Importance of the Aarhus convention for Danubian Countries in Transition with Special Regard to Environmental Information
by Vid Vukasović, Ph.D. [1]
article presented at the XII International Conference "Danube - River of Cooperation" (October, 11-14 2001) and published in Danubius 1-2/2001
The Convention on Access to Environmental Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus convention) has been signed in Aarhus (Denmark) in 1998, as a result of two years of difficult negotiations, initiated and organized by the United Nations Economic Commission for Europe (UNECE). It is, as it is explicitly mentioned in its Preamble, equally important for two domains: environmental protection and human rights protection.
The Aarhus Convention, which is expected to come in force at the end of October 2001, regulates three important sectors (so called three main pillars of the Convention): Access to Environmental Information, Public Participation in Decision-making and Access to Justice in Environmental Matters.
The text of the Convention is a compromise between those who (and among them were especially active NGO-s [2] were in favour of total freedom of environmental information, and some States which wanted to preserve the right to refuse the information in certain cases (Art. 5). The long list of exemptions of information is certainly one of the weak points of the Convention and it deserves, due to that, sharp criticism [3]. In spite of the fact, however, there is no doubt that the Convention is a step forward because it "goes well beyond norms existing in international law and national environmental legislation in many countries" [4].
The implementation of the Aarhus Convention is of high importance for all European countries and especially for those in transition including, of course, the Danubian ones. It will be a contribution not only to the overall effort to regulate better the environmental protection but also to the process of better protection of human rights and of further democratization. If they want to implement this international legal document, they should among other things harmonize both their legislation and their practice (of the public authorities, judicial system, mass-media, research institutions etc.,) to the standards set by the Convention.
Especially active in implementations of the Aarhus Concvention are international organizations, and among them a special role, when the countries in transition are concerned, has been played by the Regional Environmental Center for Central and Eastern Europe (REC). It coordinates or organizes seminars, research projects, publishes guides and textbooks [5] and has many other activities in all these countries with an intent to prepare them for implmentation of the Convention not only by harmonization of their legal and judicial systems but by training the staff and preparing the public opinion.
Finally, it should be added that the Convention is a process. There is no doubt that it needs further improvement. It will be revewed in a not too distant future and probably some of its provisions which are today critisized will be changed. To what extent and towards what direction is up to the Contracting Parties to decide, and among them the Danubian Countries in transition will play an active role.
[1] Senior Research Fellow of the Institute of International Politics and Economics, Belgrade. Head of the International Law Department
Diploma in Air and Space Law, McGill University, Montreal
Address: Makedonska 25, 11000 Belgrade, SCG
e-mail: vvid@diplomacy.bg.ac.yu
[2]And especially the Pan-European NGO Coalition
[3]Magda Toth Nagy, Convention Opens Door to Public, The Bulletin, Vol. 8, No. 1, 1998, Szentendre, p. 12.
[4]Ibidem
[5]For instance, "Pravo na adekvatnu životnu sredinu" (Right to Adequuate Environment), edited by D. Todić and Vid Vukasović, published by the REC and Jugoslovenski forum za zaštitu životne sredine Podunavskog sliva, Belgrade, 2001. Website: www.recyu.org
This article was downloaded / printed from www.danube-cooperation.com