TAI Training:

Public Participation

Four Pillars

Acc

ess

to

Just

ice

Acc

ess

to

Info

rmat

ion

Pu

blic

P

arti

cip

atio

n

Cap

acit

y B

uild

ing

Public ParticipationPublic Participation

Provides a forum

Ensures voices are heard

Promotes dialogue around important issues

Provides a forum

Ensures voices are heard

Promotes dialogue around important issues

Valuing Public ParticipationValuing Public Participation

TAI Assessment StructureTAI Assessment Structure

Constitutional Law

Case Studies

Access to Information:

27 indicators

Public Participation:31 indicators

Access to Justice:

33 indicators

6 constitutional law indicators applied once per assessment

+General Law

16 general law indicators applied once per assessment

+

Capacity Building:

12 capacity building

indicators applied

once per assessment

`

Capacity Building is integrated into the case studies and general indicators.

Public Participation Case Studies

Emergencies

Air QualityMonitoring

Facility Reporting

Policy-Level Decision

Regulatory-LevelDecision

Project-LevelDecision

Access to Information

Public Participation

Environmental Harm

Water QualityMonitoring

State of EnviroReports

Non-Compliance

Access to Justice

Access to Information

Public Participation

Public Participation Case Studies

Poverty Case StudiesPoverty Case Studies

Captures the concerns of the poor

Two (2) case studies must use the poverty indicators

Poverty-sensitized indicators

Number of Case StudiesNumber of Case Studies

Prescriptive Case Types

Case Types at Researchers’

Discretion

Total Minimum

Cases

Access to Information 4 4 8

Public Participation 3 3 6

Access to Justice 3 1 4

TOTALS 10 8 18

Three Levels of Participation

Decision-Making ProcessDecision-Making Process

Public Participation IndicatorsPublic Participation Indicators

What information is available?

Are there provisions,

regulations or rules?

What stage of the decision-

making process?

Are there laws

or constitutional

guarantees?

Who can participate?

Is government

accountable?

Valuing Indicators: LawValuing Indicators: Law51. To what extent does the law require the government to provide opportunities for public involvement in the selected decision-making process?

Valuing Indicators: EffortValuing Indicators: Effort60. To what extent does the responsible agency make available to the public a clear description of its decision-making processes, including opportunities for participation?

Valuing Indicators: EffectivenessValuing Indicators: Effectiveness

84. To what extent did public participation influence the final decision in the selected case?

Choosing Priority Sectors

Economically Significant

• Significant contributor to GDP

• Large employer

• Unique to your country

Environmentally or Socially Significant

Representative

• Significant environmental

impacts

• Significant health impacts

• Impact vulnerable populations

• Should reflect average

practice• If it is NOT an average case,

then this must be noted in the assessment

Sample Priority Sectors

IMPORTANT SECTORS Water and

sanitation Extractive

Industries Biodiversity

Forestry Agriculture Poverty

Electricity Tourism Women

Manufacturing Services Children and Youth

Government Fisheries Minorities

Chemicals Transport Health

Toxics Indigenous Peoples

Trade

Globalization Genetically Modified Organisms

Illegal immigrants

Project-Level Decisions

Guidelines for Case Selection

From a “priority” sector

Ideally from the same sector as a policy-making case study

Representative

Project-Level case studies should be:

Ideally one case will involve an EIA

Recent

Regulatory-Level Decisions

Policy-Level Decisions

Guidelines for Case Selection

CASE STUDIES SHOULD BE

From a “priority” sector

Representative Recent

EXTRA CASE STUDIES SHOULD

Represent different scales

Only one needs to be from a ‘priority sector’

Regulatory and policy-level case studies

Public ParticipationPublic Participation

LAW

PRACTICE

(Effort and Effectiveness)

Case Type Example Cases

Public Participation Legal Analysis

Policy level decision-making

Water Resources Management Plans of Saraburi and Petchaburi Provinces, Thailand

Regulatory decision-making

Reforms to the NOM ECOL- 22 (Water Standard) Without Taking Into Account the Public Participation Process Specified by Law, Mexico

Project level decision-making

Planning and Construction of the Via Baltica Expressway, Poland