This case pertained to the West Africa Coastal Areas (WACA) Project activities in Togo only and covered two of its subprojects—the Combined Coastal Protection Works (consisting of the rehabilitation of existing groynes and the construction of new ones) and the Emergency Protection Measures (consisting of the construction of concrete-pipe walls in six locations).
THE REQUEST
The Request for Inspection was submitted on August 4, 2021, by two community members living in the Project area on the coast of Togo. On August 27, 2021, the Panel received additional signatures from another Togo resident and 27 project-affected persons (PAPs) living in nine Togolese villages, and from a community-based organization, authorizing the Requesters to represent them. The Requesters asked the Panel to keep their identities confidential.
The Requesters alleged that the Project would adversely affect fishers, residents, and property owners along the Togolese coast. They claimed: (i) that they were under threat of eviction due to the Project, (ii) that Project activities had reduced the beach area available for use by the fishing communities, which affected their livelihoods, (iii) that they were concerned about planned involuntary resettlement and associated valuation, compensation, and relocation sites, (iv) that PAPs had received neither adequate nor timely Project information and had not been meaningfully consulted about Project activities, and (v) that alternatives to the physical aspects of the Project had not been fully analyzed.
The Panel registered the Request on September 7, 2021, and Management submitted its Response on October 7, 2021.
MANAGEMENT RESPONSE
Management’s Response, dated October 7, 2021, stated that one of the Requesters’ issues mainly concerned Government interventions unrelated to the Project. It also stated that the Bank had followed the policies and procedures applicable to the matters raised in the Request. Management noted that a site-specific Resettlement Action Plan (RAP) was being prepared to cover impacts directly related to the construction of groynes and the safety zones around them. Management also clarified that a final version of the RAP would undergo Bank review and would require a no-objection before being considered ready for implementation. In its Response, Management committed to time-specific and measurable actions to address the concerns raised in the Request.
Management’s Update on the implementation of these actions, dated April 19, 2022, stated it intensified support for the Combined Works, specifically on the finalization of the RAP and the Environmental and Social Impact Assessment (ESIA), and provided updates on four of the actions it had committed to in its Response concerning the Emergency Works.
PANEL RECOMMENDATION/BOARD APPROVAL/REFERRAL TO DISPUTE RESOLUTION
A Panel team visited Togo in October 2021 and met with Government officials, local authorities and representatives, and the Requesters. On November 8, 2021, the Panel submitted its first Report and Recommendation. The Panel recognized that the Project was welcomed by the different stakeholders, including the Requesters, who understood the importance of addressing the immediate threat of their eroding coastline.
The Panel determined that the Request for Inspection met the technical eligibility criteria set forth in the Panel Resolution—with the exception of the allegations regarding evictions, which the Panel determined were not linked to the Project. The Panel considered the alleged harm for the remaining issues to be plausibly linked to the Project, and that the Request raised serious issues of alleged harm and potential policy non-compliance. Furthermore, the Panel noted that Management had committed to actions to improve Project implementation, including the review and clearance of the RAP. The Panel observed that the remedial actions Management had committed to were defined, measurable, and timebound. The Panel therefore decided to defer its recommendation as to whether an investigation was warranted until Management had had sufficient time to address the issues raised by the Requesters. The Panel indicated that it would reassess the situation in light of Management’s actions and would inform the Board of its recommendation within six months. The Board approved the Panel’s deferral recommendation on November 22, 2021.
On April 19, 2022, Management provided an update on its actions and reported increased implementation support for the Project, with specific attention to the finalization of the RAP and the ESIA. Management stated that the December 2021 RAP was finalized and had been disclosed in Togo on February 4, 2022, and that the ESIA was finalized and disclosed on February 17, 2022. Management provided updates on four actions concerning the emergency protection works: (i) the preparation of the Social Audit, which Management shared with the Panel in May 2022, (ii) a summary of the impact on boat landings near the works, (iii) the implementation of the Local Action and Citizen Engagement initiative, and (iv) the ongoing information campaign.
A Panel team visited Togo in May 2022 and met with the Requesters, Government officials, and Project authorities to review and reassess the remedial actions committed to by Management. Based on its field observations, analysis of available documents, and discussions with stakeholders, on June 8, 2022, the Panel recommended to the Board an investigation of the claims related to the Project. In its Recommendation, the Panel acknowledged the positive steps taken by Management to address some of the concerns raised by the Requesters since the Panel’s first Report and Recommendation. The Panel also recognized the significance of this Project to Togo and its coastal communities. Based on its field observations, analysis of available documents, and discussions with various stakeholders, the Panel remained concerned about the Bank’s compliance with Environmental Assessment (OP/BP 4.01), Involuntary Resettlement (OP/BP 4.12), and Investment Project Financing (OP 10.00) and its related Directive. The Board approved the Panel’s Recommendation for an investigation on June 23, 2022.
As per the Inspection Panel and Accountability Mechanism Resolutions, following the Panel’s Recommendation, the AM Secretary offered the Parties the opportunity to pursue dispute resolution. On August 8, 2022, the AM Secretary informed the Board, the Panel, and Management that no agreement had been reached from the Requesters and the Borrower to enter dispute resolution.
PANEL INVESTIGATION
The Panel posted its Investigation Plan on its website on September 13, 2022, and commenced its Investigation, which was conducted in two parts. The Investigation was composed of three phases: (i) Investigation preparation and identification of expert consultants, (ii) review of documentation, staff interviews, and a field visit, and (iii) report drafting and finalization and involved a fact-finding visit to Togo with expert consultants from November 14–24, 2022. The Panel submitted its Investigation Report on April 20, 2023, and shared a copy with the Requesters so they could participate more effectively in the consultations on the Management Action Plan (MAP) that will respond to the Panel’s findings.
The Panel’s investigation, at its heart, dealt with concerns of the artisanal fishing communities in impacted by the Project. The Panel found that the Project’s insufficient understanding of artisanal fishing, its value chain and its specificities in particular beach seine fishing and the different demographics reliant on it caused many of the concerns raised in the Request. This lack of adequate understanding meant that the Project had not identified the full nature of the impact, and therefore did not have appropriate mitigation measures to address these impacts on the different groups.
The Panel’s investigation report, which included a contextual description of the Coastal Erosion and Fishing in Togo, covered compliance findings in relation to (i) the identification of environmental and social risks in project design in relation to both the Combined Coastal Protection Works and the Emergency Protection Works; (ii) involuntary resettlement impacts and livelihood restoration; (iii) the Project’s impact on fishing communities, especially those practicing beach seine fishing, a land-based fishing technic requiring the use of kilometers-long fishing nets; and, (iv) the Project’s supervision by Bank Management. The Panel’s report also includes a technical annex on the impact climate change-relate coastal erosion and flooding on the West African Coastal Barrier System.
Specifically, the Panel found that the Bank’s classification of the Emergency Works as Category C meant that essentially no social and environmental impact assessment was conducted, beyond the initial screening document, which in turn meant inadequate identification of impact and therefore lack of mitigation measures. The Panel also found that no consideration was made on decommissioning of the emergency pipe-walls, despite being considered a temporary solution.
The Panel found that the Project did take steps to minimize resettlement by reducing its footprint. However, it also found that Management did not ensure that the Project provided sufficient support to assist PAPs to improve their livelihoods and standards of living, or at least restore them.
BOARD DISCUSSION AND APPROVAL OF MANAGEMENT ACTION PLAN
On September 15, 2023, the World Bank Board of Executive Directors discussed the Inspection Panel’s Investigation Report. The Board approved Bank Management’s action plan to address the Panel’s Investigation Report findings. Management prepared a MAP after consulting with the Requesters in response to the findings of the Panel’s Investigation. Management indicated that it agreed with the Government of Togo and consulted with the affected communities on an Action Plan. The Action Plan detailed how the Bank would work together with the Government of Togo and the communities to address the Panel’s findings, and included that the Project Implementation Unit would commission a RAP audit to assess whether all relevant impacts were identified and whether RAP implementation was satisfactory and in compliance, and the Bank would commission a study of the evolution of beach seine fishing on the West African coast.
The Government of Togo confirmed its commitment to implement the Action Plan while the World Bank would support and monitor its implementation. Management committed to submit annual progress reports on the implementation of the MAP.
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