多边开发银行社会政策及其执行的脱节:原因分析与改进建议

The Decoupling in MDBs'Social Policies and Their Implementation

一直以来,多边开发银行及其独立申诉机构在落实社会政策以及救济受影响者时,存在政策执行脱节现象。世界银行、欧洲复兴开发银行、亚洲开发银行和亚洲基础设施投资银行新升级的社会政策虽然借鉴了先进的治理理念、国际人权标准和国际劳工标准,但是与前述理念和标准存在一定差距,未能有效克服旧政策执行中的脱节现象,也未能有效回应实践争议。造成脱节现象的原因包括多边开发银行的功能履行局限、成员国意志的内部影响、各多边开发银行行为缺乏有效的外部法律约束等。各行应继续改进其社会政策使之尽量符合“国际人权宪章”和国际劳工组织核心公约中的标准;提升各行社会政策中参与式问责的权重,完善磋商的程序性要求,对违反参与权的行为进行补救;改变各行过度甚至完全依赖成员国国内法律和政策实施项目的传统做法,此外各行应适当行使项目审批和实施阶段的自主权,在可干预和不可干预的事项上为项目组提供清晰的指南,并且建立有效的救济机制。

Multilateral Development Banks(MDBs)and their independent complaint bodies have been decoupling from their former social policies in policy implementation.Although the idea of"all those affected by a collective decision should be included in the decision",international human rights standards and core labor standards have been absorbed into the updated internal social policies of the World Bank,the European Bank for Reconstruction and Development,the Asian Development Bank and the Asian Infrastructure Investment Bank,these policies not only decouple from the idea and those standards to some extent,but also fail to effectively respond to practical disputes and to overcome their decoupling in implementation.The reasons for decoupling include but not limit to MDBs'functional restrictions,great powers'influence,lack of legal restrictions.MDBs should try to improve certain standards in their policies in a way consistent with International Bill of Human Rights and Core Conventions of the ILO.MDBs'internal social policies should improve the procedural requirements of consultations and provide remedy for the violation of participation rights.The consideration of respect for sovereignty should not hamper the operation of projects as MDBs'investment projects would be inevitably linked to local law-making or administrative activities.Especially when projects require Banks to assist local governments to draft and enforce laws,it indicates that member states have transferred their exclusive power over specific matters to Banks.This is not a violation of the principle of non-intervention in international law.MDBs should change the way of over or even entire reliance on member states to implement projects in their traditional practice,and should properly exercise autonomy in project approval and its implementation.Banks should provide clear guidance to Bank Managements on intervenable and non-intervenable matters.The social policies of MDBs should make two things clear,firstly,Banks should be vigilant at the initial stage of project design and should take precautionary measures against disputes on land ownership as early as possible;and secondly,at the stage of project design and approval,Banks and borrowing countries should develop remedial arrangements in advance for significant damages that may occur during project implementation.MDBs'grievance mechanisms should function effectively.Banks should take appropriate remedial measures when damages are caused by their omissions occurred in project design and approval process.In project implementation,Banks should fulfill the responsibility of supervision and provide appropriate remedies to victims which may including distributing the compensation funds reserved by borowing countries to victims according to relevant arrangements in advance.Banks should also take appropriate remedial measures when there is a causal link between their failure to perform supervision and damages.