Stakeholders Consultation Process -

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1 Session 6 Stakeholders Consultation Process - Latest developments and the possible role of DNAs 13 th DNA Forum Bonn, Germany, March, 2012 UNFCCC secretariat SDM Programme

2 Structure CDM Stakeholder Consultations Why? Requirements: CDM Stakeholder Consultations Summary of Call for Inputs EB64: Boards Initial Views and Clarifications Recent Developments and Next Actions Inputs for Way Forward: DNA Expectations and Possible Roles 2

3 CDM Stakeholder Consultations- Why? Stakeholders means the public, including individuals, groups or communities affected, or likely to be affected, by the proposed clean development mechanism project activity [3/CMP.1, para 1 (e)] Objective/ rationale for conducting local and global stakeholder consultations in CDM: - Ensure Transparency (process and reporting) - Concerns raised appropriately considered/addressed - Link to Sustainable Development (Economic, Environmental, Social) Main focus : - Local : Local Sustainable Development Concerns - Global: Global concerns including Trans-boundary environmental impacts 3

4 Results: Sustainable Development Indicators of 2,250 CDM Projects Source: UNFCCC Report: Benefits of the CDM up to 2011 S 4

5 Requirements: CDM Stakeholder Consultations CDM Modalities & Procedures stipulates two consultation process during validation: - Local stakeholders prior to publication of PDD - Global stakeholder consultation (GSC) 30 days (45 days fro A/R projects) during publication of PDD in the website VVM and Board s procedures provide further guidance on how these processes should be conducted and what actions should be undertaken by DOEs 5

6 CDM Modalities & Procedures Local stakeholders The DOE. shall review the PDD to confirm that the Comments by local stakeholders have been invited, a summary of the comments received has been provided by PP, and a report to the designated operational entity on how due account was taken of any comments has been received [3/CMP.1, para 37 (b)] Global stakeholder consultation (GSC) a) The DOE shall receive, within 30/45 days, comments on the validation requirements from Parties, stakeholders and UNFCCC accredited nongovernmental organizations and make them publicly available [3/CMP.1, para 40 (c)] b) After the deadline for receipt of comments, the DOE shall make a determination as to whether, on the basis of the information provided and taking into account the comments received, the project activity should be validated [3/CMP.1, para 40 (d)] 6

7 Background and reasons for improvement Stakeholder complaints a) System not user-friendly b) Inputs not being accounted for DOE Forum request: a) Provide clarity on how to deal with vexatious and/or libelous comments EB61 the Board considered a proposal and background paper prepared by a member At EB62 the Board considered a initial analysis by the secretariat and agreed to launch a call for inputs At EB64 the Board considered summary of call for inputs (mentioning current issues and suggested improvements) and requested Secretariat to provide recommendations for consideration in future EB meetings 7

8 Summary of call for inputs Call open: 18 July 15 August 2011 Total response: 18 Overview summary a) 6 similar inputs received from international environmental NGO s, plus a similar input from Wuppertal Institute b) 5 similar inputs from the Gujarat Forum on CDM and individuals from Gujarat c) Unique inputs received from DOE Forum, Project Developer Forum, Transparency International, and three individuals from China 8

9 Summary of inputs Main points raised: Local stakeholder consultation process a) Consultations need not be CDM specific and can be done together with other regulatory requirements (e.g. EIA) b) Compliance national legislative requirements should take precedence over compliance with stakeholder concerns c) Clearer and more defined rules should be provided for local consultation, such as requirements to Hold a meeting, which is well advertised including specific invitations to relevant groups Make non-technical summaries of the project available Conduct consultation during the design phase Make summaries of the consultation available and hold follow up meetings Make all information available in the local language 9

10 Summary of inputs Main points raised: Global stakeholder consultation process a) Extend the length of time for comments b) Introduce requirements regarding the amount of supporting documentation made available c) Require stakeholders to register prior to submitting comments d) Provide clarity to DOEs regarding how to address comments received e) Provide clarity to stakeholders regarding the scope of comments, i.e. comments must be project specific and substantiated Other suggestions: Various enhancements to the transparency of the validation process have been recommended A grievance mechanism for stakeholders 10

11 Preliminary analysis The comments make clear that all parties involved (local and global stakeholders, project developers and DOEs) are dissatisfied with the current processes Many constructive suggestions for improvements of the system which could be mutually beneficial and agreeable have been provided The only suggestion requiring a CMP decision would be an extension of the period of time for conducting global stakeholder consultation 11

12 EB64: Boards Initial Views and Clarifications Clarifies that Compliance of national legislative requirements should take precedence over compliance with stakeholder concerns Clarifies that Sustainable Development is the prerogative of the Host country and this CDM stakeholder consultation process should not be used to address/improve existing legislations/regulations 12

13 Recent Developments and Next Actions At EB65, Board adopted 3 documents which specify requirements for compliance with local and global stakeholder consultation and provide further guidance on how these processes should be conducted and what actions should be undertaken by PPs and DOEs - PS : Requirements for PPs - VVS : Requirements for DOEs - PCP : General Requirements related to process At EB66, CDM MAP 2012 was approved which requires work on this area (project No. 151) this year by considering/incorporating recommendations through revised standards/ guidelines 13

14 Inputs for Way Forward: DNA Expectations and Possible Roles 1. Whether current requirements for registration on conducting local and global stakeholder consultation is adequate? Clarity on what needs to be reported (e.g environmental, social, indicators) 2. If current rules on CDM are considered inadequate, how can current process be improved and what role can be played by DNAs in ensuring the integrity and effectiveness of the process? Can DNA be involved in local stakeholder consultation process (e.g. notice or comments made on DNA website or office) Can these requirements related to CDM stakeholder consultation be integrated with the existing national legislations/regulations/loa approval for ensuring effectiveness Can DNAs provide country specific best practice guidelines for conducting LSC 3. Whether there is a need to have additional stakeholder participation process after the validation of proposed project activity has been finalised by the DOEs or at issuance or post registration changes, particularly on changes in project design. 14