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Compliance Mechanisms. Compliance role Advisory role Ombudsman role PLUS: Raise awareness of rights; ensure respect Characteristics: independent, independent funding, high standards, binding, accessible and transparent Among ECAs: EDC, JBIC & OPIC (+CAO, OECD).
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Compliance Mechanisms • Compliance role • Advisory role • Ombudsman role • PLUS: Raise awareness of rights; ensure respect • Characteristics: independent, independent funding, high standards, binding, accessible and transparent • Among ECAs: EDC, JBIC & OPIC (+CAO, OECD)
Export Development Canada’s Compliance Mechanism • Established through Act governing EDC • Plays a compliance/advisor/ombudsman role • Mandate: EDC’s environmental, social, human rights and business ethics policies • Independent? High standards? Binding? Accessible? Transparent and accountable?
Halifax Initiative’s complaint • Cernavoda 2 - $300 million+ loan guarantee • Halifax Initiative and CRBM – filed a complaint • Breached its disclosure policy (no EIA) • Key omission in all three EIAs • Failure to meet host country requirements – consultation, incomplete EIA • Breach of Espoo Convention – transboundary impacts
Outcome of the complaint • EDC fully compliant with all of its policies • Very little reporting out – stopped by Board • No effort by CO to correct weak policies • None of the recommendations taken up • 12 months wait
Lessons Learned: Opportunities and Challenges • Dependent on the strength of institutional policies and key characteristics • Few ECAs with COs – little chance for leverage • Despite failures, could push for COs in all ECAs • Would have potential internal advocates, lessons learned • Limited approach: • May change policies, due diligence, BUT rarely stops projects • Resources Institution vs. Community (e.g. monitoring) • Compliance or accountability?