Press Releases 1998

[Index]

PUTTING AN END TO ENVIRONMENTAL SECRECY

10 March 1998

UN/ECE reaches agreement on new environmental rights convention

"Obstacles to public access to environmental information and to the public's involvement in decision-making are everywhere. Industry and government agencies may collect environmental data, but they either do not report them to the public or report them when they're out-of-date. Making your voice heard in the decision-making process is even harder," according to Mr Kaj Bärlund, Director at the United Nations Economic Commission for Europe (UN/ECE).

UN/ECE has negotiated a regional convention on environmental rights to guarantee access to environmental information, public participation in environmental decision-making, and access to justice in order to protect the right of everyone to live in a healthy environment. Reconciling the different attitudes towards public participation and access to information prevailing in countries as diverse as Norway, the United Kingdom, Kazakhstan or the Russian Federation was never going to be easy. But after many months of intense and arduous negotiations, a final agreement was reached at the eleventh hour. The new convention is now ready for adoption and signature at the fourth Ministerial Conference "Environment for Europe" in Århus, Denmark, next June.

The involvement of non-governmental organizations (NGOs) in the negotiations has been without precedent. As full-fledged participants, they have added a new dimension to the negotiations and a fresh point of view. They have helped to give the convention the shape that it has today.

A Coherent Combination

In a world of conflicts of interest, complex problems, and diverging scientific analyses of the environment, it is becoming increasingly difficult to implement a balanced environmental policy, which takes account of all the aspects. Therefore, and also for the sake of our environment, members of the public who are interested and concerned should have access to the information on which environmental decisions and policies are made.

Imagine, for instance, that a government has to choose between, on the one hand, building a new motorway or railway so that traffic can flow smoothly and travelling becomes easier and, on the other, protecting a beautiful landscape. Thanks to the UN/ECE convention, the public will have access to the information on which the government´s choice is based, and above all to the decision-making procedure itself, so that it can influence the final decision. Maybe the government in the capital has not been fully briefed about all the aspects of the case. Is the government familiar with the local way of life? Maybe the inhabitants prefer to put up with longer journeys so long as the natural beauty of their area can be preserved.

The convention also deals with genetically modified organisms. Producers may think that labelling genetically modified tomatoes is enough, but the average consumer may have different ideas and want these products taken off the supermarket shelves altogether.

The three pillars of the convention -- access to information, public participation and access to justice -- form a coherent unit. It is widely recognized that public participation in decision-making processes makes for better decisions and facilitates their application. It gives the public the possibility to express its concerns, and enables the public authorities to take due account of such concerns. Access to information is a prerequisite for a well-informed public and is needed to enable participation; but it is also a way of raising environmental awareness and understanding. The right to have recourse to administrative or judicial proceedings to challenge the authorities' decisions is necessary to make sure that the access to information and the public participation in decision-making are effective. The convention guarantees these rights to the public regardless of nationality, citizenship or domicile. NGOs are granted similar rights.

A Unique Convention

The new convention -- more so than traditional environmental conventions -- spells out the public authorities' obligations towards the public at large, and not only towards other Parties to the convention. It is more intersectoral in nature, as it covers all environmental fields, such as water, air, soil, chemicals, human health, land-use planning, living conditions, etc. (see annex below). Furthermore, the provisions of the new convention are more detailed and lay down specific requirements in terms of openness and transparency. "In fact, it sets an example for strengthening democracy throughout the UN/ECE region and beyond. This is the reason why UN/ECE can say, without hesitation, that this convention will be unique," explains Mr Kaj Bärlund.

The new convention will be open for accession by non-UN/ECE member States as well. This is the first time that an environmental convention drawn up under the auspices of UN/ECE includes such a provision. The convention sets minimum standards for access to environmental information, public participation in environmental decision-making and access to justice, which can also be applied beyond UN/ECE. This stipulation conforms with the spirit of the convention, which provides access to information, public participation and access to justice to people regardless of their nationality, citizenship or domicile.

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Annex

What rights does the convention grant?

Every person has the right to access to environmental information (bar some exceptions). "Environmental" is defined broadly: it covers biological diversity, including genetically modified organisms, the state of human health and safety and conditions of human life, as well as the state of the environment (e.g. air, atmosphere, soil, water). Furthermore, economic analyses and assumptions used in environmental decision-making are covered by the definition. The person or organization seeking access does not have to state any specific interest or reasons for the request, and the request should be answered within one month. If the public authority refuses access on the basis of one of the exemptions, reasons for this should be stated to enable the applicant to appeal the decision.

Not only does the public have the right to environmental information "upon request". Public authorities also have an obligation to collect and disseminate environmental information, and make it widely available on the Internet, for instance. The convention also includes an obligation to establish pollutant release and transfer registers and inventories, as already exist in e.g. the United States, Sweden and the Czech Republic.

For the second pillar -- public participation -- inspiration has been sought in other international instruments on the subject. The new convention lists specific activities for which public participation is obligatory. The list includes: the energy sector, metal production, the mineral industry, the chemical industry, waste management, major waste-water treatment plants and other water management constructions, installations for the intensive rearing of poultry or pigs and a range of other activities. The draft convention lays down detailed rules on how this public participation procedure should be carried out and which information should be made available to the public. An important principle is that public participation should take place at an early stage, when the options are still open and the public can really make a difference. One area where the convention's provisions will be particularly welcomed by consumer groups, for instance, is decision-making on genetically modified organisms.

The third pillar -- access to justice -- elevates, in the view of some experts, the convention above the usual kind of agreement among States. By referring to justice, the new convention binds the Parties to the idea that there are overriding general principles of law and basic rights that need to be reflected in the convention and taken into account in its application. Recognizing the right of the public to appeal to higher authorities and the independent courts ensures that the provisions of the convention are implemented evenly, thoroughly and fairly. The provisions in the draft convention oblige all Parties to establish, if they have not already done so, judicial or administrative proceedings which provide adequate and effective remedies and are fair, equitable, timely and not prohibitively expensive. This is a big step forward. Special attention should be drawn to the fact that the review procedure covers not only the rights laid down in the convention. It also requires the Parties to ensure that the public under some conditions "has access to administrative and judicial procedures to challenge acts and omissions by private persons and public authorities which contravene provisions of its national law relating to the environment."