An investigation of the extent and nature of the world bank’s legal obligation to respect human rights in developing countries

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GATUIKU, EDEN MWENDWA

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Strathmore University

Abstract

This dissertation analyses how development injustices can be confronted by investigating the nature and extent of human rights obligations on the World Bank. In the wake of human rights violations occasioned by the Bank in developing countries, the silence of distinct human rights obligations is loud. The current frameworks that speak to the issue of these obligations at the World Bank offer weak answers to complex questions. Despite the intensification of human rights violations by the World Bank, these frameworks have remained static and maintained a disconnection from, and avoidance of accountability of the Bank.

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The words above accurately capture what is and has always been the central goal of the World Bank. The overwhelming majority of its operations are directed to this honorable aim whose attainment would supposedly make the world a “better place”.2 It can be said that its greatest impact, if this admirable aim is to be achieved, is found in its intervention in multiple sectors of developing countries where there is greatest necessity.3However, developing countries were an afterthought for this institution, as its formation was primarily focused on the severe economic effects of World War II.4 How then did developing countries become the “target audience” of the World Bank?

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