LAW, JUSTICE AND DEVELOPMENT WEEK 2011

INNOVATION AND EMPOWERMENTFOR DEVELOPMENT

November 14-17, 2011 Washington DC

LJD LAWJUSTICE andDEVELOPMENT

“Three to Tango”

Camilo Azcarate, ManagerOffice of Mediation Services (MEF)

World Bank Group

“Stakeholder participation in Environmental and Social Dispute Resolution Processes”

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Farallones National Park Los Andes, Colombia -1993

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Located: SW of Colombia, between Valle del Cauca and Pacific Ocean 206,500 hectares , 30 rivers. Designated as a National Park in 1968 Hundreds of species of flora and fauna, some unique/ endemic Los Andes

– 3,300 inhabitants – Activities: subsistence agriculture, logging, mining in the Farallones area

Issues– land use, titles and possessions not regularized– Water quantity/ quality – Later: illegal mining using mercury and cyanide

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Direct Negotiations (attempt)– Initiated by local government– EMCALI (water utility)– Local community

Trainings provided in negotiation to local community leaders in “Los Andes” Challenges: community stakeholders not engaging, high levels of distrust, security

issues

Photos: “El Pais”, Cali, Colombia

Farallones National Park Los Andes, Colombia -1993

Housatonic River Pittsfield, MA- 1997 -2011

Pittsfield– Located in Berkshires, East end of Massachusetts– Population 45,000 , per capita income $20,000/year– “Company Town”: GE was employer of choice for decades

Issue:-PCB Contamination– 1930’s – 1970’s: leaking of PCB’s into Housatonic River– 1990’s: Community created stakeholder groups (i.e. Housatonic River Initiative) to

advocate for clean-up efforts– 1997: EPA plan to designate as “Superfund”

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Housatonic River Pittsfield, MA -1997 -2011

Mediation– Between GE and local, state and Federal government and agencies.– Agreement (Consent Decree) completed in 1999

Challenges: – community felt “left out” of mediation (i.e. HRI)– high levels of anger/ distrust towards GE – complex/ long-term implementation with different alternatives for remediation

Facilitation:– Creation of a facilitated “Citizen’s Coordinating Council” (CCC)– CCC facilitated originally by MODR, currently by CBI

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Motorsports ParkImmokalee, FL -2001

Immokalee– Collier County, SW Florida– 4,000 families– 39% below poverty line, mostly agricultural laborers

Issue: noise/ environmental impact– Current activities include weekend drag racing in the location of local airport– 2000: proposal for the creation of Motorsports Park,– Community concerns with current and future noise impact– Economic Development impact of Motorsports Park

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Motorsports ParkImmokalee, FL 2001

Facilitation– Community Advisory Committee, comprised of Key Stakeholders: community

leaders, business leaders, government officials– “Advisory” role – Selection of Acoustic Engineer for analysis regarding: current noise levels, projected

sound levels and effectiveness of proposed measures to reduce noise Noise Impact Evaluation

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Lessons Learned

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Lesson 1: Importance of availability of professional, independent providers of “neutral services” for assessment, design and implementation

Lesson 2: Importance of Assessing the situationWho is a Stakeholder?- Who is/ will be impacted? - Who has a role in implementing ?- Who must agree ?- Who can block ?Key questions: Are stakeholders well defined? Do they have spoke-persons? Are they

sufficiently organized to engage? Do they have the resources needed to participate is the process?

Lessons Learned

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What are the Issues?- What are the principal issues?- What are the secondary issues?- How do the parties perceive the issues?- What is the most constructive way to define the problem (framing)?- What are the interests of each party?Key questions: Do the stakeholders have interests in common? Do they have a sense of

interdependence?

Relationship/ Process- What is the past history of interaction/ relationship between the parties? - Has some form of dispute resolution been attempted in the past? Have options for solutions been

explored in the past?- What do parties think about using some form of dispute resolution?- Is engagement in the interests of the parties (BATNA)?- Would there be constraints on an attempt to use possible dispute resolution - timing, legal

considerations, others?

Thank you!

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