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Document Stage: Consultation Paper February 2011
Further Strengthening the Accountability Mechanism
ABBREVIATIONS ADB AM AfDB BCRC BIC BPMSD CAO COSO CRO CRP DEC DG DMC EA EIB EBRD IA IADB IED JBIC MDB NGO OPIC OCRP OM OPIC OSPF PCR PPS RAR RSDD SPF SPS STDP TOR WPBF – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Asian Development Bank accountability mechanism African Development Bank Board Compliance Review Committee Board Inspection Committee Budget, Personnel, and Management Systems Department Compliance Advisor Ombudsman Central Operations Services Office Complaint Receiving Officer Compliance Review Panel Development Effectiveness Committee Director General developing member country executing agency European Investment Bank European Bank for Reconstruction and Development implementing agency Inter-American Development Bank Independent Evaluation Department Japan Bank for International Corporation multilateral development bank nongovernmental organization Overseas Private Sector Corporation Office of the Compliance Review Panel operations manual Overseas Private Sector Corporation Office of the Special Project Facilitator project completion report private project sponsor review and assessment report Regional and Sustainable Development Department Special Project Facilitator Safeguard Policy Statement South Transport Development Project (Sri Lanka) Terms of reference Working Program and Budget Framework NOTE In this report, ―$‖ refers to US dollars.
Working Group Chair
Eduard Westreicher, Alternate Executive Director, Austria; Germany; Luxembourg; Turkey; United Kingdom. Siraj Shamsuddin, Executive Director, Kazakhstan; Maldives; Marshall Islands; Mongolia; Pakistan; Philippines; Timor-Leste. Dereck Rooken-Smith, Alternate Executive Director, Australia; Azerbaijan; Cambodia; Georgia; Hong Kong, China; Kiribati; Fed. States of Micronesia; Nauru; Republic of Palau; Solomon Islands; Tuvalu. Govinda Bahadur Thapa, Alternate Executive Director, Brunei Darussalam; Malaysia; Myanmar; Nepal; Singapore; Thailand. Rajat M. Nag, Managing Director General.
Xiaoqin Fan, Principal Planning and Policy Specialist, Strategy and Policy Department. *The effective assistance of Angelita Cortez, consultant; Edeena R. Pike, Strategy and Policy Officer; and Myrna M. Fortu, Administrative Assistant of the Strategic and Policy Department is highly appreciated.
In preparing any country program or strategy, financing any project, or by making any designation of, or reference to, a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.
G. B. II. III. D. The 1995 Inspection Function The 2003 Accountability Mechanism I 1 2 2 2 3 3 5 6 7 8 11 14 21 22 22 23 24 24 26 27 28 29 29 29 30 32 37 36 40 46 46 47 47 EXPERIENCE SINCE 2003 A. Objectives and Guiding Principles The Structure Human and Financial Resources Functions Eligibility How to File a Request Processing Requests Transparency and Information Dissemination Approaches Application VII. G. IMPLEMENTATION AND RESOURCE REQUIRMENT . E. MAJOR PROPOSED OPTIONS AND CHANGES A. The Consultation Phase The Compliance Review Phase IV. C. B. D. B. B. F. THE REVISED ACCOUNTABILITY MECHANISM POLICY A. E. F. B. D. I. ASSESSMENT OF THE ACCOUNTABILITY MECHANISM A. Enabling Direct Access to the Compliance Review Phase Establishing a Single Point of Entry Clarifying the Cut-Off Date Addressing Site Visit Issues Enhancing the Independence and Effectiveness of Compliance Review Improving Efficiency Improving Awareness and Enhancing Learning VI. C.4 CONTENTS Page EXECUTIVE SUMMARY I. C. INTRODUCTION ESTABLISHMENT AND EVOLUTION OF THE ACCOUNTABILITY MECHANISM POLICY A. H. Accessibility Credibility Efficiency Effectiveness Summary V. E. F.
4. 6. 2.5 A. Awareness and Learning Costs and Resource Needs Effective Date and Transitional Period 47 48 48 48 REQUEST FOR BOARD GUIDANCE Terms of Reference for the Review of the Accountability Mechanism 49 Comparison of Accountability Mechanisms 51 Number of Cases in Different Accountability Mechanisms 55 Summary of Eligible Complaints Handled by the Office of the Special Project Facilitator: 2004 – 2010 56 Summary of Requests for Compliance Review: 2004-2010 60 Summary of Assessment of the ADB Accountability Mechanism 63 . B. 3. VIII. 1. C. 5.
The learning value of the AM has not been fully utilized. and effectiveness. The Review has encompassed an extensive public consultation process. Both the consultation and compliance review phases have proven useful. and effectiveness (ACEE) to assess the AM. 2. The issuance of the project completion report as the cut-off date for filling requests results in a lack clarity and certainty. and examine the scope for improving the AM. the Asian Development Bank (ADB) established an Inspection Function to provide a forum in which project-affected people could appeal to an independent body for matters relating to ADB's compliance with its operational policies and procedures in ADBassisted projects. credibility. building on the Inspection Function. The dual functions of consultation and compliance review effectively complement each other. In 1995. In 2003. efficiency. and evaluation systems already in place at ADB. 3. and delivered effective outcomes. . efficient. credibility. and be cost-effective. A joint Board and Management Working Group was established for this purpose.i EXECUTIVE SUMMARY 1. The Review also suggests that ADB can further strengthen the AM through changes in several areas. At the 43rd Annual Meeting of the Board of Governors of ADB held in Tashkent in May 2010. The issue of site visits can be controversial and demands a practical solution. The major changes are summarized below. be as independent and transparent as possible. ADB introduced the current Accountability Mechanism (AM). It concludes that the ADB AM stands out as a pioneer in institutionalizing the problem solving function among multilateral development banks (MDBs) for both public and private sector operations. The ADB AM is one of the most costly mechanisms among similar institutions. participation. The division of mandates between problem solving. quality control. 5. Further. audit. be responsive to the concerns of project-affected people and fair to all stakeholders. which may reduce its independence from the Management. The compliance review phase is still being operated and seen as adversarial. compliance review. draw from the experience of other similar mechanisms. The objective of the Review is to take stock on the experience of ADB. The requirement that requesters first approach the OSPF creates a perception that the OSPF has reduced the recourse to the compliance review phase and caused delays for people who want to directly request compliance review. The CRP is appointed by the Board upon the recommendation of the President. and are conceptually sound and practically valid. The Working Group engaged two independent international experts to assist in the Review. The AM enjoys a high degree of transparency. and project administration functions is not sufficiently clear. the President of ADB announced that ADB would undertake a joint Board Management Review of its AM (the Review). The Review uses the well recognized framework of accessibility. 4. Drawing on the experience of the ADB and similar institutions. reflect the highest professional and technical standards in its staffing and operations. the awareness of the AM is still limited and many local communities find the AM process lengthy and complex. The AM was designed to enhance ADB's development effectiveness and project quality. and complementary to the other supervision. ensure the right balance between independence and effectiveness. following an extensive review process. the Review proposes changes to further strengthen the AM.
(ii) Improve responsiveness and transparency. several options have been considered. (i) Improving Efficiency. ADB staff should be the main conduits for disseminating information on the AM. (i) Strengthening Credibility. (ii) Improving awareness and engendering a cultural change. This will provide a greater choice to project affected people. Given the sensitivity and importance of site visits. Improving Accessibility. problem solving. The OSPF and OCRP should fully share information with each other to avoid unnecessary duplication of work. This will improve the transparency and responsiveness of the AM. The uncertainty in obtaining the consent for site visits from borrowing countries should be minimized. on projects. The OSPF and OCRP should undertake more systematic and effective outreach activities within ADB. while providing effective services to affected people. Improving independence. Optimizing the use of resources. This will improve the CRP's independence from the Management compared to the current practice in which CRP members are appointed by the Board based on the President's recommendation. Conceptually. The CRP members should be appointed by the Board based on the recommendation of the Board Compliance Review Committee in consultation with the President. complementing the tracking currently done by OSPF and OCRP. (i) Enhancing Effectiveness. 9. (iii) Improve the coordination and potential synergies between OSPF and CRP. This will improve the interface between the AM and the public. . The AM should eliminate the requirement that affected people must first go through the consultation process before they can file for compliance review. ADB should change the cut-off date for filing complaints from the date of the issuance of PCR to one year after the loan closing date. A staff member in OCRP to serve as the Complaint Receiving Officer to receive all requests. and project administration. This will help to ensure optimal use of resources. (i) 7. regardless of the number of requests. and in DMCs. (iii) Clarify the mandate of the AM. There should be a cultural change towards operating and viewing the AM as a positive tool for learning and development effectiveness. This will improve the clarity and certainty of the cut-off date. The operations departments should track the status of requests forwarded to them by OSPF or OCRP. the AM costs should consist of two parts: (i) a ‗fixed cost' element to support a basic structure to maintain and operate the AM. The OSPF and CRP monitoring time frame should be tailored to suit each project. and (ii) a ‗variable cost' to respond to changes in demand. 8. This will help to clearly define the boundaries between compliance review. (i) Changing the cut-off date. Redundant steps in the AM processes should be eliminated and the time frame should be realistically set to reduce transaction costs.ii 6. Enabling direct access to compliance review. The AM is one of the most costly mechanisms among similar institutions. (ii) Site Visits. Establishing one point of entry. Management should respond to the CRP findings and make recommendations for remedial measures for Board approval. The compliance review is fact finding in nature. (ii) Simplify the AM processes.
multiple stakeholder workshops. Review of the Inspection Function: Establishment of a New Accountability Mechanism. and their review report. By the end of 2006. All public comments received were posted on the ADB website. Japan. Manila. by the end of 2006. project beneficiaries. and engaged two independent external experts 4 to assist the Review. The experts are Dr. The Review has encompassed an extensive public consultation process. the private sector. openness. The Working Group has also sought public comments through a dedicated AM review website5. strives to achieve high standards of accountability. and public participation. and people working on AMs of other institutions. In early 2010. Germany. ADB has been undertaking strategic and policy reforms since 2005. Maartje van Putten and Dr. consisting of four members of the Board and the managing director general. i. 2003. Accountability is a core dimension of good governance. The objectives of the Review are to take stock of the experiences of ADB. transparency. the Compliance Review Panel received two requests and the Office of the Special Project Facilitator received four eligible complaints. presentations. It is in this spirit that ADB created the Inspection Function1 in 1995 to provide an independent forum for project-affected people to voice and resolve problems arising from ADB's noncompliance with its operational policies and procedures. including face to face meetings. as an international development agency focusing on fighting poverty in Asia and the Pacific. ADB. The Asian Development Bank (ADB). Ishrat Husain. and visits to project sites. the Board of Executive Directors (the Board) and Management considered that it was time for the review and decided to carry this out as a joint Board-Management exercise. 4. and external experts' issues paper. including adopting the Long Term Strategic Framework in 2008 and the new Safeguard Policy Statement (SPS) in 2009. along with the in-country consultation summaries.e. The AM policy was declared effective on 12 December 2003. 1 2 3 4 5 Establishment of an Inspection Function. the United States. credibility. In-country and regional consultations were held in Sri Lanka.org/AM-REview/. and examine the scope for improving the AM. INTRODUCTION 1.1 I. Appendix 1 contains the TOR of the Review.3 Further. Indonesia. 1995.adb. and staff. The review was deferred as there were only a few cases by 2006. governments. draw on the experiences of similar mechanisms. Manila. ADB introduced the current accountability mechanism (AM) 2 in 2003 following an extensive review process. This paper presents key findings from the review process and proposes changes to further strengthen the accessibility. efficiency. A Working Group was established in April 2010. and the Philippines from September to November 2010. the Management. and effectiveness of the AM. nongovernmental organizations (NGOs). The stakeholders consulted included project-affected people. 3. Building on the Inspection Function. The Working Group finalized the terms of reference (TOR) for the Review in June 2010 in consultation with the Board. academia and think tanks. Maintaining an effective accountability mechanism to address the grievances of people adversely affected by ADB financed projects is instrumental for achieving equitable and sustainable development. 2. The AM policy envisaged a review of its implementation by the Management three years after it came into effect. http://www. ADB Board members. The President announced the Review at the 43rd Annual Meeting of the Board of Governors of ADB in Tashkent in May 2010. ADB. ..
transparency. 6 7 8 ADB. and between the BIC and the Board had affected the independence of the panel. The Inspection Function aimed at providing a forum for project-affected people to appeal to an independent body for matters relating to ADB's compliance with its operational policies and procedures in ADB-assisted projects. The most significant change introduced by the 2003 policy was the establishment of two separate but complementary phases within the AM. Report and Recommendation of the President to the Board of Directors: Proposed Loan and Technical Assistance to the Islamic Republic of Pakistan for the Chashma Right Bank Irrigation Project (Stage III). The 2003 policy referred to the "problem-solving" phase as the "consultation process" to avoid unrealistic . The lack of scope for solving problems hampered the effective redress of problems faced by people on the ground. (Loan 1146-PAK for $185 million. approved on December 1991). ADB reviewed the Inspection Function and carried out extensive external and internal consultations. Thus. and ensuring the continuity of the panel of experts. There was a strong expectation that the new mechanism should enhance ADB's development effectiveness and project quality. One request—the Samut Prakarn Wastewater Management Project6 in Thailand—went through a full inspection process from April 2001 to March 2002. The 2003 Accountability Mechanism 9. and effectiveness of the Inspection Function. The eighth request for inspection on the Chashma Right Bank Irrigation Project (Stage III) in Pakistan 7 was received in November 2002. Manila. 8. In December 1995. The ad hoc nature of the panel selected from the roster of experts on a case-by-case basis was not conducive to accumulating knowledge and expertise. The Compliance Review Panel (CRP). of which six were deemed ineligible. the Board authorized an inspection. These are (i) a consultation phase 8 . the relationships between the panel and the BIC. ADB received eight requests for inspections. 1991. The perceived lack of independence threatened the credibility of the inspection process. The inspection also raised concerns about the independence.2 II. (Loan 1410-THA for $150 million. ESTABLISHMENT AND EVOLUTION OF THE ACCOUNTABILITY MECHANISM POLICY The 1995 Inspection Function A. and (ii) increasing problemsolving measures within the AM processes. Report and Recommendation of the President to the Board of Directors on Proposed Loan to Thailand for the Samut Prakarn Wastewater Management Project. 1995. in 2002 and 2003. The Inspection Function was the third multilateral development bank (MDB) AM. It became evident during the inspection of the Samut Prakarn Wastewater Management Project that the inspection process was complex. approved on December 1995). established after the adoption of the 2003 AM policy. following the establishment of the Inspection Panel at the World Bank in 1993 and the Independent Investigation Mechanism at the Inter-American Development Bank (IADB) in 1994. B. credibility. In April 2003. 5. which commenced in December 2003 and was completed in June 2004. monitored the implementation of the Inspection Panel's recommendations from 2004/05 to 2008/09. 6. the ADB Board approved the establishment of an Inspection Function. The review ushered in the new ADB AM in 2003. Manila. 7. Consultations reinforced support for (i) an independent AM that addresses the complaints of adversely affected people in ADB-assisted projects. Since the panel of experts reported to the Board Inspection Committee (BIC). From 1995 to 2003. ADB.
Under the previous Inspection Function. The ADB AM was the first MDB mechanism to go beyond the pure inspection function by implementing the dual dimensions of problem-solving and compliance review for both private and public sector operations. OSPF received 32 complaints since the AM became effective in December 2003 until the end of 2010. The ADB was the first in introducing problem solving for both public and private sector operations. direct and material harm to project-affected people. 11 The cases received by OSPF are termed ‗complaints' in the 2003 policy. The term "compliance review" is used in the 2003 policy to avoid negative associations in the term "inspection. and site visits. Table 1. The consultation phase consists of the SPF who is assisted by the Office of the Special Project Facilitator (OSPF). On the relationship. consisting of the CRP to investigate alleged violations of ADB's operational policies and procedures that have resulted. 12. the complainants were finally informed of what happened to their requests at the end of a long process. it stressed that problem solving should precede compliance review to enable immediate actions for resolving the concerns of project-affected people. Both SPF and CRP are empowered with monitoring mandates on the implementation of remedial actions. Complaints Received by OSPF – By Year Year 2004 2005 Total complaints 3 1 Eligible Complaints 2 1 expectations that every problem will be resolved by ADB. On average. or are likely to result. III. The Consultation Phase EXPERIENCE SINCE 2003 13. The policy paid particular attention to the relationship between the consultation and compliance review phases. CRP is assisted by the Office of the Compliance Review Panel (OCRP). it provided choices for complainants to exit the consultation phase and request a compliance review. The compliance review phase consists of three CRP members. 9 .3 consisting of a special project facilitator (SPF) who will respond to specific problems of locally affected people in ADB-assisted projects through a range of informal and flexible methods. CRP reports directly to the Board on all activities. at 13 and 7 respectively. the policy adopted the approach that site visits should only take place with the consent of the borrowing country. 11 of which were eligible for problem solving. The SPF reports directly to the President. At the same time. and enabling them to actively participate in the problem solving process. 11." 10 The Compliance Advisory Ombudsman (CAO) of the International Finance Corporation (IFC) was the first to introduce problem solving for the private sector operations. but their problems could still remain unresolved. The complaints were highest in 2009 and 2010. On site visits. and reviewing the CRP's draft monitoring reports where the CRP reports to the Board Compliance Review Committee (BCRC). and (ii) a compliance review phase9. 10 The adoption of a problem solving function was a significant innovation that was emulated by other institutions. This approach was expected to be particularly helpful for project-affected people by focusing on addressing their problems. A. 10.11. one of whom is the chair. in.. Dedicated institutional support has been provided to both the consultation and compliance review phases to reflect their distinctive features and needs. except in specific activities of clearing the CRP's review TOR and timeframes. OSPF receives about 5 complaints each year (Table 1).
Overall.1 18.5 100. Complaints Received by OSPF – By Region Regions South Asia Central and West Asia* Southeast Asia East Asia Total Number 8 17 6 1 32 Share of Total (%) 25. The road transport sector had the highest number of complaints. water.0 15. 16. Number 14 3 2 2 21 Share of Total (%) 66. More than half the complaints (17 out of 32). At 14 complaints. Reasons Why Complaints Were Found Ineligible (2004-2010) Reasons Complainants have yet to address the problems with the concerned operations departments Complainants are not materially and adversely affected by the project Project completion report issued Procurement related Total Source: OSPF Complaints Registry as of 31 December 2010.8 12.8 3. it accounted for 43.5 9.8% of the total complaints.0 * This includes Pakistan. and energy) accounted for 75% of the total complaints (Table 4).7 14. and Southeast Asia (6) (Table 3). Among the 21 ineligible complaints. infrastructure sectors (transport.3 9. Source: OSPF Complaints Registry as of 31 December 2010.0 53. This is followed by the complaints from South Asia (8). followed by water and other municipal infrastructure and services. came from the Central and West Asian subregion. Table 4. Complaints Received by Sector. Table 2. 2 were filed after the project completion reports (PCRs) had been issued.8 18. 2 were related to procurement issues which were handled by the Central Operations Services Office (COSO).5 .1 100. 2004-2010 Sector Road Transport Water and Other Municipal Infrastructure and Services Energy Total 14 6 4 Share of Total (%) 43. Table 3. 14.4 2006 2007 2008 2009 2010 Total 6 2 0 13 7 32 1 1 0 4 2 11 OSPF = Office of the Special Project Facilitator. and 3 were not related to ADB projects (Table 2). in 14 cases the complainants did not make prior good faith efforts to solve problems with the operations departments. Source: OSPF Complaints Registry as of 31 December 2010.
CRP carried out a 12 African Development Bank Compliance Review and Mediation Unit. for example. Source: OSPF Complaints Registry as of 31 December 2010.0 2. 2009. In the African Development Bank (AfDB). and termination of contract.6 16.0 Source: OSPF Complaints Registry as of 31 December 2010. B. inadequate information. procurement. ** These include the following issues: distributary link.5 Agriculture and Natural Resources Industry and Trade Rural Infrastructure Education Regional Technical Assistance Total 4 1 1 1 1 32 12. About two-thirds of the complaints are related to resettlement.3 100. Issues Raised in Complaints. 1 2 3 4 5 6 7 Issues Resettlement Information Consultation and Participation Agriculture. education.5 3. consultation and participation. Tunis. On the request for compliance review in the Nepal Melamchi Water Supply Project. and thus deemed the request ineligible.1 3. 13 The cases received by the CRP are referred to as ‗requests' in the 2003 policy. . Over half of the complaints were filed with the assistance of NGOs (Table 6).3 11. CPR carried out a site visit to determine eligibility. 18.1 3.1 3. Environment Community and Social Issues* Energy Others** Total Number of Times Raised in Complaints 26 12 10 9 8 2 6 73 Share of Total (%) 35. Table 5. The Compliance Review Phase 19.0 Source: OSPF Complaints Registry as of 31 December 2010. loan suspension.12 Table 6. 17. the major complaints were on the adequacy of the compensation rates (Table 5). Natural Resources. of which two were eligible (Table 7). The Independent Review Mechanism Annual Report 2009.1 100.4 13.8 56.7 12. Complaints Received from Affected Persons and NGOs Complaints Affected Persons NGOs and Affected Persons Total Number 14 18 32 Share of Total (%) 43. The active roles of the NGOs in representing the requesters are consistent with other MDBs.2 100. It could not ascertain alleged harm and noncompliance. flooding. all 3 complaints received by the Independent Review Mechanism (IRM) in 2009 were submitted by NGOs on behalf of requesters.0 * This includes gender issues which were raised once. CRP has received three requests 13 for compliance review since 2004. 2004-2010 No.7 8. Within resettlement.
Ineligible. 1820-NEP (SF). the Directors approved the CRP monitoring the implementation of the Board decision on the Inspection Request for this project. 1999. Manila. credibility. Credibility includes independence. *with requisite basic information.Loan No. 1711-SRI (SF).6 compliance review on the Sri Lanka: Southern Transport Development Project (STDP)14 and has monitored the implementation of remedial actions for more than four years. Request No. London.8 million. . (Asian Development Bank Loan No. the CRP issued its report 16 in October 2010 without a conclusion. are not exhaustive. 1991. and effectiveness. ASSESSMENT OF THE ACCOUNTABILITY MECHANISM 20. These are accessibility. 2009. Note on Criteria for Evaluating Accountability Institutions in MDBs: Address to 4 Meeting of Accountability Mechanisms. 18 th Weiss. Manila. and process of AM. 15 ADB. Accountability at the World Bank: The Inspection Panel at 15 Years (pp. Source: CRP Registry of Requests. . England. 2009/1. although security conditions have precluded any CRP site visits since 2007. (Loan 2176-PRC for $55.CRP monitored the implementation of the Inspection Panel's recommendations on the Chashma Right Bank Irrigation Project (Stage III)17 in Pakistan between 2004/05 and 2008/09. Efficiency has both time and cost dimensions. 2176-PRC.Loan No. commonly referred to as ACEE criteria. Report and Recommendation of the President to the Board of Directors: Proposed Loan and Technical Assistance to the Islamic Republic of Pakistan for the Chashma Right Bank Irrigation Project (Stage III). Report to the Board of Directors. and do not 14 ADB. 21 June 2007. Requests for Compliance Review Request number 2009/1 Date received* 3 Jun 2009 Project name People's Republic of China: Fuzhou Environmental Improvement Project . D. On the Fuzhou Environmental Improvement Project 15 in PRC. (Loan 1711– SRI[SF]). 16 Compliance Review Panel. 2004/2 2004/1 6 Dec 2004 2 Dec 2004 Special Monitoring Mandate: Chashma Right Bank Irrigation Project (Stage III) In August 2004. IV. 2176-PRC). Washington. Edith Brown. Regarding the Fuzhou Environmental Improvement Project. Nepal: Melamchi Water Supply Project . Report and Recommendation of the President to the Board of Directors on the Proposed Loan to the People's Republic of China for the Fuzhou Environmental Improvement Project. while effectiveness encompasses a broad array of characteristics relating to the ability and performance in delivering the desired objectives. Eligible. transparency. The CRP indicated that without a site visit it was unsafe to issue any findings or make any recommendations. The ACEE criteria are interrelated. approved on December 1991). Table 7. 17 ADB. Manila.109-113). This is a unique monitoring mandate for the CRP. efficiency. Each criterion has multiple subcomponents. on the Compliance Review Process For. (Loan 1146-PAK for $185 million. 2005.Loan No. approved on 29 July 2005). Manila. Recent research points to four attributes18 that can be used to guide the design and assessments of an AM. Report and Recommendation of the President to the Board of Directors on a Proposed Loan to the Democratic Socialist Republic of Sri Lanka for the Southern Transport Development Project. eligibility for filing requests. Sri Lanka: Southern Transport Development Project . and participation. in World Bank. Eligible. Accessibility includes awareness.C.
However. The internet is a key media for disseminating knowledge on AM. They apply multiple approaches to reach out to local communities. Personnel. 19 ADB. and the public. . European Bank for Reconstruction and Development (EBRD). 24. Eligibility Criteria 23. and governments. IADB. Regional Technical Assistance on Outreach for Good Governance and Development Effectiveness through the Accountability Mechanism (TA 7572). especially among local communities. ADB also approved technical assistance19 funding of $225. Some argue that there should be no restriction on the minimum number of people who can file complaints. consultations reveal that the awareness of the AM is still limited. The International Finance Corporation (IFC). and Japan Bank for International Corporation (JBIC) require a minimum of two people to file a complaint. materially. This paper uses ACEE as an analytical framework to assess the ADB AM and identify issues. as well as raising awareness among staff. AfDB. Manila. ADB. it may be argued that if any material problem exists. the private sector. Awareness 21. The program has started with the Pacific subregion and is expected to extend to other DMCs if successful. which may in part be due to the outreach and an increasing awareness of the AM. 22. The past two years have seen an increase in complaints to OSPF. Reaching people with limited internet access remains a key challenge. Minimum Number of People Required. (ii) the cut-off date for filing complaints is the issuance of the PCR. and (iii) only people who are directly. NGOs. The vast majority of complaints received so far by OSPF and OCRP have been filed by more than two persons. A joint OCRP and OSPF outreach strategy was adopted in 2010. NGOs. finding at least two individuals to file a complaint should not be a major constraint. OSPF and OCRP websites contain a rich amount of information.7 have a hierarchical order in importance. The two person requirement was intended to help filter out frivolous complaints. A. and adversely affected can file complaints.000 for OCRP to cover a pilot program of outreach at a sub-regional level in 2010. European Investment Bank (EIB). all of which are important conduits for informing local communities. and both OSPF and OCRP have not come across any requesters who claim that the two person requirement caused any problems to them. 2. Both OSPF and OCRP have pursued systematic outreach and consultation with project beneficiaries and project affected persons. The AM eligibility criteria are similar to those of other MDB mechanisms. 2010. Accessibility 1. On the other hand. and Management Systems Department (BPMSD) in developing courses on conflict management and compliance review to improve staff capacity. including clear steps on how to file complaints. governments. including direct interactions. OSPF and OCRP have worked with the ADB's Budget. and the United States Overseas Private Investment Corporation (OPIC) allow requests from only one individual. along with the World Bank. The three criteria that attracted most debate during the consultations are (i) currently a minimum of two people are required to file a complaint. civil society groups.
This is a crucial point in easing the burden of filing a request. Among the prevailing practices. ADB is ahead of most MDBs by allowing the complaints to be filed until the issuance of the PCR. It encompasses such aspects as appointments. the SPS cannot be used as a basis to extend the eligibility criteria to indirect harm. or hand delivery to ADB headquarters or resident missions. The identity of complainants will be kept confidential if they prefer. Environment Policy of the Asian Development Bank. The procedures for filing a complaint are clearly articulated in the policy. 26. and the exact dates are difficult to know in advance. reporting. . the 2002 ADB Environment Policy21 took cognizance of indirect impacts of the projects on environment. For example. 3. Appendix 2 compares the key features of AMs in nine development agencies including the cut-off dates of different AMs. Cut-off Dates. The independence of AM is multi-dimensional. It would also be difficult to accurately attribute the harm to the project long after the project's completion. However. but this is not a mandatory requirement. Process of Filing Complaints 28. the use of the PCR as a cut-off date creates problems since the dates are often not clear. 29. can be written in English or any DMC official or national languages. facsimile. ADB. Credibility 1. brochures.8 25. budgeting. the ability to make independent judgment. the ADB website. 20 21 In the Philippines. Direct and Material Harm. the conceptual.20 PCRs are issued within 1-2 years after project completion. and above all. While complaints could technically be filed many years beyond project completion. There is a need to improve the clarity of the cut-off dates. Some argue that the adverse environmental or social effects of the project may become apparent several years after the closure of the project. 27. the operations manual (OM Section L1). indirect impacts on the environment have long been included in the safeguard policies of ADB and similar institutions. Some argue that since the SPS (2009) acknowledges indirect environmental impacts. work planning. B. 2002. a complaint was ineligible as it missed the PCR date by a small margin. electronic mail. Consultations undertaken as part of this review indicate that project-affected people still find it difficult to file complaints. These indirect environmental impacts nevertheless can directly harm people. AM is a derived policy based on other ADB operational policies. Manila. However. methodological. and can be submitted by mail. and measurement problems prevent a strong rationale for extending the criteria to include indirect and nonmaterial harm. ADB needs to further explore means to simplify the process. In fact. ADB would not have leverage on the borrowing country to rectify the adverse effect long after the project was completed. the AM should also consider complaints on indirect harm. Independence 30. Similarly. Requests for consultation and compliance review can be brief. and other OSPF and OCRP publications. The AM's cut-off date for filing a complaint is the issuance of the PCR. There is no policy basis to extend the eligibility criteria to include indirect and nonmaterial harm. The requesters are encouraged to cite specific policies in describing a complaint.
The IED work program and budget is reviewed by DEC and approved by the Board. IED. the policy indicates that CRP needs BCRC's positive response before proceeding but that this does not necessarily imply that BCRC approves (or disapproves) of the content of what is submitted. The BCRC reviews CRP reports and makes comments. The CRP members are currently not evaluated. This is considered appropriate for drawing on fresh experience and minimizing external influence. of its TOR on compliance review. it is argued that the independence of the CRP could be further enhanced in the areas of CRP members' appointment. The SPF reports directly to the President. CRP and OCRP. The IED review also suggests that independence alone does not ensure accountability and good quality evaluations. 2008. 33. and the Management and staff. partly due to the demand driven nature of its work. By contrast.24 Second. work planning. Thus appropriate Board oversight is needed to facilitate the effectiveness of an independent mechanism. . The IED experience indicates that appropriate interactions help on sharing lessons and best practices. 22 The use of the term "clearance" in the 2003 policy allows the BCRC to emphasize and exercise its neutrality. 24 The SPF's role is limited to ADB-related issues concerning ADB-assisted projects. ADB. but not from Management. the problem solving process is not for determining liability or apportioning blame or fault. CRP requires BCRC's clearance. but the DEC provides written annual performance feedback to the DG. consensus-based methods with the consent and participation of all parties concerned. Rather it is designed to have genuine complaints in ADB-assisted projects addressed through informal. 35. This arrangement is warranted for two reasons. CRP reports directly to the Board on all activities. independence need not and should not translate into isolation. or implementation of a project. The IED experience also highlights that while independence is an important prerequisite for the credibility of the mechanism. the Director General (DG) of IED is appointed by the Board based on the recommendation of the Board Development Effectiveness Committee (DEC) in consultation with the President. Drawing on the review leading to the establishment of the Independent Evaluation Department (IED)23 at ADB. The CRP members are currently appointed by the Board on the President's recommendation. 22 but not approval. OSPF. People who believe they have been adversely affected by an ADB-assisted project can use the consultation process regardless of whether ADB operational policies and procedures have been complied with or not. By distinguishing between "clearance" and "approval". First. He/she should not be directly involved in any aspect of the formulation.9 31. Currently. except in specific activities of clearing CRP compliance review TOR and timeframes. but there is no formal work programming and budgeting process for CRP. Manila. In a similar manner to the DEC's role on IED. detached perspective on a project. the OSPF needs to work closely with staff in operations departments in problem solving. and reviewing CRP draft monitoring reports where the CRP reports to the BCRC. but does not change the reports and it is up to the CRP to decide how to respond to the comments. budgeting. These aspects highlight that the CRP enjoys a high degree of independence from the Management and even from the Board. The 2003 policy required that the SPF be independent from operations. CRP members have non-renewable terms. 23 Review of the Independence and Effectiveness of the Operations Evaluation Department. Striking an appropriate balance between the need for an objective. processing. the BCRC should be a focal point for the CRP's interaction with the Board and an avenue for regular dialogue on the AM. BCRC's function in clearing the proposed TOR and commenting on the draft compliance review report is to ensure that CRP operates within the scope of the compliance review. 34. there is little interaction between CRP. and performance feedback. 32.
while ensuring that the required confidentiality is met.10 and the need for sufficient knowledge with bank operations and close interactions with staff. Reporting to the President ensures an appropriate level of independence. 36. However. . Consultation is outcome driven. This monitoring role strengthens the AM's credibility. The AM demarcates problem solving and compliance review as separate matters when harm is alleged to be caused by ADB assisted projects. 2. Overall. the most significant change of the AM policy was the introduction of the consultation phase. Transparency 37. As such. and empowers the OSPF with sufficient effectiveness. the AM requires that complaints are first filed with OSPF before complainants can request the compliance review process. the borrowing country is not given the opportunity to respond either before the compliance review eligibility is decided. The ADB AM empowers the OSPF and CRP with the mandate of monitoring implementation of remedial actions. suggests that the consultation phase is best placed under the Management. A participatory approach suggests that requesters should be able to decide which phase they want to start first. Third. 40. This information gap may hinder the AM's transparency and responsiveness. Both OSPF and OCRP have posted a rich amount of information on their websites. It does not focus on fault by any party and aims to foster amicable settlement. 4. The compliance review is focused on the ADB's compliance with its own operational policies and procedures and the direct and material harm caused by noncompliance. SPF final reports. and Board's decisions on compliance review. the compliance review phase does not provide the opportunity for the Management to respond before the eligibility of a request is determined. CRP review reports. there is currently no system for tracking the complaints that the OSPF forwarded to the operations departments due to a lack of prior good faith efforts by the complainants in resolving the problems with the departments. rather than just being a recipient of results from an inspection. Monitoring of Remedial Actions 41. It is a cornerstone of the new approach. Consistent with the requirement of the Public Communication Policy. This offers opportunity for affected people to actively participate in problem solving. and enables increased participation by requesters. 3. The scope for participation in the AM can be further enhanced. including the SPF review and assessment reports. unlike the World Bank's Inspection Panel. Retaining a clear distinction between the two phases is necessary to ensure the independence and effectiveness of AM. the AM has maintained a high degree of transparency in disclosing its findings and recommendations. or at the draft CRP report stage (even though it has the principal responsibilities in implementing any remedial actions). Second. In this aspect. Participation and due process demand that the affected people not to be excluded from the decision-making process. there is no systematic information on the processes and outcomes of these complaints. CRP annual monitoring reports. Participation 39. First. This gap can affect goodwill and effectiveness of AM. 38. The ADB AM clearly specifies steps for the consultation and compliance review processes and the expected duration for most steps.
and the borrowing countries without commensurate value added. local communities expressed a strong desire to use the local systems and ADB resident missions to expedite problem solving. Missions can only be fielded periodically.. Efficiency 1. Time 42. Manila. However. The 2003 policy expected that it would take 21 days for the SPF and CRP to determine the eligibility for consultation or compliance review respectively. 43. Both the consultation and compliance review are intensive processes that often require hiring mediators or experts. There is limited coordination between the work of SPF and CRP. Only two requests had gone through the full compliance review process.. 44. any request for extension of time to provide information or file documents. the average time from receiving a request to CRP informing the requesters of the eligibility is about 20 days. 46. the nature of the AM. The relatively long duration of AM processes may be attributed to several factors. the 2003 policy expected that ―The requester will know the outcome of the Board decision after at least 128 days from receipt of the request for compliance review by ADB. Third. Second.‖ These periods exclude the time taken by the parties in the consultation phase. 16). approved on October 2000) .26 for example. It took an average of 36725 days from receiving the requests to informing the requesters about the Board's decision on the CRP review report. limited resources to fund the AM. consultation with people working on ADB AM indicates that the resources have so far not been a constraint. any request for extension of time to provide information or file documents. There is a need to improve the coordination of the SPF and CRP work. This one-size fits all time frame is rigid. For the consultation phase. The 2003 policy and the current OM Section L1 have not prescribed a time frame of five years for every project. Report and Recommendation of the President to the Board of Directors on Proposed Loans and Technical Assistance Grant to the Republic of Indonesia for the Community Empowerment for Rural Development Project. The CRP has set its monitoring time frame at five years for each project. First the processes are complex. 25 The duration from receiving the request to providing information to the requesters about the Board decision was 223 days in the case of STDP. ADB. The experiences of other MDB AMs show that it is customary to take more than one year to complete the problem solving and compliance review processes. 2000. During the site visits to the Community Empowerment for Rural Development Project CERD in Indonesia. 45. and 511 days in the case of the Fuzhou project. An important aspect of efficiency is the avoidance of unnecessary duplication of work. and the average time from receiving a complaint to starting to implement the course of action is about 170 days for the eligible cases. The consultation process is expected to take about 3 months from the date when the complaint is filed with ADB. For the compliance review. the average time for determining the eligibility is about 45 days. For the compliance review phase. and demands time and resources from the affected people. This is especially true for large and complex projects. A more flexible time frame tailored to each specific project will be more efficient. The processes are initiated from Manila. and the time needed by the parties to facilitate resolution of their problems during the implementation of the course of action. without diluting or endangering their independence.. which is not time bound (para. (Loan 1765-INO for $115.11 C. This calls for continued efforts to simplify the processes. This period excludes translation time. 26 ADB. and the duration of CRP's review. translation time.
5 703.649. However. As the AM is a demand driven mechanism.3 609.4 60. Data is not available for an accurate comparison for cases being handled with by each AM each year (Figure 1).4 1. The TOR for inspecting the Chashma project estimated the costs for the Panel alone at $500.9 World Bank Inspection Panel (Actual) 2.6 44. The costs associated with the AM are of widespread concern—not only the direct operating costs but also the indirect costs of staff time.2 2.965. OPIC = Overseas Private Investment Corporation.721.306. at $2. ADB needs to ensure that there are adequate resources to effectively respond to the requests of project-affected people. Costs 47. Table 9.2 3. This was followed by the World Bank's Inspection Panel at $3.537.Office of Accountability (Budget) 2004 2005 2006 2007 2008 2009 243.1 million.1 million.068. Using this number as the denominator underestimates the cost per case as some cases have already been resolved or terminated and do not incur costs.7 million in ADB staff time and resources and $200.2 520.9 AfDB Independent Review Mechanism (Actual) OPIC .000 for the Inspection Panel.12 2.9 1.8 994.618.5 ADB = Asian Development Bank. 50.9 2. The IFC CAO has the highest operating costs at $3.091. .2 1.7 462.9 2.136.4 2. Table 9 presents the operating costs of different mechanisms. Operating Costs ($000) Year ADB Consultation (Actual) 686.4 3.976. the potential increases in costs of implementing projects.5 3.000 in 2003.3 million in 2009. and costs to affected people. The cumulative cases refer to the total number of complaints received each year from 2004 to 2009.6 28.209. The cost for the ADB AM was the third highest.3 1.7 602. yet not to put in place large excess capacity which leads to inefficient use of scarce resources. Source: The data for ADB is from BPMSD and for other AMs are from their annual reports.045.8 904.9 ADB Compliance Review (Actual) 919.9 3.900. 48.8 861. using aggregate operating costs throughout the years as a numerator yielded the same conclusion that the ADB AM's operating costs are relatively high in relation to its case load among different AMs.9 22. the operating costs per case vary from year to year.808.5 1. and some costs have to be incurred to maintain an effective AM regardless of the number of complaints received.7 373. A comparison of the operating costs relative to the number of cases across similar institutions suggests that the ADB compliance review phase has relatively high operating cost per cumulative case.235. The operating costs are borne by ADB.2 2. IFC = International Finance Corporation. The estimated costs for inspecting the Samut Prakarn Wastewater Management Project were approximately $1.5 IFC Compliance Advisor Ombudsman (budget) 1.197. AfDB = African Development Bank. 49.
the maintenance of engineers' facilities. and tendency to focus on compliance rather than development results. The total value of these three claims is around Rs. OSPF = Office of the Special Project Facilitator. and annual reports of various accountability mechanisms. and delayed benefits while the country repays the loans and interests as originally scheduled. IFC = International Finance Corporation. The Government of Sri Lanka estimated the costs relating to the AM on STDP at about Rs. and after the ADB's Inspection Panel deemed the request by the same requesters ineligible in 2001. First. OCRP = Office of the Compliance Review Panel. The Government of Sri Lanka stated that some project affected people refused to move out even after receiving their compensation. Operating Cost per Cumulative Case ($000 per cumulative case. Second. The DMCs identified that the possible costs include (i) delays in project implementation which lead to cost escalation. the extensions of the contracts of the contractor. It argued that a CRP review was not necessary after the Appeal Court decision in 2002 and the Supreme Court judgment in January 2004. AfDB = African Development Bank. The contract signed between the Ministry of Highways (MOH. ICIM = Independent Consultation and Investigation Mechanism. IP= Inspection Panel. Third.13 Figure 1. the contractor has submitted three claims on the employer's failure to give site possession. OPIC = Overseas Private Investment Corporation (US). the construction supervision consultants. OA = Office of Accountability. WB=World Bank.5 billion ($45 million) due to several factors. cost overruns. However. (iii) higher compensation. CAO = Compliance Advisory Ombudsman. Due to the delay in handling over the project sites. ADB. (iv) higher administration costs. CRP= Compliance Review Panel. the actual handing over took place in 2006. (ii) changes of scope which require more funding and make project design suboptimal for the beneficiaries as a whole. 2009) 350 300 250 200 150 100 50 0 ADB-OCRP and CRP AfDB-IRM WB-IP ADB-AM ADB-OSPF IFC-CAO OPIC-OA ADB = Asian Development Bank. lack of innovation. and other related costs due to the employer's failure to hand over project sites. 51.8 Billion ($36 million). until a fiscal order from the Supreme Court was issued. A common concern of the DMCs is that AM causes significant costs which are ultimately borne by DMCs. These claims are now going through the International Arbitration process. the employer) and the contractor (Kumagai Gumi) in December 2002 required that the MOH hand over the ADB part of the project sites to the contractor in early 2004. AM = Accountability Mechanism. cost escalation due to price increases. and (v) non-financial costs such as risk aversion by ADB to avoid needed but complex projects. delay in handing over project sites and awarding construction contracts.3. The annual average . Source: BPMSD. IRM = Independent Review Mechanism. The Government noted that similar problems did not occur in the JBIC cofinanced part of the same road.
In its 200809 Annual Monitoring Report28. 2. project level grievance redress mechanisms. Structure of the Accountability Mechanism 54. 41). Relevance 55. 1146-PAK[SF]). This is a major reason for the borrowers' uneasiness and reluctance in accepting compliance review. 2009. and puts a heavy burden on their work and daily life. and operation departments' efforts in problem prevention. This structure was adopted in 2003 after widespread consultation. The Government requested and ADB approved $90 million of supplementary financing loan on 6 March 2008. The AM processes also require project-affected people to spend time and resources. Effectiveness 1. The AM ushered in a new dimension of accountability. Annual Monitoring Report 2007-2008 to the Board of Directors on Implementation of Remedial Actions on the Inspection Request on the Chashma Right Bank Irrigation Project (Stage III) in Pakistan (ADB Loan No. The Panel also assumes that there were other consequential costs incurred by the borrower that were related to implementation of Board-approved recommendations‖ (para. The PCR indicated that $12. D. It consists of two separate but related functions: the consultation phase and compliance review phase. Implementation delays and other factors led to significant cost overruns. the AM should encourage the full utilization of country systems. the CRP stated that the Panel is ―aware that all remedial works that may be required to correct any issues of non-compliance in a project will entail additional time. 53. For this reason. Based on the recommendation of the Inspection Panel. Proposed Supplementary Loan and Technical Assistance Grant Southern Transport Development Project (Sri Lanka). problem solving. the loan closing date was extended for five years. the experience of other MDBs can set the context. A protracted process demands people's time and effort. Some argued that the requests received by CRP were too low. 2008. The project completion date was extended by four years to the end of 2010. While it may not always be possible to accurately attribute costs to AM due to the dynamics of multiple factors at play. Manila. The World 27 ADB.27 In the Chashma project. Manila. it is true that the AM often entail costs to DMCs. OSPF has received 32 complaints. and encouraging early compliance. Before analyzing possible reasons for the limited recourse to the CRP.14 inflation rate in Sri Lanka was about 12% from 2004 to 2009.5 million of the total ADB loan was actually disbursed for implementation of the remedial action plan. 52. ADB needs to confront this anomaly to ensure the credibility of the AM and its ownership by DMCs. and may well entail additional costs. including the CRP site visits. the project was due for completion at the end of 2004 at the onset of the inspection. with 99% of project construction complete and 80% of ADB loan having been disbursed. and CRP received 3 requests since 2004. The anomaly is that the costs resulting from ADB's noncompliance with its operational policies and procedures are borne by the borrowers. including costs to be borne on the part of the borrower. Additional resources to establish the Complaint Center established by the Water and Power Development Authority was covered by the Government. for example. . 28 ADB Compliance Review Panel. Consultations in 2010 suggest that this basic structure remains sound and is being increasingly followed by other development agency AMs. There is a need to ensure transaction costs in addressing the problems faced by project-affected people are minimized.
15 Bank Inspection Panel has investigated 32 requests during its 17 year existence from 1993 to 2010. Most of the grievances are tackled at the project level by the executing agencies (EAs) and implementing agencies (IAs). the Government of Sri Lanka has established a Land Acquisition and Resettlement Committee and Super Land Acquisition and Resettlement Committee. 56. The AfDB received 6 cases since 2007 of which 2 were eligible for compliance review. This aspect of the SPS policy became effective in January 2010. OSPF = Office of Special Project Facilitator. multiple level problem prevention and solving mechanism have been in place. Most affected people received a satisfactory resolution of their problems through these mechanisms. among which 9 went through the initial compliance appraisal but were deemed as ineligible for compliance audit. Appendix 3 presents number of cases received by different AMs. an average number of less than 2 cases each year for an Institution whose portfolio is nearly four times the size of ADB's. These data show that the low volume of complaints is a common phenomenon. The SPS explicitly requires the establishment of project level grievance redress mechanisms to quickly respond to projectaffected people. and 3 are ongoing. 6 went through the full compliance audit process. consisting of grievance handling mechanisms at the project level. Well designed project specific grievance mechanisms may mean that in the future even fewer cases are brought to the AM for resolution (Figure 2). The IFC Compliance Division has dealt with 18 compliance review cases since 2000. and the AM.29 Figure 2: ADB's Problem Solving and Compliance Framework Note: The figure does not correspond to the actual proportion of issues dealt with by the different mechanisms. there may be more knowledge about the AM and more complaints. w ith better outreach and greater awareness. . operations departments. a bottom-up. Further. First. for example. In STDP. CRP = Compliance Review Panel. The consultation process suggests various reasons for the relatively low compliance review requests at ADB. 29 The offsetting factor is that the causes may increase with the expanding size of the portfolio.
There is a need to revisit the rationale for starting with the problem solving 30 ADB. Indeed. Ensuring compliance with ADB policies and procedures is a key responsibility of operations departments. Local solutions are faster. Thus all efforts have been made to prevent problems. after a complaint was filed to OSPF. These actions took place without a formal compliance review process. Dialogues finally resulted in the Government compensating affected families and preparing resettlement plans approved by ADB. cheaper. These components were only resumed after the problems were fully addressed. ADB proposed that the Government of Philippines take measures to comply with the new ADB resettlement policy. and early compliance are beneficial for affected people. In addition to the EAs and IAs. ADB. Although the complainants can easily exit the consultation phase and file for compliance review after their initial contact with OSPF. As a remedy. 58. 31 ADB. Manila. ADB suspended disbursements for the road improvement component. and ADB.16 57. the Sixth Road Project 30 in the Philippines faced major land acquisition and resettlement problems arising from design deficiencies. It was confirmed during later project review and PCR missions that all affected families had achieved similar or better living conditions after resettlement arising from the Project. The time consuming procedures involved with the AM may deter potential complainants from using it. In recent years. The third reason may be the current requirement that affected people first need to start from the consultation stage. Problem prevention. Operations departments' role as the first instance problem-solving and compliance mechanism should be fully recognized within the AM Framework . 60. This was not acceptable to the Government. Thus the complaints to SPF and CRP should only occur as exceptions. Similarly. 59. problem solving. For example. 21-22). The multiple layer structure helps to optimize the use of scarce resources of affected people. the consultation suggests that a particular strength of the ADB system is its continuum of problem solving bodies. and solve them early on. . the DMC. including addressing concerns of project-affected people on a daily basis. Report and Recommendation of the President to the Board of Directors: Proposed Loan and Technical Assistance Grant (JSF) to the Philippines for the Sixth Road Project. ADB suspended some civil works' components under the Pakistan National Highway Development Sector Investment Project 31 due to delays in compensation payments and construction of an under path tunnel. 61. before they can file a request for compliance review. The ADB system is in conformity with this principle. In July 2003. and the adoption of new safeguard policies after the loan became effective. operations departments deal with implementation issues. Bank staff and EAs have become more familiar with the safeguard policies. Report and Recommendation of the President to the Board of Directors: Proposed Multitranche Financing Facility and Proposed Loan to Pakistan for the National Highway Development Sector Investment Program. Over time. The second factor behind the relatively low requests for compliance review is limited awareness and accessibility (see paras. 1996. Research on AM points to the need for multiple mechanisms within an institution to address the concerns of project-affected people. Dealing with the consultation and compliance review processes requires a considerable amount of staff time and resources. Numerous training sessions on safeguards have been held in ADB and DMCs. Manila. and more conscious of preventing problems. Sometimes. all regional departments have set up dedicated safeguard units to solve problems and ensure early compliance. some argue that this requirement may have diverted attention from compliance review. drastic measures are taken. and. and DMCs. and incur lower transaction costs than AM options. 1996.
The World Bank's Management makes recommendations to the Board for remedial measures on the basis of the panel's findings. and to monitor the implementation of the recommendations. Problem Solving. The AM policy provides three mandates for the CRP: to conduct compliance review. but they can exit the consultation phase and proceed to compliance review at pre-defined stages. there is a perception that the CRP is a higher level appeal body which is contrary to the intention of the 2003 policy. especially NGOs. Recommendations by nature touch upon project design and implementation. ADB needs to consider enabling complainants' direct access to the compliance review phase. . It only passes judgment on the World Bank's noncompliance and its related harm. and monitoring of. to recommend remedial actions. 66. parallel processes suffer from many procedural and practical problems. Because of this blurred boundary. this also blurs the boundary between compliance review and project administration. this requirement has prolonged the process for people who wanted to access compliance review in the first place. It has generated the perception that the limited recourse to compliance review was due to this requirement. complainants are required to start with the consultation phase. some stakeholders. and Project Administration. and clarifying the mandate and relationship between problem solving and compliance review.C. Washington. First. Clarity of Mandate 62. The 2003 AM recognizes that ADB is not in a position to undertake parallel problem solving and compliance review from the onset. which may not necessarily result in a satisfactory resolution of the complainants' problems. Second. First. The two sets of investigations may interfere with each other. and that ADB discuss with the Government of Pakistan arrangements to ensure long term funding (at least for five years) to implement an environmental management plan. and demand much time and resources from both the ADB and affected people. The mandate of the CRP to make recommendations creates two problems. AM policy adopted this sequence to address the urgent claims of direct. The requirement to start with consultation has generated two problems. The provision of options to exit the consultation was to ensure the complainants have freedom to choose between consultation and compliance review.32 The Inspection Panel does not make any recommendations about remedial measures to the Board. the Inspection Panel recommended extending the project closing date by several years. The Inspection Panel also recommended that ADB put in place adequate human resources "…to ensure a satisfactory level of support for. in the Chashma project. For example. 3. Relationship between Problem Solving and Compliance Review. 64. Relationship between Compliance Review. and run the risk of making both processes ineffective. The mandate to recommend remedial actions after compliance review contrasts with the World Bank's Inspection Panel which is a fact finding body. 63. argue that the OSPF has blocked the access of complainants to the compliance review phase. require different mind sets. Second. 1999. D. the implementation of any resettlement plans. 65. material harm before addressing the question of compliance. this blurs the boundaries between compliance review and problem solving. environmental management plans or other 32 World Bank. Indeed. Clarification of the Board's Second Review of the Inspection Panel. It is believed that project-affected people are more interested in having their complaints addressed first rather than focusing on the establishment of ADB's noncompliance with its policies.17 first. Under the current AM policy.
measures required under ADB's safeguard policies." In its annual monitoring report,33 the CRP stated that it did not have the institutional knowledge to make a judgment on this issue and that this issue would have been better left for Management. Further, remedial actions must be agreed by the borrower who has the principal responsibility for implementing the actions. It is beyond the mandate of the compliance review to discuss and negotiate actions with the borrower. On the other hand, any recommendations without the borrower's agreement would not be meaningful. 4. Accountability Mechanism as an Integral Part of ADB's Quality Assurance Mechanisms
67. The design of the AM recognizes that ADB already has in place several well-developed supervision, audit, evaluation, and learning systems. The AM augments the Bank's existing system by providing a demand driven mechanism for project-affected people to resolve problems and for ADB to address noncompliance that has caused, or is likely to cause, direct and material harm. 68. The AM fully reflects ADB's philosophy that problem prevention and early compliance should be used to the maximum. During project design, ADB has an established system of carrying out due diligence on multiple fronts, for example, technical, financial, economic, safeguards, and governance. In addition, Management Review Meetings and Staff Review Meetings review the proposed projects, with respect to both the project's merit and its conformity with Bank policies and procedures. The Regional and Sustainable Development Department (RSDD), which includes a Chief Compliance Officer, reviews the safeguards and social aspects of all proposed projects. A project can only be submitted to the Board after the CCO's clearance. The Office of Risk Management is responsible for the overall management of ADB's credit, market, and operational risks. The Board itself reviews each proposed project on the basis of a Report and Recommendation of the President. During implementation, multiple supervision, audit, and evaluation systems are in place. COSO focuses on procurement issues. The Office of the Auditor General regularly audits the Bank's financial, administrative, projectrelated and other activities, and information systems. The Office of Anticorruption and Integrity deals with alleged fraud and corruption in ADB-financed activities. The Administrative Tribunal is an external mechanism to review personnel decisions by Management. During and post project implementation, IED selectively conducts performance evaluation of completed ADB-financed projects, impact evaluations, and special evaluation studies which include completed as well as ongoing projects. There are various Board committees on oversights, for example, Audit, Budget, Human Resources, Compliance Review, Development Effectiveness and Ethics. All these mechanisms are designed to ensure that the Bank's operations are conducted in accordance with approved operational policies and guidelines and that accountability is mainstreamed across all bank activities. Where system failure does occur, the Bank's philosophy is to respond promptly and effectively to mitigate problems when they arise. The AM has a distinctive and important role by responding to the demand of project affected people and dealing with real issues occur during implementation. For this reason, a salient feature of all the AMs is that they only intervene when project-affected people file a request. This is different from an auditing function which proactively undertakes random
ADB Accountability Mechanism Compliance Review Panel. 2010. Annual Monitoring Report to the Board of Directors 2008–2009 on the Implementation of Remedial Actions for the Chashma Right Bank Irrigation Project (Stage III) in Pakistan. Manila.
checking. For this reason, all MDB AMs require the establishment of a causal link between material damage and the MDB's noncompliance with its policies and procedures.34 70. To ensure lessons learned even without alleged harm, various departments such as IED and RSDD, also review compliance with ADB policies during and after project implementation even without alleged harm. These reviews examine compliance, and analyze why there are noncompliance issues, including whether the policies themselves are sound in the first place. While the CRP review is demand driven, the IED and RSDD reviews are driven by ADB's own initiatives, as well as demand by stakeholders. For example, IED undertakes evaluation activities to help the Board of Directors, ADB Management, and decision makers in DMCs to know whether resources have been well spent, and whether the planned outcomes have been achieved. IED's evaluations cover all aspects of ADB operations, including the policies, strategies, practices, and procedures. These evaluations emphasize effective feedback on performance and use of lessons identified to improve the development effectiveness of ADB operations and to enhance their contribution to the development of DMCs. It would be unnecessary and undesirable to duplicate the activities of these existing mechanisms. Clarifying this relationship helps to retain the AM as a focused mechanism for project-affected people, and from there, for ADB's development effectiveness. 5. Site Visits
71. A site visit by the CRP is not possible if the borrowing country declines a CRP request for such a visit. To ensure that site visits can always take place, some stakeholders voiced the strong preference that site visits should be made mandatory through a clause in the loan agreement. They argue that a borrowing country's refusal to allow CRP site visits undermines the credibility and effectiveness of the AM. Others argue that there is no basis for ADB to insist on mandatory site visits, as the compliance review process is about ADB's compliance with its own policies and procedures, not about a borrower's breach of any obligations, and the borrower has every right to turn down a site visit. They stress that a mandatory requirement would be a serious infringement of a DMC's sovereignty, and that there are many legal and practical difficulties in enforcing mandatory site visits. 72. The uncertainty and other issues over site visits have caused controversy, divided opinion both within and outside ADB, and created reputational risks to ADB, CRP, and DMCs. Drawing from the experience of ADB and other MDBs, ADB needs to work out a sound approach to effectively address issues surrounding site visits. 6. Learning Lessons
73. One main motivation of establishing AMs within MDBs was that the feedback from the complaints would act as a rich resource for learning lessons for staff, Management, and the Board. Indeed, AM has contributed to learning lessons by ADB as well as DMCs. The findings of both OSPF and OCRP are widely disseminated through the ADB website. 74. One particular strength of the 2003 policy is its emphasis of the role of OSPF in improving and strengthening the internal problem-solving function of the operations departments, OSPF help to identify best practices for setting up and running grievance redress
The Second Review of the World Bank Inspection Panel in 1999 reconfirmed the essentiality of this requirement. The World Bank Resolution downplayed the panel's role in checking compliance with operational policies', while emphasizing its role in linking actual or potential harm to local populations and due to the noncompliance.
mechanisms in complex and sensitive projects. For example, based on the lessons learned from the STDP, OSPF developed a guide for designing and implementing grievance mechanisms for road projects. Research conducted by the Centre for Poverty Analysis found that STDP had made remarkable progress in addressing grievances. Accessibility for affected persons had been improved by increasing the number of grievance redress committees and locating them at the divisional instead of the district level. Affected persons' perceptions of the grievance mechanisms were positively influenced by having been treated respectfully and having received higher compensation. OSPF has also developed guidelines for establishing and implementing grievance redress mechanisms in various DMCs. These OSPF knowledge products provide useful resources for learning from and improving ADB operations. To facilitate learning, the OCRP established a platform through the internet for people working on different AMs to exchange views. 35 It has also established a system to track the implementation of remedial actions. In Sri Lanka, implementation of the ADB safeguard policy in STDP led to the establishment of government safeguard and grievance redress systems, and the AM enhanced the implementation of these systems. As a part of the enhanced learning and dissemination efforts, both the OSFP and OCRP have started to provide regular training to staff and undertake increased outreach in DMCs. 75. As ADB grows as a development institution, and those using the mechanism gather increasing experience, the AM has been increasing seen by staff, Management, and the Board as a tool for ADB to positively respond to public scrutiny, and learn how it can do better. However, the feeling that the compliance review is adversarial still exists. There needs to be more interactions and sharing of information between the OSPF, CRP, and the staff and Management for constructive dialogues and learning. Further positive interactions will contribute to a cultural change from considering the compliance review as adversarial to one which is a positive instrument for learning and development. 7. Outcomes of Consultation and Compliance Review
76. The Consultation Phase. Of the 11 eligible complaints received by OSPF, 5 are fully or partially resolved, 4 are still ongoing; 1 was not resolved, and 1 was withdrawn. Both the unresolved and withdrawn complaints were submitted to CRP.36 For the ineligible complaints, OSPF informs complainants how to pursue their grievances through the operations departments. Communications with the operations departments indicates that many of the issues were resolved after proper contacts were made. This reflects an aspect of OSPF operations that is not readily apparent, but is nonetheless significant. OSPF has assumed an informal role in connecting affected persons with the appropriate ADB staff. The increase in the number of complaints since 2009 suggests a growing awareness that the AM provides recourse in case of problems. In all the cases, OSPF informed the affected persons that they can come back to OSPF if they are still dissatisfied after working with the operations departments. When a complaint is found ineligible, OSPF also informs the complainants that they have the option to submit a request to the CRP. The consultation phase thus provides a useful channel to address the problems of affected people; and link them with operations departments and the CRP. A summary of the consultation processes and results on eligible complaints is included in Appendix 4.
ADB. 2009. Piloting of a Community of Practice for Independent Accountability Mechanisms (Research and Development). Manila (approved for $150,000). The net work is available on http://iamnet .adb.org. 36 The case withdrawn was Melamchi Water Supply Project. It was submitted to CRP which found the case ineligible. The unresolved case is related to the Fuzhou Environmental improve case which was also submitted to CRP.
17 were fully complied with and only 2 were in partial compliance. and effectiveness. The AM has facilitated learning in ADB and by DMCs. participation. CRP found that by 2009. with appropriate consideration of confidentiality. as outlined below. its work was later appreciated when CRP was perceived as balanced. 37 ADB Accountability Mechanism Compliance Review Panel. The ADB AM stands out as a pioneer in instituting problem solving in the AM for both the public and private sector operations. Manila. The AM enjoys a high degree of transparency. (iii) (iv) (v) (vi) (vii) 79. and delivered effective outcomes. . While the CRP was initially viewed as adversarial. Both the consultation and compliance review phases have been relevant. Annual Monitoring Report to the Board of Directors from 1 March 2009 to 14 May 2010 on the Implementation of Remedial Actions for the Southern Transport Development Project in Sri Lanka. The problem solving function enables the projectaffected people to actively participate in decision-making. Summary 78. Appendix 5 includes a summary of processes and results of the requests dealt with by CRP. Site visits by the CRP may be controversial. The implementation of recommendations on both of these projects is satisfactory. made sufficient progress on the 4 partially complied with recommendations. Using a project's PCR as the cut-off date for filing complaints lacks certainty and clarity. ADB had fulfilled 24 of the 29 Boardapproved recommendations. (i) (ii) (iii) (iv) (v) Affected people do not have direct access to the compliance review phase. The AM has various strengths: (i) (ii) The positive approach of focusing on problem solving has enriched the AM and especially benefited project-affected people. Consultation in Sri Lanka indicates that the CRP's work helped to address the problems faced by the people. There need to be a single point of entry for project-affected people in filing complaints. CRP has reviewed the compliance review on STDP and monitored the implementation of the Inspection Panels' recommendations on the Chashma Right Bank Irrigation Project (Stage III). Since 2004. CRP undertook the compliance review on STDP in 2005. and has monitored its implementation since then. and is important in facilitating Government improvement of its own systems. rather than just being recipients of results from inspections. The monitoring mandates of the OSPF and CRP enhance the AM's credibility. 2010. The reporting of the OSPF to the President and the CRP to the Board are well suited for their mandates and needs. The Compliance Review Phase. ADB can further strengthen the AM in several areas. On the Chashma Right Bank Irrigation Project (Stage III). Systematic public disclosures have contributed to a high degree of transparency. and 1 recommendation was superseded by events so compliance could not be achieved. E.21 77. The independence of the CRP can be enhanced. credibility. and ensure a sound balance between independence and effectiveness. The CRP concludes in its Fourth Annual Monitoring Report37 that of the 19 recommendations. The AM is participatory.
V. virtually no MDB AMs undertake parallel processes. Problem solving aims to reach consensus. Option II. 80. This approach encompasses simultaneous pursuits of problem solving and compliance review. thus rendering that facilitation ineffective (OSPF Annual Report 2005. The AM's value as a learning function should be strengthened.22 (vi) (vii) (viii) (ix) (x) The boundaries between compliance review and problem solving. 83. The parallel processes can be confusing and complex. weaknesses. may exit this phase and proceed to the compliance review phase at any time. Parallel Processes. but they. The awareness of the AM is still limited. Appendix 6 summarizes the AM's strengths. maintaining this approach will prolong the existing perception problems. while compliance review is to identify ADB's noncompliance with ADB operational polices. and cause delays for people who want to directly request a compliance review. participation. and the DMC. The AM is the one of the most costly mechanisms per case among similar institutions. the CRP will review the situation and make a . However. It will encounter significant procedural and practical problems. 85. Option III. It can also be costly and inefficient for requesters. It is suitable for most complaints based on experience since 2003. the requesters lost interest in the facilitation that had been ongoing under OSPF. Simultaneously pursing both problem solving and compliance review is also inconsistent with experience since 2003 which indicates that most requests are related to specific problems. A. Enabling Direct Access to the Compliance Review Phase 82. This approach focuses on addressing the problems of project-affected people as the first priority. Option I: Status Quo. and potential areas for improvements following the ACEE framework. requesters must start with the consultation phase first. The decision is communicated to the requesters and unless the requesters prefer a different course of action or unless there is a clear need for an immediate compliance review by CRP. At the conclusion or termination of the consultation. there will be an immediate launch of the consultation process while CRP can begin to plan for a possible compliance review at the end of the consultation phase. and compensations rates. when the parallel process with CRP was initiated. ADB. The AM processes can be simplified. Under this approach. which indicates that most concerns involved specific problems of consultation. Problem solving and compliance review require different mindsets and approaches. This approach foresees a joint review of the request by the SPF and CRP and a joint structuring of the most effective and efficient course of action. MAJOR PROPOSED OPTIONS AND CHANGES 81. For these reasons. In the case of STDP. and between compliance review and project management are not sufficiently clear. Several options have been considered to address the perception and actual problems relating to the current policy requirement that project affected people must first start with the consultation phase. information sharing. Joint Decisions by the SPF and CRP. 84. This section outlines the major options and recommendations that the Working Group is considering. Foreword).
This approach provides the requesters with the choice of direct access to either consultation or the compliance review phase. However. the Complaint Receiving Officer (CRO) should serve as a first contact point for project-affected people. It is consistent with the AM mandate as a demand-driven mechanism. Requesters can exit either the consultation or compliance review phase at any time. and (iii) linking harm with the noncompliance.23 judgment on (i) whether compliance issues still remain. This aspect is especially important as information on the complaint may be limited at the initial stage and decisions may need to be changed after new information becomes available. A basic information pack and a template should also be developed to facilitate informed decisions by requesters. and DMC have incurred costs in carrying out the process. when the compliance review phase is completed. The AM is not an auditing function. However. It also allows the requesters to review and reconsider their decisions. 87. The AM should be driven by the demands of the project-affected people. and the operations departments (or other relevant departments or offices). The CRO will forward the requests to SPF. requesters can only exit the compliance review phase if the CRP finds the requester ineligible. The advantages of this approach are that it (i) utilizes the expertise of CRP and SPF right from the entry stages of a request. The supply driven approach will duplicate the auditing and supervision mechanisms already in place. Due to limited information. Under this approach. Partial Choices for Requesters. It should provide direct access to compliance review for projectaffected people. this approach is driven by the SPF and CRP. They can exit the consultation phase at any time. CRP's proactive approach is inconsistent with the AM mandate and will potentially create a conflict of interest. Option V. Under this approach. B. The approach is participatory and is simple to implement. the strengths of this approach outweigh its weaknesses. . Compliance review is focused on (i) ascertaining noncompliance. ADB. 88. while project-affected people are given very limited choice. This approach allows the requesters to choose whether they want to start with the consultation or the compliance review phase. requesters will decide which phase they want to start first. Furthermore. and should not be abandoned once it is started. CRP. it does not allow requesters to exit the compliance review when the process is ongoing. and (ii) whether the issues are serious enough to warrant a compliance review. This approach is recommended after careful consideration of the four other alternative approaches. However. This focal point. and (iii) enables CRP to plan and implement inspections within a shorter and more efficient time horizon. (ii) ensures transparency within and outside the AM. or in cases where the requester is eligible. Full Choices for Requesters. The ongoing process they are in will be terminated if the requesters exit. according to the preferences of the requesters and nature of the problem. To enable easy access for requesters. The drawback of this approach is that the consultation or compliance review may be terminated during the process and after the requesters. All these aspects must coexist. ADB should establish a single point of entry to receive all requests. The rationale for this restriction is that compliance review is a formal process which is costly. However. they will have limited opportunity to review their decisions if they have started with the compliance review first. Establishing a Single Point of Entry 89. 86. a requester may not have sufficient information about which phase it should start with. The merit of this approach is that it empowers the requesters to make a choice. (ii) ascertaining alleged harm. Option IV.
It also represents the antithesis of the spirit of the Paris Declaration and the Accra Agenda with their emphasis on partnership between donor and recipient institutions. Having the CRO in the OCRP will provide it with a higher degree of independence compared to placing it within OSPF or other departments. Site Visits 92.. this penalty does not solve the problems faced by complainants. The current approach in determining the cut-off date based on the PCR lacks clarity and certainty. It states that "a sensible approach is to enable site visits to take place in consultation with the borrowing country . One option that has been considered is to extend the cut-off date for filing requests sometime beyond the issuance of the PCR. Option II: Mandatory Site Visits. The CRO should be placed in OCRP. without affecting their independence and effectiveness. would be preferable to the heavy-handed approach of including conditions in the loan agreement" (para. 93. the lender. and yet can put the entire project at risk. .. However. Issues on site visits are sensitive and important. The advantage of this approach is that it clearly prescribes accepting site visits as an obligation of borrowing countries. While the policy is clear on the principle of requiring the borrowing country's consent. Option I: Status Quo. Mandatory site visits will not be enforceable if such visas cannot be obtained. 56). Mandatory visits have been seen as infringing upon national sovereignty. .. the CRP is responsible for obtaining the consent. no MDB AM policies prescribe mandatory site visits. under an operating assumption that such consent would be routinely given. Moreover. loan closing date information is readily available to the public. In practice. it is silent on the process and responsibility for obtaining the consent from a borrowing country. and contradict ADB's established principles and practices of working in partnership with DMCs. and may in fact intensify the existing problems. While ADB has the option of suspending or canceling loans when a borrower is in breach of the loan covenants. The combination of (i) requiring borrowing countries' consent. Using the loan closing date provides more clarity and certainly. C. For all these reasons. Clarifying the Cut-Off Date 91. extending the date using the PCR as a basis will not address this problem. seeking prior consent of the borrowing country. 94. D. This option will thus not resolve the issue. may weaken the dedicated support required by both SPF and CRP for their distinct functions. This option involves inserting a mandatory site visit provision into loan agreements.24 90. With or without a loan agreement clause. this approach faces numerous practical and legal problems. It is also more efficient than setting up a new office which would incur additional administrative costs.. The CRO will support the existing functions of the SPF and CRP. However. Further. as the issuance of the PCR itself is uncertain. cancelation of loans due to a borrowing country's rejection of site visits suffers from a major conceptual weakness: it penalizes the borrower when the objective of compliance review is to investigate the noncompliance of ADB. A better option is to use the loan closing date as the bench mark. The Working Group has considered several options to address these issues. The existing policy arrangement for site visits is set out in paragraphs 55 and 56 of the policy. The alternative of combining the OSPF and OCRP. not the DMC as the borrower. The cut-off date for filing requests can be one year after the loan closing date. missions to a DMC usually require visas. and (ii) placing the responsibility for acquiring the consent on the CRP has not worked in all cases. The approach can in theory remove the uncertainty. 95.
DMCs. The communication channel 38 The World Bank's Inspection Panel has received 70 complaints since 1994. (i) Alignment with common interests. The CRP should also proactively seek the assistance of the executive director of the borrowing country concerned. Option III: A Collaborative Approach. The Inspection Panel's site visits and many meetings are arranged by the World Bank's country offices. In addition. (iii) (iv) Conducive to conflict resolution. and independent verification of facts and alleged policy violations‖ (para. 38 This collaborative approach has worked well in other MDB AMs. site visits of the CRP will be dealt with using the same principles and practices applying to all ADB missions without recourse to legal provisions.25 96. and CRP to ensure the smooth functioning of the AM. Virtually all missions are accepted by DMCs. Relationship management is one of the core elements of ADB Management and staff's engagement with borrowing member countries. Consistent with other MDB approaches. and leverage their relationship with borrowing countries in arranging mission clearance and smooth conduct of site visits. . the importance of compliance with ADB's safeguard policies has been highlighted. effective. and concerted effort with borrowing countries. This asset should be leveraged to enable the CRP to conduct site visits. In the few cases where there was reluctance by DMCs for staff or Management missions' proposals. This is an obligation of Management which would entail meaningful. No MDBs AMs have mandatory site visits. there have been no refusals by countries since then. 97. since the adoption of the SPS in 2009. Management and staff will facilitate. (ii) Consistence with ADB evidence. effective communications have always been able to solve problems. the assumption of the previous policy that site visits would be granted routinely should be maintained. These common interests lay a foundation for a collaborative approach. Under this collaborative arrangement. assist. ADB staff undertake a large number of missions each year. This is also applicable to visits by OSPF. It addresses relationship and behavioral issues in the current approach that have arisen in part due to a lack of clear definition of responsibility and ways of seeking borrower's consent in the current policy. yet virtually no MDB AMs have encountered difficulties in arranging site visits. This extensive goodwill asset is used by staff in obtaining mission clearances. It is in the mutual interests of ADB. While it faced country opposition to one of its site visits in the late 1990s. This new approach is aimed at enhancing effective communication between ADB and DMCs. and one of their key responsibilities is managing country relations. This approach is also necessary because civil society's expectations about the comprehensiveness of the recourse mechanisms of international financial institutions have increased since the adoption of the policy in 2003. While there may be some differences on the evidence in CRP cases. stakeholder participation. It is based on positive experience in conducting missions by ADB Management and staff. Under this approach. This highlights the effectiveness of a collaborative approach. This approach enables site visits to be discussed and misunderstandings clarified when disagreements arise. The position of the 2003 policy that ―site visits are essential for the effectiveness of compliance review. it is important to recognize why it is relatively convenient for ADB to field missions in borrowing countries as against site visits for compliance review. 55) is probably more widely held by them than it was in 2003. In view of these developments. Resident missions are the particular focus of this engagement. The merits of this option are outlined below.
The CRP. when a borrowing country declines a CRP request for a site visit. and the Board representative of the borrowing country will seek the assistance of country departments/resident missions of the ADB to facilitate their visits to the countries where the compliance review is taking place. This point should be continuously stressed. The AM policy emphasizes that the CRP is to review ADB's noncompliance with ADB operational policies and procedures. rather than solving them. 99. It will develop its views in light of the comments received to date and from further consultations. the DMC may be implicated in the compliance review. the borrowers implement the projects. Enhancing the Independence and Effectiveness of Compliance Review 101. it may not eliminate all their concerns. CRP. leaving no room for further discussions (v) Sensitive to DMC concerns. Under this approach. CRP will engage a third party to conduct the site visit. Option IV: Site Visits by BCRC. This approach may have a higher likelihood of acceptance by the borrowing country. The perception that it is the government's failure to comply with the policies of ADB that they have agreed to cannot be entirely removed. the government may also have concerns about the delays and other costs brought about by the review. The disadvantage is that CRP is already a third party. the work planning and budgeting process should be strengthened. departing from the current practice of their appointment by the Board upon the President's recommendation. While the Working Group is attracted to Option III. Engaging a third party for a third party may be circumventing or even compromising the issues. However. The Working Group is considering all the above options and their variations thereof. Governments may also be concerned that loans may be suspended or cancelled following the CRP review. After a project is approved. Option V: Third Party Site Visits. it will consider how this option could respond to situations where a site visit is still refused. First. However. The reality is that ADB does not implement projects. 98. The Chair of the CRP should be responsible for preparing a combined CRP and OCRP annual work plan and . Furthermore. E. Second. An approach that consists of a one-off interaction and does not allow for more intensive communication is not likely to be successful. The advantage of this approach is that it provides a channel to address the problem and reach mutual agreement between the CRP and the borrower. Second. 100. Independence. Doing so will help to gain DMC acceptance on compliance review. elevating the problems to the Board may intensify the problems. ADB's responsibility is to ensure that the borrower implements the project in compliance with the relevant ADB policies and procedures. and Borrowing Country Board Members. Several changes drawing from the IED model are proposed to improve the independence of the CRP. it potentially places the BCRC and borrowing country board members in a conflict of interest situation. a BCRC member. the site visit will be undertaken by a team consisting of a CRP member. the CRP members should be appointed by the Board based on the recommendation of the BCRC in consultation with the President. the BCRC. Regular and frequent communications are required to work with the borrower to gain their acceptance of CRP site visits. Under this approach.26 will be blocked if a collaborative approach is not employed. First. The major DMC concerns involve two aspects. and the Board member representing the borrowing country. A hardened approach will lead to hardened positions and an impasse.
To clearly define the relationships between compliance review. the Management will develop measures and/or an action plan agreed by the borrower. and approved by the Board. such as meetings. problem solving. 106. the OSPF and CRP should continue to fully share their information and analysis with each other concerning the request. 103. local communities expressed their desire for problems to be solved locally to expedite the process. To enhance accountability. and operations department levels to improve efficiency and reduce transaction costs. During in-country consultations in 2010. The borrowing country should be informed about a request before its eligibility is determined. However. There should be increased scope for problem solving by operations departments and local grievance redress mechanisms. the CRP should also seek to engage DMC governments and other stakeholders concerned throughout the review process. and telephone calls. Such recommendations and/or action plan will be approved by the Board. the BCRC should provide written annual performance feedback to all the CRP members. Streamlining Processes 105. The consultation process currently requires complainants to provide written comments on the OSPF review and assessment reports. The AM should provide the opportunity for Management to respond before the eligibility of a request for compliance review is determined. the OSPF and CRP will determine independently how to use the information and analysis. While the OSPF should inform the President about the complaints and results. Consistent with the partnership principle. Reflecting this.27 budget. The CRP Chair's input should be taken into consideration in the BCRC's feedback to the other two CRP members. project. reviewed by the Board Budget Committee. After receiving the CRP findings. 102. The CRP should monitor the implementation of the recommendations and/or action plan. The SPF and CRP should explore all ways to fully utilize problem solving and compliance capacity at the country. it is desirable that the compliance review is clearly fact finding in nature. These should be endorsed by BCRC. discussions. The SPF should decide on the degree and manner of its engagement on a case by case basis. fully or partially delegate the problem solving to the concerned operations department if it considers that this will improve the efficiency and effectiveness of problem solving. Effectiveness. and it should have an opportunity to respond to the draft CRP report. Experience shows that this is a burden to complainants and delays the processes and should be made an optional based on the preference of complainants. The AM processes should be simplified and clarified. The complainants' feedback can be obtained through more user-friendly and faster means. It should focus on ascertaining the alleged direct and material harm and whether such harm is due to ADB's failure to comply with its operational policies and procedures. 107. at any stage. and to ensure that the AM is focused and effectively complements existing project management systems. OSPF can. F. and project administration. the current requirement that the OSPF consult with the President on the procedural steps is not necessary. Improving Efficiency 1. To reduce duplication. . 104.
the ―consultation phase‖ should be renamed the ―problem solving function‖. Each resident mission should have a grievance redress focal person. Currently. involving local communities. The OCRP has two international staff members and three administrative/national staff members in addition to the three CRP members. and undertake other related tasks (para. and NGOs. to maintain and operate the AM. The SPF and CRP should adopt a more flexible monitoring time frame tailored to each specific project. However. Third. The basic structure for both the OSPF and OCRP can be one international staff member and two administrative/national staff members. This could be satisfied for example by staff consultants and contractual staff. In practice. second. the Chair.regardless of the number of complaints. either part time or full time. instead of being adversarial. Improving Cost Effectiveness 109. 2. working with resident mission staff. offices. Improving awareness is a key factor in enhancing the effectiveness of the AM. The AM should be operated and viewed as a tool for learning and development effectiveness. it is proposed that both the cases received by OSPF and CRP be referred to as ‗requests' and the people asking for these processes be referred to as ‗requesters'. consultations undertaken as a part of this review indicate there is no significant risk in this regard. Given the demand-driven nature of the AM. CRP has been working either full time or part time over the past seven years. 97). The reason the 2003 policy adopted the term ‗consultation' was because of the concern that using the term ―problem solving‖ would raise the expectation that all problems would be solved by OSPF. First. working with project teams for grievance handling and AM outreach. Improving Awareness and Enhancing Learning 110. and other facilities to maintain and operate the AM. G. . in addition to the SPF and three CRP members. Second. third. The 2003 policy provided that the CRP Chair is ―to work fulltime for a minimum of 1 year‖ to organize OCRP. This will include the basic number of staff. undertaking targeted outreach for government project teams. The revised AM policy will retain this flexibility. The SPF monitoring should generally not exceed two years and the CRP monitoring should generally not exceed three years. Prior to each appointment of a new CRP Chair. the AM costs can conceptually be separated into two parts: (i) a ‗fixed cost39'. To ensure simplicity and distinguish these issues from general complaints that can be raised with any part of ADB. The AM should also adjust some terms to sharpen and clarify the AM messages. 39 The term fixed cost in this paper refers to the resources required to support the basic structure of the AM regardless of the number of requests. The joint OSPF and OCRP outreach strategies should support three different kinds of activities: first. as the requesters will have choices to request either problem solving or compliance review. and (ii) a ‗variable cost' based on demand and workload. prepare the operating and administrative procedures. the 2003 policy refers to cases received by the OSPF as ‗complaints' while those received by the CRP are referred to as ‗requests'. the term ‗phase' which implying a sequential approach will be replaced with the term ‗function'. Operational staff should be the major conduit for disseminating information about the AM.28 108. improving the awareness of ADB staff. the BCRC will review the need for the Chair to work on a full-time or part-time basis and make a recommendation to the Board accordingly. and undertaking regular dissemination programs in DMCs. governments. 111. the OSPF has one international staff and two administrative/national staff members in additional to the SPF. Using the term ―problem solving‖ would more accurately reflect the nature and objective of this function. The variable costs are related to the resources required to respond to fluctuating demand.
audit. the Management. All the requests processed by the SPF and CRP should be tracked to enhance learning. and complementary to the other supervision. B. efficient. 117. The OSPF and OCRP should continue their training and workshops for staff. 113. (iii) reflect the highest professional and technical standards in its staffing and operations. Experiences since 2003 reinforce the need for a clear demarcation between problem solving and compliance review functions. Interactions between the AM. and (v) be cost-effective. and to file requests for compliance reviews of alleged noncompliance with ADB's operational policies and procedures that causes them direct and material harm. The Structure 118. The AM annual report should include insights from IED and RSDD (Chief Compliance Officer) on AM related issues. and staff will accelerate the application of lessons learned. IED. The insights gained from this analysis would be useful for training and sensitizing the project teams on where the incidence of requests is the highest. OSPF and CRP currently produce separate annual reports. OCRP. THE REVISED ACCOUNTABILITY MECHANISM POLICY 115. A. who will respond to specific problems of . and RSDD. quality control. and facilitate a cultural change to operate and view the AM as a positive tool for learning lessons. One of the sessions can be combined with the joint dissemination of the AM annual report by OSPF. providing systematic analysis of the requests received every year. The OSPF and OCRP should provide regular briefing sessions to the BCRC (for example. This should provide a rich source of information for analyzing trends. This section presents the proposed revised AM policy. The objectives of the AM are to provide an independent and effective forum for people adversely affected by ADB-assisted projects to voice their concerns and seek solutions to their problems. and evaluation systems already existing at ADB. and RSDD. The AM is designed to (i) enhance ADB's development effectiveness and project quality. and nature of problems. VI. (iv) be as independent and transparent as possible. The OSPF and OCRP websites should be better integrated under a common AM framework. Common patterns and lessons derived from the AM would shed light on project design and implementation. The AM annual report should contain an analysis of key issues to emerge and lessons learned.29 112. namely. patterns. To promote synergy. The revised AM will continue these dual functions. frequency. The OSPF and OCRP should also actively distill lessons from their operations. (ii) be responsive to the concerns of project-affected people and be fair to all stakeholders. The tracking should be extended to those requests that are forwarded to the operations departments. 114. It uses the 2003 policy as a basis and incorporates the recommendations outlined in Section V and other changes. quarterly). A collaborative effort between these departments in drawing up the lessons learned and insights gained would enrich the AM and guide staff in designing new projects of a similar nature. Objectives and Guiding Principles 116. The AM annual report should also be jointly presented to Management by OSPF. a common AM annual report should be produced. the Board. (i) the problem solving function led by the SPF. These interactions will benefit ADB in avoiding the recurrence of common problems. OCRP. IED.
1. Any additional human and financial resources. The assessment of AM suggests the need to distinguish the fixed costs for supporting the basic operation of the AM and variable costs to respond to demand and workload. The SPF must disclose to all stakeholders immediately upon learning that he/she has a personal interest or significant prior involvement in the matter. The allocation of human and financial resources for the AM will reflect this consideration to ensure efficiency in using resources and responsiveness to project-affected people. The OSPF is an office headed by the SPF. BPMSD will handle the administrative processes according to ADB guidelines. CRP. The SPF must not have worked in any operations departments for at least five years prior to the appointment. and (iv) knowledge of and experience with the operations of ADB or comparable institutions. The working planning and budgeting of OSPF will be the same as other ADB departments. and to provide an easy access one stop entry point for project-affected people. if required. The OSPF may engage technical experts as consultants in accordance with ADB's Guidelines on the Use of Consultants and other arrangements satisfactory to ADB. and is appointed by the President after consultation with the Board. The term of the SPF is three years. To preserve the distinct functions of the problem solving and compliance review. The SPF is a special appointee at the level equivalent to a director general. (ii) integrity and independence from the operations departments. Human and Financial Resources 120. the SPF will have access to all ADB staff and Management. except personal information that is typically restricted. In the discharge of his/her function. 123. (iii) exposure to developmental issues and living conditions in developing countries. in direct and material harm to project-affected people. to assist OSPF work. or other departments and offices based on the preference of the requesters and the nature of the problems. and two administrative/national staff members. 122. operations departments. this basic two pronged structure will be complemented by the CRO who will receive all requests and forward them to OSPF. renewable. The basic structure of the OSPF consists of the SPF. . and (ii) the compliance review function undertaken by the CRP which investigates the alleged noncompliance of ADB with its operational policies and procedures that has resulted. and all ADB records that the SPF deems relevant. The performance of the SPF will be evaluated by the President.30 locally affected people in ADB-assisted projects through a range of informal and flexible methods. Sufficient flexibility will be ensured in the work plans and budget to accommodate the demand driven nature of the work of the OSPF. and/or private sector experience. 119. will be approved through the work program and budget framework process. one international staff member. or is likely to result. The CRO will copy the information to all the relevant departments and offices. The Problem Solving Function 121. The selection criteria for the SPF includes (i) the ability to deal thoroughly and fairly with requests. including monitoring activities. The SPF reports directly to the President. C.
and (iv) knowledge of. except personal information that is typically restricted. (ii) integrity and independence from Management. in consultation with the other CRP members. Each panel member will have a five-year. However. as provided by the staff regulations and administrative orders of ADB. alternate directors. The CRP members will be appointed by the Board upon the recommendation of the BCRC in consultation with the President. The feedback of the CRP Chair will be taken into account in the performance feedback on the other two CRP members. The selection criteria for panel members include (i) the ability to deal thoroughly and fairly with the request brought to them. His/her annual salary increase will be the average of the pay increases given to vice presidents. directors' advisors. will provide written annual feedback on their performance. If part time. 125. upon recommendation of the BCRC in consultation with the President. the BCRC will review the need for the Chair to work on a full-time or part-time basis and make a recommendation to the Board for its approval. The Chair. and experience with. These additional resources will be endorsed by the BCRC in consultation with the President and approved by the Board. The OCRP Secretary will be appointed by the President and will report to the Chair. and two administrative/national staff members. staff. Directors. The third panel member will be from a nonregional country. 129. former panel members will be barred from employment at ADB. the Chair of the BCRC. and may involve the use of an executive search firm if the BCRC deem necessary. 127. non-renewable term. Two panel members will be from regional countries. and consultants will be ineligible to serve on the CRP until at least three years have elapsed from their time of employment with ADB. CRP. one of whom will be the chair. and all ADB records that the CRP deems relevant. the CRP members will be remunerated on comparable levels with other AMs and be reimbursed for their expenses. The principle of not banning OCRP staff from transferring to and from other parts of . 130. in accordance with ADB guidelines. In performing its functions. with at least one from a DMC. CRP. except on specific activities where the CRP will report to the BCRC. 126. and/or private sector experience. OCRP staff will be ADB staff and the terms and conditions of their employment will be the same as for other ADB staff. A panel member will be disqualified from participation in a compliance review if he/she has a personal interest or has had significant prior involvement. the CRP will have access to all ADB staff and Management. the Chair. 128. Prior to the appointment of a new Chair. The Compliance Review Function 124. The OCRP will support the CRP. may request additional human and/or financial resources if needed. The search and selection process will be directed by the BCRC. The CRP will report to the Board through the BCRC.31 2. Management. A panel member may be removed in the same way as he/she was appointed. CRP's salary on appointment will be determined by the Board. CRP. CRP. in consultation with other BCRC members. After serving on CRP. BPMSD will handle the administrative processes in relation to the OCRP staff. The CRP will have three members. CRP. the operations of ADB or comparable institutions. The basic structure of OCRP will be one professional staff member to work as the Secretary. The OCRP will be headed by the Chair. If full time. The CRP members will be exempt from the formal annual performance review process. (iii) exposure to developmental issues and living conditions in developing countries. OCRP. on the grounds of inefficiency or misconduct.
Problem Solving 134. and designed ultimately to improve the internal problem-solving functions. consensus-based methods with the consent and participation of all parties concerned using. inform the Board and other stakeholders about the results of specific . 131. D. The OSPF will: (i) (ii) (iii) obtain from the operations departments all materials and analyses relating to the requests. and obligations under the ADB charter and any agreement to which ADB is a party. Sufficient flexibility will be ensured in the work program and budgeting to accommodate the demand driven nature of the work of the CRP and OCRP. CRP will be responsible for preparing the combined annual work program and budget of the CRP and OCRP. and BCRC concerning ADB's legal status.32 ADB is supported by the importance of maintaining the right balance between insiders and outsiders. or engaging in a fact-finding review of the situation. (i) consultative dialogue. BCRC members will be appointed in accordance with the Board's Rules of Procedure. The problem solving function will assist project-affected people with specific problems caused by ADB-assisted projects through informal. (ii) information sharing. CRP may engage technical experts as consultants in accordance with ADB's Guidelines on the Use of Consultants and other arrangements satisfactory to ADB. separately from ADB's overall administrative budget. The Office of the Secretary will provide secretariat support to the BCRC. for example convening meetings with various stakeholders. BCRC will consist of six Board members. As demonstrated by the experience of IED. It does not focus on the identification and allocation of blame. and/or facilitate the establishment of a mediation mechanism. (iii) joint fact-finding. The Chair. The budget proposal will then be presented to the Board for approval. Legal Advice 133. OCRP. 132. BCRC. CRP. but on finding ways to address the problem of the projectaffected people in ADB-assisted projects. or (iv) mediation. Functions 1. rights. The SPF may suggest various approaches to resolve problems. The SPF problem solving function is also aimed at strengthening the internal processes of operations departments. The annual work program and budget will be endorsed by the BCRC in consultation with the President. 3. and on any other matters relating to ADB's rights and obligations with respect to any request for problem solving or compliance review under the policy. including post-compliance review monitoring. The Office of the General Counsel will be responsible for advising the OSPF. to assist it in its work. this flexibility in staff movement should help guard against the potential isolation of the CRP and enrich both compliance review and operations through cross-fertilization of knowledge and experience. including four regional Board members (at least three of whom must be from borrowing countries) and two nonregional Board members. among other approaches. use its good offices. facilitate a consultative dialogue. 135. organizing and facilitating consultation processes. and reviewed by the Board Budget Review Committee. The problem solving function is outcome-driven.
working with the OCRP to update the basic information pack to provide clear. The SPF will confine his/her role to ADB-related issues on ADB-assisted projects. or implementation of projects. They may also incorporate AM related issues and lessons from the work of IED and RSDD which will contribute to the relevant sections. EA. that the consultation function is intended to address the problems on the ground and facilitate resolution of the problem. . provide generic support and advice to the operations departments in their problem-solving activities but not for specific cases under review by the operations departments. including the formulation. working with OCRP.g. e. and succinct information about the AM. The compliance review is not intended to provide judicial-type 40 The Chair CRP. 2. and DG RSDD may rotate to chair the preparation of the lessons learned and/or other relevant sections of the AM annual report. simple. OSPF outreach will include a holistic introduction to the AM. provide joint quarterly briefing sessions to the BCRC on the requests. The conduct of these other parties will be considered only to the extent they are directly relevant to an assessment of ADB's compliance with its operational policies and procedures. These pages will be regularly updated and modified to improve the access and comprehensiveness of the information. working with OCRP. and that the compliance review function focuses on investigating the alleged noncompliance of ADB with it operational policies and procedures. and adversely affects local people in the course of the formulation. The pack will highlight the different remedies available under the two functions. prepare and publish annual AM reports40. The SPF will not interfere in the internal matters of any DMC and will not mediate between the requesters and local authorities. informative. a. and conduct other activities required to effectively carry out the problem solving. which have the initial responsibility for responding to the concerns of affected communities. The CRP will investigate alleged noncompliance by ADB with its operational policies and procedures in any ADB-assisted project that directly. while focusing on specific subjects. SPF. 136. processing. The reports will distill emerging trends and lessons from the experience of both OSPF and OCRP. or implementation of the project. the borrower. One of these briefings may be combined with the briefing on the annual AM report. collate and integrate internal and external experiences of problem-solving to be fed back into ADB's operations. improve the interface of the AM websites. A compliance review is not intended to investigate the borrowing country. The problem solving function will not replace the existing project administration and problem-solving functions inherent in operations departments. materially. The OSPF and OCRP websites will be linked through common landing pages. The Compliance Review Function The Compliance Review Panel 137.33 (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) consultation activities. processing. conduct outreach programs within ADB and to the public. DG IED. or the private project sponsor (PPS). The pack will be sent to the requesters when acknowledging the receipt of the request..
34 remedies.g. and the Board member representing the country concerned. The CRP will: (i) (ii) process requests for compliance review. develop a roster of independent technical experts who can assist CRP in carrying out its work. They may also incorporate AM related issues and lessons from the work of IED and RSDD (to be contributed by these departments). and the borrower. working with OSPF. The pack will highlight the different remedies available under the two functions. implement CRP's work program. e. the requesters. 138. working with OSPF. and report regularly to the Board through the BCRC on the CRP activities. and liaise with accountability mechanisms at other institutions. Consultation with other CRP members. assign members of the CRP to conduct specific compliance reviews and monitoring tasks in consultation with the BCRC. the DMC government or the PPS. including Management and staff. evaluate the OCRP Secretary and other relevant OCRP staff. provide quarterly briefing sessions to the BCRC on the requests. consult with Management and staff. such as injunctions or money damages. Office of the Compliance Review Panel 140. prepare and publish annual AM reports.. The Chair. to gain a thorough understanding of the issues to be examined during the compliance review. that the problem solving . and provide input to BCRC's annual performance feedback to CRP members. prepare the annual work program and budget for CRP and OCRP. to the extent appropriate. issue final reports to the Board with its findings. and succinct basic information pack about the AM to be sent to the requesters when acknowledging the receipt of the request. work with the OSPF to produce a clear. the DMC government or the PPS. coordinate its activities. requesters. (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) 139. CRP will: (i) (ii) (iii) (iv) (v) (vi) perform all the functions listed for CRP. engage with all stakeholders. OCRP will: (i) (ii) support the work of CRP. One of these briefings may be combined with the briefing on the annual AM report. monitor the implementation of decisions made by the Board and produce annual monitoring reports. the requesters. with those of the compliance review mechanism of any other cofinancing institution that is conducting a separate compliance review of the same project. issue draft reports to Management. conduct thorough and objective reviews of policy compliance by ADB. The AM annual reports will distill emerging trends and lessons from the experience of both OSPF and OCRP. b. and the Board member representing the country concerned on its preliminary findings. simple. informative.
or other offices and departments. and exercise minimum discretion. c. and that the compliance review function focuses on bringing the project into compliance and/or mitigating any harm. CRP.g. following the Board's decision on the outcome of a compliance review. inform the requesters about who to contact subsequently. while focusing on specific subjects. or to other relevant departments and offices if the request is beyond the mandate of AM (e. CRP. Complaint Receiving Officer 141. register the requests. 143. ensure that such information dissemination and public outreach is integrated with ADB's activities designed to promote interaction with project beneficiaries or stakeholders including civil society groups. if appropriate. conduct outreach programs internally and to the public. upon receiving each request.g. with a copy to BCRC. e. to operations departments if there were no prior good faith efforts by the requesters to solve the problems with the operations department concerned. d. the CRP and SPF eligibility assessment should also review whether this condition was met. and the Department of External Relations. CRP if the requesters requested to undergo compliance review. A staff member from OCRP will be assigned as the CRO. who will: (i) (ii) receive all the requests and promptly acknowledge them. (iii) (iv) (v) (vi) (vii) 142. He/she will carry out the function with objectivity and neutrality. operations departments. OSPF. Management. OSFP. The CRO performs the service of forwarding the requests to relevant offices and departments depending on the preference of the requesters and the nature of the problems. As determining whether there have been prior good faith efforts is not always a simple task.35 (iii) (iv) (v) function is intended to address the problems on the ground and facilitate resolution of the problem. and the operations department concerned. the NGO Center. Chair. corruption matters and procurement issues). and staff. produce a joint memo with the OSPF staff summarizing the reasons for forwarding the request to a specific office or department. copy the relevant sections. and send the memo to the SPF. or the relevant operations department if the requests are not forwarded to them. operations departments. to Chair. Coordination with the OSPF. and facilitate CRP's communication and coordination with the Board. forward the requests to OSPF if the requesters requested to undergo problem solving. CRP. call a meeting with relevant OSPF staff to jointly screen the request and decide whether to forward it to the SPF. The BCRC will: (i) clear CRP's proposed TOR for compliance reviews before they are released Board Compliance Review Committee . OCRP outreach will include a holistic introduction to the AM.
BCRC will review CRP's monitoring reports to ensure that CRP has carried out a satisfactory process in monitoring the implementation of any remedial actions approved by the Board following the compliance review. and approving their public release. and provide written feedback to all CRP members on their performance. comment on the CRP's draft compliance review reports. The Board of Directors The key responsibilities of the Board of Directors with regard to the CRP include: (i) (ii) (iii) (iv) (v) 3. assist in mission arrangements for OSPF. ADB Management and staff will: (i) (ii) (iii) (iv) ensure that OSPF and CRP have full access to information in conducting their functions. and OCRP and provide other assistance to them as needed. considering and approving the Management's recommendations and/or action plans in response to the CRP's findings. ADB Management and Staff 146. considering and approving CRP reports. make recommendations and/or action plans to bring projects into compliance in response to compliance review findings. CRP. BCRC's function in clearing the proposed TOR and commenting on the draft compliance review report is to ensure that CRP operates within the scope of the compliance review. provide assistance to OSPF on problem solving. appointing and/or removing CRP members on the recommendation of the BCRC in consultation with the President. CRP will be taken into consideration in the feedback on the other CRP members.36 (ii) (iii) (iv) (v) (vi) (vii) (viii) by CRP. 144. review and endorse the combined CRP and OCRP annual work plan and budget. track the complaints that were forwarded to the operations departments due to a lack of good faith efforts by the requesters to solve the problems with the operations departments. search for potential CRP members in consultation with the President. 145. The feedback by the Chair. e. The recommendations/action plans should be agreed to by the borrower. overseeing the CRP's work. coordinate with CRP on compliance review. and reviewing and approving the AM policy. (v) (vi) . decide and adjust the CRP monitoring timeframes. review CRP's draft reports on monitoring implementation of remedial actions approved by the Board as a result of a compliance review before the CRP finalizes them. and serve as a focal point for the CRP's communication and dialogue with the Board on AM.
For the compliance review. including consulting services. in exceptional cases where local representation cannot be found and the SPF or CRP agrees. If a request is made through a representative. 148. the borrower or EA. Scope and Exclusions Problem Solving Function Requests will be excluded if they are (i) (ii) (iii) about actions that are not related to ADB's action or omission in the course of the formulation. or implementation of ADB-assisted projects. (ii) a local representative of the affected persons. 149. 150. such as multitranche financing facilities. Who Can File Requests? 147.37 E. For both the problem solving and compliance review functions. processing. or (iii) a nonlocal representative. after raising their concerns first with Management. in special cases involving allegations of serious violations of ADB's operational policies and procedures relating to an ongoing ADB-assisted project that have or are likely to have a direct. material. and adversely affected. It covers both public sector operations and private sector operations. a. 2. For projects whose loan closing dates are kept open after the project completion for the purpose of capitalizing interest payments. about matters already considered by the SPF. The conduct of the compliance review requested by a Board member will not affect or limit the existing rights of Board members to request or initiate reviews of ADB policies and procedures. requests may be filed by (i) any group of two or more people in a borrowing country where the ADB-assisted project is located or in a member country adjacent to the borrowing country who are directly. about decisions made by ADB. processing. additional financing. The filing of a request to either SPF or CRP will not suspend or otherwise affect the formulation. materially. about an ADB-assisted project for which the loan closing date41 has passed for one year or more. (iv) (v) (vi) 41 For programmatic operations. program clusters. requests may also be filed by any one or more ADB Board members. the cut-off will be tranche (or its equivalent) based. or administered or to be administered. about matters that requesters have not made good faith efforts to address with the concerned operations department or through the relevant project specific grievance mechanism. and adverse effect on a community or other grouping of individuals residing in the country where the project is being implemented or residing in a member country adjacent to the borrowing country. or the PPS on procurement of goods and services. This will be before the combining of the loan closing date with later tranches (or its equivalent) in some cases. about allegations of fraud or corruption in ADB-assisted projects and by ADB staff. The cut-off date is one year after the loan closing date of the tranche (or its equivalent). The term "ADB-assisted project" refers to a project financed or to be financed. by ADB. . or implementation of the project unless agreed to by the DMC or PPS concerned and ADB. Eligibility 1. it must clearly identify the projected affected people on whose behalf it is made and provide evidence of authority to represent such people. the cut-off date will be one year after the project completion date.
the time frames refer to the policies and procedures that were in effect when the request was filed with the CRP. The scope of compliance reviews is "ADB's operational policies and procedures" as they relate to the formulation.38 (vii) (viii) (ix) (x) about the adequacy or suitability of ADB's existing policies and procedures. In determining the eligibility of a request. complaints relating to the laws. the applicable operational policies and procedures will depend on whether the request concerns a proposed or an ongoing project. unless otherwise specified in the loan documents or other relevant documents. A "proposed project" refers to a project under preparation that has not been approved by the Board or the President. For a compliance review. All types of requests excluded from the problem solving function are also excluded from the scope of the compliance review function with exception of item (ii) above. and regulations of the DMC government concerned unless they directly relate to ADB's compliance with its operational policies and procedures. and an "ongoing project" refers to a project that has been approved by the Board or the President. policies. within the jurisdiction of ADB's Appeals Committee or ADB's Administrative Tribunal or relate to ADB personnel matters. or implementation of an ADB-assisted project. The CRP will not consider the policies and procedures of other institutions except to the extent that ADB's policies and procedures expressly refer to those of the other institutions. and/or about ADB's non-operational housekeeping matters. or generated to gain competitive advantage. the following requests will also be excluded: (i) complaints relating to actions that are the responsibility of other parties. and (iii) the causal link between the noncompliance and the harm. the CRP must be satisfied that there is sufficient evidence of the coexistence of (i) direct and material harm caused by the ADB assisted project. In addition. such as a borrower. Compliance Review Function 151. 153. processing. b. and complaints about matters already considered by the CRP. trivial. or potential borrower. They do not include guidelines and similar documents or statements. unless the conduct of these other parties is directly relevant to an assessment of ADB's compliance with its operational policies and procedures. The operational policies and procedures are included in the relevant sections of the applicable operations manual (OM). malicious. The Board will decide whether a particular policy is an operational policy subject to compliance review. For a proposed project. for the purpose of compliance reviews. (ii) (iii) (iv) 152. The CRP will examine whether the direct and material harm complained of by the requester is the result of ADB's alleged failure to follow its operational policies and procedures in the course of the formulation. such as finance and administration. For an ongoing project. and CRP determines which part of the operational policies and procedures was or is not complied with after carrying out a specific compliance review. complaints that do not involve noncompliance of ADB with its operational policies and procedures. or implementation of an ADB-assisted project. these refer to policies and procedures that were in effect at the time of Board's approval of the project. EA. (ii) the serious noncompliance. processing. . frivolous.
they should inform the requesters of the risk and give them an opportunity to reconsider the request. but requests may be submitted in any of the official or national languages of ADB's DMCs. or will be. or implementation of an ADB-assisted project. The request must specify the following: (i) (ii) names. but anonymous requests will not be accepted. an explanation of why any of the above information cannot be provided. and any other relevant matters or facts with supporting documents. if a request is made through a representative. and the results of these efforts. . whether the requesters prefer to first undergo problem solving with the OSPF or compliance review with the CRP. electronic mail. a description of the direct and material harm that has been. if applicable. identification of the projectaffected people on whose behalf the request is made and evidence of authority to represent them. processing. 157. a description of the requesters' efforts to address the request with the OSPF or CRP. the desired outcome or remedies that the project-affected people believe ADB should provide or help through the AM. or implementation of an ADB-assisted project. or is likely to be. The identities of requesters will be kept confidential if requested. designations. an explanation of why the requesters claim that the direct and material harm alleged is. a description of the operational policies and procedures that have not been complied with by ADB in the course of the formulation.39 F. whether the requesters choose that their identities are kept confidential. caused to the requesters by the ADB-assisted project. additional time will be required for translation. In cases where the requests are submitted in languages other than English. the OPSF and CRP will determine independently how to use the information and analysis. and the results from these efforts. a brief description of the ADB-assisted project. including the name and location. and contact information of the requesters and any representatives. processing. Requests must be in writing and preferably be addressed to the ―Complaint Receiving Officer". Requests will also be accepted by any ADB office such as a resident mission or representative office. if known. which will forward them to the CRO. However. facsimile. (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) (xiii) 156. The working language of the AM is English. How to File a Request? 154. or hand delivery to the CRO at ADB headquarters. The OSPF and CRP will fully share information and analysis with each other on the request. The OSPF and CRP will determine independently whether the request meets their respective eligibility criteria. the result of ADB's alleged failure to follow its operational policies and procedures in the course of the formulation. a description of the requesters' good faith efforts to address the problems first with the operations department or the project specific grievance mechanism concerned. If the OSPF or CRP believe that it is impossible to keep the requesters' identification confidential. 155. Requests will be accepted by mail. addresses.
Chair. (vi) other departments or offices as appropriate. CRP. The OSFP and CRP will determine the eligibility of each request independently. and have provided clear and sufficient information on their good faith efforts to solve the problem with the operations department and project specific grievance mechanism concerned. (iv) Office of Anti-Corruption and Integrity (OAI) if it concerns corruption. and copied to BCRC. The requesters will decide whether they want to start with the problem solving or compliance review function first. All the days refer to working days except the Board consideration dates which are 21 calendar days based on existing ADB rules. The CRO will copy the request to SPF. Within 2 days of receiving the request. 161. the CRO will forward the request to (i) OSPF if the requesters indicated a preference for problem solving first or have not indicated any preferences. (iii) the operations department if the requesters have not made prior good faith efforts to resolve the problems with the department and project specific grievance mechanism concerned. 42 The problem solving or compliance review process will be terminated if the requesters disengage. Requests received by any other ADB departments or offices will be forwarded to CRO. 163. CRO will notify the requesters and their authorized representative about the status of the request and the contact person(s) for the subsequent steps. CRP will ask the Management to respond after receiving the request and before the determination of eligibility. The requesters or their representative file a request to the CRO. Responding to CRP findings. and send a copy of the requesters' letter to them. The CRO and the OSPF staff will prepare a joint memo to specify the reasons for forwarding the request to a specific department or office. Forwarding the Request. Step 1: Receiving the Request. 159. and the operations departments concerned about receipt of the request.40 G. The CRO will inform the SPF. and the operations department concerned. The memo will be sent to SPF. the Management will recommend measures and/or actions to bring the project into compliance. Unless the requesters clearly indicated a preference for compliance review and provided sufficient and clear information on their good faith efforts to resolve the problems with the operations department. (v) COSO and/or OAI if it concerns procurement. Receiving the Request 160. The ongoing process they are in will be terminated if the requesters exit. it will be forwarded to OSPF or the operations department. or have not provided clear and sufficient information on such efforts. CRP. CRP. and send a basic AM information pack to the requester. Chair. Step 3. Chair. and have provided clear and sufficient information on their good faith efforts to solve the problem with the operations department and project specific grievance mechanism concerned. Within one day of the meeting in step 2. 162. They can exit the problem solving or the compliance review function at any time. The CRO will immediately acknowledge receipt of the request. (ii) OCRP if the requesters preferred to start with compliance review. Step 2: Meeting with OSPF. . The indicative steps are described below. Processing Requests 158. or the concerned operations department. the CRO will meet with the SPF or OSPF staff assigned by the SPF to jointly screen and decide where to forward the request.42 Requesters cannot file a request concerning the same issue to either the OSPF or CRP more than once. 1.
and the time needed by the parties to facilitate resolution of their problems during the implementation of the agreed course of action. in his/her sole discretion. an arbitration tribunal. the SPF will. The SPF will highlight the differences under the two functions. The SPF should also explore whether confidentiality is being requested. For requests that are forwarded to operations departments due to a lack of requesters' prior good faith efforts. 169. 2.41 164. . For example. 43 The forwarding of the request by CRO to the SPF does not preclude the SPF from independently assessing the eligibility of the request. After acknowledging the request. Affected people also need advice on the AM and require sufficient knowledge to make their choices. The eligibility stage will also explain the AM to requesters. The SPF will inform the requesters of the following two options: (i) the requesters can carry on with the problem solving process. results. agreements reached. the SPF must also be satisfied with the following requirements: (i) the request is genuine and does not fall within any of the exclusions. During in-country consultations in 2010. the CRO will register it on the relevant webpage(s) and send an acknowledgement to the requester. 167. fully or partially delegate the problem solving to the operations department concerned if it considers that this will improve the efficiency and effectiveness of problem solving. and (ii) the SPF believes. that his/her involvement could be useful. 165. and lessons. Step 4: Registration of the Request. Within two days after forwarding the request to relevant departments and offices. local communities expressed their desire for problems to be solved locally for example by resident missions to expedite the process. 168. The OSPF will decide on the degree and manner in which it will undertake the problem solving on a case-by-case basis. any request for extension of time to provide information or file documents. In addition. at any stage. or (ii) the requesters can abandon the problem solving process and file a request for compliance review. the operations department will produce a report summarizing the request. The problem solving process is expected to take about 160 days from the date the request is filed with ADB to reaching an agreement on the remedial actions.43 In order to find a request eligible. OSPF may. The operations department will post the report on the ADB website. decisions by concerned parties. and determine its eligibility. 170. issues and problems. The Problem Solving Function 166. screen the request. the SPF will review and confirm whether there were sufficient good faith efforts by the requesters to solve the problems with the operations department. the steps taken to resolve the issues. The indicative steps for the problem solving are summarized below. and whether the problem-solving exercise will interfere with or be impeded by any other relevant process before a court. the operations departments will address any issues or problems. or a similar review body. This is important as it may be impossible in some cases for the CRO to decide whether good faith efforts have been made. Step 1: Determining Eligibility. At the end of the process. This period excludes translation time. the SPF must be satisfied that the request meets the eligibility criteria and does not fall within the exclusions listed in Section E above. within 21 days from receipt of the request. The factors for consideration include whether the ADB has or continues to have leverage to influence change. Reflecting this.
including ADB staff. Step 2: Review and Assessment. and report his/her findings to the President. 176. Step 3: Problem Solving Process. 173. and if necessary. among other approaches. or (ii) to determine that no further problem solving efforts will be purposeful and conclude the process. as well as any other people the SPF believes would be useful. the government or the PPS. the SPF will decide whether (i) to proceed with a problem solving process. in consultation with the operations department. the operations department and the government or PPS and request their comments. and that the remedies under the compliance review function focus on investigating ADB's compliance with its operational policies and procedures. 172. Implementing the problem solving process requires the consent of every party involved. 175. The SPF will report the decision on eligibility to the President. Parties except the SPF can "walk away" from the process if they consider that it is not purposeful or if there is no consensus on the course of action. The SPF will review and assess the request to (i) understand the history of the request. The determination of eligibility may include a desk-based review and/or a site visit. and (iv) recommend how best a process to resolve the problem can be worked out. 174. will request the operations department's advice and support. (ii) confirm the stakeholders. the SPF may consult all stakeholders. with a copy to the vice president concerned. (i) consultative dialogue. Remedial actions that are adopted as a result of the problem solving process will reflect an agreement among the relevant parties and in most cases will be specified in a written agreement or series of agreements made by the relevant stakeholders. The SPF will complete the review and assessment. the DMC government or the PPS. (iv) explore the stakeholders' readiness for joint problem-solving. During the determination of eligibility. Doing so will be deemed to bring about a formal closure to the problem solving process. The SPF will obtain information from the operations department. interviews. This may or may not mitigate any harm. (iii) joint fact-finding. Remedial actions involving a major change in the project will require approval by Management or the Board . The SPF will field a fact-finding mission(s) on his/her own initiative or participate. and the Board member representing the country concerned. indicating that the problem solving function is intended to address the problems on the ground and facilitate resolution of the problem. The SPF will have 120 days from determination of eligibility to complete this step. (iii) clarify the issues of concern and the options for resolving them. or (iv) mediation.g..42 e. If the SPF decides to proceed. The review may include site visits. (ii) information sharing. 177. The problem solving process will depend on the particular circumstances and may include. he/she will assist the parties to engage in a consultation process aimed at resolving the problem. with a copy to the vice-president concerned. following the Board's decision of the outcome of a compliance review resulting in the determination of noncompliance with ADB's operational policies and procedures. The SPF will also refer the findings to the requesters. Based on the assessment and taking into account the comments received. The SPF will give the requesters 7 days from receipt of the SPF's findings to respond to the SPF with the requesters' decision. and meetings with the requesters. the requesters. 171. in a special project administration mission of the operations department.
regarding the status of implementation. Upon submission to the Board. subject to the consent of the requesters and the government or PPS. 179. summarizing the request. the report will be released to the public. 183. The indicative steps for the compliance review phase are summarized below. Monitoring. with a copy to the Board. and the settlement agreement (if any) agreed to by the concerned parties. the requesters. The CRP will also inform the Board member representing the DMC concerned about the request. Step 4. but will generally not exceed two years. the Management must provide evidence that (i) it has complied with the relevant ADB policies and procedures. Within 21 days of receiving the Management response. OCRP will copy the BCRC into its correspondence with the Management. The Compliance Review Function 181. These periods exclude the time taken for translation. 178. decisions by concerned parties. The SPF will report annually to the President. When the problem solving process has been completed (with or without a resolution). The SPF will issue this report and furnish it to the requesters. the CRP will review 44 The forwarding of the request by the CRO to the CRP does not preclude the CRP from independently assessing the eligibility of the request. The final report will be made public. 180. and the government or the PPS. All stakeholders. or (ii) there are serious failures attributable exclusively to its own actions or omissions in complying with the ADB policies and procedures. subject to consent of the requesters and the government or PPS. Conclusion of the Problem Solving Process. the requesters. The monitoring time frame will be project specific. including the public. When implementation of the remedial action has been completed. The CRP will forward the request to the Management and request a Management response within 21 days. and agreement by the borrower. may submit information regarding the status of implementation to the SPF. CRP will determine the eligibility44 of the request. Step 2: Determining Eligibility. the SPF will submit a report to the President. Step 5.43 according to ADB's procedures. The SPF's monitoring reports will be sent to the requesters and the government or PPS and posted on the ADB website. with a copy to the operations department. and the Board for information. In its response. or (iv) the serious failures that may exist are attributable both to the ADB's noncompliance and to the borrower or other external factors. As part of the monitoring activity. The SPF will monitor the implementation of any remedial action agreed to. the government or PPS. after being submitted to the President and furnished to the Board for information. and the Board for information. 182. subject to the consent of the requesters and the government or PPS. They will know the outcome of the Board decision about 240 days from the receipt of the notification of registration for compliance review. In so doing. Step 1: Requesting Management Response. . the government or the PPS. the SPF will consult with the operations department. but the Management intends to take actions to ensure compliance. the SPF will prepare a final report and submit it to the President. The requesters will know whether the Board has authorized the compliance review they have requested about 60 days after receipt of the notification of registration for compliance review. the operations department. or (iii) the serious failures are exclusively attributable to the borrower or other factors external to ADB. the steps taken to resolve the issues. 3. and any request for extension of time to provide information or file documents.
The CRP will begin the compliance review as soon as the Board authorizes it. and time frame for the compliance review. BCRC will clear the TOR. or is likely to cause. e. Throughout the compliance review process. The determination of eligibility may include a desk-based review and/or a site visit. The CRP will inform the requesters of the following two options: (i) the requesters can carry on with the problem solving process. In addition. (ii) the noncompliance has caused. The CRP's review is not time bound because the amount of time will vary depending on the nature. The eligibility stage will also explain the AM to requesters. Affected people also need advice on the AM and require sufficient knowledge to make their choices. it will recommend to the Board that a compliance review be authorized. will decide the specific panel member(s) to conduct the review. and scope of the project and the alleged policy noncompliance. The CRP will highlight the differences under the two functions. the CRP will consult all stakeholders concerned. The TOR will be posted on the registry of requests.. Within 7 days from receipt of the Board's authorization. This is important as it may be impossible in some cases for the CRO to decide whether good faith efforts have been made. including Management and staff. following the Board's decision about the outcome of a compliance review resulting in the determination of noncompliance with ADB's operational policies and procedures. 184. If the CRP determines that the request is ineligible. the CRP will release the TOR which will indicate the methodology. the requester. Step 3: Board Authorization of the Compliance Review. The CRP will prepare an eligibility report. the CRP must be satisfied that the request meets the eligibility criteria and does not fall within the exclusions listed in Section E above. and (iii) the noncompliance is of a serious nature that warrants a compliance review. The Chair. the CRP must also be satisfied that (i) there is evidence of noncompliance. the Management's response. it will inform the Board of the ineligibility of the request. and that the remedies under the compliance review function focus on investigating ADB's compliance with its operational policies and procedures. budget. During the eligibility stage. complexity. in consultation with the BCRC. and the eligibility report and the Board's decision will be posted on the ADB website. For example. and the CRP member(s) for the review. Step 4: Conducting the Compliance Review. the requesters. The CRP will inform the requesters of its decision after determining the eligibility. indicating that the problem solving function is intended to address the problems on the ground and facilitate resolution of the problem. 187. In order to find a request eligible. the CRP may consult all stakeholders. the DMC government or the PPS. . Within 21 calendar days from receipt of the CRP's recommendation. the Board will consider and authorize the compliance review. The CRP should also explore whether confidentiality is being requested. If the CRP determines that the request is eligible.44 the request. or (ii) the requesters can abandon the problem solving process and file a request for compliance review. It may mitigate any harm. attaching the request and Management's response. 186. estimated review time frame. the DMC government or the PPS. including Management and staff. if appropriate. and other relevant documents.g. the CRP will review and confirm whether there were sufficient good faith efforts by the requesters in solving the problems with the operations department involved. 185. The CRP will submit its recommendation to the Board. 188. Within 14 days of the Board's authorization of the review. and the Board member representing the country concerned. direct and material harm to project-affected people. the requester will be informed of the Board's decision. The CRP will give the requesters 7 days from receipt of the SPF's findings to respond to the CRP with the requesters' decision. CRP.
the report will focus on establishing a causal link between those direct and material adverse effects alleged in the request and ADB's serious failure of compliance with its operational policies and procedures45. and the requesters for comments and responses within 45 days. The Management response will be considered by the Board in conjunction with the CRP report. and the borrower. processing. requesters. Within 7 days after the Board's decision.45 and the Board member representing the country concerned. the CRP will consider their responses and make changes as necessary before issuing its final report to the Board. The CRP's findings will be reached by consensus among the panel members. the majority and minority views will be stated. Each party is free to provide comments on the draft report. but only the CRP's final view on these matters will be reflected in its final report. the without-project situation should be used as the base case for comparison. In the absence of a consensus. the borrower. 191. Step 8. 190. Monitoring and Conclusion. The CRP report documents its findings concerning any noncompliance and harm. . For assessing direct and material adverse effects. and the Management's response will be released to the requester and the borrower. the Board will consider the report and make a final decision regarding any recommendations and/or an action plan that Management may propose to bring the project into compliance and/or mitigate any harm. The Management response will articulate Management's positions on the CRP's findings. the Board decision. The CRP will prepare a matrix summarizing how it has responded to the comments by the Management. Non-accomplishments and unfulfilled expectations that do not generate direct and material harm compared to the without-project situation will be excluded. Within 14 days of receiving the responses to CRP's draft report from the Management. Step 5: CRP's Draft Report and Responses. taking into consideration the availability of information. if the CRP finds that the alleged direct and material adverse effect is not totally or partially caused by ADB's noncompliance. In the event of a finding of noncompliance. Step 7: Board's Decision. and then posted on the website. 189. discussions. The review may include desk reviews. the implementation of the recommendations and/or an action plan must be agreed by the government or PPS. the borrower. the borrower. Step 6: CRP's Final Report. its eligibility or draft review report will state this without entering into analysis of the direct material adverse effect itself or its causes. Management's response should include recommendations and/or an action plan to bring the project into compliance with ADB policies and addressing related findings of harm. 193. Within 21 calendar days of receiving the CRP's final report and the Management response. if the CRP concludes that there was direct and material harm caused by ADB's noncompliance. the CRP's final report. and the requesters. meetings. Upon completion of its compliance review. attaching the responses from Management. CRP will monitor the implementation of any remedial actions. and a site visit. 192. It focuses on whether there is a serious failure by ADB to comply with its operational policies and procedures in formulating. Any remedial actions in project scope or implementation approved by the 45 During the eligibility determination or the review stage. The CRP will also forward the draft report to the BCRC for its comments. CRP will issue a draft report of its findings to Management. or implementing a project in relation to the alleged direct and material harm. Because the legal ownership of the project lies with the DMC government or PPS. and the requester. with the borrower and requesters' responses attached (subject to agreement of relevant parties).
general descriptions about the process and final solution can be made public. For example. determination of eligibility. The SPF and CRP will not give any media interviews at any stage of the AM process. The CRP will forward its draft monitoring reports to BCRC for review. It will finalize the reports in consultation with BCRC before making them available to the Board. Information disclosure to the public will be consistent with ADB's public communications policy. IED. General Approaches . SPF and CRP may withhold the identities of the requesters from other stakeholders. Prior to releasing any news releases or other media communications. CRP. The SPF and CRP. their websites will be integrated and linked through common ADB AM landing page(s) which will be regularly updated and improved. not for purposes of review. and the AM annual reports jointly produced by OSFP. the CRP will annually report on the progress. Transparency and Information Dissemination 194. Unless the Board specifies a different timetable. the requesters. document review. OCRP. The OSPF and CRP operations will be as transparent as possible. The final agreement and resolution will also be kept confidential if the parties so agree. the DMC government or the PPS. TOR of the compliance review. CRP monitoring reports. and site visits. both within ADB and to the public. while also focusing on specific subjects. The monitoring time frame will be project specific. Management. but substantive details about the discussions will be kept confidential. will exercise discretion and maintain a low profile in the borrowing country while making site visits or otherwise operating in the borrowing country. but to provide ADB with an opportunity to prepare responses to queries from the media or the public. CRP's final reports. The nature of problem solving and compliance review demands an appropriate degree of confidentiality. I. and the public. Board's decisions on compliance review. requesters' and borrower's responses (subject to agreement of the relevant parties). and Board members. Any material or information submitted to the SPF or CRP on a confidential basis from any party may not be released to any other parties without the consent of the party that submitted it. the DMC government or the PPS. Specific milestones for which information disclosure is relevant include the registry of requests. The OSPF and OCRP will maintain their own websites and each have distinctive logos and letterheads. will determine which CRP member(s) will conduct the annual monitoring exercise each year. The Chair. SPF review and assessments. When requested. OSPF and OCRP outreach to the public will include a holistic introduction to the AM in general. 195. SPF final reports. but will generally not exceed three years. 198. The SPF and CRP will have authority to issue press releases and public communications. The monitoring may include consultations with Management. the SPF or CRP will inform the DER. 197. The CRP will also consider any information received from the requesters and the public regarding the status of implementation. and RSDD. H. The final monitoring report will also conclude the compliance review process. the requester. However. in consultation with the BCRC.46 Board will be carried out in accordance with applicable ADB procedures. Management's response to CRP findings. 196. Approaches 1. and all staff working on AM.
. AM should be included as a part of regular staff training course. They may use desk reviews.47 199. local government units. The gender issue should be taken into the outreach strategy. VII. The use of country systems will not alter the need and nature for problem solving. The compliance review will focus on the roles and responsibilities assumed by ADB in formulating. Application 201. processing. and (v) procedures and other related requirements such as gap filling. discussions. (iv) ADB's and borrowers' roles and responsibilities. J. A. and audio visual materials should be used to inform people. Targeted project level outreach– The SPS requires setting up of grievance redress mechanisms at the project level. such as the SPS. site visits. It will also apply to operations that use country systems. It will finalize its views by taking into consideration of all comments received so far. 2. ADB and government staff working on the grievance handling mechanisms should organize awareness seminars in conjunction with resident missions. and from further consultations. The SPF and CRP will keep abreast of the best practices on problem solving and compliance review. The SPF and CRP can also engage experts/consultants in assisting any parts of their work. training courses. IMPLEMENTATION AND RESOURCE REQUIRMENT Awareness and Learning 202. The OSPF and OCRP should update their outreach strategies regularly (for example every three years). and orientation sessions. consultation with country experts. community notice boards. (ii) methodology of country safeguard system assessments. and EAs. and implementing the project according to the policies providing the scope for using country systems. Some resident missions have already assigned focal (ii) (iii) 46 The SPS clarifies (i) conditions for applying country safeguard systems. Site Visits 200. In each resident mission a staff member should be designated as a focal person for grievance handling. and undertake three different kinds of outreach activities. either on a full time or part time basis. The Working Group is considering several options to effectively address site visit issues. The intensity and format of this activity will vary with the nature of the project. project teams. and other approaches. ADB can explore the possibility of outsourcing these activities to reputed NGOs or civil society organizations. The AM applies to ADB-assisted projects in both the public and private sectors.46 The AM applies to ADB administered cofinancing. (i) Internal audience – improve the awareness and disseminate lessons to staff through workshops. National Level – OSPF and OCRP should hold regular dissemination activities in DMCs. workshops. (iii) consultation and validation processes. Pamphlets in national languages. particularly for mission leaders. interviews.
the operations manual will be revised. ADB Management and staff. VIII. These projects. (ii) (iii) 205. Resident mission grievance handling focal person. CRP. and BCRC to prepare operating and administrative procedures. The AM should be operated and seen as an important instrument for learning. The AM. Cost savings may be derived from setting the appropriate basic AM structure and provide ample flexibility to respond to demand. Staff should disseminate information early in the project cycle about the AM and its availability as a recourse in case other methods of dealing with harmful project effects are not successful. These procedures are not recommended under this policy to reduce duplication and increase transparency. Increasing outreach. . Costs and Resource Needs The proposed changes require additional costs in the following areas. Improving the awareness of the AM requires that ADB staff work as a conduit to disseminate information about the AM to local communities. . Requests that have been filed under the current AM will be transferred to the updated AM. the transition is expected to be smooth. superseding the current version47. REQUEST FOR BOARD GUIDANCE 207. and Board should all promote a cultural change to eliminate the remaining perception that the AM is adversarial. both human and financial. B. (i) Incremental costs for OSPF and OCRP depending on work loads. The Board's guidance will be sought on the proposed revisions of the 2003 policy set out in sections VI and VII of this paper. 203. and for ensuring project quality and development effectiveness. The updated policy may lead to increased requests for compliance reviews which may lead to higher resource requirements. Operations departments should especially focus on projects with a high likelihood of generating requests such as large infrastructure projects and projects with heavy resettlement. The balance between cost increases and cost savings suggests that there may be no significant overall budget implications in implementing the updated AM compared to the current policy. Effective Date and Transitional Period 206.48 persons for handling grievances and this good practice should be extended to all resident missions. Any necessary operating and administrative procedures should be reflected in the operations manual. Upon the Board's approval of the policy. 204. The OSPF received 13 cases in 2009 and 7 in 2010. Given that changes proposed are incremental. should establish local grievance redress mechanisms as required by the SPS. It is proposed that each resident mission assign a staff member as a focal person for grievance handing. This staff can either be part time or full time depending on the number of requests. 47 The current AM requires the OSPF. The updated AM will become effective six months from the date of Board approval of the policy. C.
among others. reflect the highest professional and technical standards in its staffing and operations. operational staff. nongovernmental and civil society organizations. and the principles as contextualized in the 2003 AM policy. the functioning of the AM. and Manila. 3) Comparison and analysis of ADB's AM with other relevant comparators. Islamabad. A dedicated AM review website has been established. The second phase will be country consultations in both developed and developing member countries. efficient. and evaluation systems already in place at ADB. Manila. The proposed locations are Washington DC. At the 43rd Annual Meeting of the Board of Governors of ADB in Tashkent from 1 to 4 May 2010. 5) Addressing of key issues arising out of the analysis. objectives. Tokyo. nongovernmental organizations. based on the above analysis. 2. evaluation. governments. quality control. building on the Inspection Function. The first phase will be inviting public comments on the current AM policy through the ADB website. In 1995. ADB. and consultation. 1 In 2003. ADB introduced the current accountability mechanism (AM) 2 . especially the adoption of Strategy 2020. Review of the Inspection Function: Establishment of a New Accountability Mechanism. project-affected people. 1 2 Establishment of an Inspection Function. 3. following an extensive review process. Jakarta. and be cost-effective. 2003. project beneficiaries and affected people. 6) Recommendations. Management. the President of ADB announced that ADB would undertake a joint Board Management review of its AM. ADB. Manila ("the AM policy") . for changes and improvements in the policies. A joint Board and Management Working Group has been established for this purpose. comparison. ADB Board members. and its operating and administrative procedures. and wherever possible. The review will be broad based and will include. the Asian Development Bank (ADB) established an Inspection Function to provide a forum for project beneficiaries to appeal to an independent body for matters relating to ADB's compliance with its operational policies and procedures in ADB-assisted projects. the private sector. be responsive to the concerns of projectaffected people and fair to all stakeholders. The review will include a public consultation process. The consultation is planned to include three phases. reflecting the changing context of ADB operations. The AM was declared effective on 12 December 2003. 4) Consultation with stakeholders including the public. The third phase will be an invitation for public comments on the Working Group report through the ADB website. audit. The AM was designed to enhance ADB's development effectiveness and project quality. and complementary to the other supervision. Frankfurt. The consultation will include governments. be as independent and transparent as possible. The objective of the review will be to examine the scope for improvements in the AM.Appendix 1 49 TERMS OF REFERENCE FOR THE REVIEW OF THE ACCOUNTABILITY MECHANISM 1. 1995. the following aspects: 1) Analysis of the effectiveness and adequacy of the AM in light of its historical perspective. 2) Evaluation of ADB's experience with the AM since 2003.
. staffing. Any other issues that are viewed as important for improving the ADB AM. performance assessment. ownership. The review is expected to be undertaken from April 2010 to April 2011. ix. delays. 5. The following key issues were included in the external experts' terms of references: i. The relatively limited recourse to the compliance review phase. The effectiveness of the Office of the Compliance Review Panel (OCRP) and ADB in information dissemination and conduct of public outreach (level of awareness about the ADB AM). vi. examination and comments on the extent of benefits obtained by the complainants and/or adversely affected people. Accessibility of the mechanism by affected people. including reporting lines. v. an observation on the broader impact that the AM has had on ADB's approach to decision making and project selection.50 Appendix 1 4. which requires borrowing country permission to carry out site visits. and dissemination of AM documents and materials. and the right to engage experts and consultants. The level of independence of the mechanism. Taking in particular concerns of developing member countries (DMCs) on board. From the experience of ADB and other similar institutions. viii. Assessment of implications for bringing projects into compliance in terms of time required. The approach to site visits required under the current AM. x. as well as issues of budgeting. The eligibility criteria for filing a complaint. access to independent legal advice. vii. and increase in financial costs. iv. iii. ii.
Other Institutions IFC: Compliance Advisor Ombudsman (CAO) established in 1999. Inspection Panel reviewed in 1996 and 1999 which resulted in the 1996 and 1999 clarifications. EIB: The new Complaints Mechanism was approved in Feb 2010. eligible for compliance audit 9. Eligible problem solving 49.Appendix 2 51 COMPARISON OF ACCOUNTABILITY MECHANISMS No. CRP: Total 4. This was enhanced in 2010 as the Independent Consultation and Investigation Mechanism. Panel in World Bank First to establish among MDBs – Inspection Panel created in 1993. IADB established Independent Investigation Mechanism in 1994. Eligible 1995-2010 Inspection Panel: Total 71. Total 110. Eligible 32. IFC (2000-09). of Cases 2004-2010 SPF: Total 32. (ICIM). superseding the Complaints Mechanism Policy of June 2008 JBIC adopted Summary of Procedures to Submit Objections Concerning JBIC Guidelines for Confirmation of Environmental and Social Considerations in 2003. eligible for compliance appraisal 9. Ineligible 43. Accountability Mechanism created in 2003. Inspection Reviewed 2002/2003. EBRD: Independent Recourse Mechanism (IRM) was in place between July 2004 and March 2010. It was amended in June 2010 following a review in 2009. 1 Areas Milestones ADB Inspection Panel established in 1995. AfDB: Independent Review Mechanism (IRM) established in 2004. The Procedures were updated in October 2009. Eligible 11. OPIC Board approved the General Policy and Guidelines on Accountability and Advisory Mechanism for OPIC and established an Office of Accountability (OA) in 2005. 2 No. The new Project Complaint Mechanism (PCM) became operational in March 2010. Accountability Mechanism currently under review (2010) . CAO amended its 2004 operational guidelines in 2006 and 2007.
JBIC: The Examiner for Environmental Guidelines is specifically to ensure the compliance of the ―Guidelines for Confirmation of Environmental and Social Considerations‖. codes of conduct. transparency and corporate responsibility. OPIC (2005-10): Total 6. labor. problem solving 3. EBRD (2004-10): Total 6. appraisal and/or implementation of projects. EBRD: Focusing on environmental. JBIC (2003-2010): 1 ineligible. thematic lending policies. and transparency standards. human rights. OPIC: Environmental. World Bank's own operational policies and procedures with respect to the design. EIB: Policies on institutional governance. strategy guidelines. AfDB (2004-10): Total 6 since 2007. EIB (2007-08): Total 9.52 Appendix 2 No. ADB World Bank Other Institutions IADB (1994-2010): 3 since Feb 2010. 4 Procurement and corruption Excluded Excluded. and public disclosure aspects. geographic policies. The request is filed before the loan financing is . except EIB which can be longer. social. except that EIB includes procurement. IADB and AfDB: Operational policies and procedures. and implementation of ADB financed projects. 5 Cut-off dates Up to the approval of the PCR. IFC: Focusing on environmental and social aspects. antifraud. cooperation rd with 3 parties and/or international organizations. project-cycle related policies and procurement. social. processing. Ranges from project completion to 12 months after completion. compliance review 3. All excluded these two aspects. Areas 3. 3 Policy coverage All operational policies and procedures concerning formulation.
No formal problem solving stage. AfDB: Head of Compliance Review and Mediation Unit (CRMU) Head works on problem solving and supports experts on compliance review. the President. The Inspection Panel and its Secretariat All requiring direct and material harm for eligibility. EIB. (2) IFC. There is only the compliance review by the Inspection Panel. The Head reports administratively to the President and functionally to the Board for projects already approved by the Board. Areas ADB World Bank substantially disbursed (up to 95% disbursement). SPF/OSPF CRP/OCRP Only people who are directly. 9 Appointments and reporting SPF appointed by the President after consultation with the Board. and EIB. IFC. CRP members appointed by the Board upon the recommendation of the President. EIB unit reports to the Management . EBRD. Secretary OCRP appointed by the President. Executive Secretary: appointed by the President after consultation with the Board. and report to. and OPIC: Each has a unit responsible for both problem solving and compliance review. the Panel. Head of Compliance Review and Mediation Unit (CRMU) is appointed by President with concurrence of Board. EIB. The units report to the President (or the Management Committee in case of EIB). except EIB and (possibly) IFC. (2). EBID. (2). OPIC. (1). (3) IADB. materially and adversely affected. and to the President for proposed projects not yet approved by the Board.Appendix 2 53 No. Executive Secretary report to the Board. It reports to the Board. materially and adversely affected. AfDB. Other Institutions 6 Minimum number of person(s) 2 or more persons 2 or more persons (1) AfDB and JBIC: 2 or more persons. JBIC. and OPIC: 1 or more. There is no Secretariat. Expert panel appointed by the Board on the President's recommendation. IADB. EBRD. 8 Structure (1) IFC. World Bank panel members appointed by the Board based on President's nomination. The AM unit heads are appointed by. 7 Direct and indirect effects Only people who are directly. and reports to the President. Ombudsperson.
16). and OPIC. AfDB. (iii) Any additional site visit needs to be invited by the country (1999. (i). No details given. panel. IADB. EBRD = European Bank for Reconstruction and Development. MDB = multilateral development bank. para. Areas ADB World Bank Other Institutions Committee. and Executive Secretary appointed by and report to the Board. EIB = European Investment Bank. The Chairman's Summary states that JBIC ‗is a government institution and shall accord adequate considerations to the sovereignty of the recipient country'. (ii). The rules state site visits may be undertaken. AfDB = African Development Bank. JBIC = Japan Bank for International Cooperation. 10 Site visit Site visits takes place in consultation with the borrowing country. but examiners can conduct interviews. . Clarification. Inspection in the territory of such country shall be carried out with its prior consent (1993 Resolution. para. IFC = International Finance Corporation. EIB. 21). IADB = Inter-American Development Bank. Use country offices to obtain mission clearance and meetings. (3). Site visit not mentioned. same as other missions. IADB: Ombudsman. Secretary appointed by the human resources department. JBIC. 49). The examiners appointed and report to the President. EBRD. (4).54 Appendix 2 No. 1. para. Any part of the process to be conducted in the territory of the borrower/recipient country may be conducted only after obtaining the written non-objection of the country (2010 Policy. JBIC. 3. OPIC = Overseas Private Investment Corporation (US). 2.
Appendix 3 55 NUMBER OF CASES IN DIFFERENT ACCOUNTABILITY MECHANISMS Asian Development Bank Accountability Mechanism 2004 to 15 Nov 2010 Compliance Review Panel Total 3 Total Requests Received 70 Eligible 2 Ineligible 1 Total 32 Special Project Facilitator Eligible 10 Ineligible 20 No Recommend ation Made 20 Eligibility Being Determined 2 Source: Complaints Registry as of 15 November 2010 (http: //www.1805.org/en/mici/registry-of-cases.html Total No.gov/doing-business/accountability/registry (downloaded on 19 November 2010) . Source: Complaints Office Annual Activity Report 2008. There were 2 cases related to environmental and social impacts in 2007 and 7 cases in 2008. 43 49 18 Inter-American Development Bank Independent Consultation and Investigation Mechanism African Development Bank Independent Review Mechanism Established in 1994. reorganized in February 2010 Total Cases Registered (since Feb 2010) 3 Source: http://www.adb. Japan Bank for International Corporation Objections Procedures Overseas Private Investment Corporation Office of Accountability 2003-2010 1 complaint received in 2007.org/SPF/registry.asp) World Bank Inspection Panel 1994 to 8 November 2010 Eligible for Investigation 32 Not Eligible for Investigation 16 Eligibility Ongoing 2 Source: WB Inspection Panel Website as of 8 November 2010 International Finance Corporation Compliance Review Ombudsman Ombudsma n 20002009 Total new complaint s Ineligib le Closed after ombudsman and compliance appraisal 9 Compliance Complia nce Audit 6 Ongoing complianc e cases 3 Total Total 110 Source: 2008-09 CAO Annual Report. replaced by IRM in March 2010 Approved in February 2010 (superseding Complaints Policy of 2008) Project Complaint Mechanism (PCM) 1 registered (as of 23 June 2010) Independent Recourse Mechanism 5 registered complaints European Investment Bank Complaints Office EIB cases include procurement cases.org/en/about-us/structure/independent-review-mechanism/requests-register/ European Bank for Reconstruction and Development Project Complaint Mechanism IRM was in place since 2004. ineligible Source: Annual Report of the EXAMINERS FOR ENVIRONMENTAL GUIDELINES (FY2009) 2005-2010 Problem Solving Requests 3 Total Compliance Review Requests 3 Source: http://www.afdb. There were 15 complaints in 2007 and 40 in 2008 which were mostly procurement issues.iadb.opic. of Cases in IRM Register (since 2007) 2004-2010 6 Source: http://www.
7 cofinanciers). Environmental and Impact Assessment Land acquisition. JBIC: $120 million). compensation. while the remaining 2 were affected but have been treated fairly by the project. Complaint received on21 February 2005. Loan 1765-INO Community Empowerment for Rural Development Project. and (iv) participation and decision making. Complaint received on 9 September 2006. and where appropriate. including 3 representing NGOs and 5 villagers (who requested confidentiality). 2. The issues raised were: Village infrastructure (flaws in design and construction). 4 individuals filed complaints for the following issues: (i) (ii) (iii) Access to information. Complaint was received on 9 June 2004. approved on 21 December 2000 (ADB: $120 million. (iii) information. The mediator felt that the complainants' perceived grievances could not be resolved within the forum of a mediated settlement. (ii) sequencing of project components. 4. Complainants and Issues Complaint received on 3 May 2004. Loan 1820-NEP (SF): Melamchi Water Supply Project (MWSP). Forestry. Loan 1711-SRI (SF): Southern Transport Development Project (STDP). 8 persons. The complainants filed a request with CRP on 2 Dec 2004 Issues were resolved to the satisfaction of all parties.2 M). approved 19 October 2000 (ADB: $170. and resettlement. 3. (i) OSPF in its final report concluded that it was ―confident that future complaints will be dealt with efficiently through project's complaint mechanism at the local level‖. (iv) (v) (vi) (vii) OSPF carried out review and site visit. Loan 2231 (SF)-PK: National Highway Issues raised in the complaint were resolved to the satisfaction of all . (The CRP after its eligibility mission deemed the case ineligible). 3 NGOs representing 25 complainants. received compensation. approved on 22 November 1999 (ADB: $90 million. An external mediator was retained. Status The complainants withdrew and filed a request with CRP on 6 December 2004. Indigenous people. Agriculture. Social Upliftment Program. It concluded that 2 of the complainants are not adversely and materially affected.56 Appendix 4 SUMMARY OF ELIGIBLE COMPLAINTS HANDLED BY THE OFFICE OF THE SPECIAL PROJECT FACILITATOR: 2004 – 2010 Projects 1.. The issues include: (i) (ii) (iii) Environmental and Impact Assessment. Compensation and Resettlement The complaint was concluded without settlement. Social Impact Assessment.
and not entitled under government rules to the same compensation as residents. China. Complainants and Issues parties. resettlement and compensation for losses. 5 families agreed and two did not. Loan 1659 – CAM: Phnom Penh to Ho Chi Minh City Highway Project. Complaint was received on 30 July 2007. information and consultation Status OSPF Annual report noted. This complaint was thus resolved.‖ 5.The complainants are not registered local residents but moved to the area in 1994 when they purchased land from local farmers and constructed their houses. The Government agreed to provide the affected people with economy houses. with commercial financing). livelihood OSPF Annual report noted: ―At the request of the complainants. The government later changed the project design and ceased to request resettlement of the families. This development offered an opportunity to solve the problems that the complainants had originally brought to OSPF. A group of 7 families who were to be resettled under the Nantai Island river rehabilitation component of the project filed complaint on the following issues: Resettlement . The In the formulation of the course of action. In view of this. Issues raised included: (i) (ii) (iii) realignment of a bypass. 6. ―The complainants confirmed that they were satisfied with their compensation and the underpass.Appendix 4 57 Projects Development Sector Investment Program (NHDSIP). Complaint was received on 15 January 2009. and considering that the consultation process had been held in abeyance for nearly 2 years. Loan 2176-PRC: Fuzhou Environmental Improvement Project. ADB approved a TA for an income restoration program aimed at helping the affected persons deal with their accumulated debt burdens and reestablish their livelihood activities. The two families filed a . approved on 29 July 2005 (ADB: $55. land titling. Committee of Affectees of Muzaffargarh Bypass" (comprising 53 members) filed the complaint. OSPF believed there was a need for a structured participatory consultation process assisted by an independent facilitator.8 M. approved on 14 June 2006 [ADB: MFF of up to $770 M (OCR) & $3 M (SPF)]. SPF hired a mediator from Hong Kong. OSPF postponed the consultation process while the government and the ADB Cambodia Resident Mission pursued efforts to solve the problems. NGO Forum (Cambodia) filed complaints on behalf of affected persons in the villages of Krang Khok with 41 affected persons and Steung Slot with 22 affected persons on the following issues: (i) (ii) (iii) Compensation. OSPF informed the complainants in late 2009 that the complaint would be closed. approved on 15 December 1998 (ADB: $40M). The government considers the land purchase illegal. During 2009. to improve communication among the parties and help them understand each other and support a joint search for solutions.
cattle passes. which precluded subsequent missions during 2009.‖ 8. 7. it appears that the plant's construction may be substantially delayed by uncertainty about its size and cost-sharing arrangements. The complainants are 2 signatories. From OSPF Annual Report: ―ADB closed the loan at the end of July 2009 and is discussing with the government whether to include the wastewater treatment component under a new project expected to be approved in 2010. Complaint received on 28 May 2009. approved on 22 October 2008 [ADB: $ 340 million (1st tranche) and $ 187million (2nd tranche)]. OSPF's consultant organized a meeting in December 2009 to explain the process of land valuation to the complainants and provide an opportunity for them. The issues raised included: (i) (ii) Land acquisition. Complaint received on 5 November 2009. Issues raised included: (i) (ii) (iii) (iv) Information. From OSFP Annual Report: ―OSPF's ability to pursue the consultation was limited by the security situation in Pakistan. A NGO. the Taraz Press Club Public Union. . However.‖ Consultation Ongoing. They claimed to represent at least 30 other villagers. ADB. participation. approved on 18 December 2003 (ADB: $45 million). 9. Loan 2562-KAZ: CAREC Transport Corridor I Investment Program. Loan 2060/2061PAK: Southern Punjab Basic Urban Services Project. approved on 13 December 2005 (ADB: $20 million). The information on the complainants is not public yet. The issues included: (i) (ii) Resettlement. Signatory was 1 individual who claimed that he represented 58 complainants (43 men and 15 women) who were negatively affected by the Waste Water Treatment Plant. and discuss next steps. Environment.58 Appendix 4 Projects Complainants and Issues complainants felt this was not consistent ADB's 2004 resettlement plan. raise concerns. ADB closed the loan at the end of August 2009 and is discussing with the government whether to include the sewage treatment plant component in a new project scheduled for 2010. Status compliance review request to CRP. underpass for agricultural machinery. Complaint received on 27 February 2009. Compensation. Loan 2211PAK/2212PAK(SF): Rawalpindi Environmental Improvement Project (Sewage Treatment Plant Component). and the government to share information. facilitated the complaint.
Detailed information is not yet public. Loan 2533 – KGZ: CAREC Transport Corridor 1 (Bishkek-Torugart Road) Project 2 (approved 14 July 2009 (ADB: $50 million) Complainants and Issues Status Complaint received: 5 August 2009). Loan 2053 – TAJ: Education Sector Reform Project (approved 17 December 2003 (ADB: $7. Consultation Ongoing Complaint received: 20 September 2010.5 million. Consultation Ongoing . Detailed information is not yet public.Appendix 4 59 Projects 10. 11.
(ii) The CRP obtained from the SPF materials relating to the complaint in the consultation phase. The fifth monitoring report (covering 2008/2009) was the last report made. the CRP concluded in June 2010 that ADB: (i) Complied with 24 of the 29 recommend ations. with material adverse effect on Chashma affectees. The complaint was lodged by 4 individuals. The CRP prepared and issued annual monitoring reports in 2005. the Panel concluded that sufficient progress was made and that. The CRP noted that requesters disengaged in March 2004 when the inspection panel carried out its investigation in the project area due to their. Nepal Melamchi Water Supply Project (1820-NEP (SF)). The CRP filed a mission and could not verify alleged direct and material harm and policy violations and deemed the request not eligible. there was no need for the Panel to extend its monitoring mandate beyond 5 years. with authorization to represent Project affectees. approved on December 1991 (ADB: $185 million in 1991. and 2008. and 1 recommend ation had been superseded by events. CRP also carried out an eligibility review mission in Nepal including a site visit to the project area. Loan 1146PAK: Chasma Right River Bank Irrigation Project. the Board approved the monitoring by CRP of the implementation of the remedial actions to bring the Project back into compliance. 2006. 2007. Displacement and the lack of adequate compensation and resettlement. and the development of the action plan. and lack of information sharing. "…dissatisfaction with the development and consultation processes associated with the grievance redress and settlement committee (GRSC) and its recommendations. Issues included: projectinduced flooding and involuntary resettlement. The Board approved the recommendation. the Board's support for the GRSC. consulted with stakeholders. Partially complied with 4 recommend ations. consultation and participation of affected people.60 Appendix 5 SUMMARY OF REQUESTS FOR COMPLIANCE REVIEW: 2004 -2010 Projects 1. Requests Request received on 4 June 2002 under the previous Inspection Function of ADB. Responses In March 2003. inadequate compensation for loss of land. the BIC submitted its report to the Board recommending an inspection to commence in December 2003." In August 2004. 2. other assets and livelihoods. Results After 5 years of monitoring. The ADB loan of $120 million for the Project was approved in CRP received requests from 4 requesters on 12 November 2004. It carried out a desk-based review of relevant materials. The following complaints were raised: (i) Inappropriate or inadequate information disclosure. The final report was submitted in June 2004. The requesters claimed ADB breached its operational policies and procedures in formulating and processing the supplementary financing Project. in the circumstances. (ii) (iii) Of the 4 recommendations where ADB had achieved partial compliance. .5 million in June 1999). additional financing of $33. and an inspection panel conducted the investigation in early 2004.
and anticorruption. The CRP has monitored the implementation of the remedial actions identified in the final report on the investigation. (vi) Damage to crops and livelihoods due to reduced flows. Of the original 19 recommendations. The request was submitted by the Joint Organization of the Affected Communities of the Colombo Matara Highway. damage to the environment. gender and development in ADB operations. and human rights violations. degradation of wetlands. involuntary resettlement. loss of livelihoods. . damage to five temples. benefit monitoring and evaluation. representing 28 persons negatively affected by the Project on 2 December 2004. and contractors associated with the Project. economic analysis. The alleged harm included loss of homes. The CRP conducted an extensive review of available documentation in Manila and in Colombo. (iv) Destruction of community forests. Requests (iii) Loss of livelihoods due to the shutting down of water mills (grain mills) and micro hydro for local energy consumption. and a wide range of current and past staff. approved on 25 June 1999 (ADB: $90 million as supplementar y loan was approved in March 2008). the affected people of Sri Lanka. (v) Destruction of irrigation canals. dispersion of integrated communities. the CRP visited the project site twice to become familiar with the issues and challenges faced by all stakeholders. The Requesters stated alleged violations of ADB's operational policies and procedures which have caused harm to them. incorporation of social dimensions in ADB operations. With the support the Government of Sri Lanka (GOSL). and (vii) Displacement and other adverse effects on IPs and communities. The CRP th concludes in its 4 Annual Monitoring Report for STDP that considerable progress had been made in implementing the recommendations formulated in 2005. procurement of goods and services. Responses Results 3. formulation and implementation of loan covenants. The CRP determined that the request was eligible and the Board authorized a compliance review. and ADB staff. processing of loan proposals. the negative effects of resettlement. consultants. It also carried out interviews with the Requesters and project affectees.Appendix 5 61 Projects December 2000. 17 were fully compile with and only 2 that were partially complied with. Loan 1771SR (SF): Southern Transport Developmen t Project. governance. including environment.
(ii) (iii) (ii) (iii) (iv) The CRP acknowledged the decision of the PRC to change the project design. including: (i) insufficient compensation to replace lost housing for residents without legal title. . and finally previous project site visits by the OSPF should provide the CRP with sufficient information for its compliance review. with commercial financing). the proposed site visit was therefore no longer necessary. As part of the eligibility process. Results The CRP stated that it is unable to complete the compliance review due to a lack of site visit. a senior government official who visited the project site confirmed that the requesting parties no longer lived in the area. Requests CRP received a request signed by 2 individuals for compliance review on 3 June 2009. and considered that a site visit to be necessary to corroborate the claims made by the requesting parties and to give them to interact directly with the CRP and to present their best evidence to support their claims. Issues raised related to ADB's Involuntary Resettlement Policy (IRP). The SPF had previously dealt with a complaint from 7 affected households. In the government's view. the change was made after the compliance review request had been filed.62 Appendix 5 Projects 4. The Government declined the site visit for the following reasons: (i) the resettlement plan was in accordance with both PRC and ADB relevant policies. the CRP stated that the change in project design would not obviate the need to investigate whether ADB had previously failed to comply with its operational policies and procedures.8 M. rerouting of the river had made the compliance review request obsolete. approved on 29 July 2005 (ADB: $55. Loan 2176PRC: Fuzhou Environment al Improvemen t project. however. and inadequate information dissemination and consultation Responses CRP began with a desk review documents. absence of rehabilitation measures to offset a loss of income.
the Management. (ii) No single point of entry. (iii) Can use English and other national or official languages. (i) Track complaints referred back to operations departments. (i) Requesters and the Management respond to draft CRP report. and staff. Credibility (i) CRP appointments recommended by the President. Eligibility (i) PCR as cut-off date sometimes lacks clarity. Process (i) No mandatory requirement for citing specific policy violations. and SPF reports to the President well reflect the distinct nature and needs of the process. (i) Complaints referred back to operations departments are not tracked. High degree of transparency in systematically and comprehensively disclosing information. (i) Introduce Management response. (i) Process complex. Monitoring (i) SPF and CRP are empowered to monitor implementation of actions. (ii) Inform and coordinate with the borrowing country. (i) Long cut-off date. Awareness (i) Systematic outreach has increased.Appendix 6 63 SUMMARY OF ASSESSMENT OF THE ADB ACCOUNTABILITY MECHANISM Areas Strengths Weaknesses Access (i) Awareness is limited. (iv) Can be submitted through various means and to various points. Proposed changes (i) Enhance outreach. (i). (ii) CRP reports not shared with the borrowing country. given due consideration to confidentiality. (ii) Minimum document requirements. (ii) Lack of interaction between CRP and Management and staff lead to isolation. . (ii) Clarify cut-off date. (i) Simplify process. (ii) Problem solving empowers complainants with an active role in decision making. Transparency Participation (i) Lack of Management and DMC response to the request at the eligibility stage. (ii) Introduce a single point of entry. Independence (i) The arrangements that CRP reports to the Board. (ii) Enhance interaction between CRP. (i) Enhance CRP independence through appointments in line with IED.
(i) Clarify the mandate between problem solving. problem solving. (i) Enable direct access to CRP. (ii) Rigid and long CRP monitoring time frame (5 years) for every project. (ii) Allocate ‗variable costs' at optimum level based on demand and work requirements. (ii) Clarify the roles between performance auditing and compliance review. (ii) Misperception between compliance review and performance auditing. and between compliance review and project management. (i) problem solving was given top priority. Structure Effectiveness (i) A sound dual consultation and compliance review structure in place. Relevance Sequence Mandate (i) Dedicated support for the consultation and compliance phases. compliance review. . Proposed changes (i) Set realistic time frame. (i) Define the ‗fixed costs' required regardless of the number of cases. and project administration. and early compliance. (i) Requiring compliance review after complaints first approached SPF creates perception and practical problems. (ii) Simplify processes.64 Appendix 6 Areas Strengths Weaknesses Efficiency (i) Actual consultation and compliance review time exceeded the expected time frame. (ii) Staff numbers stipulated in the policy lead to operational rigidity. (iii) fully utilize grass root level mechanisms for problem prevention. (i) Operating costs per case highest compared to other AMs. (ii) Complainants can exit the consultation stage and file compliance review throughout the process. Costs (i) ADB has provided sufficient resources for AM. (i) Both consultation and compliance review have been relevant. Time (i) Expected time frame clearly specified in the policy. (iv) optimize the SPF and CRP monitoring time frame. (i) CRP mandate to make recommendations blurred the distinctions between problem solving and compliance review.
Weaknesses (i) Learning is still limited. (i) Learning from experience of ADB and other AMs. Addressing the above issues will contribute to improved outcomes. Site visit (i) defined in the policy. OSPF advisory role has been beneficial. (i) Actual implementation problematic. Outcomes Consultation and compliance review deliver tangible outcomes for affected people.Appendix 6 65 Areas Learning lessons Strengths Systematic learning has been carried out. (ii) Compliance review is sometimes seen as adversarial. develop a sound approach to address problems. and improves project quality. Source: ADB . Proposed changes (i) Improve learning (ii) Institutionalize a cultural change.