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In September 2010, the Inter-American
Development Bank’s (IDB) new accountability mechanism, the Independent Consultation and Investigation Mechanism (MICI, for its initials in Spanish) became operational.


The MICI policy was created in 2010 to replace the 1994 Independent Investigation Mechanism.  The MICI policy was developed in consultation with civil society stakeholders during which IDB received written comments from 63 organizations and individuals, including Accountability Counsel.

 

Inter-American Development Bank (IDB) Advocacy


 


*Materials on this website have been prepared by Accountability Counsel for informational purposes only and do not constitute advertising, a solicitation, or legal advice. Transmission of the materials and information contained herein is not intended to create, and receipt thereof does not constitute formation of, an attorney-client relationship.

 

phone:     1.415.412.6704

email:       info@accountabilitycounsel.org

address:    8 California Street, Suite 650, San Francisco, California, 94111, USA

As the accountability mechanism for a regional development bank involved in projects like roads through rainforests and oil pipelines through indigenous territories, the MICI is tasked with providing affected people a place to file complaints about IDB operations that have caused or are likely to cause them harm.  Complaints are addressed through either the MICI’s dispute-resolution process, or an audit that determines whether an IDB operation has violated the IDB’s policies.  For more information about how the MICI operates, please see our Accountability Resource Guide, available here.


One Year On


Accountability Counsel conducted an in depth analysis and critique of the first year of the MICI’s operations. 


We are working with civil society partners in the Americas, as well as groups and individuals that have filed complaints to the MICI, to bring to light concerns with the MICI policy and operations that remain or have presented themselves in the first year of MICI operation.  The review focuses on the current incapacity of the MICI, in policy and practice, to ensure that the mechanism is transparent, accessible, fair and effective for communities impacted by IDB operations.  We are engaged in conversations about our concerns with the Executive Directors of the IDB, the staff of the MICI, and
members of U.S. Congress.


On September 16, 2011, we submitted a letter to the IDB’s President and Board, requesting action to address issues with the MICI’s functioning and policies that should be improved.  The letter was endorsed by civil society partners throughout Latin America.


We will soon be releasing a civil society guide to the IDB MICI and other materials.


History of the Review of the IDB Accountability Mechanism


In June of 2009, Accountability Counsel provided comments to the IDB suggesting ways to improve its proposed Independent Consultation and Investigation Mechanism draft policy.  Many of Accountability Counsel’s comments were incorporated into IDB’s revised February 2010 final ICIM policy, resulting in a reformed ICIM that has increased independence, access, effectiveness, and transparency.

  1. BulletRead the IDB’s ICIM Proposal

  2. BulletRead Accountability Counsel’s Letter to the IDB

  3. BulletRead the Final IADB Independent Consultation and Investigation Mechanism Policy


What Was Accountability Counsel’s Impact in the 2009 Review?


The final ICIM policy contained a number of significant reforms, listed below, that improve the ICIM in several key areas that follow our recommendations:


Independence:

  1. The new policy creates a separate office in which to house the ICIM, instead of within the Office of the Secretary.

  2. The ICIM office will report only to the Board of Executive Directors, and not to the President.

  3. The policy includes a new position to oversee the consultation phase, a Board-appointed Project Ombudsperson. 


Effectiveness:

  1. The new policy includes emergency and policy-based loans within the scope of the mechanism.

  2. It strengthens the role of Requesters by allowing them to provide input at various stages of the process.


Access:

  1. The new policy reduces filing hurdles allowing more flexibility in the eligibility assessment.

  2. Requests may be submitted electronically or even orally.

  3. Requests may be submitted in any language.


Transparency:

  1. The new policy creates a public registry, on which documents and cases status will be posted.

  2. It also incorporates clearer timelines.


Unfortunately, some of Accountability Counsel’s suggested reforms were not adoptedmost importantly, the recommendation that the mechanism move away from mandatory sequencing, which requires Requesters to wait for the consultation phase to run its course before initiation of a compliance review.  Because sequencing can often minimize the role of compliance review and make it a less effective tool for communities and the institution, Accountability Counsel recommended that the IDB ICIM allow compliance review to be undertaken simultaneous to a consultation, where it is appropriate.  Since sequencing could delay the process and thereby hamper effectiveness of the mechanism, we believe this should be changed in the future.


Accountability Counsel’s Briefing Paper discusses this sequencing problem and a number of other key concerns regarding the MICI’s first year of operation.


 
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