ENVIRONMENTAL RIGHTS NOT A LUXURY
Aarhus Convention enters into force
Geneva, 29 October 2001
A new international law, described by United Nations
Secretary-General Kofi Annan as ‘the most ambitious venture in
environmental democracy undertaken under the auspices of the United Nations’,
will enter into force tomorrow, 30 October 2001.
The UNECE Convention on Access to Information, Public
Participation in Decision-making and Access to Justice in Environmental
Matters – known as the Aarhus Convention after the Danish city where it was
adopted in June 1998 – seeks to strengthen the role of members of the public
and environmental organizations in protecting and improving the environment
for the benefit of future generations. Through its recognition of citizens’
environmental rights to information, participation and justice, it aims to
promote greater accountability and transparency in environmental matters.
While the Convention is an instrument to protect the
environment, it may also be seen as an instrument promoting democracy.
Specifically, it aims to:
-
Allow members of the public greater access to
environmental information held by public authorities, thereby increasing
the transparency and accountability of government;
-
Provide an opportunity for people to express their
opinions and concerns on environmental matters and ensure that decision
makers take due account of these;
-
Provide the public with access to review procedures
when their rights to information and participation have been breached,
and in some cases to challenge more general violations of environmental
law.
In practical terms, this means, for instance, that local
residents must be given a say in new road schemes or in the siting of
household-waste incinerators. Members of the public also have a right to know
what state their environment is in and, in some circumstances, to sue
governments or polluters that attempt to cover up environmental disasters.
To date, the Convention has been ratified by seventeen
countries: Albania, Armenia, Azerbaijan, Belarus, Denmark, Estonia, Georgia,
Hungary, Italy, Kazakhstan, Kyrgyzstan, the Republic of Moldova, Romania,
Tajikistan, the former Yugoslav Republic of Macedonia, Turkmenistan and
Ukraine. Welcoming the high level of support shown for the Convention by the
eastern European and Central Asian countries, the Director of the UNECE
Environment Division, Kaj Bärlund, expressed the conviction that several
western countries would ratify the Convention before the first meeting of the
Parties, provisionally scheduled for autumn 2002: "Despite the fact that
western countries have generally been slower to ratify the Convention than
their eastern counterparts, it is clear from their warm messages of support
that they are working hard on their national legislation to be able to ratify
the Convention. The delay is, however, an indication that the Convention is
sufficiently progressive to prompt important improvements even in some of the
most well-established western democracies. The eastern countries may have a
different legal tradition, but the early ratification by many of these
countries is a sign of change. It shows that they have opened the door to a
new culture of democracy and transparency."
Just as pollution ignores national boundaries, so, to a
large extent, does the Aarhus Convention. The rights conferred on the public
are to be applied without discrimination as to citizenship, nationality or
domicile. And although the Convention is regional in scope, it is in fact open
to accession by countries from throughout the world.
The entry into force will be marked by a launching ceremony
at UNECE headquarters in the Palais des Nations, Geneva, hosted by ECE
Executive Secretary Danuta Hübner. The Environment Ministers from Croatia and
Ukraine will be present and many other Ministers have sent supportive
messages, as have some NGOs. A selection of extracts from these is included in
the annex ‘What People are Saying about the Aarhus Convention’.
For more information, please contact:
Jeremy WATES
Secretary to the Aarhus Convention
UNECE Environment and Human Settlements Division
Palais des Nations, office 332
CH - 1211 Geneva 10, Switzerland
Phone: (+41 22) 917 23 84
Fax: (+41 22) 907 01 07 or 917 06 34
E-mail: [email protected]
Note: A video news release prepared by the Television
Trust for the Environment (TVE) will be available from the UNECE secretariat
and from TVE (call Ken Pugh on +44 1227 272446 or TVE on +44 20 7586 5526).
A public information brochure on the Aarhus Convention is available in
English (ALL involved for a better environment) and French (TOUS
pour un environnement meilleur) from the UNECE secretariat. It is also
posted on the Convention’s web site:
http://www.unece.org/env/pp
WHAT PEOPLE ARE SAYING ABOUT THE AARHUS CONVENTION
The following are extracts from statements made by representatives of
various governments, intergovernmental and non-governmental organizations.
Full copies of the statements are available in a compendium from the
secretariat or can be found on the Convention web site at www.unece.org/env/pp
from 30 October 2001.
***********
"The Aarhus Convention is the most ambitious venture in environmental
democracy undertaken under the auspices of the United Nations. Its adoption
was a remarkable step forward in the development of international law. … The
firm commitment to [the Convention’s] principles of … States in Eastern
Europe and Central Asia … clearly demonstrates that environmental rights are
not a luxury reserved for rich countries... We must use next year's World
Summit on Sustainable Development to strengthen our commitment to
environmental rights - not only in Europe but throughout the world."
Kofi Annan, Secretary-General, United Nations
"I wish to congratulate the Economic Commission for Europe for the
entry into force to-day of the Aarhus Convention, the first legally binding
instrument for access to information, public participation in decision-making
and justice in environmental matters. Such an achievement is of global
significance… Today is an important landmark for the environment. The
Convention gives us a golden opportunity to pursue our environmental
endeavours from the right approach."
Klaus Töpfer, Executive Director,
United Nations Environment Programme
"As European Environment Commissioner, I .. intend to ensure that the
principles of the Aarhus Convention are applied, in their words and in their
spirit, in the daily practice within the Community. This will take time and
will require a change in behaviour of many citizens and administrations, local
authorities and environmental organizations. However, if our European society
is an open society and wishes to remain one, we need to make the Aarhus
principles part of our daily environmental policy."
Margot Wallström, European Commissioner
for the Environment, European Commission
"The Aarhus Convention …is the inspiration for the further
development of the democratic process in the countries with economies in
transition." [unofficial translation]
Vardan Aivazyan, Minister of the Environment,
Republic of Armenia
"The entry into force of the Aarhus Convention is a historical
landmark and an unprecedented example of the international community’s
successful quest towards more effective protection of the environment … May
I congratulate those few but brave who had the vision and courage to launch
and make this unique piece of international environmental legislation
operative."
Bozo Kovacevic, Minister of Environmental Protection
and Physical Planning, Croatia
"I would like to express my deep appreciation for the efforts that
have culminated in the entering into force of the Aarhus Convention … it is
the first time that environment is so closely linked to human rights."
Costas Themistocleous, Minister of Agriculture,
Natural Resources and Environment, Cyprus
"The Aarhus Convention .. opens the door to a new model of
partnership, a new style of communication among all parts of civic society in
our countries…[It] has served in our country as a great stimulation to have
our environmental legislation even more democratic."
Milos Kuzvart, Minister of the Environment, Czech Republic
"Denmark finds the need for a global framework for strengthening
citizens’ environmental rights more important than ever in our search for
sustainable development."
Svend Auken, Minister of Environment
and Energy, Denmark
"The date of the entry into force of the Aarhus Convention marks a
special day in the development of international environmental law… The
provisions on access to information, public participation and access to
justice will further the legitimacy and transparency of environmental
decision-making in the ECE region."
Satu Hassi, Minister of the Environment, Finland
"With the entry into force of the Aarhus Convention, the UNECE set new
standards for the transparency of administrative decisions and public
participation in the field of environmental protection. …This Convention
ensures that citizens can make more effective use of their democratic rights
of participation in the field of environmental protection."
Jürgen Trittin, Federal Minister for the Environment,
Nature Conservation and Nuclear Safety, Germany
"At the birth of the Convention, a lot of you may have agreed with us
thinking that the economically, socially and politically most developed
European countries would be the first ones to ratify it. But it is not the
case. Several countries from among the 16 ones to ratify it first are just
about to rebuild their economic and political systems. I am convinced that the
Aarhus Convention provides a lot of support for them from a political and
economic point of view."
Dr. Béla Turi-Kovács, Minister of the Environment, Hungary
"The coming into force of the Aarhus Convention demonstrates the
commitment of the international community to involving people in decisions
that affect their daily lives. I congratulate the UNECE on reaching this
significant milestone."
Noel Dempsey TD, Minister of the Environment, Ireland
"The Aarhus Convention is the world’s most progressive instrument
promoting the rights of people to play an active part in the creation of a
more environmentally sustainable society. Italy will continue to promote the
Convention as a leading model … in the preparations for the World Summit on
Sustainable Development that will take place in Johannesburg, South Africa,
September 2002."
Altero Matteoli, Minister of the Environment, Italy
"Sustainable development is impossible without ensuring personal
freedom and the right to have access to reliable environmental information.
Therefore, we can regard the signing and ratification of the Aarhus Convention
by European and NIS countries, and its entry into force, as the
acknowledgement of their adherence and commitment to the principles of
democracy and publicity."
Andar Shukputov, Minister of Natural Resources
and Environmental Protection, Kazakhstan
"Lithuania ... considers the Convention the most far-reaching
instrument promoting democracy, strengthening citizens’ environmental rights
and improving co-operation between members of the public and governmental
institutions. Furthermore, the Convention opens up new possibilities to all
people who feel responsible for and want to take an active part in the
protection of environment."
Arunas Kundrotas, Minister of the Environment, Lithuania
"I hope that the Convention will serve as an inspiration, even beyond
Europe and in other domains than the environment. We are working hard for its
ratification, and until it is ratified, we will conduct ourselves as if it
were already in force."
Jan Pronk, Minister of Housing and Spatial Planning,
The Netherlands
"The Aarhus Convention constitutes a major achievement in
international environmental law. It represents a re-orientation of this field
of law in the sense that it focuses on the role of individuals and NGOs, and
the contribution they can make in our common effort to achieve sustainable
development. Moreover, the Aarhus Convention confirms the important link that
exists between protection of human rights and protection of the
environment."
Børge Brende, Minister of the Environment, Norway
"I would like to congratulate the Secretariat of the Aarhus Convention
and all contracting Parties with entering into force of the Convention on
Access to Information, Public Participation in Decision-making and Access to
Justice in Environmental Matters. Moldova was the first country that has
ratified this convention and we are proud that other countries followed our
example."
Nicolae Stratan, Deputy Minister for Ecology, Construction
and Territorial Development, Republic of Moldova
"I appreciate the UN/ECE special support for the promotion of the
Convention principles and I would like to express my confidence for an
intensified sustainable development of the environmental factors, for a
favourable framework of free access to information and for a real partnership
in order to conserve this common inestimable heritage."
Aurel Constantin ILIE, Minister of Waters and
Environmental Protection, Romania
"The Aarhus Convention marks a significant shift towards an
environmentally responsible society… The Slovak Republic is confident that
by implementing the Aarhus Convention, Europe has again confirmed the values
of democracy and human rights and gives hope of sustainable development for
the whole world."
Prof. Laszló Miklós, Minister of the Environment, Slovak
Republic
"Time and implementation experience will show the pioneering
far-sighted dimension of this Convention ... I am aware that a lot of efforts
in awareness-raising of different target groups will be needed to actually
live the spirit of the Aarhus Convention… I hope that Slovenia will join the
Aarhus Club very soon."
Janez Kopac, Minister of the Environment
and Spatial Planning, Slovenia
"The entry into force of the Convention … will help to co-ordinate
the efforts of many countries in our geographical region to improve
environmental policy and action. The Spanish Government expects to ratify the
Aarhus Convention during the second half of 2002." [unofficial
translation]
D. Jaume Matas i Palou, Minister of the Environment, Spain
"The Aarhus Convention, which is the result of ambitious efforts for a
long period of time, is a historical step. The Convention gives hope for the
future when it comes to involving the citizens in environmental matters… I
am convinced that future generations will remember what happened on 30 October
2001!"
Kjell Larsson, Minister of the Environment, Sweden
"The day that the Aarhus Convention enters into force is a great day
for the environment. But it is also a great day for democracy – not just
representative democracy, but a new and more participatory form of democracy
in which the crucial role of many social actors is recognized."
Serhii Kurykin, Minister of the Environment, Ukraine
"It is clear that the Convention is an important instrument which does
as much for human rights as it does for creating a framework for achieving
sustainable development. It deserves our strong support. … The real
challenge though is to avoid a gap between the words of the Convention and the
day-to-day practice on the ground. To provide insurance against this, I
believe that we need an effective compliance mechanism for the
Convention."
Michael Meacher, Minister of State for the Environment,
United Kingdom
".. the Convention stimulates a great interest for state and public
organizations of the Republic of Uzbekistan… Congratulations to the Parties
to the Convention and to the public with the new perspectives for the
environmental protection." [unofficial translation]
Halilulla Sherimbetov, Chairman, State Committee
for Environment, Uzbekistan
"I am glad that Aarhus Convention is entering into force. Although FR
Yugoslavia did not sign Convention and has not acceded to it, the new
environmental policy of Serbia is starting to integrate Aarhus
"thinking" in the agenda for building up a new legal system for
environmental and natural resources protection… We expect that the minimum
standards introduced by the Aarhus Convention will be accepted in region in
general."
Andjelka Mihajlov, Director General for Environmental
Protection,
Ministry for Health and Environmental Protection of Serbia,
Federal Republic of Yugoslavia
"…this is a major step towards decision-making and relevant action
for sustainable development… I wish you a successful celebration ceremony
and mainly an efficient implementation thereafter for such an important tool
for sustainable development"
Arab Hoballah, Deputy Coordinator,
UNEP/Mediterranean Action Plan, Athens
"The Convention has created an indelible link between human rights and
the right to environmentally related information, public participation and
access to justice. This makes it the first multilateral environmental
agreement to impose obligations on its Parties vis-à-vis their own
citizens, which gives it even greater significance."
The World Conservation Union – IUCN
"The adoption of the Convention … was a historical achievement
demonstrating the high priority the countries of the UN ECE region give to
promotion of transparency and participatory approach to environmental
decision-making. The very short time within which the Convention enters into
force indicates the historic importance of its content and the novelty of the
principles embedded in it.
Regional Environmental Center for Central and Eastern Europe
(REC)
".. the Aarhus Convention is a vital statement of environmental
democracy and human rights, .. it points the way towards government that is
more open, participatory, and accountable to all citizens and to
decision-making that is more fair, legitimate, and sustainable… Now, as it
enters force, the Convention has shifted the debate from whether we
should guarantee these rights of access to information, public participation,
and justice in environmental decision-making to how we should make
these rights available to all, and has suggested a way for us to implement
these rights.
Access Initiative core group: World Resources Institute
(USA),
Thailand Environment Institute (Thailand), Environmental Management
and Law Association (Hungary) and Corporación Participa (Chile)
"Members of IHEAL – the environment and health information and
communication technologies network created in support of implementation of the
Aarhus Convention – join in congratulating the UN ECE Secretariat on their
tremendous achievement."
Interactive Health Ecology Access Links (IHEAL)
"Congratulations on this important day - both to the UNECE and its
staff, and to all those countries which have ratified or acceded to the
Convention! This is a great boost for everyone working for citizens’
environmental rights, including NGOs. We are delighted that seventeen
countries are now Parties. Let’s celebrate again when ALL countries in the
UNECE region have joined the Aarhus Club!"
Mary Taylor, Public Participation Coordinator, European ECO
Forum
"I want to send you my congratulations on this historical step. We in
the International Society of Doctors for the Environment live mostly in the
medical community where the tradition of secrecy is still too important. We
will strive to contribute to more transparency also from the health sector.
Gaudenz Silberschmidt, Executive Director,
International Society of Doctors for the Environment
"... the most unconventional convention …"
Nickolai Denisov, Programme Manager, UNEP/GRID-Arendal,
Norway
Ref: ECE/ENV/01/15