Document Type : Original Article
Abstract
THE PERMANENCE OF DEMOCRACY DEPEND ON PUBLIC PARTICIPATION, WHICH IS THE PARTICIPATION OF THE MEMBERS OF THE SOCIETY IN MAKING THE DECISIONS WHICH HAVE IMPACT ON THEIR LIFE. In order to participate effectively in the authorities ' decision making process, access to information is a necessary precondition which is reflected in most of the national and international regulations.
Access to information, which is recognized in the constitutions or statutes of the most of the states as a right for people, is consisted of the most of the governmental information as well as environmental information. The regulations which guarantee citizens' right to justice, award them the right to access to necessary information as well.
In international level, public participation and access to information has been recognized in principle 10 of Rio Declaration 1992 which holds:” each individual shall have appropriate access to information concerning the environment that is held by public authorities and 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.
Although there is nothing new in Rio Declaration, since most of its issues have been reflected in older international instruments, but in regional level Arhuss convention 1998 has been devoted completely to triple concepts of principle 10 and presents a set up for its implementation.
This article as a result of the note worthy significance of Aarhus convention as a model for access to the information and administrative has compared and contrasted the element of access to information in Iranian law and Arhuss convention.
A comparative study of these two instrument bring a question to the mind about the adequacy of 1387 law. Can this law meet the requirement of people for access to information about environmental issues in a way that pave the road for national participation in governmental decision making process which has been emphasized in Arhuss Convention? It seems 1387 law can meet the requirement although it is not a mere environmental regulation. Free access to information is limited and on the other hand there are relatively a wide range of classified and secret subjects.The law suffers from the lack of an implementation guide. The law is not enforceable in the case of lack of access to information. That is pretty obvious that a new law must be ratified in order to cover the shortcomings of 1387 law.