“Strategic technical assistance to improve the effectiveness of African EIA systems” Mark Stoughton, Ph.D. UNECA–CLEAA Experts’ Workshop 12 & 13 April 2007  Addis Ababa A CLEAA Proposal:

Assessing Mali's EIA system2 Overview CLEAA provides subsidized technical assistance to to improve the effectiveness of national EIA systems  Outputs: develop specific, realistic recommendations and a plan of action; ongoing assistance for implementation possible  Prerequisite: key leadership is committed to improving EIA system effectiveness.  Scale: Envisioned as a continuing activity; near-term goal is to engage with 6-8 national systems over the next 2 years.  Non-exclusive focus on (1) the critical regulatory functions of EIA review and follow-thru, (2) public participation, and (3) financial sustainability.  The TA delivered by African expert teams sourced from the CLEAA network.

Assessing Mali's EIA system3 Premise  A number of countries recognize the need to upgrade their EIA systems  These systems were often put in place with insufficient attention paid to review, follow-thru, financial sustainability, and participation;  Experience shows that these issues:  are critical to the regulatory effectiveness of EIA systems  are often the most technically and institutionally complex elements of the EIA process to implement  Resource and institutional constraints are real, but significant, sustainable improvements to the effectiveness of these systems are possible and realistic; and  Such improvements (regulatory, institutional, and other) are best identified by applying African knowledge & experience  CLEAA’s network provides a unique locus of such African expertise

Assessing Mali's EIA system4 Pilot assessment: Mali  Mali assessment conducted with funding from USAID/Mali, adapting the methodology and assessment framework developed for an earlier version of the CLEAA proposal  March—November 2006

Assessing Mali's EIA system5 Scaling up the Mali pilot: Charge/scope  Mali pilot: “ An assessment of Mali’s EIA system; the development of recommendations to enhance its effectiveness; and the development of options for funding EIA review, EIA follow-up, and environmental management activities more generally”  The proposal: Retain duel focus on funding mechanisms AND institutional/regulatory questions

Assessing Mali's EIA system6 Scaling up the Mali pilot: Assessment framework  Mali pilot: see following slide  The proposal: Framework for Mali pilot, refined based on input during this workshop.

Assessment framework screening Projects (& policies) in development EIA review Monitoring & enforcement In practice, do all eligible projects actually enter the EIA process? Are terms of reference appropriate? Is the preparation... technically competent in conformity with the terms of reference? In conformance with ethical standards (including public participation)? Does the EIA system require EIAs for all “high risk” projects? To reduce burden on regulators and project developers, are there non-EIA alternatives for small-scale or “standard” activities? Is compliance with the environmental management requirements established by the EIA monitored? Is there an effective mechanism for enforcement or corrective action? Is there close integration with sectoral pollution control and land use regulations? EIA development In practice, does the review process compel changes in activity design or add mitigation measures and conditions? Is review technically competent? Is review expeditious? Are decisions ethical? Does review incorporate the results of public participation? In practice, does the review process compel improvements to the EA itself? Key regulatory decision-making Is the overall performance of the EIA system monitored? approval EIA rejected Changes to project design Changes to EIA Project development Construction & operation In practice, is an approved EIA required to implement the project?

Assessing Mali's EIA system8 Scaling up the Mali pilot: Government commitment  Mali pilot: Executed in cooperation with Mali’s Ministry of Environment & active involvement of senior officials in the Cabinet (Minister’s office).  The proposal: Strengthen requirements for government commitment. Credible commitment to improving EIA system effectiveness is required, including in-kind contributions and a willingness to consider regulatory changes and. This will require a plan for following-thru on recommendations made.

Assessing Mali's EIA system9 Scaling up the Mali pilot: Assessment team  Mali pilot: Director-general, Madagascar ONE Environmental governance expert, USAID/Madagascar 2 expert Malian consultants Environmental financing expert myself  The proposal: Teams are:  African to the greatest extent possible  sourced from the CLEAA network.  Well-connected & experienced local consultants remain central  An environmental financing expert a part of all teams; paired with a local consultant versed in public financing.

Assessing Mali's EIA system10 Scaling up the Mali pilot: Process/Methodology  Mali pilot: 3 basic elements:  2 preliminary desk studies (Mali’s EIA system; financing options)  stakeholder interviews  multi-stakeholder workshop to to present preliminary findings, seek feedback, and identify consensus recommendations and ways forward  The proposal: Retain these basic elements, but add oversight and review by an expert steering panel composed of CLEAA and non-CLEAA experts..

Assessing Mali's EIA system11 Scaling up the Mali pilot: Outputs  Mali pilot: Final report to Ministry of Environment & USAID/Mali; included preliminary SOW for an implementation project.  The proposal: Reports to individual client ministries, including action plan Continuing TA would lead to other outputs synthesis report for overall project & strong efforts to disseminate key findings.

Assessing Mali's EIA system12 For more information: Mali pilot report available Revised proposal forthcoming, based on results from this workshop Contact: