Terms of Reference (ToR)
Assessment on Public Participation in EIA Process
Background Context/Problem Statements:
The quest for economic growth of some Asian countries has been associated with rapid infrastructure and industrial development. The Environmental Impact Assessment (EIA) process has increasingly become a tool inensuring sustainable development in such a context of growth. It has been introduced in many countries; nonetheless, various challenges remain when it comes to having an appropriate system and the implementation. Cambodia is the case in point.
The country's recent growth has been associated with large scale development projects, particularly Economic Land Concessions (ELCs), Mining concessions and Hydropower Dam Projectscausing pressing issues, ranging from rampant deforestation to forced evictions across the country. Since 1995 the government has approved 267 concessions that are proceeding in 18 provinces of Cambodia, covering an area of 1,532,782.65 ha. 158 out of 267 of these are causing land disputes. Of these land dispute cases, 42 have been completely resolved, while 50 cases are partly resolved, and 54 cases have not been resolved[1].Criticism on the poor application of public participation in EIA process and related legal frameworks has been high. The number of the IEIA and EIA report is demonstrative to this criticism. Between 2004-2016,only 217 IEIA and EIA reports were approved by the MoE, and 1382 environmental protection agreements were made (statistics from the MoE, 2004-2016 presented by Mr. Chea Leang).
The legal requirements for Environmental Impact Assessment (EIA) in Cambodia are set out in the Law on Environmental Protection and Natural Resource Management, 1996 (Law 1996) and the Sub-Decree on Environmental Impact Assessment, 1999 (Sub-Decree 1999). According to Article 6 of the Law 1996, an EIA shall be carried out on every project and activity of either private or public and shall be examined and evaluated by the Ministry of Environment before it is submitted to the Royal Government for decision. This assessment shall also be applicable for those existing activities and those which are being under process and which their environmental impacts have yet not been assessed. In addition, both the Law 1996 and the Sub-Decree 1999 highlight the purpose of fostering public participation in the EIA process (to encourage and enable the public to participate in environmental protection and natural resource management) to emphasize that public concerns should beconsidered in the project decision-making process. So far there have not been much empirical studies investigating the extent to which these EIA follow the public participation principles and many others. Anecdotal evidence, however, suggest that the dearth of such has led to various social conflicts including the overlapping of project, eviction and unfair compensation.
Public Participation is not clearly defined, and no concrete procedures and requirements are stipulated in the existing legal framework. This creates difficulty when attempting to implement policy reform.The MoE drafted a new EIA Law in 2012, which includes an Article to develop a guideline on Public Participation, but the final draft is yet to be endorsed by the Council of Ministers. The Guideline on Public Participation was drafted in 2016[2]. Its main objectives include 1) to provide Project Affected People and other stakeholders the opportunity to be informed and consulted about projects or activities, 2) to express an opinion about projects or activities, and 3) to be allowed effective and meaningful involvement in all steps of the EIA process. The lack of legal instruments at play within this process has resulted in poor public participation, which fails to inform the government of socially just decision-making on the project proposal. Most of the EIA reports show strong opposition to the proposed projects due to a lack of information on the project itself, in addition to the project’s impacts. The level of participation of affected people is very limited, particularly vulnerable groups including women and children, and indigenous people. Based on the findings of CDRI research report[3], “Many women have participated in the EIA process in that they have been present, but the extent to which that participation has been meaningful in the sense of engaging and empowering women in decision-making is questionable.”
Some of the pondering questions are therefore:
-What definition of public participation do most of the projects follow/use?
-How public participation is ensured when the EIA is conducted?
-What did you involve in EIA process?
-What are challenges and constraints in promoting meaningful and effective public participation?
-What are your potential solutions to improving public participation?
-Etc
Assessment’s Objectives:
-Review the legal documents of both national and international standard regarding public participation
-Assess and analyze the leveland extent of participation of project affected people and the public in the EIA process
-Identify challenges and constraints in promoting meaningful and effective public participation
-Propose potential solutions to improving public participation
-Identify three case studies and a best case study to use as a show case
Expected Outputs:
-Level and extent of participation of project affected people and the public in the EIA process is assessed and analyzed
-The finding will be motivated for approving the national and regional public participation guideline in Cambodia
-Key recommendations will be developed and dialogued to the government agencies, civil society organizations, and the consulting firmsas well as investment agencies in order to improve the effectiveness of public participation
-Contribute to NRM for sustainable development
How it will be used?
-Key recommendations will be developed as a guidance/tool-tips
-For NGOF network and alliance to assess every EIA that been sent from EoM
-For Dialogue with relevant ministry MoE, MAFF, MiME, MLUPC…
-For Dialogue with private company and investment agency to hold accountable
-It is also possibility Affected communities at targeted area to use this guide/tool-tips to monitoring the EIA process and play-role as reporters or assistants of network that working on ELC, El and Hydropower dam construction
Scope of Assessments:
This assessment will exploreLarge scale development projects:
- Economic Land Concessions (ELCs),
- Extractive Industry/mining concessions
- and Hydropower Dam Projects
Methodology:
The assessment will be based on both qualitative and quantitative techniques, and on primary and secondary data.
-Desk review
-Field Assessment both Phnom Penh and selected provinces
-At least 15 casesof approved/being conducted EIA reportsof 217 IEIA/EIA reports will be sampled within such criteria:
- small and large scale in each theme
- Local and International companies
-Report and Summary paper will be narrative in both languages English and Khmer
-Identities of studied companies/projects and informants must be confidential in report
Target provinces:
-Mekong Forest Landscape Provinces (Economic Land Concessions-ELCs),
-Northeastern Provinces (Extractive Industry/mining concessions)
-Mekong Mainstream Dam and Tributary (Hydropower Dam Projects)
Timeline:
-Call for interest and recruitment process: 3 weeks starting from mid-October 2017
-Field Work: 6 November 2017
-Draft report: 5 January 2018
-Debriefing meeting: 10 January 2018
-Debriefing meeting to relevant ministries/departments: 10 January 2018
-Validation Workshop: 9 February 2018
-Present in Launching workshop:13 March 2018
Stakeholders/Key Informants:
-EIA Inter-Ministries Members (MoE, MAFF, MiME, MLUPC …)
-EIA Department/ Ministry of Environment
-Local authorities in specific project investment area
-Affected communities
-EIA consultants Firms
-Key and concerns DPs, CSO members (CDRI; DPA; NGOF…)
Deliverable:
-Report outlining assessment method to be used by the assessor and a final assessment work plan
-Complete data sets (database, filled out questionnaires, records of individual interviews and focus group discussion, etc.)
-A power point presentation of the assessment (methodology, findings, results, recommendations)
-A draft assessment report to be submitted for validation.
-A final assessment report to be submitted within 15 days after receiving synthesised comments on the draft. It should include: executive summary, description of assessment methodology, assessment of the methodology (including limitations), findings, analysis, conclusions, recommendations, and lessons learned, attachments with data collection instruments and other relevant information.
-Report and Summary paper will be narrative in both languages English and Khmer
Consultants and submitting Expression of Interest
The consultant will have: proven experience in NGO’s work evaluation, assessment, or survey; a degree in a development-related field, preferably at Masters level or higher; at least five years experience in development work, preferably including experience and understand contexts in Cambodia; at least five years experience in advocacy or NGO networking on NRM; strong cross-cultural understanding; excellent listening skills; excellent analytical skills; and excellent writing skills in English and Khmer; Operate relevant computers systems and software effectively; and ability to deliver result on time.
NGO Forum request for expressions of interest from individuals or consultancy firm with the experience and skills described above. The expression of interest includes:
- A cover letter introducing the assessor and how the skills and competencies described above are met and giving concrete examples.
- Curriculum Vitae detailing relevant skills and experience and including referees.
- Assessment project proposal including division of work in regards to time, focus, budget and a proper work plan.
Payment
The consultant fee will be paid in two installments of which the first installment (40%) will be paid when the consultant has submitted first draft of report which is satisfied by NGO Forum. The balance of the fee will be paid upon the satisfactory completion report of the assignment and submission of the consultant's invoice. The Consultant is free to hire additional consultants to join the team. This should be specified in the proposed budget. NGO Forum will, according to Cambodian tax law, withhold tax. The costs of local transport and accommodation can be included in the consultancy budget. These costs will not be subjected to tax payment if the consultant submits the actual receipts. NGO Forum is not responsible for international transport of the consultant.
Confidentiality
Confidentiality will be treated seriously by this evaluation, to make sure that all information gathered by this assessment will be strictly confidential, and the interview cannot be carried without a clear informed consent. This agreement must be made at the initial period of the interview session. A statement of confidentiality appears at every interview guide as it is important to remind all interviewers to inform their respondents/informant involved in this evaluation. Description of confidentiality principle will be shared more widely amongst the evaluation team.
[1] - JUNE 29, 2016 (
[2]
[3]Gender in EIA and Public Participation in Cambodia, 2016