The Århus Convention and the Citizen Ngos in New Member States

The Århus Convention and the Citizen NGOs in new Member States Conference organized by DG Environment on Access to information, Public participation in environmental decision-making and Access to justice in environmental matters Brussels, 5-6 July 2004 Presentation by Marek Maciejowski, Baltic 21 Secretary General Excerpts only 1. Although the topic of this session of the conference is public participation in environmental decision making, in my presentation I will also touch upon an access to information. 2. I will speak about Baltic 21, a regional multistakeholder forum for sustainable development in the Baltic Sea Region, which is a good example of how principles of the Århus Convention can be applied in an international cooperation. In fact, in some respects Baltic 21 is even more advanced in its openness and participatory character as compared to what is stipulated by the convention. 3. Let me first recall in the beginning that the Århus Convention has a national perspective in focus. International dimension is explicitly mentioned only in a few paragraphs. The one that I want to mention at this point is paragraph 7 of Article 3: Article 3 GENERAL PROVISIONS 7. Each Party shall promote the application of the principles of this Convention in international environmental decision-making processes and within the framework of international organizations in matters relating to the environment. 4. However, the convention in fact relates to international environment-related proceedings of the contracting parties. Just let me mention, for example, Article 7 covering Public participation concerning plans, programs and policies relating to the environment. 5. Now, let me briefly introduce to you Baltic 21 – An Agenda 21 for the Baltic Sea Region. [Here a PowerPoint presentation followed, which is available at the Baltic 21 website at: http://www.baltic21.org/?infomaterials,6. During the presentation a number of notes have been made by the speaker, some of which are presented below, under items 5.1 to 5.8] 5.1 During 1997-1998, when we were developing Baltic 21, which is our region’s response to the global commitments made in 1992 in Rio de Janeiro, we seriously kept in mind Paragraph 23.2, Chapter 23, Section III of the Agenda 21, which reads: One of the fundamental prerequisites for the achievement of sustainable development is broad public participation in decision-making. Furthermore, in the more specific context of environment and development, the need for new forms of participation has emerged. This includes the need of individuals, groups and organizations to participate in environmental impact assessment procedures and to know about and participate in decisions, particularly those which potentially affect the communities in which they live and work. Individuals, groups and organizations should have access to information relevant to environment and development held by national authorities, including information on products and activities that have or are likely to have a significant impact on the environment, and information on environmental protection measures. 5.2 Baltic 21 is a unique example of an international network in which many diverse stakeholders / major groups participate on equal footing in decision-making – governments of eleven countries from the Baltic Sea Region, the European Commission, intergovernmental organizations, international financial institutions, international sub-state and city networks, international business networks, international academic network and, last but not least, international environmental non-governmental organisations. The eleven governments involved in Baltic 21 decided to form this unique partnership out of recognition that broad public participation in decision-making is one fundamental prerequisite for the achievement of sustainable development. In case of the Baltic 21 process this includes, but is not limited to, member-stakeholders’ participation in identifying problems, designing and applying solutions (i.e. development and implementation of an action program), and also monitoring and assessing both the implementation of our action program as well as regional progress toward sustainable development, in general. 5.3 Access to information on all types of sustainable development issues and activities, as well as public participation are also important features of Baltic 21. We take pride in being a transparent, open and participatory process. We attach great importance to making not only our members, but also the public at large have full access to all our documentation. Our website includes all relevant information about Baltic 21, including, but not limited to, all reports, meeting documents as well as detailed list of focal points in the member states and member organizations. 5.4 I believe that the example of Baltic 21 can be taken into account when discussing, in the context of the Århus Convention, guidelines for public participation in international forums. 5.5 Many of Baltic 21 reports are, inter alia, addressed to the top political level, i.e. the heads of government, the foreign ministers, environment ministers and sector ministers from our region (cf. periodic reports available at the Baltic 21 website at http://www.baltic21.org/?monitoringsd). The most recent periodic report has been submitted to the Prime Ministers who met at the 5th Baltic Sea States Summit on 21 June 2004 in Laulasmaa, Estonia. This report includes a new Baltic 21 mandate that includes four areas where Baltic 21 will focus its efforts in the future. One of them provides a great opening for an NGO community to influence governments and other stakeholders in the Baltic Sea Region, as it aims to promote the integration of sustainable development into regional policy making. This will be done through reviewing regional trends and policies impacting the sustainability of the region, as well as making recommendations to our governments for regional discussion, joint action, or for further discussion with other bodies whose policies affect the region. 5.6 Again, all what I said about Baltic 21 provides a good example of how principles of the Århus Convention can be applied in an international cooperation. 5.7. However, I have to admit, even though Baltic 21 provides an open and participatory mechanism, its NGO-members are not taking the full benefit of it. The reason is just alike it was emphasized by several previous speakers today with regard to their processes, i.e. limited resources – both human and financial. 5.8 As regards the Århus Convention itself, I would like to take this opportunity and mention that of our members Denmark, Estonia, Latvia, Lithuania, Norway and Poland have signed and ratified it. Finland, Germany, Iceland and Sweden have signed the convention, but not yet ratified. Russia is not a party to the agreement. 6. In conclusion I would like to hint that one could consider broadening the Århus Convention to better include the international dimension. One idea could be to agree to introduce a similar compliance mechanism into all intergovernmental organizations. I am sure this would contribute to further improving work of at least some of them. Looking at an example of Baltic 21, some of the Baltic Sea Region intergovernmental organizations have loosened their previously stringent rules of procedure regarding public access to their documents and meetings, which turned out to be to their own benefit, too. Thank you for your attention. .

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