Session Chair(s):
Angeles Mendoza Sammet, Eric Gagnon
(a) Three messages on the theme "Confidence in Impact Assessment"
(I) Will it be enough for IA to continue to evolve?
The timelines and rules of IA processes set by regulators do not fit the needs, times and cosmology of Indigenous groups. For indigenous and non-indigenous groups, having the emphasis on approving or streamlining projects leaves insufficient time to develop the trust and confidence needed in the process. The emphasis of the assessment and decision processes on resource use and on tangible and/or material components of the environment has disregarded the intangible and spiritual values that are essential for well-being and the continuation of cultures, languages, and ways of living.
The global situation calls for a transformation of human activities. To get away from the emphasis on extraction of resources that is at the root of ecosystem degradation and the loss of ecosystem services vital for humans and other lifeforms on Earth.
To have confidence in IA, its process, the way in which the environment is defined, and the way in which practitioners perceive the environment needs to be transformed too:
- The declaration of the human right to a clean and healthy environment recognizes that an impaired environment is essential for human wellbeing[1].
- Beyond the human-centred perspective, Indigenous People and environmental activists have been advocating for the recognition of nature’s rights, which countries such as Ecuador and Bolivia have enacted as the Rights of Mother
- Earth. Rivers such as the Ganges and Yumana Rivers in India[2] and the Whanganui River in New Zealand[3] are now recognized legally as persons.
- The initiative to enact the rights of the rivers continues[4].
- The initiative to declare ecocide as an international crime[5] is also gaining momentum.
How prepared are the current environmental laws, the administrative rules, and IA practitioners to see the environment in this new way, as someone that has rights that need to be respected? Opinion of the audience was that we are not prepared, at least not if we continue using the Western perspective.
Still. Talking about the environment considers mainly what is tangible or what can be seen. Intertwined with is the wider, intangible realm that people in different cultures recognize value beyond the material aspects. Some cultures talk about it, other consider it too sacred to be mentioned, but still needing to be respected and protected. To integrate the intangible in IA, practitioners as outsiders do a poor job, often taking long paths and/or using complex methods to reach similar conclusions to what locals have known for eons. More collaboration between IA practitioners and local and indigenous groups are need to be developed knowledge partnerships based on open-mindedness and trust. These partnerships may be the best way to create new perspectives to integrate the intangibles in IA and learn not to apply the mitigation hierarchy to impacts that affect them.
[1] https://news.un.org/en/story/2021/10/1102582
[2] https://www.theguardian.com/world/2017/mar/21/ganges-and-yamuna-rivers-granted-same-legal-rights-as-human-beings
[3] https://www.theguardian.com/world/2017/mar/21/ganges-and-yamuna-rivers-granted-same-legal-rights-as-human-beings
[4] https://www.iucncongress2020.org/programme/official-programme/session-52640#:~:text=The%20Universal%20Declaration%20of%20the%20Rights%20of%20Rivers%20(%E2%80%9CDeclaration%E2%80%9D,the%20rights%20of%20rivers%20movement.
[5] https://www.stopecocide.earth/
(II) Is there a better way to ensure that impact-assessable matters are taken into account in project and policy decision making?
To low confidence: the adherence to fix processes, regulations and rules that do not fit the times, cosmology and needs of communities.
To High: Few cases in which the impact of past actions are acknowledged and there is collaboration with communities and knowledge holders to find ways to restore the environment and the relations of people with it.
Contributing to low confidence is the influence of economic interests in the process and the decisions. Decisions about projects often are influenced by the political or economic interest of a group, leaving out the views and rights of communities and the environment, which often still pay for the externalities that are not accounted for in project assessment.
(III) If revolutionary change is needed, what might it look like?
Change is needed in all parts: authorities need to redesign their own rules and fixed processes, to be really adaptive. They need to enact the rights of communities to say no to development and apply the precautionary principle to integrate intangible, spiritual and sacred values: the lack of scientific evidence or methods to assess impacts on them should not be taken as a reason to exclude them form the assessment. Impacts on intangible aspects should be considered as significant and design measures to avoid harming them because those impacts cannot be mitigated.
Proponents need to talk directly with communities before any project starts to understand communities’ needs, tangible and intangible/spiritual values to move form community consultation to collaboration. Proponents and communities can acknowledge their different world views and co-design and assess projects, rather than impose projects on communities and then try to mitigate the negative effects. and do the follow-up.
Communities, especially in developing countries, need to build a knowledge base that includes their rights and the IA process. In many cases, this requires reclaiming their culture and values, which have been supressed by colonialism, and revalue how tangible and intangible aspects contribute to their wellbeing and ways to relate to the living and non-living environment. This may require support from authorities and proponents can also support this to work, relating to with communities as partners, not as the other party.
Authorities need to lead in support this and open paths for proponents in case the later have not experience in developing truthful relationships with communities.
Impacts on intangible aspects are intergenerational. Even if those impacts have happened decades ago, authorities, proponents (or project owners) and communities need to seek mutual understanding to find ways to restore what has been lost, as much as possible.
Recommendations for impact assessment practitioners:
Change is needed in all parts: authorities need to redesign their own rules and fixed processes, to be really adaptive. They need to enact the rights of communities to say no to development and apply the precautionary principle to integrate intangible, spiritual and sacred values: the lack of scientific evidence or methods to assess impacts on them should not be taken as a reason to exclude them form the assessment. Impacts on intangible aspects should be considered as significant and design measures to avoid harming them because those impacts cannot be mitigated.
Proponents need to talk directly with communities before any project starts to understand communities’ needs, tangible and intangible/spiritual values to move form community consultation to collaboration. Proponents and communities can acknowledge their different world views and co-design and assess projects, rather than impose projects on communities and then try to mitigate the negative effects. and do the follow-up.
Communities, especially in developing countries, need to build a knowledge base that includes their rights and the IA process. In many cases, this requires reclaiming their culture and values, which have been supressed by colonialism, and revalue how tangible and intangible aspects contribute to their wellbeing and ways to relate to the living and non-living environment. This may require support from authorities and proponents can also support this to work, relating to with communities as partners, not as the other party.
Authorities need to lead in support this and open paths for proponents in case the later have not experience in developing truthful relationships with communities.
Impacts on intangible aspects are intergenerational. Even if those impacts have happened decades ago, authorities, proponents (or project owners) and communities need to seek mutual understanding to find ways to restore what has been lost, as much as possible.
Recommendations for policy makers and other stakeholders (please specify if possible):
Policy makers and regulators should recognize -in policy and legislation- that everyone, regardless of a nationality or ethnic affiliation is connected to the land and water by intangible and spiritual values. These values, together with spiritual beings that some cultures recognize, are not just expressions of a culture but real components of the environment that keep people and land together. In the past, these values have guided the way in which social groups, especially indigenous groups, managed and took care of the resources, with a multigenerational perspective for planning. The Western approach has imposed other values and ways to relate to and value the environment, with an emphasis on economic growth and extracting what is possible, not what is needed. This has led to the degradation of land and water we experience. resources and Realize that they are fragile and inseparable from the land, and considered them. The knowledge and culture attached to intangible values and spirits are not important only for the community that cares for them, but are part of humankind toolbox for adaptation. Value them as they are when decided if a project is really for the benefit of the people. There are no effective mitigations for impacts on the intangible, so apply the precautionary principle considering that the impacts go beyond the current time and space,
Proponents should leave inflexible processes aside, and first take time to start getting to know each the people and understand their views. Still, only in few cases proponents take time to build relationships and opt to be flexible, seeking to create together a project instead of asking communities to accommodate a project and consent to the losses.