Guide to International Human Rights Mechanisms - Brookings

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International Mechanisms | Other Relevant International Mechanisms
comPliance aDvisor omBuDsman
Background The Compliance Advisor Ombudsman (CAO) is an independent body authorized
to advise, monitor and consider complaints concerning the environmental and social impact of
projects financed or guaranteed by the two sub-parts of the World Bank focused on the private
sector – the International Finance Corporation (IFC) and the Multilateral Investment Guarantee
Agency (MIGA). The CAO’s office consists of a single ombudsman, who reports to the president
of the World Bank group, and a small staff.
What you can Do If you have been or are likely to be affected by the social and/or environmental
impacts (including displacement) of an IFC or MIGA project, you may send a complaint to the CAO.
evaluation The CAO was created due to civil society pressure on the World Bank to extend the
scope of the Inspection Panel to the work of the IFC and MIGA. Instead, the CAO was set up
with a less formal (and less authoritative) “problem solving” role. By its own description, the CAO
is more interested in attempting to mitigate future harm than to address harm that has already
occurred, with an aim to find solutions rather than “find fault.”
IFC and MIGA policies and procedures may be cited in a complaint. Both have “safeguard policies”
concerning involuntary resettlement, public disclosure, indigenous peoples and environmental
impacts of projects, among others. 67 The policies on involuntary resettlement provide that
displacement should be avoided if possible, but if not, its effects should be mitigated through
adequate consultation, compensation and rehabilitation measures. Unlike the Inspection Panel,
the CAO is not empowered to appeal directly to the World Bank’s governing Board of Directors
where management fails to rectify ongoing policy violations. On the other hand, given the
conciliation/mediation role of the CAO, it is possible that it might help to resolve problems in
project implementation even when they do not formally violate established policies.
Who may submit communications Any individual, community or other party affected or likely to
be affected by the environmental and social impacts of an IFC or MIGA project may lodge a complaint
with the CAO. Organizations (such as NGOs) may file complaints on behalf of affected persons, so long
as they can prove that the affected persons have authorized them to do so. The CAO appears to prefer that
such representatives be local organizations, and recommends that any foreign NGOs partner with local
organizations before submitting a complaint.
competence The CAO may consider complaints concerning the environmental and social impacts
of projects financed or guaranteed by IFC or MIGA, including project preparation, consultation/
involvement of affected communities, and the adequacy of resettlement and other mitigating efforts.
exhaustion of other remedies The CAO does not formally require any showing of exhaustion
of other remedies. However as a “problem solving” actor that attempts to mediate disputes between
affected populations and IFC and MIGA management, it may exercise its discretion not to take a
67 In the IFC’s case, some of these policies are currently undergoing review and may soon be updated.
Guide to International Human Rights Mechanisms
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