Convention on Access to Information, Public
 Participation in Decision-Making and
 Access to Justice in Environmental Matters
  (Aarhus, Denmark, 25 June 1998) 

OBJECTIVES

        The Convention recognizes that adequate protection of the environment is essential to human well-being and the enjoyment of basic human rights, including the right to life itself. It aims to ensure the rights of citizens to full information on the environment 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. The Convention establishes that sustainable development can be achieved only through the involvement of all stakeholders in society, by linking government accountability and environmental protection.  The Convention focuses on interactions between the civil society and public authorities and forges a new process for public participation and transparency in the negotiation and implementation of international agreements. 


KEY PROVISIONS

        The Convention provides that each Party shall guarantee the rights of access to information, public participation in decision-making and access to justice in environmental matters, while promoting environmental education and awareness among the public. Each Party shall take the necessary legislative, regulatory and other measures to establish and maintain a clear, transparent and consistent framework to implement the provisions of the Convention. 
        Public authorities, in response to a request for environmental information, shall make such information available to the public within the framework of national legislation. The public authorities shall also possess, update and disseminate information to the public without the need for a specific request through, inter alia, publicly accessible registers and electronic databases including national reports on the state of the environment, texts of environmental legislation, and other policies and programmes.
        Practical means and opportunities for the public to participate in decision-making on a specific activity, in the development of plans, programmes and policies, and in the preparation of laws, rules and legally binding norms relating to the environment are guaranteed by the Convention. In this respect, the dissemination of information to the public is imperative. 
        In order to enforce the provisions under the Convention in the domestic legal system, the Convention ensures that any person who considers that his or her rights of access to information or participation in decision-making have been wrongfully refused, inadequately answered or otherwise not dealt with in accordance with the provisions of the Convention shall have access to a review procedure before a court of law or another independent and impartial body established by law. 


ENTRY INTO FORCE

        The Convention entered into force on 30 October 2001.


HOW TO BECOME A PARTY

        The Convention is closed for signature. It remains open for ratification, acceptance, approval or accession by States members of the Economic Commission for Europe as well as States having a consultative status with the Economic Commission for Europe and regional economic integration organizations constituted by sovereign States members of the Economic Commission for Europe. 
        The Convention is also open for accession by Member States of the United Nations upon approval by the Meeting of the Parties to the Convention.
        When an organization, one or more of whose member States is a Party to the Convention, becomes a Party to the Convention, the organization and the member States shall not be entitled to exercise rights under the Convention concurrently.


OPTIONAL AND/OR MANDATORY DECLARATIONS

        When signing, ratifying, accepting, approving or acceding to this Convention, or at any time thereafter, a Party may declare that it accepts, as a means of dispute settlement, the submission of a dispute to the International Court of Justice and/or arbitration in accordance with procedures established in annex II to the Convention.
        At the time of ratification, acceptance, approval or accession, a regional economic integration organization is required to make a specific declaration on its competence with respect to matters governed by the Convention.


RESERVATIONS


        The Convention is silent on reservations.


WITHDRAWAL/DENUNCIATION

        At any time after three years from the date on which the Convention has come into force with respect to a Party, that Party may withdraw from the Convention by giving written notification to the depositary. Any such withdrawal shall take effect on the ninetieth day after the date of its receipt by the depositary.


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