A/79/317
all financial intermediaries and their entire portfolios, extending to the intermediary’s
value chain and subprojects as, for example, the environmental, social and governance
standards of the African Development Bank and the European Bank for Reconstructi on
and Development require. 26 These safeguards should not be avoided through contractual
clauses in agreements with intermediaries or other project partners.
35. Accountability. Despite frequent allegations of rights abuses, there have been
few court cases involving international organizations or development finance
institutions owing to limited lender liability laws and jurisdictional immunities. A
recent case involving the alleged failure by IFC to ensure compliance with
environmental and social standards in a power plant project highlights the need for a
nuanced approach to immunity provisions, especially in cases involving large -scale
displacement. Although the Supreme Court of the United States of America ruled in
2019 that international organizations are not immune from lawsuits, 27 the case was
dismissed on the grounds that the claims were based on the actions of the IFC
corporate partner in India. 28
C.
International organizations
36. International organizations increasingly support or facilitate resettlement in
various capacities, including advisory roles, funding, implementation, monitoring and
capacity-building.
37. Frameworks and guidelines. United Nations entities such as the Office of the
United Nations High Commissioner for Refugees, the United Nations Development
Programme, the United Nations Human Settlements Programme (UN-Habitat) and
the Food and Agriculture Organization of the United Nations, as well as the
Organisation for Economic Co-operation and Development and the World Bank,
provide guidance and frameworks for resettlement. They offer financial resources and
technical assistance to countries undertaking resettlement projects in humanitarian
and development contexts. They also play a role in monitoring and ensuring
accountability for project impacts. International organizations are responsible for
upholding human rights standards, ensuring transparency and setting standards for
other resettlement actors. United Nations entities are particularly obligated to uphold
United Nations norms on human rights, and have long been required by the SecretaryGeneral and the General Assembly to mainstream human rights into their operations
and policies. Despite this, many of them are woefully short of upholding such standards.
38. For example, the United Nations Educational, Scientific and Cultural
Organization (UNESCO) is obligated to uphold human rights and fundamental
freedoms as outlined in article 1 of its constitution and in the Charter of the United
Nations. However, UNESCO and its World Heritage Committee 29 have faced
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28
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European Bank for Reconstruction and Development, Environmental and Social Policy, 2019,
performance requirement 9, “Financial intermediaries”; and African Development Bank,
Environmental and Social Policy, 2019, operational safeguard 9, “Financial intermediaries”.
Jam v. International Finance Corporation , No. 15-612, 2020 U.S. Dist. LEXIS 25923, 24
(D.D.C. 14 February 2020).
Michelle Harrison and Lindsay Bailey, “Ending ‘absolute immunity’ for the International Finance
Corporation: the legacy of Jam v. IFC”, Bretton Woods Project, 21 July 2022. Available at
www.brettonwoodsproject.org/2022/07/ending-absolute-immunity-for-the-international-financecorporation-the-legacy-of-jam-v-ifc.
According to the United Nations Educational, Scientific and Cultural Organization (UNESCO)
Operational Guidelines for the World Heritage Convention, States parties are encouraged to integrate
international human rights standards into their World Heritage -related programmes and activities.
UNESCO, Operational Guidelines for the Implementation of the World Heritage Convention
(document WHC.21/01), 2021, art. 14 bis; available at https://whc.unesco.org/en/guidelines.
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