meaningful stakeholder engagement in the extractive sector...
TRANSCRIPT
13th December 2017
Webinar GOXI Learning Series
NBSAP Forum
Meaningful Stakeholder Engagement in the
Extractive Sector – from Policy to Practice
Today´s Session
• What is meaningful stakeholder engagement?
• Why does it matter?
• How to develop an effective strategy?
• Case study from Kitui County, Kenya
• Key insights and comments
• Q&A
Mats Kullberg, Senior Advisor
Swedish EPA
What is Meaningful Stakeholder Engagement?
Participation
Inclusive
participation
Stakeholder engagement
Meaningful
stakeholder
engagement
Community
participation
Information
Consultation
Collaboration
Dialogue
Empowerment
• Participation is a core human right principle
• There can be no participation without
communication
• Failing to plan is planning to fail
Three key messages
ALL HUMAN BEINGSARE BORN
FREE AND EQUAL
Core Human Rights Principles
• Equality/non-discrimination
• Transparency/accountability
• Participation/inclusion
Key principles of good governance
• Accountability
• Transparency and access to information (A2I)
• Rule of Law
• Integration
• Coordination and Coherency
• Responsiveness
• Participation
The Rio Declaration, 1992
Principle 10
Environmental issues are best handled with
participation of all concerned citizens, at the
relevant level.
At the national level, each individual shall have
appropriate access to information concerning the
environment that is held by public authorities,
including information on hazardous materials and
activities in their communities, and the opportunity
to participate in decision-making processes.
States shall facilitate and encourage public
awareness and participation by making information
widely available. Effective access to judicial and
administrative proceedings, including redress and
remedy, shall be provided.
The Århus Convention, 1998
Article 1: OBJECTIVE
In order to contribute to the protection of the right of every person of present and future
generations to live in an environment adequate to his or her health and well-being, each
Party shall guarantee the rights of
access to information, public participation in
decision-making, and access to justice in
environmental matters in accordance with the
provisions of this Convention.
The Constitution of Kenya
Article 69 (1d) on obligations of the State in
respect of the environment:
The State shall… encourage public participation in
the management, protection and conservation of
the environment
69 (2) Every person… has a duty to cooperate with State
organs and other persons to protect and conserve the
environment and ensure ecologically sustainable
development and use of natural resources.
2017-12-13Naturvårdsverket | Swedish Environmental Protection Agency 12
Mining and the SDGs
• Mining impacts all 17 SDGs
• Mining impacts six goals most directly:
– SDG9 (Infrastructure, Innovation, Industrialization)
– SDG8 (Employment and Economic Growth)
– SDG7 (Energy Access and Sustainability)
– SDG6 (Clean Water and Sanitation)
– SDG15 (Ecosystem and Biodiversity Protection)
– SDG13 (Climate Action)
• Achieving resource-based development is challenging
• Enhanced partnership and dialogue will be critical for
miningSource: unsdsn.org, Mapping Mining to the SDGs – A preliminary Atlas
Participation is embedded in political realities and struggles
• The key defining element of participation is power
• Participation is situated in particular processes,
localities and actors
• Participation is invitational and not imposed
• Participation is contingent and dependent on how
we ´think participation´
Source: Evaluating communication for development, J, Lennie and Jo Tacchi
Source: Human rights-based approach to integrated
water resources Management, SIWI 2017
Source: Arnstein (1969)
Meaningful stakeholder engagement
• Two-way
• ‘Good faith’
• Responsive
• Ongoing
Source: OECD Due Diligence for Meaningful Stakeholder Engagement in the Extractive Sector, 2016
Planning ExplorationPre-feasabilty and feasability
Construction Operations Expansion Closure Post-Closure
Entry points for stakeholder engagement
• Activities
• Stakeholders
• Needs
• How to engage
Rose Kimotho, Consultant,
Human Rights and Business with the Danish Institute for Human Rights
Why Stakeholder Engagement Matters?
Why it matters?
• Understanding evolving interests, issues and concerns
• As concerns integrated and reflected in decision making, builds
confidence with community
• Legal requirement, ESIA, right to participation especially of special groups
e.g. indigenous people
• Collaborative problem solving – implies there are an ongoing relationship
structures
• Managing costs of conflict
Stakeholder Engagement: A Win-Win
Benefits to company
• Improved communication between stakeholders
• Access to critical information e.g. community experiences
• Improved risk management i.e. early detection
• Enhanced confidence by community = social license to operate
Costs of mine-community conflict
Benefits to communities
• Greater opportunity to contribute to policy/development
• Opportunity and ability to be heard
• Increased access to information
• Increased accountability of company to honor obligations
• Increased understanding of project; increased capacity to negotiate
• Identification of areas of mutual interest
Stakeholder Engagement: A Win-Win
Benefits to government
• Enhanced trust by the community
• Opportunity to learn about community concerns and integrate
them into policies and future contracts
• Opportunities for future projects
• Increased accountability of government to honor obligations
• Identification of areas of mutual interest
• Opportunity to partner with community in monitoring of the
project
Stakeholder Engagement: A Win-Win
Rose Kimotho and Mats Kullberg
Developing a stakeholder engagement strategy
Before you start
• What do you aim to achieve?
• What changes or products do you want to create?
• How will the changes/products benefit project operations?
• How will they benefit community?
• How will they benefit other partners?
Establish some principles
• To guide all aspects of the stakeholder engagement process
• Provide a consistent set of values and beliefs throughout the engagement
process
• Tool for self-reflection: how well current or past efforts of stakeholder
engagement align with stated principles
Some Principles
• Inclusivity
• Early start
• Engage for the long-term
• Engagement in good faith
• Transparency
• Two way communication
• Accountability
• Ensure its fit for purpose
• Adaptability
• Commit to the process
• Strive for mutual benefit
• Specificity
Example – OECD Due Diligence
• Step 1: Ensuring that personnel leading stakeholder engagement
understand the local and operating context
• Step 2: Identifying priority stakeholders and interlocutors
• Step 3: Establishing the necessary support system for meaningful
stakeholder engagement
• Step 4: Designing appropriate and effective stakeholder engagement
activities and processes
• Step 5: Ensuring follow through
• Step 6: Monitoring and evaluating stakeholder engagement activities and
responding to identified shortcomings
Failing to plan is planning to fail
Current situation Desired situation
Strategy to bridge
the gap
Strategic gap
Assess
• Purpose/problem
• Stakeholders
• Needs/perceptions
• Challenges
• Possible solutions
Design Strategy
• Objectives
• Target groups
• Levels of change
• Channels/Messages
• Indicators
Implement
• Workplan
• Activities
Monitor & Evaluate
Strategic Communication Planning
Adopted from: Paolo Mefalopulos -
Development Communication Sourcebook
Planning ExplorationPre-feasabilty and feasability
Construction Operations Expansion Closure Post-Closure
Entry points for stakeholder engagement
• Activities
• Stakeholders
• Needs
• How to engage
Planning
Exploration
Feasability
Construction
Operation
Expansion
Closure
Post-Closure
Stakeholder Engagement
Stakeholders and Needs
Mining Cycle
Local communities
Government
Local government
Private sector
Academia
Donors
Government agencies
NGOs
CBOs
Media
Knowledge Interest
Mandate
Attention
Knowledge
Understanding
Acceptance
Behaviour
RelationshipInformation
informare
”give shape”
reach out/disseminate
Communication
communicare
”doing together”
get through/dialogue
Information
informare
”give shape”
reach out/disseminate
Communication
communicare
”doing together”
get through/dialogue
Source: Communication, Education and Public Awareness (CEPA)
A Toolkit for National Focal Points and NBSAP Coordinators
Assess
• Purpose/problem
• Stakeholders
• Needs/perceptions
• Challenges
• Possible solutions
Design Strategy
• Objectives
• Target groups
• Levels of change
• Channels/Messages
• Indicators
Implement
• Workplan
• Activities
Monitor & Evaluate
Strategic Communication Planning
Adopted from: Paolo Mefalopulos -
Development Communication Sourcebook
Communication is a tool to create
participation, to achieve objectives and to
contribute to dialogue and good quality.
Bernard Mogesa, Principal Human Rights Officer
Kenya National Commission for Human Rights
Case Study
About Kitui County
• Kitui County covers an area of approximately 30,496.5 Km2. with a total
population of 1,012,709 (52% female, 48%) Its population density is 33
people per Km2 and a total of 205,491 households according to the 2009
census statistics.
• A large part of the county’s population consists of children aged between
0 – 14 years who make up 47 per cent of the total population. This is
largely due to a high fertility rate of 5.1 percent children per woman
against a national average of 4.6 percent.
• The County has a high poverty rate with a poverty gap of 22.2 against a
national average of 19 according to the Commission for Revenue
Allocation figures.
Case Study of Public Participation in Kenya
Coal Mining in Kitui County Kenya.
• Commercially viable coal deposits were discovered in Mui basin of Kitui County in
2010.
• A state of the County report was made available that provided information about
the coal mining project
• Kitui County government mobilized public participation via radios, television,
newspapers and other forums
• Phase one enlisted 500 key participants from professional bodies, religious
organizations, private sector, business associations, civil society and local
community were involved.
• Phase two public participation involved 700 participants. Phase three had 300
participants mainly youth.
Public participation cont’d
• The Government gazetted Liaison Committees for the project. These
committees were elected by communities living in the basin with the
mandate to represent them on matters relating to the coal project.
Petition in Court of Law
• Despite the three phases of public participation, the community raised a
petition in a court of law to determine whether there was adequate public
participation in the coal mining project.
• Based on the evidence and the numbers of participants and forums for
public participation, the court found that there was adequate public
participation for the coal mining project.
• The community was not satisfied with the ruling and appealed. The basis
for this is a follows:
Petition in Court of Law cont’d
• Protection of cultural heritage: It was not clear how the cultural heritage
would be preserved.
• Benefits sharing mechanisms: There was no clear compensation
framework based on the market value of the land and other developments
by the community. In addition, the job opportunities to the local community
was not clearly prioritized.
• Land adjudication. 83% of the locals have not titles to their land and fears
of cartels taking over and freezing the land owners.
• Community fears and expectations: The impact of the project on the
community had not be disclosed.
Current Status
• There were supposed to be community development agreements signed
but this did not happen
• The liaison committee set up held a few sessions in Nairobi and not in the
county where the project is supposed to take pace. In addition the
mandate expired and has not been renewed.
• The mining license has expired and so far no renewal has been made.
• In summary, there is no mining activity going on in the Mui basin.
END
Kate Kopischke,
Independent mediator and dialogue facilitator
Key insights and comments
Q&A