frame, the case is transferred to the Inspection Panel. The Panel, a cornerstone of the World Bank’s accountability process since 1993, investigates to assess whether the Bank has adhered to its operational policies and procedures and to identify any harm caused.

The new Executive Secretary position will provide administrative, communication, and coordination services to the IP and the DRS. This role will ensure smooth operations and effective communication between the two units, the Board, and other stakeholders.

The World Bank has also stated that these changes will not impact current cases, and the Board will continue to explore further reforms to enhance overall accountability. The changes will be implemented following the Board’s adoption of amendments to the governing resolutions in the coming weeks.

The AM and DRS were created by the Board in 2020 to provide project-affected communities with the option of dispute resolution to address their concerns. Creating these units was a significant step towards enhancing the World Bank’s accountability and ensuring that affected communities have a voice in the project implementation process. The Inspection Panel, which carries out compliance reviews in response to complaints by affected people, was established in 1993 as the first independent accountability mechanism at an international financial institution.

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Ugandan farmers take TotalEnergies’ pipeline to UK court

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Police apprehend a Ugandan activist during a protest against the East African Crude Oil Pipeline (EACOP) plans in Kampala, Uganda, on 15 September, 2023. © Reuters

Four Ugandan farmers filed a case against the East African Crude Oil Pipeline (EACOP) at the UK’s High Court on Tuesday, seeking to have Ugandan constitutional, environmental and climate law applied to EACOP Ltd, the UK-registered company financing the project

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Lawyers Move to Court to Stop New Luxury Tourism Projects in Maasai Mara

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A coalition of regional legal and environmental organisations has moved to court seeking to halt the approval and development of new luxury tourism facilities in the Maasai Mara National Reserve, arguing that the projects threaten one of the world’s most important wildlife ecosystems.

The petition, filed before the Environment and Land Court, seeks orders stopping further construction of high-end tourist accommodation within the reserve pending the determination of the case.

Those behind the petition include East Africa Law Society, Natural Justice, JustAct and Africa Centre for Peace and Human Rights, who have sued several government agencies and private investors involved in the developments.

Among the respondents are Marriott International, The Ritz-Carlton Hotel Company, Minor Hotels, National Environment Management Authority (NEMA), Kenya Wildlife Service (KWS) and the Narok County Government.

Narok Governor Patrick Ole Ntutu and the Maasai Mara National Reserve date in Narok County.
Photo| County Government of Narok / Maasai Mara National Reserve.

The petitioners contend that approvals granted for the tourism developments violated constitutional and environmental safeguards, arguing that the projects were allowed within ecologically sensitive areas meant primarily for wildlife conservation.

Court documents further claim that the developments sit close to critical wildlife habitats and migration routes linking the Maasai Mara ecosystem with Serengeti National Park.

This, according to them, potentially disrupts the annual wildebeest migration that attracts thousands of tourists every year.

They have asked the court to certify the matter as one raising substantial constitutional questions and refer it to the Chief Justice for the appointment of a five-judge bench to hear the case.

The latest legal challenge comes months after the planned opening of the luxury Ritz-Carlton safari camp sparked public debate, with conservationists raising concerns that the facility could interfere with wildlife movement near the Sand River.

At the time, the Kenya Wildlife Service dismissed claims circulating online that the camp had blocked the wildebeest migration, describing videos shared on social media as misleading.

“The Ritz-Carlton safari camp is situated within a designated tourism investment low-use zone, as provided for in the Maasai Mara National Reserve Management Plan, 2023-2032,” KWS said at the time.

The agency also maintained that camps established along the Mara, Sand and Talek rivers have historically coexisted with wildlife movements without obstructing migration.

Source: kenyans.co.ke

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More than 17,000 people in the Philippines face eviction from their ancestral land for a multimillion-dollar energy project.

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By Witness Radio Team,

In the Visayas and Mindanao regions, in the Iloilo municipality on Panay Island in the central Philippines, thousands of Indigenous Tumandok people face forced displacement as a major energy project advances through their ancestral territories.

The Jalaur River Multi-Purpose Project, a state-backed dam and hydropower initiative, has triggered fears of forced evictions affecting more than 17,000 people and has already submerged ancestral land belonging to Indigenous communities.

The Tumandok have relied on the river basin as burial grounds, fishing sites supporting their livelihoods, and sacred landscapes preserved through oral history and cultural tradition for decades.

In 2012, the Korean Export-Import Bank provided a USD 260 million loan to the Philippine government for a multi-purpose project on the Jalaur River. Authorities present the project as a long-term solution for irrigation, flood control, and hydropower generation, designed to benefit agricultural production across thousands of hectares of farmland. However, host communities say the development has come at a high human cost.

The dam project, which began in the 1960s, entered a new construction phase in 2012, triggering new waves of human rights violations, from attacks and killings to arrests, and is expected to reach full completion in 2027.

As construction progresses, Indigenous ancestral domains within the project-affected watershed—covering approximately 16,780 hectares in the Calinog component—are being impacted by the Jalaur River Multi-Purpose Project Stage II. Community leaders say this is displacing Indigenous families from their homes amid concerns over inadequate consultation and potential violations of Indigenous land rights and free, prior, and informed consent standards.

Article 19 of the Declaration on the Rights of Indigenous Peoples requires states to consult and cooperate in good faith with the Indigenous peoples concerned, through their own representative institutions, to obtain their free, prior, and informed consent before adopting and implementing legislative or administrative measures that may affect them.

Article 32(b) of the same declaration urges states to make consent the objective of consultation before any projects that affect Indigenous peoples’ rights to land, territory, and resources, including mining and other uses or exploitations of resources.

John Ian Alecianga, coordinator of the Jalaur River People’s Movement, says opposition to the project has drawn allegations of intimidation, killings, arrests, and a heavy security presence in affected communities.

“Mobilizing these indigenous communities to fight for their rights has come at a cost. Indigenous leaders and activists have been subjected to surveillance, harassment, and red-tagging due to their resistance to the dam,” John said in an exclusive interview with our team.

According to John, tensions escalated in December 2020 when a police attack in Tumandok communities killed at least nine Indigenous leaders and elders and led to the arrest of 16 others.

“The military was deployed, human rights were violated, many elders were killed, and others were arrested, escalating into what we call a massacre. A fake search warrant was used in a staged operation to enter the houses of the Tumandok leaders. This is how much the government has ignored the rights of the indigenous peoples from the project conception until the project implementation,” he said. “The event remains one of the most traumatic moments in the ongoing conflict around the project,” John added.

Despite pressure, Indigenous communities continue to resist eviction through local and international advocacy networks, calling for justice for those killed in 2020, recognition of their land rights, and immediate protection from further displacement.

“The people are resisting because land is their life. Without it, there will be no community. There will be no identity,” he said.

The Jalaur River People’s Movement also seeks accountability through international mechanisms, including engagement with South Korean institutions linked to project financing.

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