The World Bank/WBI’s CBNRM Initiative

Case Received: February 8, 1998

Author: Babajide Alo, University of Lagos

Telephone/Fax: +234 1 82 5237

Email: alo@pinet.net

Innovative participatory principles and tenets are increasingly creeping into policy on environmental projects/programmes in sub-Saharan Africa. This is upcoming with the increasing requirements for sustainability of environmental projects in the region and the realization that "participation endeavours are never neutral - they always have an impact, whether positive or negative" (Cook and Donnelly-Roak, 1994). In order to effectively mainstream the tenets of participation, broad, long term policies and programmes are beginning to be established.

Various institutional initiatives have been introduced to inculcate community-based natural resource management tenets in the Nigerian economy since the enactment of the Nigerian National Policy on the Environment. In Nigeria, the National Policy on the Environment implicitly invokes the strong necessity for people-centered solutions to sustainable development as it highlights the catchword in describing people as the instruments, beneficiaries as well as the victims of all development activities and therefore mandates their active involvement for a success of the development process. It recognises that the hardest hit by environmental degradation are the least well-equipped to protect themselves.

From the Nigerian national policy have emerged a number of command-and-control (CAC) measures to actualise the participation mandate and requirements delineated in the National Policy. While the Nigerian NEAP did not overtly emphasise the role of community-based participatory processes, the Federal Environmental Protection Agency (FEPA) took a giant leap in instituting participation in all environmental assessment projects or programmes through the further enactment of the EIA Act cited as the Environmental Impact Assessment Decree No. 86 of 1992. The Act is replete with Sections that make community-based participatory processes mandatory in the EIA for decision-making over any proposed public or private project in the country. Early in the statements of the Decree, i.e. in Section 7 of the Decree, it commands that "before the Agency gives a decision on an activity to which an environmental assessment has been submitted, the Agency shall give opportunity to government agencies, members of the public, experts on any relevant discipline and interested groups to make comment on ....... the activity"

In Section 11, it is also required that the regulatory agencies shall notify and transmit information to all affected State or Local Government Areas of the proposed activity and even as in Section II(C) "enter into timely consultations with the affected State or Local Government".

This is to solicit community-based public participation in the execution cycle of such projects and the management of natural resources before any decision is taken by the Agency on the project as in Section 22(3).

For projects or programmes classified for a mandatory EIA study, the Law is clear and unambiguous for community-based mandatory participatory processes in such activities. Apart from compulsory notification and consultation with the people and communities of "potentially affected States or Local Government Areas" in the course of conducting an EIA, the statutory review process requires in Section 25 that Public comments and public concerns are the key elements that would guide the Agency in granting an approval for the Project/Programme or termination of such Project. The Nigerian Law allows for mediation or a review panel with a mediator (who must hold its hearings in public and has powers to summon any member of the public as witness) for any disputes that may arise followingpublic participation. Such a mediation is anticipated to help participants reach a consensus. The consensus report must also be made available to the public. All EIA review panels must consist of the Federal Agency, affected State and LGA authorities and recognized NGOs/CBOs. These are enunciated in Section 32-39 of the Decree.

The practice and experiences of the implementation of this Statute so far have been interesting. In developing strategies for the implementation of the Decree, FEPA has undertaken a number of steps. One key-step is the publication of procedural and sectoral guidelines for EIA in Nigeria. These guidelines clearly re-affirms the requirements for public participation by instituting a requirement of public forum and community or stakeholders consultations reports with minutes of such meetings to be incorporated in every EIA Report. Similarly, every EIA Report is to be displayed in at least five public centres (including the affected States and Local Governments) for 21 working days for public review. This is to provide opportunity for concerned citizens comments that may be submitted to the Review Panel for decision-making. These procedures are being rigorously adhered to. Criteria for disapproval of Projects majorly include non-compliance with these guidelines. Hence in Nigeria now (since 1994), all proposed projects or activities have

1. the compulsory inclusion of local/indigenous values in the environmental assessment and mitigation methodologies throughout the Project life cycle;
2. the mandatory inclusion of local values in the EIA process even at the scoping Stage or in the impact analysis/analysis of alternatives; and
3. the direct involvement of the public in the EIA Report review via either inclusion of members of the community in Panels, mediation or public forum meetings.

In order to further accentuate the excellent implementation of these institutional developments, various empowerment programmes to build or improve capacity of the locals and indigenes have been introduced. One of such programmes have been embarked upon by this author and is described in the following.

This programme is an initiative being organized by the author for and on behalf of the Federal Environmental Protection Agency under the Agency's World Bank-assisted National Environmental Management Programme (EMP) through a Bank Credit approved for Nigeria in Fiscal 1992. This is the first formal and comprehensive initiative by the Federal Government to take the tenets of sustainable development to the grassroots through training and empowerment workshops and an environmental awareness programme for all the 794 Local Government Areas of the 36 States in Nigeria divided into ten zones of 3-4 States and about 70 LGAs in each zone.

The objectives of these empowerment Workshops are

• to provide valuable information to each of the 794 Local Authorities towards capacity building in accordance with the requirements and tenets of Agenda 21;
• to sensitize Local Government officials to the problems of the environment and ensure that the officials appreciate the need for a sound environmental policy to achieve sustainable development;•     to promote the inculcation of sustainable development tenets in decision making at the local government level;
• to examine and address relevant environmental problems of the respective LGs either individually or in cooperation with others for trans LG problems; and
• most importantly, to mobilize the LGs to become active partners of FEPA in the protection of the Nigerian environment.

At each of the training Workshops, apart from exhaustive working group, discussions and evaluations of the environmental problems peculiar to the respective ecological zone, the following agreed issues commonly engage the focus of the participants

1. general local environmental problems monitoring and abatement issues;
2. industrial, agricultural and environmental health problems;
3. legal and socio economic implications of environmental problems.

The working groups are usually guided and focussed group discussions (FGDs) including the articulation of suggested plausible solutions on thematic options such as

• improving community participation in sustainable development;
• erosion and flooding problems or the appropriate ecological problems of the zone;
• municipal waste management issues; and
• the need for review of any environmental laws: Edicts, Regulations, Enabling Acts, etc.

The participants expected at each of the Workshops include the Chairmen of all Local Governments in the Zone, all Local Government Senior Officers in charge of environment and/or sanitation matters, recognized community leaders and active NGOs and Directors or Chief Executives of State EPAs.

The goals of the programme includes strategies to ensure that acquired knowledge and expertise from the Workshops impact LG policy and re-orients communities. It is also planned that State EPAs and other Agencies, e.g. the National Orientation Agency would be involved in further pre- and post-Workshop initiatives through grassroot seminars, etc., once the interest has been instigated in these stakeholders.

Our experience on this initiative so far is convincing enough for us to recommend similar activity for other sub-Saharan countries.

The trends observed as this participation process increases includes:

1. It has provided excellent participatory process launch-pads for local communities as their leaders become aware of the necessities and economic advantages of sustainable development. The initiative provides opportunities for participation by NGOs, CBOs, local governments and other catalysts for development.
2. Concepts of development of sustainable environmental management programmes and practices within communities and the LGAs have been initiated several examples now exist.
3. Decision-making (on problems and plausible solutions to be effected) on the local resource management are now being executed in a participatory manner involving consensus building.
4. More networks and local groups are emerging as local groups become increasingly empowered.
5. Policies and plans are becoming increasingly coherent across Local Government Authorities.
6. Costs of the participatory processes reducing as local frameworks are getting established.
7. Local Environmental Committees (LECs) are emerging in LGAs where absent.
8. Framework for the launching of Local Environmental Action Plans (LEAPs) process gradually being established.
9. Federal and State regulatory agencies and institutions are becoming more receptive and mainstreaming local participation in all policy frameworks.

The positive impact of the programme so far nationwide has been the continued empowerment of people-centred decision making (more especially local peoples increasing involvement) in environmental projects and programmes, is the observable change process gradually being observed in the manner locals are improving their environmental resources and the challenge is to increase the level and effectiveness of participation. These challenges in our present context can be daunting except priority is given to

1. drastic policy and institutional reviews;
2. training in participatory methods to ensure inter alia equity and avoid usurpation by community elites;
3. drastic changes in external agencies financial and resource-allocation decision making processes. Complete retention of financial allocation decisions in the Agencies tends to hamper the growth of local institutions and poor sustainability of programmes; and
4. avoidance of "blue-printing" community participation as if it's a time-consuming process. Gradual incorporation and use of the process is recommended.

Approaches to handling these challenges could be provocative questions for analysis at the EDI International Workshop as answers will not only be illuminating but will improve the goals of providing alternate approaches and viable institutional options to resolving conflicts in the use of natural resources particularly at the local level.

1. Carew-Reid, J., Prescott-Allen, R., Bass, S., and Dalal-Clayton, B., 1994 Strategies for National Sustainable Development, IUCN, Gland, Switzerland
2. Cook, C.C. and Donnelly-Roak, P., Public Participation in Environmental Assessments in Africa in Goodman, R., and Edmundson, V. (Eds.) (1994)
3. EDIEN, 1995 Discussion Papers at the TOT Workshop on the Political Economy of the Environment.
4. FEPA, 1989 National Policy on the Environment, Federal Environmental Protection Agency, Lagos, Nigeria.
5. FEPA, 1992 Decree No. 86 - Environmental Impact Assessment Decree 1992.
6. Nagle, W.J., and Sanjay, G., 1990 "Community Participation in World Bank supported Projects" Strategic Planning and Review. Discussion Paper 8, Washington, D.C: World Bank.
7. Serageldin, I., and Steer, A. (Eds) 1994 Making Development Sustainable - From Concepts to Action, Environmentally Sustainable Development. Occasional Paper Series No. 2. Washington, D.C: World Bank.