Biannual Case Update - June 2023

The Inspection Panel is committed to promoting transparency by disclosing Panel's case-related documents to the public. Ensuring openness and accountability in its case work, The Panel has been diligently publishing all case-related documents on Panel's dedicated case pages on its website. 

To enhance transparency and engagement, the Inspection Panel has recently introduced a new initiative: the Biannual case updates. These updates will provide the public with timely information on the latest developments and insights from the Panel's ongoing cases. By sharing this information, the Panel aims to keep the public informed about its case work and the impact it has on affected communities.  It also contributes to the institutional learning at the World Bank and across the wider development community.

The Panel presents its inaugural publication of the biannual case update. Explore the progress made in Panel's ongoing cases for the period ending June, 2023, as the Panel continues to uphold its commitment to transparency and accountability.

INVESTIGATION ONGOING
BOLIVIA: Santa Cruz Road Corridor Connector Project (San Ignacio – San Jose)
The Panel commenced its investigation as there was no agreement to pursue dispute resolution. The Panel issued the Investigation Plan on May 16, 2023.  The Panel’s investigation is currently ongoing and the Panel aims to conclude its Investigation in December 2023. The Panel’s Investigation Report and the Management Response and Recommendation, including the Management Action Plan, addressing the Panel’s findings will be made publicly available after the Board meets to consider the Panel’s findings, and to discuss and approve the Management Action Plan. Learn more.

INVESTIGATION COMPLETED
TOGO, WESTERN AFRICA: West Africa Coastal Areas Resilience Investment Project, Additional Financing, and GEF
On April 20, 2023, the Panel submitted its Investigation Report and, on April 24 to 26, shared its findings with and explained them to the Requesters so 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 Panel’s investigation found that the Project’s insufficient understanding of artisanal fishing, its value chain and its specificities in particular beach seine fishing caused many of the concerns raised in the Request. The full investigation report can be read here. At the time of publication of this case update Bank Management was preparing a Management Action Plan to address the Panel’s findings in the investigation report. Learn more

UGANDA: North-Eastern Road Corridor Asset Management Project
The Panel submitted its Investigation Report to the Board on May 3, 2022. The Panel’s investigation focused on the harm alleged by the community members and systemic issues – such as contract management, and effective monitoring systems, and the inherent weakness associated with generic environmental and social framework documents. A Panel team traveled to Uganda and shared its findings with the Requesters so that they could meaningfully engage with Management during its MAP development process. Management has agreed with the borrower and consulted with the community on an Action Plan to address the Panel's findings. The Government of Uganda has confirmed its commitment to implement the MAP as part of continued Project implementation. On September 30, 2022, the World Bank’s Board of Executive Directors considered the Management Report and Recommendation and approved the MAP. Management will report to the Board on the progress in implementing the MAP within six months. Learn more

INDIA: Rural Water Supply and Sanitation Project for Low-Income States
The Panel submitted its Investigation Report to the Board on January 15, 2020. The Panel shared a copy of its Report with the Requesters so they could participate more effectively in the Bank Management consultations on the preparation of the action plan responding to the Panel’s findings.  In response to the findings of the Investigation Report, Management prepared a MAP to address the Panel's findings in the investigation report. The MAP included updating and finalizing the EMPs, sludge and water quality testing, conservation of a sacred tree and hillock in Giddhi Jhopri, restructuring the GRM, and ensuring creation of information and education initiatives. Management agreed with the Requesters that the Government should help communities develop a pilot project to enhance livelihoods by cultivating bamboo, lemongrass, and other medicinal plants, and should confirm in writing that police cases against protestors among the tribal peoples were now dropped. The Board discussed the Panel’s Investigation Report and approved the MAP on March 2, 2022. Management committed to reporting annually to the Board on its progress in implementing the MAP. Learn more

INVESTIGATIONS RECOMMENDED/ DISPUTE RESOLUTION
UGANDA: Second Kampala Institutional and Infrastructure Development Project
The Panel recommended an investigation for this case to the Board on October 4, 2021 and the Board approved the Panel’s Recommendation on October 20, 2021. On October 22, 2021, the AM Secretary offered the option of dispute resolution to the Requesters and Borrower. The parties accepted the offer, and this was reported to the Board on December 2, 2021, marking the start of the dispute resolution process. On December 1, 2022, at the request of both parties, the AM Secretary issued a six-month extension of the mediation process. On May 31, 2023, the parties signed a Dispute Resolution Agreement, which the signatories agreed to keep confidential. At the parties’ request, DRS is monitoring the implementation of the commitments undertaken as part of the mediation agreement. Learn more about the DRS process here. On June 5, 2023, given that the Parties had reached an agreement through dispute resolution, the Panel issued a memorandum closing the case. Learn more

CAMEROON: Nachtigal Hydropower Project and Hydropower Development on the Sanaga River Technical Assistance Project
Based on its observations and review, the Panel recommended an investigation into the alleged harm and related non-compliance with World Bank operational policies and performance standards, as per Performance Standards for Private Sector Activities. The Board approved the Panel’s Recommendation on October 19, 2022. As per the Inspection Panel and Accountability Mechanism Resolutions, following the Panel’s Recommendation, on October 26, 2021, the AM Secretary offered the option of dispute resolution to the Requesters and Borrower.  The parties accepted the offer, and this was reported to the Board, Panel, and Management on December 1, 2022, marking the start of the dispute resolution process. The dispute resolution process is ongoing. Learn more

CASE PENDING DECISION

TANZANIA: Resilient Natural Resource Management for Tourism and Growth
The Request alleged that the Bank-financed did not follow several World Bank policies and procedures. With respect to involuntary resettlement, the Requesters alleged that communities in five villages (with an approximate population of 20,000) in Ruaha National Park (RUNAPA) were notified that they will be evicted. The Request alleged that they face violence, retaliation and threats of retaliation, which had created a sense of constant fear among affected community members. The Request alleged that over the past two years their cattle have been seized in large numbers to the detriment of pastoral livelihoods. It alleged that the seizure of cattle had impacted several indigenous peoples groups, including Maasai, Sukuma, and Datoga pastoralists, who inhabit the Project area. They claimed that the Bank failed to trigger its Indigenous Peoples Policy, causing irreparable harm to the identity, culture, and rights of the indigenous communities in the Project area, and that no free, prior, and informed consultations were conducted with the affected indigenous communities in the Project area.  At the time of publishing this case update, the Panel was reviewing the Request on its admissibility. Learn more

INVESTIGATION NOT RECOMMENDED
INDIA: Vishnugad Pipalkoti Hydro-Electric Project—Third Request for Inspection
A Panel team visited India in October 2022 to inform its Eligibility Report and Recommendation. The team met with Bank staff and Government officials in New Delhi and Dehradun, and traveled to Haat and the neighboring villages— to meet the Requesters and project authorities.   The Panel recommended no investigation into the matters raised in the Third Request for Inspection because , the Panel was of the view that no harm had occurred to the Lakshmi Narayan Temple complex, and that there were strong commitments by both THDC India Limited and Bank Management to preserve it. The Board of Executive Directors approved this Recommendation on November 4, 2022. Learn more

NOTICE OF NON-REGISTRATION
BENIN, WESTERN AFRICA: West Africa Coastal Areas Resilience Investment Project, and Global Environment Facility
https://www.inspectionpanel.org/node/5067
The Request alleged that the Bank-financed Project had aggravated their poverty and caused unemployment in their community by banning and displacing fishing activities.  The Request claimed that the Project did not properly evaluate the cultural heritage and places of worship. The Request also alleged that the Project had not analyzed all the adverse effects and had misjudged the harm caused by the Project in their locality.  The Panel determined that Management had not had sufficient opportunity to respond to the Requesters’ concerns before submission of the Request. On January 24, 2023, the Panel issued a Notice of Non-Registration. Learn more

EGYPT, ARAB REPUBLIC OF: Sustainable Rural Sanitation Services Program for Results and its Additional Financing
The Request alleged that they were suffering harm due to the Project’s failure to follow World Bank safeguard policies and occupational health and safety guidelines.  The Panel did not register the Request due to the absence of a plausible link between the alleged harm raised in the Request and the Bank-financed Project.  The Panel also noted the significant and ongoing efforts by Management to address the Requesters’ concerns.  On November 29, 2022, the Panel issued a Notice of Non-Registration related to the Request for Inspection. Learn more

LEBANON: Greater Beirut Water Supply Project and Its Additional Financing, and Water Supply Augmentation Project
The Request alleged orchards, which provided substantial income to Requesters’ family, were acquired without adequate compensation. The Request alleged that severe currency devaluation during the compensation process rendered their compensation inadequate and caused them substantial harm. The Request alleged that they were till awaiting for adequate compensation despite losing the land more than five years ago. On April 17, 2023, the Panel issued a Notice of Non-Registration. The Panel’s due diligence concluded that the land acquisition and resettlement process subject to this Request was undertaken under the Water Supply Augmentation Project. Since the Augmentation Project was approved on September 30, 2014, and was 100 percent disbursed at the time of receipt of the Request, the Panel determined that it was inadmissible. Learn more

VIET NAM: Vietnam Coastal Cities Sustainable Environment Project (First Request)
The Request alleged that they had been negatively impacted by the methodology used for calculating land prices for resettlement land. The Request claimed that they owned Project-affected houses and land before the Project cut-off date, and they were entitled to on-site resettlement, but Project authorities deemed them ineligible. The Request alleged that some households, which at one time were part of the resettlement program, were subsequently excluded from it. The Requesters believed that their land had been miscategorized and hence undervalued, and that the resettlement package neither compensates them for the replacement value nor adequately restored their livelihoods. The Request also alleged that some households were “forced to” accept the acquisition of their land.  On February 23, 2023, the Panel issued a Notice of Non-Registration for the Request as it did not meet all admissibility criteria. While the Panel noted Management appeared to have had prior knowledge of resettlement-related issues in this Project, the Panel was not satisfied that Management had had a reasonable opportunity to respond to the allegations raised in the Request. Learn more

NEPAL: NEPAL-INDIA Electricity Transmission and Trade Project and Its Additional Financing 
On February 16, 2022, the Panel recommended an investigation to the Board. In its recommendation the Panel noted the conflicting assertions between the Requesters and Bank Management and concluded that without an investigation it was not possible to assess whether Management had appropriately addressed the issues raised and sufficiently demonstrated that it had followed Bank policies and procedures, or whether Management’s proposed actions adequately addressed the matters raised in the Request. On March 3, 2022, the Board approved the Panel’s Recommendation to investigate. As per the Panel Resolutions and Accountability Mechanism Resolutions, the next phase in the Panel process was the Dispute Resolution Phase. On April 20, 2023, the AM Secretary issued a Notice of Dispute Resolution Agreement stating that the dispute resolution process concluded on April 11, 2023, with a signed agreement. Since the Parties reached an agreement through dispute resolution, the Panel issued a memorandum closing the case on April 27, 2023. Learn more