A/HRC/45/15
about development projects that could affect them.28 The system provides information about
projects and resources for supporting community responses. This civil society initiative has
thereby taken up the obligations of development financiers, but communities remain at a
disadvantage due to their exclusion from decision-making processes. Even after communities
and civil society learn about a project, it can take years for a Government or development
finance institution to respond to concerns or remedy harms that have already occurred. In one
Caribbean case, a community fought for 10 years until they were able to file a complaint
against the development finance institution funding the project. 29
100. Where development financing creates harms instead of benefits, States are responsible
for ensuring that human rights abuses are prosecuted, including when the violators are private
actors or international financial institutions. 30 While some development finance institutions
have established accountability offices that can receive complaints about projects, civil
society has identified accountability gaps, especially among some newer development
finance institutions in Asia that have not established complaints mechanisms and/or attendant
policies on access to remedy.31
101. Although these challenges are significant, the Special Rapporteur received
information demonstrating that empowering communities and vulnerable groups to
participate in decision-making in the area of development finance presents advantages for all
involved stakeholders. One advantage is that communities can provide valuable traditional
knowledge and information about local circumstances, which can cause projects to enjoy
much higher levels of public legitimacy. Another advantage is that when communities are
engaged throughout the implementation, monitoring and evaluation stages, they can alert
financiers to issues that arise during the projects and to areas where projects could be
improved.32
IV. Conclusions and recommendations
102. To fulfil the right to development in the area of financing for development,
stakeholders must work together to take on the challenges of mobilizing sufficient
resources and directing them to those most in need. By increasing assistance to
developing countries and instituting progressive tax systems, States can uphold their
obligations to maximize available resources for development. In cooperation with local
governments and civil society, States and development finance institutions can centre
individuals and communities in decision-making processes about financing for
development, to the advantage of all stakeholders. To practically implement the right
to development in these areas, the Special Rapporteur recommends the measures listed
below.
A.
Resource mobilization
103. The Special Rapporteur urges contributor States to uphold their commitments
to providing ODA, and recommends they direct aid to those most in need.
104. Within countries, Governments should allocate the most resources to the regions
that are the poorest, and to vulnerable populations, including persons with disabilities,
women, children and young people, minorities, indigenous peoples, people of African
descent and members of other disempowered or marginalized groups.
105. To address regional inequalities and better facilitate participation at the
community level, States and development finance institutions should localize
28
29
30
31
32
See https://ews.rightsindevelopment.org/.
Accountability Counsel, information provided on 8 May 2020.
Guiding Principles on Business and Human Rights, principle 1. See also E/C.12/1/Add.68, para. 31.
Accountability Counsel, information provided on 8 May 2020.
Ibid.
17
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents