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61 Colum. J. Transnat'l L.: Bulletin 1 (2023)

handle is hein.journals/cjtbll61 and id is 1 raw text is: Procurement Oversight or Policy Promulgation: Assessing Conditionality Implications of the World Bank's Gender- Based Violence Contractor Disqualification Mechanism The World Bank recently increased its efforts to prevent gender-based violence (GB V), a human rights issue es- timated to affect one in three women globally. As of January 1, 2021, contractors in new World Bank devel- opment projects deemed to be at high riskfor GBV must take specific, enumerated steps to reduce GBV on their worksites or face disqualification from bidding on World Bank projects. In light of the varied approaches that the Bank's constituent states have taken to GBV, this mechanism raises fundamental questions about the scope of the Bank's development mandate, the policy sovereignty of the Bank's Borrower countries, and the attachment of policy conditions to development aid in general. This Note moves discussion of these questions out of the theoretical sphere by comparing the contractor GBV- mitigation obligations to the domestic GBV law of each of the eleven countries in which the mechanism was ap- plied in its first year of existence. It demonstrates that the Bank's mechanism exceeds the GBV protections of forum law in each studied country and, in certain cases, is contrary to the enactments of local lawmakers. How- ever, the conditionality implications of the Bank's pol- icy are diminished by the fact that the mechanism does not require a shift in national policy and that penalties for non-compliance fall exclusively on contractors. This Note posits the contractor disqualification mecha- nism as a middle ground between a transnational, hu- man rights-conscious development agenda and jeal- ously-guarded national political sovereignty.

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