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ESS7 and ethnic minorities: when free, prior and informed consent (FPIC) is required

The World Bank's and ADB's ESS7 require meaningful consultation with ethnic minority peoples and, in three circumstances, FPIC. This note summarises the identification criteria, the three triggers and how FPIC is established.

The World Bank's Environmental and Social Standard 7 (ESS7) applies to groups with the characteristics of Indigenous Peoples. In Viet Nam, projects commonly use the term "ethnic minorities" and prepare an Ethnic Minority Development Plan (EMDP); ESS7 allows the Borrower to request alternative terminology suited to the national context (ESS7, para 6). ADB's ESS7, applicable from 2026, sets similar requirements.

Four identifying characteristics (ESS7, para 8)

An affected group falls under ESS7 when it has, in varying degrees:

  • Self-identification as a distinct social and cultural group, recognised by others.
  • Collective attachment to geographically distinct habitats, ancestral territories or seasonal use areas, and their natural resources.
  • Customary cultural, economic, social or political institutions distinct from mainstream society.
  • A distinct language or dialect.

Meaningful consultation

Engagement under ESS10 must be culturally appropriate and gender- and intergenerationally inclusive. For ethnic minority peoples, it should involve their representative bodies such as councils of elders or village councils, allow sufficient time for their decision-making processes, and let them take part in designing measures that may affect them (ESS7, para 23).

Three circumstances requiring FPIC (ESS7, para 24)

  • Adverse impacts on land and natural resources subject to traditional ownership or customary use.
  • Relocation from such land and natural resources.
  • Significant impacts on cultural heritage material to the identity, cultural or spiritual life of the affected community.

How FPIC is established (ESS7, paras 25–27)

  • It covers project design, implementation arrangements and expected outcomes related to risks and impacts.
  • It builds on meaningful consultation and good-faith negotiation; the process, outcome and any dissent are documented.
  • FPIC is the collective support of the affected community and does not require unanimity.
  • Where FPIC cannot be ascertained, the related aspects of the project are not processed further; if other parts proceed, the Borrower ensures no adverse impacts on that community, for example by rerouting a road around the affected land.

Plans and commitments

The Borrower prepares a time-bound plan proportionate to risks and impacts, in consultation with the community (ESS7, para 13). Where ethnic minority peoples are the sole or overwhelming beneficiaries, plan elements may be built into project design without a stand-alone plan (para 15). Where locations or subprojects are not yet known, a planning framework is prepared. Agreed actions are included in the Environmental and Social Commitment Plan (ESCP) (para 28).

Sources

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