Tajikistan Framework Agreement | Accountability Console
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Tajikistan Framework Agreement

Issues

Consultation and disclosure

Description: Complaint raises concerns regarding inadequate or absent consultation about or disclosure of project information, including project impacts and/or mitigation plans.

Complaints with this Issue: 538

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Sectors

Other

Description: Project relates to an industry that does not fit in one of the other sectors. Projects about which there is no publicly available information regarding the industry are also included.

Complaints in this Sector: 595

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Project

Name: Tajikistan Framework Agreement

Investments: EIB

Client:

Support:

Country: Tajikistan

Complaint

IAM: Complaints Mechanism (CM)

ID: SG/A/2009/03

Date Filed: March 25, 2009

Date Closed: May 4, 2009

Status: Closed With Outputs

Description

On 25 March 2009, CEE Bankwatch Network, a non-governmental organisation which monitors the activities of the international financial institutions in Central and Eastern Europe, submitted a complaint to the EIB Complaints Mechanism (EIB-CM). The complaint concerns the request for disclosure of the Framework Agreement between the EIB and the Republic of Tajikistan submitted to the competent services of the EIB on 17 February 2009. In its message, the complainant took the view that its request was wrongly rejected insofar as the concerned services refused the disclosure on the basis of ยง33 of the Public Disclosure Policy, thus considering the Framework Agreement as a "third-party document". Following a preliminary analysis on the admissibility of the complaint, the EIB-CM deemed appropriate to carry out further inquiries with a view to gathering additional information on the complaint. In this context, the EIB-CM reviewed the information provided by the complainant as well as the submissions by the competent services of the EIB. Finally, it conducted an inter-services consultation on the issue raised by the complainant. Following a review of the exchange of correspondence between the complainant and the competent services of the EIB, the EIB-CM acknowledges that the refusal to disclose the Framework Agreement was not correctly grounded. However, the EIB-CM concludes that the EIB is not in the position to disclose the requested document insofar as it is still undergoing the process of ratification by the competent authorities of Tajikistan. In that regard, the EIB-CM recommends the competent services of the EIB to liaise with the Tajiki authorities with a view to timely inform the complainant on the status of its request once the requested document have been ratified. The complainant subsequently turned to the European Ombudsman.

Complaint Stages

Filing

March 25, 2009

Filing

Status:

Start Date: March 25, 2009

Registration

March 25, 2009 -

March 31, 2009

Registration

Status: Closed With Output

Start Date: March 25, 2009

End Date: March 31, 2009

Eligibility

March 31, 2009 -

April 1, 2009

Eligibility

Status: Closed With Output

Start Date: March 31, 2009

End Date: April 1, 2009

Dispute Resolution

Not Undertaken

Dispute Resolution

Status: Not Undertaken

Explanation: Case closed in earlier stage; Unknown

Compliance Review

April 1, 2009 -

May 4, 2009

Compliance Review

Status: Closed With Output

Explanation: Case closed in earlier stage

Has Compliance Report: Yes

Non-Compliance Found: No

Monitoring

Not Undertaken

Monitoring

Status: Not Undertaken

Explanation: Case closed in earlier stage; Outside of mandate, Bank not found to be responsible party

Closed

May 4, 2009

Timeline

Involved Groups

Name Complaints Group Type
CEE Bankwatch Network 41 International CSO