Tag Archive for: Global Governance

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Impact of COVID-19 on the Sustainable Development Goals

(ONLY SPANISH) The COVID-19 pandemic has had an unprecedented global impact in the modern era. Many countries are in a health, economic and social emergency due to the negative consequences of the fight against the new coronavirus.

Undoubtedly, the Sustainable Development Goals (SDGs) established for the United Nations 2030 Agenda will be affected. In this paper we analyze some of the positive and negative impacts on the SDGs, although we anticipate that in general the outlook is negative, especially if we focus on the effects it will have on community health and the increase in inequalities due to the economic slowdown. world.

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Gender and International Financial Institutions: the case of the Inter-American Development Bank

This document proposes a descriptive and evaluative analysis of the implementation of the Gender Policy in the Inter-American Development Bank (IDB) and its main objective is to investigate such implementation based on the weaknesses and strengths identified in the Bank’s gender policy. , in order to continue making progress in incorporating elements and tools that guarantee women’s rights and diversity.

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CSOs point out the weaknesses of the new IDB Invest’s Environmental and Social Sustainability Policy

On December 15, the new IDB Invest Environmental and Social Sustainability Policy will take effect. Civil Society Organizations in the region issued a Public Declaration warning about the weaknesses that the new Policy presents.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

On April 10, IDB Invest approved the new Environmental and Social Sustainability Policy that takes effect tomorrow, December 15. After the process of face-to-face and virtual public consultations that the Bank carried out last year in which civil society organizations, peasant communities, indigenous peoples, and Afro-descendant peoples participated, at the end of May the new policy of the private arm of the IDB Group was presented.

Despite the participation, through the sending of comments, of interested parties in the period of face-to-face and virtual public consultations, in the new Policy there is little or even no incorporation of issues considered relevant. For this reason, and in the face of the weaknesses and limitations that the new Environmental and Social Sustainability Policy presents, the CSOs of the region issued a Public Declaration warning about the precariousness of the policy, the consequences that it would bring to the countries of the region and the setback it means compared to the previous Policy.

Among the main points that we highlight in the Declaration on the limitations of the new Policy are, firstly, the direct adoption of the Environmental and Social Performance Standards of the International Finance Corporation -CFI- dating from 2012, not including changes or adaptations to new realities, making them obsolete in the current context of environmental and social challenges faced by Latin America and the Caribbean.

Another important limitation is the absence of subsidiary and joint liability on the part of IDB Invest regarding the actions of the actors over whom it has influence, that is, it is detached from institutional responsibility in the face of the possible negative impacts that the activities it finances may cause where the responsibility will fall solely on the client. This means the weakening of environmental and social protections created in order to avoid the adverse impacts caused by the projects. Along these lines, IDB Invest omits its duty to “enforce”, which means that it reserves the right to decide in which cases it will apply corrective measures and in which not.

In addition, the Public Declaration highlights the vagueness and ambiguity of the language used in the new Policy since it favors the Bank to act according to what it deems pertinent as well as increases the risk of non-compliance by customers.

Finally, one of the most alarming points are the gaps in the commitments regarding the environment and the social. Regarding the environment, the commitment to mitigation is fragile since there are no express restrictions on greenhouse gas emissions -GEI-, just to mention one case. With regard to social matters, although the policy makes clear its commitment to promote good international practices, in matters such as Human Rights, Retaliation, Gender Risk Management and Equality, as well as Participation of Interested Parties and Disclosure of Information , a superficial and weak commitment is evident when addressing them. For example, in relation to human rights, essential rights such as economic, social and cultural rights or the right to a pollution-free environment are not mentioned.

Then, regarding stakeholder participation, no commitment is made to ensure timely, meaningful and culturally appropriate participation. The Policy undertakes to establish a system for receiving and monitoring complaints of retaliation, it does not detail a procedure to resolve them, nor does it follow the recommendations of the specialized guide prepared by the MICI for the management of retaliation and protection of environmental defenders and activists.

Finally, in gender risk management and equality, the Policy does incorporate the promotion of good practices but excludes the IDB Group’s Operational Policy on Gender Equality in Development, a significant setback that will increase inequality and risks for women. women and LGBTQ + people.

Among many other issues that are addressed in the Public Statement, it is extremely necessary for IDB Invest to be relentless in demanding compliance with environmental, social and transparency standards from its clients if it is truly to promote sustainable growth, reduce poverty. and the inequality of the region. With the current pandemic context and looking at the post-pandemic situation, IDB Invest cannot be flexible in the procedures of social and environmental evaluation and due diligence in the approvals of financing operations since this is the only way to achieve sustainable development and reduce the environmental and social crisis in which Latin America and the Caribbean finds itself.

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Analysis of the cases submitted to the Independent Consultation and Investigation Mechanism (MICI) in the 2014-2020 period

This document analyzes the operation of the Inter-American Development Bank mechanism: Independent Consultation and Investigation Mechanism -MICI-. For this, not only the MICI policy is taken into account, but also the number of cases submitted to the mechanism, how many have been registered and considered eligible and how many have not, why they have not been considered, the countries with the most complaints, the reasons why complaints have been rejected, among other parameters. All this with the objective of observing how clear and precise the MICI Policy is for the communities affected by the projects financed by the IDB and IDB Invest.

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Analysis of the IDB Invest Gender Risk Assessment Tool

This document proposes a descriptive and evaluative analysis of the recently published (2020) “Gender Risk Assessment Tool” (HERG) of the IDB Invest, which is a gender plan for companies to evaluate the impact of their projects on gender issues and structure prevention processes.

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Analysis of the new Environmental and Social Policy Framework of the Inter-American Development Bank, from a gender perspective

This document analyzes those issues that have been incorporated and the aspects that have not been incorporated and / or modified from the public consultation process carried out by the IDB. In particular, it emphasizes the need to guarantee the rights of girls, adolescents, women and LGBTTTQ + people so that the human rights of all people are effectively respected and guaranteed (Only spanish)

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Why does Argentina still not have a National Action Plan on Business and Human Rights?

In the sixth session of the United Nations Intergovernmental Working Group on Business and Human Rights, negotiations were held on the second legally binding treaty to regulate the activity of transnational companies. There is still time for this instrument to come into force, so it is still important that Argentina finalize the review of its National Plan of Action on Business and Human Rights so that the State exercises its responsibility to disseminate and implement the Guiding Principles on the business and human rights.

The United Nations Guiding Principles on Business and Human Rights have emerged as a global standard for businesses and governments to prevent and address business-related human rights violations.

Next year, the Principles will be 10 years old, for this reason, the UN Intergovernmental Working Group, in charge of preparing a legally binding treaty on this matter, has launched in the middle of this year a new project ‘UNGPs10 + / NextdecadeBHR’ with the purpose of outlining the steps to follow for the next 10 years in the area of ​​business and human rights. In addition, it will take stock of the achievements obtained so far and analyze future challenges and existing gaps.

However, the Guiding Principles have worked and function as guides for States and businesses on how to protect and respect human rights and how to make reparation for victims. But, often, the distance between what the Principles have is usually far from the internal regulations of each State. For this reason, many countries have developed National Action Plans -PAN- so that the States are responsible for the dissemination and implementation of the Guiding Principles. Also, the NAPs serve as instruments of change capable of adapting to the local context but they do not hold transnational companies responsible for human rights violations, which is why it is relevant to have a legally binding treaty on this matter.

Thus, efforts to develop a legally binding treaty on business and human rights began in 2014. Since then, the Intergovernmental Working Group has worked to perfect this instrument by improving the content, scope, nature and form of the instrument. Last year, the Revised Draft of the binding treaty was published and discussed at the Annual Forum held in October 2019. In August this year, the Chair of the Intergovernmental Working Group published the Second Revised Draft of the legally binding instrument to regulate the activities of the companies and in October the sixth period of negotiations between the parties involved will be held.

However, until the approval and adoption of the Treaty by the States, the preparation and application of the NAPs continues to be necessary. So how is Argentina doing on this issue?

On the website of The Danish Institute for Human Rights, there is a map that details which countries already have a NAP, which are developing it, and which have other non-state initiatives. Argentina is in the group of countries that is still developing its National Action Plan. Consequently, and due to the importance of having a NAP, in September we made a request for information to the national government, consulting the status of the Argentine National Action Plan on companies and human rights. The response was provided in two parts, first in late September and then the information was completed in mid-October.

The Argentine PAN has already been prepared and for it to enter into force a decree from the President of the Nation is necessary. However, the Nation reported that the Draft Decree for the approval of the National Business and Human Rights Action Plan is under review by government authorities. Moreover, it has not yet been defined whether the participation of civil society through public consultations will be allowed, which is necessary to achieve a greater commitment to guarantee the respect and protection of human rights by the State and companies. transnational corporations and effective remedies for the victims.

When consulting on the position of the national government regarding the legally binding instrument, the Ministry of Foreign Relations replied that Argentina abstained from Resolution 26/9 of 2014, which approves the constitution of an Intergovernmental Working Group for the purpose to develop a legally binding international instrument to regulate the activities of transnational corporations and other commercial companies with respect to human rights. However, Argentina has participated in all the sessions held by the working group and was present at the last session in October this year.

So, it is not only necessary and urgent that the UN Working Group advance in the elaboration and conclusion of the Treaty, it is also urgent that Argentina do the same with its National Plan of Action on business and human rights. As the plans are oriented according to the Guiding Principles, elaborated according to the context of each State, they must be the product of transparent, participatory processes and open to dialogue. For this reason, it is essential that the National Government jointly review with civil society, academia, unions and other interested parties, the draft of the PAN so that it effectively serves as an instrument in the elimination of obstacles and in the promotion of good practices in the compliance with human rights related to business activities.

From Fundeps we will continue to monitor the process of elaboration of the Argentine PAN as well as the International Legally Binding Treaty on transnational companies and human rights.

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  • Sofia Brocanelli

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9th Annual Forum on Business and Human Rights

From today until Wednesday, November 18, the 9th Annual United Nations Forum on Business and Human Rights will take place virtually.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

Today and until Wednesday, the 9th Annual Forum on Business and Human Rights organized by the United Nations High Commissioner for Human Rights takes place. Due to the pandemic, this year, the Forum will be held virtually, allowing greater participation of organizations and communities from different parts of the world. Under normal circumstances, face-to-face participation in this forum is difficult due to distances and economic issues, so its realization in a virtual format means a great advance.

The theme of this year’s event is “Preventing Business-Related Human Rights Abuses: The Key to a Sustainable Future for People and the Planet”. The Forum brings together companies, investors, government representatives, civil society organizations, community groups, UN agencies, national human rights institutions, unions, academies and the media.

However, due to the Covid-19 pandemic, the Forum will consider how States and the business community should respond to it in a way that respects and protects human rights as well as the need to build a sustainable and people-centered recovery. .

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Gonzalo Roza, gon.roza@fundeps.org 

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The First Finance in Common Summit was held, which brought together the world’s public development banks

The Finance in Common Summit, held from November 9 to 12, is the first global summit to be attended by all the world’s development banks and multilateral institutions. Civil society organizations from different regions have demonstrated in the absence of human rights and the voices of the communities on the event’s agenda.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

Between November 9 and 12, 2020, the Finance in Common Summit was held, which was attended by 450 Public Development Banks of the world, multilateral institutions, heads of State, representatives of the private sector, civil society, academia, among others. The event was an initiative of the World Federation of Financial Institutions for Development -FEMIDE- and the International Development Finance Club -IDFC-. It was sponsored by the President of France, Emmanuel Macron and by the French Development Agency -AFD; and counted with the participation of the Secretary General of the United Nations, António Guterres.

The summit focused on the crucial role that Public Development Banks play as capable and necessary actors to provide a collective response to global challenges, agreeing on short-term sustainable recovery measures on the COVID-19 crisis and with an impact on long-term in the environment and in societies. However, the Summit’s agenda did not address human rights, rights that are constantly violated and violated by the investments of development banks. Thus, indigenous peoples, Afro-descendant communities, local communities, and human rights defenders did not have a space to express their concerns and concerns.

This, despite the fact that in September, more than 200 civil society organizations from around the world sent a letter to the French Development Agency requesting that the principles of development that is focused on rights be included and prioritized. humans. Due to the lack of response, CSOs issued a Joint Declaration calling on Public Development Banks -BPD- to invest their financial resources in building a just, equitable, inclusive and sustainable future for all societies in the world. 

This summit should be an opportunity for development banks to modify the way they operate and place democracy, inclusion, equality, solidarity and the common good as the axis of their actions. It is urgent that PDBs commit to financing for fair, equitable and sustainable development, promoting and guaranteeing human rights for all, without neglecting vulnerable and marginalized communities.

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Gonzalo Roza, gon.roza@fundeps.org
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Virtual meetings on Gender and International Financial Institutions

Two virtual meetings to learn about the world of the IFIs, their accountability mechanisms, and share useful tools with feminist organizations in the region.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

The international financial institutions -IFIs- are one of the most important actors for the countries of Latin America and the Caribbean in terms of project financing. However, it is necessary for the IFIs to have Gender Policies and mainstream the gender perspective in the design, development and execution of the projects they finance, and consider the gender-differentiated impacts they cause.

For this reason, we launched two virtual meetings in which we will learn about the IFIs and share useful tools for organizations made up of diverse and dissident feminities and identities to build capacity to monitor the projects financed by them.

In the first meeting, we will get closer to the world of the IFIs and their accountability mechanisms. It will take place on Tuesday, November 10, at 4:00 p.m. Argentina.

In the second meeting, we will provide tools to obtain information and monitor projects financed by development financial institutions. It will be held on November 17 at 4:00 p.m.

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The incorporation of Argentina to the Asian Infrastructure Investment Bank was approved

Today, October 28, the Argentine Chamber of Deputies approved the bill to enter our country into the Asian Infrastructure Investment Bank. Thus, the incorporation of Argentina as a Non-regional Member to the bank is made effective.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

On September 3, the Argentine Senate approved the bill for the entry of the Argentine Republic to the Asian Infrastructure Investment Bank -AIIB-. The approval of the law was carried out today, October 28, in the Chamber of Deputies by 235 positive votes and 4 negative votes.

The management for Argentina to form part of the Bank began in the first Forum ‘One Strip and One Route for International Cooperation’ held in 2017, in which the previous government management affirmed the country’s intention to be part of the AIIB and the The Bank’s Board of Directors approved the admission of Argentina to the Institution.

The Asian Bank was born in 2015 at the initiative of China and began operating in January 2016. It has 102 members from different regions of the world. AIIB is a multilateral financial institution and, between completed and ongoing projects, has already financed 138 infrastructure projects.

For Argentina, joining the AIIB means an additional alternative to access financing for infrastructure works through a new multilateral organization. However, although it has been proposed as a different alternative to Western multilateral banking, the AIIB does not escape the logic, operation and even institutional structure that characterizes institutions such as the World Bank, the International Finance Corporation or the Inter-American Development Bank. . In this sense, from civil society, criticisms and questions have been raised regarding the transparency, accountability and environmental sustainability of the projects financed by the bank, which should be taken into account by Argentina when receiving financing of this institution.

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Gonzalo Roza, gon.roza@fundeps.org

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The IDB approved its new Environmental and Social Policy Framework

The process of modernizing the IDB’s environmental and social policies began in January of this year with the first stage of face-to-face and virtual public consultations in the different countries. In Argentina, the face-to-face consultation was held in March in Buenos Aires and the process for submitting comments ended in mid-April. From Fundeps, we prepared and presented to the IDB a document with comments to the MPAS from a gender perspective. In addition, with more than 50 civil society organizations in the region, we sent the IDB a document with recommendations to the MPAS.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

In mid-July, the IDB published the second draft of the MPAS and began the second stage of virtual consultations for a period of 30 days. In this second stage of consultations, we sent a new document with comments on the second draft of the MPAS from a gender perspective.

The process of modernizing the Bank’s environmental and social policies ended on September 16 when the IDB’s Board of Executive Directors approved the new Environmental and Social Policy Framework -MPAS-. From now on, the IDB begins a period of one year to prepare clients for the implementation of the new framework.

With the new MPAS already approved, it is pertinent to analyze which have been the main modifications incorporated during the process, based on the intervention and active participation of an important group of civil society organizations in the region.

Thus, according to the analysis carried out by the Bank Information Center, the main modifications incorporated in the new Framework have been, in part, the product of the recommendations and suggestions made by the CSOs that make up the Working Group on the IDB. In general terms, one of the main changes in the MPAS Political Declaration stands out as the Bank’s commitment to improve stakeholder participation in accordance with the obligation to respect the right of access to information, participation and justice in environmental issues consistent with the principles of the Escazú Agreement.

Another positive point is the incorporation of the principle of “doing good beyond causing harm” which implies increasing the benefits of sustainable development by asking the borrower to report how the project design will improve the environment and the social issue. In addition, the Bank will carry out its own due diligence taking into account the commitment, history and capacity of the borrower in the development and implementation of the financial operation.

In terms of supervision and monitoring, in the event of noncompliance with social and environmental performance standards, the IDB will work with the borrower by providing technical assistance and greater monitoring of the Bank and stakeholders to achieve compliance with the standards of MPAS performance. On the other hand, regarding the complaint and accountability mechanisms, the Bank added a new provision to the MPAS in which it undertakes not to tolerate any type of retaliation against those who express their opinion and / or opposition to a project financed by the IDB. Thus, a complaint mechanism is established at the project level, in which the borrower must take into account physical, sensory, and cognitive needs of the people who participate.

An important addition to the new MPAS is the exclusion list of activities consistent with the commitments adopted by the IDB to address climate change, that is, it will not finance activities that involve the exploration of oil and gas or the production of energy from the use of the Coal.

Main additions to performance standards

General and gender modifications are highlighted in the Performance Standards (ND), namely:

  • PS 1 Evaluation and Management of Environmental and Social Risks and Impacts: must be applied to all projects financed by the IDB. In addition, the borrower must consider risks and impacts related to human rights, gender, natural hazards, and climate change. In identifying risks and impacts, the borrower has to consider the direct, indirect and cumulative environmental and social impacts of the project. It must also identify the various historically disadvantaged cross-cutting groups in Latin America and the Caribbean, such as women, people of diverse sexual and gender orientation, people with disabilities, Afro-descendants, and indigenous peoples, and implement measures to avoid differentiated impacts on them. The description of the types of risks that the standard makes is highlighted, since by mentioning each of the possible risks, it helps to make them visible and makes the borrower responsible for taking action in this regard.
  • PS 2 Work and Working Conditions: special measures for protection and assistance were incorporated and to address violence, harassment, intimidation and exploitation towards women and people with different sexual orientations and gender identity, people with disabilities, children and migrant workers . In addition, the borrower has the obligation to provide a grievance mechanism for workers in which they can express their concerns and so that they can make complaints of sexual and gender-based violence. On the other hand, this standard, despite the recommendations made, is narrated from an androcentric perspective that does not integrate the needs of girls, adolescents, women and LGTTTBIQ + people. This highlights the lack of a gender perspective that is transversal to all performance standards.
  • PS 3 Resource Efficiency and Pollution Prevention: greater emphasis is placed on the mitigation hierarchy and the “polluter pays” principle. The concept and practice of the circular economy is also recognized. On the other hand, this norm recognizes the disproportionate impact that pollution has on women, children, the elderly, and the poor and vulnerable, however, it continues without making reference to norm 9 on gender equality.
  • PS 4 Community Health and Safety: includes the requirement for the borrower to perform a more detailed analysis of the risk assessment and make adjustments to prevent injuries and illnesses when there are risks that may be adverse to the health, safety and well-being of the people. Regarding gender, the standard refers to PS 9 regarding the requirements to address the risks of sexual and gender-based violence in cases of communal conflict and influx of external workers.
  • PS 5 Land Acquisition and Involuntary Resettlement: in the case of this rule, there is inconsistency with respect to the concept of involuntary resettlement found in the glossary and the one described in the rule. The definition of the glossary is the product of the recommendation made by CSOs where it is defined as “involuntary resettlement when the people affected by the project do not have or cannot exercise the right to reject the acquisition of land or restrictions on the use of land that resulting from a physical or economic displacement ”, on the other hand, in this PS it is defined as“ involuntary when the people affected by the project do not have the right to reject the acquisition of land… ”. On the other hand, the recognition of women as owners in the event of displacement has been an advance. Another limitation in the regulation is that it should not be limited to considering the requirements related to Indigenous Peoples, gender equality and stakeholder participation in accordance with PS 7, 9 and 10, but must include them.
  • PS 6 Biodiversity Conservation and Sustainable Management of Living Natural Resources: highlights that PS 1’s risk and impact identification process must consider project-related cumulative impacts on biodiversity and the ecosystem and identify any significant residual impacts . In addition, it provides a more complete definition of critical habitat as it includes legally protected areas or internationally recognized areas of high biodiversity value. Regarding the issue of the gender perspective, this standard continues to require its mainstreaming and the incorporation of the reference to PS 9.
  • PS 7 Indigenous Peoples: is aligned with internationally recognized standards. In addition, it adds that the borrower must respect the rights of indigenous peoples in accordance with national legislation, international law, or indigenous legal systems. On the other hand, in accordance with participation and consent, the requirement is included to use indigenous consultation and participation protocols to ensure their representation as well as that of indigenous women and people of diverse sexual orientation and gender identities. Also, in the evaluation and documentation of the resources of the indigenous communities affected by a project, it is required that it be inclusive in gender and consider the role of women in the management and use of resources.
  • PS 9 Gender Equality: the term Gender Violence was replaced by a more comprehensive and comprehensive term: Sexual and Gender Violence. The recognition that unpaid care work falls on women is highlighted, which hinders the achievement of gender equality and the economic empowerment of women. Another point to note is that the borrower should evaluate the project for potential gender-based impacts and risks that disproportionately affect women, girls, and sexual and gender minorities, and if risks and impacts are identified, the borrower should conduct a Gender Analysis as part of environmental and social due diligence. On the other hand, regarding consultations, the borrower is required to identify and address the obstacles faced by women and people of different sexual orientation and gender identities, ensuring equitable participation.
  • PS 10 Stakeholder Participation and Disclosure of Information: the new PS 10 is consistent with the implementation of rights of access to environmental information, public participation in environmental decision-making as well as access to environmental justice of the Escazú Agreement. Like PS 1, this rule should be applied to all projects financed by the Bank. Regarding gender, the incorporation of PS 9 is considered a great advance in mainstreaming the gender perspective.

The balance that can be made with respect to the new IDB Environmental and Social Policy Framework, compared to the initial version proposed by the Bank at the beginning of the review process, could be considered quite positive, since it is widely incorporated of the recommendations made by CSOs to MPAS during the consultation process. This, despite the shortcomings and problems presented by the public consultation process carried out by the Bank and which was repeatedly highlighted by CSOs in the region as a necessary aspect to improve.

It remains to be seen whether the positive changes introduced in the new MPAS will effectively result in a strengthening of the institution’s social and environmental standards, a necessary issue due to the context of weakening environmental and social standards that the region is going through, and the challenges and threats looming in this regard in a context of post-pandemic Covid-19 economic reactivation. In this sense, the way in which this new framework is implemented and how its application will work in practice will be key. In this regard, it is a priority for the Bank to improve the way in which it engages and relates to civil society and affected communities, and makes them active participants in the process of implementing the new environmental and social framework.

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Author

  • Sofia Brocanelli

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