FOR INTERNAL USE ONLY - Article 19

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ARTICLE 19GLOBAL CAMPAIGN FOR FREE EXPRESSIONof public interest, in many cases they fail to provide information that has been requested. In the case ofenvironmental information, they cannot easily justify refusing access on the grounds that it isclassified (as by law information on the state of the environment cannot be made secret orconfidential); as a result they give no reason for the refusal, provide incomplete information, or fail torespond to the request. As people cannot check what is and is not available, they cannot challenge theauthorities for not providing comprehensive information. Frequently, public bodies fail to provide theinformation according to the timeframe established by law. Often the information provided is notsufficiently detailed to allow proper public scrutiny. For example, the budget of the MEP is availablebut has only general headings; this is not sufficient for civil society to monitor and question publicspending.In some cases, legal documents have been adopted without consultation or even publicscrutiny. In 2006 the Cabinet of Ministers issued Decree No. 145-p, approving the Energy Strategy ofUkraine for the period until 2030. 240 Internet searches on the draft Strategy during the second half of2005 on the websites of those institutes involved in the Strategy’s development yielded only partialresults: only the Draft 7th Section of the Strategy was posted on the website of the State Committee ofEnergy Supply. Repeated public requests to receive the draft were either rejected or subject to delaysas requests were passed from one department to another. Even though the draft Strategy was discussedamong State authorities and international donor organisations, it was made public only shortly beforeits adoption.There is also no access to entire registries, such as the State Registry of Fauna. According toUkrainian legislation, 241 the Registry should comprise information on the geographic distribution ofspecies, their numbers and conditions, characteristics of their habitat and their use in modern farming,as well as other data necessary for the protection and rational use of fauna. The Registry should bepublished every five years and managed by the MEP. Yet MEP representatives have providedcontradictory information as to the existence of such a Registry: some say the Registry does not exist,even though according to other sources it has existed since 1994. Others say that the Registry is in adatabase format that cannot be disseminated. If this is the case, it raises the question as to why it is notpublished or made public in another format so that it is accessible to all interested parties. 242240 Decree of the Cabinet of Ministers of Ukraine On the Approval of the Energy Strategy of Ukraine for thePeriod Until 2030, 15 March 2006, No.145-. The main body involved in the development of the Strategy wasthe Institute of General Energy at the National Academy of Sciences of Ukraine, with the participation of an adhoc commission with members from the Ministry of Fuel and Energy of Ukraine.241 Article 51 of the Law on Fauna and Decision of the Cabinet of Ministers of Ukraine On the Management of aRegistry of Fauna, 15 November 1994, No.772, Collected Decisions of the Government of Ukraine, 1995, No.1,p.27.242 Information from EcoPravo-Kyiv.For Internal Use Only. Is Post-Chornobyl Ukraine Ready for Access to Environmental Information?ARTICLE 19, London, 2007',
ARTICLE 19GLOBAL CAMPAIGN FOR FREE EXPRESSIONIn some cases the authorities have referred those requesting information directly to theoriginators. For example, when, in May 2007, EcoPravo-Kyiv requested details of the layout of thecity of Kyiv, the Kyiv city authorities stated that the request should be submitted to the privateinstitution that had been commissioned to undertake the technical task of preparing the city plan.The KHPG, which has tested the system by submitting several information requests, reportedthat, in the vast majority of cases, the requests were not acknowledged within 10 days. 243 When theKHPG did receive an answer (either late or after repeated requests), the organisation was often deniedthe information on the basis that it was ‘government property’, ‘for official use’ or ‘confidential’, orthey were referred to another government body. 244 Although there are sanctions for illegitimate denialof information, these are normally not imposed. 245Finally, information on nuclear energy and waste is effectively restricted for various reasons.Firstly, the authorities may refrain from revealing details of potential health hazards in order topromote or protect nuclear energy as an energy sector. 246 Secondly, the Ukrainian government is oftenreluctant to expose problems related to the legacy of Chornobyl because it could damage Ukraine’simage internationally as a favourable place for investment. 247 Thirdly, the Chornobyl disaster and theinternational aid following it have given rise to corruption, such as misappropriation or diversion ofaid money, which thrives in situations of secrecy and lack of accountability. Lastly, the population’sresignation to the legacy of Chornobyl and the unpleasant truths behind it does not contribute to aclimate where the boundaries of transparency on this and other nuclear issues are pushed forward.= 7" 6Of particular concern has been the use by government officials of stamps saying ‘not for publication’,‘not for printing’ and ‘for official use only’ – classifications which are not defined in law. They are insome cases also used on information that relates to the environment, regardless of the fact that the lawprohibits the classification of environmental information. For example, access to the layout of Kyiv(including information on town planning until 2020) 248is restricted. The document containsenvironmental information (such as details of green zones, roads and the transport system) and243 As instead the law provides. See Section 4.4. The information requests were on issues including the deathrate, suicides, pensions, unemployment, education and prison conditions.244KHPG, “Secret Materials which the Regime Concealed under Stamps “Not to be Printed” and “Not to bePublished”, Prava Ludyny, 22 April 2006, http://khpg.org.ua/en/index.php?id=1145710178.245 A court might simply order a body to release information, with no sanctions. See Section 4.8.246 Interview with Volodymyr Usachenko, see note 54.247 Interview with the Civil Defence Institute, see note 80.248 Approved by Decision of the City Council of Kyiv On the Approval of the General Layout of the City ofKyiv and the Planning of Its Suburban Zone for the Period Until 2020, No. 370/1804, 28 March 2002,Kreschatik, 2002, No. 110.For Internal Use Only. Is Post-Chornobyl Ukraine Ready for Access to Environmental Information?ARTICLE 19, London, 2007'+
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