Environmental

transparency
participation
and justice
A guide to best practice in transparency, accountability
and civic engagement across the public sector

The Transparency and Accountability Initiative is a donor collaborative that

includes the Ford Foundation, Hivos, the International Budget Partnership, the
Omidyar Network, the Open Society Foundations, the Revenue Watch Institute,
the United Kingdom Department for International Development (DFID) and the
William and Flora Hewlett Foundation.
The collaborative aims to expand the impact, scale and coordination of funding
and activity in the transparency and accountability field, as well as explore
applications of this work in new areas.
The views expressed in the illustrative commitments are attributable to
contributing experts and not to the Transparency and Accountability Initiative.
The Transparency and Accountability Initiative members do not officially
endorse the open government recommendations mentioned in this publication.
For more information contact:

Transparency
& Accountability
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Copyright 2011. Creative Commons License.

This work is licensed under a Creative Commons Attribution
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1 Environmental transparency, participation and justice / Opening government

Environmental transparency,
participation and justice
Contributor: The Access Initiative

Environmental transparency
People depend on a healthy environment for life and
livelihoods. In order to safeguard the quality of the
environment, it is essential to empower communities,
individuals and civil society organisations (CSOs) to take
part in decision-making. Policies that provide access to

information, opportunities for public participation and access

to justice have been critical in reducing pollution, improving
environmental quality and enforcing the law. Access to
information motivates and empowers people to participate
in an informed manner.

Initial steps
Goal

Recommendations

Governments commit to the timely, accessible and

standardised publication of (a) environmental impact
assessment (EIA) reports; (b) air and water quality data;
(c) permits, approvals and licences for development projects
and industrial facilities; (d) facility and project monitoring and
compliance inspection reports; and (e) regular state of the
environment reporting. These are the five most important
classes of environmental information.

1. Environmental impact assessments: Citizens affected by

proposed development projects should be provided
with information about the location, scope, extent and
nature of the project through the publication of EIAs in
a timely manner during the planning stages and prior to
project commencement. EIAs should contain predicted
environmental impacts of the project and an assessment
of environmentally friendly alternatives to the project.

Justification
In 1992, 178 governments signed the Rio Declaration
on Environment and Development. Principle 10 of the
Declaration recognises that at the national level, each
individual shall have appropriate access to information
concerning the environment that is held by public authorities,
including information on hazardous materials and activities
in their communities States shall facilitate and encourage
public awareness and participation by making information
widely available.1
Citizens need information relating to the environment around
them to ensure their own health and well-being. Environmental
information is provided to citizens through well-recognised
delivery mechanisms. The five most important classes of
environmental information are described above; the expected
outcomes of proactively making environmental information
publicly available are to (a) facilitate the identification and
resolution of environmental issues and problems at the earliest
possible opportunity; (b) hold government agencies, officials
and companies accountable for decisions that affect the
environment and natural resources; and (c) ensure that citizens
are included and engaged in the decision-making processes
that affect the environment. This information allows the private
sector to address environmental issues earlier on and in a costeffective manner.

1 http://www.accessinitiative.org/sites/default/files/voice


_and_choice.pdf

2. Air and water quality data: Air and water quality data should
be made available to the public proactively. Daily air
pollution information should be posted on a government
website or displayed in well-known public locations.
Similarly, water pollution data should be made available
on government websites on a proactive basis.
3. Permits, approvals and licences for development projects and
industrial facilities: These documents should be published
in full online in a timely manner and also made available
to affected communities in written form.
4. Facility and project monitoring and compliance inspection
reports: Responsible and mandated government agencies
should perform inspections of projects and facilities to ensure
compliance and to investigate complaints. These documents,
which contain valuable information for citizens on whether
projects and facilities are operating in compliance with
environmental laws and within the standards and conditions
imposed, should be made publicly available in a timely
manner. Often this information is provided to the public
and the agency through pollutant release and transfer
registers (PRTRs).
5. State of the environment reports: The apex national
environmental ministry or agency should regularly (every
23 years) publish a state of the environment report.
Using the best available data, the report should set out the
prevalent air and water quality across the country, identify
environmental threats and challenges, analyse environmental
indicators and trends and flag key policy changes required to
protect, preserve and enhance the environment.

2 Environmental transparency, participation and justice / Opening government

Country examples
A large number of countries already make these five classes of
environmental information available to the public, although
not all of them do so on a proactive basis. Over 100 countries
have laws requiring EIAs for projects and a large number
of them make these available to the public. An estimated
35 countries have PRTRs, while a further 30 countries are
expected to establish such registers in the next seven years.
Over 85 countries have published state of the environment
reports; however, many do not produce them on a regular
basis. Freedom of information (FOI) laws in over 85 countries
allow citizens access to environmental permits and compliance
reports as well as water and air quality data, but in most
countries they are not disclosed on a proactive basis.

More substantial steps

Goal

Recommendations

Governments commit to proactively publish (a) reasons

for decisions approving/rejecting/modifying development
projects after EIA procedures, and (b) reasons for decisions
approving/rejecting/modifying permits/licences/approvals for
industrial facilities.

1. Governments should commit to proactive publication in

a timely manner of (a) reasons for decisions approving/
rejecting/modifying development projects after EIA
procedures, and (b) reasons for decisions approving/
rejecting/modifying permits/licences/approvals for
industrial facilities.

Justification
The single most important factor that improves accountability
for decisions affecting the environment and mitigates abuse
and misuse of official authority is a legal requirement to
publicly provide written reasons for the decision. When
decision-makers are forced to make written reasons for
decisions publicly available, it also forces them to take
relevant considerations into account, to exclude irrelevant
considerations and to open the reasons up to scrutiny by the
public, stakeholders and other accountability mechanisms.

Country examples
Countries such as the USA, Australia, Canada, India and South
Africa already require decision-makers to provide written
reasons publicly or at the very least to affected stakeholders.

Most ambitious steps

Goal

Country examples

Governments mainstream capacity building around access to

information into their other environmental programmes.

In some countries, governments have provided grants for

community assistance, the establishment of training institutes
for communities and training of CSOs at the community level.
In Mexico, the USA and the EU, governments have made
additional investments in staff capacity building and citizen
training around access to information. In many countries,
governments have developed guidelines and manuals in
close collaboration with CSOs.

Justification
Many governments have realised that developing citizen
capacity for access to information is essential and requires
additional investment and training, both for information
requesters and providers.

Recommendations
1. Governments should provide guidelines and easily
understood manuals on how and where to access
environmental information to help improve the ability of
citizens to access information.
2. Training and guidance materials on access to information
should be provided to sub-national government officials.

3 Environmental transparency, participation and justice / Opening government

Public participation in decision-making affecting the environment

In the environmental and social context, public participation
takes place largely as a part of procedures to assess and
to mitigate environmental harm, such as in preparation of
environmental impact assessments, permitting processes
and through policy-making and planning bodies such as
legislatures and zoning boards. Additionally, some countries
have regularised opportunities for public participation in

the formation of regulations and rules, which has significant

consequences for lives and livelihoods. Findings from
current governance literature show that increasing public
participation improves the legitimacy of decisions, helps
build stakeholder capacity, improves implementation and
improves sustainability of decisions.2

Initial steps
Goal

Recommendations

Governments should introduce mandatory, low-cost

procedures for public comments and hearings in decisionmaking processes involving (a) new development projects;
(b) siting and operational compliance of industrial facilities;
and (c) the creation or revision of national, state, provincial
or local policies, plans, laws and regulations affecting the
environment.

1. Governments should introduce mandatory, low-cost

procedures for public comments and hearings in decisionmaking processes involving all new development projects,
the siting and operational compliance of industrial facilities
and the creation or revision of national, state, provincial
or local policies, plans, laws and regulations affecting the
environment. This should apply to all levels of government.
Full implementation of public participation means that each
person should know about their right to participate and
should have ample guidance on how, when and where to
exercise this right.

Justification
The engagement of the public and stakeholders in
environmental decision-making creates the necessary space
for them to influence decisions that affect the environment
and the natural resources they depend on. For participation
to be fair and effective, a decision-making process should
include a range of stakeholder voices. Decision-makers should
listen and, to the greatest extent possible, respond to these
voices. Decision-making can take many forms. At one end of
the spectrum it can be direct where stakeholders collectively
make a decision, either by majority or by consensus. At the
other end of the spectrum is indirect decision-making, where
a third party, usually a government official, makes the decision
with or without the participation of stakeholders.

2 Ibid.
3 Ibid.

2. Communication during participation should be timely,

processes for input should be made known in advance and
the government should seek to minimise logistical barriers.
Decisions should be publicised before implementation so
that aggrieved people can seek remedies and redress if
they wish.3

Country examples
Many developed and developing countries have established
procedures to enable the public and stakeholders to comment
on EIAs of development projects and to participate in public
hearings before decisions are made. Examples include the
USA, Canada, Australia, India, South Africa and Brazil. These
and other countries have extended these procedures to
permits and EIA processes.4

4 http://www.acdi-cida.gc.ca/acdi-cida/acdi-cida.nsf/eng/REN

218131251-PH5

4 Environmental transparency, participation and justice / Opening government

More substantial steps

Goal

Recommendations

Governments establish and implement special procedures

for reaching out to poor people, marginalised groups and
tribal communities to ensure that they are included in public
engagement processes covered by the above commitment on
public participation.

1. Governments should specify the right of poor people,

marginalised groups and tribal communities to participate
in environmental consultations and should create a
requirement for decision-makers to consult these groups,
among other affected communities.

Justification

2. Governments should then publish the results of all public

participation during environmental impact assessments.

Decisions that have significant environmental and social

consequences are often made without the involvement
of those whose interests are directly at stake. For poor
people whose lives and livelihoods often depend on
natural resources, and who are therefore most vulnerable
to environmental risks, the consequences of exclusion can
be especially severe. Weak access to decision-making may
expose poor communities to high levels of pollution, remove
them from productive land or deprive them of the everyday
benefits provided by natural resources. Poor people in
many countries face a daunting array of barriers to access,
including low literacy levels, high costs (including the costs of
corruption), exposure to risk through participation and lack
of documentation of legal identity or rights to a resource that
are necessary to influence decisions. Additionally, cultural
norms that limit who may speak in public disproportionately
exclude the poor. While voice in environmental decisions can
make a significant difference in the allocation of resources
and peoples ability to use those resources, it also plays a role
in ensuring a sense of involvement and in helping individuals
gain a sense of control over their lives. These too are important
aspects of poverty alleviation.5

Country examples
The USA has enacted Executive Order 12898 (1994) Federal
Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations.6 The Government
of Chile has prepared new EIA regulations that would make
special provisions for reaching out to poor people in project
decision-making. South Africa and South Korea also have
some provisions on special procedures for the participation
of poor and minority communities.

Most ambitious steps

Goal

Recommendation

Governments commit to publish responses to general

categories of public comment for permitting, planning and
regulatory decisions.

1. Along with issuance of each major final permitting,

planning and regulatory decision, governments should
publish a summary of major categories of objections,
comments and proposed alterations to the permit, plan
or regulation.

Justification
The single most important factor that improves accountability
for decisions that affect the environment and mitigates
abuse and misuse of official authority is a legal requirement
to publicly provide written reasons for the decision. When
decision-makers are forced to make written reasons for
decisions publicly available, it also forces them to take
relevant considerations into account, to exclude irrelevant
considerations and to open the reasons up to scrutiny by the
public, stakeholders and other accountability mechanisms,
especially when these comments correspond to the major
categories of stakeholder input and comment.

5 http://www.accessinitiative.org/sites/default/files/A

Seat at the

Table_FINAL2010.pdf

Country examples
This practice is carried out by the USA as a best practice in
environmental impact assessment. Other countries, such
as the Netherlands, keep public records of citizen input in
strategic environmental assessment for ecosystems and
a reviewing panel must document a response to major
concerns.

6 http://www.archives.gov/federal-register/executive-orders/


pdf/12898.pdf

5 Environmental transparency, participation and justice / Opening government

Access to justice for the environment

Access to information, meaningful participation, the redress
of environmental harms and the enforcement of law are
guaranteed through access to justice. Access to justice is
the right to redress and remedy and ensures accountability
and the rule of law. Redress and remedy can be provided by

several different institutions, including the judicial branch of

government, special administrative forums in the executive
branches of government, extra-governmental dispute
resolution mechanisms and even traditional forms
of mediation.7

Initial steps
Goal
This commitment requires governments to ensure that
citizens and persons whose environmental transparency and
inclusiveness rights are violated or who suffer environmental
harm have independent and impartial institutions and
mechanisms for obtaining relief and redress for their
grievances.

Justification
Broadly speaking, access to justice serves four principal
purposes in the context of environmental decision-making.
First, it strengthens freedom of information, allowing civil
society to press governments for information they are
otherwise denied. Second, access to justice allows citizens the
means to ensure that they participate meaningfully and are
appropriately included in decision-making on environmental
matters. Access to justice also levels the playing field by
empowering groups to enforce environmental laws that may
not otherwise be enforced. Access to justice increases the
publics ability to seek redress and remedy for environmental
harm and allows the public to hold officials accountable for
carrying out proper procedures in environmental decisionmaking and enforcement.

Recommendations
In opening both regular and specialised courts for
environmental decisions, a number of institutional design
choices must be made. These will have strong consequences
for the performance of the court. When establishing these
courts, governments should consider:
1. Whether to establish a judicial court or administrative
tribunal and at what level of independence;
2. What substantive laws, policies and principles the court or
tribunal will have jurisdiction over;

4. What territory should be covered by the court or tribunal,

from a town to a city to a state or province to an entire
nation;
5. Whether the jurisdiction will make the workload
appropriate or too low or too high;
6. Providing broad standing, meaning what qualications
will be required of parties to bring an action in the court or
tribunal or otherwise participate in a case;
7. What it costs for parties to bring cases and prosecute them
to nal decision, and taking steps to reduce those costs;
8. How the court or tribunal will manage to get adequate,
unbiased input on the increasingly complex scientic/
technical issues in environmental cases;
9. Establishing alternative dispute resolutions (ADRs)
which can often be a cheaper, faster and better way to
resolve environmental conicts, and how these might be
incorporated into the procedure;
10. Qualications, training, tenure and salary for decisionmakers to ensure the quality of the courts or tribunals
decisions;
11. What process mechanisms will permit the court or tribunal
to move cases through the decision-making process more
efficiently and effectively and less expensively; and
12. What powers will be needed to make the courts or
tribunals decisions effective, from mediated agreements
to injunctions to criminal nes and incarceration, and all
the creative alternatives in between.8

Country examples
Some of the best examples of administrative and judicial
institutions established for providing access to justice on
environmental matters come from Australia and New Zealand.
The Land and Environment Court of New South Wales,
Australia is one such example.

3. Whether the court or tribunal should be a rst-instance,

intermediate appellate, and/or supreme (nal review)-level
institution and whether it should have civil, criminal or
administrative authority, or a combination of these;

7 http://www.accessinitiative.org/sites/default/files/voice_and_


choice.pdf

8 http://www.accessinitiative.org/sites/default/files/Greening

Justice

FInal_31399_WRI.pdf

Transparency
& Accountability
Initiative
c/o Open Society Foundation
4th floor, Cambridge House
100 Cambridge Grove
London, W6 0LE UK
Tel: +44 (0)20 7031 0200
E: [email protected]
www.transparency-initiative.org