Last April 2021, the Office of Evaluation and Oversight (OVE) of the Inter-American Development Bank (IDB Group) published the Evaluation of the Independent Consultation and Investigation Mechanism (MICI). After the evaluation, the MICI has modified its policy, excluding the clause that prevents the registration of complaints that are part of open national judicial processes.
“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.
The evaluation carried out tried to determine if the MICI is effective and efficient in three areas: (1) the resolution of complaints, (2) the promotion of institutional learning, (3) accessibility, objective independence, impartiality and transparency. Finally, OVE made 5 general recommendations on how the Board, the Bank, and the MICI can improve the application of the IDB’s social and environmental safeguards.
In general, the document identified elements that impede the effective functioning of the MICI, including accessibility barriers, unnecessary limitations to its independence, and a systemic lack of remediation by the IDB Group when projects do not comply with safeguards. Fundeps, together with other civil society organizations, decided to publish a response and send recommendations / comments to the MICI.
Below, we summarize our points of discussion and concern for each of the recommendations made by OVE:
Recommendation # 1 – Implement and improve the Bank’s management system for environmental and social claims: We agree with OVE’s findings that show that the requirement for communities to make prior contact efforts with the Administration is a problematic barrier for access to the MICI. Affected persons who present complaints to the MICI have experienced first-hand the ineffectiveness of presenting certain complaints to the Administration. However, OVE’s proposal to establish a Bank’s own management mechanism is a measure that we consider incomplete. To ensure the effectiveness of the mechanism and the Bank, it would be best to remove the requirement that the communities first contact the Administration.
Recommendation # 2 – Repeal the legal exclusion: The report’s findings on the impropriety of the legal exclusion, and its severe restriction on accessibility, are clear. We applaud the report for mentioning that the legal exclusion should be removed. The role of an accountability mechanism within an institution is unique and different from judicial procedures. A mechanism should examine compliance with the institution’s own standards, a mandate that does not overlap with the courts or tribunals. With the approval of the OVE Evaluation by the Board, the decision to remove the legal exclusion becomes effective as of July 1, 2021. However, the resolution approving the removal of the legal exclusion should be publicized or published. to ensure that the decision to remove this requirement is widely known.
Recommendation # 3 – Strengthen the independence of the MICI: The importance of the independence of the MICI, as well as other accountability mechanisms, cannot be stressed enough. Independence is an essential condition for other attributes such as objectivity, impartiality, and transparency. The report finds the need for the MICI to ensure the approval of the Bank’s Board of Directors before starting the investigations, as a major problem that has generated “situations that compromise the independence of the mechanism.” From civil society we believe that to ensure its independence, the MICI should have the authority to determine when to initiate an investigation without approval from the Board. This is a good practice that, as noted by the report, is adhered to by many other mechanisms. As an alternative to the current policy, to mitigate the detrimental effect on the independence of the MICI, the policy should be updated by specifically and closely outlining the technical reasons for the Board to review the MICI’s decision to initiate an investigation.
Recommendation # 4 – Ensure corrective action when there are findings of non-compliance and associated damage: The Evaluation clearly stated the lack of remedy for cases of verification of compliance being that “they have not had concrete results for the applicants, despite the findings of non-compliance and related damages established by the MICI ”. We have seen this in our case work. The recommendation of the Evaluation so that all the actors – the Board of Directors, the Administration and the MICI – adhere to the practice of consistently providing corrective actions, is a step in the right direction. However, this result would be best achieved with a clear change in the policy that includes points such as: (a) Consultations during the development of corrective action plans, (b) approval of action plans based on their sufficiency, (c) monitoring compliance with action plans, and (d) alerting the Board of Directors in cases of non-compliance with the plans. Finally, while OVE’s assessment documents multiple instances in which communities have been left without remedy, despite compliance verification reports finding a cause of harm in the Bank’s non-compliance, unfortunately no recommendation is provided for these communities.
Recommendation # 5 – Strengthen the internal capacity of the MICI: One of the focuses of the MICI Evaluation of its internal functioning is the dependence on the model of consultants for the staff. The importance of MICI staff in relation to their effectiveness in resolving complaints is evident. The Bank should commit to providing the human and financial resources necessary to implement this change and avoid that the lack of human resources translates into delays during the complaint processes. The Bank should also ensure the increase of its capacity in terms of resources as necessary.
Now, from civil society we consider that public and inclusive consultations are required for the implementation of all the recommendations. Likewise, we believe that the implementation of these recommendations will require changes to the MICI policy. The steps taken to ensure compliance with social and environmental safeguards and accountability in cases of non-compliance should be reported by those affected by the projects (who live and work in the implementation sites). To hear from those affected and their representatives, the IDB and the MICI should consult publicly about their plans to implement the
OVE recommendations.
The MICI plays a fundamental role within the IDB, providing a channel for the people affected by the projects, beneficiaries of the Bank’s work, to file their claims in search of remediation. However, as OVE’s Evaluation makes clear, there are gaps in the current practices of the MICI – and related practices of the Board and Management – that prevent the effectiveness of the mechanism. To ensure the legitimacy of the MICI, the Bank has to act to address these issues fully.
More information:
Internal IDB evaluation raises the need for reforms in the operation of the MICI
Autora:
Agustina Palencia
Contacto:
Gonzalo Roza – gon.roza@fundeps.org
We send observations to the IDB to strengthen its link with civil society
“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.
While we welcome the fact that the IDB is reviewing the Action Plan to strengthen the relationship with civil society and affected communities, we believe that the way the review is being structured inhibits civil society participation in the process. For this reason, the recommendations sent to the President and his Executive Secretary are oriented in two ways:
We believe that the IDB Group’s commitment to civil society and communities affected has been and continues to be worryingly weak compared to other peer institutions. The IDB president has the opportunity to lead the change towards a more responsible bank and must foster an institutional culture in which it is accepted that the Bank makes mistakes and is more responsive not only to interactions and constructive criticism from external actors, including civil society and affected communities, but also to their internal accountability mechanisms.
To access the complete letter sent to the IDB, access here.
More information
How can the IDB Group strenghthen engagement with civil society and projects affected communities? – Bank Information Center (BIC)
Carta Grupo BID-Relacionamiento con Sociedad Civil
Recommendations to strengthen the IDB Group’s relationship with civil society and affected communities – Coalición para los Derechos Humanos en el Desarrollo
Author
Camila Victoria Bocco
Contact
Gonzalo Roza – gon.roza@fundeps.org
We have a front labeling law!
“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.
For years, in Argentina we did not know if what we ate hid any risk to our health. The increase in diseases related to poor diet (such as diabetes, hypertension and certain types of cancers), determined the need for the Argentine State to start moving forward with regulations that put the health and quality of life of the population as a priority. . After almost a year after the project left the Senate, and after several marches and countermarches, deputies were able to put aside their partisan differences, to finally approve the Front Labeling law.
This law protects three fundamental rights: health, adequate food and information in consumer relationships. For this, the regulations establish that all products packed in the absence of the customer and containing a high content of critical nutrients -such as sodium, sugar and fat- bear, on the main face of the container, black octagons with the legend “Excess in” . In this way, it is sought that simple and reliable information is available when deciding what to eat. In other words, the sale of any product is not prohibited, but rather it is intended to adequately warn of the true composition of what is being consumed.
More than a black seal
Throughout all this time, from various academic sectors and civil society, we highlight the comprehensive nature that the regulations managed to meet. This is due to the fact that, around the chosen labeling system, other regulations have been established that strengthen the protection of the right to health. These are the restrictions on advertising, promotion and sponsorship, regulations in educational establishments and in public purchases by the State.
With regard to marketing, the law requires that when a product is advertised that contains at least one warning seal, all the black octagons that this product bears are visible and / or enunciated. It only prohibits advertising when it is directed at children and adolescents and it is a product with excess fat, sugar and sodium. Given that we are in the presence of a regulation that seeks to protect children above all, the law also establishes that groceries with one or more warning stamps cannot have so-called “shopping hooks” on their packaging, such as drawings. cartoons, cartoons, famous people, athletes, etc. This is important because nothing that appears in the packaging of a product is the result of chance. On the contrary, it has been the object of analysis with the deliberate purpose of attracting the public, especially those who are in the development stage and who may not have enough knowledge to decide freely.
Regarding the educational establishments that make up the initial, primary and secondary level, the products that contain at least one warning seal or precautionary legends (“contains sweeteners, not recommended in children” or “contains caffeine, avoid in children / as ”) cannot be offered, marketed, advertised, promoted or sponsored. Likewise, in order to contribute to the development of healthy eating habits and warn about the harmful effects of an inadequate diet, the regulations also propose the development of minimum contents of nutritional food education in schools.
Finally, in relation to purchases by the State, the Public Administration must prioritize the contracting of all those products that do not have stamps. In this way, it seeks to positively impact the health of the most vulnerable sectors of the population, who are those who are most exposed to the consumption of processed and ultra-processed products.
Thus, the new law is positioned as an instrument capable of transforming the way in which the Argentine State addresses the food problem. For decades, policies have been replicated without taking into account nutritional criteria and consequently, they have not managed to reverse the chain of impoverishment or the situation of food insecurity.
What’s next
Each of the points mentioned shows that the Law for the Promotion of Healthy Eating is an advanced regulation that prioritizes public health over any other interest. It is the result of the consensus of different political forces and the best scientific evidence free of conflicts of interest.
We welcome its approval as it guarantees access to nutritious and quality food, while seeking to curb the strategies that the food industry systematically uses to promote excessive and uninformed consumption.
We took a fundamental step in terms of the protection of human rights, but the road ahead is still long. We are facing the challenge of regulation, where we know that the industry will continue to use all its machinery to protect its interests. For this reason, it is important that at this stage, each of the articles that make up the regulations continue to be protected and prioritize our rights.
Contact
Maga Merlo Vijarra, magamerlov@fundeps.org
The Seventh session was held on the binding Treaty on Human Rights and companies
“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.
The Open-ended Intergovernmental Working Group (IGWG) was created by the United Nations Human Rights Council in 2014 to develop a legally binding instrument to regulate the activities of transnational corporations with respect to human rights. From October 25 to 29, the seventh session of the IGWG was held in Geneva, which discussed the Third Revised Draft of the binding treaty on Human Rights and companies published on August 17, 2021. Not only representatives of the States participated in the session. members, but also civil society organizations and social movements.
The presidency of the IGWG, currently led by Ecuador, opened the seventh session stating that the negotiations should be “led by the States,” which raised concerns about how the contributions of civil society will be included, especially in a context where the that there is a continuous and broad participation of civil society organizations, trade unions, social movements and communities affected by the activities of transnational companies, and as this initiative is one of the most supported processes in the history of the IGWG from the ONU.
On the other hand, this year marked the 10th anniversary of the “Guiding Principles on Business and Human Rights”, one of the most important initiatives at a global level in the protection of human rights in business activity and which constitutes a frame of reference in which complementary duties and responsibilities are explained and distributed between States and Companies. However, its application is voluntary. This anniversary will be the main theme of the United Nations Global Forum on Business and Human Rights that will take place from November 29 to December 1, and will offer the opportunity to evaluate the next achievements made to date, identifying gaps and challenges. , and to inspire renewed momentum for greater and better global enforcement by States and businesses in the next decade.
Más información:
Autor
Julieta Boretti
Contact
Gonzalo Roza, gon.roza@fundeps.org
We present a statement at the 16th Youth Conference on Climate Change.
“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.
The Youth Conference (COY) 16 will take place days before the annual UN Climate Change Conference (COP). At that conference, a policy document will be finalized, which will then be presented to world leaders, representing the voice of youth at the COP.
From Fundeps we have prepared a statement in which we highlight the problems, demands and needs that the Province of Córdoba presents in environmental matters, particularly from the elaboration and implementation of policies from an extractivist and unsustainable paradigm.
Based on this, we formulate a series of demands and requirements aimed at those responsible for the formulation, implementation and monitoring of public policies aimed at the protection, improvement and conservation of the environment.
Access the statement
Contact
Juan Bautista López, juanbautistalopez@fundeps.org
Trans Fats in Argentina. What are they, where are they and why is it necessary to eliminate them?
The purpose of this document is to address key concepts around trans fats: their health effects, uses by the food industry, regulatory efforts that are being made both internationally and regionally to reduce their presence in products. food and current regulations in Argentina along with its main challenges. It concludes with the proposal for regulatory improvement presented by civil society.
The VI Regional Forum on Business and Human Rights for Latin America and the Caribbean was held
“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.
Ten years after the adoption of the Guiding Principles on Business and Human Rights (PRNU), the Forum was a great opportunity for reflection on the pending challenges and offered a space for dialogue between governments, companies, society civil society and other interested groups such as indigenous peoples, workers’ organizations and international organizations, on trends, challenges and good practices to prevent and address the negative impacts of companies on human rights.
The next decade of the Guiding Principles calls especially on the States of the world to redouble their commitments and take concrete actions to create the enabling conditions for the respect of human rights by companies. However, the participation of other interested parties in the framework of the construction and implementation of the business and human rights agenda has not only proven to be a necessity for legitimacy but also a guarantee for its effectiveness and continuity.
Furthermore, the current world situation and the context of economic reactivation and climate crisis, emphasize the importance of the existence of a business and human rights agenda committed to addressing structural problems that are exacerbated, such as inequality, poverty and informality. and in mitigating the negative effects on human rights caused by the pandemic.
In this scenario, reflect among the different parties involved on the opportunities in the region to build greater coherence between the related agendas and move decisively towards the prevention, mitigation and repair of the negative impacts of business activity on human rights and the environment, it becomes fundamental.
In line with its purpose, during the VI Regional Forum experiences have been discussed and shared in different areas that were included in panels such as: “The consolidation of international coherence for the next decade of Business and Human Rights in the region”, “The role of civil society”, “Instruments of public policy in Business and Human Rights”, “State of the process towards a legally binding instrument on Business and Human Rights”, among others. It should be noted that, prior to the start of the Forum, on October 4, there were different preparatory sessions. From Fundeps we also participate in the preparatory session for Civil Society Organizations.
We celebrate the enrichment of this meeting and reaffirm the need to continue actively participating and strengthening this type of spaces that seek to contribute to a greater implementation of the UNRP in Latin America and the Caribbean through greater appropriation and collective construction of concrete recommendations aimed at States, companies and other parties involved.
We also hope that the dialogue will be fruitful for all the actors and give a boost to the different initiatives in force at the global level for the protection and respect of human rights (such as the National Action Plans on Business and Human Rights or the International Legally Binding Instrument on Transnational Companies and other companies with respect to Human Rights) and that is not only limited to good intentions but also really serves to improve the relationship between business activity, workers, the environment and local communities.
More information
VI Foro Regional sobre Empresas y Derechos Humanos en Latinoamérica y el Caribe
Se realizó el V Foro Regional sobre Empresas y Derechos Humanos para América Latina y el Caribe – Fundeps
We present comments on the draft treaty on business and human rights –Fundeps
The V Regional Forum on Business and Human Rights for Latin America and the Caribbean was held – Fundeps
Author
Camila Victoria Bocco
Contact
Gonzalo Roza, gon.roza@fundeps.org
Workshop: How to access public environmental information?
“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.
The first workshop will have as main speaker Laura Foradori, lawyer, researcher, specialist in Environmental Education and university professor. It will focus on the importance of access to public environmental information, its regulatory framework and the obligations of the State. In addition, there will be a space for dialogue and exchange of experiences with the people present.
The second workshop will have as speaker Ana Di Pangracio, lawyer, Counselor of the International Union for the Conservation of Nature (IUCN) and Deputy Executive Director of the Environment and Natural Resources Foundation (FARN). The talk will address the Escazú Agreement and the tools it provides to guarantee the right of access to public information as a fundamental component of an environmentally committed citizenry.
Throughout the cycle, practical activities will be carried out and tools will be provided to make requests for access to information on environmental matters, with subsequent support from Fundeps.
Registration is free and free through this form and you can participate in the full cycle or in each of the meetings individually.
I WANT TO REGISTER
Contact
Juan Bautista Lopez, juanbautistalopez@fundeps.org
Access to information on projects with Chinese financing
“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.
The People’s Republic of China is the second world economy, with great relevance in international trade and financing and the provision of direct foreign investment, being Latin America, and in particular Argentina, one of the largest recipients of investments in infrastructure of Chinese origin .
Despite this, one of the main challenges that arise when analyzing the growing Chinese financing of projects both in the region and in Argentina, is the lack of transparency and the difficulty in being able to access detailed, accurate and official information about of these projects. Thus, in many cases, the scant information available about the investment amounts, the actors involved, the financing conditions or even the particularities of the projects, make it difficult to carry out a detailed follow-up and monitoring of them and even their impacts. and implications for the country or region where it is carried out.
At the same time, the evaluation of China’s compliance with the principles enshrined in the Universal Declaration of Human Rights carried out by the United Nations in the framework of the Universal Periodic Review (UPR) shows that many development and infrastructure projects of Chinese companies are not compatible with human rights, nor respectful with the environment and the sustainability of natural resources, causing impacts not only economic but also social, environmental and cultural. Hence, the information on these projects must necessarily be transparent and provided in a timely and efficient manner, especially to those communities and populations that are affected by them.
Starting from this panorama, this publication seeks to identify difficulties and lessons learned from the practical experience of accessing information on infrastructure and energy projects with Chinese financing in Argentina. For this purpose, a series of requests for information were made within the framework of the Law on Access to Public Information No. 27,275 in force in the country. Likewise, the experience of access to information from state and non-state sources was evaluated, mainly portals and journalistic media that focus on Sino-Argentine ties.
Based on the identification of some of these existing difficulties when accessing information on the subject, reflections and lessons learned are provided that feed a list of recommendations aimed at strengthening the right of access to information in Argentina.
Transparency and correct and timely access to information are presented as key elements to better understand the growing participation of China in the financing of infrastructure and energy projects in our country. Precisely, access to information, transparency and infrastructure projects should go hand in hand if you want to achieve sustainable and quality infrastructure.
DOWNLOAD THE PUBLICATION
More information
Contact
Access to information on projects with Chinese financing
This report seeks to identify difficulties and lessons learned from practical experience accessing information on infrastructure and energy projects with Chinese financing in Argentina.
Front labeling law: delays and questions
“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”
Throughout the debate on the front labeling law, it has been possible to glimpse cases of legislators who have adopted many of the narratives used by the food industry to obstruct or prevent the sanction of the regulation. For example, statements regarding the need to previously harmonize with Mercosur, the creation of technical barriers to trade, the demonization of food, the impact on jobs, among others. These arguments are characterized by being devoid of scientific evidence and lacking normative support. Well, far from being motivated by a public health interest, they are aimed at protecting the economic interests of the sector.
The bill has been in the Chamber of Deputies for almost a year and if it is not dealt with this year, it will lose parliamentary status. Faced with the questions that arise regarding the possible reasons that delay its approval, the potential existence of conflicts of interest in those who make up the Chamber, is presented as an unknown that deserves to be investigated and made visible by civil society organizations.
The Argentine legal system provides for a set of ethical principles and standards that the authorities are obliged to respect in order to guarantee that the public function is exercised in an integral and transparent manner. Among these rules, there is the regime of conflicts of interest, which establishes a series of measures and restrictions that are intended to prevent those who exercise public functions from being affected by their impartiality -or independence of criteria-, by putting their interests first. private over the public interest.
Based on this legal framework of transparency and in exercise of the right to petition the authorities, on September 6, we presented two requests for information: one, before the Anti-Corruption Office and another, before the Office of Transparency and Access to Information Public of the Chamber of Deputies of the Nation.
In this way, we request the affidavits of assets from legislators who have publicly and officially expressed themselves against the sanction of the law and which, to date, have not been published on official sites. Likewise, we request access to the list of meetings that these authorities – and their advisers – have arranged, in order to determine if there were meetings with the food industry where agreements that are affecting their impartiality have been generated, as well as the list of gifts or donations. that they may have received on the occasion or occasion of their functions.
We will continue to investigate possible avenues for complaint and urge the Anti-Corruption Office to promptly respond to the request for information submitted. The presence of conflicts of interest affects the quality of the political system and the functioning of democracies. It generates a gradual disbelief in the population about the legitimacy of public decisions and gives rise to interests outside the common good to interfere in the processes of public policy making. Making visible generates awareness in the public and is the way so that these practices are no longer legitimized.
More information
Authors
Alma Colina
Maga Merlo Vijarra
Contact
Maga Merlo Vijarra, magamerlov@fundeps.org
Civil society responds to the MICI evaluation
“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.
The evaluation carried out tried to determine if the MICI is effective and efficient in three areas: (1) the resolution of complaints, (2) the promotion of institutional learning, (3) accessibility, objective independence, impartiality and transparency. Finally, OVE made 5 general recommendations on how the Board, the Bank, and the MICI can improve the application of the IDB’s social and environmental safeguards.
In general, the document identified elements that impede the effective functioning of the MICI, including accessibility barriers, unnecessary limitations to its independence, and a systemic lack of remediation by the IDB Group when projects do not comply with safeguards. Fundeps, together with other civil society organizations, decided to publish a response and send recommendations / comments to the MICI.
Below, we summarize our points of discussion and concern for each of the recommendations made by OVE:
Recommendation # 1 – Implement and improve the Bank’s management system for environmental and social claims: We agree with OVE’s findings that show that the requirement for communities to make prior contact efforts with the Administration is a problematic barrier for access to the MICI. Affected persons who present complaints to the MICI have experienced first-hand the ineffectiveness of presenting certain complaints to the Administration. However, OVE’s proposal to establish a Bank’s own management mechanism is a measure that we consider incomplete. To ensure the effectiveness of the mechanism and the Bank, it would be best to remove the requirement that the communities first contact the Administration.
Recommendation # 2 – Repeal the legal exclusion: The report’s findings on the impropriety of the legal exclusion, and its severe restriction on accessibility, are clear. We applaud the report for mentioning that the legal exclusion should be removed. The role of an accountability mechanism within an institution is unique and different from judicial procedures. A mechanism should examine compliance with the institution’s own standards, a mandate that does not overlap with the courts or tribunals. With the approval of the OVE Evaluation by the Board, the decision to remove the legal exclusion becomes effective as of July 1, 2021. However, the resolution approving the removal of the legal exclusion should be publicized or published. to ensure that the decision to remove this requirement is widely known.
Recommendation # 3 – Strengthen the independence of the MICI: The importance of the independence of the MICI, as well as other accountability mechanisms, cannot be stressed enough. Independence is an essential condition for other attributes such as objectivity, impartiality, and transparency. The report finds the need for the MICI to ensure the approval of the Bank’s Board of Directors before starting the investigations, as a major problem that has generated “situations that compromise the independence of the mechanism.” From civil society we believe that to ensure its independence, the MICI should have the authority to determine when to initiate an investigation without approval from the Board. This is a good practice that, as noted by the report, is adhered to by many other mechanisms. As an alternative to the current policy, to mitigate the detrimental effect on the independence of the MICI, the policy should be updated by specifically and closely outlining the technical reasons for the Board to review the MICI’s decision to initiate an investigation.
Recommendation # 4 – Ensure corrective action when there are findings of non-compliance and associated damage: The Evaluation clearly stated the lack of remedy for cases of verification of compliance being that “they have not had concrete results for the applicants, despite the findings of non-compliance and related damages established by the MICI ”. We have seen this in our case work. The recommendation of the Evaluation so that all the actors – the Board of Directors, the Administration and the MICI – adhere to the practice of consistently providing corrective actions, is a step in the right direction. However, this result would be best achieved with a clear change in the policy that includes points such as: (a) Consultations during the development of corrective action plans, (b) approval of action plans based on their sufficiency, (c) monitoring compliance with action plans, and (d) alerting the Board of Directors in cases of non-compliance with the plans. Finally, while OVE’s assessment documents multiple instances in which communities have been left without remedy, despite compliance verification reports finding a cause of harm in the Bank’s non-compliance, unfortunately no recommendation is provided for these communities.
Recommendation # 5 – Strengthen the internal capacity of the MICI: One of the focuses of the MICI Evaluation of its internal functioning is the dependence on the model of consultants for the staff. The importance of MICI staff in relation to their effectiveness in resolving complaints is evident. The Bank should commit to providing the human and financial resources necessary to implement this change and avoid that the lack of human resources translates into delays during the complaint processes. The Bank should also ensure the increase of its capacity in terms of resources as necessary.
Now, from civil society we consider that public and inclusive consultations are required for the implementation of all the recommendations. Likewise, we believe that the implementation of these recommendations will require changes to the MICI policy. The steps taken to ensure compliance with social and environmental safeguards and accountability in cases of non-compliance should be reported by those affected by the projects (who live and work in the implementation sites). To hear from those affected and their representatives, the IDB and the MICI should consult publicly about their plans to implement the
OVE recommendations.
The MICI plays a fundamental role within the IDB, providing a channel for the people affected by the projects, beneficiaries of the Bank’s work, to file their claims in search of remediation. However, as OVE’s Evaluation makes clear, there are gaps in the current practices of the MICI – and related practices of the Board and Management – that prevent the effectiveness of the mechanism. To ensure the legitimacy of the MICI, the Bank has to act to address these issues fully.
More information:
Internal IDB evaluation raises the need for reforms in the operation of the MICI
Autora:
Agustina Palencia
Contacto:
Gonzalo Roza – gon.roza@fundeps.org
Draft Law “Promotion of Healthy Eating”: refutation of arguments of the food industry
This report sets out the various legal arguments supported by the non-alcoholic food and beverage industry, as well as by the advertising industry, against the sanction of the Healthy Eating Promotion bill; and then refute them based on legal arguments and scientific evidence free of conflicts of interest.