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Environmental Rights Will Become Law

Posted: 28/02/2005

The Government has, at last, ratified the Aarhus Convention, formally known as the UN/ECE Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters. It was signed in 1998 at the Danish city of Aarhus. Thirty-four European countries have now ratified or acceded to this regional Convention. For more information see www.unece.org/env/pp...

Friends of the Earth have urged the Government to ensure that the rights set out in the Convention are now properly implemented and protected in domestic law. The Convention, which has been drawn up through the United Nations and which will now enter into UK law in 90 days, is intended to "contribute to the protection of the right of every person of present and future generations to live in an environment adequate to his or her health and well-being".

It gives members of the public the right to know what is happening when environmental decisions are made; the right to be involved in the decision making process; and the right to challenge any decision in the courts in a way which is fair and accessible. Friends of the Earth said these new rights were a major step forward, which would allow the public much greater opportunity to shape the decisions that affect their environment such as the planting of GM crops, granting of waste licenses and planning issues. The Convention has been described by UN Secretary-General Kofi Annan, as "the most ambitious venture in the area of `environmental democracy' so far undertaken under the auspices of the United Nations."

Friends of the Earth Rights and Justice Campaigner Alison Dilworth said: "This important Convention is finally becoming law in this country after a seven year delay, and people's rights to protect the environment will become stronger as a result. The Government must ensure that these rights are properly implemented and enshrined in UK law." The Aarhus Convention entered into force on 30 October 2001, but despite signing up in 1998, the UK Government has delayed ratifying the Convention until now. It will now come into force in this country on the 23rd May 2005.

Friends of the Earth believes that despite recently introduced legislation on access to information, the UK still falls far short of its obligations under the Convention in relation to access to justice where members of the public still face potentially huge costs if they wish to go to Court to protect the environment. The environmental group is calling on the UK Government to ensure that access to the courts in such cases is improved.

The full Convention is on-line at http://www.unece.org/env/pp/documents/cep43e.pdf[2]
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