The Human Right to Public Participation in Environmental Decision-making: Some Legal Reflections

Abstract

Recent years have seen an increase in climate-related protests and demonstrations. There is a clear disparity between the opinions of the public and those of the state in relation to climate change and how it should be tackled. At the heart of the problem is poor communication between citizens and state actors, which has resulted in a lack of support from the public for the state’s climate policy formulation and implementation processes. To increase support for new and existing climate-related policies and initiatives, and to ensure that the fundamental human right to public participation is protected, the state must make a concerted effort to engage with the public during the policy formulation, introduction, application and monitoring phases. This would ensure that state actors are better informed about the concerns of the public and that, when promoting decision-making in climate-related policies, citizens are given opportunities to exercise their right to public participation. It would also promote transparency and accountability in the decision-making process and create a more engaged citizenry and inclusive society. The processes driving greater public participation are not new; they have been encouraged and supported by United Nations (UN) Office of the High Commissioner for Human Rights (OHCHR) and have been incorporated into environmental law both at the national level and at an international level through the United Nations Sustainable Development Goals (SDGs). However, it may be necessary to rethink and reframe existing public participatory processes to encourage stronger cooperation between all stakeholders in environmental decision-making processes including climate change.