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Human Rights, Environment and Access to Justice at International Financial Institutions

Human Rights, Environment and Access to Justice at International Financial Institutions Case: Paper Pulp Production Fray Bentos - Uruguay Uniting Social Movements with Strategic Advocacy and Litigation. Ence. Botnia. Rio Uruguay. Argentina. Uruguay. Principal Proponents.

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Human Rights, Environment and Access to Justice at International Financial Institutions

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  1. Human Rights, Environment and Access to Justice at International Financial Institutions Case: Paper Pulp Production Fray Bentos - Uruguay Uniting Social Movements with Strategic Advocacy and Litigation

  2. Ence Botnia Rio Uruguay Argentina Uruguay

  3. Principal Proponents • Companies - Botnia/ENCE • IFC • MIGA • Private Banks (ING / BBVA / Nordea / NIB) • Finnvera (Finnish Export Credit Agency) • Uruguayan Government (National and Local) Spain Netherlands Uruguayan Gov

  4. Entre RíosGov Gualeguaychu Assembly40,000 persons Taking to Bridge Argentine Gov Principal Oposition • Gualeguaychu Assembly (40,000 personas) (Public/Business/NGOs) • Select NGOs and Public in Uruguay • Argentine Government (National, Provincial and Municipal) • Uruguayan Prosecutor • Press • CEDHA UruguayanNGOs

  5. What to do?

  6. Possible Channels of Action • CAO • Inter-American Commission of Human Rights • European Commission for Violations to European Citizens • Spanish/Finish Courts (Finnvera - ECA) • Criminal Actions in Argentina against CEOs • International Court of Justice • Legal Action in Uruguay • Equator Bank Compliance Claim (to BBVA and ING) • OECD Guidelines for Multinational Enterprises • UN Human Rights Norms for Transnational Corporations • UN Global Compact • Generally on Corporate Social Responsibility Commitments Corte Internacional de Justicia

  7. Grounds of Action at CAO • Violations to Environmental and Social Safeguards • Violations to Disclosure Policy • Violations to International Waterways Policy • Poor Stakeholder Consultation • Poor EIAs • Violations of International Treaties

  8. Grounds of Action at IAHRC (for Responsibility of Uruguayan Gov. To Project) • Right to Life • Right to Physical Integrity • Rights of the Child • Judicial Process • Progressive Realization of ESCR • Right to Health • Right to a Healthy Environment • Access to Information • Access to Justice We asked for Preventive Measures

  9. Preliminary Success • Articulation with Social Movements • Press • Mission and Report of the CAO • Argentine Government Actions at WB/CAO • Suspension of Board Date @ WB • Investigation process initiated at IAHRC • Case to the Hague • Time

  10. Exploratory StrategiesArticulation of Actions Others? UN CSR CAO World BankBoard Safeguards IACHR Indep. Control Mechs OECD -NCPs Companies IFIs Human Rights Press Social Movements NGOs NationalGovernments Prvt Banks

  11. Jorge Daniel Taillant daniel@cedha.org.ar Center for Human Rights and Environment

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