The Permanent Forum commends the inclusion by the European Bank for Reconstruction and Development of free, prior and informed consent in its policy on indigenous peoples, and strongly urges other multilateral and bilateral financial institutions to follow this example. In particular, the Forum calls upon the Asian Development Bank to ensure that free, prior and informed consent and the provisions of the United Nations Declaration on the Rights of Indigenous Peoples are integrated into its revised policy on indigenous peoples. It also calls upon the World Bank and the International Finance Corporation to review their policies and adopt free, prior and informed consent as the central principle in their dealings with indigenous peoples instead of the present free, prior, informed consultation. The international financial institutions should develop a strategy to raise staff awareness at the national and headquarters levels on indigenous peoples’ rights and development perspectives and thereby improve their relationships with indigenous peoples at the country level.
Response from ADB, 2010:
In July 2009 ADB's Board of Directors approved the Safeguard Policy Statement (SPS) which provides environmental and social safeguards in ADB financed and administered projects. The SPS aims to avoid, minimize, or mitigate harmful environmental impacts, social costs, and to help borrowers and clients strengthen their safeguard systems. The SPS builds upon ADB's previous safeguard policies on the environment, involuntary resettlement, and Indigenous Peoples, and brings them into one single policy with enhanced consistency and coherence, and that more comprehensively addresses environmental and social impacts and risks. The SPS also provides a platform for participation by affected people and other stakeholders in project design and implementation. The SPS applies to all ADB-financed and/or ADB-administered projects and their components, regardless of the source of financing, including investment projects funded by a loan; and/or a grant; and/or other means, such as equity and/or guarantees. ADB works with borrowers/clients to put into practice the requirements of SPS. The SPS took effect on 20 January 2010.
Specific to Indigenous Peoples safeguards, the SPS promotes nine (9) key policy principles for safeguarding Indigenous Peoples communities. It also elaborates on seven (7) general Indigenous Peoples safeguard requirements which are applicable to all standard ADB projects affecting Indigenous Peoples. It includes three (3) special requirements relating to (i) respect and recognition of Indigenous Peoples rights to customary lands, (ii) ascertaining consent of Indigenous Peoples communities for three types of project activities that affect them, and (iii) provision of capacity development for Indigenous Peoples development.
For a more detailed response see the ADB submission to the Forum at its Ninth Session, available on the UNPFII Ninth Session web page.