The concept of human rights is something which is well understood throughout the world and enshrined in the laws of almost every country. Additionally, within Latin America and the Caribbean, many states have ratified strong regional human rights standards. Human rights are also central to the IDB’s mission of improving lives and bringing sustainable development to the region, which is why they are at the heart of the Bank’s new Environmental and Social Policy Framework (ESPF). But how can we understand and address human rights risks in development projects?
From one perspective, the enjoyment of human rights could be seen as merely a legal matter, but the IDB recognizes that there is more to be done to support them. Crucial to this is to ensure that there is an appropriate context and risk assessment in relation to projects to seek to identify the potential human rights risks and challenges, but also to identify potential partners and actions to work to prevent and remediate breaches. Understanding both how potential human rights issues can arise, but also how to take effective action is key.
Focusing on salient human rights
When it comes to understanding how a project will impact human rights, it is key to focus on specific rights which are likely to be impacted, instead of on a country’s broad context. For example, in relation to a construction project, the human rights to consider will likely include community rights, land rights and labor rights. While all human rights are equally important, and an assessment will consider contextual risk, the focus should be on identifying and addressing those risks that are exacerbated by a project. Additionally, it is important to focus on those which are most salient, in the sense that they are highly likely or have a significant impact in terms of scope or scale of impact.
That being said, it is also important to understand that beyond what may be seen as developmental objectives for a project, there will likely be human rights involved in every step of the rollout of a project. For example, when building a school, outcomes which promote the right to education will be a key goal, but construction workers’ rights will likely be a key salient right in the process and an influx of workers may trigger other risks such as sexual and gender-based violence.
Responding to human rights risks
Based on identified potential issues, it is important to develop effective and practical responses to prevent and mitigate these impacts. When doing this, it is important to ensure that the voices of communities, workers and others are heard, but also that collaboration with appropriate government or civil society organizations is pursued.
The response can sometimes be relatively straightforward, at least in principle. For example, poor working conditions amongst workers employed through contractors can be addressed through: standards applied to contractors to implement minimum labor conditions as set out in national law in relation to all workers engaged on the project, including migrants; safety briefings on site expanded to include basic labor conditions; and partnerships with local public agencies working with workers to spread awareness of labor rights and the availability of grievance mechanisms to all workers.
Some responses are more complex. For example, if human rights defenders (HRDs) are subject to harassment or threats when advocating against a similar project to the prospective IDB-financed project in the country, a good response may include formal inclusion of HRDs in project stakeholder engagement planning and dialogue, and issuing wide communication of clear statements on the commitment to zero tolerance for harassment of HRDs.
Working together to support human rights
On the basis of the risk assessment of human rights issues on a project, it will often be the case that complex and multifaceted causes behind identified human rights challenges will require a collaborative approach. For example, ensuring that human rights defenders are free to express their opinions in relation to a project where there are polarized views and a history of conflict requires careful thought and targeted actions. If this will be addressed by hiring and training contractors and security personnel, the experience of local civil society organizations, indigenous groups or trade unions may be beneficial. Similarly, cooperation may take the form of working with civil society organizations or local government to map and engage with specific local community leaders, or working with specialized child rights agencies and international bodies to devise programs to tackle child labor, including transitions to employment.
While there will inevitably be some challenges, improving human rights performance is a central and important part of IDB’s new approach and one which ultimately benefits projects and project beneficiaries.
Would you like more information? Download our technical note on managing human rights risks in IDB projects.
You may also want to read:
A human rights approach to development
5 steps to managing risks of retaliation for project-related complaints
3 things to know about managing labor risks in development projects
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