Transcript Successes, Failures and Lessons Learned: Implementation of the Aarhus Convention in South and Eastern Europe Magda Tóth Nagy Public Participation Program Alma Aty, MoP-2, May 27, 2005

Successes, Failures and
Lessons Learned:
Implementation of the Aarhus
Convention in South and
Eastern Europe
Magda Tóth Nagy
Public Participation Program
Alma Aty, MoP-2, May 27, 2005
Content
• Introduction
• Achievements in
SEE
• Successes,
problems, remaining
challenges
• Lessons learned
www.rec.org
The Aarhus Convention: An instrument for
major breakthrough in citizens’ rights
Aarhus Convention
• Ratified by Albania,
Bulgaria, FYR Macedonia,
Romania
• Signed by Croatia and
BIH
• In process of accession:
Serbia and Montenegro
• Special situation: Kosovo
(UNMIK)
• Process reinforced by EU,
ratification and new
directives and accession
efforts
www.rec.org
Achievements in SEE
Complex and strategic
approach:
• Assessment of status, needs
and priorities
• Developing strategies and
action plans
• Combination of technical
assistance and different
capacity building methods
• Regional, national and local
activities
• Building synergies with other
processes (EU accession)
• Integrating Aarhus Convention
provisions in different sectors
(e.g.: environment and water,
waste, energy, etc.)
www.rec.org
Successes, Problems and Remaining
Challenges in SEE
• All countries made
substantial progress
• Legislative framework for
pillars AI and PP mostly in
place but for third pillar
incomplete in some
countries
• EU candidate countries:
only small gaps in
legislation
• SEE: General laws are
there but implementing
regulations procedures,
mechanisms are missing
www.rec.org
Successes, Problems and Remaining
Challenges: Access to Environmental
Information
•
Institutional/practical mechanisms
•
•
•
•
•
•
EU candidate countries: in place
but need further improvements
• In other SEE countries often
missing
Good examples: Bulgaria, Romania,
Macedonia
Detailed procedures for providing
access and active dissemination
missing in many countries
Conflict between horizontal and
special laws
No common requirements/
guidance on interpretation of
confidentiality
Limited technical, human and
financial resources
www.rec.org
Successes, Problems and Remaining
Challenges: PP in
Environmental Decision-making
Article 6-7
•
•
•
•
•
•
Increased interest of public to
participate in PP in EIA in big
investments
In drafting legislation and
development of plans at regional
and local level
Good examples: LEAPs
Detailed procedures and guidance
missing in SEE while in candidate
countries implementing practice
needs to be improved
Difficulties in implementing some
of Art. 6 requirements in practice
Differing practices across agencies
and sectors
www.rec.org
Successes, Problems and Remaining
Challenges: Access to Justice
• Candidate countries:
many partly successful
cases in Bulgaria
• Few or no appeal and
court cases in SEE
countries
• Reform of judicial system
underway in SEE
• Financial and other
barriers
• Injunctive relief not used
• Judges and prosecutors
do not know and apply
Aarhus Convention
www.rec.org
Successes, Problems and Remaining
Challenges
• Looking beyond short
term interests
• Implementation of AI
and PP pillars at the
local level by
municipalities and other
authorities remains a
challenge
www.rec.org
Lessons Learned
• Long term strategic
approach provides stable
framework for more efficient,
systematic and focused
implementation
• Need for continuous
commitment and initiatives
by the countries regardless
of funding
• Structures to support
integrated and participatory
approach in implementation
(inter-governmental working
groups, civil society
involvement)
www.rec.org
Lessons learned
• Focus more on involvement
of and targeting other
ministries and agencies
• More efforts to address the
local community level projects
• Matching regional experience
sharing and country specific
approach: networking, joint
capacity building
• Tools to support capacity
building for officials, NGOs,
judiciary and other
stakeholders
• Flexible framework for
projects
www.rec.org