Public Participation Approaches

and Strategies in the EIA

Process

Philippines

Presented by Engr. Pura Vita G. Pedrosa, Environmental Management

Bureau

Forum on Strengthening Public

on Environmental Management in Indonesia
10-12 July 2012
Legal and Historical Background

Separate Environmental Management

Laws on:
• Environmental Impact Assessment (1978)
• Toxic Chemicals & Hazardous Waste
Management (1990)
• Air Quality Management (1999)
• Solid Waste Management (2000)
• Water Quality Management (2004)
Legal and Historical Background

Philippine Environmental Policy (1977)

Required Environmental Impact Statement
for undertakings with significant
environmental impacts

EIA Law (1978)

F Establishment of the Philippine
Environmental Impact Statement System
Public Participation in EIA

No explicit provision on Public Participation

in the EIA Law

Philippine Constitution (1987)

Mandate a course of economic
development that does not compromise the
welfare of the people and the environment
Public Participation in EIA
Giving the citizens the opportunity to
influence major decisions that affect them
Goal in EIA : enable citizens to take
responsibility for environmental protection
and management through active
involvement in decision making
Public Participation in EIA
Formulation of Policies and Implementing
Rules and Regulations

EIA Process (required to be undertaken for

projects with significant environmental impact to
secure Environmental Compliance Certificate
(ECC) prior to project implementation)
 PROJECT SCREENING

EIA Process
EIA Required No EIA

EIA STUDY SCOPING

P
U
B
EIA Study / Report preparation L
LEGEND:
I
Proponent Change C
Driven Project
plan / P
A
Environmenta Relocate REVIEW & EVALUATION of EIA R
l Agency
Project T
I
Proponent C
Options I
DENY ISSUE ECC w/ recommendations to other P
Not Part of
ECC entities w/ mandate on the project A
EIA Process T
I
Secure permits / clearances from other Government O
Public
Involvement Agencies/Local Government Units (LGU) N

Expansion / Project
modifications Implementation

ENVIRONMENTAL IMPACT
MONITORING & EVALUATION / AUDIT
Forms of Public Participation in EIA

Public Consultation

Public Hearing

Focus group discussions

Public Participation in EIA
Scoping
Public Scoping is required for big projects
Inputs from the immediate community on the
environmental issues that should be included in the EIA

EIA Study and Report Preparation

F affected community provides data for EIA
Public Participation in EIA
EIA Review
FPublic Hearing/Consultation is conducted for big
projects

Environmental Impact Monitoring & Evaluation

FFormation of Multipartite Monitoring Team
(MMT) composed of affected community, local
government units & other stakeholders
Public Participation in
EIA Monitoring and
Evaluation
 MONITORING AND EVALUATION

Objectives:
compliance with the conditions set in
the Environmental Compliance
Certificate (ECC);
compliance with the Environmental
Management Plan (EMP);
 MONITORING AND EVALUATION

Underlying purpose…
Evaluate effectiveness of environmental
measures on prevention or mitigation of actual
project impacts vis a vis the predicted
impacts used as basis for the EMP design; and

Continual updating of the EMP for sustained

responsiveness to mitigate environmental impacts.
Monitoring and Evaluation System

ENVIRONMENTAL PROPONENT (Company)

MONITORING SELF-MONITORING
PLAN

Environmental
COMPLIANCE Agency REVIEW & COMPLIANCE
EVALUATION EVALUATION MONITORING
REPORT (CER) REPORT (CMR)

MANUAL OF
OPERATIONS

COMPLIANCE Multi-Partite Monitoring

MONITORING & Team (MMT) VALIDATION
VALIDATION (LOCALLY-LED
REPORT (CMVR) Community-based)
Summary of Major Roles & Outputs

Major Role Output

Company Monitoring Compliance Monitoring
Report (CMR)
Multi-Partite Validation Compliance Monitoring
Monitoring Team and Validation Report
(MMT) (CMVR)
Environmental Evaluation Compliance Evaluation
Agency Report (CER)
MULTI-PARTITE MONITORING TEAM (MMT)
MULTI-PARTITE MONITORING TEAM (MMT)

Provides opportunity for

• effective participation of stakeholders, the local
communities and institutions, in managing
environment and life-support systems
• building good neighborly relations between the
proponent and the local communities.
• Partnership for more effective environmental
management
MULTI-PARTITE MONITORING TEAM (MMT)

Composition
Proponent
Environmental Agency
LGUs, NGOs/POs,
Community
Vulnerable sectors of the soceity (i.e. women)
Academe
relevant government agencies, and other sectors
MULTI-PARTITE MONITORING TEAM (MMT)

Formation
Done through a Memorandum of Agreement
(MOA) among different stakeholders

Funding
Project owners are required to set up an
Environmental Monitoring Fund (EMF)
MULTI-PARTITE MONITORING TEAM (MMT)

How and Why MMT Started?

•Started in the late 1980s as calibrated response
to strong protests of local communities to
flagship development projects

•MMT provided a venue for negotiation and

conflict resolution
 Evolution of MMTs
Confidence Building Phase (late 80s to early 90s)
•Protest actions shifted from streets to negotiating table
•Required strong political will from:
– Public sector
• Socially-oriented Government: national and local
• Vigilant Communities and civil society
 Evolution of MMTs
Confidence Building Phase (late 80s to early 90s)
•Required strong political will from:
– Private sector
• Enlightened corporate management
• Beginnings of corporate social responsibility
(CSR)
• Profit with conscience
 Evolution of MMTs
Institutionalization & Expansion Phase
(mid 90s)
•MMT required for ECPs with high public
risk and/or interest
•Also applied to some projects handled by
the Pollution Adjudication Board (PAB)
 Evolution of MMTs
Proliferation and Consolidation (late 90s)
• MMT required for virtually all
Environmentally Critical Projects (ECPs)
and some controversial projects located in
ECAs
• Initial guidelines for MMT formation and
operation provided in Procedural Manuals
 Evolution of MMTs

Assessment and Review (2000-2004)

• MMT capability to perform assigned
monitoring tasks shown wanting
• Capacity constraints of DENR-EMB to
support MMTs highlighted
 Evolution of MMTs

Implementation of Enhancements
(2005 to present)
– technical guidelines and administrative
procedures
– Shared accountability and defined roles of
stakeholders
– self-regulation and decentralization
– MMT Clustering
 MMT Technical Guidelines & Administrative
Procedures

• Manual of Operations
• Membership Guidelines
• Code of Ethics
• Standardized Validation Report Format
• Workplan
• MMT Audit Guidelines
 MMT Conventions

• Updating of members’ knowledge on

environmental guidelines and EIA
techniques and tools
• Sharing of best practices
• Awarding/Recognition of Outstanding
MMTs
- MOO, Report Preparation, financial management,
participation, clustering
 Lessons Learned in incorporating Public
Participation in EIA

General
Need to define the purpose and context by which
public participation is being conducted
Fsocial preparation
Need clarify difference : public participation vs
social acceptability vs endorsements
Need to have good guidelines for stakeholder
identification
Summary of Enhancements to address Key Concerns in the
Operationalization of the MMT
Multi-stakeholder Participation in General

MMT structure/organization is fluid

BEFORE
based on own interpretation

Standardization through EMoP/EMP-

ENHANCEMENTS based Manual of Operations (MOO) and
Code of Ethics

Rationalized stakeholder participation

based on individual capacities of each
RATIONALE stakeholder group anchored on
Environmental Management and Monitoring
Plan
Summary of Enhancements to address Key Concerns in the
Operationalization of the MMT
Reporting

1) Limited guidelines for proponent and MMT

BEFORE quarterly reporting;
2) Limited to ECC compliance monitoring;

1) Technical and administrative guidelines for semi-

ENHANCEMENTS annual CMR by proponent, and CMR-based MMT
CMVR and conflict /complaints management by
MMT
2) Monitoring forms developed : CMR, CMVR, CER

Pro-formas ease MMT, proponent and Environmental

RATIONALE Agency reporting & standardizes monitoring
information for better data banking
Summary of Enhancements to address Key Concerns in the
Operationalization of the MMT
Structure and Organization

BEFORE Project-based MMTs

Option for MMT Clustering: based on sectoral

ENHANCEMENTS (e.g. project type), spatial considerations (e.g.
area, municipal or provincial level) as may be
appropriate

RATIONALE Optimize Available Resources

Summary of Enhancements to address Key Concerns in the
Operationalization of the MMT
Systems Audit

No explicit requirement or procedures

BEFORE for audit

ENHANCEMENTS Systems audit as well as MMT

performance audit guidelines and
procedures developed

Audits will assist in identifying problem

RATIONALE areas and areas where MMTs could
improve
 Updates
Proposed revision of the EIA Law , now being
undertaken to:
Fprovide stronger legal basis for public
participation and other key aspects of the EIA
requirement
Faddress concerns in the implementation of
the EIA Law including concerns on public
participation
Fimplementing rules and regulations are
currently being reviewed for updating to address
issues being encountered
Meaningful Public Participation is
necessary in the entire EIA
Process – from scoping to
monitoring of impacts
 That’s All

Maraming Salamat / Thank you

for listening