JOBNAME: Fujita PAGE: SESS: OUTPUT: Wed Jun 26 11:28:52 2013 The World Bank, Asian Development Bank and Human Rights www.ebook3000.com Columns Design XML Ltd / Job: Fujita-The_World_Bank / Division: 01_Prelims /Pg Position: / Date: 17/5 JOBNAME: Fujita PAGE: SESS: OUTPUT: Wed Jun 26 11:28:52 2013 Columns Design XML Ltd / Job: Fujita-The_World_Bank / Division: 01_Prelims /Pg Position: / Date: 17/5 JOBNAME: Fujita PAGE: SESS: OUTPUT: Wed Jun 26 11:28:52 2013 The World Bank, Asian Development Bank and Human Rights Developing Standards of Transparency, Participation and Accountability Sanae Fujita University of Essex, UK and Visiting Scholar, Aoyama Gakuin University, Tokyo, Japan Edward Elgar Cheltenham, UK + Northampton, MA, USA www.ebook3000.com Columns Design XML Ltd / Job: Fujita-The_World_Bank / Division: 01_Prelims /Pg Position: / Date: 18/6 JOBNAME: Fujita PAGE: SESS: OUTPUT: Wed Jun 26 11:28:52 2013 © Sanae Fujita 2013 All rights reserved No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical or photocopying, recording, or otherwise without the prior permission of the publisher Published by Edward Elgar Publishing Limited The Lypiatts 15 Lansdown Road Cheltenham Glos GL50 2JA UK Edward Elgar Publishing, Inc William Pratt House Dewey Court Northampton Massachusetts 01060 USA A catalogue record for this book is available from the British Library Library of Congress Control Number: 2012952874 This book is available electronically in the ElgarOnline.com Law Subject Collection, E-ISBN 978 78100 605 ISBN 978 84980 424 06 Typeset by Columns Design XML Ltd, Reading Printed and bound in Great Britain by T.J International Ltd, Padstow Columns Design XML Ltd / Job: Fujita-The_World_Bank / Division: 01_Prelims /Pg Position: / Date: 18/6 JOBNAME: Fujita PAGE: SESS: OUTPUT: Wed Jun 26 11:28:52 2013 Contents Foreword by Paul Hunt Acknowledgements List of abbreviations About the author vi viii x xiii Introduction 1 The World Bank, Asian Development Bank and human rights Human rights critique of the World Bank and Asian Development Bank’s information disclosure policy Human rights critique of the World Bank and Asian Development Bank’s participation policy Human rights critique of the World Bank and Asian Development Bank’s inspection policy Case studies: Human rights analysis of inspection cases of the World Bank and Asian Development Bank 20 85 147 196 245 Conclusion 280 Bibliography Index 287 315 v www.ebook3000.com Columns Design XML Ltd / Job: Fujita-The_World_Bank / Division: 01_Prelims /Pg Position: / Date: 20/5 JOBNAME: Fujita PAGE: SESS: OUTPUT: Wed Jun 26 11:28:52 2013 Foreword The activities of international financial institutions exact a profound influence on the enjoyment of human rights In recent years, research and legal scholarship has made significant progress in developing a better understanding of the human rights impact of these institutions, as well as their obligations under international law The focus, however, has been on the roles of the World Bank and the International Monetary Fund due to the reach and scope of their activities The regional development banks have not been subject to comparable, rigorous, in-depth academic scrutiny through a human rights ‘lens’ In examining the Asian Development Bank (ADB), this book takes an important, timely and welcome step towards addressing this omission Transparency, participation and accountability are crucial to the realisation of other human rights The human rights community has been slow to move from espousing such human rights to proposing practical measures through which development practitioners and international financial institutions may implement them In the development context, human rights are often seen as without practical application and Dr Sanae Fujita responds to this compelling criticism Drawing on jurisprudence, and analysing the work of development institutions, she offers standards on the applicability of transparency, participation and accountability to the day-to-day operations of the World Bank and ADB; illustrates how these norms can enhance the Banks’ activities; and suggests how they might be achieved in practice, for example, by inclusion in operational manuals By using World Bank and ADB case studies, Dr Fujita describes how human rights standards would enhance the Banks’ operational activities Adopting a human rights perspective, she considers some of the controversial projects implemented by these Banks and explains how the application of human rights standards could have prevented, or at least mitigated, some of the problems generated by these initiatives From its inception, the ADB has been significantly influenced by Japan, with a majority of its high-level staff, including all presidents, being Japanese As a native Japanese speaker, Dr Fujita was able to interview ADB personnel whose views are rarely examined in the vi Columns Design XML Ltd / Job: Fujita-The_World_Bank / Division: 01_Prelims /Pg Position: / Date: 26/6 JOBNAME: Fujita PAGE: SESS: OUTPUT: Wed Jun 26 11:28:52 2013 Foreword vii existing English literature She also conducted face-to-face interviews with World Bank staff, consultants to international financial institutions and representatives of key civil society organisations Through her extensive interviews, Dr Fujita obtained valuable information much of which has not previously been seen in the public domain The author was also involved in the review processes of some of these Banks’ policies The insights gained from these experiences deepens her understanding and analysis, enabling readers to more fully appreciate and comprehend the complexity of protecting human rights with donor countries, borrowing countries, bank management and civil society organisations having different interests and priorities Dr Fujita reminds us of the critically important role that human rights can play Opening up new perspectives, this book is a major and original contribution to the literature Professor Paul Hunt School of Law, Human Rights Centre University of Essex www.ebook3000.com Columns Design XML Ltd / Job: Fujita-The_World_Bank / Division: 01_Prelims /Pg Position: / Date: 26/6 JOBNAME: Fujita PAGE: SESS: OUTPUT: Wed Jun 26 11:28:52 2013 Acknowledgements This book is based on my PhD thesis from the University of Essex, which was successfully defended in February 2008 Although it is impossible to make a complete list of people who have made contributions to this lengthy project, I would like to take this opportunity to express my appreciation, especially to the following people An enormous amount of gratitude goes to Professors Paul Hunt and Janet Dine, who were my PhD supervisors Professor Hunt has inspired me immensely through our discussions and professional lectures During and after my doctorate, he also gave me many opportunities to attend UN and other human rights meetings, which turned out to be valuable occasions for obtaining information and ideas that were essential for the research for this book I thank Professor Dine for our weekly conversations, and for her encouragement, which assisted me greatly in keeping me motivated throughout the long and isolated journey of preparing a PhD thesis During and after my doctorate, she continued to provide me with insights which deepened my understanding of my research I thank her for her support and advice while I was turning my PhD thesis into a book I would also like to sincerely thank Professor Sigrun Skogly who, having examined my thesis, provided valuable comments in the process of turning it into a book I also thank Dr Mac Darrow for his encouragement for my research and publication of my thesis as a book I thank Professor Sheldon Leader who supervised my LLM at the University of Essex where I began researching International Financial Institutions (IFIs) and Human Rights He encouraged me to continue to develop this theme for my doctorate, even though I originally intended to choose a different theme I appreciate his insightful guidance I also wish to thank Professor Ian Nearly for drawing my attention to “Japanese IFI” – Asian Development Bank (ADB) I am very grateful to Professors Yozo Yokota and Kaoru Obata for their advice which deepened my understanding of the research and their encouragement to pursue my PhD in the UK My work has also benefited from invaluable information and comments provided by Professor David Hunter, Dr Margot Salomon, Dr Sejal Parmar and Professor John viii Columns Design XML Ltd / Job: Fujita-The_World_Bank / Division: 01_Prelims /Pg Position: / Date: 17/5 JOBNAME: Fujita PAGE: SESS: OUTPUT: Wed Jun 26 11:28:52 2013 Acknowledgements ix Packer My appreciation is extended also to Professors Sato Kan Hiroshi, Yoshiaki Nishikawa and Atsuko Ohashi for their assistance in deepening my understanding of issues of “participation” Finally, I would like to express my sincere gratitude to the late Professor Kevin Boyle He served as a great advisor to my research both during and after my doctorate Even a few weeks before his untimely death, I was privileged to discuss with him the information disclosure policies of IFIs, and I learned from his unlimited enthusiasm of human rights issues and was given warm encouragement to complete my book I thank his family as well for their friendship and have many precious memories from those times in Essex They even accommodated me for a few days while I finalised this book Most importantly, my appreciation goes to my family and friends in Japan Both intellectually and emotionally, they have been a great support Lastly, I wish to thank my colleagues at the University of Essex Our stimulating discussions have always played an important part in my research I was privileged to have conversations and to conduct interviews to supplement my research based on primary and secondary literature I was able to conduct interviews with Executive Directors and high level personnel of ADB in its annual meetings, consultations with civil society, and ADB’s headquarters office in Manila In addition, I benefitted from fruitful communication with personnel of the World Bank (former and current), consultants and staff of ADB, and civil society organisations which monitor these banks Some interviewees requested anonymity which has been respected www.ebook3000.com Columns Design XML Ltd / Job: Fujita-The_World_Bank / Division: 01_Prelims /Pg Position: / Date: 17/5 JOBNAME: Fujita PAGE: 10 SESS: OUTPUT: Wed Jun 26 11:28:52 2013 Abbreviations ACHR ADB AP ASEAN BCRC BIC BP CAS CDD CEDAW American Convention on Human Rights Asian Development Bank Affected Persons Association of Southeast Asian Nations Board Compliance Review Committee Board Inspection Committee Bank Policies Country Assistance Strategies Community Driven Development International Convention on the Elimination of All Forms of Discrimination Against Women Convention on the Elimination of All Forms of Racial Discrimination Committee on Economic, Social and Cultural Rights Commission on Human Rights Commonwealth Human Rights Initiative Canadian International Development Agency Country Partnership Strategy Compliance Review Panel China Western Poverty Reduction Project Developing Member Country Environmental Assessment European Bank for Reconstruction and Development European Convention for the Protection of Human Rights and Fundamental Freedoms Environmental Impact Assessment Environmental Management Plan Environmentally Sensitive European Union Free Prior and Informed Consent General Assembly (of the UN) Good Practices Global Transparency Initiative Heavily Indebted Poor Country CERD CESCR CHR CHRI CIDA CPS CRP CWPRP DMC EA EBRD ECHR EIA EMP ES EU FPIC GA GPs GTI HIPC x Columns Design XML Ltd / Job: Fujita-The_World_Bank / Division: 01_Prelims /Pg Position: / Date: 18/6 ... List of abbreviations About the author vi viii x xiii Introduction 1 The World Bank, Asian Development Bank and human rights Human rights critique of the World Bank and Asian Development Bank? ??s... information disclosure policy Human rights critique of the World Bank and Asian Development Bank? ??s participation policy Human rights critique of the World Bank and Asian Development Bank? ??s inspection policy... 11:28:52 2013 The World Bank, Asian Development Bank and human rights 25 the “technical and functional character” of the Bank established by the Articles of Agreement: The purposes of the Bank set