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EIB Complaints Mechanism

EIB Complaints Mechanism. Effectiveness of Non-Judicial Grievance Mechanisms. Amsterdam , 11 May 2016. Non-judicial Grievance Mechanisms. Independent Accountability Mechanisms of International Financial Institutions (IFI – IAMs). The EIB Complaints Mechanism.

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EIB Complaints Mechanism

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  1. EIB Complaints Mechanism Effectiveness of Non-Judicial Grievance Mechanisms Amsterdam, 11 May 2016 Communication & Outreach

  2. Non-judicial Grievance Mechanisms Independent Accountability Mechanisms of International Financial Institutions (IFI – IAMs) The EIB Complaints Mechanism Amsterdam

  3. The EIB and the EU multi-lateral governance Working within an institutional setup: • Council, Parliament • Court of Justice, Court of Auditors • Ombudsman, OLAF, EDPS • Commission Working on the basis of EU environmental and social legal framework: • EU Charter of Fundamental Rights • European Principles for Environment Subject to principles and practices laid down by Treaties and Conventions to which the EU subscribed: • e.g. Aarhus Convention Amsterdam

  4. UN Guiding Principles on Business and Human Rights UNGP are founded on the need for greater access to effective remedy (judicial and non-judicial) for victims of human rights abuses. UNGP 22 «Where business enterprises identify that they have caused or contributed to adverse impacts, they should provide for or cooperate in their remediation through legitimate processes» UNGP 28 «States should consider ways to facilitate access to effective non-State based grievance mechanisms dealing with business-related human rights harms.” UNGP 31 «Effectiveness criteria» (EC) (a) Legitimacy; (b) Accessibility; (c) Predictabillty; (d) Equitability; (e) Transparency; (f) Rights-compatibility; (g) continuous learning; Operational-level mechanisms’ additional EC: (h) Based on engagement and dialogue. Amsterdam

  5. The EIB Complaints Mechanism policy framework • EIB-CM Principles, Terms of Reference and Rules of Procedure(approved in 2008 and revised in 2010 by the EIB Board of Directors, following public consultation) • Memorandum of Understandingbetween the EO and the EIB (2008) • EIB-CM Operating Procedures(approved by the EIB Management Committee in 2011) • Review of the EIB-CM (proceduralsteps) Amsterdam

  6. EIB-CM key features • “Right to appeal” as a fundamental right of all EIB stakeholders • Based on a Memorandum of Understanding (MoU) signed between the EIB and the European Ombudsman • Two tiers mechanism: • Internal – Complaints Mechanism Division (operationally independent) • External – European Ombudsman (fully independent) • Complainants have to use the first tier and then may escalate if not happy with the outcome. • Principles - Recognition of EU institutional framework, Independence, Effectiveness, Accessibility, Transparency, Timeliness, Consultative Amsterdam

  7. Functions of the EIB-CM • Complaints Investigation (possibility of own initiative) • Mediation Function (formal/informal) • Advisory Function (within the scope of responsibilities) • Monitoring Function (in the context of past complaints) Amsterdam

  8. EIB-CM – What is “unique”? • One physical or legal person is enough (actio popularis) • Any EIB action and/or decision (not only project-related) • Two tiers approach (external review) • Concept of “maladministration” • Problem solving oriented Amsterdam

  9. Effectiveness and the two-tier process Amsterdam

  10. EIB-CM Statistics Amsterdam

  11. Breakdown of complaints by (i) complainant and (ii) region Amsterdam

  12. Protection of Human Rights 1EU multi-lateral governance • The EU Court (after the entry into force of the Charter) • The European Court of HumanRights (ECtHR) • The European Ombudsman (EO): concept of maladministration; OI/9/2014/MHZ (Own-initiative inquiry concerning the means through which Frontex ensures respect for fundamental rights in joint return operations - JRO) • The European Data Protection Supervisor (EDPS) • The EU Agency for FundamentalRights Amsterdam

  13. Protection of Human Rights 2The experience of the EIB-CM • Operational-level grievance mechanisms for project-affected people can be one effective means of enabling remediation, close to the community where the vulnus occurred. • Bujagali dam (Uganda): an insight in an operational-levelmechanism (blasting); • Cairo Metro (Egypt): technical assistance – recommendation and follow-up Amsterdam

  14. Global Challenges ahead On-going socialand cultural changes are raising people’s expectations with regard to participation, self-determination, and the fulfilment of human rights. The capability and desire of communities to assert their own vision of what constitutes progress through development will put extra pressure on IFIs’ accountability.   When it comes to the conformity of IFI-financed operations with human rights and social standards, there is room for strengthening the coordination amongst the IAMs as well as between public and private sector financial operators, to support the development of effective operational-based grievance mechanisms. Amsterdam

  15. Hartelijk dank!Roberto Randohttps://www.linkedin.com/in/robertorando Amsterdam

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