FOR INTERNAL USE ONLY - Article 19

More documents

Recommendations

Info

ARTICLE 19GLOBAL CAMPAIGN FOR FREE EXPRESSIONIn Sloviansk, in the Donetsk oblast, public officials blamed the public for not being informed.They said people in their constituencies were not sufficiently politically active and did not requestinformation about developments unless they were directly affected. Public officials also blamedpeople for their lack of engagement in current issues. The Donetsk regional environmental authoritiesnoted that, despite the publication of between 100 and 150 EIAs, the public failed to comment.However, a representative of the Sloviansk city authorities stressed their failure to involve effectivelythe public in decision-making regarding the implementation of environmental policies.Public officials in Donetsk reported instances where people were consulted on theconstruction of new residential buildings and on the reconstruction of a square near the railroadterminal. A large-scale Ukrainian-British project called ‘Rosa Vetrov’, engaging the public inenvironmental decision-making, terminated in 2003, although the project implementers established anNGO (also called Rosa Vetrov) at the end of it. At the time of the project, a number of publicconsultations were organised on several initiatives, especially on new construction projects. However,according to the officials, public interest in environmental matters and NGO activism in this fielddecreased after the project ended. The head of Rosa Vetrov saw as the main reason for people’spassivity their frustration at the very minimal impact resulting from their efforts, primarily due topublic officials’ failure to respond to request for public participation.Public officials in Donetsk also complained of the media’s shortcomings, stating that inpractice media outlets agree to collaborate with environmental authorities (and cover environmentalissues) only if paid.Public officials in Kyiv admitted that corruption is a key obstacle for Kyiv residents trying toaccess environmental information. They pointed out that the head of the State Department of theEnvironment of the Kyiv Administration had apparently staffed his department with well-knownfigures linked to corporate interests. The situation is further aggravated by the extremely high demandfor land for new buildings and escalating land prices.Lack of resources and materials were also identified by officials as a significant problem. Thehead of the State Department of the Environment for the Donetsk oblast stressed that they had limitedhuman and financial resources, which restricted their activities. 303 He noted that their annual budgetwas insufficient to implement many of the much-needed environmental measures in the oblast.Another factor quoted by officials was the difficulty experienced by public bodies in gatheringor accessing the information themselves. For instance, in Donetsk, the public officials interviewedstated that no city or regional authority had a single copy of the national report that the MEP is303 Meeting with Serhiy Vladimirovich Tretyakov, Head of the Department of the Environment in the DonetskOblast. This was an additional interview by ARTICLE 19, conducted in January 2007.For Internal Use Only. Is Post-Chornobyl Ukraine Ready for Access to Environmental Information?ARTICLE 19, London, 2007(%
ARTICLE 19GLOBAL CAMPAIGN FOR FREE EXPRESSIONrequired to produce each year under the terms of the Law on Environmental Protection. The situationis slightly better with regional reports. For example, 1,000 copies of the Report on the EnvironmentalStatus of the Donetsk Oblast, Land of Our Discontent, were distributed throughout the oblast viaofficial channels. Instead, the head of the State Department of the Environment in Donetsk generallysaw no specific difficulties in accessing and collecting information. 304 He was also confident thatgovernment bodies had full access to information on the environmental effects of private businesses,and that businesses did not attempt to hide information. However, he did admit that, in some cases,there could be inaccuracies because of a lack of experts or adequate equipment.Another problem mentioned was the existence of an institutional culture which is notfavourable to freedom of information. A former public official, for example, suggested that somebodies simply used avoidance tactics when asked for ‘inconvenient’ information. For instance, when acitizen lodged requests for information on sensitive environmental issues – such as the interests of thetendering committee 305 or the city’s senior officials – with the State Department of the Environment ofthe Kyiv City Administration, the Department would draft a formal reply devoid of real content,referring the request to another body, the State Department of the Environment for the Kyiv oblast, 306where the outcome was likely to be the same.:,& 1? 8%." Many NGO and media representatives identified a widespread reluctance in public institutions to helpthose requesting information, be they ordinary citizens, civil society activists or journalists. LvivbasedNGO and media representatives felt that the momentum gained during the Orange Revolution304 Ibid305 The tendering committee is part of the Kyiv City Administration. They decide on tenders for the use of thelocal budget for environmental activities.306 Kyiv enjoys a special status regarding environmental protection thanks to the Law On the Capital City, whichgrants Kyiv such privileges as can normally be found in oblasts but not in cities. The Law established the city’sown Department of the Environment, which is an executive body that reports to the Kyiv City Administration,which, in turn, is subordinate to both Kyiv City Council and to the national executive authorities. TheDepartment of the Environment manages the funds allocated by Kyiv City Council and Administration forenvironmental programmes, and the Extra-Budgetary Environmental Protection Fund.Kyiv also hosts the State Department of the Environment, a territorial agency of the MEP present in all regions.This body has no direct influence on the city’s budget spending but is entitled to carry out an EIA on any projectthat can cause potential hazards to the environment. Oversight and control rest with the Kyiv subdivision of theState Environmental Inspectorate. An inspectorate is a body of the MEP and is present in each branch of theMinistry. It fulfils supervisory functions, including ensuring that the law is correctly implemented andmonitoring the activities of factories and, for example, forest guards. All these agencies keep large amounts ofenvironmental information.For Internal Use Only. Is Post-Chornobyl Ukraine Ready for Access to Environmental Information?ARTICLE 19, London, 2007(&
Page 1 and 2:
!" " #$%&''(
Page 3 and 4:
ARTICLE 19GLOBAL CAMPAIGN FOR FREE
Page 5 and 6:
Page 7 and 8:
Page 9 and 10:
Page 11 and 12:
Page 13 and 14:
Page 15 and 16:
Page 17 and 18:
Page 19 and 20:
Page 21 and 22:
Page 23 and 24: ARTICLE 19GLOBAL CAMPAIGN FOR FREE
Page 40: ARTICLE 19GLOBAL CAMPAIGN FOR FREE
Page 73: ARTICLE 19GLOBAL CAMPAIGN FOR FREE
show all

FOR INTERNAL USE ONLY - Article 19

Create successful ePaper yourself

Delete template?

Save as template?