establish mechanisms that will ensure adequate accountability, this is an area in which impunity may
remain the rule. The alternative is, of course, to allege the responsibility of the member States��of the
said organizations for having transferred powers without acting with due diligence to ensure that
such powers will be exercised in accordance with the requirements of human rights that those States
are bound to comply with. At the current state of development of international human rights
mechanisms, this remains the most favored avenue. But it is an admission of the still immature state
of the relationship between human rights and globalization.
One related problem is the alleged tension between the limited mandate of international agencies
(resulting from the principle of specialty) and their duty to comply with human rights. By insisting on
the human rights responsibilities of international organizations, are we not asking them in effect to
betray the mandate for which they were originally established, and which should, in principle, guide
the exercise by these organizations of the competences they have been attributed ? This is not an
imaginary concern. The natural tendency of international organisations has always been to interpret
extensively their constituting charters, thus expanding their powers and the scope of their operations
(Alvarez 2005: 65‐108). Yet, at the same time, a strict interpretation of their mandate could be
nothing more than a figleaf to allow them to disregard the requirements of human rights, despite the
very real impacts their activities might have on the enjoyment of such rights and on the ability for
States to fulfil them.
This latter concern has been discussed especially as regards the international financial institutions
(the World Bank Group and the International Monetary Fund), due to the influence exercised by
these institutions on poor countries: the World Bank for instance makes loans worth 20 billion USD
per year to finance projects in developing countries (see Bradlow and Grossmann 1995; Skogly 2001;
Darrow 2003; Dañino 2005). Article IV, section 10 of the Articles of Agreement of the International
Bank for Reconstruction and Development states, under the heading ‘Political Activity Prohibited’:
‘The Bank and its officers shall not interfere in the political affairs of any member; nor shall they be
influenced in their decisions by the political character of the member or members concerned. Only
economic considerations shall be relevant to their decisions, and these considerations shall be
weighed impartially in order to achieve the purposes stated in Article 1’. While the Articles of
Agreement of the IMF do not include a similar clause, the requirement to take only economic
considerations into account has been seen as also applicable to the Fund. Is this not a prohibition to
take human rights into account?
This debate is addressed in Chapters 14 and 15 respectively by Ibrahim Shihata and Daniel Bradlow.
The position of Shihata, expressed at a time when he was general counsel of the World Bank, is that
the Bank is prohibited from taking human rights into account in making its decisions: that would
inevitably lead to politicizing its mandate, and to introducing a form of conditionality in its lending
policies. This remains to this day the professed doctrine. During his tenure as general counsel of the
World Bank between 2003 and 2006, Roberto Dañino did appear open to reexamining this doctrine.
In a document titled “Legal Opinion on Human Rights and the Work��of the World Bank” he issued on
27 January 2006, Dañino noted that the mission of the World Bank consists in the alleviation of
poverty through economic growth and social equity. This, he remarked, has “an especially strong
human rights dimension” (para. 7). Therefore: “Human rights relate substantively to many of the
activities of the World Bank. They are deeply interconnected with the purposes outlined in Article I,
in large measure because they are directly relevant to the Bank’s mission of poverty alleviation"
(para. 8). This led Dañino to conclude that the consideration of human rights should be essential to
the Bank's work (see also Dañino 2005). This opinion, however, remained isolated, and it has not
become the official position of the Bank.
Beyond the narrow legal question of the definition of its mandate, lies a broader question, that of
the organizational culture within the World Bank and the respective ethos of economists and lawyers,
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CRIDHO‐WP‐2013/2: O. De Schutter – Economic,Social and Cultural Rights as Human Rights: An Introduction
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