Thank you for participating in this survey! Your feedback is very helpful to us as we work to improve the functionality of the website on worldbank.org. You clicked on a link to a page that is not part of the beta version of the new worldbank.org. Before we leave, we`d love to get your feedback on your experience while you`re here. Are you going to take two minutes to complete a short survey that will help us improve our website? There is a second important human rights consideration for the bank, which is considering updating its guarantees. The members of the Bank are States. These States have obligations under the human rights treaties to which they grant. The bank has already acknowledged this. In 2000, the then Advocate General made it clear in the World Bank`s legal documents that “the Bank cannot reasonably put its members in a situation where they would violate their obligations under the Charter of the United Nations if they accepted a measure proposed by the Bank.” Finally, the Charter of the United Nations prevails in this situation under Article 103: “In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail.” With regard to the domestic will for greater adoption of human rights in the deliberations of the World Bank, the main consideration is the nature of the activities that the World Bank can carry out under its statutes of the agreement. The International Bank for Reconstruction and Development (IBRD) was the first institution of a group of financial institutions now known as the World Bank Group (GB WBG). After the establishment of the IBRD at Bretton Woods in 1944 by an agreement signed by the United Nations General Assembly in November 1947, it was governed by its statutes. Other institutions of the World Bank Group have been developed in the same way, and from this inception, the World Bank Group has considered itself free from any direct legal responsibility beyond these articles – and not to the Charter of the United Nations from which it originated or other areas of international law. From this point of view, only the interpretation of the meaning of the articles of the Treaty matters. The World Bank`s Executive Board is tasked with interpreting the meaning of these rather vague documents, and the Executive Board, in turn, has relied on the Advocate General to make authoritative interpretations – and thus the justifications for the progressive measures.

In 2006, Roberto Dañino, Ibrahim Shihata`s Advocate General, published a “Legal Opinion on Human Rights and the Work of the World Bank”. This legal opinion represents the most advanced internal interpretation of the Bank`s human rights responsibility to date. Dañino`s interpretations went far beyond what had been stated previously by containing conclusions such as the following: “The Articles of Agreement allow and in some cases require the Bank to recognize the human rights dimensions of its development policies and activities, as it is now clear that human rights are an integral part of the Bank`s mission.”