C0002 Peru

FP001: Building the Resilience of Wetlands in the Province of Datem del Marañón, Peru

C0002 Peru

  • Type Complaint
  • Date received 26 Mar 2019
  • Case outcome Case monitoring concluded

In early 2019, the IRM concluded a preliminary inquiry into FP001, Peru. A preliminary inquiry is an early phase of an IRM self-initiated investigation. A self-initiated investigation is a proceeding initiated under para 12 of the IRM’s Terms of Reference (TOR) if the IRM receives information from a credible source that a GCF project or programme has or may negatively impact a community or person. In relation to FP001, the IRM concluded that there was prima facie evidence that the conditions set out in para 12 of the IRM’s TOR for initiating an investigation were met. The IRM however agreed not to initiate proceedings under that paragraph in view of an undertaking given by the Secretariat on 1 May 2019 to implement several remedial actions. The IRM monitored the implementation of these undertakings. All four undertakings provided by the Secretariat have now been completed - the issuance of guidance on Free Prior Informed Consent (FPIC) requirements, and on risk categorization for projects involving Indigenous Peoples, the completion of a legal assessment/opinion examining the potential impacts of the creation of the Áreas de Conservación Ambiental (ACA) on collective land rights of indigenous people who are part of the project, and the confirmation that the consent documentation submitted by Profonanpe for the establishment of the ACA is complete and compliant with the guidance. Upon receipt of the final progress report from the GCF Secretariat’s Division of Portfolio Management in July 2022 and confirmation from the GCF’s Sustainability Unit that AE’s actions are compliant with the guidance, the IRM decided not to initiate proceedings and to close the case. This decision is available in the IRM's Report on Outcomes of Self-Initiated Proceedings. Overall, and within a relatively short timeframe, significant institutional and project-level improvements have been made based on the recommendations of the IRM, thus averting a dispute that might otherwise have lingered and escalated to become a reputational risk to the GCF.

Case status

Open

26 Mar 2019

Eligibility / Preliminary inquiry
Initial steps and process choice
Problem solving
Monitoring
Closed

13 Jan 2023 - Case monitoring concluded

Complainant

Confidential

Nature of harm raised

Land management
Land ownership & possession
Indigenous people rights
Fpic
Project due diligence
Environmental and social impact assessment
Consultation
Project categorization

GCF policies raised

Interim standards
Esms
Indigenous people
Project approval process

Documentation

Title Versions
Summary of the preliminary inquiry report, and undertakings provided by the GCF secretariat
English | Español
First request for extension of time
English | Español
Second request for extension of time
English | Español
Third request for extension of time
English | Español
Fourth request for extension of time
English | Español
Secretariat progress report - July 2019
English | Español
Secretariat progress report - December 2019
English | Español
Secretariat progress report - June 2020
English | Español
Secretariat progress report - December 2020
English | Español
Secretariat progress report - June 2021
English | Español
Secretariat progress report - December 2021
English | Español
Secretariat progress report - July 2022
English | español
First agreement on additional dates for progress report
English | Español
Second agreement on additional dates for progress report
English | Español
Third agreement on additional dates for progress report
English | español
Extension of time for Secretariat progress report - June 2022
ENGLISH | español
Item 3 legal opinion - Land titling
English | Español
Report on Outcomes of Self-Initiated Proceedings
English

Project details

Project numberFP001
Project title Building the Resilience of Wetlands in the Province of Datem del Marañón, Peru
Theme
Cross-cutting
Country Peru
Region
Latin America and the Caribbean
Accredited Entity Peruvian Trust Fund for National Parks and Protected Areas (Profonanpe)
Result areas
Forests and land use
Livelihoods of people and communities
Risk category Category C