Asian Development Bank (ADB) | Accountability Mechanism (AM)
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Overview
Accountability Counsel advocates for the ADB’s Accountability Mechanism (AM) to be as effective as possible, meaning that it must be independent, fair, transparent, predictable, and accessible.
Asian Development Bank (ADB)
Created In: 1966
Headquarters: Manila, The Philippines
Member Countries: 67
Largest Shareholders: Japan and the United States
Mission: The Asian Development Bank aims for an Asia and Pacific free from poverty. Its mission is to help developing member countries reduce poverty and improve the quality of life of their people.
The Accountability Office: Accountability Mechanism (AM)
Established in: 2003
Functions: Compliance Review, Problem Solving
The Asian Development Bank (ADB) is a multilateral development financial institution (or regional development bank). The ADB works to reduce poverty in developing member countries through loans, technical assistance, grants, guarantees (insurance), and investments. Increasingly, the ADB is focusing on providing financing for projects aimed at climate adaptation and mitigation and aims to be “Asia and the Pacific’s Climate Bank.”
More than ten years since its last review between 2010-2012, the ADB’s Accountability Mechanism Policy is finally undergoing review. Accountability Counsel will work closely with civil society and community advocates in the region to advocate for an Accountability Mechanism that does not have onerous eligibility barriers, enshrines community agency through its processes, and results in the provision of remedy to affected communities.
Since 2018, Accountability Counsel has also been actively involved in strengthening accountability for financial intermediary clients of ADB and contributed to a draft version of ADB’s Accountability Mechanism Framework (AMF). This work also dovetails with our work on Chinese financing, as Chinese financial institutions were one of the main targets of the AMF work.
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Our Advocacy
In collaboration with regional partners, including the NGO Forum on ADB, Accountability Counsel actively advocates for the strengthening of the Asian Development Bank’s (ADB) safeguards and accountability infrastructure. Our work has included advocating for and participating in policy reviews, monitoring the functioning of the Accountability Mechanism, and supporting affected community initiatives in and around the region.
Strengthening ADB’s Accountability Mechanism
Since ADB’s announcement of the upcoming Accountability Mechanism (AM) Policy review, Accountability Counsel has been advocating for a review process that is independent, transparent, and consultative with project-affected communities and civil society organizations. In May 2023 and May 2024, Accountability Counsel attended ADB’s Annual Meetings to make the case for a stronger Accountability Mechanism that meets good practice followed by its peer institutions. In January 2024, ADB formally announced the review and proposed a two phase process. ADB also committed to releasing the external review report for a period of public consultation.
We have also submitted a brief to ADB’s Board of Directors that outlines both the procedural safeguards required to have an effective review and the minimum substantive changes we are seeking from the review, including reduced eligibility barriers, increased community agency through the process, and increased focus on remedy.
We have also benchmarked ADB’s AM policy against those of its sister institutions to demonstrate how ADB lags behind on good practice. Some of its fundamental shortcomings are:
- ADB’s Office of Special Project Facilitator is not independent from the management and is required to report to the President.
- ADB requires communities to engage with the Operational Department responsible for the project before accessing the AM.
- ADB does not consult communities on the Management Action Plan prior to board approval.
We will closely monitor the review process and will provide substantive recommendations on improving the Accountability Mechanism that is grounded in experiences of project-affected communities.
2021-2024 Safeguard Policy Review and Update
Accountability Counsel has participated in various public consultations to inform ADB’s new environmental and social safeguards policy. In March 2022, we submitted comments recommending that the safeguards include provisions to: more effectively incorporate lessons from ADB’s accountability mechanism (AM), enable meaningful remedy to communities for social and environmental harms, and improve ADB management’s constructive engagement with the AM. In addition, we recommended that the safeguards include a requirement for both clients and sub-clients to inform project-affected people about the availability of the AM. We urged ADB to think ahead to the forthcoming AM policy review and ensure that the new safeguards set a strong foundation for improving the mechanism’s effectiveness.
We also contributed to a letter sent to ADB in September 2022 amplifying the recommendations of communities who have experienced threats and retaliation after voicing concern about ADB-financed projects. The letter urges the new safeguards to include robust provisions on preventing and addressing such reprisals.
ADB will publish a draft safeguards policy in June 2023 and we will continue to engage in the consultations process by providing comments on the draft aimed at strengthening ADB’s accountability to local communities. The final safeguards policy is due to be published by early 2024.
Climate Finance and Accountability
As ADB increases its climate financing portfolio through IF-CAP and Energy Transition Mechanisms, Accountability Counsel will work alongside partners to ensure that ADB’s climate funding does not miss its mark. In February 2023, Accountability Counsel participated in consultations for the draft Guidance Note on Large Hydropower Plants, during which we shared lessons from relevant cases and submitted a letter calling for stronger due diligence and accountability provisions for large hydropower projects.
Please see Past Advocacy to learn more about Accountability Counsel’s past policy initiatives, including advocacy concerning the 2018 Workshops for Financial Intermediary Accountability and advocacy seeking to improve the Compliance Review Panel Chair Selection Process.
See here for more information on Accountability Counsel’s advocacy to the ADB.
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Past Advocacy
Examples of Past Advocacy Campaigns
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Resources
Asian Development Bank (ADB)
Created In: 1966
Headquarters: Manila, The Philippines
Member Countries: 67
Largest Shareholders: Japan and the United States
Mission: The Asian Development Bank aims for an Asia and Pacific free from poverty. Its mission is to help developing member countries reduce poverty and improve the quality of life of their people.
The Accountability Office: Accountability Mechanism (AM)
Established in: 2003
Functions: Compliance Review, Problem Solving
Projects funded by the ADB must follow the ADB’s Safeguard Policy Statement. The ADB also has an Access to Information Policy, which requires the bank to make certain types of documents publicly available.
The Accountability Office
The Asian Development Bank’s Accountability Mechanism provides a forum for people negatively affected by ADB projects to voice concerns and seek solutions. The 2012 Accountability Mechanism Policy directs the work of the mechanism.
The Accountability Mechanism has two separate functions:
- The Problem-Solving Function – The problem-solving function is run by the Special Project Facilitator (SPF) and responds to the concerns of project-affected people through consensus-based problem-solving methods.
- The Compliance Review Function – The compliance review function is run by the Compliance Review Panel (CRP) and allows project-affected people to file requests for investigation and review of compliance with the ADB’s operational policies and procedures.
Submit a complaint to the ADB Accountability Mechanism if:
- You and at least one other person have been directly, materially, and adversely harmed or are likely to be harmed by an ADB-supported project.
- It has been less than two years from when the grant or loan was closed.
The Complaints Receiving Officer receives and acknowledges your complaint and forwards it to the function you choose (the CRP or the SPF). The SPF determines eligibility of your complaint, attempts to facilitate an agreement between the parties involved and monitors the implementation of this agreement. You can walk away from this process at any time and request a Compliance Review.
The CRP determines eligibility, conducts an investigation, and analyzes whether the ADB has complied with its own policies and procedures. The CRP presents its findings to the ADB board, which decides the proper action. Once you begin the Compliance Review process, you cannot then use the Problem-Solving function for the same issues, unless the CRP finds your complaint ineligible.
For more information, see our brochure on the ABD’s Accountability Mechanism (with SOMO), our Accountability Resource Guide, or visit the Accountability Mechanism’s website.
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Documents
Institutional Documents
2012 ADB Revised Accountability Mechanism Policy
Key Documents by Release Date
September 2024 – ADB publicly disclosed and invited comments on three documents that will inform the Accountability Mechanism Policy review: 1. A Cost and Benefit Analysis of the Asian Development Bank Accountability Mechanism 2. An Impact Assessment Study of the Major Changes Introduced in the Asian Development Bank Accountability Mechanism Policy 2012 3. External Review of the Accountability Mechanism for the Asian Development Bank.
September 2024 – Accountability Counsel submitted comments on ADB’s draft Environment Action Plan 2024-2040.
June 2024 – Accountability Counsel and partners sent a letter calling for the ADB to enhance its CRP hiring process by including external stakeholders, including civil society, in the selection process. As a result, Accountability Counsel was invited to participate as an independent observer in the interview process for the candidates.
June 2024 –Accountability Counsel submitted an updated brief to ADB’s Board of Directors containing advice on the reform needed for ADB’s Accountability Mechanism Policy, 2012.
January 2024– Accountability Counsel submitted written recommendations on the Draft Environmental and Social Framework highlighting the importance of strengthening provisions relating to accountability and remedy for project-affected communities.
December 2023 – Accountability Counsel and partners sent a letter to the Board Compliance Review Committee calling for systematic consultations of CSO’s in the external review of ADB’s Accountability Mechanism Policy, 2012. The response from ADB publicly outlining their review process can be found here.
June 2023 – Accountability Counsel submitted a brief to ADB’s Board of Directors containing advice on the reform needed for ADB’s Accountability Mechanism Policy, 2012.
Feb-Mar 2023 – Accountability Counsel participated in consultations for the draft Guidance Note on Large Hydropower Plants and along with partners submitted a letter calling for stronger due diligence and accountability provisions for large hydropower projects.
Sep 2022 – Accountability Counsel supported a letter from communities facing retaliation, urging ADB to include robust provisions on preventing and addressing reprisals in its new safeguards policy.
Jul 2022 – Accountability Counsel and partners sent a letter calling for the ADB to include civil society participation in its SPF hiring process.
Jan-March 2022 – Accountability Counsel participated in consultations as a part of the review of the ADB’s safeguards policy and submitted written recommendations highlighting our lessons from the accountability mechanism.
Dec 2018 – Accountability Counsel and partners sent a letter calling for the ADB to enhance its CRP hiring process by conducting formal consultations with external stakeholders.
Aug 2012 – ADB released a Working Paper on its proposed Results-Based Financing scheme, which would link ADB disbursements directly to results achieved on a project.
Jul 2012 – Accountability Counsel submitted comments to the ADB about its proposed Results-Based Financing scheme.
Feb 2012 – ADB released its 2012 ADB Revised Accountability Mechanism Policy.
Sep 2011 – The ADB released a Second Working Paper with final recommendations for revisions on the Accountability Mechanism.
May 2011 – Accountability Counsel submitted follow up comments to the ADB on its April Working Paper.
Apr 2011 – ADB released a Working Paper on their Draft Revised Accountability Mechanism Policy.
Mar 2011 – Accountability Counsel, and 13 other civil society organizations, provided comments on the ADB’s Draft Revised Accountability Mechanism Policy.
Feb 2011 – ADB released a Draft Revised Accountability Mechanism Policy.
Nov 2010 – Accountability Counsel provided comments to the ADB regarding their existing Accountability Mechanism.