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economic development solely from a private sector perspective. Other development
finance institutions have narrow policy commitments regarding social and
environmental compliance that are often vague or aspirational and toothless. 13 The
Asian Infrastructure Investment Bank has one such vague commitment 14 that is
betrayed in the context of the ongoing financing of projects with serious human rights
violations, such as the Mandalika urban development and tourism initiative. 15
27. Standards and safeguards. While most development finance institutions have
established environmental and social policies that outline specific requirements for
project planning, design, implementation and performance, the alignment of the
institutions’ safeguards with international human rights and responsible business
conduct standards varies significantly. In recent years, there has been a trend towards
increased alignment of certain safeguards with international human rights standards. 16
For instance, the European Investment Bank standard on resettlement appears to align
with the Guiding Principles on Internal Displacement of the United Nations,
emphasizing that the Bank will not finance projects that infringe on rights or violate
human rights standards and will not tolerate forced evictions. 17 However, such
progress has often been undermined by increased competition among development
finance institutions and pressure for rapid project financing and implementation.
28. Safeguards often include criteria for land acquisition, compensation and
provisions for involuntary displacement and resettlement, usually requiring a
resettlement action plan and/or a livelihood restoration plan. 18 However, in recent
years, there has been a decline in safeguards regulating resettlement, notably with the
removal of resettlement action plans as a prerequisite for project financing. If projects
are approved without assessing whether resettlement can be avoided, and if there is
insufficient consultation and planning to ensure compliance with human rights norms,
the development finance institution and its project implementing partners may end up
defending poor decisions instead of revising project designs.
29. Involuntary resettlement. Development finance institutions continue to
authorize and fund involuntary resettlement where affected persons cannot refuse land
acquisition or restrictions on land use. This often results in human rights violations
and the impoverishment of affected communities. For example, the IFC performance
standards address displacement and resettlement under performance standard 5 on
land acquisition and involuntary resettlement. This standard acknowledges both
physical displacement (e.g. relocation or loss of shelter) and economic displacement
(e.g. loss of assets or livelihoods) resulting from project-related land acquisition or
restrictions. 19 It has faced criticism for lacking criteria for independent assessments
of whether a project is genuinely in the public interest before land expropriation. 20
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Office of the United Nations High Commissioner for Human Rights (OHCHR), Benchmarking
Study of Development Finance Institutions’ Safeguard Policies , February 2023.
Asian Infrastructure Investment Bank, Environmental and Social Framework , 2016, “Vision”,
para. 13.
See, for example, communications OTH 24/2021, OTH 17/2022, OTH 133/2022 and AL OTH
99/2023.
OHCHR, Benchmarking Study of Development Finance Institutions’ Safeguard Policies .
European Investment Bank, The EIB Group Environmental and Social Policy, 2022, paras. 3.2
and 4.5, and Environmental and Social Standards, 2022, standard 6, “Involuntary resettlement”,
paras. 48–50 and footnotes 16 and 17.
See, for example, International Finance Corporation (IFC), Handbook for Preparing a
Resettlement Action Plan, 2002. Available at https://documents1.worldbank.org/curated/en/
492791468153884773/pdf/246740PUB0REPL020020Box12600PUBLIC0.pdf .
IFC performance standard 5, 2012, “Introduction”. Available at www.ifc.org/content/dam/ifc/
doc/2010/2012-ifc-performance-standard-5-en.pdf.
OHCHR, Benchmarking Study of Development Finance Institutions’ Safeguard Policies .
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