Revista de Ciencias Humanas y Sociales
© 2022. Universidad del Zulia
ISSN 1012-1587/ ISSNe: 2477-9385
Depósito legal pp. 198402ZU45
Portada: Allí estás!
Artista: Rodrigo Pirela
Medidas: 50 x 30 cm
Técnica: Mixta sobre tela
Año: 2011
Año 38, Regular No.97 (2022): 216-233
ISSN 1012-1587/ISSNe: 2477-9385
DOI: https://doi.org/10.5281/zenodo.7486175
Recibido: 17-02-2022 Aceptado: 21-03-2022
Innovative mechanisms to protect rights of
communities affected by large-scale development
projects
Sheyder Daniela Pinilla Hernández
Universidad Católica de Colombia
ORCID: 0000-0002-8336-4955
sdpinilla16@ucatolica.edu.co
Abstract
This article discusses alternative mechanisms available for the
protection of rights of communities affected by large-scale development
projects. It begins examining an accountability mechanism to control
large-scale development projects financed by the Inter-American
Development Bank throughout Latin America. Based on a case study of
the outcome of the class action mechanism for the protection of
individual rights of residents in communities affected by the Doña Juana
landfill in Bogotá, it identifies shortcomings and opportunities. To
conclude, it explores the potential of holding international funding
agencies co-responsible for mitigating and repairing the rights of
communities affected by development projects financed by them.
Keywords: Development projects; comprehensive reparations;
compensation mechanisms; Environmental rights; Colombia.
Mecanismos innovadores para proteger derechos de
comunidades afectadas por grandes proyectos de desarrollo
Resumen
Este artículo analiza los mecanismos alternativos disponibles para
la protección de los derechos de comunidades afectadas por proyectos de
desarrollo a gran escala. Comienza examinando un mecanismo de
rendición de cuentas para controlar proyectos de desarrollo a gran escala
financiados por el Banco Interamericano de Desarrollo en toda América
Latina. A partir de un estudio de caso del resultado del mecanismo de
acción de grupo para la protección de los derechos individuales de los
habitantes de las comunidades afectadas por el relleno sanitario de Doña
Juana en Bogotá, se identifican falencias y oportunidades. Para concluir,
explora el potencial de co-responsabilizar a las agencias internacionales de
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financiamiento en la mitigación y reparación los derechos de las
comunidades afectadas por los proyectos de desarrollo que financian.
Palabras clave: Proyectos de desarrollo; reparaciones integrales;
mecanismos de compensación; Derecho ambiental; Colombia.
Introduction
The following article intends to show how the accountability
mechanisms established for the control of large-scale development
projects financed by the Inter-American Development Bank throughout
Latin America have had a great impact in supporting the reparation of
both collective and individual rights of citizens affected by projects of
this nature. In Colombia other mechanisms, such as the constitutional
class actions, have been used to repair individual rights affected by large
scale development projects. However, as the discussion in this article will
show, this legal mechanism has significant limitations to protect and
repair damages caused by large projects that affect multiple dimensions
the life of neighboring communities violating not only individual but also
social and collective rights. So, it is worth comparing this longstanding
legal mechanism for the protection of individual rights of residents in
communities affected by this type of projects, with this innovative
mechanism that is now being implemented in many countries in Latin
America where the Inter-American Development Bank (IDB) is
financing this type of projects.
Generally known by its acronym in Spanish MICI (Mecanismo
independiente de Consulta e Investigacion), it functions as an Independent
Consultation and Investigation Mechanism. The MICI plays a
fundamental role in this context since it offers parameters to protect not
only individual but also collective rights of residents in communities
affected by large scale development projects financed by multilateral
funding agencies such as IDB in harmony with the Colombian legal
system.
1. The development of class actions in Colombia as a
compensation mechanism
In Colombia, class actions have a constitutional status. They have
been used for almost three decades as an important mechanism to
protect individual rights of groups that have suffered harm.
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In the Colombian legal system today, there are various
constitutional actions. In this material case we will focus on the class
action mechanism, a major contribution included in the Constitution
for the materialization of the ends of the State. In principle this
mechanism gives access to citizens affected in their rights and in the
face of damages, to claim different forms of compensation from those
parties responsible for their cause. This class action mechanism was
originally established in article 88 of the Political Constitution and is
regulated by Law 472 of 1998. It applies when damages or harm are
caused to a plural number of persons, and it allows in principle to
protect individual rights and the reparation of damages to the victims,
and a special procedure is required. However, this normative
procedure is not preferential and will not always prevail over
substantial law concerning guarantees for the defense of individual
rights to the plural number of persons and the application of
principles of publicity, economy, speed, and efficiency.
2. Origins of the MICI and its effectiveness in social and
environmental rights protection
The Independent Consultation and Investigation Mechanism,
generally known by its acronym in Spanish MICI, was created by the
assembly of governors of the Inter-American Development Bank
(IDB). Its main purpose is to endorse the IDB´s image of
transparency and co-responsibility when addressing violations of
social and environmental rights related to development investment
projects financed by the Bank. Above all, MICI was designed to
reinforce IDB´s accountability and reflect its commitment to respond
to local communities that have complaints of harms related to the
non-compliance with the Bank´s social and environmental standards
caused by large-scale development investments funded by the IDB.
(MARQUEZ, 2017; Banco Interamericano de Desarrollo).
Since 2010 MICI has been widely publicized throughout Latin
America and has been well received by different local communities in
many countries of the region. Thanks to this mechanism, projects
that would be in breach of several environmental and social standards
have been adjusted to mitigate and compensate affected communities
by the project owners. The MICI does not replace or detract from
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other legal mechanisms that have similar purposes, such as the class
action. To the contrary, it complements and seeks to enhance co-
responsibility with the IDB as a stakeholder in finding solutions
through agreements to address complaints voiced by local
communities and their claims requesting compensation and protection
of the social and environmental rights (Banco Interamericano de
Desarrollo, 2022).
The MICI is endowed with important attribute to make its
effectiveness and responsibility to the community trustworthy.
Among them:
Its organization and scope of application
A management model applicable in cases to be investigated in
response to consultations
Its communication, extension, and disclosure modules.
Among the MICI purposes in the short, medium, and long
term are its commitment to continue providing innovative strategic
communication initiatives between consultants and the mechanism, to
create objective views that suit the interests of both the community
and the IDB. The final objective is to ensure that both individual and
collective rights are protected, and that win-win solutions are
implemented.
Some important aspects concerning the use of the MICI are
listed below:
1. Any person can use MICI in countries where an IDB project
is located and is affecting or could potentially affect social and
/ or environmental rights in the future.
2. At any time, the applicant may use of MICI, both during its
consultation phase and its compliance verification phase.
3. The applicant must have previously taken measures against
the violation of his rights before arriving to MICI.
4. If an applicant activates MICI, an investigation will be
carried out through a process that addresses the impact or
prevention caused by non-compliance by the IDB, and a final
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report will be prepared with its respective conclusions,
observances, and recommendations.
These characteristics help guide the analysis of MICI´s scope.
It responds to the need of reparation and protection of the violated
collective rights of groups of people caused by large development
projects, as is the case of the Doña Juana Sanitary Landfill (DJSL) in
Bogotá that will be analyzed later in this article. If actions or
omissions derived from the execution of a future expansion phase of
the project with IDB financing and it affects people residing in the
neighboring properties, MICI may be the mechanism that will be
activated initially in a consultation phase and, if necessary, in a
subsequent compliance verification phase, to demand reparations
from this multilateral financial entity that will be jointly responsible
with the UAESP, the agency responsible for the project in Bogotá´s
administration.
The possibility of resorting to this independent consultation
and investigation mechanism named MICI allows the effective
materialization of the IDB's co-responsibility in the reparation and
compensation of social and environmental rights violated by large-
scale development projects financed with multilateral funds. This is
very helpful in ensuring the prevention, protection, and reparation of
the rights of those affected, even when the main responsibility lies
with the local IDB partner, in this case the UASEP as the direct
responsible for the development project in question. In short, MICI
offers a suitable action framework to protect the collective rights
affected in this type of contexts.
3. Analysis of experiences with MICI in Colombia
The MICI is an independent accountability office for the IDB.
Its mandate is to be an instance of last resort to serve and investigate
claims from groups or communities in Latin America and the
Caribbean that believe they have been affected by operations financed
by the IDB and caused by non-compliance with operational policies.
At the end of 2016, the MICI had received 111 complaints from most
countries in Latin America, distributed as shown in figure 1:
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Figure 1. MICI: Distribution of complaints received by country 2010
2016 Based on Marquez, V. (2016).
Brazil, Argentina and Colombia are the three countries which
have been most active in using the MICI during this period.
In Colombia, between December 2014 and January 2021, there
have been 21 development projects financed by the IDB in which
MICI has been activated. MICI has addressed this cases in its role as
an independent third party, in an objective, impartial and transparent
manner, favoring collaboration between the applicant, the owner of
the investment project, the borrower and the administration of the
IDB Group.
Among the cases to reported in Colombia, it is worth
highlighting those that have had especially negative effects and caused
serious conflicts between the development projects financed by the
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IDB and the affected social groups or communities. Among these claims
are the following:
a) 4G Highway Cocoa Route (MICI-CII-CO-2019-0152)
b) Ituango Hydroelectric Plant (MICI-CII-CO-2018-0133)
c) First line of the Bogotá metro (MICI-BID-CO-2021-0174)
d) Porce III hydroelectric plant (MICI-CO-2015-0096)
Most requests in these cases began with the appointment of a
representative before the MICI, generally a person who was part of the
affected community or group. Under the current policy, civil society
organizations cannot act as direct applicants, although they can advise
and represent applicants before MICI (Inter-American Development
Bank, 2022).
Finally, regarding the main achievements of the MICI in the cases
addressed in Colombia, it is noteworthy that they have served to clarify
doubts and take measures based on the findings of the investigations.
These range from studying the financing of the projects to providing the
necessary additional information with the support of the affected
communities. Thus, it has been possible to establish the reparation of the
violated rights, this being one of the main benefits offered by the MICI.
4. Case study: The class action filed against “Doña de Juana
Sanitary landfill in Bogotá"
For the inhabitants near the Doña Juana landfill, the filing of the
class action in 1999 was a very helpful mechanism to have a fair hearing
before the justice system. This allowed them to ask for the protections of
their rights affected by the environmental emergency that damaged their
health and living conditions of their families and neighbors
(BERMUDEZ, 2007; CAMARGO, 2009; LÓPEZ & NIETO, 2015;
TORRES & IREGUI, 2017; 2020).
In case on a new phase of expansion of the landfill project in
which IDB is involved providing financial resources for its development,
the MICI complements other existing means to protect and repair social
and environmental rights. It is a beneficial consultation and research
mechanism to address complaints by local community affected by
development investment projects, which is aligned with the IDB´s
interest in accomplishing its mission and preserving its good image.
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Therefore, the expansion of the "Doña Juana Landfill" project is a
relevant framework to contrast and compare the benefits of the MICI
with the ongoing outcomes of the above-mentioned class action filed in
1999 (CARREÑO & QUIROGA, 2013; QUINTERO, 2016: LÓPEZ,
MACA & GORDILLO, 2017; Observatorio Ambiental de Bogotá, 2017;
MARÍN & ESTRADA, 2019; MOLANO, 2019).
In 2012, Colombia´s State Council ruled the class action in favor
of the communities surrounding the Dona Juana landfill and ordered a
monetary reparation to compensate the damages caused by the collapse
of the landfill and the resulting public health emergency in the sector.
However, these compensation measures were not effective to
comprehensively repair the damage caused to the community in terms of
affectations to rights such as family privacy, recreation, a healthy
environment, and public health.
the third section of the Council of State, in an order
dated November 1, 2012, declared the Capital District
responsible for the environmental catastrophe caused by
the overflow and collapse of the Doña Juana landfill and
ordered it to pay COP $227,44 milliards in compensation
for moral damage and affectation of the constitutional
rights to family intimacy and to recreation and the use of
free time. Likewise, the sentence ordered the following
measures to ensure non-repetition:
1. Adopt a technical regulation that guarantees safe
management of sanitary landfills, applying the advances
that science currently offers.
2. Send a copy of the conviction to the National Agency
for Legal Defense of the State so that, within the
framework of its powers and whenever it deems it
necessary, it disseminates its content.” (LÓPEZ et al.,
2015)
At present, the Council of State´s ruling on the class action filed
by the community gave them expectations of being repaired with the
disbursement of resources, though the process has dragged on for years.
However, the Ombudsman's Office has spoken out by saying that what is
argued in the ruling will be paid on time and indicated that by February
2018, compensation has been paid to 1,294 people out of the total 1,472
beneficiaries recognized in the ruling.
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The disbursement of the above-mentioned resources resulting
from the class action process of the RSDJ case is expected to benefit two
groups of people who were recognized both in the ruling of the Council
of State and by the Ombudsman's Office. However, the Ombudsman
stated that:
The Fund for the Defense of the Rights and Collective
Interests of the Ombudsman, in charge of these payments
(Public Law 472, art.71, literal e), has indicated the
difficulties that undetermined groups represent in practice,
as in the case of the Doña Juana dump, as a result of
failures in characterization of claimants, but not of
individually identified people (MARIN & ESTRADA,
2019, p.172).
Even though it has been an extenuating process, the entity is
working on the process and when it is completely finished, payments will
be made in full to all interested parties through the administrative act that
is issued.
Once the Council of State´s ruling is fully complied, the
next step is to examine the current state of the Doña Juana
sanitary landfill project. In this regard, the CONPES on the
financing of the expansion of the RSDJ indicates that:
The costs correspond to the value projected in CONPES
3874, which establishes that for the extension of the useful
life of existing landfills, a value of $667,200 million pesos is
estimated. Of which about 25% will be used for the
improvement works of the Doña Juana landfill (LÓPEZ,
2019, p.58)
Though a large investment was estimated for the expansion of the
RSDJ by the IDB, which is the financier of the project, there is still a
dispute as to whether this should be done or not, since there are still
many problems. Among them, the future impact of the expansion of the
site on the surrounding communities and the related environmental
damages. Also, increases in the population that will produce more waste
and may possibly raise the cost of the maintenance of public spaces and
streets. Bearing in mind all of these potential problems and conflicts, the
MICI of the IDB Group as an independent consultation and
investigation mechanism, may be a helpful alternative to prevent possible
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non-compliance and affect the surrounding communities of the future
project.
Over the years, the Doña Juana landfill has been in operation,
managing the garbage and waste of the Bogota´s citizens. The idea of a
project expansion would extend its useful life, but this undoubtedly poses
serious problems for its closest neighbors. [RSDJ] is located next to
Ciudad Bolívar, Mochuelo Alto and Bajo. Bad odors and the proliferation
of vectors seriously affect people's health, especially in relation to
respiratory diseases."(Corporación Autónoma Regional De Cundinmarca,
2017).
Consequently, if the project to expand the RSDJ is possible, its
affectation would generate negative effects on the rights of the
surrounding community. Although there is already a history of landslides
that gave rise to a group action filed by the community and a ruling by
the Council of State ordering the repair of those affected, the Regional
Autonomous Corporation (RAC) and other entities under study have
seen remote the possibility of a possible expansion. On the other hand,
the Ombudsman's Office has pointed out some of the consequences for
people's health that such expansion would bring:
Health problems of environmental origin are so intensified
that they become a wide-ranging problem, derived mainly
from the high degree of exposure of the population, which
brings with it consequences such as respiratory conditions,
skin problems, diseases transmitted by vectors and due to
food, chemical poisoning, psychological problems due to
odors, acute illnesses, occupational and professional
illnesses, permanent limitations and decreased lung capacity
(CHITIVA, 2021).
Within the framework of the political Constitution, the State must
guarantee the development of a sanitary landfill project for the
management of solid waste. This is of utmost importance for the
territorial management of each district administration, the responsibility
that this project entails is of great importance. However, it should be
noted that it can potentially create serious significant consequences,
starting with environmental problems that may endanger the health of
people. In this regard, the CAR has expressed
Despite what is established in the environmental license,
(Resolution CAR 1351 of 2014, article 23), which explicitly
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stipulated the condition that once phase 2 was completed
in 2022, the RSDJ should not be expanded or further
optimized, UAESP (Unidad Administrativa Especial de
Servicios Publicos) subscribed contract No. UAESP CM 13
2018 to consult about the optimization of areas of old
landfill deposit (RAMOS, 2020)
Given that there are more negative consequences than positive
ones, no solutions have been found to the problems generated by the
expansion of the landfill. However, a mechanism such as the IDB group's
MICI could be implemented to reach an agreement on whether to
continue with the project or to recommend other alternatives to the
Doña Juana landfill.
Presently, these affectations continue to be discussed due to
mistakes committed by past administrations. The possibility of
implementing the MICI in the next expansion phase of the Doña Juana
Landfill project, may help to prevent further conflicts and create clear
institutional pathways for communities to find solutions for the
mitigation and prevention of violation of their rights by this new phase of
this project that will be financed by the IDB.
5. Results and discussion
The management of solid waste in Colombia is regulated in the
Political Constitution of 1991 in its articles 1, 11, 49, 79, 80, 82, 88, 361
and 366, which establish the rights to public health, dignity human and
environmental sanitation. In the Political Constitution there are various
mechanisms that citizens can interpose for the non-violation of their
rights, such as class action as a reparation mechanism. For the case in
question, the follow-up that was made to the application of the
comprehensive reparation standards in the class action of the Doña Juana
landfill went back to 1999 when the inhabitants surrounding the RSDJ
took legal action in response to the collapse of the RSDJ in 1997.
Approximately 1,000,000 tons of garbage raised the landfill, causing a
number of public health and environmental problems.
Article 88 of the Political Charter protects the rights to
compensation for damage caused to a plural number of people. Law 472
of 1998 enshrines class actions as a mechanism to obtain compensation
or reparation for violation of rights. Yet, this mechanism has limitations
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in the scope to meet or achieve its purpose, such as BERMUDEZ (2007,
p. 148) points out:
Bringing together 20 people who want to be part of a
judicial process to meet that requirement, with all that this
implies in terms of time, resources and management, is not
easy; much less the fact that a person decides to initiate the
process on behalf of all those who were in the same
circumstances in manner, time and place, where it deals
with cases of indeterminate groups and the damages may
end up being generalized to proceed with the payment of
compensation.
The Council of State´s decision concerning the class action was
favorable towards the community, as it orders the reparation of damages
caused and as well as measures that will guarantee non-repetition of
violations of social and environmental rights. These reparation measures
applied as a result of the class action aim compensate non-pecuniary
damages that amount to COP $ $227, 44 milliards, benefitting the
members of the group that sued and the people who spoke after the
sentence.
But as MARIN and ESTRADA (2019, p.109-128) highlight
…. the comprehensive reparation standards applied by the
Council of State in 2012 in the case of the RSDJ, have not
met the expected results. The follow-up between 2012 to
2018 shows that the compensation process has been
delayed and compliance with the fundamental or collective
rights of those affected was not guaranteed, nor were the
rights to participation of these citizens indirectly
motivated.
Having said the above, it is clear that class action faces
considerable obstacles in a judicial process, so other alternatives can be
sought when it comes to guaranteeing rights.
As for the issue in the RSDJ case, both environmental rights and
public health rights have been affected by the limitations of class action.
An example of this were the difficulties observed in the payment of
compensation by the Ombudsman's Office, an entity that alleges the
arduous task involved in recognizing all the victims in the process. On
the other hand, the jurisprudence has also ruled saying that Judicial
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processes, such as this class action, confuse the community, insofar as
they consider that their rights as affected parties will be guaranteed, but
this is not the case. They have to resort to guardianship to try to protect
their fundamental rights and to order workshops to learn about health
effects, learn about epidemics and vector control in public spaces and in
homes (Supreme Court of Justice, 2017).
In this sense, class actions do not really respond to the social aims
of reparation. They hardly lead to the materialization of the guarantees it
offers. Therefore, the possibility of resorting to mechanisms such as the
MICI is a good alternative due to the advantages that it offers, since
many of the above limitations concerning class action do not apply to it.
Among the advantages of MICI over class actions, the following can be
listed:
1. Applications can be submitted by one or more people, they do
not have a specific number, and the only requirement is that the
person resides in the country where the project is presented.
2. Important recognition in its management of confidentiality at
the request of the applicants.
3. Although it is not such a well-known mechanism in Latin
America, it is easily accessible and requests can be answered in 4
languages
4. Various principles are complied with, such as efficiency and
speed, since the terms are short compared to other mechanisms.
In its final recommendation report, conflict resolution is
guaranteed and monitoring is carried out for 5 years to ensure
compliance with the same.
Even though MICI is a recent mechanism, it offers to guarantee
collective rights of the communities covered by the constitution, with the
aim of contributing to the accountability and effectiveness of the
multilateral banks such as IDB financing projects in Latin America.
This type of mechanism began to emerge in the 90s as a
response from the Multilateral Development Banks
(MDBs) to claims concerning the negative consequences
that their projects could be causing in populations and
communities. Given that the MDBs generally enjoy
immunity from national courts and tribunals, the
mechanisms were proposed as a non-judicial option to give
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recourse to people potentially affected by projects
financed by these institutions”. (Inter-American
Development Bank, 2022)
In adopting the restorative measures in the face of the evidence
of an injury to fundamental rights such as family privacy, recreation,
and use of free time, as well as other damages to legal assets of the
environment in the case regarding the RSDJ, the IDB Group indicates
that
Over time, several mechanisms, including the MICI,
incorporated a second function, conflict resolution, which
offers the parties to a complaint (complainants, borrowers
and MDBs) the opportunity to reach a consensual
solution to the subject matter of the complaint, from a
dialogue process facilitated by experts. More recently, the
MDBs have explicitly included an advisory function,
aimed at ensuring that the mechanisms distill the lessons
that emerge from the cases they manage in order to
contribute to institutional learning” (Banco
Interamericano de Desarrollo, 2021).
Given the impact that may occur in the projects financed by
the IDB in compliance with these investments, mechanisms such as
the MICI are expected to prevent or repair damages. Through its
concepts and reports, the claims of the affected communities are
documented, and although these are not binding within the national
and international legal system, they represent an effective means for
the application of safeguards for the benefit of the communities
negatively affected by the projects. Investment for development.
It is uncertain that the expansion of the RSDJ may be the most
suitable solution to solve the problem of solid waste management of
Bogotá. Entities such as the CAR and the Ombudsman's Office have
spoken out in this regard. Consequently, the UAESP is considering
other technical alternatives. In any case, the alternative that is finally
implemented will require financing from the international multilateral
bank and therefore the possibility of putting into operation a
mechanism such as the MICI will remain open to prevent from the
planning stage conflicts with the communities in the area of influence
of the projects.
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6. Conclusions
International standards consider not only the protection of
individual rights as class actions do, but also the protection of
collective rights and the requirement of compliance with the
obligations of the State in relation to their protection with individuals
who seek to find channels services that provide a guarantee in the
name of their rights.
It is key to understand that class actions are a mechanism to
remedy individual rights. However, collective rights such as the
comprehensive protection of the family and the right to a healthy
environment require social inclusion and community participation in
decisions that may affect them. It is State´s duty to prevent and
control environmental deterioration factors, to protect the integrity of
public space and its destination for common use. Since the legal scope
of class actions leave this rights unprotected, there is a clear need to
implement innovative forms of protection and compensation of these
rights, such as the MICI.
In the case of Doña Juana, the scarce interaction or omission
between the operators of the landfill and those affected by it created
the conflictive environment that has existed for more than 30 years.
Presently, the compliance of reparation and non-repetition measures
ordered as a result of a class action are still pending. This undermines
the public´s trust in institutions operating large development projects
as well as in the legal mechanisms to redress their violated rights.
Also, it reveals the limitations of class actions.
Finally, the case of the RSDJ, in the event of a project
expansion which would require international loans, offers the
opportunity to apply and implement innovative mechanisms such as
the MICI in the medium or short term. Even though the MICI is a
relatively new mechanism, it can efficiently manage conflict resolution
in contrast with other mechanisms, such as class action. It is also a
worthy example of how multilateral development banks can help to
mitigate and prevent possible damage caused to communities by the
large-scale projects they finance. Furthermore, even though the
recommendations issued by the MICI are not binding in the
Colombian legal system, they are an effective sanction to encourage
the culture due diligence by project operators their financiers.
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Sheyder Daniela Pinilla Hernández
Opción, Año 38, Regular No.97 (2022): 216-233
Revista de Ciencias Humanas y Sociales. FEC-LUZ
BIODATA
Sheyder Daniela Pinilla Hernández Abogada e investigadora de la
Universidad Católica de Colombia, Técnico en contabilización de
operaciones comerciales y financieras del SENA. Sus áreas de interés
principal son el Derecho ambiental, Derecho público y el aprendizaje-
servicio.
UNIVERSIDAD
DEL ZULIA
Revista de Ciencias Humanas y Sociales
Año 38, N° 97 (2022)
Esta revista fue editada en formato digital por el personal de la Oficina de
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