Guiding Chinese Investment: Government and NGO Collaboration Douglas Whitehead Global Environmental Institute Exchange on Development and Environmental Issues Summit Parkview, Yangon, March 28 2011 Summary • • • • Go Out Strategy Chinese FDI and its Environmental Challenges Environmental Challenges Chinese Policies – International Guidelines – Domestic Policies and Guidelines • GEI Case Study – IPP Program The “Go Out Strategy” • Since early 2000s, guided by inst. like Exim bank • US$40.65 of outbound Direct Investment Overseas • Sectors: Timber, Hydropower, Plantations, Mining, Oil & Natural Gas • Regions: SE Asia, Africa, Latin America • China working to maintain Image as responsible superpower • Challenge: How to ensure best environmental impact overseas? China’s FDI Overall Source: OECD By sector By Region (hydro) Source: GEI Environmental and Social Impact • Environmental – Effects on biodiversity – Deforestation and Watershed degradation – Soil Fertility – Pollution and waste • Social – Community livelihoods – Cultural value Merowe Dam, Sudan China Int’l Water and Electric Sedimentation, evaporation, resettlement Loango Oil Field, Gabon Sinopec Threat to 67,000 hectares in National Park • Potential Blowback – Project related risks – Effects on bilateral/regional relations Nam Ngum 5, Laos Sinohydro Potential flooding damage to watershed communities (under-construction) What and Who is at Stake? • Chinese Government and Enterprises – China’s ecological deficit (WWF-CCICED) – Managing environmental and social risks (growing concern) • Host Countries – Governments: development priorities – Communities/indigenous peoples: livelihoods – Civil Society: Environmental/Social Welfare International Guidelines • • • Equator Principles – 2008 MoU with SEPA – One Chinese Bank signatory UNEP: Finance Initiative (UNEP: FI) Principles for Responsible Investing – Growth in signatories from emerging market investors UN Global Compact – 139 Chinese Members by 2009 • • • • IFC: Policy and Performance Standards – MoU with ExIm Bank, MEP – Support for China’s ‘Green Credit Policy OECD Guidelines for Multinational Enterprises – No emerging market signatories Global Reporting Initiative – Domestic Sustainability reporting in China Extractive Industries Transparency Initiative – No support yet from China and India Domestic Policies: Greening Chinese Investment • Sustainable Investment Policies – 2002 Environmental Impact Assessment Law (NPC), among many – 2008 Guidance on Centrally Owned Enterprises Fulfilling Social Responsibilities (SASAC) – Market based instruments (DPS, EPBs, tax incentives, green credit, green insurance) – ISO 14001 Certification Requirements • FDI-Specific – 2007 Nine Principles on Encouraging and Standardizing Foreign Investment(State Council) – 2007 Guidelines on Sustainable Management of Overseas Forests by Chinese Enterprises (SFA, SEPA) – 2008 Guide to Strengthen Regulation on Listed Companies (SASAC) Policies: Green Finance • Green Lending – 2003 Observation of Equator Principles – 2007 SEPA Notice on Risk Pollution • Insurance – Guiding Opinions on Pollution Liability Insurance (SEPA) • Banks – Export-Import Bank • MoU with IFC on • Performance Standards – China Development Bank • CADF, includes EIAs – NGO Report:Environmental Report on Chinese Banks • Green Watershed, Green Earth Volunteers GEI – High Performing banks • Industrial Bank of China (EP) • Bank of China (Green Credit) • CCIC ‘Governance Gap’ • Chinese Side: Local Laws as Default – Exim Bank 2007 Code of Conduct requires investors to comply with local law enforcement – Conflicting Instructions: Economic and Commercial Councils’ role in encouraging observance of host country law • Weak Host Country Governance – Law or Policy may be good on paper, but poor in execution (Zambia, Namibia) – Legislation or Policy may be piecemeal or – non-existent • Response: – Regional collaboration – Civil Society Support Opportunities: GEI’s IPP Program • IPP: Integrated Policy Package • Stakeholders – Chinese Government Guidelines on Environmental Conduct Environmental Policies on Chinese FDI – Chinese Enterprises Sinohydro Community Development Project Nam Theun 2 Workshop Chinese Chamber of Commerce Workshop – Host Country Government Partnership NLMA of Lao PDR PES and REDD Workshops • Further Pilots Integrated Policy Package • Policies: CCA, PES, EIA, CSR, REDD(?) – EIA: incorporated into legislative process of host countries – PES: Ecological services quantified, payments contributed through fund – CCA: Allocates how PES payments would go towards conservation; land use concessions; community involvement – CSR: Voluntary tool, mounting domestic pressure – REDD: carbon financed for reduced deforestation • Advantages: – Designed to address multiple stakeholders – Community Development benefits – Enhances civil society participation Model 1: GovernmentNGOEnterprise Model Model 2: Guarantee Fund for Community Development and Environmental Protection Guidelines and Research: Government Collaboration • Guidelines – 2008 Guide on Sustainable Overseas Silviculture by Chinese Enterprises (SFA, with GEI) – 2009 Guide on Sustainable Overseas Forest Management and Utilization by Chinese Enterprises (SFA, MOFCOM, with GEI) – 2011 Guidelines on Environmental Conduct by Overseas Chinese Enterprises (MEP, MOFCOM, with GEI) • Research – Environmental Policies on Chinese FDI – Case Studies (Laos, Zambia…) Enterprise Pilot: Sinohydro • Sinohydro – MoU, GEI-Sinohydro – Environmental Institution • Nam Ngum 5 Hydropower Station – Sinohydro—BOT – EIA performed by Earth Systems • Community Development Upstream – Community Forestry – Cattle Breeding – Household Biogas: 40 digesters in Ban Chim Village Engaging Chinese Enterprises: Building Capacity • Workshop with Chinese Chamber of Commerce in Lao – Guidelines and Performance Standards – Environmental Risk Management – Incl. Chinee government (SFA, MEP, MOFCOM, MFA) and enterprises (ExIm Bank, Sinohydro, China Minmetals…) • Best Practices in Hydropower Development: GEI-WB joint conference – Nam Theun 2 Cascade Dams – Dialogue on Hydropower – Informal Knowledge Sharing Network – Challenges in future developments Host Country Partnership: Lao PDR • MoU with National Land Management Authority (NLMA) – Sustainable, Market-based Land Management – Capacity and Institution Building – Incorporate policy tools (PES) in Lao National Assembly • Trainings – PES – REDD • Other Lao Partners – Water Resources and Environment Authority – Ministry of Energy and Mining – Ministry of Planning Investment Conclusions • Environmental Policies on Chinese FDI growing stronger, but gaps remain • Stronger awareness of performance standards by enterprises • Strengthening host country governance vital • Government-Enterprise-NGO partnerships feasible and effective in enforcing responsible investment