LAW, JUSTICE AND DEVELOPMENT WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT November 14-17, 2011 Washington DC LJD LAW JUSTICE and DEVELOPMENT LAW JUSTICE and DEVELOPMENT

Managing unintended development risks and effects Problem-solving approaches: opportunities and constraints Isabel Lavadenz Paccieri Project Ombudsperson Independent Consultation and Investigation Mechanism Inter-American Development Bank 2 2 LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT

What is problem-solving approach?  A tool to move from the current situation to a desired goal state  Most development problems, risks and effects have multiple root-causes and more than one solution.  A tool/channel/technique to address concerns early, openly, on an informed basis, with due protection, in an safe and respectful atmosphere. LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT 3 3

Why are they introduced in development projects?  Compliance is necessary but not sufficient  Most development impacts are possible to mitigate, compensable or avoid  Communications and access to information remain as huge challenges.  Participation matters LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT 4 4

Why are they introduced in development projects?  Most problems are opportunities to improve a situation/operation  They are always between the current reality and the desired objectives LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT 5 5

Some key characteristics of a problem-solving approach: It allows an adequate management of expectations - under-promise and over-deliver Enhances relationships Enables systemic learning Provides alternative safe channel to voice concerns It should be timely LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT 6 6

Some key characteristics of a problem-solving approach: It must be serious, independent, impartial and effective – Highly participatory It must recognize the possibility of a better future/result/path LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT 7 7

Opportunities attached to Problem-Solving approaches: Allow a close-up, and helps the parties in the clarification/prioritization of issues Early warning tool Prevent and manage escalation risks Prevent and manage reputation risks Foster stakeholders participation and access to information Time – and cost-effectiveness Active role and engagement by key parties Trusting environment LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT 8 8

There are some constraints too depending on the approach…… LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT 9 9

Another constraint: how to measure success LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT 10  To solve a problem in the development context does not mean to make it go away…..Often means to help create solutions or ways to address it, in a way that will be less harmful

Common elements/principles on how to deal with social and environmental problems/issues:  Innovation: paradigm shift: problem/conflict as a possible outcome of a development intervention No fault approach Problem solving as a “support function” Complex projects – comparative advantage  Empowerment: By giving voice, space and responses, and by fostering adherence to policies  Impartiality: right systems in place- give voice to affected population/act independently  Working upstream: advisory role is key for c onflict prevention LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT 11

Many approaches to problem solving :  One where the cause or source of the problem is addressed (stop it)  Other where or symptoms of the problem the effects are addressed (mop it)  Top-down: when a solutions is offered by a third party or the decision-maker  Bottom-up: when the parties work through their various options and identify viable alternatives

Many approaches to problem solving:  Although most Mechanisms have some elements in common, such as: Neutrality/impartiality Instruments to give voice to affected population Conduct objective /independent assessments and analyses Limitations (coercive agreements, compensations, recommendations, lessons learned, etc.)  They also have some differentiated features: Triggered by an action or omission in violation to operational or safeguard policies Last resort mechanism Number of requesters- representativeness Exclusion and eligibility criterion Done in conjunction with compliance review Different organizational arrangements LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT 13

Is there a need for a greater harmonization effort among development institutions?  Shared objectives?  Development Effectiveness  Coordinated actions amongst institutions Joint fact finding missions Joint assessments Sharing lessons Where to go from here? LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT 14

Thank you! Isabel Lavadenz Paccieri LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT 15