eiapublic4(gajaseni, 2007) 1 public participation (public involvement)

EIApublic4(Gajaseni, 2007)EIApublic4(Gajaseni, 2007) 11

Public Participatio Public Participationn

(Public involvement) (Public involvement)


Why is public participation imporWhy is public participation important?tant?

The reasons can be divided into The reasons can be divided into 3 3 catcategories;egories;1.1. Lesson learned form Lesson learned form exex post post project project evaleval

uationsuations2.2. Reasons arising form political and poli Reasons arising form political and poli

cy changes at global and national levels cy changes at global and national levels3.3. Resulting from the evolving policies o Resulting from the evolving policies o

- - f the multi (World Bank) and bi lateral ( - - f the multi (World Bank) and bi lateral ( Canadian International Development Ag Canadian International Development Ag

ency) agencies ency) agencies


Objectives of public Objectives of public participation:participation:

InformingInforming the stakeholdersthe stakeholders about what is about what is proposed and providing the opportunity for proposed and providing the opportunity for creating a sense of ownership of the proposalcreating a sense of ownership of the proposal

providingproviding an opportunityan opportunity for those otherwise for those otherwise unrepresented to present their views and unrepresented to present their views and values, therefore allowing more sensitive values, therefore allowing more sensitive consideration of mitigative measures and consideration of mitigative measures and trade-offstrade-offs


Who are stakeholders? Who are stakeholders?


The stakeholders involved in an EIA The stakeholders involved in an EIA typically includes:typically includes:Local people, indigenous peopleLocal people, indigenous people (individual (individual

or groups) or groups) and communitiesand communities (affected by (affected by project)project)

Project beneficiaries,Project beneficiaries, proponent, investor proponent, investorNational & local government agenciesNational & local government agenciesNon-government organisationsNon-government organisations (NGOs) (NGOs)Community-based organisationsCommunity-based organisations (CBOs) (CBOs) Interested groupsInterested groups, such as donor, the , such as donor, the

private sector, academic etc.private sector, academic etc.


Why is stakeholder involvemenWhy is stakeholder involvement to be t to be

an essential part of EIA?an essential part of EIA?


providing the benefits to be maximisedproviding the benefits to be maximised and and that no major impacts have been that no major impacts have been overlookedoverlooked

providing an opportunity for the publicproviding an opportunity for the public to to influence project design in a positive influence project design in a positive mannermanner

obtaining local and traditional knowledgeobtaining local and traditional knowledge (corrective and creative), before decision-(corrective and creative), before decision-making making

increasing public confidenceincreasing public confidence in the in the reviewers and decision-makersreviewers and decision-makers


providing betterproviding better processesprocesses of of transparency, accountability and transparency, accountability and decision-makingdecision-making

reducing conflictreducing conflict through the early through the early identification of contentious issuesidentification of contentious issues


Purpose and objectives Purpose and objectives of public involvementof public involvement

informing stakeholdersinforming stakeholders

gaining their views, concerns and valuesgaining their views, concerns and values

taking account of public inputs in decision taking account of public inputs in decision makingmaking

influencing project designinfluencing project design

obtaining local knowledgeobtaining local knowledge

increasing public confidenceincreasing public confidence

improving transparency and accountability improving transparency and accountability in decision-makingin decision-making

reducing conflictreducing conflict


InformationInformationone way flow from proponent to publicone way flow from proponent to public

ConsultationConsultationtwo way exchange of informationtwo way exchange of informationopportunities for the public to express views on the proposalopportunities for the public to express views on the proposal

ParticipationParticipationinteraction with the publicinteraction with the publicinvolved in decision-making through reaching consensus on involved in decision-making through reaching consensus on the main elementsthe main elements

NegotiationNegotiationface to face discussionface to face discussion

Levels of public involvementLevels of public involvement


two way two way exchange of exchange of informationinformation

opportunities for the opportunities for the public to express public to express views on the views on the proposalproposal

ConsultationConsultation


ParticipationParticipation interaction with the interaction with the

publicpublic involved in decision-involved in decision-

making through making through reaching consensus on reaching consensus on the main elementsthe main elements


NegotiationNegotiation

face to face face to face discussiondiscussion


Principles of public Principles of public involvementinvolvement

The process should beThe process should be inclusive – covers all stakeholdersinclusive – covers all stakeholders open and transparent – steps and activities open and transparent – steps and activities

are understoodare understood relevant – focused on the issues that matterrelevant – focused on the issues that matter fair – conducted impartially and without fair – conducted impartially and without

bias toward any stakeholderbias toward any stakeholder responsive – to stakeholder requirements responsive – to stakeholder requirements

and inputsand inputs credible – builds confidence and trustcredible – builds confidence and trust


Public involvement in key Public involvement in key stages of the EIA processstages of the EIA process

screening screening

determining the need for, and level, of EIA determining the need for, and level, of EIA scoping scoping

identifying the key issues and alternatives identifying the key issues and alternatives impact analysis impact analysis

identifying the significant impacts and mitigating identifying the significant impacts and mitigating measures measures

review review

commenting on/responding to the EIA report commenting on/responding to the EIA report implementation and monitoringimplementation and monitoring

checking EIA follow upchecking EIA follow up


No EIAEIA Required

*Public involvement Scoping

Mitigation and impact

management

EIA Report

ProposalIdentification

Screening

Initialenvironmental examination

Impact analysis

Review

Decision-making

ApprovedNot approved

Implementation andfollow up

Information from this processcontributes to effective future EIA

Redesign

Resubmit*Public involvement

*Public involvement typicallyoccurs at these points. It mayalso occur at any other stageof the EIA Process.

Generalised EIAProcess Flowchart

EIApublic4(Gajaseni, 2007)UNEP Training Resource Manual

Topic 1 Slide 16


Development of public involvement: Development of public involvement: involve consideration of the issues??involve consideration of the issues??

the objectives of the EIAthe objectives of the EIA identification of interested and affected identification of interested and affected

parties (stakeholders)parties (stakeholders)budgetary/time constraints and budgetary/time constraints and

opportunitiesopportunities identification of appropriate techniques to identification of appropriate techniques to

involve or consult with the stakeholdersinvolve or consult with the stakeholders


traditional authority structures and traditional authority structures and decision-making processesdecision-making processes

identification of approaches to ensure identification of approaches to ensure feedback to the involved stakeholdersfeedback to the involved stakeholders

identification of mechanisms to ensure identification of mechanisms to ensure consideration of stakeholder’s views, consideration of stakeholder’s views, opinion and suggestionsopinion and suggestions


Ideally, the public involvement should Ideally, the public involvement should commence throughout the whole EIA commence throughout the whole EIA

process/project cycle:process/project cycle:

ScopingScoping Interim reports (if prepared)Interim reports (if prepared)Draft/final reportDraft/final reportDecision-makingDecision-makingPost-decision stage Post-decision stage


Constraints to effective Constraints to effective public participation:public participation:

PovertyPoverty involvementinvolvement means time spent away means time spent away from income-producing tasks, and favours the from income-producing tasks, and favours the wealthywealthy

Rural settingRural setting increased distance make increased distance make communication more difficult and expensivecommunication more difficult and expensive

IlliteracyIlliteracy which may be combined with the lack which may be combined with the lack of command of non-local languages, can inhibit of command of non-local languages, can inhibit representative involvement if print media is representative involvement if print media is usedused


Local values/cultureLocal values/culture behavioural norms or behavioural norms or cultural practice can inhibit involvement of cultural practice can inhibit involvement of some groups, who may not feel free to disagree some groups, who may not feel free to disagree publicly with dominant groupspublicly with dominant groups

LanguagesLanguages in some countries a number of in some countries a number of different languages or dialects may be spoken, different languages or dialects may be spoken, making communication difficultmaking communication difficult


Legal systemsLegal systems may be in conflict with may be in conflict with traditional systems, and cause confusion about traditional systems, and cause confusion about rights and responsibilities for resourcesrights and responsibilities for resources

Interest groupsInterest groups may have conflicting or may have conflicting or divergent views, and vested interestsdivergent views, and vested interests

ConfidentialityConfidentiality can be important for the can be important for the proponent, and may militate against early proponent, and may militate against early involvement and consideration of alternativesinvolvement and consideration of alternatives


Weakness of public involvement: Weakness of public involvement:

Stakeholders represent the minimum to bStakeholders represent the minimum to be involved in EIA.e involved in EIA.

Usually, only some groups of stakeholdeUsually, only some groups of stakeholders (experts) may be involved to this EIA prs (experts) may be involved to this EIA process.rocess.


Principles for successful Principles for successful application of public application of public

involvement techniquesinvolvement techniques provide the right informationprovide the right information

allow sufficient time to review and respondallow sufficient time to review and respond

provide appropriate opportunities/means provide appropriate opportunities/means for stakeholder involvementfor stakeholder involvement

respond issues and concerns raisedrespond issues and concerns raised

feed back the results of public inputfeed back the results of public input

choose venues and times of events to suit choose venues and times of events to suit stakeholdersstakeholders


Principles of minimising Principles of minimising conflict:conflict:

involving all stakeholdersinvolving all stakeholders likely to be affected likely to be affected

communicating the objectivescommunicating the objectives of the proposal, of the proposal, and how it is planned to achieve themand how it is planned to achieve them

actively listeningactively listening to the concerns of affected to the concerns of affected people, and the interests which lie behind people, and the interests which lie behind those concernsthose concerns


treating people treating people honestly and fairlyhonestly and fairly, establishing , establishing trust through a consistency of behaviourtrust through a consistency of behaviour

being empatheticbeing empathetic, putting yourself in the shoes , putting yourself in the shoes of other party, and looking at the area of dispute of other party, and looking at the area of dispute from their perspectivefrom their perspective

being flexiblebeing flexible in the way alternatives are in the way alternatives are considered, and amending the proposal considered, and amending the proposal wherever possible to better suit the interests of wherever possible to better suit the interests of other partiesother parties


where other’s interests cannot be where other’s interests cannot be accommodated, accommodated, mitigating impacts to the mitigating impacts to the greatest extent possiblegreatest extent possible,, and looking for ways and looking for ways to compensate for detrimentto compensate for detriment

establishing and maintaining establishing and maintaining open two-way open two-way channels of communicationchannels of communication throughout the throughout the planning phase, and beyond into planning phase, and beyond into implementationimplementation

acknowledging the concerns and suggestions acknowledging the concerns and suggestions of othersof others, and providing feed-back on the way , and providing feed-back on the way these matters have been followed up and these matters have been followed up and evaluatedevaluated


Common reasons given for avoiding Common reasons given for avoiding public involvement:public involvement:

It is too earlyIt is too early It will take too long and will cost too muchIt will take too long and will cost too much It will stir up oppositionIt will stir up opposition We will only hear from the articulateWe will only hear from the articulate We will raise expectationsWe will raise expectations People will not understandPeople will not understand

??????????????????????????????????


What should it be?What should it be?

Change from Change from

““ConsultationConsultation”” “ “ ParticipationParticipation””

Consultation Consultation = no formal influence on decisi= no formal influence on decisionon

ParticipationParticipation = shared control and power = shared control and power for for acceptable agreementacceptable agreement


3 ways to identify public 3 ways to identify public participation specialist:participation specialist:

1. Self identificationSelf identificationIndividual or groups make their interests

known2. Staff identificationStaff identification

Agencies identify potentially interested parties3. Third-party identificationThird-party identification

Individual or groups may approach agencies to suggest other groups to be involved


Techniques of public involvement based on meetings:

Public Public hearhearinging Public meetingPublic meeting (planary session & small (planary session & small

group discussion, town meeting, etc)group discussion, town meeting, etc) Advisory panelsAdvisory panels (citizen’s committees) (citizen’s committees) Public workshopsPublic workshops InterviewsInterviews QuestionnairesQuestionnaires Participatory appraisal techniquesParticipatory appraisal techniques


Public hearingPublic hearing


Techniques of public involvement not Techniques of public involvement not based on meetings:based on meetings:

Providing information to publicmail, field trips, mass media coverage, public

notices, www. Obtaining information from the public

public opinion polls, questionnaires, written comment from public

Establishing two-way communications interviews, telephone hotlines, chat rooms on i

nternet


Environmental MediationEnvironmental Mediation

Originated in Washington State in 1974Originated in Washington State in 1974 Aims to resolve environmental disputes, Aims to resolve environmental disputes,

usually involve environmental resourcesusually involve environmental resources The process involves The process involves disputants and and neutral

third party (mediator) (mediator) to deal with to deal with BargainingBargaining Information sharingInformation sharing Consensus buildingConsensus building Compromising in original positionCompromising in original position


Principles of Negotiation: Principles of Negotiation:

1. Separate the people from the problem

2. Focus on interests, not positions3. Invent options for mutual gain4. Use objective criteria for evaluating

the agreement


3 phase of environmental 3 phase of environmental mediation:mediation:

1. Pre-negotiation1. Pre-negotiationselect mediatorsselect mediators identify disputing partiesidentify disputing partiesdetermine representatives of stakeholdersdetermine representatives of stakeholdersperform stakeholder analysisperform stakeholder analysisdevelop ground rules and agendadevelop ground rules and agenda


2. Negotiation2. Negotiationengage in joint fact-findingengage in joint fact-findinginvent options for mutual gainsinvent options for mutual gainsdevelop package of agreementsdevelop package of agreementsratify agreementsratify agreements


3. Post-negotiation3. Post-negotiation -implement and monitor agreed upo -implement and monitor agreed upo

n plan n plan renegotiate if necessary renegotiate if necessary


“ “ No single correct approach to No single correct approach to public involvement public involvement,,

the choice will depend on the cir the choice will depend on the cir cumstance of each EIA” cumstance of each EIA”


Public participation in Thailand:

By Environmental Law 1992By Environmental Law 1992Provide Provide ‘‘Public hearing’Public hearing’ to peopleto people

Failure of public hearingFailure of public hearingHigh influence of disadvantage groupsHigh influence of disadvantage groupsIncomplete of information which protecIncomplete of information which protec

ted by law as secret informationted by law as secret information??????


With increasing econo mic difficulties, the pa

rticipation of public b ecame less.

eiapublic4(gajaseni, 2007) 1 public participation (public involvement)

Documents

public participation

local people

express views

trust eiapublic4gajaseni

positive mannerobtaining

reaching consensus

influence project design

main elements negotiationface