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Participatory democracy the story of a trojan horse

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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