Guide to International Human Rights Mechanisms - Brookings

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Go To Part I II III IV V Involuntary Resettlement Operational Policy (available at www.iadb.org) The International Accountability Project 1315 Carlotta Ave Berkeley, CA 94703 USA E-mail: dana@accountabilityproject.org Website: www.accountabilityproject.org Center for International Environmental Law (CIEL) 1367 Connecticut Ave., NW Suite 300 Washington, DC 20036 USA Tel: +1 202 785 8700 Fax: +1 202 785 8701 E-mail: info@ciel.org Website: www.ciel.org Bank Information Center (BIC) 733 15th Street, NW Suite 1126 Washington, DC 20005 USA Tel: +1 202 737 7752 Fax: +1 202 737 1155 E-mail: info@bicusa.org Website: www.bicusa.org Asia Regional Mechanisms | Asia ASIAN.DEVELOPMENT.BANK.ACCOUNTABILITy.MECHANISM Preliminary Note: It is recommended that applicants considering resort to this mechanism seek experienced assistance 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 Asian Development Bank (ADB) is a regional finance institution whose primary task is to make loans, finance projects, and provide technical assistance to governments and Guide to International Human Rights Mechanisms for Internally Displaced Persons and their Advocates 18
Go To Part I II III IV V private sector actors to stimulate development and reduce poverty in Asia and the Pacific. Like the World Bank (page 147), ADB has developed environmental and social policies, including specific guidelines on involuntary resettlement, to guide its lending and other activities. It has also developed an accountability mechanism designed to respond to community complaints about its projects. The mechanism is made up of two components: a “consultation phase” managed by the Special Project Facilitator and a “compliance review phase” managed by the Compliance Review Panel. What you can Do If you have been, or fear you will be, adversely affected by an ADB-assisted private or public project, you may file a complaint with the Special Project Facilitator, who will attempt to find a compromise solution. If that process is unsatisfactory, and if you believe ADB has failed to follow its own operating policies, you may then file a request with the Compliance Review Panel for an investigation and Board decision as to whether there has been a violation and what action should be taken to correct it. evaluation Like the World Bank and other regional multilateral lending institutions, ADB has a number of environmental and social policies governing its operations, including a specific policy on involuntary resettlement that calls for efforts to avoid displacement from projects and for the creation of fair resettlement plans including fair and adequate compensation, consultation with affected persons, and rehabilitation where displacement is not avoidable. Other policies that may be relevant to displacement issues include policies on disclosure of information, the rights of indigenous peoples, gender and development, poverty reduction, and environmental impacts. These are available on ADB’s website and upon request at ADB country offices. ADB’s Accountability Mechanism is not, strictly speaking, a human rights mechanism, as it is not authorized to apply human rights norms but rather its own policies and rules. It can only consider ADB’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. However, ADB can require that its policies be followed in order to continue its involvement in a project. The current version of the Mechanism was created in 2003, replacing the prior investigation mechanism which did not include a formal “consultation” component. One potential advantage of the two-part process is that there is no requirement that ADB be shown to have violated its rules for an initial complaint to be addressed by the “consultation phase” to the Special Projects Facilitator. However, in the handful of cases the Special Projects Facilitator has addressed to date, none have been deemed satisfactorily resolved at the consultation phase, according to the Facilitator’s reports. Only two cases have so far been entered into the registry of the Compliance Review Mechanism. Who may submit communications Regional Mechanisms | Asia For the“Consultation Phase” “Complaints” to the Special Project Facilitator to open a “consultation phase” proceeding can be filed by any group of two or more people (including individuals, organizations, associations, etc.) who: Guide to International Human Rights Mechanisms for Internally Displaced Persons and their Advocates 18
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The Brookings insTiTuTion - univers
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aBouT The auThor David fisher is a
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Foreword by the Representative of t
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Acronyms and Abbreviations TreaTies
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Introduction This guide is meant fo
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i. Background
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IV. Thematic Roadmap
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UN Bodies International Mechanisms
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Guide to International Human Rights Mechanisms - Brookings

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