Introduction

Along with Principle 10 of the Rio Declaration, a number of international and regional treaties include reference to public participation in the decision-making process. Although regional in scope, the 1998 UNECE Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus Convention) reflects an increased concern of the international community in transparency of environmental decision-making, and parties to the Convention are asked to consult local communities before they undertake some development activities. While Asian countries are not parties to the Aarhus Convention, the influence of these binding and non-binding international instruments, especially Principle 10, clearly has impacts as countries implement these instruments, and international financial institutions incorporate them into their policies. Public participation requirements are increasingly attached to international loans and financing, and treaties rely on information, participation and accountability for their implementation. Recently, some of the judges from Asia recognised this influence in the Kathmandu Declaration on Environmental Justice (2004), which emphasised the importance of human rights instruments and multilateral environmental agreements (MEAs) in upholding environmental justice. At the national level, the judiciary in South Asia established a substantive right to a healthy environment as part of a fundamental right to life – this move also influenced the demands for stronger participatory tools.

Participation in the decision-making process creates a sense of ‘ownership’ in the decision itself, and various participatory techniques assist communities to implement environmental justice.