The Environmental Democracy Index measures the degree to which countries have enacted legally binding rules that provide for environmental information collection and disclosure, public participation across a range of environmental decisions, and fair, affordable, and independent avenues for seeking justice and challenging decisions that impact the environment. The index evaluates 70 countries across 75 legal indicators, based on objective and internationally recognized standards established by the United Nations Environment Programme’s (UNEP) Bali Guidelines. EDI also includes a supplemental set of 24 limited practice indicators that provide insight on a country's performance in implementation.
| Dataset type: | Other |
| Dataset level: | Country |
(World Resource Institute &
the Access Initiative, 2015)
EDI measures to which degree countries have enacted legally binding rules that provide for environmental information collection and disclosure, public participation across a range of environmental decisions, and fair, affordable, and independent avenues for seeking justice and challenging decisions that impact the environment. It is an average of 3 pillars that measure: 1) the right to freely access information on environmental quality and problems (Access to information pillar); 2) the right to participate meaningfully in decision-making (Participation pillar); 3) the right to seek enforcement of environmental laws or compensation for harm (Justice pillar). The pillars are calculated by combining 75 legal indicators that are scored from 0 (worst) to 3 (best), producing an overall score that falls within this same range. The pillars are given equal weight when creating an average.
More about this variableThe indicator measures to which extent states ensure that the access of members of the public concerned to review procedures relating to the environment is not prohibitively expensive and to which extent they consider the establishment of appropriate assistance mechanisms to remove or reduce financial and other barriers to access to justice. This indicator is an arithmetic average of expert answers to questions on a scale from 0 (worst) to 3 (best): (20.1) To what extent are there legal mechanisms in place to ensure that access to review procedures relating to the environment for members of the public concerned is not prohibitively expensive?; (20.2) To what extent does the law provide assistance mechanisms to reduce financial barriers to access to justice?; (20.3) To what extent does the law provide assistance mechanisms to reduce gender-related non-financial barriers to access to justice?; (20.4) To what extent does the law provide assistance mechanisms to reduce other non-financial and non-gender barriers to access to justice?; (P20.1) In the last 5 years, has a public interest case relating to the environment or natural resources been filed which was supported by government legal aid?; (P20.2) In the last 10 years, have there been cases relating to the environment or natural resources where the costs of proceedings was awarded against a public interest complainant/plaintiff/petitioner (c/p/p)?; (P20.3) In the last 5 years have there been cases related to the environment or natural resources where the costs of proceedings were awarded in favor of a public interest complainant/plaintiff/petitioner (c/p/p)?
More about this variableThe indicator measures to which extent the states encourage the development and use of alternative dispute resolution mechanisms where these are appropriate. In scoring this indicator, “alternate dispute resolution mechanisms” include mediation, conciliation, or arbitration adopted by institutions as a means of resolving environmental disputes. This indicator is an arithmetic average of expert answers to questions on a scale from 0 (worst) to 3 (best): (26.1) To what extent does the law provide for the possibility to use alternative dispute resolution mechanisms to address violations of the right of access to environmental information, public participation or cases of environmental harm?; (26.2) To what extent does the law provide incentives for the use of alternative dispute resolution mechanisms where these are appropriate?; (P26.1) In the last 5 years, has a public interest case relating to the environment or natural resources been solved by an alternate conflict resolution method (such as mediation, arbitration and conciliation)?
More about this variableThe indicator measures to which extent the states provide adequate information to the public about the procedures operated by courts of law and other relevant bodies in relation to environmental issues. This indicator is an arithmetic average of expert answers to questions on a scale from 0 (worst) to 3 (best): (23.1) To what extent does the law require the State or State agencies or institutions to provide information to the public about court procedures relating to environmental issues?; (23.2) To what extent does the law require the State or State agencies or institutions to provide information to the public about review procedures relating to environmental issues provided by bodies other than courts of law?; (P23.1) Is there an easily understandable explanation of court procedures in the national language(s) on the website or office of the highest national court or the apex national environmental agency?
More about this variableThe indicator measures the existence of a clear positive legal mandate that gives the public the right to access environmental information upon request. This indicator is an arithmetic average of expert answers to questions on a scale from 0 (worst) to 3 (best): (1.1) To what extent does the law mandate access to environmental information to be provided upon request?; (1.2) To what extent does the law provide for natural or legal persons' access to environmental information?; (1.3) To what extent does the law make access to environmental information affordable?; (1.4)To what extent does the law provide for timely access to environmental information?; (1.5) To what extent does the law include public authorities under access to environmental information provisions?; (1.6) To what extent does the law not require proof of legal or other interest for access to environmental information?
More about this variableThe indicator measures to which extent the states ensure that due account is taken of the comments of the public in the decision-making process and that the decisions are made public. This indicator is an arithmetic average of expert answers to questions on a scale from 0 (worst) to 3 (best): (11.1) To what extent do the laws concerning environmental impact assessments, pollution control standards and permits, forest concessions, extractive industries, biodiversity and terrestrial protected areas, and environmental policy-making require the State or State agencies at the national level to take due account of the public's comments in decision-making relating to the environment?; (11.2) To what extent do the laws concerning environmental impact assessments, pollution control standards and permits, forest concessions, extractive industries, biodiversity and terrestrial protected areas, and environmental policy-making require that decisions relating to the environment are made public?; (P11.1) In the three most recent large-scale extractive or development projects, did the relevant agency respond to public comments on the environmental impact assessment and make the responses available to the public?
More about this variableThe indicator measures to which extent the states provide broad interpretation of standing in proceedings concerned with environmental matters with a view to achieving effective access to justice. This indicator is an arithmetic average of expert answers to questions on a scale from 0 (worst) to 3 (best): (18.1) To what extent does the law recognize broad legal standing in proceedings concerned with environmental matters?; (P18.1) In the last 5 years, have NGOs been granted legal standing by national courts in public interest environmental cases?
More about this variableThe indicator measures to which extent the states ensure the timely and effective enforcement of decisions in environmental matters taken by courts of law and by administrative and other relevant bodies. This indicator is an arithmetic average of expert answers to questions on a scale from 0 (worst) to 3 (best): (22.1) To what extent does the law provide for the effective enforcement of criminal court decisions relating to the environment?; (22.2) To what extent does the law require the enforcement of criminal court decisions relating to the environment to be timely?; (22.3) To what extent does the law provide for the effective enforcement of civil court decisions relating to the environment?; (22.4) To what extent does the law require the enforcement of civil court decisions relating to the environment to be timely?; (22.5) To what extent does the law provide for effective enforcement of decisions relating to the environment taken by administrative and other relevant bodies?; (22.6) To what extent does the law ensure the enforcement of administrative decisions relating to the environment will be timely?
More about this variableThe indicator measures to which extent the states provide environmental information in the public domain that include, among other things, information about environmental quality, environmental impacts on health and factors that influence them, in addition to information about legislation and policy, and advice about how to obtain information. This indicator is an arithmetic average of expert answers to questions on a scale from 0 (worst) to 3 (best): (2.1) To what extent does the law require information on environmental quality to be made proactively available to the public?; (2.2) To what extent does the law require environmental information on environmental factors that influence health be placed in the public domain?; (2.3) To what extent does the law require information on environmental laws and policy be placed in the public domain?; (2.4) To what extent does the law require publicly available information and advice on how to obtain environmental information?; (P2.1) Are real time air quality data for the capital city of your country made available online by the government?; (P2.2) In the last two years, has annual drinking water quality data for water services in your capital city been proactively provided to consumers either by mail (post) or online and do they meet the minimum standards established by the regulatory agency?
More about this variableThe indicator measures to which extent the states states ensure opportunities for early and effective public participation in decision-making related to the environment. This indicator is an arithmetic average of expert answers to questions on a scale from 0 (worst) to 3 (best): (8.1) To what extent does the law require the public concerned to have opportunities to participate in decision making related to the environment?; (8.2) To what extent does the law require public participation opportunities to be provided early in the decision-making process?; (8.3) To what extent does the law require that the public concerned be provided with information about its opportunities to participate early in the decision-making process?; (P8.1) Choose three recent controversial development projects (in terms of press coverage and potential cost and/or revenue of project) that were approved through an Environmental Impact Assessment (EIA) process under national law. Were public notices given seeking comments on the EIA or its terms of reference?
More about this variableThe indicator measures to which extent the states ensure that all information that would enable the public to take measures to prevent imminent threat of harm to human health or the environment is disseminated immediately. This indicator is an arithmetic average of expert answers to question on a scale from 0 (worst) to 3 (best): (6.1) When there is an imminent threat of harm to human health or the environment, to what extent does the law obligate or mandate the government agencies to immediately disseminate information to the public that enables it to take preventive action?
More about this variableThe indicator measures to which extent the states provide effective procedures for timely review by courts of law or other independent and impartial bodies, or administrative procedures, of issues relating to the implementation and enforcement of laws and decisions pertaining to the environment. This indicator is an arithmetic average of expert answers to questions on a scale from 0 (worst) to 3 (best): (19.1) To what extent does the law provide procedures for the review of issues relating to the implementation and enforcement of laws and decisions pertaining to the environment by courts or other bodies, or administrative procedures?; (19.2) To what extent does the law require review procedures regarding the implementation and enforcement of laws and decisions pertaining to the environment to be decided by impartial and independent courts or bodies?; (19.3) To what extent does the law require review procedures regarding the implementation and enforcement of laws and decisions pertaining to the environment to be timely?; (19.4) To what extent does the law require review procedures regarding the implementation and enforcement of laws and decisions pertaining to the environment to be fair and equitable?; (19.5) To what extent does the law require review procedures regarding the implementation and enforcement of laws and decisions pertaining to the environment to be open and transparent? (P19.1) In the last 5 years have there been sanctions or corrective actions imposed by a national court of law or other independent and impartial body, for violation of laws and decisions pertaining to the environment?
More about this variableThe indicator measures to which extent the states clearly define in their law the specific grounds on which a request for environmental information can be refused. The grounds for refusal are to be interpreted narrowly, taking into account the public interest served by disclosure. This indicator is an arithmetic average of expert answers to questions on a scale from 0 (worst) to 3 (best): (3.1) To what extent does the law clearly define specific grounds on which a request for environmental information can be refused?; (3.2) To what extent does the law require environmental information that is covered by a ground for refusal to be severed (separated) from the rest of the information before being released to the requester?; (3.3) To what extent does the law require the decision-maker to take into account the public interest served by disclosure when considering exemptions (grounds for refusal)?
More about this variableThe indicator measures to which extent the states ensure that their competent public authorities regularly collect and update relevant environmental information, including information on environmental performance and compliance by operators of activities potentially affecting the environment. This indicator is an arithmetic average of expert answers to questions on a scale from 0 (worst) to 3 (best): (4.1) To what extent are competent public authorities mandated by law to regularly collect and update relevant environmental information?; (4.2) To what extent does the law mandate the public authorities to comprehensively monitor the environmental performance and compliance by operators of activities potentially affecting the environment, and to collect and update such information?; (4.3) To what extent is there a system established by the law ensuring adequate public information about proposed and existing activities that may significantly affect the environment?; (P4.1) Does a national agency in your country ensure that daily air emission and waste water discharges by large-scale industries at a facility level are proactively made publicly available either online, through a public register or at a library; if so, is that information comparable to a national standard?
More about this variableThe indicator measures to which extent the states ensure that all information relevant for decision-making related to the environment is made available, in an objective, understandable, timely, and effective manner, to the members of the public concerned. This indicator is an arithmetic average of expert answers to questions on a scale from 0 (worst) to 3 (best): (10.1) To what extent do the laws concerning: environmental impact assessments, pollution control permits, forest concessions, extractive industries, protected areas and terrestrial biodiversity, and environmental policy-making require all information relevant to decision-making processes relating to the environment to be made available to the public concerned, without the public having to make an official information request?; (10.2) To what extent do the laws concerning environmental impact assessments, pollution control permits, forest concessions, extractive industries, protected areas and terrestrial biodiversity, and environmental policy-making require that proactively released information relevant to decision-making be understandable to the public concerned?; (10.3) To what extent do the laws concerning environmental impact assessments, pollution control permits, forest concessions, extractive industries, biodiversity and terrestrial protected areas, and environmental policy-making require the information relevant to decision-making to be provided in a timely fashion to the public concerned?; (P10.1) Are the Environmental Impact Assessments for development projects accessible to the public online or at a national government agency?; (P10.2) Is information on wastewater discharge and air emission permit violations available to the public online or at a government agency?; (P10.3) Are extractive industry licenses/permits available to the public online or at a government agency?; (P10.4) During the past three years, in the process of granting forest use contracts, has the relevant agency made publicly available information related to such contracts?; (P10.5) Are the forest use contracts, once finalized, made available to the public online or at a government agency?
More about this variableThe indicator measures to which extent the states consider appropriate ways of ensuring, at an appropriate stage, public input into the preparation of legally binding rules that might have a significant effect on the environment and into the preparation of policies, plans and programmes relating to the environment. This indicator is an arithmetic average of expert answers to questions on a scale from 0 (worst) to 3 (best): (13.1) To what extent does the law require opportunities for public input at an appropriate stage during preparation of legally binding rules (rule-making or preparation of subsidiary legislation, regulations, etc.) that might have a significant effect on the environment?; (13.2) To what extent do the laws concerning environmental impact assessments, pollution control standards and permits, forest concessions, extractive industries, protected areas and terrestrial biodiversity, and environmental policy-making require the State or state agencies to provide opportunities for public input at an appropriate stage of the preparation of policies?; (13.3) To what extent do the laws concerning environmental impact assessments, pollution control standards and permits, forest concessions, extractive industries, protected areas and terrestrial biodiversity, and environmental policy-making require there to be opportunities for public input at an appropriate stage of the preparation of plans relating to the environment?; (13.4) To what extent does the law require there to be opportunities for public input at an appropriate stage of the preparation of programs relating to the environment?
More about this variableThe indicator measures to which extent the states ensure that any natural or legal person who considers that his or her request for environmental information has been unreasonably refused, in part or in full, inadequately answered or ignored, or in any other way not handled in accordance with applicable law, has access to a review procedure before a court of law or other independent and impartial body to challenge such a decision, act or omission by the public authority in question. This indicator is an arithmetic average of expert answers to questions on a scale from 0 (worst) to 3 (best): (15.1) To what extent do the laws concerning environmental impact assessments, pollution control standards and permits, forest concessions, extractive industries, protected areas and terrestrial biodiversity, and environmental policy-making provide for access to a review procedure in cases where environmental information request have been denied?; (15.2) To what extent does the law make the review available to all natural or legal persons?; (15.3) To what extent does the law provide access to a review procedure before a court of law or other independent and impartial body in cases when an environmental information request has been denied?; (P15.1) Is there a court, tribunal or other independent or impartial body at the national level with a physical office to receive and process public complaints about the refusal of environmental information?
More about this variableThe indicator measures to which extent the states ensure that decisions relating to the environment taken by a court of law, other independent and impartial or administrative body, are publicly available, as appropriate and in accordance with national law. This indicator is an arithmetic average of expert answers to questions on a scale from 0 (worst) to 3 (best): (24.1) To what extent does the law require judicial decisions relating to the environment to be made publicly available?; (24.2) To what extent does the law require decisions relating to the environment taken by administrative bodies to be made publicly available?; (24.3) To what extent does the law require decisions relating to the environment taken by other independent and impartial bodies to be made publicly available?; (P24.1) Are the decisions of the last three environmental or natural resource cases decided by a national court, tribunal or other judicial body available to the public online or at the office of that court, tribunal or body?
More about this variableThe indicator measures to which extent the states provide a framework for prompt, adequate and effective remedies in cases relating to the environment, such as interim and final injunctive relief. This indicator is an arithmetic average of expert answers to questions on a scale from 0 (worst) to 3 (best): (21.1) To what extent does the law require adequate and effective remedies in cases relating to the environment?; (21.2) To what extent does the law require remedies in cases relating to the environment to be provided promptly?; (21.3) To what extent is interim and/or final injunctive relief available under the law?; (21.4) To what extent is compensation available as a remedy under the law?; (21.5) To what extent is restitution available as a remedy under the law?; (21.6) To what extent is restoration of the environment available as a remedy under the law?; (P21.1) In the last 5 years, have there been injunctions/stay orders/interdicts issued by a court, tribunal or other judicial body in environmental or natural resource cases?
More about this variableThe indicator measures to which extent the states ensure that the members of the public concerned have access to a court of law or other independent and impartial body to challenge the substantive and procedural legality of any decision, act or omission relating to public participation in decision-making in environmental matters. This indicator is an arithmetic average of expert answers to questions on a scale from 0 (worst) to 3 (best): (16.1) To what extent does the law entitle members of the public concerned to challenge the substantive legality of any decision, act or omission relating to decision-making in environmental matters which is subject to public participation?; (16.2) To what extent does the law entitle members of the public concerned to challenge the procedural legality of any decision, act or omission relating to decision-making in environmental matters subject to public participation?; (16.3) To what extent does the law require that a court of law or other independent and impartial body hear challenges to substantive and/or procedural legality?; (P16.1) In the last 5 years, have public interest environmental or natural resource cases been filed before a court, tribunal or other body? If court records are not public information, check media reports.
More about this variableThe indicator measures to which extent the states make efforts to seek proactively public participation in a transparent and consultative manner, including efforts to ensure that members of the public concerned are given an adequate opportunity to express their views. This indicator is an arithmetic average of expert answers to questions on a scale from 0 (worst) to 3 (best): (9.1) To what extent do the laws concerning environmental impact assessments, pollution control permits, forest concessions, extractive industries, biodiversity and terrestrial protected areas, and environmental policy-making obligate the State or state agencies at the national level to proactively seek public participation?; (9.2) To what extent do the laws concerning: environmental impact assessments, pollution control permits, forest concessions, extractive industries, biodiversity and terrestrial protected areas, and environmental policy-making obligate the State or State agencies at the national level to give members of the public concerned an adequate opportunity to express their views?
More about this variableThe indicator measures to which extent the states ensure that when a review process is carried out where previously unconsidered environmentally significant issues or circumstances have arisen, the public should be able to participate in any such review process to the extent that circumstances permit. This indicator is an arithmetic average of expert answers to question on a scale from 0 (worst) to 3 (best): (12.1) To what extent do the laws concerning: environmental impact assessments, pollution control standards and permits, forest concessions, extractive industries, biodiversity and terrestrial protected areas, and environmental policy-making require the State or state agencies to provide for a public review process for decisions relating to the environment if previously unconsidered environmental impacts become apparent?
More about this variableThe indicator measures to which extent the states ensure that the members of the public concerned have access to a court of law or other independent and impartial body or administrative procedures to challenge any decision, act or omission by public authorities or private actors that affects the environment or allegedly violates the substantive or procedural legal norms of the State related to the environment. This indicator is an arithmetic average of expert answers to questions on a scale from 0 (worst) to 3 (best): (17.1) To what extent does the law give rights to the public concerned to challenge any decision, act or omission by public authorities that allegedly violates the procedural legal norms of the state relating to the environment?; (17.2) To what extent does the law give rights to the public concerned to challenge any decision, act or omission by private actors that allegedly violates the substantive legal norms of the state relating to the environment?; (17.3) To what extent does the law give rights to the public concerned to challenge any decision, act or omission by private actors that allegedly violates the procedural legal norms of the State relating to the environment?; (17.4) To what extent does the law require the challenges referred to in indicators 1-3 to be heard by an independent and impartial body?; (P17.1) Have there been cases in the last 5 years when civil society filed a lawsuit against a polluter in a national court?; (P17.2) Have there been cases in the last 5 years when civil society filed a lawsuit in a national court challenging a government decision, policy, or rule affecting the environment?
More about this variableThe indicator measures to which extent the states periodically prepare and disseminate at reasonable intervals up-to-date information on the state of the environment, including information on its quality and on pressures on the environment. This indicator is an arithmetic average of expert answers to questions on a scale from 0 (worst) to 3 (best): (5.1) To what extent does the law mandate the government to publish reports on the state of the environment (i.e. a State of the Environment report)?; (5.2) To what extent does the law require the publication of a State of the Environment report to be periodic at reasonable intervals?; (5.3) Does the law require the report to be comprehensive in the information that it provides?; (5.4) To what extent does the law require the report to contain up-to date information?; (P5.1) In the last 10 years has a national government agency regularly published State of the Environment Reports? (Regular is at fixed intervals of five years or less)
More about this variableThe Justice Pillar Score combines guidelines "Information request appeals", "Public participation appeals", "Right of public to challenge state or private actors", "Broad standing", "Fair, timely, and independent review", "Affordable access to relief and remedy", "Prompt, effective remedies", "Effective enforcement", "Awareness and education about remedies and relief", "Public access to judicial and administrative decisions", and "Alternative dispute resolution for environmental issues", using an arithmetic average on a scale from 0 (worst) to 3 (best).
More about this variableThe Access to Information Pillar Score combines guidelines "Accessibility of information requests", "Environmental information in the public domain", "Ground for refusal", "Information collection and management", "State of the environment report", and "Early warning information", using an arithmetic average on a scale from 0 (worst) to 3 (best).
More about this variableThe Participation Pillar Score combines guidelines "Early public participation", "Proactive public consultation", "Informed participation", "Due account of public comments", "Public participation review", and "Integrating public input for rule-making", using an arithmetic average on a scale from 0 (worst) to 3 (best).
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