8 December 2003
Ms. Aviva Imhof
International Rivers Network
May 2, 2003
Dear Ms. Imhof,
Thank you for your email of March 6, 2003. We appreciate your continued interest and dialogue on the proposed NT2 project.
Let me address the points you have raised, as follows:
Second Logging Survey Mission Report:
The report has now been posted on the Bank's external website (http://www.worldbank.org/), under the Lao page (accessed through the "Countries & Regions" portal).
Disclosure of the Power Purchase Agreement:
We agree that the Inspection Panel statement you quoted is clear. The Bank's recently revised Policy on Disclosure of Information is also clear on the principle of disclosure: it contains an explicit recognition and endorsement of the fundamental importance of transparency and accountability to the development process. However, let me also direct your attention to paragraph 90 of that same Inspection Panel Report and Findings on Bujagali, which stated that although Bank "Management stated that it was not opposed to the disclosure of this document, [it] had no authority to release it, inasmuch as the Power Purchase Agreement is a proprietary agreement and that IDA is not at liberty to disclose it without the agreement of the signatories" (Bujagali Panel Report, para. 90; also, Bank's Disclosure Policy para 84, as noted in my email to you dated 12/23/02). In that report, you will also see that the Inspection Panel found that "there is no specific requirement that the PPA be disclosed" and that "Management's actions have been consistent with IDA's Disclosure Policy" (Bujagali Panel Report, para. 91).
IFC Disclosure Policy:
While we appreciate and note the differences in the disclosure policies of the IFC on the one hand, and IBRD and IDA on the other, IFC's Disclosure Policy is not applicable to the operational activities of the IBRD and IDA.
WCD Report:
We are still in the midst of due diligence on this proposed project. A decision to support this project can only be taken once that due diligence is completed. As part of the due diligence process, we are considering a great many issues including those which the WCD Report addresses.
Panel of Experts (POE):
Please note that this panel is convened by the Government of the Lao PDR and not by the World Bank. We believe that it is inappropriate for us to comment on the performance of the POE and suggest that you direct your concerns to the Government for its consideration.
Sincerely yours,
Robert Anton Mertz
NT2 Project Manager
Robert Anton Mertz
MC-9-429
Tel. +1-202-473-2603
Fax +1-202-522-1648