The Access Initiative

Topics: Access to Information

Can Hi-Tech Mapping Technology Protect Traditional Land?

Article by Celine Lim, Yale F&ES ’15, originally posted on the Environmental Performance Index blog

An indigenous leader walks around the land, stopping at sites used for hunting, collecting nuts, and worship. The points are recorded using a handheld GPS device and then transferred to a computer. These points are overlaid with other land uses in the territory, and a map is produced. The map shows where oil-drilling sites are located on the same place as the community’s ancient burial ground, and where pollution from the oil operations runs through their main water source. The community now has evidence to make a case against the company. This scene was a novelty just a few years ago, but today, it is a reality for many communities around the world.

Can technology and the way it lets us understand the world help indigenous and traditional communities safeguard their resource rights? Or is it yet another imposition of modern progress on a vulnerable population? Those were the questions that brought together experts from the TAI network working in Malaysia, Guyana, and the Democratic Republic of Congo (DRC) at the TAI Fifth Global Gathering recently held in Bogotá. They were there to share just how they are testing the proposition that by using technology, those communities might be better able to map their land, its features, and monitor how they — or outside groups — use it. Such community or participatory mapping can indeed play a role in rights protection.

Community-based mapping and monitoring fulfill important purposes, especially when communities have control over data collection, management, and reporting. Many forest-dependent communities face incursions on their land from illegal logging, land grabs, and mining, but they often lack the tools needed to assert their rights to resources. With sufficient capacity and the right tools, communities can produce maps to document and prove their claims to resources. For example, if equipped with GPSes and the know-how to use one, they can record threats and the ensuing degradation through gathering live, place-specific evidence, and communicate these with their government, the mining companies, and a global audience.

Read the full story here: http://epi.yale.edu/the-metric/can-hi-tech-mapping-technology-protect-traditional-land

Recommendations of the High Level Committee to Review Environmental Laws in India

By Preetadhar (Posted: November 25, 2014)

Soon after the election of the new Government, a “High Level Committee” was constituted to review a list of Acts administered by the Ministry of Environment, Forests and Climate Change (MoEF&CC), namely: – Environment (Protection) Act, 1986 – Forest (Conservation) Act, 1980 – Wildlife (Protection) Act, 1972 – Air (Prevention and Control of Pollution) Act, 1974 – Water (Prevention and Control of Pollution) Act, 1981

The Committee was chaired by T.S.R. Subramanian, a former Cabinet Secretary, and comprised three other members, a retired judge of the Delhi High Court, former Secretary of the MoEF&CC and former Additional Solicitor of India.

After approximately 3 months of its constitution, and holding some regional Meetings, the Committee submitted its recommendations to the Government. We have been able to access a summary of the recommendations, which provides an insight into the possible direction of reform of framework of environmental laws in India.

Summary of Recommendations

  1. Identify and pre-specify ‘no go’ forest areas, mainly comprising “Protected Areas” and forest cover over 70% canopy.

  2. MoEF&CC to define the term ‘forest’.

  3. Offer economic incentives for increased community participation in farm and social forestry by way of promoting and proving statutory safeguards to ‘treelands’ as distinct from forest.

  4. Plantation of approved species on private lands for compensatory afforestation with facility for ‘treeland’ trading.

  5. Revise procedure for clearance under Forest (Conservation) Act to reduce the time for granting clearance, without compromising the quality of examination. For linear projects it is recommended that The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 needs amendment to consider removal of the condition of Gram Sabha approval.

  6. The compensatory afforestation (CA) guidelines be revised; CA on revenue land to be enhanced to 2:1 as against 1:1 at present; CA in degraded forest land be now fixed at 3:1; the Net Present Value (NPV) should be at least 5 times the present rates fixed. An appropriate mechanism to be created to ensure receipt of the CA funds, and their proper utilization, delinking the project proponent from the CA process, after he obtains other approvals, and discharges his CA financial obligations.

  7. The quantum of NPV for compensatory afforestation needs to be sharply increased. A reliable mechanism for ensuring that CA is actually implemented, utilising either private or forest land, needs to be put in place.

  8. Schedule 1 to be amended to include species likely to be threatened by illegal trade. An expert group should review the existing Schedules and address discrepancies relating to several species and sub species.

  9. Regarding the issue of tackling damage to agriculture and farmland, the MoEF&CC may issue circulars to all states apprising them of the legal position, suggesting that they may take appropriate action based on legal provisions.

  10. Preparation of Wildlife Management plans should be made mandatory and a provision to this effect inserted in the Wildlife Protection Act.

  11. Amend the Wildlife Protection Act [Section 26A sub section (3) and section 35(5)] so that permission from the Central Government would only be necessary when the State Government proposes to reduce the boundaries of an existing protected areas.

  12. Manufacture and possession of leg and mouth traps should be completely prohibited, except where they are required for visual display for educational purposes.

  13. Officers entrusted with the task of settlement should be given minimum tenure of 2 years. Regular review of such work should be done to ensure completion within time.

  14. ‘Expert status’ to be given to the forensic facility of Wildlife Institute of India (WII), after suitably strengthening it.

  15. Amend provisions of the Wildlife Protection Act [Section 50 and 55] to provide for adequate and purposeful delegation appropriate for faster and better prosecution in respect of a wildlife crime.

  16. Authorise officers of the Wildlife Crime Control Bureau under the MoEF&CC to file complaints in Courts.

  17. Add Polythene bags and plastic bottles as “injurious substances” and ban their use inside sanctuaries by amending the Wildlife Protection Act

  18. MoEF&CC to take immediate steps for demarcation of eco-sensitive zones around all the protected areas; States may be asked to send proposals in a time-bound manner.

  19. Delegate the powers to approve applications for bona fide observations research, through photography, including videography to the level of Park Director after verifying the credentials.

  20. The Schedules should provide appropriate provision for taking into account the needs of local festivals, subject to no harm or injury to animals.

  21. Proposals to revamp this project clearance / approval process.

  22. Create National Environment Management Authority (NEMA) at Central Level and State Environment Management Authority (SEMA) at the state level as full time processing / clearance / monitoring agencies.

  23. Proposed composition, functions and responsibilities of NEMA.

  24. Proposed composition, functions and responsibilities of SEMA.

  25. Proposed revised project approval process envisages ‘single window’ unified, streamlined, purposeful, time bound procedure.

  26. Special treatment for linear projects, power / mining and strategic border projects.

  27. Review of A/B category units, to delegate a large number brought under the purview of SEMA.

  28. The present monitoring process, exclusively based on physical inspection should be strengthened by induction of technology, measuring instruments incorporating latest improvements; the standards setting and verification systems need to be tightened, to ensure all violators are identified.

  29. (i) Create a new ‘umbrella’ law- Environmental laws (Management) Act (ELMA) – to enable creation of the institutions NEMA and SEMA. (ii)Induct the concept of ‘utmost good faith’, holding the project proponent responsible for his statements at the cost of possible adverse consequences

  30. The new law to prescribe new offences, as also for establishing special courts presided over by session judge. ‘Serious offences’ as defined to attract heavy penalties, including prosecution / arrest.

  31. Abatement of central and State Pollution Control Boards on creating of NEMA/SEMA.

  32. Suggestion for incorporation of noise pollution as an offence in Environment Protection Act.

  33. Procedure for appeals- creation of an appellate tribunal.

  34. Judicial Review role of National Green Tribunal.

  35. (i) Establish a National Environment Research Institute, through an Act of Parliament. (ii) Identify specific technical institutions / universities in India to act as technical advisors to the proposed NEMA/SEMA and other environmental enforcement agencies, to provide credible technical back-stopping for management of the environment.

  36. An Indian Environment Service may be created, as an All India Service, based on qualifications and other details prescribed by MoEF&CC/DoPT/UPSC.

  37. Encourage specialization in the Indian Forest Service in various aspects of forests and wildlife management, among the members of the service, as well as familiarity with all aspects of management of environment.

  38. The MoEF&CC may like to undertake a comprehensive review of departmental forces management policies, practices and procedures, to initiate wide-ranging improvements and reforms. This preferably should not be an internal exercise, and should include independent knowledgeable experts from India and abroad, as well as qualified researchers.

  39. The MoEF&CC may consolidate all existing EIA notifications/ circulars/ instructions into one comprehensive set of instructions. Amendments or additions may normally be done only once a year.

  40. The MoEF&CC may arrange to revamp the Environment Protection Act, by inducting relevant provisions of the Water Act, 1977 and the Air Act,1981; the latter two could be repealed, when the revamped EP Act, 1986 comes into force. This exercise may be done keeping in view the provisions of the proposed Environment Management Act.

  41. Create an Environment Reconstruction Fund for facilitating research, standard setting, education and related matters.

  42. (a) While overall responsibility vests with the ministry, the State Governments and the local bodies will play an effective role in management of the environment. (b) The Government should provide dedicated budgetary support for environmental programmes as a part of each development project in all the sectors

  43. Creation of a comprehensive database, using all instruments available, on an ongoing basis, in respect of all parameters relating to environment

  44. Environmental mapping of the country, using technology, should be undertaken as an ongoing process.

  45. Identification & recovery of environmental reconstruction cost relating to each potentially polluting unit should be built in the appraisal process.

  46. Rework the system of empanelment of ‘consultants’.

  47. A ‘green awareness’ programme needs to be sponsored, including issues relating to environment in the primary and secondary school curriculum

  48. MoEF&CC should prepare regional plan for carrying out remediation of polluted sites in consultation with the State Governments and enabling provisions should be incorporated in Environment Protection Act for financing the remediation task.

  49. Municipal Solids Waste (MSW) management has not been given requisite attention hitherto. New system and procedures for handling MSW need to be in place early for effective management of MSW and with accountability. Cities should set a target of reaching 20% of current level in 3 years time to work out a mitigation plan

  50. Concerted multi-pronged effort to not only to contain, and improve the situation of deterioration of air quality by vehicle emission.

  51. Encourage the use of science and technology, including by the approval and enforcement agencies.

  52. Finalise the CRZ demarcation, and bring it into public domain.

  53. In view of the key role played by the power sector, as also mining of various minerals in national development, NEMA may have a suitable cell, with specialisation, to speedily deal with environmental approvals in these sectors, with due regard to environmental considerations.

  54. All specified type of units would employ fully qualified technical personnel to manage their pollution control / management equipment, and to keep the emission levels within prescribed limits.

  55. MoEF&CC may consider reworking standard setting and revising a system of financial penalties and rewards to proceed to a market-related incentive system, which encourages ‘green projects’.

Mapping Indigenous Natural Resources: There’s an App for That

Article by Grace Heusner, Yale Law School ’16  (Posted: November 24, 2014)

The Mbenjele Look for Answers

In the mid-2000s, the Mbendjele Yaka pygmies of northern Brazzaville-Congo faced a problem. Environmental conservation groups were accusing them of widespread poaching of elephants, gorillas, and other bushmeat. While the Mbendjele did engage in subsistence hunting, they suspected that larger organizations were responsible for the majority of poaching. Yet they had no way to prove it. The Mbendjele were largely illiterate and had only limited ways of communicating with the outside world. While the group previously had success with icon-based applications to battle illegal logging in their forests, the Mbendjele now needed something more versatile. Searching for answers, they approached, Dr. Jerome Lewis, a University College London researcher who had been working with pygmies in the Congo for many years.

The Development of Sapelli

This need prompted Dr. Lewis to develop Sapelli with his organization, Extreme Citizen Science (“ExCiteS”). Sapelli is an icon-based mobile phone application that can be used to record GPS coordinates. Users select appropriate icons that describe an action or occurrence and plot its specific location. The Mbendjele used the app to record evidence of illegal poaching. Because Sapelli is open source, it can be customized for a variety of scenarios.

View the rest of the story here: http://epi.yale.edu/the-metric/mapping-indigenous-natural-resources-theres-app

Photo Essay: A Global Gathering for Environmental Rights

Article by Alisa Zomer, Yale F&ES ’14 (Posted: November 10, 2014)

The murals and graffiti that define public space in Bogota give an impression of the country’s creativity, diversity, and struggle. Emerging from a period of political and social unrest, Colombia is enjoying a period of economic growth and positive international attention. As an example of what is possible, Colombia is the perfect place for civil society to gather from around the world to learn from one another, share strategies, and get energized to move on important environmental rights. This year’s gathering, hosted by Colombian Asociacion ambiente y sociedad, had 95 representatives from over 40 countries. It focused on the intersection between technology and forest management. A defining moment of diversity and group-think was during the exercise “Agree, Disagree, Unsure.” Participants came up with controversial statements (i.e. ‘using technology is necessary for environmental protection,’ ‘democracy does not work for the environment,’ ‘business must be part of the solution,’ ‘there is no sustainable mining,’) and were asked to take a position and discuss. It was valuable to see the wide range of positions on seemingly simple issues and especially interesting experiencing participants persuade others to join their side – all with appreciation and respect.

View the full story here: http://epi.yale.edu/the-metric/photo-essay-global-gathering-environmental-rights

Global Gathering to Explore How Technology is Improving Forest Governance

This blog was originally posted on the Global Forest Watch Blog on August 4, 2014. By Jonathan Mason and Jared Messinger Recent advances in technology have revolutionized the way people live, work, and communicate with each other. So, if these transformations can change how we access media and purchase goods, can they also improve how we manage our natural resources? In October, the World Resources Institute and The Access Initiative (TAI) will convene its wide network of innovators who are already answering that question. Every two years, the Global Gathering brings together partners, civil society organizations, and community and indigenous leaders from around the world to tackle urgent issues involving community access to information and participation in environmental decision-making. This year, marks the 5th Global Gathering, which will focus on using information, data, and technology to protect forests and strengthen the rights of forest-dependent communities. The conference, hosted by TAI, Governance of Forests Initiative (GFI), and Global Forest Watch (GFW), will take place in Bogotá, Colombia from October 29th through the 31st. Globally, around 1 billion rural poor depend on forests for at least part of their livelihoods, and another 350 million depend heavily on forests. This means that nearly one out of every five people in the world relies on forests for basic needs. Yet forest governance in developing countries suffers many problems, including a lack of clear land tenure, antiquated forest regulations, and limited dialogue between the state and its citizens. Further, official efforts to recognize community land and resource rights have slowed. Failing to address these issues deprives communities and countries of accessing, enjoying, and deriving full value from their natural resources. For example, illegal logging on public lands in developing countries results in more than $10 billion (USD) in lost assets and revenue every year, resulting in weakened governance and degraded landscapes. Overcoming these urgent challenges requires innovative solutions. Communities and civil society desperately need the data and tools to help them protect forests and defend their rights. Fortunately, technology has the potential to revolutionize forest governance. Across the world, information and communication technologies have grown more affordable, ubiquitous, and user-friendly. These advances provide previously marginalized people with tools to assert their rights by accessing, using, collecting, and providing high-quality information on forests. Here are 8 examples of how technology is already improving forest governance: 1. Recycled cell phones capture chainsaw noises to prevent illegal logging in Northern Sumatra, Indonesia Fire Information for Resource Management System (FIRMS). International conservation organizations use this system to create an e-mail alert system for fires in or around protected areas in Madagascar, Indonesia, Bolivia, and Peru. 8. Cloud-based application maps urban forests in the United States Open Tree Map relies on crowdsourcing and cloud computing to map urban forests and display the ecosystem benefits of street trees in American cities. Building on this momentum, the Global Gathering will convene representatives from civil society, communities, and indigenous groups to share experiences, build expertise, and expand networks for more impactful use of digital tools to protect forests, strengthen land rights, and promote forest information transparency. In addition, the Global Gathering will feature hands-on training to strengthen participants’ skills in geospatial analysis, crowd-sourcing, and the use of data and technology for environmental advocacy. Technology use is no longer restricted to only more developed countries or experts. Instead, resource-limited communities, indigenous peoples, and civil society organizations can build networks, acquire new skills, and develop innovative ways to deploy technologies to protect their local forests and secure their rights.

East Kalimantan Community’s Struggles Underscore the Need for Proactive Transparency in Indonesia

By Carole Excell and Cait O’Donnell (Posted October 28, 2013) 

A special thanks to: Ariana Alisjahbana (WRI) for translating the many steps of JATAM’s right to information (RTI) request.

The Indonesian province of East Kalimantan has experienced a mining boom in the last decade. This boom has been decidedly pronounced in Samarinda, its capital, where more than 70% of the area has been allocated to mining concessions. Mining pits have been excavated near residential communities and then abandoned without reclamation and without proper environmental and safety control. As a result, two children were found dead in a mining pit in the outskirts of Samarinda, East Kalimantan in 2011.

JATAM (the Mining Advocacy Network), responded to these fatalities by using Indonesia Public Disclosure Act or Freedom of Information Act (FOIA) as an advocacy tool. JATAM is a network of non-governmental organizations and community-based organizations working on a number of interconnected issues including human rights, gender, the environment, indigenous peoples, and social justice in relation to the mining, oil, and gas industries. JATAM requested environmental impact assessments (EIA), also referred to as the AMDAL process in Indonesia, for all of the coal mining companies operating throughout East Kalimantan (approximately sixty).The organization hoped that obtaining these assessments—which they are legally guaranteed access to through FOIA —could shed light on local coal mines’ contaminants, the mitigation of impacts from mining activities, the monitoring of mining concessions, and other health and safety concerns.

JATAM embarked on their mission to obtain EIAs for every coal mining operation in January 2012. To date, they continue to work on fulfilling this mission. JATAM’s struggle makes it clear that while Indonesia may have a freedom of information law, actually obtaining the government-held information that directly impacts them is exceedingly difficult for the country’s citizens. Kahar Al Bahri, JATAM East Kalimantan’s Coordinator, describes the process of requesting environmental information under the Indonesia’s Freedom of Information law in an interview on YouTube.

1. JATAM initiated this process on January 12, 2012 by sending a letter to the Provincial Environment Agency in Samarinda, East Kalimantan, Indonesia. JATAM received no response. They sent and re-sent letters to the Provincial Environment Agency in Samarinda, the Environment Agency of East Kalimantan, and the Information Commission of East Kalimantan. Still, JATAM received no response. They filed a formal complaint with the mayor of Samarinda, who claimed that the information is private.

2. JATAM sent a formal complaint to the Information Commission of East Kalimantan, which agreed to mediate a meeting between JATAM and the Environment Agency of East Kalimantan. The Environment Agency, however, did not attend the first meeting. At the second meeting, the Environment Agency’s head denied the legitimacy of JATAM as an organization that could file a FOI request. Through the Information Commission’s mediation, the Environment Agency agreed to give JATAM the EIAs in one month.

3. Less than a month later, the Environment Agency claimed that the meeting did not follow the correct legal procedures and refused to comply with the decision. JATAM involved the local court system and, after several months, the court ruled that the Environment Agency had 8 days to comply with JATAM’s EIA request.

4. As of the date of the interview, The Environmental Agency is delaying the request and only issuing one EIA per week. The attached infographic outlines the timeline and the specifics of each step of JATAM’s EIA request.

The Need for Proactive Disclosure

As the process outlined above indicates, JATAM’s success in acquiring EIAs in East Kalimantan was hard-earned. The battle clearly provides justification for the call by advocates around the world that environmental information needs to be proactively available to members of the public without a request. Proactive Disclosure is the purposeful and anticipatory release of information to the public by government. Proactive Disclosure includes making information available to many potential requestors at once in a timely and efficient manner. In 2010, the International community adopted some specific guidelines in Bali, Indonesia, called the UNEP Bali Guidelines, on access to information, public participation and access to justice in the case of the environment, which recognize that: “Environmental information in the public domain should include, among other things, information about environmental quality, environmental impacts on health and factors that influence them, in addition to information about legislation and policy, and advice about how to obtain information.” Environmental Impact Assessments fall into the category of information in the “public domain” which should be made available without a request for information. This is because they facilitate an understanding of environmental impacts and monitoring of industry performance. However, in practice, as can be seen from the case of JATAM, these essential documents are not online, downloadable, or onsite in accessible forms.

Strengthening the Right to Information for People and the Environment

The Access Initiative (TAI) has been working in Indonesia with our partners Indonesian Center for Environmental Law (ICEL) and Wahana Lingkungan Hidup Indonesia (WAHLI) to promote proactive transparency and appropriate implementation of Indonesia’s Public Disclosure or FOIA Law. In a two year initiative called ”Strengthening Right to Information for People and the Environment” (STRIPE), we sought to empower communities in Indonesia to improve their environmental health through improved access to information on air and water quality in Serang and Jepara, Indonesia. The STRIPE project also pointed to the deficiencies in the FOI law and to the importance of increasing the capacity of government agencies to proactively release information. Obviously, there is still much work to be done, but it’s encouraging that a handful of dedicated groups are now endeavoring to bring to light the need for access to information. Through perseverance, groups like JATAM, ICEL, and WAHLI will continue to promote the proper implementation of FOI as an advocacy tool. But perhaps more importantly, they’ll push for the recognition that proactive transparency of environmental information is paramount. Proactive transparency will be discussed at the Open Government Partnership Summit in London this week on Civil Society Day. It is timely for the Indonesian government to consider this approach as it takes on the Presidency of the Open Government Partnership. Timely access to environmental information is what open government is about. More information: Read more about STRIPE here Read an article about STRIPE from TechPresident.com

Heavy Metals in the Water of Kriva Reka, Macedonia

By Kiril Ristovski (Posted: October 13, 2008) 

The waters that are close to the mine have indicated pollution of a level-5 category, and the concentrations of lead have been above the allowed maximum level.

Presence of the heavy metals above the maximum allowed level can be found in the waters of Kriva Reka. This is a clear assessment of the results under the State Inspectorate Kumanovo, even though the assessment is late by a few months. The pollution is closest to the manufactured capacity and to the arid part of the ROC “Toranica,” according of the toxicological analysis that has been obtained from the Institute for Health Protection on the Initiative of the Fishery Organization, “Mrena” from Kriva Palanka. Measurements were taken from the location across the mine, the exact spot of the waters of Toranicka Reka.

The presence of lead was 144 000 mg,kg, which is 5 times over the maximum allowed concentrations of 30 000. These examples correspond with level-5 category of water quality. The measurements of the Kriva Reka around the arid place were showing classification on waters that belong to level-3 and level-4 water quality category .But there is one important missing part in this analysis, which is there have not been measurements of lead or zinc. The waters of Kriva Reka that are close to the pumps for drinking water are in correspondence with level-2 category of water quality.

The State Inspectorate for the Environment has announced information about results which were showing much higher presence of heavy metals on the river around the mine Toranica, but they did not give more detailed answers about the pollution. The company, “Indo minerali I metali,” will be supplied agreements, with directions about the methods and procedures regarding the regulation and taking sanctions on the pollution in that region. This was the last response directly from the State Inspectorate for the Environment.

This company has claimed that from the beginning of the pollution of the river, they had been working under regular ecological standards, taking care of the environment protection, and that their analysis has been regular. They also said that if anything goes wrong by cause of their work, they would take care of everything to protect the natural resources.

The Governmental Institutions have been inaccessible for information The residents have been reacting for three months, and they did not have adequate official information. Also, Florozon, the NGO from Skopje (under the project TAI assessment in Macedonia), has been conducting assessment for the impact of the biggest polluters of the environment in Macedonia, and ROC “Toranica” has been taken under examination through this project.

Their assessments were focused on the public access to information, public participation and access right to justice, national transparency and Government contribution regarding the environmental protection and peoples’ rights. This initiative is the biggest net in the entire world and has commitments for citizen’s insurance regarding their rights and opportunities for participations in the decision making processes related with environmental issues.

The State Inspectorate for the Environment did not respond on the official request letter regarding the results from the conducted measurement and results of the water quality of Kriva Reka. They did not act according to the law, and after one month, no one has managed to get information from the State Inspectorate for the Environment. This kind of non-compliance is not acceptable because Macedonia is party to the Aarhus Convention. This convention is based on the access right to information, public participation in the decision-making process regarding the environmental issues, according to Florozon.

According to Florozon, the assessment for the access right to information, which have been obtained by Octa, Feni, Sasa and Pollution of Kamenicka Reka, has had a bad experience, so their final report that will be delivered to the European Institutions will contain negative values.

The next step after this assessment, according to Florozon, will be the implementation of the recommendations from the TAI assessment, with an aim for capacity building of the government and of the civil associations, in order for a strong national capacity to be built. The legal recommendations are directed toward changing the law’s articles and changing government practice.

Kiril Ristovski Skopje 02.10.2008

See Also:

Zinc and Lead Flowing Into the River of Kamenicka Reka

Freedom of Information Victory in India

By Lalanath de Silva (Posted: January 28, 2008)

For the first time in its ten-year history, the National Environmental Appellate Authority* (NEAA) has overturned a decision by the Government of India, quashing an environmental clearance granted by the Ministry of Environment and Forests. In its decision, the Appellate Authority cited a failure of public participation and access to information.

On December 19, 2007, the NEAA quashed environmental clearance for the Polavaram Multipurpose project granted by the Ministry of Environment and Forests. The project, which would have displaced close to 3000 families (totaling about 200,000 people) in the States of Andhra Pradesh, Orissa and Chattisgarh, was to have included a hydroelectric power component of 960 MW and irrigation facilities. The project was proposed by the State of Andrah Pradesh.

The project was opposed by civil society organizations on the grounds that the required Environmental Impact Assessment had been performed inadequately, and the Ministry of Environment and Forests had failed to conduct any public hearings in the affected States of Orissa and Chattisgarh.

During the hearing, both States contended that the legally required environmental clearance was granted by the Ministry of Environment without considering the opinion of the states though they were affected by submergence.

Immediately after the Appellate Authority’s decision, the State Government (Andrah Pradesh) filed a petition for the Andra Pradesh High Court (the highest court in the State) to review the case. The Court has now temporarily suspended the decision of the Appellate Authority and fixed a hearing for February 11.

The NEAA found that:

  • People to be affected by the project had no access to the executive summary in the notified place
  • People to be affected by the project had no opportunity to participate in public hearings and express their view on the likely environmental impact of the construction of the project

The Appeal against the clearance was filed by Dr R. Sreedhar of Academy for Mountain Environics and represented by Ritwick Dutta. Dutta is a leader of the TAI network in India, and is preparing to launch a formal, TAI assessment of access to justice, public participation, and access to information in Northern India.

*The National Environmental Appellate Authority is the only competent Authority set up by Parliament through an Act to hear appeals from aggrieved/ affected persons against the grant of environmental clearances by the Ministry of Environment and Forests to different projects across the country.

Links

Cut and Paste Fraud Suspected in Indian EIA

By Lalanath De Silva (Posted: January 15, 2008)

A Right to Information request in India has revealed that an Environmental Impact Assessment (EIA) for a bauxite mining project in Ratnagiri, Maharashtra, was copied at least in part from a Russian EIA for a bauxite mine. Variables in surface water quality, precipitation, bird and mammal densities, number of species and impacts of the projects match. The Indian EIA even listed tree species found only in northern temperate regions, such as Alaska, Norway and Russia.

Since 2005, the Indian Right to Information Act has allowed citizens to expose corruption in government and fraudulent practices in decision-making processes. EIAs are required for certain development projects that have significant impacts on the environment. Hundred of EIAs are being filed throughout India for development projects that range from hydroelectric dams to roadways and mining. Monitoring EIAs to ensure that environmental impacts are considered and eliminated or mitigated has become a huge challenge for civil society organizations. The Right to Information Act has become a useful tool in this Herculean task.The fraud in Ratnagiri, Maharashtra was exposed by Ritwick Dutta, an environmental lawyer with the help of Mark Chernaik, a staff scientist in the Environmental Law Alliance Worldwide network. Ritwick Dutta is also a leader in the The Access Initiative (TAI) India network and will soon launch a TAI assessment for Northern India. The TAI assessment will reveal gaps in laws, institutions and practices relating to transparency, inclusiveness and accountability in government decision-making on environmental matters in Northern India.

The Access Initiative (TAI) seeks to ensure that people have a voice in the decisions that affect their environment and their communities. TAI partners promote transparent, participatory, and accountable governance as an essential foundation for sustainable development. To achieve this goal, partners form national coalitions, assess government progress using a common methodology, raise public awareness, and set priorities for improvements in policy and practice.

India was the site of a pilot TAI assessment; an assessment for the State of Karnataka is proceeding. TAI India partners have worked to achieve changes including intervening in Government efforts to abridge public information and participation rights in the environmental clearance process for development projects.

Freedom of Information Victory in Ukraine

By Lalanath De Silva (Posted: December 21, 2007)

An international NGO has set an important precedent for freedom of information in Ukraine by convincing a court that a Parliamentary advisory body should be subject to national freedom of information law.

The NGO Environment-People-Law (EPL)brought the case against the Accounting Chamber – a state body that executes control over the spending of funds from the State Budget on behalf of Ukraine’s Parliament. The Chamber had refused to disclose details about what it found when auditing a construction project partly funded by the government to build the Danube-Black Sea Canal through internationally recognized wetlands.

The Chamber had released some information about their audit, but not the level of detail sought by EPL. The Chamber had argued that the freedom of information law did not apply to them, and that they were only accountable to Parliament. EPL convinced the court that the Accounting Chamber in effect had not only a consulting function for the Parliament of Ukraine, but authority over members of the public as the Chamber owns the information that might be of public interest. The court ordered the Chamber to provide the information requested by EPL.

The ruling has two major implications, though they may not be articulated in the court decision itself. First, the function of investigating State expenditure (including possible corruption) was ruled to be a matter of public interest and public importance. Second, the court’s decision implied that because the Chamber performed a public function, it was subject to the national freedom of information act, even though the advisory group was not a part of the executive branch.

The case is a victory for advocates everywhere of freedom of information in environmental decision-making. A growing body of national laws and courts recognize that the public is entitled to know how tax revenues and aid funds are being spent and whether that expenditure meets accounting standards.

For more information on the case, visit the EPL website.

For background on this struggle, read about Olya Melen, the young EPL lawyer who won the prestigious Goldman Prize.

The Access Initiative (TAI) seeks to ensure that people have a voice in the decisions that affect their environment and their communities. TAI partners promote transparent, participatory, and accountable governance as an essential foundation for sustainable development. To achieve this goal, partners form national coalitions, assess government progress using a common methodology, raise public awareness, and set priorities for improvements in policy and practice. TAI partners in Ukraine have completed two assessments, and the World Bank has recently provided funds that will allow TAI Ukraine to implement Ukraine’s access rights commitments (made to the Partnership for Principle 10) and Aarhus Convention compliance mechanisms.

TAI congratulates EPL on their victory, and looks forward to working with its Ukrainian partners to further improve access rights.