Public consultations

Public consultations conducted under the Odra-Vistula Flood Management Project are a multi-party and complex process in which different stakeholders, being beneficiaries of the planned investments implemented under the Project, have the possibility to familiarize themselves with the planned project activities and express their comments and suggestions regarding the final shape of adopted solutions.

According to Polish and international law[1] (the Aarhus Convention as well as the SEA, EIA, and Habitat Directives, respectively) as well as in keeping with the World Bank Operational Policies OP 4.12 Involuntary Resettlement and OP 4.01 Environmental Assessment, which the Investor is obliged to apply due to the commitment of funds from the International Bank for Reconstruction and Development (Loan Agreement No. 8524 PL of September 10, 2015) for the implementation of the project activities, the implementation of the Odra-Vistula Flood Management Project includes consultations with the community affected by a particular investment and non-governmental organizations (NGOs) with regard to environmental aspects of the implementation of such investment.

Under the Project, public consultations are mandatory and should be conducted at the earliest possible stage in order to identify expectations related to the implementation of a given investment and resulting benefits.

Their purpose is to:

• familiarize the local community with the planned investments,
• provide project-related documentation, i.e. Environmental Management Plans (EMPs) and Land Acquisition and Resettlement Action Plans (RAPs), for public review,
• clarify any doubts that may arise, and
• provide to the local community an opportunity to submit comments and suggestions.

Consultations also offer the opportunity to negotiate the content of compensation packages, eligibility criteria for awarding compensation, and the extent of assistance during resettlement and time for carrying out the resettlement process. In this way, by hearing arguments of different sides, any doubts can be be identified and more balanced solutions can be created. Decisions can then take into consideration various needs of citizens, groups, communities, and institutions of the civic society.

Consultations under the OVFMP primarily include the community affected by a specific investment, but invitations to participate in meetings, public debates, and webinars are also sent to NGOs actively involved in environmental aspects of the OVFMP implementation.

Public consultations during the state of epidemic threat

Due to the appearance and spread of the SARS-CoV-2 coronavirus that causes COVID-19 disease both in the world and in Poland, numerous restrictions on public life have been imposed in our country. Special preventive measures have been put in place in order to maintain social distance and reduce the risk of transmission of the virus. The new rules apply in particular to restrictions on organization of internal and public meetings, public consultations, and large gatherings.

These restrictions also impact the implementation of consultation processes under the Project because they affect the World Bank’s requirements regarding public consultations and the engagement of stakeholders in the implemented investments. Taking into account the possibilities of beneficiaries and the existing situation, the World Bank also issued special guidance entitled Public Consultations and Stakeholder Engagement in WB-supported operations when there are constraints on conducting public meetings.

In implementing the restrictions imposed by the Polish government and the Ministry of Health as well as the recommendations of the WHO and the co-financing institutions, new procedures have been put in place under the Project where it is necessary to conduct a public consultation. Therefore, until the state of epidemic threat has been lifted in Poland, public consultations under the Odra-Vistula Flood Management Project are conducted:

• by correspondence (this applies to Land Acquisition and Resettlement Action Plans),
• in electronic form (this applies to Environmental Management Plans).

In the case of both these documents, the consultation process always ends with the opportunity of participating in a consultation meeting that is organized in the form of a webinar open to all interested persons. During these meetings, information on the planned investments and the draft EMP or RAP document, respectively, is presented and, moreover, their participants are provided with the opportunity to ask questions and submit suggestions.

¹They have been transposed to Polish law by the Act of October 3, 2008 on access to information on the environment and its protection, public participation in environmental protection and environmental impact assessments (consolidated text Dz. U. (Journal of Laws) of 2018 item 2081, as amended) and by the Nature Conservation Act of April 16, 2004 (consolidated text Dz. U. (Journal of Laws) of 2020, item 55, as amended).