In 1998 in the course of
the 4th Ministerial conference “Environment for Europe”
which took place in Aarhus, Denmark, the Republic of Belarus signed a convention on Access to
Information, Public Participation in Decision-making and Access to Justice in
Environmental Matters (the Aarhus Convention).
In addition, our country also has obligations under
the Convention on Environmental Impact Assessment in a Trans-boundary context.
Countries that signed the Espoo Convention in Finland
are obliged to inform each other if the planned activities in one country may
have a trans-boundary effect in another.
The construction of a NPP in Belarus
is an issue that concerns Belarusians as well as the neighbouring countries: Russia,
Ukraine
and the Baltic States.
Therefore officially the Belarusian authorities are bound to comply with their
international obligations and follow democratic procedures, such as ensuring
public consultations while making decisions on crucial issues for the country.
The
construction sight not approved yet though hearings will take place in
Ostrovets
A sociological poll in 2007 (the one the officials
refer to) showed that 59 % of the inhabitants of Belarus
supported the construction of a Nuclear Power Plant. The authorities promised
to set up in 2009 – 2010 a supplementary assessment in order to complement this
data.
Although the final decision with regard to the
construction sight for the NPP has not been adopted yet, there are three sights
under consideration: Kukshtyny, Krasnopolie in Mogilev Oblast and Ostrovets in
Grodno Oblast. The priority is given to the Ostrovets sight, which is extremely
close to the border with the European Union. In the meantime, a leading
production engineer of the Direction of the construction of a Nuclear Power
Plant, Mikhail Zhuk, said it was too early to talk about Ostrovets as about the
final option, due to the fact that public hearings were still to take place in
this regard.
Public consultations regarding the environmental
impact assessment of an NPP on the environment were planned to take place on 9
October. They will be held in a village Ostrovets. Activists of the Belarusian
Anti-Nuclear movement show their concern and consider these hearings as ‘pro
forma’ only - they believe the authorities have already made their decision
without consulting with the population.
They have two arguments:
Firstly, on 27 August 2009 Mr.
Aleksander Lukashenko said in the course of a meeting with the Russian President
Dmitry Medvedev, “in 2010 we shall start a joint project on the construction of
a power plant”.
Secondly, in Ostrovets region in the section between
the village Goza and Mikhalishak in the direction of Valeikuny, a large-scale
road construction works were started already. The alleged construction sight
for NPP is located near Valeikuny.
What about
our neighbours?
Public hearings related to the environmental impact
assessment of the construction of a NPP constitute a usual international
practice. In the neightbouring Russia,
for instance, a year ago took place public hearings on the usage, deactivation
and placement of nuclear wastes of the Novovoronezhsk NPP. On 4 September 2009
public hearings took place with regard to the construction of Nizhegorodsk NPP.
Prior to the construction of the gas pipeline Nord Stream in the Baltic
Sea (which would affect Russia,
Finland,
Sweden,
Denmark
and Germany),
over 30 public hearings took place in all of these countries. As a result,
proposals and amendments were taken into account and the initial project has
been changed substantiallly
Full support from the Ministry of Environment
The main goal of the hearings in Ostrovets, claim the Belarusian
authorities, is to take into account to the maximum possible extent opinions of
the wide range of the society, scientist and experts in order to minimize the
negative impact of the construction and later exploitation of the NPP on the
environment. Today state institutions involved are preparing their assessment,
proposals and remarks.
The Ministry of Natural Resources and Environmental Protection has
already prepared its assessment, “Overall a NPP is environmentally sound. At a
stage of pre-construction preparations of the territory and during the
construction there is a possibility of insignificant impact on soil, flora and
fauna… However the mentioned above changes will not have a negative impact on
the ecosystems adherent to the borders of the NPP sight”.
“Scientists for nuclear-free Belarus” against
The civil
sector is also working on its assessments, proposals and remarks. In spring
2009 a civil movement “Scientists for nuclear-free Belarus” was founded, its
members list a prominent expert on tectonic faults and micro-seismic zoning
professor Pavel Ontrushkevich, a liquidator of the consequences of the
Chernobyl NPP accident, Ph D in technical science Georgy Lepin, a liquidator
and a correspondent member of the National Academy of Sciences Ivan
Nikitchenko, ex-President of the National Academy of Sciences, Academician Aleksandr
Voytovich, a Nuclear Physicist Yego Fedushin. At the moment they are working on
serious scientific justifications, calculations and studying possible
consequences.
Whether
authorities are bound to listen to the voices of the public
A lecturer of the Civil Law Department of the Law Faculty of the BelarusianStateUniversity, a lawyer
and a consultant of the Belarusian Aarhus Centre Elena Layevskaya says, “It is
difficult to say whether the authorities will hear. In accordance with the
international conventions there is a concrete obligation, i.e. to hold public
hearing, to organize a discussion and to listen to the people’s remarks.
However there is not a country in the world where there were requirements to
take into account every single remark of the society. Entire world practice in
this regard, both in Europe and in America, is
constructed around a requirement to hold public hearings at different stages”.
The practice shows that some remarks are taken into consideration,
others are simply ignored. Public hearings is not the only opportunity, it is a
part of the numerous other democratic instruments. Those who do not agree with the
results of the public hearings have a right to address to the judicial
institutions, including international courts and to demand the abolishment of the
decision that did not comply with the ecological legislation. Unfortunately
citizens of Belarus have a
negative attitude with regard to court proceedings, considering it as
additional barriers. a lawyer and a consultant of the Belarusian Aarhus Centre
Elena Layevskaya believes these stereotypes need to be broken, “Trial is a
normal procedure for solving a conflict. Another positive moment, another
benefit of a trial is that it allows disseminating information, attracting
attention to the issue, encouraging other people’s interest to the matter. Besides
Belarusian courts, there is also an International Committee on the compliance with
the Aarhus Convention. Belarus has an
obligation to comply with its international commitments. Therefore one should
go till the end in order to reach his/her goals. One should not have illusions
that he or she will be heard. One should look for experts who could briefly,
correctly and convincingly formulate all the contradictions with the existing
legislation. All objections should be scientifically justified and in a written
form. General politicized criticism and picketing would only make things worse”.
Unfortunately few Belarusian citizens are aware of their right for
favourable environment and believes in the power of this right, stated in the
article 46 of the Constitution of the Republic of Belarus.
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