Magda Tóth Nagy Public Participation Program Successes, Failures and Lessons Learned: Implementation of the Aarhus Convention in South and Eastern Europe Magda Tóth Nagy Public Participation Program Alma Aty, MoP-2, May 27, 2005

Content Introduction Achievements in SEE Successes, problems, remaining challenges Lessons learned

The Aarhus Convention: An instrument for major breakthrough in citizens’ rights Ratified by Albania, Bulgaria, FYR Macedonia, Romania Signed by Croatia and BIH In process of accession: Serbia and Montenegro Special situation: Kosovo (UNMIK) Process reinforced by EU, ratification and new directives and accession efforts

Achievements in SEE Complex and strategic approach: Assessment of status, needs and priorities Developing strategies and action plans Combination of technical assistance and different capacity building methods Regional, national and local activities Building synergies with other processes (EU accession) Integrating Aarhus Convention provisions in different sectors (e.g.: environment and water, waste, energy, etc.)

Successes, Problems and Remaining Challenges in SEE All countries made substantial progress Legislative framework for pillars AI and PP mostly in place but for third pillar incomplete in some countries EU candidate countries: only small gaps in legislation SEE: General laws are there but implementing regulations procedures, mechanisms are missing

Successes, Problems and Remaining Challenges: Access to Environmental Information Institutional/practical mechanisms EU candidate countries: in place but need further improvements In other SEE countries often missing Good examples: Bulgaria, Romania, Macedonia Detailed procedures for providing access and active dissemination missing in many countries Conflict between horizontal and special laws No common requirements/ guidance on interpretation of confidentiality Limited technical, human and financial resources

Successes, Problems and Remaining Challenges: PP in Environmental Decision-making Article 6-7 Increased interest of public to participate in PP in EIA in big investments In drafting legislation and development of plans at regional and local level Good examples: LEAPs Detailed procedures and guidance missing in SEE while in candidate countries implementing practice needs to be improved Difficulties in implementing some of Art. 6 requirements in practice Differing practices across agencies and sectors

Successes, Problems and Remaining Challenges: Access to Justice Candidate countries: many partly successful cases in Bulgaria Few or no appeal and court cases in SEE countries Reform of judicial system underway in SEE Financial and other barriers Injunctive relief not used Judges and prosecutors do not know and apply Aarhus Convention

Successes, Problems and Remaining Challenges Looking beyond short term interests Implementation of AI and PP pillars at the local level by municipalities and other authorities remains a challenge

Lessons Learned Long term strategic approach provides stable framework for more efficient, systematic and focused implementation Need for continuous commitment and initiatives by the countries regardless of funding Structures to support integrated and participatory approach in implementation (inter-governmental working groups, civil society involvement)

Lessons learned Focus more on involvement of and targeting other ministries and agencies More efforts to address the local community level projects Matching regional experience sharing and country specific approach: networking, joint capacity building Tools to support capacity building for officials, NGOs, judiciary and other stakeholders Flexible framework for projects