Indigenous Peoples in the World Bank Group's Practice

Anglický jazyk

Indigenous Peoples in the World Bank Group's Practice

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O knihe

This book examines whether the World Bank Group, when financing investment projects involving indigenous peoples - who are often among the most severely affected - operates consistently with international human rights law. The analysis is framed by the premise that, although the organization may significantly influence human rights outcomes, it is not formally bound by international obligations in this area.

The study unfolds along two main lines of inquiry, grounded in the distinction between financing operations targeting public and private sector recipients. First, it traces the evolution of the World Bank Group’s policies on indigenous peoples, which are binding on its staff and become binding on recipients once incorporated into loan agreements. Second, the book examines the interpretative practice of the organization’s Independent Accountability Mechanisms, which review compliance with these policies throughout the project cycle. The analysis finds that the policies have evolved alongside key developments in international law, and that the Independent Accountability Mechanisms consistently reference both hard and soft international legal instruments in their assessments.

Building on this, the book reconsiders whether the World Bank Group may be subject to international human rights legal obligations. Departing from traditional deductive reasoning, it adopts an inductive approach grounded in its institutional practice. It argues that the World Bank Group, as an international legal actor, is bound by an emerging body of rules and principles of general international law. Ultimately, the study underscores the need to reassess its role in influencing the human rights discourse related to indigenous peoples.

Primarily intended for a specialized academic audience, the book adopts an interdisciplinary perspective, integrating international economic law and human rights law.