4. Outline Public Participation Guidelines - Baird
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This document provides a draft guideline on public participation in Myanmar's environmental impact assessment (EIA) processes. It outlines the purpose of establishing guidelines to support meaningful public participation. The key sections summarize the legal requirements for EIA in Myanmar, principles of public participation in EIAs, and how the guideline can provide practical guidance for those conducting public participation in EIA processes.
4. Outline Public Participation Guidelines - Baird
- 1. Dra$ Guideline on Public Par1cipa1on in Myanmar’s EIA Processes 17 November 2017 Yangon MYANMAR ENVIRONMENTAL GOVERNANCE PROGRAM
- 2. Agenda • Overview of project and purpose of Guideline • Summary of the principles underpinning the Guideline • Summary of applicaBon to IEEs & EIAs • Summary of monitoring project implementaBon
- 3. Project Context EIA is the main safeguard Consultant training & reviewing EIAs New EIA system Regional Guidelines Civil Society Role
- 4. DraKing process • MulB-‐stakeholder Working Group • DraK Guideline for ConsultaBon – Online comments – ConsultaBon workshops • Final draK submiQed for ECD consideraBon
- 5. Key goal & purpose of EIA processes • Key goal: to support sustainable development and create sustainable socie2es • Purpose: to ensure the poten2al impacts are assessed, with appropriate mi2ga2on developed, before project proposals are approved and implemented
- 6. ECC is before any other permit 76: For Projects that require an IEE or EIA, before any permit is granted or issued by any ministry, or any other competent authority in respect of any applicaBon to proceed with implementaBon of such Projects, an ECC shall first have been duly issued by the Ministry in accordance with this Procedure
- 7. Key benefits of public parBcipaBon • capture local and tradiBonal knowledge that may be useful for decision-‐ making • ensure that important impacts are not missed • ensure benefits are maximised • improve consideraBon of alternaBves, miBgaBon measures and trade-‐ offs • reduce potenBal conflict through the early idenBficaBon of contenBous issues • create a sense of ownership in the proposal • increase public confidence in the EIA process
- 8. EIA Legal Framework Environmental Conserva2on Law 2012 Empowers the Ministry to establish and implement EIA system Environmental Conserva2on Rules 2014 • Broad framework: IEE and EIA • Delegates responsibility to ECD • EIA Report Review Body Environmental Impact Assessment Procedure 2015 • Provides detailed process • Public parBcipaBon requirements • Screening Schedule
- 9. Myanmar’s EIA process SCREENING INITIAL ENVIRONMENTAL EXAMINATION ENVIRONMENTAL IMPACT ASSESSMENT STAND-‐ALONE EMP InvesBgaBons & ReporBng Review & Approval Process InvesBgaBons & ReporBng Review & Approval Process Scoping Environmental Compliance CerBficate (ECC) ECC Reject OTHER PERMITTING PROCESSES ECC Reject
- 10. Legal requirements: EIA ProcedureSTAKEHOLDER ROLES IN MYANMAR’S EIA SYSTEM IEE EIA Not required (Recommended during feasibility) Not required (Recommended during feasibility) Disclose information Local consultation Timely information disclosure - Project website - Local media Local consultation meetings Timely information disclosure - Local and national media Consultation meetings: - national, state, local communities - Government agencies Field visits for ECD and concerned government organizations Publish submitted IEE report Local consultation meetings Publish final IEE report if approved Publish submitted EIA report - Proponent within 15 days of submission - ECD upon receipt National, state/regional, local consultation meeetings Publish final EIA report if approved Screening Investigations & Reporting Review & Decision Scoping
- 11. Policy context: Regional Guidelines
- 12. Policy context: Regional Guidelines • Same structure • Same principles for EIA • Similar principles of public parBcipaBon • Focus on EIA, Myanmar examined EIA/IEE/EMP • Women, children, vulnerable groups, indigenous people • Regional Guidelines used a spectrum for public parBcipaBon • Myanmar focuses on pracBcal applicaBon under the EIA Procedure using the Public ParBcipaBon Plan
- 13. The Guideline as a PracBcal Tool • Primarily for those responsible for undertaking public parBcipaBon – Proponents & Consultants – Government organisaBons • Useful for CSOs and general public – What to expect – What to request from Proponents & Consultants • Providing direcBon, not theory
- 14. Purpose & applicaBon • Minimum requirements & recommended good pracBce • Public parBcipaBon includes: – InformaBon disclosure – ConsultaBon – IncorporaBon of results • Chapters follow the EIA Procedure structure • Can be used as guidance for other processes
- 15. Purpose & applicaBon • Environmental impacts include social & economic impacts (g) Adverse Impact means any adverse environmental, social, socio-‐economic, health, cultural, occupaBonal safety or health, and community health and safety effect... (h) Environmental Impact … include(s) occupaBonal, social, cultural, socio-‐economical, public and community health, and safety issues. Moreover, social impacts include Involuntary ReseQlement and relaBng to Indigenous People.
- 16. Meaningful Public ParBcipaBon Public par2cipa2on means the process of involving those who are directly and indirectly affected by a decision in the decision-‐making process, promoBng sustainable decisions by providing parBcipants with the informaBon they need to be involved in a meaningful way, and communicaBng to parBcipants about how their input affects the decision – in this way, it encompasses both informaBon disclosure and consultaBon processes
- 17. Principles of Meaningful Public Par1cipa1on Chapter 1 • 1.4.2 The key principles for meaningful public parBcipaBon – Integrity: – Inclusiveness: – Informed: – Responsive and reciprocal: – Respect:
- 18. Elements of Meaningful Public Par1cipa1on Chapter 1 • 1.4.3 Proper Planning • 1.4.4 IdenBfying PAP and other stakeholders • 1.4.5 InformaBon requirements – Table 1: Minimum informaBon generally expected for disclosure at each stage of the EIA process • 1.4.6 Language • 1.5 Budget
- 19. Public Par1cipa1on Plan Chapter 2 • The Public ParBcipaBon Plan is the document that outlines the steps to be taken and the meeBngs to be held during the EIA/IEE Process. • It is a public document that PAP and other Stakeholders can use to ensure that the public parBcipaBon is meaningful. • There should be a person in charge of the Plan • Special Procedures for women, vulnerable groups and indigenous people.
- 20. Public Par1cipa1on Plan Chapter 2 • A Public ParBcipaBon Plan is a necessary element of an EIA Terms of Reference – Therefore it is obligatory • There is no discrete IEE scoping step, so the Public ParBcipaBon Plan will not be formally reviewed by ECD – But the Public ParBcipaBon Plan is strongly encouraged
- 21. Public Par1cipa1on Plan Chapter 2 • This is a key element to ensure meaningful public parBcipaBon throughout the whole of the EIA Process • Elements: – IdenBficaBon of Project Affected People and other Stakeholders – IdenBficaBon of issues – Contents of the PPP – Resourcing the PPP – ImplemenBng the PPP – Special procedures
- 22. Informa1on Requirements Chapter 2 • The informaBon is to be publically available • The EIA Procedure lists some types of informaBon that must be provided • InformaBon is disclosed during the preparaBon of the EMP, IEE and EIA. • When the final report is ready, it should be presented to the PAP and Stakeholders and then submiQed.
- 23. Informa1on Requirements Chapter 2 • Throughout the Guideline there are references to specific informaBon to be disclosed at each step of the process. • This includes all informaBon that the PAP and Stakeholders need to understand the potenBal impacts and the proposed miBgaBon measures. • Including the Environmental Management Plan and all relevant maps, diagrams and other data.
- 24. IEE Report Prepara1on Stage Chapter 3 • Scoping: No scoping step required; public parBcipaBon begins at IEE Report preparaBon stage • Public Par0cipa0on Plan: Although not required, this is strongly encouraged • Most effecBve if developed in consultaBon with PAP and other local stakeholders • Plan should be released at commencement of IEE process to inform PAP and manage expectaBons
- 25. IEE Report Prepara1on Stage Chapter 3 • No0ce of Commencement of IEE (Art. 3.2) must include informaBon about PP process – informaBon disclosure, number and locaBon of meeBngs, etc. • Number of Mee0ngs during IEE Report (Art. 3.4.1) • At least 2 + Final IEE Report PresentaBon (3.4.4) • Fewer meeBngs may be approved by ECD on case by case basis • Proponent will be required to provide jusBficaBon for fewer PP meeBngs
- 26. Figure 1: Applica1on of Guideline to IEE inves1ga1on
- 27. IEE Report Review Stage Chapter 3 • Results of Public Par0cipa0on Process (Art. 3.5) • Number of Mee0ngs during IEE Report Review (Art. 3.6) • at least 1 meeBng in close proximity to Project Site; ECD may require more if necessary • WriJen Comments on IEE Report (Art. 3.6.4) • Response to Comments (Art. 3.6.6): ECD to consider comments received during Report Review and explain ECD’s Report recommendaBon
- 28. Figure 2: Applica1on of Guideline to IEE Report review
- 29. EIA Scoping Stage Chapter 4 • No0ce of Scoping Stage (Art. 4.2.2): must include informaBon disclosure, number and locaBon of meeBngs, etc. • Mee0ngs (Art. 4.2.4): at least 2 PP meeBngs • Public Par0cipa0on Plan (4.2.1(c)): Proponent must develop Plan during the Scoping Stage • Results of Scoping Public Par0cipa0on (Art. 4.2.6 (c) and (d))
- 30. Figure 3: Applica1on of Guideline to EIA scoping
- 31. EIA Report Stage Chapter 4 • Significant 2me and effort required – poten2ally 6 months to two years • No0ce of Commencement (Art. 4.3.2) must include informaBon about PP process – informaBon disclosure, number and locaBon of meeBngs, etc. • Number of Mee0ngs during EIA Report (Art. 4.3.4.1) • Determined by Public Par2cipa2on Plan in consultaBon with PAP and ECD • At least 2 + EIA Report Final PresentaBon, but may require more depending on project • InformaBon about meeBngs to be included in Public Par2cipa2on Plan
- 32. Figure 4: Applica1on of Guideline to EIA prepara1on
- 33. EIA Report Review Stage Chapter 4 • Results of Public Par0cipa0on Process (Art. 4.3.5) • Number of Mee0ngs during EIA Report Review (Art. 4.4.5) to be determined by ECD depending on the nature of the project • Should be organized at different levels -‐ naBonal, regional, state, Nay Pyi Daw • WriJen Comments on EIA Report (Art. 4.4.4) • Response to Comments (Art. 4.4.6): ECD to consider comments received during Report Review and explain ECD’s Report recommendaBon
- 34. Figure 5: Applica1on of Guideline to EIA Report review
- 35. Common to IEE and EIA Processes • Site Visits • Encouraged for IEE (Art. 3.4.3) • Required for EIA (Art. 4.3.4.3) • Emphasis on earlier the beJer • Emphasis on equitable gender representa0on • Special Procedures for women, vulnerable groups and indigenous people. • Minimum 0meframes for stages in the process • For example, noBces of commencement issued at least 14 days before PP meeBngs
- 36. Public Par1cipa1on for Stand-‐Alone EMPs Chapter 5 • Generally for projects with less environmental impacts • DraK EMP should be presented to PAP and other stakeholders for review • Final EMP should take into account public comments • Final EMP presented to PAP prior to submission to ECD • Final EMP report should describe ongoing public parBcipaBon processes
- 37. Public Par1cipa1on for Project Implementa1on, Monitoring, and Compliance Chapter 6 • The EMP must include public parBcipaBon processes for monitoring, including mechanisms to address non-‐compliance with EMP • Ongoing InformaBon Disclosure Requirements • For large projects, dedicated informaBon center should be established • Project Monitoring Reports – must be made available to the public no later than 10 days aKer submission to ECD • Both electronic and hard copy
- 38. Public Par1cipa1on for Project Implementa1on, Monitoring, and Compliance Chapter 6 Throughout project implementaBon, PAP and other stakeholders should have access to wide-‐ranging informaBon including: • regular monitoring and acBvity reports: • project expenditures on miBgaBon and management measures, monitoring systems and project commitments; • compliance with project condiBons and commitments; • informaBon about any breaches of compliance and remedial measures; • updated EMPs and project approval condiBons; • actual emissions compared to standards; • levels of any toxic waste, pollutant releases or transportaBon of hazardous waste; • acBon steps and responses to any community concerns.
- 39. Public Par1cipa1on for Project Implementa1on, Monitoring, and Compliance Chapter 7 • Community ConsultaBon CommiQee • Establishment of a commiQee is encouraged to maintain open communicaBon with community • May include a dispute resoluBon mechanism • Complaints and Grievances Mechanism • Encouraged to provide formal, known avenue • Managed by Project Proponent with involvement of local authoriBes