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Address the Risk of Reprisals in Complaint Management

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Address the Risk of Reprisals in Complaint Management GUIDE FOR INDEPENDENT ACCOUNTABILITY MECHANISMS ON MEASURES TO ADDRESS THE RISK OF REPRISALS IN COMPLAINT MANAGEMENT A Practical Toolkit Guide for Independent Accountability Mechanisms on Measures to Address the Risk of Reprisals in Complaint Management: A Practical Toolkit Copyright © 2019 Inter-American Development Bank. This work is licensed under a Creative Commons IGO 3.0 Attribution-NonCommercial-NoDerivatives (CC-IGO BY-NC-ND 3.0 IGO) license (http://creativecommons.org/licenses/by-nc-nd/3.0/ igo/legalcode) and may be reproduced with attribution to the IDB and for any non- commercial purpose. No derivative work is allowed. Any dispute related to the use of the works of the IDB that cannot be settled amicably shall be submitted to arbitration pursuant to the UNCITRAL rules. The use of the IDB’s name for any purpose other than for attribution, and the use of IDB’s logo shall be subject to a separate written license agreement between the IDB and the user and is not authorized as part of this CC-IGO license. Note that link provided above includes additional terms and conditions of the license. The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of the Inter-American Development Bank, its Board of Directors, or the countries they represent. Author: Tove Holmström Commissioned by the Independent Consultation and Investigation Mechanism (IDBG) Editors: Anne Perrault (UNDP-SECU), Ana María Mondragón, Pedro León and Victoria Márquez Mees (IDBG-MICI) Design: Alejandro Scaff Cover photo: Pexels Back cover photo: MICI January 2019 Independent Consultation and Investigation Mechanism FOREWORD The idea of producing a toolkit that would assist independent accountability mechanisms (IAMs) address the risk of reprisals within the context of their complaint management process came as a result of discussions with members of the IAM Working Group on Retaliation. The Independent Consultation and Investigation Mechanism (MICI) commissioned Ms. Tove Holmström, an independent consultant, to research and generate a manual that would provide IAMs with general guidance, tools, and resources for addressing the risk of reprisals. The current document provides an array of alternatives for IAMs to learn about and use as relevant. As part of the process, Ms. Ana María Mondragón (former consultant at MICI), Ms. Anne Perrault (member of the United Nations Development Program accountability mechanism, SECU), Mr. Pedro León (consultant at MICI) and myself reviewed and provided guidance on the content. My appreciation to everyone for their contributions to this guide that will hopefully serve as an open knowledge resource to IAMs. Victoria Márquez-Mees MICI Director Tove Holmström currently an independent consultant based in Paris, France is a former staff member of the UN Human Rights Office. Her work addresses business and human rights, with a particular focus on non-judicial grievance mechanisms. In this field, she has, amongst other, worked with the UN Special Rapporteur on the situation of Human Rights Defenders and the Organization for Economic Co-operation and Development before being commissioned to produce the IAMs toolkit. She is regularly consulted by development lending institutions and accountability mechanisms that are seeking to develop policies to better assess and address risks of reprisals against project stakeholders, complainants and other cooperating persons. MICI, the Independent Consultation and Investigation Mechanism of the Inter-American Bank (IDB) Group, addresses environmental and social concerns from communities in the Latin American and Caribbean Region related to IDB financing. For more information, visit www.iadb.org/mici Guide for Independent Accountability Mechanisms on Measures to Address the Risk of Reprisals in Complaint Management CONTENTS ACRONYMS 6 PART I: HOW TO ASSESS, PREVENT AND RESPOND TO REPRISALS IN CASE MANAGEMENT 10 ASSESSING THE LEVEL OF RISK 11 Action 1: Conduct a reprisals risk assessment 11 Action 2: Conduct a leaner preliminary risk assessment as part of the eligibility analysis 20 Action 3: Assess and address risks for local consultants and service providers 22 Action 4: Understand risks related to IAM outreach events 23 4 DEVELOPING STRATEGIES TO REDUCE IDENTIFIED RISKS 25 Action 5: Design and implement measures to reduce vulnerabilities and increase capacities of those at risk 25 Action 6: Address power imbalances 28 Action 7: Choose discretion or visibility as a protection strategy 29 Action 8: Clarify to all parties that reprisals will be considered and addressed throughout the IAM process 30 Action 9: Manage expectations to reduce risk-taking behavior 30 Action 10: Choose whether, when, and how to proceed with a request or ongoing case 31 RESPONDING TO ALLEGED THREATS AND REPRISALS 35 Action 11: Develop and pursue measures on a protection timeline 35 PART II: ACTIONS TO STRENGTHEN INSTITUTIONAL CAPACITY TO PREVENT AND RESPOND TO REPRISALS 41 ESTABLISHING SAFER LINES OF COMMUNICATION 42 Action 12: Address risks related to first contact with IAMs 42 Action 13: Assess and address risks related to standard digital communication systems 44 ENSURING CONFIDENTIALITY THROUGHOUT THE IAM PROCESS 48 Action 14: Inform requesters and other related stakeholders about the possibilities of and challenges to IAMs on ensuring their confidentiality 48 Action 15: Address risks related to current requirements for prior engagement with parent institution management/fund recipients/client 50 Action 16: Ensure confidentiality during the problem-solving process 51 Action 17: Reduce exposure in the context of IAM field visits 51 Action 18: Ensure the safe handling of sensitive information 55 BUILDING THE CAPACITY OF IAMs 60 Action 19: Adopt public policy on reprisals and developing internal staff guidance 60 5 Action 20: Provide regular staff training 63 Action 21: Build alliances with expert organizations 64 Action 22: Document past experiences 65 Action 23: Appoint IAM focal points on reprisals 67 WORKING WITH PARENT INSTITUTIONS TO ENHANCE AWARENESS OF AND RESPONSIVENESS 68 Action 24: Raise awareness among management and decision-makers 68 Action 25: Encourage parent institution management to establish a zero tolerance policy regarding reprisals and measures to implement policy 71 APPENDIX 1. SOURCES OF INFORMATION 74 APPENDIX 2. EXTERNAL RESOURCE ORGANIZATIONS 80 APPENDIX 3. ADDITIONAL RESOURCES 86 Guide for Independent Accountability Mechanisms on Measures to Address the Risk of Reprisals in Complaint Management ACRONYMS CAO Compliance Advisor Ombudsman (World Bank Group) CERD Committee on the Elimination of All Forms of Racial Discrimination CIVICUS World Alliance for Citizen Participation CSO Civil society organization EHAHRDN East and Horn of Africa Human Rights Defenders Project EBRD European Bank for Reconstruction and Development EU European Union FIDH International Federation for Human Rights IAM Independent accountability mechanism IACHR Inter-American Commission on Human Rights IBRD International Bank for Reconstruction and Development (World Bank Group) IDA International Development Association (World Bank Group) IDB Inter-American Development Bank IFC International Finance Corporation (World Bank Group) IP Inspection Panel (World Bank Group) 6 ISHR International Service for Human Rights IT Information technology LGBTI Lesbian, gay, bisexual, transgender, and intersex MICI Independent Consultation and Investigation Mechanism (Inter-American Development Bank Group) MIGA Multilateral Investment Guarantee Agency (World Bank Group) NGO Non-governmental organization OAS Organization of American States OHCHR Office of the High Commissioner for Human Rights (United Nations) OMCT World Organization Against Torture PBI Peace Brigades International PCM Project Complaints Mechanism (European Bank for Reconstruction and Development) PI Protection International SECU Social and Environment Compliance Unit (United Nations Development Programme) SLAPP Strategic lawsuits against public participation SOGI Leadership Group on Sexual Orientation and Gender Identity (World Bank Group) UN United Nations UPR Universal Periodical Review PHOTO: MICI Guide for Independent Accountability Mechanisms on Measures to Address the Risk of Reprisals in Complaint Management INTRODUCTION In recent years, reprisals1 against those who many of the IAMs’ parent institutions are increasingly bring complaints to independent accountability investing in transformative infrastructure projects, mechanisms, family members and others associated where risks of reprisal have been observed as with them, have increased. Reprisals have also particularly high.2 Reprisals are also expected to affected other related stakeholders, including increase given the current state of play for civil consultants, interpreters, expert witnesses, and society, which is largely characterized by a rapidly members of civil society organizations that have deteriorating security environment for activists, facilitated the IAM processes. These acts can journalists, and human rights defenders in general. not only devastate the lives of the individuals concerned and their families, but also have serious Current global patterns suggest that IAMs need and deterrent consequences for the willingness to be prepared for a wide range of forms of and capacity of project-affected individuals and reprisals, including public smear campaigns, communities to use, and provide information to, digital surveillance, and the use of laws
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