4 scoping and stakeholder engagement 4.1 introduction … · simandou seia volume iii port chapter...

Simandou SEIA Volume III Port Chapter 4: Scoping and Stakeholder Engagement

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4 Scoping and Stakeholder Engagement 4.1 Introduction This chapter describes the approach that was taken to scope the impact assessment, including activities undertaken to understand the views of stakeholders on the Project and its potential impacts. It also sets out the plans for future stakeholder engagement as the Project moves from the SEIA stage into approval and implementation. 4.2 Scoping 4.2.1 Overview As set out in Chapter 1: Introduction, the principal purpose of scoping is to identify the potential impacts of a project which are considered likely to be significant, so that the assessment studies can be planned and focussed on these important issues. Scoping is a crucial first step in an SEIA and the results are set out in the Terms of Reference for the assessment studies. Scoping involves: a systematic examination of the potential for interaction between activities involved in developing the

Project and aspects of the physical, natural, cultural, social and socio-economic environment that may be affected;

consideration of which of these are likely to be significant; and

consultation with government and other external stakeholders to understand their views on the likely significant impacts.

The overall scope of work required for the Simandou Project SEIA was developed based on the requirements of the Guinean EIA Decree and Order (1), IFC’s Performance Standards and Rio Tinto’s internal policies and standards. These are introduced in Chapter 1: Introduction and further details are provided in Annex 1C: Legislation, Standards and Administrative Framework. The type of assessment required for a project will vary depending on the significance of potential impacts. Under the Guinean EIA Decree an assessment may be either a detailed (approfondie) or simplified (simplifiée) assessment. IFC’s Policy on Social and Environmental Sustainability also categorises projects according to the magnitude of risks and impacts as Category A, B, C, FI and typically the level of assessment should reflect the categorisation assigned to a project. The Simandou Project is judged to fall within the class of projects requiring detailed assessment under Guinean law, and within IFC Category A, as it is likely to have significant adverse impacts which are diverse, irreversible and / or unprecedented. As such, a detailed assessment of impacts and risks is required and has been undertaken. As part of this process the Project has engaged with stakeholders, including authorities and communities affected by the Project, so that their views can be understood and taken into account in the assessment and the development of the Project. The approach to and findings from this engagement are described in the remainder of this Section 4.2. The results of the assessment presented in the SEIA will also be disclosed to stakeholders for review and comment. The process that will be followed is described in Section 4.3. 4.2.2 Approach The initial phase of work to develop the scope for the Simandou SEIA involved identifying the components of the Project and the activities involved in construction, operation and closure, and considering how these could be expected to interact with known environmental and social conditions in the Project’s area of

(1) Décret 199/PRG/SGG/89 du 8 novembre 1989 codifiant les études d’impact sur l’environnement (the EIA Decree) and Arrêté 990/ NRNE/SGG/90 du 15 mars 1990 fixant contenu, méthodologie et procédure de l’étude d’impact sur l’environnement.


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influence. This process was guided by reference to the IFC Performance Standards (1) and to the EU Guidance on EIA Scoping (2). A draft Simandou Project SEIA Terms of Reference document was prepared and submitted to the Government in August 2011. The purpose of the Terms of Reference was to define the Project and its potential impacts on the environment and communities, set out the proposed approach and methods for the impact assessment, identify the experience that is needed to prepare the study, and present the timetable for its completion. The Terms of Reference were reviewed and approved by the Minister of the Environment in October 2011. A copy of the approved Terms of Reference, the minutes with the Bureau Guinéenn des Etudes et Evaluations Environnementales (BGEEE) on the draft Terms of Reference and the letter of approval are presented in Annex 1B: SEIA Terms of Reference. 4.2.3 Stakeholder Engagement To inform the scope of the assessment, the SEIA Team also undertook a programme of consultations on the Project and the SEIA Terms of Reference. Details were set out in a Stakeholder Engagement Plan published in August 2011 (see www.riotintosimandou.com/index_seia.asp) covering stakeholder engagement activities during the SEIA study. The Plan included an analysis and identification of potential stakeholders which was used to inform the development of the programme. Details of the engagement activities and the materials used are presented in Annex 4A: Simandou Project Stakeholder Engagement Report, together with an analysis of the comments received. 4.2.3.1 Engagement with the National Guinean Authorities National authorities were provided with information about the Simandou Project during scoping of the SEIA Terms of Reference over the period from May to September 2011. Various meetings were held with government authorities during preparation of the draft Terms of Reference and all relevant ministries were invited to attend the national SEIA conference about the Project that took place in Conakry on September 19th, 2011. The Project continues to engage with government authorities through BGEEE, the Comité Technique d’Analyse Environnementale (CTAE) and the inter-ministerial group set up to oversee consideration of the Simandou Project to ensure that the Government of the Republic of Guinea is kept informed on progress and is in a position to consider the Project activities in its policy-making, regulatory and other duties and activities. 4.2.3.2 Stakeholder Conferences A national conference was organised in Conakry on September 19th 2011 attended by an invited audience from national, regional, prefectural and local government, non-government organisations, academic and research institutions, community representatives and the media. Following this, two rounds of stakeholder events were held in the ten prefectures affected by the Simandou Project. At least two weeks prior to each event, local leaders including Governors and Prefects were formally invited to attend and were asked to invite relevant stakeholders, including Sub-Prefects and villages and traditional leaders, within their respective communities. The prefectural events were also open to members of the public, and were publicised by local leaders and through announcements on local rural radio stations. In the port area, all-day meetings were held in Forécariah Centre on September 22nd 2011 and in Moussayah on February 9th 2012. Chaired by the Governor of Kindia, the first round of conference aimed at presenting the Simandou Project, the SEIA process and the land acquisition, compensation and resettlement process. The goals of the second conference, chaired by the Prefect of Forécariah, were to enter into further details of the Project’s activities in the port area and to introduce the Project’s impacts in the prefecture.

(1) International Finance Corporation Sustainability Framework. Available at http://www.ifc.org/ifcext/policyreview.nsf (2) Available at http://ec.europa.eu/environment/eia/eia-guidelines/g-scoping-full-text.pdf


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At each event, participants were provided with brochures describing the proposed developments and the scope of the SEIA together with information on where the detailed Terms of Reference could be obtained (on the web or in hard copy). Participants were invited to make comments and ask questions during the meetings and were also provided with a feedback form on which they could submit written comments. Feedback forms could be handed in on the day, submitted on-line or returned by email or by hand to Simfer and to Simandou Project offices and Info-Shops. Feedback regarding the Simandou Project Terms of Reference was requested within 30 days of the first round of conferences. The locations and dates for the events are listed in Table 4.1, with an estimate of the number of attendees at each event and the number of feedback forms received. Participants typically included representatives from national, regional, prefectural and local government, community leaders, non-governmental organisations, members of the public (men and women) and representatives from the local media. Table 4.1 Stakeholder Consultation Events

Prefecture Location Date Approximate number of participants

Number of comment forms

FIRST ROUND

Conakry Conakry 19 Sep 2011 197 95

Beyla Beyla Centre 18 Oct 2011 280 69

Faranah Faranah Centre 11 Oct 2011 160 149

Forécariah Forécariah Centre 22 Sep 2011 180 171

Kankan Tokonou 4 Oct 2011 240 49

Kérouané Kérouané Centre 11 Oct 2011 200 34

Kindia Kindia Centre 4 Oct 2011 120 79

Kissidougou Albadaria 5 Oct 2011 500 47

Kouroussa Douako 6 Oct 2011 350 132

Macenta Macenta Centre 13 Oct 2011 200 67

Mamou Mamou Centre 6 Oct 2011 160 119

First Round TOTAL 2 587 1 011

SECOND ROUND

Beyla Beyla Centre 14 Feb 2012 300 113

Faranah Faranah Centre 2 Feb 2012 600 307

Forécariah Moussayah 9 Feb 2012 200 107

Kankan Tokonou 7 Feb 2012 270 106

Kérouané Kérouané Centre 31 Jan 2012 200 94

Kindia Kindia Centre 7 Feb 2012 250 93

Kissidougou Albadaria 8 Feb 2012 450 113

Kouroussa Douako 9 Feb 2012 400 161

Macenta Macenta Centre 2 Feb 2012 250 68

Mamou Mamou Centre 31 Jan 2012 250 105

Second Round TOTAL 3 170 1 267

As shown in Table 4.1, approximately 2 600 individuals attended the first series of consultation events and 3 170 the second series. Approximately 380 to 400 persons attended the two rounds of meetings in the prefecture of Forécariah. A wide variety of issues was raised during the events and nearly 2 300 feedback forms were received (among which 278 were collected in the Forécariah prefecture).


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Full details of the programme, copies of the materials used, minutes of the meetings and a review of the issues raised by stakeholders are presented in Annex 4A: Simandou Project Stakeholder Engagement Report. A summary of the issues raised is provided in Section 4.2.4. Figure 4.1 Stakeholder Conferences in Forécariah and in Moussayah

Notes: A: Stakeholder conference in Forécariah, 22nd September 2011; B: The Prefect of Forécariah and the Governor of Kindia in Forécariah; C: Welcome speech from the Prefect of Forécariah; D: Stakeholder conference in Moussayah, 9th February 2012; E: Participants in Moussayah ; and F: Children looking at a poster used during the stakeholder conference.

4.2.3.3 Restitution Conference for the MOF Following the submission of the MOF SEIA to the Government of Guinea in November 2011, a meeting was organised with the BGEEE on November 29th 2011 to present the SEIA. A month later, on December 21st 2011, another meeting was organised with the CTAE to present the SEIA and answer comments raised by members of the CTAE as part of the Guinean regulatory SEIA review process. A public restitution meeting was also organised in Senguelen, in the Maférinyah sub-prefecture, on November 30th 2011. The purpose of the restitution meeting was designed to provide feedback to

A B

C D

E F


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stakeholders on the outcome of the SEIA process, and to disclose and seek comments on the SEIA. The meeting focused on the impacts assessed in the MOF SEIA and on the proposed mitigation measures. Two weeks prior to the event, local leaders including the Governor of Kindia and the Prefect of Forécariah were formally invited to attend and were asked to invite relevant stakeholders, including the Sub-Prefects and villages and traditional leaders, within their respective communities. The restitution meeting was also open to members of the public, and was publicised by local leaders and through announcements on the local rural radio station. Well over 700 people attended the restitution meeting in Senguelen, showing a strong interest and involvement in the Simandou Project. Among the attendees of the public restitution meeting were: the Prefect of Forécariah; the Sub-prefect of Maférinyah (location of the MOF); representatives from several ministries (the Ministry of Territorial Administration and Decentralisation;

the Ministry of Environment; the Ministry of Mine; the Ministry of Urbanism and Habitat; the Ministry of Public Works; the Ministry of Health; the Ministry of Education; the Ministry of Fishing; the Ministry of the Marine Marchande; the Ministry of Agriculture);

prefectural directors (mines, urbanism, sustainable development, agriculture, livestock farming, planning, micro-realisations, commerce, youth, fishing etc);

traditional and local authorities; representatives of the police and of the gendarmerie; the local rural radio director; representatives of the civil society (NGOs, ressortissants etc); and members of the public (men and women). Comments expressed during the restitution meeting are presented in Section 4.2.4.


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Figure 4.2 Public Restitution in Senguelen, 30th November 2011

Notes: A: Restitution meeting in Maférinyah, 30th November 2011; B: Welcoming dance; C: Welcome speech from Simfer’s representative; D: Participants in Maférinyah; E: Participants in Maférinyah; and F: Communication tools used during the restitution meeting

4.2.3.4 Other Consultation Activities The brochures, the Terms of Reference and the feedback forms were also made available on the Simandou SEIA website and copies were provided to national ministries and agencies, governorate and prefectural authorities, and national and international non-governmental organisations. A number of meetings were held with government authorities and non-governmental organisations were contacted in writing requesting their views on the scope of the SEIA. The minutes of meetings and a list of non-governmental organisations contacted are included in Annex 4A: Simandou Project Stakeholder Engagement Report.

A B

C D

E F


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As the Project progresses, contact will be maintained with stakeholders who have expressed an interest in the Project by issuing regular updates on the website, in the press, in Info-Shops and at Info-Posts, and through other communications. Regular contact will be maintained with national, regional and local regulatory authorities and follow-up meetings will be held with other stakeholders as needed. Village level consultations have also commenced as part of planning for land acquisition. These are focussing first on localities affected by advance works and will then extend out to the wider Project area. Whilst the focus is on consulting affected communities about land acquisition and the resettlement and compensation planning process, opportunities have also been taken to invite comments about the wider social and environmental impacts of the Project for input to the SEIA studies. Village, user group and household surveys carried out during baseline studies have also provided valuable information. 4.2.4 Summary of Stakeholder Comments A detailed analysis of the comments made during the stakeholder engagement programme is provided in Annex 4A: Simandou Project Stakeholder Engagement Report. The level of interest in different topics is illustrated in Figure 4.1 and a summary of the main issues raised by stakeholders is provided in Table 4.2. Figure 4.3 Overview of Stakeholder Comments in the Port Area

Key issues raised by stakeholders relevant to the Simandou Port are summarised in Table 4.2.


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Table 4.2 Summary of Stakeholder Comments

Issues Raised

During the stakeholder engagement programme, the principal questions and concerns raised by communities and others in the port area related to the following topics. Social and community development questions:

employment opportunities, particularly for the young and for those who are less-educated; support to local development, local organisations and associations, and to income generating activities; support for the development of new infrastructure (roads, schools, health services, electricity, communications,

sport facilities etc); concerns over an increase in infectious diseases due to the arrival of in-migrants in the region; and concerns over the access to drinking water.

The impacts of the Port:

concerns over the interaction between the local fishermen and the Project (mainly between the small local boats and the ore carriers); and

questions on whether the construction of the port will have an impact on the flood risks in the region; and the exact layout of the port and the list of villages that will be impacted.

The impacts of the change of location of the Port from Ile Kaback to Maférinyah sub-prefecture:

questions around the reasons why the port location was changed; the access to the Morebaya river if the port is located in the Morebaya river; concerns over how fishermen will continue to fish in the river; concerns over whether the construction of the port will have an impact on the number of fishes in the river; and concerns over the continued use of the area (mainly the cultural sites such as the “giant foot” and the “giant

hand”).

The resettlement and compensation process: the compensation process and the nature of the compensation in case of resettlement; whether compensation will be financial or in-kind; how compensation rates are to be set; when compensation is to be provided and for how long; whether community infrastructure will be reinstated; how loss of productive agricultural land and plantations will be compensated; and how host sites are to be selected in case of resettlement, whether people will have a choice and whether new

sites will be similar to the original locations.

The protection of the environment: the protection of protected species (marine mammals and turtles were the animals the most cited); potential for marine pollution; and rehabilitation measures to restore the vegetation cover and whether any gaps will remain at the end of the

Project.

4.2.5 Scoping Findings The scoping study and stakeholder engagement identified a wide range of potential impacts and concerns relating to construction and operation of the Simandou Port (1). The details are presented in the SEIA Terms of Reference in Annex 1B and the impacts have been grouped for the purposes of this report under the following headings: impacts soils and geology and management of mineral waste; impacts on the water environment; impacts on the marine and littoral physical environment;

(1) As noted in Chapter 1: Introduction, closure of the port is not included as it is envisaged as remaining in operation once mining has

finished.


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impacts from noise and vibration; impacts on air quality; greenhouse gas emissions; resources use and non-mineral waste management; impacts on terrestrial biodiversity; impacts on marine and littoral biodiversity; impacts on cultural heritage; landscape impacts; impacts in the national economy; employment and economic development in-migration; impacts on land use and livelihoods; impacts on social structures and community life; impacts on community health, safety and security; labour and working conditions; impacts on ecosystem services; and human rights. The remainder of this report is organised according to these topics and the details of impacts considered under each heading are introduced at the start of each of the following chapters. 4.3 Stakeholder Engagement – The Next Steps 4.3.1 Engagement Principles International best practice recommends the active engagement of stakeholders throughout a Project lifecycle, commencing with scoping. As outlined above, stakeholder engagement has formed an important part of the social and environmental impact studies leading up to this report but it is the intention that this will continue as a crucial aspect of the way social and environmental impacts and risks are managed in the future. This will be undertaken in accordance with IFC guidance and Rio Tinto’s policy with regard to engagement. In line with current international good practice the Project will ensure that engagement: is free of manipulation, interference, coercion and intimidation; is free of charges for participation; takes place prior to decisions being made so that views expressed can be taken into account; is conducted on the basis of timely, relevant, understandable and accessible information; is undertaken in a culturally appropriate manner; includes all those interested in or affected by the Project, and in particular, vulnerable groups; achieves a two-way dialogue; and is responsive, and includes explicit mechanisms for receiving, documenting and addressing comments

received. Rio Tinto standards require that consultation and engagement are carried out in good faith with mutual obligation. Consultation and engagement engender mutual understanding of respective values and the needs of both the business and the host communities. A process of continuous dialogue can help the business explain and respond to changing circumstances and concerns. It allows a business to make informed judgements on management and technical proposals that maximise benefits and reduce negative impacts. It is a way of ensuring that the business and its communities remain mutually informed and involved with each other throughout the life of the business. Consultation and engagement approaches and procedures must be transparent, inclusive and culturally appropriate, and must ensure that:


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people and organisations who may be affected by or interested in the Project are as fully informed as practically possible about the Project and its possible effects before they occur and have access to reliable independent advice;

two-way discussions cover stakeholder issues and priorities as well as the concerns and needs of the company;

discussions occur in a language and format that is understandable to local stakeholders; stakeholders participate to the greatest extent possible in social and environmental impact

assessments; a record is kept of all formal and informal meetings that involve commitments, including how views of

both the company and stakeholders may have changed and where agreements have been reached, and of action items with dates for completion; and

discussions and community decision-making reflect established local conventions and protocols,

including gender considerations, supplemented if necessary by additional processes for inadequately represented and marginalised groups.

The programme of engagement activities undertaken during scoping, described in Section 4.2.3, was designed to accord with the above principles and the Simandou Project is committed to continuing this through the lifetime of the Project. The Stakeholder Engagement Plan for the Project has been updated to describe the next steps in this process and the new plan is presented in Annex 1G: Simandou Project Grievance Procedure. The remainder of this section outlines the activities planned for the next stage. This focuses on the plan for disclosure of this report and consultation on its findings with Project stakeholders. The processes for enabling and responding to feedback from stakeholders and for managing any grievances that may arise are also described. 4.3.2 SEIA Disclosure and Consultation A programme of disclosure and stakeholder engagement is planned to run for 3 months from the date of submission of this report to the Government of Guinea. The aim of this is to provide directly affected communities and other project stakeholders with an opportunity to understand and comment on the results of the assessment and the proposed mitigation measures. This will include the following activities. The SEIA Report and accompanying leaflets and summary material will be published on the Simandou

website at http://www.riotintosimandou.com/index_seia.asp (French) and http://www.riotintosimandou.com/ENG/index_seia.asp (English) and will be available to download at no cost (a CD copy may also be requested). It will also be available on the IFC website in accordance with its policy on access to information.

Hard copies of the report will be available for inspection at the following locations in Guinea and internationally: Simfer SA

Immeuble Kankan Cité chemin de fer BP 848 - Conakry République de Guinée;

The Simandou Info-Shop in Beyla and at further Info-Shops as these are developed;


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Rio Tinto Iron Ore Europe 17, Place de Reflets La Défense Courbevoie 92097 Paris France; and

Rio Tinto plc

2 Eastbourne Terrace London W2 6LG United Kingdom

Publication of the report will be announced in newspaper advertisements and through press and media

announcements in Conakry and across the prefectures affected by the Project.

A national stakeholder conference and series of local stakeholder conferences will be held in each of the prefectures through which the Project passes. These will be widely publicised in local media and invitations will be sent to the regional, prefectural, sub-prefectural and local administrative authorities, to community leaders, and to community-based and non-governmental organisations.

Itinerant Info-Shops will be created in each of the 22 sub-prefectures impacted by the Project, where local populations will have access to all the information available on the Project.

The SEIA Team will make direct contact with government departments and non-governmental

organisations inviting their comment on the Project and its impacts.

In addition to these activities, a programme of mobile exhibition visits led by the Simandou Communities Department and field studies associated with planning for land acquisition, resettlement and compensation will be underway visiting settlements throughout the Project area. These will provide the opportunity to communities affected by the Project to be consulted on the SEIA findings and allow local people to comment on the Project and its impacts prior to final decisions on design and construction. Meetings will be held in all villages directly affected by the Project, involving local leaders, affected households and businesses, and special sectors within the community including women and other potentially vulnerable groups. The Project will also assist the Ministry of the Environment in organising formal public hearings as required by the Guinean EIA Regulations. 4.3.3 Managing Stakeholder Feedback Throughout the period of consultation a formal comment and feedback system will operate. Comments and questions can be submitted to the Project Team by various routes: by email to [email protected];

by writing to:

Equipe Communautés - EISE Simfer SA Immeuble Kankan, Cité Chemin de Fer BP 848 Conakry, République de Guinée

or to:


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Simandou SEIA ERM Exchequer Court 33 St Mary Axe London, EC3A 8AA United Kingdom;

by raising a point or asking a question at a stakeholder event;

by leaving a written comment at a stakeholder event or at a Simandou Info-shop or Info-post; and

by raising an issue with the land acquisition planning team during village level consultations. Comments can be submitted by any means (in person, in writing, by email) including on the pre-printed feedback form which will be made widely available. A copy of the feedback form is included in Annex 1G: Stakeholder Engagement Plan and is available on the project website. All comments made by stakeholders, whether in person, by mail or email, will be recorded in a Stakeholder Register and will be considered by the Project Team in completing Detailed Engineering, finalising the methods for construction and operation, and updating and implementing the Social and Environmental Management Plan. Where questions are raised that require an individual response, this will be provided and if any parties raise a grievance or complaint this will be managed through the Simandou Grievance Procedure (see Section 4.3.4). A report on the outcome of the consultation process will be prepared and published. 4.3.4 Grievance Procedure A Grievance Procedure has been established to receive and facilitate resolution of concerns and grievances about the Project’s environmental and social performance. The Grievance Procedure is set out in Annex 1G: Simandou Grievance Procedure. It has been designed to resolve concerns promptly, using an understandable and transparent process that is culturally appropriate and readily accessible. Grievances will be addressed with no cost to the party that raised the concern and without retribution. The mechanism will also not impede access to other judicial or administrative remedies available to affected parties. 4.3.5 Future Stakeholder Engagement On completion of the SEIA regulatory procedure the Project will move forward into the implementation phase. A full programme of stakeholder engagement will continue during Detailed Engineering and construction and then throughout the lifetime of the Project. Details of this will be provided in an update of the Stakeholder Engagement Plan which will be published at the time of Project approval and this will be regularly updated thereafter. The long term programme of engagement will include: on-going liaison with regulatory authorities concerned with environmental and social issues;

establishment of local community liaison groups which will be used to keep people informed of Project

activities and seek their participation in decisions affecting their communities;

publication of regular reports on Project progress, implementation of mitigation measures, compliance with the SEMP and overall performance; and

sharing of monitoring results and consultation on responses to unforeseen impacts that may occur.

4 scoping and stakeholder engagement 4.1 introduction … · simandou seia volume iii port chapter...

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