A/HRC/45/28 The Independent Expert notes the commitment expressed to fight reprisals, and the subsequent public statement issued in March 2020, in which the World Bank stressed that it did not tolerate reprisals and retaliation against those who shared their views about Bankfinanced projects, and that it worked with appropriate parties to address any complaints brought to its attention.26 33. The Independent Expert further notes that some other international financial institutions and their independent accountability mechanisms have voiced publicly their opposition to reprisals, and have developed specific protocols to address risk of reprisals against defenders. For example, instances of reprisals in the context of projects financed by EBRD fall into the category of coercive practice under the Bank’s Enforcement Policy and Procedures,27 and guidance on reprisals has been developed by the World Bank Inspection Panel and the ADB Accountability Mechanism. 28 AfDB, however, does not have clear policies or statements on reprisals.29 The Independent Expert notes with particular interest the practical toolkit on reprisals commissioned by the IDB Independent Consultation and Investigation Mechanism, which provides very useful guidance for the independent accountability mechanisms of international financial institutions on how to assess, prevent and respond to reprisals. 30 As stressed by the United Nations High Commissioner for Human Rights, this toolkit, which she has endorsed, is in fact a valuable resource for all development organizations.31 34. While the Independent Expert welcomes these positive developments, the several cases of reprisals of he was apprised remain of the utmost concern. He calls for further concrete progress across the spectrum of international financial institutions in that area. Most notably, international financial institutions have a key role to play, and in fact a lot of leverage, in pushing local authorities to investigate acts of reprisals and bring the perpetrators to justice. These institutions should recognize publicly the legitimate role of civil society and intervene firmly whenever an alleged act occurs in connection with a project that they fund directly or indirectly, and should not hide behind their clients’ discretion or the use of financial intermediaries. 35. The aforementioned due diligence process, in its coverage of the enabling environment for stakeholder participation, should systematically include a chapter on reprisals in the context of development projects funded by international financial institutions, specifically how to assess threats and how to take appropriate action. 32 Importantly, the priority should be to avoid reprisals in the first place. International financial institutions should incorporate into their loan agreements with clients clauses preventing reprisals and develop an urgent response system to deal with reprisal threats.33 36. The context of the COVID-19 outbreak appears to worsen some of the issues described above. The Independent Expert was informed that some communities who had raised concerns about projects and sought to monitor progress were now unable to do so owing to the lockdown, whereas the international financial institutions had reportedly been supporting the continued development of the projects concerned. Furthermore, some States have used these exceptional circumstances to further curtail the enabling rights of those, such as journalists and doctors, who have been critical of the response to the pandemic by 26 27 28 29 30 31 32 33 World Bank, “World Bank commitments against reprisals”, March 2020. See www.ebrd.com/our-values/integrity-and-compliance/enforcement-committe.shtml. World Bank Inspection Panel, “Guidelines to reduce retaliation risks and respond to retaliation during the panel process” (2016); and ADB Accountability Mechanism, “Guidelines for the protection of key stakeholders during the Accountability Mechanism process” (2018). Submission received from Stichting Both Ends. Tove Holmström, Guide for Independent Accountability Mechanisms on Measures to Address the Risk of Reprisals in Complaint Management: A Practical Toolkit (Washington, D.C., IDB, 2019). OHCHR, “Roundtable of multilateral development banks and independent accountability mechanisms: addressing the risk of reprisals in development finance”, statement by the United Nations High Commissioner for Human Rights, 12 April 2019. OHCHR, “Benchmarking study”, draft study report, p. 17. Joint statement by civil society organizations, “Responsibility of international financial institutions”, para. 5. 9