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In a Time of Democratic Drift, the Aarhus Convention Holds the Line

In an era when regulatory frameworks are being weakened and democratic accountability strained (Omnibus, anyone?), the Aarhus Convention offers one of the few internationally binding backstops for public rights in environmental governance. It is not just an environmental treaty: it is a democratic safeguard. The convention’s quadrennial Meeting of the Parties – or MOP – may be overshadowed by its climate-treaty counterpart, but its outcomes are equally important, writes Ruby Silk.

This week (17-21 Nov), a five-day series of meetings in Geneva will bring together around 300 representatives of Governments, international organisations, civil society and other stakeholders to discuss achievements and remaining challenges in advancing transparency, public participation in decision-making and access to justice in environmental matters (rights enshrined by the Aarhus Convention).

What to expect

The 2025 MOP is set to grapple with several critical issues. Delegates will consider how to support the Convention’s increasingly overstretched Compliance Committee, how to restore the long-standing “spirit of consensus” that has historically guided Parties’ endorsement of the Committee’s findings, and how to ensure that the Rapid Response Mechanism – created at the last MOP to protect environmental defenders facing urgent threats – can continue its essential work ClientEarth explores these topics and potential outcomes in more detail here.

In a geopolitical climate that is increasingly hostile to environmental action and those trying to drive it forward, Parties are also expected to reaffirm their commitment to Aarhus’ core principles – access to information, public participation, access to justice and the protection of environmental defenders –  through the so-called Geneva Declaration. This renewed pledge will help shape priorities for the next four years and set out how the Convention can more effectively underpin environmental democracy and sustainable development in this period.

What we’ll be looking out for

Through our BeLIFE project, the EEB and its partners have been working to better understand the challenges environmental defenders face and how to reinforce the protections they urgently need. Across the EU, defenders are encountering escalating repression, from SLAPP lawsuits and administrative obstacles to funding cuts and direct intimidation. We spoke to some of them, and their experiences are documented in our latest report.

At the last MOP in 2021, Parties agreed to establish a new Rapid Response Mechanism to address cases of harassment, persecution and criminalisation of environmental defenders – situations that the slower Compliance Committee process could not adequately address – and in 2022, Michel Forst was appointed as the first Special Rapporteur under this mechanism.

Forst’s first mandate has been highly impactful: he has processed complaints, led consultations, produced a landmark report on state repression of environmental protest, developed Guidelines on the right to peaceful environmental protest and civil disobedience, and consistently used his platform to stand publicly with defenders under threat.

Given the effectiveness of his work, we hope Parties will commit to ensuring the mechanism’s continued strength with both political backing and adequate resources.

An anchor in the storm

Amid democratic backsliding, regulatory chaos, and environmental crises, the Aarhus Convention is a rare anchor in the storm that keeps public rights and environmental accountability from drifting away. Whether it can continue to hold firm now rests on the willingness of Parties to reinforce their commitments at this MOP.

UNECE in conversation with the EEB

To mark the run up to the 8th Meeting of the Parties of the Aarhus Convention, the United Nations Economic Commission for Europe (UNECE) spoke to some of the leading lights of the Geneva meetings to hear their views about the current state of the Aarhus Convention and its Protocol and their expectations for the future. Here is an excerpt from their conversation with EEB Secretary General, Patrick ten Brink:

The Aarhus Convention has led the way in environmental democracy across the globe. How can the Aarhus Convention continue to support transparent, accountable and participatory governance, particularly in the face of rising geopolitical tensions? What major achievements and challenges would you like to highlight?

The Aarhus Convention has been a beacon of hope for many in the environmental movement worldwide. The recognition of environmental rights for members of the public gives tools to those seeking to limit global warming, reverse biodiversity loss and prevent widespread pollution. 

A great achievement of the Convention has been the mandate of the Special Rapporteur on environmental defenders under the Aarhus Convention, at a time when they are being repressed in myriad ways. 

In concert, the crucial work of the Convention Compliance Committee continues to set out the path to ensure the right for current and future generations to a liveable planet. The entry into force [April, 2025] of the GMO amendment [designed to strengthen the public’s right to participate in decision-making on genetically modified organisms] is a major milestone, and we have high hopes for its implementation. 

Maintaining political and financial support for the Convention is proving challenging. It is paramount that all Parties safeguard the implementation of the Convention and respect for the Compliance Committee and the mandate of the Special Rapporteur. 

Despite some progress, many countries continue to face serious challenges in addressing the triple planetary crisis. In your view, what are the major areas requiring particular attention by Parties and the steps they need to take in order to implement commitments outlined in the Geneva Declaration?

The triple planetary crisis of climate change, biodiversity loss and pollution is more urgent than ever. One thing is certain: to address the crisis, all States have to safeguard the rights of civil society and environmental defenders to keep demanding justice and denouncing wrongdoing. When it comes to climate action, the phasing out of investment in fossil fuel subsidies is far too slow. Transparent monitoring, reporting and verification systems are essential to progress tracking and ensure accountability.

On biodiversity conservation, Parties must balance economic and infrastructure development with ecosystem protection. Parties should expand, not restrict, protected areas, restore degraded ecosystems, and embed biodiversity considerations into all plans. It is worrying to see mining projects and renewable infrastructure being planned in nature conservation areas – that is not a viable path. 

Furthermore, strengthening Indigenous and local community participation is vital, as these groups are custodians of critical ecological knowledge and resources, as well as being rights holders. 

When it comes to pollution, its prevention must be tackled at its source, promoting non-toxic circular economy approaches and embracing a one-health vision that looks at human, animal and planetary health together. The further development of the work on access to environment-related product information could be a step towards this aim, as could reliable access to justice in cases of pollution exposure and impacts.

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