Panel Mandate and Procedures
The Panel was officially created by two resolutions of the International Bank for Reconstruction and Development (IBRD) and the International Development Agency (IDA) on September 22, 1993 (Resolution IBRD 93–10 and Resolution IDA 93–6). It is referred to collectively as “the Resolution” because of their identical content. The Resolution specifies that the Panel has jurisdiction with respect to operations supported by the IBRD and the IDA.
The Resolution establishes the basic mandate and structure of the Panel. At its core, and in response to Requests for Inspection from affected people, the Panel has the power to carry out independent investigations of Bank-financed projects to determine whether the Bank is in compliance with its operational policies and procedures, and to make related findings of harm. The Panel reports its findings to the Bank’s Board of Executive Directors. Bank management is required to prepare a response with recommendations and actions to address the Panel’s findings of non-compliance and harm. The Board of Executive Directors considers both the Panel’s findings and management’s response and decides future actions. In 1996 and 1999 Clarifications were added to the Resolution.
The Panel adopted the updated Operating Procedures in April 2014. These updated procedures, including the introduction of a new pilot approach to support early solutions, aim to make the Panel more accessible, user-friendly, and effective in responding to grievances and concerns raised by project affected people, while staying within the ambit of the Panel's governing framework. Please find the updated Operating Procedures here.
The Updating Process
The original Operating Procedures date back to the establishment of the Panel in 1994, and needed to be updated to reflect, among other things, two sets of Clarifications to the Panel Resolution (in 1996 and 1999) and the Panel's practice and experience over the years.The Resolution Establishing the Panel and its subsequent Clarifications are the framework establishing the Panel's mandate.
As part of this review, the Panel embarked on a targeted consultation process to create opportunities for dialogue with stakeholders who are interested in the Panel’s work and issues of public accountability of international financial institutions. This process included the Board of Directors and Management at the World Bank, and various external stakeholders such as former requesters, civil society organizations, representatives of other international accountability mechanisms, members of the academic community, former Panel members, and technical experts who have worked on Panel investigations.
The objective of this consultation process was to help identify areas where the Panel has the opportunity to enhance the effectiveness and efficiency of its operational work. One important goal is to make the Panel process more simple, user-friendly and accessible. While the targeted discussions and consultations have provided many valuable comments on the Panel process in general, it is important to note that this was an update of the Panel Operating Procedures only - within the ambit of the Panel's governing framework - and not a total review of its process.
The update process was led by the Inspection Panel and coordinated by the Panel Secretariat, involving the following key steps described below:
Phase I: Internal analysis of the existing Inspection Panel framework, and targeted discussions on the Panel process with external and internal stakeholders (completed: June - December 2011)
Phase II: Drafting, additional consultations and comment period, and finalization of the updated Operating Procedures (completed: April 2014)
Internal analysis of the existing Inspection Panel framework (completed). The Panel carried out an analysis of its existing legal framework, to better understand the basis and boundaries for the update of the Operating Procedures. This provided an important point of reference for its consideration of an initial list of areas for targeted discussions, including:
- Improving public awareness of the Panel’s availability as an accountability and recourse mechanism
- Supporting due diligence at the registration phase of the Panel process
- Supporting clarity of information in the eligibility phase of the process
- Speeding up investigations
- Improving transparency and involvement of Requesters in the process
- Promoting appropriate and effective interactions with the Board, Governments, Requesters and -Management throughout the Panel process
- Fact-finding in follow-up to the process (if requested by the Board)
- Promoting corporate learning as a result of Panel investigations and work.
Targeted discussions on the Panel process with internal and external stakeholders, June – December 2011 (completed). To facilitate and assist in these discussions, the Panel hired two consultants with expertise in the issues of accountability. The Panel, in turn, coordinated the dialogue with the Board of Directors, and has engaged in dialogue and discussions with Bank Management.
The Panel’s two consultants, Ms. Lori Udall and Ms. Jean Aden engaged in extensive meetings and discussions with the respective stakeholders and provided opportunities for dialogue and inputs to enhance and improve the Panel process and procedures. Both consultants have reported to the Panel on the full range of comments, ideas and inputs received.
Below are their summary report and the matrixes of comments they have received.
- Summary of Targeted Discussions with External Stakeholders
- Comments from former Requesters
- Comments from Civil Society Organizations
- Comments from former Panel Experts
- Comments from former Panel Members
- Comments from Independent Accountability Mechanism
- Summary of Targeted Discussions with Bank Management
- Comments from Senior Bank Management
- Comments from Bank Staff
Drafting, additional consultations and finalization of the updated Operating Procedures (by March 2014). The Panel has developed a revised Draft Updated Operating Procedures, taking into account inputs from the targeted discussions. A new pilot called "Piloting a New Approach to Support Early Solutions in the Inspection Panel Process" is annexed to the draft.
This draft was presented for public comments during the 60-day period, from November 14, 2013 to January 15, 2014.
Defining the Boundaries of a Project: Where Does Bank Accountability Stop? Lessons from Inspection Panel Cases and Beyond. Presentation at the WB/IMF Spring Meetings Civil Society Forum, April 18, 2013.
Lessons from Panel Cases: Inspection Panel Perspectives. Presentation at the Boards' Committee on Development Effectiveness (CODE), October 22, 2012.
What We Do and How our Work Relates to Human Rights. Presentation at OPCS - Nordic Trust Fund, June 7, 2012.
The Issue of Consultation and Participation in Inspection Panel Cases. Presentation at the WB/IMF Spring Meetings Civil Society Forum, April 18, 2012.
Inspection Panel Observations on Program for Results (P4R), November 2011.
Inspection Panel Comments on Second Draft ESF, August 10, 2015.