ADAMA SCIENCE AND TECHNOLOGY UNIVERSITY

SCHOOL OF LAW

THE IMPLIMENTATION OF ACCESS TO ENVIRONMENTAL

INFORMATION IN ETHIOPIA: THE CASE OF ADAMA TOWN.

BY:

BIRUK IYASU

ADVISOR: MANDEFRO SORECHA (LLB, LLM.)

A THESIS SUBMITTED TO ADAMA SCIENCE AND

TECHNOLOGY UNIVERSITY, SCHOOL OF LAW IN PARTIAL
FULFILLMENT OF THE REQUIREMENTS OF BACHELOR
DEGREE OF LAW

Adama, ETHIOPIA
ACKNOLEDGMENT
First and foremost I would like to thank my God since without the will of Him nothing can be
done .Next to God I would like to express my heartfelt thanks to my advisor instructor
Mandefiro Sorecha , for his unreserved professional supervision, serious comment ,constructive
advice and successful suggestions which made the work take the present shape. I don’t have
terms that properly express my tank to you. You were like bonus patre familias (like a good
father) for me which I extended my unique admiration.

I am also grateful to many people who assisted me during the collection of data for the study
by providing me valuable information. Namely: Ato Mohamed teyim ,environmental protection,
forest and climate change and control officer. to also municipality vice manager Ato alemayew.

My special thank go to my father Iyasu endirias and my darling, Mesimamat Lukas for all the
moral and material support they extended me during my study. Mesimamat, you have always
been on my side; you are my source of hardworking, patience and success. I am extended my
heartfelt thanks to my friend Amanuel temesgen due to his material and moral support in the
conduct of this research.

Finally my deepest thanks and indebtedness go to my FAMILY whose moral support goes
beyond what I can inscribe on paper finance and material and it will remain imprinted in my
heart.
 ABSTRACT
This study deal with the implementation of access to environmental information in Ethiopia. The
major objective of this study is to assess the law and policy frameworks of access to
environmental information in Ethiopia. The study administers both primary and secondary
sources. The primary sources are laws and policies. The secondary data collected were from
various published and unpublished materials such as Books, Journals, Articles, Literature’s and
Internet sources. The secondary data were analyzed using qualitative, descriptive, and legal
analysis. The research as it’s concluded that the right to access environmental information has
faced several problems. Among those problems some of them affect the environment and the
wellbeing of the community. It is widely accepted principles that access of environmental
information is a fundamental human right as well as a key means to realize other rights and to
fight against injustices and environmentally unfriendly activities. Causal observation regarding
to access of environmental information revealed that, despite the government effort towards
increasing accessibility of environmental information it is far from being adequately enforced.
Lack of public awareness and little concern on environment causes environmental degradation
and pollution. Public officials violated the environmental right of citizens to environmental
information. Despite, ratification of international treats and enactment of national laws with
restricted limitation clauses the responsible public bodies have no awareness that disclosing
information is their responsibility. Finally based on the finding of the research the following
recommendations are forwarded. The public bodies should be cooperative and welcome the
citizens to give information. The stakeholders, NGOS should have get enabling environment to
provide education, awareness to the general public. Generally the government should not give
deaf ear to the community on environmental matters since environment is the life of the
community.
Key Words: Access of Environmental Information, Broader access to Environmental
Information, Fundamental Human Right, Policy, Legal Framework, Convention, Declaration,
Constitution.
 ACRONMYS
ACHPR African charter on Human and people’s Rights.

ONRS Oromia National Regional state

Art Article

CSO Civil Society Organization

EDM environmental decision making

EIA Environmental Impact Assessment

EPA Environmental Protection Authority

EPE Environmental Policy of Ethiopia

EP Environmental Policy

FDRE Federal Democratic Republic of Ethiopia

ICESCR International Covenant on Economic, Social and cultural Right

ICCPR International Covenant on Civil and Political Right

UN United Nation

UNCED United Nation conference on environment and development

UNECE United nation economic commission for Europe.

UNDP United Nation Development Program

UDHR Universal Declaration of Human Right

UNGA United Nation General Assembly

NGOS Nongovernmental Organizations

 Table of content page
1. Chapter one: Introduction……………………………………………………………………………………………………………5

1.1. Background of the study……………………………………………………………………………………………………………5

1.2. Statement of the problem………………………………………………………………………………………………………..9

1.3. Objective of the Research…………………………………………………………………………………………………………9

1.3.1. General objective……………………………………………………………………………………………………………..9

1.3.2. Specific objective……………………………………………………………………………………………….…………….9

1.4. Research question……………………………………………………………………………………………………………………10

1.5. Significance of the research……………………………………………………………………………………………………..10

1.6. Scope of the study…………………………………………………………………………………………………………………..10

1.6.1 Delimitation…………………………………………………………………………………………………………………..10

1.6.2 Limitation of the study…………………………………………………………………………………………………………….10

1.7. Research Methodology…………………………………………………………………………………………………………...11

1.7.1. Research strategy………………………………………………………………………………………………………....11

1.7.2. Types and sources of data……………………………………………………………………………………………..11

1.7.3. Data analysis system……………………………………………………………………………………………………..11

1.8. Organization of the paper……………………………………………………………………………………………………….11

CAPTER TWO: CONCEPTUAL AND THEOREITICAL Framework…………………………………………………………. 13

2.1 Conceptual Framework……………………………………………………………………………………………………………13

2.1.1. Environment…………………………………………………………………………13

2.1.2. Environmental Rights……………………………………………………………15

2.1.3. The Right to Access of Environmental Information…………………………………………………………16

2.1.4. Environmental protection………………………………………………………16

2.1.5. Environmental Movement………………………………………………………………………………………………….17
2.1.6. Environmental litigation………………………………………………….18

2.2. Theoretical Framework………………………………………………………18

2.2.1. Limited Conditions of Restriction……………………………………………………………………………..18

2.2.2. Process to Facilitate Access……………………………………………………..19

2.2.3. Broad Access to Information……………………………………………………………………………………………19

2.2.4. Transparency and Accountability……………………………………………………………………………………19

2.2.5. Obligation to promote and publish Environmental Information……………………………………..19

2.3 The Need for Environmental information……………………………………… 20

2.4 GENERAL OVERVERVIEWS OF THE LAW AND POLICY FRAMEWORKS

2.4.1 The Right to Access of Environmental Information under International Treaties and
Declarations…………………………………………………………………………………….20

2.4.2 The Cartagena protocol on Bio-safety to the Convention on Biological Diversity………………………21

2.4.3 The Rotterdam convention on the prior informed Consent procedure for Creation Hazardous
Chemicals and Pesticides in International Trade (Rotterdam CONVENTION)……………………………………21

2.4.4 The Stockholm Convention on Persistent Organic Pollutants…………………………………………………22

2.4.5 The Frame work on Climate Change………………………………………………………………………………………22

2.4.6The International Convention to Combat Desertification in those Countries Experiencing Serious

Drought or Desertification especially in Africa………………………………………………………………………………..22

2.5 REGIONAL TREATIES AND INSTRUMNETS……………………………………….23

2.5.1 The African charter on human and people’s right……………………………………..23

2.5.2 The African charter on the conservation and protection of natural resources…………………………..23

2.5.2 The African charter on the conservation and protection of natural resources…………………………..23

2.6 THE RIGHT TO ACCESS OF ENVIRONMENTAL INFORMATION UNDER THE

LAW AND POLICY FRAMEWORK OF ETHIOPIA………………….......................23
2.6.1 LEGISLATIVE FRAMEWORK……………………………………………………….23
2.6.2 The FDRE Constitution……………………………………………………………….23

2.6.3 THE RIGHT TO ACCESS OF ENVIRONMENTAL INFORMATION UNDER

OTHER LAWS……………………………………………………………………………….25
2.6.4 Broad casting Proclamation /533/2007………………………………………………….26

2.6.5 Advertisement Proclamation /759/2012…………………………………………………………………………………..26

2.6.6 The Impact Assessment Proclamation, /Proc NO, 299/2002/……………………………………………………26

2.6.7 Pollution Control Proclamation No, 300/2002…………………………………………………………………………28

2.6.8 Civil Society organization Proclamation /621/2009…………………………………………………………………28

2.7 POLICY FRAMEWORKS………………………………………………………………………………………………29

2.7.1 The Environmental policy of Ethiopia…………………………………………………………………….29

2.7.2 THE RIGHT TO ACCESS OF ENVIRONMENTAL INFORMATION UNDER OROMIA REGIONAL

STATE LAWS ……………………………………………………………………………………………………………………….30

2.7.2.1 The Legal Framework……………………………………………………………………………………………….30

2.8 THE LEGAL AND POLICY GAPS: TO ACCESS OF ENVIRONMENTAL INFORMATION UNDER
FDRE AND ONRS LAWS…………………………………………………………………………………………….30

2.8.1 Gaps under the Federal Constitution………………………………………………………………………30

2.8.2 The Broadcasting Proclamation………………………………………………………31

2.8.3 Civil Society Organization……………………………………………………………32

2.9 Gaps under the ONRS Constitution……………………………………………………………………………..32
CHAPTER ONE: INTRODUCTION

1.1. Background of the Research

The origin of life on earth is influenced and controlled by a set of environmental conditions. 1
Environment plays a great role in the continuity and existence of life. ‘Environment includes
both the natural and social process and the relation between people and the physical- biological
system of which we are apart’ Pollution of air, water, soil and malicious use of natural resources
have cause environmental degradation to a sever level all over the world.2

One of the systems of arresting this fundamental problem will be unequivocally creating
environmental awareness and educating the people through access to environmental information
as well as enacting laws, policies, and regulations and to make them clear, inclusive and
accessible to the public at large 3. Since environmental issue becomes the burning issue at the
global, regional and national level, it has been discussed at different international and national
conferences. Peoples understanding on the environment determines to a large extent how their
activities affect the environment. To accomplish this goal procedures and guide lines should be
enacted which provide the right to access to environmental information as a human right based
approach both at international and national level.4

As elucidated in above, different international human right instruments, treaties and declarations
are ratified to provide access to environmental information by expecting as a means to
environmental protection and safeguarding.

According to the universal declarations of human right (UDHR) in 1948; under its article 19,
stipulated that “everyone has the right to freedom of expression and opinion without interference
and the right to seek receive and impart information and idea through any media and irrespective
of frontiers.5

1
Gouri Suresh, Environmental studies and Ethics, Ik international publishing House
pvt,Ltd,NewDelhi,India,2007 .p.1(accessed at adama university law library, visited on 7/11/2017)
2
Ibid
3
Ibid
4
Ibid
5
Universal Declarations of Human Rights. “United Nation General AssemblyResolutionA(111). December 10,
1948, Art 19.
More importantly, the importance of freedom of information is noted in the early resolutions of
UNGA in 1946, which states: freedom of information is fundamental human right and the
backbone of other all the freedoms which the united nation is consecrated. According to the
resolution access to information helps to citizens to see what is going on with the government
and challenging policies, laws and activities that affect their environment. 6

The international covenant on civil and political right here in after (ICCPR) in its art 19, also
provides binding rules to the right. This provision guarantees the right of every one to freedom of
expression which includes freedom to “seek, receive and impart information and idea of all kind,
irrespective of frontiers, either in written or in print, in the form of art or through any other media
of his/her choices.”

In the Rio conference, in 1992, 178 governments committed to an idea by endorsing the
declaration on environment and development, they agreed that the environmental issues are best
addressed with the involvement of all concerned citizens to ensure meaningful citizen
involvement. Principle 10 of the declaration provides three fundamental access rights: access to
environmental information, participation in decision making process and judicial and
administrative proceedings; regarded as pillars of good environmental governance and the main
procedural requirement (citizens) to achieve better environmental justices. 7

Following different international treaties mainly the Rio declaration different regional and
national treaties and laws are ratified. Among these more importantly, the inter American
declaration of the right and duties of man art(10) 8 , the American convention on human right art
(13) , the African charter on the right and duties of people art(9 9 , Environmental informational
treaties like 1992 Helsinki convention on the protection and use of trans boundary watercourse
6
Benimadhab Chatterjee , Environmental laws, Implementation problems and perspectives, DEEP and DEEP
publications pvt ltd, Rajouri Garden NewDelhi,2007 p ,5
7
Desta, Asayehgn, Sarlo ,The Environmental Responsibility of Multinational Enterprises , Dominican University of
California,available at www.aigaforum,cm/articles/midroc,ethiopia( accessed at 7/11/2017)
8
The inter America Declaration on the right and duties of man,adopted by the 19 th international conference of
American states in Bogota, Colombia, in April 1948,available at www.cidh,org,basicos/english/Basic2,american
decleration,html
9
The African Charter on the right and duties of people,adopted in Nairobi June 27/1981 available at
www.humanright,se/wp-2012/africancharter on human and peoples right visited on 9/11/2017.
and international lakes art (16)10, the 1992Espoo convention on Environment impact assessment
in trans boundary context art3(8) and the Paris convention on the north east Atlantic art (9) are
some important regional environmental agreements.

When we come to the Ethiopian scenario, international treaties ratified by Ethiopia, that
recognize Environmental right are made up of Environmental treaties and human right treaties at
international and national level.11 According to this stipulation it is worth nothing that Art 9(4) of
FDRE constitution provides that all international agreements ratified by Ethiopia are integral
parts of the law of the land. Additionally, Art 13(2), of the same constitution recognized that the
human right protected by the constitution shall be interpreted in a manner conforming to the
principles under the international treaties ratified by Ethiopia 12. To implement this constitutional
provision which provide under Art 29(2) of the constitution, which states that everyone has the
right to freedom of expression without any, interference. This right shall include freedom to
seek, receive, and impart information ideas of all kinds, regardless of frontiers, either orally in
writing or in print, in the form art, or through any media of his choice. laws like Mass media and
access to information proclamation 590/2008/13 , Broadcasting proclamation
533/2007/14 ,Advertisement proclamation 759/2012/ 15
, impact assessment
proc,299/2002/16 ,pollution control proclamation, 300/2002/ 17 , and Environmental policy of
Ethiopia are enacted concerning the right to information. Based on the FDRE constitution art
10
Helsinki, Convention on the protection and use of Tran’s boundary Water course and international laks,available
at www.helcom.fil convention%20 commitments/Helsinki-%20convention/html visited on 9/11/2017
11
“Proclamation of the Constitution of Federal Democratic Republic of Ethiopia, proc no.1/1995”Federal Negarit
Gazzeta, Addis Ababa: Berhanena Selam printing press,August 21,1995.
12
Ibid
13
“Freedom Mass Media and Access to Information Proclamation,2008, Federal Negarit Gazzeta,Proc. No
590/2008” Federal NgaritGazzeta. Addis Ababa: Berhanena Selam printing press December4,2008.
14
“Broad Casting Service proclamation No.533/2007.”Federal Negarit Gazzeta. Addis Ababa :Berhanena Selam
printing press,July23,2007.
15
FDRE.” Advertisement proclamation No. 759/2012.”Federal Negarit Gazzeta. AddisAbaba: BerhannnaSelam
printing press, August 27,2012.
16
Impact Assessment proclamation 2002,FederalNegarit Gazzeta,proc.No.299,9 th year,No11,[ here in after] proc No
299/ 2002]
17
Pollution control proclamation No.300/2002.FederalNegarit Gazzeta, proc No300,9th year, No 12[ here in
after].proc No 300/2002.]
52(c) and (d) all regional states have the right to enact their own Environmental laws and policies
18
to administer their Environment properly. For this legal reason the oromia regional state (ORS)
provides different legislations that to protect the environment.

These may become practical when the right to access Environmental information is
disseminating accurately, adequately and timely with cheap cost to the public. Because access to
Environmental information is a powerful tool in the field of Environmental law. in addition to
this timely publication and access to information is crucial in the aria about proposed new
activities that will be taken by the government that can expose potential Environmental harm and
can be an essential step in preventing these harms.19

In practice, the right to access Environmental information is easily challenged because

government takes action every time that affect this right. Example includes monopolization of
media. Enacting very extensive and vague proclamations and the problem of implementation of
the existing rights expressed by the enacted laws. Due to these gaps and challenges the area
needs special focus and resolution mechanisms to create public awareness, to develop the
concept public interest and public participation litigation.20

Thus, for the proper protection and fulfillment of the right to access Environmental information
it is crucial to implement legislated Environmental laws that guarantee Environmental
information in the region and the country.

1.2 statement of the problem

Access to information in general and Environmental matter in particular is essential for other
human rights and freedoms, because effective public participation in decision-making and to
monitoring governmental and private sector activities. It also can assist enterprises in planning
for and utilizing the best available techniques and technology. The FDRE constitution has

18
Supra not 12, Art.52.
19
Id Art,29(2)(3)
20
Eyerus Alem Teshome, Solomon Mengesha and Kebede Desissa, Ensuring fundamental rights: The right to food.
Freedom of expression, access to information and reproductive health, Debebe HailGeberiel, Addis Ababa,2015,
(118).
provided due consideration to access to environmental information by incorporating it both in the
substantive part dealing with the fundamental right and freedom. They have also obtained
protection through their inclusion in the ratified human right instruments. However, this does not
providing guarantee from violation of this right due to the abuses of government official by
disregarding the law when they Cary their responsibility.

The main problem of the study is that, even though there are Environmental laws at federal and
regional level, practically they are not implemented properly because of this the right of access to
Environmental information is not maintained as it is expected due to lack of awareness of the
community at large their right of information and the concerned organizations in the charge of
Environmental issue is at its infancy stage.

1.3 Objective of the Research

1.3.1 General objective

The general objective of this research is to assess the law and policy of access to Environmental
information in Ethiopia.

1.3.2. Specific objective

To clarify the right to access of Environmental information;

To investigate the practical implementation of access to environmental information;
To analyze the legal and policy gaps and to recommend some measures that should be
taken by the government to ensure the better development of access to environmental
information.

1. 4 Research question

The questions which are important for the success of the study are addressed. These are:

1. What is right of access to Environmental information?

2. Does the right to access environmental information properly implemented?
3. What are the legal and policy gaps of access to environmental information and their possible
resolution mechanisms?
1.5 Significance of the Research
The study will have both legal and social importance, its legal significance relates to its
advantage for policy makers to analyzing and shaping legislations and policies of the country in
general and the regional state in particular. It also has social significance that relates to its
contribution in the promotion and realization of the right to access environmental information
and the resulting benefit that the right holder in accessing the right of information adequately and
timely.

It will provoke more research on the subject matter and will be used as research material
for future researchers and as a secondary sources for students.
It will create awareness among the holder of the right about the enforcement of their
access to environmental information.
It will inspire the responsible organ to give due consideration for the protection and
enforcement of this right.

1.6 Scope of the study

1.6.1 Delimitation
The research will mainly concentrate on the assessment of the law and policy implementation of
access to environmental information in Ethiopia with special focus at Adama town. From this
point of view, at national level laws and policies will be input and specially, regional legislations
of oromia regional state (ONRS) and the practical implementations of the right to access
environmental information at Adama town is focus areas of the study.

1.6.2 Limitation of the study

I will anticipate that financial problems and time shortage are the main constraints to the study.
Absences of fully fledged and relevant material on the subject matter may be another problem
for me. Thus to harness the problem I will to do the research diligently in time and cost effective
way.

1.7. Research Methodology

1.7.1. Research Strategy

The study methodology that will be used in this research is that, non-documentary qualitative
research methodology. In order to achieve its objectives, the research places emphasis on an
analysis of the relevant available literature on the subject and relies on practical sources of
research. In relation to literature, it specifically relies on examining international human right
instruments, books, journals, academic articles, domestic laws and policies that have some
relevancy to the study.

As far as the practical source is concern, this research will use interview to examine the
attitudes of officials in relation to the right to environmental information. The approaches that
will be following in conducting the interview with the government officials will be semi
structured and non directional(without any interference from outside observer) in order to allow
myself to further investigation by introducing additional questions at the start of the interview
and to explore subjective meanings respondents attach to the issue.

1.7.2. Types and Sources of data

Primary and secondary sources of data will be used in this study. From primary sources
interviews, laws and policies will be utilize. On the other hand, as secondary sources books,
journals, articles and different written materials on the issue will be utilize.

1.7.3. Data analysis system

As far as data collection is concerned it is compulsory to analyze the research and also to
guarantee its reliability and suitability the study of data collection will include qualitative,
descriptive and legal analysis.

1.8 Organizations of the paper

The study to be conduct will organize in to four chapters. The first chapter deals with the
introductory parts i.e. the proposal of the study. The second chapter will discusses the conceptual
and theoretical frame works of environmental right, access to environmental information and
will analyze the general over view of the law and policy frame works of access to environmental
information in Ethiopia in general and Adama town in particular. The third chapter will
exclusively state about the gap between the law and the practices in relation to the right to access
environmental information at Adama town. The last chapter will include conclusions draw from
the legal and practical analysis made in different chapters of the paper and possible implications
will forward based on the research findings.

CAPTER TWO: CONCEPTUAL AND THEOREITICAL Framework

This part is devoted to discussion on working definition of some concepts relevant and required
to common understanding in the concept like, environment, environmental right, environmental
protection, and right to access of environmental information, environmental movement and the
theoretical explanation of the right to access of environmental information on the one hand and
the general overview of the law and policy framework on the other hand.

2.1 Conceptual Framework

It is cumbersome to have comprehensive and workable legal definition of the term environment
in the field of law. Of course, defining an Environment is not an easy task. Most treaties,
declarations, codes of conduct, guidelines, etc. don’t attempt to define it directly. No doubt this is
because it is difficult both to identify and to restrict the scope of such an ambiguous term, which
could be used to encompass anything.

Many conventions (like The 1992 Rio Declaration on Environment and Development) avoid the
problem, however, no doubt because, as Caldwell remarks ‘it is a term that everyone understands
and no one is able to define’.21
Therefore, working definition of the following concept is provided in context of this study and
the researcher hoped would have common understanding accordingly.

2.1.1. Environment
Some other treaties and other instruments define the environment in different ways considering
the subject matter they want to address. For example, the Declaration of the 1972 Stockholm
Conference on the Human Environment (UNCHE) merely referred obliquely to man’s
environment adding that ‘both aspects of man’s environment, the natural and man-made, are
essential for his well-being and enjoyment of basic human rights.
The world commission on environment and development (WCED) relied on an even more
succinct approach; it remarks that ‘the environment is where we live’.

The 1992 Rio Declaration on Environment and Development refers at many points to
environmental needs, environmental protection, and environmental degradation and so on, but
nowhere identifies what these include. Interestingly it eschews the term entirely in principle 1,
declaring instead that human beings ‘are entitled to a healthy and productive life in harmony
with nature.’

The Council of Europe Convention on Civil Liability for Damage Resulting from Activities
Dangerous to the Environment defines the environment as including22;
Natural resources both abiotic and biotic, such as air, water, soil, fauna and flora and
the interaction between the same factors; property which forms part of the cultural
heritage; and the characteristic aspects of the landscape

21
Caldwell, International environmental Policy and Law (1st edn. Durham, NC, 1980), 170.
22
The Council of Europe Convention on Civil Liability for Damage Resulting from Activities Dangerous to the
Environment which was done at Lugano, 21 June 1998, Art.2.10
When we come back to our legal system, the Environmental Protection Organs Establishment
Proclamation defines the environment as23:
The totality of all materials whether in their natural state or modified or changed by human, their
external spaces and interactions which affected their quality or quantity and the welfare of
human or other living beings, including but not restricted to, land, atmosphere, weather and
climate, water, living things, sound, odor, taste, social factors, and aesthetics. In addition to this
various definitions of concept it would be fair to consider Davis, definitions that combines
ecological and sociological aspects of environment.

Ecologically, environment is considered as the air, water, minerals, organisms and all other
external factors surrounding and affecting a given organism at any time. Sociologically,
environment is perceived as the social and cultural forces that shape the life of a person or a
community. Combination of the two aspects helps comprehend environment as all living and non
living things, Conditions that affect and the affected by the social interaction of human beings in
the latter effort to live and work.24

According to the above definitions environment would includes the entire surroundings of the
space both living and non living things exist together and social, cultural interaction and function
is a phenomena with in defined group of people.

2.1.2. Environmental Rights

It is a fundamental human right to have, clear, sound or favorable environment free from
pollution, degradation, and any other harmful substance or activities that affect the environment
and the society.25

This right consists of substantive and procedural rights recognized under international and
national laws. The African charter on human and people right is the only charter that recognizes

23
Environmental Protection Organs Establishment Proclamation, Proclamation No. 295/2002, Neg. Gaz., 9 th
Year, No. 7, 2(3).
24
Davis .T (200), Sustaining, the forest, the people and the sprit, NEW YORK; State University of NEW YORK.
25
Dinah Shelton: professor of law,later Dame London Law center,London. 2002. Can access http:// www.who.
Int/hhr/series—1/20/20Shelton paper.
substantive environmental right at the first time. However, many national laws adopted this right
like ACHPR.

This right is the prerequisite for the existence and enforcement of other rights and freedoms.

The UN Draft Declaration on human right and environment stipulated a clear list of substantive
environmental rights i.e clean and healthy environment the right to freedom from pollution and
procedural rights like, the right to access of environmental information and the right to effective
remedies and administrative or judicial proceedings for environmental harm; and the right to
association for the protection of the environment. Environmental law is as distinct field is a
current phenomenon, its development hampered by differences among countries along their
ideological perspectives.26 Thus despite their existence within the law, custom and principles
that draw up national and international environmental laws, environmental rights extremely
developed as a human right law.27

Three approaches have developed onward three years on the grouping and meanings of
environmental right within human right law. The first approach known as anthropocentric
provide that environmental right as a part of civil and political rights, thereby focusing on the
protection of individual human being against the harmful impact on the environment. 28 This
approach considered environmental rights mainly as procedural rights that provides access to
information, provide public participation in decision making process and the right to effective
remedies when environmental harm exists. However this approach is criticized by its focus on
the protection of human from environment.

The second approach called ecocentric approach recognized that environment as parts of
economic and socio -cultural right.29 This approach suggests that environmental right includes
substantive rights such as the right to clean and health environment and the protection of
biodiversity. It focuses on the balanced protection of human and environment itself. However as
economic and social rights, environmental right encounters enforcement problem.
26
http://www. leat,orth/publications/Access.to information.
27
Ibid
28
See Patricia Bernie, Alan Boyle and Catherine Redgwell, International law and the environment, Oxford
University Press, 2009/pp .271-273.
29
Ibid,272
The third approach assumes environmental right as solidarity (group), right to healthy
environment and sovereignty over natural resources that can only be invoked collectively. 30

2.1.3. The Right to Access of Environmental Information

The definition of environmental information is very broad and includes information in written,
visual, audio -taped, or database form on the state of element of the environment, such as water,
air, soil, land, flora, fauna, including wild life, biological diversity and its interaction between
them. Access to environmental information is a prerequisite to effective public participation in
decision-making and to monitoring governmental and private sector activities. It also can assist
enterprises in planning for and utilizing the best available techniques and technology. The nature
of environmental deterioration, which often arises only long after a project is completed and can
be difficult, if not impossible, to reverse, compels that early and complete data be available to
make informed choices. According to this definition the right to access of environmental
information is all about information on the administrative measures, policies, programs, plans,
projects and all activities related to the environment.31

2.1.4. Environmental protection

It refers to all applicable laws, policies and practices adopted to maintain and protecting the
quality of the environment through proactive and reactive measures like preventing the emission
of pollutants or reducing the existence of polluting substance in an environment. 32 This effort
could be realized through cooperation among the international community’s on the globe.
Because environmental issue is the matter of the globe rather than individuals in a given territory
each and every one of us must do something important to the protection and prevention of the
environment from pollution global actions for the safeguarding of environment are the ones that
helps to our environment the most.33

30
Ibid 272
31
Carter, center, Atlanta Declaration and Plan of Action for the Advancement of the right to access to information,
29 February 2008, Declaration Released by the Participant in the global conference on the right to Access to Public
information. The Declaration emphasizes that Access to information is fundamental human right.
32
Berge, Erling (2003) , Environmental protection in the theory of Commons. Norway: Department of Sociology
and Political Science, in Norwegian University of Science and Technology.
33
Ibid
 2.1.5. Environmental Movement
It is a crucial and eventually developed activity of citizens towards the wise use of natural
resources focusing on production concerns for managing natural resources for future
development. The origin environmental movement lay in response to increasing level of smoke
pollution in atmosphere during the industrial revolution. 34 The gradual appearance of large
factories and industries as well as concomitant immense growth in coal consumption gave raise
unexpected level of air pollution. In industries areas, the first large-scale modern environmental
law cam in the form of Britain, Alkali act, passed in 1863, to regulate the delirious air pollution. 35

2.1.6. Environmental litigation

Public interest litigation (PIL) is recent development in environmental litigation proceedings. It
can be defined as, the interest in which concerns the public at large. It means that where a class
of community has a material interest or 0ther interests by which their legal rights or liabilities are
affected.36

2.2. Theoretical Framework

Despite the existence of some differences in the information laws of nations there are certain
elements that should guide laws of access of information. Article 19 of the human right
organization with particular mandate and attention on the defense and promotion of freedom of
expression and freedom of information entirely, has drafted the following principles that should
be underpin any legislation on freedom of information, Nonetheless, the first five essential
principles of information legislation will be highlighted in this article.37

2.2.1. Limited Conditions of Restriction

Restrictions must be clearly and narrowly enacted and subjected to “strict harm” and public
interest test. All individuals requires information, from the government should be met unless the
34
The international center for Note- Profit- law and world Movement for Democracy Secretariat at the National
Endowment for Democracy, Defending Civil Society: A report of the world Movement for Democracy(February
2008), available at http://www.inc.org/Knowledge/ news/2008/ 3-21 htm.
35
http://www. herinst.org/Seder/envpotices/pactica2/html
36
Tara Ward, The Right to Free, Prior, and Informed Consent: Indigenous Peoples Participation Right With in
InternationalLaw,10Nw.J.Int,LHUM.Rts.54(2011).available at
http://www.scholarycommons.law.edu/njihr/vol10/iss2/2.
37
http://www.citizen information. Ie/en/ environmental- law/access -to environmental information.htm.
government justified that the information falls within the scope of limited regimes of
exceptions.38 Under article 19 of UDHR and ICCPR provide that this right may only be
subjected to legally justified limitations necessary for the protection of rights and regulations of
others, national security or public reasons or public moral and health. Besides, imposing legally
binding obligations on the state ,Article 19 of ICCPR expressly require parties to “respect and
ensure respect ”of the right to access of information . Hence, the article requires the government
to refrain from interference and to take positive actions to ensure the realization of the right. 39

2.2.2. Process to Facilitate Access

Request for information should be preceded rapidly and impartially as well as independent
review of any refusal should be available. This principle asserts that process for deciding upon
request for information should be specified at three levels; within the public body, appeal to an
administrative organ; and appeal to the regular court.40

2.2.3. Broad Access to Information

Freedom of information legislations should be guided by the concept of maximum disclosure.
The principle of broad access of information establishes presumption that all information held by
public officials should be subject to dissemination and this presumption may be restricted only in
a very limited scope and justifications. Public officials are under duty to disclose information and
every member of the public has corresponding right to receive information, and when public
officials deny access of information they shall be governed by the law and the justifications
behind it.41

2.2.4. Transparency and Accountability

Public authorities should actively promote open government. When the government provides
public information on its own deeds the citizens can trust on him and can have free choice of
their wants and can criticize and control, policies, laws, projects and plans that affect of their
38
Article 19” the public right to know: principle on freedom of information Legislation” June 1999, available at
http://www.article 19, org/work/regions/Latin-American/FOI/English/elements/ index,html.accessed date december
2017.
39
Ibid article 19.
40
Ibid article 19.
41
Article 19 Access to information: An instrumental Right for empowerment, available at: http://www.article
19.org/data/files/pdfs/ publication/accessed date december 2017.(2:45 at local time).
wellbeing and can believe on the side of the government that the government is transparent and
accountable to its citizens.42

2.2.5. Obligation to promote and publish Environmental Information

The government is under obligation to promote and access to the public environmental
information’s. Especially to provide information on environmental laws, policies and projects
publication of laws and rules on federal negarit gazette is mandatory. This is because to have
binding nature and to access to the public at large. International law also recognize for the right
to access of public information as relates specifically to realization of social, economic and
cultural rights stated under international covenant on economic and socio-cultural
rights(ICCPR), article 16 of the convention provides that the right to access of periodical
governmental information on progress-related to economic, social and cultural rights in order to
run up public examinations of policies and stimulate participation among different parts of
society. Generally promotion and publications are corner stone’s of public participation and
developments of environmental democracy.43

2.3 The Need for Environmental information

Environmental information is the corner stone of environmental protection as well as the
prerequisite for the implementation of other fundamental human rights related to environmental
issue. It helps citizens criticizes the government activities which bring significant harm on the
environment and wellbeing of the community. The public that well informed has a lot to offer
the decision making process by contributing a wide range of opinion and views. This can both
helps to identify more immediate and evident consequences of policies as well as potentially
unforeseen effects, particularly those whose impact may not have become apparent in the short
term and might easily have gone without being detected until too late.44

42
Ibid article 19.
43
The Aarhus Convention on Access to information, Public Participation in Decision making and Access to Justices
in Environmental Matter; it was adopted in Aarhus, Denmark on25,1998.
44
http://www.gov.scot/publication/2004/04/19224135713.accessed on december, 2017.
 2.4 GENERAL OVERVERVIEWS OF THE LAW AND POLICY FRAMEWORKS

2.4.1 The Right to Access of Environmental Information under International Treaties and
Declarations
Freedom of information is internationally recognized as one of the fundamental human right
under the universal Declaration of human rights (UDHR) and the international convention on
civil and political right, (ICCPR) in the same article provides binding nature of the right.
International law also recognizes for the right for access of public information as it relates
particularly to the realization of social, economic and cultural rights (ICESCR).

2.4.2 The Cartagena protocol on Bio-safety to the Convention on Biological Diversity.45

The aim of this protocol is to provide or to enhancing an appropriate level protection in the field
safe transfer, handling and use of living modified organisms obtained from modern bio
technology that may affect the management and sustainable use of biological diversity,
considering the risks on human health and particularly focusing on Tran’s boundary movements.
To this end the state parties bear the following responsibilities;46

 To promote and facilitate public awareness, education and participation recognized to

safe transfer handling and use of living modified organisms in relation to the
conservation and continues use of biological diversity.
 The obligation to check that public awareness and education encompasses access to
information on living modified organism’s confidential information according to article
21.
 And consult the public in the decision making process and available to the public while,
respecting confidential information according to article 21.

2.4.3 The Rotterdam convention on the prior informed Consent procedure for Creation
Hazardous Chemicals and Pesticides in International Trade (Rotterdam CONVENTION)47

45
Cartagena protocol on Bio-safety to the Convention on Biological Diversity, adopted 29 January2000, enter into
force on11 September, 2003, Ethiopia has ratified the protocol on 22 september2003.See proclamation no 362/2003.

46
Ibid article 21,
47
Rotterdam Convention on the prior informed Consent procedure for certain Hazardous Chemicals and Pesticides
in International Trade, adopted 10 september1998, entered into force 24 February 2004.Ethiopia ratified the
convention on 2 July 2002, through proclamation no 278/2002.
The main agenda of the convention is to exert mutual responsibility and cooperative effort
among parties in order to protect and safe guard human health and environmental harm as well as
to show their environmentally friendly use. The parties agreed to realize the protocol through
accessing environmental information as an instrument.48

2.4.4 The Stockholm Convention on Persistent Organic Pollutants49

This convention aims to protecting human health and the environment from persistent organic
pollutants. The convention asserted that every state parties shall within its capacities, promote
and facilitate provisions to the public of all important information’s on persistent organic
pollutant and to check that the public has access of environmental information iter-alia with the
information is kept up-to-date.50

2.4.5 The Frame work on Climate Change51

The goal of this convention is stabilization of green house gas concentrations in the atmosphere
at a level that would prevent dangerous anthropogenic interferences with the climate system.

The state parties agreed that safeguard and keep the climate system for the value of the current
and future generation on the basis’s of equity and the principle common but differentiated
responsibility, the contracting parties have the burden to access of information to the public on
the climate change and facilitate wider public participation in controlling climate change and its
effect.52

2.4.6The International Convention to Combat Desertification in those Countries

Experiencing Serious Drought or Desertification especially in Africa53
The purpose of the convention is to control desertification and reduce the effect of drought in
developing countries which are the most vulnerable by the effect of drought and famine due to
48
Ibid.
49
The Stockholm Convention on Persistent Organic Pollutant. Adopted on 22 may, 2001 enter into force 17 may
2004.Ethiopia has ratified on July 2002.See proclamation no 279/2002.
50
Ibid article 1.
51
United Nation framework on Climate Change, adopted on May 9, 1992 entered into force on March1994. Ethiopia
ratified on31May 1994.
52
Ibid
53
International Convention to Combat Desertification in those Countries experiencing Serious Drought and/or
Desertification/Particularly in Africa, adopted in Paris on 17June1994 and enter into force on26December1996.
mindless use of natural resources.54 According to the convention this crisis will be solved
through parties’ best effort of educating and providing information as well as ensuring respect
and refrain from violation of those fundamental rights and freedoms. Therefore, state parties are
under obligation to provide public access of information and by promoting capacity building.55

2.5 REGIONAL TREATIES AND INSTRUMNETS

2.5.1 The African charter on human and people’s right56

This is the only and the first charter that recognize the substantive environmental rights. This
charter gives due emphasis on the protection of environmental rights with equivalent to human
right.

2.5.2 The African charter on the conservation and protection of natural resources57
This charter provides the protection and conservation of nature for the purpose of ecological
balance and for the general wellbeing of the society.

2.6 THE RIGHT TO ACCESS OF ENVIRONMENTAL INFORMATION UNDER THE

LAW AND POLICY FRAMEWORK OF ETHIOPIA
At present, various legal and policy frameworks have been put in place in Ethiopia for the
enforcement of basic rights and freedoms in general and the rights of communities to access of
environmental information irrespective of their age, sexual, religious or any other grounds in
particular. The current policy and legal framework for the actualization of citizen’s access to
accurate information should be recognized in the greater manners of fundamental rights and
freedoms granted for every individual. This part, some legal and policy frameworks fit to
citizen’s right of access of adequate environmental information will be briefly assessed.

54
Ibid article2(1)
55
Ibid article2(2)
56
African Charter on Human and Peoples Right adopted June ,27,1981 entered into force oct,21,1986.Ethiopia
ratified it on15June1998.
57
African Charter on Conversation of Nature and Natural Resources adopted on15July2003 Ethiopia signed it on
June 2004.
2.6.1 LEGISLATIVE FRAMEWORK

2.6.2 The FDRE Constitution

Article 29 of the FDRE constitution recognized that everyone has the “freedom to seek, receive,
and impart information and idea of all kind irrespective of frontiers, in any manner through any
media of his choices.” Moreover, art 29(3) (b) states that everyone has the right to access of
information of public value.58 Art 29(6) provides conditions in which access of information
might be restricted by justifiable grounds and reasons. As a result of the FDRE constitution with
regarded to the required principles of interpretation of human rights chapter (FDRE1995, 13/2)
and the place given to international human treaties ratified by Ethiopia (FDRE1995, 9/4)
pertinent articles in the constitution concerning access to information shall be subjected to
principles of legality and necessity as provided under ICCPR, UDHR and ICESCR. According to
the provision of the constitution the right to access of information in general and environmental
information in particular is under the subject of limitations and restrictions because of public
interest reasons and reputation and dignity of individuals.

The FDRE Constitution recognize the right to clean and healthy environment under article 44/1/
which is parts of chapter three dealing with fundamental freedoms and rights similarly article
43/1/ of the same document guarantees’ the Ethiopian people the right to sustainable
development and envisages development through rational and prudent use of environmental
resources. Article 43/4/ further requires that international agreements and treaties conclude or
established by the country should be uphold the right to sustainable development. Article,
43/3/.59

The environmental objectives of the Constitution under article 92 prescribes, iter alia, that the
design and the implementation program and project should not damage or destroy the
environment, that the people have the right to full consultation and to express their views in the
planning and implementation of environmental policies and projects that affect them directly. 60

Under article 89 of the Constitution and other economic development policies of the country a
very high priority has been accorded to agricultural-lead industrialization development for
58
Supra not, 12, article, 29(2).
59
Id 12, article 43/1/, 44/1/.
60
Id 12, article,92
speedy economic growth.61 The governments focus on agricultural and industrial development
has potentially large impact for the environment along with a lot of ecological problems.
Environmental pollution caused by hazardous activities cause’s potential challenges to life and
the harmony between person and nature. It is true that economic development should not be at
the cost of environment, but at the same time, environmental protection measures should not
deprive the country of an opportunity for economic development 62. However this can only
realized when the citizens get the chance to know the activities and measures of the government
as well as the right of accessing environmental information on the overall environmental matters
planned and required to be obtainable.

2.6.3 THE RIGHT TO ACCESS OF ENVIRONMENTAL INFORMATION UNDER

OTHER LAWS
To strengthen and implement the constitutional rights as well as to address the existing
information gaps access of environmental information is addressed in a numbers of subsidiary
laws including freedom of mass media and access of information proclamation, broadcasting
proclamation, advertising proclamation, impact assessment proclamation and pollution control
proclamation. Civil society organization proclamation is another measure designed to
disseminate environmental information.

Those laws and measures are discussed in the following sections.

Freedom of mass media and access of information proclamation, proc no / 590/2008/

As we can inferred a message from the preamble and part three of the proclamation, the
objective is to establish mechanisms and procedures to give effect to[access information] in a
manner which enable citizens to get information as quickly, least costly, and with no much
effort. The proclamation further asserts that” all persons have the right to seek, receive and
impart any information held by public officials. Accordingly, environmental information like any
other form of information is entitled to citizens to acquire and access from the public body. 63
61
Id 12,article,89
62
Dharmendera S. Sengar, Professor of legal management and chairman, legal management group, Environmental
Law PHI learning private limited,NewDelhi,2007,p.5
63
“Freedom of Mass Media and Access to Information Proclamation No 590/2008.”Federal Negarit Gazzetta.
Addis Ababa: Berhanna Selam Printing Press, December4,2008.
Accordingly, the right to access of information has got the broadest section of the proclamation.

2.6.4 Broad casting Proclamation /533/2007/

The broad casting proclamation is another instrument that provides access to public information.
Based on its preamble, the aim of the proclamation is supporting and enhancing constitutional
rights such as freedom of expression and access to information of citizens and to ensure
economic and social development of the nation through reliable environmental information. 64

2.6.5 Advertisement Proclamation /759/2012/

Mass media like television, radio, newspapers, documentary films, hoarding etc have great
influence on the people. This proclamation encompasses wide range of stipulations pertaining to
citizen’s right to access of information.65

2.6.6 The Impact Assessment Proclamation, /Proc NO, 299/2002/

The important of legislating EIA is almost universally accepted in the course that most
developed and developing countries have adopted EIA. A year later, after the ratification the
convention on biodiversity in 1994 Ethiopia enacts EIA proclamation. Since the FDRE
constitution guarantees the people clean and health environment with the right to information
and participation on policies, activities that affect their environment. The EIA proclamations
come up with different obligations and responsibilities towards the proponents of large projects
and government bodies to consume impact assessment. The proponents of the projects have the
obligation of reporting the findings of the environment and have the duty to facilitate the
participation of the community and cover the costs incurred during the public participation.
Therefore, communities can influence the project and the decisions of the agency according to
the report presented to the communities.66 Therefore, EIA is the basic tool of dissemination of
environmental information to the public at large. The EIA have its own goals and objectives; to
promote and facilitate development which is long standing and maximize use and management
principle of resources.
64
Broadcasting Services Proclamation No 533/2007.”Federal Negarit Gazzetta. Addis Ababa: Berhanna Selam
Printing Press, July23,2007.
65
FDRE.”Advertisement ProclamationNo.759/2012.” Federal Negarir Gazzetta. AddisAbaba: Berhanna
SelamPrinting Perss,August 27/2012.
66
Impact Assessment Proclamation No.299/2002” Federal Negarit Gazzetta.Addis Ababa: Berhanna Selam. Printing
Press9th year No 11.
  Increases the productivity and capacity of natural resources
 Adopt, enforce and undertake program that facilitate management system for the
environment
 Deter or reduce or eliminate the latent impacts of wastes and other pollutants

Generally the EIA process must have

 Screening: the responsible organ should conduct and display a significant environmental
consequence through appropriate assessment.
 Timing: proponents of the project must disclose assessment result that is significant for
use in the preparation of the strategic decision.
 Documentation: result should be identifiable, clear, and accessible to all parties
influenced by the decision. Sufficient information should be available concerning the
effect of the project on environment as well as on the community.
 Review: the effectiveness of the process and the information should be guaranteed by
efficient review process.
 Participation: qualified and enough information for all public should be accessible priory
efficient in decision making process.

In addition to the above critical points of EIA systematic, analytical and practical EIA
Process adopts the following gist points.

 The general public who is the owner of the decision should be informed to
accomplish appropriate environmental protection and community wellbeing. This
shows the purposive nature of the EIA process.
 The impact assessment process should employ methodologies and techniques that
enable for the proper carrying out of its goal. This indicates the rigorous character
of EIA process.
 It should resulting acceptable and credible information that important to the
proponent faced with problem and needing solution,(practicality).
 It should be relevant and efficient to be utilized for the proper use and wise
management of the environment. Generally speaking, EIA is the fundamental
 instrument to provide access of environmental information in project
consumption, policy planning and environmental related activities.

2.6.7 Pollution Control Proclamation No, 300/2002.

As it can be inferred from the preamble of the proclamation the objective is the protection of the
environment in general and ensuring human health and well being as well as the maintain of the
biota and the aesthetic value of nature, in particular, the duty and responsibility of all. So
therefore, the objective of this proclamation will be accomplished when the constitutional rights
of access of environmental information of citizens enforced accordingly. It is possible to
presume that the obligation of any person involved in an activity relating to any of the provisions
this proclamation or other related laws shall provide any information on his activities to the
authorized organ; makes the information accessible through article 13(1) of the FDRE
constitution. This proclamation wants to protect the environment against pollution through
proactive and reactive measures by providing administrative, civil and criminal liabilities on the
pollutants to remedy and compensate the general public.67

2.6.8 Civil Society organization Proclamation /621/2009/

In the area of environmental protection CSO can help to monitor the environmental resource
depletion and pollution control. Furthermore, a study conducted in global environmental
concerns identified five major roles that CSO might play in global environmental governance
among those68

Collecting ,disseminating and analyzing environmental information

Providing input to agenda-setting and policy development process
Assessing environmental conditions and monitoring compliance with environmental
agreement and laws.
Advocating for environmental policies.

67
Pollution Control Proclamation No.300/2002”Federal Negarit Gazzetta. Addis Ababa: Berhanna Selam. Printing
Press 9th Year No 12( here in after called pollution proclamation No 300/2002).
68
The international Centre for Not- Profit- law and world Movement for Democracy Secretariat at the National
Endowment for Democracy Defending Civil Society: A report of the world Moemvment for Democracy
(Feburary2008) available at http://www.inc.org/ knowledge/news/2008/ 3-21 htm.
In countries that have poor institutional development, high illiteracy rate, weak economic
development and infant democracy; civil society organizations are the miracle drug to human
right protection and a means to under pressure maladministration. Therefore, the existence of
CSOS in one country has significance in tackling the government against corruption and human
right violation.

2.7 POLICY FRAMEWORKS

2.7.1 The Environmental policy of Ethiopia

The environmental policy (EPE) is the policy framework that guides the sustainable
development, wise use and management of natural resources and protecting the environment. 69
The EPE accepts the guarantee of the right of every individual to live in conducive and sound
environment. According to Article 90(1) of the FDRE constitution the Ethiopian government
has the obligation to endow with its citizen sustainable development through prudent use of
natural resources.70 In tandem with the constitution the EPE also recognizes the value of the
present generation without twinge the coming generation.71 When we utilize environment and
the continues survival of species and variants EPE adopts relevant procedural environmental
rights like the state of information on environmental matters and public participation as well as
passing of decision on matters that impact their life and the environment. 72 The overall policy
agenda is to improve and ensure the health and quality of life of all Ethiopians and to promote
sustainable social and economic development through wise management and use of natural
resources. Specifically, the policy wants to prevent the pollution of land, air and water in most
cost-effective way so that the cost-effective preventive intervention would not exceed the
benefit;73

 Ensure the empowerment and participation of the people and their organizations
at all level in environmental management of activities;
69
Environmental policy of Ethiopia/EPE/, adopted by the council of ministers,1997 ,Article 1-4

70
EPE,Article.2-3(a)
71
EPE ,Article, 2-3(q)
72
EPE Article 2-3(m)
73
Ibid.
  And raise public awareness and promote understanding of the essential linkage
between environment and development;
 Under the key guiding principles of the policy everyone has the right to live in
clean and conducive environment;
 Increasing the awareness and understanding of environmental and resources issue
shall be promoted;
 To adhere to the principle that the right to live in clean and healthy environment
carries with it the right to be informed about environmental issue to develop an
appropriate information system.

2.7.2 THE RIGHT TO ACCESS OF ENVIRONMENTAL INFORMATION UNDER

OROMIA REGIONAL STATE LAWS

2.7.2.1 The Legal Framework

As like as the FDRE constitution the oromia regional state Constitution recognizes the right to
freedom of opinion and expression in general and refers the right to receive, seek and
communicate information in particular. According to article 29/2/ of the constitution the people
who resides and live in oromia territory have the right to request and get any information
including environmental information save the exception for public security, private privacy and
commercial and intellectual right matters. This shows that the ONRS constitution guarantees
citizens right to information.74

2.8 THE LEGAL AND POLICY GAPS: TO ACCESS OF ENVIRONMENTAL

INFORMATION UNDER FDRE AND ONRS LAWS

2.8.1 Gaps under the Federal Constitution

Article 29(2) of the FDRE constitution provide that “everyone” has the freedom to seek, receive
and access information of all kind irrespective of frontiers; the fundamental importance of the
need of comprehensive legislation guarantying everyone the right to access information held by
public officials, the lack of legal guarantee for this right undermine all human rights as well as

74
Proclamation No 46/1994. The Revised constitution of The oromia Regional State Approval Proclamation ,oromia
Region . june 14th 1987.
meaningful participation of citizens in public affairs. 75 In doing so, Article 29(2) states that
everyone has the right to access information of public interest. However, the Constitution or
other subsidiary laws does not define what is public interest mean and this term is susceptible to
wide interpretation, which leads for potential abuse and denial of access of information. Hence,
this shows that fundamental right is considered as discretionary power of the public body. There
are no any criteria or measurement that indicates the existence or no existence of public interest,
due to absences of clear and workable definition as well as illustration of the term public
interest.76

It is recognized under the international law that access to any information should be fully
guaranteed subject only to clearly defined restrictions established by law. Any limitation on such
right can only be imposed in accordance with article, 19 (3) of ICCPR. However, contrary to this
convention art 29(6) of FDRE constitution provision is not clear what meant by public
expression of opinion intent to injure human dignity. This is exclusively vague expression and
due to these loopholes the government may impose restrictions without justifiable manner with
the mere fact of reason of expression of public opinion, to protect human dignity and reputation
of youth. Article 29(5) of the same document shows the government have the intention to
continue to monopolize control of media outlets even though decentralization of media ensures
transparency and accountability of government as well as bring freedom of press and media
utilization.

2.8.2 The Broadcasting Proclamation

Article 27 of the proclamation provides very wide range restrictions on the content of what may
be broadcast. The negative effect of this restriction is exacerbated by the fact that they apply to
every program broadcasts rather than with the overall programming of a particular broadcaster,
besides the proclamation files to set out for community broadcasting and the special needs of

75 Daniel
Bekel, with Fatou Jagan, the legal Framework for Freedom of expression, in Ethiopia. John Barker Africa
Programme Director and Jobymendel, law programmes Director. Swedish international Development agency/SIDA/
Access- http://www.article19.org/pdfs/ publication/ Ethiopia legal framework/ for-foe.pdf.

76
Ibid.
community broadcasters. It does not provide the three tire system of broadcasting which includes
public services, commercial and community broadcasting.77

2.8.3 Civil Society Organization

Civil Society Organizations have unequivocal value for human right protection and
environmental information dissemination.78 However the Ethiopian CSO law has established
government oversight agencies to control the CSOS involved in the area of good governance
human right and environmental protection with intrusive supervisory mandate and mechanisms,
ie burden some reporting requirement, interference on internal matters, suspension and forceful
dissolution with no legal justifications.79 The problem of getting foreign funds curb by the civil
society proclamation on access of resources , drawback on the manner and nature of their
activities; restriction on the nature of their income generating systems. Generally there is no
enabling environment for CSOS to organize and conduct environmental activities. The
proclamation No, 621/2009, is very harsh and restrictive to develop and increases those
organizations.80

2.9 Gaps under the ONRS Constitution

The oromia Regional State constitution is similar with the FDRE Constitution that there exists
vagueness’ on article 29 of the constitution. Like that of the Federal Constitution it takes away
the rights of individuals through discretionary power of the public bodies. Even if the right to
access environmental information is internationally recognized fundamental human right the
public bodies may violate this right without justifications by using the loopholes of the
constitution.81

77
“ Broad casting Service Proclamation No 533/2007.” Federal Negarit Gazetta. Addis Ababa: Berhanna Selam
Printing Press,July23,2007.
78
FDRE(Federal Democratic Republic of Ethiopia) Proclamation No621/2009,” proclamation to provide for the
registration and regulation of Charities and Societies, Federal Negarit Gazzeta,15 th year No 25,Addis
Ababa :Berhanna Selam Printing Press.
79
Ibid
80
Ibid
81
Proclamation No 46/1994. The Revised constitution of The oromia Regional State Approval Proclamation, oromia
Region June 14th 1987.
 CHAPTER THREE: DATA ANYLSIS AND RESEARCH FINDINGS
This section presents the analysis and the finding of the study. Thus, the main goal of this part is
to examine access to environmental information in Adama town Vis-à-vis the actual practices in
the City. The data obtained through interview will be presented and analyzed in light of the
research objective. So in this part it is important to answer the question presented below.

3.1. Whose right and whose obligation is it?

As we have seen above, the FDRE constitution unequivocally stipulates that “nationals” have the
right to access environmental information in the nation’s development and in particular, to be
consulted with respect to policies and projects that affect their environment and their wellbeing. 82
The other question is about the obligation to ensure public participation the FDRE constitution
cumulatively with the ONRS constitution puts in un equivocally terms that it is the duty of the
EPA and presently the ministry of environment, forest and climate change to ensure public
access to environmental information as manifestation of its duty to coordinate measures to
ensure that the environmental objectives provided under the constitution and the basic principles
set out in the environmental policy of Ethiopia are realized. The ministry of environment, forest
and climate change, the regional environmental agency, the zone administration wereda land
administration and use bureau and Keble administration may be the responsible bodies to
environmental matter.83

All information laws of the country as well as the region stipulate that the right to information is
the corner stone to the citizens of the country to participate in the environmental issue on the one
side and the environmental authorities of the central and environmental agencies of the ONRS
region as well as environmental bureaus of the zone and wereda administrations have legal
obligation to provide access of environmental information on the other side. However, accessing
environmental information practices is difficult to say fully implemented practically in Adama
City. Henceforward, we can understand that there is gap between the law and the practices.
Besides as I assured that in my personal observation, what is said in information laws and the
practical situation of access of environmental information at Adama City is not as much as

82
Supra not, 12
83
Ibid
expected. As I discussed in the previous chapter, even though the government tries to address the
informational right there is still a problem to implement in practical situation as expected.

3.2. The right to environmental information: the law and the practice
Information laws and the practical implementation of accessing environmental information
practices undertaken at Adama City are better when compared with other side of the country.

This is because the interview conducted with environmental protection, forest and climate
change authorities Ato Mohamed teyim the public body replying that in adama city there is
implementation of the right of environmental information. However, the implementation is not
strong because the institution established in 2005 in Ethiopian calendar during this year the only
three authorities exist in this institution to address access of environmental information to the
public living at adama city. So it is difficult to address this right to the public wholly at that time.
But as the time going forward the government tried to increase the number of responsible
authority 2008 during this time there is improvement in the institution to address accesses of
environmental information to the public at Adama town. Thus now the city administration
extends its wings to various direction to implement the right of environmental information to the
public by establishing Varity of student club, NGOs to create awareness to the public in adama
area. So the idea of broad access to environmental information establishes a presumption that all
environmental information’s held by the public bodies should be subject to dissemination and
this presumption may be over come only very limited conditions with respect to environmental
information disclosure by government officials. even if in adama the environmental protection
authorities tried their best the right of information However, this right is challenged by different
problems; for instance lack of human resource in the institution still exist, the public bodies’
commitment and eagerness to provide information as well as lack of knowhow on the side of
public bodies to disseminate environmental information as a duty holder Despite the law of
access to environmental information obliges them, the practices are somehow not fully addressed
84
The Ethiopian governments adopt the right to access environmental information in FDRE
Constitution, ratified international environmental rights and access of information proclamation
No 590/2008 to encourage and promote participation, public empowerment, to foster a culture of
84
Interview conducted with Ato Mohamed teyim adma city environmental protection, forest and climate change
and control officer, on may,27,2018.ether implementation of the right of environmental information available at
adama town .
transparency, accountability, and efficiency in the function of public officials and to motivate
and ensure good governance.85 The implementation of this fundamental human right and
information law is going some steps in our institution as observed from the interview conducted
with Ato Mohamed. So even if the replay from the concerned body shows somehow positively
that the government is not still committed in enforcing the enforcement of the law as the
researcher view and as a result discrepancy exists between the law and the practices. This shows
that communities do not access enough environmental information about the activities and doing
of the government, which in turn leads that citizen’s participation in the issue that concern, their
life and environment does not become significant. Even if the right to access of environmental
information is the precondition to the right to public participation on environmental matters lack
of enough publication restricts accessibility of environmental information on the right time. The
FDRE Constitution on access of information and particularly the mass media and access to
information proclamation-gives due consideration that any public official shall publish
information concerning its organizational structure, main duties, responsibilities and the power
of officials as well as decision-making criteria’s and description of the services it provided for
the public.

Therefore, the research revealed that in the research area the public bodies have a little concern
about whether the duty to publish or disseminate environmental information timely. Due to this
knowledge gap the practical implementation of access of environmental information in Adama
City demands high initiation from the side of public body. There is also problem on the
awareness of environmental information in the city. Despite the desire of the government to
advance the development of democracy, the government should promote the culture of
ingenuousness in its administration area. This requests and requires implementing and promoting
the right to environmental information to the community when necessary and required the public
at large. According to my interview the interviewee said that one of the basic pillars of rule of
law and democracy is the adoption of bill of rights; freedom of expression which includes the
right to seek, receive and communicate information as provided under Art 29 of the FDRE
Constitution and the need for adoption of the 2008 freedom of mass media and access to

85
Interview conducted with Ato mohamed on the practical implementation of the right to access environmental
information at adama city, the status of environmental information disclosure to the community at the right time
that the people needs and requests.
information proclamation as that the media play a major role in the sustainable development of
the country. However, regarding to public officials he expressed that public bodies are not in
position to provide access of environmental information contrary to the law due to lack of
awareness, knowledge and the slipshod act they practices. The research discovered that the
transparency and accountability of the public bodies are under stake.

The research discovered that the public bodies use the loopholes of the law and exceptions of the
provisions as the techniques of escaping the duty to revelation information. 86 The law provides
that exceptions should be clearly and narrowly interpreted and implemented in order not to wear
down the rights of the real right holder. However, the public bodies use the exceptions broadly
and refuse the right holders through the mere fact that the information requested is against the
public interest or the national security, dignity and reputation of the individuals. Besides, the
timely accessibility of information is under dilemma. According to the interview conducted, the
public bodies hesitate to implement the law and to disseminate the requested information
because of lack of courage and nationalistic sense with high malevolent culture.

3.3. Lack of Public awareness

For effective participation citizens need access to all the necessary environmental information.
Although the FDRE constitution as well as Freedom of Mass Media and Access of Information
proclamation inter alia the ONRS constitution and subsidiary laws are issued to implement the
fundamental right to information there exists practical breach in the implementation 87. The
problem of enforcement is driven by these important policy elements which consists of :(1) the
willingness of persons or officials to comply with the policy; and (2) the capacity of persons or
organizations to implement approved policies , dependent upon resources and competence. The
environmental establishment proclamation empowers EPA to “establish environmental
information” system---that promotes efficiency in environmental data collection, management
and use. The ministry of environment, forest and climate change at federal level who takes over
the power of EPA at the current time is expected to be the national focal point from among other
environmental units or organizations to coordinate and transmit national information by the
country, s environmental policy and other environmental law. Particularly at regional level the
environmental agency and zone administrations and wereda staffs have the obligation to foster
86
Ibid
87
Supra not 12
and access environmental information respectively. However lack of cooperation among the
relevant environmental units consequences deficiency of access of environmental information to
the community. The research exposed that under Adama City There is no horizontal and vertical
coordination between the responsible bodies to secure the abatement of the environment. From
the above assertion it is possible to conclude that the public bodies have no culture of
cooperation and mutual coordination that results nothing to the policy goals and legal intentions
to be realized at grass root level. Understanding these tasks requires a huge institutional capacity;
unfortunately, the office information center which is entrusted with these important tasks
remained a small and technically constrained unit it faces major challenges such as problem
related with data quality, standardization, in accessibility of data information, absences of meta-
database, lack of adequate institutional capacity and lack of qualified personnel in information
communication technology. The last but not the least it is worth nothing that Civil Society play a
massive role in promoting and facilitating environmental information and shaping participatory
EDM, Lack of NGOS and Professional associations that can strongly advocate for EIA in
general and dissemination of public environmental information in particular is another
significant impediment to a strong access of environmental information in EDM in Adama City.
Citizens right of access to environmental information eroded by the charities and societies
proclamation which affect the capacity of NGOS to work on access to environmental
information and public participation on awareness creation as well as advocacy. Due to those and
another problems the awareness and understanding of the community regarding to their
environment is at lower level. The sociality have no knowledge about their right on the
environment and the way they request information, bring environmental issue to the court
through the principles of locus stand and the procedure they follow to claim remedies and how to
bring appeal to reverse or change the lower court ruling or the administrative bodies verdict.
According to the paper the right to access of environmental information in Adama town is under
stake. There is little accessibility of environmental information owed to the above problems. 88

CHAPTER FOUR: CONCLUSION AND RECOMMENDATIONS

88
Supra note 92
 4.1. Conclusion
The finding of the research revealed that discrepancy exists between the law and the
implementation in practical terms. This is because mainly less commitment from the responsible
organ enforcing the enforcement of the environmental law of access to information, the mere
ratification and adoption of international environmental treaties and declarations. Despite the fact
that even with its shortcoming there exists laws and policies that guaranteed the right to access
environmental information it is not given due attention by the executive body no doubt that
environmental information is an artery for human existence and a democratic society. The
executive bodies did not exert best effort practice in the process of implementation. As long as
environmental information is an integral part of the right of freedom of expression it should
having due consideration in the process of re enforcement.

The research revealed that there are public bodies who do not know that they have the duty to
give environmental information to the public about their activity and the environmental matter.

The research discovered that the public body acts maliciously and lacks the same stand in
relation to giving environmental information to both private media and the public at large.

The research open that government information lacks much to show cooperativeness in speeding
and disseminating information provision to the public. It is also identified that there are public
relation practitioners who lack both the skill and knowledge about access to information law and
therefore difficult to perform in line with information request.

The research finding also revealed that community awareness and understanding on the right to
access environmental information as fundamental right to claim and communication about their
environment as a serious issue at lower stage. Communities have no know how even they have
the right to granted clean and healthy environment, the right to public participation and the right
to consultation as well as the right to effective remedies and measures they can claim. due to low
stage of awareness claims bring the court of law regarding to environmental matters practically
environmental informational right litigation is few. The community has no access on the right to
environmental information due to lack of institutions capacity, lack of openness on the public
body, lack of cooperation between the relevant environmental units.
4.2. Recommendation
According to the research finding the researcher recommends the following implications.

 The public body should be cooperative and welcome the public to give information.
 The system of free access to environmental information should be highly promoted.
 The stakeholders, NGOS should have get enabling environment to provide education,
awareness creation of the general public.
 The public bodies, especially organs related to environmental issue should have know
how and awareness that providing public information is their constitutional duty.
 The government media should be gives much time to release environmental information
plus private media should have get the opportunity to disclose information to the public.
 Maximum disclosure and transparency of governmental files should exist.
 Any exceptions for access to information should be narrowly drawn, with only limited
and justifiable exemptions.
 Awareness creation and Education to the general public should be realized.
 Information should be provided free of charge at reasonable cost.
 .Administrative or judicial remedies for denial of access to information should be
available.
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B. National Legislations: Ethiopia

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No 1/1995: Addis Ababa.

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C. ONRS Laws

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D. Interview with concerned bodies

1- Interview conducted with Ato Mohamed teyim adama environmental protection, forest and
climate change and control officer, on may, 28, 2018.