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Columbia Law School

Columbia Center on Sustainable Investment Staff Publications

Land Use Law

2017

ESS5

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Comments On The World Bank’S Draft Guidance Note For Borrowers Ess5: Land Acquisition, Restrictions On Land Use And Involuntary Resettlement, Columbia Center On Sustainable Investment Dec 2017

Comments On The World Bank’S Draft Guidance Note For Borrowers Ess5: Land Acquisition, Restrictions On Land Use And Involuntary Resettlement, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

In December 2017, CCSI sent comments to the World Bank regarding its Draft Guidance Note for Borrowers ESS5: Land Acquisition, Restrictions on Land Use and Involuntary Resettlement.

CCSI’s overarching comments on the Guidance Note were that:

  • Its description of affected persons and their rights contradicts and undermines international consensus on land governance supported by the Bank
  • It fails to provide any guidance on when involuntary resettlement should be considered unavoidable or how Borrowers can prioritize project designs that actually minimize displacement or other harms
  • It fails to put rights-holders (or “affected stakeholders”) at the center of solutions
  • Its discussion of …