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This website is designed to guide users through the
area of international treaties, conventions, standards and guidelines
applicable to biotechnology. |
Title: United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus Convention) |
Summary of Provisions:The Aarhus Convention by linking environmental issues to human rights provides for the public in member states to have: (i) access to information on the environment; (ii) the opportunity and ability to participate in decision-making in key environmental matters; and (iii) to access justice in matters involving the previous two points. General provisions in Article 3 of the Convention oblige states to institute whatever "legislative, regulatory or other measures" are needed to provide access to information and justice and for participation, including enforcement measures (http://www.unece.org/env/pp/documents/cep43e.pdf). Article 3 also obliges states to: educate and assist the public in gaining awareness of environmental issues; provide support to public groups working on issues of environmental protection; not discriminate in providing access and participation; and support the principles of the Convention in work on other international environmental agreements. Articles 4 to 9 of the Convention detail more specific provisions for the three areas. These include inter alia: timing of access to information and participation; reasons why requests for information may be refused (for national security, confidentiality etc.); ensuring adequate updating, flow and dissemination of information; production of national environmental reports (at least every 3 to 4 years); and provision of sufficient product information to enable consumer choice on the basis of environmental protection. Article 6.4 on the timing of participation states that, "Each Party shall provide for early public participation, when all options are open and effective public participation can take place." and Article 6.8 that, "Each party shall ensure that in the decision due account is taken of the outcome of the public participation." Article 6.11 indicates the relevance of this Article to decisions on the deliberate release of genetically modified organisms. The remaining Articles of the Convention specify when meetings of the parties should occur (at least once every two years), the nature and responsibility of the secretariat and the future establishment of compliance arrangements. Summary of Development:The Convention was adopted in June 1998 in Aarhus, Denmark and entered into force in October 2001. The first meeting of the parties took place in October 2002. At the first meeting a novel form of compliance mechanism which allows the public to make complaints directly to a Compliance Committee was established and Guidelines on Access to Information, Public Participation and Access to Justice with Respect to Genetically Modified Organisms were adopted. These Guidelines are non-binding, but reinforce and clarify the relevance of the Convention to the subject of genetically modified organisms and give practical advice on applying the Convention to this area. Particularly the Guidelines state in section 2.4 that: "public participation…should be provided for…in the following GMO-related
decision-making procedures: Current Status:The UNECE is a regional commission of the United Nations and its membership is geographically limited. The UNECE has 55 member states mostly European but also including the Russian Federation, Canada and the United States. The Convention has 40 signatories and 35 ratifications.Precursors:Principle 10 of the 1992 Rio Convention on Environment and Development (http://www.unep.org/Documents/Default.asp?DocumentID=78&ArticleID=1163)Related Summaries on the Genomics Gateway Site:Cartagena Protocol on Biosafety Page last updated 9th March 2005 Comments/enquiries to peaceweb'at'bradford.ac.uk
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