Some positive moves on environmental transparency are being seen by activists in the text emerging from the RIO+20 conference in Rio de Janeiro, Brazil.
The current text for the “outcome document” contains some language which opens up the door to further implement Principle 10, which deals with access to information, public participation and access to justice, according to those following that issue among the estimated 50,000 attending.
There is text supportive of holding at least regional conventions on principle 10 and of increased use of technology to promote access to information, and ambassador from Chile indicated an interest in holding one for Latin America. In addition, greater civil society participation within international processes would be encouraged, according to those following developments on Principal 10.
The positive appear to outweigh the negatives, according to blog posts by Lalanath de Silva, Director of the Access Initiative of the World Resources Institute, and David Banisar, Senior Legal Counsel of Article 19.
The blog post by de Silva says the language “keeps the flames of hope on this issue alive.”
The text will be presented to heads of state and other high level officials for adoption when they meet from June 20-22 in Rio de Janeiro.
Flames Alive
De Silva explains that Principal 10, better known as the environmental democracy principle, “has spawned laws providing access to environmental information in over 100 countries, public participation provisions in over 120 countries and environmental courts and tribunals in over 44 countries.”
However, he continues, “Despite this progress, major gaps remain, especially in developing countries. Implementation of these laws is weak across the world and blatant violations of participatory procedures are widespread. Often such violations lead to protests and violence by local communities who feel marginalized by the lack of information, consultation and accountability of government decision-making that affects them.
The Rio+20 text “provides some interesting hooks for moving forward on the enhanced implementation of Principle 10,” he writes. “In particular clause 88(h) which seeks to strengthen UNEP reads as follows: “Ensure the active participation of all relevant stakeholders drawing on best practices and models from relevant multilateral institutions and exploring new mechanisms to promote transparency and effective engagement of civil society.”
The term “ensure” gives UNEP “a strong mandate to take steps to improve the implementation of Principle 10,” according to De Silva who adds, “ `New mechanisms’ could well include a global convention on Principle 10.” He goes on to note some of the implementation challenges, including funding and support for developing countries.
Regarding the potential for regional conferences on Principal 10, De Silva noted Ambassador Jose Luis Balmaceda of Chile made a public announcement at a well-attended event in Rio, getting prolonged and appreciative applause, “when he pledged that Chile together with several other Latin American countries would take the lead in exploring the option of initiating and negotiating a regional convention for Latin America and the Caribbean.”
In addition, de Silva wrote: “Several other clauses in the draft including 10, 15, 43, and 44 expressly refer to access to information, citizen participation and access to justice in environmental matters and pledge to significantly improve implementation of these elements that constitute Principle 10. It is perhaps too early to judge how the approved text will be interpreted and implemented by the UN system. But there is no doubt that it contains rays of hope and space for constructive engagement by governments and civil society on improving the implementation of Principle 10.
Banisar Offers Assessment
A similar assessment is offered by David Banisar of Article 19, who has been chronicling the meetings with amusing and pithy blog posts. The conclusions of his eighth post, entitled “Pros and cons” are:
Short list of progress for us: call for regional and national implementation, more transparency and participation in international process, and more power to UNEP to perhaps do an international convention in the future. Also recogntion of (some human rights) and anti-corruption. Also some transparency in SDGs (my next crusade I guess), in aid and in mining amoung other things.
On the negative side, it doesn´t really commit nations to do much. As my friend Halina said ´´it does just enough to ensure that we have another summit on this in the future´´. Rio + 40! Yahoo!!
Very positively, Chile announced yesterday at our event that they wanted to start work on a regional convention on Principle 10, one of the calls in the document and something that we support, although we would rather see a global convention.
Now that the discussions on the Outcome Document are over, the talk has shifted to whether there will be a high level declaration to make it sound like they actually did something tangible to save the world. The guess is that will focus on SDGs. We’ll be trying to get something in it about it being based on open, transparent and participatory and human rights. But its´ even more opaque than the negotiations on the Outcome Document.
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