China (Yunnan Province)

China scored well on the Transparency pillar and fair on the Participation and Justice pillars. China’s Regulations on Open Government Information (ROGI) provide citizens with the ability to request and receive environmental information from administrative agencies and state-owned enterprises. The authorities are also required to collect and publish environmental information, although exactly what this includes is largely at the authorities’ discretion. China scored fair on public participation because while there are various laws that require public participation, they do not establish clear procedural safeguards. For instance, although the public has to be given an opportunity to participate before a final decision is made, it is unclear when this is to occur; it could be done at either a scoping stage or once an environmental impact assessment has been produced. With regard to the Justice pillar, the public does have the legal right to seek review for a variety of reasons, such as refusal to grant a request for information or a failure to comply with administrative procedure. However, there are few legal mechanisms guaranteeing the impartiality and independence of judicial decisions. Remedies do not have to be adequate and effective, and there are very few measures to reduce barriers to justice. China’s recent legal commitments to greater environmental transparency could be supported by expanding procedural safeguards for public participation and ensuring the public can access justice when laws are broken or the environment is harmed.

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