Stephen Teeuwen
Technical sectretary
Benin was one of the first countries in the region with environmental codes that contained E(S)IA provisions. The decree of 2001 firstly defined the ESIA procedures and introduced SEA in the legislation. The Agence Béninoise pour l’Environnement (ABE), the current ESIA agency, had been established even earlier. A rather complete body of legal texts and manuals was in place, and ESIA (for private sector investments) became a widely accepted practice. Around 2010, however, the ESIA system was losing strength: funding for ABE decreased, while simultaneously political leadership seemed to have lost its attention for ESIA.
In May 2015, the Council of Ministers of Benin approved an updated Decree on Environmental Assessment. In 2017, a renewed decree on Environmental Assessment procedures was published.
Decree 2017-332, article 9, stipulates the administrative and technical procedures of the SEA:
At the end of the first four phases of the process, the team of experts reports to the ABE, which makes its observations and recommendations during a presentation meeting.
Screening process
A document describing the programme to be evaluated, accompanied by a draft Terms of Reference (TOR) is sent to the ABE which carries out a preliminary examination, approves the draft TOR after amendment. The ABE also prepares a recommendation (for signature by the Minister of sustainable development ) to inform the organization responsible about the environmental obligations and the conditions for carrying out SEA.
Timeline Screening
15 days
Identification of stakeholders
Even if the importance of public participation is explicitly underlined (article 7), the identification of stakeholders is not described either in the decree or in the 2006 guide.
Scoping process
The scoping is not defined in much detail. It is implicit that the scoping is done by preparing the ToR for the SEA.
Baseline data
The process of an SEA consists of using study reports. The synthesis of the information collected will make it possible to identify the environmental problems of the territory studied.
Alternatives
The guide (not yet formalized) includes requirements on alternatives. A zero option (do nothing) can be evaluated during this step.
Also, strategic axes, which take into account environmental potentials and constraints linked to development needs and vision, must be formulated.
Content of SEA report
An SEA report should consist of the following elements:
Review process
In each step of the process, documents are submitted to ABE. The ABE staff validates the documents.
Participation in review
Public participation in the review of an SEA is not described in the decree (only an ad hoc technical committee is mentioned). However, the decree stipulates that “The process of Strategic Environmental Assessment is based on the principles of transparency, precaution and participation.” (article 7)
SEA and planning decision-making
The SEA report, once amended by an ad hoc technical committee of experts set up by the ABE, is sent after correction to the Minister, accompanied by a summary of the recommended environmental measures and the monitoring procedures.
The final document, verified by the ABE following this integration, is subject to an environmental feasibility visa issued by the Minister.
Monitoring and evaluation
In the SEA report, a proposal for a monitoring-evaluation and reporting mechanism for the implementation of the measures and recommendations is required.
The methodological guide (not formalized) requires that at each stage of implementation, the competent structures monitor and assess the level of respect for the principles contained in the strategic document.
The responsibility for monitoring SEAs, as well as coordinating the whole process, and its periodic review if necessary, rests with the EBA.
Proceed to legislation at project level