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:

• offer a trinational forum for open dialogue on pressing environmental issues
• catalyze North American cooperation where the unilateral efforts of one country would be ineffective without the support of its partners
• accelerate the implementation of regional and international commitments, such as those made at Rio and other international forums
• explore and promote innovative economic instruments
• encourage the exchange and wide dissemination of environmental information
• promote the effective enforcement of environmental law 4

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:

• identify the linkages between environmental problems and social, economic, and cultural processes
• determine how growth patterns interact positively and negatively with the environment
• provide insights regarding the inter-connections between environmental and socio-economic policies, which may be of use to decision makers and public interest groups
• establish a basis for evaluating future changes in the state of the environment in North America 17

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]

Notes

"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]
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[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]
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[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).
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[5] North American Agreement on Environmental Cooperation, 1996, article 9, 1.
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[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.
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[7] Ibid., 133.
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[8] NAAEC, article 10, 5(a).
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[9] Ibid., article 10, 2(a).
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[10] Ibid., article 10, 2(f).
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[11] André Beaulieu, "The NAFTA Environmental Commission: Breaking New Ground in the Old Debate," World Economic Affairs 1, no. 1 (1996): 67.
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[12] NAAEC, article 11, 5.
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[13] Johnson and Beaulieu, 136.
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[14] Ibid., 138.
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[15] Beaulieu, 67.
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[16] Ibid.
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[17] Commission for Environmental Cooperation, State of the Environment Report for North America: Draft proposal (Montreal, Quebec: Commission for Environmental Cooperation, 1996), 2.
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[18] Ibid., 4.
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