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Pdf to Review the Signed Agreement and the Signatories Environmental Governance in Asia: Independence Assessments of National Implementation of Rio Declaration’s Principle 10 Environmental Governance in Asia: Independent Assessments of National Implementation of Rio Declaration’s Principle 10 Editors: Somrudee Nicro, Richard Freind and Suphasuk Pradubsuk Bangladesh India Indonesia Nepal Philippines Sri Lanka Thailand Vietnam Yunnan province of China A publication of Thailand Environment Institute Executive Summary ii i Environmental Governance in Asia: Independence Assessments of National Implementation of Rio Declaration’s Principle 10 Environmental Governance in Asia: Independent Assessments of National Implementation of Rio Declaration’s Principle 10 CContents ISBN 978-974-8479-64-4 Citation Somrudee Nicro, Richard Friend and Suphasuk Pradubsuk, eds., 2011. Foreword ...................................................................................................................... i Environmental Governance in Asia: Independent Assessments Executive Summary ..................................................................................................... iii of National Implementation of Rio Declaration’s Principle 10, Nonthaburi: Thailand Environment Institute. 209 pp. 1. Background .............................................................................................................. 1 Editor-in-Chief Somrudee Nicro 2. Regional Overview .................................................................................................. 7 Editorial Team Richard Friend, Suphasuk Pradubsuk, Nathan Badenoch and 3. Synthesis: Documenting Progress in Promoting Access ...................................... 39 Patcharapol Limpiyawon 4. Country Reports ...................................................................................................... 59 Authors Anandala Nanayakkara Prayekti Murharjanti Bangladesh .............................................................................................................. 60 He Jun Ram Charitra Sah India ........................................................................................................................ 74 Henri Subagiyo Ramon Fernan III Hu Xinping Ritwick Dutta Indonesia ................................................................................................................. 84 Imelda Perez Ruana Rajepakse Nepal ....................................................................................................................... 98 Irvan Pulungan Somrudee Nicro Jose Florante M. Pamfilo Sonali de Silva Philippines .............................................................................................................. 110 Loraine G. Gatlabayan Suphasuk Pradubsuk Sri Lanka ................................................................................................................. 122 Mihiri Gunewardena Syeda Rizwana Hasan Thailand .................................................................................................................. 134 Nguyen Hoang Yen Yang Hai Nguyen Ngoc Sinh Vietnam ................................................................................................................... 152 Yunnan province of China ...................................................................................... 168 Published by Thailand Environment Institute (TEI) 16/151 Bond Street, Muang Thong Thani, Pakkred, 5. Conclusion and Recommendations ....................................................................... 179 Nonthaburi 11120, Thailand Tel: (662) 503 3333; Fax: (662) 504 4826-8 Contributors ................................................................................................................ 189 E-mail: [email protected] Website: www.tei.or.th About the Authors ................................................................................................... 192 TAI Asia Coalition: Partner Information ................................................................ 196 Supported by Swedish Environmental Secretariat for Asia (SENSA) Annex: Summary of International Commitments to Access Rights........................ 207 Copyright © 2011 Thailand Environment Institute. All rights reserved. Cover design by Vorawan Chaipaitoon Layout by Patarodom Daokrajang Printed by Sor Charoen Printing, Bangkok Executive Summary ii iii Environmental Governance in Asia: Independence Assessments of National Implementation of Rio Declaration’s Principle 10 F oreword he Access Initiative (TAI)1 coalition’s first TAI Asia Report is a unique collection of collaborative work set on the continent of greatest diversity in cultural, geo-political and Tsocioeconomic underpinnings. Jointly authored by TAI coalitions in Bangladesh, India, Indonesia, Nepal, the Philippines, Sri Lanka, Thailand, Vietnam and Yunnan Province of China, this report explores issues relating to ‘access rights’ – (a) access to environmental information, (b) public participation in environmental decision making and (c) access to justice in environmental matters – which are components of Principle 10 of the 1992 Rio Declaration as well as pillars of environmental governance from the rights-based perspective. The rights-based approach advocates governance from bottom up, through empowering people and respecting their rights. This collection of studies begins with introduction to TAI and TAI research methodology, followed by a scene-setting overview of the Asia region. The synthesis chapter, then, provides an insight into generality and diversity of access rights in different economic, social and environmental contexts throughout Asia. In country reports chapter, access rights in the nine Asian countries through the lens of over 160 case studies are examined in a critical fashion: ideal frameworks versus existing legal structures, constitutions vis-à-vis organic laws, prescribed laws and regulations against efforts to put them into practice, as well as attempts to strengthen access rights as opposed to effectiveness of the performance on both capacity building and policy implementation aspects. Finally, with findings on access rights and capacity of key players and stakeholders uncovered, policy recommendations to reinforce access rights are crafted and presented in the conclusion chapter. The authors hope that as a consequence of this publication, environmental governance in Asia would be better understood by both general public and policy makers. We also hope that this report would aid different sectors to work together to bring about positive policy change (e.g. legal reforms), cultural change (e.g. the culture of secrecy re-examined) and behavioural change (e.g. the extent to which access rights are actively exercised by citizens) that not only ameliorate sustainability and environmental democracy in Asia but also inspire rights-based transition elsewhere, where applicable. Thailand Environment Institute, as the lead for the production of this report, would like to express indebtedness to the participating authors and their organisations, whose names can be found in the ‘Contributors’ section. We would also like to convey gratitude to all parties involved in the studies, from each and every interviewee who supplied firsthand information, to experts and advisory panels whose opinions help shape the structure of and add invaluable insights to each national report, especially the TAI Core Team. Extra appreciation goes to The Access Initiative Latin America and Environmental Management and Law Association (EMLA), for their leadership in accomplishing the first two TAI regional reports for Latin America and Europe respectively, both of which ignite inspiration in TAI Asia coalition to have our own. Special thanks are due to everyone who respectively edited this report: Richard Friend, Suphasuk Pradubsuk, Nathan Badenoch and Patcharapol Limpiyawon. Executive Summary 1 The Access Initiative’s website is www.accessinitiative.org. iv i Environmental Governance in Asia: Independence Assessments of National Implementation of Rio Declaration’s Principle 10 xecutive Summary Last but not least, we are particularly grateful to Swedish Environmental Secretariat for Asia E (SENSA) for their continual support for promoting the implementation of Principle 10 and for supporting our efforts to enhance capacity of TAI partners (CSOs) in Asia. SENSA’s support on Principle 10 does not only make TAI studies in a number of countries and the production of this Introduction publication possible, but also contribute to the strengthening of access rights in the region of developmental and environmental significance. he Access Initiative (TAI) was formed in 1999 as a coalition of civil society groups across the world working together to promote national-level implementation of the access rights-commitments to access to information, public participation and access to justice. Somrudee Nicro, Ph.D. T As of 2010 the TAI includes 150 civil society organisations from over 50 countries around the Senior Director, Thailand Environment Institute and world. TAI core team member for Southeast and East Asia TAI was created within the context of the Rio Declaration of 1992, where 178 governments from around the world committed themselves to Principle 10 and the three access principles: access to information, access to public participation in government decision-making, and access to justice. This commitment to access principles aims at achieving “transparent, equitable and accountable decision making” that constitute the pillars of good
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