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The Independent ReviewMechanismAnnua l Repor t 2009

African Development BankCompliance Review and Mediation Unit

IRM provides people with the right to complain to the African Development Bank Group in case they suffer harm from any of

its financed projects as a result of the Bank’s non-compliance with its policies and procedures.

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The Independent ReviewMechanismAnnua l Repor t 2009

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The Independent Review Mechanism

African Development BankThe Independent Review MechanismTemporary relocation agency – PO Box 3231002 Tunis Belvédère, TunisiaTel.: +216 7110 2056 – Fax: +216 7110 3727E-mail: [email protected] – Website: www.afdb.org/irm

5 > Executive Summary

9 > General Information about the IRM

9 > The Establishment Background

9 > The Mandate

9 > The Functions

9 > The Procedures for Processing Requests

10 > The Problem-Solving (Mediation)

11 > The Compliance Review

15 > Requests

15 > IRM Register of Requests

15 > Register of Requests(by 31 December, 2009)

17 > Compliance Review and Problem-Solving Cases

17 > RQ2007/1: Bujagali Hydropower and Interconnection Projects, Uganda

18 > RQ2009/01: Gibe III Hydroelectric Power Project in Ethiopia

18 > RQ2009/01b: Gibe III Hydroelectric Power Project in Ethiopia

19 > RQ2009/02: Nuweiba Combined Cycle Power Project in Egypt

21 > Lessons Learned

23 > The Outreach

23 > Introduction

23 > External Outreach

23 > National Workshops

27 > Community Sensitization Sessions

27 > Internal Outreach

28 > Outreach Tools

28 > Outreach Targeted Goals in 2010

31 > CRMU Staff

35 > IRM Roster of Experts

39 > Fincancial Matters

41 > CRMU Outreach Strategy

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Table of Content

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B y 2009, the Independent Review Mechanism(IRM) had reached the 5th anniversary since

its establishment by the Enabling Resolution ofthe Boards of Directors of the AfricanDevelopment Bank Group (ADB). In the sameyear and in line with this Resolution, the ADBundertook the review of the IRM to assess theexperience of the mechanism within the first threeyears since becoming effective in 2006. Thereview report will be presented to the Bank’sBoards of Directors for consideration in the firstquarter of 2010. Some of the key findings andrecommendations of the review are to enhancethe accessibility to the IRM and to maintain theindependence of the mechanism.

This Annual Report provides information aboutthe IRM’s activities in 2009 including the outcomeof the mechanism’s core functions (thecompliance review and problem-solving), andthe outputs of the outreach strategy which aimsto raise awareness of the IRM among people andcommunities living in the areas where the ADBis financing projects, the civil society organizations(CSOs) and the Bank’s staff. In that context, theAnnual Report provides the lessons learned bydelineating the challenges that the Bank is facingin implementing its policies and procedures.

With respect to the exercise of the IRM’s corefunctions, the Compliance Review and MediationUnit (CRMU), which administers the mechanism,registered in 2009 three new requests submittedby local and international NGOs. Two of theserequests are in relation to the Gibe III HydroelectricPower Project in Ethiopia, whereas the third oneis about the Nuweiba Combined Cycle PowerPlant in Egypt.

The first request about the Gibe III Project wassubmitted by the Friends of Lake Turkana (FoLT),a Kenyan NGO. It inter alia states that the GibeIII project will affect the water level of Lake Turkanathereby inflicting serious negative impact on theenvironment and the livelihoods of people livingalong the Lake. The CRMU registered the request

in March 2009 for a problem-solving exercise,which is underway, and aims at finding anagreeable solution to the pertinent issues for FoLTand the Bank.

The second complaint about the Gibe III projectwas submitted by a group of international NGOsalleging to represent the interests of the projectaffected people in Ethiopia - in particular theindigenous people living in the downstream areaof the Omo River where the Gibe III dam is built.The requestors raise a number of issuesconcerning the dam’s negative impact on theeconomy, and the livelihoods and theenvironment. Besides they claim that the projectis in non-compliance with the Bank Group’spolicies and procedures, including theprocurement rules in the selection of the project’smain contractor and inadequate publicconsultations with the project affected people inboth Ethiopia and Kenya. The requestorsdemanded an independent compliance reviewof the project, and their request was registeredby CRMU in July 2009. Since this request raisessimilar concerns to those of FoLT, CRMU hasdecided to defer the eligibility review of thisrequest pending the outcome of the problem-solving exercise between FoLT and the Bank.

The third request, registered in 2009, is aboutthe Nuweiba Combined Cycle Power PlantProject in Egypt. It was submitted by Hemaya,an Egyptian NGO, standing on its own right aswell as representing a number of owners of localtourist businesses (such as eco-lodges and divingcenters) and some of the Bedouins communitiesin Nuweiba. The request states that if the plannedpower plant is built at the proposed site, it willadversely affect the livelihoods of Bedouins whoearn their incomes from tourism businesses (e.g.,the safari and camel riding), the marine life (coralreefs), and the image of Nuweiba as an attractiveeco-tourism destination. CRMU registered therequest for problem-solving. In that respect, itconducted a fact-finding mission in September2009, and organized a scoping meeting in

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Executive Summary

October 2009 in Nuweiba to identify the problemsand possible solutions. The meeting wasattended by the requestors, the project promoterand the ADB. The requestors agreed - with thefacilitation of CRMU - to engage with the Bankin a mediation process which is intended tocommence in early 2010.

With respect to the request on BujagaliHydropower and Interconnection projects inUganda -which was registered for compliancereview by CRMU in 2007 - the IRM undertookits first monitoring mission to the country in May2009. The mission was led by Dr. Maartje vanPutten, one of the IRM Experts, and Mr. Per EldarSovik, the Director of CRMU. Its purpose was toassess the implementation of the findings andrecommendations of the compliance review panelin light of the corresponding Bank’s ManagementAction Plan – which was presented to the Bank’s

Boards in May, 2009, and proposed measuresto mitigate the projects’ harm and to address theinstances of non-compliance with ADB policiesas underpinned by the review panel. The IRMmonitoring team visited the projects areas, andmet with the requestors, the affected people, theprivate investors and relevant governmentauthorities in Uganda. Consequently, in August2009, it submitted the IRM monitoring report tothe Boards (for information), and the Bank’sManagement for immediate action. The reportillustrates some pivotal issues to be addressedin order to bring the projects’ into compliancewith the Bank’s policies and procedures. Theseissues inter alia relate to the resettlement andcompensation, the cultural and spiritual concernsand the sustainable management plan of theKalagala Falls designated to be an environmentaloffset according to an agreement between theGovernment of Uganda and the World Bank.

For the outreach activities, CRMU has in 2009extended the dissemination of IRM informationthrough a series of workshops and user-friendlycommunication materials. A total of seven sub-regional and national workshops were attendedby 192 representatives of CSOs and governmentofficials from 15 African countries. CRMU co-organized these events with CSOs as a mediumto take ownership in transferring the IRMinformation among local communities who arethe ultimate beneficiaries of the mechanism.Furthermore, CRMU also coordinated some ofits workshops with the Bank’s country officesand its other oversight mechanisms, such as theIntegrity and Anti-Corruption Division and theOperational Evaluation Department, as well aswith other independent accountabilitymechanisms (IAMs) of International FinancingInstitutions (IFIs) supporting operations in Africa,namely, the Inspection Panel of the World Bank,the Compliance Adviser/Ombudsman (CAO) ofthe International Finance Corporation and theOffice of Accountability of the US GovernmentOverseas Private Investment Corporation (OPIC).A significant outcome of the outreach activities

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is that four of the sensitized NGOs took their owninitiatives and organized sessions on the IRM totheir local communities.

At the institutional level, CRMU presented theIRM to 125 new staff of the Bank in sevensessions organized in the framework of the On-boarding Program mentored by the Bank’sHuman Resources Management Department.This is in addition to five seminars that CRMUorganized for the local staff at the Bank’s countryoffices in Senegal, Ghana, Kenya, Malawi andEthiopia. The purpose of this internal outreachis to liaise with the Bank’s operational staff tohelp CRMU disseminate IRM information in areaswhere the ADB is financing projects.

As part of the knowledge sharing and skillsbuilding, the IRM Experts and the Director CRMUparticipated in the 6th annual meeting of the IAMsof IFIs which was organized by the IFC’s CAO inJune 2009 in Washington DC. This annual eventis an important way for the principals of the IAMsto share information and draw lessons from eachothers’ experiences to enhance the accountability

and effectiveness of their respective institutions.Moreover, CRMU’s Director and PrincipalCompliance Officer attended a training session,which was also organized by CAO, for the staffof IAMs which have mediation as a function incomplaints handling. The acquired informationfrom this session was valuable for CRMU’sproblem-solving exercises and its in-houseexpertise.

CRMU recruited a Senior Compliance Officer inJune 2009 bringing the total number of its staffto five including: the Director, two professionals,and two administrative support staff. While theIRM is set to operate under the supervision of asmall unit with the technical support of threeexternal part time IRM experts, it is still importantfor the CRMU to have an adequate number ofregular staff – with the possibility to expand intandem with the Bank’s increased lendingactivities - to efficiently carryout the IRM activitiesand to retain the institutional memory of themechanism.

Finally, with regard to the above-mentioned IRMreview, the Bank commissioned an independentconsultant in June 2009. The consultantinterviewed several executive directors, seniormanagement and other Bank staff, besidesexternal users of the IRM. The consultantpresented the preliminary findings andrecommendations of the review in an InformalBoards Meeting in September, 2009. The draftreview report was posted on the Bank’s websiteand widely disseminated for publicconsultations. The review report will bepresented together with the recommendationsof the Director of CRMU and the IRM Expertsfor possible amendments to the IRM OperatingRules and Procedures to the Bank’s Boards ofDirectors in early 2010.

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The Establishment Background

T he IRM was established by the Bank GroupBoards of Directors’ Enabling Resolution of

30 June 2004. However, it only becameoperational in mid-2006 upon the appointmentof the first director of the CRMU which wasestablished to administer the mechanism. TheIRM Operating Rules and Procedures were alsoprepared in 2004 and approved by the Boardsof Directors on 27 July 2006. For the purpose ofcompliance reviews, an IRM Roster of Expertswas established to comprise three externalmembers, appointed by the Boards of Directorson non-renewable term of five years. As anexception, each of the present three Experts,who were appointed by the Boards in April 2007,serves a different term, i.e., three, four and fiveyears.

The Mandate

The mandate of the IRM is to provide peoplewho are, or likely to be, adversely affected by aproject financed by the Bank Group as a resultof violation of the Bank Group’s policies andprocedures with the possibility to request theBank to comply with its own policies andprocedures. The IRM is one of several oversightinstruments established by the Bank Group toensure the accountability of its operations.However, the salient feature of the IRM is that itis independent from the Bank’s managementand operations, and only intervenes when theproject affected people or communities lodge acomplaint to CRMU. In that respect, the IRMcan be considered as the last resort for peoplewho are adversely affected by a project financedby the Bank Group to get their complaintshandled and responded to by the highestdecision levels of the Bank in case they couldnot resolve their problems with the Bank’smanagement and staff in the first place.

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General Information about the IRM

The Functions

The IRM has two main functions: Problem-Solving (mediation) and Compliance Review.CRMU is responsible for receiving anddetermining the eligibility of the complaints andundertaking problem-solving exercises. TheCompliance Reviews are conducted by Panels,consisting of two members of the IRM Rosterof Experts and the director of CRMU. The Panel’sreview reports can make recommendations tothe Bank Group’s Management and the Boardsof Directors on different issues arising from thecomplaint including project specific remedies andhow to bring the project into compliance, as wellas with regard to the implementation of the BankGroup’s policies and procedures. The IRM,subject to the Boards’ authorization on a caseby case basis, is also mandated to monitor theimplementation of the findings and recommen -dations resulting either from a problem-solvingexercise or a compliance review.

The IRM operates under a set of transparentand stringent procedures, especially thosegoverning public disclosure of information.The IRM rules mandate the dissemination ofthe reports and decisions resulting from eitherof the above-mentioned IRM’s functions. Thetransparency and the independence of theIRM are considered the guiding principles toensure credibility of the mechanism’s pro -cesses.

The Procedures for Processing

Requests

The IRM Operating Rules and Procedures providerequirements for potential complainants on howto prepare and submit their requests to CRMU.They also contain provisions for CRMU on howto handle and process requests within specifiedperiods of time illustrated in Box 1.

It is worth noting that within 14 working days ofthe receipt of a request, the director of CRMUshall have conducted a preliminary review todetermine whether the request falls within themandate of the IRM and whether it contains bonafide allegation of harm arising from a Bank Groupfinanced operation. If the request is consideredto be within the mandate of the IRM, the CRMUshall register it and immediately inform therequestors, the President and the Boards ofDirectors. Within 21 working days of the

notification of the request to the Bank’sManagement, the latter shall provide CRMU withevidence on whether it has complied with, orintends to comply with the Bank Group’s relevantpolicies and procedures to the project in question.

Within 30 days of receipt of the Managementresponse, CRMU shall either start a problem-solving exercise, make recommendation whetherto undertake a compliance review or reject therequest.

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Request for Management response

Receipt of Request

CRMU Preliminary Review

Registration

Problem-Solving (Mediation)

Compliance Review

If determined inside the scope of IRM

If required, request clarificationfrom Management and/or Requestors (§33)

If determined outside thescope of IRM:Information to Requestors(§25)

Notification to Requestors,Boards, President (§20)

If there is no responsewithin 21 days, CRMUshall inform Boards,President (§32)

Timeline

14 days of receipt of request

21 days of being notified of the request

30 days of receipt, or expiry of the time limitfor receipt of Management’s response

Box 1: Processing of Requests for Problem-Solving or Compliance Review

The Problem-Solving

(Mediation)

The purpose of the problem-solving is to restorean effective dialogue between the requestorsand any interested party with the view ofresolving the issue or issues underlying therequest.

When considering whether or not to undertakea problem-solving (mediation) exercise, thedirector of CRMU shall inter alia consider whetherthe parties are amenable to resolve the conflictthrough mediation without putting blame on anyof the involved parties, and whether the BankGroup has or continues to have leverage toinfluence change. Furthermore, the director alsoconsiders whether the problem-solving exercisewill interfere with or be impeded by any otherrelevant process before a court, an arbitrationtribunal or a similar review body before which thesame matter or a matter closely related to therequest is examined.

A variety of problem-solving processes andtechniques may be used by CRMU such asindependent fact findings, mediation, conciliationand dialogue facilitation. If a problem-solvingexercise has not reached a satisfactoryconclusion within three months, the director ofCRMU will declare the exercise unsuccessful.Within 30 days of concluding the problem-solvingexercise, the director shall submit a report to theinterested parties, the Bank Group’s Presidentand the Boards of Directors explaining theprocess and the result of the exercise. Regardlessof the outcome of the exercise, a compliancereview can be warranted under the IRM Rules.Accordingly, following the problem-solvingexercise, the director of CRMU can recommendto the President or the Boards of Directors thata compliance review shall be undertaken todetermine whether any of the applicable BankGroup’s policies and procedures has beenviolated.

The Compliance Review

The purpose of the compliance review is todetermine whether the Bank Group has compliedwith its own policies and procedures and to verifywhether as a result of a violation of these policiesa direct harm has been, or likely to be, causedto the project affected people.

Generally, in determining the eligibility of requests,there are several steps. First, the director ofCRMU will review the request and the corres -pond ing response of the Bank ma nagement, andif found necessary, undertake a mission to theproject area to verify the factual situation. On thebasis of a prima facie evidence of a possible harmresulting from non-compliance with the Bank’spolicies is inflicted on the project affected people,the director shall prepare an eligibility reportincorporating his recommendations to undertakea compliance review. On the other hand, if thedirector of CRMU does not recommend acompliance review, the chairperson of the Rosterof Experts shall then review the request, reassessits eligibility, and write his/her independentrecommendation. Second, the eligibility reportprepared by the director or the chairperson willbe decided upon by the President, in case ofprojects under consideration for financing by theBank Group, or the Boards of Directors forapproved projects by the Boards. The requestorsshall be immediately notified of the decision ofthe President or the Boards of Directors. Theeligibility report (including the request and theresponse of the management of the Bank)together with the decision of the President or theBoards shall be promptly disclosed to the publicby posting it on the Bank Group’s website(www.afdb.org/irm).

Subject to the President’s or the Boards’authorization, a compliance review shall beundertaken by a Review Panels comprising twomembers of the Roster of Experts and thedirector of CRMU. The director only has a votewhen the other two member experts of the

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Panel disagree. After investigating thecomplaint, the Panel prepares a report includingfindings and recommendations which shall bedistributed at the same time to the President,the Boards of Directors and the requesters.The President or the Boards of Directors, asthe case may be, shall decide whether or not

to accept the report. Their decision shallimmediately be published on the Bank Group’swebsite.

The diagram in Box 2 illustrates the steps of theaforementioned request eligibility assessmentand compliance review.

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Chairperson of the Roster reviews request

Information to Requestorsand summary of Board’s or President’s decision to the public (§47)

Panel report will be madeavailable to the Requestorsand any other interestedparty (§56)

Information to Requestors and the Public (§58)

Box2: Eligibility of Request and conduct of Compliance Review

Decision of the President or the Boards

on Compliance Review

Eligibility Report on Compliance Review

Closure

Agree with CRMU decision to deny further processing

Information to the President or Boards (§49)

If CRMU does NOT recommend a ComplianceReview (§48)

Reassessment of recommendation

If CRMU recommends a Compliance Review (§44, 45)

Chairperson recommends ComplianceReview (§49)

Panel conducts Compliance Review (§50)

Panel report with recommendationson monitoring actions

Management’s assessment of feasibility

Boards’ or President’s decision on the panel’s

recommendations (§57)

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IRM Register of Requests

T he IRM Register of Requests shall includeinformation about the requests received by

CRMU. The information about these requestsis posted electronically on chronological orderto update requestors and any other interestedparties on actions undertaken during the courseof the complaints-handling, including therelevant statements of the decisions made bythe Bank’s President or the Boards of Directors.Each request is classified in the registry by: thedate of its submission, the name of the Bankfinanced project(s) complained about, and the

IRM function under which CRMU is handlingthe request (i.e. problem-solving and/orcompliance review). The register also includesinformation about the registered requests whichare considered ineligible for compliance reviewand the reasons thereof. The register is regularlyupdated and can be accessed at the BankGroup’s website (www.afdb.org/irm).

In 2009, CRMU registered three requests. Thefirst two requests relate to the Gibe IIIHydroelectric Power Project in Ethiopia, whilethe third complaint is about the NuweibaCombined Cycle Power Project in South SinaiEgypt.

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Requests

Register of Requests (by 31 December, 2009)

No. Request no.(date registered)

Country Project Status

1. RQ2007/1 (16 May, 2007)

Uganda Bujagali Hydropowerand InterconnectionProjects

Registered for compliance review. The compliance reviewpanel report presented to the Boards in July 2008. TheManagement’s Action Plan was presented to the Boardsin May 2009. An IRM monitoring mission was conductedin May 2009, and submitted its first monitoring report tothe Boards for information and to Management for actionin August 2009. IRM monitoring is on going until the IRMmonitoring team is satisfied that the non-complianceissues have been adequately addressed.

2. RQ2009/01 (26 March,2009)

Ethiopia Gibe III HydroelectricPower Project

Registered for Problem-solving. Three meetings betweenthe requestors and the Bank with facilitation of CRMUwere held during June-October 2009 in Nairobi, Kenya.The mediation exercise is still in process.

3. RQ2009/01b (22 July, 2009)

Ethiopia Gibe III HydroelectricPower Project

Registered for Compliance review. The eligibility review ofthe request is pending on the outcome of the problem-solving exercise of the first request about the Gibe IIIproject.

4. RQ2009/02 (15 July, 2009)

Egypt Nuweiba CombinedCycle Power Plant

Registered for Problem-solving exercise. CRMU conduc-ted a fact-finding mission in September 2009, and held ascoping meeting between the requestors, the Bank andthe promoter of the project in October, 2009 in Nuweiba.The mediation process between the requestors and theBank is planned for the first quarter of 2010.

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RQ2007/1: Bujagali Hydropower

and Interconnection Projects, Uganda

CRMU registered on 16 May 2007 forcompliance review the first request submitted

to IRM which was about Bujagali Hydropowerand Interconnection projects, in Uganda. Therequest was submitted by local NGOs andindividuals due to their concerns about the

projects’ economic and risks analysis, impact onlivelihoods, the environment, and spiritual issues.The Boards authorized on 7 September 2007the compliance review of the projects and theformation of the IRM compliance review panel.The panel’s report was submitted on 9 July 2008to the Boards which duly endorsed it, andrequested the Bank Management to prepare anAction Plan to address the instances that thepanel found the Bank Group to be non-compliantwith its policies and procedures. Theaforementioned Action Plan was presented tothe Boards on 22 May 2009. An IRM monitoringmission was conducted during 24 – 29 May, 2009by Dr. Maartje van Putten, one of the IRM Experts,and Mr. Per Eldar Sovik, the Director of CRMU,who visited the projects and met with differentstakeholders in Uganda. The IRM monitoringreport was submitted on 26 August, 2009 to theBoards for information and the Bank’sManagement for immediate actions. The Reportunderlined that, while a number of importantissues require the Bank’s close supervision, there

are still other glaring issues that the IRMmonitoring team identified as critical for briningthe projects into compliance with the Bank’spolicies and remedying the inflicted harm. Thefollowing are the issues which were highlightedby the IRM monitoring report:

1. Resettlement and Compensation: the IRMmonitoring team was concerned about theserious delays of payment of compensation, andrecommended that the Bank’s Management andstaff in their supervision of the projects shouldensure that appropriate actions are undertakenwithout further delay.

2. Cultural and Spiritual Issues: while the IRMmonitoring team agreed that the solutions to theexisting cultural/religious problems have to befound in Uganda, the team is of the opinion thatthe Bank can still play a role to ensure, throughits project supervision, that appropriate consulta -

tions are continued and concluded in asatisfactory way to all stakeholders. Thestakeholders proposed to the IRM team that this

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Compliance Review and Problem-Solving Cases

issue could find a lasting solution through aprocess to be further elaborated and decidedupon through a formation of a committeecomprising representatives of the religiousleaders, NGOs, relevant Government ministries,and BEL (the promoter of the project), and withpossible observers from the project financiers,including the ADB.

3. Kalagala Off-set and Forest ReservesMitigation Measures: the IRM monitoring teamemphasizes the importance of the Bank’s reviewof the proposed Sustainable Management Plan(SMP) immediately upon its completion, and theBank’s supervision of the implementation of theagreed upon recommendations of the SMP toavoid unintended irreparable damages to theenvironment and the encroachments on therights of the affected local people. The teamalso recommended that the Bank should askthe Government of Uganda to suspend anyinvestment interventions in the Kalagala Offsetarea until the SMP is finalized and approved bythe Government.

RQ2009/01: Gibe III Hydroelectric

Power Project in Ethiopia

CRMU received a request on 5 March 2009about Gibe III Hydroelectric Power Project inEthiopia. The request was submitted by theFriends of Lake Turkana (FoLT), a local NGObased in Kenya representing some of the Lake’sCommunities including: the Turkana,Dassanach, Rendille, Gabbra and Elmolo. Onthe basis of the preliminary review, CRMUregistered the request on 26 March, 2009 forproblem-solving.

The request alleges non-compliance with theBank Group policies including: the PovertyReduction Policy, the Involuntary ResettlementPolicy, the Public Disclosure Policy, and theProcedures on Water Resources Management.

They also raise concerns about the inadequatestudies on the Gibe III downstream impact onthe Lake Turkana, and the lack of consultationswith the people living along the Lake.Accordingly, the requestors allege that a seriousenvironmental and social harm is likely to beinflicted by the dam on the Lake and the peopleand communities living along the Lake. In theprocess of the problem-solving exercise, CRMUhas facilitated three meetings between therequestors and the Bank during June - October2009. Within the framework of the problemsolving exercise, the Bank has undertakenadditional studies which will be presented tothe requestors by the end of February 2010when the exercise is planned to resume.

RQ2009/01b: Gibe III Hydroelectric

Power Project in Ethiopia

CRMU received on 28 April 2009 a secondrequest about the Gibe III Hydroelectric PowerProject in Ethiopia. The request was submittedby Anuak Justice Council, the Bank InformationCenter, Campagna per la Riforma della BancaMondiale and International Rivers. It raises anumber of issues that the complainants deemto be in violation of the Bank’s policies andprocedures and interlinked to the potential harmof the Gibe III dam on the environment, thesubsistence activities of Ethiopian people livingalong the Omo River in the downstream area ofthe dam, the lack of consultations with the projectaffected people, the procurement of contractor’sservices, and the incomprehensiveness of theproject’s environmental and social impactassessment.

CRMU registered the request on 22 July 2009for compliance review. Since CRMU isundertaking a problem-solving of a similarrequest, which is discussed above, (ref.RQ209/01) and bearing the same concernsabout Gibe III project, it has decided to withhold

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the eligibility review of this request pending theoutcome of the said problem-solving exercise.

RQ2009/02: Nuweiba Combined

Cycle Power Project in Egypt

CRMU received on 25 June, 2009, the requestabout the Nuweiba Combined Cycle PowerProject in Egypt. The request was submitted byHemaya NGO, a non-governmental localorganization representing some of the businesscommunities in Nuweiba including the Chamberof Diving and Water Sports (CDWS), BasataEcolodge and African Divers. CRMU registeredthe request on 15 July, 2009 for problem-solving.While the requestors point out that they are notagainst the development of the project per se,they demand the relocation of the proposedpower plant since if it is to be built at the proposedsite they claim it will inflict serious harm on themarine life, the local eco-tourism, and thelivelihoods of Bedouins who earn their incomefrom tourist activities (for e.g. camel riding andthe mountains safari). The request also raisesissues emanating to the inadequate consultationand disclosure of information, the inadequacy ofthe project’s environmental and social impactassessment, and the likely negative socio-culturalimpacts by having an influx of workers in such asmall city as Nuweiba. In the complaint handling,CRMU conducted a fact-finding mission on 24

September - 2 October, 2009, visited theproposed site of the power plant and met withthe requestors and other interested parties in theproject. Upon the consent of the requestors, thepromoter of the project and the Bank, CRMUfacilitated a scoping meeting on 24 - 25 October,2009 in Nuweiba that was attended by therequestors, the Bank and the promoter of theproject with the objective of identifying theproblems and possible solutions. The requestorsagreed to pursue mediation with the Bank whichis planned in the first quarter of 2010.

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A ccording to the IRM Operating Rules andProcedures, the Annual Report shall

discuss identifiable trends relating to theactivities of the Bank Group that have emergedfrom CRMU’s problem-solving exercises andcompliance reviews, and the lessons that CRMUhas learned about the impacts and challengesfor the Bank in implementing its policies andprocedures.

Since learning is a major feature of the IRM, basedon the experience gained from the assessmentof the four registered requests, the Director ofCRMU in consultations with the IRM experts,would like to highlight some of the challengesand trends that could be useful for the Bank tobe aware of in order to enhance the effectivenessof the implementation of its policies andprocedures in the Bank financed projects.

Public access to information about the Bank’spolicies and procedures - especially thosegoverning environmental and social safeguardissues - is still a challenge. Based on theexperience of the registered requests, it isapparent that the complainants and otherstakeholders lack a clear understanding of howthe different Bank policies, guidelines andprocedures are applied in its operations. Inaddition, the requestors and other stakeholdersdo not seem to have systematic access to eitherthe updated Project’s Environmental and SocialImpact Assessment (ESIA) studies or the recentelectronic copies of the summaries of these

studies which should be accessible on the Bank’swebsite. In spite of the good efforts made by theBank in reconstructing its website, requestorsand other stakeholders stated that they continueto encounter difficulty in retrieving project relatedinformation from the website.

Another notable issue is the recurrence ofconcerns about the lack of consultations withstakeholders in the registered requests. Publicconsultations, in particular the methods andmeans used by the Bank to inform localcommunities and civil society about its projectsand applicable policies and procedures shouldbe expanded and diversified to ensure that suchconsultations are conducted in a timely and‘meaningful’ way.

The alignment and coordination of time-lines forthe implementation of the Bank’s mitigationmeasures should be improved to ensure thatprompt actions are undertaken to bring theprojects into compliance with the Bank’s policiesand procedures and to maximize the projects’benefits to people and local communities as wellas the environment. IRM considers the monitoringof the implementation of the findings andrecommendations of compliance review paneluseful for both the requestors and the Bank. Ithelps to ensure that the agreed upon mitigatingand remedial actions are undertaken and to keepthe Boards and senior management abreast ofprocesses of bringing the projects to compliancewith the ADB policies and procedures.

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Lessons Learned

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Introduction

T he objective of the outreach activities is toprovide information on the IRM’s mandate

and procedures to people and communities inorder to enable them to access and seekrecourse under the rules of the mechanism. Forthis purpose, CRMU has continued to implementits outreach strategy1 which utilizes a mixture ofcommunication instruments and multifacetedactivities that are jointly delivered with CSOs, theBank’s country offices and other departments,and occasionally, in collaboration with otherindependent accountability mechanisms (IAMs)of IFIs.

While the following sections of this part detail theIRM outreach activities in 2009, it is worthwhileat this point to sum up their significant results.CRMU’s organized seven (7) national and sub-regional workshops which contributed toextending the reach of IRM information to CSOsfrom ten (10) additional regional membercountries of the ADB. CRMU coordinated fourpilot community sessions which wereinstrumental in deepening the knowledge of theIRM among people living in areas covered by theBank’s financed projects. These activitiesencouraged some local CSOs to take theinitiatives to support at their own costs similarcommunity sessions, and to integrate thedissemination of the IRM information as part oftheir public-awareness programs. CRMUconsiders these outcomes as a key milestone inthe intertwined process of taking ownership andtransferring IRM knowledge towards permittingpeople access to the mechanism.

Moreover, CRMU added 170 CSOs to itsdatabase bringing the total number of registeredorganizations to 400 which are active in thirtytwo African countries. Finally, the IRM quarterlyelectronic newsletter remains the means for

ensuring the continuity of sharing informationwith CSOs. The special issue dedicated to theIRM review was central to the review’s publicconsultations phase.

By implementing these activities, CRMU has notonly achieved the outreach goals it set for itselfin 2009, but has built cornerstones for its effortsgeared towards empowering people withinformation to enable them to access the IRMwhich is fundamental for the effectiveness andsuccess of the Bank’s complaints handlingprocess.

External Outreach

NATIONAL WORKSHOPS

NIGERIA: THE IMPORTANCE OF IRM WORKSHOPS FOR MEDIATION ADVOCACY

On 9-10 February, 2009, CRMU in collaborationwith the Negotiation and Conflict ManagementGroup (NCMG) based in Lagos, Nigeria,organized a national workshop which wasattended by 30 CSOs from different states. Theobjective of the workshop was to discuss therole of CSOs in facilitating the access of projectaffected people to the IRM and other similarIAMs. The participants were briefed by MissNamawu Alolo ALHasssan on the ADB policiesand projects in the country. The other mainpresentations on the IAMs were delivered by

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The Outreach

1 The public information sheet of the outreach strategy is included in Annex 1 of this report.

Mr. Per Eldar Sovik, the Director of CRMU; Ms.Kate Kopischke and Ms. Emily Horgan of IFC’sCAO and Ms. Jean Aden of OPIC. The discussionwith participants dwelled on the role of CSOs inresolving disputes arising from developmentprojects through mediation which was consideredessential in the view of the participants sincemost CSOs lack experience in this field. Theparticipants also learned about the processes ofIRM which are not necessarily about pointing theblame but to ensure that instances of non-compliance with the IFIs’ policies are addressed,and any resulting harm on people or theenvironment is mitigated. Furthermore, thediscussion also shed light on the role of CSOsin building a constructive dialogue among theircommunities and the IFIs. The participantsrecommended that CRMU, CAO and OPICshould support training on mediation for CSOsto enhance their capacities to effectively engagein development related disputes-resolutions. Inaddition, they called upon the IFIs to betransparent in disclosing information about theirfinanced projects.

GHANA: CSOs WORKSHOP ON IMPROVING ACCESS TO THE ACCOUNTABILITY MECHANISMS (IAMs) OF INTERNATIONAL FINANCING INSTIOTUTIONS (IFIS)

The Director of CRMU, Mr. Per Eldar Sovik,presented the IRM in a national workshoporganized by the IFC’s CAO in cooperation withSEND-Ghana, a national CSO, on 12- 13February 2009 in Accra, Ghana. The workshopwas attended by 40 representatives of CSOsfrom different parts of the country. The discussionfocused on how to improve access to IAMs ofIFIs. The participants were encouraged todisseminate information among localcommunities as a way to help them to be awareof IAMs and if needed, how to access them.

On the sideline, the Director of CRMU also heldseparate meetings with the staff of the Bank’s

field office in Ghana, and the project coordinatorsresponsible for implementing some of the majorprojects financed by the Bank in the country.

SENEGAL: SAFEGUARDING DEVELOPMENTRESULTS

During the Annual Meeting of the ADB, held on13–14 May, 2009 in Dakar, CRMU co-organizeda seminar with the Bank’s Auditor General Officeand the Operations Evaluation Department underthe title “Safeguarding Development Results” todeliberate on the role of the Bank’s oversightfunctions. The participant CSOs highlighted theimportance of sharing information with the publicabout the Bank’s operations, policies, and theIRM, as well as they emphasized the value of theBank’s staff learning lessons from the Bank’soversight mechanisms’ investigations andrecommendations.

SENEGAL: THE ACCESS OF NGOS AND LOCAL COMMUNITIES TO INDEPENDENT REVIEW MECHANISMS

CRMU in collaboration with the Bank’s countryoffice in Senegal organized a sub-regionalworkshop on the access to independent reviewmechanisms on 2-3 June 2009, in Dakar. Thetwenty six participants CSOs came from six WestAfrican countries, including Cape Verde, GuineaBissau, the Gambia, Mali, Mauritania andSenegal. The event was opened by Mr. MohamedH’midouch, the Bank’s Resident Representativein Senegal, who briefed the participants on the

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Bank’s development priorities, its efforts topromote regional integration and commitment toensure the effectiveness of its operations throughhaving accountability mechanisms such as theIRM. Mr. Samba Iddrissa, consultant, presentedthe Bank’s projects in Senegal and the ADBsafeguard policies. Mr. Ansumane Mane, theBank’s National Program Officer in Guinea Bissau,presented the ADB financed projects in thecountry. Within the framework of the backgroundpresentations, Mr. Per Eldar Sovik, the Directorof CRMU, presented the IRM procedures andoutreach strategy and emphasized the criticalrole of CSOs in building the capacities ofcommunities to learn about their rights to makeuse of the IRM. Ms. Emily Horgan and Ms. JuliaGallu representing the IFC’s CAO and Mr. SergeSelwan, representing the World Bank InspectionPanel, presented the mandate and proceduresof their respective mechanisms. The keyrecommendations of the workshop included:while conducting investigation of projects, CRMUshould: organize meetings with CSOs toincorporate their views in the process; partnerwith the media to expand the dissemination ofIRM information among local communitiesincluding translating its communicationinstruments to local languages; and capitalize onthe existence of CSOs to overcome thechallenges of reaching people and localcommunities in the areas covered by the Bank’sfinanced projects.

MOROCCO: HOLDING DEVELOPMENT ACCOUNTABLE IN NORTH AFRICA

The CRMU Principal Compliance Officer, Mrs.Adila Abusharaf, presented the IRM in a sub-regional workshop co-organized by the BankInformation Center, an NGO based inWashington, the World Bank’s Inspection Paneland IFC’s CAO on 22-24 July 2009 in Marrakech.The twenty representatives of CSOs from Algeria,Libya, Mauritania, Morocco and Tunisia werebriefed on the linkages between accountability

and the promotion of institutional principles inlight of the experiences of the presenting IAMs.On their part, the participants expressed theirviews on IFIs’ transparency and buildingpartnerships with CSOs to monitor developmentresults.

In the periphery of this event, CRMU PrincipalOfficer presented in two separate meetings theIRM Community Information Guide developedby CRMU for CSOs to disseminate informationabout IRM among local communities. The firstmeeting was with the staff of the Center forDevelopment of Tensift, and the second one waswith Governor and the staff of Local Council ofChichaoua.

MALAWI: NATIONAL WORKSHOP ON PARTICIPATORY APPROACHES AND THE INDEPENDENT REVIEW MECHANISM

The Bank’s country office in Malawi (MWFO) incollaboration with CRMU and the AfricanDevelopment Institute (EADI) held a nationalworkshop on this subject on 23-25 November,2009 in Lilongwe, Malawi. The event wasattended by 26 representatives of CSOs, themedia and government ministries. It was openedby Mr. Frank Kufakwandi, the Bank’s ResidentRepresentative, who also presented the Bank’soperations in Malawi and stressed that one ofthe key responsibilities of MWFO is to promoteand deepen participatory approaches throughthe engagement of CSOs as anchored by theBank’s policy on public consultations. Accor -dingly, MWFO would step up efforts to work withCSOs. Mr. Per Eldar Sovik, the Director of theCRMU, presented the IRM and its relevance tothe application of the Bank’s safeguard policiesand procedures. Ms. Grace Kimani, CRMUSenior Compliance Officer, presented the CRMU’sOutreach Strategy and the Draft CommunityInformation Guide.

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Mr. Ola Adesina Adigun, EADI Senior TrainingOfficer presented the Bank policies andengagement with the CSOs; and the Rules andGuiding principles for ensuring their successfulparticipation. Mr. Luckson Ngalu, the ProjectManager of Smallholder Out-grower SugarcaneProduction Project, which is funded by the Bank,presented the project’s experience withcommunity participation. Mr. Astin Chingwengwe,from the Ministry of Finance presented theGovernment’s perspective of communityparticipation in the Bank’s financed projects.Speaking on behalf of participant CSOs, theDirector of the Youth Net and Counseling, Mr.MacBain Mkandawire, acknowledged the valueof information provided by the workshop allowingCSOs to have a better understanding of howthey could work with the Bank and the IRM inMalawi. The participants made recommendationson how to increase awareness about the Bank’spolicies and the IRM in the country.

ETHIOPIA: ENSURING EFFECTIVE ACCOUNTABILITY AND TRANSPARENCY PROCESSES IN ADB’S FINANCED PROJECTS

In collaboration with the Ethiopia country office(ETFO) and the Ethiopian Economic Association(EEA), CRMU and the Bank’s Integrity and Anti-Corruption Division (IACD) organized a nationalworkshop on 1-2 December, 2009, in AddisAbaba, under the theme: “Ensuring EffectiveAccountability and Transparency Processes inADB Financed Projects.” The workshop was

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officially opened by H.E. Mr. Ahmed Shide, StateMinister of Finance and Economic Development,H.E. Dr. Atsed Aseffa, Speaker of Addis AbabaCity Council and Executive Committee Memberof EEA and the Resident Representative of theBank, Mr. Lamin Barrow. The objective of theevent, which was attended by 70 representativesof the government institutions and CSOs, wasto sensitize participants on the procedures androles of the ADB’s accountability mechanisms(IACD and IRM). The CRMU Director, Mr. PerEldar Sovik, presented the mandate of IRM andits procedures in handling complaints received

from CSOs or individuals, and CRMU’s outreachstrategy in raising awareness among peopleabout the mechanism. IACD PrincipalInvestigation Officer, Mrs. Esther Onwuzuruike,presented ADB’s strategies to reduce fraud andcorruption in projects, and the Bank’s whistle-blowing and complaint handling policy. Mr.Konneh Mohammed, IACD Senior InvestigationOfficer, presented the fraud and corruptionindicators in management of Bank’s projects.This is in addition to the presentation of H.E.Commissioner of Ethiopia’s Anti-CorruptionCommission, Mr. Ali Suleiman, on Ethiopia’s anti-Corruption strategy, successes, challenges andthe way forward. Finally the CSO paper deliveredby Mr. Dawit Brhanu focused on the CorruptionDiagnostic Baseline Survey (CDBS) of publicservices in Addis Ababa, which was conductedon behalf of Transparency Ethiopia in 2008.

COMMUNITY SENSITIZATION SESSIONS

CRMU co-organized five community sensitizationsessions on the Community Information Guidewhich the Unit prepared in 2008 and intendedto validate on basis of hands-on demonstrations.The table below details information about thesecommunity sessions.

Internal Outreach

CRMU has in 2009 presented the IRM and itsoutreach strategy in seven sessions organizedby the On-Boarding Program mentored by Bank’sHuman Resources Management Departmentwhich benefited 109 new staff of the Bank. Inaddition, CRMU organized five seminars for localstaff at the Bank’s country offices in Senegal,Ghana, Malawi, Kenya and Ethiopia. Thesepresentations are important to engage the Bank’soperational staff in disseminating informationabout the IRM to officials when they are on projectmissions. They also bear value for involving thestaff in raising awareness of the IRM whenconsulting with the civil society and potentialbeneficiaries, namely the people who might be

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adversely affected by the Bank’s financedprojects. They also help the staff to betterunderstand the issues of due diligence,adherence, and effective implementation of theBank’s policies and procedures. Finally, thepresentations provide information which couldbe useful when the staff is involved in project(s)undergoing an IRM led problem-solving exerciseor compliance review.

Outreach Tools

IRM Brochure

CRMU reproduced the IRM brochure andcommunity guide in five languages (English,French, Kiswahili, Arabic and Portuguese). IRM e-Newsletter

The four issues of the Newsletter in 2009 coveredarticles about the requests registered by CRMU,the CRMU outreach events, the IRM review, andarticles prepared by African NGOs onaccountability issues.

LOCALITY/ COUNTRY DATE PARTNERS Number of Partici-pants

Juja & Ruiru, Kenya 15-16 April 2009 Groots Kenya 50

Manyara & Nyayo,Tanzania

10-15 May 2009 Environment Media Network 65

Bakel, Senegal 18 June, 2009 ENDA-LEAD Senegal 40

Marrakech & ChichauaMorocco

21-22 December 2009 Center for Development of Tensfit Region 31

IRM Community Information Guide

CRMU validated the draft of the IRM InformationGuide in five local community sensitizationsessions detailed in the above table of this partof the report. The Guide is designed to enhancethe capacity of NGOs and local communities tounderstand the application of the IRM rules andprocedures.

CRMU NGOs Database

CRMU created a database of NGOs to facilitateaccess to organizations working in fields relatingto the IRM mandate. At present the databasecontains 400 entries of NGOs based in thirty-two member countries of the ADB.

IRM Website

The IRM website accessible at www.afdb.org/irmis routinely updated and contains all information

about the mechanism’s procedures, registeredrequests and all related statements of thedecisions of the Boards of Directors and/or thePresident of the Bank Group.

Outreach Targeted Goals in 2010

• Organize community and CSOs sessions inwhich IRM’s Community Information Guide willbe utilized.

• Convene national workshops in membercountries including: Mali, South Africa, Angolaand a sub-regional workshop dedicated for theWest Africa countries.

• Finalize the IRM Staff guide, incorporatingpossible changes to the IRM operating rulesand procedures.

• Present IRM to new staff within the Bank’s On-boarding program.

• Organize a series of internal meetings with theBank’s management and staff, to explore thepossibilities of including IRM information in theBank’s project documents such as appraisalreports, environmental and social impactassessments and loan agreements.

• Disseminate the results of the IRM review inspecialized seminars for the Bank’s staff andthe CSOs.

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Mr. Per Eldar Sovik, Director

Mr. Sovik was appointed as the first Director ofthe Compliance Review and Mediation Unit(CRMU) in 2006. He is in charge of themanagement of the IRM, including: theassessment of eligibility of requests, the problem-solving (mediation) process, outreach activitiesand monitoring. He is also a permanent memberof Compliance Review Panels. He directly reportsto the President and the Bank’s Group Boardsof Directors. He held management positions forover 33 years in private and public sectors inNorway, Finland and different African countries:Ethiopia, Ghana, Kenya, Sudan, and Zambia.Before joining the Bank, Mr. Sovik worked foralmost 10 years with the Nordic DevelopmentFund and as a Vice President of the Fund for sixyears (2000- 2006). He has extensive experiencein project management, economics and financialanalysis, and project and institutional evaluations.Besides the university degrees in economics,finance, and management from Norway, he hasobtained a Master Degree in developmenteconomics from the University of Manchester, inEngland.

Mrs. Adila Abusharaf, Principal Compliance Officer

Mrs. Abusharaf joined the Bank in 2007. Shegives support to the director in coordination ofthe outreach activities, the assessment ofrequests, preparation of CRMU annual strategic

and financial documents, the compliance reviewand mediation. Her over 15 years of experiencein international development obtained from thepositions she held with the InternationalDevelopment Research Center (IDRC), Universityof Toronto, and York University in Canada, aswell as, when she was a regional program officerat the Center of Arab Women for Training andResearch based in Tunisia and as a lawyer inSudan. Her work and publications focus on:foreign direct oil investment, compensation, localgovernance, conflict-resolution, and gender-equity and cover: Algeria, Cameroon, Egypt,Mauritania, Morocco, Nigeria, Tunisia, and Sudan.She obtained her Doctorate on Juridical Studiesfrom the University of Toronto in 2000 in privateinternational law of transnational litigation anddispute resolution of oil pollution claims.

Ms. Grace Kimani, Senior Compliance Officer

Ms. Grace Kimani joined the Bank in June 2009.She gives support to the director in theassessment of requests, coordination of outreachactivities, collection and analysis of Bank policiesand procedures applicable to requests registeredby CRMU, and preparation of problem-solvingactivities. She has experience in environmentalmatters having worked for 5 years with theNational Environment Management Authority(NEMA), Kenya, in the legal department beforejoining the Bank. She is an environmental lawyerwith a Master of Laws’ degree (LL.M) inEnvironment and Natural Resources Law and aBachelor of Laws degree (LL.B) both from theUniversity of Nairobi. She holds a PostgraduateDiploma in International Environmental Law fromthe United Nations Institute of Training andResearch (UNITAR). Her work experience ismainly on sustainable biodiversity management,

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CRMU Staff

climate change, hazardous waste/chemicals andenvironmental legislative drafting. She participatedin drafting subsidiary legislation for Kenya inconservation of biodiversity, water, waste,chemical, ozone depleting substancemanagement and noise and air pollution control.

Miss. Amira Dhaouadi, Team Assistant (on study leave until October 2010)

Miss Dhaouadi joined CRMU in 2007. She isresponsible for technical management of IRMcommunication systems and materials (thewebsite, brochures and newsletter). She is alsoresponsible for the: procurement, logisticalsupport of workshops, and the budgetcoordination. She gives support to the directorin the administration of the IRM Roster of Expertsand consultants. She is enrolled in the MastersProgram at Higher School of ElectronicCommerce of Manouba, Tunisia. Her thesis is oninternational e-procurement. Before CRMU, sheworked with international companies in Tunis.Miss Dhaouadi is currently on annual leave asenrolled in a post-graduate program atinternational commerce center in Paris, France.

Mrs. Dede Jacqueline Djedjero (Senior Secretary)

Mrs Djedjero Dede Jacqueline joined CRMU inApril 2009 as Senior Secretary. She provides

administrative support to the Director and theother members of the team. She is trained asBilingual Assistant and translator,English/French. She helps CRMU with proof-reading of translated documents. She assistswith procurement and logistical support as wellas payment of consultants and the IRM Expertsand follow-up on budget. She has longexperience in the Bank by working with differentdepartments, including operations where shehad spent more than 10 years; the last of whichis with the Human Development Department,comprising Health, Education and PovertyAlleviation.

Mr. Cheker Selmi (STS)

Mr. Cheker joined CRMU in October 2009. Heis responsible for technical management of IRMcommunication systems and materials (thewebsite, brochures and newsletter); in additionto the delivery of the IRM administrative dutiesand provides the logistical support for the CRMUoutreach activities. Mr. Cheker graduated withhigh diploma on information technology from theFaculty of Sciences in Tunis. Before joiningCRMU he worked for two years with SIGMAInformatique a private company where he wasin charge of developing PowerBuilder and Oraclesoftware.

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Dr. Madiodio Niasse, Chairperson

Dr. Niasse, is (since November 2008), theDirector of the Interna tional Land Coalition (ILC),an independent organization hosted by IFADin Rome, Italy. Before this position, he wasserving as Research Director with Institut deRecherche pour le Développement (IRD),Montpellier, France. Dr. Niasse holds aDoctorate in Environmental Sciences and aMaster’s degree in Geography, both from theUniversity of Dakar, Senegal. His post-doctoralwork experience includes: (a) four years (1988-1992) of research activity on the impacts ofdams in the Senegal River Basin; (b) sevenyears (1992-1998) with USAID in Dakar(Senegal) and in Abidjan (Cote d'Ivoire) as SocialSciences Advisor; (c) two years (1998-2000)as Senior Advisor with the World Commissionon Dams (Cape Town, South Africa); (d) fouryears (2001-2005) as Regional Coordi nator ofWetlands and Water Resources Program meswith IUCN-West Africa Office based inOuagadougou, Burkina Faso. From April 2005to January 2009, Dr. Niasse was the chairmanof GWP/West Africa Global Water Partnership(GWP/WAWP). He has a direct short- and long-term work experience in more than 10 Africancountries, including Benin, Burkina, Guinea,Ghana, Mali, Mauritania, Niger, Nigeria,Senegal, South Africa, Zambia, and Zimbabwe.He has published extensively on varioussubjects related to the environmental, socio-economic and institutional aspects, with specialemphasis on issues such as wetlands and riverbasin/water resources management; climatechange; land tenure; farming systems; andconflict mana gement.

Dr. Maartje van Putten, Member

Dr. van Putten is the vice-chair of the EuropeanCenter for Develop ment Policy Management(ECDPM), a member of the super visory boardof the Royal Tropical Institute in the Netherlandsand an advisor on Accountability Mechanismsfor private financial institutions. She was amember of the World Bank Inspection Panel(1999-2004), and the European Parliament(1989-1999). She is trained as a journalist, andholds a master degree on management in thefield of community work from the SocialAcademy in Amsterdam. She obtained in 2006her Doctorate degree from Tilburg UniversityNetherlands in cooperation with McGill Universityin Montreal, Canada. Her PhD thesis is entitled‘Policing the World: Accountability Mechanismsfor Multilateral Financial Institutions and PrivateFinancial Institutions’, which has been publishedin a book in 2008. Dr. van Putten has alsopublished several articles and a book onGlobalization. Her experience with the mediaincludes producing radio programs on poverty,feminization of poverty, North-South relations,the informal sector, child labor, grass-rootsorganizations, and globalization of the labormarket and directing a TV documentary onglobalization. She is the founder of a Dutch NGOfocusing on the living conditions of children, andhas been a staff member of the Evert VermeerFoundation working on international solidarity.As a member of the European Parliament shereported on: the effects of the GeneralAgreement on Tariffs and Trade on developingcountries, legal basis for the EU budget lines fordevelopment aid to Asia and Latin America, theTropical Forest budget line, the EU policy on therights of Indigenous Peoples, the EU chocolate

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IRM Roster of Experts

directive (“position cocoa farmers”) or the budgetline for integration of environment intodevelopment.

Prof. Daniel D. Bradlow, Member

Prof. Bradlow is the SARCHI Professor ofInternational Develop ment Law and AfricanEconomic Relations at the University of Pretoria,South Africa and a Professor of Law and Directorof the International Legal Studies Program atAmerican University Washington College of Law(WCL) in Washington, D.C. He is a member ofthe Board of Directors of ILEAP (InternationalLawyers and Economists Against Poverty) andof the Governing Board of the African LawInstitute. His current scholarship focuses on theinternational financial institutions, creativefinancing for development, international legalaspects of sustainable and equitabledevelopment, and the legal aspects of debt andfinancial management. He has worked as aSenior Special Fellow in the Legal Aspects ofDebt and Financial Management Programme ofthe United National Institute on Training andResearch (UNITAR), a Consultant to the WorldDams Commission, MEFMI (The Macroeconomicand Financial Management Institute for Easternand Southern Africa), Pole-Dette, the World Bank,the African Development Bank, UNESCO, the

United Kingdom’s Department for InternationalDevelopment and the MacArthur Foundation. Heserved as a member of the International LawAssociation’s Committee on Accountability ofInternational Organizations and is currently theCo-Rapporteur of the International LawAssociation study group on the same topic. In1996 he was a Visiting Professor at theCommunity Law Centre at the University of theWestern Cape, South Africa. He has lectured inthe United States and many countries in Africa,Asia and Latin America on both the public andprivate aspects of international economic andfinancial law and on the negotiating andstructuring of international economictransactions.

Prior to joining WCL, Professor Bradlow was aResearch Associate at the International LawInstitute and a consultant to the United NationsCentre on Transnational Corporations, as well asan attorney in private practice. His publicationsinclude books and articles on internationalfinancial law, the international financial institutions,foreign investment, inspection mechanisms ininternational financial institutions, regulatoryframeworks for water, dams and dam safety,globalization and its implications for globaleconomic governance and the changingresponsibilities of the World Bank and the IMF inthe management of the global economy.Professor Bradlow holds degrees from theUniversity of Witwatersrand in South Africa, andNortheastern University and GeorgetownUniversity in the USA and is a member of theNew York and District of Columbia Bars.

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Fincancial MattersCRMU 2009 Budget and Costs in Unit of Accounts (UA)Budget Items 2009 Original Budget Actual Cost

Salaries CRMU staff 257,644 252,779

Missions 88,369 94,021

Public Relations, Meetings, etc. 70,800 58,974

Experts and Review Missions 401,250 82,717

Consultants 105,635 32,148

Total 923,698 520,639

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CRMU Outreach Strategy

1. The objective: The outreach activities of theCompliance Review and Mediation Unit (CRMU)aim at raising awareness of the existence andthe functioning of the Independent ReviewMechanism (IRM) and to equip communitiesaffected by Bank financed projects withknowledge and skills to engage in a constructivedialogue with the Bank and, if felt necessary, toaccess and benefit from the IRM.

To realize its outreach objective, CRMU has setvarious goals and strategies: The primary goalis to sensitize and equip Civil SocietyOrganizations (CSOs)2 to pass on informationto local communities. To attain that, CRMUprovides information to CSOs to enhance theirknowledge of accountability issues and fostersdialogue amongst them with the aim of buildingstrong networks of CSOs that share commongoals. CRMU also emphasizes the importanceof civil society consultation and engagement inthe project cycle, and induces Bank staff, Projectstaff and government officials to inform projectbeneficiaries about the IRM. To enrich its work,CRMU seeks to learn from the experiences ofCSOs and other Accountability Mechanisms toimprove and extend its outreach activities.Finally, CRMU continuously reports on andevaluates the IRM activities to align its activitieswith the needs and expectations of differentstakeholders.

2. The approach: To reach out to localcommunities affected by Bank-financed projects,CRMU applies a multi-channel approach and awide variety of instruments. The various channelsinter alia include Bank staff, CSOs andGovernments, all of which are likely tointercommunicate with projects’ affectedcommunities. The manifold instrumentsdeveloped by CRMU to raise awareness andincrease the knowledge of the IRM range from

various publications to customized workshops,seminars and meetings. The latter events aredesigned to facilitate the exchange of experiencesand ideas as well as a way to establish networkson accountability issues.

Since becoming operational, CRMU hasproduced brochures in five languages (English,French, Arabic, Portuguese and Kiswahili), an e-newsletter published quarterly in English andFrench and developed the IRM’s website(www.ADB.org/irm) accessible in both Englishand French and incorporated in the Bank’shomepage. The IRM website includes informationabout the mechanism, the registry of requestswhich includes compliance review reports anddecisions taken by the President or the Boards,IRM rules and procedures, links to Bank policiesand a news and events section inter alia reportingon CRMU outreach activities.

CRMU also plans to expand its instruments bya staff-oriented brochure and an information kitdirected at CSOs for use in their dialogue withlocal communities. Moreover, CRMU is presentlyadvocating the inclusion of information about theIRM as mandatory to project documents suchas Project Appraisal documents (PA),Environmental and Social Impact Assessment(ESIA) and legal lending/grant Agreements.

For complete list of the instruments deployed byCRMU in its outreach efforts and their statusplease refer to annex 1.

3. Partners: CRMU cooperates internally andexternally in order to create synergies to maximizeits outreach goals. Internally, CRMU coordinatesand jointly organizes workshops and seminarswith different Bank’s Divisions and Departmentssuch as the Integrity and Anti-Corruption Division,the NGO Coordinator (OSUS), OperationsEvaluations (OPEV), the Department forGovernance, Economic and Financial Reform

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CRMU Outreach Strategy

2 In the present paper the term CSO is used synonymously with Non-Governmental Organization (NGO).

(OSGE) and Country Offices. CRMU alsocooperates with relevant national authorities andAccountability Mechanisms from otherInternational Financing Institutions such as theWorld Bank Inspection Panel, the ComplianceAdvisor Ombudsman of the International FinanceCorporation (IFC), the Inspector General of theEuropean Investment Bank (EIB) and theAccountability Office of the Overseas InvestmentCorporation (OPIC).

4. Challenges: In the course of implementing itsoutreach strategy, CRMU faces severalchallenges, among which are: identifying affectedlocal communities living in remote projects’ areas,language barriers and low literacy rates in certainareas. This is in addition to the cultural and socialissues, notably the community and/or tribalstructures which influence the effectiveness ofreaching out to the potential beneficiaries of themechanism. Local communities often encounterdifficulties to access general information about

Bank projects and policies, partly because oftheir constrained internet access and the limiteddissemination of information about Bank’soperations at the local level. Furthermore, theexperience of CSOs’ work with accountabilityissues is yet at its infancy, possibly compoundedby the reluctance of both CSOs and the Bank toengage in a constructive dialogue. Another crucialchallenge for CRMU is to build trust among theaffected communities and the Bank staff in theIRM.

CRMU tries to overcome these challenges byconstantly evaluating and improving existingoutreach instruments and by tailoring new ones.However, in order to be effective, CRMU dependson the support of all stakeholders, especiallyBank staff, CSOs and Governments to engagein a regular dialogue with CRMU, to shareexperiences and ideas, and to pass oninformation about the IRM to project affectedcommunities and the public at large.

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African Development BankThe Independent Review MechanismTemporary relocation agency – PO Box 3231002 Tunis Belvédère, TunisiaTel.: +216 7110 2056 – Fax: +216 7110 3727E-mail: [email protected] – Website: www.afdb.org/irm

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