Law and practice on public participation and access to justice in environmental matters in Trinidad and Tobago and Jamaica

In 1992, Caribbean states were among over 150 states, who adopted, by consensus, the Rio Declaration on Environment and Development. Principle 10 of that Declaration emphasises the role of participatory rights at a national level in the achievement of the goal of sustainable development. It articulates what are now commonly referred to as the three ‘pillars’ of procedural participation in environmental matters: access to information, public participation in decision-making and access to justice. In the two decades which have followed since the Rio Declaration, regional studies have demonstrated that Caribbean countries continue to struggle with the meaningful implementation of these procedural environmental rights. The focus of this study will be on the evaluation of the mechanisms relating to access to justice and public participation in two Commonwealth Caribbean countries: Trinidad and Tobago and Jamaica. The objective is to understand the gaps or deficiencies which exist in the legal frameworks of the selected states which may create barriers to the effective implementation of these access rights. The United Nations Economic Commission for Europe Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters will be used as the primary yardstick to assess the strengths and weaknesses of the current domestic regimes. Finally, recommendations for reform are made which can help to improve the strength and implementation of the procedural rights in the selected jurisdictions