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participation
in decisionmaking in
Kazakhstan
INTERNATIONAL LAW PERCIEVES THE RIGHT FOR INFORMATION NOT AS A SPECIFIC RIGHT OF
NON-GOVERNMENTAL ORGANIZATIONS, BUT AS A RIGHT OF EVERY HUMAN BEING.
Currently there are several reports and research papers covering the role and
development of the non-governmental sector in the Republic of Kazakhstan. The
role of ecological non-governmental organizations (NGO) is mainly reviewed in
the overall context of NGO development. Only a handful of organizations
conducted specific assessments of ecological NGO development. Greenwomen
Association carries out these types of research projects on a regular basis.
Nowadays we focus on two key aspects of the partnership model involving
ecological non-governmental organizations and national governments:
As related to access to information and public participation in ecological
decision-makingAs related to human rights
Developed countries
In democratic societies public ecological organizations and governmental
agencies cooperate with each other based on supremacy of the law. In Europe
parliaments adopted laws, executive branch ensured their implementation, while
police and courts were overseeing enforcement. Within last several decades the
concept of democratic society has been modified:
It is widely recognized that public ecological organizations have the right to
express their own opinions and are entrusted with representing public interests.
UNLIKE GOVERNMENT AGENCIES NON-GOVERNMENTAL ORGANIZATIONS DO NOT HAVE THE
MANDATE BESTOWED UPON THEM AS A RESULT OF DEMOCRATIC ELECTIONS. HOWEVER, FROM
THE POLITICAL POINT OF VIEW DEMOCRATICALLY ELECTED COUNCILS OF THESE
ORGANIZATIONS ENLISTING HUNDREDS OF THOUSANDS MEMBERS CAN BE PERCEIVED AS
CAPABLE OF APPLYING FOR SUCH A MANDATE.
Throughout the world cooperation among official power structures and the general
public serves as the precondition for effective policy making in the
environmental sphere.
This premise has been continuously stressed in the international environmental
law. Practically all recently adopted international legal instruments refer to
the need for guarantees related to ACCESS TO INFORMATION AND PUBLIC
PARTICIPATION IN DECISION-MAKING. The XXI Century Agenda (adopted in
Rio-de-Janeiro in 1992) contains a developed provision outlining recommendations
regarding mechanisms and procedures for cooperation among governmental entities
and public ecological organizations, as well as means of support:
• Develop partnership relations
• Support independence of NGOs
• Develop mechanisms and procedures for cooperation
• Effectively support NGOs (including appropriate financial means)
• Facilitate policy making and programming
• Ensure access to databases, information
(Appropriate provisions of the XXI Century Agenda are included in Chapter 8
“Environmental consolidation and development in the decision-making process” and
in Part III «Empowerment of key public groups and organizations”, and,
particularly, in Chapter 27 “Empowerment of non-governmental organizations
partnering for sustainable development”).
Public right to access information and participate in decision-making can be
perceived as the fundamental standard of international ecological law. In
addition to the XXI Century Agenda several international agreements and
conventions contain related provisions.
• Governing principles of EEC: before making decisions governments must develop
measures to ensure accounting for positions of non-governmental organizations
• Ministerial Declaration or OECD guidelines related to “Registries of
pollutants emission and transfer”.
In developed countries cooperation between government entities and public
ecological organizations in the sphere of environmental protection is based on
traditions acknowledging important community role and high potential of
non-governmental organizations:
• Clear transparent laws defining status of non-profit entities:
• Adequate financial support of public ecological organizations (including
general public, donor agencies and government funding).
Eastern Europe
In countries in transition there are almost no developed models of relations
between governments and public ecological organizations. The role of the third
sector is still poorly defined.
Ecological non-governmental organizations are rarely involved in ecological
decision-making processes. NGO involvement is primarily (but not exclusively
considering diversity of NGOs and methods used to carry out actions) confined to
involvement in arguments and conflicts following arbitrary decisions made by
authorities. The root cause of this situation is defined by the fact that
Eastern European countries continue to follow the dominant classical liberal
theory allowing for rapid development of independent civil organizations, which,
nevertheless, disturb internal democratic balance of these systems. Classical
theory postulates that authorities must try to represent interests of the public
at large ignoring particular interest groups because legitimacy of power is
defined by democratic elections. Thus, the model assigns higher values to votes
of certain individuals perceived by authorities as key partners ensuring
stability of legally-defined democratic governance structures.
Current situation in which NGOs are treated as opponents rather than important
partners in the decision-making process leads to a number of negative
consequences in the sphere of ecological policy-making. Social expenses increase
hindering effectiveness as a result of redirecting efforts at conflict
resolution as opposed to environmental issues. Consequently, all parties feel
deceived and disappointed. NGOs continue to mistrust government agencies and
formal procedures inherited from previous systems.
However, within last three years a number of Eastern European countries
introduced amendments and improvements to their respective legal acts
facilitating greater NGO access to information and participation in resolving
ecological issues.
From the standpoint of international law financial issues are still a novelty
for Eastern European countries. With regard to financing principles the XXI
Century Agenda postulates that resources of the organizations are not adequate
for their full-scale operations. EEC Governing Principles, Ministerial
Declaration and Orhus Convention all call for adequate financial support for
ecological NGOs.
The Republic of Kazakhstan
Status of ecological non-governmental organizations
Constitution of the Republic of Kazakhstan defines key provisions related to the
legal status of NGO activities. However, even in the Constitution the rights of
NGOs are infringed by provisions stipulating that general public can not
interfere with government actions and that NGOs can not receive funding form the
country’s budget.
Currently the State starts to address NGO-related issues by developing to draft
laws “On non-governmental organizations” and “On state social orders”.
However, the draft law “On non-governmental organizations”, developed by a task
force of the Ministry of culture, information and public accord, has become a
target for sharp criticism by some non-governmental organizations. Several
organizations have expressed outright disagreement with the draft law, others
requested significant modifications to be introduced into the document. Those
opposing the draft law insist that it will lead to significant deterioration of
the legal status of non-governmental non-profit organizations. Fundamental
disagreements result from the provision introducing a direct ban on NGO
involvement in policy-making. However, a number of experts believe that, for
example, ecological and disabilities issues often forgotten by authorities can,
also, be viewed as political ones making activities of a number of NGOs illegal
on “perfectly legal grounds”.
There are more than four thousand ecological non-governmental organizations
registered in Kazakhstan. However, only about 300 organizations carry out
regular coordinated actions implemented in different regions and at various
professional levels.
Three groups of factors lead to differentiation of NGOs in Kazakhstan:
Historical and cultural: characteristic for key industrial centers, such as
Almaty, Karaganda, Ust-Kamenogorsk, Astana and resulting from historical
environmental protection traditions, unity and continuity of traditions, strong
ecology-related professional networks.
Ecological: depends on environmental threat levels in affected areas and
educational levels of local communities with particular leaders and specialists
professionally involved in dealing with environmental protection issues:
Semipalatinsk, Aralsk, Kzyl-Orda, Pavlodar.
Organizational: based on internal spontaneous developmental mechanisms and
nation-wide targeted actions, opportunities to gain experience and undertake
actions.
In 2003 overall approach to cooperation between authorities and NGOs is
profoundly different as compared to 1999 model.
Significant improvements have taken place in relations between NGOs and
Environmental Protection Ministry. In 1999 a working meeting of the Forum of
ecological organizations was organized with participation of the representatives
of the Ministry leading to development of a set of documents and an action plan
outlining specific areas for cooperation, such as: radiation security,
industrial pollution, preservation of biodiversity and prevention of soils
degradation, as well as ecological education. In these areas cooperation between
NGOs and the Ministry has been developing up till now. Hence, the Ministry
expressed its willingness to cooperate with NGOs and recognized the role of the
ecological movement.
Following an initiative of Environmental Protection Ministry, in 2000 NGOs,
Parliament and the Ministry signed a Memorandum on cooperation. The Memorandum
recognizes the need for cooperation and definition of the key principles for
interaction. Within last several years several Ministries have been searching
for ways to interact with NGOs, however, it is too early to discuss any major
practical results.
Since 1999 gradual, but profound qualitative changes are taking place within
Kazakhstan’s ecological movement leading to its development and specialization.
A rational strategy is guiding “green” movement’s actions. Specific alternative
proposals augment campaigns and actions.
Specific coordination mechanisms have been established and develop in key
topical areas.
These areas include:
Radioactive security;
Water resources;
Biodiversity;
Forestry campaign;
Raising NGO profile in implementing key environmental protection conventions:
NGO involvement in the global process aimed at liquidation of persistent organic
pollutats (POPs);
Genetically modified organisms (GMOs) etc.
In a number of instances government agencies have recognized groups of NGO
representatives working in these areas as civil partners for policy discussions
and development of actions, projects and commentaries to appropriate legislative
acts. However, currently ecological non-governmental organizations are not fully
involved in the process of cooperation. A lot remains to be done to make sure
that government agencies treat ecological non-governmental organizations as real
partners capable3 of being involved, for example in parliamentary hearings,
national and international governmental forums. Cooperation between NGOs and
governmental agencies is particularly important at the local level in dealing
with local and regional authorities to improve ecological situation and resolve
issues at the local level ensuring more effective and rapid responses to
existing challenges.
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