Public participation in Environmental Authorization

1. Public participation in Environmental Authorization Erika du Plessis Golder Associates Africa (Pty) Ltd

2. Session 1 - Introductions • Name • Organisation / country • One thing you’d like to learn today • Favourite food

3. COURSE OUTLINE 08:00 Arrival 08:15 Introduction 08:45 Changing role of the public 09:30 International guidelines for good p2 10:00 Tea 10:30 Public participation: What it is and is not 11:00 Appropriate public participation: Good practice 12:00 Tailoring public participation to project requirements 12:30 Lunch 13:30 Designing the process 14:30 Group work – Case studies 16:00 Wrap-up 16:30 One last thing

4. INTRODUCTION • P2 partial solution to environmental problems and decision making. • Which stakeholders to involve when and to what degree – debate, argument, disagreement • Trade offs between economic growth, social equity and environmental integrity. • Lay people and experts see things differently. • Public perception of risk differs from experts • Intuitive perception of risk amongst lay people reflects far more concern for perceived inequitable solutions • Misconceptions, fear of losing control, previously inadequate processes, pervasive mistrust. • No silver bullet, process must be designed with these challenges in mind.

5. Session 2 - The Changing Role of the Public

6. Drivers for changing role of the public • Community empowerment • Democracy • Increased access to information • Increased access to international pressure groups • Increased awareness of rights • Declining political acceptance of repressive government/other practices • Ability to challenge • Changed power relations at the site Changed the nature of relationship between company and stakeholders

7. Drivers for changing role of the public • Internationalization of civil society • Expectations for international companies to be ‘global citizens’ • Demonstrate corporate social responsibility • International public opinion • Increasing awareness and participation • International financial, legal and environmental standards

8. Drivers for changing role of the public • Aarhus Convention on Public Participation - Europe • Agenda 21 • Equator Principles • IFC Operational Directive 4.01– Environmental Assessment • IFC Operational Directive 4.30 – Involuntary Resettlement. • IFC Disclosure Policy (1998); Stakeholder Engagement (2007). • Business Action for Sustainable Development (BASD) • World Bank Extractive Industries Review • Country laws – environmental and social; access to information

9. Drivers for changing role of the public Role of the State In most developing regions of the world….. • Inability to effectively apply legislation and regulations - lack of resources, inadequate staff training • Inability to improve social conditions - companies to act as surrogate governments • Inability to maintain and guarantee rights • Tendency to model laws on those of developed countries - lack of legitimacy

10. DRIVERS FOR CHANGING ROLE OF THE PUBLIC (4) • World Bank and IFC (many) • International Hydrologic Programme, UNESCO • US Environmental Protection Agency (EPA) • US Departments of Energy, Defense, Transport, etc • Commonwealth Foundation • World Water Vision Project • US Army Corps • US President’s Council on Sustainable Development • Canadian Standards Association • Superfund • Correctional Service, Canada • European Bank • The Intel Corporation, other companies • International Association for Public Participation P2 source books, guides, toolkits, manuals etc Check out the SAIEA Calabash site

11. Environmental rights Laws, regulations, how decisions will be made Session 3 - Public participation in law

12. Course participants page 5-7 Legal requirements and standards • Legal requirements in-country • Laws • International conventions signed by country • International standards (donors and funders like IFC) • Equator Principles • IFC Performance Standards

13. IFC Performance Components of Performance Standard 1 Indicators for Ascertaining Free, Prior and Informed Standards on Social Consultation and Environmental 1. Company Sustainability Identifying a) Social and strategy, policy or potential impacts Social & environmental 1. Social and Environmental principles on impact assessment Environmental Assessment Engagement Affected Assessing Assessment & communities consequences of Management Avoidance, mitigation, 2. Stakeholder involved in: impacts Systems compensation identification & measures analysis Development of b) Management mitigation 2. Labor and Program measures Action Plans Working Conditions 3. Community (Resettlement, engagement New impacts that have come to Biodiversity, etc.) 3. Pollution light have been consulted upon Prevention & c) Roles, responsibilities, 4. Information Abatement Organizational authority to implement disclosure Free (support of project not Capacity management program elicited by coercion, etc.) 4. Community Prior (sufficient time to interpret Health, Safety & Incl. regulatory 5. Consultation information, etc.) Security requirement, IFC d) Training Performance Standards Informed (based on adequate 5. Land acquisition & Action Plans disclosure) and Involuntary Resettlement Disclosure 6. Informed Incorporating community views participation on required mitigation, etc. e) Community Consultation 6. Biodiversity Engagement Conservation & Grievance Consultation 7. Vulnerable Sustainable Natural groups Resource Mitigation Recording of Management f) Monitoring information, 8. Grievance inspections, audits, etc. Structure, procedure & application mechanism 7. Indigenous Peoples Internal reporting 9. Feedback to g) Reporting affected External reporting on 8. Cultural Heritage communities Action Plans

14. The Equator Principles • Review and categorisation – magnitude of impacts • Social and Environmental Assessment – address risks, propose mitigation • Applicable Social and Environmental Standards – eg IFC Performance Standards, compliance with host country laws and regs • Action Plan and Management System – addresses management of impacts • Consultation and Disclosure – structured and culturally appropriate – free, prior and informed consultation • Grievance Mechanism – ensuring continued consultation throughout construction and operation. • Independent review – expert not directly associated to review assessment. • Covenants – compliance, process, report, decommission • Independent monitoring and review – during operation • EPFI Reporting – publicly, annually re implementation of principles.

15. Law and pp guidelines • Southern African Institute for Environmental Assessment (SAIEA) • Calabash project – all the resources you need • www.saiea.com click on Calabash • Check out the new handbook on environmental law in Southern African countries

16. EIA Process (Chapter 4 in Guide)

17. Course participants page 9 Where the EA fits into the developer’s feasibility study FEASIBILITY STUDY TECHNICAL FINANCIAL ENVIRONMENTAL/ SOCIAL

18. SCOPING (issues by stakeholders, authorities, specialists) IMPACT ASSESSMENT (Specialist studies) INTEGRATION & COMPILE REPORT DECISION-MAKING ENVIRONMENTAL MANAGEMENT PLAN IMPACT ASSESSMENT Identify stakeholders Provide info (capacity building) Get issues concerns and suggestions for benefits Get local knowledge Verification that issues captured

19. Course participants page 10 Objectives of public participation during an EA To provide sufficient and accessible information to stakeholders in an objective manner to assist them to: During the Scoping Phase: • Identify issues of concern, suggestions for enhanced benefits and alternatives • Verify their issues were recorded / captured • Agree on the scope of the EA During the Environmental Assessment Phase: • Verify their issues were considered • Comment on findings of EA During / after the Decision-making Phase: • Understand reasons for and conditions to decision • Opportunity to appeal decision • To achieve this one must: • Identify stakeholders • Announce opportunity to participate and • Provide information

20. TEA TIME – 30 MINUTES

21. Session 4 - PP – What it is and is not

22. Public participation A process leading to a joint effort by… • stakeholders • technical specialists • the authorities • the proponent …who work together to produce better decisions than if they had acted independently

23. WHAT IS PUBLIC PARTICIPATION? “They can help us think” “They can give us an up-front indication of environmental (social, economic, environment) issues which may cause future difficulties” “Capitalizing on the collective wisdom of people representing various perspectives of society”

24. BENEFITS OF PUBLIC PARTICIPATION ·Builds public understanding of need for proposed policy, program, plan or project and leads to better and more durable decisions ·Creates trust in decision-makers and processes, leading to stable policies and enduring decisions ·Provides an early warning of issues that require mitigation ·Builds public ownership and stronger stake in initiatives leading to participants carrying out their responsibilities during implementation  ·Identifies local customs or institutions that could be barriers to implementation, with opportunities to adapt activity before implementation begins ·Creates opportunities for stakeholders to discuss their differences directly, often leading to creative new solutions ·Manages single-issue viewpoints through interactive process which allows a broad range of balancing perspectives and values ·Enriches decision-making through diversity of opinion and the local and traditional knowledge and collective wisdom of stakeholders ·Builds legitimacy for decisions that allows them to withstand changes in government or company policy and leadership

26. &&!!**! Government *?!!&&$$ Stakeholders Environment advocacy animosity conflicting needs mistrust !!&?11** Proponent Social Stakeholders *&&!!** EIA Team  = 2m3/a/xx2ab/ml/s RESULT OF NO COMMON GOAL

27. Stakeholder Stakeholder Agriculture EIA Specialist Can we achieve... Government Central Developer Social equity Stakeholder Social Stakeholder Environment Ecological integrity Economic industry Government Local Stakeholder Mining Industry EIA Specialist sustainability? Developer Stakeholder Labour Government Provincial COMMON GOAL – SUSTAINABLE DEVELOPMENT

28. PUBLIC PARTICIPATION : WHAT IT IS NOT • Not public relations • Not the DAD principle • Does not promote project or developer • Cannot practically consult with every individual or organisation • Not the developer’s neighbour or community relations • Cannot on behalf of developer enter into negotiations • Not intended to satisfy grievances; rather to record issues of concern • Not environmental dispute resolution

29. 8 PUBLIC PARTICIPATION Specific project or activity. Finite. Decision-orientated Neighbour relations programme Difference between PR and P2 PUBLIC RELATIONS 2002 health finances 2003 environment social 2004 safety business 2005 shareholding project progress 2006 other production 2007 ongoing

30. Session 5 - Appropriate PP – Good practice

31. Information provision A mix of written, visual and verbal methodologies was used to share information • Background Information Document and comment sheet • Posters • PowerPoint presentations at meetings • Small group and Focus Group meetings • Site visits to existing mine • Media releases • Radio • Three-monthly 4-page newsletter

32. Information provision A mix of written, visual and verbal methodologies was used to share information

33. Information provision Comprehensive public consultation at the start of the EIA for the proposed new mine: Methodologies consisted of a mix of personal contact, written and visual information in lay person’s language. Senior company personnel were present at most meetings to ensure that stakeholders perceived the company as being committed to public consultation, and to ensure that relationships were being built. Personal interviews, small group meetings and focus group meetings (maximum 25 people) with different sectors of society were held in preference to large, emotive public meetings.

34. Documents that were available for stakeholder comment:Full EIA and RAP reports (for more technically minded people), English and FrenchSummary of EIA report (in lay person’s language), English, French and SwahiliComment sheetsSummary reports distributed in advance through- Personal delivery- Mail- Email- Web Information provision According to ability

35. modern mining, mitigation of its impacts and benefits Ghanaian legislation international lender and good practice requirements Information provision Substantial effort was put into building stakeholder capacity of:

36. Building capacity to participate Explanatory posters Background Information Document Small group meetings Information provision

37. Environmental rights Not forgetting the process information EIA process Scoping Getting issues and suggestions Impact assessment Specialists evaluate and recommend Laws, regulations, how decisions will be made Environmental Report Presents findings Authority decision May project proceed and what conditions? Environmental Management Plan Measures Building capacity to participate

38. Getting issues Comment boxes at notice boards and Information Centres

39. Getting issues Site visits to the hill that will be mined

40. Getting issues Company personnel always sat in between stakeholders, never at a speakers’ table in the front. This created a feeling of working together, rather than “Us and Them.”

41. Getting issues Open houses Open Houses included seating for Focus Groups where senior company personnel assisted to explain proposed project and members of the EIA team assisted to explain impacts and mitigation.

42. Getting issues Senior company personnel met with smaller groups of stakeholders during Open Houses to build trust and show commitment. As these two photos show, initially angry stakeholders relaxed and entered into discussion with the company

43. Giving feedback • Issues and response report • Issues and response posters • Summary document

44. COMMENTS/RESPONSE REPORT: REFLECTING STAKEHOLDER ISSUES BACK TO THEM

48. Giving feedback Summary document including issues and responses Full Issues and Response Report (over 100 pp) was available

49. Giving feedback Emphasis was placed on potential impacts and how these could be mitigated during modern mining

50. Notice Boards, Information Points and Comment Boxes