The MICI Process

The MICI process has four principal stages: Registration, Eligibility, Consultation Phase, and Compliance Review Phase. Requests received, depending on the results of the processing at each stage, may go through one or several of the stages.

REGISTRATION

When MICI receives a Request, it will confirm within a maximum period of five (5) business days that the Request contains all the required information and, without prejudice to the eligibility process, that it does not clearly fall under one or more of the exclusions prescribed in the policy that would impede its procesing. At the end of that period, MICI may:

  • Register the Request, if it contains all the necessary information and, at first blush, does not fall under one of the exclusions; or
  • Ask the Requesters for the missing information, granting them a period of 10 business days to do so; or
  • Decide not to register the Request, as it clearly refers to one of the exclusions.
ELIGIBILITY

Every registered Request is examined to determine whether it meets the admissibility criteria established in the MICI Policy.

ELIGIBILITY CRITERIA

A Request must meet the following criteria to be admitted for processing by MICI:

  • The Request is filed by two or more persons who believe that they have been or may be affected and who reside in the country where the project is implemented.
  • The Request clearly identifies one or more operations of the IDB Group that have been approved.
  • The Request describes the harm that could result from potential noncompliance with the operational policies of the IDB Group.
  • The Request describes the efforts that the Requesters have made to inform the project team of the IDB Group of the problem and allow it to offer a solution. If they have not contacted the team, the Request should explain why the decision was made not to contact the team.

 

The eligibility process involves the analysis of the Request considering the eligibility criteria in order to determine whether it is eligible for a MICI process. MICI reviews the project documentation that is pertinent to this stage, and takes account of Management’s considerations with respect to the Request, called Management’s
Response. This provides an opportunity for the IDB Group team responsible for the design, execution, and supervision of the project in question to present its perspective on the allegations made in the Request.

When it presents its Response, the team can also request a temporary suspension (maximum 45 business days) of the eligibility determination process. This suspension is meant to allow the team to make corrections to the operation. The MICI Director is responsible for authorizing the suspension, and to do so she must receive a specific plan of activities and a timeline for their execution from the project team. At the end of the extension period, and prior to reinitiating the eligibility determination process, MICI consults both Parties (project team and Requesters) with respect to the results of the suspension and their perspectives are considered in the analysis of the Request’s admissibility.

During the 21 business days that MICI has to conduct its eligibility analysis, it may visit the project site to see it first-hand and be able to meet with the Requesters, Executing Agency, and other related third parties. At the end of that period, MICI issues a document called the “Eligibility Memorandum,” reporting on the analysis conducted and the reasons for its decision. The decision to admit a Request depends on whether it meets the eligibility criteria established in the MICI Policy. At this point, there is no assessment of the harm alleged or the responsibility of the IDB Group.

The Eligibility Memorandums are public documents available in MICI’s online Registry.

CONSULTATION PHASE

The purpose of this phase is to create a safe space in which the Parties (the Executing Agency, the IDB Group team responsible for the project, and the Requesters) can voluntarily, flexibly, and collaboratively address the issues set forth in the Request, with the ultimate objective of building consensus and reaching an agreement.

For further details, read the Guidelines for the Consultation Phase

COMPLIANCE REVIEW PHASE

Just as its name indicates, the objective of this phase is to verify that the IDB Group has complied with the provisions of its environmental and social standards in the design, approval, execution, and monitoring of a project financed with funds from one of its institutions. This review is conducted, provided that it is approved by the Board of Executive Directors of the Institution, by a team consisting of MICI staff and independent experts (See Roster of Experts).

The findings of the review are set forth in a report published by MICI. Based on those findings, the report includes determinations of compliance or noncompliance with the Group’s standards and the potential causal relationship to the harm alleged by the Requesters. Additionally, the report may include recommendations for the consideration of the Board of Executive Directors, which has the final word on any action to be taken based on the results of the review.

EXCLUSIONS

MICI’s mandate excludes the following:

 

  • Accountability issues that are covered by other offices of the IDB Group:
  1. Specific acts of employees of the IDB Group: Ethics Office
  2. Prohibited practices or corruption: Institutional Integrity Office
  3. Procurement and consultant contracting issues: Procurement Office IDB / IDB Invest
  • Administrative or financial matters of the IDB Group.
  • Complaints that are anonymous or clearly groundless.
  • Matters that have already been reviewed by MICI, unless justified by new evidence or circumstances not available at the time of the initial complaint.
  • Particular matters raised in a complaint that are under arbitral or judicial review in an IDB-member country.
  • Complaints related to operations that have not yet been approved.
  • Complaints that are filed more than 24 months after the last disbursement of the relevant operation.