Pitfalls and Pipelines - Philippine Indigenous Peoples Links

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284 Pitfalls and Pipelines: Indigenous Peoples and Extractive Industries Complaints can only be made by a “community of persons,” but that can be up to two individuals with a common interest. There are a number of conditions, including the need to have raised the issue with local World Bank staff before submitting a complaint. The Panel will then report to the Board of the World Bank, who must respond and indicate how it plans to address the Panel’s findings, usually in the form of an action plan, which will be made public. More advice on complaints to the Panel can be read in the International Federation for Human Rights’ “Corporate Accountability and Human Rights Abuses.” 43 There are then a number of regional public development banks that could be financing a project, and all have their own specific complaints mechanisms. The Inter-American Development Bank (IDB) has the Independent Consultation and Investigation Mechanism (ICIM), which works around a two-stage process of consultation and compliance review. The IDB publishes comprehensive guidance on this system. 44 The African Development Bank (AfDB) has put in place an Independent Review Mechanism (IRM) operated by the Compliance Review and Mediation Unit (CRMU). An overview and the Operating Rules and Procedures, which spell out how to complaint, are available on their website. 45 The Asian Development Bank (ADB) has an Accountability Mechanism, which consists of two separate but related functions: a consultation phase under the Office of Special Project Facilitator (OSPF) and a compliance review phase under the Office of the Compliance Review Panel (OCRP). An overview and more details of both are provided by the ADB. 46 The European Investment Bank (EIB) has a complaint mechanism composed of the EIB Complaints Office and of the European Ombudsman. The former is an internal mechanism, independent from operational activities; the latter is an external and independent mechanism. More details are available at their website. 47 The European Bank for Reconstruction and Development (EBRD) produces a publication describing its so-called Problem Solving Mechanism. 48 Finally in the public sector, there may be funding associated with government export credit agencies (ECAs),
Chapter 2.7: International Processes and Complaints Mechanisms 285 through government-backed loans, guarantees and insurance to corporations. It is a long-standing complaint that ECAs rarely consider social and environmental standards in their decision making processes. Although this is changing thanks to societal pressure the situation is different depending on the government involved. The International Federation for Human Rights’ “Corporate Accountability and Human Rights Abuses” covers complaints mechanisms to some of the major ECAs, namely Export Development Canada (EDC), the USA’s Overseas Private Investment Corporation (OPIC) and the UK’s Export Credits Guarantee Department (ECGD). 49 There are mechanisms in the private sector, such as the Principles for Responsible Investment, which is a code of the conduct for socially responsibly investors. Of more potential use for activists are the Equator Principles. These are a set of principles established in 2003 by a number of major banks, who have become known as the Equator Banks. They are essentially a set of 10 voluntary environmental and social standards covering major projects, on issues such as consultation, grievance mechanisms and transparency. The first version of the Principles only applied to projects exceeding US$50 million, and concerned only a dozen international banks. The new version of the Guidelines are based on the safeguards developed by the World Bank’s IFC. From January 2012, the Equator Principles refer to the revised IFC Performance Standards adopted in 2011, and therefore to FPIC. The new Principles now apply to investment in all projects exceeding $10 million dollars, funded by 74 banks in 30 countries. 50 A third version of the Principles, which explicitly deal with the issue of FPIC in response to updates from the IFC, are being publicly reviewed at the time of writing. 51 The problem with the Principles is that, unlike the IFC, they have no independent review or recourse mechanism, and they can be a little vague and limited in their application as well. Still, activists should ensure that any breach of the principles is reported to the financier in question, and behave—to all intents and purposes—as if there is a complaints mechanism. Direct complaints to private banks who are financing projects should also be possible. The larger ones will have their
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Pitfalls and Pipelines - Philippine Indigenous Peoples Links

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