06/05/2025
27 Years on
Jersey, “Leading the World”? The Aarhus Convention Tells Another Story
For years, Jersey’s leaders have claimed we are “leading the world” in protecting the environment . But actions speak louder than words. One glaring example is Jersey’s failure to adopt the Aarhus Convention – a 1998 international treaty that empowers the public with environmental rights . As we approach a new petition to change this, here’s what you need to know.
Aarhus Convention: The Basics
The Aarhus Convention was signed in June 1998 and came into force in October 2001 . It is often called the world’s leading agreement on “environmental democracy” . In essence, it guarantees the public three fundamental rights in environmental matters :
• Access to information – the right to know about the environment (to obtain environmental information held by public authorities, like data on pollution or environmental policies) .
• Public participation – the right to have a say in environmental decision-making (authorities must allow meaningful public input on projects, plans and programs affecting the environment) .
• Access to justice – the right to challenge decisions or seek remedy when environmental laws or rights are violated (access to review by a court or independent body) .
Over 40 countries have signed and ratified the Aarhus Convention, including all EU member states and the UK  . In fact, the UK (which represents Jersey internationally in many treaties) first signed Aarhus 27 years ago in 1998 and ratified it in 2005 . This convention has become a global standard for transparency and public involvement in environmental matters – but Jersey still hasn’t joined.
Jersey’s Record So Far
Jersey has never extended the Aarhus Convention to the island . This means that, unlike people in the UK or EU, islanders do not yet have the full Aarhus rights guaranteed in our laws. Why not? Jersey’s officials have offered various reasons over the years. Notably, in 2013 the government argued that Jersey was “not in a position to meet the requirements” of Aarhus at that time . The Environment Minister explained that complying with Aarhus would require certain domestic laws and infrastructure – for example, having a Freedom of Information (FOI) law to ensure access to information . Back then, Jersey indeed lacked a statutory FOI law, so the island chose not to adopt Aarhus and said it would keep the matter under review .
However, things have changed since then. Jersey’s FOI Law finally came into effect in January 2015 , granting the public the right to request information from public authorities. It’s now been 10 years since we got an FOI law – one of the key tools Jersey needed to meet Aarhus obligations. Despite this, successive governments have taken no steps to extend the Aarhus Convention to Jersey. 27 years have passed since the UK signed this treaty, and a decade since Jersey put FOI in place, yet islanders are still waiting. The government often talks about transparency and engagement, but the long delay in embracing Aarhus’s standards tells a different story.
Secrecy and Consequences
Why does it matter if Jersey hasn’t adopted Aarhus? Because without these guarantees of transparency and public participation, critical environmental decisions can be made behind closed doors – sometimes against the public interest. A stark example is Jersey’s handling of the PFOS pollution scandal. PFOS is a toxic chemical (one of the PFAS “forever chemicals”) that contaminated water supplies around Jersey’s airport decades ago. In 2004, the States of Jersey made a secret settlement with the American manufacturer 3M (which produced the polluting firefighting foam). Jersey accepted £2.6 million from 3M for cleanup – and in exchange agreed not only to drop legal claims but to assist 3M in defending any future claims by others . This extraordinary deal, kept hidden from the public at the time, meant our government effectively promised to help a polluter avoid accountability for contamination in our island.
Details of this settlement emerged years later, sparking outrage. Imagine: island residents suffering pollution in their water, while their government had quietly vowed to help the polluter if those residents ever took legal action. This is exactly the kind of outcome that robust Aarhus rights aim to prevent. If Jersey had fully implemented access to information and public participation in environmental matters, could such a sweeping, secret deal have been made so easily? At the very least, an Aarhus framework would encourage more openness, public scrutiny, and legal recourse in environmental decisions – making secrecy and delays less likely, and holding polluters to account more likely.
Time to Lead, Not Lag
Jersey’s government often boasts of “leading the world” on the environment  – yet our track record on transparency and public empowerment tells another story. We have been lagging behind the rest of the developed world in adopting basic environmental rights. It’s fair to ask: What exactly is Jersey “leading the world” in? Secrecy? Delay? Helping polluters avoid accountability? These are the uncomfortable questions we must confront. The truth is, you can’t claim to lead the world while refusing to uphold internationally recognized standards of environmental democracy.
The good news is that it’s not too late to change course. Jersey can catch up and even become a leader – by finally embracing the Aarhus Convention and respecting our citizens’ rights to information, participation, and justice. As islanders, we deserve the same voice and protections as people in the UK and EU when it comes to our environment. Momentum is building to make this happen. Watch this space in the coming days for an upcoming petition calling on the government to end the delays and extend the Aarhus Convention to Jersey. Let’s ensure Jersey leads the world for real – in openness, accountability, and environmental stewardship – rather than in keeping secrets. It’s time for Jersey to live up to its word and put the public at the heart of environmental decisions.
