Anticorruption and Integrity

ADB Seeks Public Comment on Proposed Whistleblower and Witness Protection Provisions

The ADB is seeking feedback on proposed improvements [ PDF: 28kb | 6 pages ] to its existing Whistleblower and Witness Protection provisions to protect those who report integrity violations and misconduct. The proposal is the result of extensive consultation within ADB, including with the Staff Association and the Audit Committee of the Board of Directors.

This draft consolidates and extends ADB’s existing protections, which are currently located in several documents. It reflects the best practices of other MDBs, the UN and other international organizations. It also responds to recommendations made by outside experts and ADB staff about ADB’s existing protections.

The proposal seeks to improve the protections available to staff and the limited protections available to external parties who report information about integrity violations and misconduct. The draft

• Consolidates current, relevant language from various ADB documents in one place;



• Improves accessibility of information about how to respond to retaliation related to whistleblowing;



• Harmonizes ADB’s definitions and approach with comparator MDBs and the UN;



• Confirms the existing prohibition on retaliation against any person for reporting an integrity violation or misconduct and/or for cooperating with an investigation;



• Transfers the burden of proof to ADB where a whistleblower has made a prima facie case (so that ADB would have to demonstrate that an action affecting a complainant would have occurred without the complaint); and



• Allows for external reporting in certain circumstances.

These provisions place Whistleblower and Witness Protection within ADB’s framework for regulating staff conduct.

We have extended seeking public response and comments until 31 August 2009. Comments received in writing and during consultations over the 120-day period will be considered in the finalization of the draft. To submit feedback, please e-mail integrity@adb.org. ADB will accept anonymous comments.