List of Abbreviations = Xiii
I Introduction = 1
Ii The Ifis' Origins and Contemporary Functions = 9
The Ibrd = 9
The Ida = 11
The Evolution of Development Thinking at The Bank = 14
What Role for Human Rights? = 19
The Imf = 25
The Role, Policies and Facilities of The Fund Today = 29
Surveillance = 32
Financial Assistance = 36
1. Financial Policies = 36
2. Financial Facilities = 38
Conditionality = 45
1. Legal Basis for Conditionality = 46
2. Content of Conditionality Policies = 48
What Role for Human Rights? = 51
Iii The Importance of The Question:comments On
The Human Rights Impacts of The Ifis'policies and Activities = 53
Preliminary Remarks = 53
Causation in Context = 53
The Question of Bank and Fund Influence = 56
Models of Human Rights Influence = 61
The Positive Side of Human Rights Ledger = 63
The Imf = 63
The Bank = 64
The Negative Side of The Ledger = 66
Structural Adjustment Generally = 68
The World Bank and Major Infrastructure Projects = 72
The Legitimacy Deficit = 74
a Bias Towards Authoritarian Regimes? = 83
The Prsp:'old Wine in a New Bottle?'
Pragmatism V Principle:lessons from The Indonesian Experience = 91
Fractured Situation Analysis:the Compartmentalisation Problem = 76
Ssn's:targeting and Other Problems = 100
Social Capital Depreciation and The Commodification of Social Relationships = 101
Privatisation, Internationalisation, and The 'empty Shell of Democracy/ = 104
International Peace and Security-the Cases of The Former Yugoslavia and Rwanda = 106
Summary-the Ifi's Human Rights Impacts and Influence = 111
Iv to What Extent Can The World Bank and Imf Deal With Human Rights? a Brief
Exploration of Their Legal Mandates = 113
Legal Interpretation of The Ifis'mandates = 115
'an Art, Not a Science' = 115
Guiding Principles and Interpretative Methodology = 116
How Vital An Issue Is The 'legal Mandate' Question in a Practical Sense? = 122
The World Bank = 122
The Imf = 123
Issues Common to The Bank and Fund = 124
Relationship Agreements With The United Nations = 124
The Ifis As Subjects of International Law = 126
Obligations Arising from The U.n.charter = 126
Scope of Human Rights Obligations = 129
a Critical Review of Unofficial Imf Rebuttals = 133
Inherent Sources of Authority:the 'implied Powers' Doctrine = 138
The Reverse Side of The Coin:the Ifis' As Normative Actors = 142
The Meaning of The 'political Prohibition' in The Bank's Articles = 149
The Portuguese and South Africal Loan Controversies = 150
The Mandate Expands = 152
The Bank's Mandate Revisited:the Political Prohibition and The
'direct and Obvious'test = 153
Consistency of Human Rights Principles With Instrumental Development Rationales = 154
Human Rights and Social Policy Initiatives = 156
Comparative Initiatives and Procedures in The Environmenta Area = 157
Human Rights of Indigenous Peoples = 158
Human Rights Elements Within Hiv/aids Strategies = 159
Breadth of Mandate on Issues Affecting Children = 160
Judicial Reform, Press Freedom, and Other Incremental Human Rights Innovations = 164
Inter-agency Comparison:the Inter=american Development Bank(iadb) = 166
Travaux Preparatoires = 168
Scope of Inherent Authority Within The Fund's Mandate-an 'implied Powers' Analysis = 170
a Critical Appraisal of Some Standard Disclaimers = 170
Existing Practice Concerning Human Rights Related Issues = 174
1. Governance = 175
2. Equity = 178
3. Promoting The Role of Women = 179
4. Environmental Issues = 181
5. Lifting The Veil on The Fund's Broad Range of 'behind The Scenes' Activities-
Labour Rights, Political Prisoners, Ilo Conventions, Environmental and
Indigenous Peoples' Issues, and East Timor = 182
The Year 2000 and Beyond:increasingly Muddied Waters = 183
Other Relevant Factors for Both Bank and Fund = 186
An Appropriate Policy Environment at The National Level Congruence of Human Rights
With Desirable Elements of Anti-corruption Strategies = 187
Private Pressure over Human Rights Violations in East Timor = 190
Other Country-specific Cases = 190
Conclusions = 192
V Impediments to Human Rights Integration = 195
Preliminary Remarks = 195
Institutional and Cultural Barriers Within The Bank = 196
Institutional and Cultural Barriers Within The Fund = 201
Other Institutional and Disciplinary Barriers = 202
Inter-disciplinary Clashes-'trade-offs V. Absolutism? = 203
The Functionalist Objection = 205
'human Rights Is Bad for Business' = 206
Double Standards = 207
Empirical Justifications for Evolving Mandates = 208
Limitations of Conditionality As a Legitimate and Viable Human Rights Vehicle = 209
Stifling of Progressive Local Initiatives? = 211
Cultural Relativism in Context = 213
The Problem of Applicability of Human Rights to Non-state Actors = 216
Fungibility of Aid for Development = 219
Concluding Comments = 220
Vi An Agenda for Reform = 221
Introductory Remarks = 221
Decks Chairs on The Titanic:structural Prerequisites to Policy Reforms = 222
The Demand for Human Rights Policies = 234
Accountability and Evaluation in Human Rights Terms:the Quest for Relevant Indicators
and Benchmarks = 236
Programmatic Relevance of Economic, Social and Cultural Rights As Human Rights = 245
Education for All-a Role for The Crc and Icescr = 253
Participation in Human Rights Terms = 255
Institutional Implications of The Prsp Process = 260
Integrating Human Rights Within Social Impact Analysis and Social Assessment = 264
Social Impact Analysis = 265
Social Assessment = 272
Caveats on Privatisation = 277
The Role of Human Rights in The Bank's Policy on Child Labour = 278
Recognition of Relevant United Nations Decision-making Bodies = 279
Interactions With The Human Rights Treaty Bodies = 282
Expanded Communication and Modes of Cooperation Human Rights Ngos = 278
Interactions With The Ohchr = 287
Vii Concluding Remarks = 295
Annex:list of Interviewees = 301
Bibliography = 307
Index = 349
I Introduction = 1
Ii The Ifis' Origins and Contemporary Functions = 9
The Ibrd = 9
The Ida = 11
The Evolution of Development Thinking at The Bank = 14
What Role for Human Rights? = 19
The Imf = 25
The Role, Policies and Facilities of The Fund Today = 29
Surveillance = 32
Financial Assistance = 36
1. Financial Policies = 36
2. Financial Facilities = 38
Conditionality = 45
1. Legal Basis for Conditionality = 46
2. Content of Conditionality Policies = 48
What Role for Human Rights? = 51
Iii The Importance of The Question:comments On
The Human Rights Impacts of The Ifis'policies and Activities = 53
Preliminary Remarks = 53
Causation in Context = 53
The Question of Bank and Fund Influence = 56
Models of Human Rights Influence = 61
The Positive Side of Human Rights Ledger = 63
The Imf = 63
The Bank = 64
The Negative Side of The Ledger = 66
Structural Adjustment Generally = 68
The World Bank and Major Infrastructure Projects = 72
The Legitimacy Deficit = 74
a Bias Towards Authoritarian Regimes? = 83
The Prsp:'old Wine in a New Bottle?'
Pragmatism V Principle:lessons from The Indonesian Experience = 91
Fractured Situation Analysis:the Compartmentalisation Problem = 76
Ssn's:targeting and Other Problems = 100
Social Capital Depreciation and The Commodification of Social Relationships = 101
Privatisation, Internationalisation, and The 'empty Shell of Democracy/ = 104
International Peace and Security-the Cases of The Former Yugoslavia and Rwanda = 106
Summary-the Ifi's Human Rights Impacts and Influence = 111
Iv to What Extent Can The World Bank and Imf Deal With Human Rights? a Brief
Exploration of Their Legal Mandates = 113
Legal Interpretation of The Ifis'mandates = 115
'an Art, Not a Science' = 115
Guiding Principles and Interpretative Methodology = 116
How Vital An Issue Is The 'legal Mandate' Question in a Practical Sense? = 122
The World Bank = 122
The Imf = 123
Issues Common to The Bank and Fund = 124
Relationship Agreements With The United Nations = 124
The Ifis As Subjects of International Law = 126
Obligations Arising from The U.n.charter = 126
Scope of Human Rights Obligations = 129
a Critical Review of Unofficial Imf Rebuttals = 133
Inherent Sources of Authority:the 'implied Powers' Doctrine = 138
The Reverse Side of The Coin:the Ifis' As Normative Actors = 142
The Meaning of The 'political Prohibition' in The Bank's Articles = 149
The Portuguese and South Africal Loan Controversies = 150
The Mandate Expands = 152
The Bank's Mandate Revisited:the Political Prohibition and The
'direct and Obvious'test = 153
Consistency of Human Rights Principles With Instrumental Development Rationales = 154
Human Rights and Social Policy Initiatives = 156
Comparative Initiatives and Procedures in The Environmenta Area = 157
Human Rights of Indigenous Peoples = 158
Human Rights Elements Within Hiv/aids Strategies = 159
Breadth of Mandate on Issues Affecting Children = 160
Judicial Reform, Press Freedom, and Other Incremental Human Rights Innovations = 164
Inter-agency Comparison:the Inter=american Development Bank(iadb) = 166
Travaux Preparatoires = 168
Scope of Inherent Authority Within The Fund's Mandate-an 'implied Powers' Analysis = 170
a Critical Appraisal of Some Standard Disclaimers = 170
Existing Practice Concerning Human Rights Related Issues = 174
1. Governance = 175
2. Equity = 178
3. Promoting The Role of Women = 179
4. Environmental Issues = 181
5. Lifting The Veil on The Fund's Broad Range of 'behind The Scenes' Activities-
Labour Rights, Political Prisoners, Ilo Conventions, Environmental and
Indigenous Peoples' Issues, and East Timor = 182
The Year 2000 and Beyond:increasingly Muddied Waters = 183
Other Relevant Factors for Both Bank and Fund = 186
An Appropriate Policy Environment at The National Level Congruence of Human Rights
With Desirable Elements of Anti-corruption Strategies = 187
Private Pressure over Human Rights Violations in East Timor = 190
Other Country-specific Cases = 190
Conclusions = 192
V Impediments to Human Rights Integration = 195
Preliminary Remarks = 195
Institutional and Cultural Barriers Within The Bank = 196
Institutional and Cultural Barriers Within The Fund = 201
Other Institutional and Disciplinary Barriers = 202
Inter-disciplinary Clashes-'trade-offs V. Absolutism? = 203
The Functionalist Objection = 205
'human Rights Is Bad for Business' = 206
Double Standards = 207
Empirical Justifications for Evolving Mandates = 208
Limitations of Conditionality As a Legitimate and Viable Human Rights Vehicle = 209
Stifling of Progressive Local Initiatives? = 211
Cultural Relativism in Context = 213
The Problem of Applicability of Human Rights to Non-state Actors = 216
Fungibility of Aid for Development = 219
Concluding Comments = 220
Vi An Agenda for Reform = 221
Introductory Remarks = 221
Decks Chairs on The Titanic:structural Prerequisites to Policy Reforms = 222
The Demand for Human Rights Policies = 234
Accountability and Evaluation in Human Rights Terms:the Quest for Relevant Indicators
and Benchmarks = 236
Programmatic Relevance of Economic, Social and Cultural Rights As Human Rights = 245
Education for All-a Role for The Crc and Icescr = 253
Participation in Human Rights Terms = 255
Institutional Implications of The Prsp Process = 260
Integrating Human Rights Within Social Impact Analysis and Social Assessment = 264
Social Impact Analysis = 265
Social Assessment = 272
Caveats on Privatisation = 277
The Role of Human Rights in The Bank's Policy on Child Labour = 278
Recognition of Relevant United Nations Decision-making Bodies = 279
Interactions With The Human Rights Treaty Bodies = 282
Expanded Communication and Modes of Cooperation Human Rights Ngos = 278
Interactions With The Ohchr = 287
Vii Concluding Remarks = 295
Annex:list of Interviewees = 301
Bibliography = 307
Index = 349