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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