Tag Archive for: MICI

In the framework of the review process of the second Action Plan of the IDB Group-Civil Society (2022-2024), more than 20 civil society organizations sent a letter to the President of the IDB, Claver-Carone, with observations and recommendations to strengthen the IDB’s relationship with civil society and affected communities.

“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:

  • On the one hand, the Bank is asked to provide specific spaces and complete and accessible information so that civil society, including indigenous peoples, local communities, people affected by IDB Group projects (including MICI applicants), and organizations critical to the IDB can participate and get involved effectively. In this sense, it is essential that agendas begin to be built in a participatory way, that invitations to consultations are at least 30 days in advance and that they include a wide range of stakeholders. The optimization and adjustment of public consultation processes is also necessary, since they are currently excessively rigid and do not promote a meaningful or direct discussion between the parties, ultimately generating low-productive inputs that continue to weaken transparency and accountability in the Bank.
  • On the other hand, it is emphasized that after the consultation or dialogue, the IDB must guarantee continuous communication that keeps the interested parties informed and provide information on how their contributions influenced the decisions taken.

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

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.

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

On April 1, the Office of Evaluation and Oversight (OVE) presented an evaluation report of the Independent Consultation and Investigation Mechanism (MICI) corresponding to the period 2015-2020. The evaluation examined the Mechanism’s policy and its application, with the aim of informing the Boards of the IDB and IDB Invest on the extent to which the MICI has been an effective and efficient mechanism in the resolution of claims associated with environmental and social impacts of projects financed by the Bank.

“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”

In its report, the Office of Evaluation and Oversight (OVE) determined that the current MICI policy corrected important issues identified in its last evaluation of 2012. Among the main advances, it highlighted the solution to the problems of accountability and associated conflicts of interest. to the previous organizational structure, as well as the duplication problems of the eligibility instance; the establishment of deadlines for the management of requests; and the creation of instances for the participation of the administration. Likewise, he highlighted a greater consistency between the policy, the guidelines developed, and the associated processes.

The evaluation also highlighted the progress made in the internal functioning of the MICI, as a result of the restructuring of the mechanism, as well as the process of consolidation and institutional learning. The mechanism has been able to define its work plan and manage its human and budgetary resources independently of the IDB Group administration.

However, judicial exclusion, a key issue, remained pending. It is one of the exceptions of the internal policy to the eligibility of applications and establishes that those matters raised in an application that are being the subject of arbitration or judicial processes in a member country of the IDB Group are not eligible.

Although judicial exclusion was identified by OVE in 2012 as a limiting factor for the effective and independent functioning of the MICI, it was maintained in the reformulated policy in 2014. Likewise, there are other limitations that have emerged in the application of the policy in recent years. 5 years but that, to a large extent, have been paid for by the MICI. This shows that there is sufficient margin for the mechanism to manage the limitations of the current policy.

Access to the MICI

Regarding access to the mechanism, OVE identified that the MICI is not yet well known among applicants. Realizing that between the different institutional levels there is a lack of consensus on the importance of publicizing the mechanism and the way to achieve it. An issue that should not be overlooked, since access to the MICI depends on the knowledge that people have about the existence of the mechanism.
For their part, those who were able to access the MICI found that their applications were not registered due to the difficulty in complying with some requirements. In this regard, the IDB Group does not have a claims management system, which makes it impossible to know the number of concerns that the administration receives.

Case management

Regarding case management, although the MICI is operating in accordance with the principles established in its policy: independence, objectivity, impartiality, transparency and efficiency; Their ability to act independently is affected by being subject to the decisions of the Board of Executive Directors.

In accordance with its policy, the Board controls the possibility of initiating an investigation in the Compliance Verification Phase (FVO) and decides whether or not to approve the recommendations of an MICI investigation. Originally, the approval of the Board of Directors to continue with an investigation was thought as a short procedure but it has come to be conformed as a contentious procedure affecting the independence of the MICI.

Finally, many ongoing investigations have presented delays related to the complexity of the projects and themes. Complaints were also filed by the applicants about the length and slowness of the processes in the Compliance Verification Phase (FVO), which reduces the possibilities of effective redress.

Recommendations

After identifying the main difficulties in the current operation of the mechanism, OVE proposed a series of recommendations to be adopted by the MICI. Among the main ones, in the first place, the elimination of judicial exclusion and the strengthening of its internal capacities stand out. In turn, OVE highlighted the need to reinforce the independence of the mechanism and ensure the adoption of corrective measures when there are findings of non-compliance with the policies and related damages.

Remembering that one of the main objectives of the IDB Group is to improve the quality of life in the region, monitoring its policy is a key tool to guarantee compliance with socio-environmental safeguards and transparency in the development of projects. funded. If the recommendations made by OVE are applied, it would imply a declaration of commitment by MICI to the users, who, among other complaints, have systematically insisted on an improvement in the conditions for accessing the mechanism.

Based on this evaluation, one might wonder if the limitations of the current policy can be rectified by incorporating OVE’s recommendations or if these limitations, on the contrary, make a new comprehensive review of the policy necessary, a measure that has been ruled out by OVE until the moment.

At Fundeps, we consider that there are still many obstacles to overcome to guarantee an effective and independent action of the mechanism, especially regarding the need to nullify judicial exclusion. However, we highlight the importance of these types of entities that are beneficial for both the public and private sectors, and especially for the communities affected by IDB Group investments.

More information:

Authors:

Clara Labat 

Julieta Boretti

Contact:

Gonzalo Roza, gon.roza@fundeps.org

On April 27, we participated in a discussion with civil society organized by the Independent Consultation and Investigation Mechanism (MICI) of the IDB, on the occasion of the recent inauguration of its new director, Andrea Repetto. Civil society organizations, individuals and people from the public and academic sectors from different countries participated. One of the main points of discussion revolved around the evaluation of the Mechanism’s operation recently carried out by the Office of Evaluation and Oversight (OVE) of the IDB Group.

“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 Independent Consultation and Investigation Mechanism (MICI) was established in 2010 as an instance of last resort so that people who consider themselves affected by projects financed by the IDB Group can turn to the mechanism in search of a solution. In this regard, it should be noted that the complaints submitted must relate to non-compliance with the bank’s operating policies and not to other national and / or international regulations.

At the beginning of the discussion, the new director introduced herself personally, conducted a review of the most outstanding events of 2020 and indicated what the priorities of the mechanism will be during 2021.

Case management in times of COVID-19 and management priorities during 2021

In 2020, the MICI took actions to mitigate the impacts of the pandemic on claims management. Managed a total of 21 claims from communities potentially affected by projects financed by the IDB Group in 9 countries: 17 claims refer to IDB projects with the public sector and four to IDB Invest operations with the private sector. In addition, the MICI began, for the first time, a completely remote dispute resolution process in Colombia (Ruta del Cacao).

Similarly, with the recent assumption of Repetto as director, 2 priority areas were identified during 2021: on the one hand, the opening of the mechanism, seeking to make it more accessible to the communities that need it and, on the other, institutional learning, with The objective of adding more value to the IDB Group and reinforcing its accountability and sustainability.

OVE’s evaluation of the MICI

OVE carried out a first evaluation of the MICI in 2012 and identified significant problems in terms of its policy, structure and operation, recommending ending the pilot phase of the MICI and reformulating its policy and structure. Thus, in December 2014, the Bank’s Board of Directors approved a new policy and structure for the mechanism and, since the beginning of 2016, the MICI is also responsible for managing requests related to IDB Invest operations, that is, the private sector.

In the following evaluation (2015-2020), 19 cases were analyzed (between December 2014 – June 2020) and it was concluded that the MICI, in general, is operating in accordance with the principles established in its policy: independence, objectivity, impartiality, transparency and efficiency and that the current policy corrected important issues identified by OVE in its 2012 evaluation as limiting the proper functioning of the MICI. Similarly, there was greater consistency between the policy, the guidelines developed, and the associated processes. OVE also highlighted the consolidation of capacities in conflict resolution within the MICI.

However, there is still room for the MICI to deepen its efforts to maximize its contribution to the IDB Group’s system of safeguards and environmental and social standards.

A key issue that remained pending is judicial exclusion, which continues to be an important factor limiting the effective and efficient functioning of the MICI.

OVE also found that some requirements to access the mechanism are difficult for applicants to meet, such as the need to present their concerns to management before resorting to the MICI. In this regard, it should be mentioned that the difficulty of complying with the requirement of prior contact with the administration had to do, to a large extent, with the lack of a complaints management system within the IDB Group during the period under evaluation (2015 -2020) and one of the OVE evaluation recommendations points towards that goal.

Promotion of access and risk of retaliation

OVE indicated that the mechanism is not yet well known despite the important efforts of the MICI to make it known, including important work in the area of ​​attention to the risk of retaliation that has important implications for safe access to the mechanism. Nor is it clear that at the institutional level there is consensus on the importance of publicizing the mechanism and how to achieve it. Not a minor issue, since access to the MICI depends on the knowledge that people have about the existence of the mechanism.

Finally, another point that the evaluation indicates that should be strengthened is the independence of the mechanism, a fundamental issue since the credibility of the mechanism depends on its ability to work independently. Although the MICI is an arm of the Board of Directors, its added value depends on the extent to which it can present you with frank and honest reports on complaints associated with IDB Group projects.

Based on these and other observations, OVE made 5 recommendations, directed both to the MICI and to the administration and the Boards of the IDB Group. These include: 1) implementing the management system for environmental and social claims of the IDB Group’s administration so that it is articulated with the MICI, 2) nullifying the judicial exclusion, 3) reinforcing the independence of the MICI, 4) ensuring the adoption of corrective measures when there are findings of non-compliance with the policies and related damages and, finally, 5) strengthen the internal capacities of the MICI.

One might wonder, however, if the limitations of the current policy can be remedied by incorporating OVE’s recommendations or if these limitations, on the contrary, necessitate a new comprehensive review of the policy, a measure that OVE has ruled out in its evaluation.

At Fundeps, we believe that this type of instance is essential to exchange opinions and positions in relation to how the Mechanism could be even more efficient and effective in its interventions to the problems that arise in our region. Likewise, we consider that a strengthening of the mechanism translates into an improvement in the accountability system of the IDB Group as a whole.

We hope that these instances will continue to be repeated over time and we celebrate that the MICI is willing to receive feedback from those who position themselves as users of the mechanism, being able to glimpse the shortcomings that the processes may have.

More information
Author
  • Camila Victoria Bocco
Contact

Andrea Repetto has been appointed by the Executive Board of the Inter-American Development Bank (IDB) as Director of the Independent Consultation and Investigation Mechanism (MICI) for the period 2021-2026 and began functions on March 16, 2021.

“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”

On February 5, the IDB announced the appointment of the Chilean Andrea Repetto Vargas as the new Director of the MICI for the period 2021-2026. Repetto Vargas is a lawyer and has more than 15 years of experience in accountability mechanisms, promotion of human rights and mediation. He was a Human Rights Specialist at the Inter-American Commission on Human Rights of the Organization of American States (OAS) and worked as a conflict resolution specialist for the CAO, the independent accountability mechanism of the Group’s International Finance Corporation (IFC). World Bank. She has also led mediation and dialogue processes to address complex environmental and social project issues in Latin America and West Africa.

Upon assuming office on March 16, Repetto Vargas expressed his commitment to work for an MICI “even more open to all the people and communities in the region who need us”, emphasizing his will to “promote institutional learning, which allows us to contribute even more value to the institution and thus reinforce accountability and environmental and social sustainability of IDB Group projects. She, in turn, highlighted the work done by the outgoing director, Victoria Márquez-Mees, and her entire team, pointing out that she allowed the Mechanism to be strengthened and to position it as a benchmark.

From Fundeps we welcome the appointment of Andrea Repetto Vargas as the new Director of the MICI and we hope that this election will allow the process of strengthening and dissemination of the Mechanism that has been taking place since its creation in 2010 to continue.

More information

Author

  • Juliet Boretti

Contact

This document analyzes the operation of the Inter-American Development Bank mechanism: Independent Consultation and Investigation Mechanism -MICI-. For this, not only the MICI policy is taken into account, but also the number of cases submitted to the mechanism, how many have been registered and considered eligible and how many have not, why they have not been considered, the countries with the most complaints, the reasons why complaints have been rejected, among other parameters. All this with the objective of observing how clear and precise the MICI Policy is for the communities affected by the projects financed by the IDB and IDB Invest.

Before the departure of the current Director of the MICI, Victoria Márquez Mees, at the end of June, a group of civil society organizations requested, through a letter sent to the IDB Executive Board, the inclusion of interested parties and the transparency in the selection process of the new Director of the Mechanism.

“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”.

On June 30, the current Director of the MICI, Victoria Márquez Mees, ends her term as head of the IDB accountability mechanism, a post she has held since 2015. In this way, the IDB is beginning the selection process from the new Director, therefore, together with a group of civil society organizations, we sent a letter to the Bank’s Board of Executive Directors requesting the inclusion of civil society and interested parties in said selection process. It should be noted that the last selection process carried out by the Bank was not very transparent and did not include civil society or other external stakeholders.

In line with the above, we recommend that the Bank create opportunities and encourage the participation of civil society and external stakeholders in the selection process. Especially considering that the MICI policy establishes that the Board will convene a selection panel to identify candidates. Furthermore, the inclusion of external stakeholders in the process of selecting the Director of accountability mechanisms is a good practice carried out by various international financial institutions such as the European Bank for Reconstruction and Development, for example.

In line with the process of changing the mechanism’s direction, on June 12, together with a group of civil society organizations, we sent a second letter to the IDB requesting that the External Consultative Group -GCE- of the MICI be part of the process of selection. The participation of the CME will bring greater transparency to the process since the members of the Group are interested parties in the Bank who have knowledge about the region, the operation of the MICI and on issues related to transparency, sustainability and accountability. In addition, the inclusion of CGE members in the selection process means reporting your experience and qualified perspectives on the legitimate topic and the selection process and identifying the best possible candidate.

More information

Contact

Gonzalo Roza, gon.roza@fundeps.org 

The following document deals with the Inter-American Development Bank’s Gender Policy and Action Plans, and the international standards on women’s human rights with the purpose of developing a comparative analysis between both instruments. This analysis is motivated by the few complaints with a gender component that has been submitted to the IDB’s accountability mechanism, MICI. 

The ICIM, accountability mechanism of the IDB and IDB Invest, on the occasion of increased reprisals towards applicants, has worked to improve the capacity of its team in dealing with these situations. Consequently, it has developed a series of Guidelines to address the risk of reprisals in the management of applications that will take effect in 2020.

“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 IDB and the IDB Invest have an accountability mechanism (IAMs), the Independent Consultation and Investigation Mechanism, better known as ICIM.

The accountability mechanisms have been created by the IFIs so that communities can file claims against possible damages that have been caused by the investments that banks make and, therefore, that are not complying with environmental, social standards and transparency according to which the institutions carry out their work. The characteristics of this type of mechanisms are adapted to the UN Guiding Principles on Business and Human Rights, specifically its pillar 3 of access to reparation mechanisms by victims.

However, it has been frequently observed that applicants who file complaints in the ICIM suffer from reprisals, manifested in various ways. This does not cease to endanger the life of the applicants, who in most cases are environmental and / or human rights defenders. In 2018, the mechanism observed an increase in cases where confidentiality is requested for fear of reprisals or acts of intimidation towards the communities in which the Bank-financed project is being developed.

For this reason, the ICIM developed the toolkit ‘Guide for IAMs on measures to address the risk of retaliation in claims management’. This guide aims to assess the level of risk that would involve the intervention of a mechanism and what are the ways to prevent, mitigate, reduce or address it. In both sections, the document provides tools to guide the mechanisms and their respective institutions on what steps should be taken to address these situations.

In Latin America, environmental and human rights defenders suffer constant violations of their rights. For this reason, and in order for financial institutions to become more aware of this problem, the mechanism met with the office of the UN High Commissioner for Human Rights. The central conclusion of this meeting was to ratify the centrality that human rights should occupy in financing for sustainable development. As a result, the ICIM, starting in 2020, will have the ‘Guidelines to address the risk of retaliation in the management of applications’.

The Guidelines have been created so that applicants, given the risk of reprisals before or after making a complaint before the mechanism, can effectively apply the MICI-IDB and MICI-IIC Policies. They constitute a tool to implement in regions or areas where there is simply the risk of retaliation.

The Guidelines will be used according to factors that create, increase or aggravate the risk of retaliation by applicants before the Mechanism; It is also intended to work with applicants to reduce and address the risk factors that are identified.

The guidelines document addresses the principles for case management where retaliation risk is detected. Some of these principles are:

  • Zero tolerance for retaliation,
  • Participatory and continuous risk assessment;
  • Action without damage;
    Honesty and transparency about the ICIM mandate on reprisals.

The guidelines should serve as a guide to train the entire work team in Retaliation Risk Management, disseminate the guidelines and provide training to other IDB Group units. In addition, it makes the document available for any institution to use, provided they do not alter its content.

Finally, the guidelines will have to be shared with applicants at the registration stage to analyze the existence of retaliation risk. If so, an ICIM team must prepare a Retaliation Risk Analysis (ARR). According to the level of risk identified in the analysis, the Mechanism team will develop a Joint Plan to reduce retaliation risk (PCRR) that may establish prevention or mitigation measures.

If these guidelines are applied correctly, it would mean an advance in the protection of environmental and human rights defenders, as well as communities, who make claims due to the negative social and environmental impacts of projects financed by international financial institutions.

More information

Author

Sofia Brocanelli

Contact

Gonzalo Roza, gon.roza@fundeps.org

“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”

 

Last Wednesday, August 30, at the annual meeting of the Network of Independent Accountability Mechanisms(IAMNet) held this year in the city of Thessaloniki, Greece, a roundtable discussion between representatives of the mechanisms and Civil Society Organizations (CSOs) working on accountability agendas, including FUNDEPS. At the same time, a public outreach event was held to present the work of the IAMNet Network and the characteristics and mandates of the main accountability mechanisms of the International Financial Institutions (IFIs), Inspection of the World Bank, the MICI of the Inter-American Development Bank (IDB Group) or the CAO of the International Finance Corporation (IFC), among others.

For their part, the CSOs that participated in the event addressed opportunities and challenges in accountability in the IFIs and the work that has been done from civil society in accountability.

At the round table, a technical discussion was held around a key question regarding the function of this type of mechanism: “Can Dispute Resolution be compatible with Rights?”. Recall that most of the IFIs’ independent accountability mechanisms have a dispute resolution function for complaints from communities affected by projects funded by these financial institutions. In that regard, the current problems of the dispute resolution process were discussed in the way it is currently being developed; and sought to address what an effective rights-based dispute resolution process should be, and what their outcomes should be.

On the other hand, in the days leading up to and after the aforementioned event, strategic meetings of two working groups were held that address issues and agendas related to our work at Fundeps. On 28 and 29 August the annual meeting of the EuroIFI network was held and on 31 August a strategic meeting of the IAWG (International Advocates Working Group) working group, of which we are part. The EuroIFI Network is an informal network of non-governmental organizations (NGOs) that focus their work on IFIs such as the World Bank, the European Investment Bank and the Monetary Fund, among others. The IAWG is a network of NGOs around the world that share information, lessons learned, best practices and strategies around accountability mechanisms; and supports communities that complain to these mechanisms.

Our participation in these three events has been very useful, not only because we were able to share information and experiences in terms of accountability with key players in this agenda, but also because it has enabled us to know and acquire more information regarding specific cases of presentation of complaints to this kind of mechanisms. Moreover, in view of our work on accountability mechanisms, and in particular in relation to the ICIM and the advice we are giving to communities in Córdoba and Bolivia regarding the possible submission of complaints to the ICIM.

More information

– Network of Independent Accountability Mechanisms

– Video on the IAMnet network

– MICI website

– Inspection Panel website

– CAO website

– Glass Half Full. The state of accountability in development finance – Enero de 2016

Contact

Gonzalo Roza / Coordinador del Área de Gobernabilidad Global

gon.roza@fundeps.org

The project “Centro Ambiental Carlos Paz” presents serious irregularities and violates environmental regulations and participation. It would affect Lake San Roque and would not be a definitive regional solution to the historical problem related to the integral management of solid urban waste.

“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”

 In the province of Cordoba, our officials continue to fail to provide an adequate and committed response to the problem of solid urban waste management. As in the elaboration of many other public policies deaf ears are made to the recommendations of science, technology and the needs of the citizens.

The management of urban solid waste is considered one of the main environmental problems of our society. And as a consequence of this, Argentina has an Integrated Management Program for Urban Solid Waste (GIRSU) -AR-L1151 financed by the Inter-American Development Bank (IDB).

The Program finances works for the integral management of urban solid waste (MSW) and the recovery of degraded areas due to the poor disposition of such residues. The total cost of the program is 150 million dollars within the same is the Environmental Center Villa Carlos Paz, whose name is already biased since it would be more accurate to talk about a landfill. A landfill is a place destined to the final disposition of trash, in which multiple measures are taken to reduce the impacts to the environment. In short, it seeks to reduce and isolate waste and develop mechanisms to treat liquids and gases produced by the decomposition of organic matter.

The questioned Environmental Center Villa Carlos Paz pretends to be a landfill where there is now an open dump. The autoconvocado neighborhood group, opposes the construction of the landfill in the selected place and approved by the Secretariat of Environment and Climate Change of Cordoba. Since the beginning of this year we are working together with neighbors and neighbors of the area. The reasons why we require the relocation of this project of more than 200 million pesos are varied. The guidelines of science and technology have not been followed for the elaboration and construction of this type of works and are violating environmental norms and citizen participation.

First, the environmental impact study (EIA) presents inconsistencies.

* Probable outdated baseline studies: There is a high probability of a mismatch of baseline description of water quality, soil, air as a function of the behavior of natural and environmental variables and impacts evaluated . The exact date of its elaboration is not known, but the EIA was presented by TecnoMak S.A. On March 30, 2015, had an opinion of the Technical Interdisciplinary Committee on February 29, 2016 and was submitted to a public hearing on April 6 of that year. In this context, both for the instance of citizen participation and for the execution of the work, the study was done in a context that is not the current one.

* Lack of clarity on the basis for the selection of the location of the work: it is objectionable the justification of the choice of the farm to carry out the works. To carry out the project TecnoMak S.A. Considered three possible properties, however it is unknown the fundamentals by which it was chosen for its location in the building of the current open dump. Neither are the reasons why the other two alternatives were ruled out.

* Possible impacts to the lake and a reserve: The situation is aggravated by the fact that it is intended to build a few meters from Lake San Roque on land that may have a greater propensity to seep or leach into the water and adjoining a protected natural area Natural Reserve La Calera).

* Use of outdated census data: The EIA uses data from the 2008 national population census, with one being carried out in 2010, which shows considerable changes in the number of inhabitants of the area.

Secondly, the resolutions of the administration that establish the useful life of the project are not clear. The first opinion of the Interdisciplinary Technical Commission of the Environment Secretariat (February 29, 2016) suggests that “the draft module for the final disposal of MSW will be maximum for a use of six years.” It also recommends that the use of the module for the final disposal of RSU receives only the waste from the town of Villa Carlos Paz. Following the public hearing held on April 6, 2016, and without public prefeasibility studies, a second opinion of the ITC decided to extend the useful life of the project to twenty years, as well as the number of communes reached To the towns of Villa Río Icho Cruz, Mayu Sumaj, Cuesta Blanca, Tala Huasi, Cabalango and Malagueño. In summary, the reasons for which this decision was taken are not known, the plane with the exact coordinates where the Landfill and the total number of projected modules.

Thirdly, the right to participation of citizens living within the area of ​​influence of the project was affected. The art. 67 of Law 10,208 establishes that the public hearing process must be carried out in the area of ​​influence of the project and open participation. In this case, the public hearing was convened only in Villa Carlos Paz (Department of Punilla), and one of the areas most affected by the proximity of the property is the municipality of Malagueño, belonging to the Department of Santa Maria. In addition, the possibility of convening a popular consultation was not foreseen, considering the possible categorization of the project as having a high environmental complexity (article 68, law 10,208).

This alarming project has an environmental license approved by the Ministry of Environment of the Province, and the EIA has not been prepared in strict compliance with the current regulatory framework. Socio-environmental conflict is imminent and works can begin at any time.

The excessive growth in the volume of waste in today’s society is endangering the capacity of nature to maintain our needs and those of future generations. Population and consumption grow, and as a consequence, also the amount of garbage we generate. The problem is that the space does not grow and that we are not giving the right treatment.

We have submitted requests for information to the Secretary of Environment of the Province of Córdoba, the Municipality of Malagueño and the Municipality of Villa Carlos Paz. In addition, on May 8, we approached a note to IDB officials in Argentina responsible for following up on the program by letting us know about these concerns.

We demand transparency, accountability and coherence in government acts. We need integral and long-term solutions for the integral management of solid urban waste. Our officials are obliged to comply with current standards and to ensure that human rights and the environment are respected. It is not possible to make decisions democratically at any cost and regardless of the conditions.

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Contact

Male Martinez, malemartinez@fundeps.org

María Victoria Gerbaldo, victoriagerbaldo@fundeps.org

In February the ICIM concluded the process of selecting members of its External Consultative Group. Juan Carballo, Executive Director of FUNDEPS has been selected to integrate it.

“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”

Following a selection process, the Independent Consultation and Investigation Mechanism (MICI) of the Inter-American Development Bank selected eight members to form its External Advisory Council (GCE).

The purpose of the CGE is to support the ICIM’s commitment to fulfilling its accountability mandate in a credible, effective and transparent manner.

Juan Carballo, our Executive Director, has been selected to join GCE with Ana-Mita Betancourt (United States), Maximiliano Brandt (Costa Rica), Leonardo Crippa (United States), Manuel Morales (Ecuador), Paulina Ibarra , Andrea Repetto (United States) and Melanie Salagnat (Mexico). The members will participate voluntarily, without remuneration and the initial mandate will be for a period of two years.

The CGE is planning its first meeting for the first half of this year. We hope that the recommendations and suggestions regarding the membership, composition and objectives and functions of the CGE that we present at the time will be taken into account in the actions of the group.

From FUNDEPS, we will share with civil society in general the opportunities for monitoring and advocacy provided by the CGE.

More information

Contact

Juan Carballo / Executive Director

Juanmcarballo@fundeps.org