Eia
Eia
ON
BY
FIDDAUSI DAYYABU
SPS/20/PEM/00015
FEBRUARY, 2022
1.0 INTRODUCTION
1.1 Origin of EIA
Before the First World War, rapid industrialization and urbanization in western
countries was causing rapid loss of natural resources. This continued to the period
after the Second World War giving rise to concerns for pollution, quality of life and
environmental stress. In early 60s, investors and people realized that the projects they
were under taking were affecting the environment, resources, raw materials and
people. As a result of this, pressure groups formed with the aim of getting a tool that
can be used to safeguard the environment in any development. The USA decided to
respond to these issues and established a National Environmental Policy Act in 1970
to consider its goal in terms of environmental protection. The USA became the first
country to enact legislation on EIA. This was the first time that EIA became the
official tool to be used to protect the environment. The United Nations Conference on
the Environment in Stockholm in 1972 and subsequent conventions formalized EIA.
At present, all developed countries have environmental laws whereas most of the
developing countries are still adopting it (Lee, 1995). Multilateral and bilateral
lenders included EIA requirements in their project eligibility criteria (OECD, 1996).
1.2 EIA in developing countries
Until recently, EIA as a new concept was not readily understood and accepted as a
tool in developing countries. Developers resisted and argued that it was anti
development because laws and policies supporting it dictated that lands developments
causing negative impacts should be discontinued. In a nutshell, EIA was considered
just another bureaucratic stumbling block in the path of development. Secondly, it was
conceived as a sinister means by which industrialized nations intend to keep
2. EIA LEGAL, POLICY & INSTITUTIONAL FRAMEWORK
EIA takes place within the legal and/or policy and institutional frameworks
established by individual countries and international agencies. EIA provision and
procedure can contribute to successful implementation of project if these frameworks
are adhered to.
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2.1 EIA in international environmental law context
Key Multilateral Environmental Agreements (MEAs) have seen review and
improvements in EIA legal, policy and institutional arrangements. The key
agreements are discussed below.
a) Convention on Environmental Impact Assessment in a Trans-boundary Context
(Espoo, 1991).
This is the first multi-lateral EIA treaty. It looks at EIA in a trans-boundary context
and entered into force in 1997. The Espoo Convention sets out the obligations of
Parties to assess the environmental impact of certain activities at an early stage of
planning. It also lays down the general obligation of states to notify and consult each
other on all major projects under consideration that are likely to have a significant
adverse environmental impact across borders.
Apart from stipulating responsibility of signatory countries with regards to proposals
that have trans- boundary impacts, it describes the principles, provisions, procedures
to be followed and list of activities, contents of documentation and criteria of
significance that apply.
b) Rio Declaration (1992).
Principle 17 of Rio Declaration on Environment and Development calls for use of
EIA as a national decision making instrument to be used in assessing whether
proposed activities are likely to have significant adverse impact on the environment. It
also emphasized the role of competent national authority in the decision making
process. The other principle (15) of this declaration that is relevant to EIA practice is
the application of the precautionary principle.
Agenda 21, which was also as a result of this convention, proposes that governments
should:
“Promote the development of appropriate methodologies for making integrated
energy, environment and economic policy decisions for sustainable development, inter
alia, through environmental impact assessment (9.12(b))
Develop, improve and apply environmental impacts assessment, to foster sustainable
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industrial development (9.18)
Carry out investment analysis and feasibility studies including environmental
assessments for establishing forest based processing enterprises.
Introduce appropriate EIA procedures for proposed projects likely to have significant
impacts upon biological diversity, providing for suitable information to be made
widely available and for public participation, where appropriate, and encourage the
assessment of impacts of relevant policies and programs on biological diversity
(15.5(k)”(UNICED 1992).
Agenda 21 sets the framework within which countries can establish their national
environmental laws.
c) UN Convention on climate change and Biological Diversity (1992) cited EIA as an
implementing mechanism of these conventions (article 4 and 14 respectively).
d) Doha Ministerial Declaration encourages countries to share expertise and
experience with members wishing to perform environmental reviews at the national
level (November, 2001).
e) UNECE (Aarhus) Convention on Access to Information, Public Participation in
Decision Making and Access to Justice in Environmental Matters (1998) covers the
decisions at the level of projects and plans, programs and policies and by extension,
applies to EIA and SEA.
f) United Nations Conference on the Environment in Stockholm 1972.
2.2 Multilateral and bilateral financial institutions environmental safeguards
Investment banks like African Development Bank (AfDB), Asian Development Bank
(ADB), European Bank for Reconstruction and Development (EBRD), European
Investment Bank (EIB), Japanese Bank for International Cooperation (JBIC), World
Bank (WB) have environmental safeguards to ensure that financing of projects is not
only based on the precautionary principle, preventative action rather than curative
treatment but sustainable development (WBCSD,2005). Although their operational
policies and requirements vary in certain respects, the development banks follow a
relatively standard procedure for the preparation and approval of an EIA report.
Borrowing countries are responsible for the preparation of the EIA, and this
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requirement possibly more than any other has influenced the introduction and
development of EIA in many developing countries. The EIA should examine project
alternatives and identify ways of improving project selection, siting, planning, design
and implementation by preventing, minimizing, mitigating and compensating for
adverse environmental impacts.
Just like other banks, the World Bank has criteria for screening projects as follows:
Category A: If the project likely to have significant environmental impacts that are
sensitive, diverse or unprecedented. These impacts may affect an area broader than
the communities benefiting from infrastructure investments.
Category B: If the projects potential adverse environmental impacts on human
populations or environmentally important areas are less adverse than those of
Category A projects. These impacts are site-specific; few if any of them are
irreversible; and in most cases mitigation measures can be designed more readily than
for Category A projects.
Category C: If the project is likely to have minimal or no adverse environmental
impacts. Once the project is assessed and determined as Category C, no further action
would be required. Some examples of Category C projects include: Education (i.e.
capacity-building, etc., not including school construction) Family planning (World
Bank 1999) etc.
All projects financed by the Banks should also comply with the requirements of
relevant multilateral environmental agreements (MEA) to which the host country is a
party, including the Montreal Protocol (on ozone depleting substances), the UN
Convention on Climate Change and the Kyoto Protocol (on greenhouse gas
emissions) and the Aarhus Convention (on environmental information). All
international organizations and bilateral agencies frequently update their procedures
and it is important to obtain the current version from the organization.
National legislation may include a statutory requirement for an EIA to be done in a
prescribed manner for specific development activities. Most legislation lists projects
for which EIA is a mandatory requirement. The statutory requirement to carry out an
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EIA for specific projects will, for example, require registered experts to carry out the
study, the authority with the help of lead agencies and technical committees to review
the EIA and approve the project.
Other national legal requirements that govern the use and protection of resources like
water, fisheries, forests, wildlife, public health etc must be identified and complied
with during an EIA.
2.4 Institutional framework
EIA institutional systems vary from country-to-country and reflecting different types
of governance. In some countries, either the Ministry of Environment or a designated
authority or Planning Agency administers EIA.
Environmental issues also involve many disciplines and many government bodies
with general environmental and resource management laws. Data will therefore have
to be collected and collated from a wide range of technical ministries, other
government authorities and parastatals where applicable.
3. PREPARATION OF TERMS OF REFERENCE (TOR)
ToR sets out what is expected of a practitioner or a consultant when carrying out an
EIA. ToRs can be simple or elaborate but elaborate ToRs are usually not
recommended. There are no universal formats for terms of reference, which will be
suitable for every study. However, there are general rules, which should be observed
when preparing ToR for the EIA.
The ToR should commence with a brief description of the program or project. This
should include a plan of the area that will be affected either indirectly or directly.
The study should ensure that the consultants or practitioners focus on the major issues
and the most serious likely impacts identified during scoping e.g. air emission, waste
water discharge etc. The opportunities for enhancing any positive benefits from the
project should also be highlighted. This component of ToR is usually submitted to
designated authority for scrutiny and approval.
The ToR should contain explicit references to which safeguard policies may be
relevant and which legal requirements should be applied.
The ToR should give an indication of the team considered necessary for the study and
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a team leader identified. Depending on the scope of the study this may be multi-
disciplinary. However, as the team should not be rigidly imposed on the consultant.
If international experts are doing the EIA, it is important to make provision for local
capacity building in the ToR. Apart from enabling in-country expertise to be built up,
this will promote more involvement and understanding of the issues raised by the
study. As most EIA studies are of relatively short duration, this is probably best
achieved through the attachment of project proponent to the consultants during the
study or an insistence on the use of local staff personnel for some of the tasks.
The expected date of commencement and time limit should be given and consultants
program of work must be within the given time limit.
The budget limit should be given in the ToR. The type of experts, and whether foreign
or local, and the duration of their inputs will usually be the deciding cost factors
although a large field survey or measurement program with laboratory analysis could
significantly increase costs. Any assistance to be provided by the Client to reduce
costs should be clearly stated in the ToR.
Consultant payments proposal should be made and tied to specific milestones e.g. the
consultant will be paid 20% of their fee upon receipt of draft report by client etc.
Reporting requirements should be clearly stated and should comply with local or
international reporting guidelines. The format of EIS must be clear and the number of
copies in soft and hard must be stated.
ToR should make provision for the consultants to improve the terms of reference in
order to improve the quality of EIA.
4. ENVIRONMENTAL IMPACT ASSESSMENT (EIA) PROCESS
The first phase of an environmental assessment is called an Initial Environmental
Examination (IEE) and the second is Environmental Impact Studies (EIS) or simply
detailed EIA.
a) Initial Environmental Examination (lEE)
IEE is carried out to determine whether potentially adverse environmental effects are
significant or whether mitigation measures can be adopted to reduce or eliminate
these adverse effects. The IEE contains a brief statement of key environmental issues,
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based on readily available information, and is used in the early (pre-feasibility) phase
of project planning. The IEE also suggests whether in-depth studies are needed. When
an IEE is able to provide a definite solution to environmental problems, an EIA is not
necessary. IEE also requires expert advice and technical input from environmental
specialists so that potential environmental problems can be clearly defined.
b) Environmental Impact Assessment (EIA)
EIA is a procedure used to examine the environmental consequences or impacts, both
beneficial and adverse, of a proposed development project and to ensure that these
effects are taken into account in project design. The EIA is therefore based on
predictions. These impacts can include all relevant aspects of the natural, social,
economic and human environment. The study therefore requires a multi- disciplinary
approach and should be done very early at the feasibility stage of a project. In other
words, a project should be assessed for its environmental feasibility.
EIA should therefore be viewed as an integral part of the project planning process.
Unlike the environmental audit (EA), which is conducted on existing projects, the EIA
is applied to new projects and the expansion aspects of existing projects. The phases
of an EIA from screening to follow-up are illustrated in Figure 1 below.
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Figure 1: Generalized EIA Process Flow-Chart
4.1 Screening
EIA process kicks off with project screening. Screening is done to determine whether
or not a proposal should be subject to EIA and, if so, at what level of detail.
Guidelines for whether or not an EIA is required are country specific depending on
the laws or norms in operation. Legislation often specifies the criteria for screening
and full EIA. Development banks also screen projects presented for financing to
decide whether an EIA is required using their set criteria.
The output of the screening process is often a document called an Initial
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Environmental Examination or Evaluation (IEE) (Section 4.1). The main conclusion
will be a classification of the project according to its likely environmental sensitivity.
This will determine whether an EIA is needed and if so, to what detail.
4.2 Scoping
The aim of EIA is not to carry out exhaustive studies on all environmental impacts for
all projects. Scoping is used to identify the key issues of concern at an early stage in
the planning process (Ahmed & Sammy, 1987). The results of scoping will determine
the scope, depth and terms of reference to be addressed within the Environmental
statement. Scoping is done to:
Identify concerns and issues for consideration in an EI
Ensure a relevant EIA
Enable those responsible for an EIA study to properly brief the study team on
the alternatives and on impacts to be considered at different levels of analysis
Determine the assessment methods to be used
Identify all affected interests
Provide an opportunity for public involvement in determining the factors to be
assessed, and facilitate early agreement on contentious issues
Save time and money
Establish terms of reference (TOR) for EIA study
Scoping should be an ongoing exercise throughout the course of the project. The
following environmental tools can be used in the scoping exercise
Checklists:- Checklists are standard lists of the types of impacts associated with a
particular type of project. Checklists methods are primarily for organizing information
or ensuring that no potential impact is overlooked. They comprise list questions on
features the project and environments impacts. They are generic in nature and are
used as aids in assessment.
Matrices:- Matrix methods identify interactions between various project actions and
environmental parameters and components. They incorporate a list of project
activities with a checklist of environmental components that might be affected by
these activities. A matrix of potential interactions is produced by combining these two
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lists (placing one on the vertical axis and the other on the horizontal axis). They
should preferably cover both the construction and the operation phases of the project,
because sometimes, the former causes greater impacts than the latter. However,
matrices also have their disadvantages: they do not explicitly represent spatial or
temporal considerations, and they do not adequately address synergistic impacts.
Networks:- these are cause effect flow diagrams used to help in tracing the web
relationships that exist between different activities associated with action and
environmental system with which they interact. They are also important in identifying
direct and cumulative impacts. They are more complex and need expertise for their
effective use.
Consultations:- with decision-makers, affected communities, environmental interest
groups to ensure that all potential impacts are detected. However there can be danger
in this when excessive consultation is done and some unjustifiable impacts included in
the ToR.
4.3 Baseline data collection
The term "baseline" refers to the collection of background information on the
biophysical, social and economic settings proposed project area. Normally,
information is obtained from secondary sources, or the acquisition of new information
through field samplings, interviews, surveys and consultations with the public. The
task of collecting baseline data starts right from the period of project inception;
however, a majority of this task may be undertaken during scoping and actual EIA.
Baseline data is collected for two main purposes
To provide a description of the current status and trends of environmental
factors (e.g., air pollutant concentrations) of the host area against which
predicted changes can be compared and evaluated in terms of significance, and
To provide a means of detecting actual change by monitoring once a project
has been initiated
Only baseline data needed to assist prediction of the impacts contained in the ToR and
scoping report should be collected.
4.4 Impact analysis and prediction
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Predicting the magnitude of a development likely impacts and evaluating their
significance is core of environmental assessment process (Morris & Therivel, 1995).
Prediction should be based on the available environmental baseline of the project
area. Such predictions are described in quantitative or qualitative terms.
4.4.1 Considerations in impact prediction
Magnitude of Impact: This is defined by the severity of each potential impact and
indicates whether the impact is irreversible or, reversible and estimated potential rate
of recovery. The magnitude of an impact cannot be considered high if a major adverse
impact can be mitigated.
Extent of Impact: The spatial extent or the zone of influence of the impact should
always be determined. An impact can be site-specific or limited to the project area; a
locally occurring impact within the locality of the proposed project; a regional impact
that may extend beyond the local area and a national impact affecting resources on a
national scale and sometimes trans-boundary impacts, which might be international.
Duration of Impact: Environmental impacts have a temporal dimension and needs to
be considered in an EIA. Impacts arising at different phases of the project cycle may
need to be considered. An impact that generally lasts for only three to nine years after
project completion may be classified as short-term. An impact, which continues for 10
to 20 years, may be defined as medium-term, and impacts that last beyond 20 years
are considered as long-term.
Significance of the Impact: This refers to the value or amount of the impact. Once an
impact has been predicted, its significance must be evaluated using an appropriate
choice of criteria. The most important forms of criterion are:
Specific legal requirements e.g. national laws, standards, international
agreements and conventions, relevant policies etc.
Public views and complaints
Threat to sensitive ecosystems and resources e.g. can lead to extinction of
species and depletion of resources, which can result, into conflicts.
Geographical extent of the impact e.g. has trans- boundary implications.
Cost of mitigation
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Duration (time period over which they will occur)
Likelihood or probability of occurrence (very likely, unlikely, etc.)
Reversibility of impact (natural recovery or aided by human intervention)
Number (and characteristics) of people likely to be affected and their locations
Cumulative impacts e.g. adding more impacts to existing ones.
Uncertainty in prediction due to lack of accurate data or complex systems.
Precautionary principle is advocated in this scenario.
4.4.2 Impact prediction methodologies
Several techniques can be used in predicting the impacts. The choices should be
appropriate to the circumstances. These can be based on:
Professional judgment with adequate reasoning and supporting data. This
technique requires high professional experience.
Experiments or tests. These can be expensive.
Past experience,
Numerical calculations & mathematical models. These can require a lot of
data and competency in mathematical modelling without which hidden errors
can arise.
Physical or visual analysis. Detailed description is needed to present the
impact.
Geographical information systems.
Risk assessment, and
Economic valuation of environmental impacts.
4.5 Analysis of alternatives
Analysis of alternative is done to establish the preferred or most environmentally
sound, financially feasible and benign option for achieving project objectives.
The World Bank directives requires systematic comparison of proposed investment
design in terms of site, technology, processes etc in terms of their impacts and
feasibility of their mitigation, capital, recurrent costs, suitability under local
conditions and institutional, training and monitoring requirements (World bank 1999).
For each alternative, the environmental cost should be quantified to the extent
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possible and economic values attached where feasible, and the basic for selected
alternative stated. The analysis of alternative should include a NO PROJECT
alternative.
4.6 Mitigation and impact management
Mitigation is done to avoid, minimize or offset predicted adverse impacts and, where
appropriate, to incorporate these into an environmental management plan or system.
For each potential adverse impact the plan for its mitigation at each stage of the
project should be documented and costed, as this is very important in the selection of
the preferred alternative.
The objectives of mitigation therefore are to:
find better alternatives and ways of doing things;
enhance the environmental and social benefits of a project
avoid, minimise or remedy adverse impacts; and
ensure that residual adverse impacts are kept within acceptable levels
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An EMP should consist of a set of mitigation, monitoring and institutional measures
to be taken during the implementation and operation of the proposed project to
eliminate adverse environmental impacts, offset them or reduce them to acceptable
levels. The EMP should also include the actions needed to implement these measures,
including the following features:
Mitigation based on the environmental impacts reported in the EIA, the EMP
should describe with technical details each mitigation measure.
The EMP should then include monitoring objectives that specifies the type of
monitoring activities that will be linked to the mitigation measures.
Specifically, the monitoring section of the EMP provides:
A specific description, and technical details, of monitoring measures that
includes the parameters to be measured, the methods to be used,
sampling locations, frequency of measurements, detection limits (where
appropriate), and definition of thresholds that will signal the need for
corrective actions;
Monitoring and reporting procedures to ensure early detection of
conditions that necessitate particular mitigation measures and to furnish
information on the progress and results of mitigation.
The EMP should also provide a specific description of institutional
arrangements i.e. who is responsible for carrying out the mitigating and
monitoring measures (for operation, supervision, enforcement, monitoring of
implementation, remedial action, financing, reporting, and staff training).
Additionally, the EMP should include an estimate of the costs of the measures
and activities recommended.
It should consider compensatory measures if mitigation measures are not
feasible or cost effective.
EMP must be operative throughout the whole Project Cycle.
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stakeholders, and resulted in a clear linkage between the public participation process
and the decision-making process.
It is worth noting that “making a decision” in public participation is not a single
moment in time, but an accumulation of many smaller decisions. There are decisions
being made at every step in the consultation process regardless of the technique.
5.4 Monitoring and evaluation of PC & D
Most EIA projects usually have no monitoring systems of PCs built into their
structure. Monitoring and Evaluation (M&E) assess the quality of public consultations
in the EIA process. Techniques for monitoring and evaluating PCs include
confirmation that participants understood the consultation content (correct language,
level of technicality), and assessment of stakeholders‟ opinions of PC effectiveness
and PC impact on project design and implementation. Through appropriate use of
M&E, public consultation strategies can be adjusted during the project cycle to
improve stakeholder participation, information dissemination strategies, and
mechanisms for integrating participant feedback into project design and
implementation.
EIA RELATED STUDIES
6.1 Social Impact Assessment (SIA)
Social Impact Assessment (SIA) includes the processes of analysing, monitoring and
managing the intended and unintended social consequences, both positive and
negative, of planned interventions and any social change processes invoked by those
interventions (Vanclay, 1999). The analysis should include the use of land, culture, the
main economic activities e.g. tourism, agriculture, employment levels and impact on
service provision e.g. education, water use, traffic, energy use etc. Its primary purpose
is to bring about a more sustainable and equitable biophysical and human
environment. Social Impact Assessment assumes that social, economic and
biophysical impacts are interconnected. Social Impact Assessment (SIA) is therefore
done to ensure that there is no mismatch between the development and socio-cultural
and economic of the project area.
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6.2 Health Impact Assessment (HIA)
Health is a state of complete physical, mental and social well-being and not merely
absence of disease or infirmity (WHO, 1946).
In most EIAs, HIA is usually included under SIA. HIA is now emerging as a key
component of EIA because health is determined by a multiplicity of factors including
socio-economic and environmental factors. There is no clear definition about where
health concerns end and where environmental or social concerns begin. HIA is a
broad concept that may be interpreted in different ways by a range of different users
but all imply an interest in the safeguarding and enhancement of human health and a
concern that human activities and decisions, in the form of development projects,
plans, programs and policies can affect human health in both positive and negative
ways.
SEA is undertaken much earlier in the decision-making process than EIA - it is
therefore seen as a key tool for sustainable development. “Strategic Environmental
Assessment aims to incorporate environmental and sustainability considerations into
strategic decision making processes, such as the formulation of policies, plans and
programs”.
7. EIA GUIDING PRINCIPLES
International Association for Impact Assessment (IAIA, 1999) and others have
developed guiding principles for EIA/IA. The principles listed below are a selection
of some of the documented ones.
Participative: The process should provide appropriate opportunities to inform and
involve the interested and affected publics and incorporate their input in decision-
making.
Transparency: Assessment process, outcomes & decisions should be open and
accessible.
Certainty: The process and timing of the assessment should be agreed in advanced
and followed by all participants.
Accountability: The decision-makers and project proponents are responsible to all
parties for their action and decisions under the assessment process.
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Credibility: Assessment is undertaken with professionalism and objectivity.
Cost-effectiveness: The assessment process and its outcomes will ensure
environmental protection at the least cost to the society.
Practical: The process should result practical outputs, which can be implemented by
proponent.
Relevant: The process should focus information that is relevant for development
planning and decision-making.
Focused: The process should concentrate on significant environmental effects and
key issues that need to be taken into account in making decisions.
Interdisciplinary: The process should ensure that the appropriate techniques and
experts in the relevant disciplines are employed, including use of traditional
knowledge as relevant.
Integrated: The process should address the interrelationships of social, economic and
biophysical aspects.
CONCLUSION
EIA certainly has a crucial role to play in addressing environmental issues
surrounding project development and especially power projects. The integration of
environment into development planning is the most important tool in achieving
sustainable development. Environmental protection and economic development must
thus be dealt with in an integrated manner. EIA process is necessary in providing an
anticipatory and preventive mechanism for environmental management and protection
in any development. Several developing countries are still at the infancy stage of
operationalization of their EIA processes. The need for capacity building for quality
EIA is also eminent in these countries.
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REFERENCES
Modak P. & Biswas A. K., 1999: Conducting Environmental Impact Assessment for
Developing Countries, United Nations University press.
Morris P and Therivel R., (eds), 1995: Methods of environmental impact assessment,
UCL press, London.
U.S. Department of Commerce, 1994: Guidelines and Principles for Social Impact
Assessment. The Inter-organizational Committee on Guidelines and
Principles for Social Impact Assessment.
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