law, justice and development week 2011 innovation and empowerment for development november 14-17,...
TRANSCRIPT
![Page 1: LAW, JUSTICE AND DEVELOPMENT WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT November 14-17, 2011 Washington DC LJD LAW JUSTICE and DEVELOPMENT](https://reader035.vdocuments.us/reader035/viewer/2022070307/551a163655034646638b45c4/html5/thumbnails/1.jpg)
LAW, JUSTICE AND DEVELOPMENT WEEK 2011
INNOVATION AND EMPOWERMENTFOR DEVELOPMENT
November 14-17, 2011 Washington DC
LJD LAWJUSTICE andDEVELOPMENT
![Page 2: LAW, JUSTICE AND DEVELOPMENT WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT November 14-17, 2011 Washington DC LJD LAW JUSTICE and DEVELOPMENT](https://reader035.vdocuments.us/reader035/viewer/2022070307/551a163655034646638b45c4/html5/thumbnails/2.jpg)
“Three to Tango”
Camilo Azcarate, ManagerOffice of Mediation Services (MEF)
World Bank Group
“Stakeholder participation in Environmental and Social Dispute Resolution Processes”
2LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT
![Page 3: LAW, JUSTICE AND DEVELOPMENT WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT November 14-17, 2011 Washington DC LJD LAW JUSTICE and DEVELOPMENT](https://reader035.vdocuments.us/reader035/viewer/2022070307/551a163655034646638b45c4/html5/thumbnails/3.jpg)
Farallones National Park Los Andes, Colombia -1993
LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT 3
Located: SW of Colombia, between Valle del Cauca and Pacific Ocean 206,500 hectares , 30 rivers. Designated as a National Park in 1968 Hundreds of species of flora and fauna, some unique/ endemic Los Andes
– 3,300 inhabitants – Activities: subsistence agriculture, logging, mining in the Farallones area
Issues– land use, titles and possessions not regularized– Water quantity/ quality – Later: illegal mining using mercury and cyanide
![Page 4: LAW, JUSTICE AND DEVELOPMENT WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT November 14-17, 2011 Washington DC LJD LAW JUSTICE and DEVELOPMENT](https://reader035.vdocuments.us/reader035/viewer/2022070307/551a163655034646638b45c4/html5/thumbnails/4.jpg)
LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT 4
Direct Negotiations (attempt)– Initiated by local government– EMCALI (water utility)– Local community
Trainings provided in negotiation to local community leaders in “Los Andes” Challenges: community stakeholders not engaging, high levels of distrust, security
issues
Photos: “El Pais”, Cali, Colombia
Farallones National Park Los Andes, Colombia -1993
![Page 5: LAW, JUSTICE AND DEVELOPMENT WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT November 14-17, 2011 Washington DC LJD LAW JUSTICE and DEVELOPMENT](https://reader035.vdocuments.us/reader035/viewer/2022070307/551a163655034646638b45c4/html5/thumbnails/5.jpg)
Housatonic River Pittsfield, MA- 1997 -2011
Pittsfield– Located in Berkshires, East end of Massachusetts– Population 45,000 , per capita income $20,000/year– “Company Town”: GE was employer of choice for decades
Issue:-PCB Contamination– 1930’s – 1970’s: leaking of PCB’s into Housatonic River– 1990’s: Community created stakeholder groups (i.e. Housatonic River Initiative) to
advocate for clean-up efforts– 1997: EPA plan to designate as “Superfund”
LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT 5
![Page 6: LAW, JUSTICE AND DEVELOPMENT WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT November 14-17, 2011 Washington DC LJD LAW JUSTICE and DEVELOPMENT](https://reader035.vdocuments.us/reader035/viewer/2022070307/551a163655034646638b45c4/html5/thumbnails/6.jpg)
Housatonic River Pittsfield, MA -1997 -2011
Mediation– Between GE and local, state and Federal government and agencies.– Agreement (Consent Decree) completed in 1999
Challenges: – community felt “left out” of mediation (i.e. HRI)– high levels of anger/ distrust towards GE – complex/ long-term implementation with different alternatives for remediation
Facilitation:– Creation of a facilitated “Citizen’s Coordinating Council” (CCC)– CCC facilitated originally by MODR, currently by CBI
Clean-up and facilitated CCC is on-goingLJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT 6
![Page 7: LAW, JUSTICE AND DEVELOPMENT WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT November 14-17, 2011 Washington DC LJD LAW JUSTICE and DEVELOPMENT](https://reader035.vdocuments.us/reader035/viewer/2022070307/551a163655034646638b45c4/html5/thumbnails/7.jpg)
Motorsports ParkImmokalee, FL -2001
Immokalee– Collier County, SW Florida– 4,000 families– 39% below poverty line, mostly agricultural laborers
Issue: noise/ environmental impact– Current activities include weekend drag racing in the location of local airport– 2000: proposal for the creation of Motorsports Park,– Community concerns with current and future noise impact– Economic Development impact of Motorsports Park
LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT 7
![Page 8: LAW, JUSTICE AND DEVELOPMENT WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT November 14-17, 2011 Washington DC LJD LAW JUSTICE and DEVELOPMENT](https://reader035.vdocuments.us/reader035/viewer/2022070307/551a163655034646638b45c4/html5/thumbnails/8.jpg)
Motorsports ParkImmokalee, FL 2001
Facilitation– Community Advisory Committee, comprised of Key Stakeholders: community
leaders, business leaders, government officials– “Advisory” role – Selection of Acoustic Engineer for analysis regarding: current noise levels, projected
sound levels and effectiveness of proposed measures to reduce noise Noise Impact Evaluation
LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT 8
![Page 9: LAW, JUSTICE AND DEVELOPMENT WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT November 14-17, 2011 Washington DC LJD LAW JUSTICE and DEVELOPMENT](https://reader035.vdocuments.us/reader035/viewer/2022070307/551a163655034646638b45c4/html5/thumbnails/9.jpg)
Lessons Learned
LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT 9
Lesson 1: Importance of availability of professional, independent providers of “neutral services” for assessment, design and implementation
Lesson 2: Importance of Assessing the situationWho is a Stakeholder?- Who is/ will be impacted? - Who has a role in implementing ?- Who must agree ?- Who can block ?Key questions: Are stakeholders well defined? Do they have spoke-persons? Are they
sufficiently organized to engage? Do they have the resources needed to participate is the process?
![Page 10: LAW, JUSTICE AND DEVELOPMENT WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT November 14-17, 2011 Washington DC LJD LAW JUSTICE and DEVELOPMENT](https://reader035.vdocuments.us/reader035/viewer/2022070307/551a163655034646638b45c4/html5/thumbnails/10.jpg)
Lessons Learned
LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT 10
What are the Issues?- What are the principal issues?- What are the secondary issues?- How do the parties perceive the issues?- What is the most constructive way to define the problem (framing)?- What are the interests of each party?Key questions: Do the stakeholders have interests in common? Do they have a sense of
interdependence?
Relationship/ Process- What is the past history of interaction/ relationship between the parties? - Has some form of dispute resolution been attempted in the past? Have options for solutions been
explored in the past?- What do parties think about using some form of dispute resolution?- Is engagement in the interests of the parties (BATNA)?- Would there be constraints on an attempt to use possible dispute resolution - timing, legal
considerations, others?
![Page 11: LAW, JUSTICE AND DEVELOPMENT WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT November 14-17, 2011 Washington DC LJD LAW JUSTICE and DEVELOPMENT](https://reader035.vdocuments.us/reader035/viewer/2022070307/551a163655034646638b45c4/html5/thumbnails/11.jpg)
Thank you!
LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT 11