Human rights and United States assistance policies with international financial institutions
Policy goals
The United States Government, in connection with its voice and vote in the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank, the African Development Fund, the Asian Development Bank, the African Development Bank, the European Bank for Reconstruction and Development, and the International Monetary Fund, shall advance the cause of human rights, including by seeking to channel assistance toward countries other than those whose governments engage in—
a pattern of gross violations of internationally recognized human rights, such as torture or cruel, inhumane, or degrading treatment or punishment, prolonged detention without charges, or other flagrant denial to life, liberty, and the security of person; or
provide refuge to individuals committing acts of international terrorism by hijacking aircraft.
Policy considerations for Executive Directors of institutions in implementation of duties
Further, the Secretary of the Treasury shall instruct each Executive Director of the above institutions to consider in carrying out his duties:
specific actions by either the executive branch or the Congress as a whole on individual bilateral assistance programs because of human rights considerations;
the extent to which the economic assistance provided by the above institutions directly benefit the needy people in the recipient country;
whether the recipient country—
is seeking to acquire unsafeguarded special nuclear material (as defined in section 6305(8) of this title) or a nuclear explosive device (as defined in section 6305(4) of this title);
is not a State Party to the Treaty on the Non-Proliferation of Nuclear Weapons; or
has detonated a nuclear explosive device; and
in relation to assistance for the Socialist Republic of Vietnam, the People’s Democratic Republic of Laos, Russia and the other independent states of the former Soviet Union (as defined in section 5801 of this title), and Democratic Kampuchea (Cambodia), the responsiveness of the governments of such countries in providing a more substantial accounting of Americans missing in action.
Requirements of United States assistance through institutions for projects in recipient countries
Criteria for determination of gross violations of internationally recognized human rights standards
Opposition by United States Executive Directors of institutions to financial or technical assistance to violating countries
Consultative requirement
Violations of religious freedom
In determining whether the government of a country engages in a pattern of gross violations of internationally recognized human rights, as described in subsection (a), the President shall give particular consideration to whether a foreign government—
has engaged in or tolerated particularly severe violations of religious freedom, as defined in section 6402 of this title; or
has failed to undertake serious and sustained efforts to combat particularly severe violations of religious freedom when such efforts could have been reasonably undertaken.
Source
(Pub. L. 95–118, title VII, § 701,Notes
Editorial Notes
Amendments
Statutory Notes and Related Subsidiaries
Change of Name
Effective Date of 1994 Amendment
Effective Date of 1989 Amendment
Effective Date of 1981 Amendment
Effective Date
United States Support for Integration of Anti-trafficking Interventions in Multilateral Development Banks
Requirements.—
The Secretary of the Treasury, in consultation with the Secretary of State, acting through the Ambassador at Large for Monitoring and Combating Trafficking in Persons, shall instruct the United States Executive Director of each multilateral development bank to initiate discussions with the other executive directors and management of the respective multilateral development bank to—
further develop anti-human trafficking provisions in relevant project development, safeguards, procurement, and evaluation policies;
employing a risk-based approach, require human trafficking risk assessments and integration plans as a routine part of developing projects through existing, forthcoming or new mechanisms and processes;
support analyses of the impact of severe forms of trafficking in persons on key indicators of economic and social development and of the benefits of reducing human trafficking on economic and social development;
support the proactive integration of effective anti-trafficking interventions into projects with the objectives of enhancing development outcomes and reducing the incidence of severe forms of trafficking in project areas;
increase the capacity of multilateral development banks and of recipient governments to conduct human trafficking risk assessments and integrate anti-trafficking interventions into projects;
support the development of meaningful risk mitigation and reduction policies, regulations, and strategies within the multilateral development banks to reduce the incidence and prevalence of severe forms of trafficking in persons and enhance development outcomes that may be improved by reducing the incidence and prevalence of human trafficking; and
support the inclusion of human trafficking risk analysis in the development of relevant country strategies by each multilateral development bank.
Briefings.—
The Secretary of the Treasury shall make relevant officials available to brief the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, the Committee on Financial Services of the House of Representatives, and the Committee on Appropriations of the House of Representatives on the implementation of this section.”