RH Court Records :: UNECE: Aarhus Conv. Comp. Comm. ::
UNECE: Aarhus Convention Compliance Committee
ACCC/C/2013/82: Johnstone v. Norway
[1] Non-compliance to Access to Information, by Media Editors: Adresseavisen: Editor: Arne Blix; Aftenposten: Editor: Hilde Haugsgjerd; Bergens Tidende: Editor: Trine Eilertsen; Dagbladet: Editor: John Arne Markussen; NRK: Editor: Hans Tore Bjerkaas; TV2: Editor: Alf Hildrum; VG: Editor: Torry Pedersen.
[2] A general failure to implement, or implement correctly, the General and Collection and Dissemination of Environmental Information provisions of the Convention; by the Bar Association (Advokatforeningen): Disciplinary Committee and Disciplinary Board for Advocates (Disiplinærnemnden for advokater). [3] Non-Compliance to Access to Justice, by the Environmental Appeals Board (Klagenemnda for miljøinformasjon) and Parliamentary Ombudsman: Denied Due Process & Effective Remedy. |
Aarhus Convention: Access to Environmental Information & Justice: Presentation by Prof Dr Ludwig Kramer, ClientEarth, Belgium (22:49) |
Aarhus Convention Compliance Committee
ACCC/C/2013/82: Johnstone, Radical Honoursty Culture v. Norway
Documents & Correspondence
10 March 2013: Communication
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- E (PDF): 16 Aug 2012: Appeals to Environmental Appeals Board: Request for Access to Environment Information in terms of S.28 (Freedom of Information Act) and S.10 (Environmental Law) RE: Norwegian Bar Association’s Anti-Environmental Printed Complaints Policy. [Disciplinary Committee: pg.03/17, excluding attachments (Full PDF)] [Disciplinary Board: pg.03/15, excl. attachments (Full PDF)]
- F (PDF): 10 Sep 2012: Secretariat of the Environmental Appeals Board ruling: Decision in Case 2012/2 and Case 2012/5 (PDF)(PDF) [Note: The decision was only issued on letterhead, on 06 November 2012]
- G (PDF): 11 Nov 2012: Appeal to the Parliamentary Ombudsman (excluding attachments): Erroneous Decision by Environment Appeals Board in Environmental Information Appeals re: [I] Editorial Decision-Making: Censorship of Media’s ‘Population-Environment-Terrorism’ Connection; [II] Bar Association: Anti-Environmental Complaints Policy. (Full PDF)
- H (PDF): 27 Nov 2012: Parliamentary Ombudsman Ruling: Complaint regarding the Appeals Board for Environmental Information (PDF)
11 March 2013: Aarhus Ack Receipt of Communication
Response from Aarhus Convention Secretariat Compliance Committee: Legal Officer: Aphrodite Smagadi:
"The Committee will meet from 25 to 28 March 2013 and will consider the preliminary admissibility of new communications, including the present one. Due to the high workload and the fact that this communication has arrived quite late, there is a chance that the preliminary admissibility of your communication is deferred to the Committee's June meeting (25-28 June 2013). You will be informed about the outcome by mid-April 2013."
"The Committee will meet from 25 to 28 March 2013 and will consider the preliminary admissibility of new communications, including the present one. Due to the high workload and the fact that this communication has arrived quite late, there is a chance that the preliminary admissibility of your communication is deferred to the Committee's June meeting (25-28 June 2013). You will be informed about the outcome by mid-April 2013."
23 April 2013: ACC Ruling: Inadmissible as "Manifestly Unreasonable"
Economic Commission for Europe: Meeting of the Parties to the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters: Compliance Committee: Fortieth meeting: Geneva, 25–28 March 2013: Report of the Compliance Committee on its fortieth meeting (PDF): "38. Communication ACCC/C/2013/82 (Norway), submitted by a member of the public,
Ms. Lara Johnstone, alleged non-compliance by the Party concerned with the provisions of the Convention on access to information with regard to information held by media editors and the Norwegian Bar Association, and with the provisions of the Convention on access to
justice with regard to the response of the Environmental Appeals Board and the Parliamentary Ombudsman with respect to the related complaints of the communicant. The Committee determined that the communication was not admissible on the basis of paragraph 20 (c) of the annex to decision I/7.
Ms. Lara Johnstone, alleged non-compliance by the Party concerned with the provisions of the Convention on access to information with regard to information held by media editors and the Norwegian Bar Association, and with the provisions of the Convention on access to
justice with regard to the response of the Environmental Appeals Board and the Parliamentary Ombudsman with respect to the related complaints of the communicant. The Committee determined that the communication was not admissible on the basis of paragraph 20 (c) of the annex to decision I/7.
26 April 2013: ACCC Ruling: Corr: Inadmissible as "Manifestly Unreasonable"
26 April 2013 Correspondence from Aphrodite Smagadi, Secretary to the Aarhus Convention Compliance Committee (PDF) Re: Communication to the Aarhus Convention Compliance Committee concerning compliance by Norway with provisions of the Convention in connection to access to information and access to justice (ref. ACCC/C/2013/82):
"We refer to the communication which you submitted on 11 March 2013 for the consideration of the Aarhus Convention Compliance Committee. The communication has been registered under the symbol ACCC/C/2013/82. At its fortieth meeting (25-28 March 2013), the Committee considered the communication and its attachments. The Committee determined that the communication was manifestly unreasonable on the basis of paragraph 20(c) of the annex to decision I/7. Please do not hesitate to contact the secretariat if you have any questions."
"We refer to the communication which you submitted on 11 March 2013 for the consideration of the Aarhus Convention Compliance Committee. The communication has been registered under the symbol ACCC/C/2013/82. At its fortieth meeting (25-28 March 2013), the Committee considered the communication and its attachments. The Committee determined that the communication was manifestly unreasonable on the basis of paragraph 20(c) of the annex to decision I/7. Please do not hesitate to contact the secretariat if you have any questions."
12 May 2013: Req. Written Reasons for "Manifestly Unreasonable" Ruling
Appeal (PDF) to Aarhus Convention Comm (CC: Parties & Anders Breivik; Bjørn Magnus Jacobsen Ihler, Center 4 Free & Creative Expression; Vice Admiral Dennis McGinn & Former CIA Dir. James Woolsey): Request for Written Reasons: Re: Aarhus Convention Compliance Committee 26 April 2013 “manifestly unreasonable” ruling concerning compliance by Norway with provisions of the Convention in connection to ‘Scarcity & Conflict’ and ‘Environmental Complaints Policy’ access to information and access to justice (ACCC/C/2013/82).Supporting Documentation:
A. List of Aarhus Convention Inadmissible Rulings. (PDF) B. ECHR: 16325/13: Johnstone v. Norway: Oslo District Court’s Breivik Necessity Judgement was Discriminatory & Ineffective Remedy. (PDF) C. Media Censorship: Citizens are ignorant of how to contribute to Sustainable Security: Procreate and Consume below carrying capacity, to avoid scarcity induced resource war conflict: Maher, Michael (1997/03): How and Why Journalists Avoid the Population-Environment Connection.(PDF) D. Every Child Increases a Woman’s Carbon Footprint by a factor of 20: A woman can reduce her carbon footprint 19 times more by having one fewer child than by all other energy efficiency actions the E.P.A. suggests combined: Paul A. Murtaugh, Michael G. Schlax (2009): Reproduction and the carbon legacies of individuals; Global Environmental Change.(PDF) E. Only Civilization Collapse will prevent runaway global climate change: Industrial Civilization/Consumption Developmentism as Heat Engine Root cause of Scarcity-Conflict Climate Change-National Security Impending Near-term Extinction reality: Timothy J. Garrett (Nov. 2009), Are there basic physical constraints on future anthropogenic emissions of carbon dioxide?; Climatic Change.(PDF) |
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Table of Contents:
Reasonable.
oo Military Doctrine & Academic Theory: Climate Change & National Security: Climate Change as a Scarcity and Conflict Threat
Multiplier of oil, water and food resource wars and mass migration.
oo 22/07 AUF Utoya Survivor Bjorn Ihler’s Center for Free and Creative Expression: The Censorship-Terrorism Connection
oo Admirals, Generals, Former CIA Director & News Editor: The Censorship-Population-Environment-Terrorism Connection
oo Manifestly Reasonable: Media Silence/Censorship/Non-coverage of Scientific study results advocating Sustainable Security
(Walking the National Security – Scarcity & Conflict -- Talk to Support the Troops): ‘Procreate/Consume below carrying capacity’
- Request transparent release of correspondence between Aarhus Convention and Norwegian parties: Media Editors and Bar Association.
- Request for written reasons as to exactly how and why the Communication to the Aarhus Convention Compliance Committee (ACCC) was ‘manifestly unreasonable’.
- Manifestly Reasonable: Media’s Censorship-Environment-Population-Terrorism Connection:
Reasonable.
oo Military Doctrine & Academic Theory: Climate Change & National Security: Climate Change as a Scarcity and Conflict Threat
Multiplier of oil, water and food resource wars and mass migration.
oo 22/07 AUF Utoya Survivor Bjorn Ihler’s Center for Free and Creative Expression: The Censorship-Terrorism Connection
oo Admirals, Generals, Former CIA Director & News Editor: The Censorship-Population-Environment-Terrorism Connection
oo Manifestly Reasonable: Media Silence/Censorship/Non-coverage of Scientific study results advocating Sustainable Security
(Walking the National Security – Scarcity & Conflict -- Talk to Support the Troops): ‘Procreate/Consume below carrying capacity’
- Aarhus Convention Compliance Comm. failure to provide Written Reasons is a violation of Aarhus Convention Written Reason principles enunciated in Art. 4: 1.i; 2, 7; Art 6: 9; Art 9: 1; Annex II.1.
- Aarhus Convention Compliance Committee’s history of providing written reasons to Neo-liberal communicants indicates possible Neo-liberal discrimination towards Anarcho-Primitivist communicant.
- Update: Censorship by Norwegian Media Editors: Publishing that an Anarcho-Primitivist Feminist Application to the European Court of Human Rights alleging that the Oslo Court’s Breivik Necessity Judgement was Discriminatory & an Ineffective Remedy, met all the ECHR admissibility conditions required by the Registrar for processing; is not in the public interest of Norwegian citizens.
25-28 June: Aarhus 41st Compliance Meeting
Geneva, Switzerland: 25 - 28 June 2013: Forty-first Compliance Committee meeting under the Aarhus Convention.
- Provisional Agenda (PDF)
09-10 July: Correspondence: Compliance Comm Secretariat:
Correspondence (PDF) from Maricar Dela Cruz, Programme Assistant, Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention), United Nations Economic Commission for Europe, Environment Division:
“The Committee considered the communication manifestly unreasonable because the communication had failed to provide for clear, obvious and evident reasons on how the requests of the communicant to the media industry and the bar association fell within the ambit of the Convention.”
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Correspondence to Maricar Dela Cruz:
Please confirm:
The Committee is alleging that my requests for environmental information submitted to the media industry and bar association does not meet the committee’s interpretation of the convention’s definition of ‘environmental information’. The Committee is also alleging that if or where anyone submits any request to any public body for environmental information, and such body pretends or sincerely does not agree with the communicant’s definition of ‘environmental information’, then the particular body can simply ignore the request, and refuse to answer it, and the Committee will endorse such behaviour from public bodies. Please clarify if this is an accurate interpretation of the vague and ambiguous unclear statements by Ms. Magadi. |
Correspondence from Maricar Dela Cruz:
The letter is based on the outcome of the Committee's discussion. The reasons are clear.
The file has now been closed. |
Correspondence to Maricar Dela Cruz:
Since the Committee insists on closing the file, and refusing to process my communication, you leave me no options, but to file an application with the General Court of the Court of Justice of the European Union for an Application for Annulment under Article 263 of the Treaty of the Functioning of the European Union.
In the absence of clarification by yourself or the Committee, I shall interpret your statement “The reasons are clear” as confirmation of “The Committee is alleging that my requests for environmental information submitted to the media industry and bar association does not meet the committee’s interpretation of the convention’s definition of ‘environmental information.” |
10 Aug 2013: Braveheart Declaration Notice | 13 Nov 2015: Withdrawn
RE: Aarhus CCC (ref. ACCC/C/2013/82): Johnstone v Norway: Re: Withdrawal of Braveheart Declaration:
With regard to 10 August 2013 correspondence; subject: RE: Aarhus CCC (ref. ACCC/C/2013/82) ruling re: Media Censorship of Env-Scarcity-Conflict Connection during Breivik trial; notifying you of Declaration of JAG Lt. Cdr. Lara Braveheart, to US Navy Judge Advocate General: Vice Admiral Nanette Derenzi. Please take notice of the 29 October 2015 notice to (i) US Navy JAG & Kremlin; (ii) EoP Axis Officials: USA, NATO; China & Russia: USA, and (iii) ICC & United Nations International Law Officials; that Declaration of JAG Lt. Cdr. Lara Braveheart, to US Navy Judge Advocate General: Vice Admiral Nanette Derenzi has been withdrawn. A copy of withdrawal notice and written reasons can be found at EoP Axis Military Necessity evacuation; in among others correspondence to EoP Axis Officials [PDF]. |
10 Nov 2013: Appeal Filed with Curia Court:
An Appeal was subsequently filed with the Curia General Court in Luxembourg.