States have an obligation to engage with IPs at the earliest stage of any decision making processes affecting them. However, govts often launch consultation efforts after important decisions have been taken. This prevents IPs from having a real chance to affect the outcome of the decision making process. It also creates a climate of bad faith, distrust and polarization which can lead to social unrest. A case in point is that of the IPs and the LAPSSET project in Lamu. The Impact Assessment that was conducted by the National Environment Management Authority (NEMA), was rushed through and the public commentary period dodged. Local people have a right to review whatever assessment has been made of the impact that this proposed project will have, particularly if it was done with any degree of integrity. However, NEMA did not make it public within the stipulated period of time nor did it distribute assessment to all stakeholders. This was a breach of the Kenyan law which clearly mandates that EIAs must be announced publicly and made available prior to the public commentary window.The feasibility study carried out by the Japan Port Consultants Ltd in 2010 clearly spells out that the Lamu port will have extensive effects on both marine and terrestrial life, and establishes that an EIA is essential before the initiation of the construction of the port as stipulated by the Environmental Management and Coordination Act (EMCA) 1999. However, no proper guidelines were followed during the EIA neither were there consultations as required by Articles 42 and 69 of the Kenyan Constitution. Although the EIA is now available for download, NEMA put it up there when the deadline was less than 48 hours away. By law NEMA must publicize a gazette notice, publicize in one newspaper at least and broadcast on at least 2 radio stations about the EIA at least 14-30 days prior to the closure of comments. This was not done. Section III (17.l) of the EMCA 1999 further emphasizes that, “during the process of conducting an environmental impact assessment study under these regulations, the proponent shall in consultation with the Authority, seek views of persons who may be affected by the project”. The feasibility study that was carried out in 2010 by Japanese Port Consultants further specifies that a minimum of two stakeholder forums must be carried out. However, since the GOK expressed plans to undertake the LAPSSET multipurpose transport and communication corridor in 2009, the government only carried out a sensitization meeting with stakeholders, but none with the affected communities yet the work has already commenced. Despite the significant impacts expected by the port and the scale of the project, there has been limited information provided to the people of Lamu. Information has been restricted to the Provincial Administration and select community leaders and government officers in Lamu and Nairobi high offices. This is a violation of Kenyan Law which in Article 35 provides for the right to freely access information. A committee for the port was only just formed on the last week of January 2012 after the GOK already ploughed through farms to make way for the port area. To further exemplify the “secrecy” behind this project, the Japanese Port Consultants contracted to for the port feasibility study has declined to provide information on their contract sum and the tendering process to the parliamentary committee on Transport, Public Works and Housing, thus depriving Kenyans the information on the fiscal implications of the project.
Posted on: Sun, 06 Jul 2014 14:34:48 +0000
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