“public participation in the mediterranean and the framework of the barcelona convention” prof....

“Public Participation in the Mediterranean and the framework

of the Barcelona Convention”

Prof. Michael J. Scoullos

University of Athens

Chairman of MIO-ECSDE and GWP-Med

“The legal aspects of the Barcelona Convention and its Protocols”A Mediterranean seminar on the practical elements of implementation

Athens, Greece, 26-27 October 2006

Public or stakeholder participation is one of the facets of a tetrahedron



Education for Sustainable Development

Public awareness

Public participation

Information: a two-way reaction

0

10

20

30

40

50

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16

(1) Environmental Protection Organisations (2) Scientists (3) Consumer Organisations & other Citizen’s Organisations (4) Television (5) EU (6) National government (7) Teachers at school or university (8) Regional/local government (9) Political parties standing for environment (10) Newspapers (11) Family/friends/colleagues (12) none of them (13) DK (14) The radio (15) Trade Unions (16) Companies

(%)

What information? To whom is the information provided? By whom? How?

Environmental Information: Trust in information resources (Eurobarometer 58.0 ‘The attitudes of the Europeans towards the environment’, December 2002)

“Public Participation in the Mediterranean and the framework of the Barcelona Convention”

Participatory process = an evolving process

0. No participatory practices at all.1. Passive provision of unsystematic, arbitrarily selected information on environmental issues passed by the authorities to the public. Passive, uncoordinated environmental education projects developed ad hoc.2. Acceptance of need for information flow on environmental issues by the authorities.3. Participation of NGOs to information campaigns on conservation and restoration issues.4. “Active” information: responding to requests by the public. Various means for access to selected information held by the authorities on environment and development issues.5. Financial support to joint information campaigns and selected NGO projects. Introduction of environmental education projects in selected schools or groups. Systematic large scale awareness campaigns.6. Consultations and ad hoc dialogue between citizens groups, NGOs, local authorities and the State without secured follow-up. Environmental education in curricula and/or coordinated networks and programmes.7. Facilitation and advocacy by the authorities for access of independent civil groups and NGOs to international funds for projects or their operation, with no strings attached.8. Facilitation mechanisms for participation of the public in the assessment of EIAs.


Participatory process = an evolving process

9. Active participation of the public through transparent mechanisms in drafting “sustainability charters”/Local Agenda 21, etc.10. Full access of the public to the environmental and development information base of the State.11. Participation of groups in the monitoring of implementation and management of sustainability plans.12. Institutionalisation of 7.13. Financing of projects and plans for “independent assessments” (counter-assessments) or counter-EIAs for controversial projects.14. Institutionalisation of 10.15. Access of public groups to justice including cases of liability and compensations for environmental damages.16. Access of public groups to supporting funds and credit for operation and projects by national and international sources with no strings attached.17. Full partnership in a balanced governance with full support to NGOs, local authorities and the public for a participation on equal footing.


The “participatory process” = an evolving process


Representation of the situation of public participation in the Mediterranean region




The situation of public participation

in the Mediterranean ~ an

ellipsis shape, basically due to the

lack of institutionalisation of the participatory

processes, inadequate funding,

lack of access to credit, etc. (the

‘ideal’ scheme is the one of a “growing”

circle)


The most basic “root” problems delaying the progress in the area of the participatory processes in the Mediterranean are the following:- Lacking or inadequate legal, institutional framework providing for public participation (including access to information, access to decision making and justice);- Inadequate administrative infrastructures coupled with limited resources to cope technically with the requests by the public; - Lack of coordination among the various administrative sectors and public agencies, reducing their ability to be efficient and participatory even with other departments or services;- Fragmentation of NGO and civil society initiatives and weak structures, particularly at national level, where most of the environmentally critical decisions are made; - Reluctance by the authorities to provide information to the public even when this is technically and legally feasible due to lack of acceptance by many authorities and the majority of civil servants of the civil groups and NGOs as legitimate “partners”. In most Mediterranean countries the representatives of the public do not enjoy yet, in practice, the respect and attention by the authorities which they should, despite the generous statements and declarations of good intent by the governments.


The participatory procedures in several Mediterranean countries are directly or indirectly linked to:

1. The functioning of Regional, Prefectural or Local Councils where NGOs are invited to participate on permanent or occasional basis for all or specific issues.

2. Public debates on EIAs (Environmental Impact Assessments) in many of the cases where these assessments are part of the administrative practice and definitely in the EU Mediterranean countries.

3. Committees supervising or monitoring important projects e.g. on protected areas, etc., and particularly those funded by the EU or other International bodies such as the EIB, WB, METAP, etc.

4. National Commissions on Sustainable Development or Local Agenda 21 projects.

5. The provisions of the Water Framework Directive –WFD, (for the European Mediterranean countries) ensuring active participation of all stakeholders including NGOs and local communities in water management.




Examples* Existing measures to promote environmental Information: Croatia, Cyprus, Greece, France, Malta, Tunisia, and in various forms in other countriesLegislation for access to information: Cyprus, Bosnia-Herzegovina, Greece, Italy, Portugal, SpainEnvironmental institutions for promoting information, education and awareness raising activities: Algeria, Egypt, Greece, Morocco, and in various forms in other countriesNational legislation for involvement of the public in the decision-making process: Albania (legislation in pipeline), Bosnia-Herzegovina, Israel, SpainInvolvement of the public in the decision-making process: Lebanon (not at local level); Croatia, Malta, Syria (through EIA process); France (at local level); Tunisia (largely through NGOs and local authorities).NGOs Backing: in various forms in most countriesCo-operation of NGOs with national institutions: in various degrees and patterns in many countries

“Strategic Review for Sustainable Development in the Mediterranean Region”, UNEP/MAP, Athens, 2001




The existing participatory procedures at regional level

1. Barcelona Convention: MAP Partners

2. The Mediterranean Commission for Sustainable Development (MCSD) – equal footing in a wide-based membership structure.

3. The Comité de Suivi (CdS) – a major NGO platform for coordinated input to SMAP/EuroMed process.

4. The Euro-Mediterranean Civil Forum (through the newly established Euro-Mediterranean Non Governmental Platform)

Public Participation provisions in the Barcelona Convention and its Protocols

Barcelona Convention & Protocols: Original TextsText Public Participation

ReferenceRemarks

Barcelona Convention No reference

DUM No reference

PEM No reference

LBS ? Not possible to access the text on line

SPB No reference Reference is made to information provision (reports, publications, etc) to the Organisation – Article 14

OFF No reference

HAW Online text is only the amended version

Public Participation provisions in the Barcelona Convention and its Protocols

Barcelona Convention & Protocols: Amended TextsText Public Participation Reference RemarksBarcelona Convention

Article 15 (Public Information & Participation)

DUM No reference

PEM Article 3 § 2 (General Provisions) (“…participation of local authorities, non-governmental organisations and socio-economic actors…”)

LBS Article 8 (Monitoring) (“…and make access to the public of the findings…”)Annex IV, B § a (Best Environmental Practice) (“…provision of information and education to the public and to users about…”); § e (“…making collection and disposal systems available to the public…”)

SPB

SPA & Biodiversity Article 19 § 2 (Publicity, Information, Public Awareness & Education) (“…participation of the public…”)Annex 1, A § a (General Principles) (“…scientific research, education, participation, collaboration, is highly desirable…”)Annex 1, B § 4b (General Features) (“…active participation of the public in general…”)

OFF No reference

HAW Article 12 (Information and Participation of the Public)

Public Participation provisions in the text of the Barcelona Convention

Article 15: Public Information and Participation

1. The Contracting Parties shall ensure that their competent authorities shall give to the public appropriate access to information on the environmental state in the field of application of the Convention and the Protocols, on activities or measures adversely affecting or likely to affect it and on activities carried out or measures taken in accordance with the Convention and the Protocols.

2. The Contracting Parties shall ensure that the opportunity is given to the public to participate in decision-making processes relevant to the field of application of the Convention and the Protocols, as appropriate.

3. The provision of paragraph 1. of this Article shall not prejudice the right of Contracting Parties to refuse, in accordance with their legal systems and applicable international regulations, to provide access to such information on the ground of confidentiality, public security or investigation proceedings, stating the reasons for such a refusal.

Legislation relating to public participation deriving from the implementation of the Barcelona Convention and its Protocols

ALBANIA

Legislation on public participation

Remarks

BARCELONA CONVENTION

Aarhus[1] Convention is ratified and its principles are included in the new

legislation approved since and within 2002 and 2003

Accessed the amended Convention and the six Protocols on 11 Nov 2000 by

Law No 8690 on ‘Adherence of Republic of Albania to the Convention for the Protection of the Mediterranean Sea

against pollution and its six protocols’; ratified the Aarhus Convention in Oct

2000

DUM No legislation Reference to participation and public participation made only with regard to

specific projectsPEM No legislation

LBS No legislation

SPB No legislation

OFF No legislation

HAW No legislation[1] UNECE Convention on Access to Information, Public Participation and Access to Justice in Environmental Matters (Aarhus, 1998)



Remarks


Laws 02-02/ of 5/2/2003 and 3-10/ of 19/7/2003

Adhered on 26/01/1980 and in force since 18/03/1981

DUM Loi n° 03-10 du 19 juillet 2003 relative à la protection de l'environnement dans lecadre du développement durable (Section 2 :Pro tection de la mer, Art. 52 )

Ratified on 17/01/1981; in force since 15/04/1981; reference is made to reinforcing public

participation as a measure to protect the environment

PEM Ratified on 17/01/1981 and in force since 15/04/1981; the amended version was signed in

Jan 2002

LBS Adhered on 11/12/1982 and in force on 17/06/1983; reference to public participation is

made with the view to establish a regional programme on the topic as part of the Protocol’s

overall programme for strategic actions

SPB Ratified on 05/01/1985 and in force on 23/03/1986; amended version signed on

10/06/1995

OFF Signed on 10/06/1995

HAW Only signed on 01/10/1996

ALGERIA


BOSNIA & HERZEGOVINA

Legislation on public participation Remarks

BARCELONA COVNENTION

Law 33/03 on Environmental Protection (2003)

Article 10 refers to public participation and access to information; constitutionally

environmental management falls under the entity governments and is not institutionalised on

the state level; the amendments to the Convention have not yet

been ratified; no bilateral or multilateral agreements relevant to the terms of the Convention

and Protocols have been signed

DUM No Protocols were signed or ratified during the revision period

PEM

LBS

SPB

OFF

HAW


CROATIA



Article 46 of the Constitution; Ordinance on Env.l Impact

Assessment; Constitution Provisions of the Standing Order of the Chamber of Deputies of the

Parliament (Official Gazette No 99/1995)

Ratified the amended version on 27 Nov 1998, Official

Gazette International Treaties No 17/1998; signed the Aarhus

Convention on 25/06/1998

DUM Ratified amended version-Official Gazette, International Treaties No 17/1998 (27 Nov

1998)

PEM Ratified amended version-Official Gazette, International Treaties No 12/2003 (13 Jun

2003)

LBS Acceded in amended version – Official Gazette, International Treaties No 12/1993 (8 Oct

1991)

SPB Ratified-Official Gazette, International Treaties No 11/2001 (26 Sep 2001)

OFF Signed it in 1994

HAW Has not signed it


CYPRUS



Directive 2003/35/EC – Legislation for the transposition of the directive is

not reported

Law No.119(I)2004 on Public Access to Environmental

Information ensures the right of access to environmental

information held by or for public authorities and that this

information is progressively being made available to the

public;no ratification of amended or

new versions of the Convention or the Protocols is mentioned

DUM

PEM

LBS

SPB

OFF

HAW


EC



Directives 2003/4/EC on Public access to Environmental Information (repealing

Council Directive 90/313/EEC) and 2003/35/EC; The same directive

amends, with regard to public participation and access to justice, the

European Council Directives 85/337/EC and 96/61/EC

Ratified 16/03/1978; Directive 2003/35/EC of 26/05/2003 to adapt Community provision to

Aarhus Convention requirements

DUM Ratified 16/03/1978

PEM Ratified 12/08/1981

LBS Adoption of Guidance Document No.08 on Public Participation as part of the

WFD implementation

Ratified 07/10/1983

SPB Ratified 30/06/1984; ratified SPA & Biodiversity on 12/11/1999

OFF Not signed nor ratified

HAW Not signed nor ratified

New Emergency Protocol

Signed on 25/01/2002; ratified in 2004


FRANCE


BARCELONA CONVENTIO

N

Article L-110-1 4 of the Code of the Environment covers the participation and access to environmental

information. The latter is dealt specifically under Chapter IV, Article L 124-1 and Law No 78-753 of

17/7/1978. Other references are made in Articles L 121-1, L 121-15, L 123-1, L123-16 and L 300-2

Ratified 11/03/1978; accepted amendments

on 16/04/2001

DUM Ratified 11/03/1978; accepted amendments

on 16/04/2001

PEM Ratified 11 Mar 1978, ratified new one on

02/07/2003

LBS Ratified 13/07/1982

SPB Ratified 02/09/1986; ratified SPA & Biodiversity on

02/04/2001

OFF Not ratified

HAW Not ratified


GREECELegislation on public participation Remarks


EU Directive 2003/35/EC, on public participation in certain environmental decision-making, has been partly harmonized with the national legislation-except for the part referring to access to justice-by the JMD 37111/2021/2003 on “Public information and participation in environmental approval of plans and activities, according to paragraph 2, article 3 of Law 3010/2002” (Article 3 of the abovementioned JMD hasbeen corrected and article 4 has been amended by the JMD 49987/231/2002)

Ratified amendments with Law 3022/2002 Government Gazette 144A/19.06.2002; signed Aarhus Convention on 25/06/1998 and

ratification was meant to be done in 2005

DUM

PEM

LBS Ratified amendments with Law 3022/2002 Government Gazette

144A/19.06.2002

SPB

OFF

HAW


Signed on 25/01/2002; ratification pending


ITALY



Law 108/2001 (Aarhus Convention ratification); numerous relevant

national provisions

Ratified 03/02/1979; accepted amendments on 07/09/1999; ratified Aarhus Convention in June 2001 with Law 108/2001

DUM Ratified 03/02/1979; accepted amendments on 07/09/1999

PEM Ratified 03/02/1979

LBS Ratified 04/07/1985; accepted amendments on 07/09/1999

SPB Ratified 04/07/1985; ratified SPA & Biodiversity on 07/09/1999

OFF Only signed on 14/10/1994

HAW Ratification process started 26/06/2003


Ratification process started on 26/06/2003


ISRAEL



The Representation of Environmental Public Bodies Law (Legislative Amendments) passed in November 2002.

DUM

PEM

LBS

SPB

OFF

HAW


Signed on 22/01/2003


LIBYA


Remarks


No legislation reported Ratified on 31/01/1979; ratification of amended version of the Convention or the Protocols is

under progress; it is stated that in principle the Libya People are involved in all decision making

process and have access to public information; no other reference is made to public participation

DUM Ratified on 31/01/1979

PEM Has accepted initial version and amended one but has not signed nor ratified them

LBS Ratified on 06/06/1989; has accepted the amended version but has not signed nor ratified it

SPB Has accepted the amended version but has not signed nor ratified it

OFF Has accepted it but has not signed not ratified it

HAW Has accepted it but has not signed nor ratified it


MONACOLegislation on public participation Remarks


No legislation reported

DUM

PEM Ratified the amended Protocol on 3 April 2002

LBS

SPB

OFF

HAW



Law No 12-03 of 12/5/2003 on EIA ; provision of articles 9 and 50

Ratified on 07/11/1979; accepted amended version on 20/11/1997

DUM Ratified on 07/11/1979; signed new version on 25/01/2002 but has not ratified it

PEM Ratified on 07/11/1979

LBS Ratified on 14/11/1986

SPB Ratified on 07/05/1990; SPA & biodiversity signed on 10/06/1995 and ratification in progress

OFF Has not signed; adhered on 01/07/1999

HAW Ratified on 15/05/1999

MOROCCO


SERBIA & MONTENEGRO


Remarks


Article 2 of the Constitution of the Republic of Montenegro; Law on Environment (Article 7, 42).

Federal Republic of Yugoslavia ratified the Convention in 1976; FR of Yugoslavia regulated the contractual rights and obligations concerning

the Barcelona Convention and its Protocols based on the Declaration of Succession on 27/04/1992;

finalisation of the membership reactivation for Serbia & Montenegro in September 2003

DUM Ratified by FR of Yugoslavia; ratification is pending

PEM Ratified by FR of Yugoslavia; ratification is pending

LBS Reference to public participation when

assessing pollution levels along the coast as listed

in article 8 of the Protocol

Ratification is pending; public participation is article 2 of Montenegro’s Constitution; reference is often

made to public participation but with regard to environmental impact assessments

SPB Ratification is pending

OFF Ratification is pending

HAW Ratification is pending


SLOVENIA



Aarhus Convention adopted in 2004 (OJRS No 62/04); Environmental

Protection Act Article 60

Ratified on 15/03/1994; accepted amendments on 08/01/2003; extensive reference to public

participation while reporting on the Convention’s implementation

DUM Ratified on 15/03/1994; accepted amendments 08/01/03

PEM Water Act (OJ RS, No 67/02) includes public participation in water management

for the implementation of Article 4.1 of the Protocol

Ratified on 15/03/1994

LBS Water Act (OJ RS, No 67/02) includes public participation in water management

for the implementation of Articles 5.2, 5.3, and 5.4 of the Protocol

Ratified on 16/09/1993; accepted amendments on 08/01/2003

SPB Nature Conservation Act (OJ RS No 56/99, 31/00 in 119/02) and new Nature

Conservation Act (OJ RS, No 96/04) refer to participation of local communities

(article 131 of the Act)

Ratified on 16/09/1993; ratified the SPA & biodiversity on 08/01/2003

OFF Has not signed nor ratified it

HAW Has not signed nor ratified it


Ratified on 16/01/2004


SPAIN


Remarks


Spain is active in this field. However no legislation is reported.

Public participation is mentioned only with reference to the Aarhus Convention which it

signed on 25/06/1998

DUM

PEM Signed the new Emergency Protocol on 25.01.02 but has not ratified it as yet

LBS

SPB

OFF Signed it on 14/10/1994 but has not ratified it until the end of 2003

HAW Has not entered into force nor ratified until the end of 2003


Signed on 25/01/2002 but not ratified until the end of 2003


SYRIA


Remarks


No legislation is reported Ratified on 26/12/1978; ratified amended version on 10/10/2003

DUM Ratified on 26/12/1978; has not ratified the amended version

PEM Ratified on 26/12/1978

LBS Ratified on 01/12/1993; has not ratified the amended version

SPB Ratified on 11/09/1992; ratified the SPA & Biodiversity on 10/10/2003

OFF Not ratified yet

HAW Not ratified yet


Not ratified yet


TUNISIA



The Code for management of territory requires public consultation

With Law No.98-15 of 23 Feb 1998 ratified the initial and amended

versions of the Convention and the Protocols; there is no reference to the

PEM Protocol

DUM

PEM

LBS

SPB

OFF

HAW


CONCLUSION:

There is some recent progress in implementation and in compliance but still there is need for “on the ground” enforcement strengthening of the enabling environment change of the relevant “culture” for full and proper implementation, which is still lagging behind

“The legal aspects of the Barcelona Convention and its Protocols”

A Mediterranean seminar on the practical elements of implementationAthens, Greece, 26-27 October 2006

COMJESDMEdIES

Education for Education for Sustainable Sustainable

DevelopmentDevelopment

COMPSUD


The existing, supported by MIO-ECSDE initiatives to strengthen public participation and relevant functions

COMJESD Circle of Mediterranean Journalists for Environment and

Sustainable Development Aim: to be an active informal forum through which the regular exchange of information and views about crucial Mediterranean environmental and sustainable development issues will be further promoted and enhanced, to contribute to the promotion of capacity building of media professionals and to the organization of joint and concerted actions so that information and communication experts will be encouraged and facilitated in their scope of sensitizing and informing Mediterranean societies, improving democratic and participatory processes and in linking more effectively the flow of information produced by scientists, NGOs, etc. to decision-making and social learning.Meetings on Dialogue on the protection of the Mediterranean environment and prospects for the sustainable development of the region (Athens, 2002; Cartagena, 2003; Istanbul, 2004; Lebanon, 2005; Cairo (to take place in November 2006)) with the participation not only of the environmental journalists but also relevant stakeholders, including Mediterranean Parliamentarians, members of NGOs and others.




COMPSUD Circle of Mediterranean Parliamentarians for

Sustainable Development

COMPSUD was created in December 2002 in the wake of the Johannesburg World Summit on Sustainable Development (WSSD), which reaffirmed sustainable development as a central element of the international agenda and emphasized the important role of partnerships and dialogue among the various stakeholders, including Parliamentarians and politicians at large. The Circle is an open, flexible and light structure, aiming to promote suitable mechanisms to support the dialogue among Members of Parliaments (from EU and non-EU Mediterranean countries), politicians and other Stakeholders on the protection of the Mediterranean environment and the necessary socio-economic conditions for the sustainable development of the region.Meetings:1st (founding) Athens, Greece (2002); Cartagena, Spain (2003); Istanbul, Turkey (October, 2004), Beirut, Lebanon (2005); Cairo, Egypt (to take place in November 2006).




Education for Sustainable Development (ESD) as a double pyramid




Environmental Education (EE) in the various Mediterranean countries

Integration of environmental topics and issues in the school curricula subjects in most of the Mediterranean countries: France, Greece, Israel, Italy, Malta, Morocco, Portugal, Tunisia, Turkey (primary).Separate courses on environment & environment as a transversal topic for teaching: Greece (optional), Jordan, Spain, Tunisia, Turkey (secondary-optional) Extra-curricula programmes/Thematic Networks on EE with high involvement and contribution of NGOs: in almost all countries




Example of a Regional Network on EE and ESD: MEdIES(Mediterranean Education Initiative for Environment & Sustainability)A Type II Initiative launched during the WSSD (Johannesburg, 2002) to

facilitate the educational community of the Mediterranean Region to

contribute to the endeavours towards Agenda 21 through the successful

implementation of educational materials on Education for Sustainable

Development.

MEdIES Core Group: Greek Ministry for Environment, Physical Planning & Public Works, Italian Ministry for Environment & Territory, UNESCO, UNEP/MAP, GWP- Med, MIO-ECSDE.

MEdIES Task Group: 39 members (NGOs, IGOs, Ministries/Agencies, Educational Institutions) from Mediterranean countries

MEdIES Network of Educators:: www.medies.net




http://www.medies.net/

MEdIES Activities - Publications: ‘Water in the Mediterranean’ (published in 6 languages), ‘Wastes in our lives’ (Greek publication/ English version in 2nd drafting), ‘Handbook on methods used in EE and ESD’, Proceedings of Conferences, Newsletters on EE in the Mediterranean (Sustainable Mediterranean No 30 and 34).- Training Seminars for educators (formal and non-formal), Conferences & Meetings: Athens, December 2002 (regional); Athens, October 2003 (national); Rome, March 2004 (national); Istanbul 2004 (national); Cairo 2004 (national), Lebanon 2005 (national), etc. -Webpage www.medies.net providing, inter alia,

- library with all MEdIES educational materials and basic documents on

EE/ESD, available for the members of the MEdIES Network

- updated information & news, announcements for meetings and competitions,

calls for projects, reports of meetings and conferences, etc.

- interactive platform for online communication among the Network’s members

through the webpage.




http://www.medies.net/

“public participation in the mediterranean and the framework of the barcelona convention” prof....

Documents

environmental information

selected information

active information

information flow

participation of groups

environmental issues

participation of ngos

active participation