Mark Stoughton, Ph.D. The Cadmus Group Seoul • 5 June 2007

1. EIA Review and Follow-up: Strategies for Effective EIA Systems in AfricaOutcomes of the CLEAA-ECA African Experts’ Workshop Mark Stoughton, Ph.D.The Cadmus Group Seoul • 5 June 2007 CAPACITY DEVELOPMENT AND LINKAGES FOR ENVIRONMENTAL ASSESSMENT IN AFRICA ECONOMIC COMMISSION FOR AFRICACOMMISSION ECONOMIQUE POUR L’AFRIQUE

2. Review and follow-up: a challenge to EIA effectiveness in Africa • Over the last decade and more, African governments have made significant efforts to develop EIA systems. • In many cases, these systems also fulfill the role of media-based regulation in wealthier economies • Effectiveness of EIA depends critically on EIA review and Environmental Management Plan (EMP) implementation and follow-up. • require a combination of expertise, sufficient and sustained financial capacity, and well-performing institutional and regulatory mechanisms. • Meeting these requirements a challenge in many countries

3. CLEAA & ECA • UN Economic Commission for AfricaIn 2005, published:A Review of the Application of EIA in selected African Countries • Capacity Development and Linkages for Environmental Assessment in Africa (CLEAA)African regional network whose mission is to promote the use of Environmental Assessment and Management (EA&M) as a tool for sustainable development in Africa. EIA Effectiveness: top of the CLEAA agendaNetwork: 6 sub-regional nodes

4. CLEAA-ECA Expert’s Workshop “African Experts Workshop on Effectiveness of Environmental Impact Assessment Systems” • Addis Ababa, 12-13 April 2007 • Focus: EIA Review, Financing and Follow-up • Organizers:CLEAA Secretariat (IUCN/EARO, technical support by The Cadmus Group), ECA Food Security and Sustainable Development Division • Participants: Senior representatives of “leader” EIA agencies & agencies committed to improving the effectiveness of EIA systems, Donors, Partners engaged in EIA effectiveness; CLEAA Nodes • Funding: USAID (grant to CLEAA); ECA; NCEIA

5. Workshop objective “build on and go beyond the UNECA study’s recommendations, identifying and endorsing specific technical approaches and concrete actions and priorities to enhance EIA effectiveness in Africa”

6. Premise • There is no single prescription for a “perfect” EA system. • However, African policy-makers and institutions need feasible, innovative options and models that are effective in the reality of the African context. • Such options, models and lessons do exist, accumulated in EA systems across the continent.

7. Outcome A framework for an agenda for action:Technical recommendation and recommended implementation actions for governments, donors and partners in six areas for action Why “framework for an agenda?” Not a multilateral forum; all experts participated as individuals. Next step: put recommendations in front of multilateral fora that can set agendas. Not a textbook list of “factors for EIA effectiveness”, but a focused list of priorities addressing critical gaps with what works and what is feasible in African contexts.

8. Six (linked) action areas Follow-up on EMP Implementation & Adequacy EIA Review & Independence of EIA Decision-Making Financing of EIA systems Information Public Participation Certification o host-country systems for donor projects

9. Composition of review committees, teams should vary according to project needs Clear procedures, processes for engaging external expertise when required. Simplified procedures for small-scale activities. Transparency, clarity of review and decision-making procedures, criteria ACTION AREA 1:EIA Review & Independence of EIA Decision-Making Technical recommendations Implementation actions Necessary statute/regulatory changes Comparative study/information resource on EIA review systems Sectoral pilots for “general permit” approaches to small-scale projects

10. At a minimum, EIA Fees with clear basis in statute/ regulation 2-part fee system: processing + permit/licensing fees Fees scale to project size/ complexity Mitigation costs: rest with project proponent Escrowing, set-asides for decommissioning ACTION AREA 2:Financing Technical recommendations Implementation actions Necessary statute/regulatory changes Comparative study/information resource on EIA funding systems Financing entities to assure that project budgets reflect costs of EMP implementation; donor/ partner/ government action to make such environmental due diligence business as usual.

11. EIAs to include conditions in clear, auditable language Significant promise: partial “privatization” or outsourcing EMP implementation monitoring Financing should be contingent on existence of a conforming EMP, associated provisions in budgets & workplans ACTION AREA 3:Follow-up on EMP implementation, adequacy Technical recommendations Implementation actions Sectoral pilots on “privatized”/ “outsourced” models for follow-up monitoring w/ dissemination of lessons learned & recommended good practice. Donor/Partner/ Government action to make such environmental due diligence business as usual.

12. Straightforward, open, searchable access to: 1. “Full lifecyle” of individual EIAs 2. EIA procedures + norms & criteria used in decision-making 3. National environmental quality standards, env & social data 4. Clean technologies and mitigation actions 5. EIA practitioner & expert databases ACTION AREA 4:Information Technical recommendations Implementation actions Donor-funded, partner-led development of basic software platforms/packages adaptable to needs of individual states. (Access to packages contingent on practicable commitments to technical, financial dimensions of maintenance.) Regional EA associations and institutions: lead role in practioner databases.

13. Public participation critical to EIA quality, the quality of EIA review, public confidence in the process. Participation must be supported be clear provisions in statute/regulation Critical information in EA documents available in plain language Informed participation of civil society and media is a critical balance to project proponents ACTION AREA 5:Public Participation Technical recommendations Implementation actions Expansion of Calabash-like initiatives outside the SADC region

14. None ACTION AREA 6:Certifying host country systems Technical recommendations Implementation actions Such initiatives are a powerful mechanism for strengthening/ upgrading host country systems, particularly when matched with commitments to increased use of host country professionals for EIAs of donor projects. Expansion of existing efforts strongly recommended.

15. What next? 1 • Table the workshop recommendations in key multilateral fora: “AMCEN TRACK” AMCEN has endorsed/adopted the CLEAA program of work for 2007-08. AMCEN itself functions as a technical committee of the AU. We will table the workshop recommendations before AMCEN. An AMCEN resolution would be forwarded to the AU Commission and, hopefully, to the AU Heads of State Summit. “ECA TRACK” ECA to table the recommendations at a meeting of ECA’s Africa Committee on Sustainable Development, ACSD to draft a resolution for presentation at ECA’s Conference of Ministers of Finance, Planning and Economic Development.

16. What next? 2 • Participant decision-makers to implement where possible in their organizations • CLEAA to implement through its own program of work • Utilize the new Partnership for Environmental Assessment in Africa (PEAA) donor coordination/funding mechanism. • Via both CLEAA Secretariat and node activities • CLEAA Plan of Action: key topic for CLEAA meetings at IAIA 3

17. To contribute and learn more:  ATTEND the CLEAA Meeting at IAIA07 (Begins 18h00 today, continues 18h00 tomorrow.)  WORKSHOP REPORT NOW AVAILABLE

18. For more information Thank-you for your attention! mstoughton@cadmusgroup.com CLEAA: ECA Abdulrahman ISSA (Mr.) Isatou GAYE (Ms.) IUCN Tanzania Country Director Environmental Affairs OfficerCLEAA coordinator Food Security & issa@iucn.or.tz Sustainable. Development Division Divisionigaye@uneca.org