Guide to International Human Rights Mechanisms - Brookings

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Regional Mechanisms | The Americas
INTER-AMERICAN.DEVELOPMENT.BANK.INDEPENDENT.
INVESTIGATION.MECHANISM
Preliminary Note: It is recommended that applicants considering resort to this mechanism seek
experienced advice in formulating and following up their complaint (although, as noted below, direct
representation by international actors is discouraged). Contact information for several international
NGOs active in this area is provided below.
Background The Inter-American Development Bank (IDB) is a regional finance organization that
provides loans, guarantees and technical assistance to governments and the private sector in the Latin
American and Caribbean region in order to promote development. Like other multilateral development
banks, IDB has developed a number of operational policies and procedures, including a policy on
involuntary resettlement, which it is committed to follow in its lending and other assistance programs.
An Independent Investigation Mechanism has been set up to accept outside complaints that IDB is
failing to abide by these policies. The mechanism consists of a series of steps involving bank staff, the
Board and, if approved, formal investigation of the complaints by an independent panel which produces
recommendations to the Board for any needed actions. At the time of preparation of this guide, a proposal
for significant changes to the structure and functioning of the Mechanism was under review at IDB.
What you can Do If you have suffered, or fear you may suffer, harm (such as displacement) from
a development project in which IDB is involved and you believe that IDB has failed to follow its
own rules in planning or implementation of the project, you can file a “request” for an Investigation
Mechanism investigation.
evaluation Like the World Bank, IDB has a specific operational policy on involuntary resettlement
(Sectoral Operational Policy 710) that calls for efforts to avoid displacement from projects and for
the creation of fair resettlement plans including fair and adequate compensation and rehabilitation
where it is not avoidable. Other IDB policies, including those on the environment, population and
public health, may also be relevant to persons facing displacement.
The Investigation Mechanism procedure is not, strictly speaking, a human rights mechanism, as it
is only authorized to hear complaints of violations of IDB’s own internal rules. It can only consider
IDB’s involvement and responsibility. It cannot directly examine the responsibility of governments
and private sector borrowers for their (frequently significant) roles in displacement by development
projects. On the other hand, IDB’s social and environmental policies (including Sectoral Operational
Policy 710 on Involuntary Resettlement) require that IDB ensure through its contracts and ongoing
contacts with the borrowing governments and private sector organizations that the borrowers are
abiding by the policies. If they are not, IDB may remove support from the project.
Guide to International Human Rights Mechanisms
for Internally Displaced Persons and their Advocates 181