The government of Ethiopia introduced the Environmental Impact Assessment (EIA) Proclamation No. 299/2002 in 2002. The overall objective of this study is to critically assess the EIA proclamation (Proc. No. 299/2002) of Ethiopia. So as to critically assess the level of public participation, the adequacy and effectiveness of legally established laws in the EIA process, this study employed qualitative data analysis. This study revealed that the role of public participation in the entire EIA stages is weak. The study also identified that both the legal and institutional frameworks have remained inadequate to ensure full effectiveness of the EIA system. Moreover, this study describes the existence of weak coordination among or between federal, regional, zonal and other sectoral units. Hence, this study recommends that its effective implementation necessarily requires the involvement of the public and the issuance of more specific subsidiary instruments.
Table of Contents
1. Introduction
2. Basic Concepts of Environmental Impact Assessment (EIA)
3. Environmental Impact Assessment in Ethiopia: An overview
3.1. Environmental impact assessment proclamation (Proc. No. 299 of 2002)
4. EIA Proclamation, No. 299/2002: An Overview
4.1. The Public Participation in the EIA Process in Ethiopia
5. Conclusion
Research Objectives & Core Topics
The primary objective of this research is to provide a critical assessment of the Ethiopian Environmental Impact Assessment (EIA) Proclamation No. 299/2002, specifically evaluating the effectiveness of its legal and institutional frameworks and the level of public participation within the process.
- Analysis of the legal requirements and constraints of the EIA Proclamation No. 299/2002.
- Evaluation of the role and extent of public participation in the EIA stages.
- Assessment of the coordination mechanisms between federal, regional, and sectoral environmental agencies.
- Identification of institutional gaps hindering the practical implementation of EIA.
Excerpt from the Book
4.1. The Public Participation in the EIA Process in Ethiopia
The EIA proclamation contains some provisions which deal with public participation. Articles 9 and 15 provide the role of the public at EIA evaluation stage. While article 15(1) obliges FEPA and REAs to make EIAs accessible to the public and solicit comments on them, article 15(2) obliges these organs to ensure that the comments made by the public and by the communities likely to be affected by the implementation of a given project are incorporated into the Environmental Impact Statement (EIS) report and in its evaluation. It also obliges FEPA and REAs to take action on EIAs submitted to them, within 15 working days, after evaluating them by taking into account any public comments and expert opinions. Therefore, one can conclude that the scope of the proclamation with regard to public participation in the EIA process is broad at EIA evaluation stage than at the stage where EIA is done.
However, it is still complex to implement the provisions of the EIA proclamation on public participation in particular at EIA evaluation stage because there are no binding instruments (such as regulations or directives) on how the public can participate in the EIA process. For instance, it is not clearly known how FEPA and REAs should make EIS reports accessible to the public and solicit comments on them. Furthermore, it is not clear for how long these organs need to solicit public comments. The EIA proclamation obliges environmental protection organs to take action within 15 working days. Consequently, there is no separate time allocated to public participation in the EIA evaluation process; instead, the proclamation requires 15 working days to be used for gathering comments, reviewing reports and taking actions. As a result, it is hardly possible to say that environmental protection organs can engage the public, review EIAs, and then take action on EIAs within 15 working days.
Summary of Chapters
1. Introduction: This chapter contextualizes the necessity of EIA in Ethiopia's development trajectory and states the research objective to critically assess the national EIA proclamation.
2. Basic Concepts of Environmental Impact Assessment (EIA): This section defines the core concepts of EIA, highlighting its purpose as a tool for informed decision-making and environmental protection.
3. Environmental Impact Assessment in Ethiopia: An overview: This chapter traces the evolution of EIA in Ethiopia from early donor-driven projects to the formal adoption of national proclamations, including the establishment of the Environmental Protection Authority.
3.1. Environmental impact assessment proclamation (Proc. No. 299 of 2002): This section details the rationale and the critical actors involved in the implementation of the 2002 EIA Proclamation.
4. EIA Proclamation, No. 299/2002: An Overview: This chapter evaluates the functional scope of the proclamation, specifically its applicability to both project-level and strategic-level assessments.
4.1. The Public Participation in the EIA Process in Ethiopia: This section critically examines the provisions for public engagement and identifies the procedural hurdles that limit meaningful participation.
5. Conclusion: The concluding chapter summarizes that despite the established legal framework, the EIA system suffers from implementation gaps, weak inter-agency coordination, and inadequate public involvement.
Keywords
Proclamation, Environmental Impact Assessment, Public Participation, Sustainable Development, Ethiopia, Legal Framework, Environmental Protection Authority, Regulatory Implementation, EIA Process, Institutional Coordination, Environmental Degradation, Development Policy, Strategic Assessment.
Frequently Asked Questions
What is the primary focus of this study?
The study provides a critical assessment of the Ethiopian Environmental Impact Assessment (EIA) Proclamation No. 299/2002, examining its effectiveness as a legal tool for sustainable development.
What are the central themes of the work?
The central themes include the legal architecture of Ethiopian environmental law, the challenges of institutional implementation, and the role of public participation in developmental projects.
What is the main research question?
The research seeks to determine whether the existing legal and institutional framework in Ethiopia is adequate to ensure the full effectiveness of the EIA system.
What methodology does the author employ?
The study utilizes a qualitative data analysis approach to evaluate legal provisions and the practical realities of the EIA process.
What does the main body of the text cover?
The main body covers the historical context of EIA in Ethiopia, a detailed review of the 2002 Proclamation, the distinction between strategic and project-level assessments, and an analysis of public participation mechanisms.
Which keywords best characterize the work?
Key terms include Proclamation, Environmental Impact Assessment, Public Participation, Sustainable Development, and Institutional Coordination.
How does the lack of subsidiary laws impact the EIA process?
The absence of specific regulations and directives makes it difficult to implement the broader provisions of the Proclamation, creating a gap between legal theory and actual practice.
Why is public participation considered weak in the Ethiopian context?
The study highlights that there is no separate time allocated for public engagement, as the 15-day window for environmental bodies is too short to effectively gather comments, review reports, and take final action.
What is the author's stance on hierarchical power relations?
The author argues that the current hierarchical relationship between federal and regional environmental agencies leads to weak coordination and confusion within the EIA process.
What is the primary recommendation regarding the implementation of EIA?
The author recommends the issuance of specific subsidiary instruments and the strengthening of coordination between government agencies to ensure that constitutional rights regarding the environment are realized.
- Quote paper
- Gedifew Yigzaw (Author), 2019, Assessment of Ethiopian Environment Impact Assessment (EIA) Proclamation No. 299/2002, Munich, GRIN Verlag, https://www.grin.com/document/497750
