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ADB Accountability Mechanism : Proposal for a New ADB Accountability Mechanism: A Two-Step Approach of Consultation and Compliance Review
B. Introduction to the New ADB Accountability Mechanism34. The proposal for the new ADB accountability mechanism consists of two separate but complementary functions. The two functions are (i) a consultation phase consisting of the SPF, who will respond to specific problems of locally affected people in ADB-assisted projects through a range of informal and flexible methods; and (ii) a compliance review phase consisting of a panel (the compliance review panel [CRP]) to investigate alleged violations of ADB's operational policies and procedures that have resulted, or are likely to result, in direct, adverse, and material harm to project-affected people, and to make recommendations to ensure project compliance, including recommendations, if appropriate, for any remedial changes in the scope or implementation of the project. Although the Offices of the SPF and CRP will be physically and functionally separate from each other, they will be linked for the purposes of responding to the complaints of project-affected people, and to enhance ADB's development effectiveness and project quality. 35. The proposal here reflects expectations widely shared among all the stakeholders inside and outside ADB that ADB should strengthen its so-called "problem-prevention" capabilities. Problem prevention is, at the least, part of the result of ADB's compliance with its operational policies and procedures in the formulation, processing, or implementation of a project. It is premised on the basis that adequate project preparation and proper consultation with stakeholders in the project area have been undertaken so as to ensure project quality. Such problem-prevention efforts are part of an ongoing process within the ODs based on feedback from the Operations Evaluation Department's project performance audits and, strictly speaking, are outside the ADB accountability mechanism. Within this broad problem-prevention function of the ODs, however, certain areas of activities performed by the ODs can be considered as part of the "problem-solving" function within them, in that all the complaints relating to a project are invariably filed with the OD concerned in the first place. The OD is usually the first contact point within ADB to respond to such complaints. The consultation phase is designed ultimately to improve and strengthen the internal problem-solving function of the ODs. 36. The consultation phase will consist of the SPF, who will be assisted by one professional staff member and two administrative staff/national officers. The SPF will report directly to the President. CRP will consist of three members, one of whom will be the chair. CRP will be assisted by an office of the compliance review panel (OCRP), serving as secretariat, with two professional staff members, one of whom will also act as the secretary of CRP, and three administrative staff/national officers. CRP will report directly to the Board on all activities, including postcompliance review monitoring and its outcomes, except on specific activities where CRP will report to the Board Compliance Review Committee (BCRC). The present BIC will be restructured as BCRC, which will have an oversight function for the following: (i) clearance of CRP's proposed terms of reference and time frame before they are released by CRP, and (ii) review of CRP's draft reports on monitoring implementation of any remedial actions approved by the Board as a result of a compliance review before CRP finalizes them. BCRC will consist of the same Board members as BIC. Appendix 5 provides the institutional setup of the new ADB accountability mechanism.
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