1. EIApublic4(Gajaseni, 2007) 1 Public Participation (Public involvement)

2. EIApublic4(Gajaseni, 2007)2 Why is public participation important? The reasons can be divided into 3 categories; The reasons can be divided into 3 categories; 1. Lesson learned form ex post project evaluations 1. Lesson learned form ex post project evaluations 2. Reasons arising form political and policy changes at global and national levels 2. Reasons arising form political and policy changes at global and national levels 3. Resulting from the evolving policies of the multi- (World Bank) and bi-lateral (Canadian International Development Agency) agencies 3. Resulting from the evolving policies of the multi- (World Bank) and bi-lateral (Canadian International Development Agency) agencies

3. EIApublic4(Gajaseni, 2007)3 Objectives of public participation: Informing the stakeholders about what is proposed and providing the opportunity for creating a sense of ownership of the proposal Informing the stakeholders about what is proposed and providing the opportunity for creating a sense of ownership of the proposal providing an opportunity for those otherwise unrepresented to present their views and values, therefore allowing more sensitive consideration of mitigative measures and trade-offs providing an opportunity for those otherwise unrepresented to present their views and values, therefore allowing more sensitive consideration of mitigative measures and trade-offs

4. EIApublic4(Gajaseni, 2007)4 Who are stakeholders?

5. EIApublic4(Gajaseni, 2007)5 The stakeholders involved in an EIA typically includes: The stakeholders involved in an EIA typically includes: Local people, indigenous people (individual or groups) and communities (affected by project) Local people, indigenous people (individual or groups) and communities (affected by project) Project beneficiaries, proponent, investor Project beneficiaries, proponent, investor National & local government agencies National & local government agencies Non-government organisations (NGOs) Non-government organisations (NGOs) Community-based organisations (CBOs) Community-based organisations (CBOs) Interested groups, such as donor, the private sector, academic etc. Interested groups, such as donor, the private sector, academic etc.

6. EIApublic4(Gajaseni, 2007) 6 Why is stakeholder involvement to be an essential part of EIA?

7. EIApublic4(Gajaseni, 2007)7 providing the benefits to be maximised and that no major impacts have been overlooked providing the benefits to be maximised and that no major impacts have been overlooked providing an opportunity for the public to influence project design in a positive manner providing an opportunity for the public to influence project design in a positive manner obtaining local and traditional knowledge (corrective and creative), before decision-making obtaining local and traditional knowledge (corrective and creative), before decision-making increasing public confidence in the reviewers and decision-makers increasing public confidence in the reviewers and decision-makers

8. EIApublic4(Gajaseni, 2007)8 providing better processes of transparency, accountability and decision-making providing better processes of transparency, accountability and decision-making reducing conflict through the early identification of contentious issues reducing conflict through the early identification of contentious issues

9. EIApublic4(Gajaseni, 2007)9 Purpose and objectives of public involvement F informing stakeholders F gaining their views, concerns and values F taking account of public inputs in decision making F influencing project design F obtaining local knowledge F increasing public confidence F improving transparency and accountability in decision-making F reducing conflict

10. EIApublic4(Gajaseni, 2007)10 F Information F one way flow from proponent to public F Consultation F two way exchange of information  opportunities for the public to express views on the proposal F Participation F interaction with the public  involved in decision-making through reaching consensus on the main elements F Negotiation F face to face discussion Levels of public involvement

11. EIApublic4(Gajaseni, 2007)11 F two way exchange of information F opportunities for the public to express views on the proposal Consultation

12. EIApublic4(Gajaseni, 2007)12 Participation F interaction with the public F involved in decision- making through reaching consensus on the main elements

13. EIApublic4(Gajaseni, 2007)13 Negotiation F face to face discussion

14. EIApublic4(Gajaseni, 2007)14 Principles of public involvement The process should be F inclusive – covers all stakeholders F open and transparent – steps and activities are understood F relevant – focused on the issues that matter F fair – conducted impartially and without bias toward any stakeholder F responsive – to stakeholder requirements and inputs  credible – builds confidence and trust

15. EIApublic4(Gajaseni, 2007)15 Public involvement in key stages of the EIA process F screening determining the need for, and level, of EIA F scoping identifying the key issues and alternatives F impact analysis identifying the significant impacts and mitigating measures F review commenting on/responding to the EIA report F implementation and monitoring checking EIA follow up

16. EIApublic4(Gajaseni, 2007)16 EIApublic4(Gajaseni, 2007) UNEP Training Resource Manual Topic 1 Slide 16

17. EIApublic4(Gajaseni, 2007)17 Development of public involvement: involve consideration of the issues?? the objectives of the EIA the objectives of the EIA identification of interested and affected parties (stakeholders) identification of interested and affected parties (stakeholders) budgetary/time constraints and opportunities budgetary/time constraints and opportunities identification of appropriate techniques to involve or consult with the stakeholders identification of appropriate techniques to involve or consult with the stakeholders

18. EIApublic4(Gajaseni, 2007)18 traditional authority structures and decision-making processes traditional authority structures and decision-making processes identification of approaches to ensure feedback to the involved stakeholders identification of approaches to ensure feedback to the involved stakeholders identification of mechanisms to ensure consideration of stakeholder’s views, opinion and suggestions identification of mechanisms to ensure consideration of stakeholder’s views, opinion and suggestions

19. EIApublic4(Gajaseni, 2007)19 Ideally, the public involvement should commence throughout the whole EIA process/project cycle: Scoping Scoping Interim reports (if prepared) Interim reports (if prepared) Draft/final report Draft/final report Decision-making Decision-making Post-decision stage Post-decision stage

20. EIApublic4(Gajaseni, 2007)20 Constraints to effective public participation: Poverty involvement means time spent away from income-producing tasks, and favours the wealthy Poverty involvement means time spent away from income-producing tasks, and favours the wealthy Rural setting increased distance make communication more difficult and expensive Rural setting increased distance make communication more difficult and expensive Illiteracy which may be combined with the lack of command of non-local languages, can inhibit representative involvement if print media is used Illiteracy which may be combined with the lack of command of non-local languages, can inhibit representative involvement if print media is used

21. EIApublic4(Gajaseni, 2007)21 Local values/culture behavioural norms or cultural practice can inhibit involvement of some groups, who may not feel free to disagree publicly with dominant groups Local values/culture behavioural norms or cultural practice can inhibit involvement of some groups, who may not feel free to disagree publicly with dominant groups Languages in some countries a number of different languages or dialects may be spoken, making communication difficult Languages in some countries a number of different languages or dialects may be spoken, making communication difficult

22. EIApublic4(Gajaseni, 2007)22 Legal systems may be in conflict with traditional systems, and cause confusion about rights and responsibilities for resources Legal systems may be in conflict with traditional systems, and cause confusion about rights and responsibilities for resources Interest groups may have conflicting or divergent views, and vested interests Interest groups may have conflicting or divergent views, and vested interests Confidentiality can be important for the proponent, and may militate against early involvement and consideration of alternatives Confidentiality can be important for the proponent, and may militate against early involvement and consideration of alternatives

23. EIApublic4(Gajaseni, 2007)23 Weakness of public involvement: Stakeholders represent the minimum to be involved in EIA. Stakeholders represent the minimum to be involved in EIA. Usually, only some groups of stakeholders (experts) may be involved to this EIA process. Usually, only some groups of stakeholders (experts) may be involved to this EIA process.

24. EIApublic4(Gajaseni, 2007)24 Principles for successful application of public involvement techniques F provide the right information F allow sufficient time to review and respond F provide appropriate opportunities/means for stakeholder involvement F respond issues and concerns raised F feed back the results of public input F choose venues and times of events to suit stakeholders

25. EIApublic4(Gajaseni, 2007)25 Principles of minimising conflict: involving all stakeholders likely to be affected involving all stakeholders likely to be affected communicating the objectives of the proposal, and how it is planned to achieve them communicating the objectives of the proposal, and how it is planned to achieve them actively listening to the concerns of affected people, and the interests which lie behind those concerns actively listening to the concerns of affected people, and the interests which lie behind those concerns

26. EIApublic4(Gajaseni, 2007)26 treating people honestly and fairly, establishing trust through a consistency of behaviour treating people honestly and fairly, establishing trust through a consistency of behaviour being empathetic, putting yourself in the shoes of other party, and looking at the area of dispute from their perspective being empathetic, putting yourself in the shoes of other party, and looking at the area of dispute from their perspective being flexible in the way alternatives are considered, and amending the proposal wherever possible to better suit the interests of other parties being flexible in the way alternatives are considered, and amending the proposal wherever possible to better suit the interests of other parties

27. EIApublic4(Gajaseni, 2007)27 where other’s interests cannot be accommodated, mitigating impacts to the greatest extent possible, and looking for ways to compensate for detriment where other’s interests cannot be accommodated, mitigating impacts to the greatest extent possible, and looking for ways to compensate for detriment establishing and maintaining open two-way channels of communication throughout the planning phase, and beyond into implementation establishing and maintaining open two-way channels of communication throughout the planning phase, and beyond into implementation acknowledging the concerns and suggestions of others, and providing feed-back on the way these matters have been followed up and evaluated acknowledging the concerns and suggestions of others, and providing feed-back on the way these matters have been followed up and evaluated

28. EIApublic4(Gajaseni, 2007)28 Common reasons given for avoiding public involvement: It is too early It is too early It will take too long and will cost too much It will take too long and will cost too much It will stir up opposition It will stir up opposition We will only hear from the articulate We will only hear from the articulate We will raise expectations We will raise expectations People will not understand People will not understand ????????????????? ?????????????????

29. EIApublic4(Gajaseni, 2007)29 What should it be? Change from Change from “Consultation” “ Participation” Consultation = no formal influence on decision Consultation = no formal influence on decision Participation = shared control and power for acceptable agreement Participation = shared control and power for acceptable agreement

30. EIApublic4(Gajaseni, 2007)30 3 ways to identify public participation specialist: Self identification 1. Self identification Individual or groups make their interests known Staff identification 2. Staff identification Agencies identify potentially interested parties Third-party identification 3. Third-party identification Individual or groups may approach agencies to suggest other groups to be involved

31. EIApublic4(Gajaseni, 2007)31 Techniques of public involvement based on meetings: Public hearing Public hearing Public meeting (planary session & small group discussion, town meeting, etc) Public meeting (planary session & small group discussion, town meeting, etc) Advisory panels (citizen’s committees) Advisory panels (citizen’s committees) Public workshops Public workshops Interviews Interviews Questionnaires Questionnaires Participatory appraisal techniques Participatory appraisal techniques

32. EIApublic4(Gajaseni, 2007)32 Public hearing

33. EIApublic4(Gajaseni, 2007)33 Techniques of public involvement not based on meetings: Providing information to public mail, field trips, mass media coverage, public notices, www. Obtaining information from the public public opinion polls, questionnaires, written comment from public Establishing two-way communications interviews, telephone hotlines, chat rooms on internet

34. EIApublic4(Gajaseni, 2007)34 Environmental Mediation Originated in Washington State in 1974 Originated in Washington State in 1974 Aims to resolve environmental disputes, usually involve environmental resources Aims to resolve environmental disputes, usually involve environmental resources The process involves and (mediator) to deal with The process involves disputants and neutral third party (mediator) to deal with Bargaining Bargaining Information sharing Information sharing Consensus building Consensus building Compromising in original position Compromising in original position

35. EIApublic4(Gajaseni, 2007)35 Principles of Negotiation: 1. Separate the people from the problem 2. Focus on interests, not positions 3. Invent options for mutual gain 4. Use objective criteria for evaluating the agreement

36. EIApublic4(Gajaseni, 2007)36 3 phase of environmental mediation: 1. Pre-negotiation 1. Pre-negotiation select mediators select mediators identify disputing parties identify disputing parties determine representatives of stakeholders determine representatives of stakeholders perform stakeholder analysis perform stakeholder analysis develop ground rules and agenda develop ground rules and agenda

37. EIApublic4(Gajaseni, 2007)37 2. Negotiation 2. Negotiation engage in joint fact-finding engage in joint fact-finding invent options for mutual gains invent options for mutual gains develop package of agreements develop package of agreements ratify agreements ratify agreements

38. EIApublic4(Gajaseni, 2007)38 3. Post-negotiation 3. Post-negotiation implement and monitor agreed- upon plan implement and monitor agreed- upon plan renegotiate if necessary renegotiate if necessary

39. EIApublic4(Gajaseni, 2007)39 “ No single correct approach to public involvement, the choice will depend on the circumstance of each EIA”

40. EIApublic4(Gajaseni, 2007)40 Public participation in Thailand: By Environmental Law 1992 By Environmental Law 1992 Provide ‘Public hearing’ to people Provide ‘Public hearing’ to people Failure of public hearing Failure of public hearing High influence of disadvantage groups High influence of disadvantage groups Incomplete of information which protected by law as secret information??? Incomplete of information which protected by law as secret information???

41. EIApublic4(Gajaseni, 2007) 41 With increasing economic difficulties, the participation of public became less.

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