Appeals Received and Reviewed by the Public Disclosure Advisory Committee (PDAC)
| Information/Document Previously Denied by ADB | Requester's Country | Reason(s) for Denial | Date Received | Date Responded | Decision Taken |
|---|---|---|---|---|---|
| Annotated Guide to the ADB Charter | Germany | The requested document includes ADB's internal deliberative information, references to Board of Directors proceedings, and information subject to attorney-client privilege. | 27 Feb 2017 | 27 Mar 2017 | Based on the recommendation of PDAC, ADB Management upheld ADB's original decision to deny access to the requested document. |
| 46915-014: Nonsovereign Loan Combined Heat and Power 5 Project in Mongolia – April 2016 version of the draft ESIA (Environmental and Social Impact Assessment) | Japan | The requested document (April 2016 draft ESIA) was a draft submitted by the project sponsor to ADB and other cofinanciers for further inputs and deliberation. It does not constitute a final draft and it is still subject to substantial changes. ADB invoked PCP exceptions 97 (i) and 97 (ii). | 1 Sep 2016 | 27 Oct 2016 | Confirmed non-disclosure of the April 2016 draft ESIA as the document is still deliberative in nature and could be misleading to the public. |
| 37269-023: Greater Mekong Subregion: Rehabilitation of the Railway in Cambodia Project – Public Interest Appeal for Disclosure of the ADB Compliance Review Panel’s Comments on the ADB Management Action Plan | United States of America, Cambodia | The Public Disclosure Advisory Committee carefully considered the public interest versus the harm that may be caused by disclosure of the CRP Comments and concluded that disclosure of any views and ideas that informed ADB’s internal deliberative process may constrain further progress on remediation planning, implementation, and the ongoing efforts to find solutions that would be agreeable to the Government. Hence, if these efforts to find solutions stall, it would jeopardize implementation of any plan, which in turn would have serious ramifications for the affected people, their lives, and well-being. Accordingly, the harm that would result from the disclosure of the CRP Comments would be substantial and therefore disclosure of the comments would not benefit the affected people under the project. | 20 May 2014 | 13 Jun 2014 | Based on the recommendation of PDAC, ADB Management decided to uphold ADB's original decision to deny public access to the requested information. |
| 37269-023: Greater Mekong Subregion: Rehabilitation of the Railway in Cambodia Project – Public Interest Appeal for Disclosure of the Consultant’s Report, “Monitoring of Population Resettlement in Cambodia’s Railway Rehabilitation Project, Current Status, Strengths, Weaknesses, and Recommendations” | United States of America | PDAC carefully considered the substantial, immediate, and likely irreparable, harm--outweighing the benefits of disclosure--that may be caused by disclosure of the entire Report, including: (i) further delays in the implementation of the Project and the resolution of the issues facing the affected people; (ii) damage to ADB’s long-term relationship with the Government of Cambodia and its ability to fulfill its development mandate in Cambodia; and (iii) compromising the integrity of ADB’s deliberative decision-making process, both internal and between ADB and its members, as set out in para. 97 of the PCP. | 16 Feb 2013 | 15 Mar 2013 | Denial of disclosure of the full Report confirmed; President decided on a public interest override to disclose the Recommendations of the Report which were disclosed on the project website on 19 March 2013. |
| Loan-2288-REG (CAM): GMS Rehabilitation of the Railway in Cambodia - detailed measurement survey (12 February 2010 and 12 March 2010) | Cambodia | PCP 2005 Para. 126.3 - Information obtained in confidence from a government or international organization, that, if disclosed, would or would be likely to materially prejudice ADB's relations with that party. | 14 Dec 2010 | 12 Jan 2011 | Denial confirmed |
| Project 43281-NEP: Upper Seti Hydropower – "papers, memos, records, etc." that were used to prepare the initial poverty and social analysis (13 Dec 2010) | Japan | PCP 2005 Para. 126.1 - Internal information that, if disclosed, would or would be likely to compromise the integrity of ADB's deliberative and decision-making process. | 14 Dec 2010 | 12 Jan 2011 | Denial confirmed |
| Project 35049-BAN: Padma Multipurpose Bridge Project- Aide Memoires for 2 safeguards review missions in 2009- (3 March 2010) | Japan | PCP 2005 Para. 126.2 - Disclosure would compromise the integrity of deliberative process between ADB and the Government. | 9 Mar 2010 | 8 Apr 2010 | Denial Confirmed |
| Public disclosure before Board approval of the "Mainstreaming the Multitranche Financing Facility" (MFF) R-paper (21 November 2007, 29 May 2008, and 30 June 2008) |
United States | PCP 2005 Para. 66 of the PCP does not apply to this MFF paper as it is not a safeguard policy or sector and thematic strategy. It is covered by PCP para. 67 which states that ADB shall make all ADB policy or strategy papers publicly available no later than upon final approval. | 3 Jul 2008 | 9 Jul 2008 | Denial Confirmed |
| Loan 1443-KGZ: Power and District Heating Rehabilitation Project - Request for Mission Review Reports 2, 3, 4 and 5 (10 Apr 2008) | Kyrgyz Republic | PCP 2005 Para 126.1 - Internal information that, if disclosed, would or would be likely to compromise the integrity of ADB's deliberative and decision-making process. Para. 126.2 - Disclosure would compromise the integrity of deliberative process between ADB and the Government. Para. 126.3 - Information obtained in confidence from a government or international organization, that, if disclosed, would or would be likely to materially prejudice ADB's relations with that party. |
15 May 2008 | 13 Jun 2008 | Denial Confirmed |