Participatory and Procedural Rights in Environmental Matters

Despite the softer form of “promote and facilitate”, rather than “ensure”, public participation, the Stockholm Convention sets out that participation also must include participation, the Stockholm Convention sets out that participation also must include an opportunity for members of the public to address responses concerning persistent organic compounds as well as in considering the implementation of the Convention as such. That is, public participation requires more than only giving members of the public access to information.

Concerned with international trade in chemicals, the Rotterdam Convention prescribes minimum standards for public access to information, but it does not provide for public participation in any decision-making procedure. Equally concerned with international trade, the Cartagena Protocol to the Convention on Biological Diversity (CBD) is nevertheless far more supportive to public participation. The parties to the Protocol shall promote and facilitate public participation and access to information concerning living modified organisms in general. Moreover, they are requested to:

This is slightly similar to the reference to public participation in the Stockholm Convention. The parties are not only requested to endeavour to consult with the public; to comply with the Protocol they must indeed grant opportunities for public participation and consultation.

The participatory elements in the International Atomic Energy Agency (IAEA) conventions are marginal. The parties to the Nuclear Safety Convention shall provide the “population” with appropriate information for emergency planning and response, but there is no express reference to public participation in the planning (as opposed to the European Industrial Accident Convention). The Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management requires preparations of environmental assessments for facilities for spent fuel and radioactive waste, but it does not make any reference to public participation in such procedures. One may, however, consider that, conceptually, an environmental assessment requires public participation in its preparation.