MICI-BID-CR-2021-0171

Cantonal Road Network II Program

Country: Costa Rica

Reception date: July, 23 2021

Current Status: Open

Requesters: 
 

A group of residents of Puntarenas, Costa Rica, who have requested the confidentiality of their identity for fear of reprisals, and who are being represented before MICI by Professor Ariel Mora.

 

Summary of the Request

The Request describes the impact on the living conditions of two indigenous communities whose land access was cut off as a result the transportation of material need for the construction of a highway financed by the IDB and which is being carried out in a nearby area.

This damage to the communication routes would have caused the communities to not be able to carry out their daily activities, public and private transport can no longer freely access the populations; thus, cutting off their access to their sources of jobs, health services, food supply, schools, among others.

This Request was referred to the MICI by the Office of Institutional Integrity (OII) of the IDB Group.

 

 

Recent actions

On January 31st, 2024, MICI submitted, for information, the Second Monitoring Report to the Board of Executive Directors. The report reflects the monitoring tasks and a progress of 87% in the effective compliance with the Agreement. Between February 2023 and January 2024, MICI maintained constant communication with the Parties, and the Agreement Monitoring Committee agreed a new participatory monitoring scheme.

 

Past actions

On August 12, 2021, MICI notified the Requesters and Bank Management of the registration of the Request. 

On July 29, 2021, the MICI granted the Requesters a maximum period of 10 business days to submit the information required to continue with the Request process (paragraph 20 of the MICI Policy). The term expires on August 12, 2021.

On October 14, 2021, MICI determined that the Request was eligible because it met all the eligibility criteria established in the MICI Policy. This determination of eligibility is not an assessment of the merits of the Request or of the issues contained therein.

The Request was transferred to the Consultation Phase as per the decision of the Requesters.

On November 12th, 2021, MICI submitted its Assessment Report of the Consultation Phase, indicating that a dispute resolution process is feasible.

On December 14th, 2021, as a result of a collaborative dialogue facilitated by MICI’s Consultation Phase, an agreement was reached regarding the Cantonal Road Network II Program between the Ministry of Public Works and Transportation of Costa Rica, IDB Management, and Ariel Mora Fallas, the requesters’ representative. The agreement establishes a set of measures aimed at addressing the concerns expressed by the 28 Requesters that signed on to the original request.

The measures consist on the repair and subsequent improvement of roads in the Buenos Aires Cantonal Road Network, including access roads to the indigenous territories of Ujarrás and Salitre. Costa Rica’s Ombudsman’s Office participated in the process as an observer and witnessed the joint effort that led to an agreement that satisfies the interests of all the Parties.

The complaint enters its monitoring stage, which is expected to end in 2022.

On January 19, 2022, the Consultation Phase Report, including the Agreement reached and the Monitoring Plan, was distributed to the Executive Board for their consideration by short procedure.

With the approval of the Monitoring Plan by the Board on January 26, the Monitoring Stage began.

 

On January 25th, 2023 MICI submitted, for information, the First Monitoring Report to the Board of Executive Directors.

 

Project Number:

CR-L1065


Environmental Category:

B


Project Name:

Cantonal Road Network II Program


Sector:
 

TRANSPORT


Project Type:
 

Loan Operation


IDB Financing:

USD 144,036,000


 
 
 
 
 
    
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 milestonesDateRemarksDocuments
Registry

31100

Request Receipt

2021-07-23Requests of a confidential nature are not published.

31101

Notice of Registration

2021-08-125 business days from the date of receipt of the Request or 15 business days when further information is required from the Requesters.
Elegibility

31114

Management Response

2021-09-1421 business days from the date of notice of registration. The response will be published as an annex to the Eligibility Memorandum.

31115

Eligibility due date

2021-10-1421 business days from the date of receipt of Management Response or 45 business days after the Suspension is granted. 

31959

Eligibility Memorandum Public Disclosure

2021-11-05As 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

31963

Deadline for Assessment

2021-12-1340 business days from the date of issuance of the eligibility memorandum. 

32400

Assessment Report Public Disclosure

2021-12-03As 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

32401

Consultation Phase Process deadline

2022-11-1212 calendar months from the date of issuance of the Assessment Report. 

32840

Consideration by the Board of Executive Directors of the Consultation Phase Report

2022-01-19Start date of Board consideration by short procedure. 

32841

Consultation Phase Report Public Disclosure

2022-01-26Disclosure of this document takes place after Board consideration.
Monitoring

35423

First Annual Monitoring Report

2023-01-25 

441

Second Annual Monitoring Report

2024-01-31