On July 16, 2020, the Panel received a Request for Inspection from two individuals who claimed that their land was partially taken without compensation to make way for an expressway built under the Peru Cusco Transport Improvement Project. The Requesters alleged non-compliance with the Bank’s policy on Involuntary Resettlement and lack of consultation and disclosure of information. The Requesters also raised concern about retaliation in their Request.
The Panel registered the case on September 28, 2020, and on November 2, 2020, received an additional signature from an individual who also claimed to co-own part of the land, as well as nine signatures of brickmakers who explained that they have rented the land for several years and claimed that they were forcibly evicted without prior notification and compensation. The brickmakers authorized their landlord, who is one of the Requesters, to represent them during the Panel process.
The Requesters alleged non-compliance with the Bank’s Policy on Involuntary Resettlement and lack of consultation and disclosure of information.
World Bank management submitted its response to the Request on November 6, 2020. Due to COVID-19 and related travel restrictions, the Panel was not able to conduct a field visit during its eligibility assessment and adopted a virtual format to gather information for its recommendation on whether an investigation was warranted.
The Panel on December 15, 2020, recommended the project not be investigated after determining i) the land ownership claims in the Request are a matter for the Peruvian courts and outside the Panel’s purview, ii) the ineligibility of the claims of the brickmakers due to a lack of prior knowledge of the matter by Management as required in the Panel process, and iii) Management’s commitment to ask the borrower to review the claims of the brickmakers to ascertain their possible eligibility, or lack thereof, to receive compensation or assistance under the project’s Resettlement Action Plan.
The Board of Executive Directors approved the Panel’s recommendation on January 12, 2021.