Compliance Advisor Ombudsman (CAO) and dispute resolution process
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Meg Taylor, CAO
- We have recently reviewed our operational guidelines and wanted to introduce more how dispute resolution works
Gina Barbieri, CAO
- Overview of the CAO’s processes including assessment process; our work must be on social/environmental harm; and linked to impacted people
- Three roles: dispute resolution, compliance, advisor
- Overview of the dispute resolution process, we let communities decide if the settlement is fair
- Principles on dispute resolution: voluntary, neutral, equitable treatment, confidentiality AND transparency
Scott Adams, CAO
- Role of NGO in the process – can help with many things
- Positive context for dispute resolution: issues negotiable, time, relationships, capacity, etc
- Need to think about the legal framework and legal proceedings
- Challenges: agreement is just the beginning, implementation issues
Case study – New Forest Company, Uganda
- Agreement reached on resettlement etc; large plot of land now purchased for a community cooperative society
- Organic development of relationship between the company and the community
- Government officials asked about lessons learned, and realised that they need to do things differently
Meg Taylor, CAO
- We can be frustrated by a lack of heart at the institutions
- The cases we are getting now are very complex, and land competition is very tough to work with – there are not places for resettlement
- What is the role of the institution? Can the IFC have a fund for restitution? What about a fund for community development?
Discussion
Q: issues of sequencing, why not start compliance sooner?
Q: anything done on an ICSID case?
Meg Taylor – we want to get results for the community so don’t want to do compliance at the beginning, learning lessons for IFC is secondary to community outcomes
Scott – nothing on ICSID yet
Q: the major problem is corruption; also are you using the evaluation department? Who nominates a panel for compliance?
Q: average timeframes of resolution?
Gina – usually at least 6 months, average 2 years
Q: mechanisms for funding community development?
Meg – we haven’t fully thought this through yet.
Gina – IFC has talked about getting clients to pay up front for this, but there are not mechanisms yet and IFC has expressed willingness