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Appeals
Petitioning a denied request
If a requester believes that a request has been unreasonably denied, a request for review may be submitted in writing to:
Public Disclosure Advisory Committee (PDAC)
through the Public Information and Disclosure Unit
Department of External Relations
Asian Development Bank
6 ADB Avenue
Mandaluyong City
1550 Metro Manila, Philippines
or by email
or by fax to +63 2 636 2649.
Appeals to the PDAC must be submitted within 90 calendar days after the denial of the request. The PDAC will consider appeals on the grounds of (i) public interest, and (ii) alleged policy violations. The appeal will be acknowledged within 5 working days and a decision will be given no later than 20 working days (previously 30 calendar days under the 2005 PCP) from receipt of the appeal.
The PDAC will make publicly available on a rolling basis, a list of all requests received, the nature of each request, and the decision taken in each case. Below are appeals received and reviewed by the PDAC since the previous PCP (2005) took effect on 1 September 2005.
| Information/Document Previously Denied by ADB | Requester's Country | Decision Taken by PDAC | Reason(s) for Denial | Date Received by PDAC | Date Responded by PDAC |
|---|---|---|---|---|---|
| Project 43281-NEP: Upper Seti Hydropower – "papers, memos, records, etc." that were used to prepare the initial poverty and social analysis (13 Dec 2010) | Japan | Denial confirmed | Para. 126.1 - Internal information that, if disclosed, would or would be likely to compromise the integrity of ADB's deliberative and decision-making process. | 14 Dec 2010 | 12 Jan 2011 |
| Loan-2288-REG (CAM): GMS Rehabilitation of the Railway in Cambodia - detailed measurement survey (12 February 2010 and 12 March 2010) | Cambodia | Denial confirmed | Para. 126.3 - Information obtained in confidence from a government or international organization, that, if disclosed, would or would be likely to materially prejudice ADB's relations with that party. | 15 Dec 2010 | 12 Jan 2011 |
| Project 35049-BAN: Padma Multipurpose Bridge Project- Aide Memoires for 2 safeguards review missions in 2009- (3 March 2010) | Japan | Denial Confirmed | Para. 126.2 - Disclosure would compromise the integrity of deliberative process between ADB and the Government. | 9 March 2010 | 8 April 2010 |
|
Public disclosure before Board approval of the "Mainstreaming the Multitranche Financing Facility" (MFF) R-paper (21 November 2007, 29 May 2008, and 30 June 2008) |
United States | Denial Confirmed | Para. 66 of the PCP does not apply to this MFF paper as it is not a safeguard policy or sector and thematic strategy. It is covered by PCP para. 67 which states that ADB shall make all ADB policy or strategy papers publicly available no later than upon final approval. | 3 Jul 2008 | 9 Jul 2008 |
| Loan 1443-KGZ: Power and District Heating Rehabilitation Project - Request for Mission Review Reports 2, 3, 4 and 5 (10 Apr 2008) | Kyrgyz Republic | Denial Confirmed |
Para 126.1 - Internal information that, if disclosed, would or would be likely to compromise the integrity of ADB's deliberative and decision-making process. Para. 126.2 - Disclosure would compromise the integrity of deliberative process between ADB and the Government. Para. 126.3 - Information obtained in confidence from a government or international organization, that, if disclosed, would or would be likely to materially prejudice ADB's relations with that party. |
15 May 2008 | 13 Jun 2008 |
If the Public Disclosure Advisory Committee (PDAC) upholds the initial decision to deny the request, a request for an independent review may be submitted to the:
Independent Appeals Panel (IAP)
through the Office of the Secretary
Asian Development Bank
6 ADB Avenue
Mandaluyong City
1550 Metro Manila, Philippines
or by email
or fax to +63 2 636 2481.
Appeals to the IAP must be submitted within 90 calendar days after the PDAC’s decision. The IAP will only consider appeals alleging ADB violated the policy by restricting access to information. The appeal will be acknowledged within 5 working days and considered within 45 calendar days. Decisions of the IAP are final.
All appeals should contain:
- description of the information originally requested
- explanatory statement giving facts and grounds to support the claim that ADB violated the policy by restricting access to the information.
A list of appeals to the IAP will be posted on ADB’s website stating the nature of each appeal and the decision taken.