- What is the Disclosure and Access to Information (DAI) Policy all about?
- What is the main difference between the current DAI Policy (2012) and the Bank’s previous disclosure policy (2005)?
- Why does the policy restrict some types of information from disclosure?
- Has the Bank consulted with its stakeholders as part of the policy review process?
- When is the DAI Policy effective?
- How is information disclosed?
- Where can I find Bank information?
- If I cannot locate the information I am looking for on the Bank’s website, how can I request information?
- How quickly can I expect to receive a response?
- What can I request under DAI Policy?
- What are the exceptions to disclosing information?
- What if the Bank restricts access to information it is supposed to release when requested?
- What is the process to file an appeal?
- What are some of the documents newly disclosed under the DAI Policy?
- How will AfDB ensure that the new policy is fully implemented?
- Further questions about the Policy?
What is the Disclosure and Access to Information (DAI) Policy all about?
The African Development Bank (AfDB) Group DAI establishes the types of information which can be disclosed to the public, as well as the procedures for disclosure. The policy is based on the principle that the Bank Group, as a public and development institution, should be open and transparent in its operations. Under the policy, there is a presumption that all the information held by the Bank can be shared with the public unless it falls under one of the policy exceptions listed in paragraph 3.3. The policy embodies the Bank Group’s desire to deepen and increase information disclosure to enhance transparency and accountability.
What is the main difference between the current DAI Policy (2012) and the Bank’s previous disclosure policy (2005)?
The current policy significantly expands and speeds up access to information. This is done principally through a change that allows the Bank to disclose any information in its possession that is not on a list of exceptions, as opposed to detailing specific information that must be disclosed. Under the new policy, it is expected that significantly more information on AfDB operations and Board proceedings will be available to the public.
Why does the policy restrict some types of information from disclosure?
There are some restrictions to information disclosure, to protect the functioning of the Bank Group and the relationship between the Bank Group and its shareholders and partners. In some instances, disclosure could result in material, financial or reputational harm to the Bank Group, Management or staff. For instance, AfDB shall protect the privacy of its staff as well as confidential business information of its private sector clients. Similarly, the Bank Group needs to hold frank and candid discussions internally and with its members and partners and therefore it must safeguard the integrity of its deliberative processes.
Has the Bank consulted with its stakeholders as part of the policy review process?
The DAI Policy was approved following an extensive consultative process. Public consultations took place during the Bank’s 2010 Annual Meetings in Lisbon, Portugal, as well as in Senegal, South Africa, Sudan and Tunisia. An online comment period was also available for the public to comment on the draft policy. The final policy reflects valuable inputs from member countries, civil society organizations, academics, the private sector and partner organizations.
When is the DAI Policy effective?
AfDB’s DAI Policy supersedes the previous disclosure policy (2005). It is effective on February 3, 2013. Documents produced before the effective date can also be made available on request if not restricted under the DAI Policy.
How is information disclosed?
Bank staff members are responsible for classifying and disclosing the information they produce or receive in accordance with the DAI Policy disclosure requirements. Information classified as “public” shall be disclosed on the AfDB website immediately, or may be made available upon request. Information classified as “confidential” according to the policy may be disclosed after five, 10 or years, according the Bank’s declassification schedule. Information classified as “strictly confidential” will not be disclosed. While the AfDB website constitutes the main disclosure avenue, other suitable means will be used by the Bank to reach intended audiences in-country.
Where can I find Bank information?
The Bank’s official website, is the principle means for the Bank to communicate with its clients and stakeholders. As such, the website is critical for the disclosure of information. Documents related to the Bank’s activities by country, topic and sector can be located here.
If I cannot locate the information I am looking for on the Bank’s website, how can I request information?
Requests for information and documents must be made in writing and should be as specific as possible. Requests must be submitted using the online request form at Information Request Form. Requests may also be directed to the field office or Public Information Centre (PIC) in the country concerned (see contact details at Field Offices and Public Information Centres). Persons seeking information on the Bank’s operations and activities can also visit the Public Information Centre (PIC) located at the Bank Group’s Temporary Relocation Site in Tunis. Other inquiries could also be addressed to the DAI team.
How quickly can I expect to receive a response?
The Bank makes every effort to respond to requests as quickly as possible, usually no later than 20 working days after the request is received.
What can I request under DAI Policy?
You have the right to request any information held by the Bank. However, while the policy presumes in favour of disclosure, documents which fall under a category of information protected by a policy exception will not be disclosed as it may harm the Bank Group’s specific interests and the relationship between the Bank Group and its members and partners. In its response, AfDB will either provide the requested information (downloadable file on the Bank’s external website whenever possible), or the policy-based reason supporting denial of requested information.
What are the exceptions to disclosing information?
The Policy explicitly sets out eight categories of information that cannot be disclosed (detailed in paragraph 3.3 of the DAI Policy):
- Deliberative Information and Draft Reports, such as correspondence with the government or internal memoranda
- Communications of Bank Group’s President, Executive Directors and Governors
- Legal, Disciplinary or Investigative Matters, such as information subject to attorney-client privilege or identity of a whistleblower
- Information provided in confidence, such as internal procedures of a comparator organization shared with the Bank with the understanding it will remain confidential
- Internal Administrative Information, such as staff pension plan
- Financial Information, such as Bank’s estimates of future borrowings
- Safety and Security
- Personal Information, such as staff medical records
What if the Bank restricts access to information it is supposed to release when requested?
If you believe that the Bank has improperly or unreasonably denied access to information, you can file an appeal.
What is the process to file an appeal?
The DAI Policy recognizes the right to an appeals process when a request for information has been denied by Bank staff. A requester whose request for information has been denied can file an appeal if he/she requester can: (i) show that the Bank has omitted to publish information mandated for disclosure in the policy or that his/her request for information has been unreasonably denied by Bank staff on the first place; or (ii) make a public interest case to override the Policy exceptions.
Requestors may appeal in writing AfDB’s denial decisions to the internal Information Disclosure Committee within 50 days. If the Committee confirms denial of requested information, requestors may file in writing another appeal with the Appeals Panel, comprising a majority of external members, within 50 days. If the Panel reverses the Bank Group’s denial decisions, the requestor’s remedy will be limited to receiving the information requested. Specific procedures on recourses against denied requests, including eligibility of appeals, can be found in the DAI Policy paragraph 4.5.
What are some of the documents newly disclosed under the DAI Policy?
The DAI Policy expands the amount and types of information to be disclosed to include project aide-memoires (with country consent), project summary notes and subsequent updates for private sector projects, annual audited financial reports prepared by borrowing countries for public sector projects, etc. It also provides for simultaneous disclosure of certain types of documents at the time of their distribution to the AfDB Board of Directors for consideration, to increase participation of external stakeholders in the Bank’s decision-making process (e.g. country strategy partnerships and loan proposals for public sector projects subject to country no objection; Bank operational policies and sector strategies).
How will AfDB ensure that the new policy is fully implemented?
AfDB Management will monitor and report on disclosure compliance to the Bank’s Board of Directors annually. Monitoring systems will be established to monitor and track disclosure of information on the AfDB website, as well as requests received, including response timelines.
Further questions about the Policy?
Questions regarding the Policy for Public Disclosure of Information can be addressed to the DAI team.