Public Participation in the EU, Experience of New Member States Fidanka Bacheva-McGrath CEE Bankwatch Network 11 July 2017 2017 Cherkasy, Ukraine
CEE Bankwatch Network CEE Bankwatch Network is an international non-governmental, non-profit organisation (NGO) with members from 14 countries of CEE and CIS region. Bulgaria, Croatia, Czech Republic, Estonia, Georgia, Hungary, Latvia, Lithuania, Macedonia, Poland, Russia (Sakhalin), Serbia, Slovak Republic and Ukraine
Regional Projects
Building bridges between Eastern and Southern Neighbourhood Finance for Development – network of CSOs working across EU
Public Participation Standards (1) Aarhus 1) UNECE Convention on Access to Information, Meaningful and informed Public Participation and public participation can effectively influence Decision Making and decision-making and is Access to Justice in based on access to Environmental Matters information about the – Aarhus Convention project or development. http://ec.europa.eu/envi ronment/aarhus/
Public Participation Standards (2) EU Directives 2) EU’s EIA Directive EU law on biodiversity, water, air quality, mining etc.
Participation at all stages of decisionmaking, starting from scoping, baseline and impact assessment, designing of mitigation measures. Impacted vs. interested parties.
Public Participation Standards (3): Financial Institutions Social Impact Assessment in 3) Environmental and addition to EIA Social Policies of project financiers (e.g. public Wide definition of Multilateral Development stakeholders Banks) Compliance with both national
And accountability / complaint mechanisms to enhancing access to justice & dispute resolution
and international law – brings higher standards on transparency and participation than available in national law.
Banks’ policies Projects are required to comply with: (i) national laws, e.g. on environment, labour, social security and occupational health and safety laws, (ii) fundamental principles and standards embodied in EU law and international conventions: EU EIA Directive, Aarhus and Espoo Conventions, CITES, the UN Declaration & International bill of Human Rights, ILO conventions. iii) Good Industry Practice
Performance Requirements for EBRD’s clients Upon approval by the Board projects are structured to comply – Env&Soc Action Plans (ESAPs): PR 1 - Assessment and Management of Environmental and Social Impacts and Issues PR 2 - Labour and Working Conditions PR 3 - Resource Efficiency, Pollution Prevention and Control PR 4 - Health and Safety
PR 5 - Land Acquisition, Involuntary Resettlement and Economic Displacement PR 6 - Biodiversity Conservation and Sustainable Management of Living Natural Resources PR 7 - Indigenous Peoples PR 8 - Cultural Heritage PR 9 - Financial Intermediaries PR 10 - Information Disclosure and Stakeholder Engagement
Human Rights and the EBRD’s PRs (source: EBRD HRs Heat Map) PR 1 Access to information
PR 2
x
PR 3
PR 4
PR 5 x
PR 6 PR 7 PR 8 x
PR 9
PR 10
x
x
Right to petition
x
Voice and x accountability
x
x
x
Freedom of association & assembly
x
x
x
x
Forms of Public Participation Community participation in hearings Petitions / Open Letters Surveys Expert opinion / statements / positions Technical proposals on alternatives Alternative vision for local development Court Action Blogging / Interviews / Social Media Protest as participation
Example 1: stopping cyanide leaching in Bulgaria Chelopech Mining (2010): - complaint to Bulgarian court on limited consultations on the EIA - infringement complaint to European Commission on failure to consult downdstream communities in acc.with EU’s Mining Waste Directive
Example 2: Via Baltica, Rospuda Valley, Poland Via Baltica motorway: - alternative route proposed - court action in Poland - infringement procedure by EC on Birds and Habitats Directive implementation
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