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Module. Why Consultations are Important Jayantha Perera, PhD. Why Consultations are Important?. Help identification of impacts Right to be informed and right to know Avoid tension and agitation Build ownership and accountability Facilitate project implementation Improve project quality

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  1. Module Why Consultations are Important Jayantha Perera, PhD

  2. Why Consultations are Important? • Help identification of impacts • Right to be informed and right to know • Avoid tension and agitation • Build ownership and accountability • Facilitate project implementation • Improve project quality • Reduce project delay

  3. Critique of Consultation • Pro-forma exercise to defend pre-determined decisions • No opportunity for the public to influence decision making • Why? • Inadequate access to information • Pre-determined outcomes: controlling ‘issue definition’ • Privileged scientific/technical discourse • One way consultative forms of communication

  4. Consultation as an Entitlement • Env & soc protection as a human Right • Right to participate in decision-making • Way to reduce reliance on statistics • Way to engage community in planning • Protest strategy – civil society action

  5. Consultation Some difficulties • Level or scale of decision-making • Trans-boundary – Local knowledge? • Constituency of interested participants • Advantage of local knowledge lost • Space between State and citizens

  6. Legal Decisions • Substantive Issues • Directly enforceable right to be fully-informed • Inclusive and democratic procedures • Opportunity for public to express opinion • Information and opinion on the process

  7. Recent Changes in Law • Procedural tightening – RP accessible document • Beyond RP – final planning documents • Public scrutiny and participation • No room for retrospective dispensation • Willingness to review the merits of the facts • Beyond ‘policing’ the procedural rectitude of decision-making

  8. Consultation – Source of Democracy? • Decision by discussion– centrality of information sharing • Importance of local knowledge • Environmental responsibility shared • Better decision – reflection of a range of values • Acceptability of risks – multicultural society • Trust on decisions – ownership • Balancing ‘technism’ and uncertainty • Local environment democracy & sustainability of local agenda - not prescriptive or objective

  9. Consultation as a Protest Strategy? • Dissatisfaction - gap between ideal and practical • Consultations as a protest strategy- to buy time • Judicial review of EIA & RP process - litigation • Publicity as a political vehicle

  10. What is Required • Change from protection to consultation is welcome • People are more vulnerable – no guarantee • Numbered consultation is outdated; a process? • Restrictive practice of report preparation outdated • Empowerment through laws is required; • Country safeguard systems? • More consultation with affected communities? • Disclosure, transparency, accountability required • Relations of power? Possible to change?

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