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Case	
  studies	
  on	
  	
  
“Public	
  Par2cipa2on	
  in	
  EIA	
  in	
  Other	
  Countries	
  
Outside	
  the	
  Mekong	
  Region”	
  and	
  “Public	
  
Par2cipa2on	
  in	
  Various	
  Domains”	
  
	
  
	
  
Is	
  Meaningful	
  Public	
  Par1cipa1on	
  in	
  
EIA	
  Possible	
  in	
  the	
  Mekong	
  Region?	
  
	
  
	
  
2015	
  Greater	
  Mekong	
  Forum	
  on	
  Water,	
  Food,	
  and	
  Energy	
  
21	
  –	
  23	
  October	
  2015,	
  Phnom	
  Penh,	
  Cambodia	
  
	
  
AECEN	
  Secretariat/Mekong	
  Partnership	
  for	
  the	
  Environment	
  
1	
  
	
  
	
  
Why	
  Focus	
  on	
  Public	
  Par2cipa2on?	
  
Key questions: 	

•  What is the optimal level of public participation in
Environmental Impact Assessment (EIA)?	

•  Does increased public participation in decision making
through the EIA process lead to improved project
outcomes?	

2	
  
What	
  is	
  Public	
  Par2cipa2on?	
“involving those who are affected by a decision
in the decision-making process. 	

It promotes sustainable decisions by providing
participants with the information they need to
be involved in a meaningful way, and it
communicates to participants how their input
affects the decision.”	

	

International Association for Public Participation 	
3	
  
Who	
  is	
  the	
  public?	
4	
  
How	
  much	
  public	
  par2cipa2on	
  is	
  enough?	
	
  	
  
Inform	
   Consult	
   Involve	
   Collaborate	
   Empower	
  
P u b l i c	
  
par1cipa1on	
  goal	
  
To	
  provide	
  the	
  public	
  
with	
  balanced	
  and	
  
objec2ve	
  informa2on	
  
to	
  assist	
  it	
  in	
  
understanding	
  the	
  
problem,	
  
alterna2ves,	
  
opportuni2es,	
  and/or	
  
solu2ons	
  
To	
  obtain	
  public	
  
feedback	
  on	
  analysis,	
  
alterna2ves,	
  and/or	
  
decisions	
  
To	
  work	
  directly	
  with	
  
the	
  public	
  throughout	
  
the	
  process	
  to	
  ensure	
  
that	
  public	
  concerns	
  
and	
  aspira2ons	
  are	
  
consistently	
  
understood	
  and	
  
considered	
  
To	
  partner	
  with	
  the	
  
public	
  in	
  each	
  aspect	
  of	
  
the	
  decision	
  including	
  
the	
  development	
  of	
  
alterna2ves	
  and	
  the	
  
iden2fica2on	
  of	
  the	
  
preferred	
  solu2on	
  
To	
  place	
  final	
  
decision-­‐making	
  in	
  
the	
  hands	
  of	
  the	
  
public	
  
5	
  
In the EIA process, should public participation: inform stakeholders, consult
with affected people, involve the community in finding solutions, collaborate
with the public to identify acceptable alternatives, or empower the public to
make the final decisions?
Perhaps some examples of public participation in other domains might
provide an answer on how much public participation should be expected in
the EIA process.
Public	
  Par2cipa2on	
  in	
  Health	
  Sector	
Canadian Blood Services – after a series of
scandals regarding tainted blood, the public was
involved through standing committees of
external stakeholders, open board meetings,
consultations, roundtables, advisory committees,
consensus conferences, and public polling. As a
result “trust in the blood system has grown from
56% in 1998 to 82% in 2010”.	

6	
  
Public	
  Par2cipa2on	
  in	
  Educa2on	
  Sector	
  
Australia’s Stakeholder Engagement Framework for the
education sector states that “to achieve a high-quality,
coherent, birth-through-adulthood learning and
development system, the Department must work
collaboratively and form and maintain inclusive
relationships with its stakeholders.” Principles for
engaging with stakeholders are (i) responsive &
reciprocal; (ii) inclusive; (iii) impartial & objective; (iv)
open, transparent & trusting; and (v) respectful. Such
engagement was critical in ensuring the success of the
smarter schools partnership. 	

7	
  
Public	
  Par2cipa2on	
  in	
  Waste	
  Management	
  
In Cape Town, South Africa, public participation was used
as part of a legal review of the city’s waste management
strategy, in the face of organized labor and alienated
hostile civic groups. Participation plans had in-depth
stakeholder analysis and strategic clustering of
stakeholder groups, followed by customized
communication and outreach tools for each stakeholder
cluster.A comprehensive range of communication tools
ensured better buy-in, information sharing, and feedback
from the stakeholder clusters.	

8	
  
Public	
  Par2cipa2on	
  in	
  the	
  Mining	
  Sector	
  
On traditional lands, international law requires
indigenous participation in decision making. Companies
are increasingly finding participatory models that
facilitate operations. For example: (i) participation
agreements between a mining company and aboriginal
people in Canada; (ii) local agreements between the
Flambeau open pit mine in the US and government and
community representatives; (iii) future act agreements
between a mining company and aboriginal people in
Australia; and (iv) corporate social investment in South
Africa.	

9	
  
Public	
  Par2cipa2on	
  in	
  Urban	
  Development	
  
For Calgary Transit in Canada’s 30 year strategic plan,
public participation involved a twitter town hall,
customer-to-customer world café, public engagement
bus, surveys, website, blog, online commenting, online
budget allocation tool, crowdsourced mobile
engagement, community events, and staff and citizen
engagement. More than 4,000 face-to-face engagements
and over 1,000 online submissions. Stakeholder input
drove the development of the strategic plan, transit
networking decisions, urban transit corridors, and
customer experience programs.	

10	
  
What	
  can	
  we	
  learn	
  from	
  public	
  
par2cipa2on	
  in	
  other	
  domains?	
  
•  Agencies which provide “more” public participation tend to have
more successful outcomes, but care needs to be taken that scarce
public resources are not being wasted;	

•  Agencies that ask the “right” questions about where participation is
really needed, how it will be used, and how involvement is best
structured, tend to have greater success;	

•  Agencies that genuinely value public participation (and avoid
tokenism) tend to have greater success;	

•  Agencies that are more open and transparent and make all
information easily accessible (and understood) tend to have more
success; and	

•  Agencies that understand, partner with, and empower communities
will have greater success.	

 11	
  
Turning	
  Our	
  AUen2on	
  to	
  EIA	
  
12	
  
What	
  is	
  the	
  op2mal	
  level	
  of	
  public	
  
par2cipa2on	
  in	
  EIA?	
  
13	
  
•  Tokenism is the most common form
of public participation in EIA –
typically no more than informing
and consulting, and sometimes
placation after the damage is done.
•  Leading companies and project
proponents are beginning to realize
that participation at the EIA stage is
the first step in building a lasting,
cooperative partnership with the
project affected community.
What	
  are	
  the	
  Benefits	
  of	
  Public	
  
Par2cipa2on	
  in	
  the	
  EIA	
  Process	
  
14	
  
•  Fewer conflicts and delays improves
profitability for investors;
•  Governments improve decision
making and secure greater
transparency and accountability;
•  Public agencies and NGOs gain
credibility;
•  Affected people influence the project
to reduce adverse impacts, maximize
benefits, and ensure appropriate
compensation;
•  Vulnerable groups given special
attention, equity issues considered,
needs of the poor receive priority;
•  Environmental management plans are
more effective.
Barriers	
  to	
  Effec2ve	
  Public	
  Par2cipa2on	
  in	
  
EIA	
  Process	
  
•  Lack of clear regulations
•  Late involvement of the public
•  Lack of responsiveness towards participants
•  Provision of unsuitable information
•  No room for discussion between public, decision-makers and
proponent
•  Attitude of participants
•  Lack of capacity on the part of participants
•  Lack of institutional capacity of government agencies
•  Poor environmental awareness of officials and proponents
•  Lack of commitment to EIA and public involvement among
government officials and proponents
•  Political pressure and interference
•  Lack of trust in government institutions 15	
  
Best	
  Prac2ce	
  Checklist	
  
Value adding Approach public participation so that it adds value to the
environmental impact assessment
Inclusivity Include all relevant stakeholders in the process
Accessibility Give stakeholders easy access to the process
Early
engagement
Give stakeholders the opportunity to participate from the earliest stage
possible
Transparency Make sure the process is transparent and gives access to information
Fairness Treat all stakeholders in a fair and unbiased way
Accountability Be accountable and seek accountability from all stakeholders
Cooperative Seek to manage conflict
Equity & justice Seek to redress inequity and injustice through the process
Capacity
development
Seek to develop the capacity of all stakeholders in the process
Flexibility Design and implement process to adapt to changing needs, conditions
Excellence
Strive to constantly reflect on and improve the public participation
process 16	
  
Final	
  Words	
  
•  Public participation in EIA is believed to improve project outcomes,
but often not in developing countries.
•  In strong participatory democracies, public participation has been
shown to improve project quality and sustainability.
•  Major donors also show improved project outcomes from mandatory
public participation rules.
•  In developing countries, public participation requirements have often
been initiated by donors, an approach not matched by domestic
demands for improved environmental outcomes from major
development projects.
•  Barriers for effective public participation in developing countries are
numerous and, to over-simplify, public participation can be
characterized as tokenism rather than a genuine commitment to
empower the public in decision-making.
•  A regional guideline on public participation in EIA should be a useful
tool to help overcome these barriers. 17	
  
18	
  
	
  
	
  
THANK YOU FOR YOUR ATTENTION

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Public Participation in EIA Possible in the Mekong?

  • 1. Case  studies  on     “Public  Par2cipa2on  in  EIA  in  Other  Countries   Outside  the  Mekong  Region”  and  “Public   Par2cipa2on  in  Various  Domains”       Is  Meaningful  Public  Par1cipa1on  in   EIA  Possible  in  the  Mekong  Region?       2015  Greater  Mekong  Forum  on  Water,  Food,  and  Energy   21  –  23  October  2015,  Phnom  Penh,  Cambodia     AECEN  Secretariat/Mekong  Partnership  for  the  Environment   1      
  • 2. Why  Focus  on  Public  Par2cipa2on?   Key questions: •  What is the optimal level of public participation in Environmental Impact Assessment (EIA)? •  Does increased public participation in decision making through the EIA process lead to improved project outcomes? 2  
  • 3. What  is  Public  Par2cipa2on? “involving those who are affected by a decision in the decision-making process. It promotes sustainable decisions by providing participants with the information they need to be involved in a meaningful way, and it communicates to participants how their input affects the decision.” International Association for Public Participation 3  
  • 4. Who  is  the  public? 4  
  • 5. How  much  public  par2cipa2on  is  enough?     Inform   Consult   Involve   Collaborate   Empower   P u b l i c   par1cipa1on  goal   To  provide  the  public   with  balanced  and   objec2ve  informa2on   to  assist  it  in   understanding  the   problem,   alterna2ves,   opportuni2es,  and/or   solu2ons   To  obtain  public   feedback  on  analysis,   alterna2ves,  and/or   decisions   To  work  directly  with   the  public  throughout   the  process  to  ensure   that  public  concerns   and  aspira2ons  are   consistently   understood  and   considered   To  partner  with  the   public  in  each  aspect  of   the  decision  including   the  development  of   alterna2ves  and  the   iden2fica2on  of  the   preferred  solu2on   To  place  final   decision-­‐making  in   the  hands  of  the   public   5   In the EIA process, should public participation: inform stakeholders, consult with affected people, involve the community in finding solutions, collaborate with the public to identify acceptable alternatives, or empower the public to make the final decisions? Perhaps some examples of public participation in other domains might provide an answer on how much public participation should be expected in the EIA process.
  • 6. Public  Par2cipa2on  in  Health  Sector Canadian Blood Services – after a series of scandals regarding tainted blood, the public was involved through standing committees of external stakeholders, open board meetings, consultations, roundtables, advisory committees, consensus conferences, and public polling. As a result “trust in the blood system has grown from 56% in 1998 to 82% in 2010”. 6  
  • 7. Public  Par2cipa2on  in  Educa2on  Sector   Australia’s Stakeholder Engagement Framework for the education sector states that “to achieve a high-quality, coherent, birth-through-adulthood learning and development system, the Department must work collaboratively and form and maintain inclusive relationships with its stakeholders.” Principles for engaging with stakeholders are (i) responsive & reciprocal; (ii) inclusive; (iii) impartial & objective; (iv) open, transparent & trusting; and (v) respectful. Such engagement was critical in ensuring the success of the smarter schools partnership. 7  
  • 8. Public  Par2cipa2on  in  Waste  Management   In Cape Town, South Africa, public participation was used as part of a legal review of the city’s waste management strategy, in the face of organized labor and alienated hostile civic groups. Participation plans had in-depth stakeholder analysis and strategic clustering of stakeholder groups, followed by customized communication and outreach tools for each stakeholder cluster.A comprehensive range of communication tools ensured better buy-in, information sharing, and feedback from the stakeholder clusters. 8  
  • 9. Public  Par2cipa2on  in  the  Mining  Sector   On traditional lands, international law requires indigenous participation in decision making. Companies are increasingly finding participatory models that facilitate operations. For example: (i) participation agreements between a mining company and aboriginal people in Canada; (ii) local agreements between the Flambeau open pit mine in the US and government and community representatives; (iii) future act agreements between a mining company and aboriginal people in Australia; and (iv) corporate social investment in South Africa. 9  
  • 10. Public  Par2cipa2on  in  Urban  Development   For Calgary Transit in Canada’s 30 year strategic plan, public participation involved a twitter town hall, customer-to-customer world café, public engagement bus, surveys, website, blog, online commenting, online budget allocation tool, crowdsourced mobile engagement, community events, and staff and citizen engagement. More than 4,000 face-to-face engagements and over 1,000 online submissions. Stakeholder input drove the development of the strategic plan, transit networking decisions, urban transit corridors, and customer experience programs. 10  
  • 11. What  can  we  learn  from  public   par2cipa2on  in  other  domains?   •  Agencies which provide “more” public participation tend to have more successful outcomes, but care needs to be taken that scarce public resources are not being wasted; •  Agencies that ask the “right” questions about where participation is really needed, how it will be used, and how involvement is best structured, tend to have greater success; •  Agencies that genuinely value public participation (and avoid tokenism) tend to have greater success; •  Agencies that are more open and transparent and make all information easily accessible (and understood) tend to have more success; and •  Agencies that understand, partner with, and empower communities will have greater success. 11  
  • 12. Turning  Our  AUen2on  to  EIA   12  
  • 13. What  is  the  op2mal  level  of  public   par2cipa2on  in  EIA?   13   •  Tokenism is the most common form of public participation in EIA – typically no more than informing and consulting, and sometimes placation after the damage is done. •  Leading companies and project proponents are beginning to realize that participation at the EIA stage is the first step in building a lasting, cooperative partnership with the project affected community.
  • 14. What  are  the  Benefits  of  Public   Par2cipa2on  in  the  EIA  Process   14   •  Fewer conflicts and delays improves profitability for investors; •  Governments improve decision making and secure greater transparency and accountability; •  Public agencies and NGOs gain credibility; •  Affected people influence the project to reduce adverse impacts, maximize benefits, and ensure appropriate compensation; •  Vulnerable groups given special attention, equity issues considered, needs of the poor receive priority; •  Environmental management plans are more effective.
  • 15. Barriers  to  Effec2ve  Public  Par2cipa2on  in   EIA  Process   •  Lack of clear regulations •  Late involvement of the public •  Lack of responsiveness towards participants •  Provision of unsuitable information •  No room for discussion between public, decision-makers and proponent •  Attitude of participants •  Lack of capacity on the part of participants •  Lack of institutional capacity of government agencies •  Poor environmental awareness of officials and proponents •  Lack of commitment to EIA and public involvement among government officials and proponents •  Political pressure and interference •  Lack of trust in government institutions 15  
  • 16. Best  Prac2ce  Checklist   Value adding Approach public participation so that it adds value to the environmental impact assessment Inclusivity Include all relevant stakeholders in the process Accessibility Give stakeholders easy access to the process Early engagement Give stakeholders the opportunity to participate from the earliest stage possible Transparency Make sure the process is transparent and gives access to information Fairness Treat all stakeholders in a fair and unbiased way Accountability Be accountable and seek accountability from all stakeholders Cooperative Seek to manage conflict Equity & justice Seek to redress inequity and injustice through the process Capacity development Seek to develop the capacity of all stakeholders in the process Flexibility Design and implement process to adapt to changing needs, conditions Excellence Strive to constantly reflect on and improve the public participation process 16  
  • 17. Final  Words   •  Public participation in EIA is believed to improve project outcomes, but often not in developing countries. •  In strong participatory democracies, public participation has been shown to improve project quality and sustainability. •  Major donors also show improved project outcomes from mandatory public participation rules. •  In developing countries, public participation requirements have often been initiated by donors, an approach not matched by domestic demands for improved environmental outcomes from major development projects. •  Barriers for effective public participation in developing countries are numerous and, to over-simplify, public participation can be characterized as tokenism rather than a genuine commitment to empower the public in decision-making. •  A regional guideline on public participation in EIA should be a useful tool to help overcome these barriers. 17  
  • 18. 18       THANK YOU FOR YOUR ATTENTION