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Environmental Pact a tool for Democracy
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The nations of the United Nations Economic Commission for Europe have ratified a "Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters." This "Aarhus Convention" has been eleven years in the making. The 55 UNECE members consist of the United States, Canada, the Common Market nations, and the former Soviet Republics. The North Americans didn't participate, so this effectively means that the Convention will be the law from Iceland to the Caspian Sea. The Convention requires that the public have access to information in government files relating to the environment. It also requires public participation on environmental issues, at the earliest possible stage in the decision making process. It allows citizens or NGO's to compel government agencies or some private firms to disclose their environmental information. Finally it requires such agencies to take public concerns into account. According to the UNECE, the underlying ideas are to reconcile human rights and environmental rights. It establishes that sustainable development can be achieved only through the involvement of all stakeholders. It links government accountability and environmental protection. It is difficult for Americans to appreciate the impact this has on the newly ascending nations. Citizens of Tajikistan, who have lived under Soviet or dictatorial rule for generations, can now demand that corporate officers or government agencies explain what they are dumping in the local river. Not only can the citizens now ask, the official has to answer. I remember the mutual shock everyone went through the first time we did this in Hungary when I was an NGO there. Secretary to the Convention, Jeremy Wates, noted the particular importance of the Convention to the countries with economies in transition: "The Convention is not only a powerful weapon in the struggle to protect the environment but also a tool for democracy. Especially in countries which have recently introduced democratic systems, it is of crucial importance to establish principles of transparency, accountability and involvement of civil society to ensure stability and security." Roger Thomas The author represented the Conference of Consumer Organizations and CEEWEB at the 1995 Environmental Ministers Conference in Sofia. He helped develop the Aarhus Convention from that Conference.
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NEW POLLUTION INFORMATION DISCLOSURE
Beaver County Times
March 30, 2003
Two years ago I told of how 40 nations, the European Community, and 23 international organizations signed the "Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters" (Aarhus Convention). Next month some 30 nations will sign a "Protocol" which implements the Convention. This is a flagship Convention for environmental democracy.
Under the Protocol, polluters will report on pollutants they either release into the environment, or transfer to another facility. Their annual reports will be filed in a "pollutant release and transfer register" (PRTR), and will be open to the public.
Under the PRTR:
The register covers 86 pollutants which are most dangerous to the environment or health. These include greenhouse gases, acid rain pollutants, heavy metals, and carcinogens.
Reporting will be required for a wide range of activities; refineries, power stations, chemical and mining industries, waste incinerators, wood and paper production and processing, and intensive agriculture and aquaculture.
While the Protocol focuses on major pollution sources, it also includes incidental sources such as traffic, agriculture and smaller businesses.
Information about national defense, public security, or commercial confidentiality could be kept confidential. These exemptions would be interpreted in a restrictive way, with preference toward the public interest.
Information would be registered on a site-specific basis. A citizen would be able to learn about the annual pollution output of a factory in their neighborhood. The data would be Internet accessible.
The Protocol should exert a significant downward pressure on pollution levels. Nobody wants to be listed among the biggest polluters.
The Protocol will be signed at the Fifth Ministerial 'Environment for Europe' Conference, in Kiev, Ukraine, May 21-23, 2003. Although 30 nations are to sign initially, it will be open to others in the future. It will be a new global benchmark in pollution information and control.
I'll keep you posted.
Roger Thomas