A guide to the ADB Accountability Mechanism (ADB-AM)

The ADB-AM accepts complaints from:

• Two or more individuals, or an entire community, who are experiencing (or at risk of experiencing) harm as a result of an ADB-supported project. This harm must be material and direct, meaning that it affects them in a concrete, personal way. Complaints from individuals or groups that are not directly affected, or who cannot clearly demonstrate the link between the project and the harm, may be found ineligible. In some cases, such as biodiversity loss or climate change, you can argue that the harm affects everyone. 
• Authorized representatives can file a complaint on behalf of affected individuals or communities. If a local representative cannot be found, a non-local representative may file a complaint with prior approval from the ADB-AM. 

Important: Complaints cannot be submitted anonymously, but you can request confidentiality regarding your identity or sensitive information. If you fear retaliation, notify the ADB-AM immediately to discuss protective measures. 

The ADB-AM considers complaints related to:

• Direct or material environmental or social harm,
• Caused by, or is likely to be caused by, ADB-financed project, and
• Resulting from non-compliance with ADB’s operational policies and procedures, such as its Safeguard Policy Statement or Access to Information Policy (only required for the compliance review function). 

The ADB-AM requires complainants to make “good faith efforts” to resolve the issue with the ADB before filing a complaint. Although it does not require it, the ADB-AM also encourages complainants to first address their problems with the project-level grievance redress mechanisms, to facilitate prompt problem solving on the ground.

It is critical that you provide evidence of your efforts to raise the issue with the ADB (and company staff if you have reached out to them), e.g. copies of any correspondence (even if they are unanswered), meeting notes, or responses you received (if any). 

If you fear retaliation, the ADB-AM has advised that you do not have to communicate with the ADB before filing your complaint. In this case, clearly explain the safety risks you are facing in your complaint.

What counts as “good faith efforts” to resolve the issue? 

Before the ADB-AM can consider your complaint, it must decide whether you made “reasonable” efforts to resolve the problem directly with the ADB before filing the complaint. This is often referred to as the “good faith” requirement. 

ADB Management often argues that complaints are ineligible because complainants failed to meet this requirement - even in cases where ADB Management itself has not responded. To strengthen your case and reduce risk of dismissal on these grounds, it is important to document your outreach carefully and explain any obstacles you faced in attempting to engage with the ADB. 

While the ADB-AM does not offer a strict checklist of what counts as “reasonable” efforts, based on past cases and our own experience, we recommend the following:

• Direct communication with a full-time ADB staff member: You must make a serious attempt to contact the ADB itself - not just the project company, contractors, consultants, courts, government agencies, or national grievance mechanisms. We recommend that you contact the Responsible ADB Project Officer, whose name can be found on the ADB's project page, or through the Access to Information process.  Some email addresses for senior staff can be found on the ADB’s website. If you cannot find the email address for the responsible project officer, or if you are unsure who to email, you can email the staff we have listed below.
  
  To remove any doubt that you have contacted the ADB, you should also copy the following ADB staff in your email or letter: 
  • Scott Morris (Vice-President) (if the project is located in East and Southeast Asia, and the Pacific) smorris@adb.org;
  • Yingming Yang (Vice-President) (if the project is located in South, Central and West Asia) yyang@adb.org;
  • Nianshan Zhang (Head of Safeguards) zhangnianshan@adb.org; and
  • ADB Civil Society team civilsociety@adb.org.
    
• Follow-up if you don’t get a response: If your initial message does not receive a response, we recommend that you follow up at least once and keep a record of your attempts. Although this is not strictly required by the ADB-AM’s policy, it helps demonstrate that you have made genuine efforts to engage.
  
  
• Allow a reasonable time for ADB to respond: The ADB-AM expects that complainants give the ADB a “reasonable opportunity to respond” before concluding that outreach efforts have failed. We suggest waiting at least one month for a response before filing your complaint. If your complaint is urgent, you can file a complaint sooner, but make sure to explain the urgency in your complaint.
  

• Raise the same issues with ADB that you will raise in your complaint: Try to include all of your concerns in your correspondence with the ADB that you plan to raise with the ADB-AM. If you raise additional concerns in your complaint that were not part of your previous outreach to the ADB, the ADB-AM may decide that you have not met the “good faith” requirement for those new issues. 
  

• Note any barriers you faced in contacting the ADB: If circumstances made it difficult for you to contact the ADB, please explain those in your complaint. The ADB-AM can consider such barriers when deciding whether your efforts were “reasonable”. Examples of barriers include: 
  • Limited access to the internet/WiFi or phone access
  • Long distances from the nearest ADB office
  • Any language or literacy challenge
  • Any safety risks or fear of retaliation

• You can skip direct engagement in cases of safety risks or fear of retaliation: The ADB-AM has indicated that if you fear engaging with the ADB could lead to retaliation or endanger you or your community’s safety, you may proceed straight to filing a complaint to the ADB-AM. In this case, clearly explain these risks in your complaint.
  
  
• Efforts at other levels may still support your case: While the project-level grievance redress mechanism (GRM) is not a substitute for engaging with the ADB directly, using the GRM may still be helpful in demonstrating your overall efforts to resolve the issues. If your experience with the GRM was negative or ineffective, we recommend that you include this information in your complaint. It can help explain why you are now turning to the ADB-AM.
  
  
• Still have questions? If you have any questions or concerns about satisfying this “good faith” requirement, you are welcome to reach out to us for advice at advice@accountabilitycounsel.org.