 |
|
TEXT 11. ENVIRONMENTAL RIGHTS: PUBLIC PARTICIPATION
Public participation is emphasized throughout international and national environmental law. Public participation is based on the right of those who may be affected to have a say in the determination of their environmental future. Depending on the jurisdiction, this may include foreign citizens and residents. Non-governmental organizations (NGOs) and groups such as trade unions or manufacturers' associations are an organized means of public participation in environmental decision-making. Like individual members of the public, NGOs may compile data, seek to influence legislation, intervene in decisions on licensing or permitting projects, and monitor compliance with environmental laws. With these roles and because of their greater means, expertise, and organized efforts, NGOs often can more effectively assert public rights of information and participation. The importance of NGOs is reflected in the emphasis on their role in recent treaties such as the Desertification Convention, which speaks in its preamble of "the special role of non-governmental organizations and other major groups in programmes to combat desertification and mitigate the effects of drought."
The 1992 Rio Declaration on Environment and Development, principle 10, recognizes the need for public participation. Agenda 21, the plan of action adopted at the Rio Conference, calls it "one of the fundamental prerequisites for the achievement of sustainable development." Section III identifies major groups whose participation is needed: women, youth, indigenous and local populations, non-governmental organizations, local authorities, workers, business and industry, scientists, and farmers. It calls for public participation in environmental impact assessment procedures and participation in decisions, particularly those that potentially affect the communities in which individuals and identified groups live and work. It encourages governments to create policies that facilitate a direct exchange of information between the government and the public in environmental issues, suggesting the EIA process as a potential mechanism. In fact, most EIA laws have provision for public participation because this facilitates direct public input into decisions on issues of environment and development.
The Climate Change Convention, Art. 41 (i) obliges Parties to promote public awareness and to "encourage the widest participation in this process including that of non-governmental organizations". The Desertification Convention recognizes in Art. 3(a) and (c) that there is a need to associate civil society with the action of the State. This treaty is significant in its participatory approach, involving the integrated commitment of all actors - national governments, scientific institutions, local communities and authorities, and non-governmental organizations, as well as international partners, both bilateral and multilateral. The Biodiversity Convention provides for public participation in environmental impact assessment procedures in Art. 14 (1) (a).
The right to public participation is also widely expressed in human rights instruments. Article 21 of the Universal Declaration of Human Rights affirms the right of everyone to take part in governance of his or her country, as does the American Declaration of the Rights and Duties of Man (Art. 20) and the African Charter (Art. 13). Article 25 of the International Covenant on Civil and Political Rights provides that citizens have the right, without unreasonable restrictions "to take part in the conduct of public affairs, directly or through freely chosen representatives." The American Convention on Human Rights contains identical language in Article 23.