Government Information in Canada/Information gouvernementale au
Canada, Volume 3, number/numéro 2 (fall/automne
1996)
Information Dissemination and Public Outreach Programs 1
NAFTA Commission for Environmental Cooperation
Dans le présent document, nous présentons les
services de traitement et de transmission des données et
de l'information de la Commission de coopération environnementale
(CCE). De plus, nous y expliquons la nouvelle infrastructure
qui a été créée pour l'archivage et
la diffusion de l'information. De fait, le mandat de la Commission,
qui consiste à encourager la participation du public et
à tenir ce dernier au courant des questions environnementales
en Amérique du Nord, l'oblige à lui offrir un accès
libre et équitable à des données et à
une information pertinentes. Ainsi, la CCE doit non seulement
créer, indexer et cataloguer les données et l'information;
elle doit également les rendre accessibles au public des
trois nations dans tout le continent nord-américain. Enfin,
d'aucuns soutiennent que l'intégration et l'harmonisation
de plus en plus prononcées des systèmes social,
économique et politique en Amérique du Nord nécessitent
de nouvelles approches en matière de programmes d'extension
des services au public et de diffusion de l'information.
The Commission for Environmental Cooperation (also known as the
NAFTA Commission for Environmental Cooperation)
(http://www.cec.org)
created by the three NAFTA member countries,
Canada, Mexico, and the United States, addresses transboundary
environmental problems and concerns in North America. The
Commission was implemented under the North American Agreement for
Environmental Cooperation (NAAEC)
(http://cec.org/english/agreement/index.html),
an international agreement that has been described as "a major step in the legal,
political and institutional regimes affecting environmental protection and
trade and environmental processes in North America."3 The impetus for this side agreement
to the NAFTA is the result of concerns that increased trade among the
member countries would foster lower environmental standards
throughout North America.
The primary objectives of the Commission are to:
The Commission is composed of three bodies: A Council of Ministers,
a Joint Public Advisory Committee, and a Secretariat. The Council,
represented by "cabinet-level or equivalent representatives of the
Parties, or their designees," 5 is the Commission’s
governing body. At the present time, this role is undertaken by the
environmental ministers of Canada and Mexico and the head of the
Environmental Protection Agency in the United States, and functions as
an intergovernmental body. 6 In summary,
the Council is the "political anchor of the CEC, its final
authority, and its direct link to the parties." 7
Of special interest are the Council’s obligations as mandated by the
NAAEC concerning public access to information. First, "The Council
shall promote and, as appropriate, develop recommendations regarding:
a) Public access to information concerning the environment that is held
by public authorities of each Party, including information on hazardous
materials and activities in its communities and opportunity to participate
in decision-making process related to such public access." 8 Second, in the attempt to meet the above
obligation, the Council further stipulates that it is necessary to develop
"comparability of techniques and methodologies for data gathering and
analysis, data management and electronic data communications on
matters covered by this Agreement."9 Third, and perhaps
most important, the Council must foster the "promotion of public
awareness regarding the environment." 10
The obligation within the NAAEC to inform the public is remarkable
because of the role that the public plays in the decision-making process
of the CEC. Indeed, some believe that the NAAEC has the "potential to
become a global milestone" 11 because of its
willingness to allow for public input, public dissemination of information,
and the ability of citizens to petition the CEC to investigate non-enforcement
of North American environmental laws. In the CEC, this
public participatory approach is undertaken by the Joint Public Advisory
Committee (JPAC).
The Joint Public Advisory Committee (JPAC) gives non-governmental
organizations, the private sector, and concerned citizens the ability to
participate in the decision-making process of the CEC. Each country is
represented by five members who are able to advise the Council on any
matter falling within the scope of the NAAEC agreement. The JPAC also
offers the public another channel for participation by holding open
meetings where the public is able to discuss and debate the direction
and priorities of the CEC. Also unique is the opportunity of the JPAC to
suggest staff appointments to the CEC executive director. Therefore,
while most other international agreements exclude public advice and
participation, the JPAC is an integral component of the CEC, directly
affecting policy and helping to prioritise concerns.
The information needs of the JPAC are multifaceted, especially since
JPAC members are dispersed throughout North America. Moreover, the
information needs of the JPAC are multi-disciplinary since it must
provide the Secretariat with technical, scientific, or other information
necessary to develop a factual record in response to a submission
requesting an investigation into an alleged contravention of
environmental legislation. And finally, the general public, as represented
by the JPAC, can request from the CEC help with finding information
published by or about the CEC and on any aspect of the environment
and trade in North America.
The third body of the CEC, the Secretariat, "shall provide technical,
administrative and operational support to the Council and groups
established by the Council, and such other support as the Council may
direct." 12 Essentially, the Secretariat acts as the
Council’s bureaucracy or support structure. 13 Located in Montreal, Canada, the Secretariat is seen as
potentially more effective in a centralized location because it establishes
an " . . . institutional personality in a way that would not have been
possible if the Council had been supported only by national sections
working in their home countries." 14
The Secretariat, similar to the JPAC, has varied and multi-faceted
information needs. However, the information needs of the Secretariat
are unique for several reasons. First, it is the Secretariat that
reviews petitions submitted by citizens or organizations. It must have
unrestricted access to information so it is able to initiate the review of
the petition. Second, it is charged with giving the general public advice
on where to find technical advice and expertise on environmental
matters, making dissemination of information as important as access to
information. Third, it must have access to information in any of the three
official languages: English, French, and Spanish.
The Information Services of the Commission for Environmental
Cooperation
The information services of the CEC should be noted for several
reasons. First and foremost, the CEC is perhaps one of the first
international organizations to create an electronic information and public
outreach infrastructure parallel to a traditional one. From its onset, the
CEC understood electronic dissemination of information as being the
most efficient method to inform the North American public of
environmental matters while simultaneously engendering greater public
participation. Second, the CEC must not only disseminate information,
but it must receive public information as well. Again, interaction with the
public via electronic means is viewed as the most cost efficient and
equitable way possible. Third, dissemination of information and public
outreach occurs in a multi-cultural, tri-lingual environment. The CEC has
to respond to a diverse audience distributed throughout North America.
And last, CEC information must be disseminated in an equitable way,
with little constraints on access and use of the information.
The World Wide Web (WWW) and its primary protocol, hypertext
transfer protocol (http) is the technology of choice to meet the above
objectives. It is easy to use, allows for interactive communication,
integrates most older Internet protocols like file transfer protocol and
telnet, and, with electronic mail, it is the most popular protocol among
Internet users. As well, it allows for the creation of distributed centers of
information, an especially important aspect of the technology given that
the information is dispersed throughout North America. Finally, WWW
servers and client software are becoming ubiquitous throughout North
America. Mexico, for example, is investing scarce resources to develop
a first world telecommunication infrastructure. Mexican government
bodies responsible for the environment as well as many Mexican NGOs
either offer a WWW server to disseminate information or have access to
the Internet via client software.
Another interesting aspect of WWW technology is the possibility for the
use of graphics and diacritics, a concern where two of the three official
languages of North America use accents. And finally, WWW is not a
passive technology; it offers great potential for interaction, particularly
with the development of new software like Java (Sun Microsystems,
1996) and ActiveX. Through the CEC home page, the public is able
access CEC official publications, request information, find gateways to
other sites of NAFTA/environmental information, track the status of any
submission made under the NAAEC, and communicate with the
Secretariat.
This environment, therefore, is responsible for the development of the
said suite of instruments and procedures to communicate and interact
with the public. As a result, the CEC is within the reach of anyone on
the North American continent and the world. Still, because access to
telecommunication technology is woefully inequitable in North America,
particularly in Mexico, the CEC continues to invest in traditional means
of information dissemination: mailings, fax, and printed copies of its
reports and publications.
The Provision of Information Dissemination
Under Article 14 of the NAAEC, the Secretariat may consider a
submission from a non-governmental organization or a person asserting
that a Party to the Agreement is failing to enforce its environmental laws
or is in contravention of its environmental laws. In keeping with the
Secretariat’s mandate to inform the public on North American
environmental matters, a registry of information on submissions was
created so that any person or organization may review the status of the
submission during any stage of its review process. For example,
information on the submission made by the "Friends of the Old Man
River," where it is alleged that "[t]he Government of Canada is failing to
apply, comply with and enforce the habitat protection sections of the
Fisheries Act and with CEAA (Canadian Environmental Assessment
Act)," can be found in full-text on the CEC home page
(http://www.cec.org/english/citzen/index.html).
The importance of unrestricted access to information on the submission
process should be understood in the context of the uniqueness of the
CEC and of the NAAEC. Traditionally, international institutions have not
been open to public participation and influence. 15 Indeed, as Beaulieu states, "in the case of the old GATT, most
international financial institutions, and the usual trade dispute settlement
procedures, there were often serious shortcomings in terms of
transparency, access to information and public participation." 16 Because of the potential for public participation, either through the
JPAC or indirectly through open meetings, the CEC offers unparalleled
opportunities for public input and influence. Unlike most other
environmental and trade treaties, the NAAEC stipulates that public
participation be an integral component of the CEC. And arguably, the
ability to influence depends in large part on access to information on the
submission process or related matters.
The Summary of Environmental Law in North America
(http://www.cec.org/english/database/law/welcome.htm)
is another CEC project that reflects its commitment to open and equitable access to
environmental information. Created to assist any person or organization
concerned with environmental legislation in North America, the
Summary is a database of legal instruments for each Party to the
Agreement. Divided into 25 chapters, the database lists summaries to
statutes, regulations, laws, norms, etc. of each nation in English, French,
and Spanish. Different areas of international law are treated within each
chapter with links, whenever available, to other sites on the Internet that
complement the information. A list of acronyms used in the summary
and a bibliography of comparative works on the environmental laws,
regulations and policies of the three nations are also available.
The database was developed with participation of non-governmental
organizations from Canada (the Quebec Environmental Law Centre),
Mexico (Centro Mexicano de Derecho Ambiental) and the United States
(Center for International Environmental Law). Given that access is
unrestricted and free, anyone is able to compare legal instruments from
each country while gaining a general overview of the existing legal
infrastructure in North America. In addition, the material in the database
may be reproduced without seeking permission provided it is accurately
reproduced, not used for commercial purposes and acknowledges the
CEC.
Although still under development, two other projects that exemplify the
CEC’s philosophy toward information dissemination and public outreach
are the North American State of the Environment Report and the North
American Integrated Information System. The purpose of the State of
the Environment Report project is to provide accurate and timely
information on environmental conditions and trends in North America.
Briefly, the project attempts to:
The Report will not create new data, but rather will use existing data
and
information from the three countries and, using a holistic, integrated
approach, offer an analysis of the most important linkages between
socio-economic trends and the environment. Comprised of four parts,
the report first emphasizes a characterization of the North American
environment followed by the baseline environmental reference. A
presentation of current trends and indices in the economic, social, and
economic areas is in the third section. The report concludes with an
analysis of how trends are interacting with the environment and
influencing the baseline environmental reference.
The Report will not replicate data from existing national state of the
environment reports; it will focus on trends and problems that are of
particular interest in North America: issues of a transboundary nature,
issues of concern shared by the three countries, and issues relating to
global environmental change. Time series data will be used to distinguish
trends whereas spatial data will be used to identify where each problem is
located. 18
Similar to the State of the Environment Report, the North American
Integrated Information System aims at a holistic and integrated
approach to data management and dissemination. The purpose of the
project is to develop an analytical tool to facilitate and assist studies,
assessments, and design of programs to improve environmental
management in North America. Regional databases and a North
American Regional Geographic Information System will be developed to
"enhance CEC analytical capacity and to provide support to public
agencies and other parties interested and involved in environmental
management in the three countries." 19
Once more, the North American Integrated Information System project
can be understood as a direct outcome of the CEC’s mandate to
disseminate data and information. This mandate becomes especially
important given that most national North American georeference
systems gather and analyze data without attempting to identify
transboundary or regional environmental problems. Furthermore, the
project creates new channels of cooperation among agencies managing
data on environmental management and sustainable development in
North America.
Finally, through the CEC home page, all CEC publications, media
advisories, information on the CEC, and on the North American Fund for
Environmental Cooperation are available without restrictions. As well,
the CEC Resource Center (http://cec.org/english/resource/index.html)
acts as a clearinghouse of North American trade and environmental
information. It creates a virtual space containing links to other North
American environmental WWW sites, electronic journals and books, and
laws. As well, the public is able to communicate with the Center’s staff
should they require assistance in locating or disseminating information
(http://cec.org/english/resource/request.htm).
Conclusion
There are three factors that make the CEC’s Public Outreach and
information dissemination services indicative of new information needs
in the North American context. First, it recognizes that the growing
integration of North American social, economic and political systems
requires new approaches to information services. These services must
deal with an environment that is dispersed, multi-ethnic and in varying
degrees of development. It must also create distributed centers or virtual
spaces where the public are able to interact, and locate and disseminate
information. And it must function in the three official languages of the
region.
Second, issues like sustainable development, environmental
management, transboundary pollution issues, etc. require a new
cooperative approach to the use and dissemination of information. That
is, few information systems incorporate North America as one region.
Data and information on the three countries, although abundant, rarely
offer regional perspectives. This is particularly worrisome because
environmental issues are inherently transnational. Integrating existing
data sets or information, therefore, into a greater continental perspective
remains one of the primary goals of the project.
Third, because the public is able to play an unprecedented role in the
work of the CEC, equitable and open access to data and information
becomes imperative. And although electronic means of information
dissemination and communication has the potential of reaching millions
of people, access is inequitable. This in part explains the support the
CEC has given to projects like the North American Center for
Environmental Information and Communication (Centro de Información
y Comunicación Ambiental de Norte América) in Mexico
(http://www.mex2000.com/ciceana/index.htm),
which will offer public
access to environmental information found on the Internet.
Nevertheless, although the Public Outreach and Information services
maintain traditional means of information dissemination, the potential of
electronic information dissemination and communication remains
unmatched.
Last, the CEC, is the only international organization with a citizen
petition system where individuals and organizations are able to request
an investigation of an alleged non-enforcement of environmental laws.
The effectiveness of the system, and of the CEC, depends on whether
people use it. And arguably, effective use is conditional on timely, open
and equitable access to environmental information. As the North
American economic, social and political systems increase their
harmonization and integration, information services such as those
offered by the CEC will become commonplace.
Beaulieu, André. "The NAFTA Environmental Commission: Breaking
New Ground in the Old Debate." World Economic Affairs 1, no. 1 (1996): 66-67.
Commission for Environmental Cooperation. Understanding CEC.
Montreal, Quebec: Commission for Environmental Cooperation, 1996.
Commission for Environmental Cooperation. 1995 Program Report.
Montreal, Quebec: Commission for Environmental Cooperation, 1996.
Commission for Environmental Cooperation. State of the Environment
Report for North America: Draft proposal. Montreal, Quebec: Commission
for Environmental Cooperation, 1996.
Commission for Environmental Cooperation. North American GIS
Program for Environmental Management. Montreal, Quebec: Commission for
Environmental Cooperation, 1997.
Johnson, Pierre-Marc and André Beaulieu. The Environment and
NAFTA: Understanding and Implementing the New Continental Law.
Washington, D.C.: Island Press, 1996.
Lichtinger, Victor. Foreward to The
Environment and NAFTA: Understanding and Implementing the New
Continental Law. Washington, D.C.: Island Press, 1996. [http://cec.org/english/resource/natfa.html]
Lichtinger, Victor. "Integrating Environment and Trade for a Stronger
Future." Speech presented to the Canadian-American Business Council, Royal
Bank of Canada Distinguished Speaker Series, Washington, D.C., 1996.
North American Agreement on Environmental Cooperation, January 1, 1994.
[http://cec.org/english/agreement/index.html]
Sun Microsystems. "Frequently Asked Questions About Java (TM)."
Mountain View, California: Sun Microsystems, 1996. [http://java.sun.com/java.sun.com/faq2.html]
"The Commission for Environmental Cooperation’s Information Dissemination
and Public Outreach Programs," Government
Information in Canada/Information gouvernementale au Canada 3, no.
2 (1996). [http://www.usask.ca/library/gic/v3n2/silva/silva.html]
[3] Victor Lichtinger, foreword to The
Environment and NAFTA: Understanding and Implementing the New
Continental Law, by Pierre-Marc Johnson & André Beaulieu
(Washington, D.C.: Island Press, 1996), xiii. [http://cec.org/english/resource/natfa.html]
[4] Lichtinger, "Integrating Environment and Trade for a Stronger
Future" (speech presented to the Canadian-American Business Council, Royal
Bank of Canada Distinguished Speaker Series, Washington, D.C., 1996).
[5] North American Agreement on Environmental Cooperation, 1996,
article 9, 1.
[6] Pierre-Marc Johnson and André Beaulieu, The Environment and
NAFTA: Understanding and Implementing the New Continental Law
(Washington, D.C.: Island Press, 1996), 133.
[7] Ibid., 133.
[8] NAAEC, article 10, 5(a).
[9] Ibid., article 10, 2(a).
[10] Ibid., article 10, 2(f).
[11] André Beaulieu, "The NAFTA Environmental Commission: Breaking
New Ground in the Old Debate," World Economic Affairs 1, no. 1 (1996): 67.
[12] NAAEC, article 11, 5.
[13] Johnson and Beaulieu, 136.
[14] Ibid., 138.
[15] Beaulieu, 67.
[16] Ibid.
[17] Commission for Environmental Cooperation, State of the Environment
Report for North America: Draft proposal (Montreal, Quebec: Commission
for Environmental Cooperation, 1996), 2.
[18] Ibid., 4.
[19] Ibid., 1.
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