Overview
1.    The broad objective of this policy is to ensure that the development process fosters full respect for the dignity, human rights and cultures of indigenous peoples, thereby contributing to the Bank's mission of poverty reduction and sustainable development.  To achieve this objective, Bank-assisted projects which affect indigenous peoples provide them a voice in design and implementation, avoid adverse impacts where feasible, or minimize and mitigate them, and ensure that benefits intended for them are culturally appropriate.
2.    The Bank recognizes that indigenous peoples are commonly among the poorest and most vulnerable segments of society and in many countries they have not fully benefited from the development process.  It also recognizes that the identities, cultures, lands and resources of indigenous peoples are uniquely intertwined and especially vulnerable to changes caused by development programs.  Because of this, issues related to indigenous peoples and development are complex and require special measures to ensure that indigenous peoples are not disadvantaged and that they are included in and benefit from these programs as appropriate.
3.    Part I of this Operational Policy sets out the processes for identifying indigenous peoples, the policy requirements to be followed when they are affected by Bank-assisted projects, and the specific measures required when a Bank-assisted project affects the lands or resources of an indigenous group.  Part II describes activities which may be undertaken by Bank members in the context of their development planning and poverty reduction strategies and which may be supported by the Bank in order to further the objectives of this policy.

I.  SAFEGUARD PROVISIONS

Identification of Indigenous Peoples
4.    The terms “indigenous peoples,” “indigenous ethnic minorities,” “tribal groups,” and “scheduled tribes” describe social groups with a social and cultural identity that is distinct from the dominant groups in society and that makes them vulnerable to being disadvantaged in the development process.  Many such groups have a social and economic status that limits their capacity to defend their interests in and rights to land and other productive resources, or that restricts their ability to participate in and benefit from development.
5.    The Bank recognizes that different countries may refer to such peoples by different terms.  This policy does not provide a single universal definition for the term "indigenous peoples.”  Instead, this policy identifies indigenous peoples in particular geographic areas by the presence, in varying degrees, of some of the following distinctive characteristics:
(a)    close attachment to ancestral territories and the natural resources in them;
(b)    presence of customary social and political institutions;
(c)    economic systems primarily oriented to subsistence production;
(d)    an indigenous  language, often different from the predominant language; and
(e)    self-identification and identification by others as members of a distinct cultural group.
6.    The requirements of this policy do not apply to groups who (a) have left their communities of origin and (b) moved to urban areas and/or migrated to obtain wage labor.
Policy Requirements
7.    Bank-assisted operations which may affect indigenous peoples require:
a)    Screening to identify whether there are indigenous groups in the project area;
b)    Meaningful consultation with all such affected groups;
c)    Mechanisms incorporated into project design and implementation to:
foster the informed participation of such affected groups in gender inclusive manner; avoid where feasible, or minimize and mitigate, adverse impacts upon them; and ensure that benefits intended for them are culturally appropriate.
8.    Screening.  Where Borrower legislation affords special status to groups with the characteristics referred to in paragraph five, or where there has already been a process in which the Bank and Borrower have agreed on the general identification of indigenous groups, this provides the starting point for determining whether the policy applies in a particular project context.  Additional investigations, including consultation with potentially affected groups and technical judgement by experts who know the social and cultural groups in the region, may be necessary in order to determine the applicability of the policy to such groups.
9.    Consultation and Participation.  To ensure meaningful consultation, the Borrower provides relevant information to indigenous groups affected by Bank-assisted projects, in a timely and culturally appropriate manner.  To facilitate such consultation, the Borrower:
(a)    establishes an appropriate framework for dialogue, including adequate gender and generational representation;
(b)    involves local representative indigenous organizations in discussion, as appropriate; and
(c)    uses culturally appropriate consultation methods which allow indigenous peoples to express their views and preferences.
The Borrower considers the views and preferences of indigenous peoples in deciding whether to proceed with the project and what additional measures, including modification of project design, are required to address adverse impacts and enhance project benefits.  The Bank reviews the Borrower's project proposal to ensure its consistency with this policy.
10.    Project Design.  Projects which may have adverse impacts and projects in which indigenous peoples are among the proposed beneficiaries both require informed participation and the development of measures to be incorporated into project design.  However, processing requirements differ.
(a)    In projects where adverse impacts are anticipated, the Borrower undertakes a social assessment in order to determine the nature and extent of impacts and the measures required to avoid, minimize or mitigate such impacts.  Based on this assessment, the Borrower prepares an Indigenous Peoples Plan (IPP) in consultation with the affected indigenous groups.  The content and level of detail of the IPP vary according to the specific characteristics of the project and the nature of impacts to be addressed.
(b)    In social sector projects such as education or health, or in community driven development or other poverty reduction projects where indigenous peoples are among the intended beneficiaries, the Borrower incorporates special measures, as needed, in the project's design, to ensure that such projects take into account their specific languages, cultural practices, religious beliefs and ways of life.  These measures are identified in consultation with indigenous peoples.
11.    Special Cases. In projects financed under sector investment loans, financial intermediary loans, and other Bank-assisted projects with multiple sub-projects which are anticipated to have impacts on indigenous peoples but where the nature of the impacts cannot be determined until the subprojects are prepared, the Bank requires a strategy to ensure that the requirements of this policy are met.  The project implementing agency screens each sub-project in accordance with the strategy to ensure consistency with the policy.
Lands and Resources
12.    The economies, identities and forms of social organization of indigenous peoples are often closely tied to land, water and other natural resources. Therefore, in Bank-assisted projects which affect indigenous peoples, the Borrower takes into account their individual and collective rights to use and develop the lands that they occupy, to continue to have access to natural resources vital to their subsistence, to the sustainability of their cultures, and to their future development
13.    In order to avoid or minimize adverse impacts of Bank-assisted projects on affected indigenous groups, and to determine measures which may be needed to enhance their security over lands and other resources, in the design of the project the Borrower gives particular attention to:
(a)    the cultural, religious and sacred values that these groups attribute to their lands and resources;
(b)    their individual and communal or collective rights to use and develop the lands they occupy and to be protected against encroachment;
(c)    their customary use of the natural resources vital to their cultures and ways of life; and
(d)    their natural resources management practices and the long-term sustainability of these practices.
Where a Bank-assisted project has an impact on the lands and resources occupied or used by indigenous peoples and taking into account the Borrower's legislation, consideration is given to establishing legal recognition of the customary or traditional land tenure systems of affected indigenous peoples or granting them long-term renewable rights of custodianship and use.
14.    Commercial Use of Lands and Resources.  When Bank-assisted projects involve the commercial exploitation of natural resources (including forests, mineral, and hydrocarbon resources) on lands owned, or customarily used by indigenous groups, the Borrower:
(a)    informs these groups of their rights to such resources under statutory and customary law;
(b)    informs them of the potential impacts of such projects on their livelihoods, environments and use of natural resources;
(c)    consults them at an early stage on the development of the project, and involves them in decisions which affect them; and
(d)    provides them with opportunities to derive benefits from the project.
As in all project which affect indigenous groups, adverse impacts upon them are avoided or minimized, and benefits should be culturally appropriate.
15.    Parks and Protected Areas.  In many countries, the lands set aside for legally designated parks and protected areas may overlap with lands and natural resources customarily owned or used by indigenous peoples.  The Bank recognizes both the significance of these customary rights and the need for long-term sustainable management of critical ecosystems.  For these reasons, where Bank-assisted projects introduce new arrangements in legally designated parks and protected areas to ensure that natural resources are not depleted, the Borrower introduces a process, acceptable to the Bank, to ensure the informed participation of those indigenous peoples with customary rights of use, in project design and implementation.  Preference is also given to collaborative arrangements that enable them to continue to use such resources in a sustainable manner and to maintain their ways of life.
16.    Cultural Resources.  When a Bank-assisted project envisions the commercial use of cultural resources of indigenous groups, including their knowledge, Bank policy requires that such groups agree to and derive benefits from the use of such resources.

II.  INDIGENOUS PEOPLES AND DEVELOPMENT

17.    To further the objectives of this policy, the Bank, in its policy dialogue with Borrowers, may encourage them to explore a broad spectrum of initiatives to make the development process more inclusive and to incorporate the views of indigenous peoples more fully in development programs and poverty reduction strategies.
18.    To support their poverty reduction agendas, Borrowers may consider freestanding projects, project components and other initiatives which are developed in consultation with indigenous peoples, and aimed at supporting their own development priorities.  Community driven development programs and locally managed social funds, for example, may be well adapted to the needs of indigenous peoples, especially when designed by government and indigenous organizations working together.
19.    In many sectors, Borrowers may provide indigenous peoples an opportunity to be more fully included in development benefits of its programs through measures such as the reform of sector policy frameworks, building the capacity of indigenous groups to participate on an informed basis in the development process, and to identify their special development needs and priorities through systematic consultation.
20.    At the Borrower's request, and where consistent with the Country Assistance Strategy, the Bank may provide technical assistance to:
(a)    assess Borrower policies, strategies, and legal frameworks relating to indigenous peoples and make recommendations to strengthen them;
(b)    prepare profiles of indigenous peoples and communities to document indigenous peoples' institutions, cultures, religious beliefs, gender relations and social organization, production systems and resource utilization patterns;
(c)    strengthen the capacity of indigenous people's organizations and communities to prepare, implement, and monitor and evaluate development programs;
(d)    strengthen the capacity of agencies responsible for providing development services to indigenous peoples; and
(e)    establish legal recognition of the customary or traditional land tenure systems of indigenous peoples, or grant long-term renewable rights of custodianship and use.
21.    The knowledge and cultures of indigenous peoples are resources vital to their survival and to sustainable development.  For these reasons, the Bank may provide assistance to the Borrower to enhance these resources, including through the strengthening of intellectual property rights.
22.     Finally, the Bank may provide assistance to encourage partnerships among the private sector, governments, and indigenous peoples to promote indigenous peoples' development programs, including  investments in various initiatives of indigenous groups and in capacity-building programs.