MICI-PE-2015-0094
Rural Land Titling & Registration Project in Peru - Third Phase (PTRT-3)
Country: Peru
Reception date: August, 27 2015
Current Status: Open
Requesters:
1166 indigenous communities of the Peruvian Amazon, organized in 9 regional indigenous organizations: Regional Organization of Indigenous Peoples of the East (ORPIO), Regional Cooperation of Indigenous Peoples of San Lorenzo (CORPI SL). Regional Organization AIDESEP Ucayali (ORAU), Regional Organization of Indigenous Peoples of the Northern Amazon (ORPIAN-P), Council for the Development of Indigenous Peoples of the San Martin Region (CODEPISAM), Regional Association of Indigenous Peoples of the Central Rainforest (ARPI SC), Regional Cooperation of Indigenous Peoples of AIDESEP Atayala (CORPIAA), Machiguenga Council of the Urubama River (COMARU), and the Native Federation of Madre de Dios (FENAMAD).
The Requesters designated the Inter-ethnic Association for the Development of the Peruvian Rainforest (AIDESEP) as their representative at the national level and before the Mechanism.
Summary of the Request
The Request alleged that the execution of the Project will create irreparable damages to the Indigenous Peoples of the Peruvian Amazon. Specifically, the Requesters believed that the project will violate their property owner’s rights and the use of the indigenous territories, by allocating the titles in the first instance to colonists. Besides, they alleged that the project will produce environmental and socioeconomic damages, such as the deforestation of the ancestral land, the degradation of the ecosystems and loss of the indigenous peoples’ livelihoods, due to the changes that will occur in the land use.
According to the Requesters, these effects could have been caused by the failure to comply with the Environment and Safeguards Compliance Policy (OP-703) and the Indigenous Peoples Policy (OP-765).
Recent actions
On December 15, the Mechanism sent the Preliminary Compliance Review Report to Management and to the Requesters and informed the Parties that the deadline to receive their comments was set to February 7, 2024. Afterwards, the Board approved an extension of the deadline for comments until February 15, 2024.
Past actions
2023
The investigation panel, made up of the Compliance Phase Coordinator and two experts (Jay Wagner and Ana María Ibacache) was formed on January 9, 2023. The investigation is expected to be completed on October 11, 2023.
On October 10, 2023, the period for the issuance of the Preliminary Compliance Review Report was extended until December 15, 2023. On December 15, the Mechanism sent the Preliminary Compliance Review Report to Management and to the Requesters and informed the Parties that the deadline to receive their comments was set to February 7, 2024.
2022
In April 2022, after more than four years of monitoring, having verified the sustained non-compliance with the Agreement, and taking into account the decision of the Government of Peru not to require the extension of the credit necessary to comply with the commitments assumed, the Mechanism informed the IDB Board of Executive Directors and the interested parties that the processing of the Case in the Consultation Phase is now finalized. In line with the MICI Policy, case management was transferred to the Compliance Review Phase.
The deadline for the elaboration of the Recommendation for a Compliance Review and Terms of Reference is May 9.
Once the case was transferred to the Compliance Review Phase, a Recommendation and ToR were prepared within the 21-business day period established by MICI policy. Subsequently, the document was sent for comments from the relevant stakeholders and after the comments were addressed, it was distributed to the Board of Executive Directors for its consideration. Finally, on August 5, 2022, the Recommendation to conduct a Compliance Review and ToR was approved. Said decision was notified to the relevant stakeholders and published in the Public Registry of MICI.
2021
On February 1st, 2021 MICI submitted, for information, the Third Monitoring Report to the Board of Executive Directors.
2019
On December 18th, 2019, MICI submitted, for information, the Second Annual Monitoring Report to the Board of Executive Directors.
2018
On November 26, 2018, MICI submitted, for information, the First Annual Monitoring Report to the Board of Executive Directors.
2017
On October 16, MICI submitted the Consultation Phase Report to the Board of Executive Directors for their consideration, after which the Board approved the proposed Follow-up Plan. Herewith, the Follow-up Stage for the agreements reached in the Consultation Phase process begun.
On February 7, MICI received the ratification of the agreement by the Ministry of Agriculture and Irrigation of Peru (MINAGRI). In order to allow the Parties time to jointly develop an action plan to fulfill the agreement, on March 17, the MICI requested an extension of the Consultation Phase time-frame, which was granted by the Board of Executive Directors on March 27. The deadline for the Consultation Phase was September 29.
2016
Given that this process coincided with the presidential election in Peru, it became necessary for the agreement signed to be presented to the new ministerial authorities, and await their ratification.
In June, the MICI facilitated a joint exercise between the Requesters, represented by Regional Leaders and members of the Joint Directive, the Executing Unit of Sectorial Projects (UEGPS) of the Ministry of Agriculture and Irrigation (MINAGRI), and IDB Management, represented by the Project Team. The result of the meeting was an agreement by all Parties to a series of actions to be carried out within the scope of the Project.
Following an extension of the timeframe, on April 1, the Consultation Phase Assessment Report was emitted, which concluded that all Parties demonstrated the will to initiate the dialogue process of this Phase.
The Request was transferred to the Consultation Phase, in accordance with the Requester’s wishes, and the assessment stage was initiated to determine whether or not the processing of the Request in this Phase would be feasible.
On January 13, the MICI Director concluded that the Request was eligible, as it was in compliance with eligibility criteria (section G of the MICI Policy).
2015
On October 5, Management submitted its Response to the Request. This response included a request for the temporary suspension of the eligibility process for 45 days (paragraphs 21 and 23.c of the MICI Policy), due to the understanding that space and opportunity existed to strengthen the implementation of the Project, and expand its benefits to the communities. The MICI Director granted the suspension until December 10, and notified the Requesters of this decision, forwarding them Management’s Response.
On September 3, the Request was registered, following the receipt of the additional information within the established timeframe, and the Requesters and Management were notified.
On September 1, the MICI granted a maximum period of 10 business days to the Requesters, in order to present additional information required for the processing of the Request (paragraph 20 of the MICI Policy), which was received immediately.
The Request was received on August 27.
Environmental Category:
A
Project Name:
Rural Land Titling & Registration Project in Peru - Third Phase (PTRT-3)
Sector:
AGRICULTURE AND RURAL DEVELOPMENT
Project Type:
Loan Operation
IDB Financing:
USD 40,000,000
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 | |||
24452 Request Receipt | 2015-08-27 | Requests of a confidential nature are not published. | |
24453 Notice of Registration | 2015-09-03 | 5 business days from the date of receipt of the Request or 15 business days when further information is required from the Requesters. | |
| Elegibility | |||
24454 Management Response | 2015-10-05 | 21 business days from the date of notice of registration. The response will be published as an annex to the Eligibility Memorandum. | |
24455 Eligibility Process Suspension | 2015-12-10 | 45 business days after Management Response is received. | |
24457 Eligibility due date | 2016-01-13 | 21 business days from the date of receipt of Management Response or 45 business days after the Suspension is granted. | |
24458 Eligibility Memorandum Public Disclosure | 2016-02-05 | 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 | |||
24460 Deadline for Assessment | 2016-03-31 | 40 business days from the date of issuance of the eligibility memorandum. Extension of time period: March 31st, 2016. | |
24462 Assessment Report Public Disclosure | 2016-05-02 | 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 Process | |||
24463 Consultation Phase Process deadline | 2017-03-31 | 12 calendar months from the date of issuance of the Assessment Report. | |
24464 Deadline Extension for the Consultation Phase Process | 2017-09-29 | Extension of the deadline, subject to non-objection of the Board of Executive Directors. | |
24465 Consideration by the Board of Executive Directors of the Consultation Phase Report | 2017-10-16 | Start date of Board consideration by short procedure. | |
24466 Consultation Phase Report Public Disclosure | 2017-10-23 | Disclosure of this document takes place after Board consideration. | |
| Monitoring | |||
24467 First Annual Monitoring Report | 2018-09-29 | ||
27240 Second Annual Monitoring Report | 2019-12-18 | ||
30147 Third Annual Monitoring Report | 2021-02-01 | ||
| Consultation Phase Closure | |||
33411 Notification to Parties | 2022-04-04 | ||
| Compliance review phase | |||
| Recommendation for a Compliance Review and Terms of Reference (ToRs) | |||
33412 Preparation of Draft Recommendation and ToRs due date | 2022-05-09 | 21 business days from the start date of the Compliance Review Phase. | |
34375 Due date for receiving comments on Draft | 2022-05-31 | Management and Requesters have 15 business days to submit their comments to the Draft. | |
34376 Consideration by the Board of Executive Directors of the Recommendation and ToRs | 2022-08-01 | Start date of Board consideration by short procedure | |
34377 Decision by the Board of Executive Directors regarding the Recommendation | 2022-08-05 | Approved. | |
| Investigation | |||
36381 Date of integration of Panel | 2023-01-09 | ||
450 Expected completion date of Investigation / Issuance of Draft Compliance Review Report | 2023-12-15 | The conclusion date of the investigation is set in accordance to the ToRs and the subsequent extension. | |
451 Due date for receiving comments on Draft | 2024-02-15 | Management and Requesters have 21 business days to submit their written comments to the Draft. The Board approved an extension of the deadline for comments until February 15, 2024. | |