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38-Investigation Report (English) 1 Report No. 39933-HN Investigation Report Honduras: Land Administration Project (IDA Credit 3858-HO) June 12, 2007 About the Panel The Inspection Panel was created in September 1993 by the Board of Executive Directors of the World Bank to serve as an independent mechanism to ensure accountability in Bank operations with respect to its policies and procedures. The Inspection Panel is an instrument for groups of two or more private citizens who believe that they or their interests have been or could be harmed by Bank-financed activities to present their concerns through a Request for Inspection. In short, the Panel provides a link between the Bank and the people who are likely to be affected by the projects it finances. Members of the Panel are selected “on the basis of their ability to deal thoroughly and fairly with the request brought to them, their integrity and their independence from the Bank’s Management, and their exposure to developmental issues and to living conditions in developing countries.”1 The three-member Panel is empowered, subject to Board approval, to investigate problems that are alleged to have arisen as a result of the Bank having ignored its own operating policies and procedures. Processing Requests After the Panel receives a Request for Inspection it is processed as follows: • The Panel decides whether the Request is prima facie not barred from Panel consideration. • The Panel registers the Request—a purely administrative procedure. • The Panel sends the Request to Bank Management, which has 21 working days to respond to the allegations of the Requesters. • The Panel then conducts a short 21 working-day assessment to determine the eligibility of the Requesters and the Request. • If the Panel recommends an investigation, and the Board approves it, the Panel undertakes a full investigation, which is not time-bound. • If the Panel does not recommend an investigation, the Board of Executive Directors may still instruct the Panel to conduct an investigation if warranted. • Three days after the Board decides on whether or not an investigation should be carried out, the Panel’s Report (including the Request for Inspection and Management’s Response) is publicly available through the Panel’s website and Secretariat, the Bank’s Info Shop and the respective Bank Country Office. 1 IBRD Resolution No. 93-10; IDA Resolution No. 93-6. ii • When the Panel completes an investigation, it sends its findings and conclusions on the matters alleged in the Request for Inspection to the Board as well as to Bank Management. • The Bank Management then has six weeks to submit its recommendations to the Board on what actions the Bank would take in response to the Panel’s findings and conclusions. • The Board then takes the final decision on what should be done based on the Panel's findings and the Bank Management's recommendations. • Three days after the Board’s decision, the Panel’s Report and Management’s Recommendation are publicly available through the Panel’s website and Secretariat, the Bank’s Project website, the Bank’s Info Shop and the respective Bank Country Office. iii Acknowledgments The preparation of this Report would not have been possible without the support and valuable contributions of many people and organizations. The Panel wishes to thank the Requesters and the communities who met with the Panel in the Project areas. The Panel especially expresses its appreciation to the representatives of the Requesters for arranging visits with affected people and for showing the Panel areas of concern to them. The Panel also wishes to thank local NGOs and other people and organizations with whom the Panel met, including the members of the Centro Legale Pro-Afrodiscendenti e Indigeni (CLAI) who assisted the Requesters in their submission to the Panel. The Panel expresses its appreciation to the many national and local Government officials in Honduras with whom the Panel met. They provided valuable insights and information. The Panel is also grateful to the Executive Director’s office for Honduras for their assistance. The Panel also wishes to extend its gratitude to World Bank Staff in Washington D.C. and in the Tegucigalpa office. The Panel thanks Bank Management and Staff for their assistance in obtaining documents, for providing the Panel with information, for responding promptly to written requests and for assisting with logistical arrangements. The Panel is grateful for the expert advice provided by Dr. Nancie Gonzalez, an anthropologist who is an internationally recognized expert on the history, life and culture of the Garífuna people, and by Dr. Edmund T. Gordon, Director of the Center for African and African American Studies in the College of Liberal Arts at the University of Texas Austin and member of the Caribbean Central American Research Council, who provided important information about the land rights issues the Garífuna people are facing today. The Panel also wishes to thank Mr. Joseph Berra, member of the Caribbean Central American Research Council, for information he provided with respect to the legal issues surrounding this investigation, and Ms. Phyllis Cayetano for the valuable assistance and insights she provided to the Panel during its visit to the Project area. The Panel also wishes to thank all the distinguished experts with whom the Panel met in Honduras. The Panel appreciates the professionalism exhibited by them at all times. Finally, the Panel wishes to convey its gratitude and appreciation to the members of its Secretariat for their resourceful handling of this investigation, particularly to Eduardo Abbott, Peter Lallas, and Tatiana Tassoni for their expertise and professional assistance. iv Table of Contents ABOUT THE PANEL................................................................................................................... ii ACKNOWLEDGMENTS............................................................................................................ iv TABLE OF CONTENTS.............................................................................................................. v ABBREVIATIONS .................................................................................................................... viii EXECUTIVE SUMMARY.......................................................................................................... ix CHAPTER I: INTRODUCTION................................................................................................. 1 A. EVENTS LEADING TO THE INVESTIGATION ................................................................................. 1 1. The Request ................................................................................................................... 1 2. Management Response .................................................................................................. 4 3. Eligibility of the Request ............................................................................................... 7 4. The Investigation............................................................................................................ 8 5. Bank Operational Policies and Procedures Applicable to the Project ........................... 9 B. THE PROJECT............................................................................................................................... 9 C. THE PROJECT IN RELATION TO THE GARÍFUNA PEOPLE ........................................................... 13 D. RECENT DEVELOPMENTS.......................................................................................................... 14 CHAPTER II: THE GARIFUNA PEOPLE AND COLLECTIVE TITLES......................... 16 A. BRIEF HISTORY OF THE GARÍFUNA PEOPLE.............................................................................. 16 1. Origins.......................................................................................................................... 16 2. The Garífuna People Today ......................................................................................... 18 3. Garífuna Land Use Patterns ......................................................................................... 20 B. ISSUES OF COLLECTIVE TITLES TO LAND ............................................................................... 27 1. General Situation regarding Land Issues ..................................................................... 27 2. Historical Land Claims of Garífuna, and Land Loss ................................................... 28 3. Land Titles Granted to Garífuna .................................................................................. 30 C. GOVERNANCE AND REPRESENTATION...................................................................................... 33 1. Garífuna Organizations................................................................................................ 33 2. Garífuna Governance at Communal Level .................................................................. 36 CHAPTER III: CONSULTATION, REPRESENTATION AND PARTICIPATION OF THE GARIFUNA PEOPLE ....................................................................................................... 37 A. RELEVANT POLICY PROVISIONS ............................................................................................. 38 B. CONSULTATION AND REPRESENTATION DURING PROJECT PREPARATION ............................. 38 1. Consultation and Preparation of the IPDP ................................................................... 38 2. Differing
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