1. Access to Justice TAI Training Workshop

2. Access to Justice What does A2J mean? Access rights have been denied and/or people have suffered an environmental harm Citizens seek remedy An independent forum to solve conflicts

3. A2J Case Criteria: Choose at least four cases Case types include claims related to A2I, PP, environmental harm, environmental noncompliance Reflect average practice, nothing extraordinary Does not necessarily involve a court of law, but can include other fora Recent, occurring in the last five years Case Selection Criteria

4. Access to Justice Case TypesRequired Cases Access to Information1 Access to Participation1 Environmental Harm1 Non-compliance Optional Other Optional Any of the above types of A2J1 MINIMUM TOTAL CASES4

5. Access to Justice A2J Topics Include: 1.Law – Evaluate the national legislative and judicial frameworks 2.Effort – Assess the government’s actions to provide access, including the implementation of laws 3.Effectiveness – Assess if laws and government efforts resulted in effective practice

6. 1.Subtopics under Law are addressed with Indicators 91 – 103 and 143, and include: –Scope and quality of general legal framework –Quality of the general legal limits –Scope and quality of specific legal framework –Legal requirements to build capacity of government agencies –Legal requirements to build capacity of the public –Legal requirements for timeliness Access to Justice

7. 2. Subtopics under Effort are addressed with Indicators 104 – 128 and 148, and include: –Scope and quality of effort –Cost and affordability –Fairness and equitability –Timeliness –Channels of access –Effort to build government capacity –Effort to build capacity of the public –Efforts to build the capacity of sub-national governments

8. Access to Justice 3. Subtopics under Effectiveness are addressed with Indicators 129 – 136, and include: –Impacts of access –Outcomes of access –Government capacity-building –Capacity-building for the public –Capacity-building for sub-national governments –Capacity-building for the media –Capacity-building for civil society organizations

9. A2J Recommended Research Methods Recommended Research Methods:A2J Indicators: 1. Legal research: (review of constitutional law, other legislation and regulations, landmark court decisions) Law/CB: 95, 96, 97, 98, 101, 102, 103 Effort: N/A Effectiveness: N/A 2. Document Review (files of agencies or developers, SOE reports in libraries, facility records, etc.) Law: 97 Effort: 105, 108, 109, 114, 117, 120, 121, 123, 125, 127 Effectiveness: 129 3. Media Review (press releases, newspaper, radio, TV, and Internet research) Law: N/A Effort: 110 Effectiveness: 131 4. Interviews (in person, or through questionnaires and surveys conducted by phone, email, or mail) Law: N/A Effort: 108, 109, 110, 112, 114, 120, 121, 123, 125, 127 Effectiveness: 129, 131, 132 5. Document Requests (in person, via mail, phone, or Internet, or by method required by agency fulfilling request) Law: N/A Effort: N/A Effectiveness: N/A 6. Site visits - (to agencies, facilities, emergency sites) Law Indicators: N/A Effort: N/A Effectiveness: 129

10. A2J Case Study Examples Denial of right to information Denial by the National Protected Areas Commission to Release a Commissioned Technical Evaluation, Mexico Denial of right to participation Judicial Review and Suo Moto Exercise of Fundamental Rights Jurisdiction by the Supreme Court in the Colombo-Matara Expressway Route Deviation Case, Sri Lanka Claim for an environmental harm Suit in the Aysen Court Against the Government to Stop the Alumysa Energy and Aluminum Project, Chile Claim for non- compliance Illegal Logging in Palawan, Philippines