INTERNATIONAL NETWORK FOR CULTURAL DIVERSITY

(INCD)

 

Cultural Impact Assessment Project

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Framework for cultural impact assessment

 

 

 

 

 

 

 

 

 

 

 

 

 

Prepared by :                                                  June 2004

Burama K. SAGNIA

Project consultant

Dakar, Senegal                                                     

Tel: (221) 520 96 40

Email: burasagnia@hotmail.com

 


CONTENTS

 

 

I –   Background and Context                                                                   3

 

 

II – Principles for Cultural Impact Assessment                            9

 

 

III – Legal Mandates and Administrative Procedures                  13

 

 

IV – A Conceptual Model for Collecting an Examining Data
and Information on Cultural Impacts                                       
15

 

IV.1 –   Determine Project Type                                                                 15

IV.2 –   Identify Cultural Impact Assessment Variables                             16

IV.3 –   Determine the Stage in Policy Development / Project Cycle        17

IV.4 –   Construct a Matrix for relating CIA Variables
to Policy/Project Type and Stage                                                  18

 

 

V – Procedure for conducting cultural impact assessment   20

 

 

VI – ConclusionS and Recommendations                                             26

VI.a –   Constraints of Cultural Impact Assessment                                  26

VI.b –   Application of Cultural Impact Assessment Results                      27

 

 

REFERENCES                                                                                                   30

 


I-                      BACKGROUND AND CONTEXT

 

The idea to initiate the formulation of a framework for assessing the cultural impact of development policies and projects came out of the INCD third annual meeting held in Cape Town (South Africa) in October 11-13, 2002.

 

The primary objective is to outline a framework that will assist development agencies and private interests in fulfilling their obligations towards the affected communities of their policies and projects, and in so doing respect, preserve and promote cultural diversity and identity.

 

According to the International Association for Impact Assessment (IAIA), impact assessment simply defined, “is the process of identifying the future consequences of a current or proposed action”.

 

Impact assessment as a standard development practice, gained international attention and recognition as a result of the activities of two international bodies. In 1980, during the special session on integrated impact assessment at a meeting of the American Association for the Advancement of Science (AAAS), the formulation of a new organization was discussed. It would combine the interests of environmental impact assessment, social impact assessment, technology assessment, risk assessment and related fields. A working party was convened to advance the proposal and the International Association for Impact Assessment was inaugurated as an international non-governmental organization.

 

At the 1992 United Nations Summit on Environment and Development, otherwise known as the Earth Summit held in Rio (Brazil), the notion of environmental impact assessment gained further international attention as a critical tool for enhancing sustained development. Since then, governments were required to formulate National Environmental Policies, establish National Environmental Agencies and elaborate National Environmental Action Plans to provide strategic dimensions for the respective countries in their efforts to address development issues with environmental consequences. The provision of required enabling legislations, institutional and policy frameworks for environmental issues, provided the basis for governments to require development agencies to prepare environmental impact statements (EIS) before undertaking actions that may significantly affect the quality of the human environment.

 

Preparing an Environmental Impact Statement requires the integrated use of the natural and social sciences and the humanities. For example addressing the social components of the Environment Impact Assessment has gradually led to the development of sound principles and guidelines on social impact assessment (SIA). An internationally-applied SIA guidelines was prepared by an Inter-organizational committee established by the United States Department of Commerce in May 1994.

 

The EIS guidelines has adopted both social and cultural variables among others to guide its investigations. While some EIS’s distinguish social variables from cultural variables, some subsume cultural variables under the broader social variables and treat culture as part of the social dimensions of environmental impact assessment, on the assumption that social impact assessment will adequately cover cultural issues and concerns.

 

The fact of the matter is that neither the cultural or social aspects of the EIS, nor the independent will of the cultural community has led to the development of similar international principles and guidelines for cultural impact assessment. A separate set of principles and guidelines that could provide common standards for addressing the cultural concerns of communities in a broad-based, holistic and participatory manner is what is required.

 

What is cultural impact assessment? What is its purpose or aim? Why has its development lagged behind other forms of impact assessment? What sort of principles and guidelines can be proposed to assess the cultural impact of development policies and actions? What efforts have or are being made to address cultural impact assessment issues at the national and international levels?

 

The term “cultural impact” refers to the consequences to human populations of any public or private policies and actions that significantly change their norms, values, beliefs, practices, institutions as well as the way they live, work, socialize and organize themselves as part of their cultural life.

 

Assessing the cultural impact of policies and actions on the human environment is not an entirely new phenomenon, as several agencies have already developed cultural impact assessment guidelines as part of their project evaluation frameworks.

 

However, as these agency-driven guidelines are tailor-made and custom-designed to suit the needs of the agencies concerned, there are remarkable variations in approaches and experiences on how the cultural impact of projects is to be assessed. There is therefore, up to now, no systematic interdisciplinary statement from the cultural community as to what the content of cultural impact assessment should be like.

 

In view of the multiplicity of approaches and experiences in carrying out cultural impact assessment, there is the need to develop common standards and guidelines. That way systematic and consistent regimes of the cultural impact assessment process could be developed to reduce biases and abuses of the system. For instance, it is undesirable to have culturally-damaging activities being encouraged to concentrate in those countries with the weakest standards of preserving and promoting cultural heritage, and at least a basic minimum agreed common standard and a view about good practise, would help reduce this problem.

 

There is so far no internationally negotiated and acceptable definition of cultural impact assessment. However, as there are a variety of approaches and experiences in cultural impact assessment, it is worth beginning with a basic definition of what it is meant, so that the terms used in this text are clear. For the purpose of this study, cultural impact assessment is defined as :

 

A process of identifying, predicting, evaluating and communicating the probable effects of a current or proposed development policy or action on the cultural life, institutions and resources of communities, then integrating the findings and conclusions into the planning and decision making process, with a view to mitigating adverse impacts and enhancing positive outcomes.

 

It could be deduced from the above definition that cultural impact assessment is predicated on the notion that decision makers should understand the consequences of their decisions before they act, and that the affected people will not only be appraised of the effects, but have the opportunity to participate in designing their future.

 

The goal therefore for undertaking this task is to enhance the preservation and promotion of the cultural diversity of affected communities with a view to ensuring the sustainability of development actions and policies. In this way it provides planners and decision makers with better information about the consequences which development actions and policies could have on the cultural environment, although it cannot of itself achieve that protection.

 

The approach is characterised by its multidisciplinary, systematic and predictive nature and in its better form involves :

Ž          Reviewing the existing state of the cultural environment and the characteristics of the proposed action and possible alternative actions ;

Ž          Predicting the state of the future cultural environment with and without the action (the difference between the two is the action’s impact) ;

Ž          Considering methods for avoiding, eliminating or reducing any adverse impacts, and possible compensation for them ;

Ž          Preparing a cultural impact statement or cultural assessment report which discusses the issues, and is used to inform and influence decision-making ; and

Ž          After a decision is made about whether/how the action should proceed, monitoring the impacts which do occur, and acting on the results of such monitoring.

 

Apart from informing the authority responsible for approving projects about foreseeable cultural consequences of policies or projects, cultural impact assessment has or should have an important function in ascertaining whether policies or projects will conform to other international standard-setting instruments on culture such as the 2001 UNESCO Universal Declaration on Cultural Diversity, the Action Plan of the 1998 Stockholm Intergovernmental Conference on Cultural Policies for Development, the 2002 Istanbul Declaration on the Intangible Cultural Heritage, etc…..

 

As a result of the publication of well-researched technical analyses of the significance of cultural factors in development efforts, coupled with active lobbying by a variety of research communities, a new recognition of the cultural basis and impact of development emerged. However, considered as a whole, there is still on the one hand, an almost total lack of established routines and on the other, a noticeable sceptism in development cooperation institutions as to the value of adopting more professional and standard approach to the cultural basis of development. At the sametime one can observe that the formulation of development cooperation goals and principles now underscore the fundamental role of cultural factors in recipient countries in the way development assistance is designed.

 

The above considerations notwithstanding, local communities face critical problems when it comes to the implementation of projects. More often than not, their participation in project that directly affect them is seriously curtailed. They are rarely actively involved in the project from the design stage through to evaluation. Rather, they are merely informed and their concerns, even if genuine, are hardly taken on board.

 

In the case of large infrastructural projects such as road construction, large scale multinational logging and dam constructions, because of the controversies involved, especially as it affects the local communities, the attitude of governments, the donor agency and the multinational contracting companies is one of benign neglect. It is out of such cultural concerns of the communities among others, that the need for cultural impact assessment arose. The following examples with illustrate the point.

 


 

 

Box I : Cultural challenges to road planning,

design and construction in Bali (Indonesia)

 

The challenge to construct new roads in developing countries with the intensity of land development and dense settlement patterns, coupled with the significance of cultural sites, is extremely difficult. Added to the engineering challenges is the requirement to document the proposed development under environmental impact assessment legislation, the regulations of the country and the environmental guidelines and directives of the donor agency.

 

This was the case for a recently completed study in Indonesia. The study involved the feasibility of ten proposed new roads for the urban area of Denspasar, the capital of the province of Bali, a place with a worldwide reputation as an exotic tourist destination that attracts several thousand tourists per year, and hence the need for an effective and efficient road transport network.

 

The main challenge for road design and construction in Bali is the Balinese concept of spatial orientation. Since most of the ten proposed new roads were to cross the existing infrastructure, they potentially created significant impacts on the integrity of the villages, the severing of access to the temples and the loss of housing and forced relocation of the residents. Moreover, there is no mitigation or compensation that is acceptable to the villagers and they must be involved in any decision making and vote in agreement as to the roads impact on the community.

 

Whereas new roads and improvement to the existing road infrastructure are desperately required to meet the growing number of vehicles and the movement of tourists that contribute substantially to the foreign exchange of Indonesia, but accommodating the cultural needs of the Balinese makes road design and construction a unique challenge.

 

 

Source: ND Lea International Ltd, Vancouver, B.C. Canada.

 

 


 

 

Box II: Cultural Challenges to Multinational logging:

The Case of the Saramacca Maroons

 

The rainforests in the world’s tropical regions are the sources of the cultural and biological diversity of local communities living nearby. They tap the rainforest as a means of subsistence, to meet their spiritual and emotional needs and as sources of the diverse medicinal and nutritional plant species they require.

 

However, these forests are frequently threatened by development projects or concessions offered to other international companies by their governments for logging purposes. Sometimes, big pharmaceutical companies from developed countries tap these forests as the source of medicinal plants which are later developed in distant laboratories into drugs that they later sell back to the very countries the plants were obtained from.

 

The world forest movement documented the plight of the Saramacca Maroons in Suriname in the fight to preserve their ancestral lands including the forests they have relied on for generations, from wanton exploitation by multinational corporations.

 

Presently, all land in the interior of the country (approximately 80%) is classified as state land and indigenous peoples and Maroons are considered to be permissive occupiers of state land without rights or title there to. If their subsistence activities conflict with logging or mining operations, the latter takes precedence as a matter of law. Furthermore, Suriname Law does not provide any mechanism for consulting with the communities about the granting of concessions on or near their territories.

 

International human rights standards provide that indigenous peoples and Maroons have the right to participate fully in decisions before they are taken, and about whether concessions are granted on their lands. Their rights include the right to information concerning the proposed activities, companies involved and the nature of risks posed by the activity.

 

 

Source: Forest Peoples Program of the World Rain Forest Movement.

http://www.wrm.org

 

 


 

 

Box III : Cultural challenges to Dam Construction in Turkey

 

The construction of a dam is always part of broader socio-economic development projects designed to provide hydro-electric power or to provide more cultivable land through irrigation. However, dam construction is without controversies as it disrupts the pattern of living of the local communities living around the site of the proposed dam or destroys underground archaeological remains and even relics and monuments.

 

The plan to construct a dam at Ilisu on the River Tigris is part of a large scale project for the socio-economic development of SE Anatolia. However, much of the archaeological heritage in the uppervalley of the Tigris and Euphrates and of their tributaries has not yet been investigated. Preliminary investigations have been made but the majority of the sites remain to be studied (excavated, inventorised, published).

 

The dam projects have however led to far greater attention over recent years and this attention in turn generated welcome possibilities for research.

 

Equally not much is known or documented of the traditional culture of the local population to be displaced by the construction of the dam. Kurdish settlements can be traced after a migration from western Persia around 2,500 years ago. Carpet weaving and the tradition of the Arab minority would equally be lost due to the underground archaeological heritage.

 

 

Source: Ilisu Engineering Group, Ankara, Turkey, April 2001

 

 

 


II – Principles for cultural impact assessment

 

The framework presented here is inspired by the basic structures of the environmental and social impact Assessment model as approved by the International Association for Impact Assessment. The model has however been adapted and further developed and improved upon with cultural elements and experiences, to enhance its suitability for assessing the cultural impact of development policies and projects.

 

Cultural Impact Assessment (CIA) is a method of analyzing what impact a development policy or action may have on the cultural aspects of the environment. These aspects include (but not limited to):

-               the ways people cope with life through their economy, rural systems and values;

-               the ways people use the natural environment for shelter, making livelihood, industry, worship, recreation, gathering together, etc;

-               the ways communities are organized, and held together by their social and cultural institutions and beliefs;

-               ways of life that communities value as expressions of their identity;

-               art, music, dance, language, crafts, drama festivals and other expressive aspects of culture;

-               a groups’ values and beliefs about appropriate ways to live, family and extra-family relationships, status relationships, means of expression and other expressions of the community; and

-               the aesthetic and cultural character of a community or neighbourhood-its ambience.

 

Cultural impact assessment involves characterizing the existing state of such aspects of the environment, forecasting how they may change if a given action or alternative is implemented, and developing means of mitigating changes that are likely to be adverse from the point of view of an affected population.

 

The following principles are benchmarks for conducting a cultural impact assessment : They include the :

 

1 – Public Involvement, Consultation and Participation

 

Since CIA is primarily concerned with determining and addressing the concerns of the public, public involvement is essential. In this respect, it is essential to determine who the affected segments of the public are, how they are organized and how their active participation could be assured.

 

2 – Analyze Impact Equity

 

A basic aspect of cultural impact assessment is to identify all groups likely to be affected by a development policy or action. There will always be winners and losers as the result of a decision to construct a dam, build a highway or undertake large scale timber logging (as in the examples shown in boxes: I-III). However, no category of persons, particularly those that might be considered more sensitive or vulnerable as a result of age, gender, ethnicity, race, impairment or disability, occupation or other factors, should have to bear the brunt of adverse cultural impacts. While there may be varying benefits for almost all to be affected by a proposed policy or action, the CIA has a special duty to identify those whose adverse impacts might get lost in the aggregate benefits. The impact equity analysis must be considered in close and sympathetic consultation with affected communities, neighbourhoods and groups, especially the poor, low-income and minority groups and indigenous communities.

 

3 – Focus the Assessment

 

Cultural impact assessment practitioners must contend with stringent time and resource constraints that affect the scope of the assessment and how much can be done in the time available. Given such constraints, a central question emerges: “If you cannot cover the cultural universe, what should you focus on?” The answer is to focus on the most significant impact in order of priority, and all significant impacts for all impacted groups must be identified early using a variety of rapid appraisal or other participatory enquiry techniques. Impacts identified by the public, through the use of participatory enquiry and involvement methods (focus groups discussions, participant-observation method, surveys, etc.) must be given high priority.

 

However CIA assessors must use their expertise and experience to prioritise issues. This may assist in identifying issues for further research, which might have been unrecognized by the public or the agencies.

 

4 – Identify Methods and Assumptions

 

The methods and assumptions used in cultural impact assessment should be made available and published prior to a decision in order to allow decision makers as well as the public to evaluate the assessment of impacts.

 

5 – Define significance

 

A cultural impact assessment should discuss how the significance of a cultural variable or an impact is represented. There are definitely reasons for regarding one variable as more significant than another in a given case; and these reasons should of necessity be made explicit.

 

6 – Provide Feedback to Project Planners

 

A CIA should not take the form of a basic research consultancy report, which could be drafted and delivered directly to the Contracting Agency without prior client involvement. There should be an active feedback process between the CIA Assessor and the Planning Agency throughout the assessment and planning process. That way, CIA results should feedback into project design to mitigate adverse impacts and enhance positive ones.

 

The CIA therefore should be designed as a dynamic process involving cycles of project design, assessment, redesign and reassessment. This process should be carefully carried out and coordinated informally with planners (project designers) so that they are adequately appraised of the potential problems and opportunities before it is too late to do anything about them. Equally important is the opportunity to be accorded the public for comments to the draft assessment report before its publication. This aspect can contribute immensely to the process of feedback and modification.

 

7 – Use Professionally Trained and Qualified CIA Practitioners

 

Trained Cultural Specialists using appropriate professional methods, will provide the best results. Generally speaking, such practitioners include anthropologists, archaeologists, ethnologists/ethnographers, cultural geographers, and members of related professions (e.g. sociology, social history, linguistics, musicology, etc.) may be effective cultural impact analysts if they have the right interest and training. Selecting a CIA practitioner requires a close look at both training and experience, and seeking a good “fit” between the analyst and the issues to be analysed.

 

8 – Establish Monitoring and Mitigation Programs

 

A CIA should not only provide the Agency with an analysis of impacts, but also the basis for setting up programs to mitigate cultural impact and monitor how these programs work.

 

Identifying a monitoring infrastructure is a key element of the local planning process. This should make monitoring and mitigation a joint agency and community responsibility. As few agencies seem to have the resources to continue these activities for an extended period, local communities when provided with the resources, could assume a part of the responsibility for monitoring and mitigation.

 

9 – Identify Data Sources

 

As a matter of good practice, a CIA should identify the sources of data and information upon which the analysis is based.

 

Three sources which should be consulted for any exercise are: Published Scientific literature, secondary data and primary data, although the balance among the three may vary according to the type of proposed action.

 

Published scientific literature including books, reports, journal articles from similar projects, would have normally summarised existing knowledge of impacts based on acceptable scientific standards.

 

Secondary Data including vital statistics, agency reports and routine data collected by government agencies.

 

Primary data sources would normally include survey research, oral histories, interview of key informants, etc.

 

10 – Plan for Gaps in data

 

No CIA collects all the required data. In such a situation, the CIA should honestly identify gaps in its data base information that probably exists but cannot be gathered, or questions and uncertainties about the data. In consultation with project planners, the CIA analyst should assess how critical the data are, and either develop strategies for obtaining them or establish ways to proceed towards a good decision without them.

 


III – Legal Mandates and Administrative Procedures

 

Legal Mandates

 

A cultural impact assessment does not take place in a vacuum. Apart from the fact that it is undertaken as a response to a particular situation, a proposed development action or policy change, it also has to be mandated by statutes or regulations already in place to provide authorisation for the exercise.

 

An examination of CIA exercises in most countries show that the National Environmental Act is the primary legal requirement for a cultural impact assessment. The CIA is therefore an investigation of the effects of development policy or action on the cultural aspects of the human environment.

 

This means that if there are no environmental effects of any kind, other than a social or cultural, an environmental impact statement will not be prepared, but an environmental assessment will be undertaken, which is expected to take note of other effects; social, cultural, economic, etc. A look at the enabling legislations of a few countries, providing the framework for CIA will illustrate the point.

 

Figure I: Statutes and legislations that mandate cultural impact assessment

 

Country

Legislation

Provision

USA

 

National Environmental Policy Act of 1969

Calls for the integrated use of the social sciences in assessing impacts on the human environment.

Hong Kong

 

- Environmental Impact Assessment ordinance

- Antiquities and Monuments ordinance

- Marine Archaeological Guidelines

Prescribes the approaches and standards required in investigating and assessing the impacts on the cultural heritage sites

 

New Zealand

 

- 1840 Treaty of Waitangi

- Resource Management Act, 1991

 

- Granted settlement rights to the British but guaranteed the Maori, protection of their possessions for as long as they wished.

- This is the mechanism under which the natural and physical resources of the New Zealand are to be managed.

Senegal

 

- Code de l’Environnement (Environment Law); loi n° 83-05 of 28/01/98

- Titre II du Code de l’Environnement (Prévention et lutte contre les pollutions et nuisances)

 

- Plan d’Action de l’Environnement Nationale

- Requires the assessment of the environmental, social and cultural impacts of all projects executed in Senegal;

- Requires the assessment of the impacts of all projects to ensure their environmental soundness.

- Stipulates the guidelines and procedures for carrying out environmental, social and cultural impact assessment of projects.

South Africa

 

Section 38 (1) of the National Environmental Management Act

 

Requires that any party who intends to undertake a development activity, must notify the responsible heritage resource authority and to furnish it will all necessary details. If the heritage resource authority believes that heritage resources will be affected by such development, it will require the developer to submit a heritage assessment report.

 


Administrative Process

 

As CIA is intended to provide a form of full-disclosure procedure for decision makers to enable them consider the full implications of potential courses of action and the unintended as well as the intended, before the proposed development proceeds, certain administrative processes are expected to be observed. The following is an example of an administrative process that a CIA can go through. This is a guideline, describing a standard process but its observance depends upon national circumstances, hence varying in the degree and level of sophistication. It is based on a summary of common standards observed by selected countries for this study, obtained through an internet review.

 

1 –     The National Cultural Agency prepares a ministerial memorandum/cabinet paper, identifying and defining those projects which will be subject (by law or cabinet order) to the CIA procedures;

2 –     The National Cultural Agency sets out the basic CIA guidelines;

3 –     The responsible Ministry sets out the CIA principles;

4 –     The project proponent prepares the draft CIA;

5 –     Notification, public inspection of project plans and draft CIA by the concerned local government authorities;

6 –     The project proponent organizes briefing meetings with the concerned/affected groups or communities;

7 –     Presentation of written comments from concerned members of the community;

8 –     Views and comments of the concerned local government authority;

9 –     Preparation of the final CIA by the project proponent;

10 –   Notification and public inspection of the final CIA by the concerned local government authorities and representatives of the affected groups;

11 –   Comments and observations of the National Cultural Agency Submitted directly to those who issue the license;