consultation with government and other Project stakeholders to understand their views on the likely significant impacts.

Transcription

1 4 Scoping and Stakeholder Engagement 4.1 Introduction This chapter describes the approach that was taken to scoping the impact assessment, including activities undertaken to understand the views of stakeholders on the Project and its potential impacts. It also sets out the plans for future stakeholder engagement as the Project moves from the SEIA stage into implementation. 4.2 Scoping Overview As set out in Chapter 1: Introduction, the principal purpose of scoping is to identify the impacts of a project which are considered likely to be significant, so that the assessment can be planned and focussed on the important issues. Scoping is a crucial first step in a SEIA and involves: systematic examination of the potential for interaction between activities involved in developing the Project and aspects of the physical, natural, cultural, social and socio-economic environment that may be affected; consideration of which of these are likely to be significant; and consultation with government and other Project stakeholders to understand their views on the likely significant impacts. The overall scope of work required for the Simandou Project SEIA was developed based on the requirements of the Guinean EIA Decree and Order (1), IFC s Performance Standards and Rio Tinto s internal policies and standards. These are introduced in Chapter 1: Introduction and further details are provided in Annex 1C: Legislation, Standards and Administrative Framework. The type of assessment required for a project will vary depending on the significance of potential impacts. Under the Guinean EIA Decree an assessment may be either a detailed (approfondie) or simplified (simplifiée) assessment. IFC s Policy on Social and Environmental Sustainability also categorises projects according to the magnitude of risks and impacts as Category A, B, C or FI and typically the level of assessment will reflect the categorisation assigned to a project. The Simandou Project is judged to fall within the class of projects requiring detailed assessment under Guinean law, and within IFC Category A, as it is likely to have significant adverse impacts which are diverse, irreversible and / or unprecedented. As such, a detailed assessment of impacts and risks is required and has been undertaken. As part of this process the Project has engaged with stakeholders, including authorities and communities affected by the Project, so that their views can be understood and taken into account in the assessment and the development of the Project. The approach to and findings from this engagement are described in the remainder of this Section 4.2. The results of the assessment are presented in the SEIA and therefore will be disclosed to stakeholders for review and comment. The process that will be followed is described in Section Approach The initial phase of work to develop the scope for the Simandou SEIA involved identifying the components of the Project and the activities involved in construction, operation and closure, and considering how these could be expected to interact with known environmental and social conditions in the vicinity of the Project. (1) Décret 199/PRG/SGG/89 du 8 novembre 1989 codifiant les études d impact sur l environnement (the EIA Decree) and Arrêté 990/ NRNE/SGG/90 du 15 mars 1990 fixant contenu, méthodologie et procédure de l étude d impact sur l environnement 4-1

2 This process was guided by reference to the IFC Performance Standards (1) and to the EU Guidance on EIA Scoping (2). A draft Simandou Project SEIA Terms of Reference was prepared and submitted to the Government in August The purpose of the Terms of Reference was to define the Project and its potential impacts on the environment and communities, set out the proposed approach and methods for the impact assessment, identify the expertise that is needed to prepare the study, and present the timetable for its completion. The Terms of Reference were reviewed and approved by the Minister of the Environment in October A copy of the approved Terms of Reference, the minutes of the meeting with the Bureau Guinéen des Etudes et Evaluations Environnementales (BGEEE) on the draft Terms of Reference and the letter of approval are presented in Annex 1B: SEIA Terms of Reference Stakeholder Engagement To inform the scope of the assessment, the SEIA Team also undertook a programme of consultations on the Project and the SEIA Terms of Reference. Details were set out in a Stakeholder Engagement Plan published in August 2011 (see covering stakeholder engagement activities during the SEIA study. The Plan included an analysis and identification of potential stakeholders which was used to inform the development of the programme. Details of the engagement activities and the materials used are presented in Annex 4A: Simandou Project Stakeholder Engagement Report, together with an analysis of the comments received Engagement with the National Guinean Authorities National authorities were provided with information about the Simandou Project during scoping of the SEIA Terms of Reference over the period from May to September Various meetings were held with government authorities during preparation of the draft Terms of Reference and all relevant ministries were invited to attend the SEIA conference about the Project that took place in Conakry on September 19th, The Project continues to engage with government authorities through BGEEE, the Comité Technique d Analyse Environnementale (CTAE) and the inter-ministerial group set up to oversee consideration of the Simandou Project and to ensure that the Government of the Republic of Guinea is kept informed on progress and is in a position to consider the Project activities in its policy-making, regulatory and other duties and activities Stakeholder Conferences A conference was organised in Conakry on September 19 th 2011 attended by an invited audience from national, regional, prefectural and local government, non-governmental organisations, academic and research institutions, community representatives and the media. Following this, two rounds of stakeholder events were held in the ten prefectures affected by the Simandou Project. At least two weeks prior to each event, local leaders including Governors and Prefects were formally invited to attend and were asked to invite relevant stakeholders, including Sub-Prefects and village and traditional leaders, within their respective communities. The prefectural events were also open to members of the public, and were publicised by local leaders and through announcements on local rural radio stations. At each event, participants were provided with brochures describing the proposed developments and the scope of the SEIA together with information on how to obtain the detailed Terms of Reference (on the web or in hard copy). Participants were invited to make comments and ask questions during the meetings and were also provided with a feedback form on which they could submit written comments. Feedback forms could be handed in on the day, submitted on-line or returned by or by hand to Simfer and to Simandou Project (1) International Finance Corporation Sustainability Framework - available at (2) Available at 4-2

3 offices and info-shops. Feedback regarding the Simandou Project Terms of Reference was requested within 30 days of the first round of events. The locations and dates for the events are listed in Table 4.1, with an estimate of the number of attendees at each event and the number of feedback forms received. Participants typically included representatives from national, regional, prefectural and local government, community leaders, non-governmental organisations, members of the public (men and women) and representatives from the local media. Table 4.1 Stakeholder Consultation Events Prefecture Location Date FIRST ROUND Approx. Number of Participants Number of Comment Forms Conakry Conakry 19 Sep Beyla Beyla Centre 18 Oct Faranah Faranah Centre 11 Oct Forécariah Forécariah Centre 22 Sep Kankan Tokonou 4 Oct Kérouané Kérouané Centre 11 Oct Kindia Kindia Centre 4 Oct Kissidougou Albadaria 5 Oct Kouroussa Douako 6 Oct Macenta Macenta Centre 13 Oct Mamou Mamou Centre 6 Oct First Round TOTAL SECOND ROUND Beyla Beyla Centre 14 Feb Faranah Faranah Centre 2 Feb Forécariah Moussayah 9 Feb Kankan Tokonou 7 Feb Kérouané Kérouané Centre 31 Jan Kindia Kindia Centre 7 Feb Kissidougou Albadaria 8 Feb Kouroussa Douako 9 Feb Macenta Macenta Centre 2 Feb Mamou Mamou Centre 31 Jan Second Round TOTAL As shown in Table 4.1, approximately individuals attended the first series of consultation events and 3 170, the second series. A wide variety of issues was raised during the events and nearly feedback forms were received. Full details of the programme, copies of the materials used, minutes of the meetings and a review of the issues raised by stakeholders are presented in Annex 4A: Simandou Project Stakeholder Engagement Report. A summary of the issues raised is provided in Section

4 Other Consultation Activities The brochures, the Terms of Reference and the feedback form were also made available on the Simandou SEIA website and copies were provided to national ministries and agencies, governorate and prefectural authorities, and national and international non-governmental organisations. A number of meetings were held with government authorities and non-governmental organisations were contacted in writing requesting their views on the scope of the SEIA. The minutes of meetings and a list of non-governmental organisations contacted are included in Annex 4A: Simandou Project Stakeholder Engagement Report. As the Project progresses, contact will be maintained with stakeholders who have expressed an interest in the Project by issuing regular updates on the website, in the press, in Info-Shops and Info-Posts, and through other communications. Regular contact will be maintained with national, regional and local regulatory authorities and follow-up meetings will be held with other stakeholders as needed. Village level consultations have also commenced as part of planning for land acquisition. These are focussing initially on localities affected by advance works and will then be extended out to the wider Project area. Whilst the focus is on consulting affected communities about land acquisition and the resettlement and compensation planning process, opportunities have also been taken to invite comments about the wider social and environmental impacts of the Project for input to the SEIA studies. Village, user group and household surveys carried out during baseline studies have also provided valuable information Summary of Stakeholder Comments A detailed analysis of the comments made during the stakeholder engagement programme is provided in Annex 4A: Simandou Project Stakeholder Engagement Report. The level of interest in different topics is illustrated in Figure 4.1 and a summary of the main issues raised by stakeholders is provided in Table 4.2. Figure 4.1 Overview of Stakeholder Concerns 4-4

5 Table 4.2 Issues Raised Summary of Stakeholder Concerns During the stakeholder engagement programme the principal questions and concerns raised by communities and others related to the following topics. Community Development: support to local development, local organisations and associations, and to income generating activities; and support for the development of new infrastructure (roads, schools, health services, electricity, communications, sports facilities etc). Social Impacts: employment opportunities, particularly for the young and for those who are less-educated; and concerns over the loss of community ties within and between settlements The Resettlement and Compensation Process: the compensation process and the nature of the compensation in case of resettlement; whether compensation will be financial or in-kind; how compensation rates are to be set; when compensation is to be provided and for how long; whether community infrastructure will be reinstated; how loss of productive agricultural land and plantations will be compensated; and how host sites are to be selected in case of resettlement, whether people will have a choice and whether new sites will be similar to the original locations. Protection of the Environment: the protection of the environment, in particular classified forests and protected species (chimpanzees and elephants were the most cited); impacts of dust and noise on communities and the health of people and animals; and rehabilitation measures to restore vegetation cover and whether any gaps will remain at the end of the Project. Health and Safety: the impacts of dust, noise, smoke and odours on the communities and on the health of people and animals; and the protection of cattle near the railway line. The Impacts of the Railway: concerns over crossing the railway, especially for cattle and children; the exact rail alignment and the list of villages that will be impacted; the potential for local use of the railway; the impact from the train, especially noise, on people, livestock and wild animals; the impact of noise on animals which are important for hunting; and the proximity of the rail alignment to the Sierra Leone border and safety issues that it could create. Community Engagement: the need to use local radio stations to communicate and inform on the Simandou Project Scoping Findings The scoping study and stakeholder engagement identified a wide range of potential impacts and concerns relating to construction and operation of the Simandou Ore Railway (1). The details are presented in the Terms of Reference in Annex 1B: SEIA Terms of Reference and the impacts have been grouped for the purposes of this report under the following headings: (1) As noted in Chapter 1 closure of the railway is not included as it is envisaged as remaining in operation once mining has finished. 4-5

6 impacts on soils and geology and management of mineral waste; impacts on the water environment; impacts from noise and vibration; impacts on air quality; greenhouse gas emissions; resources use and non-mineral waste management; impacts on biodiversity ; impacts on cultural heritage; landscape impacts; impacts on the national economy; employment and economic development; in-migration; impacts on land use and land-based livelihoods; impacts on social structures and community life; impacts on community health, safety and security; labour and working conditions; impacts on ecosystem services; and impacts on human rights. The remainder of this report is organised according to these topics and the details of impacts considered under each heading are introduced at the start of each of these chapters. 4.3 Stakeholder Engagement the Next Steps Engagement Principles International best practice recommends the active engagement of stakeholders throughout a Project lifecycle, commencing with scoping. As outlined above, stakeholder engagement has formed an important part of the social and environmental impact studies leading up to this report but it is the intention that this will continue as a crucial aspect of the way social and environmental impacts and risks are managed in the future. This will be undertaken in accordance with IFC guidance and Rio Tinto s policy with regard to engagement. In line with current international good practice the Project will ensure that engagement: is free of manipulation, interference, coercion and intimidation; is free of charges for participation; takes place prior to decisions being made so that views expressed can be taken into account; is conducted on the basis of timely, relevant, understandable and accessible information; is undertaken in a culturally appropriate manner; includes all those interested in or affected by the Project, and in particular, vulnerable groups; achieves a two-way dialogue; and is responsive, and includes explicit mechanisms for receiving, documenting and addressing comments received. Rio Tinto standards require that consultation and engagement are carried out in good faith with mutual obligation. Approaches and procedures must be transparent, inclusive and culturally appropriate, and must ensure that: people and organisations who may be affected by or interested in the Project are as fully informed as practically possible about the Project and its possible effects before they occur and have access to reliable independent advice; 4-6

7 two-way discussions cover stakeholder issues and priorities as well as the concerns and needs of the company; discussions occur in a language and format that is understandable to local stakeholders; stakeholders participate to the greatest extent possible in social and environmental impact assessments; a record is kept of all formal and informal meetings that involve commitments, including how views of both the company and stakeholders may have changed and where agreements have been reached, and of action items with dates for completion; and discussions and community decision-making reflect established local conventions and protocols, including gender considerations, supplemented if necessary by additional processes for inadequately represented and marginalised groups. The programme of engagement activities undertaken during scoping, described in Section 4.2.3, was designed to accord with the above principles and the Simandou Project is committed to continuing this through the lifetime of the Project. The Stakeholder Engagement Plan for the Project has been updated to describe the next steps in this process and the new plan is presented in Annex 1F: Simandou Project Stakeholder Engagement Plan. The remainder of this section outlines the activities planned for the next stage. This focusses on the plan for disclosure of this report and consultation on its findings with Project stakeholders. The processes for enabling and responding to feedback from stakeholders and for managing any grievances that may arise are also described SEIA Disclosure and Consultation A programme of disclosure and stakeholder engagement is planned to run for 3 months from the date of submission of this report to the Republic of Guinea. The aim of this is to provide directly affected communities and other project stakeholders with an opportunity to understand and comment on the results of the assessment and the proposed mitigation measures. This will include the following activities. The SEIA Report and accompanying leaflets and summary material will be published on the Simandou website at (French) and (English) and will be available to download at no cost (a CD copy may also be requested). It will also be available on the IFC website in accordance with its policy on access to information. Hard copies of the report will be available for inspection at the following locations in Guinea and internationally: Simfer SA Immeuble Kankan Cité chemin de fer BP Conakry République de Guinée ; The Simandou InfoShopin Beyla and at further InfoShops as these are developed; Rio Tinto Iron Ore Europe 17, Place de Reflets La Défense Courbevoie Paris France; or 4-7

8 Rio Tinto plc 2 Eastbourne Terrace London W2 6LG United Kingdom. Publication of the report will be announced in newspaper advertisements and through press and media announcements in Conakry and across the prefectures affected by the Project. A national stakeholder conference and series of local stakeholder conferences will be held in each of the prefectures through which the Project passes. These will be widely publicised in local media and invitations will be sent to the regional, prefectural, sub-prefectural and local administrative authorities, to community leaders, and to community-based and non-governmental organisations. The SEIA Team will make direct contact with government departments and non-governmental organisations inviting their comment on the Project and its impacts. In addition to these activities, a programme of mobile exhibition visits led by the Simandou Communities Department and field studies associated with planning for land acquisition, resettlement and compensation will be undertaken, visiting settlements throughout the Project area. These visits will provide the opportunity for communities affected by the Project to be consulted on the SEIA findings and allow local people to comment on the Project and its impacts prior to final decisions on design and construction. Meetings will be held in all villages directly affected by the Project. Local leaders, affected households and businesses, and special sectors within the community including women and other potentially vulnerable groups will be invited and encouraged to attend. The Project will also assist the Ministry of the Environment in organising formal public hearings as required by the Guinean EIA Regulations Managing Stakeholder Feedback Throughout the period of consultation a formal comment and feedback system will operate. Comments and questions can be submitted to the Project Team by various routes: by to simandou.eise@riotinto.com; by writing to: Equipe Communautés - EISE Simfer S.A Immeuble Kankan, Cité Chemin de Fer BP 848 Conakry, République de Guinée or to: Simandou SEIA ERM Exchequer Court 33 St Mary Axe London, EC3A 8AA United Kingdom; by raising a point or asking a question at a stakeholder event; by leaving a written comment at a stakeholder event or at a Simandou Info-shop or Info-post; or by raising an issue with the land acquisition planning team during village level consultations. 4-8

9 Comments can be submitted by any means (in person, in writing, by ) including on the pre-printed feedback form which will be made widely available. A copy of the feedback form is included in Annex 1F: Simandou Project Stakeholder Engagement Plan and is available on the website. All comments made by stakeholders, whether in person, by mail or , will be recorded in a Stakeholder Register and will be considered by the Project Team in completing detailed design, finalising the methods for construction and operation, and updating and implementing the Social and Environmental Management Plan. Where questions are raised that require an individual response, this will be provided and if any parties raise a grievance or complaint this will be managed through the Simandou Grievance Procedure (see Section 4.3.4). A report on the outcome of the consultation process will be prepared and published Grievance Procedure A Grievance Procedure has been established to receive and facilitate resolution of concerns and grievances about the Project s environmental and social performance. The Grievance Procedure is set out in Annex 1G: Simandou Project Grievance Procedure. It has been designed to resolve concerns promptly, using an understandable and transparent process that is culturally appropriate and readily accessible. Grievances will be addressed with no cost to the party that raised the concern and without retribution. The mechanism will also not impede access to other judicial or administrative remedies available to affected parties Future Stakeholder Engagement On completion of the SEIA regulatory procedure the Project will move forward into the implementation phase. A full programme of stakeholder engagement will continue during detailed design and construction phases and then throughout the lifetime of the Project. Details of this will be provided in an update of the Stakeholder Engagement Plan which will be published at the time of Project approval. This will be regularly updated thereafter. The long term programme of engagement will include: on-going liaison with regulatory authorities concerned with environmental and social issues; establishment of local community liaison groups which will be used to keep people informed of Project activities and seek their participation in decisions affecting their communities; publication of regular reports on Project progress, implementation of mitigation measures, compliance with the SEMP and overall performance; and sharing of monitoring results and consultation on responses to unforeseen impacts that may occur. 4-9