PROJECTS

Access to information and public participation
 in decisionmaking in Kazakhstan

Participation in decision-making processes

Current Kazakhstan’s legislative framework defines certain procedures providing for individual appeals to state agencies and organizations in the form of letters, complaints, addresses and proposals concerning environmental protection matters. Citizens have the right to insist on reviewing the appeals. Presidential Decree having the status of the Law “On review procedures concerning appeals from individual citizens” outlines mechanisms helping to exercise this right. In accordance with the Decree, citizens have the right to “propose organization of public ecological expertise and take part in such expertise”, “demand adequate consequences for concerned organizations, officials and citizens”, “file law suites to compensate for damages to health and property caused as a consequence of non-compliance with environmental protection legislation”. Chapter 8 of Kazakhstan’s Administrative Code and Chapter 11 of the Criminal Code qualify certain acts of officials and individual citizens as administrative misdemeanors in the sphere of environmental protection and ecological crimes.

In reality the right for public participation looks differently.

People witness destruction of nature around them. However, their silent reproach can be perceived as participation. The vast majority of people are highly inert and not inclined to defend their rights through the justice system. Ms. Tatyana Kvyatkovskaya, Deputy of the Parliament’s Mazhilis, believes that common citizens can not possibly decipher complicated legal procedures, let alone defending his or her individual rights. A single person will not be able to afford hiring a competent lawyer. Thus, there is an acute need for experienced public lawyers, promotion of laws and legal education of the general public.

In Almaty environmental protection department has very limited human resources and can not actively influence decisions of the city administration. At a seminar organized in April 2003 the Head of Almaty environmental protection department, Mr. Evgenii Shatov, called for the general public to provide information about activities endangering the city’s environmental conditions.

For example, cutting trees is a commonplace practice in Almaty. Those breaking the rules are subject to small penalties (approximately 500 USD for several dozens grown up trees), which do not prevent them from continuous destruction of trees. Hence commercial interests seem to be more important than ecological ones.

People living in an apartment building near “The Students’ Palace” (Lenin avenue in Almaty) demanded to stop cutting trees growing around their apartment complex. They even called the police. In the end, citizens lost in the battle with business interests and 249 grown up tress were laying dead.

In the fall of 2002 the territory adjacent to the apartment complex was surrounded by a concrete fence. Outraged citizens sent more than 1000 telegrams to different government agencies. They also met with Almaty Mayor, Mr. Khrapunov. The Mayor provided a direct response – people living in a building own only 2 meters (6 feet) of adjacent territory surrounding their apartment complex. The rest of the territory is public property and Mayor’s office has the right to manage the territory in accordance with its priorities.

Citizens were not satisfied with the response and organized 24-hour park patrols to protect the trees. Authorities came up with a straightforward counteraction: brought in special police forces armed with riot gear and machine guns and cut the trees!

Greenwomen correspondents approached the architecture and planning department, environmental protection department and Almaty city Mayor. All officials tried to redirect correspondents to other city government entities. When an article concerning illegal cutting of trees had been published in one of the newspapers, a high ranking city official called the editor of the newspaper and asked not to publish similar articles in the future.

Later on remaining trees were dug out and taken away, while citizens living near by were given an explanation that the tress would be re-planted at a different location.

Almaty city Mayor issued an executive order requiring all entities breaking the rules to provide compensation for damages by planting equal numbers of trees to replace the ones that were cut down. However, no one knows whether this executive order is enforced. Most likely, half dead bushes and trees get planted on the outskirts of the city

A similar situation has taken place in Shymkent, where all trees were cut down in a local park to start construction of elite cottages for high-ranking officials. The editor of a local independent newspaper who had dared to publish a critical article concerning the matter was beaten up near his own house and taken city hospital with multiple wounds. Before the incident the journalist received multiple calls with threats of physical violence if the newspaper continues its investigation. Experts link criminal acts to the journalist’s professional interests.

One more case. While constructing a boutique on Zhibek Zholy street in Almaty contractors violated all sanitary, fire protection, ecological and seismic norms. Concerned citizens organized 24-hour patrols of the construction site preventing construction workers from continuing the project. Members of the self-organized citizen patrols got into numerous fistfights with local police officers. However, appeals and acts of protest did not help to rectify the situation. Construction was completed with uniformed police officers armed with machine guns providing constant cover for the construction site. Some time later, Almaty Deputy Mayor, Mr. Yakov Zayaz concurred that a mistake had been made and the boutique should not have been built at the disputed location.

Only in a small number of cases general public was able to protect its interests with several media agencies providing coordinated on-going support for public actions.

A project called for construction of a business center in place of a park at the crossroads of Kurmangazy and Pushkin streets in Almaty. Representatives of the general public from surrounding districts contacted appropriate government agencies and the media to stop implementation of the project. Currently construction of the business center is on hold.

Thanks to public actions and media intervention local authorities abandoned a project providing for electric power lines construction to supply elite cottages on the slopes of Kok-Tobe mountain – a favored recreation place and a unique ecological system located on the outskirts of Zailiiskii Alatau.

Experts believe that a special provision has to be introduced into Kazakhstan’s legislative acts clearly defining the rules of public participation in decision-making (for example, construction and deforestation permits), projects sanctioning particularly in instances requiring implementation of environmental impact assessments.

Also, legislative acts should contain a requirement for authorities to develop lists of NGOs, which, in accordance with their objectives, should receive notification regarding appeals of certain organizations to government entities regarding planning and construction permits, as well as implementation permits for projects requiring environmental impact assessments.

Legislative acts should include binding guidelines for authorities responsible for making decisions requiring public participation to undertake the following actions before the decision is made and before launching official decision-making procedures:

- inform the general public about receiving an application for review and appropriate decision-making. Text of the application should be deposited in a publicly accessible place. Comments and commentaries should be issued within a specified timeframe (counting from the moment of issuing an appropriate public notice). Also, a specific location should be designated for the general public to deposit recommendations and commentaries;

- organize administrative hearings open for representatives of the general public;

- review submitted recommendations and commentaries and inform the general public whether the recommendations were taken into account in the decision-making process.

Organizational structures of governing bodies

Environmental Protection Ministry does not have a designated public relations specialist. Several different staff members fulfill public relations functions and distribute official information. For example, for over two years (1999-2001) Assistant Minister, Mr. Ayazbaev and Orhis Convention Coordinator, Ms. Shakirova actively distributed press-releases and general information targeted for NGOs and the media. Currently, as a result of the relocation to Astana no one in the Ministry is responsible for regular public relations activities, information is distributed sporadically. In Almaty Environmental Protection Department there is a staff person responsible for public relations – Mr. A Belyalov, Public relations specialist. However, the Department has no electronic means of communication. Staff members complain about the need to obtain high level approvals before providing any official data.

Former Soviet countries do not have any traditions of working with the civil society.

A private individual could obtain any information only by applying directly to the head of a particular government agency. Government agencies did not work directly with private individuals and NGOs. Government officials monopolized all decision-making processes. In some instances, private individuals were able to obtain information applying personal connections or instigating media coverage. There were no alternative information channels.

Little has changed since that time.
The key rule remains – agency-specific interests are paramount, national interests and rights of individual citizens are secondary.

Last several years witnessed development of press services. However, press services primarily limit their operations to working with the media. As a rule, the vast majority of press services release limited information and distribute it among particular contacts within media agencies or by involving press clubs.

Sometimes government agencies have to provide information when NGOs or groups of citizens request information and unwillingness to respond may negatively resonate with the general public, erupt in a scandal or a social conflict. In some instances government agencies have had to provide information to people staging a public gathering or a demonstration. However, usually this represents a demand to take urgent actions related to previously committed violations.

For example, citizens of Almaty appealed to local authorities to stop construction of a gas station in close proximity to an apartment complex. NGOs tried to protect rights of individual citizens, but to no avail. Construction of the gas station was completed. Citizens had to face extensive red tape and unwillingness to produce any documents authorizing construction of the gas station.

Often government agencies deliberately preclude private individuals from seeing various regulations and related documentation.

For example, Mr. Makataev, a journalist, used his private connections and obtained regulations mandating government agencies to provide compensation for material damages caused to owners as a result of dismantling country houses. Mr. Makataev owned a small plot of land and a small house on the territory designated for construction of expensive private cottages. Current owners of country houses received compensation calculated based on government prices vastly different from existing (actual) market prices. Mr. Makataev decided to act based on regulations requiring the state to provide compensation for the lost value of future crops, destruction of grown up trees, the value of auxiliary facilities etc.

The practice of hiding legal acts and regulations from private individuals is flourishing in all spheres. Authorities may publish some of the regulations if it suits agency-specific interests.

The same principle applies to construction in Zailiiskii Alatau national park located in Medeo valley. Almaty Mayor cites that he can not ban construction of houses, restaurants and casinos on the territory of the national park since Almaty Regional administration is responsible for these territories. The Head of Almaty Regional administration, also, refuses to address these issues. These temporary administrators report only to their direct supervisors and not to the general public.

Kazakhstan needs clear procedures related to distribution of information, as well as, more intensive document work flow relying on electronic communication means. Experience of developed countries should be employed to improve contacts between Environmental Protection Ministry and NGOs.

Some Eastern European countries have created Education and Public Relations Bureaus (for NGOs and the media). Objectives of the Bureaus include:

- representation of the national environmental protection policy;

- program development and organization of ministerial actions in the sphere of education and ecological information;

- development of environmental protection support initiatives;

- promotion of ecological education and distribution of information;

- coordination of contacts among NGOs, organization of meetings, seminars, round tables, facilitation of NGO participation in ministerial advisory bodies.

These functional divisions usually report to the appropriate Minister and constantly develop acquiring new competent staff members and actively employing electronic communication means.

Organizational structures inside the ecological movement

The ecological movement consists of hundreds of organizations having different positions and employing various work methods. More effective development is usually characteristic of organizations feeling the need to act. Organizations have various capabilities and developmental potentials.

Classification of organizations

Beginners – up to 1 year
Organizations do not have clear strategic development plans. Several leaders usually manage organizations through the beginning stage. These organizations have limited work loads. Available resources allow to publish several brochures, carry out some actions, and fulfill registration requirements.

Organizations up to 3 years of age
Organizations experience growing overhead expenditures (rent, communication lines, office equipment). However, limited numbers of projects can be implemented simultaneously. Usually professional management intervention is required to develop information flows, design democratic decision-making processes, create appropriate strategic planning mechanisms etc.

Specialization stage (up to 5 years of age)
Organizations have high operating expenses implementing several projects simultaneously. Organizational activities reach a certain level of stability. Organizations develop internal structures providing favorable psychological atmosphere and management systems supporting and uniting all staff members. Other structures start to perceive the organization as a partner.

Professional stage (over 5 years of age)
Organizations have long-term action plans. Effectiveness of operations is quite high. Organization becomes a partner of national level institutions. Usually organizations have sufficient technical and human resources. Organizations tend to implement more balanced strategies characterized by deeper understanding of issues and greater decision-making flexibility.

In Eastern Europe there are about 20 organizations which have passed specialization stage with only 3-4 organizations which have passed professional stage.

Within last several years Kazakhstan’s ecological movement has been characterized by profound qualitative changes. Undertaken actions represent an outcome of a rational strategy. Projects are currently underway to coordinate the movement and actions of individual organizations. Informational networks have been established. Ecological NGO meetings take place on an annual basis.

Annual NGO meetings

Organized regularly since 1997. Each meeting has had its pros and cons. Overall trend – development of action strategies and strengthening of environmental protection campaigns. Up till now absence of many leaders and executives was among the key weaknesses of the meetings.
In Kazakhstan national level meetings of the ecological movement undoubtedly represent the largest and most important event of its kind. These meetings should be actively utilized to adopt strategic decisions. Meetings provide a forum for development of politically important documents. However, large NGOs do not value participation in these meetings and do not seem to understand their own potential advantages.

Similar events take place at a higher level inside the ecological movement. For example, development of NGO groups interested in resolving one or several common issues.

Some non-governmental organizations believe that Kazakhstan’s ecological forum does not adequately address the following objectives:

- facilitate the flow of information
- ensure cooperation among the largest organizations
- encourage smaller organizations to join nation-wide campaigns
- strengthen environmental protection campaigns
- develop principles for common decision-making processes with the ecological movement
- foster more active cooperation between individual organizations and existing networks
- develop a common strategy
- facilitate cooperation between the ecological movement and the corporate sector
- formulate principles ensuring effective access and distribution of information
- increase effectiveness of operations of ecological organizations by supporting greater involvement in decision-making processes at the governmental and parliamentary levels.

Interaction between ecological NGOs and the government is confined to a relatively limited spectrum of issues and takes place primarily in the form of informal attempts to influence policy development and legislative decision-making.

Effective contacts with the Parliament are, also, fairly limited. Rules for NGO involvement in parliamentary commissions are unclear, as well as, rules for general public participation.

There are only few examples of the government and the Parliament expressing interest towards more active cooperation with the ecological movement.

Conclusions:

In Kazakhstan access to information does not meet the criteria set forth by the international law.

Changes should take place in the following spheres:

Access to information
Participation in decision-making

Cooperation between the government and NGOs should take place based on the following principles:

NGOs should:
• exclude monopoly practices;
• employ multiple avenues for interaction and cooperation;
• study public governance methodologies;
• study informational flow management laws;
• study laws governing particularities of decision-making processes.

Government should account for advantages represented by NGOs in the following spheres:

• Ability to demonstrate alternative approaches and points of view;
• Ability to account for alternatives;
• Ability to carry out free of charge testing and analysis;
• Develop public support;
• Conduct monitoring;
• Reduce social tensions and conflicts;
• Ability to demonstrate a variety of specialization types
• Ability to demonstrate different levels of development

Financial aspects

If urgent changes do not take place in the way grant funds are distributed in Kazakhstan NGOs will find themselves in increasingly more difficult circumstances. The challenges are aggravated by decreasing amounts of foreign financial resources targeting ecological issues and by the fact that a number of donor agencies are scaling back their operations.

The vast majority of active organizations currently exist based on support of international donors from developed countries.
Organizations with sufficient resources to implement multi-year projects achieved particularly positive results.

Organizations having inadequate support and resources will not be able to act as serious partners in the dialogue with government agencies. This may lead to desperation and disintegration of large influential organizations.

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