Protecting and Supporting Indigenous Peoples in Latin America: Evaluating the Recent World Bank and IDB Policy Initiatives

In this article, John Head draws on his experience with international financial institutions to offer both descriptive and prescriptive observations about the recent legal initiatives taken by the World Bank and the Inter-American Development Bank ("IDB") on issues related to the interests of indigenous peoples, particularly in Latin America. He focuses on three questions: Are those recent initiatives helpful? Are they legal? And are they enough? In addressing those three questions—which he answers yes, yes, and no, respectively—Mr. Head explains (1) why, as a practical matter, it is vitally important that the World Bank and the IDB contribute to the multilateral efforts to protect and assist indigenous peoples in Latin America, (2) why, as a legal matter, he dismisses criticisms raised by some commentators alleging that involvement by international financial institutions in such issues constitutes unlawful "mission creep" or tramples on the sovereignty of their member states, and (3) why, in looking to the future, the most appropriate way to assure that the international development finance institutions continue contributing to the well-being of indigenous peoples is by updating the charters of those institutions