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Environmental democracy,
transparency and global governance:
The Road from Rio to Copenhagen
Michael Stanley-Jones
Environmental Information Management Officer
UNECE Aarhus Convention Secretariat
13th International Anti-Corruption Conference
Workshop 1.4: Governing the Climate Change
Agenda – Making the Case for Transparency
Athens, 30 October 2008
Key landmarks in the climate change and
environmental democracy agenda
The road from
Rio
Kyoto
Aarhus
to
Kiev
Almaty
Bali
Copenhagen
Intergovernmental Agreements
and Mechanisms
Broadly, these range over relevant intergovernmental
Multilateral Agreements
• Rio Declaration on Environment and Development (including
Principle 10)
• Framework Convention on Climate Change (UNFCCC)
• Kyoto Protocol
• Aarhus Convention
• Kiev Protocol on Pollutant Release and Transfer Registers
and selected
Mechanisms and Guidance
• Emissions trading schemes (EU ETS, Kyoto Clean
Development Mechanism)
• Almaty Guidelines on Public Participation in International
Forums
Rio
United Nations Conference on
Environment and Development
(UNCED or Rio Earth Summit, 1992)
Rio
Outcomes
Agreement on the UN Framework Convention on
Climate Change (UNFCCC) . . .
The ultimate objective to achieve
"... stabilization of greenhouse gas concentrations in the
atmosphere at a level that would prevent dangerous
anthropogenic interference with the climate sytem."
leading to the establishment of
national greenhouse gas inventories
negotiated reduction targets
Rio
Rio Declaration
Adoption of the Rio Declaration on
Environmental and Development,
articulated 27 principles to guide development,
including Principle 10 Public Participation, which
states
"Environmental issues are best handled with the
participation of all concerned citizens, at the relevant
level. "
Rio (3)
Principle 10 (cont.)
"At the national level, each individual shall have
appropriate access to information concerning the
environment that is held by public authorities,
including information on hazardous materials and
activities in their communities, and the opportunity to
participate in decision-making processes. States shall
facilitate and encourage public awareness and
participation by making information widely available.
Effective access to judicial and administrative
proceedings, including redress and remedy, shall be
provided."
Principle 10 and Climate Change
Article 6 of the UNFCCC requires its Parties inter alia
to
"Promote and facilitate...(ii) public access to information on
climate change and its effects; (iii) public participation in
addressing climate change and its effects and developing
adequate responses..."
Article 6 was elaborated under the UNFCCC New Delhi work
programme, revised in Dec. 2007 at 13th meeting of the
Conference of the Parties (COP-13), in Bali, Indonesia
Kyoto
• National greenhouse gas inventories provide the
basis for the Kyoto Protocol, adopted by the FCCC
Parties at their third conference in 1997
• The Kyoto Protocol establishes legally binding
commitments for the reduction of six greenhouse
gases (carbon dioxide, methane, nitrous oxide, sulfur
hexafluoride, hydrofluorocarbons, and
perfluorocarbons) produced by "Annex I"
(industrialized) nations, as well as general
commitments for all member countries
• Kyoto set global and national GHG emission
reduction targets through 2012 based on 1990
baseline. On average reductions of 5.2%
Kyoto
Carbon Trading
• Article 12 of the Kyoto Protocol defines a Clean Development
Mechanism, which can be used by major polluting countries to
invest in projects that reduce emissions in developing countries
as an alternative to more expensive emission reductions in their
own countries
• Kyoto allows major developed countries to meet their
greenhouse gas emission limitation by purchasing GHG
emission reductions from elsewhere. (“Joint Implementation”)
• Gives financial incentives to non-Annex I countries to develop
GHG emission reduction projects to receive "Carbon Credits"
that can then be sold to Annex I buyers
• Created tradable financial instruments, bought and sold on the
spot market for speculation purposes, linked to futures contracts
Bali
• COP-13 held December 2007
• Over 10,000 participants attended COP-13
• Bali Road Map adopted
• The Road Map includes the Bali Action Plan, which
charts the course for a new negotiating process
designed to tackle climate change, with the aim of
completing this by the end of 2009 at the Climate
Change Conference in Copenhagen (COP-15)
Aarhus
Fourth Ministerial Conference «Environment for
Europe» (June 1998)
• adopted Convention on Access to Information, Public
Participation in Decision-making and Access to Justice in
Environmental Matters
• 42 Parties (including the European Community)
• negotiated under auspices of the United Nations
Economic Commission for Europe (UNECE)
Convention on Access to Information,
Public Participation in Decision-making
and Access to Justice in Environmental
Matters (Aarhus Convention, 1998)
UNECE regional convention
of global significance
“…by far the most impressive elaboration of principle
10 of the Rio Declaration, which stresses the need for
citizen’s participation in environmental issues… As
such [the Aarhus Convention] is the most ambitious
venture in the area of environmental democracy so
far undertaken under the auspices of the United
Nations.”
– UN Secretary-General Kofi Annan
Aarhus provides a model of good
environmental governance
 Recognises the right to a healthy environment and
acknowledges that citizens may need assistance in order to
exercise their rights
 Aims to further accountability and transparency in decisionmaking and strengthen public support for decisions on
environment
 Recognises desirability of transparency in all branches of
government
 Recognises importance of respective roles of citizens and
enables active NGO participation in all processes under the
Convention
Aarhus model of good environmental
governance
• Each Party to establish and maintain a clear,
transparent and consistent framework to implement
the Convention
• European Union institutions covered
• Anti-harassment, non-discrimination provisions
• Compliance review arrangements
• Open to non-UNECE countries
Aarhus compliance review
 Compliance review mechanism open to the public
 Since 2004, 29 communications from the public,
including civic organizations, triggering compliance
review procedures
 Leading to findings of non-compliance by the
Compliance Committee and formal decisions of noncompliance at the MOPs in 2005 and 2008
 Improved legal standing for NGOs
Parties, at their second meeting
(Almaty, Kazakhstan, May 2005)
adopted decision II/3
on Electronic Information Tools and
the Clearing-house Mechanism
Annex
Recommendations on the more effective
use of electronic information
tools to provide public access to
environmental information
Aarhus Clearinghouse is the central node of a network of national
and information nodes, many with their own Clearinghouses
Kiev
• Fifth Ministerial Conference «Environment for Europe»
held in May 2003
• Adopted Kiev Protocol on Pollutant Release
and Transfer Registers
First legally binding international
instrument on pollutant release and
transfer registers. Its objective is "to enhance
public access to information through the
establishment of coherent, nationwide pollutant
release and transfer registers (PRTRs)."
Facility-specific reporting on GHG
emissions and releases from transport,
annual reporting, accessible over Internet
Almaty
Guidelines on Public Participation in
International Forums
• Adopted in Almaty, May 2005
• Consultation with FCCC secretariat in 2007
Guidelines reinforce article 3, para. 7
“Each Party shall promote the application of the
principles of (Aarhus) Convention in international
environmental decision-making processes and within
the framework of international organizations in matters
relating to the environment.”
• Impact may be felt more at national level among
Aarhus Parties
Some Climate Change Convention
Implementation Challenges
• Measurement of GHG emissions at national
level
• Impact of GHG sinks / reduction projects
• Transparency and auditing of information
• Compliance mechanism / Enforcement
• Elaboration of CDM Accreditation
Requirements
Aarhus Climate Change Conference
“The Role of Information
in the Age of Climate
Change”
13-14 November 2008
University of Aarhus,
Denmark
http://www.klima.au.dk/dk/forside/aarhusconvention/