1. EIB Complaints Mechanism
The EIB-CM and the Protection of Human Rights
in EIB-financed operations
Riga, 7 September 2016
Communication & Outreach

2. Non-judicial Grievance Mechanisms
Independent Accountability Mechanisms of International Financial Institutions such as WB group, EBRD, Asian Development Bank…
(IFI – IAMs)
The EIB Complaints Mechanism
7 September 2016
Riga

3. The EIB and the EU multi-lateral governance
Working within an institutional setup:
Council, Parliament
Court of Justice, Court of Auditors
Ombudsman, OLAF, EDPS
Commission
Working on the basis of EU environmental and social legal framework:
EU Charter of Fundamental Rights
European Principles for Environment
Subject to principles and practices laid down by Treaties and Conventions to which the EU subscribed:
e.g. Aarhus Convention
7 September 2016
Riga

4. UN Guiding Principles on Business and Human Rights
UNGP are founded on the need for greater access to effective remedy (judicial and non-judicial) for victims of human rights abuses.
UNGP 22 «Where business enterprises identify that they have caused or contributed to adverse impacts, they should provide for or cooperate in their remediation through legitimate processes»
UNGP 28 «States should consider ways to facilitate access to effective non-State based grievance mechanisms dealing with business-related human rights harms.”
UNGP 31 «Effectiveness criteria» (EC)
(a) Legitimacy; (b) Accessibility; (c) Predictabillty; (d) Equitability;
(e) Transparency; (f) Rights-compatibility; (g) continuous learning; Operational-level mechanisms’ additional EC: (h) Based on engagement and dialogue.
7 September 2016
Riga

5. EIB Project Cycle
7 September 2016
Riga

6. The EIB Complaints Mechanism policy framework
EIB-CM Principles, Terms of Reference and Rules of Procedure (approved in 2008 and revised in 2010 by the EIB Board of Directors, following public consultation)
Memorandum of Understanding between the EO and the EIB (2008)
EIB-CM Operating Procedures (approved by the EIB Management Committee in 2011)
Review of the EIB-CM (procedural steps)
7 September 2016
Riga

7. EIB-CM key features
“Right to appeal” as a fundamental right of all EIB stakeholders
Based on a Memorandum of Understanding (MoU) signed between the EIB and the European Ombudsman
Two tiers mechanism:
Internal – Complaints Mechanism Division (operationally independent)
External – European Ombudsman (fully independent)
Complainants have to use the first tier and then may escalate if not happy with the outcome.
Principles - Recognition of EU institutional framework, Independence, Effectiveness, Accessibility, Transparency, Timeliness, Consultative
7 September 2016
Riga

8. Functions of the EIB-CM
Complaints Investigation (possibility of own initiative)
Mediation Function (formal/informal)
Advisory Function (within the scope of responsibilities)
Monitoring Function (in the context of past complaints)
7 September 2016
Riga

9. EIB-CM – What is “unique”?
One physical or legal person is enough (actio popularis)
Any EIB action and/or decision (not only project-related)
Two tiers approach (external review)
Concept of “maladministration”
Problem solving oriented
11 May 2016
Amsterdam

10. A two-tiers process
7 September 2016
Riga

11. EIB-CM Statistics 2013 2014 2015 Complaints received 63 60 56
15 July, 2019
EIB-CM Statistics
2013
2014
2015
Complaints received 63 60 56
Inadmissible 6 12 7
Other Institutions 2 5 -
Admissible Complaints 55 43 49
Complaints dealt with
117
103 92
Outstanding year end 42 35 33
Breakdown of complaints registered by the EIB-CM
2013
2014
2015
Environment/Social/ Developmental aspects 12 11 17
Governance of financed operations 6 10
Procurement related complaints 23
Own governance & administration 5 8
Access to information 3 2
Human resources 7
Customer relations - 1
Total 55 43 49
7 September 2016
Riga

12. Breakdown of complaints by (i) complainant and (ii) region
7 September 2016
Riga

13. Protection of Human Rights 1 EU multi-lateral governance
The EU Court (after the entry into force of the Charter)
The European Court of Human Rights (ECtHR)
The European Ombudsman (EO): concept of maladministration; OI/9/2014/MHZ (Own-initiative inquiry concerning the means through which Frontex ensures respect for fundamental rights in joint return operations - JRO)
The European Data Protection Supervisor (EDPS)
The EU Agency for Fundamental Rights
7 September 2016
Riga

14. Protection of Human Rights 2 Some cases handled by the EIB-CM
Gazela Bridge (Serbia) – SG/E/09/07: protection of vulnerable groups – resettlement;
Municipal and Regional Infrastructure Loan (Serbia) – SG/E/11/14 and SG/E/12/02 : protection of material living standards of Project-affected people
7 September 2016
Riga

15. Protection of Human Rights 2 Operational-level grievance mechanisms
Operational-level grievance mechanisms for project-affected people can be one effective means of enabling remediation, close to the community where the vulnus occurred.
Bujagali dam (Uganda): an insight in an operational-level mechanism (blasting);
Cairo Metro (Egypt): technical assistance – recommendation and follow-up
7 September 2016
Riga

16. Global Challenges ahead
On-going social and cultural changes are raising people’s expectations with regard to participation, self-determination, and the fulfilment of human rights.
The capability and desire of communities to assert their own vision of what constitutes progress through development will put extra pressure on IFIs’ accountability.
  When it comes to the conformity of IFI-financed operations with human rights and social standards, there is room for strengthening the coordination amongst the IAMs as well as between public and private sector financial operators, to support the development of effective operational-based grievance mechanisms.    
7 September 2016
Riga

17. Liels paldies!
7 September 2016
Riga