A/HRC/7/21
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50. Articles 4 and 5 of the Convention obligates States parties to collect and publicly
disseminate information, and to make such information available to the public in response to
requests. Each party to the Convention is to publish a national report on the state of the
environment every three to four years. In addition to the national report, the party is obliged to
disseminate legislative and policy documents, treaties and other international instruments
relating to the environment. Each party must ensure that public authorities, upon request, provide
environmental information to a requesting person without the latter having to state an interest.
Information should be made public within one month, or, in exceptional cases, in not more than
two months (art. 4 (2)). In addition to providing information on request, each State party must be
proactive, ensuring that public authorities collect and update environmental information relevant
to their functions. This requires States parties to establish mandatory systems to obtain
information on proposed and existing activities which could significantly affect the environment.
(art. 5 (1)). The Convention does provide for a number of exceptions in article 4 (4) to the duty
to inform, in the light of other political, economic and legal considerations, but they are to be
interpreted in a restrictive way and take into account the public interest served by disclosure.
51. Public participation is guaranteed by articles 6 to 8 of the Convention. Public participation
is required in regard to all decisions on whether to permit or renew permission for industrial,
agricultural and construction activities listed in annex I to the Convention, as well as other
activities which may have a significant impact on the environment (art. 6 (1) (a)-(b)). The public
must be informed in detail about the proposed activity early in the decision-making process and
be given time to prepare and participate in the decision-making (art. 6 (2)-(3)). In addition to
providing for public participation in decisions on specific projects, the Convention calls for
public participation in the preparation of environmental plans, programmes, policies, laws and
regulations (arts. 7 and 8).
Regional instruments
(a)
Africa
52. Article 9 of the African Charter on Human and Peoples’ Rights stipulates that every
individual has the right to receive information (art. 9 (1)) and to express and disseminate his
opinions within the law (art. 9 (2)).
53. In 2002, the African Commission on Human and Peoples’ Rights adopted a declaration of
principles, in which it stated that “public bodies hold information not for themselves but as
custodians of the public good and everyone has a right to access this information” (principle IV).
Principle IV (2) guarantees the right to information. Although the declaration is not legally
binding, the Special Rapporteur notes that it reflects the thoughts of African people and has
considerable moral force.
(b)
Arab States
54. The Arab Ministerial Conference on Environment and Development adopted in 1991 the
Arab Declaration on Environment and Development and Future Perspectives (see A/46/632), in
which the League of Arab States stressed the right of individuals and organizations to acquire
information about environmental issues and to participate in the formulation and implementation
of decisions that could affect their environment.
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