Complaint Handling Mechanism (CHM) is an important part of project governance’s monitoring framework that is essential for the anti-corruption action plan. The CHM, a NWPRIP mechanism handling measure, once put in place would improve transparency and accountability through strengthened procurement arrangement and financial management, and enhanced public disclosure. Well designed and implemented CHM would strengthen NWPRIP project management’s objectives of effective and efficient operation and good governance.
The steps on how to complain, how complaints are received, considered and adjudicated at all times during the implementation of the project are highlighted below for reference and guidance of all concerned departments.
Step in CHM
Details and Mechanics
|Step 1: Publicize the Mechanisms||CHM is disclosed in project website. It should also be publicized in information boards of MPWT, Provincial Department of Public Works and Project sign board during the construction. In short all avenues for wide publication should be exploited.|
|Step 2: Receive and Register||Complaints Receivea) General public can file complaints through
(i) Postal address at the Ministry of Public Works and Transport (MPWT), Phnom Penh
(ii) E-mail: email@example.com
(iii) Letter written directly to project Director of PMU3.
(iv) In addition, complaints can be lodged in a complaint box prominently kept in each project site and in another box also kept in the provincial department of Public Works.
(v) In cases a complainant has credible information on wrongdoings and corruption, he may complain to the Asian Development Bank (ADB);
b) In addition, verbal complaints(made either personally or through telephone calls made to a notified dedicated phone number fitted with a recorder) or anonymous complaints received shall also be considered for due verification of their seriousness and validity.
c) The details of investigations, findings, internal discussions and conclusions should be recorded in a separate confidential file for each case.
a) Complaints received shall be recorded in a separate confidential register or in a file with unique reference number, date and time received, mode of receipt, complainant’s name and contact details. The register should not contain any details of the person or organization against whom the complaint is being made.
b) Complaints (verbal and anonymous) shall also be taken into account and registered for further action if the committee perceives that they are falling under potential degree of seriousness.
c) The Register being a central record of all complaints should show a brief summary of the logistical steps (with dates) of the investigation process for each complaint as well as the final
|Step 3: Review and Investigation||Complaints CommitteePersons to be in charge of Complaints Handling Committee include:
Note: If the complaint received involves any of the officers in the above Committee, then such a member shall be promptly replaced by another member appointed by the Minister of MPWT who would be the final authority to decide on the appeals / complaints.
a) The complaints received by the Administration Manager of the Committee shall be categorized under
i) Department wise
ii) Location wise, and
iii) Subject wise for easy reference and analysis
b) Once in 15 days the committee members shall meet to review the complaints received and propose an action plan.
c) Investigation shall begin quickly and diligently. Investigations must be neutral. In cases where investigations are complex and unavoidably take longer, the complainant should be notified of progress at 14-day intervals.
d) Persons or entities accused of wrongdoing must be given a fair opportunity to present their side of the case.
e) Result from investigation will be reported to the committee who will take final adjudication within 10 days.
During the investigation and consideration stages, confidentiality shall be maintained on the source and any person, company or entity accused of wrongdoing. Investigation findings should not be released beyond Committee members.
|Step 4:Right to Appeal Adjudication||a) Complainants have a right of appeal to higher/involved authorities, if they are dissatisfied with the committee’s decision.b) When final decision is reached, the outcome will be publicly disclosed website: www.mpwt.gov.kh/external/fund/cnprip. The disclosure of final decision/response on the complaints should be at the project area including MPWT/Provincial Department of Public Works etc, so that “access to information” is readily available to the public at large.
c) In case where a complaint that may involve a breach of a development partner’s legal agreement should be notified to the concerned partner immediately not after investigation and outcome, to enable the development partner to track the investigation process and status and keep its management informed.
|Step 5: Monitoringand Evaluation||a) The complaints book (or computer file) and all notes, memos and letters relating to a complaint and its investigation shall be maintained for review for minimum of two years after the completion of the project.b) Tracking and assessing the progress to resolve complaints.
c) Analyze the complaint data for continual improvement in complaints handling system.
This Complaints and Remedies Mechanism shall take effect upon the date of its signature, and all the persons named in the Complaints Committee above shall be tasked to effectively implement the mechanism in its entirely.