Comparative Analysis of Safeguards

Project duration
10/2022
|
03/2023
Location
Latin America
Head of service line
Diego Martino
©
Julia Caesar on Unsplash
Project Coordinator
Team

Eugenia Recio
Monika Bertzky
Mariano Cirone
Wilson Rocha
Gustavo Raúl Román
Yury Iturralde
Harley Mitchell
Natascha Trennephol

Services
Safeguards
Environmental and Sustainability Law

The objective of the consultancy is to carry out a comparative analysis of the relevant local environmental and social legislation related to the design and implementation of investment programmes and projects (public and private) in a selection of the institution's shareholder countries (Argentina, Bolivia, Brazil, Ecuador, Panama and Paraguay) against the objectives and requirements of CAF's Environmental and Social Safeguards (ESS). The purpose of this analysis is to identify gaps, incompatibilities and other relevant aspects that can help improve the application of the safeguards and the review of applicable legislation in the operations financed by the institution.

Activities include:

  • Review and understanding of CAF's ESS and their contextualisation in the framework of the credit process, the management policies, and the different corporate guidelines in relation to the financing of operations.
  • Elaboration of i) a scoping report detailing the key issues to be addressed for each country, ii) a detailed example of the comparative analysis development of one of the proposed issues, and iii) an inventory of relevant local environmental and social legislation per country, with respect to the key issues addressed in each of the CAF ESS.
  • A comparative analysis of the objectives, contents, requirements and other important aspects of the relevant legislation against the objectives and requirements of CAF's ESS. The objective of this analysis is to identify commonalities, differences, gaps and possible conflicts between the objectives pursued by the two instruments.
  • A compendium of recommendations and actions, based on the conclusions of the comparative analysis, aimed at overcoming differences, gaps and conflicts, and facilitating the application of both instruments (legislation and ESS) in the operations financed by the Institution.

 

Main outputs:

  • A scoping report, example and inventory of legislation.
  • A critical analysis of existing legislation against safeguards requirements.
  • A final document with recommendations and actions to be implemented.

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