BOAD’S PRATICAL GUIDE FOR COMPLIANCE REVIEW,
COMPLAINT AND GRIEVANCE PROCEDURE
The environmental and social policies, procedures and guidelines of the West African Development Bank (BOAD) have set minimum standards for the design and implementation of development and investment projects. These consist of:
- Making sure that development approaches envisaged are environmentally rational, socially fair and economically viable;
- Making sure that environmental and social risks of projects are identified at the earliest in order to take them into account in project design and implementation.The purpose is to protect the populations living in the vicinity of the projects, the disadvantaged and vulnerable groups and ensure participation of local stakeholders. Mindful that despite all measures to be taken, natural persons and communities may be affected by BOAD-supported projects, BOAD has set up a compliance review and grievance system to receive requests or complaints, deal with them and help solve problems concerning people affected by projects financed by the Bank.
Who can lodge a complaint or a request for compliance review?
- Any individual or any group of persons in the country or countries where the project financed by the Bank is located, who deem that following a violation by BOAD of its own policies, procedures or guidelines, their interests have been or may be affected in a direct and concrete manner.
- Organizations, associations, communities or other groups of individuals affected by a project financed by the Bank.
- A local representative duly authorized, acting upon explicit instruction of the affected people or a foreign representative in cases where there is no adequate or appropriate representation in the country where the project is implemented.
- The Board of Directors and the Council of Ministers of the Bank.
What information should be included in a request for compliance review or in complaint?
This petition should:
- Describe the project, subject of the request;
- Explain how BOAD’s policies, procedures or contractual provisions have been seriously infringed;
- Describe how the act or omission on the part of BOAD has led or could lead to the violation of a specific provision;
- Describe how the parties are, or are likely to be, materially and adversely affected by BOAD’s act or omission;
- Describe the steps taken by the affected parties to resolve the problem of violation with BOAD staff, and explain how the Bank’s response was not adequate;
Complainants wishing to resubmit a request pertaining to issues previously dealt with by the Compliance Officer, should show evidence and changing circumstances justifying a review of such issues.
If some information requested above cannot be provided, an explanation should be attached to the request.
The following shall be enclosed in addition:
- All the correspondence exchanged with BOAD staff;
- The minutes of the meetings held with BOAD staff;
- A map or graph, where appropriate, indicating the place where the affected party is or the area affected by the project; and
- Any other evidence to support that request.
Form of the request
- The request may be presented in the form of a letter, electronic mail (e-mail), fax, etc.
- The request shall be made in writing, dated and signed.
- It shall be drafted in French which is the working language of BOAD. It can also be filed in English; in such case, the processing period will be extended to include the time needed for translation.
Where to lodge the request?
- The letter can be submitted or sent by post or by fax to BOAD headquarters in Lomé or in one of the Resident Mission in the other countries.
- The request by e-mail shall be sent to the dedicate d electronic address of the Compliance Officer at firstname.lastname@example.org
Requests for compliance review, complaints or grievance to be addressed to the Compliance Officer do not include ethe following:
- Complaints from bidders and suppliers about the procurement process;
- Cases of alleged fraud or corruption;
- Frivolous and malicious complaints;
- Cases brought before any administrative bodies of BOAD;
- Cases brought before other courts of similar bodies;
- Complaints generated to gain competitive advantage;
- Cases already reviewed by the MII, except where there is concrete new evidence;
- Liability for third party actions;
- Suitability or appropriateness of the Bank’s policies and procedures, and
- Private projects, except for environmental and social policies.
Recording and processing a request
Requests for compliance review and complaints are collected, recorded and handled by the Compliance and Regulation
Division within the prescribed time and according to the required efficiency, as provided by the relevant stipulations of BOAD’s compliance review policy and procedures manual and grievance policy and procedures manual.
Guarantees of optimal handling
Review and complaints handling assumed by the Compliance and Regulation Division, with the guarantee of independence, fairness, transparency, professionalism, accessibility and efficiency, in accordance with the principles of success stated in BOAD’s compliance review policy and grievance policy and procedures manual.
Information and assistance
For applicants, this document should serve as a resource guide on compliance review and complaints handling procedures.
Complainants are therefore urged to refer to BOAD’s compliance review policy and procedures manual and grievance policy and procedures manual.
For further information or assistance, complainants may address an email to the Compliance Officer at email@example.com and/or forward a copy of their requests for compliance review or problem solving at firstname.lastname@example.org.