A/HRC/45/28 their Governments, which are recipients of emergency funding from international financial institutions. The lockdown reportedly makes it easier for the authorities to target these individuals. Limited Internet shutdowns hampering the dissemination of information, as well as intrusive surveillance technologies through tracing applications, have also been reported. 34 The Independent Expert expresses his strong concern and will monitor this situation with his fellow mandate holders. 4. Accountability 37. Most of the international financial institutions have set up independent accountability mechanisms, which receive grievances from communities that are, or fear that they will be, affected by projects funded by international financial institutions. These mechanisms, most of which reportedly operate independently, can investigate allegations of non-compliance with the institutions’ policies and standards, including those in place to uphold good governance, and propose remedial measures to bring a project back to compliance. By doing so, independent accountability mechanisms foster a culture of accountability towards the proper implementation of such policies and standards, and can suggest areas for improvement at the provision and implementation levels. 35 The Independent Expert supports the idea that independent accountability mechanisms, in order to enhance good governance, should be legitimate, accessible, predictable, equitable, transparent and rights-compatible, in accordance with the effectiveness criteria for nonjudicial grievance mechanisms set out in principle 31 of the Guiding Principles on Business and Human Rights. 36 To fulfil their functions, it is key that independent accountability mechanisms are provided with sufficient powers and resources and, more importantly, that international financial institutions and clients abide faithfully by the mechanisms’ decisions by making them enforceable.37 38. The Independent Expert was informed that AfDB was in the process of reviewing its independent accountability mechanism, the Independent Review Mechanism. He supports the calls made to address the substantive delays throughout the complaints process, improve outreach to communities by the independent accountability mechanism, remove a number of requirements for approval by the AfDB Board of Directors in the complaints process, and develop protocols for the mechanism and AfDB to protect individuals linked to the complaint.38 39. The Independent Expert wishes to refer to the emerging good practices among independent accountability mechanisms as identified by OHCHR, which should be replicated, such as the following: having the specific objective of providing remedy; authorizing a wide range of remedies, including but not limited to compensation; adopting a no-tolerance position on retaliation against anyone who may file a complaint or otherwise engage with the mechanism; simplifying accessibility requirements and ensuring that complainants are free to select compliance review, or dispute resolution or mediation, according to their needs; and effectively promoting awareness of the mechanism by requiring client disclosure of its existence to local communities.39 40. Another avenue of redress exists at the project level, whereby grievance mechanisms are set up by the client, but the independence of such mechanisms is highly questionable. It is therefore important to obtain consensus from the communities affected by a project as to 34 35 36 37 38 39 10 Submission received from the Coalition for Human Rights in Development. Submission received from Accountability Counsel. Ibid. See also A/HRC/44/32, annex, paras. 7.1–12.4. See Daniel and others, eds., Glass Half Full?, for a set of good practices of independent accountability mechanism and a comparison of mechanisms. Submission received from Stichting Both Ends. OHCHR, “Benchmarking study”, draft study report, pp. 46–47. See also the OHCHR Accountability and Remedy Project (www.ohchr.org/EN/Issues/Business/Pages/OHCHRaccountabilityandremedyproject.aspx).

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