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Topics: Access to Justice

Environmental Writes: What’s Happening Across the TAI Network

By DGiordano (Posted: May 11, 2015)

Launch of the Environmental Democracy Index: May 20

The Access Initiative and the World Resources Institute will be launching the Environmental Democracy Index on May 20 in Washington, DC. The Environmental Democracy Index (EDI) is a new, interactive online tool and the first index to measure and rank countries’ commitments to access to information, public participation, and access to justice in environmental matters. Stay tuned for more information about TAI member country launches of the EDI results. If you are interested in staying up-to-date about EDI, email access@wri.org to receive email updates or follow us on social media! Learn more.

New Video Series

The Access Initiative in Latin America and the Caribbean (Iniciativa de Acceso en América Latina y el Caribe) has developed a new series of videos highlighting the work of TAI in Latin America and the importance of access rights. Check out the videos: What purpose do access rights serve?, What is Principle 10 of the Access Declaration? and Towards a regional convention on Principle 10 of the Rio Declaration. In addition, six TAI partners from across Latin America and the Caribbean were elected to serve as public representatives in the upcoming Principle 10 negotiations in Chile. Congratulations to all of them!

New Members

The Access Initiative is excited to introduce several new individual and organizational members to the TAI network! We look forward to forging strong partnerships and working together to ensure that people have the right to public participation, access to information, and access to justice in decisions about their environment. Please join us in welcoming the following new members.

Green Alternative

Green Alternative strives to protect the environmental, biological, and cultural heritage of Georgia by promoting economically sound and socially acceptable policies, establishing the principles of environmental and social justice, and upholding public access to information and decision-making processes. Green Alternative’s work consists of specific projects and policy campaigns. Its current advocacy campaigns include a campaign on hydropower development projects that pose significant threats to the environment and local communities, a campaign on transportation development projects, a campaign on transparency of privatization processes, as well as policy-level campaigns targeted at improvement of energy, forest, land governance, EIA processes, and access rights. In 2004, Green Alternative received the Goldman Environmental Prize in recognition of the organization’s incredible work for environmental protection, social justice, and equity

Ana Lucia Maya Aguirre, Colombia

Ana Lucia Maya Aguirre is a Fulbright Colombian scholar pursuing an LL.M. in Energy and Environmental Law at Tulane University. Ana is an experienced advocate and litigator on human rights before national and international bodies. Her work has focused on a number of issues including comparative and international law, forced displacement, environmental migrations, human rights, environmental governance, indigenous peoples’ and Afro-descendants’ rights, and the Inter-American System of Human Rights.

Masami Kittaka, Japan

Masami Kittaka is a Japanese lawyer. She is an active member of Japan Endocrine-disruptors Preventive Action (JEPA), a Japanese NGO working on chemical issues. She is also a member of Aarhus Net in Japan, a network organized to realize principles in the Aarhus Convention in Japan. Masami is interested in issues related to the environment, corporate social responsibility, and public participation.

Lebanese Oil & Gas Initiative, Lebanon

The Lebanese Oil & Gas Initiative (LOGI) is a non-governmental organization based in Beirut that promotes the transparent and sound management of Lebanon’s oil and gas resources. They aim to develop a network of Lebanese experts in the global energy industry and provide them with a platform to educate Lebanese policy makers as well as Lebanese citizens on key decisions facing the oil and gas industry. They focus on public awareness, policy development and advocacy, capacity building, and technical assistance to help Lebanon maximize the economic and social benefits of its oil and gas wealth – and avoid the resource curse.

The Access Initiative: Priorities for 2015

Carole Excell (Posted: February 9, 2015)

It can be very hard sometimes to set down hopes, dreams and resolutions in writing. This year, the Access Initiative decided it was time to illustrate the network’s hopes and wishes for 2015.

The Access Initiative is a network of civil society organizations working all over the world to ensure that decisions being made about the environment are open, participatory and fair. We collaborated with one of our amazing members, Margaretha Quina from the Indonesian Center for Environmental Law, to come up with images that represent 8 priorities for 2015.

We believe the achievement of this vision will help ensure the protection of people and a healthy planet.

View the full image here.

Research Reveals Jamaicans Still Have Limited Access to Information Despite Legislation

Rachel Mulbry (Posted: December 9, 2014)

A new report reveals that Jamaica’s progress on public participation and access to information is inadequate despite having enacted laws and establishing governance structures to enable this. The published report is the outcome of a partnership between The Jamaica Environment Trust (JET), Windsor Research Centre, Caribbean Coastal Area Management Foundation (CCAM) and the North Cockpit Country Local Forest Management Foundation to assess the state of access rights in Jamaica.

Access rights are: access to information, public participation and access to justice. The Jamaican TAI assessment, conducted over the period November 2013 to June 2014, was based on research using eighteen case studies that involve the use of access rights. The case studies covered a wide range of issues such as emergency events, air and water quality testing, approval of projects and reporting from facilities. These case studies were chosen for their relevance to areas of important biological diversity such as Cockpit Country, the Portland Bight Protected Area and Black River.

Entitled, “Environmental Information, Participation and Justice: An Assessment by The Access Initiative Jamaica”, the report reveals that while Jamaica has made significant strides in enacting laws on Access to Information and establishing independent and impartial courts and tribunals, there are severe limitations in the laws and practice in granting rights to the public to learn about and participate in projects, environmental policies and plans. A worrying issue uncovered is the delay in receiving decisions of courts and tribunals on environmental matters. This was highlighted in the case study of a request for information regarding the lease agreements for the Falmouth Cruise Ship pier made in September 2012. The request was denied by the Port Authority of Jamaica and an appeal was filed by JET to the Access to Information Appeals Tribunal. The appeal was heard on November 25, 2013 and December 3, 2013 and over one year later, the parties have not yet received the Tribunal’s decision.

The report not only identifies shortcomings in laws and practice but also outlines recommendations for reform. “It is anticipated that these findings will assist the Jamaican Government and civil society to make effective changes to promote access rights and strengthen the public’s voice in decisions that affects the environment and quality of life”, says Danielle Andrade, Legal Director of JET.

The TAI Jamaica Report was launched on November 20, 2014 at the Terra Nova Hotel in Kingston. The Jamaican coalition is part of The Access Initiative (TAI), a global coalition of civil society groups working to promote better access to information, participation, and justice in national‐level decisions that affect the environment in over 50 countries. The report was funded by the Critical Ecosystems Partnership Fund through a grant to the World Resources Institute (WRI) which is the secretariat for The Access Initiative (TAI). The report is now being circulated to key GOJ stakeholders and civil society partners. Read the executive summary here.

South Africa Reaffirms Right to Access Environmental Information

By Rachel Mulbry (Posted: December 3, 2014) 

For years, residents in the Vaal Triangle, near Johannesburg, South Africa, complained of groundwater contamination from the nearby steel industry. Environmental activists with the Vaal Environmental Justice Alliance (VEJA) realized over a decade ago that having access to information about the industry’s environmental impacts would be essential in order to hold major polluters accountable for potentially illegal contamination. After years fighting in the courts, VEJA’s efforts were reaffirmed on November 26, 2014 by a Supreme Court of Appeal decision that dismissed an appeal by steel giant Arcelor Mittal (AMSA), forcing the company to release its Environmental Master Plan to VEJA. The Master Plan contains the documentation of pollution levels at AMSA’s facilities in the region, as well as its plans for environmental remediation. In their appeal, Arcelor Mittal argued that VEJA’s request to the company for environmental information, made in 2011 under South Africa’s Promotion of Access to Information Act (PAIA), was too vague and usurped the responsibilities of environmental regulatory agencies. The Supreme Court decision countered these arguments, stating that VEJA’s request was made in the public interest. The Court’s decision explained that in order to prove public interest, the requestor must supply a legitimate rationale for why the information is “reasonably required for the exercise or protection of his or her rights.” Arcelor Mittal’s history of environmental contamination in South Africa legitimated VEJA’s claim that access to information about the company’s environmental impacts was in the public interest. The case also highlighted the strategic legal value of comparing a company’s actions to their social and environmental commitments. Multiple annual reports from Arcelor Mittal contain a commitment to engage key stakeholders, including environmental organizations and affected communities. The company’s decade-long refusal to provide VEJA with relevant environmental information despite these commitments highlighted the discrepancy between company policy and actions. Robyn Hugo, an attorney at the Centre for Environmental Rights, which represented VEJA in the case, reiterated that the ruling “confirmed that this approach is not only disingenuous, but unacceptable.” Most importantly, the Court upheld the constitutional provision that “everyone has the right to an environment that is not harmful to their health or wellbeing” and highlighted the intrinsic connection between this right and the right of access to information. As VEJA Coordinator Samson Mokoena explained, “this judgment confirms what we have known all along – that we have a Constitutional right to know what AMSA’s impacts are on our health and the environment. Polluting companies like AMSA can no longer to try to hide this kind of information.” Moving forward, the ruling will have important implications for the governance of resource-intensive activities, including South Africa’s large mining sector. No longer will companies be able to safely assume that they can ignore or refuse requests for environmental information while publicly espousing good governance and a commitment to environmental protection. As the Court ruling concluded, “Corporations operating within our borders, whether local or international, must be left in no doubt that in relation to the environment in circumstances such as those under discussion, there is no room for secrecy and that constitutional values will be enforced.” This is an important victory for VEJA, the Centre for Environmental Rights and the residents of the Vaal Triangle. It is also represents a significant step forward for access rights champions across South Africa. The Access Initiative congratulates all those who worked to achieve this outcome. The complete Supreme Court of Appeals ruling can be found here.

Recommendations of the High Level Committee to Review Environmental Laws in India

By Preetadhar (Posted: November 25, 2014)

Soon after the election of the new Government, a “High Level Committee” was constituted to review a list of Acts administered by the Ministry of Environment, Forests and Climate Change (MoEF&CC), namely: – Environment (Protection) Act, 1986 – Forest (Conservation) Act, 1980 – Wildlife (Protection) Act, 1972 – Air (Prevention and Control of Pollution) Act, 1974 – Water (Prevention and Control of Pollution) Act, 1981

The Committee was chaired by T.S.R. Subramanian, a former Cabinet Secretary, and comprised three other members, a retired judge of the Delhi High Court, former Secretary of the MoEF&CC and former Additional Solicitor of India.

After approximately 3 months of its constitution, and holding some regional Meetings, the Committee submitted its recommendations to the Government. We have been able to access a summary of the recommendations, which provides an insight into the possible direction of reform of framework of environmental laws in India.

Summary of Recommendations

  1. Identify and pre-specify ‘no go’ forest areas, mainly comprising “Protected Areas” and forest cover over 70% canopy.

  2. MoEF&CC to define the term ‘forest’.

  3. Offer economic incentives for increased community participation in farm and social forestry by way of promoting and proving statutory safeguards to ‘treelands’ as distinct from forest.

  4. Plantation of approved species on private lands for compensatory afforestation with facility for ‘treeland’ trading.

  5. Revise procedure for clearance under Forest (Conservation) Act to reduce the time for granting clearance, without compromising the quality of examination. For linear projects it is recommended that The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 needs amendment to consider removal of the condition of Gram Sabha approval.

  6. The compensatory afforestation (CA) guidelines be revised; CA on revenue land to be enhanced to 2:1 as against 1:1 at present; CA in degraded forest land be now fixed at 3:1; the Net Present Value (NPV) should be at least 5 times the present rates fixed. An appropriate mechanism to be created to ensure receipt of the CA funds, and their proper utilization, delinking the project proponent from the CA process, after he obtains other approvals, and discharges his CA financial obligations.

  7. The quantum of NPV for compensatory afforestation needs to be sharply increased. A reliable mechanism for ensuring that CA is actually implemented, utilising either private or forest land, needs to be put in place.

  8. Schedule 1 to be amended to include species likely to be threatened by illegal trade. An expert group should review the existing Schedules and address discrepancies relating to several species and sub species.

  9. Regarding the issue of tackling damage to agriculture and farmland, the MoEF&CC may issue circulars to all states apprising them of the legal position, suggesting that they may take appropriate action based on legal provisions.

  10. Preparation of Wildlife Management plans should be made mandatory and a provision to this effect inserted in the Wildlife Protection Act.

  11. Amend the Wildlife Protection Act [Section 26A sub section (3) and section 35(5)] so that permission from the Central Government would only be necessary when the State Government proposes to reduce the boundaries of an existing protected areas.

  12. Manufacture and possession of leg and mouth traps should be completely prohibited, except where they are required for visual display for educational purposes.

  13. Officers entrusted with the task of settlement should be given minimum tenure of 2 years. Regular review of such work should be done to ensure completion within time.

  14. ‘Expert status’ to be given to the forensic facility of Wildlife Institute of India (WII), after suitably strengthening it.

  15. Amend provisions of the Wildlife Protection Act [Section 50 and 55] to provide for adequate and purposeful delegation appropriate for faster and better prosecution in respect of a wildlife crime.

  16. Authorise officers of the Wildlife Crime Control Bureau under the MoEF&CC to file complaints in Courts.

  17. Add Polythene bags and plastic bottles as “injurious substances” and ban their use inside sanctuaries by amending the Wildlife Protection Act

  18. MoEF&CC to take immediate steps for demarcation of eco-sensitive zones around all the protected areas; States may be asked to send proposals in a time-bound manner.

  19. Delegate the powers to approve applications for bona fide observations research, through photography, including videography to the level of Park Director after verifying the credentials.

  20. The Schedules should provide appropriate provision for taking into account the needs of local festivals, subject to no harm or injury to animals.

  21. Proposals to revamp this project clearance / approval process.

  22. Create National Environment Management Authority (NEMA) at Central Level and State Environment Management Authority (SEMA) at the state level as full time processing / clearance / monitoring agencies.

  23. Proposed composition, functions and responsibilities of NEMA.

  24. Proposed composition, functions and responsibilities of SEMA.

  25. Proposed revised project approval process envisages ‘single window’ unified, streamlined, purposeful, time bound procedure.

  26. Special treatment for linear projects, power / mining and strategic border projects.

  27. Review of A/B category units, to delegate a large number brought under the purview of SEMA.

  28. The present monitoring process, exclusively based on physical inspection should be strengthened by induction of technology, measuring instruments incorporating latest improvements; the standards setting and verification systems need to be tightened, to ensure all violators are identified.

  29. (i) Create a new ‘umbrella’ law- Environmental laws (Management) Act (ELMA) – to enable creation of the institutions NEMA and SEMA. (ii)Induct the concept of ‘utmost good faith’, holding the project proponent responsible for his statements at the cost of possible adverse consequences

  30. The new law to prescribe new offences, as also for establishing special courts presided over by session judge. ‘Serious offences’ as defined to attract heavy penalties, including prosecution / arrest.

  31. Abatement of central and State Pollution Control Boards on creating of NEMA/SEMA.

  32. Suggestion for incorporation of noise pollution as an offence in Environment Protection Act.

  33. Procedure for appeals- creation of an appellate tribunal.

  34. Judicial Review role of National Green Tribunal.

  35. (i) Establish a National Environment Research Institute, through an Act of Parliament. (ii) Identify specific technical institutions / universities in India to act as technical advisors to the proposed NEMA/SEMA and other environmental enforcement agencies, to provide credible technical back-stopping for management of the environment.

  36. An Indian Environment Service may be created, as an All India Service, based on qualifications and other details prescribed by MoEF&CC/DoPT/UPSC.

  37. Encourage specialization in the Indian Forest Service in various aspects of forests and wildlife management, among the members of the service, as well as familiarity with all aspects of management of environment.

  38. The MoEF&CC may like to undertake a comprehensive review of departmental forces management policies, practices and procedures, to initiate wide-ranging improvements and reforms. This preferably should not be an internal exercise, and should include independent knowledgeable experts from India and abroad, as well as qualified researchers.

  39. The MoEF&CC may consolidate all existing EIA notifications/ circulars/ instructions into one comprehensive set of instructions. Amendments or additions may normally be done only once a year.

  40. The MoEF&CC may arrange to revamp the Environment Protection Act, by inducting relevant provisions of the Water Act, 1977 and the Air Act,1981; the latter two could be repealed, when the revamped EP Act, 1986 comes into force. This exercise may be done keeping in view the provisions of the proposed Environment Management Act.

  41. Create an Environment Reconstruction Fund for facilitating research, standard setting, education and related matters.

  42. (a) While overall responsibility vests with the ministry, the State Governments and the local bodies will play an effective role in management of the environment. (b) The Government should provide dedicated budgetary support for environmental programmes as a part of each development project in all the sectors

  43. Creation of a comprehensive database, using all instruments available, on an ongoing basis, in respect of all parameters relating to environment

  44. Environmental mapping of the country, using technology, should be undertaken as an ongoing process.

  45. Identification & recovery of environmental reconstruction cost relating to each potentially polluting unit should be built in the appraisal process.

  46. Rework the system of empanelment of ‘consultants’.

  47. A ‘green awareness’ programme needs to be sponsored, including issues relating to environment in the primary and secondary school curriculum

  48. MoEF&CC should prepare regional plan for carrying out remediation of polluted sites in consultation with the State Governments and enabling provisions should be incorporated in Environment Protection Act for financing the remediation task.

  49. Municipal Solids Waste (MSW) management has not been given requisite attention hitherto. New system and procedures for handling MSW need to be in place early for effective management of MSW and with accountability. Cities should set a target of reaching 20% of current level in 3 years time to work out a mitigation plan

  50. Concerted multi-pronged effort to not only to contain, and improve the situation of deterioration of air quality by vehicle emission.

  51. Encourage the use of science and technology, including by the approval and enforcement agencies.

  52. Finalise the CRZ demarcation, and bring it into public domain.

  53. In view of the key role played by the power sector, as also mining of various minerals in national development, NEMA may have a suitable cell, with specialisation, to speedily deal with environmental approvals in these sectors, with due regard to environmental considerations.

  54. All specified type of units would employ fully qualified technical personnel to manage their pollution control / management equipment, and to keep the emission levels within prescribed limits.

  55. MoEF&CC may consider reworking standard setting and revising a system of financial penalties and rewards to proceed to a market-related incentive system, which encourages ‘green projects’.

COMUNICADO: Latinoamérica y el Caribe iniciaran en el 2015 la negociación de un convenio regional sobre los derechos de acceso

By Daniel Barragan (Posted: November 19, 2014)

El inicio de esta negociación es una buena noticia para la región ya que significa que en el mediano plazo los países de América Latina y el Caribe (ALC) contarán con un instrumento para garantizar un ejercicio efectivo de los derechos de acceso y para una mejor canalización y resolución de los crecientes conflictos socio-ambientales, con el consiguiente mejoramiento de la gobernabilidad democrática.

Con el compromiso asumido el pasado 6 de noviembre en Santiago de Chile por parte de los Gobiernos de Latinoamérica y el Caribe, y que da vida a un comité de negociación de un instrumento jurídico internacional, la ciudadanía de la región está cada vez más cerca de contar con una herramienta de carácter internacional que garantice la aplicación efectiva de los derechos de acceso a la información, participación y justicia en asuntos ambientales. Los llamados derechos de acceso, esenciales para la protección de nuestros recursos naturales, la garantía de los derechos de las comunidades y el desarrollo sostenible de nuestros países.

Representantes de 19 países de América Latina y el Caribe firmantes de la Declaración del Principio 10 -que promueve los derechos de acceso a la información, participación y justicia en asuntos ambientales-, junto con representantes de los países observadores y actores de la sociedad civil, se congregaron en la Cuarta Reunión de los Puntos Focales designados por los gobiernos de los países signatarios de 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 realizada del 4 al 6 de noviembre en la sede de la CEPAL en Santiago, Chile. Como resultado de esta reunión se aprobó la Decisión de Santiago, en la cual se incluyeron puntos fundamentales para la continuación de la negociación regional, entre ellos la adopción de los contenidos de San José (provenientes de la anterior reunión de grupos de Trabajo en Costa Rica), como índice de temas para la negociación del instrumento, la creación de un comité de negociación en el que se reafirma la importancia de la participación del público, y la inclusión de nuevos países en la Mesa Directiva encargada de dirigir el proceso.

Environment Clearance for Thermal Power Plant in India Quashed for Inadequate Environmental Impact Assessment

By Preetadhar (Posted: November 17, 2014)

On 10 November, 2014, in a significant decision, the National Green Tribunal (NGT) – the specialized environmental court in India – quashed the Environment Clearance (EC) for the 3600 MW thermal power plant of IL&FS in Tamil Nadu. The Tribunal held that the project proponent had a “casual approach” in conducting the cumulative impact assessment of the project, which was based on incomplete information and “non-existent” standards. It also held that the EC was granted by the Ministry of Environment and Forests (MoEF) without application of mind.

The project is proposed to be a developed as a part of a Petroleum, Chemicals and Petrochemicals Region (PCPIR) with a port, several industries and associated development of infrastructure. Further, the area – proposed in the close proximity of Cuddalore Industrial Area (SIPCOT) – has a high Comprehensive Environmental Pollution Index (CEPI) index, and was, until recently, classified as a “critically polluted area”. It is also located close to the Pichavaram mangroves – an ecologically fragile ecosystem. However, although the Environment Impact Assessment (EIA) requires a study of the cumulative impact of the project, the project proponent had mentioned that there would be no cumulative impact, and did not provide any information of other “existing or planned projects” in the area. In light of this, in 2012, the NGT had stayed the EC and directed the project proponent to conduct cumulative impact assessment studies.

Following this, the project proponent conducted a “Rapid Cumulative Impact Assessment” within a period of only 2 weeks. No baseline data was collected and a large number of projects were not considered. “The project proponent considered the data available for eight industries only whereas … there are at least 45 industries in 25 km radius of the project and no reasons have been given as to why the same have not even found a mention in the study”, observed the Tribunal. Moreover, it was claimed that future projects are not even required to be considered to be part of the CIA. Ironically, the “Technical EIA guidance manual for thermal power plants” prepared for the MoEF by IL&FS Ecosmart Ltd, a sister concern of the project proponent itself, specifically mentions that all direct and indirect impacts of all reasonably foreseeable projects are required by be taken into account. Most shockingly, the standards used for the entire study were the “non-existent” National Ambient Air Quality Standard (NAAQS), 2005. The relevant standards are NAAQS 2009, which replaced the earlier NAAQS 1998. There is nothing known as NAAQS 2005. On the basis of these findings, the Tribunal categorically held that the Cumulative Environmental Impact Assessment was inadequate and erroneous.

The judgment also underlines the fact that a careful scrutiny of the EIA report by the Expert Appraisal Committee (EAC) and the MoEF is an equally important part of the EIA process. The Tribunal was severely critical of the “casual approach” of the EAC. The “expert” appraisal committee approved the project without any application of mind. So much so, they did not even notice the fact that the entire study was conducted on the basis of non-existent standards and several pollutants and industries were inexplicably omitted. The MoEF, too, was no better. Only certain cosmetic and irrelevant conditions were imposed and “the MoEF did nothing more than merely reiterating the conditions previously stipulated … in different language”, observed the Tribunal.

The judgment marks a watershed moment in environmental litigation in India. Through its categorical findings, it brings to light the systemic failure across several levels – the cost of which is reflected in severe environmental degradation. This lays the groundwork for a better quality of EIA as well as scrutiny of EIA by regulatory authorities.

The judgment can be accessed at http://greentribunal.gov.in/Writereaddata/Downloads/50-2012(PB-I)(APL)-10-11-2014.pdf

Photo Essay: A Global Gathering for Environmental Rights

Article by Alisa Zomer, Yale F&ES ’14 (Posted: November 10, 2014)

The murals and graffiti that define public space in Bogota give an impression of the country’s creativity, diversity, and struggle. Emerging from a period of political and social unrest, Colombia is enjoying a period of economic growth and positive international attention. As an example of what is possible, Colombia is the perfect place for civil society to gather from around the world to learn from one another, share strategies, and get energized to move on important environmental rights. This year’s gathering, hosted by Colombian Asociacion ambiente y sociedad, had 95 representatives from over 40 countries. It focused on the intersection between technology and forest management. A defining moment of diversity and group-think was during the exercise “Agree, Disagree, Unsure.” Participants came up with controversial statements (i.e. ‘using technology is necessary for environmental protection,’ ‘democracy does not work for the environment,’ ‘business must be part of the solution,’ ‘there is no sustainable mining,’) and were asked to take a position and discuss. It was valuable to see the wide range of positions on seemingly simple issues and especially interesting experiencing participants persuade others to join their side – all with appreciation and respect.

View the full story here: http://epi.yale.edu/the-metric/photo-essay-global-gathering-environmental-rights

A Spotlight on Participants of the Fifth Global Gathering

By Carole Excell (Posted: October 27, 2014)

The Fifth Global Gathering of the Access Initiative in Bogotá, Colombia is fast approaching and we are excited to be convening a diverse group of civil society and community leaders from around the world. We look forward to sharing successes, challenges, and ideas around how information and technology can be used to better protect forests and improve community rights. The Access Initiative Secretariat is pleased to spotlight five participants of this year’s Global Gathering who are engaged in a variety of issues around forests, governance, community rights, and data. Rika Fajrini, Indonesian Center for Environmental Law (Indonesia) Rika Fajrini earned her bachelor degree at law from Universitas Indonesia majoring in law and social welfare. During her career at the Indonesian Center for Environmental Law (ICEL), she has been involved in several programs related to capacity building for environmental law enforcers such as the Environmental Judges Certification Program (in cooperation with the Indonesian Supreme Court and the Ministry of Environment), Public Information Service Training for District Courts, and Biodiversity Case Management Training for Judges and Prosecutors. Her published work with ICEL includes a study regarding corporate criminal liability on environmental cases. Currently, Rika is the Project Manager of the Strengthening the Right to Information for People and the Environment (STRIPE) Phase II project with The Access Initiative Secretariat. She will be involved in ICEL’s upcoming research on communities’ rights over biodiversity and genetic resources. She is excited to meet fellow TAI partners in this gathering to expand her horizons on forestry issues and to get insight about best practices and strategies to use information, data, and technology for community advocacy. Alice Thuault, Instituto Centro de Vida (Brazil) Alice is currently coordinating the Forest Transparency Initiative at Instituto Centro de Vida in Mato Grosso, Brazil. She has been involved in the Governance of Forests Initiative since its beginning and through her work as a researcher and public policy analyst, she advocates for better access to forest information in order to promote social control and improve forest management practices. She is also coordinating ICV’s monitoring of illegal logging in the state of Mato Grosso with the support of Global Forest Watch. She graduated with a degree in political science from the Institut d’Etudes Politiques (Sciences Po) in Rennes, France in 2005. She also holds a Master’s degree in Development Anthropology from the Aix en Provence (Aix-Marseille I) University (2007). Terry Parnell, Open Development Cambodia (Cambodia) Terry Parnell has almost 30 years of experience in the development and humanitarian relief sectors. Much of her career has focused on land and natural resource rights issues in support of rural and urban poor, primarily in Cambodia. In 2012, she initiated Open Development Cambodia, an open data website illuminating development trends. She is now managing its federated expansion across the Mekong region. While she has Master’s degrees in both Agriculture Education & Extension and Education Psychology, Parnell has tended toward holistic and interdisciplinary approaches which have required her to continually expand her skills and have exposed her to a wide range of development options and tools. She has worked in ten countries on three continents and has contributed to international land rights and open knowledge gatherings. In addition to English, Parnell speaks Khmer and basic Vietnamese. Ejas Ricardo Patrón, Gobierno Territorial Indígena (Nicaragua) Ejas Ricardo Patrón is an indigenous Mayangna. He currently works with the Territorial Government of Mayangna Sauni As in the municipality of Bonanza in the North Atlantic Autonomous Region of Nicaragua. He is engaged in the development of projects related to the protection of the land and biodiversity of the 1,638,100 square km territory of the Sauni As Mayangna Territorial Government. The Mayangna forest reserve is known as the lung of Central America. Mr. Patrón graduated from the School of General Psychology in the American University in Managua, Nicaragua. Today he works to defend his ancestral Mayangna heritage. Gill Conquest, Extreme Citizen Science, University College London (United Kingdom) Gill is a PhD student in the UCL Department of Anthropology and a member of the Extreme Citizen Science research group. Her research involves a detailed ethnographic investigation into the use of digital technologies to enable grassroots participation in natural resource management regimes across a range of global settings. By taking a comparative, multi-sited approach she will look at how the Extreme Citizen Science methodology differs from participatory methodologies that are already in practice, what factors influence the relative success of these methodologies in terms of the strength and meaning of local participation in each case, and what are the key challenges to ensuring a high level of engagement across different social groups and settings in complex, multi-stakeholder scenarios. Gill has previously worked on a range of projects promoting technological solutions to improve the engagement of marginalized groups for education and disability NGOs in the UK and overseas. She holds an MSc in Anthropology, Environment and Development from UCL. Follow us at the Global Gathering on Twitter: #TAIGG

América Latina y el Caribe da paso importante para asegurar transparencia y participación en los asuntos ambientales

By Daniel Barragan (Posted: September 19, 2014)

18 Gobiernos de América Latina y el Caribe acordaron los contenidos mínimos de un instrumento internacional para hacer efectiva la democracia ambiental en la región, durante la VII Reunión de los Grupos de Trabajo de la Declaración del Principio 10 en América Latina y el Caribe, que tuvo lugar en San José, Costa Rica los días 10 y 11 de septiembre. El contenido acordado para el instrumento regional busca asegurar la cabal implementación de los así llamados “derechos de acceso”, que incluyen el acceso a la información, instancias efectivas de participación y un acceso real a la justicia en materia ambiental. Los resultados de esta reunión tendrán un gran impacto sobre la vida de millones de personas, ya que sientan las bases y contenido mínimo del instrumento que se negociará en el marco del proceso regional para la aplicación del Principio 10 de la Declaración de Río de 1992 sobre el Medio Ambiente y el Desarrollo. Aprovechamos la oportunidad de felicitar a los gobiernos de Costa Rica, Chile, Panamá, Perú y San Vicente y las Granadinas por apoyar la negociación de un convenio regional de carácter vinculante. Un instrumento vinculante establece obligaciones legales para los Gobiernos, ofrece garantías jurídicas a los ciudadanos, a la vez que incorpora mecanismos de apoyo para su implementación. También apreciamos la apertura al diálogo de todos los Gobiernos presentes. Esperamos que los otros Países Signatarios de la Declaración realicen las actividades nacionales previstas en el Plan de Acción acordado en el marco del proceso regional, lleguen preparados a rendir cuentas en la próxima reunión de Santiago, y que en definitiva apoyen la negociación de un convenio vinculante. Esperamos especialmente que aquellos países que han ejercido roles de coordinación en este proceso regional, como México y la República Dominicana, expresen su compromiso con los derechos de acceso y la democracia manifestando su apoyo a la negociación de un convenio vinculante. Destacamos también la participación de la Iniciativa de Acceso América Latina y el Caribe (TAI por sus siglas en inglés), con representantes presenciales y virtuales de 14 organizaciones de los países de la región que trabajan por la implementación de los derechos de acceso, quienes han establecido un contacto constante con sus respectivos Gobiernos para coordinar acciones estratégicas que den a conocer al público el proceso regional. El acuerdo sobre los contenidos mínimos del instrumento refleja un importante compromiso político para avanzar hacia una cabal implementación de los derechos de acceso en nuestra región, y esta Reunión en particular, será un hito más en el proceso de desarrollo de un instrumento regional”, explicó Rolando Castro de CEDARENA de Costa Rica, en el marco de la VII Reunión de los Grupos de Trabajo.