A/HRC/36/40
28.
For reasons of operationalisation, general human rights obligations for the World
Bank and the IMF should be specified in a practical and accessible instrument by which the
two IFIs are to be guided in all their decisions and on the basis of which they can be held
accountable.
29.
The World Bank Articles of Agreement need to be interpreted in the light of the
current definition of development, which includes respect for human rights.
30.
The Bank’s operational policies are an appropriate instrument for assisting staff in
ensuring that Bank-financed projects do not result in human rights violations. The
following clause should be included in the operational policies of the World Bank: ‘The
World Bank shall not finance projects that contravene applicable international human rights
law.’ A clause to the same effect should be included in loan agreements concluded between
the Bank and member States. The loan agreements are international treaties, which are
binding both on the international organisations and the State concerned, and are governed
by international law. The Bank should ensure compliance with the human rights clause
during implementation.
31.
The following clause should be included in the policies of the IMF: ‘The IMF shall
not enter into financial agreements that contravene applicable international human rights
law.’ A clause to the same effect should be included in programme support agreements
between the IMF and States. The IMF should ensure compliance with the human rights
clause during implementation of its programmes.
Linking Legal Obligations in the Field of Human Rights to Political and Economic
Realities
32.
Concrete policies, programmes, projects and actions activate specific duties,
including in particular with regard to people whose lives are affected by the decisions
taken. In order to establish the nature and implications of such concrete duties, decisionmaking by the World Bank and the IMF should be open and transparent, so that the
interests of all stakeholders be represented and acknowledged in the light of applicable
international human rights standards.
33.
The World Bank and the IMF are required to ensure that people who are affected by
their projects and strategies as well as civil society organisations are given the opportunity
to participate actively in taking the decisions that affect them. This participation should be
facilitated and conducted in the light of applicable international human rights standards —
including the principle of non-discrimination and the right to information, the right to be
consulted, and the right to free and informed consent — and take into account marginalised
groups and peoples, including indigenous peoples, with respect for their right to (internal)
self-determination.
34.
In adopting partnerships, the World Bank and the IMF need to pursue the equity of
goals of other solid and financial partners and to take on board the goals and instruments of
partner organisations, including those within the UN system, and to see how they relate to
the Bank’s and the IMF’s policy orientations and decision-making processes. This would
not only benefit all constituents of the World Bank and the IMF but also enrich the policy
agenda of other actors. The World Bank and the IMF need to search systematically for
common ground and co-operation so as to increase the impact of their projects and
programmes on poverty reduction.
Evaluation and Redress of Human Rights Impacts
35.
The World Bank and the IMF should ensure that all accountability mechanisms are
easily accessible for affected individuals and groups, inter alia through supporting capacity
building initiatives that would enable individuals and groups to engage more effectively
with these institutions.
36.
The World Bank and the IMF should support initiatives in which co-operation
between human rights NGOs and development NGOs is strengthened in order to maximise
their effective engagement with the IFIs and the communities affected by World Bank- and
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