Four cases described in the first part of this article, three ended up in the hope of resolution: projects that may have gone to pollute the environment was delayed, ordered perform environmental impact assessments and changes or forced to move.
But it is more common in China for the public to participate in environmental impact assessments to be frustrated. For example, project of ethylene 2008 Sinopec in Pengzhou, Sichuan, was ignored the desire of many residents of Chengdu to take part in the process. Even cases where the public has managed to have something to say still show the challenges to participatory democracy in matters of environment environmental in China.
First, the successful cases are always produced after questionable activity. The public does not have to buy full and complete information about the process of approval and construction - occur only know that the project is in some illegal way or problematic, by which point the scheme went ahead illegally without an environmental impact assessment or the assessment has concluded without full public participation. No exposure in the media, the public do not even know about such activities, and much less involved in dealing with them.
Secondly, the Government does not provide active participation. In four cases that we have discussed here, it was after "walking" protests or extensive exposure in line or coverage in the mainstream media that the environmental authorities and the local governments were forced to hold hearings. The Government does not actively invite citizenship to participate in the drafting and adoption of the evaluations.
Thirdly, the regulations on public participation processes is insufficient and does not allow the public fully to express their views. One reason for local skepticism about environmental impact assessments for high voltage in Xishangliu and incineration in Liulitun plant line were very few people had participated in the process and those who were chosen to participate were not representative of the people affected.
2006 "Temporary method for public participation in environmental assessment impact" includes certain regulations on the ways in which the public can participate in the evaluation of construction projects. But in practice, the results have been poor. In particular, until three years ago, there was legislation on the publication of Government information, which is a prerequisite and the basis of public participation. This changed in 2008, but the results of such legislation have been something just to show off: the public is often unable to acquire complete and accurate, making it impossible for their participation in the process of formulation of policies of the Government of a prepared and rational manner.
We have seen some progress. The Ministry of environmental protection is working on national standards for the protection of the environment, and their "environmental impact assessment technical guidelines: public participation" was made available for public comment in January 2011. This document sets out regulations on the process of public participation: the definition of public, times and methods for the publication of the information necessary for the participation of the public and the conditions for the holding of hearings and discussion sessions.
But there is a fourth obstacle: such participation has no teeth in the courts. The grant of administrative licences and environmental impact assessment laws give the public the right to participate, but without the possibility of repair if that right is violated, which means that that right exists not only name: as lawyers often say, without reparation, there are no rights.
The law on environmental impact assessment is only a simple and abstract article on public participation: "The State encourages relevant work units, experts and members of the public to participate in the evaluation of environmental impact through a proper method". Do not specify the legal responsibilities in charge if they do not seek public opinions. Therefore, public participation in these assessments often missing or fails to measure when the system was designed.
If ask members of the public and environmental groups to participate in the decision-making of environmental policy and their application it is rejected by the Government, current legislation does not allow such a decision to be challenged in the courts. The existing law on administrative licensing only allows those who have a direct interest to sue. If, for example, Zhang Zhengchun, the first person to identify the problems in the old Summer Palace: or environmental campaign group friends of nature were satisfied with the administrative decisions taken by the Agency of environmental protection of the State in this case, none of the parties would be able to take the matter to the courts, as they have no direct relationship of interests with the party responsible for, the Office of management of old Summer Palace. The lack of guarantees of this right is an obstacle to the participation of citizens or organizations in the environmental decision-making of the Government.
May 1, 2008, the Council of State "standards on publication of Government information" and the Ministry of environmental protection of the "trial methods of publication of environmental information" came into force: stirring great hopes among environmental groups and the public, who believed that they marked a new dawn for participatory democracy in the field of the environment. But three years later, the situation just described as acceptable. Open environmental information is a prerequisite for public participation: If this essential ingredient is only in an acceptable state, it is easy to imagine the condition of participation on the ground. Nationally influential cases of public participation, such as the relationship with the old Summer Palace, not repeated.
These obstacles seem to have soaked the public enthusiasm for participating in environmental policy formulation. But the nature of modern society means that the authorities really need public participation so that the decisions made are correct. Increasingly, technological development is bringing new risks to society and should be the objective of public policies prevent and manage these risks. Public participation can help the nation to avoid social conflicts arising from errors of Government policy and help to maintain social harmony and stability.
What changes, then we would like to see? We hope that the words "temporary" or "test" removed from rules that are intended to promote the participation of the public: as the "temporary method of environment protection licences administrative hearings", the "temporary method for public participation in environmental assessment impact" and the "test methods for the publication of environmental information". We hope to see information under the control of the Government shared with the public. And we hope to open the doors of the Court to the citizens and environmental groups. Only then China can limit the dangers posed by environmental problems to the society.
Zhang Jingjing is Deputy Director of China in PILnet country: the global network of public interest law.
First part: key cases
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