Guide to International Human Rights Mechanisms - Brookings

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International Mechanisms | Other Relevant International Mechanisms
where feasible, reduced to a minimum when unavoidable, and those affected should be properly
consulted, informed and assisted to rehabilitate after displacement.
The Inspection Panel can only consider the World Bank’s involvement and responsibility. It
cannot directly examine the responsibility of governments for their (frequently significant) roles in
displacement by development projects. On the other hand, the World Bank’s social and environmental
policies require that the World Bank ensure through its contracts with the borrowing governments
and through ongoing monitoring that the borrower is abiding by the policies. If it does not, the
World Bank is required to act, including by withholding funding.
The Inspection Panel’s opinions are not formally binding on the Bank. However, they are taken
very seriously by the Bank’s Executive Board (made up of the states that fund the bank) and have
on several occasions led the Bank to pull out of large and politically important projects because
of the many rule violations they were causing. Moreover, even where the Inspection Panel’s
consideration does not lead to formal action on the part of the Executive Board, the process of
filing and considering complaints frequently results in intensified attention and positive action by
Bank management. On the other hand, neither the Inspection Panel nor the World Bank can stop
a government from continuing a project with alternative funding if it chooses to do so.
Who may submit communications Two or more persons who have been or who fear they will
suffer harm as a result of a project financed by the World Bank may file a request. A local NGO
may file a request as their representative. In exceptional cases where no local groups can act (such
as where they face the danger of retaliation), international NGOs can represent affected persons.
Representatives must submit proof of authorization with the request.
competence The Inspection Panel may consider requests concerning projects which the World
Bank is supporting or is considering supporting where it is claimed that there have been violations
of the World Bank’s management of World Bank rules.
exhaustion of other remedies The Inspection Panel requires requestors to show that they have
attempted to bring their concerns to the attention World Bank management representatives and
that the response has not been satisfactory.
Duplication of Procedures There is no formal bar on matters that have been or are currently
being addressed by other mechanisms.
Time issues Requests must be received prior to the point that the World Bank’s involvement is
considered complete (once at least 95 percent of the funds it is contributing have been disbursed).
language and format Requests must be in writing and may not be anonymous. They may be in
any language but those not filed in English will be delayed for translation. The Inspection Panel’s
suggested format for a request is reproduced below (page 151). Any supporting documentation
– such as copies of correspondence with World Bank officials – should be attached.
Guide to International Human Rights Mechanisms
for Internally Displaced Persons and their Advocates 1 8