This document discusses common issues around dismantling legislative limits to environmental and social protections across countries in the Americas. Specifically, it notes international organizations aiming to rapidly dismantle protections through limited public disclosure. Examples given include suspending legislatures, shifting oversight to conflicted authorities, eliminating monitoring and oversight processes, and shifting state responsibility without adequate local resources. The document argues Regional Centres of Expertise can appeal to deeper legislative structures, local communities, and public awareness to support Sustainable Development Goal 16 of inclusive societies with access to justice. It outlines abilities of RCEs to take public actions, request replies and assessments, share information broadly, and advocate for citizen interests through the SDGs.
1. Common Issues Across Americas
Large organizations (e.g. business, government) reaching ecological
limits (e.g. protected areas, natural resource limits) and social limits
(e.g. requirements for public input and consultation)
Limits currently upheld by constitutions, legislation, policies, and
regulations at local, state, and national levels
For sustainable development, need limits enforced for organizations
to face shared incentive and level playing field for innovation
Regulation perceived as cost/barrier to business/politics as usual:
International organizations (such as the International Democratic
Union led by Stephen Harper—former Canadian Prime Minister) aimed
to support rapid (“shock and awe”) dismantling of these legislative
limits (little to no public disclosure implying little to no electoral
mandate)
A bargaining strategy: dismantle environmental and social protections
so extensive public action needed just to return to status quo; costs
imposed elsewhere (e.g. on citizens/consumers and natural systems)
2. Examples of Dismantling Legislative Limits
suspending parliaments/legislatures (e.g., U.K. prorogation)
shifting legislative responsibility to improper authorities within
government (Brazil forest fires in Amazon allowed by shift to
government ministry with conflict of interest in environmental
enforcement; Saskatchewan and wetlands oversight shifted from
Ministry of Environment to Ministry of Highways)
eliminating monitoring (e.g. Government of Alberta dismantling
carbon monitoring; Environmental Protection Agency in U.S.)
eliminating oversight processes (e.g. federal Environmental Impact
Assessment in Canada exempting potash mines)
shifting state responsibility to local governments without adequate
resources and competence for oversight (e.g. rural municipalities in
Saskatchewan (vs. province) needing to negotiate with large mines or
rule on culturally sensitive archeological sites)
3. SDG 16: RCEs Appealing to Deeper Legislative
Structures, Local Communities, and Public Awareness
Deeper legislative structures within
democracies can be appealed to (e.g. UK
Supreme Court overruling prorogation)
Authority of RCEs to appeal due to:
(1) intellectual expertise (e.g., scholars and
community experts/local knowledge)
(2) ethical commitments (e.g., SDGs)
(3) political authority (part of UN system &
familiarity with UN conventions to which own
governments are signatories)
4. Ability of RCEs to Act in Support of SDG 16
Place actions on the public record (e.g. for future auditors,
ombudsmen, journalists, other politicians, and police/judicial
authorities)
Request governmental reply: reply requires public policy
rationale (if lacking or in error can be adjudicated in courts)
Request existing assessment processes be applied: request for
impact assessment can trigger internal governmental processes
Share correspondence broadly with stakeholders and public:
leads to external monitoring by other levels/branches of
government & media, academic study, and public scrutiny
Advocate for long-term citizen interest through the SDGs:
gain visibility & standing (among businesses, civil society,
scholarly community, government officials) and attract new
volunteers/support; prevents illegitimate political strategies
