A/HRC/36/40 28. For reasons of operationalisation, general human rights obligations for the World Bank and the IMF should be specified in a practical and accessible instrument by which the two IFIs are to be guided in all their decisions and on the basis of which they can be held accountable. 29. The World Bank Articles of Agreement need to be interpreted in the light of the current definition of development, which includes respect for human rights. 30. The Bank’s operational policies are an appropriate instrument for assisting staff in ensuring that Bank-financed projects do not result in human rights violations. The following clause should be included in the operational policies of the World Bank: ‘The World Bank shall not finance projects that contravene applicable international human rights law.’ A clause to the same effect should be included in loan agreements concluded between the Bank and member States. The loan agreements are international treaties, which are binding both on the international organisations and the State concerned, and are governed by international law. The Bank should ensure compliance with the human rights clause during implementation. 31. The following clause should be included in the policies of the IMF: ‘The IMF shall not enter into financial agreements that contravene applicable international human rights law.’ A clause to the same effect should be included in programme support agreements between the IMF and States. The IMF should ensure compliance with the human rights clause during implementation of its programmes. Linking Legal Obligations in the Field of Human Rights to Political and Economic Realities 32. Concrete policies, programmes, projects and actions activate specific duties, including in particular with regard to people whose lives are affected by the decisions taken. In order to establish the nature and implications of such concrete duties, decisionmaking by the World Bank and the IMF should be open and transparent, so that the interests of all stakeholders be represented and acknowledged in the light of applicable international human rights standards. 33. The World Bank and the IMF are required to ensure that people who are affected by their projects and strategies as well as civil society organisations are given the opportunity to participate actively in taking the decisions that affect them. This participation should be facilitated and conducted in the light of applicable international human rights standards — including the principle of non-discrimination and the right to information, the right to be consulted, and the right to free and informed consent — and take into account marginalised groups and peoples, including indigenous peoples, with respect for their right to (internal) self-determination. 34. In adopting partnerships, the World Bank and the IMF need to pursue the equity of goals of other solid and financial partners and to take on board the goals and instruments of partner organisations, including those within the UN system, and to see how they relate to the Bank’s and the IMF’s policy orientations and decision-making processes. This would not only benefit all constituents of the World Bank and the IMF but also enrich the policy agenda of other actors. The World Bank and the IMF need to search systematically for common ground and co-operation so as to increase the impact of their projects and programmes on poverty reduction. Evaluation and Redress of Human Rights Impacts 35. The World Bank and the IMF should ensure that all accountability mechanisms are easily accessible for affected individuals and groups, inter alia through supporting capacity building initiatives that would enable individuals and groups to engage more effectively with these institutions. 36. The World Bank and the IMF should support initiatives in which co-operation between human rights NGOs and development NGOs is strengthened in order to maximise their effective engagement with the IFIs and the communities affected by World Bank- and 32

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