Conflict Resolution and Negotiation Skills for IWRM. Prof. Dr. Jan Leentvaar.
UNW- ..... and Negotiation Skills for IWRM. This lecture is partly based on
material.
Conflict Resolution and Negotiation Skills for IWRM
Stakeholder participation in IWRM
Prof. Dr. Jan Leentvaar UNW-DPC UNESCO-IHE
Conflict Resolution and Negotiation Skills for IWRM
Important definitions • Public participation (PP) refers to participation by the public (individuals, NGO’s) in decision-making, ranging from merely commenting on drafts to co-decision making • Stakeholder - an agency, organisation, group or individual who has a (direct or indirect) interest in the project/programme, or who affects or is affected positively or negatively by the implementation and outcome of it
Conflict Resolution and Negotiation Skills for IWRM
Why is Stakeholder/Public participation important? • Information transfer • Gain views, concerns and values from stakeholders and public • Obtaining local knowledge • Taking account of inputs in decision making • Increasing confidence and inclusivity • Improving transparency and accountability in decision making • Reducing conflict
Conflict Resolution and Negotiation Skills for IWRM
Different types of stakeholders • Primary stakeholders intended beneficiaries of a project or those negatively affected categorized according to social analysis often divided by gender, social or income classes, occupational or service user groups
• Secondary stakeholders (groups of) people who are intermediaries within a project e.g., funding, implementing, monitoring and advocacy organizations or governmental, NGO and private sector key individuals (e.g., heads of departments or other agencies) informal groups of people (e.g., politicians, local leaders, respected religious persons, etc.)
Conflict Resolution and Negotiation Skills for IWRM
Levels of involvement – Information and notification • One way flow of information
– Consultation • Two way flow of information
– Participation • Interactive (meetings)
– Negotiation • Face to face discussion
Conflict Resolution and Negotiation Skills for IWRM
IWRM and collaboration • Land use (agriculture, urban development, industry) has major impact on water environment • Manipulation of river / groundwater systems can affect land use (quantity, quality) • IWRM seeks coordination of policies, plans and projects for water with those for other resources • Forms an institutional challenge
Conflict Resolution and Negotiation Skills for IWRM
IWRM and collaboration • IRWM demands some kind of collaborative institutional process => multi-stakeholder platforms to define problems to identify what is desired and achievable to produce agreement on how common goals will be reached • Involves wide range of stakeholders in process of problem-solving and joint decision-making
Conflict Resolution and Negotiation Skills for IWRM
IWRM and collaboration • River basin as unit for water management • Requires state and regional authorities to work together across territorial and administrative boundaries • Involving stakeholders in decision-making increase complexity
Conflict Resolution and Negotiation Skills for IWRM
Multi-stakeholder platforms • “Stakeholder” Individuals, groups or institutions concerned with or have an interest in water resources and their management Includes all those who affect or are affected by policies, decisions or actions public sector agencies, private sector, NGOs, external donor agencies, etc.s
Conflict Resolution and Negotiation Skills for IWRM
Multi-stakeholder platforms • “Multi” Refers to diversity of identities of stakeholders Different levels of government Civil-society, private sector actors Farmers, fishermen, tourism, industry, government, environmental groups, community groups, special interest groups
Conflict Resolution and Negotiation Skills for IWRM
Multi-stakeholder platforms • “Platform” Decision-making body Comprising different stakeholders o perceiving the same resource management problem o Realising their interdependence o That come together to agree on strategies for solving the problem
Conflict Resolution and Negotiation Skills for IWRM
IWRM and collaboration •
Better informed decisions increased access to information & knowledge Feedback from society
•
Helps to legitimize decision (processes) Information flow back to society
•
Reduces risk of implementation failure stakeholders involved in solution design, sense of ownership
Conflict Resolution and Negotiation Skills for IWRM
IWRM and collaboration • Collaboration involves different organisations and is based on • Information exchange • Dialogue • Deliberation • Negotiation • Shared agreements
Conflict Resolution and Negotiation Skills for IWRM
Multi-stakeholder platforms • Collaboration allows stakeholders to inform each other about their views and perspectives explore differences together look for solutions that go beyond individual stakeholder’s capacities and limitations to achieve common purpose by sharing risks, responsibilities
Conflict Resolution and Negotiation Skills for IWRM
Multi-stakeholder platforms • Attributes of effective partnerships Shared vision Compatibility Benefits to all partners Equitable (not equal) power Clear ground rules / procedures Process accountability Communication
Conflict Resolution and Negotiation Skills for IWRM
Hierarchical policy model • Single governmental actor controls process • Policy objectives based on scientific research ranked over other societal objectives starting point in search of alternative solutions (instruments) • Assumption: properly chosen instruments will make society move to fit the norms
Conflict Resolution and Negotiation Skills for IWRM
Shortcomings • Government: only limited control capacity Sectoral focus: policy objectives from various fields ‘piled up’, not attuned (“conflicts of interest”)
• Actors: Complex dependencies not accounted for no hierarchical relationship
• Fragmented capacity to solve problems: Available knowledge Variety in problem perceptions
Conflict Resolution and Negotiation Skills for IWRM
Network management • For analysis of policy processes • For control of policy processes (to achieve policy goals) • Network management: “Policy process is more a result of a struggle between actors” Conflict of interests between actors
Conflict Resolution and Negotiation Skills for IWRM
Network management • Network = set of relationships among actors (persons / organizations) around certain problems or conflicts • Intent: to reach agreement between various public and private parties on policy objectives and problem solutions
Conflict Resolution and Negotiation Skills for IWRM
Network management • Large number of actors involved • A single actor unable to solve the problem: requires co-operation • Actors are interdependent • No formal hierarchy between actors • No single actor is irreplaceable • Mutual influence of actors
Conflict Resolution and Negotiation Skills for IWRM
Defining characteristics 1) Multiformity: presence of several actors Each actor has its own Vision Objectives Problem perception (and solutions Interests resources
Conflict Resolution and Negotiation Skills for IWRM
Defining characteristics 2) Interdependency Actors depend on each other: They need each other to come to solutions Acting of one actor affects the others
Conflict Resolution and Negotiation Skills for IWRM
Defining characteristics 3) Autonomy • Actors are independent in their actions • Choose own strategy with regard to reaching their objectives
Conflict Resolution and Negotiation Skills for IWRM
Defining characteristics 4) Complexity • interaction process characterized by complexity and overlapping objectives • Due to their divergent objectives, actors check on others • Autonomy of an actor depends on power and position within network • Formation of coalitions (‘together we are strong’)
Conflict Resolution and Negotiation Skills for IWRM
Defining characteristics 5) Dynamics • relations and interactions between actors are dynamic and (sometimes) sustainable • Policy networks develop over time • Some actors ‘step out’ or come newly into already existing policy network
Conflict Resolution and Negotiation Skills for IWRM
Other aspects: 1) stages • Initiative stage: • Creation of organizational conditions • activation of public & private actors • Cognitive stage • confrontation of problem perceptions • common problem definition & objectives • detailing of policy objectives
Conflict Resolution and Negotiation Skills for IWRM
Other aspects: 1) stages • Productive stage Negotiations on policy, measures, policy instruments, tasks • Formalization stage Formulation of policy plan Agreements on implementation package deal / plan
Conflict Resolution and Negotiation Skills for IWRM
Other aspects: 2) activation • Which actors to introduce or leave out? • Selective activation of actors: Include all indispensable actors: willingness, opposition, can consensus be reached? • Keep total number of actors low • Determine how parties are represented
Conflict Resolution and Negotiation Skills for IWRM
Other aspects: 3) structure • Closed or open negotiations? Closed: faster, but legitimacy problems Open: slower, but probably more support • Financing • Human resources • Information sharing and delivery • Time frame
Conflict Resolution and Negotiation Skills for IWRM
Other aspects: 4) problem definition • To reach agreement on specification of policy objectives is major challenge • Place resolution of issues in wider developmental perspective • “How to combine economic development with water policies” (and sustainable development)
Conflict Resolution and Negotiation Skills for IWRM
Other aspects: 5) interaction • Usually through some platform or project group • Within the this group specific (negotiation) procedures devised to reach consensus • Highly case-specific
Conflict Resolution and Negotiation Skills for IWRM
Other aspects: 6) mediator • Mediator as impartial 3rd party to oversee the negotiation process • Various roles and functions: Opens and maintains communication channels Legitimizes roles of parties Helps in exploring problem and identifying possible solutions
Conflict Resolution and Negotiation Skills for IWRM
Other aspects: 7) implementation • Implementation follows after agreement • Avoid “implementation gap” (between agreement and actual implementation): Commit governmental agencies Anchor implementation to specific targets and schedule Set-up an organisational (project) framework
Conflict Resolution and Negotiation Skills for IWRM
Benefits • Starts interaction process • Shared problem perceptions developed en route towards solution • Extension of responsibility for problem solving in society • Commitment if potential gain of participation exceeds that of non-participation • Policy preparation and implementation connected
Conflict Resolution and Negotiation Skills for IWRM
Drawbacks • Consensus may be reached, but does it solve the actual problem? • Risky due to strategic behaviour of actors • After reaching agreement, implementation can still go wrong • Legitimacy of policy
Conflict Resolution and Negotiation Skills for IWRM
Public Participation and Scale
Conflict Resolution and Negotiation Skills for IWRM
Public Participation in Water Management in the Netherlands • 1300
Water boards
• 1798
National Water Authority
• 1950
International Commission for Protection of the Rhine (ICPR)
• 2000
EU Water Framework Directive
• 2001
Aarhus Convention
Conflict Resolution and Negotiation Skills for IWRM
Water boards • 1000: • 1300:
Local community Regional representatives are elected
• Financed by taxation according to the extend of property • Right to say proportional to payment • • • •
1850: 1955: 1985: 2005:
3000 water boards 2480 water boards 255 water boards 27 water boards
Conflict Resolution and Negotiation Skills for IWRM
NL-Water boards 1947
Conflict Resolution and Negotiation Skills for IWRM
NL-Water boards 2009
Conflict Resolution and Negotiation Skills for IWRM
National Water Authority • 1798: Part of the Ministry of Transport, Public Works and Water Management • State in the State • Ca. 1970: Outer parliamentary opposition – Presentation of plans – Public participation – Communication with interest groups • 2000: Interactive planning
Conflict Resolution and Negotiation Skills for IWRM
ICPR and Public Participation
Conflict Resolution and Negotiation Skills for IWRM
Objectives of the ICPR • Sustainable development of the entire Rhine ecosystem • Guarantee the use of Rhine water for drinking water production • Improvement of the sediment quality in order to enable the use or disposal of dredged material without causing environmental harm • Overall flood prevention and environmentally sound flood protection • Improvement of the North Sea quality in accordance with other measures aimed at the protection of this marine area
Conflict Resolution and Negotiation Skills for IWRM
Observer status NGO • Criteria – NGO has to deal with Rhine issues – International
• Plenary Assembly decides on recognition
Conflict Resolution and Negotiation Skills for IWRM
Plenary assembly NGOs can participate as: • Representative of an NGO-recognized-as-observer • External expert • Member of a national delegation • 1998 • 2004 • 2008
9 NGOs recognized 12 NGOs recognized 17 NGOs recognized
Conflict Resolution and Negotiation Skills for IWRM
PP
PP
Public Participation in the ICPR
Conflict Resolution and Negotiation Skills for IWRM
Public Participation: Distance increases Water boards National Water Authority International Commission for Protection of the Rhine (ICPR) EU Water Framework Directive Aarhus Convention
Conflict Resolution and Negotiation Skills for IWRM
Public Participation: time consuming? Start
Policy preparation
Policy making
Implementation
Reactive Process
Start
Policy preparation
Policy making
Implementation
Profit Interactive Process
Conflict Resolution and Negotiation Skills for IWRM
Alternative Public Meeting Formats • • • • • • • •
Public hearing Public meeting Briefing/question and answer Panel/round table Large group/small group Workshops Open houses Coffee klatch
Conflict Resolution and Negotiation Skills for IWRM
Meeting prerequisites
• Time and place of the meeting • Seating arrangements
Conflict Resolution and Negotiation Skills for IWRM
Acceptance
• The acceptance of a (political) decision by those affected will largely depend on the Quality Aspects of the decision making process. • Based on the experiences in connection to the River Rhine the following aspects have been identified
Conflict Resolution and Negotiation Skills for IWRM
7 Criteria of Quality • • • • • • •
Involvement of public and private parties Attention to relevant interests Alternative plans for conflicting interests Options for compensation Formal hearing of public opinions Motivation of the decision Procedures for appeal
Conflict Resolution and Negotiation Skills for IWRM
This lecture is partly based on material of Martin Bijlsma, MSc