Environmental Impact Assessment as a planning tool and its effectiveness

1. ENVIRONMENTAL PLANNING IN
RWANDA:
ENVIRONMENTAL IMPACT ASSESSMENT
(EIA) AS A PLANNING TOOL AND ITS
EFFECTIVENESS
Theobald MASHINGA
Rwanda Environment Management Authority (REMA)
Rwanda.
IAIA 07, Seoul, Korea
3rd -9th ,June 2007

2. Presentation Outline
 Definition of EIA;
 Historical Background and Context of
EIA in Rwanda;
 Policy and Legal Framework on EIA;
 International Context of EIA;
 EIA Practice in Rwanda:
 EIA Process and Procedures in Rwanda

3. Presentation Outline (Cont…..)
 The EIA Process in Practice;
 Challenges to operationalise EIA:
 Screening;Scoping and Terms of
Reference; Quality of the EIAs ;
 Decision-making and appeals against
decisions; Inadequate expertise

4. Presentation Outline (Cont…..)
 Public Participation; Data Inadequacy;
 Cost of Conducting EIA and Processing
Fees;
 Opportunities for Improving the EIA
Process:
Publicizing and developing the EIA
Legislation; Private Sector and Public
Participation

5. Presentation Outline (Cont…..)
Environmental Management Plans and
Audits; Strengthening Public Private
Partnership;
 Promoting and Developing Capacity
Building; Strengthening Enforcement
Mechanisms;
 Conclusion

6. Definition of EIA
 EIA is defined as a systematic process
to identify, predict and evaluate the
environmental effects of proposed
actions and projects. This process is
applied prior to major decisions and
commitments being made, and particular
attention is given in EIA practice to
preventing, mitigating and offsetting
the significant adverse effects of
proposed undertakings.

7. Historical Background and Context of
EIA in Rwanda
 The EIA adoption in Rwanda was triggered by
environmental challenges posed by
environmental degradation:
 soil erosion;
 Deforestation;
 wetland drainage;
 water degradation;
 climate change, and
 the loss of biodiversity.

8. Historical Background and Context of
EIA in Rwanda (cont……..)
 These problems are exacerbated by:
 low levels of environmental awareness;
inadequate technical & human resources;
low intra-sectoral coordination on
environmental issues.
 Various initiatives taken by the GoR to
address the environmental issues
include:

9. Policy and Legal Framework of EIA
 Formulation of environmental policy (2003);
 enactment of environmental Organic law No.
04/2005 of 08/04/200 (2005;
 established Rwanda Environmental
Management Authority (REMA), to coordinate
and oversee all aspects of environmental
management for sustainable development).

10. Policy and Legal Framework of EIA
 The Constitution of the Republic of Rwanda,
adopted in June 2003, ensures the protection
and sustainable management of environment;
and
 encourages rational use of natural resources;
 other socio-economic development policies
and strategies such as “Rwanda Investment
and Exports Strategic Action Plan, 2005-2007”.

11. Policy and Legal Framework of EIA
cont………..
 “Vision 2020” calls for a well regulated
environment management system that takes
into account principles of sustainable
development; and
 at the same time contributing to poverty
reduction;
 Article 67(organic law) requires that projects,
programmes and policies that may affect the
environment shall be subjected to
environmental impact assessment before
obtaining authorisation for implementation.

12. International Context of EIA
 EIA process operates within the global concept of
sustainable development;
 embrace commitment to international environmental
conventions particularly:
 United Nations Conference on the Human
Environment (Stockholm 1972);
 United Nations Conference on Environment and
Development (UNCED 1992);
 the world Summit on Sustainable Development
(WSSD 2002);
 African Ministerial meeting on Environment held in
Durban, South Africa (1995) to all of which, Rwanda
is a party.

13. Why adopting EIA System in Rwanda?
 Adaptation of EIA in Rwanda hinges on its
importance as:
 a key component of a more systematic and
objective approach to environmental issues;
 provides a framework for promotion of
efficient decision-making in project approval;
 enables implementation of environmental
safeguards to mitigate significant negative
impacts;
 avoid ecological damage and large-scale
irreversible loss of natural resource.

14. Why adopting EIA System in Rwanda?
(cont)…
 an invaluable tool for environmental
management in a trans-boundary context;
 plays the role of information dissemination
between Rwanda and neighbouring countries;
 widens the scope of understanding the
impacts beyond its boarders;
 provides a basis for future international
cooperation and conflict resolution concerning
environmental impacts at a regional level.

15. EIA Practice in Rwanda
 Under the present legislation, several
government departments, private companies,
and parastatal organisations undertake EIAs;
 that some forms of environmental
assessments have occasionally been carried on
development initiatives (WB & ADB funded
projects) prior to its systematic
institutionalisation;

16. EIA Process and Procedures in Rwanda
 REMA established under article 63 of the
Organic Law (No. 04/2005 of 08/04/2005) is
charged with the responsibility to oversee,
co-ordinate and supervise the
operationalization of the EIA process;
 Under Article 65 of the Organic Law, the law
provides that a project cannot receive
authorization for implementation unless
issued with a certificate of clearance (EIA
Certificate of Authorisation).

17. EIA Process and Procedures in Rwanda
(cont…….)
 EIA process involves the following four stages,
namely:
1. the Environmental Impact Initiation phase, which
involves: screening and scoping;
1. the Impact Study Phase, which includes: impact
identification and analysis, development of mitigation
measures and preparation of the report;
1. The decision-making & authorization phase entails
review of EIA reports leading to decision-making;
1. environmental management Plan and follow-up phase:
deals with monitoring and costing of activities of the
project during its implementation

18. EIA Process and Procedures in Rwanda
(cont…….)
 The law provides that an EIA must be conducted
before a developer implements a project;
 in situations where projects are already implemented
(before coming into force of the Organic Law of May
1st, 2005), such projects must undertake an
Environmental Audit to ensure environmental
compliance;
 EIA Process starts with a Developer submitting an
application for EIA of a proposed project to REMA in
form of a Project Brief.

19. EIA Process and Procedures in Rwanda
(cont…….)
 REMA registers the Project Brief as the developer’s
formal application for an EIA;
 The purpose is to enable the Authority (and Lead
Agencies ) establish whether or not the proposed
activities are likely to have significant environmental
impacts;
 to determine the level of EIA required (screening);
 If adequate mitigation measures are identified in the
Project Brief, this may eliminate the need for a full
EIA and a project may be approved with or without
implementation condition .

20. EIA Process and Procedures in Rwanda
(cont…….)
 The EIA Procedure Guidelines categorises
projects into three categories or sometimes
referred to as levels of impact:
 Category 1 (Impact level 1): Full EIA not
required. REMA advises on the appropriate
environmental management measures (plan);
 Exercise may take 18 days from the day
received the project brief;( days may be less
or more depending on the nature of the
project)

21. EIA Process and Procedures in Rwanda
(cont…….)
 Category 2 (Impact level 2): ):
projects under this category are screened to
determine whether or not a full EIA is
needed. In this connection, REMA provides
the developer with clear indication of the
additional information required. Once this
information is received, REMA will determine
whether or not a full EIA of the project is
needed.

22. EIA Process and Procedures in Rwanda
(cont…….)
 Category 3 (Impact level 3):
Full EIA is required. Projects in this category
include; urban development, Construction and
rehabilitation of trunk roads (transportation),
dams and artificial lakes, rivers and water
resources, airport, railways, Construction of
huge buildings, fisheries (commercial), mining,
forestry related activities, agriculture,
processing and manufacturing industries,
electrical infrastructure,

23. EIA Process and Procedures in Rwanda
(cont…….)
 construction of pipelines, construction of
petrol stations, Construction of Coffee
washing stations, and waste disposal facilities;
 REMA in addition to the mandates of
administering and supervising EIAs, it has
also power or responsibility to issue a permit
or licence normally referred to in Rwanda as
EIA Certificate of Authorisation .

24. Challenges to operationalise EIA
 the current check list form being used is
subjective and tend to focus on industrial
processes and inappropriate for non-industrial
projects;
 The applicant is required to produce project
brief, which takes more time and cost to
prepare;
 The other area that requires more focus is to
determine the threshold value judgement
that must be applied to EIA on case-by-case
basis.

25. Scoping and Terms of Reference
 The main output of the scoping exercise is to
determine the ToR for the EIA study;
 The practice in REMA is that, the ToR are
either prepared by the developer or produced
by REMA;
 If the ToR is produced by the developer the
condition is that the ToR must be submitted
to REMA for endorsement;
 This seem to be very limiting and time
consuming, perhaps REMA should revisit the
process and leave the responsibility of
producing the ToR to the developer

26. Quality of the EIAs
 The quality of EIRs varies and this is
because some are prepared merely to
obtain EIA Certificate of clearance;
 Some of the EIR are hurriedly done,
resulting into rejection and others
subjected to redone;
 Rejection of the EIRs creates problem
between the developer and EIA experts as
the developers in most cases are adamant
to pay the EIA expert on ground that the
EIR is substandard because it has been
rejected by the authority (REMA).

27. Quality of the EIAs
 on the basis that EIA is still new in Rwanda ,
the latter has been encouraging as many
individuals as possible to participate in
carrying out EIAs, this created problem of
increasing number inexperienced practitioners
whose quality of work is of poor quality;
 More often application of EIA is done after
project development has commenced, while
others apply as consequence of the project
having been halted by regulatory authorities
(many cases). This do not allow opportunity to
address the impacts that would have been avoided.

28. Decision-making and appeals against
decisions
 the Government has an appeal system under
which the developer can abandon the project,
improve and resubmit a revised EIA report or
appeal to the Minister for environment;
 This approach has not been tested as yet, but
given that REMA is an affiliated organisation
under the Ministry of Lands, Environment,
Forestry, Water and Mines (MINITERE)
there can be a tendency of biasness in terms
of decision

29. Inadequate expertise
 Lack of capacity in both Government and the private
sector to prepare quality EIRs;
 This problem is compounded by increasing demands
placed upon REMA by new development initiatives
especially in areas of great economic activity such as
methane (CH4) gas, and various donors and
development agency requirements;
 training needs that have been expressed by many
staff include formal training on EIA, SEA techniques
and assessment of trans boundary and cumulative
effects in the EIA process.

30. Cost of Conducting EIA and Processing Fees
 The levy for processing EIA that needs to be
fixed by law establishing the National Fund
for the Environment is not yet in place;
 the draft bill proposes the levy to be 0.01%
of the amount invested excluding the
operating cost;
 The authority (REMA) is still depending on
the ordinary budget from the government,
which is not sufficient.

31. Opportunities for Improving the EIA
Process
 publicize the environmental organic law,
developing new legislations and Ministerial
orders;
 increasing private sector and public
participation in the process;
 Developing EIA Audits Guidelines and
conducting EIA Audits;
 strengthening the private-public partnership;
 promoting and supporting capacity building;
 strengthening and developing enforcement
mechanism

32. Conclusion
 ownership of EIA process need to be realised
through increasing capacity both at REMA
and district levels,
 Awareness and sensitization of stakeholders
to the concepts and principles of EIA;
 legal instruments and enforcement
mechanisms to be put in place to assess and
control implementation of auditing activities
and monitoring plans;

33. Conclusion (cont….)
 improve public participation and make members of the
public feel they are important and needed in the EIA
process so as to attract their interest and
participation;
 Government of Rwanda need to take the leading role
in financing EIAs, majority are financed through loans
from financial institutions;
 Government need to take its international
commitments and agreements to ensure that
environmental concerns are integrated in the
development process;
 Develop effective EIAs research – information
sharing networks, exchange of knowledge and
experience, linking local, national sub –regional and
regional institutions. These are essential for capacity
building

34. THANK YOU