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“Public Participation in the Mediterranean and the framework of the Barcelona Convention”

“Public Participation in the Mediterranean and the framework of the Barcelona Convention” Prof. Michael J. Scoullos University of Athens Chairman of MIO-ECSDE and GWP-Med. “The legal aspects of the Barcelona Convention and its Protocols”

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“Public Participation in the Mediterranean and the framework of the Barcelona Convention”

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  1. “Public Participation in the Mediterranean and the framework of the Barcelona Convention” Prof. Michael J. Scoullos University of Athens Chairman of MIO-ECSDE and GWP-Med “The legal aspects of the Barcelona Convention and its Protocols” A Mediterranean seminar on the practical elements of implementation Athens, Greece, 26-27 October 2006

  2. Public participation Education for Sustainable Development Public awareness Public or stakeholder participation is one of the facets of a tetrahedron “The legal aspects of the Barcelona Convention and its Protocols” A Mediterranean seminar on the practical elements of implementation Athens, Greece, 26-27 October 2006

  3. Information: a two-way reaction What information? To whom is the information provided? By whom? How? Environmental Information: Trust in information resources (Eurobarometer 58.0 ‘The attitudes of the Europeans towards the environment’, December 2002) (%) (1) Environmental Protection Organisations (2) Scientists (3) Consumer Organisations & other Citizen’s Organisations (4) Television (5) EU (6) National government (7) Teachers at school or university (8) Regional/local government (9) Political parties standing for environment (10) Newspapers (11) Family/friends/colleagues (12) none of them (13) DK (14) The radio (15) Trade Unions (16) Companies

  4. “Public Participation in the Mediterranean and the framework of the Barcelona Convention” Participatory process = an evolving process 0. No participatory practices at all. 1.Passive provision of unsystematic, arbitrarily selected information on environmental issues passed by the authorities to the public. Passive, uncoordinated environmental education projects developed ad hoc. 2.Acceptance of need for information flow on environmental issues by the authorities. 3.Participation of NGOs to information campaigns on conservation and restoration issues. 4.“Active” information: responding to requests by the public. Various means for access to selected information held by the authorities on environment and development issues. 5.Financial support to joint information campaigns and selected NGO projects. Introduction of environmental education projects in selected schools or groups. Systematic large scale awareness campaigns. 6.Consultations and ad hoc dialogue between citizens groups, NGOs, local authorities and the State without secured follow-up. Environmental education in curricula and/or coordinated networks and programmes. 7.Facilitation and advocacy by the authorities for access of independent civil groups and NGOs to international funds for projects or their operation, with no strings attached. 8. Facilitation mechanisms for participation of the public in the assessment of EIAs.

  5. “Public Participation in the Mediterranean and the framework of the Barcelona Convention” Participatory process = an evolving process 9. Active participation of the public through transparent mechanisms in drafting “sustainability charters”/Local Agenda 21, etc. 10.Full access of the public to the environmental and development information base of the State. 11.Participation of groups in the monitoring of implementation and management of sustainability plans. 12.Institutionalisation of 7. 13.Financing of projects and plans for “independent assessments” (counter-assessments) or counter-EIAs for controversial projects. 14.Institutionalisation of 10. 15.Access of public groups to justice including cases of liability and compensations for environmental damages. 16. Access of public groups to supporting funds and credit for operation and projects by national and international sources with no strings attached. 17.Full partnership in a balanced governance with full support to NGOs, local authorities and the public for a participation on equal footing.

  6. “Public Participation in the Mediterranean and the framework of the Barcelona Convention” The “participatory process” = an evolving process

  7. “Public Participation in the Mediterranean and the framework of the Barcelona Convention” Representation of the situation of public participation in the Mediterranean region

  8. “Public Participation in the Mediterranean and the framework of the Barcelona Convention” The situation of public participation in the Mediterranean ~ an ellipsis shape, basically due to the lack of institutionalisation of the participatory processes, inadequate funding, lack of access to credit, etc. (the ‘ideal’ scheme is the one of a “growing” circle) “The legal aspects of the Barcelona Convention and its Protocols” A Mediterranean seminar on the practical elements of implementation Athens, Greece, 26-27 October 2006

  9. “Public Participation in the Mediterranean and the framework of the Barcelona Convention” The most basic “root” problems delaying the progress in the area of the participatory processes in the Mediterranean are the following: - Lacking or inadequate legal, institutional framework providing for public participation (including access to information, access to decision making and justice); - Inadequate administrative infrastructures coupled with limited resources to cope technically with the requests by the public; - Lack of coordination among the various administrative sectors and public agencies, reducing their ability to be efficient and participatory even with other departments or services; - Fragmentation of NGO and civil society initiatives and weak structures, particularly at national level, where most of the environmentally critical decisions are made; - Reluctance by the authorities to provide information to the public even when this is technically and legally feasible due to lack of acceptance by many authorities and the majority of civil servants of the civil groups and NGOs as legitimate “partners”. In most Mediterranean countries the representatives of the public do not enjoy yet, in practice, the respect and attention by the authorities which they should, despite the generous statements and declarations of good intent by the governments.

  10. “Public Participation in the Mediterranean and the framework of the Barcelona Convention” The participatory procedures in several Mediterranean countries are directly or indirectly linked to: 1. The functioning of Regional, Prefectural or Local Councils where NGOs are invited to participate on permanent or occasional basis for all or specific issues. 2. Public debates on EIAs (Environmental Impact Assessments) in many of the cases where these assessments are part of the administrative practice and definitely in the EU Mediterranean countries. 3. Committees supervising or monitoring important projects e.g. on protected areas, etc., and particularly those funded by the EU or other International bodies such as the EIB, WB, METAP, etc. 4. National Commissions on Sustainable Development or Local Agenda 21 projects. 5. The provisions of the Water Framework Directive –WFD, (for the European Mediterranean countries) ensuring active participation of all stakeholders including NGOs and local communities in water management.

  11. “Public Participation in the Mediterranean and the framework of the Barcelona Convention” Examples* Existing measures to promote environmental Information: Croatia, Cyprus, Greece, France, Malta, Tunisia, and in various forms in other countries Legislation for access to information: Cyprus, Bosnia-Herzegovina, Greece, Italy, Portugal, Spain Environmental institutions for promoting information, education and awareness raising activities: Algeria, Egypt, Greece, Morocco, and in various forms in other countries National legislation for involvement of the public in the decision-making process: Albania (legislation in pipeline), Bosnia-Herzegovina, Israel, Spain Involvement of the public in the decision-making process: Lebanon (not at local level); Croatia, Malta, Syria (through EIA process); France (at local level); Tunisia (largely through NGOs and local authorities). NGOs Backing: in various forms in most countries Co-operation of NGOs with national institutions: in various degrees and patterns in many countries “Strategic Review for Sustainable Development in the Mediterranean Region”, UNEP/MAP, Athens, 2001 “The legal aspects of the Barcelona Convention and its Protocols” A Mediterranean seminar on the practical elements of implementation Athens, Greece, 26-27 October 2006

  12. “Public Participation in the Mediterranean and the framework of the Barcelona Convention” The existing participatory procedures at regional level 1. Barcelona Convention: MAP Partners 2. The Mediterranean Commission for Sustainable Development (MCSD) – equal footing in a wide-based membership structure. 3. The Comité de Suivi (CdS) – a major NGO platform for coordinated input to SMAP/EuroMed process. 4. The Euro-Mediterranean Civil Forum (through the newly established Euro-Mediterranean Non Governmental Platform) “The legal aspects of the Barcelona Convention and its Protocols” A Mediterranean seminar on the practical elements of implementation Athens, Greece, 26-27 October 2006

  13. Public Participation provisions in the Barcelona Convention and its Protocols

  14. Public Participation provisions in the Barcelona Convention and its Protocols

  15. Public Participation provisions in the text of the Barcelona Convention • Article 15: Public Information and Participation • The Contracting Parties shall ensure that their competent authorities shall give to the public appropriate access to information on the environmental state in the field of application of the Convention and the Protocols, on activities or measures adversely affecting or likely to affect it and on activities carried out or measures taken in accordance with the Convention and the Protocols. • 2. The Contracting Parties shall ensure that the opportunity is given to the public to participate in decision-making processes relevant to the field of application of the Convention and the Protocols, as appropriate. • 3. The provision of paragraph 1. of this Article shall not prejudice the right of Contracting Parties to refuse, in accordance with their legal systems and applicable international regulations, to provide access to such information on the ground of confidentiality, public security or investigation proceedings, stating the reasons for such a refusal.

  16. Legislation relating to public participation deriving from the implementation of the Barcelona Convention and its Protocols ALBANIA [1] UNECE Convention on Access to Information, Public Participation and Access to Justice in Environmental Matters (Aarhus, 1998)

  17. Legislation relating to public participation deriving from the implementation of the Barcelona Convention and its Protocols ALGERIA

  18. Legislation relating to public participation deriving from the implementation of the Barcelona Convention and its Protocols BOSNIA & HERZEGOVINA

  19. Legislation relating to public participation deriving from the implementation of the Barcelona Convention and its Protocols CROATIA

  20. Legislation relating to public participation deriving from the implementation of the Barcelona Convention and its Protocols CYPRUS

  21. Legislation relating to public participation deriving from the implementation of the Barcelona Convention and its Protocols EC

  22. Legislation relating to public participation deriving from the implementation of the Barcelona Convention and its Protocols FRANCE

  23. Legislation relating to public participation deriving from the implementation of the Barcelona Convention and its Protocols GREECE

  24. Legislation relating to public participation deriving from the implementation of the Barcelona Convention and its Protocols ITALY

  25. Legislation relating to public participation deriving from the implementation of the Barcelona Convention and its Protocols ISRAEL

  26. Legislation relating to public participation deriving from the implementation of the Barcelona Convention and its Protocols LIBYA

  27. Legislation relating to public participation deriving from the implementation of the Barcelona Convention and its Protocols MONACO MOROCCO

  28. Legislation relating to public participation deriving from the implementation of the Barcelona Convention and its Protocols SERBIA & MONTENEGRO

  29. Legislation relating to public participation deriving from the implementation of the Barcelona Convention and its Protocols SLOVENIA

  30. Legislation relating to public participation deriving from the implementation of the Barcelona Convention and its Protocols SPAIN

  31. Legislation relating to public participation deriving from the implementation of the Barcelona Convention and its Protocols SYRIA

  32. Legislation relating to public participation deriving from the implementation of the Barcelona Convention and its Protocols TUNISIA

  33. Legislation relating to public participation deriving from the implementation of the Barcelona Convention and its Protocols • CONCLUSION: • There is some recent progress in implementation and in compliance but still there is need for • “on the ground” enforcement • strengthening of the enabling environment • change of the relevant “culture” for full and proper implementation, which is still lagging behind

  34. Education for Sustainable Development “Public Participation in the Mediterranean and the framework of the Barcelona Convention” The existing, supported by MIO-ECSDE initiatives to strengthen public participation and relevant functions COMJESD MEdIES COMPSUD “The legal aspects of the Barcelona Convention and its Protocols” A Mediterranean seminar on the practical elements of implementation Athens, Greece, 26-27 October 2006

  35. “Public Participation in the Mediterranean and the framework of the Barcelona Convention” COMJESD Circle of Mediterranean Journalists for Environment and Sustainable Development Aim: to be an active informal forum through which the regular exchange of information and views about crucial Mediterranean environmental and sustainable development issues will be further promoted and enhanced, to contribute to the promotion of capacity building of media professionals and to the organization of joint and concerted actions so that information and communication experts will be encouraged and facilitated in their scope of sensitizing and informing Mediterranean societies, improving democratic and participatory processes and in linking more effectively the flow of information produced by scientists, NGOs, etc. to decision-making and social learning. Meetings on Dialogue on the protection of the Mediterranean environment and prospects for the sustainable development of the region (Athens, 2002; Cartagena, 2003; Istanbul, 2004; Lebanon, 2005; Cairo (to take place in November 2006)) with the participation not only of the environmental journalists but also relevant stakeholders, including Mediterranean Parliamentarians, members of NGOs and others. “The legal aspects of the Barcelona Convention and its Protocols” A Mediterranean seminar on the practical elements of implementation Athens, Greece, 26-27 October 2006

  36. “Public Participation in the Mediterranean and the framework of the Barcelona Convention” COMPSUD Circle of Mediterranean Parliamentarians for Sustainable Development COMPSUDwas created in December 2002 in the wake of the Johannesburg World Summit on Sustainable Development (WSSD), which reaffirmed sustainable development as a central element of the international agenda and emphasized the important role of partnerships and dialogue among the various stakeholders, including Parliamentarians and politicians at large. The Circle is an open, flexible and light structure, aiming to promote suitable mechanisms to support the dialogue among Members of Parliaments (from EU and non-EU Mediterranean countries), politicians and other Stakeholders on the protection of the Mediterranean environment and the necessary socio-economic conditions for the sustainable development of the region. Meetings:1st (founding) Athens, Greece (2002); Cartagena, Spain (2003); Istanbul, Turkey (October, 2004), Beirut, Lebanon (2005); Cairo, Egypt (to take place in November 2006). “The legal aspects of the Barcelona Convention and its Protocols” A Mediterranean seminar on the practical elements of implementation Athens, Greece, 26-27 October 2006

  37. “Public Participation in the Mediterranean and the framework of the Barcelona Convention” Education for Sustainable Development (ESD) as a double pyramid “The legal aspects of the Barcelona Convention and its Protocols” A Mediterranean seminar on the practical elements of implementation Athens, Greece, 26-27 October 2006

  38. “Public Participation in the Mediterranean and the framework of the Barcelona Convention” Environmental Education (EE) in the various Mediterranean countries Integration of environmental topics and issues in the school curricula subjects in most of the Mediterranean countries: France, Greece, Israel, Italy, Malta, Morocco, Portugal, Tunisia, Turkey (primary). Separate courses on environment & environment as a transversal topic for teaching: Greece (optional), Jordan, Spain, Tunisia, Turkey (secondary-optional) Extra-curricula programmes/Thematic Networks on EE with high involvement and contribution of NGOs: in almost all countries “The legal aspects of the Barcelona Convention and its Protocols” A Mediterranean seminar on the practical elements of implementation Athens, Greece, 26-27 October 2006

  39. “Public Participation in the Mediterranean and the framework of the Barcelona Convention” Example of a Regional Network on EE and ESD: MEdIES (Mediterranean Education Initiative for Environment & Sustainability) A Type II Initiative launched during the WSSD (Johannesburg, 2002) to facilitate the educational community of the Mediterranean Region to contribute to the endeavours towards Agenda 21 through the successful implementation of educational materials on Education for Sustainable Development. MEdIES Core Group: Greek Ministry for Environment, Physical Planning & Public Works, Italian Ministry for Environment & Territory, UNESCO, UNEP/MAP, GWP- Med, MIO-ECSDE. MEdIES Task Group: 39 members (NGOs, IGOs, Ministries/Agencies, Educational Institutions) from Mediterraneancountries MEdIES Network of Educators:www.medies.net “The legal aspects of the Barcelona Convention and its Protocols” A Mediterranean seminar on the practical elements of implementation Athens, Greece, 26-27 October 2006

  40. “Public Participation in the Mediterranean and the framework of the Barcelona Convention” • MEdIES Activities • - Publications: ‘Water in the Mediterranean’ (published in 6 languages), ‘Wastes in our lives’ (Greek publication/ English version in 2nd drafting), ‘Handbook on methods used in EE and ESD’, Proceedings of Conferences, Newsletters on EE in the Mediterranean (Sustainable Mediterranean No 30 and 34). • - Training Seminars for educators (formal and non-formal), Conferences & Meetings: Athens, December 2002 (regional); Athens, October 2003 (national); Rome, March 2004 (national); Istanbul 2004 (national); Cairo 2004 (national), Lebanon 2005 (national), etc. • Webpage www.medies.net providing, inter alia, • - librarywith all MEdIES educational materials and basic documents on EE/ESD, available for the members of the MEdIES Network-updatedinformation& news, announcements for meetings and competitions, calls for projects, reports of meetings and conferences, etc.-interactive platformfor online communication among the Network’s members through the webpage. “The legal aspects of the Barcelona Convention and its Protocols” A Mediterranean seminar on the practical elements of implementation Athens, Greece, 26-27 October 2006

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