Tuesday, July 15, 2008

Minutes :TAI Workshop

TAI Workshop Dehradun 20th and 21st of February 2008

Introduction

The initiation training of the North India Coalition of ‘The Access Initiative’ (‘TAI-NIC’ for short took place at the Dehradun, Uttarakhand, India on the 20th and 21st of February. The aim was to introduce TAI to the Research team formed to carry out the research in the two states of Uttarakhand and Himachal Pradesh. The members of the Advisory Panel for the study were also present in order to understand the process better and to guide in the implementation as well as provide strategic guidance for the project.

The Training programme was jointly organized by TAI NIC lead group i.e Legal Initiative for Forest and Environment (LIFE) and the Environics Trust with financial and technical support of the World Resources Institute (WRI).

The training was done by Joseph Foti, Associate at WRI and Lorain Gatlabayan from the School of Government, Philippines.

Overall, the participants benefited a lot from the workshop. The applicability of the Version 2 Software was also tested and all participants felt that the indicators are very much relevant in the Indian context and there seems to be no specific problem that one can foresee in applying the software in the Indian context.

Day 1:
Welcome note by
Dr. R.Sreedhar, Managing Trustee, Environics Trust. He welcomed all the participants and hoped this to a fruitful experience. In particular, he highlighted as to why the two states were selected for the Assessment. The need for Assessment arises in view of the continuous requirement that access rights are properly implemented and evaluated.

Ritwick Dutta, Convenor LIFE, and TAI-NIC Team Leader, highlighted the relevance of Principle 10 of the Rio declaration and the need for effective implementation of the Principle 10 in the local content. He stressed on the fact that the Right to Information Act combined with the EIA notification provides a strong basis for implementation Principal 10. There is a need to focus on how Principle 10 has been implemented in the context of India’s environmental law as well as how seriously it is taken by the Court, the State as well as other Institutions such as the Courts.

He further explained as to why the assessment were felt necessary in the Indian conetext. He explained that an assessment is currently ongoing in Karnataka and this is the first time that an assessment of these two states are being undertaken.

Introduction by Participants and advisors: All the 29 participants for the two states introduced themselves focusing on their current work

Introduction by Mr. Joseph Michael Foti from World Resources Institute, Washington followed by the presentation on aspects such as;
The Accesses Initiative;
The expectations & objectives of the TAI workshop;
Discussed 10 step approach to TAI assessment;
An overview of the TAI Global Network.

Discussions made on how TAI could contribute to the National Advocacy priorities and objectives.

Suggestions on the Team formation for the TAI National Coalition and decided that it should be a mixed bag with representatives from the Government, Local NGO’s, Activists, People from the Media.

Mr. R.Sreedhar discussed the possible case studies made in Himachal and Uttarakhand. The cases being;
The Pong Dam Himachal.
Pancheswar Dam
Sirmour Mining
Ascot Mining,
Rima Soap Stone Mining,
Closure of canal in Doon Valley,
Case of Urban Supply Management in Dehradun,
Slum services and redevelopment program,
Shivalik watershed development program,
JFM programme and Van panchayat in the State of Uttaranchal,
The Case of Taungyas in the context of the Tribal Act.
The Chakrata; the impact on Tourism.
State of Environment Reports Uttaranchal and Himachal,
Study of the geological Report on the Chamoli Earthquake and its implications,
Bhararisain Farm and Bhainsiyas,
Pancheswar Dam: - Its International Dimensions.

This was followed by a presentation by Ms. Loraine Gatlabayan
An overview of the Structure of the TAI indicators and the content of the indicator worksheet.
TAI methodology,

This was followed by general discussion on the role of media especially with regards to their role in the advisory panel. There were suggestions such as the advisory panel should consist of retired senior journalists, the scholarship programme for Journalists etc.

Day 2:
Cases were finalized under the following subheadings;
ACCESSES TO INFORMATION:
Eight Cases were finalized under five different headings such as; Air Quality Monitoring System; Water Quality Monitoring System; Environmental Emergency; State of Environment Report and Industrial Facility with records of Compliance with Environmental Requirements. The Cases were as follows;
· Darlaghat – Barmana Cement Plants and the resultant air pollution:
This study would focus on the cluster of Cement plants which have lately been the cause of severe air and other pollution and how information on the same has been provided to the communities.
· Urban Water Quality in Dehradun, Uttarakhand
The application of the TAI methodology will concentrate on the availability of quality water and information about water quality been made available to the consumers.
· Dhauliganga Power project phase 1 (Tunnel Leakage), Uttarakhand
Focusing on disaster preparedness, the issue of leakage of the tunnel and the disaster which followed the nature of institutional arrangement which exists for informing about the same to those likely to be affected.
· Baddi-barotiwala Pharmaceutical/ chemical industry pollution Issue. Himachal Pradesh
Analyzing the setting up of a Special zone for locating pharmaceutical industries and resultant pollution and other health impacts due to hazardous chemicals and the information system that exists.
· Chamoli Earthquake, Uttarakhand
Although the Earthquake happened more than a decade back the analysis would specifically focus on the issue of disaster preparadness.
· Kashipur Industrial Estate/Zone, Uttaranchal. The industrial estate has had multiple impacts on farmers. The extent to which information was provided to the affected communities at the time of acquisition of land as well as the current information access system will be the focus of the study.
· State of the Environment Report, Himachal Pradesh
· State of the Environment Report Uttaranchal 2004

PUBLIC PARTICIPATION:

Six cases were finalized under three headings: Policy-making, Regulatory decisions and Project-level decisions. The cases were as follows:

· Hydro power policies of Uttarakhand
Over 100 dams have re in different stages of operation as well as construction and an analysis of the policy in terms of the access principles is important.
· State Board for Wildlife of Uttarakhand:
The State Board for wildlife takes crucial decisions on wildlife as well as on developmental projects located in the state. The Board has rarely been the focus of attention.
· Kataldi Limestone Mining, Uttrakhand:
The mining on a forest was opposed by local villagers and was ultimately taken up before the High Court and a stay on the same has been continuing. It will be interesting to analyse in terms of TAI methodology in terms of access to justice.
· Hydro power policies of Himachal Pradesh.
Very much like the state of Uttarakhand, series of dams are operational and being approved. The policies will have to be evaluated in order to understand how they fare in terms of TAI Methodology.
· The Scheduled Tribes and Other Forest Dwellers (Recognition of Forest Rights) Act, 2006 :
Significant area of both the states comprise of Forest areas. The new law intends to confer land rights to forest dwellers. The process of law formulation as well as the mechanisms for implementation of the same would be an urgent necessity.
· State Biodiversity Board of Himachal Pradesh:
Biodiversity Boards are mandatory under the Biological Diversity Act, 2002. Like the Wildlife Board, the Biodiversity Boards have rarely been focused in terms of their role and functioning specially in the context of how far the public views and concerns are taken in the decision making process.
· Working Plan for Badrinath Forest Division:
The Working Plan is a mandatory process for felling of trees in Government Controlled Reserve Forests. Legally, Working Plans are to be formulated after taking into consideration, the concerns of the local people. The analysis will help in focusing to what extent the Working Plan takes into concern the needs and aspiration of the communities.
· Management Plan of Corbett Tiger Reserve:
Management Plans are mandatory plans through which activities are regulated and priorities worked out in National Parks and Sanctuaries. Management Plans have impact on the communities living in and around the Tiger Reserves.

ACCESS TO JUSTICE:

Five cases were finalized under four headings:
Denied rights to Access to information, Denied rights to Public Participation, Environmental harm and Non-compliance. The cases are as follows:
· Pala Maneri Hydro electric project (NEAA)
The local affected people took up the issue of faulty Environmental Clearance before the National Environmental Appellate Authority for the 416 MW HEP. The Authority gave limited relief to the affected people but was still important with respect to certain crucial aspects with regard to cumulative impact assessment for series of different dams coming up in the area. The assessment will focus on how the NEAA fared as an avenue for justice for the affected people
· Askot Multimetal Mining (Public hearing panel)
Although the Public Hearing Panel is not a judicial forum, it is crucial forum for recording the views of local people and other groups concerned about the impact of the project. Askot mining is crucial issue due to involvement of a Canadian Gold Mining company and the resentment of local communities to the proposed mining as well as its adverse impact of the endangered Musk Deer found in the Askot Wildlife Sanctuary. The assessment will focus on how the Public Hearing Panel heard and dealt with the concerns expressed by the people of the area and the response of the regulatory authority i.e Ministry of Environment and Forests in the matter.
· Pong Dam Himachal (BBMB).
The setting up of the Bhakra Beas Management Board as a authority to deal with the issues emerging from rehabilitation and other connected issue.
· State Highway through the Corbett Tiger Reserve and the role of the Central Empowered Committee (CEC)
The matter concerning the construction of the State Highway through the Corbett Tiger Reserve was challenged before the Central Empowered Committee of the Supreme Court by villagers as well as wildlife groups. The Assessment will focus on the CEC as an avenue for justice for concerned groups and individuals
· Rima Soapstone Mining (PLIA-DM-NETA)
This will focus on the implementation of the Public Liability Insurance Act (PLIA) as well as the role of the District Magistrate as well as National Environmental Tribunal Act, (NETA) in awarding compensation to victims of hazardous industries as well as compensating for the loss of the ecology in accordance with the Polluter Pay Principle.

Discussion on Methodology and Indicators

Software exercise: TAI Version 2.0 exercise.

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