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Transcription:

Responsibility of International Financial Institutions to ensure Meaningful and Effective Participation and Accountability within their Investments, and to Foster an Enabling Environment for Freedoms of Expression, Assembly, and Association In recent years, international financial institutions, including the World Bank Group, European Bank for Reconstruction and Development, and other regional development and investment banks, have increasingly emphasized the importance of participation, good governance, and accountability for development. As both human rights and development experts have noted, respect for human rights of freedom of expression, assembly, and association is crucial for achieving participatory, sustainable, and accountable development. 1 In many countries where international financial institutions (IFIs) are investing, these rights are under attack, from violent crackdowns on protests and criminalization of speech, to arbitrary arrests and detention of human rights defenders, as well as restrictions on civil society organizations (CSOs). 2 In 2014, Global Witness identified 116 killings of land and environmental defenders in 17 countries on average more than two assassinations per week. 3 This environment of violence, intimidation, and closing civil society space renders meaningful public participation in development virtually impossible. It also significantly increases the risk that IFI-financed activities will contribute to or exacerbate human rights violations. 4 In all their activities, IFIs should do everything within their powers to support an enabling environment for public participation, in which people are empowered to engage in crafting their own development agendas and in holding their governments, donors, businesses, and other actors to account. IFIs should also ensure that their activities do not cause or contribute to human rights violations, including taking necessary measures to identify and address human rights risks in all of their activities. We, the undersigned, call on all international financial institutions to ensure that the activities they finance respect human rights and that there are spaces for people to participate in the development of IFI projects and hold IFIs to account without risking their security. We call on IFIs to actively support the realization of rights to freedom of expression, assembly, and association, and related human rights, including economic, social and cultural rights (ESCR), in all their activities. 1 Daniel Kaufmann, Human Rights, Governance, and Development: An empirical perspective, in World Bank Institute, Development Outreach, October 2006, http://siteresources.worldbank.org/extsitetools/resources/kaufmanndevtoutreach.pdf, pp. 15-20; Hans-Otto Sano, "Development and Human Rights: The Necessary, but Partial Integration of Human Rights and Development," Human Rights Quarterly, vol. 22.3 (2000), pp. 734-52. 2 Amnesty International, The State of the World s Human Rights 2015/2016, 2016, https://www.amnesty.org/en/latest/research/2016/02/annual-report-201516/; Civicus, Civil Society Watch Report, June 2015, http://www.civicus.org/index.php/en/media-centre-129/news-and-resources-127/2245-new-civicus-report-civilsociety-rights-violated-in-96-countries. 3 Global Witness, How Many More? 2014 s Deadly Environment: the killing and intimidation of environmental and land activists, with a spotlight on Honduras, April 2015. 4 Human Rights Watch, At Your Own Risk: Reprisals Against Critics of World Bank Group Projects, June 22, 2015, https://www.hrw.org/report/2015/06/22/your-own-risk/reprisals-against-critics-world-bank-group-projects; Oxfam International, The Suffering of Others: The human cost of the International Finance Corporation s lending through financial intermediaries, https://www.oxfam.org/sites/www.oxfam.org/files/file_attachments/ib-suffering-of-othersinternational-finance-corporation-020415-en.pdf.

We also urge shareholder governments to actively support these reforms at each international financial institution of which they are a member. We call on international financial institutions to: Signed, 1. As part of country-level and project-level engagement, systematically analyze the environment for freedoms of expression, assembly, and association, and the realization of other human rights critical for development and the implications for development effectiveness and project outcomes. Build this analysis into country development strategies and project design, including by identifying the actions and measures which will be taken by the IFI and the client to address any risks. 2. Develop and institutionalize creative methods to enable people, including marginalized and discriminated against groups, to freely participate in proposed IFI-financed development initiatives that may affect them or that should benefit them, without risk of reprisals. 3. Systematically analyze and take measures to mitigate project-related risks relating to freedoms of expression, assembly, and association, and other human rights, including economic, social and cultural rights. 4. Establish policies to ensure that information and communication technology investments are not used to limit freedom of expression or infringe international obligations on privacy rights. 5. From the earliest stages of project development until following project completion, take all necessary measures to mitigate risks of all forms of threats, attacks, or reprisals to community members, workers, activists, journalists, human rights defenders, and civil society organizations for participating in project development, for criticizing or opposing a project or otherwise speaking out (or being perceived to have spoken out) against a project. Such measures should include: incorporating clauses preventing reprisals in loan agreements and developing an urgent response system to address threats to project critics. 6. Consistently highlight the importance of the rights of freedom of expression, assembly, and association for participatory, sustainable, and accountable development in dialogue with all levels of government and in relevant IFI publications. In the face of proposals that would roll back protections of these rights, emphasize to governments the adverse impact such proposals would have on development effectiveness and the IFI s activities in the country. 7. Concerning compliance/accountability mechanisms: develop measures to protect people s right to remedy, including the right to freely approach and fully participate in the IFI accountability mechanism processes; ensure that those communities likely to be affected by a project are aware of and feel safe in approaching accountability and grievance mechanisms; give accountability mechanisms the tools and power to address situations in which complainants experience retaliation after participating in or attempting to utilize an accountability mechanism process; and ensure that compliance investigations also examine any instances of retaliation for opposition to the project and/or participation in the mechanism process.

Buliisa Initiative for Rural Development Organisation (BIRUDO), Uganda Social Justice Connection, Canada OT Watch, Mongolia Uganda Land Alliance, Uganda Amnesty International, International Human Rights Watch, International CEE Bankwatch, Czech Republic Citizens for Justice, Malawi Heinrich Böll Stiftung, Germany FUNDEPS, Argentina Réseau Camerounais des Organisations des Droits de l'homme, Cameroon Institut de Recherche en Droits Humains (IRDH), Democratic Republic of Congo Lumière Synergie pour le développement, Senegal Just Associates (JASS), International L'Observatoire d'etudes et d'appui à la Responsabilité Sociale et Environnementale, Democratic Republic of Congo Livelihood and Environment Ghana (LEG), Ghana Center for International Environmental Law, International Narasha Community Development Group, Kenya Accountability Counsel, United States Actions pour les Droits, l`environnement et la Vie, Democratic Republic of Congo Foundation for Environmental Rights, Advocacy and Development (FENRAD), Nigeria Alyansa Tigil Mina (ATM), Philippines Phenix Center Jordan, Jordan Bank Information Center, United States International Accountability Project, International Bretton Woods Project, United Kingdom Protection International, Belgium Equitable Cambodia, Cambodia Jewish World Watch, United States Sawit Watch, Indonesia Jamaa Resource Initiatives, Kenya African Resources Watch (AFREWATCH), Democratic Republic of Congo Responsible Sourcing Network, United States Observatoire Gouvernance et Paix, Democratic Republic of Congo Maison de Mines du Kivu, Democratic Republic of Congo Bantay Kita-Publish What You Pay, Philippines NGO Forum on ADB, Philippines 11.11.11. - Coalition of the Flemish North-South Movement, Belgium Conseil régional des organisations non gouvernementales de développement, Democratic Republic of Congo Foundation for the Conservation of the Earth, Nigeria l'observatoire d'etudes et d'appui à la Responsabilité Sociale et Environnementale République Démocratique du Congo, Democratic Republic of Congo Ong hadassa, Gabon Ong croissance saine environnement, Gabon Governance and Social Accountability Tunisia, Tunisia Assembly of AL-Inbithaq for Development & Economic Development, Iraq Center for Studies and Economic Media, Yemen

Khpal Kore organization(kko), Pakistan Radanar Ayar Rural Development Association, Myanmar Anticorruption Business Council of the Kyrgyz Republic, Kyrgyz Republic Seeds - India, India Association of Human Rights Defenders and Promoters- HRDP, Myanmar Inspirator Muda Nusantara, Indonesia Naga Peoples Movement for Human Rights (NPMHR), Nagaland / India Empower India, India Business and Welfare Initiatives Ltd., Bangladesh Alternative ASEAN Network on Burma, Thailand Association for Promotion Sustainable Development, India Greater Active Reconstruction & Justice Action Network-Nepal, Nepal KATRIBU Kalipunan ng Mga Katutubong Mamamayan ng Pilipinas, Philippines Participatory Research Action Network, Bangladesh Egyptian Center for Economic and Social Rights, Egypt African Law Foundation (AFRILAW), Nigeria Asia Indigenous Peoples Pact, Regional Maryknoll Office for Global Concerns, United States Egyptian Center of Civil and Legislative Reform, Egypt The Gate of Culture and Development, Morocco Arabic Water Forum, Morocco Friends of the Earth U.S., United States Fundacion MaderaVerde, Honduras Press Freedom Advocacy Association, Iraq ActionAid USA, United States Commercial Media Center, Iraq Tunisian Association of Transparency in Energy and Mines (ATTEM), Tunisia Krityan and UNESCO Club Jamshedpur, India Zo Indigenous Forum Mizoram, India Centre for Research on Multinational Corporations - SOMO, Netherlands Forum of Dialogue and Partnership for Development, Egypt Derechos Humanos y Medio Ambiente, Peru Greenpeace, International Columban Center for Advocacy and Outreach, United States Al-Noor Universal Foundation, Iraq Gender Action, United States Sisters of Mercy of the Americas' Institute Justice Team, International Sustainable Development Foundation, Thailand Indigenous Women League Nepal, Nepal Youth Federation of Indigenous Nationalities Nepal, Nepal ASEAN Parliamentarians for Human Rights, Regional American Jewish World Service, United States Guatemala Human Rights Commission, United States Sursiendo, Comunicación y Cultura Digital, Mexico Article 19, United Kingdom Project on Organizing, Development, Education and Research (PODER), Regional Inclusive Development International, United States Oil Workers' Rights Protection Public Union, Azerbaijan Urgewald, Germany

EcoLur Informational NGO, Armenia Bankwatch Romania, Romania Habi Center for Environmental Rights, Egypt Fundación Ambiente y Recursos Naturales, Argentina BankTrack, Netherlands A Toda Voz, A.C., Mexico Fédération internationale des ligues des droits de l Homme, International European Center for Not-for-Profit-Law, Hungary