OromianEconomist

( FEBRUARY 23, 2015, Washington, DC) – The World Bank should fully address serious human rights issues raised by the bank’s internal investigation into a project in Ethiopia, Human Rights Watch said in a letter to the bank’s vice president for Africa. The bank’s response to the investigation findings attempts to distance the bank from the many problems confirmed by the investigation and should be revised. The World Bank board of directors is to consider the investigation report and management’s response, which includes an Action Plan, on February 26, 2015.

The Inspection Panel, the World Bank’s independent accountability mechanism, found that the bank violated its own policies in Ethiopia. The investigation was prompted by a formal complaint brought by refugees from Ethiopia’s Gambella region concerning the Promoting Basic Services (PBS) projects funded by the World Bank, the United Kingdom’s Department for International Development (DFID), the African Development Bank, and several other donors.

“The Inspection Panel’s report shows that the World Bank has largely ignored human rights risks evident in its projects in Ethiopia,” said Jessica Evans, senior international financial institutions researcher at Human Rights Watch. “The bank has the opportunity and responsibility to adjust course on its Ethiopia programming and provide redress to those who were harmed. But management’s Action Plan achieves neither of these goals.”

The report, leaked to the media in January, determinedthat “there is an operational link” between the World Bank projects in Ethiopia and a government relocation program known as “villagization.” It concluded that the bank had violated its policy that is intended to protect indigenous peoples’ rights. It also found that the bank “did not carry out the required full risk analysis, nor were its mitigation measures adequate to manage the concurrent rollout of the villagisation programme.” These findings should prompt the World Bank and other donors to take all necessary measures to prevent and address links between its programs and abusive government initiatives, Human Rights Watch said.

Rather than taking on these important findings and applying lessons learned, World Bank management has drafted an Action Plan that merely reinforces its problematic current course, Human Rights Watch said. The Action Plan emphasizes the role of programs designed to mobilize communities to engage in local government’s decisions without addressing the significant risks people take in speaking critically.

The Inspection Panel also found that the bank did not take the necessary steps to mitigate the risk presented by Ethiopia’s 2009 law on civil society organizations. The law prohibits human rights organizations in Ethiopia from receiving more than 10 percent of their funding from foreign sources. As a result of the law, most independent Ethiopian civil society organizations working on human rights issues have had to discontinue their work.

The plan also pledges to enhance the capacity of local government staff to comply with the bank’s policies and to provide complaint resolution mechanisms without addressing the role of the local government in human rights abuses. This continues an approach of seeing the officials implicated in human rights abuses as a source of potential resolution, Human Rights Watch said. Management has also concluded, contrary to the Inspection Panel, that the World Bank is adequately complying with the bank’s policy to protect the rights of indigenous peoples.

Human Rights Watch research into the first year of the villagization program in the western Gambella region found that people were forced to move into the government’s new villages. Human Rights Watch found that the relocation was accompanied by serious abuses, including intimidation, assaults, and arbitrary arrests by security officials, and contributed to the loss of livelihoods for the people forced to move. While the Ethiopian government has officially finished its villagization program in Gambella, it is forcibly evicting communities in other regions, including indigenous people, ostensibly for development projects such as large-scale agriculture projects.

Donors to the Ethiopia Promoting Basic Services Program, including the World Bank and the UK, have repeatedly denied any link between their programs and problematic government programs like villagization.

Human Rights Watch has long raised concerns over inadequate monitoring and the risks of misuse of development assistance in Ethiopia. In 2010 Human Rights Watch documented the government’s use of donor-supported resources and aid to consolidate the power of the ruling Ethiopian People’s Revolutionary Democratic Front (EPRDF). Government officials discriminated on the basis of real and perceived political opinion in distributing resources, including access to donor-supported programs, salaries, and training opportunities. Donors have never systematically investigated these risks to their programming, much less addressed them.

The Inspection Panel report is the first donor mechanism that has investigated the donor’s approach to risk assessment in Ethiopia. Although the Inspection Panel adopted a narrow view of its mandate and decided explicitly to exclude human rights violations, its findings underscore the need for donors to considerably enhance and broaden their risk assessment processes in Ethiopia. These processes are crucial for ensuring that their programs advance the social and economic rights of the people they are intended to benefit, without violating their human rights. Management’s response misrepresents the panel’s view of its mandate, erroneously concurring “with the panel’s conclusion that the harm alleged in the Request cannot be attributed to the Project” – the Inspection Panel report makes no such sweeping conclusion.

“The bank directors should send management’s response and Action Plan back and insist on a plan that addresses the Inspection Panel’s findings and the concerns of the people who sought the inquiry,” Evans said. “A meaningful Action Plan should address the program in question, bank-lending in Ethiopia more broadly, and how to apply lessons from these mistakes to all bank programing in high-risk, repressive environments around the world.”

The Action Plan should include provisions for high-level dialogue between the bank and the Ethiopian government to address key human rights issues that are obstacles to effective development, Human Rights Watch said. These issues include forced evictions and development-related displacement, restrictions on civil society, including attacks on independent groups and journalists, discriminatory practices, and violations ofindigenous peoples’ rights.

The plan should include provisions for identifying and mitigating all human rights risks and adverse impacts at the project level, and for independent monitoring to make sure these concerns are fully addressed. The plan should also include provisions for people affected by projects to be involved in projects from their conception and remedies for people negatively affected by bank projects.

Given the climate of fear and repression in Ethiopia, Gambella residents who brought the complaint to the bank and have taken refuge in South Sudan and Kenya are unlikely to feel safe returning home. In light of this, the Action Plan should address their most urgent needs abroad, including education and livelihood opportunities, Human Rights Watch said.

The Inspection Panel’s findings also have wider implications for donor programming in Ethiopia. Donors’ current appraisal methods do not consider human rights and other risks from their programs. The panel highlighted particular problems with budget support or block grants that cannot be tracked at the local level.

“The Inspection Panel report illustrates the perils of unaccountable budget support in Ethiopia,” Evans said. “Donors should implement programs that ensure that Ethiopia’s neediest participate in and have access to the benefits of donor aid.”

http://www.hrw.org/news/2015/02/23/world-bank-address-ethiopia-findings

 

Letter to World Bank Vice President for Africa Re. PBS (II-AF) and PBS (III) Ethiopia Action Plan

FEBRUARY 23, 2015

Dear Vice President Diop,

As you are aware, Human Rights Watch has researched and documented human rights violations that the government of Ethiopia has committed in the course of its “villagization” program in both Gambella and in the Lower Omo valley. We have also reported on the links between villagization and the various iterations of the World Bank’s Promoting/ Protection of Basic Services projects. With this in mind, I write to you as your staff are working to prepare an action plan responding to the Inspection Panel’s findings of non-compliance in its Ethiopia investigation.

We urge you to ensure that World Bank management responds to the Inspection Panel findings comprehensively in its action plan. Human Rights Watch has been profoundly disappointed by the lack of constructive engagement of World Bank management on the problems of villagization in Ethiopia and its unwillingness to work to address a range of human rights risks in its programming. The concerns raised in the Investigation Panel’s report are an opportunity to adjust management’s course on its Ethiopia programming and address these issues.

We believe the Action Plan should include a commitment to:

1.    Enhance Management’s High Level Dialogue with the Ethiopian Government

Whenever World Bank staff, particularly you or President Kim, meet with the Ethiopian government, we urge you to raise the continuing negative impact that several Ethiopian government policies and practices are having on development efforts.

First, forced evictions and development-related displacement continues to have serious negative effects on communities in various parts of the country, well beyond Gambella. While the government has officially finished its villagization program, it continues to forcibly evict people, including indigenous peoples, from their land ostensibly for development projects, including large-scale agriculture, including for sugar plantation development in the Lower Omo Valley. Bank staff should work with other donors to highlight problems with ongoing practices, as well as pointing to key standards (which should include the UN Basic Principles and Guidelines on Development-based Evictions and Displacement, and standards and jurisprudence of the African regional human rights institutions). While we recognize bank management has discussed some concerns about villagization before and supported the development of standards for involuntary resettlement, relying on the Bank’s safeguards, dialogue needs to recognize the problems with the existing practices and advise on how to address them.

Second, it is crucial that the Bank asserts the importance of civic participation and social accountability for effective development. This means consistently raising concerns, and urging reforms of the Ethiopian government’s Charities and Societies Proclamation and Anti-Terrorism Proclamation, which have had such a devastating impact on the ability of Ethiopians to exercise their rights to freedom of expression, association and assembly. It is also crucial that the Bank and other donors press the Ethiopian government to reverse the practices of arbitrary arrest and detention, and politically motivated prosecutions of independent journalists, activists, and opposition party members including media reporting on problematic “development” initiatives. Independent nongovernmental organizations and media are essential for accountability, and these repressive policies undermine both civic participation and social accountability.

Third, you should raise concerns over discriminatory practices in the country, both on the basis of ethnic background and political opinion. President Kim has spoken passionately about the scourge of discrimination. This should translate into a dialogue with the government not only about how discrimination is wrong, but how it undermines development. Human Rights Watch and others have documented discriminatory practices against individuals not supporting the ruling party in the distribution of the benefits of development, including access to agricultural inputs like seeds and fertilizers, micro-credit loans and job opportunities. In this context, bank management should highlight these ongoing discriminatory practices, including against those who do not support the ruling party and against indigenous groups in areas where villagization occurred including Gambella and the Lower Omo valley.

Finally, it is essential that Ethiopia respect and protect the rights of indigenous peoples. You may want to consider the work of the African Commission on Human and Peoples’ Rights, which has on several occasions discussed indigenous rights within the African context. The African Commission’s Working Group on Indigenous Populations/ Communities has suggested that, in determining whether groups fall within the definition of indigenous peoples, the:

focus should be on … self-definition as indigenous and distinctly different from other groups within a state; on a special attachment to and use of their traditional land whereby their ancestral land and territory has a fundamental importance for their collective physical and cultural survival as peoples; on an experience of subjugation, marginalization, dispossession, exclusion or discrimination because these people have different cultures, ways of life or modes of production than the national hegemonic and dominant model.

The Commission has helpfully addressed common misconceptions regarding indigenous peoples in Africa, paraphrased in attachment 1.

2.    Address Risks at the Project Level

The report of the Inspection Panel shows that the World Bank needs to have systems in place to analyze and avoid or mitigate the above and other human rights risks linked to its projects in Ethiopia. The Bank should acknowledge that the repressive environment in Ethiopia requires an entirely different approach to participation and social accountability. It should work with other donors to develop creative methods for participation that avoid risks of reprisals against those who express dissent and to encourage fearful individuals to use mechanisms and institutions that ensure participation and accountability, free of intimidation and fear. In recognition of the difficulties of ensuring participation and effective, secure avenues for accountability, the Bank should routinely identify security risks for project-affected persons including the risk of reprisal if individuals criticize a project or oppose resettlement.

Considering the high-risk environment, World Bank management should explicitly report to the board on how it has analyzed and addressed all risks of social and human rights impacts in each project in Ethiopia at least annually. Such a report should outline how management has addressed security risks, risks of all forms of discrimination, potential obstacles to participation and accountability, and risks related to land rights or forced evictions, as well as any other potential adverse social or human rights impact.

The World Bank should also ensure that it comprehensively complies with its Indigenous Peoples’ policy in all projects in which indigenous peoples stand to be impacted, directly or indirectly. Compliance needs to go beyond consulting with indigenous peoples in the course of undertaking a social impact assessment, and instead involve comprehensive participation of indigenous peoples in all bank-projects that affect them beginning at the project proposal stage and throughout the entire project cycle. The World Bank should only proceed with projects that affect indigenous peoples with their free, prior, and informed consent as provided by international law.

Furthermore, the bank should require independent third party monitoring and independent grievance redress mechanisms for all of its projects in Ethiopia. Until the environment for independent organizations, including nongovernmental organizations and the media, improves substantially, there is little opportunity for individuals to report problems with World Bank projects. Many of the existing grievance redress mechanisms lack independence from the government or, equally important, are perceived to lack independence.

While the bank has championed its “social accountability mechanisms” in Ethiopia, we question the effectiveness of these mechanisms within the current repressive environment. Statements from the requesters indicate that they would never utilize such mechanisms because of government involvement, and the Bank should heed these concerns. Unfortunately, to date, the bank does not appear to have addressed the question of how these mechanisms can be effective within the current repressive environment. The World Bank needs to find alternative, effective mechanisms to supervise its projects and permit people to safely complain about grievances.

Finally, in accordance with the World Bank’s commitment to and expertise regarding fiscal transparency and accountability, management should only support projects for which funds can be tracked. Tracking the funding is necessary for tracking the full impacts of a World Bank-financed project. It is also particularly relevant considering the bank’s decision not to provide direct budget support to Ethiopia because of the high-risk environment. The Inspection Panel pointed to the challenge of tracking PBS’ financing, in particular, because the government did not share key financial information. This is immensely problematic and should be promptly remedied.

3.    Provide the Requesters with a Remedy

The requesters have proposed measures to remedy the problems they highlighted in their complaint and a strong Action Plan is needed to address these concerns, which Human Rights Watch supports. I attach their letter for ease of reference.

The Action Plan should provide effective development and much-needed basic services to the people of Gambella, free of the requirement to be supportive of the ruling party. As indigenous people, the requesters should be partners in the World Bank’s development initiatives, which includes the right to be meaningfully consulted and for development projects to only go forward with their consent, free of any intimidation.

Given the climate of fear and repression that exists in Ethiopia, it is unlikely that many requesters will feel safe to return home to Gambella. In light of this, the Action Plan should address some of the most urgent needs of the requesters in the refugee communities including the lack of education and livelihood opportunities.

Finally, we urge the World Bank management to present the final Action Plan to the requesters in person in Kenya and South Sudan, comprehensively explaining it and responding to the requestors’ letter.

Thank you for considering our recommendations. I would be most happy to discuss them with you or your staff further. I look forward to your response.

Jessica Evans

Senior Advocate on International Financial Institutions

Business and Human Rights Division

Human Rights Watch

Letter to World Bank Vice President for Africa Re. PBS (II-AF) and PBS (III) Ethiopia Action Plan

http://www.hrw.org/node/132912