The Challenged Relationship Between Development and Human Rights in the Context of World Bank Group’s Operations
摘要
The second chapter offers an in-depth analysis of the debate surrounding the political prohibition clauses embedded in the mandate of the World Bank Group. It argues that their recent evolving interpretation has advanced to a point where there are no longer substantial barriers preventing the Bank from directly engaging with human rights. However, it remains clear that, as the organization generally approaches human rights from a development perspective, emphasizing poverty reduction and sustainable economic growth as part of its mandate, it does not frame its commitment to human rights in an explicit way. Against this backdrop, the chapter provides a general overview of the functioning of World Bank Group’s core operations, focusing particularly on the operational instruments developed by the organization to address the environmental and social aspects related to its projects, better known as ‘safeguards’. Although originally conceived as guidelines intended solely for the staff’s internal use, they have become binding on the organization itself over time. Safeguards are also binding on borrowers, as they are incorporated into the agreements regulating disbursement. This ultimately entails that the organization must require any government or private business seeking financing to design the proposed project so that it meets the requirements outlined in the safeguards, which, therefore, function as a form of ex-ante conditionality during the pre-approval phase of the project. Furthermore, in the event of non-compliance during the implementation phase, the World Bank Group, which retains responsibility for overseeing project execution, is entitled to apply its general remedies, including suspension, withdrawal, or cancellation of undisbursed funds.