LAW, JUSTICE AND DEVELOPMENT WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT November 14-17, 2011 Washington DC LJD LAW JUSTICE and DEVELOPMENT

Three to Tango Camilo Azcarate, Manager Office of Mediation Services (MEF) World Bank Group Stakeholder participation in Environmental and Social Dispute Resolution Processes 2LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT

Farallones National Park Los Andes, Colombia LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT3 Located: SW of Colombia, between Valle del Cauca and Pacific Ocean 206,500 hectares, 30 rivers. Designated as a National Park in 1968 Hundreds of species of flora and fauna, some unique/ endemic Los Andes – 3,300 inhabitants – Activities: subsistence agriculture, logging, mining in the Farallones area Issues – land use, titles and possessions not regularized – Water quantity/ quality – Later: illegal mining using mercury and cyanide

LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT4 Direct Negotiations (attempt) – Initiated by local government – EMCALI (water utility) – Local community Trainings provided in negotiation to local community leaders in Los Andes Challenges: community stakeholders not engaging, high levels of distrust, security issues Photos: El Pais, Cali, Colombia Farallones National Park Los Andes, Colombia -1993

Housatonic River Pittsfield, MA Pittsfield – Located in Berkshires, East end of Massachusetts – Population 45,000, per capita income $20,000/year – Company Town: GE was employer of choice for decades Issue:-PCB Contamination – 1930s – 1970s: leaking of PCBs into Housatonic River – 1990s: Community created stakeholder groups (i.e. Housatonic River Initiative) to advocate for clean-up efforts – 1997: EPA plan to designate as Superfund LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT5

Housatonic River Pittsfield, MA Mediation – Between GE and local, state and Federal government and agencies. – Agreement (Consent Decree) completed in 1999 Challenges: – community felt left out of mediation (i.e. HRI) – high levels of anger/ distrust towards GE – complex/ long-term implementation with different alternatives for remediation Facilitation: – Creation of a facilitated Citizens Coordinating Council (CCC) – CCC facilitated originally by MODR, currently by CBI Clean-up and facilitated CCC is on-going LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT6

Motorsports Park Immokalee, FL Immokalee – Collier County, SW Florida – 4,000 families – 39% below poverty line, mostly agricultural laborers Issue: noise/ environmental impact – Current activities include weekend drag racing in the location of local airport – 2000: proposal for the creation of Motorsports Park, – Community concerns with current and future noise impact – Economic Development impact of Motorsports Park LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT7

Motorsports Park Immokalee, FL 2001 Facilitation – Community Advisory Committee, comprised of Key Stakeholders: community leaders, business leaders, government officials – Advisory role – Selection of Acoustic Engineer for analysis regarding: current noise levels, projected sound levels and effectiveness of proposed measures to reduce noise Noise Impact Evaluation LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT8

Lessons Learned LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT9 Lesson 1: Importance of availability of professional, independent providers of neutral services for assessment, design and implementation Lesson 2: Importance of Assessing the situation Who is a Stakeholder? -Who is/ will be impacted? -Who has a role in implementing ? -Who must agree ? -Who can block ? Key questions: Are stakeholders well defined? Do they have spoke-persons? Are they sufficiently organized to engage? Do they have the resources needed to participate is the process?

Lessons Learned LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT10 What are the Issues? -What are the principal issues? -What are the secondary issues? -How do the parties perceive the issues? -What is the most constructive way to define the problem (framing)? -What are the interests of each party? Key questions: Do the stakeholders have interests in common? Do they have a sense of interdependence? Relationship/ Process -What is the past history of interaction/ relationship between the parties? -Has some form of dispute resolution been attempted in the past? Have options for solutions been explored in the past? -What do parties think about using some form of dispute resolution? -Is engagement in the interests of the parties (BATNA)? -Would there be constraints on an attempt to use possible dispute resolution - timing, legal considerations, others?

Thank you! LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT11