World Bank Environmental and Social Framework First Draft for Consultation July 30, 2014

Natural Justice submits that the World Bank's Draft Environmental and Social Framework (ESF) fails to align with modern human rights standards, specifically criticizing the 'opt-out clause' in ESS7. This clause allows borrowers to waive ESS7 protections for indigenous peoples if they claim identifying such groups would risk 'ethnic tension' or 'civil strife,' or if it conflicts with national constitutions. Natural Justice contends this nullifies essential protections like Free, Prior and Informed Consent (FPIC), promotes a regressive view of indigenous identity, and sets a dangerous precedent for other international financial institutions.

• The 'opt-out clause' in ESS7 paragraph 9 allows borrowers to request that the standard be waived entirely, enabling them to address project risks through other Environmental and Social Standards (ESSs) that lack specific protections for indigenous peoples.
• The opt-out clause undermines the principle of Free, Prior and Informed Consent (FPIC), an internationally accepted normative obligation for indigenous peoples' rights to self-determination and land.
• The clause promotes a regressive view by suggesting that recognizing indigenous peoples can exacerbate 'ethnic tension' or 'civil strife,' a claim Natural Justice argues is refuted by the African Commission on Human and Peoples' Rights (ACHPR).
• The Draft ESF allows national law to prevail over ESS7 if the identification of culturally distinct groups is inconsistent with a national constitution, which Natural Justice argues provides a mechanism for governments to continue violating indigenous rights.
• The World Bank's policies influence other international financial institutions, meaning the inclusion of the opt-out clause could set a global precedent that undoes decades of progress in indigenous rights recognition.

APA

Natural Justice (2015). World Bank Environmental and Social Framework First Draft for Consultation July 30, 2014. https://naturaljustice.org/wp-content/uploads/2015/03/Submission-World-Bank-Framework.pdf

Chicago

Natural Justice. World Bank Environmental and Social Framework First Draft for Consultation July 30, 2014. 2015. https://naturaljustice.org/wp-content/uploads/2015/03/Submission-World-Bank-Framework.pdf.

Wikipedia

{{cite press release |author=Natural Justice |title=World Bank Environmental and Social Framework First Draft for Consultation July 30, 2014 |date=1 March 2015 |url=https://naturaljustice.org/wp-content/uploads/2015/03/Submission-World-Bank-Framework.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@misc{naturaljustice2015world, author = {{Natural Justice}}, title = {{World Bank Environmental and Social Framework First Draft for Consultation July 30, 2014}}, publisher = {Natural Justice}, year = {2015}, month = mar, url = {https://naturaljustice.org/wp-content/uploads/2015/03/Submission-World-Bank-Framework.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }