Documentos de Académico
Documentos de Profesional
Documentos de Cultura
R. Wyness
many areas, the BTC construction program thirty-eight
exceeded expectations in terms of volumes of
environmental and social management, Pipeline construction passes near a hillside community in Turkey. publicly disclosed
setting new benchmarks in transparency and
environmental and social standards for documentation
construction programs, and developing covering 1,760 km
innovative practices along the way. Among wider institution. Although the project
of pipeline and
the highlights of the BTC project was a sponsor has been consulted and BTC
ground breaking Regional Review which environmental and social staff have 515 villages
addressed macro-issues of concern such as contributed their perspective to the issues stretched over
human rights, revenue management, and raised, the content of this paper reflects the
three culturally
security; an extensive public consultation opinions of its authors.
and disclosure program; a 25 million dollar diverse countries.
Community Investment Program undertaken
on a scale unprecedented in BP's history; a Environmental and Social
program of NGO capacity building; an 8.8
million dollar Environmental Investment
Impact Assessment and
Program, and the enhancement of Management
development impacts through linkages with
small and medium enterprises (SMEs). Both the Environmental and Social Impact
Assessment (ESIA) and the Environmental
For IFC as a lender, the process of capturing and Social Action Plan (ESAP) were
lessons of experience from projects is an considerable undertakings for the BTC
important one in which the objective is not project and a number of lessons were
to criticize or dwell on shortcomings but to learned along the way and in looking back.
learn. Analyzing events in retrospect and This section focuses on six key areas of
with hindsight is, of course, always easier than assessment and management where
taking action and making difficult choices in process lessons and good practice were
real time. The sponsor deserves significant thought to be most relevant and applicable
credit for its management of the to future projects. These include: (i) ESIA
environmental and social aspects of the scoping; (ii) Commitments Register; (iii)
project and our attempt to distill lessons from Environmental and Social Action Plan; (iv)
BTC for future projects should not in any way Management of Change; (v) Contractor
detract from this fact. In the pages that Management; and, (vi) Contracting
follow, IFC environmental and social staff Strategy.
look back on an extremely challenging
process and endeavor to extract some of the The ESIA program carried out for the BTC
key operational lessons and good practices pipeline project was an enormous task and
for the benefit of colleagues, clients and the in many ways a remarkable achievement in
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The Baku-Tbilisi-Ceyhan (BTC) Pipeline Project
its scope and comprehensiveness. The This poses a risk because, in scoping, one is
process was unique in that there were three designing a data gathering process that will
separate ESIAs, one for each country, done extend far beyond the ESIA through to
by different consultants—a fact that led to implementation and monitoring. As such,
variations in quality and contributed to the having a credible baseline against which to
complexity of the process. The end result was monitor future impacts is vital. For these
thirty-eight volumes of publicly disclosed reasons it is critical that the most experienced
documentation covering 1,760 kilometers of specialists familiar with the project area be
pipeline and 515 villages stretched over sought to provide input to the scoping
three culturally diverse countries. The Turkey process.
ESIA, in particular, is considered by IFC
technical staff to be “best in class.” One example from the BTC project relates to
However, all involved agree that in hindsight the collection of social baseline data
there were aspects of the process that could appropriate to the project. The sponsor
be addressed differently in future projects. invested substantial resources in collecting
social baseline data. However, there was a
sense at the end of the ESIA process that
ESIA Scoping while this exercise yielded good basic
information on affected villages, too much
unnecessary social data might have been
A valuable lesson learned was that effective collected in some areas while not enough in
“scoping” of an ESIA program for a complex others. This highlighted the importance of a
project such as BTC is critically important. good scoping process at the beginning to
The objective of scoping is to set the terms of help focus the data collection. Prioritizing the
reference for subsequent ESIA studies. It key social issues for investigation at the study
involves four main elements: characterization design stage, and clearly defining what the
of the project and the region; an initial information collected will be used for during
screening and prioritizing of issues; the implementation, will narrow the focus and
defining of project boundaries; and, the help clients save on both time and money.
design of any studies required for the analysis While it is unlikely that every impact and issue
of potential impacts and opportunities can be accurately predicted ahead of time,
associated with the project. How scoping is targeting social data collection as much as
done in the beginning largely determines the possible is particularly important for a large
focus, quality and utility of the future ESIA. project like BTC with over 515 villages
(comprising nearly one million people) in the
Despite the importance of scoping in the project affected area. For example, the BTC
ESIA process, IFC experience has shown that ESIA program could have benefited from a
on many projects the scoping stage is not clearer identification at the scoping stage of
allocated the sufficient time, budget or the complexity of the land use and land rights
expertise required to get it right. In some issues that would be encountered during the
cases this may be due to the uncertainty of subsequent land acquisition and construction
whether the project will actually go forward, phases of the project. (Discussed further on
or the importance of scoping may be page 19.)
underestimated resulting in insufficient
resources being committed. In other cases, While more effective scoping may have
the time allocated for the scoping phase helped focus the social baseline data
may get squeezed within the overall gathering requirements, it is also true that at
timetable of the project. the time of the BTC project there was a
growth in interest (by NGOs and other parties)
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Lessons of Experience | September 2006 | Number 2
in certain types of social issues that had not mitigation measures that the sponsor had
traditionally been included in past impact committed to implement. These
assessments. Given the complex and often commitments were scattered across various
sensitive cultural, social and political issues sections of the documentation and, initially,
surrounding the BTC project, new and the sponsor experienced difficulty organizing
emerging issues arose such as worker welfare, these commitments into actions, so that the
human rights, and security which neither the environmental and social management
sponsor nor the lenders had foreseen at the program for the project could be developed. Effective “scoping”
time of the ESIA as requiring significant To overcome this, a comprehensive list of all
of an ESIA program
additional attention. This demonstrates that of the commitments was developed in a
for both sponsors and lenders alike, keeping “Commitments Register”. The register clearly for a complex
up with an ever evolving range of social issues laid out each commitment, its original source, project such as BTC
that may need to be covered as part of the and where in the management program the
is critically
scoping and assessment process can be a commitment would be covered.
challenge. Indeed since the time of the BTC important.
project appraisal, IFC's own Performance Once established, the commitments register
Standards have been expanded to include was a valuable tool in the development of
issues such as labor, community health and the environmental and social management
safety, and security based on the structure and arrangements necessary for the
corporation's experience of many recent project. It served as a link between the ESIA
projects including BTC. IFC has also documentation and management system
developed good practice guidance for its and provided a mechanism whereby
clients on undertaking social impact commitments made could be followed
assessment entitled, “Addressing the Social through to actions on the ground.
Dimensions of Private Sector Development.”
However, extracting the commitments into a
This is not to say, however, that all of the issues register for the BTC project after the fact was
identified during scoping must be covered in a time-consuming process. It was also found
the subsequent ESIA. Rather, early that once extracted from the original
identification of potential issues through a documentation the commitments were often
robust scoping process will allow an early vague or poorly phrased, responsibility for
judgment on the approach required. It will implementation of the commitment was not
help determine whether additional studies always clear, and there was significant
might be necessary and if so, what form they duplication of the same commitment
might take. For example, because the BTC throughout the ESIA documentation.
project involved three countries and
numerous cross-border issues, the company In future, commitments being developed as
chose to address the analysis of macro-level part of the ESIA should be carefully reviewed
regional and strategic topics in a separate as they are included in the project
“Regional Review” document. (Discussed documentation. Clear and concise
further on page 11.) language should be used and a register of
commitments is recommended as part of the
ESIA documentation deliverable. Ideally,
Commitments Register commitments registers could then be
organized into a structure that is in line with
the project phases (e.g. construction or
The BTC ESIA documents provided a wealth of operations) and sorted by issue (e.g. waste
baseline information and impact analysis management) to provide greater clarity for
along with numerous management and both the sponsor and the contractor as to
responsibilities for implementation.
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The Baku-Tbilisi-Ceyhan (BTC) Pipeline Project
The Environmental and Social Action From IFC's perspective, an ESAP needs to
Plan (ESAP) have legal teeth when things go wrong but
sufficient flexibility to anticipate issues that
were missed or come up later during
An essential component of an ESIA is the implementation. Change is inevitable
specific measures and actions developed to particularly in large construction projects such
mitigate and manage the environmental as BTC. At certain milestones in a project of
and social impacts identified in the this scale there should be a means to review
assessment and committed to by the the management arrangements in an ESAP
sponsor. These measures are typically and make changes if necessary. Unfortunately
organized into a management plan for in the case of BTC, the ESAP became a legally
implementation. IFC and the other lenders binding document and the difficulties of the
required that BTC prepare an ESAP which negotiations during the ESAP development
comprised the environmental and social made both the sponsor and some of the
actions and mitigation measures to be taken lenders unwilling to reopen the agreement to
for the project before financial closure. potential renegotiation and changes in the
However, an ESAP was not included in the future. This made change difficult to
initial ESIA documents submitted by the implement which undermined the objective
sponsor. Final management arrangements of having a “dynamic” environmental and
were yet to be developed based on the social management mechanism within the
commitments included in the ESIA and ESAP that can change and respond to
other project documentation. developments on the ground as needed.
In the case of BTC, what would otherwise be Based on BTC and other experiences, IFC
a straightforward ESAP or management should exercise caution in future when
system evolving out of the ESIA, became agreeing the legal requirements of an ESAP.
complicated by a range of factors unique to Legal language should be separate from the
the project, including: timing issues, the large environmental and social management
volume of ESIA documentation and related system, plans, and policies. In future, clients
documents containing the management should be encouraged to limit the
commitments for all three countries, the involvement of their legal representatives in
multiplicity of lenders involved, and the drafting of environmental and social
management arrangements for the management system language and action
numerous contractors involved. As a result, it plans.
was initially difficult for all parties to
determine how to establish an appropriate
action plan. The ESAP content negotiation Management of Change
process between the project sponsor and
the lenders became protracted and overly
legalistic and the final ESAP, while containing While the above may suggest that changes to
a useful framework for an environmental and the environmental and social management
social management system, turned into a procedures were not made as circumstances
long, negotiated legal document whose changed on the ground, this in fact was not
provisions were in many ways quite rigid and the case. Change is inescapable and not
did not possess the flexibility needed to surprisingly the project had to make numerous
respond to the changing realities of the changes to its original planning during the
project on the ground. construction program using their
Management of Change (MoC) mechanism.
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Lessons of Experience | September 2006 | Number 2
R. Wyness
when things go
IFC and the other lenders needed to be wrong but
notified of any material changes to project Pipeline construction operations.
sufficient flexibility
implementation that would result in
significant environmental or social impacts to anticipate
that might not have been sufficiently issues that come
covered in the ESIAs or catered for in the One of the reasons for disagreements among
up later during
ESAP. A specific MoC mechanism was the parties on this issue was that any change
therefore included in the ESAP and used to that triggered notification to the lenders implementation.
notify lenders. While the inclusion of an MoC required a review of MoC documentation by
process was necessary, the criteria the Independent Environmental Consultant
developed to determine when a “change (IEC) and confirmation by them to the wider
notification” to the lenders should be lender group that the changes were being
triggered did not work particularly well in accompanied with appropriate mitigation
practice. The criteria were somewhat measures. While a system of review was
ambiguous and, as such, open to necessary, the process specified in the ESAP
interpretation. They were also too narrowly was not entirely satisfactory. In particular, the
focused on pipeline route changes and not IEC found it difficult to be flexible when
other possible changes. The ambiguity led to responding to change since their principal
disagreements between BTC, the lenders requirement was to ensure compliance with
(including IFC) and the independent the ESAP. In some cases, however, flexibility
environmental consultant (commissioned to was necessary so that pragmatic solutions to
monitor compliance with the ESAP) as to ground conditions could be quickly agreed.
what constituted a “significant” change and
whether lender notification was warranted. In The MoC process on BTC was a clear
future, criteria need to be better defined to example of an aspect of the ESAP that was
differentiate between what is considered a not flexible enough to respond to the
minor change and what is significant across measures required by changes during project
all project related activities. From a lender's implementation and which led to an overly
perspective, the MoC mechanism should be cumbersome process for all parties. While
able to identify any changes in project MoC is an essential component of a
implementation that would require an company's environmental and social
amendment to the provisions of the original management program, the mechanism to
ESAP and allow for the adjustment of ESAP notify lenders of changes to the project
procedures to effectively deal with needs to be carefully considered. In
environmental and social impacts on the particular, criteria that trigger notification of
ground. change should be developed with
unambiguous language, and the “change
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The Baku-Tbilisi-Ceyhan (BTC) Pipeline Project
Contractor Responsibility
review procedure” should be sufficiently environmental and social staff on the ground
flexible to enable a discussion of the issues in all three countries. BTC had initially
and timely agreement on the best way presumed that the environmental and
forward. social management requirements to be
implemented during construction were the
responsibility of the contractors since these
Contractor Management contractors had signed up to the project's
environmental and social commitments
included in their contracts. Once the
In pipeline projects such as BTC, the contracts were awarded however, it quickly
construction phase usually carries the highest became apparent that many of the
risk of potential environmental and social contractors did not in fact have a full
impacts and unforeseen events. As such, understanding of all of their commitments
substandard performance by the with respect to environmental and social
construction contractors involved in a management (which, for BTC, were set at a
project can lead to adverse impacts and very high standard) and they did not
the exposure of both the project sponsor necessarily appreciate what the requirements
and project lenders to financial and entailed in terms of implementation. For
reputational risks. Active management by example, as is typically the case, the
the project sponsor of contractor contracts included a requirement for the
performance on environmental and social contractor to develop measures to meet their
issues is therefore critically important to environmental and social commitments and
ensure successful outcomes, and to prevent document these in management plans
subsequent time consuming and expensive before they started construction. But the
corrective action. contractors, in reality, lacked the capacity to
develop and implement the type of
There were numerous contractors involved management plans BTC required. At the
in the BTC construction program. The same time, the lenders required that the
amount of time and level of effort required contractor's management plans be ready for
by the sponsor for effective contractor inclusion in the ESAP before financial closure.
management was underestimated at the
outset of the project. As a result, BTC had In order to ensure contractor compliance
to significantly increase its number of with their environmental and social
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Lessons of Experience | September 2006 | Number 2
commitments, and at the same time For future projects where there is significant
demonstrate to the lenders how they contractor involvement, a similar control
intended to manage their contractors, BTC mechanism is recommended as good
had to find a simpler way of communicating practice. However, the CCPs would be of
to the contractors what their obligations greatest benefit if they were included from
were. A mechanism was developed the beginning as part of the initial contracts.
whereby a series of “Contractor Control
Plans” (CCPs) were prepared by BTC that A more general lesson for both IFC and their Passing all the
contained detailed and specific control and clients is that passing all the environmental
environmental
mitigation measures that each contractor and social requirements to the contractor
must implement in order to meet their and making it their responsibility, involves risk. and social
contractual obligations. These specific Sponsors need to be sure of the contractor's requirements to
measures then allowed the contractor to in capacity in this area and understand that in
the contractor
turn develop “Contractor Implementation the lenders' eyes it is they, and not the
Plans and Procedures” (CIPP) that contained contractor, who will ultimately be held involves risk.
procedures and method statements responsible for meeting lender commitments
specifying how the contractor would and ensuring positive outcomes. In order to
implement the measures included in the effectively manage this risk, the sponsor
CCPs. needs to actively monitor contractor
implementation on the ground by having a
Individual CCPs were developed based on “contractor control system” in place, and if
specific environmental and social areas that necessary, as was the case for BTC, be
needed to be managed (e.g. waste prepared to step in with training and
management). The main benefit of the CCPs technical assistance as required.
was that they clearly translated the many
commitments made in the ESIA
documentation into specific actions; Contracting Strategy
assigned responsibilities between the
contractor and the sponsor; and, provided a
means to monitor contractor performance For all projects, getting the right contractors
while at the same time providing assurance on board and avoiding problems down the
to the lenders that the environmental and line requires that environmental and social
social commitments made by the sponsor considerations fit within a company's overall
were being implemented by the contractor. contracting strategy. The Invitation to Tender
The CCPs followed a “performance based (ITT) documentation for BTC consisted of a
approach” so that contractor compliance series of documents describing the
and performance could be monitored and environmental and social management
measured using key performance indicators, requirements to be met by each contractor
inspections and audits. throughout the contract term which the
contractors agreed to implement. However,
Although the CCP mechanism of contractor as outlined above, many of the contractors
control was considered a very useful tool for initially did not have the capacity or
the BTC project construction program in understanding to meet these obligations.
working with the contractors on The costs of not spending sufficient time and
implementation requirements, the plans were focus on contractor environmental and
developed and issued retroactively, after the social management and capacity issues
main construction contracts had been upfront proved substantial to all parties
awarded and as a response to contractor involved. Both BTC and its lenders were
management difficulties and capacity issues. exposed to non-compliance risks, while the
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SevenNine
The Baku-Tbilisi-Ceyhan (BTC) Pipeline Project
» The sponsor should ensure that specific, » Sponsors should consider involving their
clear and consistent information is
environmental and social staff in drafting
included in the ITT in relation to
the environmental and social portions of
environmental and social requirements so
the ITT and in reviewing tenders submitted
that contractors know what their
by contractors.
obligations are upfront. (Contractor
Control Plans provide a good mechanism
» Depending on the extent of environmental
for this.)
and social obligations involved in the
contract, the sponsor should consider
» The sponsor should, where possible,
requiring the contractor to have a qualified
schedule the ESIA program so that it has
Environmental and Social Manager.
been completed and the environmental
and social commitments identified before
» The sponsor should consider sub-
the ITT is released so that all contractor
contracting specialist companies for some
environmental and social obligations can
of the more specialized aspects of
be included in the ITT documentation.
environmental and social management
such as waste water treatment or waste
» In the absence of a completed ESIA, the
management and disposal.
sponsor should include as many standard
environmental and social measures in the
ITT as possible based on previous projects Summary of Key Lessons
or past experience, but should keep close and Future Recommendations
track of any commitments arising from the
final ESIA which were not included in the » Scoping is a strategically important component
ITT or contractor's tender. In this case, the of the ESIA program, it should be considered an
sponsor should make sure these important milestone in the program and
outstanding obligations are managed, sufficient time and expertise (including input
either by themselves or by specific from experienced specialists familiar with the
agreement with the contractor. project area) should be allocated to get it right.
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Lessons of Experience | September 2006 | Number 2
» All the issues identified during scoping do not » A “contractor control” mechanism should be in
necessarily need to be covered in the ESIA place as part of the management
program but the results of the scoping exercise arrangements and sponsors must be prepared
should include an early judgment on the most to step in with training and technical assistance
appropriate approach for each issue and as required.
should establish any studies in addition to the
ESIA that will be required for the project. » The contractor control mechanism developed
by BTC is considered good practice. It
Macro-level
» The ESIA documentation should contain a translated the commitments made in the ESIA
“register” of environmental and social documentation into actions to be assessment is
commitments made by the sponsor. Clear and implemented on the ground. The mechanism
particularly
concise language should be used for the consisted of a series of Contractor Control Plans
project commitments with a clear indication of containing the mitigation measures that the relevant in
responsibility for implementation. contractor must implement. The contractor
emerging markets
then developed Contractor Implementation
» The legal language in a project ESAP should be Plans and Procedures (CIPPs) that specified where complex
kept separate from the environmental and how the contractor would implement the
cross-border
social management program in order to allow measures laid out in the CCPs.
for sufficient flexibility in the management projects raise
procedures to respond to the changing realities
sensitive issues that
of the project on the ground. IFC should
exercise caution when agreeing the legal have implications
requirements within an ESAP. Flexibility is Regional Review beyond the
particularly important in a large scale project
such as BTC where change is inevitable. usual project
One of the clear good practices to emerge
from the BTC project was the preparation of boundaries.
» A Management of Change (MoC) mechanism
is an essential component of a project a Regional Review. The sponsor assembled a
management system (and ESAP). The criteria well-qualified team and devoted
that signal a change (and the trigger for the considerable time and resources to
notification of a change) should be carefully undertake what has proven to be a ground
considered and the criteria should contain breaking approach. Originally suggested by
unambiguous language.
IFC, the Regional Review provided a much
needed contextualization of the project
» The arrangements for an MoC document review
procedure in the ESAP should be carefully
within the larger geopolitical setting of
considered and, if possible, should not be Azerbaijan, Georgia and Turkey. While
entirely based on compliance. The procedure perhaps not needed for all projects, this
should be sufficiently flexible to enable macro- level assessment is particularly
discussion of the issues and timely agreement relevant in emerging markets where
between all parties involved on the best way complex cross-border projects raise sensitive
forward.
issues that have implications beyond the
usual project boundaries. On BTC, the
» Sufficient time and focus on contractor
environmental and social management and
Review undertook a higher level analysis of
capacity issues upfront (and prior to contract regional issues, documenting considerations
award) is critical. The sponsor should be sure of and actions taken with respect to macro
the contractor's capacity in this area and that concerns such as: regional export options
the contractor fully understands what is examined in pipeline route selection;
expected of them. revenue management; local employment
and supply chain management; the non-oil
» Active management and monitoring of
economy; poverty and inequality; access to
contractor performance on environmental and
social issues is vital and sufficient resources
energy; climate change; governance and
should be allocated to this activity. corruption; and human rights, among other
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The Baku-Tbilisi-Ceyhan (BTC) Pipeline Project
issues. As such it addressed issues not Review was a less important document than
covered in the project-specific ESIAs the ESIA. However other staff reflect that, in
undertaken for each of the three countries, retrospect, doing a Regional Review made
but nevertheless important enough to the company focus on difficult issues that
warrant a separate study. were not necessarily covered in the ESIAs
(e.g. governance, human rights, the oil fund,
Given the numerous geo-political concerns security, private sector vs. government
and constraints in the region related to responsibility) and that they benefited from
exporting oil from the landlocked Caspian the process of having to think through these
Sea, as well as the sensitivities involved in questions in depth. In addition, BP, as the
publicly disclosing them, there had not been project operator, garnered significant praise
sufficient public discussion about pipeline in terms of external reputation for undertaking
route selection or the alternatives the review. Carrying out the process on a
considered. This sparked criticism of the voluntary basis demonstrated leadership by
project from the international media and the company and a willingness to be
NGO community, along with concerns about progressive, open, and forward-looking in
the lack of discussion of cumulative impacts. their approach. If done at the earliest stages,
In this respect a Regional Review can be an this type of advance preparation can also
important discussion tool for the sponsor and help to pre-empt and allay many of the
the project by: (i) providing a coherent concerns expressed by the shareholders of
explanation of the impact of oil the lending institutions, civil society, and
development on the region and the NGOs. Although some BTC staff felt that no
alternatives considered; (ii) serving as a amount of effort to provide information
baseline of sorts for assessing the cumulative concerning the regional context of the
effects of other pipeline projects in the project would alter the views of certain NGOs
region; (iii) proactively demonstrating that fundamentally opposed to the project, IFC
the sponsor is aware of and committed to staff believe that the value of the Regional
addressing some of the broader Review process lies in laying the groundwork
environmental, socioeconomic, and to interact with those stakeholders and
development issues; and, (iv) contributing to interested parties who do want to engage
the project's desire to be transparent. constructively to find solutions.
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Lessons of Experience | September 2006 | Number 2
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Lessons of Experience | September 2006 | Number 2
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The Baku-Tbilisi-Ceyhan (BTC) Pipeline Project
by IFC's board. Ultimately, the MSF resulted vocal international NGOs. The lesson learned
from pressure from IFC's Senior Management by IFC in this case is that while international
to have an “independent process” to assess NGOs can often help in giving voice to the
local community support for the project concerns of the local population, this is not
along the BTC pipeline by creating a direct always the case when agendas and interests
platform for discussion. differ. Moreover, in certain situations, local
public opinion in support of the project does
The purpose of the meetings was to allow IFC not receive attention at the international level
and EBRD staff to hear directly from local and the voices of local communities go
stakeholders about issues related to their unheard in the international media.
potential financing, and present their
respective Boards with firsthand information On the downside of the process, the MSF
before making final lending decisions. The caused tension between IFC/EBRD and the
exercise was not meant in any way to sponsor for a number of reasons. BTC rightly
supplant or detract from the comprehensive felt that they had already undertaken an
process of consultation undertaken by BTC. extensive consultation process and that this
In the run up to Board approvals, these had already been verified on a number of
meetings were intended to provide the occasions by field visits of IFC and EBRD
lenders access to local communities specialists. In this respect, the MSF risked
affected by the pipeline and to allow undermining the sponsor's own program and
verification of opinions of local people. This creating expectations by being perceived as
constituted an important component of the an alternative consultation and grievance
lender’s 120 day public disclosure period. process. The sponsor also expressed a
Consequently, two separate day-long legitimate complaint about double standards:
meetings were held in each of the three BTC had undertaken a thorough, in-depth and
countries with a total attendance of over ongoing process of consultation (some of
800 people. which was considered best practice by the
lenders) whereas IFC/EBRD's own stakeholder
Reviews on the effectiveness and value of engagement through the MSF was one-off
the MSF are mixed, and vary significantly and superficial by comparison. IFC specialists
depending on whom one asks. On the agree that while the concepts of stakeholder
positive side, the MSF helped to facilitate engagement and lender verification of broad
board approval to finance the project by community support for prospective projects
giving needed additional comfort and (now a requirement in IFC's new Sustainability
confidence to the lenders and their Policy) are good and necessary, more
shareholders. While the process was not thought is needed on how best to achieve
perfect, it did increase stakeholder these objectives. The model of large public
participation and access to IFC by ensuring forums, as embodied by the MSF process,
that the Corporation widened its circle might not be the only nor most effective
beyond a small cadre of international NGOs means of engendering meaningful interaction
and created a forum in which to hear local between lenders (including members of their
NGO and civil society concerns directly. senior management) and local stakeholders.
Many of the more critical international NGOs For example, rather than public meetings with
declined to participate in the MSF, but this hundreds of people, smaller focus groups with
facilitated local civil society organizations key representatives—as was done as a
speaking for themselves. In fact, in Georgia follow-up to the MSF in Georgia—might be a
in particular, the MSF meetings revealed that more productive way of fostering dialogue on
there was little local support for some of the key issues. In either case, care must be taken
positions advocated by some of the most not to duplicate or undermine the work of the
sponsor.
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Lessons of Experience | September 2006 | Number 2
Other IFC Lessons on Engaging “consultation tracker” and spent much time
with Stakeholders responding to issues raised by stakeholders.
A key lesson is that the time and resources
required to initiate and maintain a robust
Separate from the sponsor's process, IFC staff process of consultation with stakeholders
spent considerable time engaging with should not be underestimated.
stakeholders. This occurred on two levels:
in the field and in Washington, D.C. IFC's The time and
Executive Vice President at the time wanted Disclosure of Documents resources required
IFC staff in the field as often as possible in
to initiate and
order for the Corporation to gain its own
independent understanding of the issues on The quantity of environmental and social maintain a robust
the ground. As a result, IFC environmental information on the BTC pipeline that was process of
and social development specialists disclosed locally and in the IFC's InfoShop
was vast (38 volumes). The documents were
consultation with
undertook close to twenty field visits during
project appraisal, often remaining in country translated into local languages and made stakeholders
for two or three weeks at a time and available at local libraries, regional centers, should not be
spending time in the villages along the and offices of local government, NGOs, and
BTC in all three countries. These locations
underestimated.
pipeline. While this is costly from a resources
point of view, it proved extremely beneficial were announced through the national and
in terms of IFC's ability to respond to questions local newspapers and through radio. A lesson
and critiques. Direct experience enabled learned during this process was that the
staff to respond with confidence (i.e. “this is disclosure of excessively large volumes of
what villagers told me.”) information does not necessarily facilitate
effective communication with, and use by,
IFC staff also spent an enormous amount of affected stakeholders. The quantity and
time responding to comments from NGOs presentation of relevant material for
prior to and during the 120 day disclosure disclosure must receive special attention,
period for the ESIAs and related documents. particularly on large complex projects.
One month prior to Board, the team Where possible there is a need for more
prepared a 60-page response to NGO focused summary reports to be disclosed that
questions and continued responding to local people can readily digest and
comments right up to the eve of the Board understand, rather than the voluminous suite
date. Again, from a resources point of view, of technical documents that have been
this response proved very time-consuming, prepared. (The latter can always be made
but it was very effective in addressing the available upon request.) To help address this,
concerns of IFC's Executive Directors. BTC produced community pamphlets, non-
technical summaries, posters and case
Another practical tool that the team found studies on specific issues, and held many
useful in managing the engagement process village meetings on disclosure of information.
was maintaining a “Stakeholder Log” which In Turkey, for example, simplified
tracked every meeting IFC staff held with presentations were made at the village level
interested parties, including the date, as it was found that oral communication was
location, and key issues discussed. A written a more effective means of conveying key
record or “paper trail” is important both to ESIA findings.
retain institutional memory and to be able to
demonstrate the frequency of engagement This is a view shared by the sponsor who felt
and range of stakeholders with which IFC that some of IFC's disclosure requirements
dealt. The sponsor also developed a regarding what to disclose, and to whom,
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Lessons of Experience | September 2006 | Number 2
make sense to the sponsor at the time, in they needed from the sponsor before any
retrospect, integrating the two processes land acquisition took place.
would have likely been more efficient from
both a timing and resources point of view.
The lesson here is that land acquisition and The GLAC
resettlement should be addressed as part of,
or in parallel with, the ESIA process.
The “Guide to Land Acquisition and
Disclosure issues also affected timing. For Compensation” (GLAC) came into being as
example, there was a lack of clarity a practical compromise between IFC and
between IFC and the sponsor over when the the sponsor to prevent the resettlement plan
resettlement action plan had to be timetable from bringing project construction
disclosed. On BTC, the ESIA reports and the to a costly halt, while at the same time,
RAPs were required to be disclosed for 120 safeguarding the rights of project affected
days before IFC's Board decision. However people to receive key information prior to the
the sponsor wanted to commence land commencement of land acquisition. In
acquisition in advance of the 120 day advance of the full resettlement plans, GLACs
disclosure date and hence, before the were prepared for each of the three
relevant reports were ready. At the time, countries traversed by the pipeline and
IFC's policy was not explicit about the need translated into local languages. They
to disclose RAPs before commencement of consisted of a shortened and easily digestible
land acquisition, and only stipulated summary of the land acquisition and
disclosure requirements in terms of the Board compensation process, targeted at the level
date. IFC, however, insisted on the need for of the individual farmer. The GLACs
RAP disclosure to precede the land summarized the project land needs for the
acquisition (in the event this was to happen pipeline and the compensation framework.
before the Board date) based on the Key areas covered were clear descriptions of
principle that affected people needed to the terms of eligibility for compensation; land
have such information in advance of valuation; and the calculations to be used for
2
agreeing to compensation packages. compensation of crops, pasture loss and
This misunderstanding caused a timing crisis damage to orchards, trees and so on.
for the sponsor because work on the RAPs Methods to be used for compensation
had started late and time for completion payment to affected households, and
and disclosure could delay implementation restrictions to land use and access during the
of construction contracts, which had already pipeline construction and operational
been awarded, and could result in costly phases, were also summarized in each GLAC
contractual penalties. as well as other practical information such as
whom to contact and how to register
In the end, construction was delayed for grievances.
other reasons, but in the meantime a solution
to ensuring adequate disclosure of land Although, in the end, the complete and
acquisition information was found. BTC detailed resettlement plans were actually
prepared and disclosed a concise “Guide to released before land acquisition
Land Acquisition and Compensation” commenced, the GLACs proved extremely
(GLAC) to affected villages so that land useful for local households since they
owners and users had the basic information presented the information in a clearer and
simpler form than the detailed resettlement
plans, and did much to clarify compensation
2
IFC's new Disclosure Policy is now much more explicit issues and avoid misunderstandings. As such
concerning timing and disclosure of environmental and
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Six social documents, including RAPs.
Lessons of Experience | September 2006 | Number 2
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The Baku-Tbilisi-Ceyhan (BTC) Pipeline Project
» Land acquisition and resettlement should be Due to the size and complexity of BTC and
addressed as part of, or in parallel with, the ESIA the high level of international interest it
process. These were separate for BTC but in
attracted, there were multiple stakeholders
hindsight, integrating the two processes would
who wanted to be able to monitor the
have resulted in efficiencies of resources and
timing, in particular with respect to baseline
project's environmental and social risks over
data gathering. In this way, data on land and and above the internal management and
households collected for the ESIA can also be assurance mechanisms put in place by IFC
used for the resettlement plan. and the overall lender group. As a result there
were multiple layers of internal and external
» Land acquisition can be a lengthy and monitoring and oversight being carried out at
complicated process. To avoid delays, work
any given time during the construction phase
on the RAP should begin far in advance of
of the project. This included monitoring by the
breaking ground and construction.
lenders, government regulatory bodies,
» Project land acquisition teams should consider independent monitors, NGOs, contractor
assistance from local NGOs in providing personnel, BP corporate, and BTC's own staff,
independent advice and counsel to land among others.
owners and users. The BTC project experience
in this regard was mainly positive. The general conclusion to emerge from the
construction phase is that monitoring did
» IFC should ensure that the sponsor is clearly
indeed result in better environmental and
informed of the RAP disclosure requirements in
terms of the timing required prior to the IFC
social outcomes for the project by helping to
board approval of financing and/or actual focus management attention on issues that
land acquisition proceedings. needed to be addressed. The public
disclosure of all external monitoring reports for
» The BTC project prepared a concise Guide to BTC is also considered international good
Land Acquisition and Compensation (GLAC) practice for a project of this nature and
document that summarized relevant
should be replicated for similar projects.
resettlement information for distribution to
However, from the sponsor's point of view the
affected communities. The ease of use of the
GLACs by the affected households indicated
number of layers of oversight, the frequency
that they were more useful than the more of monitoring visits, and the quarterly
technical resettlement plans. As a result, IFC reporting requirements imposed by lenders
now recommends the supplemental production during construction came at a significant cost
of a GLAC as good practice, particularly in in terms of time, level of effort, and resources.
complex land acquisition situations such as BTC.
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Six
Lessons of Experience | September 2006 | Number 2
Source: BTC Project Environmental and Social Annual Report (Construction Phase) 2004.
environmental and social aspects of all of where integrated monitoring worked well) the
BP's developments in the region, including two teams were separate for the BTC project.
the BTC pipeline, in order to ensure The division of labor in this case assisted with
implementation according to world class complex logistics to enable field visits to
standards. Unlike other monitoring bodies, specific sites and communities all along the
the value of CDAP is that it took a “10,000 1,760km pipeline. The SRAP panel, which
foot view” of the project and focused on a visited the project every six months, had its
number of big-picture, strategic items that hands full dealing with large-scale land and
did not get covered elsewhere. For example, compensation issues, and spent the bulk of
the Regional Development Initiative (RDI), their time with directly affected communities
referenced further on page 29, is a direct and households. The IEC panel made
result of CDAP recommendations. The panel quarterly visits, monitoring the implementation
travels along the pipeline once a year and of environmental management measures
their reports are made public. included in the ESAP for the construction of
the pipeline and associated above ground
By reporting directly to BP's CEO and having installations and workforce camp sites. The
a different monitoring emphasis (i.e. viewing separated monitoring also lent itself well to
issues through a lens other than compliance) BTC's organizational structure in Azerbaijan
the CDAP approach has some apparent and Georgia which had separate team leads
advantages. These include the sponsor's for environment and social issues. The
ready acceptance of the advisory panel disadvantage of a separate approach,
concept and a willingness by BP Senior however, is the possibility that overall
Management to proactively address CDAP coordination and communication may suffer.
recommendations, which has not always To avoid this, special attention may be
been the case on other projects. This is a needed to foster regular dialogue between
different model from the well known Chad- the two teams through integration meetings
Cameroon International Advisory Group and coordination of field visits.
(IAG) which reported directly to the World
Bank Group (WBG) President. A possible
disadvantage with the CDAP approach is Costs and Effectiveness
that some civil society organizations may not
perceive the panel as sufficiently
independent, however this has not emerged Perhaps the single most important factor in
to date as an issue on BTC. independent monitoring effectiveness is the
skill and technical competence of the
monitoring team. In order to draw
The Independent Environmental and management attention to critical issues and
Social Monitoring Panels: IEC and SRAP influence decision-making on actions to be
taken, the monitoring team members must be
respected for their professional judgment and
The Independent Environmental Consultant be able to engage in constructive feedback
(IEC) to the Lender Group and the Social and dialogue with the company. Effective
and Resettlement Action Plan (SRAP) panel monitors recognize that projects cannot be
were contracted as independent third-party 100% compliant all of the time, but work to
monitors, a requirement by the lenders. identify and prioritize key issues for attention.
Whereas in most cases IFC recommends The identification of risks and continuous
integrated environmental and social improvement in compliance are key to
monitoring as good practice, (the Chad- ensuring the adequate performance of a
Cameroon pipeline project is an example of project. Both IFC and BTC staff agree that the
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Lessons of Experience | September 2006 | Number 2
Monitoring of the Project by national NGOs was a vital funds to support the participating NGOs. It
recommendation made by the CDAP panel in also established a registration, training and
2004 and supported by IFC and EBRD. BTC took up mentoring system for the NGOs. Azeri NGOs
this recommendation, with a view that subsequently identified five monitoring themes
constructive and well-informed NGO monitoring (social, land and worker rights, local content,
could be useful to the company in helping to cultural heritage, and environment), formed a
improve the performance of the project. group for each theme, and created smaller
However, a number of NGOs in the pipeline working groups to perform the monitoring on
countries lacked the experience and financial behalf of the others. They also took part in training BTC took a view
resources to effectively perform a monitoring role. on monitoring, evaluation and reporting
The challenge for BTC was to find a way to provide techniques and received presentations about the that constructive
a learning process and financial support for the BTC project. and well-informed
NGOs without financing them directly in order to
preserve their independence. Sharing Experience with the NGO monitoring
Chad-Cameroon Pipeline
To achieve this, BTC engaged third-party could be useful in
organizations to facilitate the implementation of
the NGO monitoring program in Azerbaijan and
OSI brought in Catholic Relief Services to provide helping to improve
training in monitoring techniques, using the
Georgia. (In Turkey, a facilitating organization was expertise of an NGO monitor on the Chad- the performance
not engaged because the experience and Cameroon pipeline project. There are few
capacity of Turkish NGOs was generally greater projects equivalent to the BTC pipeline, so this
of the project.
than in Azerbaijan and Georgia and a number of was an opportunity to share valuable experience
Turkish NGOs were already involved in the Project.) from a comparable project. The Chad-Cameroon
The facilitating organizations were able to establish NGO monitor continued to support the Azeri
a number of Working Groups in both Azerbaijan NGOs while they prepared and implemented
and Georgia. Members of each Working Group their monitoring plans and wrote their reports. In
received training in monitoring and audit five years' time perhaps the Azeri NGOs, like those
techniques, as well as presentations and monitoring Chad-Cameroon, will be asked to
information sessions about the Project from BTC travel to other countries to train their local NGOs
staff. Throughout the monitoring period, BTC in monitoring. The Chad-Cameroon NGO
provided access to construction sites and monitoring experience has led to greater
documentation, supported by meetings with dialogue and a relationship of mutual respect
relevant BTC and contractor personnel. The between the operating company and the NGOs,
objectives of the program were as follows: and the same long term result is hoped for in
Azerbaijan.
» to enable participating NGOs to acquire the skills
to plan and implement a program of objective
Georgia
monitoring and reporting of the BTC pipeline to
international standards.
In Georgia, the NGO monitoring facilitating
organization is the Eurasia Foundation whose
» to provide the NGOs with transferable skills to
Pipeline Monitoring and Dialogue Initiative (PMDI)
monitor environmental and social impacts of
is assisting NGOs in Tbilisi and along the pipeline
other projects.
corridor. PMDI is a “facilitated monitoring”
program to build an expert cadre of NGO
» to demonstrate to Lenders, CDAP, partners, the
monitors and encourage informed participation
public and the international community that BTC
by a wide variety of NGO representatives in
is taking their commitment to transparency
monitoring the impact of the pipeline route. Many
seriously.
NGOs responded to the initial invitation to register,
and a selection process resulted in the formation
Participants from the Azerbaijan program visited
of three Working Groups: Waste Management,
Georgia during March 2005 to share their
Reinstatement, and Social and Human Rights. IFC
experiences, and this cooperation between the
provided direct funding to Eurasia Foundation
two countries is expected to continue as the
and an additional grant to BTC towards the first
programs progress. This level of formal
component of PDMI. NGO training and
collaboration between industry and civil society is
monitoring was successfully achieved in
seen as providing a model for future developments
December 2005 and further capacity building is
in the Caucasus region.
underway in 2006.
Azerbaijan
In Azerbaijan BTC formed a partnership with Open Source: BTC Project E&S Quarterly Reports (Q2 2004 and
Society Institute (OSI) Azerbaijan. OSI acted as a Q2 2005), BTC; Social Responsibility Program (Corporate
coordinator for the NGOs as well as contributed Citizenship Facility), IFC.
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Lessons of Experience | September 2006 | Number 2
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Lessons of Experience | September 2006 | Number 2
T. Pollett
enterprise (SME) linkage program specifically
related to the BTC project and other BP providing money.
operated projects in the region. Operating Georgian women returning from the fields.
from BP's Enterprise Centre, this program is
part of IFC's ongoing strategy of working
closely with its clients to provide
developmental support through linkages to
IFC's investment projects. The purpose of this
SME linkage program is to direct support to
Grievance Mechanism
» Community Liaison Officers (CLOs) based in the field and responsible for receiving complaints and
coordinating responses.
» A “Complaints Log” recording individual complaints, corrective actions taken and responses to
complainants.
» A two-week response time to all complaints (even if just a summary of proposed actions that will be
taken to resolve the complaint.)
» All complaints responded to in writing (or verbally where circumstances warrant.)
» Recourse to pre-judicial and judicial process under host country law in cases where satisfactory
response to the complaint cannot be negotiated.
» Weekly and monthly reports prepared by the lead CLO detailing the number and status of
complaints and any outstanding issues sent to the BTC Community Relations Manager in each
country.
During the construction program BTC had to continually augment their CLO resources in some
locations to manage their response to the number of complaints received by project affected
communities in a timely manner. A general lesson learned is that despite extensive community
consultation carried out, significant complaints may still arise. Sponsors and contractors need to be
prepared for this possibility and be able to source additional skilled resources.
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Lessons of Experience | September 2006 | Number 2
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The Baku-Tbilisi-Ceyhan (BTC) Pipeline Project
Acknowledgements
The BTC Pipeline Project: “Lessons of Experience” is the second in a new publication
Lessons of Experience
series prepared by the Environment and Social Development Department of the IFC for
the purposes of internal learning and knowledge sharing with clients and the wider
private sector. The publication was written by a team of senior specialists comprising
Debra Sequeira (Task Manager), Richard Wyness, and Ted Pollett, and carried out under
the general direction of Rachel Kyte (Director). Patty Miller provided valuable input and
guidance. Vanessa Manuel was responsible for design and layout.
A special acknowledgement is due to the BTC Co. Environmental and Social Team who
shared their knowledge and experiences and provided critical insights from the project
sponsor's perspective.
The authors would also like to thank the following IFC colleagues who reviewed
earlier drafts: Rachel Kyte, Richard Caines, William Bulmer, Felicia Swanson,
Christopher Frankel, and Lucie Giraud.
Disclaimer
The views expressed in this publication are those of its authors and do not necessarily reflect the views of the wider institution.
Some of the information used in this document may come from publicly available sources such as company websites and
publications. The Lessons of Experience series does not represent a commitment by IFC to require projects it finances to take
certain or all of the actions specified in this publication. Instead, any issues arising in an IFC-financed project will be evaluated
and addressed in the context of the particular circumstances of the project.
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