Strengthening Country Safeguard Systems: Towards Common Approach and Better Results

Helen B. Cruda

Senior Safeguard Specialist, Asian Development Bank hcruda@adb.org

Abstract

The Asian and Pacific region is at risk of instability unless its recent

dynamic growth becomes more equitable and environmentally sustainable.

It is therefore critical that future economic growth is socially inclusive and

environmentally sustainable. Safeguards are a cornerstone for ensuring

socially inclusive and environmentally sustainable growth. Thus, strong

country safeguard systems (CSS)— which refer to a country’s legal and

institutional framework covering environmental assessment, involuntary

resettlement and indigenous peoples— are central to achieving equitable

and environmentally sustainable economic progress.

In this presentation, I will draw upon ADB’s experience in implementation

of technical assistance in strengthening CSS focusing on environmental

assessment in at least 15 countries in terms of its policy, instruments,

initial outcomes, and lessons learned. The presentation will highlight what

ADB is doing as regard to initiatives in improving the Philippine EIS

System. I will also share partnerships forged by multilateral and bilateral

agencies on safeguards in 2012, and ADB’s plans to move forward its

CSS strengthening agenda to help ensure that countries like for example,

the Philippines have robust environmental safeguard system, at par with

international best practice and effectively applied to all projects regardless

of source of financing.

Helen B. Cruda Senior Safeguard Specialist

Asian Development Bank

19-21 June 2013

First National Convention on the Philippine EIS System

Manila Hotel, City of Manila, Philippines

Strengthening Country Safeguard Systems

Towards Common Approach and Better Results

Presentation Outline

• Evolution of Country Safeguard Systems (CSS) on environmental assessment in Asia and the Pacific

• ADB’s experience in strengthening of CSS on environmental assessment, and initiatives in improving the Philippines EIS System

• Partnership on CSS

• Moving forward

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Definition of CSS

• CSS refers to a country’s legal and institutional framework, consisting of its national, sub-national, or sector implementing institutions and relevant laws, regulations, rules, and procedures that pertain to the safeguard policy areas (ADB Safeguard Policy Statement [SPS], 2009)

• ADB safeguard policy areas: environmental assessment, involuntary resettlement, indigenous peoples

• Consistent with World Bank definition (WB OP/BP 4.00)

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Asia’s CSS Journey So Far

• A 30-year journey for CSS

• Laws and regulations established

• Institutions set up

• assess and manage environmental impacts

• address involuntary resettlement issues

• protect vulnerable groups

4

Environment Legislation in Asia and the Pacific

1950

1960

1970

1980

1990

2000

2010

2020

Environmental Law in Asia and the Pacific

5

Vietnam - History of EIA

1994

Environment Protection Law

2005

Environment Protection Law

(amended)

2011

Regulations on Strategic

Environmental Assessment

New Challenges

• Urban development

• Cities are growing at a breakneck pace

• 44 million people/yr move to cities

• $8 trillion new infrastructure by 2020

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ADB’s Experience in Strengthening CSS:

Policy, Instruments, Initial Outcomes and Observations

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Policy

Safeguard Policy Statement 2009 (SPS)

• “Help borrowers to strengthen their safeguard systems” as one of 3 overarching objectives

• Emphasizes strengthening CSS

• Allows use of CSS

• Calls for: Establishment of a trust fund Formation of partnerships

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• Policy dialogue

• Technical assistance

• Project investment (capacity development component, piggybacked TA)

Instruments

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• In line with SPS, 10 TA projects involving 25 DMCs totaling $17.4 million under implementation

• TA 7566: Strengthening and Use of Country Safeguard Systems ($8 million) • TA 7386: People's Republic of China: Strengthening Enforcement of Environmental Laws and Regulations ($300,000) • TA 7433: Mainstreaming Land Acquisition and Resettlement Safeguards in the Central and West Asia Region ($5 million) • TA 7548: Improving the Implementation of Environmental Safeguards in Central and West Asia ($800,000) • TA 7474: Strengthening of Judicial Capacity to Adjudicate upon Environmental Laws and Regulations ($225,000) • TA 7735: Building Capacity for Environmental Prosecution, Adjudication, Dispute Resolution, Compliance, and Enforcement in Asia ($1,505,000) • TA 8309: Capacity Building for Enhanced Safeguards Management in Pakistan ($550,000) • TA 8274: Improving the Implementation of Safeguard Policy Applications in Selected South Asia DMCs ($225,000) • TA 8217: Strengthening Country Safeguard Systems in the Transport Sector ($600,000) • TA 8210: Preparation of Regulations and Capacity Development Plan for Involuntary Resettlement ($200,000) [Mongolia, 2012]

Policy Dialogue & Technical Assistance

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TA 7566: Strengthening and Use of CSS

A corporate priority area TA (totaling $8 million) focusing on:

• Diagnostic assessments

• Improved legal frameworks

• Development of implementation capacity

• Private sector FI ESMS

• Knowledge management and sharing

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13 Timor-Leste

Initial Outcomes and Observations

• Strong demand from DMCs in all sub-regions

• Focusing on IR and Environmental Assessment

• Emerging need for South-South cooperation

• Emphasis on collaboration with other MFIs

• Diagnostic assessment findings: main gaps b/t CSS and IBP

• Draft laws/regulations/guidelines (MON, VIE, PHI)

• Capacity development plans and implementations (LAO, VIE)

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The Case of Indonesia

• Expected TA outputs to strengthen capacity of Indonesia’s AMDAL System (Jun 2012-Oct 2014):

AMDAL regulatory framework and administrative procedures harmonized w/ international good practices

AMDAL implementation procedures integrated into sector-specific projects

Improved certification procedure and training of AMDAL consultants

Strengthened technical capacity to review AMDAL reports

Knowledge management for national AMDAL practioners network.

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The Case of Myanmar

• Need to embark on a comprehensive program of reforms (Aug 2012-Oct 2013)

• Need for urgent assistance in strengthening environmental and social management systems

• Key policy dialogue activities and TA outputs:

Assessment of current practices & institutional set-up

Capacity Development Action Plan

Roadmap for establishing/strengthening CSS

Workshops and study tour to Lao PDR

Recommendations on EIA guidelines development

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REG: EIA Clearinghouse and Capacity Strengthening

• Implemented by ADB in collaboration with AECEN (Jun 2011 to Sep 2013)

• Expected TA outputs:

EIA Clearinghouse established and operated to facilitate knowledge capture and dissemination of information on international and regional best practices in EIA implementation

Established and fully operational twinning arrangements between the PRC and Sri Lanka, and PRC and Nepal on improved EIA guidelines and capacity strengthening

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Recent ADB Initiatives in Improving the Philippines EIS System

• TA 4686-PHI: Harmonization and Managing for Results (Part D-Improving Quality at Project Entry)

- Revised Procedural Manual for DENR Administrative Order 2003-30 (IRR for PD1586)

• TA 7566- Strengthening and Use of CSS

- Enhancing the Philippines EIA System Improvement Initiatives and Management (details ->Session 6)

- Philippine Environmental Safeguards System

Implementation Assessment (PESSIA)

- Methodology for Quantitative Assessment of Project EIA Performance (an output->Session 5A)

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The Case of the Philippines (1)

• Enhancing the Philippines EIA System Improvement Initiatives and Management (Apr 2011-Jun 2013)

• Expected TA outputs

Revised EIA screening guidelines

Updated and upgraded computer-based project screening

system

Institutionalized linkages for continuous updating of ECA Map

Online, web-based project screening information system

Information and communication plan and materials

PEISS capacity development plan

Enhanced compliance monitoring system

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The Case of the Philippines (2)

Philippines Environmental Safeguards System

Implementation Assessment (PESSIA) study (2011-

2013)

- Assess country’s implementation of environmental

safeguard requirements that correspond to ADB’s

environmental safeguard policy principles

Expected outputs

• Report on the PESSIA including an inter-agency

Action Plan towards improving implementation

effectiveness based on PESS’ own legal

requirements;

• Recommendations for Improvement of CSR

Methodology for strengthening and use of CSS

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PESSIA Study Target Outcome

Shared understanding and recognition :

a) of strengths and weaknesses in

implementation of the Philippine Environmental

Safeguards System (PESS) ; and

b) of the action plans developed in coordination

with stakeholders

PESSIA Study Coverage

ADB Environmental Safeguard Policy Areas

Corresponding Philippine Legislation

Philippine Lead Agencies

Environmental

Assessment

PD 1151, PD 1586 1- DENR

Biodiversity & natural

resource conservation

PD 705, RA 7586, RA

9147, PD 1067

DENR, 2- DA, 3-

NWRB

Pollution prevention &

control

PD 984, RA 6969, RA

9003, RA 8749, RA 9275,

RA 7160

DENR, 4- LGU

Occupational &

Community health &

safety

PD 442; PD 856 5- DOLE, 6-

DOH

Physical cultural

resource conservation

RA 10066; RA 10086; RA

8371

7- NM, 8-

NHCP, 9- NCIP

Lead Development

Agencies (DOE, DPWH)

Lead Environmental

Safeguard Agencies (9)

EIS Preparers

Project-Affected

Communities

PESSIA Stakeholder Coverage

(Regulated Projects)

Other Key Stakeholders Industry Associations, Academe, Envitl

NGO, Church, Media, Legal NGO/Courts

Local

Government Unit Regulated

Projects

Project Proponents

EIS Review

Committee

Next

PESSIA Assessment Parameters

1) Implementation Track Record

Implementation practices

Outputs generated

Outcomes achieved

2) Institutional Resources

• Participation by:

15 DMCs Bangladesh, Cambodia,

India, Indonesia, Georgia. Lao PDR, Mongolia, Nepal, Pakistan, Papua New Guinea, the Philippines, PRC, Sri Lanka, Timor-Leste, Viet Nam

10 IFIs ADB, AFD, AusAID,

DFID, GIZ, IADB, IFC, JICA, World Bank, Embassy of Finland in Bangkok

First Regional CSS Workshop: Towards Common

Approaches and Better Results 18-19 April 2012, ADB Headquarters, Manila

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Main Conclusions:

• Strong progress on CSS throughout the region

• DMCs very keen to get continued support

• A general understanding: the safeguard policies of ADB and World Bank are the appropriate benchmark for convergence

• Strong interest in developing a region-wide CoP

• WB/ADB/JICA/AusAID ready to work together to address these issues

First Regional CSS Workshop: Towards Common

Approaches and Better Results 18-19 April 2012, ADB Headquarters, Manila

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• Joint ADB/AusAID/JICA/WB CoP on safeguards established in May 2012

• Main CoP activities:

Capacity building including joint training and establishment of Centers of Excellence

Knowledge management and sharing including joint studies and publications

A CSS Partnership Paper under discussion

CSS Partnership in Asia and the Pacific

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What We Have Learned?

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• Diagnostic assessments:

important knowledge product, requiring improved

methods

• Need for tailored approaches to meet different

DMCs’ needs

• Long term support required for deepening results

• CSS Partnership: power of working together

• SPS strategy emphasizing partnership and

structured support to strengthen CSS considered

effective

Moving Forward

• Continued policy dialogue, TA and project-level work

• Advance CSS partnership

• Second CSS workshop in 2014

• IED’s operational review on SPS in 2013

Continuing the Journey...

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Thank You

For more information:

http://www.adb.org/site/safeguards/country-safeguard-systems

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