Filing a complaint with the FMO
Our own Dutch development bank FMO recently introduced a complaints mechanism. This means that anyone adversely affected by a project supported by the FMO may file a complaint.
Amnesty International, Bank Track, Both ENDS and SOMO have contributed to the design of the complaints mechanism and have now issued a response to the final result.
Anouk Franck of Both ENDS has provided input into the complaints mechanism and explains why it is so important for institutions to have a good complaints mechanism.
What exactly is the FMO?
"The FMO is the Dutch development bank and was established in 1970. The full name of the bank is Nederlandse Financierings-Maatschappij voor Ontwikkelingslanden N.V. In the past the bank was owned by the Dutch government, but today it is a so-called 'semi-public' institution. It is no ordinary bank, however: the FMO has a mandate to invest in projects that improve the lives of people in developing countries. The bank, like other development banks in the world, uses criteria that a project must meet to be eligible for funding. These criteria are not always observed and, moreover, it is sometimes difficult for the FMO to keep an eye on what is happening 'in the field."
What’s so special about the complaints mechanism?
"The FMO is, alongside the German development bank DEG, the first European bilateral development bank that has established an independent complaints mechanism. Hopefully other banks will follow this example. The complaints mechanism is open to communities affected by investments from the FMO. Their complaints will be verified independently and they have access to a mediation/arbitration process. Ultimately, the goal is the withdrawal of the FMO from all projects that might cause harm to people and their environment. Furthermore, we hope the mechanism will help the FMO in drawing lessons so harmful activities can be prevented from happening in the future."
Why did the FMO set up a complaints mechanism?
"One of the reasons is the construction of the Barro Blanco dam in Panama, which is co-financed by the FMO. A large section of the indigenous Ngäbe tribe will suffer major damage as a consequence of the construction of the dam. Parts of their land and many houses will be flooded, while the mandatory consultation process is not duly observed. Questions have been asked in the Dutch Parliament about this matter in the last months of 2012."
What do you think of the result?
"Some of our suggestions have been incorporated into the mechanism, so that's definitely positive. For example, the complaints register will be made public and the committee that looks into the complaints will operate independently of the FMO. To us this is an important provision. However, in our opinion there are also a number of missed opportunities, the most important of which is the failure to lower the admission criteria for filing a complaint. For example, a complaint needs to be filed on time, which is not always feasible if you are located at a great distance from The Hague. For the time being, this is a step in the right direction. But there is definitely room for improvement! "
Here you can find briefing of Amnesty International, BankTrack, Both ENDS en SOMO for a more detailed analysis of the complaints mechanism of the FMO.
Investigation of UN-rapporteur James Anaya (19 June 2013)
Anouk Franck on visit UN Rapporteur James Anayo to Panama (13 August 2013)
Read more about this subject
-
Instalink / 21 November 2024
-
Blog / 19 November 2024
Building Monitoring, Evaluation and Learning systems based on mutual accountability and trust
Just before summer, on June 27th we participated in a panel discussion on inclusive conservation in a learning event organized by WWF Netherlands. Several organizations joined in a discussion on inclusive, decolonial, rights-based, and community-led approaches in conservation. We discussed the barriers, gaps and opportunities in how power is shared, inclusion promoted, and accountability practiced in our work. The question raised was: as Dutch-based organizations, are we doing enough to really work inclusive? In 2023 Both ENDS started an Examination of Power process to research how power is experienced in our partnerships. I share a couple of practical tips and insights that I feel might benefit the greater conversation around Monitoring, Evaluation and Learning (MEL) in our sector.
-
Instalink / 18 November 2024
-
Blog / 18 November 2024
The global rise of authoritarian regimes demands global strategies
The global funding landscape for civil society movements is changing, and is increasingly faced with policies that restrict funding streams, limit philanthropic work, and silence critical voices. These are not incidental shifts but part of a broader pattern that erodes the support for those international networks and movements under the guise ‘necessary financial cuts’, ‘aid reform’ or ‘efficiency’.
-
Publication / 18 November 2024
-
Instalink / 16 November 2024
-
Instalink / 15 November 2024
-
Event / 15 November 2024, 12:50 - 16:45
#BothENDSatCOP29 Side Events
Both ENDS’ participation at COP29 includes three critical side events that will highlight gender-just climate finance, locally-led adaptation, and multilateral approaches to a just energy transition and industrialisation in the Global South.
-
Instalink / 14 November 2024
-
Instalink / 13 November 2024
-
Instalink / 12 November 2024
-
Press release / 12 November 2024
Ruling climate case Shell: "Shell has an obligation to protect human rights."
The Hague, 12 November 2024 - The court has ruled in Shell's appeal in the Climate Case that Milieudefensie won against Shell in 2021. The Court of Appeal has ruled that the oil and gas giant has a responsibility to reduce its emissions, but has not imposed a reduction obligation.
-
Instalink / 12 November 2024
-
Instalink / 11 November 2024
-
Press release / 11 November 2024
Both ENDS's response to government letter on future cooperation with civil society organisations
DEN HAAG, 11 November 2024 - Today, the Dutch government published its policy on future cooperation with development organisations, both in the Netherlands and abroad. PVV minister Reinette Klever is putting the axe to this funding: she has decided to cut the budget for aid to international civil society by more than two-thirds: from roughly €1.4 billion to €0.4 billion in the period 2026 to 2030. This has major implications for critical voices at home and abroad, at a time when civic space for organisations around the world is already shrinking. Karin van Boxtel, director of environmental and human rights organisation Both ENDS: ‘This is an unprecedented step in exactly the wrong direction. Civil society organisations are essential for sustainable and social change worldwide. International movements fulfil multiple, indispensable roles: as a watchdog of the rule of law, as a driver of change, and as a counterforce against authoritarian tendencies. The weakening of support for these roles is a telling signal.’
-
News / 11 November 2024
Kenya Terminates Bilateral Investment Treaty with the Netherlands
The government of Kenya has officially terminated its bilateral investment treaty (BIT) with the Netherlands, marking a significant win for economic justice and environmental protection. Kenya’s decision reflects a growing global trend of rethinking outdated treaties that often prioritize corporate interests over public welfare. The Dutch Minister for Foreign Trade and Development recently confirmed that Kenya unilaterally ended the treaty in December 2023, rendering it inoperative from 11 June 2024. Kenya now joins South Africa, Tanzania, and Burkina Faso as the fourth African country to terminate its BIT with the Netherlands.
-
News / 9 November 2024
Why is the Dutch climate case against Shell important to our partners in the Global South?
On November 12th, a new ruling will be issued by the Court of Appeal in The Hague in the climate case against Shell, in which Both ENDS is a co-plaintiff. Ahead of this ruling, we asked our partners why this Dutch lawsuit is important for the Global South.
-
Instalink / 3 November 2024
-
News / 1 November 2024
Both ENDS at COP29: advocating for gender just climate finance
On November 11th, the 29th UN Climate Conference will start in Baku, Azerbaijan. Just like previous years, Both ENDS will be there to advocate for local access to climate finance, and to support our partner organisations in their advocacy work. How do we do that, and what are our hopes (and worries) about this 29th edition of the UNFCCC COP? We asked Marius Troost, who will be joining COP29 together with Daan Robben.
-
Instalink / 31 October 2024