Accountability Mechanism

The Accountability Mechanism of the Asian Development Bank (ADB) exists to provide an independent and effective forum for those affected by ADB-assisted projects to voice their concerns.

Filing a Complaint

ADB's Accountability Mechanism is the last resort for raising issues and addressing problems. Project-affected people (complainants) must first contact the concerned ADB operations department and try to resolve their issues and complaints. If they are not satisfied with the solutions offered by ADB staff, they can file a complaint with the Complaint Receiving Officer (CRO) to reach the Special Project Facilitator (SPF) or the Compliance Review Panel (CRP) as a last resort.

Who Can File

  • any group of two or more people in a borrowing country where the ADB-assisted project is located, or in an adjacent member of ADB;
  • people who are directly, materially, and adversely affected; this means people who are harmed or might be harmed by ADB projects;
  • a duly authorized local representative of the affected people;
  • a duly authorized nonlocal representative in exceptional cases where local representation cannot be found and the SPF or CRP agrees; or
  • for the CRP, one or more ADB Board members.

What to Say

Language

Complaints may be submitted in any of the official or national languages of ADB’s developing member countries. Additional time, however, will be required for translation. The working language of the Accountability Mechanism is English.

Form

Complainants are welcome to file the complaint in their own words without following the sample complaint letter or form, but should provide the required minimum information listed below.

Contents of the Complaint

  • ADB-assisted project
    (brief description, name, and location)
  • Direct and material harm that has been, or is likely to be, caused to the complainants by the ADB-assisted project
  • Project-affected persons
    (i) Names, (ii) designations, (iii) addresses, and (iv) contact information of the complainants
  • Representative/s, if any
    If a complaint is made through a representative: (i) name, designation, address, and contact information of the representative; (ii) names of the project-affected persons on whose behalf the complaint is made; and (iii) signed evidence of authority to represent them.
  • Confidentiality of identities

    Complaints should state whether or not complainants want to keep their identities confidential.

    Note: Complainants' identities will be kept confidential from relevant ADB parties other than SPF and CRP, unless they agree to disclose their identities. Authorized representatives' identities will be disclosed, unless they are complainants themselves.

  • Choice of function
    Problem Solving or Compliance Review.

    Note: If complainants choose problem solving, they may request for compliance review if they feel it is necessary, but only: (i) upon completion of Step 3 of the problem-solving process (paras. 169-173 of the AM Policy), if complainants have serious concerns on compliance issues; or (ii) when complainants exit the problem-solving process.

    If the complainants choose compliance review, they may go to problem solving if the CRP declared their complaint ineligible.

  • Prior good faith efforts with the operations department

    A description of the complainants’ good faith efforts to address the problems first with the ADB operations department concerned, including the resident mission (How, when, by, and with whom were the efforts made?), and the results of these efforts.

    Note: The Accountability Mechanism is a last resort mechanism. Project-affected persons are encouraged to first address the issue with available grievance mechanisms at the project level, and they are required to make good faith efforts to address the issue with the relevant ADB operations department.

Exclusions

Complaints will not be entertained if they are:

  • about actions not related to something ADB did or not do in formulating, processing, or implementing an ADB-assisted project;
  • about an ADB-assisted project for which 2 or more years have passed since the loan or grant closing date.
  • about matters that complainants have not made good faith efforts to address with the operations department concerned;
  • about decisions made by ADB, the borrower or executing agency, or the private sector client on the procurement of goods and services, including consulting services;
    Submit a procurement/consulting process complaint
  • about allegations of fraud or corruption in ADB-assisted projects or by ADB staff;
  • about the adequacy or suitability of ADB’s existing policies and procedures;
  • frivolous, malicious, or trivial, or one generated to gain competitive advantage;
  • within the jurisdiction of ADB's Appeals Committee or ADB's Administrative Tribunal, or relate to ADB personnel matters; and/or
  • about ADB’s non-operational housekeeping matters, such as finance and administration.
Additional exclusions under the Problem-Solving Function
  • matters already considered by the SPF, unless the complainants have new evidence previously not available to them and unless the subsequent complaint can be readily consolidated with the earlier complaint; and/or
  • matters being dealt with or already dealt with by the CRP (including those that have completed the compliance review process), except those complaints considered ineligible for compliance review by the CRP.
Additional exclusions under the Compliance Review Function
  • relating to actions that are the responsibility of other parties such as the borrower, executing agency, or potential borrower, unless the conduct of these other parties is directly relevant to the assessment of ADB's compliance with its operational policies and procedures;
  • do not involve ADB’s noncompliance with its operational policies and procedures;
  • relating to the laws, policies, and regulations of the borrowing country, unless they directly relate to ADB's compliance with its operational policies and procedures;
  • matters already considered by the CRP, unless the complainants have new evidence previously not available to them and unless the subsequent complaints can be readily consolidated with the earlier complaint; and/or
  • being dealt with by the SPF up to the completion of step 3 of the Problem-Solving Function.

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Contact

Complaint Receiving Officer
Accountability Mechanism
Asian Development Bank
6 ADB Avenue, Mandaluyong City 1550
Metro Manila, Philippines

About the Complaint Receiving Officer

The single point of entry for complaints and serves as the first contact for project-affected people under ADB’s Accountability Mechanism. After filing a complaint, there are two options available.

Related Links

 

Receiving and Handling Complaints

Receiving and Handling Complaints

Step 1: Receiving and registering the complaint

  Within 2 days of receiving the complaint
  • The complaint is filed with the complaint receiving officer (CRO).
  • The CRO informs the Special Project Facilitator (SPF) and the Compliance Review Panel (CRP) chair, providing a copy of the complaint letter.
  • The complaint is entered into the Accountability Mechanism Complaints Registry.
  • The CRO ensures the confidentiality of complainant identities, if requested.

Note: Other ADB departments should forward complaints received to the CRO.

Step 2: Acknowledging the complaint

  Within 2 days of receiving the complaint
  • The CRO acknowledges receipt of the complaint and sends an information packet to the complainants.
  • Where complainants have clearly chosen either problem solving or compliance review, the CRO gives 21 calendar days to change their choice and to notify the CRO.
  • If the choice is not clear, the CRO requests complainants to clarify their choice.

Step 3: Forwarding the complaint

  Within 5 days after the 21-day deadline for complainants to change their choice
  • Upon receiving the complainants’ choice of function, the CRO decides (by interpreting the complainants’ choice of function) which department to forward the complaint to and shares that decision with (i) the SPF; (ii) the CRP chair; (iii) the operations department; and (iv) other departments or offices, if any. The CRO gives them 3 days to object to this interpretation of the complainants’ choice.
  • If there are no objections to the CRO decision, the CRO will forward the complaint to the relevant department, i.e. (i) the SPF, or (ii) the CRP chair, or (iii) other departments or offices (if the complaint falls outside the Accountability Mechanism mandate).

Returning complaint to complainants (if needed)

  • The CRO will return the complaint to the complainants with a request to clarify the choice of function if (i) the choice was unclear; or (ii) an objection is raised by the SPF, CRP chair, operations department, or other relevant department or office.
  • The complainants must clarify their choice within 60 calendar days of the CRO request for clarification.

Note: If the complaint needs to be returned, the CRO resends the information packet to explain the two available functions.

Step 4: Informing the complainants

  Within 2 days of forwarding the complaint to the relevant department or failure of the complainants to clarify their choice
  • The CRO informs the complainants and their representative(s)—if any—which department and/or function will handle the complaint and the contact person(s).
  • If the complainants do not clarify their choice within 60 calendar days, the CRO informs them that the Accountability Mechanism process has ended.