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Participatory democracy   the story of a trojan horse Participatory democracy the story of a trojan horse Presentation Transcript

  • Participatory Democracy- The Story of a Trojan Horse
    Michael Ewing
    Coordinator of the Environmental Pillar
  • Contents
    Prologue
    Introduction
    The Trojan Horse
    Participatory Dialogue
    What Now?
    15/09/2011
    Presented to the Social Justice Ireland Conference
    2
  • World Population
    15/09/2011
    Presented to the Social Justice Ireland Conference
    3
  • 15/09/2011
    Presented to the Social Justice Ireland Conference
    4
  • Species on the verge of mass extinction
    15/09/2011
    Presented to the Social Justice Ireland Conference
    5
  • ‘THE BELIEF that private financial markets can solve all our problems is the witchcraft of our age.”
    The bill for ignoring nature’s services may not be affordable if we don’t start paying now, says ‘total capitalist’ and environmentalist Pavan Sukhdev, a leading figure in the formulation of Deutsche Bank’s global markets strategy in Asia from the 1990s. (August 2011)
    15/09/2011
    Presented to the Social Justice Ireland Conference
    6
  • 15/09/2011
    Presented to the Social Justice Ireland Conference
    7
  • "Involving the public and civil society organizations in formulating and implementing a response to climate change is not a choice but a necessity."
    Jan Kubis, UNECE Executive Secretary, High-level segment of the Sixty-third Session of the Economic Commission for Europe (30 March — 1 April 2009)
    15/09/2011
    Presented to the Social Justice Ireland Conference
    8
  • Add to this the following:
    • The capacity to produce oil peaked in 2006 whilst demand for energy continues to grow. (International Energy Agency April 2011.)
    • Food prices are rising rapidly, driven by the price of oil and the impact of climate change (Tom Arnold - Concern Worldwide, June 2011)
    • The oceans are rapidly being depleted. (UNEP 2011)
    • Industry is fast running out of raw materials (Neil O’Leary - Ion Equity June 2011)
    • Fresh-water supply world-wide is in crisis (Tom Arnold - Concern Worldwide, June2011)
    15/09/2011
    Presented to the Social Justice Ireland Conference
    9
  • The limits to growth
    15/09/2011
    Presented to the Social Justice Ireland Conference
    10
  • The Conception
    1992
    178 governments including Ireland sign theRio Declaration. Principle 10of the Declaration mandated
    • access to information
    • public participation
    • and effective access to judicial proceedings.
    These three rights are known as the Access Principles
    15/09/2011
    Presented to the Social Justice Ireland Conference
    11
  • Principle 10 (P.10), of the ‘Rio Declaration on Environment and Development, 1992’, states:
    “Environmental issues are best handled with the participation of all concerned citizens, at the relevant level. At the national level, each individual shall have appropriateaccess to informationconcerning the environment that is held by public authorities, including information on hazardous materials and activities in their communities, andthe opportunity 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”.
    15/09/2011
    Presented to the Social Justice Ireland Conference
    12
  • 1998 The Aarhus Convention
    The UNECE draws up a Convention to convert the aspirations of Principle 10 into International Law.
    The Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters
    Ireland is a signatory, but as yet has not ratified the Convention.
    15/09/2011
    Presented to the Social Justice Ireland Conference
    13
  • 15/09/2011
    Presented to the Social Justice Ireland Conference
    14
    State of Ratification
  • Presented to the Social Justice Ireland Conference
    15
    The Three Legged Convention
    15/09/2011
  • Article 1. Objective
    In order 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, each Party shall guarantee the rights of access to information, public participation in decision-making, and access to justice in environmental matters in accordance with the provisions of this Convention.
    15/09/2011
    Presented to the Social Justice Ireland Conference
    16
  • Fundamental Change
    Apart from ratification of the Convention, an important first step in its implementation would be to amend the Irish Constitution in order “recognise the right of every person of present and future generations to live in an environment adequate to his or her health and well-being”, as set out in the objective of the Convention.
    15/09/2011
    Presented to the Social Justice Ireland Conference
    17
  • THE RIGHT TO KNOW
    In a democracy people have the right to know and should be provided with easy access to information. It is necessary to raise public awareness and to ensure the effective participation of the public in matters of concern to them.
    S.I.133 of 2007. Access to Information on the Environment Regulations
    15/09/2011
    Presented to the Social Justice Ireland Conference
    18
  • THE RIGHT TO PARTICIPATE
    The Convention calls on all the Parties to provide for public participation and thus better integrate environmental considerations in governmental decision-making leading to more sustainable outcomes.
    Article 6
    PUBLIC PARTICIPATION IN DECISIONS ON SPECIFIC ACTIVITIES
    Article 7
    PUBLIC PARTICIPATION CONCERNING PLANS, PROGRAMMES AND POLICIES RELATING TO THE ENVIRONMENT
    Article 8
    PUBLIC PARTICIPATION DURING THE PREPARATION OF EXECUTIVE REGULATIONS AND/ORGENERALLY APPLICABLE LEGALLY BINDING NORMATIVE INSTRUMENTS
    15/09/2011
    Presented to the Social Justice Ireland Conference
    19
  • The bread has to be good, but the filling is what makes it a sandwich !
    15/09/2011
    Presented to the Social Justice Ireland Conference
    20
  • Ridder, Mostert, Wolters, (2005) Harmonising Collaborative Planning (HarmoniCOP);
    15/09/2011
    Presented to the Social Justice Ireland Conference
    21
  • Access to Justice
    “The law, in its majestic equality, forbids the rich, as well as the poor, to sleep under the bridges, to beg in the streets, and to steal bread”. Anatole France (1844-1924)
    15/09/2011
    Presented to the Social Justice Ireland Conference
    22
  • THE RIGHT TO HAVE ACCESS TO JUSTICE
    For access to information and public participation in decision-making to be effective, it is necessary to ensure recourse to administrative or judicial proceedings.
    All Parties are therefore required to establish access to a review procedure before a court or another independent or impartial body.
    This should be easily accessible, timely and inexpensive. Adequate and effective remedies should be provided.
    15/09/2011
    Presented to the Social Justice Ireland Conference
    23
  • THE RIGHT TO HAVE ACCESS TO JUSTICE
    The Convention also calls on the Parties to ensure that members of the public have access to administrative or judicial procedures to challenge acts and omissions by private individuals and public authorities that contravene provisions of their national law relating to the environment.
    15/09/2011
    Presented to the Social Justice Ireland Conference
    24
  • Releasing the Horse
    The need to focus on reversing the decline in the well-being of the planet alongside that of the human race will require the active involvement of all.
    The Aarhus Convention is a valuable tool to be used in starting that conversation.
    We need to open the gates to allow this Trojan Horse into the citadel that is our decaying representative democracy
    15/09/2011
    Presented to the Social Justice Ireland Conference
    25
  • Thank you Goraibhmaithagatwww.environmentalpillar.ie
    15/09/2011
    Presented to the Social Justice Ireland Conference
    26