MICI-CII-CO-2023-0210
Pamplona-Cúcuta Toll-road - Social Bond
Country: Colombia
Reception date: June, 15 2023
Current Status: Closed
Requesters:
Two residents of the city of Cúcuta, Colombia.
Summary of the Request
The Request alleges a potential damage to the economy of the Requesters due to the expropriation, without adequate compensation, of a strip of land, where a mining concession owned by the complainants.
The Requesters allege that consequential damages, such as the destruction of infrastructure, the limitation of access to the mine and the cost of environmental license modifications, were not considered.
Likewise, the Request mentions that there was loss of profits since the expropriation of the land made it completely impossible to extract coal from the mine. All of the above, they allege, would constitute an alleged breach of the relevant policies of IDB Invest.
Recent actions
In the preparation of the Recommendation for a Compliance Review, the Phase reviewed public and confidential project documents, met with Management and the Requesters, and listened to their allegations to answer any questions. MICI concluded that Management had complied with the requirements of IDB Invest’s Environmental and Social Sustainability Policy, Performance Standard 1 (PS1, Assessment and Management of Environmental and Social Risks and Impacts), and PS5 (Land Acquisition and Involuntary Resettlement).
Following this analysis, the Phase submitted for consideration to the IIC Board of Executive Directors its recommendation to not conduct an investigation and urged Management to discuss with the Client the inclusion of risk management measures more aligned with the spirit of IDB Invest’s environmental and social policies.
On July 24, the Board approved, without objection, the Recommendation not to investigate. MICI notified the parties of this decision and closed the case.
Past actions
On June 20, 2023, MICI notified the Requesters and IDB Invest Management of the registration of the Request.
On August 21, 2023, the MICI determined that the Request was eligible because it met all the eligibility criteria set forth in the MICI Policy.
The eligibility determination process has at no time been an investigation of the Project or IDB Invest. The fact that the Request was declared eligible is not a determination of compliance or non-compliance by the institution with its Policies and/or Performance Standards.
The Request was referred to the Consultation Phase by decision of the Requesters.
On October 17, 2023, the Board of Executive Directors approved, by short procedure, an extension of the deadline for the Assessment stage until December 20. The objective of this extension is to continue exploring the viability of a dialogue process between the group of requesters, the client and IDB Invest's management.
On December 19, 2023, MICI submitted its Consultation Phase Assessment Report, concluding the inexistence of conditions to begin a dispute resolution process. The report was distributed to the IDB Invest Board of Executive Directors for information. The management of the case is transferred to the Compliance Review Phase.
The deadline for the elaboration of the Recommendation for a Compliance Review and Terms of Reference is February 8, 2024.
On February 13, 2024, the Board approved an extension of the deadline for preparing the draft of the Recommendation. The new deadline expires on February 23.
Environmental Category:
A
Project Name:
Pamplona-Cúcuta Toll-road - Social Bond
Sector:
Transport
Project Type:
Loan Operation
IDB Invest Financing:
USD 175,000,000.00
Registration Registered | Eligibility Eligible | Assessment | Consultation Process | Monitoring | Recommendation for a CR and ToRs | Investigation | CR Report | Monitoring |
Registration | Consultation Phase (CP) | Compliance Review Phase (CRP) |
Chronology and documents
Steps and milestones | Date | Remarks | Documents |
---|---|---|---|
Registry | |||
36430 Request Receipt | 2023-06-15 | ||
36431 Notice of Registration | 2023-06-20 | 5 business days from the date of receipt of the Request or 15 business days when further information is required from the Requesters. | |
Elegibility | |||
36432 Management Response | 2023-07-21 | 21 business days from the date of notice of registration. The response will be published as an annex to the Eligibility Memorandum. | |
36433 Eligibility due date | 2023-08-21 | 21 business days from the date of receipt of Management Response or 45 business days after the Suspension is granted. | |
36897 Eligibility Memorandum Public Disclosure | 2023-09-06 | As per the Access to Information Policy (OP-102) the disclosure of this document is done simultaneous to its distribution to the Board of Executive Directors. | |
Consultation phase | |||
Assessment | |||
402 Deadline for Assessment | 2023-10-17 | 40 business days from the date of issuance of the eligibility memorandum. The deadline was extended to December 20, 2023. | |
387 Assessment Report Public Disclosure | 2023-12-19 | As per the Access to Information Policy (OP-102) the disclosure of this document is done simultaneous to its distribution to the Board of Executive Directors. | |
Consultation Phase Closure | |||
388 Notification to Parties | 2024-01-11 | ||
Compliance Review Phase | |||
Recommendation for a Compliance Review and Terms of Reference (ToRs) | |||
345 Preparation of Draft Recommendation and ToRs due date | 2024-02-23 | 21 business days from the start date of the Compliance Review Phase. On February 13, 2024, the Executive Board approved an extension of the deadline for preparing the draft. The new deadline expires on February 23. | |
480 Due date for receiving comments on Draft | 2024-03-15 | Management and Requesters have 15 business days to submit their comments to the Draft. | |
483 Consideration by the Board of Executive Directors of the Recommendation and ToRs | 2024-07-18 | Start date of Board consideration by short procedure | |
484 Decision by the Board of Executive Directors regarding the Recommendation | 2024-07-24 | Approved. |