C0002 Peru

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

C0002 Peru

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 is monitoring the implementation of these undertakings. Out of the four undertakings provided by the Secretariat, three have now been completed - the issuance of guidance on Free Prior Informed Consent (FPIC) requirements, and on risk categorization for projects involving Indigenous Peoples, and 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.  The AE has reiterated and assured both the IRM and the GCF Secretariat that it will take into account all of the requirements to document the FPIC process and carefully manage the establishment of the ACA in line with the recommendations of the legal opinion and the GCF guidance that has been issued. The IRM continues to monitor the fourth undertaking – which is for the GCF Secretariat to ensure that the consent documentation submitted by Profonanpe for the establishment of the ACA is complete and compliant with the guidance. The IRM received a progress report from the GCF Secretariat on 31 December 2020 indicating that there had been no update regarding the establishment of the ACA due to the Covid-19 restrictions that have not allowed the project to organise participative processes and consultations. 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

05 Aug 2019

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

Nature of harm raised

Land management

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
First agreement on additional dates for progress report
English | Español
Second agreement on additional dates for progress report
English | Español
Item 3 legal opinion - Land titling
English | Español

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