Participatory Environmental Governance : Role of Communities in Europe and Asia Jona Razzaque Reader in Law Bristol Law School, UWE, Bristol, UK Bristol Law School

Participatory environmental governance: introduction “Environmental issues are best handled with the participation of all concerned citizens, at the relevant level.” (Principle 10 of Rio Declaration) Components of governance (transparency, accountability, rule of law, efficiency, participation) Components of governance (transparency, accountability, rule of law, efficiency, participation) Participation is a common element Participation is a common element e.g., Asian Development Bank (1995); UN Development Programme (1998); European Union (2001) Linking participatory practices to a region Linking participatory practices to a region Approaches to participatory mechanisms Approaches to participatory mechanisms

Development of participatory environmental governance: influencing factors Europe EIA laws EIA laws Regional body (e.g., European Union) Regional body (e.g., European Union) Regional agreements (e.g., Aarhus Convention) Regional agreements (e.g., Aarhus Convention) Asia External Actors (e.g., World Bank) External Actors (e.g., World Bank) International Civil Society International Civil Society National NGOs National NGOs Common factors: Human rights treaties, environmental soft laws, multilateral environmental agreements, good governance agenda.

Approaches to participatory mechanisms: Right based approach Europe Human rights treaties Human rights treaties Regional agreements (e.g., Aarhus Convention) Regional agreements (e.g., Aarhus Convention) EU laws (e.g., EIA) EU laws (e.g., EIA) National Constitutions National Constitutions National Laws (e.g., EIA Laws, Information laws) National Laws (e.g., EIA Laws, Information laws)Asia Human rights treaties Human rights treaties National Constitutions National Constitutions National laws (e.g., EIA laws, information laws) National laws (e.g., EIA laws, information laws) Interpretation of the judiciary Interpretation of the judiciary

Directive 2008/1/EC (codified version) concerning integrated pollution prevention and control (IPPC Directive) Directive 2008/1/EC (codified version) concerning integrated pollution prevention and control (IPPC Directive) Regulation 1367/2006 on the application of the provisions of the Aarhus Convention to Community institutions and body Regulation 1367/2006 on the application of the provisions of the Aarhus Convention to Community institutions and body Directive 2003/35/EC providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC (Participation Directive) Directive 2003/35/EC providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC (Participation Directive) Directive 2003/4/EC on public access to environmental information and repealing Council Directive 90/313/EEC (Environmental Information Directive) Directive 2003/4/EC on public access to environmental information and repealing Council Directive 90/313/EEC (Environmental Information Directive) Regulation 1049/2001 regarding public access to European Parliament, Council and Commission documents Regulation 1049/2001 regarding public access to European Parliament, Council and Commission documents Directive 2001/42/EC on the Assessment of the Effects of Certain Plans and Programmes on the Environment (SEA Directive) Directive 2001/42/EC on the Assessment of the Effects of Certain Plans and Programmes on the Environment (SEA Directive) Directive 2001/18/EC on the deliberate release into the environment of GMOs (GMO Directive) Directive 2001/18/EC on the deliberate release into the environment of GMOs (GMO Directive) Directive 2000/60/EC establishing a framework for Community action in the field of water policy (Water Directive) Directive 2000/60/EC establishing a framework for Community action in the field of water policy (Water Directive)

Approaches to participatory mechanisms: Bottom up Europe Europe - Member state level and community institution level -White paper on Governance (2001) -Lisbon Treaty EU Directives (e.g., water, EIA, GMOs, SEA) -Public participation to manage shared resources (e.g., EIA Directive, SEA Directive) Asia Asia - Regional documents -National EIA Laws (e.g., consultation, public hearing) -Thematic policy (e.g., water) -Community managed projects (e.g., forestry) -Implementation Plans of MEAs (e.g., NBSAP, NAPA) -Strategic Environmental Assessment - Local agenda 21

Access to courts by the communities Europe Europe -Constitutional right -Formal fora (e.g., judicial review, administrative tribunal) -Standing (National and EU level) -Injunctive relief -Cost order and fees Asia Asia - Constitutional right -Formal fora (e.g., public interest litigation, judicial review) -Standing -Cost order -Legal aid -Compensation -Post decision monitoring Access to courts (affordable? timely? outcome?) Accountability of judges?

Final questions…. Right based approach? Right based approach? Management of shared resources? Management of shared resources? e.g., through EIA, SEA Dissemination of information? Dissemination of information? e.g., accessible and affordable information, information commissioner Strengthening alternative routes to challenge a decision? Strengthening alternative routes to challenge a decision? (e.g., mediation, regulatory body, administrative appeal)