The Access Initiative

Memoria: Taller regional de las Coaliciones de Acceso de Centroamérica

San José, Costa Rica. 2009

Last April 29th and 30th, representatives from TAI Coalitions from Guatemala, Honduras, El Salvador, and Costa Rica gathered in regional workshop to create a common Action Plan to strengthen their work on the implementation of Principle 10.

The Action Plan has three sections:

A) Challenges and commitments of the leader organizations in each coalition: This point is related with the strengthening of the following aspects: 1) National coalitions to promote the Access Rights. 2) Information channels within the coalitions and between the coalitions. 3) Fundraising for national coalitions projects. 4) the inclusion of the Dominican Republic and Panama in the regional process. 5) Establishing a regional partnership that consolidates common work strategies and get funding for regional projects. 6) Political context challenges in each country. B) Regional Agenda: This point refers to issues related with: 1) access to information and communications between governments and civil society, 2) Legal framework on access rights. 3) Proceedings and institutional structures of public participation. 4) Education and training on access rights. 5) Funding for public participation and access to information. C) Building a regional partnership: It contains the actions defined to create a regional partnership of TAI Coalitions in Central America.

As part of the program, the meeting had two spaces to tend other topics: Daniel Barragán, from TAI Ecuador, presented the hemispheric strategic plan of Latin America Access Coalitions. Aldo Palacios and Diego Cooper from PP10Secretariat presented the components and the work of the Partnership for Principle 10.

This workshop is an activity of the project “Partnership 10 Central America” which is funded by the International Union for Conservation of Nature (IUCN) and executed by Foundation for Peace and Democracy(FUNPADEM).

Further information please contact Luis Diego Segura from Foundation for Peace and Democracy, FUNPADEM. Email sociedadcivil@funpadem.org or +506 2283 9435.

La Inciativa de Acceso en Centro America

San José, Costa Rica. 2009

Last April 29th and 30th, representatives from TAI Coalitions from Guatemala, Honduras, El Salvador, and Costa Rica gathered in regional workshop to create a common Action Plan to strengthen their work on the implementation of Principle 10.

The Action Plan has three sections:

A) Challenges and commitments of the leader organizations in each coalition: This point is related with the strengthening of the following aspects: 1) National coalitions to promote the Access Rights. 2) Information channels within the coalitions and between the coalitions. 3) Fundraising for national coalitions projects. 4) the inclusion of the Dominican Republic and Panama in the regional process. 5) Establishing a regional partnership that consolidates common work strategies and get funding for regional projects. 6) Political context challenges in each country. B) Regional Agenda: This point refers to issues related with: 1) access to information and communications between governments and civil society, 2) Legal framework on access rights. 3) Proceedings and institutional structures of public participation. 4) Education and training on access rights. 5) Funding for public participation and access to information. C) Building a regional partnership: It contains the actions defined to create a regional partnership of TAI Coalitions in Central America.

As part of the program, the meeting had two spaces to tend other topics: Daniel Barragán, from TAI Ecuador, presented the hemispheric strategic plan of Latin America Access Coalitions. Aldo Palacios and Diego Cooper from PP10 Secretariat presented the components and the work of the Partnership for Principle 10.

This workshop is an activity of the project “Partnership 10 Central America” which is funded by the International Union for Conservation of Nature (IUCN) and executed by Foundation for Peace and Democracy(FUNPADEM).

Further information please contact Luis Diego Segura from Foundation for Peace and Democracy, FUNPADEM. Email sociedadcivil@funpadem.org or +506 2283 9435.

El Principio 10 en Costa Rica: Situación y desafíos

San José, Costa Rica. 2009

Last April 29th and 30th, representatives from TAI Coalitions from Guatemala, Honduras, El Salvador, and Costa Rica gathered in regional workshop to create a common Action Plan to strengthen their work on the implementation of Principle 10.

The Action Plan has three sections:

A) Challenges and commitments of the leader organizations in each coalition: This point is related with the strengthening of the following aspects: 1) National coalitions to promote the Access Rights. 2) Information channels within the coalitions and between the coalitions. 3) Fundraising for national coalitions projects. 4) the inclusion of the Dominican Republic and Panama in the regional process. 5) Establishing a regional partnership that consolidates common work strategies and get funding for regional projects. 6) Political context challenges in each country. B) Regional Agenda: This point refers to issues related with: 1) access to information and communications between governments and civil society, 2) Legal framework on access rights. 3) Proceedings and institutional structures of public participation. 4) Education and training on access rights. 5) Funding for public participation and access to information. C) Building a regional partnership: It contains the actions defined to create a regional partnership of TAI Coalitions in Central America.

As part of the program, the meeting had two spaces to tend other topics: Daniel Barragán, from TAI Ecuador, presented the hemispheric strategic plan of Latin America Access Coalitions. Aldo Palacios and Diego Cooper from PP10 Secretariat presented the components and the work of the Partnership for Principle 10.

This workshop is an activity of the project “Partnership 10 Central America” which is funded by the International Union for Conservation of Nature (IUCN) and executed by Foundation for Peace and Democracy(FUNPADEM).

Further information please contact Luis Diego Segura from Foundation for Peace and Democracy, FUNPADEM. Email sociedadcivil@funpadem.org or +506 2283 9435.

Lessons from a Community’s Struggle with Coal in Thailand

By Lalanath de Silva (Posted: March 9, 2009) 

The story of the Mae Moh coal plant in Thailand shows why early community engagement is critical to the development and implementation of a sustainable project.

On March 4, 2009, a landmark court decision provided much-needed relief for communities harmed by pollution from a controversial coal power project in northern Thailand. The story of Mae Moh highlights the importance of public participation and access to information in protecting the rights of communities affected by development projects.

About the Mae Moh Coal Power Project

The Mae Moh coal-fired power plant sits in the hills of Lampang in northern Thailand. The plant is an enormous complex consisting of 13 power generating stations. Until 2008, the project was the largest of its kind in Southeast Asia.

Near the power plant lies its fuel source—a lignite coal mine, where open-air pits cut a 135 square kilometer slice out of the surrounding farmland. The government predicts there is enough coal in the area to meet a large percentage of Thailand’s energy needs through 2035 (it currently provides 12% of Thailand’s electricity), and recently approved plans to expand the mine to access 187 million tonnes of additional, proven coal reserves.

Impacts on Local Communities

Sixteen communities live near the power plant and mine. As the project has expanded over time, the mine has grown closer to their lands (only 800 meters away from one village). The power plant has expanded from one unit of 75 Megawatts in 1978 to 13 units of 2,625 Megawatts in 1996, and now consumes over 40,000 tonnes of lignite each day.

Fifteen years ago, the size of the project reached a tipping point. Thousands of communities began to complain of respiratory illnesses and severe damage to their crops. The communities alleged that wind blew coal mine dust into their homes and farmlands and that the smokestacks of the power plant did not contain appropriate filters, allowing the release of sulfur dioxide, mercury, and other toxic chemicals into the air.

In 1992, the plant activated all 11 of its generating units (now expanded to 13), and within a few days thousands of people in the area began noticing breathing difficulties, nausea, and inflammation of their eyes and throats. Communities estimated that within 2 months, 50% of rice fields were damaged by sulfur dioxide emissions. In 1998, mobile inspection clinics organized by the government diagnosed 8,214 patients, and found that an estimated 3,463 suffered from respiratory illnesses. Communities alleged that the project was connected to several deaths, including six Mae Moh villagers who died from blood poisoning.

Communities also complained that chemicals from the plant leaked downhill into water supplies, where uninformed people fished from the water. In October 2003, the State Natural Resources and Environmental Policy and Planning Office found high levels of arsenic, chromium, and manganese in most water sources near the plant.

The Government’s Response

The communities claimed that the government continued to grant permits and licenses to expand the project despite these impacts, and that the government failed to inform stakeholders about the project’s environmental and health risks. As people experienced harm to their health and crops, they complained to the government, but felt the government was not responsive. Communities described how public relations officials made promises to address their concerns, but then failed to follow through.

Communities also complained to financiers of the project, including the Asian Development Bank, Export Development Canada, and the U.S. Export-Import Bank. In 2001, ADB financed an evaluation of the project’s environmental and health impacts, which brought sulfur dioxide emission levels into compliance with national standards. As a result, fewer people now suffer from respiratory illnesses.

While this was an important first step, the government’s and financiers’ responses did not address communities’ other concerns such as compensation for crop damages, resettlement to safer areas, and payment for medical treatment. As a result, the communities resorted to lawsuits for redress. In 2002, local activist Maliwan Najwirot created the Occupational Patients Rights Network, which has filed several lawsuits against the government. In May 2004, a court ruling awarded approximately US$142,500 to villagers for crop damages caused by the power plant.

On March 4, 2009, a Thai court ordered the government (the Electricity Generating Authority of Thailand) to pay $6,800 plus interest to each plaintiff in a lawsuit brought 5 years ago by several hundred villagers whose health was harmed from living near the project. The court also ordered the government to move affected people to new land at least five kilometers from the project, to rehabilitate the environment at the coal mine, and to replace a controversial golf course with trees. This landmark decision provides a much-needed turning point, so that Mae Moh communities can finally begin to restore and rebuild their lives.

Lessons Learned

During the struggles of the past decade, Mae Moh communities have turned their experiences into an important lesson for others. Representatives of other Thai communities frequently visit Ms. Najwirot and the site to learn how to organize themselves, and how to address the tensions that development projects can create between those community members who benefit from jobs and electricity, and those who are harmed.

Mae Moh also provides important lessons for governments and companies about the importance of engaging communities early and throughout the life of a project so they can better identify and mitigate risks, and build trust to resolve problems that do emerge. This in turn helps to prevent costs from disaster cleanup, lawsuits, and tarnished reputations.

Finally, the project demonstrates the importance of transparency and public participation in the review and approval of permits and licenses that entail potentially harmful activities. In Mae Moh’s case, engagement with communities could have provided an earlier indication that construction or expansion of the project was not worth the environmental and health risks.

For more information see the story on the World Resources Institute website.

Highlights from the TAI Global Gathering

By Monika Kerdeman (Posted: March 6, 2009) 

50 people representing 29 countries participated in the second TAI Global Gathering, held in Sligo, Ireland at the Sligo Institute of Technology. The gathering was the largest international conference held at Sligo Institute of Technology. Highlights from the meeting include:

  1. Jeremy Wates, from the Aarhus Convention Secretariat in Geneva, opened the conference by discussing the importance of access work in the role of shaping environmental policy.

  2. The deputy leader of Seanad Eireann (the Senate of Ireland), and Green Party chairperson, Senator Dan Boyle, addressed the gathering. He spoke on Ireland’s need to ratify the Aarhus convention and the importance of access to information in a mature democracy.

  3. TAI partners shared ideas, stories, successes and solutions for moving the network to more action on the ground.

  4. Latin American partners agreed on next steps for a collaborative regional advocacy plan.

  5. The TAI Secretariat shared major themes and messages from its publication, Voice and Choice: Opening the Door to Environmental Democracy.

  6. Partners discussed case studies on access rights for the poor carried out by five TAI partners and next steps for including poverty-access rights analysis in all future TAI assessments.

  7. The Thailand Environment Institute (TEI) introduced partners to a draft citizen’s toolkit.

  8. New sectors were explored in the context of TAI, including climate change, forestry and aid effectiveness.

Click here to read the full report from the gathering.

TAI Water Governance Toolkit

Published: 2007

This paper combines the various pieces of TAI’s method for evaluating citizen voice in water sector governance.

Contents include:

General Capacity Building Indicators

TAI Global Gathering 2008

Published: 2008

This report is a detailed account of the objectives and outcomes from the second TAI Global Gathering, held in Sligo Ireland. At the gathering more then 50 TAI partners from 29 different countries met to discuss network activities and share access rights success stories.

Formación de Capacidades en Acceso: El caso ecuatoriano

Published: 2008

Este video muestra el proceso de fortalecimiento de capacidades que inició el Centro Ecuatoriano de Derecho Ambiental en el 2005, como resultado de la evaluación realizada por la Iniciativa de Acceso, donde se detectó que uno de los grandes vacíos existentes era justamente la falta capacidades en la ciudadanía y en los funcionarios gubernamentales respecto de los derechos de acceso.

Nuestro proceso de formación de capacidades aplica metodologías participativas apoyadas de materiales desarrollados con enfoque pedagógico, así como también con actividades de difusión y discusión de los temas de acceso en la agenda publica.

Best Practices- Access to Justice

Published: 2008
Agenda for Public Interest Law Reform

 

This is a memorandum authored by Professor John E. Bonine. The best practices regarding access to justice include removal or modification of two major barriers: (1) restrictions on “standing to sue” and (2) the high costs of going to court. The first of these is a legal barrier. It determines which persons or organizations are allowed to file lawsuits in the courts against public authorities (governmental bodies). The second barrier can be either a legal barrier or a practical one. Lawyers and lawsuits can be expensive. Citizens and their organizations usually lack the resources to bring such cases to court.

Barriers to access to justice can be imposed by either national legislation (or in just one country by a national constitution) or court interpretations and practices. They can be overcome by national constitutions, legislation, and court interpretations.

Standing to sue

In countries with the most restrictive policies on “standing to sue,” a person cannot file a lawsuit unless he or she can demonstrate that a “legal interest” or “legal right” will be affected by the action of a public authority. This is sometimes phrased as requiring that a person show a “direct and individual concern,” that he or she is part of the public that is legally “concerned,” or even that he or she must be able to prove an “injury” that is satisfactory to the courts. All of these formulations of standing requirements impose definite barriers to access to justice.

In many countries, which have better practices, the “standing to sue” requirement has been softened by requiring only that a “sufficient interest” be shown. A similar softening occurs in countries that allow any person to start a court case to defend a “diffuse interest” or the “public interest.” These types of progress have taken place in countries in Latin America, Asia, Africa, and Europe. In several countries, particularly in Europe and nearby regions, registered nongovernmental organizations (NGOs) with a concern for protection of the environment are granted standing to sue without need to show either a legal or “sufficient” interest.

The best practice, however, is to abolish entirely the requirement for “standing to sue.” In such countries or jurisdictions, the courts do not look at who is bringing a lawsuit, but only at whether a public authority has violated its constitutional or statutory duties. This “open standing” (or actio popularis) can be granted by legislation or a national constitution. It can be granted explicitly or through judicial interpretation in court decisions. Such open standing has been recognized in parts of Asia, the Americas, and Europe.

Economic barriers

The most obvious economic or financial barriers to access to justice involve the high cost of lawyers and the high costs imposed by courts as a condition of filing lawsuits. These costs obviously consist of paying a person’s own lawyer. But in some countries a party who loses a lawsuit must also pay the costs of the opponent’s lawyers and experts, which can dramatically increase costs and raise barriers even higher.

With regard to a person or NGO having to pay lawyers to bring a case, the best practice is for government programs to provide steady funding for individuals or NGOs that are dedicated to the protection of the environment. Funding from private charitable foundations is crucial as bridge funding, until such time as governments recognize the value of public interest litigation and their obligation to support it. Relying on the voluntary efforts of private lawyers is necessary in many countries at the present time, but it is sporadic and uncertain. This results in unequal justice because business interests have the resources to pay for their own lawyers and the pressure of threatened lawsuits coming from only one side can lead government officials to lean in their direction.

With regard to being ordered by a court to pay the costs of the lawyers and experts on the other side of a case, when the individual or NGO brings a case but is not successful, countries that have such a “loser-pays’ policy have erected a particularly high barrier to justice. The best practice is to eliminate such a policy entirely. This can occur through either legislation or court decisions rejecting this policy. Such court decisions can be based on constitutional, human rights, or pragmatic grounds. A good practice is at least to create an exception for public interest cases, or for all cases in which a public authority is on the other side of the case.

In the process of abolishing the loser-pays requirement as it is applied against individuals and NGOs, some countries provide for courts to award costs to individuals and NGOs when they win. Such “one-way attorney costs” is a best practice, giving citizen enforcers of environmental law the best of both worlds.

More Transparent Than Glass

By Lalanath de Silva (Posted: February 17, 2009)

This is a video story about how the Environmental Foundation Ltd. (EFL), a public interest environmental law organization in Sri Lanka activated the Supreme Court of Sri Lanka and saved the only open ocean waterfront in the capital city of Colombo. The court also affirmed the right of the public to have access to information. If you cannot view the video from the video frame below you can do so by clicking here

The Galle Face Green had been dedicated to the public by an order of the colonial British Government in 1856. Since that time the Green had been used by the city’s public as a recreational area. The Urban Development Authority (UDA) had decided to hand over the public space to a private company to develop it as a built up amusement park. Although admission to the park would have been free, the amusements themselves would have to be paid for by the public.

The UDA had run an advertisement in a widely circulating national newspaper that the project was “More Transparent than Glass”. But when EFL asked the UDA for a copy of the agreement it had signed with the private company, it refused to give it a copy. EFL filed a human rights violation case in the Supreme Court. EFL argued that the freedom of speech and expression guaranteed in the Sri Lankan constitution included the right to seek and receive information from the Government. Ms. Ruana Rajapakse, legal counsel who represented EFL shares her thoughts on this video.

The private company filed a copy of the agreement in court. The court decision affirmed the right of the public to have access to information. The court inferred that right from the freedom of speech and expression guaranteed in the Constitution of Sri Lanka. It ruled that the freedom of expression included the right to seek and receive information from the Government in certain situations. The court also annulled the agreement saying that the UDA did not have the power to hand over the Green which had been dedicated to the public. Subsequently, the new Minister for Urban Development and Sacred Area development, the Hon. Dinesh Gunawardene (also featured on this video) decided to establish a national steering committee to examine transparency, accountability and inclusiveness in the urban sector and to introduce public participation into local government budgeting and decision-making processes.