INTRODUCTION AND BACKGROUND TO THE STUDY
Summary of chapter 1
Environmental Impact Assessment (EIA) is a crucial process for evaluating the potential environmental, social, and economic effects of proposed projects, considering both positive and negative impacts Conducted prior to project implementation, EIA aims to identify these effects while incorporating public input, which is recognized as essential in most countries' EIA systems to uphold the public's environmental rights The World Charter for Nature of 1982 emphasizes the importance of public participation, stating that individuals should have the opportunity to engage in decisions affecting their environment and access means for redress in cases of environmental damage or degradation.
Vietnam's Law on Environmental Protection (LEP), first adopted in 1993, established the foundation for Environmental Impact Assessments (EIA), though it initially lacked provisions for public participation The LEP was subsequently replaced by the LEP 2005 and later by the LEP 2014, which took effect on January 1, 2015, and included legal regulations for public involvement in the EIA process Despite these advancements, effectively implementing public participation in Vietnam's EIA remains a significant challenge for all stakeholders involved Analyzing the current provisions and their practical application is essential for understanding the effectiveness of public participation in the EIA process.
1 See ―The World Charter for Nature‖ Retrieved on December 21, 2016 from http://www.un.org/documents/ga/res/37/a37r007.htm
in Vietnam establishes crucial regulations for safeguarding the environment This legislation aims to promote sustainable development and ensure environmental quality for current and future generations It emphasizes the importance of compliance with environmental standards and encourages responsible investment practices that align with ecological preservation.
2 the Japan‘s EIA system are necessary to draw some recommendations for Vietnam‘s legal framework
In this chapter, I review some literature regarding EIA and public participation in EIA process to make the background and motivation for my study They are the following issues:
- Access to information and the right to know
- Public participation in EIA process
This thesis aims to achieve two primary research objectives: first, to analyze the theoretical factors influencing public participation in the Environmental Impact Assessment (EIA) process, and second, to examine the practical factors affecting the implementation of public participation in Vietnam's EIA process To guide the study, four research questions are introduced The research methodology employed includes a combination of legal historical, legal comparative, and qualitative methods.
Literature review: background and motivation for the study
1.2.1 Access to information and the right to know in the epoch of globalization
In 2016, Sweden and Finland commemorated the 250th anniversary of the Freedom of the Press Act of 1766, the world's first law granting public access to information This landmark legislation established an unparalleled right for Swedish citizens to access public data, as noted by Sand (2002) Enlightenment thinker Anders Chydenius played a pivotal role in its creation, as highlighted by Mustonen (2006) Professor Juha Manninen emphasizes that the Act's key achievements included the abolishment of political censorship and the establishment of public access to government documents Consequently, this pioneering law has significantly shaped the evolution of the rights to know and express oneself globally.
3 other Nordic countries followed much later: Finland‘s Publicity of Documents Act in 1951,
US Freedom of Information Act of 1966, Denmark‘s Public Access Act in 1970, Dutch
Administrative Transparency Act of 1978 (Sand, 2002, p 2) Although ―Gustav III brought the Age of Liberty to a sudden end‖ through the revolution of ―the coup of 19 August 1772‖
During the Age of Liberty (1719-1772), Sweden saw the emergence of a politically effective and socially conscious middle class, marking a significant shift in its societal structure (Roberts, 2003) Furthermore, the case of Finland, where Anders Chydenius hailed from, illustrates that transparency in decision-making processes enhances government credibility by fostering greater trust among citizens (Mustonen, 2006).
In "Freedom of Information: A Comparative Legal Survey," Mendel (2008) highlights the growing recognition of the right to information among development practitioners, civil society, academics, the media, and governments He questions the nature of this right and explores how governments have implemented it The author also discusses international standards and trends in freedom of information, referencing frameworks established by the United Nations and regional organizations such as the Organization of American States, the Council of Europe, and the African Union (Mendel, 2008, pp 8-12).
The concept of "freedom of information" was established by the United Nations through Resolution No 59(I), which called for an international conference on this topic This resolution was adopted by the General Assembly during its inaugural session on December 14, 1946.
Freedom of information is a vital human right and serves as the foundation for all freedoms recognized by the United Nations It encompasses the right to collect, share, and disseminate news globally.
3 See ―Calling of an international conference in freedom of information‖ of UN of 1946 Retrieved on
December 12, 2016 from: https://documents-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/033/10/IMG/NR003310.pdf?OpenElement
4 without fetters As such it is an essential factor in any serious effort to promote the peace and progress of the world.‖
The UN‘s 1948 Universal Declaration of Human Rights states at Article 19 4 as ―the flagship statement of international human rights‖ (Mendel, 2008, p 8) that:
Everyone is entitled to the freedom of opinion and expression, which encompasses the ability to hold opinions without interference and to seek, receive, and share information and ideas through any medium, without regard to borders.
Following this idea, the Article 19.2 of the 1966 International Covenant on Civil and Political Rights 5 provides that:
Everyone has the right to freedom of expression, which encompasses the ability to seek, receive, and share information and ideas of all kinds without borders This right applies to various forms of communication, including oral, written, printed, artistic, or any other media chosen by the individual.
Moreover, the London - based international advocacy group Article 19 (named after the freedom of expression clause of the Universal Declaration of Human Rights) has introduced
Nine principles of freedom of information serve as essential guidelines for countries aiming to adopt freedom of information laws and enhance transparency (Darch & Underwood, 2009, p 14) The preface of "The Public's Right to Know – Principles on Freedom of Information Legislation" by ARTICLE 19 underscores the importance of these principles in promoting accountability and public access to information.
In 1999, it was asserted that "information is the oxygen of democracy." Further expanding on this concept, Ackerman and Sandoval-Ballesteros (2006) referenced Villanueva's definition of the "Right to Information," which encompasses three essential elements: the right to seek and receive information, the right to inform, and the right to be informed.
4 See ―Universal Declaration of Human Rights‖ of UN of 1948 Retrieved on December 12, 2016 from http://www.un.org/en/documents/udhr/index.shtml
5 See ―International Covenant on Civil and Political Rights‖ of UN of 1966 Retrieved on December 12, 2016 from https://treaties.un.org/doc/ /unts/ /volume-999-i-14668-english.pdf
Table 1.1: Nine principles of freedom of information
Principle 1 Maximum disclosure: Freedom of information legislation should be guided by the principle of maximum disclosure
Principle 2 Obligation to publish: Public bodies should be under an obligation to publish key information
Principle 3 Promotion of open government: Public bodies must actively promote open government
Principle 4 Limited scope of exceptions: Exceptions should be clearly and narrowly drawn and subject to strict ―harm‖ and ―public interest‖ tests
Principle 5 Processes to facilitate access: Requests for information should be processed rapidly and fairly and an independent review of any refusals should be available
Principle 6 Costs: Individuals should not be deterred from making requests for information by excessive costs
Principle 7 Open meetings: Meetings of public bodies should be open to the public Principle 8 Disclosure takes precedence: Laws which are inconsistent with the principle of maximum disclosure should be amended or repealed
Principle 9 Protection for whistleblowers: Individuals who release information on wrongdoing – whistleblowers – must be protected
The literature on the "right to information" universally acknowledges that freedom of information is a fundamental human right essential for every individual (Ackerman & Sandoval-Ballesteros, 2006; ARTICLE 19, 1999).
Banisar, 2006; Birkinshaw, 2006, 2010; Blanton, 2002; Darch & Underwood, 2009; Doty, 2000; Emerson, 1976; Mendel, 2008; Mustonen, 2006)
Access to environmental information is crucial for promoting sustainable development, democracy, and a healthy environment, as well as enhancing environmental governance.
This article explores the interconnectedness of a firm's environmental performance, environmental disclosure, and economic performance It suggests that strong environmental performance is closely linked to improved economic outcomes and is accompanied by more detailed and quantifiable disclosures regarding pollution.
According to Torres (2014, p 2), empowering citizens with knowledge about the environment, enabling them to voice their opinions, and holding public authorities and the private sector accountable can significantly enhance society's role in preventing severe environmental damage and promoting effective environmental management.
Initially, Council Directive No 313 of 1990 on Freedom of Access to Information on the
The European Commission and Parliament adopted transparency legislation for environmental matters across all EU member states, yet the implementation of the 1990 Directive has faced challenges due to outdated administrative practices and the resistance of civil service departments Access to environmental information was formally recognized in Principle 10 of the 1992 Rio Declaration on Environment and Development.
―… Each individual shall have appropriate access to information on hazardous materials and activities in their communities, and the opportunity to participate in decision-making processes…‖
Research Objectives
Public participation is a crucial aspect of decision-making, particularly in the Environmental Impact Assessment (EIA) process, as it embodies the principles of democracy, empowerment, and information flow essential for reaching consensus on final decisions However, scholars remain divided on the definition of public participation within the EIA context, and the question of who should be involved in the EIA process continues to be a topic of debate.
A C., 2013; Morgan, 2012; O'Faircheallaigh, 2010; Reed et al., 2009) Others focus on studying the objectives of public participation in EIA process as well as the effectiveness of public participation (Chess & Purcell, 1999; Doelle & Sinclair, 2006; Ortolano, Jenkins, & Abracosa, 1987; Popovic, 1992; Priscoli, 2004)
With the above theoretical debates, the first research objective of my topic is to analyze the theoretical issues of public participation in EIA process as follows:
- The purposes and objectives of public participation;
- The models of public participation;
- The factors influencing the implementation of public participation
The implementation of legal documents for public participation in the Environmental Impact Assessment (EIA) process varies significantly across different countries To understand these differences, empirical research is essential to examine the EIA legislations and their practical application in each nation This study specifically aims to investigate the factors affecting public participation in Vietnam's EIA process To achieve this, the research includes an analysis of EIA reports and interviews conducted in Vietnam.
Research Questions
Despite official regulations on public participation in the Environmental Impact Assessment (EIA) process varying by country, the characteristics of these legislations are not universally consistent Consequently, the implementation of public participation in the EIA process significantly differs across nations My research specifically analyzes public participation in the EIA process in Vietnam, aiming to address key research questions related to this topic.
1 Why have governments provided public participation in EIA system? What theoretical and normative arguments are related to public participation in EIA process? What are the meaning and scoping of public participation?
2 What are the laws, views and legal trends on public participation in EIA system at international level and the national level in some selected countries?
3 How is Vietnamese legal system on public participation in EIA as well as their implementation in reality? Which factors influence the implementation of public participation in Vietnam‘s EIA process?
4 What are the suggestions for Vietnamese government concerning the public participation in the EIA system in the future?
Research Methodology and Limitations
Research methodology is a way to systematically solve the research problem It may be understood as a science of studying how research is done scientifically (Kothari, 2004, p 8)
Research methods encompass the various techniques used to conduct research, as defined by Kothari (2004, p 7) These methods are essential for researchers in executing research operations Notably, Kothari emphasizes that research methodology has a broader scope than research methods, highlighting the importance of understanding both concepts in the research process.
The research methodology employed in this study integrates the legal historical method, the legal comparative method, and qualitative analysis Each section of the thesis utilizes these methods in a strategic combination, with one method often taking precedence depending on the specific focus of the research.
The historical method, as defined by Kothari (2004), involves the use of historical sources such as documents and artifacts to examine past events and ideas, including the philosophies of individuals and groups from various time periods In this context, legal history focuses on the evolution of legal norms, analyzing these rules against the backdrop of external factors like economic, cultural, political, social, philosophical, and religious developments The primary aim of legal historical research is to trace the progression of legal rules and to suggest amendments or solutions to current laws based on historical insights This method can be applied independently or in conjunction with other research approaches.
Social relationships are influenced by social and economic conditions, necessitating the study of law in relation to its political and economic foundations, historical development, and social needs This approach will be applied in analyzing the Environmental Impact Assessment (EIA) from its inception to the present, exploring the reasons for the EIA system's existence in various legal frameworks and examining the significance of public participation in the EIA process.
The legal comparative method involves analyzing and comparing various legal systems to identify similarities and differences in their historical origins By employing this method, I aim to uncover solutions for emerging legal developments and to evaluate comparable legal rules or issues.
Vietnam's first environmental protection law was enacted in 1993, marking over twenty years of formal Environmental Impact Assessment (EIA) practices To enhance its legislation, Vietnam should draw on the experiences of other nations, ensuring that its laws align with international standards, particularly in the environmental sector Addressing climate change while fostering economic development requires tailored approaches from each country After two decades of developing EIA policies, a thorough evaluation of the current EIA system is essential for effectiveness, with a comparative method applied in this research.
This article will focus on Vietnam's single-state approach to examining the legal framework and implementation of public participation in the Environmental Impact Assessment (EIA) process Utilizing a legal methodology alongside comparative analysis, the research aims to enhance the understanding of public participation within the EIA framework.
According to Creswell (2014, p 32), ―qualitative research is an approach to exploring and understanding the meaning individuals or groups ascribe to a social or human problem‖
Qualitative research focuses on exploring and understanding subjective experiences, attitudes, and behaviors without relying on statistical analysis (Kothari, 2004) It often serves as a foundation for generating hypotheses for subsequent quantitative studies (Marczyk, DeMatteo, & Festinger, 2005) This research method typically employs interviews and observations, emphasizing in-depth insights rather than formal measurements A notable example of qualitative research is the case study, which provides a comprehensive examination of an individual or specific situation (Marczyk et al., 2005).
All in all, the research design will be introduced to show a systematic analysis of my research Thus, the outline of the methodology is as follows:
Figure 1.1: The outline of research design
Particularly, Chapter 1 of this dissertation reviews summarily the background for my study, such as the right to access to information and the right to know in the epoch of
• Review of theories on public participation in EIA
• Analysis of provisions of public participation in EIA system of Vietnam and Japan;
• Evaluation of implementation of public participation
• EIA report analysis and interviews in Vietnam
21 globalization, EIA and public participation in EIA process Thus, I employ the methods of legal historical method in this chapter
In Chapter 2, I conduct a critical review of the literature on public participation, emphasizing its comprehensive role in the Environmental Impact Assessment (EIA) process I frame public participation as a key criterion for democracy, highlighting its importance in empowering citizens and facilitating information flow to achieve consensus on final decisions This chapter also addresses pertinent issues surrounding public participation in decision-making, both broadly and specifically within the context of EIA.
This article explores the evolution of public participation in the Environmental Impact Assessment (EIA) process, focusing on research conducted by international organizations such as the United Nations, World Bank, and others It highlights the emergence of environmental rights through these organizations, noting that public participation in EIA was first established by national legislation, specifically the National Environmental Policy Act (NEPA) of 1969 The study examines the objectives and concepts of public participation in EIA as outlined in both international and national laws, utilizing a legal historical method to provide a comprehensive background Information was gathered from various legal sources, including libraries, online databases, and scholarly articles, employing secondary sources such as legal encyclopedias and treaties to support the analysis.
22 and conventions Additionally, I use the ―italic letter‖ to cite and to highlight the important texts
In Chapter 3, I examine Japan's Environmental Impact Assessment (EIA) system and the regulations governing public participation at both national and local levels This analysis includes a critical review of the legal framework surrounding public involvement in the EIA process, supported by real-world examples I utilize italicized text to reference and explain relevant legal provisions Additionally, I explore the differences between the Japanese EIA system and the Vietnamese EIA process, employing a historical approach to trace the evolution of public participation in Japan's EIA systems My research draws on various legal sources accessed through libraries, online databases such as CiNii Articles, Scholar, Elsevier, and EndNote, while employing a legal research methodology that relies on secondary sources, including legal and political journals.
Chapter 4 focuses on the current public participation in Vietnam‘s EIA process, the case of Ho Chi Minh City This chapter evaluates Vietnam‘s efforts to reform its legal system for sustainable development and environmental protection to conform to the regulations of international organizations Moreover, I analyze the drawbacks of current legislations on public participation in Vietnam by using the legal research method and depend on secondary sources, including legal encyclopedias (legal, political journals) Then, I employ the qualitative method through interviews for data collection Thus, the primary method for data collection is qualitative interview through open-ended questions In this research, there are 33 interviewees The interviews are conducted during the five-month fieldwork in Ho Chi Minh city, Vietnam Additionally, seven EIA reports were used for analysis
In conclusion, I present recommendations to enhance public participation in Vietnam's Environmental Impact Assessment (EIA) process Additionally, I address the preliminary measures for revising public involvement in the EIA framework Finally, I propose potential solutions to improve the effectiveness of these participatory efforts.
This article examines legal reforms aimed at enhancing public participation in the Environmental Impact Assessment (EIA) process by comparing Japan's and Vietnam's EIA systems It evaluates the effectiveness of public participation regulations and employs a jurisprudential approach to propose legal revisions that promote greater involvement of the public in the EIA process.
This dissertation explores the limitations of research methodology, particularly in Chapter 4, focusing on public participation in the Environmental Impact Assessment (EIA) process through a democratic lens that emphasizes the right to access information The term "public participation" is defined as a fundamental aspect of democracy, alongside access to information and justice The study's primary aim is to analyze the legal reform process and its practical implementation Data collection in Chapter 4 is based on interviews and EIA reports from Ho Chi Minh City, Vietnam, which limits the research to assessing public participation in the EIA process within this specific region, rather than extending to other provinces in Vietnam.
REVIEW OF PUBLIC PARTICIPATION IN ENVIRONMENTAL
Summary of chapter 2
Good governance is characterized by key elements such as information, transparency, accountability, and public participation, as outlined in the Aarhus Convention (UNECE, 2014) With a growing emphasis on environmental management for sustainable development, public participation has emerged as a central theme in environmental literature Specifically, engaging the public in the Environmental Impact Assessment (EIA) process is recognized as a vital component of EIA reports and serves as an effective tool for decision-makers (Hartley & Wood, 2005; O'Faircheallaigh, 2010).
319) cited the statement of Wood that ―EIA is not EIA without consultation and participation‖
This chapter provides an overview of the Environmental Impact Assessment (EIA), focusing on its approach, purposes, and process While there is no universally accepted definition of EIA, it is widely recognized as a systematic process designed to predict and mitigate the negative environmental impacts of proposed activities In this research, EIA serves multiple key purposes, including aiding decision-making, formulating development actions, and promoting sustainable development EIA is crucial for informing stakeholders about current environmental issues and potential concerns The EIA process encompasses essential elements such as public participation, screening, scoping, impact analysis, mitigation, impact management, reporting, EIA quality review, decision-making, implementation, and follow-up.
This chapter reviews the role of public participation in the Environmental Impact Assessment (EIA) process, highlighting key aspects such as the definition of public participation, the various participants involved, and the goals and objectives of engaging the public It will also explore different models of public participation and examine the factors that affect its implementation within the EIA framework.
Environmental Impact Assessment
2.2.1 Definition of Environmental Impact Assessment
Human survival is intricately linked to the environment and its resources, yet economic growth, rapid industrialization, and urbanization have led to significant environmental degradation and resource depletion Consequently, people are increasingly facing natural disasters such as floods, droughts, and desertification, alongside issues like poverty and hunger, all exacerbated by climate change Although there is no precise measure to assess the impacts of climate change on human life, it is clear that human activities are the primary drivers of these changes To meet human demands, there has been excessive exploitation of environmental resources for industrial and agricultural purposes This has heightened awareness of environmental issues and climate change, prompting the formal adoption of Environmental Impact Assessment (EIA) as a crucial tool for balancing economic growth with environmental protection EIA operates on the principle that prevention is preferable to cure, enabling stakeholders to identify and mitigate potential adverse impacts early in project development As Barrow (1997) succinctly stated, EIA aims to enhance development through proactive assessment.
Since the early 1960s, the United States has been discussing the need for a national environmental policy due to the complex and interrelated nature of pollution and environmental degradation In 1969, the National Environmental Policy Act (NEPA) was enacted, making the US the first country to implement an Environmental Impact Assessment (EIA) system This legislation aimed to ensure that environmental considerations were prioritized in government planning and decision-making processes Today, many countries have adopted EIA as a mandatory procedure, and it is widely recognized in various international conventions and agreements.
After 45 years from the first official appearance, EIA is now universally recognized as a key instrument for environmental management, firmly embedded in domestic and international environmental law (Morgan, 2012, p 6) However, definitions of EIA abound in literature and legislations (Glasson et al., 2013, p 3) and up to now, there has been no universally accepted definition of EIA Although NEPA represented the first formal law on EIA, there was no definition of EIA in this law
The UN Conference on the Human Environment, held in Stockholm from June 5 to 16, 1972, established the 21st principle, affirming that countries have the right to utilize their natural resources while also bearing the responsibility to prevent environmental harm from development activities Additionally, the Convention on EIA in a transboundary context outlines that Environmental Impact Assessment (EIA) refers to a national procedure.
14 See Principle 21 of United Nations Conference on the Human Environment Retrieved on December 26, 2016 from http://www.encyclopedia.com/environment/energy-government-and-defense-magazines/united-nations- conference-human-environment-1972
The 1992 Rio Declaration, established at the UN Conference on Environment and Development in Rio de Janeiro, emphasizes the necessity of conducting environmental impact assessments for proposed activities that may significantly harm the environment This assessment is mandated as a national instrument and must be executed under the authority of a competent national body.
The World Bank defines Environmental Impact Assessment (EIA) as a tool used to identify and evaluate the potential environmental effects of projects seeking financing It involves assessing alternatives and developing suitable mitigation, management, and monitoring strategies to address these impacts (World Bank, 1999, revised 2011).
Environmental impacts shall be predicted and assessed the project's likely positive and negative impacts, in quantitative terms to the extent possible (WB, 1999, revised 2011, Annex
The Environmental Impact Assessment (EIA) is a crucial procedure that evaluates the potential beneficial and adverse environmental consequences of proposed development projects, ensuring these factors are integrated into the project design (OECD, 1992) The EIA assesses the anticipated effects on human health, the natural environment, and property, while also considering alternative designs, including the "no-action" alternative Additionally, it identifies necessary mitigation measures or environmental safeguards to minimize negative impacts associated with the project.
The JICA guidelines highlight the importance of assessing both environmental and social impacts of proposed projects Environmental Impact Assessments (EIA) play a crucial role in this process, as they evaluate the potential effects on the environment and society, while also analyzing alternative plans to ensure sustainable development.
The Convention on Environmental Impact Assessment in a Transboundary Context emphasizes the importance of assessing environmental impacts across borders For more details, refer to Article 1 (vi) of the convention, which can be accessed at the United Nations treaties website.
28 preparing adequate mitigation measures and monitoring plans in accordance with the laws or guidelines of host countries (JICA, 2010)
Environmental Impact Assessment (EIA) is a crucial process that evaluates the potential environmental consequences of proposed projects, serving as a decision-making tool for informed and responsible environmental management (Cashmore et al., 2004) Scholars emphasize that EIA is a systematic and integrative approach that allows decision-makers to consider possible impacts before approving or rejecting a proposal (Wood, 2003).
According to Munn (1975), Environmental Impact Assessment (EIA) is a process aimed at identifying and predicting the effects of actions on both the bio-geophysical environment and human health It also involves interpreting and communicating information regarding these impacts.
In line with David P Lawrence (2003, p 7), in this research, EIA is defined as a systematic process of:
Determining and managing (identifying, describing, measuring, predicting, interpreting, integrating, communicating, involving, and controlling) the
Potential (or real) impacts (direct and indirect, individual and cumulative, likelihood of occurrence) of
Proposed (or existing) human actions (projects, plans, programs, legislation, activities) and their alternatives on the
Environment (physical, chemical, biological, ecological, human health, cultural, social, economic, built, and interrelations)
Environmental Impact Assessment (EIA) is a multifaceted process, but its implementation varies significantly between developing and developed countries In developing nations, EIA is often driven by the demands of donor agencies rather than a genuine commitment to environmental protection (Wood, 2003a, p 5) Despite these differences in origin and timing, the core concept of EIA remains consistent For instance, in Japan, EIA encompasses surveying, predicting, and assessing a project's potential environmental impacts, exploring possible protective measures, and evaluating the overall effectiveness of those measures.
In Vietnam, the Law on Environmental Protection No 55/2014/QH13 defines Environmental Impact Assessment (EIA) as the process of analyzing and predicting the environmental effects of specific investment projects This assessment aims to implement preventive measures that safeguard the environment throughout the project's execution.
Environmental Impact Assessment (EIA) is a crucial process designed to create documentation that predicts environmental protection activities (Glasson et al., 2013) It acts as a safeguard, screening out projects that could negatively impact the environment, society, and human health EIA is a systematic approach that encourages public participation, allowing individuals to voice their opinions on the potential impacts of proposed projects This process significantly enhances environmental rights and promotes sustainable development.
In summary, although a universal definition of Environmental Impact Assessment (EIA) does not exist, it is widely recognized as a systematic process aimed at predicting the potential negative environmental impacts of proposed activities, ensuring that public participation is a fundamental aspect of the process.
17 See Environmental Impact Assessment Act 1997 (Japan) Retrieved on February 17, 2016 from http://www.env.go.jp/en/laws/policy/assess
Public participation in Environmental Impact Assessment process
In line with research objective one, in this section, the theory of public participation in EIA process will be given This section will focus on the following key issues:
(3) Purposes and objectives of public participation;
(5) Factors influencing the implementation of public participation
Before delving into details, a review of public participation in environmental decision- making will be presented in order to be a background for the topic
2.3.1 An overview of public participation in environmental decision-making
The concept of "participation" has long been integral to political systems, with Jean-Jacques Rousseau being a prominent figure in this discourse through his work "The Social Contract" (Rousseau & Betts, 1999) This foundation laid the groundwork for the theory of participatory democracy In Rousseau's framework, two essential elements define participation: first, it involves engaging in decision-making processes; second, it serves to safeguard private interests and promote effective governance (Pateman, 1976, p 24).
Pateman (1976) defines "participation" as the various ways individuals engage in decision-making processes within organizations Specifically, it involves the legitimate exercise of power by subordinates, as recognized by both themselves and their superiors (Lammers, 1967).
1967, p.67) Thus, this obviously emphasizes that participation must participate in decision- making process
The UN Universal Declaration of Human Rights, established in 1948, asserts that "all human beings are born free and equal in dignity and rights." This principle is further reinforced by the International Covenant on Civil and Political Rights, adopted by the General Assembly, emphasizing the fundamental equality and rights of every individual.
On December 19, 1966, the UN affirmed that all peoples have the right to self-determination, allowing them to freely determine their political status and pursue their economic, social, and cultural development This includes the right to freedom of expression, which encompasses the ability to seek, receive, and share information and ideas across all media Additionally, Article 8.2 of the UN Declaration on the Right to Development emphasizes the importance of encouraging popular participation in all areas of society as a crucial element for development and the realization of human rights Thus, individuals are empowered to engage in various societal matters, including politics, economy, and culture.
Environmental pollution has escalated significantly since World War II, largely due to the challenges in assessing the environmental impacts of human activities This growing concern led to a push for the incorporation of environmental issues into development planning and decision-making during the 1960s and 1970s A pivotal moment occurred at the UN Conference on the Human Environment in Stockholm from June 5 to 16, 1972, which highlighted the urgent need for global awareness and action on environmental matters.
Human beings are both shaped by and shape their surroundings, encompassing both natural and constructed environments, which are vital for their well-being and the enjoyment of fundamental human rights, including the right to life Protecting and enhancing these environments is essential for sustaining these rights.
23 See Article 8.2 of UN Declaration on the Right to Development Retrieved on December 27, 2016 from http://www.un.org/documents/ga/res/41/a41r128.htm
42 the human environment is a major issue which affects the well-being of peoples and economic development throughout the world‖ 24
Moreover, to address the right to political participation in the context of the environment, principle 23 of the World Charter for Nature proclaims that:
Everyone has the right, as per their national laws, to engage individually or collectively in decision-making processes that directly affect their environment Additionally, individuals should have access to remedies when their environment has been harmed or degraded.
Declaration of the World Commission on Environment and Development in 1987 adopted the Tokyo Declaration 26 provides that:
―…[G]reater public participation and free access to relevant information should be promoted in decision-making processes touching on environment and development issues‖
In the Caring for the Earth: A Strategy for Sustainable Living of IUCN, UNEP, WWF, to care for communities‘ own environments, it was provided that:
Communities play a crucial role in fostering creativity and productivity, serving as accessible platforms for individuals and groups to engage in socially valuable actions and voice their concerns When properly empowered and informed, these communities can significantly influence decisions that impact their lives, contributing to the establishment of a sustainable society.
Agenda 21 emphasizes the importance of enhancing the involvement of key groups in sustainable development, such as women, children, youth, non-governmental organizations, and indigenous communities It states that broad public participation in decision-making is essential for achieving sustainable development (UN, 1992, Paragraphs 23-27).
26 See World Commission on Environment and Development, appointed by the United Nations, published the Tokyo Declaration Retrieved on December 23, 2016 from http://documents.tips/documents/the-tokyo- declaration-world-commission-on-environment-and-development-tokyo.html
The UN Conference on Environment and Development, held in Rio de Janeiro from June 3 to 14, 1992, emphasized the importance of public participation in environmental issues, reaffirming the principles established at the 1972 Stockholm Conference Central to this initiative is the 10th principle of the Rio Declaration, which highlights that "human beings are at the center of concerns for sustainable development," serving as a foundational element for promoting sustainable practices through active public involvement.
Environmental issues require active participation from all citizens at various levels At the national level, individuals should have easy access to environmental information held by public authorities, particularly regarding hazardous materials and local activities Additionally, citizens must be given opportunities to engage in decision-making processes States are responsible for promoting public awareness and participation by ensuring that information is readily available Furthermore, effective access to judicial and administrative proceedings, including avenues for redress and remedy, must be guaranteed.
To address global climate change, the UN Framework Convention on Climate Change emphasizes the importance of promoting education, training, and public awareness about climate issues It encourages active participation from all sectors, including non-governmental organizations, to foster a collaborative approach in tackling this pressing challenge.
At COP 21, the Paris Agreement 2015 was adopted, aiming to limit the global average temperature rise to well below 2 °C above preindustrial levels, with efforts to cap it at 1.5 °C Article 12 of the agreement highlights the crucial role of public engagement in addressing climate change.
―Parties shall cooperate in taking measures, as appropriate, to enhance climate change education, training, public awareness, public participation and public access to
28 See Article 4.1 (i) of United Nations Framework Convention on Climate Change Retrieved on December 23,
2016 from https://unfccc.int/resource/docs/convkp/conveng.pdf
44 information, recognizing the importance of these steps with respect to enhancing actions under this Agreement‖ 29
The International Union for the Conservation of Nature and Natural Resources (IUCN), in collaboration with The International Council of Environmental Law, released the fourth edition of the Draft International Covenant on Environment and Development in 2010, which includes Article 14.4.
Interim Conclusion
This chapter explores key aspects of public participation in the Environmental Impact Assessment (EIA) process, including its definition, objectives, and influencing factors Scholars lack consensus on the term "public participation," often using terms like "consultation" or "involvement." In this study, public participation is defined as an integral part of the EIA process, facilitating the exchange of environmental information among stakeholders at all stages It emphasizes the public's right to access project information to provide valuable input for reaching consensus in the EIA report Additionally, various approaches, such as Arnstein's (1969) framework, are used to assess the levels of participation.
The scope of participants in the Environmental Impact Assessment (EIA) process remains a contentious issue among scholars, with debates centering on whether the public should include only affected individuals or all members of society The identification of participants is influenced by the public participation techniques employed and the objectives of the process The effectiveness of public participation hinges on achieving these objectives and is affected by various factors, including insufficient information, flawed procedures, limited resources, and stakeholder attitudes Additionally, public participation faces unique challenges and difficulties in different countries.
75 instance, between developed countries and developing countries, or between democratic countries and monarchy countries, and among the countries with different participatory culture 39
39 See ―participatory culture‖ in The Participatory Cultures Handbook (Delwiche & Henderson, 2012) for more details