Convention on access to information, public participation in decision-making and access to justice in Environmental Matters

WIDE ACCLAIM
 

 “The Aarhus Convention is the most ambitious venture in environmental democracy undertaken under the auspices of the United Nations”

Kofi Annan, Secretary General, United Nations

“Today is a landmark for the environment.  The Convention gives us a golden opportunity to pursue environmental endeavours from the right approach”.

Klaus Topfer, Executive Director, UN Environment Programme.

“It is clear that the Convention is an important instrument which does as much for human rights as it does for creating a framework for achieving sustainable development.  It deserves our strong support….. The real challenge though is to avoid a gap between the words of the Convention and the day-to-day practice on the ground”

Michael Meacher, Minister of State for the Environment, United Kingdom.

Pillar 1 Access to environmental information.

Our Freedom of Information Act does not implement the first pillar of the Aarhus Convention and new Regulations on access to information will be in place in the UK in summer 2002.

This will be accompanied by new guidance and a publicity campaign to ensure citizens are aware of their rights under Aarhus.

Pillar 2  Public Participation

This pillar has 3 parts and is dependant on the other two access to information (Pillar 1) and access to justice (Pillar 3)

Pillar 3 Access to Justice

This pillar enforces the provision of the Convention into domestic environmental law so that it conveys the rights onto members of the public.   This pillar will ensure that participation happens in reality not on paper.

NOTES ON PILLAR 2 

Article 6 Specific activities

 

1.	Provisions shall apply to Annex 1 projects Proposed activities not listed in Annex 1 which may have a significant effect on the environment
2.	The public must be informed early in the environmental decision-making procedure – in an adequate, timely and effective manner on: The proposed activity The nature of possible decisions, The public authority responsible The envisaged procedure.
3.	Participation procedures must include reasonable time frames for the public to be informed, to prepare and participate effectively.
4.	Public participation must take place early when all options are open and effective participation can take place.
5.	Applicants should identify stakeholders, enter discussions and provide information about the application before applying for consent
6.	Stakeholders must have access to relevant information including: A description of the project A description of the effects on the environment A description of the measures necessary to avoid the effects A non technical summary An outline of the main alternatives studied by the applicants Public shall be informed this information is available
7.	Procedures for public participation must allow the public to submit comments, information, analyses or opinions
8.	The decision must take due account of the outcome of public participation
9.	When the decision is taken the public should be promptly informed and the text of the decision made accessible
10.	When a public authority reconsiders or up dates its operating conditions the principles 2-9 apply where appropriate
11.	The provisions shall apply to decisions on GMO’s

Article 7  Plans, Programmes and Policies

Appropriate practical provisions must be made within a transparent and fair framework for the public to participate during the preparation of plans and programmes and policies relating to the environment.  Provisions under Article 6, paras 3, 4 and 8 apply. 

Article 8 Executive regulation and legally binding normative instruments

Effective public participation must be promoted at an early stage and whilst options are still open.  Sufficient time frames should be fixed; draft rules published; and the public given the opportunity to comment directly or through representative bodies.  The result shall be taken into account as far as possible. 

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