ENVIRONMENTAL DPL IN PERU:
Lessons Learned
César Gamboa Balbín
Executive Director
Derecho, Ambiente y Recursos Naturales – DAR
Background



DPLs are instruments that can be very useful for highrisk environmental reforms
Improvement of the environmental and social
management of decisions and projects
Three DPLs 2008-2011 (+ $400 million) to improve
environmental and social management of EIA, among
other things
BACKGROUND: IMPROVEMENT IN THE NATIONAL SYSTEM OF
ENVIRONMENTAL AND SOCIAL MANAGEMENT OF PROJECTS
1. There was no SEA
implementation
2. There was no improvement of
intersectoral coordination
3. Criticism of EIAs in the mining,
hydrocarbon and electric
sectors
4. Prior consultation of indigenous
peoples was not respected
Therefore, socio-environmental
conflicts …
DPL RESULT: BETTER ENVIRONMENTAL IMPACT
ASSESSMENTS?
Environmental
Impact Assessments
Improvements in Instruments of
Environmental Management
Indicators for Environmental
DPLs in Peru
At the National
System of
Environmental Impact
Assessment level
Adaptation of the sectoral
environmental regulations to the
framework of the National System of
Environmental Impact Assessment
Approval of regulations for
the National System of
Environmental Impact
Assessment (not valid)
At the Strategic
Environmental
Assessment (SEA)
level
Implementation of SEA, especially in
the energy sector, in programs like
hydroelectric facilities in the Amazon.
Implementation of a SEA in
Peru (no compliance)
Improve the baseline study (ecosystem
analysis, economic consideration of the
value of natural resources and
At the Environmental
environmental services, as well as of
Impact Assessment
environmental and social impacts).
approval level
Improve the Environmental
Management Strategy, especially
social impacts.
Approval of a certain
number of EIAs between
2008 and 2011 (without
taking into account the EIAs
of emblematic mining,
hydrocarbon, hydroelectric
projects)
CONGA MINING PROJECT: HALTED
1. An expert report on Conga,
complementary to the
Conga Mining Project’s EIA
(Newmont) questions the
quality of the EIA
2. Conga, La Granja,
Michiquillay, Galeno,
Pucamarca, Tía María, Río
Blanco, Toquepala,
Cañariaco and the other
projects that have been
stopped already add up to
US$ 22 billion.
Camisea Gas Project: Disorganized
Investments in the Same Mining Area
-
-
Project to expand the
operations of “Block 88”:
The EIA has yet to be
approved because of its
effects on isolated
indigenous communities;
the opinions of the
sectors have been
delayed and have been
questioned despite the
new reduction of the
deadline for EIA
approval to 6 months
CREATION OF INSTITUTIONALISM TO APPROVE
CATEGORY A EIAS
Loss of confidence in the approval of EIAs
A new institution was created that depends on the Ministry of the
Environment and that has not yet begun to operate (2012). This has
produced tension between sectors.
Peru’s National Service of Environmental Certification (SENACE)
Law:
1.3 “SENACE is the entity responsible for reviewing and approving
the Environmental Impact Assessments listed (…) except for the
Environmental Impact Assessments listed that are expressly
excluded by the Council of Ministers, which will be evaluated by
the sector.”
CONCLUSIONS AND RECOMMENDATIONS
1.
The experience of environmental DPLs in Peru must be viewed from a critical
perspective in order to improve an instrument that can be more effective if it
includes environmental and social risk assessment in its design phase, in its
monitoring, and in its results.
2.
Clearly, we must move beyond quantitative indicators to qualitative ones to
measure results, to monitor them, and to ensure that they represent changes
to the environmental management of a country that lives through social and
environmental conflicts due to the low quality of its environmental
management and the distrust of stakeholders.
3.
The Bank must begin to broaden the way in which it evaluates the risks of
DPLs to include those affected and those involved. Civil society can support
this review process by exchanging knowledge if there is greater
transparency and participation.
4.
The Bank must include DPLs in its safeguards review process, since the current
DPL policy does not guarantee a better performance for this type of loan.
Thank you!
Cesar Gamboa
cgamboa@dar.org.pe
Derecho Ambiente y Recursos Naturales, DAR
www.dar.org.pe