Land Administration Project (First Request)
Issues
Sectors
Description
The Requesters claim that, in violation of its own policy on Indigenous Peoples, during implementation of the Project the Bank did not take into account the rights and interests of the Pueblo Naso communities, inter alia, because Project officials are trying to impose a “Carta Orgánica” in their territory that is detrimental to their rights, has not been consulted with the indigenous people and lacks legal basis. What follows is a summary description of the situation as depicted in the Request.
The Requesters state that the PRONAT is expected to demarcate the territory of the “original people” of the Bocas del Toro Province and that, since its initial implementation, “the Project has been carrying out activities in their Naso Tjër Di territory with the support of the Dobbo Yala Foundation and the then King Tito Santana [of the Naso people] and his team” (emphasis added). The Requesters state that, in this context, Bank financing made possible to agree on a Bill of Law, supported by the Naso People, which would create the Province of Naso Tjër Di. This Bill of Law was submitted to the National
Assembly of Panama but was never approved.
The Requesters claim that the situation has now changed and PRONAT officials are no longer consulting with the legitimate representatives of the Naso Peoples, and that this has created tensions between the members of the Naso and the Foundation carrying out the consultations. They state that the Bank-financed Project supported a new Bill of Law establishing collective land property in indigenous territories, which was approved by the National Assembly on December 3, 2008 as Law No. 72. According to the Requesters this new Law created “an uncertain regime of regional rezoning”. The Requesters believe that, the Project-supported new law “constitutes a flagrant and very serious violation of the sole and true aspiration of the Naso People—the creation of a juridical framework that would respect the cultural and all forms of politico-traditional life of our Naso people, as well as the natural, archeological and genetic resources in general that we now have and that we have inherited from our ancestors and that we are entitled to: that is the region of Naso Tjër Di.”
The Requesters state that they asked PRONAT officials to comply with the World Bank’s Operational Policy on Indigenous Peoples and that, since no reply was received from them, the “Naso people, jointly with Ngobe leaders affected by the delimitation of the adjacent lands,” sent a note to World Bank staff, in December 2007, “requesting an urgent visit to the area.”
They add that World Bank staff carried out a field visit in January 2008 where they were informed about the concerns of the Naso Peoples in relation to PRONAT. The Request claims that on a follow-up visit to evaluate PRONAT in March 2008, Bank staff did not meet with the Naso people, who were left waiting for them at the community of Bonyik. The Naso people’s concerns were again expressed, at a meeting held later on in Panama City but so far, the Requesters claim, World Bank staff have not responded to
their concerns.
In view of the foregoing, the Requesters state that “we are also disappointed with the World Bank, who has not enforced its operational policies on indigenous peoples,” adding that for this reason they are “requesting the Inspection Panel to carry out an indepth and detailed investigation of all that has happened since the arrival of PRONAT in our territory.”
The above claims may constitute non-compliance by the Bank with various provisions of the following operational Policies and Procedures:
OD 4. 20 Indigenous Peoples
OP/BP 13.05 Project Supervision