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Annex 5: Summary of ECAs findings re: state of EIA effectiveness with particular emphasis on review, follow-through, financing
Review of the Application of EIA in
Selected African Countries
A Summary
Objectives
• Recent documentation-Instutionalization and Application
• Challenges, good practices, success stories & lessons learned
• Promote knowledge networking• Intensify advocacy• Enhance application effectiveness• Policy tool for promoting sustainable
development
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Findings
Regional and sub-regional
• AMCEN- Durban, 1995• CLEAA and Sub-regional nodes
– SAIEA– EAAIA– IOAEIA– WAAEA
• CITET
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National Level
Main findings
• Institutional and regulatory frameworks established in many countries
• No of EIA applications increasing• Increased inter-agency collaboration• Administration/regulation-centralized• Networks increasingly being formed• Quality, Review systems and follow through
constrained by inadequate capacity- human and financial resources
• Public participation increasing, but inadequate• Influence on decisions, particularly projects of
strategic importance not significant• Some countries integrating EIA systems within
EMS• Some countries conducting SEAs
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Institutional and regulatory frameworks
Status Enabling legislation
Specific legislation/regulation
Guidelines Formal provision for public participation
Main administrative body
In draft 3 (13%) 3 (13%) 5 (22%) 5 (22%) Already establ ished 18 (78%) 15 (65%) 14 (61%) 10 (43%) 23 (100%) Not established 2 (9%) 4 (18%) 3 (13%) 5 (22%) No information - 1 (4%) 1 (4%) 3 (13%) Total 23 23 23 23 23
Review systems
• Clear guidelines and procedures required• Review models
– Technical staff– Inter-governmental committee– Multi-stakeholder committee– External reviewers
• Complexity of the study and expertise– Advantages &disadvantages (single agency
versus broad based)
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Review systems-Cameroon
• Capacity constraints• Inter-Ministerial Committee• Individual competence- not a criterion• Technical Agency weakly involved• Occasionally, Technical expertise in
highly technical areas
Review systems-Tunisia
• ANPE responsible for the review• First-Compare EIS with TORs• Second- Examination of Quality
– Detail and reliability of data and information– Relevance and integrity of studies– Relevance and validity of results and analysis
• Third- Compare with national and global– Technical and scientific examination– In consultation with technical experts
• Small-scale projects-– Terms and conditions of operation
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Review systems- Ghana
• EIA Technical Review Committee• Review Committee- small & medium scale
– EPA Departments and Regional Offices• Review Committee- mining projects
– Mines, Minerals and Water Resources• Reduce load on TRC, quick decision
making and specialized expertise• Co-opt relevant experts as necessary• International EIA institutions• Regional EIA TRCs- decentralized levels
Follow through
• Conditions of Permit adhered to• Monitoring, auditing and evaluation• Expected benefits achieved• Lessons learned for improvement• Avoid paper base exercises• Legislation, procedures
– Implementation of EMP – Monitoring compliance
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Follow through…
• Neglected and grossly ineffective• EIA reports “lost”- Uganda• Monitoring not systematic- Tunisia
– Isolated checks– Acceptable implementation not guaranteed
• EIA- merely a formality- Cameroon– Total non-involvement of EIA institution– Chad-Cameroon pipeline exception
Follow through…
• Capacity constraints –human, technical and financial
• South Africa- not legislated and no systematic processes
• Uganda- mitigation plan not appropriately presented
• Shell Nigeria- poor handing over– EIA provisions not highlighted– Size of report a put-off– Generic EMPs– Lack of prior knowledge of cost implications
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Relative costs
• Cameroon– Left to the developer
• Uganda– Variable- experience of consultants and
negotiating skills– Costs dropped- increase in EIA practitioners
• Ghana– No study done so far
• South Africa– Known costs- between <1% to 4%
• Namibia– 0.08% (water supply) to 5.2% (mining)
Financing
• Level of financing impacts on quality• Project proponent• Donor supported project- project funds• Processing fees- administrative charges• Ghana
– EA fees regulations– Scale of activity and sector
• Uganda– Schedule of EIA fees in regulations
• Cameroon– Fixed amount– No bearing on complexity or expertise required
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Conclusions
• Many actions undertaken• Support from development partners,
regional and sub-regional EIA networks• Process gradually becoming more
inclusive• Institutionalization still slow• Challenges in terms of application
effectiveness- particularly capacity • Political will and support
Conclusions…
• Valuable experience gained• Reasonable degree of success• Good practices and lessons learned
documented• Dissemination important• Knowledge networking• Enhance application effectiveness
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Recommendations
Recommendations…
• Develop/strengthen institutional and regulatory frameworks– Important prerequisites
• EA institutionalization within a sustainable development policy framework – Policy tool that promotes SD
• Consistency in the institutionalization of EA at the regional level– CLEAA and EA structures- North Africa; – Intensify efforts in Central Africa
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Recommendations…
• Sustainability of CLEAA and nodes– Mainly from development partners– Role of AUC, RECs, UNEP-ROA, ECA based on
their comparative advantages• EA capacity enhancement
– Capacity building programmes- clearly identified needs- experiences and lessons learned
– CLEAA capacity building programme- holistic framework- adapted to specific country needs-intervention of partners
Recommendations…
• EA capacity enhancement– Skills available in the region– Cost effectiveness- bilateral cooperation– Need for viable financing mechanisms– EA administrators and practitioners– Assistance should be country specific– Priority- non-existent or rudimentary systems– Improve those with relatively well-established
systems
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Recommendations…
• Networking– Establishment of a learning group and
knowledge networking forum– Take advantage of electronic forums- cost
effective– Establish national associations for EA– Affiliation with sub-regional, regional and
international EA bodies
Recommendations…
• Quality– Regulation of practitioners and Quality– Set minimum standards and criteria for
operation– Financial institutions sensitized to insist on
quality• Rationalization of review systems
– Need for review systems to take into account the size, location and polluting potential of projects
– Ghana and Tunisia
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Recommendations…
• Public participation– Develop strategies for PP at early stage– Lessons learned and specific country context– PP procedural handbook developed by SAIEA– Collaborate with other CLEAA nodes and RECs– Informed public, appreciation
• Influence decisions• Enforcement
Recommendations…
• Cost and time– Influence appreciation and acceptance of the
process – Cost should not be prohibitive– Enough time should be allocated to the study– Tradeoffs important- good study vis-à-vis time
considerations• Need for credible and trusted systems
– Development context- not seen as development retarding
– Widely acceptable– Continuous sensitization, advocacy- showcase
success stories, win/win, tertiary education curricula
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Recommendations…
• Need for credible and trusted systems– Analytical instruments- modeling, natural resource
valuation techniques to support findings– Greater appreciation- demand driven– Financially self-sustaining system
• EIA system should embody follow-through– No follow through, system deficient – Legal requirements and appropriate procedures
put in place– EMP should be presented in an implementable
manner
Recommendations…
• EIA systems - integral part of EMS– Linkages and integration into other
environment safeguard systems– Holistic and integrated approach to
environmental protection• In addition to processing and permit fees• Pollution control system, chemicals management
and control, parks management, coastal and inland water shores management, others- spatial data analysis (enforcement of environmental legislation)
• Contribution from sector agencies• civil servants, environmentally unfriendly goods• Environment fund
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Recommendations…
• SEA important and should be adopted– Integrating environmental and social concerns
upstream– Integration into an environment assessment
framework- sustainable development framework
– SEA should be seen to provide benefits– Accelerate adoption and make it demand driven