Recognition of these rights is found in articles 19, 25 and 14 of the ICCPR respectively, with
similar recognition in regional instruments including the American Convention on Human Rights.
The importance of access to information in environmental matters was first clearly elaborated in
the Rio declaration, principle 10 of which states that “environmental issues are best handled
with participation of all concerned citizens” and principle 20 and 22 which specifically refer to the
need to ensure the participation of indigenous peoples and women. 33 Effective procedural rights
also provide a degree of accountability and transparency that may help to address institutional
corruption, (discussed below at page 22).
In 1998, the Convention on Access to Information, Public Participation in Decision-Making and
Access to Justice in Environmental Matters entered into force. It is recognised as the most
significant articulation of procedural rights in the environmental context, and, though a regional
treaty developed under the auspices of the UN Economic Commission for Europe, it is open for
signature by any country.
Further commentary on procedural rights and their essential elements can be found in Annex 4
Other areas of international law
Provisions exist in other areas of international law that may assist in addressing environmental
concerns. International humanitarian law provides one such example. Article 35.3 of Protocol
1 Additional to the Geneva Conventions of 1949 prohibits the employment of methods of
warfare which are intended or may be expected to cause widespread, long-term and severe
damage to the natural environment. Furthermore, the Convention on the Prohibition of Military
or Any Other Hostile Use of Environmental Modification Techniques, which has as its objective,
the prevention of environmental modification techniques as a weapon of war.
Recommendations
A list of recommendations is contained in Part 2. Recommendations relevant to this term of
reference include:
•
•
•
•
•
1.3.
2.1.
2.4.
3.1.
4.2.
Application of existing rights
Review of Domestic Regulation
Procedural rights
Domestic Implementation
Public Awareness
33
See Rio Declaration on Environment and Development. A/CONF.151/26 (Vol. I). 12 August 1992 Available at:
http://www.un.org/documents/ga/conf151/aconf15126-1annex1.htm. See also ILO 169, above note 25, Art 15.
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