A/HRC/43/53/Add.2
23.
One minor gap in the availability of environmental information involves the
collection and publication of data about the enforcement of various environmental laws,
including with regard to fines and other administrative penalties levied and the number of
cases where charges are laid and prosecutions are completed. Examples of systematic
approaches to collecting and publishing environmental enforcement information are
available from Canada and the United States of America.13
24.
Public participation in environmental matters is widely encouraged. Large civil
society organizations receive funding support from the Government with no strings
attached. The Environmental Information Act requires that opportunities be provided for
public involvement in the preparation of laws, plans and programmes related to the
environment. Other laws, such as the Planning and Building Act, the Local Government
Act and the Petroleum Act, have specific provisions regarding public participation. There is
a national advisory climate change council, and recent amendments to the Local
Government Act require the creation of three advisory boards comprised of adolescents,
persons with disabilities and the elderly.
25.
Norway is a global leader in striving to give children and youth a voice in
environmental matters. The Constitution recognizes children’s right to be heard (art. 104),
the Human Rights Act establishes the paramountcy of the Convention on the Rights of the
Child, and laws such as the Local Government Act and the Planning and Building Act have
specific mechanisms to engage children and youth.
26.
The national systems for access to justice have strengths and weaknesses. Pursuant
to the Public Administration Act, specific decisions made by government authorities can be
appealed to the next level. Ministry decisions can be appealed to the King in Council,
which makes the final decision. There is a Parliamentary Ombudsman who can receive
citizen complaints in environmental matters, although such cases are rare.
27.
Citizens and civil society organizations can also go to court, starting at the district
court level, with the possibility of an appeal to the Court of Appeal and from there to the
Supreme Court. According to the Supreme Court of Norway, standing for individuals and
non-governmental organizations to bring environmental lawsuits has been liberalized.
However, lawsuits are often expensive and lengthy, and carry the risk of having to pay the
opponent’s legal costs if the case is lost. There are no specialized environmental courts or
tribunals in Norway, though such specialized bodies do exist with regard to other aspects of
the Norwegian legal system (e.g., the Equality and Anti-Discrimination Tribunal) and are
increasingly common throughout the world.14
B.
A safe climate: the Norwegian paradox
28.
One of the world’s most urgent challenges is climate change, which is violating
human rights across the planet today and threatening to do so on a vast scale in the future
(A/74/161, paras. 1–4 and 73–74). The United Nations High Commissioner for Human
Rights has warned that “the world has never seen a human rights threat of this scope”.15
Norway, as one of the world’s wealthiest nations and a major producer of oil and gas, must
accept substantial responsibility for leading efforts in mitigation and adaptation, and
addressing loss and damage.
29.
In some respects, Norway is at the forefront of the global transition to a fossil-fuelfree economy. Its electricity system is predominantly emissions free. Norway has the
highest share of electric vehicle sales in the world, it is the first country to ban the use of
fossil fuels for the heating of buildings, and Norway prohibits flaring from petroleum
13
14
15
Canada, Environmental Offenders Registry, available from https://environmentalprotection.canada.ca/offenders-registry; and United States Environmental Protection Agency,
Enforcement and Compliance History Online, available from https://echo.epa.gov.
George (Rock) Pring and Catherine (Kitty) Pring, Environmental Courts and Tribunals: A Guide for
Policy Makers (Kenya, United Nations Environment Programme, 2016).
Agence France-Presse, “Climate crisis is greatest ever threat to human rights, UN warns”, The
Guardian, 9 September 2019.
7
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