A/HRC/36/40
B.
Inspection Panel
69.
In 1993, the World Bank Executive Board established an Inspection Panel 97 as an
independent complaints mechanism for persons who believe they have been, or are likely to
be, harmed by a Bank-funded project. Over the past 24 years, the Panel has taken steps to
maintain and improve accountability in the Bank and assist management to implement
transformational projects. Composed of three members who respond directly to the Bank’s
Executive Board and remain independent of the Bank’s management, the Panel’s mission is
to ensure accountability for the Bank’s human rights and environmental obligations. All
reports that are prepared by the Panel, including the initial complaint, are made public, but
the identities of the complainants remain confidential, if they so wish.
70.
The Inspection Panel has jurisdiction over projects financed by IBRD and IDA.
Complaints about IFC and Multilateral Investment Guarantee Agency-supported projects
are dealt with by the Office of the Compliance Advisor Ombudsman. 98
71.
Owing to its ability to conduct compliance investigations, the Inspection Panel has
growing potential to redress injustices associated with the Bank’s loans. The kind of dispute
resolution provided can address core concerns of affected communities through negotiation
and provide an opportunity to remedy abuses. In that regard, the Panel has investigated the
alleged harm to people’s livelihoods or environmental degradation resulting from
infrastructure projects. The Panel has also considered projects affecting the rights of
indigenous peoples, including land rights and sacred sites, projects affecting natural
habitats, stress on water sources, adverse impacts on wetlands, deforestation, loss of
biodiversity, or projects involving forced relocation, owing, for example, to the building of
a dam, road, pipeline, landfill or power plant. The Panel’s mandate, however, does not
extend to issues relating to the procurement of goods or services, suspected fraud or
corruption. The latter can be reported to the World Bank’s Integrity Vice Presidency. 99
72.
In 2013, 20 years after the creation of the Inspection Panel, the Panel introduced its
Pilot for Early Solutions programme as a second chance deferral process that entails putting
an investigation on hold while allowing World Bank management time to resolve
community complaints. Whereas the Pilot’s second implementation in Paraguay seems to
have worked well, experience elsewhere has shown that removal of a complaint from the
Panel’s transparent process may perpetuate the power imbalance, leaving the communities
to negotiate directly with the same Bank staff and government officials responsible for the
problems.100 Thus, the Pilot programme should be reformed or terminated.
73.
In response to the Human Rights Watch report on reprisals, several international
financial institution accountability mechanisms are developing guidelines to prevent,
monitor and respond to reprisals. For example, on 30 March 2016, the Inspection Panel
published guidelines to reduce retaliation risks and respond to retaliation during the Panel
process. 101 The Panel also collaborates with other complaints mechanisms, such as the
European Investment Bank, with whom it completed a joint investigation in Kenya in 2015,
adopting a mediation process. According to the Panel’s 2015/2016 Annual Report, 102 the
Panel carried out investigations in cases concerning Kenya and Uganda, and Kosovo, 103 and
is engaged in pending cases in Armenia, Colombia, Mongolia and Uganda.
97
98
99
100
101
102
103
See www.inspectionpanel.org and the Panel’s 2015/2016 Annual Report, available from
http://ewebapps.worldbank.org/apps/ip/Pages/Annual-Reports-2016.aspx.
See www.cao-ombudsman.org.
See www.worldbank.org/en/about/unit/integrity-vice-presidency/report-an-allegation.
Bretton Woods Observer, Autumn 2016, p. 5. Available from www.brettonwoodsproject.org/wpcontent/uploads/2016/09/Observer_Sept_16_online.pdf.
See http://ewebapps.worldbank.org/apps/ip/PanelMandateDocuments/2016%20Retaliation%20
Guidelines.pdf.
See http://ewebapps.worldbank.org/apps/ip/Pages/Annual-Reports-2016.aspx.
All references to Kosovo in the present document should be understood to be in compliance with
Security Council resolution 1244 (1999).
17
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