A/HRC/7/21
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43. The right as a legally binding treaty obligation is enshrined in article 19 of the International
Covenant on Civil and Political Rights. Article 19 (2) stipulates that everyone should have the
right to freedom of expression; that right should include freedom to seek, receive and impart
information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in
the form of art, or through any other media of his choice. Article 19 (3) does allow certain
restrictions, but they should only be such as are provided by law and are necessary (a) for the
respect of the rights and reputations of others; (b) for the protection of national security or of
public order, or of public health and morals. Article 25 of the Covenant in turn prescribes that
every citizen should have the right and the opportunity to take part in the conduct of public
affairs.
44. While there are no explicit references in the core international human rights treaties to the
right to information and participation with regard to environmental matters, the Special
Rapporteur would like to recall that the Rio Declaration on Environment and Development 14
focused on the right to information, participation and remedies with regard to environmental
conditions. Principle 10 of the Rio Declaration stipulates that participation of all concerned
citizens should be practised when environmental issues are concerned. At the national level, it
calls for each individual to have appropriate access to all appropriate information concerning the
environment held by public authorities, including information on hazardous materials and
activities in their communities, and the opportunity to participate in decision-making processes.
It further calls upon States to facilitate and encourage public awareness and participation by
making information widely available. It further calls upon States to ensure that access to judicial
and administrative proceedings, including redress and remedy, is provided.
45. Principle 18 of the Declaration calls upon States to immediately notify other States of any
natural disasters or other emergencies that are likely to produce sudden harmful effects on the
environment of those States. It reminds States that efforts should be made by the international
community to help States that are afflicted by such calamities. Principles 20, 21 and 22 call for
the wide participation of women, youth, indigenous peoples and other communities in protecting
the environment and fostering development.
46. Article 15 (2) of the Rotterdam Convention on the Prior Informed Consent Procedure for
Certain Hazardous Chemicals and Pesticides in International Trade of 10 September 1998 15
requires each State party to ensure, to the extent practicable, that the public has appropriate
access to information on chemical handling and accident management and on alternatives that
are safer for human health or the environment than the chemicals listed in annex III to the
Convention.
14
Report of the United Nations Conference on Environment and Development, Rio de Janeiro,
3-14 June 1992, vol. I, Resolutions Adopted by the Conference (United Nations publication,
Sales No. E.93.I.8 and corrigendum), resolution 1, annex I.
15
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