Byrnes, Andrew --- "The Asian Development Bank and the Role of Human Rights in the Pursuit of Just and Sustainable Development in the Asia-Pacific Region: An Advocacy Role for Australia?" [2012] UNSWLRS 34
Last Updated: 12 August 2012
The Asian Development Bank and the Role of Human Rights in the Pursuit of Just and Sustainable Development in the Asia-Pacific Region: An Advocacy Role for Australia?
Andrew Byrnes, University of New South
Wales
This paper is available for download at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2128216
Citation
This article was published in (2011) Australian International Law Journal, Vol.19, at 1-22. This paper may also be referenced as [2012] UNSWLRS 34.
Abstract
The Asian Development Bank (‘ADB’)
is an important institutional financer of development in the Asia-Pacific
region:
its primary mission is reducing poverty in the region by promoting
sustainable and inclusive economic growth. ADB-financed activities
have the
potential to advance the enjoyment of human rights, but may also be open to the
accusation that they sometimes facilitate
violations of those rights by national
governments. This article examines the ADB’s approach to the explicit
incorporation
of international human rights norms into its policies and
procedures, noting its general reluctance to embrace such norms. It argues
that
ADB member states, including Australia, are under international human rights
treaty obligations to ensure that their participation
in the activities of and
their dealings with the ADB do not involve the violation of their human rights
treaty obligations. The article
discusses the reasons why, nonetheless, there is
relatively little interest among ADB members or staff in the explicit
incorporation
of human rights standards in their work. It puts forward
suggestions for further research, including a detailed and systematic review
of
ADB’s record and the potential that explicit use of human rights framework
might have for improving the effectiveness of
the ADB’s development work.
Finally, the article argues that, as the ADB is an important development partner
for Australia,
and one in which Australian influence is significant and to which
Australia’s contributions are likely to increase in coming
years, there is
a strong case for Australia doing more now to encourage the explicit integration
of human rights standards into the
work of the ADB.