GTI Global Transparency Initiative

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GTI Urges African Development Bank to Hold Consultations

18th August 2010

The Global Transparency Initiative and leaders of several African groups on July 30 urged African Development Bank President Donald Kaberuka to conduct public consultations as it reviews its disclosure policy.

"As you begin this effort, we would like to encourage the Bank to conduct a consultation process to gather information and receive suggestions,” the letter states, noting that other international financial institutions have consulted with interested parties before rewriting their disclosure policies.

"Consultations will allow your institution to enrich the development of a new information policy and add credibility to the final product,” according to the letter. More specifically, the letter suggests that the Bank release draft policies and lay out in advance a system to receive input from the public.

"We recommend that you solicit ideas for a new policy both in writing and in public consultation meetings,” the letter states. The Global Transparency Initiative is a coalition of development groups and freedom of expression groups, focused on transparency at the IFIs.

The GTI members are: Institute for Democracy in South Africa, South Africa; Bank Information Center, USA; Article XIX, London; Access to Information Network, Philippines; Centro de Derechos Humanos y Ambiente, Argentina; Freedominfo, USA; Centre for Law and Democracy, Canada; Fundar, Center for Analysis and Research, Mexico; CEE BankWatch Network, Slovakia].

Also endorsing the letter were steering committee members of the new AfDB Civil Society Forum: Maurice Ouma Odhiambo, Programmes Officer at Ujamaa Center, Kenya; Aly Sagne, Président de Lumière Synergie pour le Développement, Senegal; and Mamadou Goita, Directeur Exécutif IRPAD/Afrique, Mali.

Will the ADB Rise to the Challenge?

14th June 2010

The Global Transparency Initiative June 14 issued its reaction to the June 2010 Consultation Draft of the Public Communications Policy of the Asian Development Bank, calling the draft "profoundly disappointing."

The comments was authored by Toby Mendel, Executive Director of the Centre for Law and Democracy, and Nepomuceno Malaluan, Trustee, Action for Economic Reforms and Co-convenor, Access to Information Network.

The GTI statement:

The Asian Development Bank’s (ADB) Public Communications Policy: Disclosure and Exchange of Information (PCP) came into effect on 1 September 2005. In accordance with the PCP, the ADB initiated a review of the policy in mid-February 2010. The first stage was to solicit comments on the existing policy, and in April 2010 the Global Transparency Initiative (GTI) provided detailed comments (see GTI Comments). Early in June 2010, the ADB released the first draft of the new policy, titled Consultation Draft. We note below the key problems the GTI has identified with this first draft, with a particular focus on exceptions, oversight and access by affected people.

When it was first adopted in 2005, the PCP was among the most progressive of the disclosure policies of the international financial institutions (IFIs). It established a true presumption in favour of disclosure, set out a relatively narrow regime of exceptions and provided for an internal level of appeal. Five years later, however, other IFIs have put in place more open disclosure regimes and introduced important new innovations. It is thus somewhat surprising that the ADB’s Consultation Draft contains almost no new measures to enhance openness. The provisions on exceptions and oversight are taken almost verbatim from the 2005 PCP. The Consultation Draft can thus only be described as profoundly disappointing from a transparency perspective.

One positive development is that the Consultation Draft does recognise that people have a right to seek and receive information about ADB-assisted activities (par. 35). While this falls short of full recognition of the right to receive information from the ADB, it is at least a stronger statement than in the earlier PCP. The names of those declared ineligible (blacklisted) to receive ADB loans and contracts has also been removed from the list of exceptions, in line with long-standing practice at other IFIs, such as the World Bank.

The main comment of the GTI on the Consultation Draft is that the ADB needs to take the review process seriously and to act in good faith. Given that five years have passed since the PCP was adopted, given the profound changes in the disclosure policies of other IFIs and given that a first round of consultation has already taken place, we do not consider the Consultation Draft to be a serious effort at reform.

The GTI would like to highlight the following key reform needs:

Exceptions
 The deliberative process exceptions found in paragraphs 136(1) and (2) need to be narrower. They should list specific interests to be protected – such as the free and frank provision of advice, the success of policies, and testing and audit procedures – instead of referring to the very vague notion of “the integrity of the ADB’s deliberative and decision-making process”.

 The commercial exception should apply only where disclosure of information would harm the legitimate commercial interests of those who provided it. To this end the policy: should not envisage confidentiality agreements with businesses (see definition of confidential business information and paragraph 140); should not allow co-financers to veto the disclosure of information (see paragraph 108); and should not contain a blanket exception in favour of private sector (nonsovereign) legal agreements (see paragraph 114).

 The exception in favour of privacy (see paragraph 136(4)), should incorporate a harm test (such as unreasonable disclosure of private information).

 The Board of Directors should not receive special protection over and above that accorded generally to other ADB-held information (see paragraph 136(7)). Board meetings should be open to the public and transcripts of these meetings should be made available on a proactive basis.

 The rules on release of information in the public interest should be mandatory and apply whenever the overall public interest in disclosure outweighs the harm (paragraph 139).

Oversight

 The ADB should maintain the PDAC as an internal level of appeal (see paragraphs 158-159) but it should also put in place an independent body to consider appeals from decisions of the PDAC (an external level of appeal).

Access by Affected People

A key issue raised in our consultations and original submission is the failure of the PCP to secure effective access to information by people directly affected by ADB programs and projects. ADB representatives have insisted, in consultations with us, that the problem is one of implementation rather than a substantive weakness of the PCP. We strongly disagree. We specifically call for the following:

 The development of joint communication plans for ADB assisted projects and programmes should be mandatory and not merely discretionary (see paragraph 85).

 Communication strategies should be developed which are appropriate for the project or programme, taking into account factors such as the nature and scope of the project and its location, the profile of the affected people, gender considerations, and the expected level of public interest in the project.

 The plan should indicate how and when an affected community will be notified about a relevant project and notice of this should be disseminated in appropriate ways, such as on local notice boards or announcements through the mass media. The notice indicate how more detailed information about the project may be accessed.

 For projects affecting communities, an information centre should be set up which is located within the community. These should contain copies of all publicly available information on the project, updated on a rolling basis. Key information should be produced or translated into an accessible form and language.

 The communication plan should set out who is responsible for monitoring and reporting on implementation, and the mechanisms for this.


Overall, we note that the June 2010 Consultation Draft fails to respond positively to our recommendations on the PCP provisions on exceptions, oversight and access by affected people. As such, the detailed comments and recommendations of the GTI, cited above, as well as the GTI-NGO Forum on the ADB joint submission and the NGO Forum on the ADB report on the PCP, remain relevant to the June Consultation Draft. We urge the ADB to take them seriously into account as it moves forward in developing a revised PCP.

The Bank's conceptual leap with limits

7th April 2010

Study highlights World Bank’s revised efforts at transparency

In December 2009, the World Bank released a revised policy on access to information. Civil society organizations have long sought expanded access to information in order to strengthen stakeholder engagement in development decision-making. In many respects, the Bank’s new policy responds to these calls. By shifting the structure of its policy and opening up new categories of routinely disclosed information, the Bank significantly broadens its transparency horizon.

Bruce Jenkins, a consultant with the Bank Information Center (BIC), examines the gaps and gains in the World Bank’s revised information disclosure policy in his March 2010 study entitled “The World Bank’s New Access to Information Policy: Conceptual leap with limits.” The assessment finds that while the new policy recognizes the centrality of transparency and accountability to the development process and includes principled commitments to strengthen public ownership and oversight of Bank-financed operations, a number of provisions compromise these objectives.

First, World Bank has made important progress in the realm of transparency. The new policy represents a conceptual leap for a leading international institution that could signal – and catalyze – changes in the Bank’s organizational culture toward greater openness. The policy rests on five key principles: maximizing access, clear exceptions, safeguarding the deliberative process, clear disclosure procedures, and the right to appeal. While not comprehensive, these principles are commonly found in national freedom of information systems, and correspond to some principles articulated in GTI’s Transparency Charter.

Though despite such gains, limitations to information access remain. The policy overextends protection of deliberative processes to the detriment of stakeholder engagement. The appeals and override mechanisms are constrained. Overly broad exceptions restrict critical categories of information. Importantly, as the Bank revamps its business model in the face of a more competitive development finance market, a range of transparency concerns could arise.

Finally, policy implementation is key to ultimately ensuring a culture of transparency at the institution. The new policy becomes effective July 1, 2010. In order to implement the new policy, the Bank needs to retool its internal information management systems and procedures, its public websites and, critically, its public dissemination and outreach strategies. It has put together an implementation plan and working groups in order to meet the July deadline. Amy Ekdawi, Manager of BIC’s campaign for World Bank transparency emphasized that “a key indicator of proper implementation would be the accessibility of information for those who are most affected by Bank’s operations - poor citizens in developing countries.”

According to Jenkins, “despite the limitations, the Bank’s new access to information policy places the Bank at the leading edge of transparency among the international financial institutions." He added that “full implementation in the face of countervailing pressures will be shaped by internal tussles over resources, turf, and the political muscle of powerful shareholders. External scrutiny, testing, and pressure from civil society organizations is required to bolster forces within the Bank that support participatory development decision-making.”

READ THE REPORT

The World Bank's new access to information policy: Conceptual leap with limits, by Bruce Jenkins, Bank Information Center, March 2010 (PDF, 409 KB)

Contact:

  •  Bruce Jenkins, Consultant, Bank Information Center:
    bjenk@mac.com, 202-329-6875

  •  Amy Ekdawi, Transparency Campaign Manager, Bank Information Center:
    aekdawi@bicusa.org, 202-624-0631
  •  Rebecca Harris, Information Services Coordinator, Bank Information Center: rharris@bicusa.org, 202-624-0632

World Bank approves revised Policy on Disclosure of Information

23rd December 2009

The World Bank released the final adopted version of "Toward Greater Transparency Through Access to Information: The World Bank’s Disclosure Policy," effective date 1 July 2010. The Global Transparency Initiative (GTI) congratulates the World Bank for the significant improvements of the new policy over its predecessor and looks forward to policy implementation.

Today, Wednesday 23 December 2009, the World Bank released the final adopted version of Toward Greater Transparency Through Access to Information: The World Bank’s Disclosure Policy, effective date 1 July 2010. The Global Transparency Initiative (GTI) congratulates the World Bank for the significant improvements of the new policy over its predecessor. According to Toby Mendel, Senior Legal Advisor, ARTICLE 19: “The policy breaks important new ground, not only for the World Bank but for all international financial institutions (IFIs), in particular inasmuch as it accepts for the first time the principle that all Bank information should be available to the public unless it falls within the scope of the regime of exceptions.”

Several types of previously unreleased documents will now be accessible to the public. For the first time, the Bank will release documents throughout project implementation, enabling citizens and civil society to monitor project progress and fight corruption. The World Bank will also publicly release several types of documents at the same time they are sent to the Board for consideration, a practice known as “simultaneous disclosure.”

The revised policy contains some important new features. These include an improved system for information requests, a groundbreaking commitment to establish an independent appeals panel to review complaints, and a commitment to assess whether a review of its translation framework is necessary.

At the same time, the policy fails to meet the standards set out in the GTI’s Transparency Charter for International Financial Institutions. According to Toby Mendel, “The procedural achievements of the policy may be largely undercut by the seriously overbroad regime of exceptions.” Such exceptions include unduly broad protection for internal information through a wide “deliberative process” exception, along with government and third party vetoes over the release of information.

Implementation of the policy is of paramount importance, as a progressive policy without the necessary means for implementation means little. The goal must be improved access to information for civil society and local stakeholders that results in enhanced participation and improved development effectiveness.

The World Bank began discussions on implementation immediately following the 17 November approval of the disclosure policy. The Implementation Working Group is divided into seven sub-groups that will hash out the specific details of implementation. Each sub-group will produce detailed work plans and budget estimates for the coming six months.

Amy Ekdawi, Middle East North Africa Program Manager of the Bank Information Center, noted: “Adopting the new policy is just the first step,” said Ekdawi. “The Bank now needs to implement it in a way that promotes participatory development and democratic accountability. We look forward to working with the World Bank to ensure successful policy implementation.”

NOTES:
For additional information, please contact:

■Amy Ekdawi, Manager, Middle East North Africa Program, Bank Information Center, aekdawi@bicusa.org, +1-202-624-0631
■Rebecca Harris, Information Services Coordinator, Bank Information Center, rharris@bicusa.org, +1-202-624-0632
■The GTI is an independent network of organisations that works around the world to promote access to information held by international financial institutions.

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