Annex 1
An Overview of Various Forms of Public Participation in Environmental Decisionmaking

Introduction

Public participation is not a monolithic concept. Besides generally applicable methods of informal public pressure (see Chart 9) there are specific ways in which the public can have a voice in an environmental decision. Again, there are many different types of environmental decisions. For each decision, a differing form of public participation may be appropriate. The charts attempt to break down these different types of decisions and types of participation.

Charts 1-8 are organized along types of environmental decisions where public participation may be desired. These are:

• Development of environmental policies
• Development of legislation
• Development of regulatory standards
• Issuance of permits for activities with potentially adverse environmental effects
• Local and regional planning decisions
• Enforcement of laws, regulations, and permits
• Privatization
• Transboundary environmental issues

First, the chart lists some methods for participating in each of these environmental decisions. For example, to participate in the development of legislation, the public may wish to provide written comments on a draft law, participate in a public hearing on the draft, draft their own law, etc.

In order to enable these methods of participation, however, the public needs some legal mechanisms to give them the substantive and procedural rights to participate. The charts break these legal mechanisms into: (1) rights to know; (2) rights to be heard; and (3) rights to affect decisions. Differing legal mechanisms for each of these three rights in each category of decision are then outlines.

In a perfect world, the methods for participating, and the legal mechanisms for enabling that participation should be sufficient to assist any person in participating effectively in environmental decision of a given type. Unfortunately, however, in many countries a number of these methods for participating are not possible. To evaluate the obstacles to participation, the charts then list for each type of decision some constraints to allowing the public to participate in that decision. In addition, the charts identify some tasks for the effort to eliminate some of the constraints mentioned.

These last two columns in the chart are far from complete. They represent only a selection of constraints and ideas for tasks. They are included with the hope that people can take the concepts behind these entries and identify specific constraints and tasks for their individual country or environmental issue.

Finally, even with the legal mechanisms described in the chart, public participation cannot be effective without some fundamental prerequisites: information resources, financial resources, and education and training. The charts outline these three prerequisites to public participation, examining the methods and mechanisms for enabling each prerequisite, outlining some of the constraints to their effectiveness, and suggesting tasks for overcoming some of those constraints.

Many thanks are extended to the members of the REC Public Participation Working Group who helped develop the contents of these charts.

Part I
Types of Public Participation

2. Development of Legislation
Methods	Mechanisms
Public/NGOs provide written comments on draft legislation Public/NGOs participate in public hearings on draft legislation before law drafters before legislation Public/NGOs propose development of law Public/NGOs draft law Public/NGOs lobby law drafters, legislators, and/or other decisionmakers (MPs, ministers) Interests of public/NGOs are represented by "green" MPs Public/NGOs participate in advisory committee(s), which comment on legislative draft Environmental ombudsman comments on legislative drafts Public/NGOs conduct demonstrations, write-in campaigns, etc.	Right to Know Public notice of draft and final laws Public access to draft and final laws Media coverage International agreements published Involvement of universities (study-projects) Right to be Heard Legal right of the public/NGOs to comment on draft laws (including adequate notice and time to comment) in administrative law in environmental law at various stages Legal requirement for public hearings on draft laws (at various stages) Legal right of the public/NGOs to submit proposal for law or draft law to ministry/ legislature Right of advisory committees to comment on draft laws Right of the ombudsman to comment on draft laws Right to Affect Decisions Legal requirement that public/NGO/ ombudsman/advisory committee comments must be incorporated into/seriously considered in final law Legal requirement for law drafters/ legislature to respond to comments and explain decisions Legal right of the public/NGOs to appeal final draft and/or right to appeal the application of law Implementation of international conventions in national legislation
Constraints	Tasks
Inadequate publicizing of draft laws Lack of clear procedural rules for public participation in the development of legislation Lack of political will to encourage/allow public participation Lack of environmental NGOs organized for/ interested in participating in the development of legislation Inadequate time and resources in the NGO community Limits on standing of the public to challenge legislation in court Lack of environmental NGOs authorized to challenge legislation in court Concern that public involvement will slow down the legislative process	Develop and lobby for legal framework for participation including: standards for determining when public participation is allowed rights of public/NGOs/ombudsman to participate procedures for public comment obligation of decisionmakers to respond to public comments and explain decisions availability of judicial review Draw on examples from other countries (i.e., EC legislation) Offer assistance to the public/NGOs in drafting and commenting on laws Offer assistance to government in responding to public input on draft legislation Establish ombudsman Establish advisory committees Encourage each agency with relevant jurisdiction to maintain a list of NGOs desiring written information about pending decisions/proceedings Train journalists and other media representatives in environmental issues Educate the public about environmental issues and the value of public participation

3. Development of Regulatory Standards
Methods	Mechanisms
Public/NGOs comment on draft regulations Public/NGOs participate in public hearings on draft regulations Public/NGOs develop and propose regulations/ standards with help of experts/scientists/ universities Public/NGOs lobby decisionmakers Advisory committees (with public/NGO members) comment on draft regulations Environmental ombudsman comments on draft regulations Public/NGOs file lawsuits challenging government regulations or failures to regulate International standards/conventions are incorporated into regulatory procedures Public/NGOs conduct demonstrations, write-in campaigns, etc.	Right to Know Public notice of all draft and final regulations Public access to draft and final regulations Media coverage Right to be Heard Legal right of the public/NGOs to comment on draft regulations, including adequate notice and minimum time to comment (as in U.S. "notice and comment rulemaking") Legal requirement for public hearings Legal right of the public/NGOs to submit proposed regulations to ministry Right of the ombudsman to comment on draft regulations Right of advisory committee to comment on draft regulations Right to Affect Decisions Legal requirement that public/NGO/ ombudsman/advisory committee comments must be incorporated into/seriously considered in final regulations Legal requirement that government must respond to public comments and explain the decision Legal right to appeal final regulation and/or application of regulation Legal right to file lawsuit challenging government failures to regulate
Constraints	Tasks
Inadequate publicizing of draft regulations Lack of clear procedural rules Lack of political will Lack of NGOs organized for/interested in development of regulations Inadequate time and resources in the NGO community Limits on standards of public/NGOs to challenge regulations in court Lack of environmental NGOs authorized to challenge regulations in court Concern that public involvement will slow down the rulemaking process	Develop and lobby for legal framework for participation, including: standards for determining when public participation is allowed rights of the public/NGOs/ombudsman to participate procedures for public comment obligation of decisionmakers to respond to comments and explain decisions availability of judicial review Draw on examples from other countries Offer assistance to the public/NGOs in drafting and commenting on laws Offer assistance to governments in responding to public input on draft law Establish ombudsman Establish advisory committees Encourage each agency with relevant jurisdiction to maintain a list of NGOs desiring written information about pending decisions/proceedings Train journalists and other media representatives in environmental issues Educate public about environmental issues and the value of public participation

4. Issuance of Permits for Activities with Potencially Adverse Environmental Effects
Methods	Mechanisms
Public/NGOs comment during permitting proceedings Public/NGOs participate in EIA process for environmental licenses Public/NGOs conduct their own hearings on potentially damaging activities Advisory committees (with public/NGO members) comment on draft permits and/or participate in EIA processes Environmental ombudsman comments on draft permits and/or participates in EIA processes Media covers permit issuance/EIA process Public/NGOs conduct demonstrations, write-in campaigns, etc. Public/NGOs form coalitions with other interest groups (unions, consumer groups, farmers groups)	Right to Know Public notice of draft and final permit Public access to draft and final permit and background information Public notice of EIA process Public access to EIA reports and background information Media coverage Right to be Heard Public hearing and/or comment requirements for permit applications (with adequate notice and time to comment) Public hearing and/or comment requirements for EIA proceedings (with adequate notice and time to comment) Right of the ombudsman to participate in permit/EIA procedures Right of advisory committees to participate in permit/EIA procedures Right to Affect Decisions Legal requirement that public/NGO/ ombudsman/advisory committee comments must be incorporated into/seriously considered in final permit/EIA decisions Legal requirement that governments provide written permits/EIA decisions, including discussion of public comments and explanation of decision Right of public/NGOs to appeal permit issuance Right of public/NGOs to challenge EIA reports/decisions and decisions not to perform EIA
Constraints	Tasks
Lack of clear substantive and procedural rules for participation Lack of political will Limitations on standing to participate in and to challenge permit and EIA proceedings (i.e., in Poland, only NGOs and affected persons may do so) Lack of NGOs organized for/interested in participating Inadequate time and resources in the NGO community Concern that public involvement will slow down permitting/EIA process Inadequate publicizing of permit/EIA procedures	Develop and lobby for statutes requiring public comment and hearing procedures during permit issuance and public access to information on permits Develop and lobby for EIA law that covers issuance of environmental licences as well as development consent, and includes public participation (via public hearings and written comments) in scoping and assessment of draft and final Environmental Impact Statements Grant broad right of appeal in permit and EIA proceedings Establish ombudsman Establish advisory committees Offer assistance to the public/NGOs in participating in permitting/EIA process Offer assistance to governments and/or industry in responding to public input Encourage each environmental agency to produce and maintain a list of NGOs that want to receive written information about pending proceedings Train journalists and other media representatives in environmental issues Educate public about environmental issues and the value of public participation

5. Local and Regional Physical Planning Decisions
Methods	Mechanisms
Public/NGOs comment during local and regional planning proceedings Public/NGOs participate in EIA process for planning decisions Public/NGOs take initiative in proposing local and regional physical planning programs Advisory committee(s) (with public/NGO members) act as advocate in planning process Environmental ombudsman acts as public advocate in planning process Public/NGOs conduct demonstrations, write-in campaigns, etc.	Right to Know Legal requirement that drafts of all local and regional plans be published Legal requirement that NGOs be informed of upcoming and pending planning decisions Media coverage Right to be Heard Legal right of NGOs/public to comment on draft plans (including adequate notice and time to comment) Legal requirement for public hearings Right of ombudsman to comment on proposed planning decisions Legal right of advisory committees to comment on draft planning decisions Legal right of NGOs/public to submit proposed plans Right to Affect Decisions Requirement that public/NGO/ombudsman/ advisory committee comments be incorporated into/seriously considered in final decision Requirement that governments provide written decisions, including discussion of public comments and explanation of decision Right of appeal for those who have participated in planning process
Constraints	Tasks
Inadequate publicizing of proposed agency decisions Lack of possibilities for NGOs/public to be involved in planning decisions Limitations on standing to participate and appeal Lack of a system for deciding who should be informed Lack of political will Lack of NGOs organized for/interested in participating Inadequate time and resources in the NGO community Concern that public involvement will slow down the decisionmaking process	Develop and lobby for statute requiring public comment periods and public hearings for all proposed planning decisions Develop and lobby for EIA law that covers local and regional planning decisions, including public participation provisions (use European Communities Directive on EIA as a reference) Grant broad right of appeal in EIA/local planning decisions Establish ombudsman Establish advisory committees Offer assistance to the public/NGOs in participating in planning decisions Offer assistance to governments in responding to public input in planning decisions Encourage each agency with jurisdiction over planning decisions to maintain a list of NGOs desiring written information about pending proceedings/decisions Train journalists and other media representatives in environmental issues Educate the public about environmental issues and the value of public participation

6. Enforcement of Laws, Regulations, and Permits
Methods	Mechanisms
Public/NGOs monitor compliance and report violations to the government and/or the violator Public/NGOs sue government administrative agencies if they do not perform their statutory enforcement responsibilities Public/NGOs participate as a party in government enforcement actions Ombudsman/advisory committee participates as a party in government enforcement actions Public/NGOs file lawsuits directly against violators Ombudsman/advisory committee files lawsuits directly against violators Public/NGOs organize own expertise (scientists, students, etc.) Public/NGOs conduct demonstrations, write-in campaigns, etc.	Right to Know Dissemination to the public/NGOs of information about enforcement proceedings Requirements for self-monitoring by industry, and reporting to government/public Right of public access to environmental information in government's possession Media coverage Right to be Heard Right to submit monitoring data to government Right to comment on proposed enforcement agreement between the violator and the government Right to Affect Decisions Legal right of the public/NGOs to sue government agencies to force regulatory/ enforcement action Legal right of public/NGOs/ombudsman/ advisory committee to participate as a party in government enforcement actions Legal right of public/NGOs/ombudsman/ advisory committee to initiate enforcement actions against violators
Constraints	Tasks
Limitations on rights of the public/NGOs to participate in enforcement actions unless they have a direct interest and are materially affected Lack of political will Financial burden of filing lawsuits Lack of NGOs equipped/interested in monitoring or enforcement Inadequate time and resources in the NGO community Concern that public involvement will slow down enforcement proceedings	Develop and lobby for statute (or amendment to existing laws) granting broad right to sue violators and government Develop and lobby for right of citizen enforcement litigants to be reimbursed for costs and attorney fees in successful cases (as in U.S.) Train public/NGOs to monitor environmental compliance Establish environmental complaint procedure at EU level Train journalists and other media representatives in environmental issues Educate public about environmental issues and the value of public participation

7. Privatization
Methods	Mechanisms
Public/NGOs receive access to information included in environmental audits of businesses to be privatized Public/NGOs participate in environmental audits conducting audits reviewing audits Public/NGOs receive access to information about environmental provisions of privatization transactions before transactions are finalized after transactions are finalized Public/NGOs comment on proposed environmental provisions of privatization transactions Public/NGOs participate in hearing on proposed environmental provisions of privatization transactions Environmental ombudsman represents public interest in privatization transactions Public involvement in advisory committees commenting on privatization transactions Public/NGOs participate in creating/commenting on compliance schedules for privatized companies Public/NGOs conduct demonstrations, write-in campaigns, etc.	Right to Know Public notice of privatization transactions Public access to information about environmental provisions of privatization transactions Public access to environmental audit informations Media coverage Right to be Heard Right of the public/NGOs to participate in environmental audits performed/commissioned by government Right of the public/NGOs to comment on proposed environmental provisions of privatization transactions Public hearing on proposed environmental provisions of privatization transactions Right of the public/NGOs to participate in establishing compliance schedules for privatized companies Right of the ombudsman to participate in privatization transactions Right of advisory committees to participate in privatization transactions Right to Affect Decisions Right of public/NGOs to initiate judicial review of privatization contracts if an environmental threat is involved
Constraints	Tasks
In many countries no environmental audits are performed on businesses before privatization Limitations on the disclosure of 'commercial' information Reluctance to slow down privatization process Institutional weakness of Environment Ministries Lack of NGOs able to/interested in participating in the privatization process Inadequate time and resources in the NGO community	Inclusion in privatization laws of environmental audit requirements requirements to establish schedules for future environmental compliance public disclosure of the environmental terms of agreement public involvement in determining environmental terms Broad rights of appeal Establish ombudsman Establish advisory committees Offer assistance to public/NGOs in evaluating environmental audit and other privatization information Offer assistance to government/industry in responding to public input in privatization procedure Train journalists and other media representatives in environmental issues Educate public about environmental issues and the value of public participation

8. Transboundary Environmental Issues
Methods	Mechanisms
Public/NGOs from neighboring countries enjoy the same rights as the domestic public/NGOs to challenge decisions that threaten environmental harm in neighboring countries Pollution affecting other countries is treated as seriously as pollution with only domestic effects	Right to Know Notice to foreign governments/citizens/NGOs of proposed decisions that may have impacts in their country Access to information in possession of government and industry for foreign citizens/NGOs Media coverage Right to be Heard Right of foreign citizens/NGOs to participate in hearings Right of foreign citizens/NGOs to comment on proposed legislation, regulations, planning decisions, permits, and environmental impact statements Right to Affect Decisions Right of foreign citizens/NGOs to appeal decisions with adverse environmental effects Right of foreign citizens/NGOs to sue environmental violators
Constraints	Tasks
Lack of EIA procedures for projects with transboundary effects Lack of good communication among NGOs/ government environmental agencies in neighboring countries Lack of political will Inadequate time and resources in the NGO community Potential limitations on citizen access to appropriate judicial fora	Develop and lobby for EIA laws for projects with transboundary effects (refer to ECE Convention on EIA in transboundary situations) Include provisions in new environmental statutes granting foreign NGOs/public the same rights to participate as domestic NGOs Train journalists and other media representatives in environmental issues Educate the public about environmental issues and the value of public participation

9. Informal Public Pressure to Promote Environmental Protection
Methods	Mechanisms
Public/NGOs boycott or otherwise influence non-complying industries Public/NGOs conduct demonstrations Public/NGOs conduct letter writing campaigns to decisionmakers Public/NGOs publish advertisements/open letters Public/NGOs gain access to media (through letters to editor, etc.) Public/NGOs create adverse publicity for environmental violators and for government agencies that are not fulfilling their environmental protection responsibilities Public/NGOs lobby legislative representatives Public/NGOs address standing committees, secretariats of international conventions Public/NGOs create public pressure through coalitions with other groups (church, trade unions, etc.) Public/NGOs organize scientific symposia/workshops	Right to Know Broad access to information Independent surveys on environmental performance of industry (as are being conducted now in Poland) Media coverage Right to be Heard Constitutional rights: freedom of press, right to assembly Right to Affect Decisions Discretionary or mandatory labelling of products Containing environmentally relevant information
Constraints	Tasks
Environmental concerns not considered as priorities Public apathy Lack of NGOs trained/interested in influencing government decisions Inadequate time and resources in NGO community Lack of governmental authority and/or resources to monitor product labelling for accuracy	Train public/NGOs in organizational techniques Train journalists and other media representatives in environmental issues Lobby for new laws (or amendment of existing laws) protecting the public/NGOs from prosecution for reasonable public actions Educate the public about environmental issues and the value of public participation

Part II
Preconditions of Public Participation

2. Financial resources
Methods	Mechanisms
Public/NGOs receive direct financial support from national and local government Public/NGOs receive direct financial support from in-country donations (from private foundations, businesses, etc.) Public/NGOs receive direct financial support through foreign assistance Public/NGOs receive indirect financial support NGOs raise funds through membership contributions, income from activities	Requirement that governments assist NGOs Use of national and regional/local environmental funds to provide financial support Assignment of budgetary resources directly to public/NGOs Tax incentives for private support of public participation (e.g., in U.S., contributions to non-political NGOs are tax-deductible) Legal structure of environmental NGOs as tax exempt organizations Right to recover costs of litigation
Constraints	Tasks
Lack of political will Lack of financial resources (of government, private donors, NGOs, public) Low priority for environmental concerns	Encourage NGOs to forge coalitions with Environment Ministries Training of public/NGOs on how to apply for financial assistance Provide clear rules as to who is entitled to receive government support Develop and lobby for tax incentive for donations for, and tax free status of environmental NGOs

3. Training and Education
Methods	Mechanisms
Public/NGOs receive training on organizational methods and techniques for effective participation identification of substantive goals strategic planning for meeting goals identification of available legal mechanisms how to use range of participation options how to write a project description fundraising methods how to present testimony at hearings how to deal with media how to lobby legislators how to conduct environmental monitoring Public/NGOs receive training on legal and technical issues general education about legal process general environmental education	Use of public education system to promote environmental awareness Development of specific training programs for public/NGO participation
Constraints	Tasks
Lack of financial and personnel resources to expand educational curricula Lack of trained environmentalists to serve as educators Low priority for environmental concerns	Strengthen environmental curricula (law, science, etc.) Require environmental education at primary, secondary, university levels Develop/update country-specific manuals for public participation Require foreign assistance and training programs to include NGO participants Develop and deliver NGO training