Compliance Advisor Ombudsman (CAO) Independent Recourse & Accountability Mechanism for IFC & MIGA, World Bank Group

Transcription

1 Compliance Advisor Ombudsman (CAO) Independent Recourse & Accountability Mechanism for IFC & MIGA, World Bank Group IFC Sustainability Exchange Session: Using Mediation and Complaints-Handling to Build Relationships Nicaragua Sugar Estates Ltd (NSEL) CAO Film and Case Study June 21, 2013 Andrea Repetto Vargas, Specialist, CAO Dispute Resolution Compliance Advisor Ombudsman (CAO) is the independent recourse and accountability mechanism for the International Finance Corporation (IFC) and Multilateral Investment Guarantee Agency (MIGA), World Bank Group

2 Who is the Compliance Advisor Ombudsman (CAO)? Independent recourse mechanism for World Bank Group private sector projects (IFC & MIGA) Environmental & social mandate o Address complaints from project-affected local communities o Report to President of World Bank Group 2

3 How does CAO work? 3 core functions focused on outcomes 1. 3 DISPUTE RESOLUTION (Ombudsman) 2. COMPLIANCE Project-level remedy Work with IFC clients and affected communities to help improve outcomes on the ground Collaborative, problem solving approaches 3. IFC/MIGA performance ADVISOR Investigations of IFC/MIGA environmental and social performance Involves independent verification & experts Systemic concerns Independent advice to President and senior management on systemic issues, environmental and social trends, policy concerns Practical advice is drawn directly from CAO case experience

4 The NSEL case: Context prior to dialogue CAO s Assessment of the case: o Company concerned about health impacts on workforce, but not interested on talking to complainants o Community members (ASOCHIVIDA) wanted to talk about compensation as they believed chemicals/pesticides were causing the illness What happened? o Neither party had a better alternative to resolve the dispute o NSEL acknowledged the health concerns and welcomed the opportunity to work with the community through CAO - Collaboration through a CAO Dispute Resolution process is voluntary 4

5 Where did these two parties find common ground? Need to find the cause of Chronic Kidney Disease Need to improve medical care Need to find alternative incomes for affected people Parties agreed on a Framework Agreement Nov 2008 Dialogue commenced Feb 2009

6 Leveling the playing field & preparing the parties for dialogue Designing the Framework Agreement: Predictability, mapping out the process, defining roles Bilaterals & 1-on-1 coaching of NGO and community representatives Needs Assessment: Bilaterals to help communities identify, prioritize, and articulate their needs Capacity Building Workshop for company and community: Broad overview of dispute resolution DEVELOPING ASOCHIVIDA S CAPACITY Technical Experts: Targeted intervention with communities on specific issues e.g. medical needs assessment & income generation 6

7 Outcomes from the dialogue table Food aid Independent medical research study Boston University School of Public Health Construction of a renal clinic Improvements in medical care Construction of 100 new houses Income generation projects Microcredit fund and poultry business to benefit community 7

8 Transforming conflict into collaboration Building meaningful relationships: putting a human face on the conflict (company & community personalities) Using participatory tools: Unprecedented scientific study, not only on cause of disease but with full collaboration of company and community Catalyzing visible change: Improved working practices implemented by company Sustainable solutions: Community empowered to address immediate livelihood needs 8

9 Opening opportunities for broader collaboration IFC Center for International Environmental Law (NGO) DEG (German private sector development bank) Boston University CAO Dialogue Process (NSEL & community) Nicaraguan Ministry of Health Microcredit institutions (CEPRODEL & NITLAPAN) National Committee of Sugar Producers (CNPA) 9

10 More information Compliance Advisor Ombudsman for IFC & MIGA 2121 Pennsylvania Avenue NW Washington, DC