A/HRC/28/61
guidelines that assist States to implement their commitments to Principle 10.4 UNEP is
preparing a comprehensive guide for the implementation of the Bali Guidelines, which will
be published in 2015.
28.
Another good practice is the implementation of these procedural obligations through
regional agreements. In 1998, the States members of the United Nations Economic
Commission for Europe adopted the Aarhus Convention on Access to Information, Public
Participation in Decision-Making and Access to Justice in Environmental Matters, which
states that:
to contribute to the protection of the right of every person of present and future
generations to live in an environment adequate to his or her health and well-being,
each Party shall guarantee the rights of access to information, public participation in
decision-making, and access to justice in environmental matters in accordance with
provisions of this Convention (art. 1).
The Convention sets out detailed requirements for the implementation of each of these
access rights. As of January 2015, the Convention has 47 Parties, which include virtually all
of the States in Europe as well as a number of States in Central Asia.
29.
To facilitate the implementation of the Convention, the Organization for Security
and Co-operation in Europe maintains a network of Aarhus Centres, including in Albania,
Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Montenegro, Serbia and
Tajikistan. The Centres disseminate environmental information, carry out educational and
training projects, and provide venues where the public can discuss environmental concerns.
For example, the Khujand Aarhus Centre in northern Tajikistan conducted a campaign in
the town of Taboshar to raise its residents’ awareness of the health risks associated with a
nearby abandoned uranium mine.
30.
Nineteen States in Latin America and the Caribbean, with the assistance of the
Economic Commission for Latin America and the Caribbean, decided in November 2014 to
begin negotiation of a new regional agreement that would implement the access rights set
out in Principle 10, with a view to completing the negotiation by December 2016. Together
with the Aarhus Convention, this initiative will provide invaluable models to other regions
considering similar agreements.
31.
Civil society organizations have also engaged in exemplary practices designed to
facilitate the exercise of procedural rights to information, participation and remedy. One of
the most notable is The Access Initiative (TAI), a global network of more than 150 civil
society organizations that work together to promote procedural rights. TAI has developed a
toolkit that helps civil society to assess environmental governance in their countries and to
identify opportunities to make positive changes. Together with the World Resources
Institute, TAI is also developing an Environmental Democracy Index, which will measure
country-specific realization of the three procedural rights according to indicators based on
the Bali Guidelines. The Index should be available in 2015.
B.
Obligation to make environmental information public
32.
Human rights bodies have made clear that to protect human rights from
environmental harm, States should provide access to environmental information
(A/HRC/25/53, para. 31). Many States have adopted laws providing for such access. For
example, Chile has enacted a law that includes a detailed statement of the right of everyone
4
UNEP Governing Council Dec. SS.XI/5 (26 February 2010).
7
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