Transcript Public Participation in Environmental Decision Making in India

Environmental Decision Making
in India
Environment Support Group
Bangalore
India
Environmental Decision Making In India
Although Public participation is
a fundamental and important
aspect of many administrative
and legislative decision making
of environmental governance in
democratic countries, yet the
very terms ‘Public’ and
‘Participation’ are continuously
being redefined in increasingly
constricting ways.
Environmental Decision Making In India
The potential benefits of Public participation are
multifold as it can bring important information,
innovative approaches and solutions and enhance
public perception of plans and helps make
projects viable.
But Public needs and grievances are not of concern
to the state or project proponents. Accepting
genuine public participation in design and
implementation of projects is normally perceived as
a nuisance by decision-makers and investors.
Adverse project impacts such as displacement,
enviornmental destruction and consequent
depression in quality of life amongst the affected fail
to cause any distress to the expert decision makers
Environmental Decision Making In India
Public Participation at Statutory Public Hearings A Nightmare
• Merely a public relations exercise with no commitment to
comprehending concerns of affected communities.
• PR Skills and strategies applied with different degrees of
sophistication to mystify issues and distract attention from
real concerns.
• Panel generally biased - in future no involvement of local
government representatives or eminent citizenry
• Hearing are procedural and tend to justify decisions
already made
• Not all voices are heard
• Level of Public engagement varies based on degree of
comfort allowed with the presence of police and goons
hired serving role of intimidation.
• Limited possibility of conflict resolution
• No feedback provided to Public with rationale for decisions
– results in polarising debate
Environmental Decision Making In India
Information for participation –
A closely guarded secret
• Public inadequately informed (EIA’s mostly
fraudulent, plagiarized, not comprehensive and
of poor quality)
• Not available in time
• Not available widely
• Available mainly on websites
• Often times deliberate choice of Hearing
location to make participation inconvenient to
affected communities
• Announcement restricted to newspaper ads and
no innovative approaches of community
communication adopted.
• Information presented in highly sophisticated
and expert driven language, with little
appreciation of communicating to a diverse and
often illiterate population.
Environmental Decision Making In India
•
•
•
•
•
•
Other challenges
Regulatory Agencies unfriendly
to public
Help lines, FAQs, lacking
No assistance after office hours
Public outreach, citizen training
initiatives absent
Public representations often not
acknowledged, and issues
ignored in consideration of final
decisions
Audio/video aids, training
programs, completely lacking
Environmental Decision Making In India
• No accountability- PCBs,
State or Ministry
• Laws not suitably amended
to appreciate public needs
• No Evaluation Process
either at the State or
central levels
Environmental Decision Making In India
Quality of Information …
• Dandeli Mini Hydel Dam EIA –EIA
Ernst & Young plagiarized EIA of
another dam (Tattihalla dam) . Got
caught but no criminal action taken.
Susequently TERI prepared another
EIA which was found to be
fraudulent. Yet no action initiated.
• Consultants generally get away with
supplying rubbish: In the BMIC
EIA Socio-Economic impact survey
data included only the name of
Head of affected family and his
address. Today this has resulted in
widespread conflict and mass
litigation.
Environmental Decision Making In India
Stories from experience…….
Bangalore’s Master plan 2015 finalized
despite protests against poorly
presented information
• Public participation limited to
commenting on colorful maps,
displayed only in one location, and
with minimal participation of
Panchayats, Town Councils and
communities across a large
metropolis.
• Maps difficult to comprehend without
any effort to process information for
ease of understanding by the public.
• French consortium which prepared the
plans unaware of local considerations.
Environmental Decision Making In India
Bangalore Namma Metro (our metro) but
for who?
The residents and traders have been
demanding Bangalore Metro Rail
Corporation Ltd. (BMRCL) should hold
public hearings to know the socio economic
and environmental impacts of the project.
Alignment fixed by Judicial Commission
following conflict – but without widespread
empirical evidence for appropriate
alignments.
Environmental Decision Making In India
• Administrative attitudes to limit public
understanding of project impacts increasing
conflict and misunderstanding. The
widespread resistance to projects in
Kalinganagar and Nandigram are only the
most profiled of a whole range of conflicts.
• Projects thrive while people are driven out
of their homes, their livelihoods snatched,
arrested, jailed and even killed for raising
their concerns
Environmental Decision Making In India
• While International
treaties move progressively
to enable Public
Participation our
domestic laws are being
diluted to limit and restrict
public participation
• The European Aarhus
Declaration mandates
involvement of the public
from the initial stage of
projects and extended
involvement beyond the
completion of projects.
Environmental Decision Making In India
• The Boston Metro story – An
interesting lesson from a bold
decision in 1972 not to follow the
American model of continued
expansion of metropolitan
expressways.
• Instead a major investment in rail
transit was made. Boston’s
Southwest Corridor Project
illustrates how a process of
community participation in the
design of a new below-grade
railroad and rapid transit line,
along with a linear park and new
public facilities, has strengthened
neighborhoods and is part of a
renewed focus on cycling, walking,
public transportation and healthy
communities.
•
Environmental Decision Making In India
New Zealand – The Resource
Management Act 2001 is
based on the Maori
Philosophy
It states two key principles
1.Decisions on environmental
matters are most
appropriately made by the
communities most affected by
those decisions
2. community participation is
vital to effective resource
management
Environmental Decision Making In India
Sri Lanka- Scoping process has
recently included formal and
informal meetings with people
who may be affected by the
project directly or indirectly or
who may have special knowledge
of the project area and its
environment
South Africa- ten years after the
abolishment of Apartheid and
more than five years after the
adoption of a new Environment
policy, lessons learnt from public
involvement were incorporated in
the Environmental law reform
Process and today SA has a very
progressive law building capacity
for Public Participation
Environmental Decision Making In India
•
•
•
•
Non Statutory Public
participation
Relatively open
Public intervention and
lobbying effective
Mechanisms and Procedures
controlled by public .
Public creativity through
actions, protests and rallies
draw widespread attention,
widens interest and debate,
attracts media attention
that decision makers cannot
ignore
Environmental Decision Making In India
• Widespread public protests
, rallies, street plays, human
chains, watchdogs perched
on trees, marked citizens
efforts to protect trees in
Bangalore. Resulted in
High Court orders that
mandates public
involvement in decisions to
cut trees in Bangalore .
Environmental Decision Making In India
• The Handi Gondi Rocks of Ramnagar:
• Sanghamitra Buddha Foundation proposed plans to
carve a Buddha statue to compensate the loss of Bamian
Buddha detroyed in Afghanistan. This on an impressive
rock face formed during the lower proterozoic era
threby destroying the 2600-2000 million years of
natural history. The project also aimed at a film city,
resorts and amusement park.
• Public protests, repeated meetings with PCCF,
Karnataka Forest Department, widespread campaign
resulted in the Forest Department withdrawing the
clearance s and declaring the area as a Santcuary for
sloth bears.
Environmental Decision Making In India
Reengineering of the
Environmental Clearance process:
2004-2005- Draft National
Environmental Policy and
Amendment to the EIA notification
2004-2006-Civil Society Groups
Lobby with Members of
Parliament, chief Ministers of
State, Leaders of opposition, Law
Ministry, Prime Minister's Office
2005- 200 groups from across the
country came together and held a
two day campaign MOEF SUNO &
MOEF CHALO.
A jury listened to people’s voices
Environmental Decision Making In India
MOEF CHALO: People
stormed into the Ministry
despite all security and
declared the MOEF Dead
2006:Policy issued despite
protests.
Notification finalised only
in consultation with
industries and
disregarding protests from
Parliamentarians and
environmental groups
Environmental
Decision
Making In
India
Environmental Decision Making In India
The way forward………….
With a Legal framework that has
Failed to guarantee the right of
public participation in
Environmental decision making
• Initiate an Environmental law
reform process to enhance public
participation in decision making
• Involve District Planning
Committees (per Article 243ZD),
and thereby Panchayats and
Municipalities in accordance with
Constitutional 73rd and 74th
amendments
Environmental Decision Making In India
Increased Access to Information
• Advertisements
• Press releases
• News Paper Inserts
• Public Displays on hoardings,
etc
• Field Visits
• Videos made with Local
community involvement
• Public debates and discussions
• Media support in building
public opinion
Environmental Decision Making In India
• Providing support to public on Legislation and its
implementation
• Bringing necessary changes in practice with public
opinion
• Increased resources for skill training in public and
staff
• Redistribution of power in decision making
• Directives and lessons from Aarhus, Indigenous
practices and the spirit of Principle 10 of Rio
Declaration should be integrated
• Greater public awareness of their rights ,greater
willingness of ministries, bureaucrats, regulators,
Industry to reach out proactively and work together
with their communities, and local governments
Environment Support Group
105,East end B Main
Jayanagar 9th Block Bangalore
-560069
Tel: 22441977/26531339
Email:[email protected]
Website:www.esgindia.org