Environmental democracy, transparency and global governance: The Road from Rio to Copenhagen

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Environmental democracy, transparency and global
governanceThe 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

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Key landmarks in the climate change and
environmental democracy agenda

• The road from
• Rio
• Kyoto
• Aarhus
• Kiev
• Almaty
• Bali
• to Copenhagen

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Intergovernmental Agreementsand 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

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Rio

• United Nations Conference on Environment and
  Development (UNCED or Rio Earth Summit, 1992)

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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
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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. "

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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."

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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

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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

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KyotoCarbon 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

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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)

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• 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)

Aarhus
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Convention on Access to Information, Public
Participation in Decision-making and Access to
Justice in Environmental Matters (Aarhus
Convention, 1998)
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UNECE regional convention of global significance

• by far the most impressive elaboration of
  principle 10 of the Rio Declaration, which
  stresses the need for citizens 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

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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 decision-making 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

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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

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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
  non-compliance at the MOPs in 2005 and 2008
• Improved legal standing for NGOs

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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
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Aarhus Clearinghouse is the central node of a
network of national and information nodes, many
with their own Clearinghouses
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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 andtransfer 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 GHGemissions and
  releases from transport, annual reporting,
  accessible over Internet

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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

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Some Climate Change ConventionImplementation
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

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Aarhus Climate Change Conference

• The Role of Informationin the Age of
  ClimateChange13-14 November 2008University
  of Aarhus, Denmark
• http//www.klima.au.dk/dk/forside/aarhusconv
  ention/