However, the role and tasks of NGOs in using international or transboundary instruments at a national level, may be even more important. Since international or transboundary agreements and instruments can only be realized through national legislation, they are also powerful tools for public participation at the national level. Therefore, existing public participation instruments, whether formal or nonformal, international or transboundary, should first be utilized at this level. The very first target should always be the national government or governmental institutions of the given country, even when international or transboundary environmental issues are at stake. International agreements and obligations have to be linked to, and used in, concrete local, regional or national environmental issues. At the same time, local, regional or national environmental problems can and should be perceived in a broader context in relation to relevant international or transboundary agreements and obligations.
The United Nations Conference on Environment and Development, (Rio de Janeiro, 1992), and the Sofia Conference (1995) states: "The continued active and effective participation of nongovernmental organizations, the scientific community and the private sector, as well as local groups and communities, are important in the implementation of Agenda 21." (Report of the United Nations Conference on Environment and Development, Article 38.5, Rio Declaration) "Within the intergovernmental framework, consideration should be given to allowing nongovernmental organizations, ... committed to the implementation of Agenda 21, to have relevant information made available to them, including information, reports and other data produced within the United Nations system." |
The United Nations Conference on Environment and Development (UNCED) process and the series of European Ministerial Conferences "Environment for Europe," have established good practices for involving NGOs in the preparations, negotiations and implementation of their resolutions.
The recognition of the role and tasks of NGOs can be found in more and more concrete treaties. For example, the parties to the Convention on the Protection of the Marine Environment of the Baltic Sea Area (1992) recognize in the preamble "the importance of transparency and public awareness as well as the work by nongovernmental organizations for successful protection of the Baltic Sea Area." This recognition is clarified in Article 17 of the Convention (see Box 4). Similar provisions are to be found in other treaties such as the United Nations Convention on the Law of the Sea (Article 200) on creating accessible information.
Article 17 of the Convention on the Protection of the Marine Environment of the Baltic Sea Area (1992) states:
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The Sofia Guidelines adopted by the Third Ministerial Conference, "Environment for Europe," in October 1995 has best fulfilled these requirements. This document, as we saw in Chapter 1, commits governments of the UN-ECE region to take concrete measures to secure access to environmental information and public participation in environmental decisionmaking processes: "The effective implementation of access to environmental information and public participation in environmental decisionmaking processes calls for the establishment of a clear regulatory framework providing procedural and institutional guarantees and proper enforcement programs." The Guidelines recognize the special "decisive role of NGOs" in public participation. Although no distinction is made between national and international decisionmaking processes, several paragraphs specifically refer to the international aspects of public participation and recommend as minimum standards the obligations of the ESPOO Convention on Environmental Impact Assessment in a Transboundary Context (Espoo, 1991). (See Guidelines on Access to Environmental Information and Public Participation in Environmental Decisionmaking, Appendix II.) The ministers of environment participating in the conference adopted the Guidelines and committed themselves to implement it and report on the implementation in the next Ministerial Conference - to be organized in the summer of 1998 in Arhus, Denmark. Based on the Guidelines, a process of elaborating a new international convention has been started on public participation and access to information. The new convention is also to be adopted in Arhus at the Fourth Ministerial Conference.
These international agreements and political documents provide NGOs with the status and tools they need to participate - or facilitate participation of the public officially - in the decisionmaking process and monitor their implementation and enforcement. Agreements, treaties and other international or transboundary arrangements such as declarations, memoranda of understanding or resolutions are intergovernmental agreements which constitute legal and political obligations between governments.
However, international or transboundary agreements are important tools for public participation, regardless of specific reference to NGOs, because they stipulate obligations for states and governments. Governments can be requested and induced to observe these obligations. NGOs can always invoke the norms, standards and obligations laid down in an agreement, treaty or declaration, vis-a-vis their own government, a foreign government or an international organization. Nevertheless, as we will see in the following sections, the practical involvement of NGOs is not automatic, even if their status or role is described in the legal provisions of a international treaty or agreement. NGOs must follow closely the type of rights or possibilities guaranteed by these laws or documents and make sure these rights or possibilities are being recognized in practice.
As indicated above, to operationalize their important role in the environmental decisionmaking process in an international or transboundary context, NGOs can use a number of opportunities.
On the basis of some of the most relevant international agreements and declarations mentioned above, the following list of specific functions and rights can be formulated for NGOs:
As a first step, a detailed analysis and description has to be made in order to clarify the problem and to understand the issues at stake, the primary stakeholders and participants, the official position related to the case, the effects of the problem (see Box 5).
The following checklist can assist when using legal or nonformal instruments for public participation in an international or transboundary context:
Note: In Appendix I, a more detailed questionnaire may help in problem identification and analysis. The practical steps of public participation are extensively described also in Chapter 2 of the REC Manual on Public Participation in Environmental Decisionmaking: Current Practices and Future Possibilities. The options and ideas listed in that chapter are equally relevant for public participation using international instruments. |
The importance of information gathering is exemplified in the case of Ecoglasnost, a national NGO in Bulgaria, in a severe toxic-waste-case. In 1991, a more or less vague and dubious Bulgarian firm, registered in Australia, received a provisional local permit in the harbor of Burgas to "use the harbor facilities and services for discharge, disposal, storage and transfer of industrial and household waste" from the Union of Independent States (the former USSR); 10 million tons per year for a period of 10 years. In connection with these activities, the firm would finance and build a huge incineration plant. The citizens of Burgas and Ecoglasnost, who where told this would only concern household waste, realized the real meaning of the project. NGOs started to collect as much information on the issue as possible at national and international level. Subsequently it was revealed that there was hardly any economic and ecological basis for these activities. A press campaign was started to inform the public, prompting civil actions. Although there are international agreements regarding discharge and transport of hazardous waste, these were not used by the government nor by the NGOs. Ecoglasnost made clear to the government it would use all its possible public participation rights. Under this pressure, the national and local authorities reversed their decision and eventually the project was cancelled. See more detailed analysis of the case.
Even though international agreements stipulate an obligation for the parties to provide information, governments or international organizations may not have the financial capacity or human resources to provide these services sufficiently.
The hazardous waste dumping site in Gare, a small village in southern Hungary near the Croatian border, is also an illustrative case. A chemical company filled this site for several decades. Due to financial difficulties, the firm was unable to comply with the obligations to clean up the site. Instead, they established a joint venture with a French company to build an incinerator to burn the waste on site and continue operations for another 20 years. However, the plant would then produce more residual material than the original quantity of waste. With professional legal help, the local and neighboring citizens successfully objected against these plans in the first phase. The people 12 kilometers away in Croatia, however, were not informed. This lack of involvement of the "transboundary neighbors" was raised during the official Hungarian legal procedures and had some impact on the decision to momentarily cancel. However, in the second phase, after the investor appealed, this decision was reversed and the construction permit was issued (see more detailed analysis of the case).
In most cases, information does not come automatically to NGOs. International agreements and documents contain information relevant to public participation. However, the information exists in many forms and is available in many different places. In order to find and obtain the documents and information suited for supposed purposes, it is often necessary to invest time, energy, and sometimes money.
It is important to take into account that many institutions, whether governmental, nongovernmental, scientific or business, are large bureaucratic bodies. In many cases, one department has no idea about the activities of another. Therefore, requests are most effectively made to the smallest unit in an organization, which is always an individual person.
First, in order to identify the responsible body and person it might be necessary to carry out some preliminary research. If it is clear where to obtain the information, it is worthwhile making an official request in writing. Although it may take a little longer, it has the advantage that the request is filed, can be retrieved and may help avoid future misunderstanding about the content of the request.
Second, it is necessary to be as specific as possible about the information required. It might be suitable to do some preliminary research. The more specific the request for information is, the more likely that it can be found and obtained. With regard to requests for international documents, Box 6 provides some guidance for clarification.
With respect to international documents, indicate to the extent possible:
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Information can be obtained in various ways: by verbal requests, in person or by telephone, and in writing. The best way depends upon the desired level of contact, the formality of the request and its content.
The content and style of a written request for information may differ according to the specific situation. In some cases, a written request should be more formal and/or more precise or elaborated than in other situations. A standard letter requesting information can look, for example, like the one in Box 7.
Address: name/organization/department
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Governmental bodies. In almost all cases, governments keep copies of the international agreements they adhered to in their own files and archives. In some cases, governments are obliged to provide specific information to the public. It may be difficult to obtain the information from a national governmental body. Even though NGOs formally have the right to be informed and to take notice of the content of these treaties, many governments are not equipped properly to provide this service. Civil servants are also sometimes reluctant or unwilling to provide access to these governmental documents.
The Ministry of Foreign Affairs is often the most likely to have access to international agreements. The Ministry of Environment and other ministries may also have copies or know of specific treaties related to their field. In this respect, it is worthwhile not to limit the request or initial research to one ministry. It is also very likely, that the legal departments of the above-mentioned ministries could have copies or provide information as to where the documents can be accessed. If it is unclear where specific information can be found, it is advisable to start at the department or office of public relations or information of a given ministry or institution. It goes without saying that not every civil servant knows about the existence of treaties or knows how to find them. Furthermore, it has to be noticed that specific (bilateral) documents can only be found at a national level.
Another option is to obtain international documents from the embassies of foreign countries, especially those which are party to the given international agreement with the country in question.
International governmental organizations. Many treaties and documents are concluded within the framework of an international organization. Secretariats and/or specific commissions are obliged to provide information and copies of international agreements. In some cases, international organizations have established national liaison offices or local representation. The UNDP, UNEP, UN-ECE, World Bank, EBRD offices and the mission of the European Union (including the PHARE or TACIS programs) are established in most CEE countries. The addresses of several important international organizations and their secretariats is provided in Appendix VII: Contacts.
International nongovernmental organizations. A third possibility to receive information or copies of international agreements or documents is through other NGOs. International NGOs like Greenpeace, Friends of the Earth, WWF or IUCN, REC, CEELI, etc. should know about existing international agreements in the field of their work and should be able to provide specific information.
In addition to international NGOs, specialized national NGOs may exist in each country, which provide information or assist in the search for more information. Furthermore, national associations for international law or national associations for environmental law may also be of help.
Scientific institutes/universities/libraries. A fourth possibility is to obtain specific information from scientific institutes such as universities or research institutes dealing with international legal matters. International law and/or environmental law departments of universities may be able and willing to help. Also, libraries should be consulted since the bigger, central, national, specialized or university libraries usually have handbooks, legal text books, collections, encyclopedias, reference books and forms of relevant literature.
In 1993, the Lithuanian government decided to construct a large oil terminal complex near the town of Butinge on the Baltic coast, approximately 1.5 km from the Latvian border. The terminal would have had severe negative effects on both the surrounding marine and terrestrial environment. During the preparation of the project, the government tried to keep the whole operation as secret as possible. Nevertheless, the local and regional population became suspicious and initiated opposition. Consequently, the Lithuanian Green Movement became involved and, together with colleagues in Latvia, began action to receive information and influence the decisionmaking process. The NGO appealed to the World Bank and independent experts in addition to the Coalition Clean Baltic (an umbrella organization of NGOs in all Baltic Sea states), which has observer status in the Helsinki Commission (HELCOM). As a result, the project was included in the Baltic Sea Joint Comprehensive Action Program as a new "hot spot." Although the main goal of blocking the construction of the oil terminal was not attained, this case was a success for Lithuanian NGOs. The official authorities took the views and opinions of the NGOs seriously into consideration, changing and adapting several times the technical design of the project. Moreover, the NGOs became involved in the decisionmaking process, and today it is more or less normal for NGOs in Lithuania to take part in Environmental Impact Assessment procedures. The Lithuanian oil terminal case is an important illustration of the benefits of cooperation among NGOs (see more details). |
1. Create a dialogue. With respect to environmental issues covered by international instruments, it is necessary to find out which governmental institution is responsible and indicate an intention to participate in the discussion of the problem. Assistance to provide information or suggest solutions may be offered. The minimum is to ask to be kept informed of the problem and invited to meetings. The maximum is to take an active position and suggest alternative solutions. It is also useful to approach the local representatives of international organizations connected with the project or problem (Word Bank, EBRD, PHARE, TACIS, EU, etc.) and request involvement in discussions and meetings related to the issue.
2. Conduct a media campaign. The media are more often sensitive and interested when news items, press releases and articles have an international dimension. The international dimension may be the involvement of an international organization, another state (in a transboundary problem) or an international obligation of their own government.
3. Launch a public education and awareness campaign. As stated in the introduction, many international environmental problems have local, regional or national consequences. In education and awareness-raising, the public should be made aware of the possibilities and options under international law or within the guidelines of an international organization. International instruments and obligations can be an element in education and awareness-raising campaigns. Due to the apparent abstract character of these instruments, they may appear less suited to provide a basis for a campaign.
4. Influence the actions and decisions of governmental officials. Through lobbying, petitioning and building alliances with governmental officials, NGOs can influence:
It is important to note here that during public participation in an international context, it is equally important to influence the actions and decisions of international civil servants and politicians. This includes such individuals as parliamentarians of the European Parliament or the Council of Europe, civil servants in the UNDP secretariat or members of the board of the World Bank. These international civil servants ahould also be targets for lobby activity, letters of petition and proposals. (See Chapter 4).
5. Initiate or participate in the decisionmaking procedures. Some multilateral lending institutions, such as the World Bank or the EBRD, require public hearings and/or environmental impact assessments before projects are financed or implemented. Requests for information and materials and involvement in the process are fundamental. (See Chapter 7).
6. Use the Courts of Justice. In more and more countries, environmental NGOs have standing in court. This means that they are able to file lawsuits in order to defend the public environmental interests if no other solution is possible. Depending on the national system and the international rule in question, international agreements and obligations can be invoked and used in national judicial procedures - especially in procedures against governments regarding a violation of an international obligation (see also Box 11). If NGOs choose to take an issue to court, in most instances their own national courts are the only available option.