Third party monitoring to ensure environmental compliance


(Krithika Dinesh) #1

On September 10, 2018, India’s Ministry of Environment, Forests and Climate Change issued a draft amendment to the Environment Impact Assessment (EIA) Notification, 2006. Through this the ministry acknowledges that the compliance status of implementation of environmental conditions needs to be improved, and to do so it has proposed to include a randomised third party monitoring system. The ministry has proposed to carry out this third party monitoring through government institutions of national repute.

In response to this draft amendment, CPR-Namati Environmental Justice Program made a submission with the ministry. The submission highlights that such a process is still limited to the original two parties involved in environmental compliance i.e. government agencies and project developers. It emphasises on the need for a monitoring framework that addresses impacts and is not limited to routine inspections. To fill this lacuna the submission suggests that affected people be made part of third-party monitoring mechanism. This mechanism should enable them to collaborate with regulators towards better monitoring and compliance with environmental safeguards. It also raises questions regarding the credibility of the government institutions of national repute and urges the Ministry to disclose the funding details proposed for such an amendment. Read the full submission here. @namati_staff

Look forward to hearing everybody’s views regarding this. Are there third party monitoring systems in your country for ensuring environmental compliance? Who are usually appointed as third party? Would appointing community members for third party monitoring be an effective mechanism?


(Luke Kapchanga) #2

Very instructive and will be following closely to learn a lot from it. Kindly send me the draft amendment in English. Thanks.


(Krithika Dinesh) #3

Hello @Kluka The English version of the draft amendment from the end of the 3rd page. It can be found here. Usually most of our laws and major amendments are published in Hindi and English.


(Luke Kapchanga) #4

Dear Dinesh, Thanks for the response.

Regards.


(Abigail Moy) #5

@krithikadinesh, I agree - is the government really a “third party” in this case? It seems that truly independent third party monitoring should be taken up by actors that are not formally affiliated with either the industry in question or the public sector. In other words, citizens and civil society. I could potentially see a third party private contractor fulfilling this role…but only if they are genuinely unaffiliated and disinterested in the company or regulatory agency.


(Tobias Eigen) split this topic #6

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