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文章

2015年7月5日

作者:
Juan Pablo Bohoslavsky

UN Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights

Today I end my official country visit to the People’s Republic of China which began on 29 June 2015…As Independent Expert appointed by the Human Rights Council of the United Nations I…study any human rights issue falling within the broad scope of my mandate related to foreign debt…my visit to China forms part of my mandate to study the situation in countries in all regions of the world.

Human rights in international lending

…China has provided foreign aid in the form of grants, interest free loans and concessional loans to over 120 countries and Chinese companies…In order to maximise positive human rights impacts for all…Careful planning, independent impact assessments and consultation should ensure that negative social, environmental or human rights impacts are avoided as much as possible, and that any such impacts are mitigated and compensated in a timely, fair and equal manner…China is learning from its own experiences about the need to listen carefully not only to Government officials and business people, but also to the very people on the ground who will be affected by development projects…

I posed this question in almost every meeting during this visit: how to reconcile the principle of non-intervention in domestic affairs with the idea of protecting and promoting human rights abroad?… In my view the solution should be to stress local ownership and the own development priorities of partner countries to achieve social inclusive and sustainable development in line with international human rights standards.

…While there are as well studies highlighting the positive impact of Chinese financial assistance in developing …there have also been reports raising social, environmental and human rights concerns about Chinese foreign investments…reports and responses (if received) by Chinese companies and financial institutions relating to abroad business impacts available at: https://business-humanrights.org/en/chinese-firms-impacts-abroad...

Regulatory framework to ensure rights compliance in outbound investment

During this mission I have learned a lot about the efforts made within China to improve its regulatory framework to ensure that China’s international lending is clean, green, efficient and transparent and compliant to international human rights standards…While I congratulate China for its Green Credit Guidelines, which set a milestone for social and environmental responsible lending…There is an implementation gap in operational practice in effectively implementing international and national norms relating to international lending and investment. I have for example been informed that so far no sanction has been applied by the Chinese authorities to Chinese lenders and corporations for overseas investments that may have contradicted the Green Credit Guidelines. 

International human rights standards and guidelines are in particular relevant when China provides funding for projects in countries with high risks…There is agreement that there is room for improvement, and that capacity building, exchange of experiences and technical cooperation in this area are needed.

…I have encouraged the Chinese authorities to strengthen further their regulative framework through incorporating…international instruments explicitly and robustly into the national framework applied to foreign lending and financial assistance and into its next National Human Rights Action Plan covering the years 2016-2020…

I would also like to reiterate the recommendations of the UN Committee on Economic, Social and Cultural Rights, which…called upon China to adopt a human rights based approach to policies of international cooperation by undertaking a systematic and independent human rights impact assessment prior to making funding decisions…I would in particular highlight the need to establish complementary non-judicial grievance mechanisms by business enterprises that are effective and accessible for adversely affected individuals and communities at operational level so that it is possible that any grievances can be addressed early and remediated directly as recommended by the Guiding Principles on Business and Human Rights.

Representatives from different affected communities have informed me prior to this visit that Chinese companies and lending institutions appear occasionally to have been difficult to approach or insensitive to respond to concerns raised. Lack of an open and responsive dialogue with persons protesting against development projects can frequently be a seed for larger trouble, enhance social tensions, and generate additional conflict. They can not only endanger the success of any development project, but have contributed in several countries to serious violations of human rights, including forced evictions, arbitrary detention, and violations of the right to life.

My impression is that there is a growing awareness within Chinese governmental, business and lending institutions about the need to have more robust social and environmental safeguard policies in place. Yet, market discipline alone is insufficient to ensure human rights compliant business conduct. Therefore the leadership of the Chinese Government is essential.

It is important to nurture these efforts and make use of existing national and international expertise. In this respect I would welcome to see a larger group of Chinese experts from the business, academic governmental and non-governmental sectors participating in the annual Forum on Business and Human Rights of the United Nations in Geneva…

The AIIB and the New Development Bank in Shanghai should strive for a very good record of risk management, consultation with affected individuals and communities, and show that projects financed by them will avoid and mitigate negative social impacts better than others…[refers to China Development Bank, EXIM Bank China]

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