The UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, usually known

as Aarhus Convention, was adopted on 25th June 1998 in the anish !ity o" Aarhus at the #ourth $inisterial Con"eren!e in the %Environment for Europe% pro!ess& At the ti'e o" adoption, it was si(ned )y *8 states, in!ludin( the +epu)li! o" $oldova, whi!h rati"ied it on , April 1999 -thou(h the o""i!ial date, when the do!u'ents were re!eived )y the .e!retariat o" the Convention, is 9 Au(ust 1999/& The Convention entered into "or!e on *0 1!to)er 20012 presently, it has 34 5arties and *9 .i(natories& The Aarhus Convention is !onsidered a new kind o" environ'ental a(ree'ent, )e!ause it6 7 7 7 7 7 links environmental rights and human rights2 acknowledges that we owe an obligation to future generations2 establishes that sustainable development can be achieved only through the involvement of all stakeholders; links government accountability and environmental protection, e'phasi8in( the i'portan!e o" (overn'ental a!!ounta)ility, transparen!y and responsiveness2 focuses on interactions between the public and public authorities in a democratic context , "oundin( a new pro!ess "or pu)li! parti!ipation in the ne(otiation and i'ple'entation o" international a(ree'ents&

The Convention is said to )e )ased on three pillars, whi!h are the three kinds o" ri(hts (ranted to the pu)li! and the respe!tive o)li(ations i'posed on 5arties and pu)li! authorities6 1 Access to Information A!!ess to in"or'ation is one o" the )asi! hu'an ri(hts2 that is why it is also the "irst pillar o" the Convention, !reatin( a )ase "or the other two pillars& A!!ordin( to the Convention, 'e')ers o" the pu)li! are entitled to re9uest environ'ental in"or'ation "ro' pu)li! )odies and these )odies are o)li(ed to 'aintain and provide this in"or'ation )oth in response to pu)li! re9uest and proa!tively& This in!ludes in"or'ation on the state o" the environ'ent, "a!tors that a""e!t or are likely to a""e!t ele'ents o" the environ'ent, poli!ies and 'easures taken, or on the state o" hu'an health and sa"ety, where this !an )e a""e!ted )y the state o" the environ'ent& .o'e in"or'ation is e:e'pt "ro' release, "or e:a'ple when the dis!losure would ne(atively a""e!t international relations, national de"ense, pu)li! se!urity, the !ourse o" ;usti!e, !o''er!ial !on"identiality or the !on"identiality o" personal data& <n"or'ation 'ay also )e withheld i" its release !ould har' the environ'ent, su!h as the )reedin( sites o" rare spe!ies& ! Public Participation in Environmental Decision-Making

=ealthy environ'ent is not only the (overn'ent>s, )ut everyone>s !on!ern& There"ore, the Aarhus Convention sets 'ini'u' standards "or pu)li! parti!ipation in de!ision7'akin( when authorities prepare plans or issue de!isions per'ittin( spe!i"i! a!tivities that 'ay si(ni"i!antly a""e!t the environ'ent, su!h as li!ensin( o" a !he'i!al plant, waste7treat'ent plant or road7 !onstru!tion pro;e!t& The pu)li! authorities should provide "or the early release and !ir!ulation o" all relevant in"or'ation -proposals, plans, pro(ra''es, out!o'es/ )e"ore de!isions are 'ade, so as to allow "or early and e""e!tive pu)li! parti!ipation when all options are open& The su)se9uent !o''ents are to )e taken into !onsideration in the de!ision7'akin( pro!ess2 otherwise, (overn'ents or pu)li! authorities have to provide reasonin( "or the re;e!tion or ad'ission o" !o''ents re!eived& <n"or'ation 'ust )e provided on the "inal de!isions and the reasons "or the' as well& This way, the 9uality o" the environ'ental de!isions and their out!o'e in!rease, and the "uture o" our environ'ent, alon( with our own "uture, is really in our hands& " Access to Justice The Aarhus Convention>s sta)ility would not )e attaina)le without its third pillar ? the ri(ht o" a!!ess to ;usti!e, whi!h se!ures the other two ri(hts& A!!ordin( to Arti!le 9 o" the Convention, the pu)li! is allowed a!!ess to fair, equitable, timely and not prohibitively expensive review pro!edures, when6 The right to access to information is violated, i&e& the re9uest "or in"or'ation is lawlessly re;e!ted or i" the re9uest "or in"or'ation in part or in "ull is i'properly answered2 The right to participate in decision making process is violated, i&e& the pu)li! de!isions have )een 'ade without re(ard to the two other prin!iples o" the Convention2 Environmental laws are violated, either )y private persons or )y pu)li! authorities&

The de!isions 'ust )e (iven or re!orded in writin(, and in the !ase o" !ourt de!isions, 'ade pu)li!ly a!!essi)le& .o, this prin!iple not only supports the other two, )ut also points the way to e'power !iti8ens and N@1s to assist in the en"or!e'ent o" the law& #$e Compliance Committee To review !o'plian!e with the Convention on a non confrontational, non !udicial and consultative )asis, the Co'plian!e Co''ittee was instituted in 2002& The Co''ittee e:a'ines the !ases o" non7!o'plian!e indi!ated )y the 5arties, the se!retariat or 'e')ers o" the pu)li!, )ut it 'ay e:a'ine !o'plian!e issues on its own initiative& The resultin( reports and re!o''endations are then used )y the 5arties to 'onitor, assess and "a!ilitate the i'ple'entation o" the Convention&

To "ind out 'ore a)out the Convention, you 'ay visit the UNECE Aarhus Convention we)site, or see the ori(inal te:t )elow -pd"&/&