Involving the Public - Mining and the Environment: From Ore to Metal - page 125

to information concerning the environment that is held by public authorities, including
information on hazardous materials and activities in their communities, and the opportu-
nity to participate in decision-making processes. States shall facilitate and encourage public
awareness and participation by making information widely available. Effective access to
judicial and administrative proceedings, including redress and remedy, shall be provided'.
It would be difi cult to overstate the signii cance of Principle 10 in providing a man-
date to regional and international governance development in the decade following the
Rio Declaration, as well as to an underlying commitment motivating national law mak-
ing. Since 1992 international organizations, in particular the World Bank, have made
steps towards making public consultation and involvement an integral constituent of their
development loans (World Bank 1999). With the advent of the Equator Principles in 2003
public involvement has now also become mandatory in private sector i nancing.
From a European perspective, the most important initiative is the 1998 UN/ECE
Convention on Access to Information, Public Participation in Decision-Making and Access
to Justice in Environmental Matters. The ECE (Economic Commission for Europe) is a
regional body of the United Nations and includes 55 countries. The European Community
plus 39 other nations signed the convention (also known as the Aarhus Convention) in 1998
and it came into force on 30 October 2001. Described by the then UN Secretary General,
Koi Annan, as 'the most ambitious venture in environmental democracy so far undertaken
under the United Nations,' the Aarhus Convention is based on three pillars: (1) access to
information; (2) public participation in decision-making; and (3) access to justice.
The i rst pillar of the Aarhus Convention addresses concerns over the difi culties faced by
the public in gaining access to environmental information. It aims to ensure that individuals
are informed about their environment and that their role in decision-making is on an informed
basis. It includes requirements that public authorities supply certain information on request
and within time limits, and that they collect, possess, and disseminate certain information.
The second pillar aims to improve public participation in decisions relating to the envi-
ronment. It accords individuals the right to participate in decision-making that may have
signii cant environmental impacts. It requires the establishment of a transparent and fair
framework, within which the public will participate in the preparation of plans and pro-
grammes relating to the environment, in other words, that there should be effective public
participation in the preparation of law and rules with environmental impacts.
The third pillar promotes access to justice. It requires that individuals have the right
to challenge decisions concerning their access to information or public participation, by
means of an independent review by a court of law or other independent body. Individuals
should also have access to these review procedures to challenge violations of national law
on the environment. While the Aarhus Convention is relatively restricted both in its pro-
cedural and in its geographical reach, it is path-breaking in the depth to which it seeks to
democratize environmental debate and protection.

The second pillar aims to
improve public participation
in decisions relating to the
environment. It accords
individuals the right to participate
in decision-making that may have
signifi cant environmental impacts.

The Extent of Information Disclosure and Public Consultation
at the Project Level

At the project level information and environmental assessment reports for EPFI projects
are intended to be accessible to interested parties and the general public. The extent of
disclosure and the need for consultation depends on the project categorization (EP 1), and
the adequacy of public involvement is one of the criteria used to determine the project's
compliance with the Equator Principles.