Aarhus Convention.pptx

AARHUS CONVENTION, 1998 Convention on Access to Information, Public Participation in DecisionMaking and Access to Justice in Environmental Matters

About the Convention • Adopted- 25 June 1998 at Aarhus (Denmark) • Part of the “Environment for Europe” process • Establishes rights of individuals, associations w.r.t environment • Parties to the Convention required to implement (through public authorities) at local, regional or national level • Mentions and enshrines Principle 10 of the Rio Declaration and Principle 1 of the Stockholm Declaration • Access to Environmental Information (Arts. 4, 5) • Public Participation in environmental decision-making (Art. 6-8) • Access to justice (Art. 9)

Access to Environmental Information (Arts. 4-5) • Who holds the information? • Public authorities

• Who can request for the information?

• Public • Reason need not be provided • Need not be a citizen/resident of the country

• Time frame?

• One month (general rule)

• Refusal of request in exceptional cases

• Public security • Affect course of justice • Confidentiality of information protected by law

• Information that must be disseminated even without request

• Air pollution/Water quality/Threat to human health or environment etc.

Public Participation in environmental decision-making (Arts. 6-8) • Promotion of early and effective public participation • Permission for certain types of activities/projects that affect people • Preparation of plans/policies etc. • 7-step model

7-step model on public participation (Refer Aarhus Brochure)

Notice

Early public participationsufficient time for participation

Free and quick access to all information

Opportunity to be heard

Due account to be taken by Public authority

Prompt information about final decision+ reasons+ considerations

Repetition of process in case of reconsideration

Access to Justice (Art. 9) • What kind of justice? • Judicial or Administrative review

• How should the procedure be? • Fair, speedy, equitable, inexpensive

• What can be challenged? • Refusal/inadequate response to the request • Legality of a govt. action or omission pertaining to any activity • Actions or omissions by private persons that infringe domestic environmental law

Transparency of the Aarhus Convention • Seen in compliance procedure • Compliance Committee • Est. 2002 • Provides interface between the general public and the Parties through which important compliance-related issues can be addressed • Purpose(s)- fulfilment of the Convention’s obligations and evolution of legal/admin. Machinery in countries to uphold environmental rights

• Mechanism (either of the following ways) • • • •

Party makes a submission about another Party Party makes a submission about its own compliance Referral by the Aarhus Secretariat to the Compliance Committee Private person can make submission regarding a Party

Amendment/Protocol(s) 1. 2002- Lucca guidelines on GMOs • 2005- Amendment relating to GMOs (Genetically modified organisms); Recognised the need to cooperate with Cartagena Protocol on Biosafety to the CBD (Convention on Biological Diversity) 2. 2009- Kyiv Protocol on Pollutant Release and Transfer Registers (PRTR) • Objective - "to enhance public access to information through the establishment of coherent, nationwide pollutant release and transfer registers (PRTRs)“ • Origin- in Pr. 10, Rio Dec. and Agenda 21 (Chapter 19) • “All UN Member States can join the Protocol, including those which have not ratified the Aarhus Convention and those which are not members of the United Nations Economic Commission for Europe. It is by design an 'open' global treaty.” (https://www.unece.org/env/pp/prtr.html)