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 __________________ 26 27 28 29 10/24 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. 24-15075

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