This document discusses the importance of consultation and public participation (CPP) in Environmental Impact Assessment (EIA), emphasizing the need for inclusive decision-making processes that consider the views and concerns of all stakeholders. It outlines the evolution of CPP, its key principles, approaches, and the various challenges encountered in its implementation. The document aims to educate course participants on the relevance and effectiveness of CPP in ensuring sustainable development and mitigating potential conflicts arising from development projects.

1. CONSULTATION AND PUBLIC PARTICIPATION (CPP)
IN
ENVIRONMENTAL IMPACT ASSESSMENT (EIA)
Rosemary M. Matheka
E-MAIL: rmwende@must.ac.ke

2. Prelude
“Ok. The data is lousy. But it is all we’ve got” (J.G. Gill, 1992).
“It is clear that a lack of opportunity for self-determination and a vulnerability to risk
are perceived by the poor as most important, but these factors are often ignored
by outside agencies” (John Clark, 1991: 22).
“Not-only do urban-based professionals and officials often not know the rural
reality; worse, they do not know that they do not know” (Robert Chambers,
1983:6).
“Look here, this recent report of the household survey by Central Bureau of Statistics
indicates that the income of this community has increased by 6% over the past 5
years,” Remarks The District Development Officer. But the Village Elder retorts,
“Go back and do another survey.”
Agency X builds 250 toilets to improve sanitation in community Y over a 5-yr period.
At the end, only 70 (28%) are in use, out of which 35 (50%) have become an eye-
sore.

3. What do the above remarks
conjure in your mind?
(a) ………………………………………………………………
(b) ………………………………………………………………
(c) ……………………………………………………………….
(d) ……………………………………………………………….
(d) ……………………………………………………………….
(e) ……………………………………………………………….

4. Now Check Out (√) your response(s)
(a)Public judgement holds for the true validity of expert-driven
results for decision making & user acceptance.
(b)Experts are at a risk of not capturing the true (innate)
concerns of the public.
(c)Expert background and context of inquiry/assessment counts
in the shaping of opinions and expert judgement.
(d)Field data and statistical pronouncements may part ways with
the subject’s opinion about the reality.
(e)Even highly ambitious, well intended and carefully theory-
bound projects may not necessarily win the endorsement of the
target persons.
(f) Other (specify) …………………………………………..

5. Expected outcomes
Course participants are expected:
To gain familiarity with evolution, structures
and principles that underpin CPP in EIA/EA;
To highlight the focus and objectives of CPP in
EIA/EA;
To be familiar with methods and tools in the
conduct of CPP in EIA/EA;
To underscore the relevance and effectiveness
of the CPP component of EIA/EA
To be equipped with knowledge and skills
useful in determining & addressing weak links
to effective CPP undertakings in EIA/EA.

6. STRUCTURE OF THE PRESENTATION
Background to CPP
Focus/objectives of CPP in EIA/EA
CPP Approaches
Key CPP Stakeholders in EIA
Stages of CPP in EIA
Importance of CPP in EIA/EA
Challenges for effective CPP in EIA/EA
Towards effective CPP for EIA/EA.

7. 1.0 INTRODUCTION & BACKGROUND
1.1 Introduction
1.1.1 What is public participation?
The construct PUBLIC has its roots in the Latin Populus which means “people”. In
the context of EIA/EA, it constitutes a section of the community or actor
agencies /authorities having a particular interest in (stakeholders) or are likely
to affected by the process and outcomes of the proposed project/intervention.
Thus conceived,
Public participation can be understood as: A dialogue between the public (including
relevant authorities/entities) and the proponent during the decision-making
process about an intervention (policy, programme, plan or a project).
Note: “the public and relevant authorities/entities (the later commonly conceived
as ‘stakeholders’)” MUST be people or actors with an innate interest in the
intervention and/or are likely to be [favourably or adversely] affected by the
proposal.

8. 1.2 Evolution of CPP in the global development order
The idea of public participation is grounded in inclusive/horizontal development
thinking that arose in the late 1960s following the dissatisfactions with
inclinations to linear and overtly expert-driven planning and implementation of
social and economic actions.
{Note the absence of environmental perspective here, and recall the US 1969
experience with public outcry manifested in environmental movements/pressure
groups, NGOs- and characterised by a protest culture that demanded public
inclusion and participation in environmental decision making {Joe Weston, 2004
–”EIA in a Risk Society” Jnl. Of Env. Plan & Mngt., 47:313-325 )}
Central to CPP is the concept of democratic/liberal approach to development (Clark,
1992) that began in the 1970s upon publication of evaluation studies that
questioned effectiveness and relevance of massive financial resource input to
development projects that failed to substantially transform the lives of primary
target populace.

9. CPP evolution cont..
Championed by influential actors in the development space,
notably the World Bank and GTZ, the participatory paradigm
emphasises pursuit of bottom-up as opposed to top-down
approaches to development planning and decision making
processes (Note: Think deeper about the distinction between
these paradigms).
Over nearly the past four decades, the participatory paradigm
has been a dominant axiom in development research and
actions as well as related policy formulations and legal
frameworks framing, including the environmental
sustainability domains (for details, read the works of Robert
Chambers [e.g., 1983, 2007]; John Freidman, 1992; John Clark
[e.g., 1992]; Andrea Cornwall [e.g., 1992]; Irene Guijt [e.g.,
1992, 1995], and IDS PRA publications).

10. CPP evolution cont…
Following the emergence and increasing acceptance of SD
concept as grounded in the 1987 WCED Report and the 1992
Rio Declaration and Agenda 21, and affirmed in the 1994
WSSD, public involvement has come to be viewed as an
indispensable condition for the attainment of the triple-
bottom-line objectives (social, economic and ecological) of
sustainability:
The Goals and Principles of EIA adopted by UNEP (1988)
stipulates, inter alia, that, “…the concerns and points-of-view
of all the various groups interested in and affected by the
project should be taken into account throughout the EIA
process”.

11. 3.0 The Focus of CPP Process
 Inform stakeholders about the project proposal and its likely social, economic &
environmental implications.
 Gathering diverse concerns (views & opinions) and value positions relating to the
project, including their perspectives on possible mitigation measures (where
applicable).
 Setting ground for incorporation of multiple dimensions of public concerns in
decision making and actions on the project.
 Soliciting additional insights about design of the project with a view to discern
potential aspects for change towards accelerating the relevance & effectiveness
of the project.
 Capturing local/indigenous knowledge & baseline information with a view to
determine their relevance to pragmatic setting and implementation of project.
 Underscoring the determinants of public commitment to & drivers of confidence
in the project.
 Identifying potential areas for conflicts & seeking practical directions for
addressing them.

12. 4.0 Underpinning CPP Principles
In a nut shell, the CPP process should be:
 Inclusive – involving all stakeholders.
 Open and transparent – steps and activities are clearly articulated and
understood to the public/stakeholders.
 Relevant – focused on the issues that matter.
 Fair – conducted impartially and without bias toward any stakeholder.
 Responsive – to stakeholder requirements and inputs e.g., use of
structured and semi-structured questionnaires, emails, local language, etc.
 Credible – builds confidence and trust.

13. 5.0 CPP APPROACHES & DATA SOURCES
 Use of Community based Environmental Sustainability
Pressure Outfits (Lobby Groups, Movements, Networks,
NGOs, Professional Associations, Think Tanks, etc.)
 Organised discussions/dialogues on the proposed project
 Notifying the public about the project and enlisting their
written or verbal comments through various information
media/exchange pipelines (social media outlets,
newspapers, drop-off notes, telephone calls, radio/TV
calls [talk] shows, etc.).
 Open public meetings and public hearings on the project.
 Participatory/Operations research and evaluation studies
with a focus on triangular (mixed) data collection and
analysis through to feedback mechanisms

14. 6.0 Key CPP Stakeholders in EIA
Local people directly affected by the proposal
Proponent and indirect project beneficiaries
Government agencies (both in the policy
formulation, legal enforcement and capacity
strengthening realm)
NGOs/interest groups
Others (e.g., funding agencies/donors, the
private sector/business community[corporate
actors], academics, professional associations,
think tanks, mass media outlets
{Food for thought: What would be the
contributions from each of these constituencies
to the CPP process in an EIA exercise?}

15. 7.0 Stages of CPP in EIA
7.1 In Sum:
(i) Before Conduct of EIA: During the conception and
planning stages including screening, and before actual
conduct of EIA.
(ii) During Conduct of EIA study: field data collection &
analysis through to scoping an decision making levels.
(iii) During EIA Report Review for decision making by
competent authority: Through provision of written or
verbal comments on EIA Reports; participation in public
hearings.
(iv) After decision making: the proponent may communicate
the outcome of EIA decisions and subsequent actions to
the public.

16. 7.2 Thinking broadly about CPP Steps in EIA
assignments
1. Navigate the relevant legislative requirements- an important starting point.
2. Explore the project context (field screening) and make the decision to start/
carry out a CPP exercise.
3. Underscore the salient baseline information/details.
4. Define the scope and objectives for the CPP
5. Identify pertinent participants/stakeholders & underscore the dimension of
perspectives to be obtained from each participants/stakeholder category
6. Determine the methods to be employed
7. Develop and fine-tune the tools to be used.
8. Prepare the public/stakeholder engagement work plan plan/schedule.
9. Collect, collate & analyse the data
10. With the aid of the Scoping Matrix, interpret results, make
recommendations (for mitigation measures) and document the findings for
decision making (input to the EMP).

17. 8.0 IMPORTANCE OF CPP IN THE EIA PROCESS
 Ensures that social, economic and environmental concerns
are integrated at all phases of the project, hence, reduces
conflicts and pressure from local communities.
 Fosters a bottom-up approach to decision making about
the project, rather than rely on assumptions, thus ensures
effective participation of all interested parties in the
project; generators of ideas for progress rather than mere
consumers of the benefits associated with the project.
 Enhances a sense of community/public ownership of the
intervention, and sets a ground for promoting rapport and
support for the project, its acceptance & sustainability
(how??).
 Improving transparency and accountability in decision-
making as it minimises suspicion on the decision
ultimately taken (N/B: Central to the utility of CPP is trust
and accountability to the public).

18. IMPORTANCE OF CPP IN THE EIA PROCESS Cont.
 Promises to avert costly impacts of development projects to the
environment and communities as risks can be identified early
enough and precautionary measures taken.
 CPP promises efficient implementation as existing support
systems and services are identified and negotiated during the
consultations.
 Enhances prospects for compliance with legal environmental
standards and requirements, hence higher prospects for smooth
implementation of the project.
 Usually, it largely acts as a mitigation exercise because potential
threats are explored with insiders.
 Ensures that the decisions regarding the interventions are
proactive rather than reactive.
 Enhances the relevance and effective delivery of the
project/programme.
 Provides supplementary baseline information for future review of
project performance.

19. 9.0 CHALLENGES FOR EFFECTIVE CPP IN THE EIA PROCESS
Although a crucial component of an EIA process, CPP in most cases is not
adequate. This unmet need for effectiveness is attributable to a variety
of factors:
 Limited time and money required to organise and facilitate an
elaborate CPP exercise.
 Literacy trade-offs amongst stakeholders.
 Language barriers, where the report is written in a highly technical
language not readily comprehensible.
 Different professional and expertise orientations of participants.
 Education/Schooling variances, unequal awareness levels and
derogatory attitudes towards environmental resource exploitation
drawn from anthropocentric traditions, what Lason Moore (2015,
2016) calls the cult of “cheap nature” thinking; especially in scenarios in
which the proposed project is highly technical in outlook. The tradition
of passive attitudes may mean that only a few vocal NGOs and
interested members of the public will participate.
 Religious and cultural differences

20. CHALLENGES FOR EFFECTIVE CPP IN THE EIA PROCESS cont.
 Gender disparities in the structure of societal roles: these define
who should be available where, when, why and speak about
what.
 Physical/remote access due to unlevelled transport and
communication networks or infrastructure, including the digital
technology divide in the contemporary knowledge societies.
 Diverse Political standpoints, institutional inertia/rigidities and
weak administrative capacities.
 Weak legislative frameworks, unspecified environmental targets
and absence of regulations and procedures governing the pursuit
of CPP (the later has historically been a major drawback for
application of EMCA to CPP in EIA processes in Kenya .
 Lack of reflexive policies and legal bases for CPP
 Insufficient information about proposed development projects
owing to the tradition of overtly limited public debate on
development issues.

21. FOOD FOR THOUGHT
An international NGO intends to set up a
Cultural and Learning Centre in your local
village market. You have been hired to
conduct the EIA for this project. Highlight the
typology of public concerns various
stakeholders/members of the public consulted
are likely to highlight. (20 Marks).
__________END____________