Comments on the World Bank’s Draft Guidance Note for Borrowers ESS5: Land Acquisition, Restrictions on Land Use and Involuntary Resettlement

Authors

Columbia Center on Sustainable Investment, Columbia Law SchoolFollow

Document Type

Memo/Briefing Note

Publication Date

12-2017

Abstract

In December 2017, CCSI sent comments to the World Bank regarding its Draft Guidance Note for Borrowers ESS5: Land Acquisition, Restrictions on Land Use and Involuntary Resettlement.

CCSI’s overarching comments on the Guidance Note were that:

• Its description of affected persons and their rights contradicts and undermines international consensus on land governance supported by the Bank
• It fails to provide any guidance on when involuntary resettlement should be considered unavoidable or how Borrowers can prioritize project designs that actually minimize displacement or other harms
• It fails to put rights-holders (or “affected stakeholders”) at the center of solutions
• Its discussion of retroactive applicability is wholly unsatisfactory, and risks the Bank condoning actions that completely fail to meet requirements of the Safeguards
• It could do more to explain how forced evictions will be avoided through the application of ESS5

Disciplines

Agriculture Law | Food and Drug Law | Land Use Law | Law

Recommended Citation

Columbia Center on Sustainable Investment, Comments on the World Bank’s Draft Guidance Note for Borrowers ESS5: Land Acquisition, Restrictions on Land Use and Involuntary Resettlement, (2017).
Available at: https://scholarship.law.columbia.edu/sustainable_investment_staffpubs/42