Summary of the Request
The Request argues that the territorial regularization project supported by the Bank will impact the PIIC’s territorial rights, particularly in the community of Kugakapori-Nahaua-Nanti, whose Territorial Reserve (RTKNN) has a current categorization under which it might receive fuller territorial benefits that those foreseen in the Project.
Specifically, the Requesters consider that the Bank is not complying with its Operational Policies OP-765 y OP-703, as the Projects did not consider the impacts that would be generated in these communities with the planned territorial regularization, which would allow for the possibility to grant new exploration rights, and exploitation of the natural resources in the territory occupied by the PIIC; which, would in turn make vulnerable the territorial security and the survival of the PIIC.
Regarding the harmallegations, the Request describes that this norm modification could have a direct impact on the lifestyle of these indigenous communities, whose traditional livelihood, heritage and culture in based on their relationship with the territory. Also, they raise potential risks to the PIIC’s health before the impending external contact, because given their isolated status, they have a vulnerable immune system. Finally, they describe potential environmental harms linked to future deforestation and degradation of ecosystems caused by the change in the lands’ registration.
In relation to MICI’s process, the Requesters wish to resort to both the Consultation Phase and the Compliance Review Phase, in case that their request is declared eligible.
On August 16, 2018, MICI determined that the Request was not eligible because it didn’t meet the eligibility criteria established in paragraph 22 of the MICI Policy.
It is the MICI’s consideration that the activities originally foreseen in the Technical Cooperations related to the RTKNN were excluded from financing, so it is not possible to identify an action or omission of the Bank in contravention of its Operational Policies linked to the effect alleged by the Requesters as required by the MICI Policy eligibility criteria.
On June 18th, 2018, the MICI notified the Requesters and the IDB’s Management of the Request’s registration.