FOR INTERNAL USE ONLY - Article 19

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ARTICLE 19GLOBAL CAMPAIGN FOR FREE EXPRESSIONhad been lost, with the government re-embracing secrecy and undemocratic ways following a shortperiod of increased openness. 307Journalists interviewed in Kyiv stated that they received only limited information from Statebodies. One remarked: ‘We get from the authorities only the data they want to give us and nothingmore.’An NGO respondent from Kyiv listed the existing problems as the ‘red-tape of beingrepeatedly referred [to other bodies] and overformal replies, public officials’ disinclination to take anyaction, fears of losing one’s position, corruption and the total absence of oversight and enforcementmechanism in the judicial bodies.’An environmental NGO from Lviv echoed this statement, saying that although public officialsusually do reply to inquiries, frequently their overly formal answers lack the specific information thathad been detailed in the request. Interviewees from Kyiv-based NGOs stated that responses (ofvarying quality) were received in only half of the cases, despite the fact that the requests were formallyregistered and often contained references to the Aarhus Convention. Overall, NGOs in Lviv felt thatofficial documents were provided with great reluctance, if at all.Similarly, NGOs in Donetsk reported having to make strenuous efforts to obtain information,by addressing all accessible public sources, and that they were granted only superficial information.An environmental NGO in Lviv summarised the main reasons behind refusals as follows:• Unavailability of the document, even when by law the authority must have it.• Refusal to release a document on the pretext that this is necessary to protect the privacy orintellectual property rights of a third party (the NGO believed that these rules were abused).• Procedural obstacles: although the law states that information has to be provided within onemonth, within this timeframe the authorities frequently only send a formal letter stating thatthe information is available but that a payment has to be made, while the information on howthe payment is to be made may well be missing from the letter causing unnecessary delay andcomplicating the process.• Groundless classification of information as intellectual property, in some cases based on theassumption by a public official that the information might be confidential.Many NGOs reported that often no justification is provided when information is not granted.307 Separate ARTICLE 19 interview with the NGO Environment-Law-People and with local journalists writingon environmental issues (Yelena Dub of the Media Club TV channel and Vera Karpiskaya of Lvivskaya Gazetaand Gazeta po Kievski newspapers). In 2007, the NGO Environment-People-Law was implementing a project onaccess to environmental information focusing on strategic litigation.For Internal Use Only. Is Post-Chornobyl Ukraine Ready for Access to Environmental Information?ARTICLE 19, London, 2007('
ARTICLE 19GLOBAL CAMPAIGN FOR FREE EXPRESSIONNGOs interviewed in Lviv noted that most public officials have some familiarity with legalprovisions on access to information, but that they sometimes use this knowledge to obstruct accessrather than to facilitate it. In contrast, NGOs in Donetsk noted that hindrances to the free flow ofinformation were often the result of public officials not being fully aware of their responsibilities andthe local legislation. 308Some of the authorities’ replies were not merely unhelpful, but dismissive and evenpatronising. They reveal that many public officials have little appreciation of the public’s right toknow. For example, a woman from Sloviansk contacted the authorities for information about thefelling of trees for the construction of a car park. She was simply told that the trees were felled legallyand according to approved plans, no details of which were provided. They added that the trees had tobe cut because they were ‘poplars that generated fluff’ and that the areas would be improved by thenew trees being planted. 309NGOs in Lviv noted that public authorities frequently instruct people seeking information torequest documents directly from the originators, such as companies and factories, which, in turn, donot always disclose the relevant information and – importantly – often do not have a legal obligationto disclose information.NGO representatives stated that they believed personal connections were of paramountimportance in obtaining information. As one NGO representative said: ‘The personality factor is thekey issue. If an official dislikes you he won’t provide any information, period.’ Others reported thattheir professional background could be an obstacle. Public officials sometimes seem to find it difficultto relate to NGO representatives or journalists. Officials have sometimes blamed ‘grant-eating’ NGOsand journalists for ‘artificially’ creating problems where none exists. 310According to a number of NGO representatives, some regional and local government officialsthink it wiser not to disclose any information because of their distrust of journalists and NGOs. On theother hand, journalists and NGO representatives might choose to avoid public officials because theseoften perceive them as ‘troublemakers’. 311 Therefore, in order to obtain up-to-date and, even moreimportantly, accurate information, both NGOs and journalists from the three oblasts stated that theyroutinely use personal contacts, which appears to be more effective than using official channels.NGOs in Lviv highlighted the positive results of litigation. Institutions sued several times forillegitimate and untimely release of information tend to improve their performance. In the context of alawsuit against the MEP, one NGO activist remarked: ‘The agency was taught to provide information.308 The Law On Local Self-Government was mentioned.309 Interview with Oleg Listopad, see note 82.310 Separate ARTICLE 19 interview with environmental journalists in Lviv.311 Ibid.For Internal Use Only. Is Post-Chornobyl Ukraine Ready for Access to Environmental Information?ARTICLE 19, London, 2007((
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FOR INTERNAL USE ONLY - Article 19

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