Dear Ms. Drilon,

Thanks for calling me the last day. This email is the documentation of the salient features of our telephonic conversation so that we can keep the record. If there are some mistakes, please let me know:

You asked me why we have not yet filed our comments on the terms of reference for the chashma inspection panel? My reply to your question was as follows:

One, we have serious disagreement with the language and content of the terms of references. We believe that the inspection panel should be independent in deciding the scope of inspection and policy compliance.

Two, the terms of ereference gives the impression that the inspection will have little focus on technical failures of the project, while our major concern has always been the technical failures that led to serious adverse social and environmental implications for ecology and livelihoods.

Three, it is not clear from the terms of reference whether the engagement and disengagement (multi-stakeholders dialogue and the grievance redress process) will be part of the inspection focus or not. We strongly believe that the processes of engagement, disengagement, and the so called process of grievance redress should be part of the inspection process.

Four, we are not sure whether our comments will be incorporated or not. Therefore, we want to ensure at least transparency that our comments should be posted on ADB website.

Five, the demand to post our comments on ADB website is aimed to register the point that the issue of the compliance with policy on confidentiality and disclosure should be seriously considered to bring into overall inspection focus.

Some other points were as follows:

We would like to invite the inspection panel to attend the Chashma Lok Sath (Chashma Peoples Assembly) to be held on 26-27 March, 2004. Besides the inspection panel, we would like to invite ADB management, executing agencies, NGOs and civil society organizations. We will also invite imminent persons to attend the Chashma Lok Sath as witnesses of testimonies given by the victims of the project.

We would also like to arrange the meetings of the inspection panel with men and women in different village locations. We would not like that these meetings should be attended by either ADB Managment or WAPDA/executing agencies. Also, we don't need translators for these meetings. We will be performing translation task ourselves.

If the inspection panel is not allowed to visit Pakistan, then our engagement in this process will be very difficult. We believe that ADB must ensure that inspection panel should be able to visit the project area and attend the Chashma Lok Sath to be held on 26-27 March, 2004.

Most importantly, we should have unregulated and free access to the inspection panel.

At the end, you told me that you would talk to the members of the Board Inspection Committee about posting our comments on ADB website and let me know today. I told you that we would not insist posting our comments immediatly. We would however like to get assurance that our comments shall be posted along with the final terms of references as soon as these are finalized. However, if our demand to post our comments is not accepted, we would not like to file our comments. Rather, we will circulate our comments as widely as possible and post those comments on our own website that is accessable to everyone. However, this will be in fact the beginning of the marginalization of the inspection requesters from the outset of the inspection process.

Please let me know if there are some mistakes in this documentation

With best regards,

Mushtaq Gadi