Human Right to Information

The right to information has individual and collective dimensions and constitutes an essential attribute of the democratic process and the right to popular participation. It features prominently in the human rights instruments and is enshrined in Article 19 of the Universal Declaration of Human Rights, Article 19 of the International Covenant on Civil and Political Rights and many other global and regional documents. It is of particular importance in the environmental field. Access to environmental information is a prerequisite to public participation in decision making and timely scrutiny of governmental and private activities. This facilitates the making of appropriate choices and the prevention of irreversible damage before it occurs.

The scope of the right to information has been broadened in order to take into account its preventive aspects and transboundary impacts on the environment, as well as the necessity of interested individuals, groups, peoples and States to have access to relevant information and the corollary duty on governments and public authorities to disclose it in a timely manner.

Even if all the legal aspects of the right to environmental information have not yet been identified, the practice is evolving on the basis of the general principles defined during the Earth Summit, in particular Principles 10, 18 and 19 of the Rio Declaration.

Principle 10 stresses the importance of:
“...the participation of al1 concerned citizens, at the relevant level. At the national level, each individual shall have appropriate access to information concerning the environment that is held by public authorities ... States shall facilitate and encourage public awareness and participation by making information widely available.”

Under Principles 18 and 19 “States shall immediately notify other States of any natural disasters or other emergencies that are likely to produce sudden harmful effects on the environment of those States ...” They “... shall provide prior and timely notification and relevant information to potentially affected States on activities thatmay have significant adverse transboundary environmental effects and shall consult with those States at an early stage and in good faith.”