Linking Public Participation and Environmental Rights: International Law Instruments in the Decision-Making Process (1)
By: Büşra Tenik
Tags: Environmental Rights, Public Participation, Environment, International Law, Environmental Issues

Representation of all segments of the society at the public level is a method that improves, strengthens, and legitimizes the decision-making process. Although this method may be called in different ways, public participation as a framework concept that everyone agrees; becomes an inclusive, progressive force. It is also one of the cornerstones of good governance. The concept of public participation, which started to gain importance especially from the second half of the 20th century, has become very valuable as a result of the effects of climate change and increasing rights-based studies in environmental decision-making processes. In this study, it will be focused primarily on the scope of public participation and secondly, different approaches to environmental rights and climate change. In the end, international measures and agreements developed in this context will be analysed.

PUBLIC PARTICIPATION IN THE CONTEXT OF ENVIRONMENTAL RIGHTS

Public Participation

Public participation, as it is defined by Picolotti and Taillant, includes all interactions between government and civil society including the process by which government and civil society open dialogue, establish partnerships, share information, and otherwise interact to design, implement, and evaluate development policies, projects, and programs.[1] This may include voting, participating in discussions, volunteering in NGOs, being a member of a political party, or supporting a candidate financially. For many policy-makers and environmental advocates, take part in decision-making by communities and stakeholders is a basic component of democracy. That’s why some scholars characterized public participation as it is two-sided: process-related where it is viewed as an end in itself and substantive where it contributes to some further important outcomes/achievements.[2]

It will not be argued deeply what is the definition of public participation in this study. However, using Cornwall’s “invited” and “created” spaces framework is much more effective while trying to see the correlation between public participation and environmental rights as it is shown in the Stockholm Environment Institute Report: “invited” spaces are participation opportunities where decision-making authorities invite the public to provide input (i.e., public participation as traditionally understood). But citizens themselves also create spaces for engagement rooted in shared identities and common interests (i.e., mobilization).[3]

Implementation of public participation in different forms and methods will have different consequences. Therefore, if public participation does not settle into the daily practices of the community in a usual and active way, it will affect the quality of the decision-making process. This is possible with the state’s responsibility for awareness-raising activities by creating places in order to ensure the participation of the society and increasing interactions between the state and society.

[1] Picolotti and Taillant (eds) (2003). p.50

[2] du Plessis, A. A. (2008). p.11

[3] Berry, L.H (eds) (2019) p. 3