Claudia s. de WindtProject Attorney, OAS/FIDA

Toward a Right of Participation in the Toward a Right of Participation in the Americas: From Rio to QuebecAmericas: From Rio to Quebec

Presentation at the Resource Persons Meeting on "Using Information for Decision-making on Sustainable Development - Issues and Challenges for Caribbean SIDS"May 2003Castries, St. Lucia

Participation PrinciplesParticipation Principles

In the Americas, the ability of citizens to participate in decision-making related to their development has been expressed as a principle, a right and even a duty

Governments use language that suggests participation is a binding right and that governments are committed to creating the structures to secure this right.

The Evolution of The Evolution of ParticipationParticipation

UN Conference on Environment and Development (Rio 1992) “At the national level, each individual shall have

appropriate access to information concerning the environment that is held by public authorities, including information on hazardous materials and activities in their communities, and the opportunity to participate in decision-making processes. States shall facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and administrative proceedings, including redress and remedy, shall be provided.”

The Evolution of The Evolution of ParticipationParticipation

At a regional level, participation principles have often been expressed as “rights” affirmed in Inter-American summits. Miami 1994 Santa Cruz 1996 Santiago 1998 Quebec City 2001

From Principles to RightsFrom Principles to Rights

Miami (1994) Heads of state affirmed “the right of all

citizens to participate in government.” They also committed to “facilitate fuller participation of our people in political ... activity, in accordance with national legislation.”

Source: Summit of the Americas Declaration of Principles Dec. 9-11, 1994, 3-9.

From Principles to RightsFrom Principles to Rights

Santa Cruz de la Sierra (1996) Heads of state pledged to “support and

encourage, as a basic requisite for sustainable development, broad participation by civil society in the decision-making process, including policies and programs and their design, implementation, and evaluation.”

Source: Declaration of Santa Cruz de la Sierra, Dec. 7, 1996, at 12, 8

From Principles to RightsFrom Principles to Rights

Santiago (1998) Heads of state and government pledged to

“promote the necessary actions for government institutions to become more participatory structures.”

Declaration of Santiago Chile, April 19, 1998 at 3, 4.

From Principles to RightsFrom Principles to Rights

Quebec City (2001) Heads of state and government declared

their commitment to “the full participation of all persons in the political, economic, social and cultural life of our countries.”

Source: Declaration of Quebec City, Canada, April 22, 2001 at 6.1.

From Principles to RightsFrom Principles to Rights

Inter-American Democratic Charter Article 6

It is the right and responsibility of all citizens to participate in decisions relating to their own development. This is also a necessary condition for the full and effective exercise of democracy. Promoting and fostering diverse forms of participation strengthens democracy.

» Source: Inter-American Democratic Charter, adopted by OAS General Assembly at Lima, Peru, on September 11, 2001.

From Principles to RightsFrom Principles to Rights

Inter-American Democratic Charter Article 15

The exercise of democracy promotes the preservation and good stewardship of the environment…

» Source: Inter-American Democratic Charter, adopted by OAS General Assembly at Lima, Peru, on September 11, 2001.

Participation & the ISPParticipation & the ISP

The Inter-American Strategy for the Promotion of Participation in Sustainable Development Decision-making (ISP) Grew from a commitment of the Santa Cruz

Summit Shaped by a 3-year program of regional study

and dialogue

Participation & the ISPParticipation & the ISP

ISP Recommendations – Legal Frameworks Recommendation: Create, expand, and

implement legal and regulatory frameworks that ensure the participation of civil society in sustainable development decisions.

Source:Organization of American States Council on Integral Development, CIDI Res. 98 (V-O/00) OEA/Ser.W/II.5, 20 April 2000.

Participation & the ISPParticipation & the ISP

ISP Recommendations – Institutional Procedures and Structures Recommendation: Develop and support institutional

structures, policies, and procedures that promote and facilitate, within all levels of government and civil society, interaction in sustainable development decisions, and encourage change within existing institutions to pursue a basis for long-term direct dialogue and innovative solutions.

Where do we go from Where do we go from here?here?

The theoretical foundation for participation has been established.

The legacy of commitment in the Americas is clear.

Mechanisms for participation in development decision-making can be seen as both a right and a reasonable course of action for democratic governments.