l facilitate consideration of alternatives, mitigation measures and trade-offs;
l ensure that important impacts are not overlooked and benefits are maximised;
l reduce conflict through the early identification of contentious issues;
l provide an opportunity for the public to influence project design in a positive manner (thereby creating a sense of ownership of the proposal);
l improve transparency and accountability of decision-making; and
l increase public confidence in the EIA process.”
A range of stakeholders are involved in EIA. These include the individuals, groups and communities affected by a proposal, the proponent of the development along with those associated with it, e.g. government departments, interest groups (including e.g. NGOs), and others
e.g. donors and academics.
The professional literature on public participation has used different expressions and terms, including e.g. “public participation”, “public involvement”, “stakeholder involvement”, “consultation”, “expressing opinions”, “communication”, “reporting”, “access to information”, “participatory approaches” and others. Fischer (2007) differentiates between four main categories; participation, consultation, communication and reporting. These terms are further explained in Box 9.1.
Each word implies a different level of commitment to and involvement of the public in decision- making. Different levels of citizen participation were first conceptualised by Arnstein (1969). She identified eight stages of participation, which are shown in Figure 9.1.
Box 9.1: Participation, consultation, communication and reporting
Participation: Engagement process, in which external persons (for example, the public) are called to contribute to the decision-making process by exchanging information, predictions, opinions, interests and values.
Consultation: Engagement process, in which external persons (for example, the public) are called to comment on documentation.
Communication: One-way process, in which the objective is to inform and assist third parties and the public to understand problems, alternatives, opportunities and solutions.
Reporting: Documentation process in which results are made available in a written document, on the basis of which third parties/the public can make their comments, providing for feedback on the analyses made, alternatives and decisions.
Source: Fischer, 2007
Box 7.2: Specific methods used in screening (UN, 2006f) 8 Citizen Control 8 7 Delegated Power 7 6 Partnership 6 5 Placation 5 4 Consultation 4 3 Informing 3 2 Therapy 2 1 Manipulation 1
Petts and Leach (2000) discuss what appropriate levels of involvement may be in different
situations. They recommend ‘fitting methods to purpose’, depending on the specific aims of involvement along the lines described in Table 9.1. They point out that there may be different aims at different stages of the EIA process ranging, for example,
“from the elicitation of values relevant to site selection at a project design stage to the optimisation of trust and credibility at the monitoring stage.” (Petts and Leach,
2000, p.20)
The exact format of public involvement is going to depend on the specific EIA situation. However, as a ground rule, it should commence during the preparatory stages of a project proposal and should continue throughout the EIA process. This is subsequently described further.
9.1.1 Involvement during screening
In certain cases, either the project proponent or the responsible authority may want to involve the public as early as possible during screening in order to obtain an idea about likely impacts. This can help to decide whether an EIA or an IEE is required. Also, information obtained in this way can assist in setting up scoping and other later stages.
Table 9.1: Matching public participation aims with appropriate involvement levels Aim
To satisfy statutory requirements to consult To resolve conflicting views To increase transparency
To increase defensibility
To change people’s views about an issue through education
To improve services To determine needs and desires
To empower citizens To enable social learning
Applicable method level Applicable method level
1: Education and information provision and/or 2: Information feedback
4: Extended involvement
1: Education and information provision and/or 2: Information feedback and/or
3: Involvement and consultation and/or 4: Extended involvement
2: Information feedback and/or 3: Involvement and consultation and/or 4: Extended involvement
1: Education and information provision and/or 4: Extended involvement
2: Information feedback and/or 3: Involvement and consultation 2: Information feedback and/or 3: Involvement and consultation and/or 4: Extended involvement
1: Education and information provision and 4: Extended involvement
1: Education and information provision and/or 4: Extended involvement
9.1.2 Involvement during scoping
While public involvement during EIA screening is still somewhat unusual, it is a common feature at the scoping stage. This can help the identification of all potentially significant issues. The terms of reference for the EIA can thus be designed in a transparent and responsible manner. In this context, requirements for public involvement during the forthcoming stages of EIA should be formulated. A good starting point to public participation at this stage is to conduct a stakeholder analysis. What this means is further explained below.
9.1.3 Stakeholder analysis
There are various ways to involve the public in public decision-making. Many academics and practitioners involved with EIA consider a
stakeholder analysis to be a prerequisite first step for sound public participation (World Bank 2007; Schwartz and Deruyttere 1996). A stakeholder analysis can be done, using various straight- forward methods (DFID 1995, section 2) and is undertaken in order to
“identify and understand the subgroups within the population to be consulted, relations of power among these subgroups, and the extent to which community organisations represent all interest groups” (Schwartz and Deruyttere, 1996).
The outcome of a stakeholder analysis thus informs the mix of methods to be used for consultation (See: DFID 1995, section 2, for example). International development agencies naturally place a high importance on stakeholder analysis, as it is needed for orientation to the situation on the ground and to understand the needs, interests, and relative strengths of the various stakeholders.
The involvement of the public at the actual assessment stage i.e. when the EIA report is being prepared, can help to (UNEP, 2002b, p.169):
l “avoid biases and inaccuracies in analysis; l identify local values and preferences;
l assist in the consideration of mitigation measures; and
l select a best practicable alternative”.
This is the stage where most EIA systems globally have provisions for public involvement. Obtaining feedback from the public on the EIA report is crucial, as this should combine all existing information on baseline data, the project and its alternatives, as well as mitigation. It is important to keep in mind that asking for written comments may be daunting for parts of the public, e.g. the part which is not well educated and literate. Public hearings or meetings may be held at this stage. In this context, it is important to consider that some people may not be comfortable speaking in public.
9.1.4 Involvement during implementation and follow up
Environmental impacts of projects should be monitored during construction and operation. Representatives of local communities should participate in this follow up process. This can help devising remedial action in case problems arise. Furthermore, it can help promote good relations with local people or communities affected by a development.
9.2
‘The public’ and ‘public interest’
The ‘public’ is not a monolithic entity. Rather, it is a diverse set of people and groups that tend to have a wide range of interests. However, despite this diversity of interests, with regards toenvironmental issues, it is still possible to speak of a ‘public interest’ (Taylor, 1994). Thus,
addressing environmental issues such as ozone depletion, global warming, and pollution and resource depletion that threaten health and welfare clearly is in the public interest. EIA is, therefore, an instrument designed to enhance public interest. The concept of ‘public interest’ is discussed further below.
9.2.1 What is public interest?
been debated for at least 100 years. The first author contesting that there is something akin to a public interest was Bentley (1908), who has been labelled the ‘father’ of interest group theory in political science. According to him, “society is
nothing other than the complex of groups that compose it…”, concluding that “we shall never find a group interest of … society as a whole (in
Taylor, 1994, p.88).” Today, authors with postmodern leanings are following in Bentley’s footsteps, contesting and deconstructing the concept and ultimately denying the existence of a common welfare or ‘public interest’ (See:
discussion and references in Campbell and Marshall, 2000).
However, many authors have challenged the claim that there is no public interest. Taylor (1994, p.89), for example, suggested that the fallacy of such arguments lies in
“the twin assumptions that society is composed only of groups with conflicting interests, and that where conflicts of interest exist between groups there cannot also be areas of consensus co- existing within the conflicts.”
He explored several arguments around these two ideas and concluded that some interests are so fundamental that they must be recognised to some degree in any community. Taylor thus rejected the argument that there can be no conceptually coherent theory of the public interest. Different interests notwithstanding, he proposes that the interests shared in common by any group or person constitutes the public interest. However, he also suggested that there may be occasions when an action is in the public interest, but where, say, due to limited resources,
“we think it morally right (or of greater moral priority) to do something which promotes the interests of a particular group – say, a group which is especially disadvantaged…”
This also means that public interest doesn’t necessarily represent the interest of the ‘majority’ in a society.
9.2.2 Implications for EIA
The argumentation above provides a firm basis for defending environmentally sound decision- making and actions aimed at by EIA, as these are in the public interest. Overall, the concept of a public interest is useful and necessary if professional endeavours are to have any coherence at all and be anything other than partisan and arbitrary (Posas and Fischer, 2008).