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Access to Information at Development Banks

The document discusses the importance of access to information for transparency and accountability in development banks. It reviews various access to information policies from global, regional, and national development banks, highlighting their efforts toward public disclosure and the challenges they face in implementing these policies. Finally, it examines the principles guiding these policies, the types of information excluded from disclosure, and the mechanisms for appeals and transparency across different institutions.

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ACCESS TO INFORMATION AT DEVELOPMENT BANKS Gaia Larsen, Roland Widmer & Bradley Schliesmann Photo: flickr / Gerardo Pesantez / World Bank
INTRODUCTION Transparency is vital for good governance and effective, sustainable development. Access to information is a key element of development effectiveness. Information allows the public to understand the actions of their government and the financial institutions active in their country, and helps people hold these actors accountable for their actions. As a result of public pressure to embrace transparency, many development banks have developed policies to allow public access to information about their activities. These policies aim to clarify what information is available to the public, how the public can access that information, and what types of information are to be kept from public access.
GLOBAL DEVELOPMENT BANKS The following global development banks are included in this slide deck: • World Bank (WB, composed of IBRD & IDA) – finances public actors globally. • International Finance Corporation (IFC) – finances private actors investing in developing countries. • Multilateral Investment Guarantee Agency (MIGA) – provides political risk insurance guarantees to private companies investing in developing countries. Photo: flickr/International Rivers; flickr/Luke Mackin; flickr/ CGIAR
DOCUMENTS REVIEWED – GLOBAL DEVELOPMENT BANKS Instit. Policy Related Documents1 WB • Policy on Disclosure and Access to Information (2012) • Disclosure and Access to Information Handbook IFC • Public Communications Policy (2011) • ADB Disclosure Handbook • Translation Framework • Safeguard Policy Statement MIGA • Public Information Policy (2014) • Environmental and Social Policy 1 These documents provide further details on how the ATI policy is to be implemented.
REGIONAL DEVELOPMENT BANKS The following regional development banks are included in this slide deck: • African Development Bank (AfDB) – supports public and private actors in Africa. • Asian Development Bank (ADB) – supports public and private actors in Asia. • European Bank for Reconstruction and Development (EBRD) – supports micro, small and medium-sized enterprises in Europe, western Asia, and northern Africa. • European Investment Bank (EIB) – invests primarily in the poorer European countries. • Inter-American Development Bank Group (IDB) – supports governments and companies in Latin America and the Caribbean.
DOCUMENTS REVIEWED – REGIONAL DEVELOPMENT BANKS Instit. Policy Related Documents AfDB • Policy on Disclosure and Access to Information (2012) • Disclosure and Access to Information Handbook ADB • Public Communications Policy (2011) • ADB Disclosure Handbook • Translation Framework • Safeguard Policy Statement EBRD • Public Information Policy (2014) • Environmental and Social Policy EIB • EIB Transparency Policy (2010) • Guidance Note for Promoters and Partners on the EIB’s Transparency Policy • EIB Statement of Environmental & Social Principles & Standards IADB • Access to Information Policy (2010) • Environment and Safeguards • Compliance Policy
NATIONAL DEVELOPMENT BANKS These national development banks that are included in this slide deck: • Development Bank of Southern Africa (DBSA) – a South African bank which supports primarily large infrastructure projects in southern Africa • French Agency for Development (AFD) – public development finance institution that fights poverty and fosters economic growth in low and middle income countries and the French Overseas Provinces • Overseas Private Investment Corporation (OPIC) – U.S. Government’s development finance institution, which mobilizes private capital to support U.S. companies investing in developing countries
DOCUMENTS REVIEWED – NATIONAL DEVELOPMENT BANKS Instit. Policy/Law Related Documents AFD • Transparency Policy (2007) • French Law on Development Policy and International Solidarity (2014) • Annex to the Transparency Policy; French Law 2014-773 • Interdepartmental Committee on International Cooperation & Development (2013): Summary of Decision DBSA • DBSA Promotion of Access to Information Act: A Guide to Access Information (2012) • DBSA Environmental and Social Safeguard Standards (2014) OPIC • United States Freedom of Information Act (FOIA) • FOIA regulations, at 22 C.F.R. Part 706 • Open Government Plan • Information Quality Guidelines • Environmental and Social Policy Statement (2010) • FOIA FAQ
NATIONAL DEVELOPMENT BANKS NOT REVIEWED While some national development banks have developed access to information policies (often in reaction to legal requirements associated with their home country), other national banks still lack policies outlining the public’s right to gain access to information about their activities. This includes some of the world’s largest development banks, such as: • Brazil’s National Development Bank (BNDES) and • China Development Bank (CDB) Due to the lack of policies at these institutions, we did not include them in this analysis.
WHY TRANSPARENCY? Photo: flickr/FXP
STATED INTENT OF THE ATI POLICIES The Access to Information (ATI) policies of the development banks aim to boost institutional effectiveness in delivering development results. This appears to be particularly true for the global and regional banks: • The IFC “believes that transparency and accountability are fundamental to fulfilling its development mandate.” • The ADB policy aims to “[i]ncrease the development impact of ADB operations.” • The IDB expects that transparency will “improve the quality of its operations.”
TRANSPARENCY, ACCOUNTABILITY & LEGITIMACY Development banks state that transparency can increase accountability: • AfDB: “through greater transparency, stakeholders are able to monitor the outcomes of Bank Group operations and therefore help assure that benefits reach the intended beneficiaries.” • World Bank: greater openness “not only assists in exposing potential wrongdoing and corruption, but also enhances the possibility that problems will be identified and addressed early on.” They also state that transparency builds trust and legitimacy: • ADB: an objective of the policy “is to enhance stakeholders’ trust in and ability to engage with ADB.” • EBRD: “believes that transparency and accountability are fundamental to… strengthening public trust in the EBRD.” • IFC: “when clients are committed to transparency and accountability they help promote the long-term profitability of their investments.”
WHAT DO THE POLICIES INCLUDE? Photo: flickr/Evgeni Sotov
PRESUMPTION IN FAVOR OF ACCESS The ATI policies are based on certain fundamental principles. One such principle is to maximize disclosure by making all information open and available to the public unless it falls into one of the limited and clearly defined exceptions. This principle is known as the “presumption in favor of access.” Global Regional National IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC Does the policy have a presumption in favor of access? Yes Yes Yes Yes Yes Yes Yes Yes No Yes1 Yes 1 South Africa’s Promotion of Access to Information Act provides a presumption in favor of access, which legally should apply to DBSA. The DBSA policy does not specifically state this however.
PROACTIVE DISCLOSURE One main way that the development banks give access to information is by providing such information regularly on their website, or at information centers at their headquarters and in-country offices without people having to ask for it first. ATI policies tend to list at least some of the information that the banks must disclose proactively to the public, which allows people to access that information without having to first submit a request to the institution. Photo: flickr/Magnus Halsnes
EXAMPLES OF PROACTIVELY DISCLOSED INFORMATION Global Regional National IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC Board meeting minutes Yes Yes Yes Yes Yes Yes No Yes No No Yes Board Committee meeting minutes Yes Yes Yes Some- times1 No No No Yes No No Yes Project/Program documents Yes Yes Yes Yes Yes Summ- aries Yes Yes Yes No Summ- aries Country Strategies Yes Yes Yes Yes Yes Yes Yes Yes Yes No No Environmental & Social Impact Assessments Yes Yes Yes Yes Yes Some- times2 Yes Yes No No Yes Information on how to access information Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 1 When the committee makes a decision and a subsequent Board discussion is not expected. 2 Environmental and Social Impact Assessments are disclosed for Category A projects, summaries are disclosed for other typesof projects.
REQUESTS FOR INFORMATION The development banks also provide information upon request. All of the banks have sections or divisions responsible for overseeing implementation of their ATI requirements, and requests for information can usually be submitted to these bodies via online forms, email, fax, regular mail, or in person. Photo: flickr/Meena Kadri
WHO IS RESPONSIBLE FOR IMPLEMENTATION? GLOBAL IFC Public Affairs MIGA Corporate Communications Unit WB External and Corporate Relations; Archives Unit; Legal Department REGIONAL AfDB Communication and External Relations Department (CERD) ADB Public Information & Disclosure Unit (InfoUnit) EBRD Secretary General; Communications Department EIB Communications Department IDB Office of the Secretary – Access to Information Section NATIONAL AFD Strategy, Partnership and Communication Directorate – Strategic Steering and Accountability Division DBSA Information Officer (CEO); Deputy Information Officer OPIC Office of External Affairs; Office of the Chief Information Officer; FOIA Office
HOW LONG DO THE BANKS HAVE TO RESPOND? GLOBAL IFC Response in 30 days, unless additional time required due to scope of request. MIGA “Endeavors” to respond within 30 days unless more time is required. WB Acknowledged within 5 working days, response within 20 working days. Additional time may be needed. REGIONAL AfDB Acknowledged within 5 working days, more comprehensive response within 20 working days. More time may be needed in some special circumstances. ADB Acknowledged within 5 working days and notification as soon as a decision has been made but no later than 20 working days. EBRD Acknowledged generally within 5 working days, not more than 10 working days. Normal response within 20 working days, can be expanded to max 40 working days. EIB Reply “without delay" no later than 15 working days. IADB Response within 30 calendar days; 45 calendar days for historic information. If more time is required, the public information center will inform the requester. NATIONAL AFD Reply within 30 business days. If more time required, will contact requester. DBSA Will inform the requestor of his decision within 30 days, may extend to max 30 days. OPIC The FOIA requires OPIC to respond within 20 working days of receipt. In unusual circumstances, OPIC may require an extension of time or expedite process.
ARE TRANSLATIONS AVAILABLE? GLOBAL IFC IFC will respond to requests in English, but if receives requests in other languages, will try to respond in that language. Abides by WBG Translation Framework. MIGA MIGA will respond to request in English, but it receives requests in other languages, will try to respond in that language. Abides by WBG Translation Framework. WB Official languages: Arabic, Chinese, English, French, Portuguese, Russian, and Spanish. The Bank translates documents in accordance with the WBG Translation Framework. REGIONAL AfDB Requests should be submitted to AfDB in English or French. However the Bank has the discretion to accept requests made in another official language of a member country. ADB Will conduct translations based on Translation Framework. Criteria for undertaking translation: audience literacy level, relevant languages, alternatives, time required, costs. EBRD Requests in Russian, German or French will be responded to in that language. May also forward requests to Resident Offices for translation. Otherwise, response in English. EIB EIB's statutory documents are available in official EU languages, while others are available in English, French and German. Other translation considered if wide interest. IADB Should publish public versions of documents in all languages available. NATIONAL AFD Information is disseminated in its existing form in the language in which it was drafted. DBSA Must provide a manual with certain information in at least 3 of South Africa’s languages. OPIC [no mention in regulation]
HOW MUCH DO THE BANKS CHARGE? GLOBAL IFC There may be a standard charge for hard-copy documents or for documents on electronic discs or drives, other than a Summary of Investment Information, Summary of Advisory Services Project Information, or an Environmental and Social Review Summary. MIGA There may be a standard charge for hard-copy documents or a CD-ROM, other than a Summary of Proposed Guarantee or an Environmental and Social Review Summary. WB The Bank may charge reasonable fees for providing digital or hard copies, particularly for requests that are complex or time consuming. The bank has not charged fees to date. REGIONAL AfDB [no mention in policy] ADB [no mention in policy] EBRD [no mention in policy] EIB An applicant may be charged a fee to cover for reasonable costs arising from making available requested document(s). IADB The Access to Information Committee is responsible for establishing service fees and standards. Currently no fees are charged. NATIONAL AFD No charge. DBSA A requester must pay an access fee for reproduction, search and preparation of the record. OPIC Fees charged for cost of searching for, reviewing, duplicating, tabulating and compiling information, based on intended use of the information. Can be waived in public interest.
WHAT TYPE OF INFORMATION DO THE BANKS EXCLUDE FROM DISCLOSURE? The ATI policies list information to be excluded from disclosure, either for a limited period of time or forever. Exceptions to disclosure are vital to a successful ATI policy, in order to ensure that truly sensitive information, which could cause harm if released, remains closed to the public. Good ATI policies recognize though that these limitations should be clear and limited, in order to ensure that the policy supports transparency rather than secrecy. Photo: flickr/Tambako the jaguar
EXCLUDED INFORMATION Can information be withheld in relation to… Global Regional National IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC Legal or investigative matters? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Deliberative policy making processes? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Financial information of the institution? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes National security and/or the safety and security of individuals & property? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Personal privacy? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Conservation/protection of the environment? Yes Yes Yes No No Yes No Yes No No No May Information be withheld by a member country/third party? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
OVERRIDES All of the global or regional banks also maintain a right to disclose information that should otherwise be kept confidential in the face of an overriding public interest or other form of harm. Global Regional National IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC Can exemptions ever be overridden for a public interest or to otherwise reduce harm? Yes Yes Yes Yes Yes Yes Yes Yes No Yes Some- times1 Can information be kept confidential in the public interest/to reduce harm even if it doesn’t fall in an exception? No No Yes No Yes No Yes Yes Yes No No 1 For example, implementation of the exception for personnel or medical files requires OPIC to balance the public interest of releasing the information.
APPEALING DECISIONS TO WITHHOLD INFORMATION Global Regional National IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC Does the policy or FOI law require the bank to give a reason for denying a request? Yes Yes not expli- citly1 Yes Yes Yes Yes Yes Yes Yes Yes Is there a provision for internal review4 of refusals? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Is there a provision for external review5 of refusals? Yes Yes Yes Yes Yes No Yes Yes Yes No2 No3 May a complaint be brought to an accountability mechanism or national court? Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes 1 In practice the World Bank does explain the reason for denying a request. 2 Although the person can complain to the Public Protector. 3 While OPIC does not have its own external appeals body, there is an option to seek mediation services from the Office of Government Information Services at the National Archives and Records Administration. In addition, an appeal can be taken to the United States federal courts. 4 Internal appeals are reviewed by employees of the relevant institution. 5 External appeals are reviewed by people who are convened by the institution but not regular employees.
WHO IS IN CHARGE OF REVIEWING APPEALS? Who is in charge of an internal review? Who is in charge of external review? IFC ATI Policy Advisor ATI Policy Panel MIGA ATI Policy Advisor Access to Information Appeals Panel WB Access to Information Committee Access to Information Appeals Board AfDB Information Disclosure Committee Appeals Panel ADB Public Disclosure Advancement Committee Independent Appeals Panel EBRD Secretary General n/a EIB Secretary General EIB Compliance Officer IADB ATI Committee External Panel AFD Chief Executive Officer Commission d’accès aux documents administratifs DBSA Information Officer n/a OPIC Vice President & General Counsel n/a
STRUCTURES TO ENSURE IMPLEMENTATION Photo: flickr/Daniel Go
IMPLEMENTATION Photo: flickr/lecercle Implementation of the development bank ATI policies is, of course, not automatic. The development banks have undertaken steps to help ensure that their policies take effect. In addition to the creation of divisions within the institutions focused on information access and appeals processes, as mentioned above, this includes dedicating funds toward implementation, training staff, monitoring implementation, and reaching out to external stakeholders.
TRAINING Photo: flickr/Jonathan One challenge in implementing the ATI policies is to ensure that everyone in the institutions is aware of the policy requirements and their role in implementing them. Several of the banks have undertaken institution-wide training to help ensure that everyone understands, and is on- board with, changes in information management at the institution. They have used different incentives to encourage participation in these trainings. The World Bank, for example, committed to only allow email access to those employees who had completed the access to information training. The national banks can sometimes receive training from a national body dedicated to transparency. In South Africa, for example, the Human Rights Commission provides free trainings and seminars for Deputy Information Officers at public and private institutions such as the DBSA.
INFORMATION MANAGEMENT Photo: flickr/Artform Canada One of the main challenges associated with implementing an ATI policy is ensuring that information is properly catalogued, organized and archived. Several of the banks, including the World Bank, ADB and OPIC have invested in centralized information management systems to make it easier for staff to catalogue and distribute information. The banks have taken different approaches to dividing responsibilities within the institution. The ADB, for example, has designated “publishers” and “focal points” throughout the bank to help support implementation if the ATI policy and created an internal help desk to answer staff questions. Some banks have started to provide data in formats that can be read by computer, which renders the information useful for a broader range of purposes.
MONITORING Most of the reviewed development bank ATI policies or national freedom of information (FOI) laws include provisions for monitoring implementation and reporting results. Some banks (e.g. the IDB) provide specific monitoring indicators in their policy. Global Regional National IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC Does the policy require monitoring of implementation? Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes How often does the policy require the institution to report publically on implementation?1 “ongoing basis” “ongoing basis” “periodi- cally” Yearly Yearly Yearly Does not specify Yearly Yearly Yearly Yearly & quarterly 1 Institutions may report more often than required by their policies. For example, the World Bank publishes annual reports, as well as monthly updates on requests received and granted.
OUTREACH A final but vital step in successful implementation of an ATI policy is ensuring that the public is aware of the policy and how to take advantage of the access to information that it provides. Some banks have started to conduct such outreach and training. The World Bank, for example, has held outreach sessions for the members of civil society during its annual meetings. In 2013, World Bank staff carried out outreach missions in six country offices in the South Asia and East Asia and Pacific regions. Photo: flickr/CGIAR/P. Casier;flickr/International Rivers
CONCLUSION – MULTILATERAL DEVELOPMENT BANKS Transparency can increase accountability, strengthen trust, enhance legitimacy, and help promote the long- term success of investments. Many development banks have made progress in recent years to enhance their operational effectiveness through greater transparency. This includes, in particular, the World Bank Group and regional development banks, which have created relatively strong policies aimed at improving public access to information. The greatest challenge now for these institutions is to ensure effective implementation of their policies to ensure that transparency truly permeates their activities.
CONCLUSION – NATIONAL DEVELOPMENT BANKS Some national development banks have also created policies to allow access to information about their activities, although generally their policies provide less access to information than those of their multilateral and regional counterparts. National development bank actions for transparency are often the result of national freedom of information (or access to information) laws requiring transparency at government institutions. Of the national developments banks analyzed in this paper, OPIC appears to engage most actively in ensuring public access to information about its activities. On the other side of the spectrum lie those national development banks that have yet to create publically available policies ensuring public access to information, such as the Brazilian or Chinese development banks.
END Photo: flickr / Gerardo Pesantez / World Bank

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Access to Information at Development Banks

  • 1.
    ACCESS TO INFORMATION AT DEVELOPMENT BANKS GaiaLarsen, Roland Widmer & Bradley Schliesmann Photo: flickr / Gerardo Pesantez / World Bank
  • 2.
    INTRODUCTION Transparency is vitalfor good governance and effective, sustainable development. Access to information is a key element of development effectiveness. Information allows the public to understand the actions of their government and the financial institutions active in their country, and helps people hold these actors accountable for their actions. As a result of public pressure to embrace transparency, many development banks have developed policies to allow public access to information about their activities. These policies aim to clarify what information is available to the public, how the public can access that information, and what types of information are to be kept from public access.
  • 3.
    GLOBAL DEVELOPMENT BANKS Thefollowing global development banks are included in this slide deck: • World Bank (WB, composed of IBRD & IDA) – finances public actors globally. • International Finance Corporation (IFC) – finances private actors investing in developing countries. • Multilateral Investment Guarantee Agency (MIGA) – provides political risk insurance guarantees to private companies investing in developing countries. Photo: flickr/International Rivers; flickr/Luke Mackin; flickr/ CGIAR
  • 4.
    DOCUMENTS REVIEWED – GLOBALDEVELOPMENT BANKS Instit. Policy Related Documents1 WB • Policy on Disclosure and Access to Information (2012) • Disclosure and Access to Information Handbook IFC • Public Communications Policy (2011) • ADB Disclosure Handbook • Translation Framework • Safeguard Policy Statement MIGA • Public Information Policy (2014) • Environmental and Social Policy 1 These documents provide further details on how the ATI policy is to be implemented.
  • 5.
    REGIONAL DEVELOPMENT BANKS Thefollowing regional development banks are included in this slide deck: • African Development Bank (AfDB) – supports public and private actors in Africa. • Asian Development Bank (ADB) – supports public and private actors in Asia. • European Bank for Reconstruction and Development (EBRD) – supports micro, small and medium-sized enterprises in Europe, western Asia, and northern Africa. • European Investment Bank (EIB) – invests primarily in the poorer European countries. • Inter-American Development Bank Group (IDB) – supports governments and companies in Latin America and the Caribbean.
  • 6.
    DOCUMENTS REVIEWED – REGIONALDEVELOPMENT BANKS Instit. Policy Related Documents AfDB • Policy on Disclosure and Access to Information (2012) • Disclosure and Access to Information Handbook ADB • Public Communications Policy (2011) • ADB Disclosure Handbook • Translation Framework • Safeguard Policy Statement EBRD • Public Information Policy (2014) • Environmental and Social Policy EIB • EIB Transparency Policy (2010) • Guidance Note for Promoters and Partners on the EIB’s Transparency Policy • EIB Statement of Environmental & Social Principles & Standards IADB • Access to Information Policy (2010) • Environment and Safeguards • Compliance Policy
  • 7.
    NATIONAL DEVELOPMENT BANKS Thesenational development banks that are included in this slide deck: • Development Bank of Southern Africa (DBSA) – a South African bank which supports primarily large infrastructure projects in southern Africa • French Agency for Development (AFD) – public development finance institution that fights poverty and fosters economic growth in low and middle income countries and the French Overseas Provinces • Overseas Private Investment Corporation (OPIC) – U.S. Government’s development finance institution, which mobilizes private capital to support U.S. companies investing in developing countries
  • 8.
    DOCUMENTS REVIEWED – NATIONALDEVELOPMENT BANKS Instit. Policy/Law Related Documents AFD • Transparency Policy (2007) • French Law on Development Policy and International Solidarity (2014) • Annex to the Transparency Policy; French Law 2014-773 • Interdepartmental Committee on International Cooperation & Development (2013): Summary of Decision DBSA • DBSA Promotion of Access to Information Act: A Guide to Access Information (2012) • DBSA Environmental and Social Safeguard Standards (2014) OPIC • United States Freedom of Information Act (FOIA) • FOIA regulations, at 22 C.F.R. Part 706 • Open Government Plan • Information Quality Guidelines • Environmental and Social Policy Statement (2010) • FOIA FAQ
  • 9.
    NATIONAL DEVELOPMENT BANKS NOTREVIEWED While some national development banks have developed access to information policies (often in reaction to legal requirements associated with their home country), other national banks still lack policies outlining the public’s right to gain access to information about their activities. This includes some of the world’s largest development banks, such as: • Brazil’s National Development Bank (BNDES) and • China Development Bank (CDB) Due to the lack of policies at these institutions, we did not include them in this analysis.
  • 10.
  • 11.
    STATED INTENT OFTHE ATI POLICIES The Access to Information (ATI) policies of the development banks aim to boost institutional effectiveness in delivering development results. This appears to be particularly true for the global and regional banks: • The IFC “believes that transparency and accountability are fundamental to fulfilling its development mandate.” • The ADB policy aims to “[i]ncrease the development impact of ADB operations.” • The IDB expects that transparency will “improve the quality of its operations.”
  • 12.
    TRANSPARENCY, ACCOUNTABILITY & LEGITIMACY Developmentbanks state that transparency can increase accountability: • AfDB: “through greater transparency, stakeholders are able to monitor the outcomes of Bank Group operations and therefore help assure that benefits reach the intended beneficiaries.” • World Bank: greater openness “not only assists in exposing potential wrongdoing and corruption, but also enhances the possibility that problems will be identified and addressed early on.” They also state that transparency builds trust and legitimacy: • ADB: an objective of the policy “is to enhance stakeholders’ trust in and ability to engage with ADB.” • EBRD: “believes that transparency and accountability are fundamental to… strengthening public trust in the EBRD.” • IFC: “when clients are committed to transparency and accountability they help promote the long-term profitability of their investments.”
  • 13.
  • 14.
    PRESUMPTION IN FAVOROF ACCESS The ATI policies are based on certain fundamental principles. One such principle is to maximize disclosure by making all information open and available to the public unless it falls into one of the limited and clearly defined exceptions. This principle is known as the “presumption in favor of access.” Global Regional National IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC Does the policy have a presumption in favor of access? Yes Yes Yes Yes Yes Yes Yes Yes No Yes1 Yes 1 South Africa’s Promotion of Access to Information Act provides a presumption in favor of access, which legally should apply to DBSA. The DBSA policy does not specifically state this however.
  • 15.
    PROACTIVE DISCLOSURE One mainway that the development banks give access to information is by providing such information regularly on their website, or at information centers at their headquarters and in-country offices without people having to ask for it first. ATI policies tend to list at least some of the information that the banks must disclose proactively to the public, which allows people to access that information without having to first submit a request to the institution. Photo: flickr/Magnus Halsnes
  • 16.
    EXAMPLES OF PROACTIVELY DISCLOSEDINFORMATION Global Regional National IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC Board meeting minutes Yes Yes Yes Yes Yes Yes No Yes No No Yes Board Committee meeting minutes Yes Yes Yes Some- times1 No No No Yes No No Yes Project/Program documents Yes Yes Yes Yes Yes Summ- aries Yes Yes Yes No Summ- aries Country Strategies Yes Yes Yes Yes Yes Yes Yes Yes Yes No No Environmental & Social Impact Assessments Yes Yes Yes Yes Yes Some- times2 Yes Yes No No Yes Information on how to access information Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 1 When the committee makes a decision and a subsequent Board discussion is not expected. 2 Environmental and Social Impact Assessments are disclosed for Category A projects, summaries are disclosed for other typesof projects.
  • 17.
    REQUESTS FOR INFORMATION Thedevelopment banks also provide information upon request. All of the banks have sections or divisions responsible for overseeing implementation of their ATI requirements, and requests for information can usually be submitted to these bodies via online forms, email, fax, regular mail, or in person. Photo: flickr/Meena Kadri
  • 18.
    WHO IS RESPONSIBLEFOR IMPLEMENTATION? GLOBAL IFC Public Affairs MIGA Corporate Communications Unit WB External and Corporate Relations; Archives Unit; Legal Department REGIONAL AfDB Communication and External Relations Department (CERD) ADB Public Information & Disclosure Unit (InfoUnit) EBRD Secretary General; Communications Department EIB Communications Department IDB Office of the Secretary – Access to Information Section NATIONAL AFD Strategy, Partnership and Communication Directorate – Strategic Steering and Accountability Division DBSA Information Officer (CEO); Deputy Information Officer OPIC Office of External Affairs; Office of the Chief Information Officer; FOIA Office
  • 19.
    HOW LONG DOTHE BANKS HAVE TO RESPOND? GLOBAL IFC Response in 30 days, unless additional time required due to scope of request. MIGA “Endeavors” to respond within 30 days unless more time is required. WB Acknowledged within 5 working days, response within 20 working days. Additional time may be needed. REGIONAL AfDB Acknowledged within 5 working days, more comprehensive response within 20 working days. More time may be needed in some special circumstances. ADB Acknowledged within 5 working days and notification as soon as a decision has been made but no later than 20 working days. EBRD Acknowledged generally within 5 working days, not more than 10 working days. Normal response within 20 working days, can be expanded to max 40 working days. EIB Reply “without delay" no later than 15 working days. IADB Response within 30 calendar days; 45 calendar days for historic information. If more time is required, the public information center will inform the requester. NATIONAL AFD Reply within 30 business days. If more time required, will contact requester. DBSA Will inform the requestor of his decision within 30 days, may extend to max 30 days. OPIC The FOIA requires OPIC to respond within 20 working days of receipt. In unusual circumstances, OPIC may require an extension of time or expedite process.
  • 20.
    ARE TRANSLATIONS AVAILABLE? GLOBAL IFC IFCwill respond to requests in English, but if receives requests in other languages, will try to respond in that language. Abides by WBG Translation Framework. MIGA MIGA will respond to request in English, but it receives requests in other languages, will try to respond in that language. Abides by WBG Translation Framework. WB Official languages: Arabic, Chinese, English, French, Portuguese, Russian, and Spanish. The Bank translates documents in accordance with the WBG Translation Framework. REGIONAL AfDB Requests should be submitted to AfDB in English or French. However the Bank has the discretion to accept requests made in another official language of a member country. ADB Will conduct translations based on Translation Framework. Criteria for undertaking translation: audience literacy level, relevant languages, alternatives, time required, costs. EBRD Requests in Russian, German or French will be responded to in that language. May also forward requests to Resident Offices for translation. Otherwise, response in English. EIB EIB's statutory documents are available in official EU languages, while others are available in English, French and German. Other translation considered if wide interest. IADB Should publish public versions of documents in all languages available. NATIONAL AFD Information is disseminated in its existing form in the language in which it was drafted. DBSA Must provide a manual with certain information in at least 3 of South Africa’s languages. OPIC [no mention in regulation]
  • 21.
    HOW MUCH DOTHE BANKS CHARGE? GLOBAL IFC There may be a standard charge for hard-copy documents or for documents on electronic discs or drives, other than a Summary of Investment Information, Summary of Advisory Services Project Information, or an Environmental and Social Review Summary. MIGA There may be a standard charge for hard-copy documents or a CD-ROM, other than a Summary of Proposed Guarantee or an Environmental and Social Review Summary. WB The Bank may charge reasonable fees for providing digital or hard copies, particularly for requests that are complex or time consuming. The bank has not charged fees to date. REGIONAL AfDB [no mention in policy] ADB [no mention in policy] EBRD [no mention in policy] EIB An applicant may be charged a fee to cover for reasonable costs arising from making available requested document(s). IADB The Access to Information Committee is responsible for establishing service fees and standards. Currently no fees are charged. NATIONAL AFD No charge. DBSA A requester must pay an access fee for reproduction, search and preparation of the record. OPIC Fees charged for cost of searching for, reviewing, duplicating, tabulating and compiling information, based on intended use of the information. Can be waived in public interest.
  • 22.
    WHAT TYPE OFINFORMATION DO THE BANKS EXCLUDE FROM DISCLOSURE? The ATI policies list information to be excluded from disclosure, either for a limited period of time or forever. Exceptions to disclosure are vital to a successful ATI policy, in order to ensure that truly sensitive information, which could cause harm if released, remains closed to the public. Good ATI policies recognize though that these limitations should be clear and limited, in order to ensure that the policy supports transparency rather than secrecy. Photo: flickr/Tambako the jaguar
  • 23.
    EXCLUDED INFORMATION Can informationbe withheld in relation to… Global Regional National IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC Legal or investigative matters? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Deliberative policy making processes? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Financial information of the institution? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes National security and/or the safety and security of individuals & property? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Personal privacy? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Conservation/protection of the environment? Yes Yes Yes No No Yes No Yes No No No May Information be withheld by a member country/third party? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
  • 24.
    OVERRIDES All of theglobal or regional banks also maintain a right to disclose information that should otherwise be kept confidential in the face of an overriding public interest or other form of harm. Global Regional National IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC Can exemptions ever be overridden for a public interest or to otherwise reduce harm? Yes Yes Yes Yes Yes Yes Yes Yes No Yes Some- times1 Can information be kept confidential in the public interest/to reduce harm even if it doesn’t fall in an exception? No No Yes No Yes No Yes Yes Yes No No 1 For example, implementation of the exception for personnel or medical files requires OPIC to balance the public interest of releasing the information.
  • 25.
    APPEALING DECISIONS TO WITHHOLDINFORMATION Global Regional National IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC Does the policy or FOI law require the bank to give a reason for denying a request? Yes Yes not expli- citly1 Yes Yes Yes Yes Yes Yes Yes Yes Is there a provision for internal review4 of refusals? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Is there a provision for external review5 of refusals? Yes Yes Yes Yes Yes No Yes Yes Yes No2 No3 May a complaint be brought to an accountability mechanism or national court? Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes 1 In practice the World Bank does explain the reason for denying a request. 2 Although the person can complain to the Public Protector. 3 While OPIC does not have its own external appeals body, there is an option to seek mediation services from the Office of Government Information Services at the National Archives and Records Administration. In addition, an appeal can be taken to the United States federal courts. 4 Internal appeals are reviewed by employees of the relevant institution. 5 External appeals are reviewed by people who are convened by the institution but not regular employees.
  • 26.
    WHO IS INCHARGE OF REVIEWING APPEALS? Who is in charge of an internal review? Who is in charge of external review? IFC ATI Policy Advisor ATI Policy Panel MIGA ATI Policy Advisor Access to Information Appeals Panel WB Access to Information Committee Access to Information Appeals Board AfDB Information Disclosure Committee Appeals Panel ADB Public Disclosure Advancement Committee Independent Appeals Panel EBRD Secretary General n/a EIB Secretary General EIB Compliance Officer IADB ATI Committee External Panel AFD Chief Executive Officer Commission d’accès aux documents administratifs DBSA Information Officer n/a OPIC Vice President & General Counsel n/a
  • 27.
  • 28.
    IMPLEMENTATION Photo: flickr/lecercle Implementation ofthe development bank ATI policies is, of course, not automatic. The development banks have undertaken steps to help ensure that their policies take effect. In addition to the creation of divisions within the institutions focused on information access and appeals processes, as mentioned above, this includes dedicating funds toward implementation, training staff, monitoring implementation, and reaching out to external stakeholders.
  • 29.
    TRAINING Photo: flickr/Jonathan One challengein implementing the ATI policies is to ensure that everyone in the institutions is aware of the policy requirements and their role in implementing them. Several of the banks have undertaken institution-wide training to help ensure that everyone understands, and is on- board with, changes in information management at the institution. They have used different incentives to encourage participation in these trainings. The World Bank, for example, committed to only allow email access to those employees who had completed the access to information training. The national banks can sometimes receive training from a national body dedicated to transparency. In South Africa, for example, the Human Rights Commission provides free trainings and seminars for Deputy Information Officers at public and private institutions such as the DBSA.
  • 30.
    INFORMATION MANAGEMENT Photo: flickr/ArtformCanada One of the main challenges associated with implementing an ATI policy is ensuring that information is properly catalogued, organized and archived. Several of the banks, including the World Bank, ADB and OPIC have invested in centralized information management systems to make it easier for staff to catalogue and distribute information. The banks have taken different approaches to dividing responsibilities within the institution. The ADB, for example, has designated “publishers” and “focal points” throughout the bank to help support implementation if the ATI policy and created an internal help desk to answer staff questions. Some banks have started to provide data in formats that can be read by computer, which renders the information useful for a broader range of purposes.
  • 31.
    MONITORING Most of thereviewed development bank ATI policies or national freedom of information (FOI) laws include provisions for monitoring implementation and reporting results. Some banks (e.g. the IDB) provide specific monitoring indicators in their policy. Global Regional National IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC Does the policy require monitoring of implementation? Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes How often does the policy require the institution to report publically on implementation?1 “ongoing basis” “ongoing basis” “periodi- cally” Yearly Yearly Yearly Does not specify Yearly Yearly Yearly Yearly & quarterly 1 Institutions may report more often than required by their policies. For example, the World Bank publishes annual reports, as well as monthly updates on requests received and granted.
  • 32.
    OUTREACH A final butvital step in successful implementation of an ATI policy is ensuring that the public is aware of the policy and how to take advantage of the access to information that it provides. Some banks have started to conduct such outreach and training. The World Bank, for example, has held outreach sessions for the members of civil society during its annual meetings. In 2013, World Bank staff carried out outreach missions in six country offices in the South Asia and East Asia and Pacific regions. Photo: flickr/CGIAR/P. Casier;flickr/International Rivers
  • 33.
    CONCLUSION – MULTILATERAL DEVELOPMENTBANKS Transparency can increase accountability, strengthen trust, enhance legitimacy, and help promote the long- term success of investments. Many development banks have made progress in recent years to enhance their operational effectiveness through greater transparency. This includes, in particular, the World Bank Group and regional development banks, which have created relatively strong policies aimed at improving public access to information. The greatest challenge now for these institutions is to ensure effective implementation of their policies to ensure that transparency truly permeates their activities.
  • 34.
    CONCLUSION – NATIONAL DEVELOPMENTBANKS Some national development banks have also created policies to allow access to information about their activities, although generally their policies provide less access to information than those of their multilateral and regional counterparts. National development bank actions for transparency are often the result of national freedom of information (or access to information) laws requiring transparency at government institutions. Of the national developments banks analyzed in this paper, OPIC appears to engage most actively in ensuring public access to information about its activities. On the other side of the spectrum lie those national development banks that have yet to create publically available policies ensuring public access to information, such as the Brazilian or Chinese development banks.
  • 35.
    END Photo: flickr /Gerardo Pesantez / World Bank