Filling a Complaint

Who can submit Request for Compliance Review or Problem-Solving?

• Any group of two or more people in the country or countries where the AfDB-financed project is located who believe that as a result of the AfDB’s non -compliance with  its policies and/or procedures, their rights or interests have been, or are likely to be, adversely affected in a direct and material way.
• Non-Governmental Organizations, associations, societies or other groupings of individuals adversely affected by an AfDB financed project.
• A duly appointed local representative acting on explicit instructions as the agent of adversely affected people. Foreign representatives may act as agents in cases where no adequate or appropriate representation is available in the country or countries where the project is located.
• The Boards of Directors of the AfDB.

What information shall be included in a Request for Compliance Review or Problem-Solving?

• Description of the complained about project.
• Explain how AfDB policies, procedures, contractual document were seriously violated.
• Describe how the act or omission on the part of the AfDB has led or may lead to a violation of the specific provision.
• Describe how the parties are, or are likely to be, materially and adversely affected by the AfDB’s act or omission.
• Describe the steps taken by the affected parties to resolve their problems with Bank staff in charge of the project (whether with the Bank’s field office in the country where people are affected or the Bank Department in charge of project) , and explain why the response of the Bank staff  was inadequate.
• For Requests relating to matters previously submitted to CRMU, the requestors if intending to resubmit the same Request, they shall provide CRMU with new evidence or other circumstances to reassess their request.
• If some of the above information cannot be provided, an explanation should be included in the Request.
• Attachments to be sent with  the Request shall include:
  • All correspondences with AfDB staff,
  • Minutes of meetings with AfDB staff,
  • A map or diagram, if relevant, showing the location of the affected parties or area affected by the project, and
  • Any other evidence supporting the Request.

Request Format and Submission

• No specific form is required, the request could be sent in a format of a letter, email or faxt etc.
• The request shall be submitted in writing, dated and signed.
• It should be drafted in English or French (one of the official languages of the Bank) if impossible in local language but this might cause delay in assessment due to translation time.
• It should be addressed to CRMU or to any of the AfDB’s field offices. in the respective country of the requestors.

Limitations

CRMU is not authorized to  register Requests relating to:

• Procurement complaints from bidders and suppliers,
• Fraud and corruption,
• Frivolous or malicious complaints,
• Matters before the Administrative Tribunal of the Bank,
• Matters before other judicial review or similar bodies,
• Complaints motivated by an intention to gain competitive advantage,
• Matters already considered by the IRM, except where there is material new evidence,
• Actions that are the responsibility of other parties,
• Adequacy or suitability of AfDB policies and procedures, and
• Private sector project, except in respect of environmental or social policies.

Request Registration & Processing

• Within 14 days of receipt, the Director of CRMU shall decide whether to register the request, or ask for additional information, in which case the decision period may be extended until the requested information and documents are  received .The Director could unregister any  Request that  is outside the mandate of IRM.
• If the Director of CRMU determines that the Request contains a bona fide allegation of harm arising from an AfDB-financed operation,  The Director   shall  register the request for (Problem-solving, or for a Compliance Review to be conducted by the IRM Experts.

Request Registration

• The Director of CRMU shall issue a Notice of the Registration of Request including name of the Requestors, the project, the country, and contact address of requestor(s). A copy of this Notice shall be sent to the Boards of Directors, the President and Management of the AfDB and the requestors.
• The Director of CRMU will request AfDB Management to provide a written evidence that it has complied, or intends to comply with the AfDB’s relevant policies and procedures within 21 days after receipt of the Notice of Registration.
  

Requestors can ask for more information by sending an email to CRMUinfo and/or forward copies of their  requests for compliance review or problem-solving to CRMUcomplaints.