I'm forwarding this to the list for those who might be
interested...and (perhaps) to spur on conversation about what "public
participation" means for women and environment.
Stefanie Rixecker
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Date sent: 17 Sep 1994 18:23:46 -0600
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From: Preston Hardison <[EMAIL PROTECTED]>
Subject: Summit of the Americas - Public Participation
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This comes from the EcoNet/IGC conference env.summitamer on the
upcoming Summit of the Americas. For more information about EcoNet,
send a blank e-mail message to [EMAIL PROTECTED]
Written: Aug 19, 1994 by dcaudubon in igc:env.summitamer
GUIDING PRINCIPLES FOR PROMOTING EFFECTIVE PUBLIC PARTICIPATION
The upcoming Summit offers a unique opportunity for the
governments of the hemisphere to commit to a set of guiding
principles for promoting effective public participation in
democratic governance. The principles would apply to a) all
government activities in all sectors and at all levels, as well as
to b) bilateral and multilateral agreements and activities in the
region.
Background
In recent years, a consensus has been building among
governments and non-government entities at both international
and regional levels on the role of public participation in the
development and implementation of institutional systems for
governance. Agreements ranging from Agenda 21 to the North
American Agreement on Environmental Cooperation have recognized
and promoted public participation as fundamental to effective
systems of democratic governance.
The emergence of a set of guiding principles for promoting
effective public participation in government represents both a
pragmatic and ethical approach to democratic governance. Public
participation is necessary both to the development of sound laws
and policies and to the effective enforcement of the same. The
respect of citizens for the law largely derives from trust that
the lawmaking process allows for consideration of their views.
Public participation in the process enables lawmakers to gather
complete information on issues and set priorities.
Public participation in monitoring and enforcement efforts is
necessary to complement efforts by the governments. National,
state and local governments as well as regional bodies do not have
violations of law. Citizens can also serve a watchdog function,
assuring that the various branches and levels of government
properly and fully carry out their respective responsibilities.
Although the environmental community has been one of the most
vocal advocates in support of the incorporation of effective
mechanisms for public participation, the need for these mechanisms
is not limited to maintaining the integrity of environmental
protection. All governmental regulation and management systems --
whether related to financial institutions, fiscal management, or
trade -- require the inclusion of public participation mechanisms
to assure the integrity and effectiveness of the democratic
process.
Principles for Effective Public Participation
The following constitute the basic principles for realizing
effective public participation:
Access to Information
The public should have the right of access to information in
the possession of the government, as well as information within
the possession of entities, that may affect the health, welfare,
or safety of the public. Practical implementation of these rights
necessitates parallel mechanisms for generating information
relating to the public and its health, welfare, and safety, such
as monitoring and reporting requirements as well as government
support for research and education efforts.
Transparency and Public Participation in the Development of
Laws, Regulations, and Policies
The public should have the right to have prior notice of
proposed laws, regulations, and policies, as well as the right to
comment and be heard concerning the proposed rules.
Private Access to Remedies
The public (and especially persons with a recognized interest
in any issue) should have the right of access to the judiciary and
effective remedies should be available to assure protection of
individual rights.
Fair, Open and Equitable Processes: Administrative, Quasi-
Judicial and Judicial Proceedings
Administrative, quasi-judicial, and judicial processes should
be fair, open to the public, and allow all participants the right
to confront their accusers.
Fair and Open Election Processes
All governments should provide for, and implement, fair and
open election procedures for officials subject to public
selection.
Participation of Indigenous Peoples
Special efforts need to be made to incorporate the views and
participation of indigenous peoples in decisions which affect
their communities, cultures, health, welfare and lands.
A Proposed Action Plan
It is proposed that the following actions be taken:
% A joint declaration by the Heads of State announcing their
commitment to implement the foregoing principles in all
sectors and at all levels of government.
% Individual country announcements highlighting recent
initiatives involving adoption or implementation of these
principles.
% A U.S. announcement calling for/supporting NGO/private
sector participation in the teams negotiating the Summit
agenda.
% A U.S. announcement calling for/supporting a preparatory
meeting to the Summit involving NGOs, government and the
private sector.
Supporting Organizations
The Environmental Law Institute
The National Audubon Society
The Nature Conservancy
The Center for International Environmental Law
The Healing Forest Conservancy
The Bank Information Center
National Wildlife Federation
For More Information Contact:
Susan Bass
Director, Inter-American Program
Environmental Law Institute
1616 P Street, NW
Washington, D.C. 20036
(202) 328-5150
(202) 328-5002 (fax)
i
