Stakeholder consultations Kyiv May 13, 2011

1. Stakeholder consultations Kyiv May 13, 2011

2. Why stakeholder consultations? • To help improve project design and implementation • To inform people about changes that affect them • To take their views into account in the design and implementation of projects • To identify adverse impacts and mechanisms to enhance project benefits • To identify risks from and to a project • To increase project ownership and sustainability • To comply with Bank/ Government policies that require consultations

3. Outline • The process of consultations • The role and responsibility of the Bank in the consultations process • Consultations in the project cycle • Policy-specific requirements related to consultations • Challenges

4. The process of consultations • The primary responsibility for consultations rests with the borrower – often carried out with the help of consultants • Consultations can take place in the context of Bank-required processes or otherwise • Questions that need to be addressed as part of the design of consultations: • What are the issues on which there needs to be consultation? • Who should be consulted on these issues? • What form should the consultations take?

5. The process of consultations (Cont.) (d)What are the appropriate locations for conducting consultations? (e) What is the appropriate timing / schedule for conducting consultations? (f) How will the consultations be documented, and their results disseminated? (g) How will the results of consultations be reflected in project design and implementation?

6. What issues should be consulted on? • Identification of Impacts (negative, positive, cumulative, other) • Improving project design • Designing measures to enhance opportunities and mitigate adverse impacts • Improving Implementation, including institutional arrangements • Changes during project implementation

7. Who to consult? • Who represents the stakeholders? How select them? • Directly affected people (consult all affected “groups”, not a sample), including, but not limited to, those covered by the Bank’s safeguard policies • Project beneficiaries • Key interest groups who are known to have views on project issues • Government agencies other than the main counterparts, especially those that have a role in project implementation • Local CSOs • In some cases, international NGOs

8. When? • As soon as the design options are known • Before design is finalized • As part of developing mitigation measures required by safeguard policies • During implementation, if design options are not specified during preparation • When changes during implementation lead to identification of new impacts • For complex projects, throughout project implementation • If Bank gets involved late, assess consultations carried out up to that point and assess need for additional consultations

9. Where? • At a location close to those who are directly affected • In projects with large footprint, at different locations so that everyone directly affected by the project has an opportunity to attend • If held at a distance, may need to provide transport to and from the location • Special arrangements may be required for women, the elderly, handicapped etc. • Location should be perceived as safe by participants • Arrangements at the location should be adequate

10. How? • The form of consultations depends on the profile of stakeholders • Key methods of consultations are: • Public hearings • Household interviews • Individual questionnaires • Focus groups • Electronic consultations • Also establish mechanisms where stakeholders can register their views / suggestions / comments on an ongoing basis • Special ways of consultation may be necessary for those strongly opposed to a project

11. How to make public hearings effective • Explain, up front, the objective of the consultations, rules of participation and the proposed follow up • Manage expectations of participants • Agree on the agenda of consultations with the participants • Provide advance information to key stakeholders in appropriate format • Provide sufficient time for the consultations • Use appropriate moderation / facilitation skills

12. How to make public hearings effective • Don't allow a few stakeholders to dominate the discussion • Assess the need for translation and interpretation • Ensure people feel safe participating in consultations • Make special efforts to ensure vulnerable and potentially reticent groups are able to express their views • Conclude the meeting by reiterating how the comments and suggestions received will be processed

13. Documenting and disseminating the results • Maintain good record of consultations • Use audio and video to maintain record but disclose form of recording in advance • Discuss the issue of attribution of comments • Inform participants how they can access the record of consultations • Explain to participants the next steps after the consultations • Record and address any stakeholder suggestions that cannot be accommodated • Report back to participants how their suggestions were addressed, including those that could not be accepted • Minutes of consultation meeting are to be attached to project EIA

14. Reflecting the results of consultations in project design and implementation • Take key recommendations from consultations into account in project design – key measure of the meaningfulness of consultations • Include suggestions on implementation arrangements • Clearly explain why some of the comments / suggestions could not be accepted

15. How to make consultations meaningful? • Provide relevant information to stakeholders in advance of the meeting, in a form and manner they can understand • Document the process, and key issues that emerge, thoroughly • Discuss, in project documents, how the key issues raised by stakeholders during consultations have been taken into account in project design and implementation • Clearly discuss the suggestions made by stakeholders that cannot be accepted

16. How to make consultations meaningful? (Cont.) • Disseminate the results of the consultations with a clear explanation of how stakeholder who disagree with how consultations have been characterized can register their objections • Respond to any objections raised by stakeholders on how the results of the consultations have been addressed in project design and implementation, and described in the documentation

17. Consultations on the Bank partnership strategies • Elicited important feedback for the Country Team • Provided inputs to the strategy formulations • Conducted in Kyiv and regions • Participants informed about how their suggestions were addressed

18. Policy Requirements related to consultations

19. Key principles • Consult project affected persons and local NGOs meaningfully about the project and take their views into account • For category A, consult (i) before the ToR for the Environmental Assessment are finalized, and (ii) after the draft EA report is prepared • Consult stakeholders throughout implementation as necessary to address issues that affect them • Provide relevant material in a timely manner prior to consultations in a form and language that are understandable and accessible to the groups being consulted

20. Key principles (Cont.) • For projects that affect indigenous peoples, engage them in a process of free, prior and informed consultation. This should result in broad community support to the project • For projects involving involuntary resettlement, the displaced people are consulted on, offered choices among, and provided technically and economically feasible resettlement alternatives • Consult host communities, local authorities and NGOs

21. Challenges • How to conduct a comprehensive stakeholder analysis? • What makes consultations meaningful? • What is the appropriate form and language for information provided to stakeholders? • How to verify consultations were held as proposed? • How to handle disagreements among stakeholders? • How to handle suggestions that cannot be accepted?