Damaan Bachao Taralla
background
development induced destructions
maps
Chashma Irrigation Project
introduction
concerns
histories of chashma struggles
Chashma Lok Sath
  opening declaration
  Judgement
  stories
  statements
Chashma Inspection
  introduction
  what is inspection?
  Claims and Process
  GRSC
People's Struggles
  Projects
  Issues
News& Updates
  2004
  2003
Resources
  Library
  Images
  Relevant Links
About Us
  who are we
  aims and objectives
  contacts
 
 
Email to the Secretariat of ADB Board Inspection Committee. 10 February 2004.
 

Dear Ms. Drilon,

I acknowledge the receipt of final terms of reference for the Chashma inspection panel dated February 3, 2004. After reviewing the document very carefully, the following are the serious concerns:

1-Inspection, Chashma Environmental Management Plan and NDP: The final terms of reference for the inspection of Chashma Right Bank Irrigation Project determine that the inspection panel will be only authorized to undertake the inspection of the Project with reference to ADB Loan No. 1146-PAK (SF). While the Chashma Environmental Management Plan is being funded as the sub-project of the National Drainage Program (NDP) under the ADB Loan No. 1413. As you know most of our concerns in the inspection claim were about the non-compliance of various ADB environmental guidelines and procedures. Definitely, the Chashma Environmental Management should be addressing the environmental problems of the Project. My question is very simple. How the inspection panel will be able to judge the Chashma Environmental Management Plan in the context of policy compliance without bringing an associated but different loan agreement into the overall scope of inspection? Unless this question is not settled and the inspection process is not finalized, finalization of the Chashma Environmental Management Plan will be merely another violation of ADB policies and procedures. For example, the Chashma Environmental Management Plan is being prepared without having any Environmental Impact Assessment that we believe is an essential condition for the policy compliance.

Here I don't want to go into the details of the Chashma Environmental Management Plan, its history, comprises leading to non-compliance, exclusion of important environmental issues as well as the irrelevance of most of the issues that are part of the current Chashma Management Plan. These points are self evident by simple comparison between the environmental issues raised in the inspection claim and the Chashma Environmental Management Plan.

2: Inspection and ADB Policy on Confidentiality and Information Disclosure: We have been raising the issue of transparency and information disclosure for last many years. It is stunning to know that the inspection scope as determines by the final terms of reference for the panel exclude the review of compliance with operational procedures and policies concerning transparency, information disclosure, consultation and participation in the project preparations and implementation process. This exclusion seems significant because of the on-going review of ADB Policy on Confidentiality and Disclosure.

3. Supplementary Financing and Inspection Scope: It was determined by the Samut inspection panel that supplementary financing requires comprehensive review of the project as well as compliance with all policies and procedures that were operational at the occasion of supplementary financing. The final terms of reference for the inspection panel are in fact the violation of policy on supplementary financing because it excludes operational policy and procedures such as Policy on Indigenous Peoples, Policy on Confidentiality and Disclosure, etc. Why the conclusion of the Samut inspection panel have not been incorporated while the findings and conclusions of the Samut inspection claim have already been accepted by the Board inspection Committee.

4: Participation of the Inspection Panel in Chashma Lok Sath: We requested to the Board Inspection Committee and directly conveyed to the Inspection Panel that we would like to invite the panel in Chashma Lok Sath to be held on March 26-27, 2004, in the project area. Chashma Lok Sath is being held in the context of the inspection. Local people from all over the project area will attend the Lok Sath in order to provide their testimonies, statements and pronounce the truth of their life after the project. This will be a great opportunity for the inspection panel to listening directly the voices of local people and determine the nature and extent of harm being done to them. However, the proposed work plans as given in the final terms of reference for the inspection panel is silent about this issue. I would like to have clarity on this issue.

5: Filing the selected complaints of local persons submitted to the GRSC: We have been provided the copies of more than five thousands complaints filed by individuals and groups to the GRSC. These complaints are nothing less than legal evidence of countless harm done to local communities. Diversity and extensiveness of harm described in these complaints are stunning. We would therefore like to file selected complaints as legal evidence to the inspection panel in order to determine nature and extent of harm. We would also like to provide third inspection supplement based on the record of these complaints. As you know we were not part of the GRSC and the process of collecting complaints was entirely handled by the ADB-Government appointed committee and consultants. We believe this record should be fully used as an authentic legal evidence to determine the harm and the success of subsequent grievance redress process. Moreover, we intend to invite many of those who filed complaints to
the GRSC in the Chashma Lok Sath so that they should not only be able to provide their testimonies with regard to harm but also give the assessment of the grievance redress process.

6: Technical Review of the Project: We believe and we have fully narrated it in the inspection claim and first supplement to the claim that the project was not technically feasible. Moreover, there were many alternative options available at the project preparation stage that were deliberately ignored. We strongly believe the inspection process can not be considered comprehensive unless full technical review was not done. Moreover, the ADB documents especially audit report on the Chashma Command Area Development Project concludes that technical design should be considered integrated.

As the ADB Management welcomed any such technical review in its comments on the terms of reference for the inspection panel, we don't see any hurdle in the technical review of the project. Terms of reference should be immediately developed and consultants should be directly hired by the inspection panel. We should also be provided opportunity to comment upon the supposed terms of references for the technical review.

Last but not least, the inspection process has so far not yielded into any positive change from the perspective of local communities. If our comments are not taken seriously and responded positively, we will be compelled to think that the ADB is only interested to use the inspection process in its own benefits as it is so far the case. We will be compelled to conclude that these are not policies that should be complied, reformed and changed. Rather, our efforts require changing the Heart and Soul. And you know very well that change in Heart and Soul is only possible through offering sacrifices, experiencing sufferings and offering love in return to ridicule and oppression.

With best regards,

Mushtaq Gadi

 
 
 
copyright 2003-2004 MAUJ all right reserved.
inserted by FC2 system