Alke Schmidt, EBRD - Banknig presentation
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Labour Issues and EBRD
Alke Schmidt
Environment Department, EBRD
EBRD
AAA-rated international financial institution founded in 1991
Mandate: facilitate the transition to market economies in
CEE/ CIS
Capital base of €20 billion
Largest single investor in the region
Project finance
Over 70% private sector/privatisation projects
Sound banking principles
A strong mandate in
EBRD’s Founding Agreement
Requires a commitment from EBRD members to
respect human rights as a condition of membership
and borrowing
EBRD to promote sustainable development “in the full
range of its activities”
EBRD to foster productive investment…thereby
assisting in making a competitive environment and
raising productivity, the standard of living and
conditions of labour.
Operationalising the mandate:
Policy/Portfolio level
Countries’ human rights record assessed
annually in country strategies. Lending may
be restricted or suspended if lack of progress
Assessment criteria explicitly include
– Right to form trade unions and to strike
– Rights of ethnic minorities
(cf ‘Political Mandate Papers’, 1991/93)
Operationalising the mandate:
Project level
EBRD Environmental Policy (2003) covers
1) Ecological issues
2) Worker protection issues
•
Occupational health and safety
•
Child labour, forced labour, non-discrimination
3) Community issues
How does EBRD assess labour issues?
Process managed by Environment Department (ED)
Integrated into ED’s due diligence
Risk-based, iterative procedure:
– Screen all projects (risk assessment)
– Due diligence may include questionnaires or site visits by
ED / consultants
Focus resources on high risk projects
Process developed in consultation with other IFIs, ILO,
experts
Labour standards risk assessment
Credit risk (fines, loss of markets, productivity)
Reputational risk
Risk indicators:
– Country
– Industry / sector
– Client policies / compliance record / reputation
– Employment impact of EBRD financing
Benchmarks
All projects must meet
– National laws
– ILO conventions on child labour, forced labour,
discrimination
Additional benchmarks are
– EU (re discrimination)
– For remediation: private sector good practice
What if there is a problem?
Key is to move towards compliance
– i.e. reject financing only in extreme cases
Action plan to achieve compliance with national law / ILO
standards within a reasonable time frame
– Often changes in client’s HR policies required
– Enforcement agencies may impose corrective action plan
Client reporting on action plan implementation
Legal documentation
All projects: Covenant on compliance with national
labour laws and ILO standards in template legal
documents
Covenant on Action Plan implementation if required
Reporting on covenant labour compliance/action
plan implementation as part of annual reporting on
environmental and social matters
Monitoring
Client reporting
Monitoring visits by EBRD staff and/or labour
experts
Third party audits
Role of NGOs/media
Resources and support
1 ED staff, plus labour expert consultants on
retainer
All ED environmental staff trained on labour
issues and risk assessment
Basic training for bankers on labour issues
Country fact sheets, sample questionnaires,
‘case book’ on project work
N.B.: This takes time!
Main issues to date
Regulatory compliance
– Work hours /overtime in supermarket chain
Retrenchment in privatisation/restructuring
Exploitation of migrant workers in construction
Endemic problems in country/region
Supply chain issues
– Child/forced labour in cotton supply chain in Central
Asia
Outlook
Revision of Environmental Policy in 2006 offers
opportunity to broaden scope and weight of
social assessment
Need to clarify supply chain requirements
Process of continuous learning and improvement
Share experiences with others
Labour Issues and EBRD
Alke Schmidt
Environment Department, EBRD