Ensuring Public Participation
The public’s right to participate in environmental decision-making is a core principle of international environmental law. The Paris Agreement and Sustainable Development Goals build off of Principle 10 of the 1992 Rio Declaration in recognizing that combating climate change and promoting sustainable development require effective engagement of all actors of society. Public participation and access to information at all stages of decision-making better informs the design of policies and actions, reduces risks of disputes, and increases public support.
Key International Instruments:
Rio Declaration Principle 10: In 1992, countries adopted the Rio Declaration at the Earth Summit in Brazil. Principle 10 lays out a core principle of international environmental law, the public’s right to participate in environmental decision-making. It recognizes access to information, access to participation in decision-making, and access to justice as the three key procedural rights for matters related to the environment and development.
Chapters 23-31 of Agenda 21: At the 1992 Earth Summit, the UN also adopted an action plan on sustainable development, Agenda 21. In Chapters 23-31, it noted that to achieve sustainable development all social groups needed to be engaged with and to participate in decision-making. To do so Chapters 23-31 sought to lay out ways to strengthen the role of key social groups and to guarantee that the voices of major groups could be heard in policy-making related to the environment including women, youth, indigenous peoples, non-governmental organizations, local governments, workers and trade unions, business and industry, the scientific and technological community, and farmers.
Agenda 2030, Sustainable Development Goal 16: SDG16 promotes “inclusive societies for sustainable development” as well as access to justice and accountable and inclusive institutions. As such included in its targets is ensuring inclusive and participatory decision-making (16.7). It also calls for the development of “effective, accountable and transparent institutions” (16.6). Like Principle 10 its targets also focus on access to information and access to justice as well.
UNEP Bali Guidelines on Principle 10: In 2010, governments adopted the Guidelines for the Development of National Legislation on Access to Information, Public Participation and Access to Justice in Environmental Matters at the 11th Special Session of UNEP’s Governing Council/Global Ministerial Environmental Forum. These Bali Guidelines are designed to accelerate action in implementing the access rights embodied in Principle 10 in countries around the world.
Regional Frameworks
UNECE Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus Convention): Adopted in 1998 and building on the concept of environmental democracy in the Rio Declaration, the European governments signed the Aarhus Convention to promote good environmental governance across the continent. It was signed to not only promote these values, but also make them into enforceable rights with the establishment of an independent review mechanism to evaluate complaints. Since the adoption of the Convention, its parties have adopted by consensus additional guidelines detailing minimum standards for the full and effective implementation of some of its core provisions including:
- The Maastricht Recommendations on Promoting Effective Public Participation in Decision-making in Environmental Matters
- The Almaty Guidelines on the Promotion of the Aarhus Principles in International Forums
Escazu Convention on Access to Information, Participation and Justice in Environmental Matters in Latin America and the Caribbean: In March 2018, ECLAC (or CEPLA) adopted a regional instrument on Principle 10 (access to information, participation, and justice in environmental matters) in the Latin America and Caribbean region. The Regional Agreement will open for signature on September 27, 2018.