Input to IFC Sustainability and Performance Standards Review, Phase 3

Source: 

Cathal Doyle, Middlesex University Department of Law

Suggestions aimed at clarifying language in IFC Performance Standard 7, Sustainability and Access to Information Policies and Guidance Note 7
to facilitate the effective implementation of the requirement to obtain Indigenous Peoples’ Free, Prior and Informed Consent

Contents
A. Document overview:
B. Summary of proposed textual modifications and additions.
C. Language clarity modifications to Performance Standard 7
D. Language clarity modifications to Sustainability Policy
E. Language clarity modifications to Access to Information Policy
F. Language clarity modifications to Guidance Note 7
G. Clarificatory additions to Performance Standard 7 (PS7) or Guidance Note 7 (GN7)
H. Questions regarding other potential implementation gaps
Appendix 1: Rationale for language modifications to Performance Standard 7
Appendix 2: Rationale for language modifications to Guidance Note 7
Appendix 3 – Rationale for proposed additions to PS 7 and / or GN 7

Document overview

This document proposes language modifications to the IFC’s Performance Standard 7, Access to Information Policy, Sustainability Policy and Guidance Note 7 as part of Phase 3 of the IFC’s review process. These modifications are considered necessary to ensure sufficient clarity for implementation of the FPIC requirement outlined in Performance Standard 7.

Section B provides a summary of the proposed modifications to the text of each document. Sections C to G provide the rationale for these proposed changes and are structured in line with the request of the Director of the IFC’s Environmental, Social and Governance department at the Paris February 23rd consultation that, for each area where a language change is proposed the following information be provided: Para No: a) The text where there is potential lack of clarity; b) The risk associated with this lack of clarity; c) Suggested text on how to address this. Where considered relevant additional rationale for these proposed modifications is provided in Appendices.

Section H raises some additional questions that go beyond the issue of FPIC, which were also raised during the Paris consultation, around which clarificatory guidance is also necessary to ensure implementation effectiveness.

Download the Word docmuent (120Kbs) here.

Date of publication: 
25 February 2011
AttachmentSize
Language modifications for FPIC implementation clarity Doyle 01 03 11.doc121.5 KB