The World Bank, human rights, and organizational legitimacy strategies: The case of the 2016 Environmental and Social Framework

2019 ◽  
Vol 32 (3) ◽  
pp. 483-500
Author(s):  
María Victoria Cabrera Ormaza ◽  
Franz Christian Ebert

AbstractWhile civil society groups have been urging the World Bank to integrate human rights concepts into its policies, borrower countries have increasingly made the case for flexibility and deference to domestic standards in the implementation of bank-funded projects. This article analyses how the World Bank has navigated these conflicting legitimacy demands in the context of its 2016 Environmental and Social Framework (ESF). Drawing on insights from organizational sociology, we focus on practices of decoupling, which allow organizations to correspond to legitimacy demands by different audiences while not having to substantially adjust their core activities. The labour and indigenous peoples’ safeguards serve as cases in point. Specifically, the article argues that the Bank has decoupled its discourse concerning the ESF from the framework’s actual content by making statements about the ESF’s coherence with key human rights concepts which, upon closer scrutiny, do not fully correspond to its actual requirements. The article also shows how the design of the ESF furthers a decoupling of relevant requirements from its actual implementation. In particular, the confined scope ratione personae of the relevant safeguards and the discretion granted to the Bank’s staff and the borrower to add meaning to undefined key concepts may render their human rights-related requirements in a number of cases inconsequential. By and large, the decoupling practices identified regarding the Bank’s ESF entail problematic effects for the normativity of relevant human rights concepts and may, in the long run, undermine the Bank’s legitimacy as a whole.

2020 ◽  
Vol 53 (3) ◽  
pp. 223-244
Author(s):  
Stéphanie de Moerloose

The question of the consent of indigenous peoples is at least as old as colonization. Indeed, the consent of indigenous peoples was already an issue at the heart of treaty-making between colonial settlers and indigenous peoples. The issue of indigenous peoples’ consent, understood as their Free, Prior and Informed Consent (FPIC), has been re-emerging and gaining acceptance internationally in international Human Rights law over the last 30 years. When the new World Bank safeguards were adopted in 2016, one of the most discussed topics during the consultation rounds had been the integration in the safeguards of the concept of the FPIC of indigenous peoples, as it had been notoriously absent from the previous safeguards. Finally, FPIC was made part of the new safeguards. This paper first maps the concept of FPIC under international law from a postcolonial perspective. Then, it attempts to analyze the processes of operationalization of the concept by the World Bank in the new safeguards, drawing on Human Rights and on law and development literature. The paper argues that there is a tension between the re-emergence of FPIC as a customary norm and the fragmentation of the interpretations of the concept of consent by different actors. The operationalization of the concept of FPIC, understood as a negotiated process rather than a process of self-determination, may in fact limit its remedial objective and diminish its quality as a resistance tool.


2005 ◽  
Vol 18 (4) ◽  
pp. 717-745 ◽  
Author(s):  
THOMAS POGGE

Various human rights are widely recognized in codified and customary international law. These human rights promise all human beings protection against specific severe harms that might be inflicted on them domestically or by foreigners. Yet international law also establishes and maintains institutional structures that greatly contribute to violations of these human rights: fundamental components of international law systematically obstruct the aspirations of poor populations for democratic self-government, civil rights, and minimal economic sufficiency. And central international organizations, such as the WTO, the IMF, and the World Bank, are designed so that they systematically contribute to the persistence of severe poverty.


2000 ◽  
Vol 18 (1) ◽  
pp. 23-44
Author(s):  
J. Oloka-Onyango

In a bid to address the almost two decades of economic malaise and decline that Uganda had experienced in the 1970s and 1980s, Yoweri Museveni's National Resistance Movement adopted radical measures of economic adjustment under the tutelage of the World Bank and the International Monetary Fund. Although those measures resulted in significant economic growth – in GDP terms – this article argues that they failed to be conscious of basic principles of human rights relating to equality, non-discrimination and participation, and have consequently compounded the situation of poverty in the country. It further argues that the ‘non-party’ political system in existence further undermines the promotion and protection of fundamental human rights.


Sign in / Sign up

Export Citation Format

Share Document