A/HRC/37/63
19.
Going further, the Independent Expert has advocated for increased transparency at
national and international levels in the tax arena. In his 2016 report to the Council
(A/HRC/33/40), in particular, the Independent Expert recommended that the United
Nations adopt an international standard for multilateral, automatic exchange of tax
information among States. In addition, States had been encouraged to develop public
registries of ultimate beneficial ownership. Furthermore, given the role whistle-blowers
play in equalizing the playing field in the international economic order, the Independent
Expert emphasized the importance of protecting individuals who shared information about
rights-abusing corporate tax practices from prosecution and reprisals. In particular, in the
2016 report, the Independent Expert proposed the adoption of a charter on the rights of
whistle-blowers and the development of a “protected disclosure defence” in case tax
whistle-blowers were subject to criminal prosecution.
20.
International institutions may themselves present obstacles to the achievement of a
democratic and equitable international order. In his reports to the Council and the General
Assembly in 2015, 2016 and 2017, the Independent Expert showed that certain rules of
WTO and practices of the World Bank and IMF were rigged in favour of the powerful,
impeded a level playing field and actually contributed to a widening gulf between the rich
and the poor, both nationally and internationally.
21.
For example, the World Bank’s near-exclusive focus on growth in terms of gross
domestic product, increased trade and greater consumption has led its member States to
undertake policies that increase inequalities among their populations and between these
countries and other States. At the same time, the Bank’s continued financing of megaprojects connected to alleged human rights violations has counteracted its stated
commitment to international development in partner countries. Among the most egregious
violations documented by human rights organizations and Bank observers have been landgrabbing, brutal evictions, involuntary resettlement, forced labour, child labour, sexual
abuse, massive pollution, destruction of the environment, reprisals against human rights
defenders, corruption and money-laundering.
22.
In a similar manner, the strict and selective loan conditions imposed by IMF, such as
the requirement that States demonstrate rapid economic growth after borrowing from the
Fund, has discouraged States from making long-term investments in their health,
infrastructure, education and social sectors. Furthermore, the lack of a global consensus on
sovereign debt restructuring means that States that are not in a position to pay back IMF
loans may fall into vicious debt crises. Together, these factors increase unemployment,
worsen working conditions, reduce access to free quality education and weaken
environmental protection. In a systematic sense, they also diminish the capacity of States to
guarantee rights and can lead to underresourced public sectors that are vulnerable to
breakdowns and emergencies.
23.
In his 2017 reports to the Council (A/HRC/36/40 and Corr.1) and the General
Assembly (A/72/187), the Independent Expert accordingly recommended that both the
World Bank and IMF amend their founding Articles of Agreement to expressly integrate
human rights in their policies and practices. He suggested that both institutions conduct
human rights impact assessments to analyse the potential negative effects of financed
projects or partnerships and expand the scope of their work to include more wholesale
evaluations of their effect on the distribution of wealth, food security, clean water,
sanitation, health care, housing, education and employment.
24.
As regards the World Bank, the Independent Expert has urged it to develop a
standalone human rights policy and strengthen recently adopted safeguards under its new
Environmental and Social Framework. Bank projects affecting the livelihoods and land of
indigenous peoples should not be carried out without the genuine, free, prior and informed
consent of the affected communities. Moreover, the Independent Expert has proposed that
recommendations made by the Bank’s own internal watchdogs — namely, the Office of the
Compliance Advisor Ombudsman and the Inspection Panel — be made enforceable. Finally,
the Independent Expert has called on the World Bank to guarantee that, when its projects
lead to human rights violations or environmental damage, recourse mechanisms are both
accessible and effective for victims, and that they provide meaningful restitution.
9
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