Guide to International Human Rights Mechanisms - Brookings

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Go To Part I II III IV V exhaustion of Domestic remedies There is no requirement that parties must seek remedies from domestic or other sources prior to submitting a collective complaint. Duplication of Procedures There is no bar against complaints about matters that are also being addressed by other mechanisms. Time issues There is no specific time limit for bringing collective complaints. Complaints are generally taken up in the order they are received, but ESCR’s rules of procedure allow the Committee to give precedence to a particular complaint. This might be requested for particularly urgent cases. language and format Collective complaints may generally be made in one of the two official languages of the Council of Europe (English and French). National trade unions and employers’ organizations and authorized national NGOs may use any language. No particular format is required or recommended by ECSR, except that they must be written and signed by the complaining organization. confidentiality There is no specific provision for confidentiality in ECSR’s rules. However inasmuch as the procedure concerns “collective complaints” and does not focus necessarily on individual cases, it should be possible to shield the identities of affected persons in the presentation of a case. Procedure Once a complaint is received, a member of ECSR is appointed Rapporteur for the case. She or he prepares a draft decision on admissibility (in light of the factors described above) for adoption by the Committee. The defending state and the submitting organization may be asked for written comments on admissibility. If the complaint is deemed inadmissible, the parties are informed and the decision is made public. If it is found admissible, ECSR asks the state to make a written response on the merits and then allows the submitting organization to respond. Either party may request a hearing (normally public). After this, the Committee makes a decision on the merits of the complaint. Potential result ECSR may issue a decision that a state action has violated its obligations under the Social Charter. The decision is submitted to the EU Committee of Ministers and made public within four months. The Committee of Ministers adopts a resolution based on the decisions, which may recommend actions to rectify the violation. contact European Committee of Social Rights Council of Europe Avenue de l’Europe 67075 Strasbourg-Cedex France Tel: +33 (0)3 88 41 20 00 (switchboard) E-mail: social.charter@coe.int Regional Mechanisms | Europe Guide to International Human Rights Mechanisms for Internally Displaced Persons and their Advocates 200
Go To Part I II III IV V for more information Regional Mechanisms | Europe The text of the European Charter of Social Rights, its protocols and the Revised Charter are available from the Committee and on its website. Committee’s website: www.coe.int/T/E/Human_Rights/Esc/ EUROPEAN.BANK.FOR.RECONSTRUCTION.AND.DEVELOPMENT. INDEPENDENT.RECOURSE.MECHANISM Preliminary Note: It is recommended that applicants considering resort to this 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 European Bank for Reconstruction and Development (EBRD) is a regional multilateral finance institution created to support transitions from Soviet to market-based economies in Eastern Europe and Central Asia. It provides loans, guarantees, equity investments and other support to governments and private sector actors, including in large infrastructure projects that may lead to displacement. The “Independent Recourse Mechanism” was created in 2004 to respond to community complaints about EBRD projects. It addresses eligible complaints through “Problem Solving Initiatives” and/or “Compliance Reviews.” What you can Do If you have been, or fear you will be, directly, adversely and materially affected by an EBRD-assisted private or public project (for example, if you will be displaced from your home as a result of the project), you may file a complaint with the Independent Recourse Mechanism. evaluation EBRD is the most recent regional finance institution to have created an internal accountability mechanism. It has also adopted two main policies of interest to those facing displacement, which concern public disclosure and the environment. The environmental policy, in turn, explicitly adopts for EBRD’s own use policies on involuntary resettlement, indigenous peoples, and cultural property utilized by the International Finance Corporation, a member of the World Bank Group (page 147). 80 The IFC’s policy on involuntary resettlement provides that displacement from assisted projects should be avoided if possible, but that if it cannot be avoided, its effects should be mitigated through adequate consultation, compensation and rehabilitation measures. EBRD’s Independent Recourse Mechanism is not, strictly speaking, a human rights mechanism because it does not refer to human rights norms. 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, EDRB can require that its policies be followed in order to continue its involvement in a project. 80 European Bank for Reconstruction and Development, Environmental Policy, para. 21 ( July 2003). Guide to International Human Rights Mechanisms for Internally Displaced Persons and their Advocates 201
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