Application of the principles to key rights The following section provides examples of how each of the principle described above my be encapsulated in the procedural rights: access to information; public participation (in decisionmaking); and access to justice (remedies). They are illustrative of the issues NHRIs may choose to raise in advocating for procedural rights. For more detailed examples and explanation about implementing and enforcing procedural rights see: Stephen Stec and Susan Casey-Lefkowitz in collaboration with Jerzy Jendroska for the Economic Commission for Europe, The Aarhus Convention: An Implementation Guide (2000) <http://www.unece.org/env/pp/acig.pdf> at 6 December 2007. Access to Information A1. The concept of ‘information’ should be construed broadly. It should include: • • • information on environmental elements (for example, air, water, land) and environmental issues (for example, desalination, air pollution etc); information on projects affecting the environment (for example, construction activities, laws involving the environment); and information about the impact of the environment or environmental degradation may have on the ecosystem generally, and on humans, flora, fauna etc. A2. Anyone and any community should be able to request environmental information from any government agency, other entity conducting a public function, or non-state actor engaging in an activity or practice affecting the environment. A3. Anyone and any community should be able to request information relating to environmental matters at any stage during a decision-making, or similar, process. A4. The state should develop and disperse information about how to exercise participatory rights: for example, policies and procedures on how to access information. This information and the processes for exercising participatory rights should be clear, and the state should facilitate public understanding of this information. A5. The time frames within which people may request information should be reasonable. A6. Information should be made available promptly. A7. Information should be disseminated in widely available and easily accessible forms, which are appropriate for its audience: for example, • • • information should be free of charge, or available at a minimal cost, and costs should not be used as financial constraints impeding access to information; where electronic access is available, electronic tools, such as interactive databases and registers, should be used; where electronic access is not available, information should be available in convenient locations, such as at an information reference centre. A8. Information should be translated into official languages, or the language of the person or the community affected by the environmental issue, or requesting information, where reasonable. - 51 -

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