The Role of the
The Role of the
Aarhus Convention in International Aarhus Convention in International Environmental Governance
Environmental Governance
Michael Stanley-Jones Aarhus Convention Secretariat
Environment, Housing and Land Management Division United Nations Economic Commission for Europe
• Convention on Access to Information,
Public Participation in Decision-making and Access to Justice in Environmental Matters
• Developed under the auspices of the United Nations Economic Commission for Europe (UNECE)
• 41 Parties (including the European Community)
SOME BASIC FACTS
SOME BASIC FACTS
REGIONAL SCOPE
REGIONAL SCOPE – – GLOBAL RELEVANCE GLOBAL RELEVANCE
"… The adoption of the Aarhus Convention was a giant step forward in the development of international law in this field.... Although re- gional in scope, the significance of the Aarhus Convention is global. It is by far the most
impressive elaboration of principle 10 of the Rio Declaration... As such it is the most ambi- tious venture in the area of ‘environmental
democracy’ so far undertaken under the auspices of the United Nations...."
Kofi Annan, former Secretary-General of the United Nations
ORIGIN AND EVOLUTION OF THE CONVENTION ORIGIN AND EVOLUTION OF THE CONVENTION
June 1992 Principle 10 of Rio Declaration
Oct 1995 UNECE Guidelines on Access to Environmental
Information and Public Participation in Decision-making (Sofia Guidelines)
1996 – 1998 Negotiation of the draft Convention
25 June 1998 Adoption of the Convention at the 4th Ministerial
“Environment for Europe” Conference, Aarhus Denmark. Signed by 39 countries and the
European Community 30 Oct 2001 Entry into force
Oct 2002 First meeting of the Parties (in Lucca, Italy)
May 2005 Second meeting of the Parties (in Almaty, Kazakhstan) June 2008 Third meeting of the Parties (to be held in Riga, Latvia)
STATUS OF RATIFICATION STATUS OF RATIFICATION
Albania Armenia Austria
Azerbaijan Belarus Belgium Bulgaria Croatia Cyprus
Czech Republic Denmark
Estonia
European Community Finland
France
Georgia Germany Greece Hungary Italy
Kazakhstan Kyrgyzstan Latvia
Lithuania Luxembourg Malta
Netherlands Norway
Poland Portugal
TOTAL: 41 PARTIES TOTAL: 41 PARTIES
Republic of Moldova Romania
Slovakia Slovenia Spain Sweden
The Former Yugoslav Republic of
Macedonia Tajikistan
Turkmenistan Ukraine
United Kingdom
THE CONVENTION AS A MODEL OF GOOD THE CONVENTION AS A MODEL OF GOOD
ENVIRONMENTAL GOVERNANCE ENVIRONMENTAL GOVERNANCE
Recognises the right to a healthy environment and
acknowledges that citizens may need assistance in order to exercise their rights
Aims to further accountability and transparency in decision-making and strengthen public support for decisions on environment
Recognises desirability of transparency in all branches of government
Recognises importance of respective roles of citizens and enables active NGO participation in all processes under the Convention
CONTENT OF THE CONVENTION CONTENT OF THE CONVENTION
Objective, definitions, general features (articles 1-3)
ACCESS TO INFORMATION (articles 4-5)
PUBLIC PARTICIPATION (articles 6-8)
ACCESS TO JUSTICE (article 9)
Final clauses (articles 10-22)
Annexes
GENERAL FEATURES GENERAL FEATURES
• Recognition of citizens' substantive and procedural rights
SUBSTANTIVE: rights of present and future generations to live in an environment adequate to health and
wellbeing
PROCEDURAL: rights to information, participation, justice
• Broad definition of 'the public‘
Any natural or legal person, plus informal groups
• Broad definition of ‘public authority’
All sectors and levels of government, excluding bodies acting in legislative or judicial capacity
GENERAL FEATURES GENERAL FEATURES
• Each Party to establish and maintain a clear,
transparent and consistent framework to implement the Convention
• European Union institutions to be covered
• Anti-harassment, non-discrimination provisions
• Compliance review arrangements
• Open to non-UNECE countries
THE THREE
THE THREE ‘ ‘ PILLARS PILLARS ’ ’
INFORMATION PARTICIPATION
DEMOCRACY/RULE OF LAW
AARHUS CONVENTION
JUSTICE
ACCESS TO INFORMATION ACCESS TO INFORMATION
Passive (article 4) Passive (article 4)
• Any person has access
• Broad definition of environmental information
• Information to be provided ‘as soon as possible’
• Charges not to exceed reasonable amount
• Finite set of exemptions, with restrictive interpretation
ACCESS TO INFORMATION (2) ACCESS TO INFORMATION (2)
Active (article 5) Active (article 5)
• Dissemination of information
• Information systems
• Product information
• Pollutant release and transfer registers
• Use of Internet
• State of environment reports
PUBLIC PARTICIPATION
PUBLIC PARTICIPATION
PUBLIC PARTICIPATION PUBLIC PARTICIPATION
Specific Projects or Activities (article 6) Specific Projects or Activities (article 6)
• List of types of activity covered (Annex I)
• Timely and effective notification
• Reasonable timeframes
• Free inspection of relevant information by public concerned
• Comments in writing or public hearing
• Account to be taken in decision-making
PUBLIC PARTICIPATION (2) PUBLIC PARTICIPATION (2)
Plans, Programmes and Policies (article 7) Plans, Programmes and Policies (article 7)
• “appropriate practical and/or other provisions for the public to participate”
• reasonable timeframes, early participation
• due outcome to be taken of the outcome of public participation
• general obligation, but only “to the extent appropriate”
PUBLIC PARTICIPATION (3) PUBLIC PARTICIPATION (3)
Regulations and Normative Instruments (article 8) Regulations and Normative Instruments (article 8)
• “Strive to promote effective public participation”
• applies to rules/regulations that may have a significant effect on the environment
• draft rules to be made available and time-frames to comment fixed
ACCESS TO JUSTICE (article 9) ACCESS TO JUSTICE (article 9)
• Review procedures to challenge the handling of information requests (any person)
• Review procedures to challenge legality of project- level decisions requiring public participation
(restricted to concerned public)
• Review procedures to challenge general violations of national environmental law (standing may be
established by Parties)
ACCESS TO JUSTICE (2) ACCESS TO JUSTICE (2)
• Procedures to be fair, equitable, timely and not prohibitively expensive
• Decisions in writing, court decisions publicly accessible
• Injunctive relief 'as appropriate‘
• Mechanisms to remove financial barriers to be considered
MAIN AREAS OF ACTIVITY MAIN AREAS OF ACTIVITY
• Pollutant release and transfer registers (PRTR) – Protocol signed by 37 (now 38) Signatories at Extraordinary Meeting of the Parties to the Convention, in Kiev, Ukraine, May 2003
• Access to justice
• Electronic information tools/clearing house
• Public participation in international forums
• Public participation in strategic decision-making
• Genetically modified organisms
• Compliance mechanism
• Implementation
• Capacity building
CHALLENGES OF PARTICIPATORY CHALLENGES OF PARTICIPATORY
DEMOCRACY
DEMOCRACY … …
ALMATY GUIDELINES ALMATY GUIDELINES
• “.. promote the application of the principles of this Convention in international environmental
decision-making processes and within the framework of international organizations in matters relating to the environment.”
STRUCTURING INTERNATIONAL ACCESS STRUCTURING INTERNATIONAL ACCESS
• Keep the processes open, in principle, to the public at large
• Special measures should be taken to ensure a balanced and equitable process
• Promote transparency, minimize inequality, avoid the exercise of undue economic or political
influence
• Facilitate the participation of those
constituencies that are most directly affected
INVESTING IN ACCESS INVESTING IN ACCESS
All official documents ….should be made available to the public through the Internet, or through other
appropriate means, in a timely manner
…rendering information accessible to the public free of charge using electronic information tools …
…live webcasting of events and alternative methods to reach a broader public should be considered
INVESTING IN ACCESS INVESTING IN ACCESS
• Enhancing international access may imply investment of resources….
• Aarhus Parties support financially the
participation of four civil society organization representatives in each official meeting at
working group and expert level
• and of 75 NGO representatives in each Meeting of the Parties
INVESTING IN ACCESS INVESTING IN ACCESS
Selection made taking into account
representativit of environmental interest based on
nomination from European ECO Forum (an NGO umbrella organization)
geographical balance and
relevant content of meetings
PARTICIPATION PARTICIPATION
• Participation of the public concerned in the meetings of international forums, including their subsidiary
bodies and other groups established by the forums should be allowed at all relevant stages of the
decision-making process
• Accreditation or selection procedures should be based on clear and objective criteria
PARTICIPATION PARTICIPATION
• Selection criteria may include field of expertise,
representation in geographic, sectoral, professional and other relevant contexts, and knowledge of the working language
• timing of the opportunities to participate should be compatible with those pertaining to public access to the relevant documents
Recommendation on electronic information tools
• Addresses policy, content and capacity of stakeholders to effectively use e-tools
• Promotes the involvement of … providers and users of information ….in the development and use of
electronic tool
• specific training programmes linking use of electronic tools to promotion of good governance
