A/HRC/28/61
law in 2006 to require a public consultation period once a draft EIA is prepared. The law in
Trinidad and Tobago provides the public with the opportunity to submit comments on an
EIA for at least 30 days after notice for comment is advertised. In the United States,
agencies must provide public notice of hearings related to EIAs, and the public may provide
comments and seek judicial review of EIA decisions.
45.
Some States have taken additional steps to promote informed participation by those
most affected by environmental harms. Antigua and Barbuda based its Sustainable Island
Resource Management Zoning Plan on extensive stakeholder consultation. In 2009, the
Government of Finland implemented the Action Programme on eServices and eDemocracy,
which was designed to develop new tools for citizen participation in land-use planning. One
aspect of the programme is Harava, an interactive map-based application used by local
governments to collect feedback from citizens, including by marking on an online map
where they believe a new protected area should be located. Another programme, called
Alvari, has been adopted at the subnational level in Finland by the city of Tampere. It
created public advisory groups that have participated in more than 350 planning-related
decisions since 2007.
46.
Mexico has established consultative councils for sustainable development, which
can provide forums for designing and evaluating public policies on environmental issues, as
well as helping to reach consensus among interested parties in environmental decisionmaking. Currently, Mexico has a national council and six regional councils, each of which
is composed of representatives of civil society organizations, academia, the corporate sector
and government agencies. In the United States of America, the Environmental Protection
Agency has established “community advisory groups” to provide a public forum for local
community members to express their concerns relating to the clean-up of hazardous waste
sites, and to provide the Agency with community preferences for site remediation.
47.
Civil society organizations can also play an important role in facilitating public
participation. In Mongolia, the Asia Foundation has worked with government agencies,
citizens and corporations to create Local Multi-Stakeholder Councils (LMSCs) composed
of representatives of mining companies, local governments and communities. The objective
of the LMSCs is to ensure a balanced ecosystem and responsible resource use through
active participation of many stakeholders. As of 2013, the project had facilitated the
establishment of 31 LMSCs. In a number of African countries, Namati, a non-profit
organization, has trained “community paralegals” to empower individuals and communities
to protect their lands and national resources. For example, in Myanmar, Namati and a local
partner organization have trained more than 30 paralegals to help families to register and
protect their land rights.
48.
At the regional level, a good example of facilitating public participation is the Joint
Public Advisory Committee (JPAC) to the North American Commission for Environmental
Cooperation. The JPAC is composed of 15 citizens, five from each country in North
America, who come together to advise the Commission. The JPAC holds meetings and
workshops throughout the year in different locations within the three countries. Decisions
of the JPAC and records from its meetings are available on the Commission’s website
(www.cec.org).
49.
An often overlooked aspect of the obligation to facilitate public participation is the
value of assessing the effectiveness of different approaches to such participation. In
Mexico, the environmental agency has created an index (the Indice de Participacion
Ciudadan del Sector Ambiental, or IPC) that evaluates citizen participation in various
institutions relating to environmental decision-making, on the basis of indicators in four
main categories: public participation; transparency; inclusion and equality; and citizen
complaints. The agency published the first IPC in 2010, and subsequent IPCs have used the
2010 report as a baseline in order to assess whether public participation is improving.
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