Key Points on Remedy and Responsible Exit

This briefing by the Center for International Environmental Law critiques the February 2023 draft Approach to Remedial Action and Responsible Exit Principles released by the IFC and MIGA. The document argues that these drafts fail to guarantee remedy for communities harmed by projects and do not meet international human rights law standards.

• The February 2023 draft Approach to Remedial Action and Responsible Exit Principles from IFC and MIGA are deemed insufficient because they do not provide a viable path to guarantee remedy for harmed communities and fail to meet international human rights law standards, which require those contributing to harm to contribute to the remedy.
• The draft Approach is criticized for several specific shortcomings: it relies on existing Sustainability Framework requirements with vague enhancements, applies only to new projects, lacks proof for claimed impediments to remedy, ignores the principle of 'contribute to harm, contribute to remedy,' and fails to establish funding mechanisms such as contingent liability funds from clients or funds contributed to by IFC and MIGA.
• The document asserts that providing remedy reduces legal exposure and protects against liability, citing Jam v. IFC (2019) as an example where litigation occurred because the IFC failed to respond to CAO recommendations regarding the Tata Mundra power plant project.
• The briefing provides examples of project-related harms requiring remedy, including the Alto Maipo hydroelectric project in Chile, which affected water supplies and glaciers, and a Titan Cement plant in Alexandria, Egypt, which caused lung disease and structural home damage.
• The author calls for the IFC/MIGA Board of Directors to require second drafts that implement External Review recommendations, commit to financial contributions for remedy when financing contributed to harm or leverage is lacking, and commit to remedying existing harms.

APA

Center for International Environmental Law (n.d.). Key Points on Remedy and Responsible Exit. https://www.ciel.org/wp-content/uploads/2023/02/Key-Points-on-Remedy-and-Responsible-Exit.pdf

Chicago

Center for International Environmental Law. Key Points on Remedy and Responsible Exit. n.d. https://www.ciel.org/wp-content/uploads/2023/02/Key-Points-on-Remedy-and-Responsible-Exit.pdf.

Wikipedia

{{cite report |author=Center for International Environmental Law |title=Key Points on Remedy and Responsible Exit |url=https://www.ciel.org/wp-content/uploads/2023/02/Key-Points-on-Remedy-and-Responsible-Exit.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centerforinternationalenvironmentallawndkey, author = {{Center for International Environmental Law}}, title = {{Key Points on Remedy and Responsible Exit}}, institution = {Center for International Environmental Law}, url = {https://www.ciel.org/wp-content/uploads/2023/02/Key-Points-on-Remedy-and-Responsible-Exit.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }