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Establishment of An Inspection Function : Proposal for an ADB Inspection Function
C. Parties Who Can File a Request28. As development projects normally affect communities or other groups, it is proposed that, except as provided in this paragraph and in paragraph 29 below, requests for inspection may only be filed by communities, organizations and other groups residing in the borrowing member country in which the relevant Bank project is being or will be implemented, or residing in a member country adjacent to such borrowing member country. It is not necessary for an applicant to be a legal entity, as such a requirement could exclude groups with legitimate grievances. Applicants must present reasonable evidence that their rights or interests have been or are likely to be directly, materially and adversely affected by an action or omission of the Bank as a result of the Bank's failure to follow its operational policies and procedures (as defined in paragraph 4 above)4 in connection with a proposed or ongoing Bank project (as defined in the same paragraph). A request for inspection may be filed on behalf of such a group by (a) a representative of the group residing in the same country, or (b) in exceptional cases when no appropriate local representative is available and the Board of Directors so agrees at the time it considers the request for inspection, by a non-local representative; provided that, in either case, the request must include reasonable evidence that the representative is authorized to act on behalf of the group. 29. To discharge their responsibilities under the Charter, in special cases involving allegations of serious violations of Bank operational policies and procedures in respect of an ongoing5 project, one or more Directors may also make a request for inspection to the BIC after first raising their concerns with Management. Such a request will be subject to paragraphs 30 and 31 below. ___________________________________ 4The operational policies and procedures that apply to a Bank project under inspection will be those that were in effect on the date the project was approved (or, in the case of a proposed project or in the case of a request regarding the administration of an ongoing project, those that were in effect on the date the inspection request was filed with the BIC).For a project processed or approved by the Board prior to the reorganization of the OM into Bank Policies and Operational Procedures and into Guidelines on Operational Procedures separate from the OM, the operational policies and procedures that apply will be those relating to the formulation, processing and implementation of Bank projects and that were included in the OM in effect on the relevant date. It will be for the BIC to determine which portions of the relevant sections of the OM prior to its reorganization are operational policies and procedures and which portions are, in effect, guidelines on operational procedures or other materials that do not in themselves constitute operational policies and procedures; an inspection panel may request the BIC for such a determination in respect of any relevant OM section. 5Any concerns that Directors may have about compliance with the Bank's policies and procedures in respect of a proposed project can be addressed at the time of Board consideration of the project for approval.
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