A/HRC/7/21
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47. The Stockholm Convention on Persistent Organic Pollutants of 22 May 2001 aims at
protecting human health and the environment from persistent organic pollutants.
Article 10 (i) provides that each party should, within its capabilities, promote and facilitate
provision to the public of all available information on persistent organic pollutants and ensure
that the public has access to public information and that the information is kept up to date. The
Convention also calls for education and public awareness programmes to be developed, in
particular for women, children and the poorly educated (art. 10 (1) (c)). Parties to the Convention
are also obligated to make accessible to the public, on a timely and regular basis, the results of
their research, development and monitoring activities pertaining to persistent organic pollutants
(art. 11 (2) (e)). The Convention stipulates that, although parties that exchange information
pursuant to the Convention should protect any confidential information, information on health
and safety of humans and the environment should not be regarded as confidential (art. 9 (5)).
48. The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes
and Their Disposal sets out obligations for the exchange of information for both the State
concerned and interested parties. In article 4 (2) (f), the Convention clearly requires that
information about a proposed transboundary movement of hazardous wastes and other wastes be
provided to the States concerned and that it clearly state the effects of the proposed movement on
human health and the environment. In article 4 (2) (h), it encourages cooperation through
activities with other parties and/or interested organizations for the dissemination of information
on transboundary movements in order to improve environmentally sound management and to
work towards the prevention of illegal traffic. Article 13 (1) provides that parties to the
Convention should ensure that, should an accident occur during the transboundary movement of
wastes and other wastes or their disposal and that is likely to present risks to human health and
the environment in other States, those States are immediately informed.16
49. The Convention on Access to Information, Public Participation in Decision-Making and
Access to Justice in Environmental Matters, signed in Aarhus, Denmark, on 25 June 1998,17
takes a very comprehensive approach to the recognition of the importance of the right to
information and public participation. As at 17 September 2007, there were 41 parties to the
Convention. Although it was open for signature only to State members of the Economic
Commission for Europe and those with consultative status with it (art. 17), article 19 of the
Convention opens the door to accession by other States on the condition that they are members
of the United Nations and that the accession is approved by the meeting of the parties to the
Convention. In the preamble, it states that “every person has the right to live in an environment
adequate to his or her health and well-being, and the duty, both individually and in association
with others, to protect and improve the environment for the benefit of present and future
generations”. In the following paragraph, it states that, in order to be able to assert that right
and observe that duty, citizens must have access to information, be entitled to participate in
decision-making and have access to justice in environmental matters, and, in that regard, citizens
may need assistance in order to exercise their rights.
16
17
The text of the Convention is available from the Basel Convention website, www.basel.int.
The text of the Convention is available from the website of the Economic Commission for
Europe, www.unece.org.
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