par Louwette, Arnaud
Référence Séminaire organisé par le Programme for the study of international governance de l’IHEID (2016-03-21: Genève)
Publication Non publié, 2016-03-21
Communication à un colloque
Résumé : International financial institutions (IFIs) are bound by human rights law. The assertion has been repeatedly formulated by civil society organizations, as well as within the academia. Yet, beyond that assertion, what does it mean to say that IFIs are bound by human rights? This seminar seeks to define how those institutions themselves envisage their obligations in that regard. In order to do so, we analyze the practice of the World Bank Inspection Panel and the IFC/MIGA Compliance Advisor Ombudsman on the one hand, and the recent process initiated by the Global Fund to integrate human rights in its policies on the other hand. It is submitted that construction of the mandate of these institutions plays an instrumental role in explaining why and how they accept human rights obligations. It is further submitted that the structural bias of each organization defines the modalities of that construction and defines how human rights are altered when applied by IFIs. As such, we contend that human rights discourse, while it has a potentially emancipatory role, is intrinsically limited by its necessary adaptation within each institution.