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WHY WOULD GOVERNMENT BE/ NOT BE INTERESTED IN PP CHANGE?

WHY WOULD GOVERNMENT BE/ NOT BE INTERESTED IN PP CHANGE?. Has a pattern been identified? ¿Perception that the dispute rose as a policy failure or as an isolated event? (The fact that there was one dispute does not indicate that the policy is failing).

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WHY WOULD GOVERNMENT BE/ NOT BE INTERESTED IN PP CHANGE?

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  1. WHY WOULD GOVERNMENT BE/ NOT BE INTERESTED IN PP CHANGE? • Has a pattern been identified? • ¿Perception that the dispute rose as a policy failure or as an isolated event? (The fact that there was one dispute does not indicate that the policy is failing). • Recognition that if I change the policy I will prevent future conflict • Degree to which I attribute the present conflict to failure in policy implementation rather then the policy itself

  2. WHY WOULD GOVERNMENT BE/ NOT BE INTERESTED IN PP CHANGE? • How would it affect our political capital? • Degree to which the change will bring political risks or opportunities (will it provoke resentment from groups, whose support you need) • Degree to which this policy can help me to get reelected • Degree of public support for policy change • Degree of political capital that I am willing to invest in the process • Face saving element: extent to which you were you involved in the definition of the original policy? Are you admitting weakness by changing the policy? • Extent to which you can blame the past government for the failure and for the need to change.

  3. WHY WOULD GOVERNMENT BE/ NOT BE INTERESTED IN PP CHANGE? • What is our capacity to change policy? • Depends on your position within the government • The extent to which I perceived that the policies are defined democratically. • Is this the only way out of conflict? • We may have reached a stalemate that can only be broken by a change in policy. • What are our personal motivations? • We may want to maintain control / impose status quo. • The present policy benefits us and the groups that supported us in the campaign (corruption?) • Degree to which we actually believe in dialogue.

  4. WHY WOULD COMPANIES BE/ NOT BE INTERESTED IN PP CHANGE? • Legitimacy concern: How will our participation be perceived? • Interference in sovereign decisions the Govnmt has to make, when being private, sometimes foreign entity. Don’t want to intervene on sovereign decisions from the Government. • Constructive engagement to agree on clear set of rules for investment. • Risk of Isolation: Who is participating? • We are the only ones in the sector/industry participating and can become a target of further criticism. (Or can it be a comparative advantage?) • All other companies from same industry will constructively engage.

  5. WHY WOULD COMPANIES BE/ NOT BE INTERESTED IN PP CHANGE? • National Government´s capacity: How capable are they to put together the right process? • With weak Governments better to stay connected with local government authorities and strengthen those relations rather than moving to a national debate. Going to the national level can be bureaucratic, complicated, extended in time, politically manipulated, not transparent. • Stronger Governments can open up a useful a transparent, credible, participatory process. • Will it bring clarity and predictability? • more predictable rules will help better manage risks, clarify the contract, conditions to operate, to better serve the community, ensure high quality

  6. WHY WOULD COMPANIES BE/ NOT BE INTERESTED IN PP CHANGE? • One single project versus multiple projects: • If I am a company with a single project, I will prefer to stay locally and engaged with local authorities and communities to solve the specific conflict rather than moving the discussion to the public policy discussion, debate, process. • But if it is a corporation that will likely grow and have several projects even if in the future that will be an incentive to engage in a public policy debate due to predictability, quality, conditions, context of the norms

  7. Company’s perspective • Clarity and predictability: more predictable rules will help better manage risks, clarify the contract, conditions to operate, to better serve the community, ensure high quality • One single project versus multiple projects: • If it is a company with a single project based, I will prefer to stay locally and engaged with local authorities and communities to solve the specific conflict rather than moving the discussion to the public policy discussion, debate, process. • But if it is a corporation that will likely grow and have several projects even if in the future that will be an incentive to engage in a public policy debate due to predictability, quality, conditions, context of the norms

  8. WHY WOULD COMMUNITIES BE/ NOT BE INTERESTED IN PP CHANGE? • DEPENDS MOSTLY ON STAGE OF THE PROJECT • If already under implementation, they will most probably want to focus on the immediate satisfaction of basic needs • “They won´t go away so I want to solve my issues here and have some peace.”“Can I raise fish in these waters?” “Will I have my land back?” • “Government has never done anything for me”. “Big people make policy, I don´t understand it so I cannot change it” • If its yet to begin or if its about an expansion, they will probably want to take the discussion to the public policy sphere and away from their territory. NIMBY-driven mostly. • -NSEL case is an exception. Life and death question.

  9. WHY WOULD NATIONAL NGOs BE/ NOT BE INTERESTED IN PP CHANGE? • MOSTLY PRO-PUBLIC POLICY CHANGE because: • They need local conflicts that can be showcased as patterns of unfair policy-making. Some times money-driven. • They are interested in TNCs accountability and compliance, usually linked to International efforts. • They can use the argument of no/incomplete PP to justify their decision to oppose a project. • Some NGO representative will want to use it as a way to get elected for Congress… • Local NGOs will probably keep local but support the effort and build a local constituency for it.

  10. WHY WOULD INTERNATIONAL NGOs BE/ NOT BE INTERESTED IN PP CHANGE? • THEY WILL MOSTLY SUPPORT AND EVEN FUND IT BUT NOT MAIN INTEREST: • They aim at changing the policies at international level: IFIs, WTO, UN. • Will only support communities and National NGOs if their cases provide input for their international campaigns.

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