Why public hearing so uncommon in Belarus?

Public hearings is a mechanism of the participation of the society in the decision-making process on issues that may impact people’s health, lifestyle and have a negative impact on the environment. According to the Constitution of the Republic of Belarus, every citizen has a right for unlimited access to information, with an exception of information constituting a state secret.

Why should there be public consultations?

The aim of the public hearings is to inform the interested public and to discuss freely and openly various views on the issues in order to elaborate compromised and mutually acceptable decisions. The subject of hearings should be formulated clearly; information about the hearings should be disseminated in the media; there should also be access to documented information. As a result of the hearings a final document is produced, which reflects issues all participation in the hearings parties agreed upon, as well as issues parties could not agree or disagreed upon, including critical remarks and alternative proposals.

Public hearing require from its initiators relatively significant and substantial organizing and informational resources. The organizers should also have practical experience in interrelations with the state bodies, media outlets and expert base.

In democratic countries public hearings are organized by political institutions while adopting local draft legislation, regulations, other documents and also while planning reconstruction of districts or location of industrial sights. According to the Aarhus convention on the access to information, public participation in the decision-making process and access to justice on environmental issues, those countries that signed the convention, are obliged to organize public hearings, for instance, regarding the location of a nuclear power plant. In Belarus such hearings regarding environmental impact assessment of the NPP on the environment took place on 9 October 2009 in Ostrovets.

As a rule two sides participate in the public hearings – the civil society representatives, including representatives of the local bodies of self-government, deputies and “public sector” – representatives of authorities, hearings initiators, customers and project managers, independent experts.

The role of the society and common citizens is to familiarize with relevant documents and to discuss all plusses and minuses, make reservations and propose alternative variants.

As a result of public hearings, decisions and recommendations are adopted that are forwarded to the higher instances and governmental bodies.

Basic principles of the hearings

There are commonly accepted principles of organization of public hearings:

• Involvement of qualified experts;
• Ensuring independent expertise of the issue (for instance, conducting environmental expertise);
• Concentration on cross-examination of verified facts first of all;
• Discussion of issues at the early stage of their consideration by the state authorities;
• Ensuring representation at the hearings and informing about the results of the hearings all the interested actors of the society;
• Ensuring presence at the hearings and informing about their outcomes the representatives of the authorities competent to resolve issues under discussion;
• Uncovering and discussing alternative views and projects.

Whether officials ignore public hearings?

Unfortunately, public hearings in Belarus are rare so far. Perhaps there is only one example which could be recalled. On 20 July took place the first public hearings on the topic: “Civil society and the state: cooperation mechanisms”. The hearings were organized following an initiative of a number of leaders of civil organizations – Mr. Vladislav Vialichko, Vladimir Matskevich, Tatiana Poshevalova, Elena Tonkacheva, Ales Beliatsky, Zhanna Litvina, Vitaly Silitsky, Igor Lialkov and others. However from the side of the Public Advisory Board under the auspices of the Presidential Administration, the hearings were attended by the representatives of the third sector only – those who are members of this Board: Oleg Gulak, Zhanna Griniuk, Vladimir Nistiuk, Aleksandr Yaroshuk. There were no representatives of the authorities at the hearings. Regardless of the fact that periodically the Board meets together for sessions to discuss certain issues, there is no close cooperation with the third sector or the civil society…

Whether authorities know better what people need?

NGO the “Lev Sapega Foundation” proposed to hold public hearings regarding the draft law on “Local governance and self-governance in the Republic of Belarus”. The Draft Law in question was adopted in the first reading on 11 June 2009. It is thought that it will be regarded in the course of the autumn session of the House of Representatives of the National Assembly and will be adopted in the second reading. However, there were no consultations at all: either with the public, or with the local deputies of the Local Councils. The draft law was elaborated in the Presidential Administration and presented to the Deputies of the House of Representatives for consideration. Deputies, in their turn, were not keen on getting deeper into the matter…

The Lev Sapega Foundation experts have drafted an informational note for the Draft Law, which has three parts: conceptual remarks and proposals; article-by-article amendments and changes with justifications, background and proposals. The third part “Conclusions and proposals” states the following, “regardless of the significance of the draft law for every citizen, there were no public consultations organized in order to discuss it with the interested public, including the lack of consultations with the Deputies of the Local Councils”.

The Belarusian draft law contradicts the European Charter of Self-governance

The Chairman of the Board of the Lev Sapega Foundation Miroslav Kobasa is convinced that there is no real self-governance in Belarus, that authorities make all decisions for the people. The Law on local governance and self-governance touches upon interests of every citizen. People should solve most of the local issues by themselves, for instance, decisions, concerning what should be constructed in their region, participate in discussions of issues of vital importance for their inhabitance. In the current draft law it is said crystal clear that national state interests are of the primary concern, interests of citizens follow them. The draft law does not contain clear provisions with regard to the right of receiving information. There are numerous contradictions of the kind between the European Charter for Local self-governance, which was signed by 48 countries, and the Draft Law on Local governance and self-governance in the Republic of Belarus. Whether the authorities would pay attention to the proposal to organize public hearings to discuss the Draft Law?

Ludmila Korsak