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Citizens' Tool for Monitoring Environmental Performance of Oil and Gas Companies

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THE CITIZENS’ TOOL

FOR MONITORING THE ENVIRONMENTAL PERFORMANCE OF OIL AND GAS COMPANIES DEVELOPED BY CIVIL SOCIETY COALITION ON OIL AND GAS (CSCO) IN COLLABORATION WITHCIVIL SOCIETY ALLIANCE ON OIL AND AND GAS IN SOUTH AND EASTERN AFRICA (COSEA) WITH SUPPORT FROM WWF REGIONAL OFFICE FOR AFRICA  –  ENERGY  ENERGY HUB.

 ACKNOWLEDGEMENTS: We are very grateful to all those who contributed in various ways to the initiation and development of this Citizens’   tool for monitoring environmental performance of oil and gas companies . The team is grateful to the CSCO Steering Committee (2014); the oil and gas companies in Uganda who cooperated in pre-testing the tool, the district local governments and local community representatives. The people involved are too many to mention, but the following deserve special mention. We are grateful to the following members of the study team; Twebaze Paul and Nathan Makuregye of Pro-Biodiversity Conservationists in Uganda (PROBICOU); Geofrey Odama and Agnes Ochokoru of Rural Integrated Community Empowerment – Empowerment  – West  West Nile (RICE-WN); Ivan Amanigaruhanga and Robert Ddamulira of the WWF Regional Office for Africa (WWF ROA) – ROA) – Energy  Energy Hub among others. We also wish to acknowledge and appreciate the support we have received in this process from CSOs from Mozambique, Tanzania and Kenya.

DISCLAIMER: The views presented in this document don’t reflect the official positions of the organizations or individuals involved. The tool report is supplied in good faith and reflects the knowledge, expertise and experience of the parties involved. The tool must not be published, quoted or disseminated to any other party without appropriately referencing CSCO and Civil Society Alliance on Oil and Gas in South and Eastern Africa (COSEA) as authors of the work. CSCO and COSEA accept no responsibility for any loss occasioned by any person acting or refraining from action as a result of reliance on the report. In conducting the analysis in the report the study team has endeavoured to use the best information available at the date of publication, including information supplied by the various respondents. The study team approach has been to develop analyses from first principles, on the basis of logic and available knowledge and evidence from the field. Unless stated otherwise, the study team does not warrant the accuracy of any results in the use of the tool.

Contents ACKNOWLEDGEMENTS: ................................................................................................................................ 2 DISCLAIMER: ................................................................................................................................................. 2 1.0

INTRODUCTION INTROD UCTION TO THE TOOL ................................. ................ ................................... ................................... ................................... ................................... .................... ... 4

1.1

COVERAGE COVERA GE AND FOCUS OF THE TOOL ................................... ................. ................................... ................................... .................................... .................... .. 5

1.2

OBJECTIVES OBJECTI VES ................................... .................. .................................. ................................... ................................... ................................... .................................... .......................... ........ 5

1.2.1

Overall Overa ll objective: objec tive: ................................... .................. ................................... ................................... ................................... ................................... .......................... ......... 5

1.2.2

Specific Specif ic objectives: objec tives: ................................. ................ ................................... ................................... ................................... ................................... .......................... ......... 5

2.0

METHODOLOGY METHODOL OGY OF TOOL DEVELOPMENT DEVELO PMENT .................................. ................. ................................... ................................... ................................... .................. 5

2.1

EVIDENCE-BASED EVIDENC E-BASED TOOL: ................................... .................. ................................... ................................... ................................... ................................... ....................... ...... 6

2.2

HOW TO APPLY THE TOOL: .................................. ................. ................................... ................................... ................................... ................................... .................... ... 6

3.0

MONITORING MONITOR ING ELEMENTS AND REQUIREMENTS: REQUIR EMENTS: ................................. ................ ................................... ................................... .......................... ......... 7

Table1: Showing monitoring elements, specific requirements and observation c hecklists................. hecklists..................... .... 7 ATTACHMENT 1: ENVIRONMENTAL PERFORMANCE MONITORING TOOL  – SCOR  – SCORE E SHEET SHEE T ................... .................. . 19

1.0 INTRODUCTION TO THE TOOL Oil and gas resources are important for human development. However, the development, transfer and utilization of these fossil-fuel resources presents significant challenges to the longterm conservation of the environment and natural resource especially in areas where oil and gas production takes place in Africa. The “Citizens’  Citizens’   tool for monitoring environmental performance of oil & gas companies (herein

referred to as MEPOC)”  is an instrument which has been developed by WWF Regional Office for Africa (ROA) Energy Hub and CSCO (in collaboration with COSEA) for establishing the extent to which any given oil and gas company is effectively managing and conserving environmental resources, biodiversity and maintaining vital ecosystem services through its direct and indirect activities in a given area over the long-term.

The tool covers management actions, policies and guidelines or failure thereof, by companies; their representatives and their contractors or sub-contractors with respect to implementing international and national environmental safeguards during oil and gas development. 1

The tool is based on prevailing national, regional international best practices  (specifically the IFC Performance Standards and ISO-14001 Environmental Standards as well as associated national legal, policy and other legislative frameworks and best practices. It is in this regard that the research team seeks to establish; 1) To what extent to which an oil and gas company effectively implements the requirements of the IFC performance standards for environmental management. 2) The extent to which an oil and gas company is ISO-140001 compliant in its practices. 3) The extent to which an oil and gas company complies with and exceeds the expectations of a host country’s environmental laws, standards and regulatory requirements. Environmental conservation (in the petroleum sector) involves practices aimed at resource efficiency, waste minimization, protection of biodiversity (identification and protection/enhancement protection/enhancement of important/‘critical’ habitats important/‘critical’ habitats and ecosystems/livelihoods), pollution prevention, among others, as influenced by environmental legislation and ethics in day-to-day conduct of oil and gas companies.

1

 Best practices are defined as the exercise of professional skill, diligence, prudence and f oresight that would reasonably be expected from skilled and experienced professionals engaged in the same type of undertaking under the same or similar circumstances globally and regionally (IFC, 2012)

1.1

COVERAGE AND FOCUS OF THE TOOL

The tool covers the elements of the ISO 14001 Standards 1 – 1 – 8,  8, IFC Performance standards 1 and 6 and appropriate environmental laws and regulations of the country in which it i s being administered to measure the level of compliance of international oil companies (IOC). The main themes that form the core focus of the tool are environmental management, biodiversity conservation and maintenance of ecosystem services. The breakdown of the standard elements and their respective requirements is presented in appendix 1.

1.2

OBJECTIVES

1.2.1

Overall objective:

The overall objective of the tool is to design a mechanism for facilitating an objective discussion between civil society organizations and International Oil and Gas Companies on issues of environmental concern as a means towards generating consensus for win-win solutions that benefit people, the industry and the long-term conservation of the environment. The specific objectives of applying this tool are further discussed below;

1.2.2 Specific objectives: The tool enables citizens and oil and gas companies to;

i.

Periodically discuss and objectively assess how oil and gas development activities are affecting the environment and natural resources.

ii.

Jointly develop and agree upon corrective measures and recommendations on how to maintain environmental and ecosystem integrity in areas of oil and gas development.

2.0 METHODOLOGY METHODOLOGY OF TOOL DEVELOPMENT The initiative is a civil society-led approach to monitoring environmental performance performance of oil and gas companies operating in Africa and particularly in areas of high biodiversity conservation value and which are important to local livelihoods. The idea was jointly developed through a in a participatory process by COSEA with support from the WWF Regional Office for Africa Energy Hub. The process involved initial discussions with competent CSO members particularly in

Uganda representing COSEA, for purposes of concretizing the idea, brainstorming on the best implementation approach and sequencing of activities.

2.1

EVIDENCE-BASED TOOL:

This is an evidence-based tool that draws its conclusions based on the available information encountered during its application. Literature on environmental requirements of international standards and local laws should be reviewed to generate a list of ‘what to look out for’, also known as monitoring indicators/elements. Being an evidence-based approach, this is a critical step as Oil and Gas companies can only be  justifiably held accountable accountable for what they are are mandated to do.

2.2

HOW TO APPLY THE TOOL:

A score-sheet showing specific monitoring elements, requirements and sample questions for each of the requirements is developed and applied on company staff at national offices, field offices, local government leaders, select affected communities and civil society representing such communities. The score-sheet also defines scoring criteria upon which deductions can be made. Analysis of performance and assessment of company compliance to environmental standards is based on responses/opinions and perspectives of all categories of stakeholders engaged when applying the tool. Other considerations to make when applying this tool include; o

Conducting adequate literature review to familiarize yourself with what the company is doing, what is planned and identify any gaps or best practices applied.

o

Think of 3-5 questions per standard element to guide the collection of data from companies.

o

Where possible, company and stakeholder interviews should be with departments/focus groups and not individuals so as to record positions that are developed through consensus.

o

This is an evidence-based approach, which requires the researcher to collect evidence before a score is awarded and where evidence can’t be obtained such criteria is better left un-awarded.

o

The person administering this tool must have a good understanding of the standards upon which the assessment is premised; particularly the IFC performance standards

o

2

The tool is recommended to be applied by CSOs operating in a team of 3 -5 experienced researchers with ability to balance and analyze responses to come to acceptable conclusions.

o

The team must seek and secure feedback first from the oil and gas companies before cross-referencing such feedback with feedback from other stakeholders.

o

Present findings of the tool objectively without making comparison of companies being assessed.

o

The detailed monitoring elements are only meant to assist the researchers in framing their inquiry appropriately but are not meant to be followed judiciously through the interview. Instead a summarized interview guide is attached in Attachment 1.

Note: while the tool is aimed to be as objective as possible based on prevailing evidence; a degree of subjectivity remains and this can only be eliminated through more cross-referencing and group discussions rather than individual interviews.

3.0 MONITORING ELEMENTS AND REQUIREMENTS: Table 1 below outlines the various monitoring elements and requirements identified as critical for facilitating CSOs towards effective monitoring of the environmental performance of oil and gas companies.

Table1: Showing monitoring elements, specific requirements and observation checklists MONITORING

REQUIREMENT(S)

OBSERVATION CHECK LIST

ELEMENT

Environmental

Every oil and gas company must have a

Management

dynamic

System (EMS)

identifying,

and

continuous

assessing

and

system

of

managing

environmental and social risks that are directly and indirectly associated with their activities.

This

involves





Request to look at a copy – copy – if  if the Environmental Management system is documented. Cross check on company websites for Environmental Management

engagement

2

http://www.ifc.org/wps/wcm/connect/c8f524004a73daeca09afdf998895a12/IFC_Performance_Standards.pdf?M OD=AJPERES

MONITORING

REQUIREMENT(S)

OBSERVATION CHECK LIST

ELEMENT

between the company, its workers, local

System/Plans information

communities directly affected and other stakeholders (IFC, Performance Standard 1:



Para 5. ISO 14001 Clause 1-4). The ESMS must incorporate the following



Observe different components of the system in practice;-for example the policy statement may be pinned in office. Take an initiative of ascertaining whether

elements: (i) policy; (ii) identification of risks

other members of staff, stakeholders etc

and impacts; (iii) management programs;

know about the Environmental

(iv) organizational capacity and competency;

Management system and how often

(v) emergency preparedness and response;

stakeholders may be involved

(vi)

stakeholder

engagement;

and

(vii)

monitoring and review. These sub-elements



Request for monitoring reports of the EMS

should be the core focus of your assessment and are described in detail below; 1. Environmental

policy

Every oil and gas company should have an



Take a look at the Environmental policy



Crosscheck whether these standards are

overarching documented policy that clearly specifies its environmental objectives and

described in the policy.

principles to achieve sound environmental performance in all its operations.



Cross check for its efficiency and

The company environmental policy should

appropriateness with provisions of ISO

also incorporate applicable national and

14001; 4.2

internationals laws and regulations in the host country. Where the oil and gas company c ompany subscribes to internationally recognized standards (e.g. ISO14001) these too should be described in the environmental policy Top management should define such an environmental policy and ensure the policy; a) Is appropriate to the nature, scale and environmental impacts of its activities, products and services b) Includes a commitment to continue improvement and prevention of pollution, c)

Includes a commitment to comply

MONITORING

REQUIREMENT(S)

OBSERVATION CHECK LIST

ELEMENT

with applicable legal requirements and with other requirements to which the organization subscribes, which relate to its environmental aspects d) Provides the framework for setting and reviewing environmental objectives and targets. e) Is documented, implemented and maintained f)

Communicated to all persons working for and on behalf of the organizations

The environmental policy should be available to the public (see IFC, Pe rformance Standard 1: Para 6, ISO 14001: 4.2)

2.Identification 2. Identification of direct and indirect environmental risks and impacts

Direct and indirect (third party) impacts on ecosystem services should be identified and assessed; impacts associated with primary supply chains should be identified as well.

Environmental

Impact

Assessment

reports. Ask about the procedures in place to

from oil and gas operations

Request to look at copies of a recent

The company is required to establish, implement and maintain a procedure(s) to identify the environmental aspects of its activities, products and services within the defined scope of the EMS that it can control

identify the environmental aspects of company activities, products and services within the defined scope of the EMS and as an ongoing process. Look out for:

and determine those aspects that have o r can have significant impacts on the environment (IFC, ISO 14001); potential emergency impacts should also be identified.

Risks and impact identification should be based on recent environmental and social baseline data at appropriate level of detail. The process of identification of risks and impacts should be adequate, accurate and

Evidence of pollution of air, water and soils  Change in quality of air, water and soils Waste management  Restoration and decommissioning of  drilled sites Camouflage of industry infrastructure  Changes in landscape and aesthetics  Land degradation, loss of vegetation  Animal movement and behavior and  disappearance of species Wetland degradation or disappearance  

MONITORING

REQUIREMENT(S)

OBSERVATION CHECK LIST

ELEMENT

objectively done by competent professionals. 

The identification process will identify relevant threats to biodiversity and ecosystem services focusing on habitat loss, degradation and fragmentation invasive species, overexploitation, hydrological changes, nutrient loading, and pollution, emission of greenhouse gases; potential trans-boundary effects e.g. air pollution and pollution of international waterways. Where the project involves specifically identified physical elements, aspects, and facilities that are likely to generate impacts, environmental and social risks and impacts will be identified in the context of t he project’s area of influence. This area of influence encompasses, as appropriate: The area likely to be affected by: (i) the project and the client’s activities and facilities that are directly owned, operated or managed (including by contractors) and that are a component of the project; (ii) impacts from unplanned but predictable developments caused by the project that may occur later or at a different location; or (iii) indirect project impacts on biodiversity or on ecosystem services upon which Affected Communities’ livelihoods are dependent (IFC PS 1:Para 6-8). Associated facilities, which are facilities that are not funded as part of the project and that would not have been constructed or expanded if the project did not e xist and without which the project would not be viable. The company is required to establish, implement and maintain a procedure(s) to monitor and measure, on a regular basis,

and shrinking or receding lake, river, swamps and streams. Testimonies from community members about impact (s)

MONITORING

REQUIREMENT(S)

OBSERVATION CHECK LIST

ELEMENT

the key characteristics of its operations oper ations that can have a significant environmental impact (ISO 14001). Cumulative impacts that result from the incremental impact, on areas or resources used or directly impacted by the project, from other existing, planned or reasonably defined developments at the time the risks and impacts identification process is conducted (ISO14001: 4.3.1) Cross-reference this requirement by referring to relevant national and regional laws, guidelines and standards (e.g. Environmental Impact requirements). The organization should have an established

Kindly describe the organizational

and competence

and

organizational

structure responsible for implementing

to address

structure

clear

your environmental management system?

associated

responsibilities and authority to implement

environmental

its Environment Management System.

3.Company 3. Company capacity

risks and impacts

fully

Key

maintained that

defines

environmental

responsibilities

should

be

roles,

Who has overall and subsidiary responsibility for the effective

management

implementation of your environmental

defined

management system?

and

communicated to relevant personnel and the rest of the organization.

How many people (permanent and temporary) are available to implement

Sufficient human and financial resources

your environmental management system.

should be provided on an ongoing basis to achieve

effective

environmental

performance. ISO14001 requires every certified company to ensure the availability of resources essential to establish, implement, maintain and improve the EMS See: IFC PS 1:6 Para 17-19 and ISO14001 4.4.1-4.4.2 Cross-reference this requirement by referring to relevant national and regional

How much is your annual budget for the implementation of the environmental management system?

MONITORING

REQUIREMENT(S)

OBSERVATION CHECK LIST

ELEMENT

laws, guidelines and standards. Every oil and gas company must establish

Can I have access to copies of the

management of

programmes and performance improvement

environmental risk/impact management

environmental

measures that effectively address the

action plans?

risks and impacts

identified environmental and social risks of

4.Company 4. Company

their operational activities.

How are the responsibilities of the environmental action plans assigned

These plans shall consist of documented

within the company?

operational procedures, practices, plans and related supporting documents (e.g. waste management plan; oil spill contingence

How is the environmental management

Such environmental risk and impact

action plan adaptable to unforeseen

management plans should abide by the

environmental risks and impacts?

mitigation hierarchy which will favor avoidance of impacts over minimization and where residual impacts remain, compensation/offset where technically and financially viable. The mitigation measures chosen should take into account the outcomes of the engagement process with affected communities. The outcome of environmental risk and impact management should be Action Plans should

clearly

define

desired

outcomes and actions to address the issues raised in the identification process. The

environmental

impact

action

plan

should be complete with performance indicators and targets that can be tracked over defined time periods with estimates for resources

and

clearly

can be directly attributable to third-party (e.g. contractors) stakeholders?

plans etc).

which

What impacts have been identified that

assigned

responsibilities. The management plan should also outline

MONITORING

REQUIREMENT(S)

OBSERVATION CHECK LIST

ELEMENT

relevant actions and events controlled by third-parties. The Action Plan should be dynamic and be responsive to changes in circumstances, unforeseen events and results of monitoring and review. IFC: PS 1: Para 13-16 ISO14001. 4.4.6; 4.4.7 Cross-reference this requirement by referring to relevant national and regional laws, guidelines and standards.

5.Company 5. Company

Oil and gas companies should have a clear

Outline the process through which you

disclosure,

and ongoing process for stakeholder

identify affected communities to your

consultation and

engagement including stakeholder analysis,

operations?

participation

planning, disclosure and dissemination of

engagement of

information, consultation, participation,

stakeholders in

grievance mechanism and ongoing reporting

environmental

to affected communities.

management

The company should demonstrate that the

Kindly describe your affected communities and CSO engagement plans and activities? Can you please provide a copy of your stakeholder engagement plan?

aim of its stakeholder (particularly CSOs and

How do you ensure that community

affected communities) engagement process

representatives in fact represent affected

is to build strong, constructive and

communities?

responsive relationships that are essential for management of environmental risk and

Describe your grievance handling

impacts.

mechanism?

Where the stakeholder engagement process

How have you ensured that that your

depends substantially on community

grievance handling mechanism is well

representatives, the company should make

understood by affected communities,

every reasonable effort to verify that such

CSOs and other stakeholders?

persons do in fact represent the views of the affected communities.

Disclosure: The oil and gas companies should disclose relevant information to affected communities on i) purpose, nature,

Describe to your stakeholder consultation process? In what ways do you ensure that such a process is continuous and is a basis for

MONITORING

REQUIREMENT(S)

OBSERVATION CHECK LIST

scale of the project ii) duration of proposed

ongoing impact identification and

activities iii) any risks to and potential

mitigation?

ELEMENT

impacts on communities and relevant mitigation measures iv) envisaged stakeholder engagement process and v) grievance mechanisms

Consultation: companies must undertake effective and early consultation as a twoway process that i) begins early during identification of impacts and risks and

How do you ensure that you capture the views of women, youth, elderly, minorities and other disadvantaged groups? Can you kindly provide some documentation of your most recent stakeholder consultation/participation activities?

continue as an ongoing basis for further risk

How do you ensure and community back

and impact identification ii) is based on prior

to communities on the extent to which

disclosure and dissemination of relevant,

their views and ideas on impact

transparent, objective, meaningful and

management have been incorporated into

accessible information to affected

your environmental management action

communities and CSOs that represent them

plans?

iii) is inclusive (women, youth, children, elderly vulnerable and disadvantaged

In what ways have you complimented

groups) iv) be free of external manipulation,

government efforts to ensure effective

interference, coercion or intimidation v)

stakeholder engagement planning,

enables meaningful participation vi) is

implementation, review and monitoring?

documented.

Kindly describe your current grievance

Informed consultation and participation:

management mechanism through which

for projects with potentially adverse impacts

you receive and resolve concerns on your

on affected communities companies must

environmental performance?

undertake this kind of consultation. This involves in-depth exchange of views and information in an iterative process and companies should incorporate the views of affected communities on matters that affect them directly e.g. sharing of benefits and opportunities, mitigation of impacts and sequencing of implementation. Where government capacity is weak, the oil and gas companies play an active and supplementary role to ensure stakeholder engagement planning, implementation and

Describe how you have ensured that your grievance mechanism resolve environmental and social concerns promptly in an understandable and transparent consultative process that is culturally appropriate and readily accessible?

MONITORING

REQUIREMENT(S)

OBSERVATION CHECK LIST

ELEMENT

monitoring are effective and adequate.

Grievance mechanisms: oil and gas companies should establish and clearly communicate an effective grievance handling mechanism to receive, facilitate resolution of concerns and grievances about the clients environmental performance. The grievance mechanism should resolve concerns promptly in an understandable and transparent consultative process that is culturally appropriate and readily accessible. The mechanism should not impede access to  judicial or administrative remedies and should be effectively communicated to affected communities. See: IFC PS: 1 Para 25-36 and ISO14001

6. Monitoring,

Oil and gas companies should involve

review of

representative of affected communities in

company EMS

monitoring environmental impact management activities. Company should maintain external experts to verify its monitoring information. The company should use dynamic mechanisms such as internal inspections and audits to verify compliance and progress towards desired environmental outcomes. Oil and gas companies must collaborate with government to establish an effective environmental risk and impact monitoring system. Companies should document results form impact/risk monitoring activities and

How have you involved representatives of affected communities in providing external feedback to your environmental management activities? Describe how you are verifying your environmental monitoring and impact management system through external expert feedback processes? How are you applying internal inspections and audits to verify compliances and progress towards desired environmental outcomes? How are the results of environmental impact monitoring processes communicated to top management? What are some of the actions top management takes in relation to these environmental monitoring results?

MONITORING

REQUIREMENT(S)

OBSERVATION CHECK LIST

identify and reflect necessary corrective and

Other things to look out for;

ELEMENT

preventative actions in the updated management programmes and plans.



Top management is required to review the



company’s EMS at planned intervals to



ensure its continuing suitability, adequacy



and effectiveness ISO 14001, 4.4.3), IFC Standard 1, Para 22- 24

 

7.Compliance 7. Compliance with

CSOs applying this tool should check and



environmental

summarize here the requirements of the



principles and

relevant national environmental laws and

safeguards

guidance with respect to environmental

prescribed by

management, restoration, forest

your national

conservation laws, protection of wetlands,

environmental

species management plans, Environment

law.

Impact Assessment (EIA) guidelines etc.

    

CSOs applying this tool should check and



management of

summarize here the requirements of the



waste arising

relevant national, regional and international



from oil and gas

laws, guidelines and standards on pollution



development

management of relevance to the oil and gas

activity

sector. These should be summarized here as

8.Pollution 8. Pollution



Evidence of meetings with a variety of stakeholders Meeting minutes about EMS Reports of workshop on EMS Community voices Biodiversity study reports Films and videos of monitoring exercises

IEC materials Evidence of meetings with a variety of stakeholders Meeting minutes about EMS Reports of workshop on EMS Community voices Biodiversity study reports Films and videos of monitoring exercises

Waste bins Waste management plans Budgets for waste management Existence of human resource An independent contractor in place

guidance notes.

9.Protection 9. Protection of the

Companies should apply the impact

environment,

mitigation hierarchy which should seek to

conservation of

avoid all impacts, where this fails should

biodiversity and

minimize impacts where this fails should,

maintenance of

rehabilitate and restore biodiversity and

ecosystem

ecosystem services.

services

Companies must ensure there is no conversion of natural habitats unless there

Describe how you are applying the mitigation hierarchy? Describe how you are safeguarding critical habitats and species through a long-term biodiversity conservation programme? Describe how you are promoting and enhancing the long-term conservation aims and effective protected area management for protected areas in or

MONITORING

REQUIREMENT(S)

OBSERVATION CHECK LIST

are no alternatives – there  – there should be no-net-

near your operation areas?

ELEMENT

3

loss  of biodiversity and preferably a netgain to biodiversity Protection of biodiversity and ecosystem services for modified habitats, natural habitats and critical habitats (e.g. Ramsar sites) requires a long-term biodiversity

What priority ecosystem services have your identified will required special attention for management during your operations? Describe measures you plan to undertake to safeguard such ecosystem services?

monitoring and evaluation programme. In legally protected areas the oil and gas companies must demonstrate that their

How do you ensure that affected communities are involved in identifying priority ecosystem services?

activities are legally permitted; consistent with government management plans for

Check also:

such protected areas, consult protected area managers, affected communities and other stakeholders; and are undertaking programmes to promote and enhance longterm conservation aims and effective area management IFC: Performance Standard 6 (Para 9-23)

 

   

Biodiversity plans Budgets for biodiversity conservation Biodiversity study reports Restored sites Systematic review reports Reports of stakeholder involvement

Ecosystem services: Where a project is likely to adversely impact ecosystem services as determined by the risks and impact identification process, the Company will conduct a systematic review to identify priority ecosystem services Priority ecosystem services include i) those services which if affected will result in adverse impacts on local communities; ii) those services which company operations depend upon. For services (e.g. climate moderation) upon which local communities depend; the 3

 No net-loss is defined as the point at which project related impacts on biodiversity a re balanced by measures taken to avoid and minimise the p roject’s impacts, to undertake onsite restoration and finally offset significant residual impacts if any on an appropriate geographic scale.

MONITORING

REQUIREMENT(S)

ELEMENT

companies must make effort to avoid adverse impacts. Communities should also be involved in determining priority ecosystem services as part of the stakeholder engagement process. For services upon which operations depend; companies should avoid and minimize impacts as well as ensure resource efficiency * CSOs applying this tool should enrich this section by cross-reference with their national wildlife protection laws and regulations.

OBSERVATION CHECK LIST

 ATTACHMENT  ATTACHMENT 1: ENVIRONMENT ENVIRONMENTAL AL PERFORMANCE PERFORMANCE MONITORI MONITORING NG TOOL –  SCORE SHEET SHEET Aim: This score-card aims to establish to what extent any given oil and gas company is committed and taking actions that are aimed at protecting, conserving, maintaining biodiversity and vital ecosystems and sustainably managing living natural resources during its oil and gas development activities within its area of operation. Such actions are either directly by the company itself or through its contractors. Score guide:

1

Very Poor

2

Poor

3

Good

4

Very good

5

Exemplary

MONITORING

OBSERVATION CHECK LIST

ELEMENT

Environmental Management System (EMS)

(1-5)

Request to look at a copy – copy – if  if the Environmental Management system is documented. Cross check on company websites for Environmental Management System/Plans information Observe different components of the system in practice;-for example the policy statement may be pinned in office. Take an initiative of ascertaining whether other members of staff, stakeholders etc know about the Environmental Management system and how often stakeholders may be involved Request for monitoring reports of the EMS

1. Company

Score

Request to take a look at the

Evidence/justification Evidence/justification for the score

MONITORING

Score

OBSERVATION CHECK LIST

ELEMENT

environmental policy

(1-5)

company environmental policy Does the policy integrate national and International environmental best practices and standards Is the company committed to continuous improvement and prevention of pollution Does the company communicate the policy to all persons working for and on behalf of the company Does the company conduct policy reviews on environmental objectives and targets?

2.Identification 2. Identification of

Request to look at copies of a

direct and indirect

recent

environmental

Assessment reports.

risks and impacts from oil and gas operations

Are

Environmental

Impact

Environment

Assessments

Impact

available

and

accessible to the public? Does

the

company

have

staff

and

competent professionals

to

continuously

identify environmental risks and impacts? Ask about the procedures in place

to

environmental company

identify aspects

activities,

the of

products

and services within the defined scope of the EMS and as an ongoing process. Look out for:

Evidence/justification Evidence/justification for the score

MONITORING

OBSERVATION CHECK LIST

ELEMENT

(1-5)

Evidence of pollution of air, water and soils  Change in quality of air, water and soils Waste management  Restoration and  decommissioning of drilled sites Camouflage of industry  infrastructure Changes in landscape and  aesthetics Land degradation, loss of  vegetation Animal movement and  behavior and disappearance of species Wetland degradation or  disappearance and shrinking or receding lake, river, swamps and streams. Testimonies from community  members about impact (s) 

3.Environmental 3. Environmental

Score

Does the company have

risk and impact

procedure(s) to monitor and

management

measure, on a regular basis, the key characteristics of its operations that can have a significant environmental impacts? Can I have access to copies of the environmental risk/impact management action plans? How are the responsibilities of the environmental action plans assigned within the company? What impacts have been identified that can be directly

Evidence/justification Evidence/justification for the score

MONITORING

OBSERVATION CHECK LIST

ELEMENT

(1-5)

attributable to third-party (e.g. contractors) stakeholders? How is the environmental management action plan adaptable to unforeseen (emergency) environmental risks and impacts?

4.Company 4. Company capacity

Kindly describe the

and competence

organizational structure

to address

responsible for implementing

associated

your environmental

environmental

management system?

risks and impacts

Score

Who has overall and subsidiary responsibility for the effective implementation of your environmental management system? How many people (permanent and temporary) are available to implement your environmental management system? How much is your annual budget for the implementation of the environmental management system? Does the company have the requisite infrastructure and equipment for managing environmental risks and impacts? What plans are in place to ensure ongoing capacity development of environmental

Evidence/justification Evidence/justification for the score

MONITORING

OBSERVATION CHECK LIST

ELEMENT

(1-5)

management staff?

5.Company 5. Company

Outline the process through

disclosure,

which you identify affected

consultation and

communities to your

participation

operations?

engagement of stakeholders in environmental management

Score

Kindly describe your affected communities and CSO engagement plans and activities? Can you please provide a copy of your stakeholder engagement plan? How do you ensure that community representatives in fact represent affected communities? Describe your grievance handling mechanism? How have you ensured that that your grievance handling mechanism is well understood by affected communities, CSOs and other stakeholders? Describe to your stakeholder consultation process? In what ways do you ensure that such a process is continuous and is a basis for ongoing impact identification and mitigation? How do you ensure that you capture the views of women, youth, elderly, minorities and

Evidence/justification Evidence/justification for the score

MONITORING

OBSERVATION CHECK LIST

ELEMENT

Score (1-5)

other disadvantaged groups? Can you kindly provide some documentation of your most recent stakeholder consultation/participation activities? How do you ensure and community back to communities on the extent to which their views and ideas on impact management have been incorporated into your environmental management action plans? In what ways have you complimented government efforts to ensure effective stakeholder engagement planning, implementation, review and monitoring? Kindly describe your current grievance management mechanism through which you receive and resolve concerns on your environmental performance? Describe how you have ensured that your grievance mechanism resolve environmental and social concerns promptly in an understandable and transparent consultative process that is culturally appropriate and readily accessible?

Evidence/justification Evidence/justification for the score

MONITORING

OBSERVATION CHECK LIST

ELEMENT

6. Monitoring, review of company EMS

Score (1-5)

How have you involved representatives of affected communities in providing external feedback to your environmental management activities? Describe how you are verifying your environmental monitoring and impact management system through external expert feedback processes? How are you applying internal inspections and audits to verify compliances and progress towards desired environmental outcomes? How are the results of environmental impact monitoring processes communicated to top management? What are some of the actions top management takes in relation to these environmental monitoring results? Other things to look out for; 





 



Evidence of meetings with a variety of stakeholders Meeting minutes about EMS Reports of workshop on EMS Community voices Biodiversity study reports Films and videos of monitoring exercises

Evidence/justification Evidence/justification for the score

MONITORING

OBSERVATION CHECK LIST

ELEMENT

7.Compliance 7. Compliance with environmental principles and safeguards prescribed by your national environmental law.

Score

Evidence/justification Evidence/justification for the score

(1-5)

CSOs applying this tool should check and summarize here the requirements of the relevant national environmental laws and guidance with respect to environmental management, restoration, forest conservation laws, protection of wetlands, species management plans, Environment Impact Assessment (EIA) guidelines etc.









Other things to consider: IEC materials  Evidence of meetings  with a variety of stakeholders Meeting minutes about  EMS Reports of workshop on  EMS Community voices  Biodiversity study  reports Films and videos of  monitoring exercises

8.Pollution 8. Pollution management of waste arising from oil and gas development activity

CSOs applying this tool should check and summarize here the requirements of the relevant national, regional and international laws, guidelines and standards on pollution management of relevance to the oil and gas sector. These should be summarized here as guidance notes.  



Waste bins Waste management plans Budgets for waste

MONITORING

OBSERVATION CHECK LIST

ELEMENT

9.Protection 9. Protection of the environment, conservation of biodiversity and maintenance of ecosystem services

Score (1-5)

management Existence of human  resource An independent  contractor in place Describe how you are applying the mitigation hierarchy? Describe how you are safeguarding critical habitats and species through a long-term biodiversity conservation programme? Describe how you are promoting and enhancing the long-term conservation aims and effective protected area management for protected areas in or near your operation areas? What priority ecosystem services have your identified will required special attention for management during your operations? Describe measures you plan to undertake to safeguard such ecosystem services? How do you ensure that affected communities are involved in identifying priority ecosystem services? Check also:  

  

Biodiversity plans Budgets for biodiversity conservation Biodiversity study reports Restored sites Systematic review reports

Evidence/justification Evidence/justification for the score

MONITORING

OBSERVATION CHECK LIST

ELEMENT

Score

Evidence/justification Evidence/justification for the score

(1-5) 

Reports of stakeholder involvement.

* CSOs applying this tool should enrich this section by crossreference with their national wildlife protection laws and regulations.

REFERENCES: 1. IFC, 2012. Performance Standards on Environmental and Social Sustainability, IFC Washington DC. 2. ISO 14001, 2004. Environmental Management systems – systems – requirements  requirements with guidance for use, Geneva, Switzerland. 3. UNEP, 1997. Environmental management in oil and gas exploration and production. UNEP and the Oil Industry International Exploration and Production Forum. Nairobi, Kenya.

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