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Annual Report July 1, 2009, to June 30, 2010 The Inspection Panel Annual Report July 1, 2009, to June 30, 2010 The Inspection Panel Annual Report July 1, 2009, to June 30, 2010 International Bank for Reconstruction and Development International Development Association © 2010 The International Bank for Reconstruction and Development / The World Bank 1818 H Street, NW Washington, DC 20433 Telephone: 202-473-1000 Internet: www.inspectionpanel.org or www.worldbank.org E-mail: [email protected] All rights reserved. The findings, interpretations, and conclusions expressed herein are those of the author(s) and do not necessarily reflect the views of the Board of Execu- tive Directors of the World Bank or the governments they represent. The World Bank does not guarantee the accuracy of the data included in this work. The boundaries, colors, denominations, and other information shown on any map in this work do not imply any judgment on the part of the World Bank concerning the legal status of any territory or the endorsement or accep- tance of such boundaries. Rights and Permissions The material in this work is copyrighted. Copying and/or transmitting por- tions or all of this work without permission may be a violation of applicable law. The World Bank encourages dissemination of its work and will normally grant permission promptly. For permission to photocopy or reprint any part of this work, please send a request with complete information to the Copyright Clearance Center, Inc., 222 Rosewood Drive, Danvers, MA 01923, USA, telephone 978-750-8400, fax 978-750-4470, www.copyright.com. All other queries on rights and licenses, including subsidiary rights, should be addressed to the Office of the Publisher, World Bank, 1818 H Street NW, Washington, DC 20433, USA, fax 202-522-2422, e-mail pubrights@world- bank.org. A FREE PUBLICATION Table of Contents Abbreviations and Acronyms v Letter of Transmittal vii The Panel ix Message from the Panel xi The Inspection Panel xvii Panel Process xix Requests Received in Fiscal Year 2010 1 Request No. 59, Kenya 2 Export Development Project Request No. 60, Cambodia 4 Land Management and Administration Project (LMAP) Request No. 61, Peru 9 Lima Urban Transport Project Request No. 62, Papua New Guinea 14 Smallholder Agriculture Development Project Request No. 63, Congo (DRC) 18 Private Sector Development and Competitiveness Project Request No. 64, Pakistan 20 Tax Administration Reform Project Request No. 65, South Africa 23 Eskom Investment Support Project Request No. 66, Kazakhstan 26 South-West Roads: Western Europe-Western China International Transit Corridor (CAREC-1b & 6b) Request No. 67, Chile 30 Quilleco Hydropower Project Request No. 68, Poland 32 Third Employment, Entrepreneurship and Human Capital Development Policy Loan Table of Contents iii Investigations Completed or in Process 35 Request No. 46, Albania 36 Power Sector Generation and Restructuring Project Request No. 51, Argentina 47 Santa Fe Infrastructure Project Request Nos. 53 and 56, Panama 54 Land Administration Project (Programa Nacional de Administración de Tierras— PRONAT) Request No. 60, Cambodia 56 Land Management and Administration Project (LMAP) Request No. 61, Peru 57 Lima Urban Transport Project Request No. 62, Papua New Guinea 58 Smallholder Agriculture Development Project Actions on Earlier Requests 59 Record of Follow-up Actions and Pending Management Progress Reports 61 Request Nos. 32 and 33, India 62 Mumbai Urban Transport Project Request No. 40, Nigeria 65 West African Gas Pipeline Project Request Nos. 54, 55 and 63, Congo (DRC) 72 Private Sector Development and Competitiveness Project Request No. 57, Yemen 78 Institutional Reform Development Policy Grant Request No. 58, India 84 Mumbai Urban Transport Project Outreach and Other Activities 87 APPENDIXES Appendix I: Biographies of the Panel Members and the Executive Secretary 94 Appendix II: The Resolution Establishing the Inspection Panel 96 Appendix III: First Review of the Resolution Establishing the Inspection Panel: 1996 Clarifi cation 101 Appendix IV: Second Review of the Resolution Establishing the Inspection Panel: 1999 Clarifi cation 103 Appendix V: Joint Statement on the Use of Country Systems 107 Appendix VI: Geographical Distribution of Requests for Inspection (Map) 108 Appendix VII: Tables 110 Appendix VIII: Figures 124 Appendix IX: Guidance on How to Prepare a Request for Inspection 126 Appendix X: The Inspection Panel Budget 128 iv The Inspection Panel Annual Report 2009–2010 Abbreviations ACEE Accessibility, Credibility, Effectiveness, and Effi ciency AESNP AES Nile Power AfDB African Development Bank BP Bank Procedures CAMV Centre d’Accompagnement des Autochtones Pygmées et Minoritaires Vulnérables CAO Compliance Advisor/Ombudsman CDP Community Development Program CIEL Center for International Environmental Law CODE Committee on Development Effectiveness COPIREP Comité de Pilotage de la Réforme des Entreprises Publiques CRMU Compliance Review and Mediation Unit DfID Department for International Development DRC Democratic Republic of Congo EA Environmental Assessment ED Executive Director EESRSP Emergency Economic and Social Reunifi cation Support Project EIA Environmental Impact Assessment EIB European Investment Bank EIS Environmental Impact Study ELPS Escravos-Lagos Pipeline System EMP Environmental Management Plan ESA Environmental and Social Assessment ESSF Environmental and Social Safeguards Framework FOEI Friends of the Earth International GDP Gross Domestic Product GP Good Practices IAP International Accountability Project IBRD International Bank for Reconstruction and Development IDA International Development Association IFC International Finance Corporation IFI International Financial Institutions ILO International Labour Organization IP Inspection Panel MDB Multilateral Development Bank MIGA Multilateral Investment Guarantee Agency MMRDA Mumbai Metropolitan Region Development Authority MUTP Mumbai Urban Transport Project MW Megawatt Abbreviations v NAPE National Association of Professional Environmentalists NDP National Drainage Program NGO Non-Governmental Organization NTPC National Thermal Power Corporation OD Operation Directive OMS Operational Manual Statement OP Operational Policy OpMemo Operational Memoranda OPN Operational Policy Note PAD Project Appraisal Document PRONAT Programa Nacional de Administración de Tierras PSF Province of Santa Fe RAP Resettlement Action Plan RPF Resettlement Policy Framework SCDP Southern Coastal Development Plan TEPP Thermal Electric Power Plant TSERO Transitional Support for Economic Recovery Operation UESP Urban Environmental Sanitation Project UESP II Second Urban Environment Sanitation Project UN United Nations U.S. United States of America USOA United Shop Owners Association VDP Voluntary Departure Program VDO Voluntary Departures Operation WAGP West Africa Gas Pipeline WAPCo West Africa Gas Pipeline Company Limited WB World Bank WBG World Bank Group vi The Inspection Panel Annual Report 2009–2010 LETTER OF TRANSMITTAL The Annual Report of the Inspection Panel for the period July 1, 2009, to June 30, 2010, has been prepared for the International Bank for Reconstruction and Development and the International Development Association in accordance with the 1993 Resolution es- tablishing the Panel. It is being circulated to the President and to the Executive Directors of these institutions. The Panel wishes to thank the Executive Directors for their steadfast support. The Panel also thanks Mr. Robert B. Zoellick, the President of the World Bank Group, and Senior Management for their continued support of the Panel as an essential element in ensuring accountability and transparency by the World Bank. The Panel is also grateful for the continued support of civil society and for their efforts in promoting accountabil- ity and transparency. The Panel also expresses special appreciation to Requesters and to Bank staff for their constructive cooperation throughout the Panel process. Roberto Lenton Chairperson June 30, 2010 Letter of Transmittal vii The panel The Inspection Panel consists of three members who are appointed by the Board for nonrenewable periods of five years. As provided for in the Resolution that established the Panel, members are selected on the basis of their ability to deal thoroughly and fairly with the Requests brought to them, their integrity, their independence from Bank Manage- ment, and their exposure to developmental issues and to living conditions in developing countries. A Panel member is disqualified from participating in the investigation of any Request related to a matter in which he or she has a personal interest or had significant involvement in any capacity. Panel members may be removed from office for cause, only by decision of the Executive Directors. The Panel’s structure and operations further safeguard its independence. It is func- tionally independent of Bank Management, and reports solely to the Board. In addition, Panel members are prohibited from ever working for the Bank after their term ends. Current Members: The members of the Panel are Roberto Lenton (member since Septem- ber 2007), Alf Jerve (member since November 2008), and Eimi Watanabe (member since October 2009). Panel members are required to select their chairperson annually. The present chairperson is Mr. Roberto Lenton. The chairperson of the Panel works full time, while the two other Panel members work on a part-time basis as the need arises. Former Members: Richard Bissell (1994–97), Alvaro Umaña (1994–98), Ernst-Günther Bröder (1994–99), Jim MacNeill
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