By Nadia Vandergriff (Posted: April 17, 2013)
At the Second Meeting of the Focal Points of the signatory countries of the LAC P10 Declaration, in Guadalajara, Jalisco, Mexico, Columbia joined the Principle 10 Legal Declaration, bringing the number of countries to join the Latin America and Caribbean Principle 10 Declaration to 14.
By Carole Excell (Posted: April, 16, 2013)
(Read the original story at:http://insights.wri.org/news/2013/04/action-plan-environment…)
Without the right laws and safeguards in place, development can come at the expense of the environment and local communities. This point is especially evident in Latin America and the Caribbean (LAC). Newspapers across the region regularly document conflicts over land and natural resource use, hydroelectric power development, oil exploitation, expansion of agriculture into virgin forests, and the disruption of indigenous practices.
Many of these conflicts occur because countries lack strong laws and practices that encourage the public’s access to information and early participation in government decision-making. Without these laws in place, citizens can’t legally obtain information on projects like proposed oil wells or highways—or engage in the decision-making processes about developing and approving these projects. Governments can then make decisions without considering the impact on local citizens. The resulting social, environmental, or health costs often fall disproportionately on the affected communities. (See our video, “Sunita,” for more information on the need for access to information laws).
But the situation in the LAC region could be poised to change, depending on what happens at a meeting this week. Representatives from 13 countries and two observer countries will meet with civil society groups in Guadalajara, Mexico, to finalize a two-year action plan on implementing the LAC Principle 10 Regional Declaration. If attendees come up with a strong plan, several LAC countries will come closer to adopting a plan for improving environmental justice and public participation rights across the region.
The Latin America and Caribbean Principle 10 Regional Declaration
Principle 10, or the “environmental democracy principle,” mandates the public’s right to access environmental information, participate in any government decision affecting the environment, and complain and seek redress from judicial or administrative bodies. The Latin America and the Caribbean Principle 10 Regional Declaration was adopted at the Rio+20 Summit in June 2012, marking the first time that developing countries came together to formally consider the possibility of creating a regional instrument to implement Principle 10.
Which Countries Have Joined the Regional Principle 10 Declaration?
So far, governments from 13 LAC nations have signed on to the regional Principle 10 Declaration. These countries include:
So far, governments from 13 LAC nations have signed on to the Declaration, and signatory governments prepared a Road Map in Chile last November. The formal Plan of Action is to be approved at the U.N. Economic Commission for Latin America and the Caribbean (ECLAC) meeting in Mexico, which begins tomorrow. This Plan of Action is important because it will commit governments to the type of regional instrument to be created in the region, define the way people and organizations can get involved, and establish concrete steps that governments will take to prepare for a negotiation process that will begin in 2015.
3 Principle to Ensure a Strong Plan of Action
The governments of Chile, Dominican Republic, and Mexico have already released a draft Plan of Action. Finalizing this plan will be a significant step forward in the LAC Principle 10 process, but what’s more important is that the plan is a strong one that puts the public’s rights first. WRI’s Access Initiative, along with a number of our partners, believe that the Plan of Action must contain three key elements:
Demonstrated Political Will–to make serious progress on discussion of a legally binding regional convention for Principle 10 (rather than voluntary), as well as its scope and a vision for success. A legally binding regional convention presents opportunities to increase the adoption of access rights in the region and address the lack of implementation and enforcement that currently exists (see our paper, From Principles to Rights).
Resources: A LAC Principle 10 Declaration won’t achieve results unless governments and civil society can build their capacities to ensure adoption of new freedom of information laws, improve public participation processes, and boost judicial and administrative justice. We’ll need a clear method to obtain financial, educational, and other resources to move this process forward.
Strong Rules for Public Participation: Governments can’t design a regional instrument all on their own. Strong rules should facilitate participation of all stakeholders—public, private, and civil society groups—including those most affected by environmental harms, such as children, women, and indigenous groups. Without strong participation and official roles for civil society (e.g. on working groups or as vice chairs), this process will fail to meet the needs of those in each country in the region.
Now is the time to make the important decisions that will guarantee the Principle 10 Declaration process is successful. A strong foundation during the planning phase will lead to a strong regional instrument during the implementation phase. Developing a robust Principle 10 Convention just may ensure that we see fewer and fewer of those media reports on environmental and development conflict in Latin America and the Caribbean.
By Daniel Barragan (Posted: April 5, 2013)
Les invitamos a informarse del proceso de implementación un instrumento regional sobre el Principio 10 (acceso a la información, participación y justicia ambiental), acordado en la Declaración sobre la aplicación del Principio 10 de la Declaración de Río sobre el Medio Ambiente y el Desarrollo en América Latina y el Caribe, y del cual son suscriptores los gobiernos de Brasil, Chile, Costa Rica, Ecuador, Jamaica, México, Panamá, Paraguay, Perú, República, Dominicana, Trinidad y Tobago, y Uruguay.
El segundo boletín de la Iniciativa de Acceso resume el trabajo desarrollado por sus socios en la región para impulsar este proceso desde la sociedad civil!
By Lalaina Rakotoson (Posted: March 29, 2013)
From March 20-23, 2013, Ritwick Dutta of LIFE/Access Initiative India visited Madagascar, in response to an invitation from DELC/Access Initiative Madagascar. The trip and program were supported by GIZ, the German Cooperation through itsCivil Society Organizations Program. The objective of the visit was to share India’s experience on Green Tribunal, drawing lessons for Madagascar in its earlier process to establish a Green Tribunal.
The first two days were focused on training CSO representatives from all over Madagascar. Trainers included Ritwick, Lalaina, and four other Malagasy environmental lawyers. Training subjects included overview of Malagasy legal system, Common Law vs. Civil Law systems, national and international environmental law, Court procedures, international environmental disputes, and the experience of India on the establishment of Green Tribunal. A public conference-debate about “Green Tribunal and Madagascar special Court for Rosewood and Ebony” was held on the afternoon of March 22,2013 at Ibis Hotel, Antananarivo. Representatives from the Government, Civil Society Organizations, and NGOs were invited to attend the conference . We are grateful to Madagascar GIZ- Environment Program for supporting such important mission for Madagascar, and Ritwick for coming to Madagascar to share his experience in India. This South-South cooperation will be extended to other subjects such as extractive industries.
Lalaina Rakotoson National Coordinator, Access Initiative, Madagascar
For more photos of the Training and Conference click here
By Ana Maya (Posted: March 12, 2013)
Del 5 al 9 de marzo, se llevaron a cabo en la ciudad de Bogotá, la “Conferencia sobre el Desarrollo Sostenible en América Latina y el Caribe: Seguimiento de la Agenda para el Desarrollo después de 2015 y Río +20” y el “Foro del Caribe”. En estas reuniones participaron como parte de la sociedad civil: el Secretariado Global de la Iniciativa de Acceso, la Asociación Ambiente y Sociedad de Colombia, y CAINFO y GAIA de Uruguay.
Durante estos dos eventos hubo diversas intervenciones de los gobiernos haciendo alusión a la importancia de implementar el principio 10 al interior de los Estados, así como de crear mecanismos de transparencia y rendición de cuentas. Entre estas intervenciones se destacan las mencionadas a continuación.
Durante el foro del Caribe, Janice Miller, Subsecretaria de Asuntos Multilaterales del Ministerio de Asuntos Exteriores y Comercio Exterior de Jamaica, hizo una presentación sobre la implementación del Principio 10 de la Declaración de Rio. La señora Miller explicó en que consiste este principio y su relación con otros principios de la Declaración de Río. Luego hizo mención a la “Declaración sobre la Aplicación del Principio 10”, que fue firmada durante Río + 20 y que ya suma 12 Gobiernos, incluyendo el de Trinidad y Tobago, que adhirió durante la Conferencia. En dicha declaración los Estados de América Latina y el Caribe decidieron explorar la viabilidad de un instrumento regional sobre los derechos de acceso a la información, participación y acceso a la justicia en materia ambiental.
Posteriormente, Carolyn Rodrigues Birkett, Ministra de Relaciones Exteriores de Guyana, quien presidió la sesión del 5 de marzo, instó a los Estados del Caribe a firmar la mencionada declaración. La señora Ministra resaltó que el Principio 10 y los derechos de acceso son inseparables de los demás temas ambientales.
Durante la conferencia, José Luis Balmaceda, Embajador y Director de Medio Ambiente y Asuntos Marítimos del Ministerio de Relaciones Exteriores de Chile, en su presentación sobre el “Principio 10 de la Declaración de Río sobre el Medio Ambiente y el Desarrollo: hacia un instrumento regional”, señaló la importancia de la implementación del Principio 10. En relación con el proceso que inició con la “Declaración sobre la Aplicación del Principio 10”, el señor Ministro señaló que: “Estimados amigos, tenemos la oportunidad de impulsar un dialogo y profundizar estos derechos para favorecer una mayor inclusión social y acceso e intercambios justos y sostenibles de bienes y servicios sociales.”
En suma, las intervenciones y llamados de adhesión a la “Declaración sobre la Aplicación del Principio 10” resaltan la importancia de este proceso, y las posibilidades para que la región avance en la implementación de dicho principio.
Published: 2013
By Carole Excell (Posted: March 1, 2013)
A Side event entitled “The Latin America and Caribbean (LAC) Declaration on Principle 10” was held in Nairobi, Kenya at the UNEP Governing Council on Thursday 21st February to build countries and civil society awareness of the adoption of a Principle 10 LAC Declaration at the Rio+20 Conference in Brazil. There are currently eleven governments which are signatories to the P10 Declaration adopted as an official Rio + 20 outcome. These countries are; Brazil, Chile Costa Rica, Dominican Republic, Ecuador, Jamaica Mexico Panama , Paraguay , Peru and Uruguay. The LAC Principle 10 Declaration launched a process to create a regional instrument to promote transparency, inclusiveness and accountability in environmental decision-making in the region. The Side event featured speakers from the Government of Chile, Dominican Republic, Mexico as well as civil society representatives from Center for International Environmental Law(CIEL) and The Access Initiative (TAI).
Mr. Julio Cordano Head of the Department of Sustainable Development Ministry of Foreign Affairs Chile noted in his address that the implementation of Principle 10 is a logical reaction to social and political challenges of the region. The region had made a lot of progress but securing these rights to transparency, participation and justice in practice is uneven. He stated that Chile’s support of this process is predicated on a need to continue to prevent environmental conflicts and strengthen social cohesion. Chile has a vision of creating a robust regional instrument that addresses access rights in LAC which is both useful for governments and civil society.
The representative from the Dominican Republic Ms. Karina Mena, Chief of Staff of the Office of the Minister of the Environment and Natural Resources, spoke of the process adopted since signing the Declaration. She noted that Economic Commission for Latin America and the Caribbean ECLAC had been appointed as the technical secretariat for the Declaration . She mentioned the negotiation of a “Road Map” for achieving the objectives of the Declaration in Chile in November of last year. She indicated that the countries within the process had a commitment to create and develop an action plan to facilitate further regional cooperation, capacity building and design of a regional instrument.
Marcos Orellana, Director Environmental Health Program from CIEL then provided context for the adoption of the Declaration including the development of democracy after decades of dictatorships; increasing civil society demands for public participation and a struggle to re-discover the buried codes of LAC identity. He noted that Rio+20 had reaffirmed that environmental governance is central to sustainability and that rights to information, public participation and justice are central to environmental governance. He suggested that the Declaration does not define which form the LAC P10 Instrument should take. There are several options on the table including guidelines; capacity building and a legally binding instrument. He noted that the idea of a legal instrument held most promise as it could provide legal tools to secure the effective enjoyment of access rights. Laws are indispensable to give effect to access rights, and a Convention enables adoption of adequate internal laws; channels development and technical assistance to strengthen institutional capacities and fosters greater political stability within countries and in the region.
Carole Excell Senior Associate from the Access Initiative, World Resources Institute then spoke about proposals for civil society participation in the LAC Principle 10 Process. She noted that Governments that have signed the LAC Principle 10 Declaration asked for input from experts to prepare a draft proposal for participation that could be considered to be included as part of the Draft Action Plan to the Principle 10 Declaration. The TAI Secretariat convened experts groups to come up with a draft proposal and then reached out to civil society from the region in each of the countries which had signed the declaration to provide comments on this basic proposal. She noted that a draft has now been prepared and submitted to the Governments leading this process which includes provisions on (i)Scope ( ii)Public Participation Rights (iii)Right to submit proposals (iv) Levels of participation (iv) Rights to witness and intervene (v) Engagement and consultation at the national level. This proposal will be presented to civil society at an ECLAC meeting in Columbia open to contribution by others and thereafter to the next focal point meeting. She mentioned innovative provisions that had been suggested including (1) A provision that the “public” natural or legal person has a right to contribute to the process (2) A default position of open meetings (3) A right of access to all official documents of the meeting (4) Allowance of submission of proposals by civil society and the right to intervene in the order requested unless otherwise determined by the chair (5) Inclusion of a Civil Society represenation to participate in agenda setting and program activities (i) Review the 2014 Action Plan, in whole or part, (ii ) Develop proposals for consideration by the Focal Points, (iii) Prepare the agenda for meetings of the Focal Points and, (iv) Suggest topics for the agenda of the meetings of Focal Points. (6) Mechanisms to encouraging participation at the national level (7) Proposals for Capacity building for engaging the public in the process.
Finally Mr. Alejandro Riveria Director of Environmental Governance, Ministry of Foreign Affairs, Mexico closed the meeting by reiterating that the signatories sought to engage more countries in signing the LAC P10 Declaration and approving the road map which were the only requirements to engage in this process. He spoke of México’s commitment to this process. He noted this process has an ability to allow an assessment of strengths and weaknesses on capacity building, and also opportunities for funding to be sought to address country level needs towards building an appropriate regional instrument.
By Elizabeth Moses (Posted: January 31, 2013)
Beijing’s hazardous air quality made the news around the world as the density of PM2.5 particulates surpassed 700 micrograms per cubic meter in many parts of the city on Saturday, January 12th for the first time in memory.
Based on measurements taken from an air-quality monitoring device located on top of the United States Embassy, the Washington Post reported the highest level reached 755, which correspond to a PM2.5 density of 886 micrograms per cubic meter. The U.S. Environmental Protection Agency’s air quality index goes up to only 500, and the agency advises that anything greater than 300 would trigger a health warning of “emergency conditions.” The World Health Organization considers a safe daily level to be 25 micrograms per cubic meter.
But these dangerous levels and the potential health impacts are only part of the story. The lack of information about air pollution and citizen’s demand for better transparency has also made the news. The New York Times reported that in response to this crisis, Chinese citizens are demanding municipal government release more air quality data. The Washington Post reported this public outcry may have helped put pressure on the state run media – which usually avoids criticizing the government on such topics – to run reports and editorials acknowledging the problem and demanding solutions.
These issues are at the heart of WRI’s “Strengthening the Right to Information for People and the Environment” (STRIPE) project. The STRIPE Project seeks to create new, effective opportunities for freedom of information law implementation and improvement in access to information about air and water and pollution control regulation in Thailand and Indonesia in heavily polluted communities. More information about the STRIPE project can be found athttp://prezi.com/18icfmq7nxdj/stripe/.
As part of this project WRI brought government and civil society partners from both countries to Washington DC to learn about the latest programs and means to facilitate access to environmental information by citizens. This study tour was an opportunity to build the capacity of partners and consensus on how to move the access to environmental information agenda forward. For more information, see the attached Study Tour outcome document.
As part of our effort to deepen and broaden this work, WRI is hosting a regional meeting in Jakarta, Indonesia, April 29 – May, 2013. Participants will include STRIPE partners, experts from China, Philippines and Mongolia, international governmental agencies, government officials, and freedom of information professionals. We will use this opportunity to reflect on:
The findings of the STRIPE project and draft action plans developed by ICEL to improve access to environmental information in Indonesia to enhance regional understanding of the current status of right of access to environmental information and issues faced by communities and activists.
Possibilities for peer learning about access to environmental information in order to assess the validity of utilizing freedom of information laws to promote proactive release of environmental information (theory for change).
How to share experiences and learning both by government national agencies, donor agencies, freedom of information activists and communities and assess opportunities to expand STRIPE to the invited countries for wider regional impact.
It shouldn’t take life threatening air quality to highlight the importance of better environmental protection and demand for better access to environmental information. But it does illustrate the urgency of the work we are undertaking and the need for strong access to information regimes around the globe.
By Paula Fuentes (Posted: January 15, 2013)
El día 11 de Enero del 2013 en el marco del Encuentro Regional del Open Government Partnership realizado los días 10 y 11 de Enero en la sede de la CEPAL en la ciudad de Santiago de Chile, Andrea Sanhueza se reunión con varias Organizaciones y redes de la sociedad Civil de LAC para darles a conocer el proceso que 11 países han iniciado al firmar la Declaración para la Implementación del P10 De La Declaración de Río sobre Medio Ambiente y Desarrollo. Estos 11 países son Brasil, Costa Rica, Chile, Ecuador, Jamaica, México, Panamá, Paraguay, Perú, República Dominicana y Uruguay. Aprovechando la participación de diversas ONG’s en este Encuentro Regional del OGP, la representante de la Iniciativa de Acceso se reunió con Karina Banfi, Secretaria Ejecutiva de la Alianza por la Libre Expresión e Información, Zoe Reiter Gerente Regional de Programas Departamento de las Américas de Transparencia Internacional, Anabel Cruz de la Red Regional sobre Rendición de Cuentas y Emilene Martínez Coordinadora de la Sociedad Civil para América Latina del OGP. Estas representantes de redes se comprometieron a difundir información sobre el proceso de ALAC para un instrumento regional del P10 entre sus asociados y promover que los interesados/das tomen contacto con la Iniciativa de Acceso. Además Acción Ciudadana de Guatemala, a través de su Director Ejecutivo Sr. Manfredo Marroquín aceptó ser la organización de contacto de la Iniciativa de Acceso para este proceso regional.
By Peter Veit and Gilbert Sendugwa (Posted: December 18, 2012)
This article was written by Peter Veit and Gilbert Sendugwa and orginally posted on WRI Insights
Open government requires an open executive branch, an open legislature, and an open judiciary. Historically, however, global attention to government transparency and access to information has focused on the executive branch.
But this may finally be changing. In April of this year, 38 civil society organizations from around the world convened in Washington, D.C. and agreed to work together to advance open parliaments. In September, more than 90 civil society organizations from more than 60 countries launched the Declaration on Parliamentary Openness in Rome.
Civil society attention on lawmakers and legislatures is critically important—especially in Africa, where parliaments have long worked behind closed doors (most legislatures on the continent are parliaments). Transparency is needed for civil society to hold legislators accountable for their decisions and actions, and to ensure they are responsive to the needs and concerns of their constituents.
A History of Closed Government
In 2008, the World Resources Institute published On Whose Behalf: Legislative Representation and the Environment in Africa. The report identified a deep disconnect between African lawmakers and their electors. For various reasons, most citizens have a limited, often erroneous understanding of the formal lawmaking, executive oversight, and representation responsibilities of legislators. Rural people in particular view lawmakers principally as development agents and press them to bring projects to their districts. In response, many legislators work to find resources to build schools, dispensaries, wells, roads, and other infrastructure and assist their constituents with personal matters. As a result, however, elections are often referendums on how many projects lawmakers brought to their communities—not on which laws they supported or how effectively they shadowed line ministries to ensure effective performance.
Indeed, while many citizens are aware of the development efforts of their legislators, most do not know if they voted on bills or took other actions in parliament that are consistent with their campaign pledges, political party positions, or the priority needs of constituents. Few monitor the performance of their lawmakers in parliament and hold them accountable for their constitutional roles. When voters pay little attention to how legislators act in parliament, lawmakers can be influenced by government leaders, political party officials, and other powerful actors whose interests may diverge from those of their electors.
Citizens interested in monitoring legislator actions face difficulties because of the dearth of information in the public domain. In many African countries, parliamentary sessions are not broadcast live on television, radio, or over the internet; committee meetings are closed to the public; parliamentary inquiry reports are not public documents; and Hansards—the official reports of parliamentary debates—are not available in a timely manner or translated into local dialects. Of particular note, individual votes by African lawmakers on bills and motions are not commonly recorded and made available to the public.
Some civil society organizations, such as the Parliamentary Monitoring Group in South Africa, are making efforts to monitor the performance of legislators, select committees, and the full house. Given the lack of public information, however, their efforts must often rely on reviewing (frequently dated) Hansards and interviewing lawmakers and electors. These efforts are costly and time-consuming, and the data collected does not always provide a useful or accurate assessment of overall performance. In Kenya, Mzalendo examined attendance in parliamentary sessions, partly because such records are among the few available to the public. When their findings showed that many lawmakers rarely attended sessions, the resulting public outcry led to an immediate improvement in performance—a testament to the importance of parliamentary monitoring and accountability.
Ways to Open Up African Legislatures
For lawmakers to be accountable to their constituents, voters need information to evaluate legislator performance. In most democratic systems, legislatures are transparent in their proceedings. In the United States, United Kingdom, and other nations, lawmaker votes are routinely recorded and released to the public. Civil society organizations examine these voting records and other information to measure legislator performance. For example, the League of Conservation Voters examines voting records on critical environmental bills at several government levels to identify “green” and “dirty” lawmakers. Voters who prioritize environmental matters consider this information as they go to the polls. Also in the United States, the Participatory Politics Foundation established and manages OpenCongress—a free, open-source, not-for-profit, non-partisan public resource website.
Donor agencies, including some private foundations, are investing in efforts designed to strengthen legislatures in Africa. Few of these projects, however, focus exclusively on promoting transparency. More efforts are needed to open legislatures. These efforts include projects that support lawmakers in establishing rules of procedure that promote public participation and transparency, as well as projects that support civil society to press parliaments to become more open in their dealings.
Global transparency norms can also help African legislatures become more open. Efforts could focus on a single issue—such as a campaign to have all legislatures systematically record and release individual member votes on bills—or they could address a broader set of transparency measures. Both strategies are used in other contexts. The Extractive Industry Transparency Initiative is focused narrowly on the disclosure of company payments and government revenues from petroleum and minerals. In contrast, Open Contracting is a global campaign to increase disclosure and participation in public contracting, from the pre-award activity stage through contract award to implementation and maintenance.
Until legislatures become more transparent, citizens will be challenged to hold their lawmakers accountable. The time to open Africa’s legislatures is now. Only then will legislatures—the most direct line that government has to the people—become a truly effective branch of government.