How to File a Claim with the Office of the Special Project Facilitator
In order to file a claim, complainants must first direct their request to the Office of the Special Project Facilitator.
Who is eligible?
Complaints to the Accountability Mechanism can be filed by:
- any group of two or more people (such as an organization, an association, or a group of individuals) who are being directly affected, or are likely to be affected, by an ADB-assisted public or private sector project located in their borrowing member country, or a member country adjacent to their country;
- a local representative, such as a non-governmental organization (NGO), who files on behalf of a directly affected community, with proof that s/he has been authorized to do so by that community;
- in exceptional cases where local representation is not available, such as in countries where local NGOs are not allowed to operate, or where there is fear of government retaliation, a non-local representative can file on behalf of a directly affected community, with proof that s/he has been authorized to do so by that community. The SPF must agree to this representative.
Complainants can request that their identities be kept confidential. In such cases, their identities will be kept secret, even from other Bank staff. The SPF cannot accept anonymous complaints.
Complaints must be submitted in writing and be specifically addressed to the Special Project Facilitator. They can be sent by mail, facsimile, electronic mail, hand delivery to the SPF at ADB headquarters, and to any ADB resident mission or representative office, which will forward the complaint to the SPF. (See BIC’s ADB webpage for Bank contact information.) Complaints can be submitted in any of the official or national languages of the ADB’s Developing Member Countries (DMCs).
What must be stated in a complaint to the SPF?
A complaint must include:
- A statement that the complainant is, or is likely to be directly harmed by an ADB project
- A statement that the harm is, or will be, caused by the ADB’s actions or omissions
- A description of the harmful effects
- The identity and contact information of the complainant, and if applicable, of any representative.
- In cases where the complaint is filed by a representative on behalf of a community, proof of the representative’s authority. The affected community can either sign the claim itself or provide written authorization designating their representative.
- A brief description of the project, including the name and location if available
- The ways in which the complainant would like the ADB to help
- A description of prior steps taken by the affected community to raise their concerns with Bank management
If any of the above information cannot be provided, the complainant should explain why.
Tracking the SPF Process
How to File a Claim with the Compliance Review Panel
Who is eligible?
Anyone who meets the eligibility requirements for filing a claim with the SPF, and has done so, is eligible to file a claim with the CRP.
If the SPF has already found the case to be eligible, it is automatically eligible under the CRP as well. If the SPF has found the case to be ineligible, the CRP determines independently whether in its judgment the request for compliance review meets the CRP’s eligibility criteria.
Why should I file a claim with the CRP if I have already filed a complaint with the SPF?
Complainants may want to file a claim with the CRP if one of the following things were to occur during the SPF process:
- The SPF finds the complaint to be ineligible
- The complainant is not satisfied with the SPF’s assessment of the case and the proposed problem-solving method
- If during the time in which the problem-solving method is being carried out, the complainant is not satisfied with its results and wishes to walk away from the consultation phase
- If during the time in which the problem-solving method is being carried out, the complainant is satisfied with the results, but believes there are serious ADB policy violations that should be addressed, the complainant can file a claim with the CRP while continuing to participate in the problem-solving method.
What must be stated in a complaint to the CRP?
A complaint to the CRP should include the same information that would be submitted in a claim to the SPF. Although complainants are not required to cite specific policies which they believe the ADB has not complied with, they may choose to do so.