Compliance Advisor Ombudsman

Project Overview 

IFC has an active project with Alto Maipo SpA in Chile. According to IFC, the project comprises the construction of two run-of-the-river hydroelectric facilities connected in series with a combined capacity of 531 MW for the purposes of providing baseload electricity to the Chilean Central Inteconnected Grid or SIC. AES Gener is the IFC Sponsor for this project. 

CAO received a complaint filed by Sandra Atisha, a former worker with the AES Gener Foundation and resident of the Cajon del Maipo, whose work focused on the Alto Maipo project. The complaint alleges that while she was working for the company, she was sexually harassed by one of her colleagues. The complainant raises concerns with regards to the appropriateness of the company’s response to her reporting the harassment internally, and thus to the proper functioning of the company’s internal grievance mechanism.

CAO Action

CAO found the complaint eligible for further assessment in August 2017. During the assessment, there was a lack of consensus amongst the parties to engage in a CAO facilitated dispute resolution process. Hence, in accordance with CAO’s Operational Guidelines, the case has been referred to CAO’s Compliance function.

CAO concluded its compliance appraisal in May 2018, and decided that an investigation was warranted in relation to the issues raised in the Alto Maipo-02 complaint. The appraisal noted that CAO has generally not initiated compliance investigations in response to individual employment related disputes. In this case, however, IFC project documentation indicates concerns regarding other allegations of sexual harassment, at the level of the company and contractors, in addition those brought by the complainant. CAO has identified questions as to IFC’s application of requirements that the “client will take measures to prevent and address harassment, intimidation, and/or exploitation, especially in regard to women” (PS2, para. 15). Given the issues raised by the complainant, CAO also has questions as to the application of PS2 requirements regarding the handling of worker grievances (para. 20).

The case was merged with the Alto Maipo-01 complaint for the purpose of the compliance investigation. Terms of Reference for this compliance investigation will be issued in accordance with CAO’s Operational Guidelines.

Status

A compliance investigation is underway. 

Status as of May 16, 2018