STAKEHOLDER INVOLVEMENT AND PUBLIC COMMUNICATION DURING ENVIRONMENTAL IMPACT ASSESSMENT (EIA) PROCESS IN NIGERIA

Transcription

1 STAKEHOLDER INVOLVEMENT AND PUBLIC COMMUNICATION DURING ENVIRONMENTAL IMPACT ASSESSMENT (EIA) PROCESS IN NIGERIA 1

2 BACKGROUND: NIGERIA Nigeria is a country located on the West of the African Continent, made up of 36 states and the federal capital territory with a Population of million ( NBS, December 2014). It Lies approximately between 4 o N and 14 o N, and between 3 o E and 15 o E and with a land cover of 923,768sq km. The country has a tropical climate with sharp regional variability; largely tropical in nature with arable land of 68 million hectares, fresh water covering 12 million hectares, and about 960 kilometers of coastline. 2

3 OVERVIEW OF THE ORGANISATION In line with section 20 of the constitution of the Federal Republic of Nigeria which states that the State shall protect and improve the Environment and Safeguard the Water, air, land forests and Wildlife the Federal Ministry of Environment was established as the apex national body with the mandate for sustainable management of natural resources and Environmental Protection. The Federal Ministry of Environment has Six Technical Departments. One of which is the Department of Environmental Assessment that is Implementing the provisions of the EIA Act. 3

4 ENVIRONMENTAL IMPACT ASSESSMENT (EIA) PROCESS IN NIGERIA EIA Defined: EIA is an activity defined to Identify Predict Interpret Communicate Information about the impact of an action on human health and wellbeing, including the well-being of ecosystems upon which human survival depends. EIA involves some of the following steps: Registration & EIA Initiation. Project proposal / ToR Review Screening, scoping and Categorization. EIA Study Disclosure/ Stakeholders, Public & Experts Review Decision making EIA approval/ Disapproval. EIA Certification. Follow up Programs 4

5 FEDERAL MINISTRY OF ENVIRONMENT ENVIRONMENTAL IMPACT ASSESSMENT PROCESS FLOW CHART Submission of application letter /Project Proposal and the TOR for EIA Study by the Proponent to FMEnv Registration Initial Environmental Evaluation which includes Site Verification by FMEnv Screening stage Review/confirmation of the Scope of TOR submitted by FMEnv Scoping stage Approval of TOR by FMEnv Preparation of the Project s EIA draft report By FMEnv registered Consultant. Submission of Draft EIA Report Review of Draft EIA Report by FMEnv Either Approval or Disapproval will be issued Impact Mitigation Monitoring by FMEnv, State Env, & LGAs. Include: - In house review - Public review (21 days display) - Panel Review. Project Implementation commences IF Approves and draft EIA is revised Compliance with Mitigation Measures are ensured. Proponent submits the Final EIA Report to FMEnv Approval of EIA Report by FMEnv FMEnv issues the EIS and the Certificate. Environmental Audit TOR Terms of Reference EIS Environmental Impact Statements 5

6 WHAT IS PARTICIPATION? Participation is defined as a a process through which stakeholders influence and share control over development initiatives and the decisions and resources which affect them. Participation is necessary because it provides the much needed local knowledge and indigenous know-how which should be integrated into the project design to foster goodwill, success and conflicts free project implementation. Participation could include debates on the following among others : Desirability or otherwise of project Alternative sites Technology options & relative impacts Risks minimisation strategies Indicators for project monitoring e.tc. 6

7 STAKEHOLDER INVOLVEMENT & PUBLIC COMMUNICATION Stakeholders are defined as all those individuals or groups who might, for whatever reason, have an interest in, or might wish to influence, activities of projects, policy, plan and programme. They may also be referred to as interested parties The most frequently employed categories of stakeholder are primary and secondary. Stakeholders include: Government Agencies, International & National NGOs, Community-Based Organisations, Trade Associations and Peer Companies, Universities and Research Institution, Local Communities and Traditional Authorities, Donor Agencies and Financial Institutions and Media etc. Three levels of Stakeholder involvement are information dissemination (Level 1), Consultation (Level 2) and Participation (Level 3). The ultimate beneficiary of the EIA process and Sustainable Environmental Management is man himself i.e. the general Public. The idea of the Public being the focus of the EIA process is firmly grounded in the globally accepted principle of Participation. It requires that decisions should be inclusive as much as possible and be made by the affected Parties or on their behalf by the authorities closest to them after due consultation. 7

8 PROVISIONS FOR STAKEHOLDERS CONSULTATION IN THE EIA PROCESS There are provisions for Public participation / Stakeholders consultation in the EIA Act and the National Policy on the Environment. The Importance of Public participation is enshrined in Sections 7 and 12 of the EIA Act No 86 of 1992 which states as follows: Before the Ministry gives a decision on an activity to which an Environmental Assessment has been produced, the Ministry shall give opportunities to government agencies, members of the public, experts in any relevant discipline and interested groups to make comments on Environmental Impact Assessment of the activity 8

9 PROVISIONS (Continued) The EIA Act further provides that: The Ministry shall not give a decision as to whether a proposed activity should be authorized or undertaken until appropriate period has elapsed to consider comments pursuant to sections 7 and 12 of this Act. The Ministry s decisions on any proposed activity subject to environmental impact assessment shall: i. be in writing; ii. state the reason therefore; iii. include the provisions, if any, to prevent, reduce or instigate damage to the environment; 9

10 PROVISIONS OF EIA ACT.. The report / recommendation of the Ministry shall be made available to interested person or group If no interested person or group requested for the report, it shall be the duty of the Ministry to publish its decision in a manner by which members of the public or persons interested in the activity shall be notified. The Ministry may determine an appropriate method in which the decision of the Ministry shall be published so as to reach interested persons or groups, in particular the originators or persons interested in the activity subject of the decision. 10

11 MODE OF PUBLIC PARTICIPATION AND COMMUNICATION Public participation can be effected in several ways: Community Contact Stakeholder Consultations/ Fora Public Displays Panel /Technical / Public Review/Meetings. Mediation Field trips and site visits Material for mass media Response to public inquiries Operating field offices 11

12 Reasons To Consult The Public To get the public informed and involved. To ensure public or different viewpoint of the proposed project are discussed / resolved amicably. The concerns/ risks aroused by the project identified and mitigated to a large extent. Potential areas of conflict are pinpointed and resolved. Goodwill, trust and mutual respect are fostered. The comfort level of decision makers is raised. The sustainability of projects are assured. 12

13 REGULATORY PROVISIONS Guidelines on EIA includes sectoral Guidelines on Oil & Gas, Manufacturing, Nuclear Power Plants among others About 3,000 EIA of development projects have been registered across sector of the economy but no single nuclear power plants. 13

14 EXPERIENCES WITH STAKEHOLDERS Nuclear activities are emerging issues in Nigeria. One of the major stakeholders in the Environmental Impact Assessment of Nuclear Power Plant Project in Nigeria is the Nuclear Regulatory body Nigerian Nuclear Regulatory Authority (NNRA) was established in 2001 with Nuclear Safe and Radiation Protection Act 19 of 1995 (The Act) and charged with the responsibility for Nuclear Safety and Radiological Protection Regulation in Nigeria. The Act also mandates the NNRA with the fundamental safety objective of protection of life, health, property and the environment from harmful effects o ionizing. Since the Federal Government of Nigeria declared its intension to generate electricity through nuclear technology in 2005, several regulatory framework for both non-radiological environmental impact assessment in the country has been developed by the NNRA in line with the above mandate and Section 7 of EIA guidelines of FMEnv to address basic requirements nuclear facilities and activities prior to sitting, construction, operation and decommissioning. The Ministry intend to collaborate with major stakeholders in the EIA of Nuclear power plant; the Nigerian Nuclear Regulatory Authority (NNRA), Atomic Energy Agency of Nigeria, United Nation Environment Programme (UNEP), International Association for Impact Assessment (IAIA), International Atomic Energy Agency (IAEA) and Development partners. The awareness level, Participation in EIA & Environmental Management activities are high. Sometimes the Public/ stakeholders take laws into their hands. Socio- economic issues are over emphasised at the expense of technical feasibility/ sustainability 14

15 Key Requirements of Good Partnership Public means enormous array of individuals and groups Mutual trust and respect among all partners. The diversity of good understanding of common values, goals and objectives. Individual and collective responsible behaviour. Mutual recognition and acceptable of others rights, interests and aspirations. Development and implementation of mutually agreed rules and procedures for conducting public consultations. 15

16 TYPES & TIMING OF PUBLIC INVOLVEMENT Stages of Project Development: Preliminary assessment of project concept Formulation of alternatives Evaluation of impacts and alternatives Project implementation 16

17 EXPERIENCES ON THE STAKEHOLDERS INVOLVEMENT & PUBLIC COMMUNICATION FOR EIAS Purechem Mini Cement Plant and Limestone Mining by Purechem Industries Ltd. Eko Atlantic Shoreline protection and reclamation of 900 Hectares of land at the Lagos Bar-Beach, Lagos Badagry Port and Free Zone Development by APM Terminals Construction of Petroleum Tank Farm, Apapa, Lagos. Calabar 260Km Super Highway 17

18 CHALLENGES Communities today demand to know not only the details of project planned in their areas but to be actively involved in the decision making process Consultations with the public are often difficult and frustrating as opinion expressed in a public forum may differ and contradict each other. Public discussion of any issue often loses focus and relevance. Some segments of the public may introduce issues and concerns which are not related to the proposal under review or which cannot be dealt with by that particular proponent 18

19 CHALLENGES (Contd.) The public has become more vocal and cases of communities taking the law into their hands by closing down Telecommunication Base Transceiver Stations (BTS), Oil production facilities (Flow station, Loading terminals etc.) has become a common occurrences. Public consultation is seen as an opportunity for personal benefits and about sharing of political ideas 19

20 WAY FORWARD Technical collaboration---capacity building More awareness campaign Information sharing Long term Community benefits should override short term personal benefits/interest. 20

21 THANK YOU ALL FOR YOUR KIND ATTENTION 21