in in ad addr dres essin ing g the e ris isk of reta etalia - - PowerPoint PPT Presentation

OHCHR R Ac Accoun counta tability ility and Remed edy y Project ct III: Prevent nting ing ret etalia iati tion n through gh non-stat state-based ased grievan ance ce mech chan anisms isms 9th UN Forum on Busin iness ess and Human n Rights hts 17 November 2020

The Ri e Righ ght t to Voic ice e Concer erns: s: the e role e of IAMS in in ad addr dres essin ing g the e ris isk of reta etalia iati tion

• n

Victor

• ria

ia Marqu quez ez-Mees es, Chief ef Ac Acco coun unta tabilit ity Office icer – Indepe ependen ndent t Project ct Ac Accoun

• unta

tabil ility ty Mech chan anism ism (EBR BRD) D)

Discussion Items

1.

• 1. The IAM exper

erien ience ce: : steps ps taken en to date e and progress gress made e 2.

• 2. The ARP III find

nding ings s and nd their ir relevance ance to our ur work rk 3.

• 3. Challen

llenges ges ahead

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The IAM AM experience: ience: st steps ta s taken n to date and progress ress ma made e

17 November, 2020 3

Gener eral l con

• ntext:

t:

• Growing number of complaints where fear of reprisals was cited
• Increasing role of private sector in development
• Shrinking space for civic society
• Limited knowledge amongst IAMs about how to address these issue

What t did we do?

• Commission the Guide for Independent Accountability Mechanisms

On Measures to Address the Risk of Reprisals in Complaint Management (available in English and Spanish)

• Mechanisms started drafting guidance in line with each one’s mandate:

WB Inspec ection tion Panel, IFC’s CAO, IADB’s MICI CI, EBRD’s IPAM

• Engagement with Senior Management from IFI’s to raise awareness

about these issues

The AR e ARP III fin indi dings gs and d thei eir rel elevance nce to our ur work rk

17 November, 2020 4

Policy objective 8: Non-State-based grievance mechanisms are accessible

8.9 The mechanism adopts and implements policies & processes appropriate a. To preserve confidentiality regarding identity and the grievance process itself b. To ensure risks of retaliation are properly assessed and addressed IAM response

• 1. All IAM policies and

procedures should include provisions on:

• Preserving confidentiality
• How Risk of Retaliation is

addressed

• 2. Staff requires training on

who to implement provisions

• 2. Engagement with

requesters and joint decision making on measures

The AR e ARP III fin indi dings gs and d thei eir rel elevance nce to our ur work rk

17 November, 2020 5

Policy objective 9: Non-State-based grievance mechanisms are predictable

9.2 The mechani chanism sm publis lishes hes accurat curate e and realisti alistic c informati

• rmation,
• n, suffici

cient ent to fost ster er a clear ear under erstandi standing ng as to: (f) The extent to which the mechanism can assist in cases where there may be a risk of retaliation and the form it may take. 9.3 The mechani chanism sm adopt pts, imp mplem ements ents and comm mmuni unicat cates es clear ear poli lici cies es and proced cedures ures for colla llabora boration tion with th ot

• ther

her non-St Stat ate e grievanc ance e mechani chanism, m, Stat ate-based based mechani chanism sms s and/or

• r Stat

ate e agenc ncies es with th respec pect t to a grievance ance which ch clearl learly y set et

• ut:

t: (b) Appropriate safeguards relating to protecting people from the risk of retaliation.

IAM response

• 1. Websites and materials

should provide clear and transparent guidance on how we deal with risk of retaliation and its scope

• 2. Engagement with IFI

management

• 3. Engagement with other

IAMs

• 4. But not yet there on

collaboration with other non-state grievance mechanism

The AR e ARP III fin indi dings gs and d thei eir rel elevance nce to our ur work rk

17 November, 2020 6

Policy objective 12: Non-State-based grievance mechanisms are rights- compatible

12.4 The mecha hani nism sm adopts ts and imp mplemen ements ts policies cies & processes sses neede ded d to ensure ure that t engageme agement nt with State e agencies cies is underta taken en

• c. Best

st calcul culated ed to re reduce ce the ri risk of ret retalia iati tion

• n

against nst the relevan ant t rights ts holders, s, infor

• rmed

med by a thorough ugh risk assess essmen ment. t.

• d. Which

h compl mplies es with policies, cies, commi mitme tment nts s with h ri rights ts holders ers wrt confiden denti tialit ity and prot

• tecti

ction

• n of

personal

• nal safety

ety IAM response

• 1. Not yet there
• 2. Risk assessment and joint

plans are part of the approach now

• 3. Dynamic process of

alignment

Some more challenging issues

Preservi ving a clear deline neation ation bet etween n the roles s and respo pons nsibiliti ties es of non-Stat State-base ased d grievance nce mechani nisms ms and State-base ased d mechani nisms

• ms. Non-State-based grievance

mechanisms must not limit access by rights holders to judicial mechanisms in such cases Ret etaliat atory y behavi viour ur (and the risks sks of the same) may not

• t be o
• bvious

us to law enforcement agencies, highlighting the need for greater institutional awareness of different forms that retaliation can take in practice. Such efforts should promote a proper appreciation of the structural, sociocultural and economic issues that can underpin or exacerbate risks and the risks that arise in challenging operating contexts, such as conflict-affected areas or areas in transition from conflict Non-State-based grievance mechanisms will not

• t be e

effecti ctive mechani nisms sms for dealing ng with th busi siness ness-rel relat ated d human n rights ghts harms ms if they y are not

• t themsel

mselves es aligned gned with h int nternati rnationa nally recogni nize zed d human rights (6.1). Mechanisms should act responsibly to address rights holder concerns about the possibility of retaliation, and to reduce risks of harm (8.9). need for accessibility may be best served by providing for the possib ssibili lity ty of anonymous us complaints laints, provided due process concerns are properly addressed

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WHY ACT

BECAUS USE E IT IS IS A HUMAN N RIGHT! HT!! ! Thank you