Summary of the Request

Mrs. Carmenza Tez, on behalf of the authorities of the Inga and Kamentsa Indigenous communities (the Requesters) sent a Request related to possible negative impacts resulting from the construction of the San Francisco-Mocoa Alternate Road. The Requester indicated that the Program did not include the indigenous communities Inga and Kamentsa as an integral part of the design and implementation phases; argued lack of an appropriate consultation process; and presented concerns related to possible irreversible negative environmental and social impacts to the community.

MICI actions

The assessment revealed that some indigenous communities and their representatives had differing perspectives about the project, as some support it while others, without opposing it, are ambivalent about its environmental and social performance. Despite the different views, the communities decided to unify behind the indigenous cause and present a joint front ahead of the upcoming dialogue process.

In December 2011, the Parties asked the Mechanism to postpone any activity related to the preparations for dialogue until the elections in the indigenous councils took place in that same month.

During a visit to the project area in April 2012, the Consultation Phase team met with the Requesters and elected officials, who reconfirmed their commitment to initiate the dialogue process. However, due to the disparities in terms of information among the stakeholders, the Executing Agency agreed to undertake first an exchange of information session.

In December 2012, the Requesters and other indigenous authorities requested once again a pause in the ICIM process because of the indigenous governmental elections expected to take place that month. Newly elected indigenous authorities are to appoint their Representatives for this process during the first quarter of 2013.

Despite reiterated requests from the Project Ombudsperson, the ICIM team has not received a complete official list of the new elected indigenous authorities, making it impossible for the ICIM to confirm the new interlocutors’ willingness to participate in a dialogue process facilitated by the ICIM. Given the lack of adequate conditions for a productive dialogue, the Project Ombudsperson decided to terminate the Consultation Phase.

On April 5 the case was transferred to Compliance Review Phase. After a period of extensions to allow Requesters to send more information, and that it was reviewed by the Administration, the Chairperson declared the Request ineligible for the Compliance Review Phase in the presence of lawsuits in Colombia.