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Access to Information:

Demands for Bolder


Reforms
Civil Society Perspectives
Luz Julieta Ligthart, NGO Forum on ADB And Advocacy
May 6, 2017
ADB 50th Year Governors Meeting

The views expressed in these presentations are the views of the author(s) and do not necessarily
reflect the views or policies of the Asian Development Bank (ADB), or its Board of Directors or the
governments they represent. ADB does not guarantee the source, originality, accuracy, completeness
or reliability of any statement, information, data, finding, interpretation, advice, opinion, or view
presented, nor does it make any representation concerning the same.
Communities have the right to know how projects will impact their lives, livelihood and source of living
Information disclosure goes hand
in hand with accountability so that
impacted communities can raise
their complaints and grievances
The Framework by which CSOs see Information Disclosure:

When MDBs pass and adopt their Information Policies,


there is that recognition by and among banks(ADB and
AIIB) of the right of the people to seek, receive, and
impart information and ideas;
- Public Communications Policy (PCP) of the ADB as of Oct 2011 Being
renamed as Access to Information Policy (AIP) that is under review as of
November 2016
- AIIBs Public Information Interim Policy (PIIP) as of Jan 2016

Banks have committed themselves to the principle of


transparency which is required in order to be effective,
sustainable, and accountable for their operational and
sectoral policies.
Cont:

Information is to be disseminated within the


framework that this facilitates informed
participation in decision-making in a timely
manner, ensuring that affected and
interested stakeholders can effectively access
and understand the projects that are going to
impact their lives.

Procedures for processing such requests for


information should be simple, quick and free
and/or low-cost.
Cont:

Information Disclosure Policies are compliant with


the banks Safeguards Policy and Accountability
Mechanisms.

These serve to provide the mechanisms through


which project affected individuals and
communities are able to access required
documents to allow them to make necessary
actions and complaints. These include all project
related information, policy and operational
guidelines, contracts, and reports.
Guiding Principles:
Transparency
Banks activities will be made
available to the public

Accountability
- recognizes importance of public
information and communication
with stakeholders

Confidentiality
- the responsibility to restrict
access to information whose
disclosure could cause harm
that include personal
information, information
provided in confidence, financial
information, and deliberative
information

7
Guiding Principles:
The Access to Information Policy (AIP) promotes
transparency, accountability and the ability of
stakeholders to participate in the development that
affects their lives. with the following principles:

Presumption in favor of disclosure


Proactive disclosure
Right to access and impart information and ideas
Country ownership
Limited exceptions
Right to appeal
But still: ADB
Lacks the institutional commitment to
the needs of affected communities for
information beyond what it makes
available;

Failed to make any major


improvements on exceptions in their
policy;

Prevents public access to some of the


most basic information about private
sector activities compared to those in
the public sector;

ADB does not disclose country


partnership strategy prior to the public
consultation. And that
usually, it is a summary of the CPS
that's made available DURING and
not before the consultation.
What is lacking in AIIB?
AIIB has started financing projects
including stand alone ones even as it
remains as an interim policy and systems
are still being put in place;

The way the Policy is framed and its


corresponding system addresses a limited
target;

The supposed beneficiaries of projects are


not considered nor the way they could
raise their concerns since procedure for
appeals is not stated;

Overall, there is a lack of implementing


mechanism; still very broadly framed.
What can ADB and other MDBs
do?
Make information available throughout the project
cycle and key players in each stage (including
private companies, co-financiers) as an imperative.

Expand to more popular and easily accessible


communication methods and tools. Key project
documents for Category A should be available in
the local language at the same time as the English
version.
Cont:
Put in place and state clear redress,
complaints and compensation mechanisms
that are posted in public places and relayed
to communities during consultation
processes.
In cases when there is failure to respect
access to information including a refusal to
provide information in response to a request,
this should be reviewed independently, with
no bias and one that ensures integrity.

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