In UNEP, the NGO/Civil Society Unit in the Division of Policy Development and Law forges partnership with these major groups throughout the world to (i) enhance their capacity to address environmental challenges, and (ii) facilitate their participation in various forums where they are given opportunity to voice their opinions with a view to creating synergies with governments to promote better environmental protection and governance.
A number of national laws and MEAs provide for participation of communities, NGOs, and other members of the public to participate in activities relating environmental management and protection. For example, the Aarhus Convention provides framework requirements for public participation in decision-making on projects, plans, programmes, policies, and legislation. The following pages include examples of public participation in various stages of environmental management from around the world.
Public Participation in Projects
In addition to the case studies here, additional examples of public participation in projects can be found following Guideline 42(a)
(especially the case study on “Implementing MEAs in the Decentralized Context of Benin”), as well as Guidelines 42(b) and 44.
Public Participation in Projects – Environmental Impact Assessment
Environmental impact assessment (EIA) procedures typically provide an opportunity for the public to participate in decisionmaking processes related to the development and implementation of projects. The specific procedures vary from State to State. Generally speaking, EIA is a process by which the government seeks to determine the potential impacts (usually environmental, but also possibly social and economic) of a proposed project. EIA laws usually provide members of the public with the opportunity to review a draft EIA report, comment on it, and have the drafter of the EIA consider their comments. The public may also have the opportunity to participate early in the assessment process, during the scoping phase.
Public Participation in Developing Legislation
A number of States allow the public to participate in developing legislation. While this is a general provision (where it exists), it applies also to the context of legislation implementing MEAs. In some States – for example, in certain States in Latin America – citizens and NGOs have submitted legislation. In some instances, the legislation prompted the Government to develop its own draft legislation on the topic and submit it to the legislature (Parliament, National Assembly, Congress, etc.) for consideration. In other instances, the draft legislation submitted by citizens was in addition to a bill that had been proposed by the Government or Member of Parliament. In certain instances, the two bills were merged, with contributions coming from both the Government and from civil society.
Public Participation in the Development of Plans and Programmes
Similar to the way that EIA provides opportunities to participate in decisionmaking related to projects, strategic environmental assessment (SEA) and other procedures allow members of the public opportunities to participate in the development of plans and programs.
Many MEAs provide for national implementation plans, priority-setting exercises, and other processes that explicitly or implicitly are best conducted with the participation of affected individuals, organisations, and businesses. These include, among others, the Convention on Biological Diversity and the Convention to Combat Desertification. Following is an illustrative example from Trinidad & Tobago on the participatory development of the country’s National Biodiversity Strategy and Action Plan (NBSAP) required under the CBD.
Many other States have gone through similar processes in developing their own NBSAPs, and there are a number of other activities relating to NBSAPs. For example, the CMS Secretariat and the CBD Secretariat are developing guidelines for integrating issues relating to migratory species into NBSAP processes. This project is being undertaken in conjunction with the United Nations University. The guidance, which will be supplemented with real-world case studies, will lead to the publication of guidelines.
Public Participation in Implementing MEAs
In addition to the case studies that follow regarding public participation in MEA implementation, see the case study on “Public-Private Dialogues in Brazil” as well as the other case studies following Guideline 42(b); the case study on “Brazil’s Participatory Process for Gathering Information on Biodiversity” following Guideline 41(a)(iii); and the case study on “Benin’s Experience with International Cooperation in Managing Protected Areas” following Guideline 48.
Public Participation in Enforcement
There are many ways that the public can participate in enforcement, from monitoring and reporting violations, to assisting in investigations, and bringing suit. In addition to the case studies below, the case studies and resources following Guideline 41(i) provide additional information on public involvement in enforcement processes.
General Approaches to Public Participation
Following are a variety of other approaches and experiences from States around the world for facilitating public involvement in the development, implementation, and enforcement of environmental laws.