EPL with a financial support of International Foundation “Renaissance” held an international conference “Protection of the right to information in Ukraine”, that took place on 20-21 of December, 2007. Issues concerning the necessity of improvement of national legislation, mainly of legislation relating to the enforcement of a right to information in Ukraine, were discussed during the conference. Moreover, the conference was aimed at the enhancement of access to information and establishment of a networking among public and authorities.
Within the conference recommendations for state authorities were adopted, full version of which is available here (ukr).

Ukraine is being criticized in Council of Europe

Report of Ukraine on the implementation of its international obligations during the process of construction of the canal Danube-Black Sea through the Bystre mouth was subject to critics as ungrounded and inadequate. 
In August, 2007 Ukraine prepared report on follow-up of Recommendation N111 (2004) for the Ukrainian Danube-Black Sea Navigation Canal, prepared by experts of Bern convention (Convention on the Conservation of European Wildlife and Natural Habitats) for the Standing Committee meeting of Convention in Strasbourg.  
Recommendations were the following: - suspension of project activities on Phase II of the canal Danube -Black Sea construction until EIA for phase II is undertaken in accordance to international standards and provided for the relevant international institutions, experts and public for review and duly account of such results of international consultations;  - collection of information on additional monitoring and development of relevant recommendations. Ukraine was also obliged to provide additional information on ecological and socio-economic aspects of alternative options of canal construction, including zero option and preparation of EIA of such alternatives.
The government of Romania prepared a response to the Ukrainian report and submitted it to the Standing Committee of Bern Convention, Council of Europe. They noted that actual implementation of phase II of canal construction already started and had been continuing in 2006-2007, that Ukraine violated Espo Convention as it did not elaborated alternative routes of canal Danube-Black Sea construction, including zero alternative, adequate international public consultations did not take place and thus the results of this consultations were not considered in the final decision on phase II.
Ukraine in its report to the Council of Europe provided inadequate information on absence of significant adverse transboundary impact on the environment while international Espo Inquiry Commission consisting of Ukrainian experts unanimously confirmed the presence of significant adverse transboundary impact on the environment during implementation of the Danube-Black Sea canal construction through Bystre mouth. For all that the impact from the phase II implementation is anticipated to be even greater than that for the phase I.      
In spite of all the official statements of our country concerning full compliance with all international agreements and recommendations of international experts during implementation of canal Danube-Black Sea project through Bystre mouth – such statements are still only declarations.   

 

The President of EPL, Dr. Prof. Svitlana Kravchenko, has been elected as Regional Governor for Eastern Europe of the International Council of Environmental Law, which is headquartered in Bonn, Germany. She also was recently chosen as the permanent Director of the Oregon LL.M in Environmental and Natural Resources Law at the University of Oregon.

 

Supreme Court of Ukraine guarded Danube Delta!

Today, (13.11.2007) the Supreme court chamber comprising 6 lawyers annulled decisions of all the lower commercial courts, which allowed withdrawal of the Bystre mouth from the territory of Danube biosphere reserve. The chamber of judges established facts of violation of land laws by courts and found no grounds for courts decisions to declare invalid the State certificate on the permanent land use issued in 2000 to the Danube biosphere reserve on the territory of 22 000 ha of Danube Delta. The courts of three instances did not managed to protect the land interest of Danube biosphere reserve assaulted by the Ministry of Transport of Ukraine.

The court proceedings were initiated with the aid of the Vilkovo town council (plaintiff) to deprive the biosphere reserve the land rights on Bystre mouth. 

The case started in 2003 and in may, 2004 the dredging works at Bystre mouth started to complete the deep-water navigation canal Danube – Black sea.

Supreme court of Ukraine expedited the cause to the court of first instance. Nevertheless, this decision is very important for the protection of Danube biodiversity as it renewed the force of the State certificate on the permanent land use for Danube biosphere reserve.

Future of the regional-landscape park ”Granitno-stepove pobuzzya” in hands of judges of the Odessa Appeal Court

The Odessa Administrative Appeal Court will rule next week on the future of the regional-landscape park “Granitno-stepove pobuzzya” in southern Ukraine.  EPL is fighting to reverse the inundation of the area by a hydroelectric reservoir.

On August 13, 2007, a court hearing took place, with the participation of the energy company “Energoatom” and the Mykolaiv oblast (county) council on the one side, and residents of Mykolaiv, represented by an EPL lawyer on the other side.

The principal subject of the appeal was the (January 22, 2007) decision of the Mykolaiv Central Region Court.  According to that court decision, the decision of the Mykolaiv oblast council No 10, dated July 6, 2006, on withdrawal of lands of 27,72 ha from the Regional Landscape Park “Granitno-stepove pobuzzya” was ruled to be illegal. These lands would have to be used for energetics (power industry) needs (for legitimating of this land plot inundated by the Oleksandrivskyi reservoir). 

Citizens had applied to the Mykolaiv Central Region Court to protect their rights that were violated relative to decision accepted by Mykolaiv oblast council on damage of the especially valuable natural complexes of Pivdennyi Bug, which are the lands of Red Book habitats and Bern Convention species of flora and fauna.  The court ruled in January that the contested decision violated citizens’ right to participation in working-out and carrying out measures on environmental protection, rational and complex usage of natural resources / in this particular case – by their representatives – deputies of Mykolaiv oblast council/, and also carrying out general usage of natural resources.

The Mykolaiv oblast council and enterprise “Energoatom” did not agree with court decision on cancellation of the project and appealed.

The next appeal court hearing is scheduled for August 27.  On that date the final decision will be made and come into force from the moment of its announcement.

 

BACKGROUND:

On January 22, 2007, a court declared illegal the July, 2006 decision of the Mykolaiv Oblast Council to withdraw 28 hectares of protected area lands of Granito-Stepowe Pobyzza Regional Landscape Park.

By this decision, the court suspended the launching of a multi-million-dollar energy facility construction project, the Tashlytskia Hydro-Power Accumulating Station (HPAC), by the national nuclear energy-producing company Energoatom, as well as the creation of one more water reservoir on the already overregulated river South Bug and consequent enlargement of the South Ukraine energy complex. Overall, the ruling indicates that the interests of nature protection, history and culture were decisive for the court as compared with economic interests.

Plaintiffs in this case were local environmental activists represented by the NGO Environment People Law’s Olya Melen, lead attorney and Goldman Prize winner for Europe, 2006.

The contested 28 hectares, part of the South Bug river and lands along the river banks, are valuable to both the atomic industry and the environment. From the industry’s perspective, these lands should be flooded in order that the South Bug River rise, allowing the launching of the Tashlytska HPAS. From a conservation perspective, these lands are valuable habitat for threatened species of flora and fauna protected within and without Ukraine. The almost extinct plant, silene hypanica klok, for example, found shelter in these lands. The court notes that the inaccessibility of contested lands for humans and cattle facilitates conservation of this natural bio-complex which hosts a few endemic endangered species, thus, the urgent necessity for conservation measures is indisputable.

The Granito-Stepowe Pobyzza Park, established in 1996, has no analogy either in the steppe zone of Europe or in the world due to its bio-geographical and historical-archeological peculiarities. This complex of factors necessitates the park’s conservation in its integrity.

The court concluded that in order to address problems of the energy sector, construction of the Tashlytska HPAS is not the only possible solution. The court questioned the grounds for lobbying for the Tashlytska HPAS construction and neglect of alternatives such as construction of gas or thermal power stations to address mitigation of peak voltage issues in the energy system. The judge states in his decision, “This is evidence of lobbying for interests of a particular project and particular object construction.”

The aim of the disputed decision of the local council was to create conditions for realization of the particular construction project, which however resulted in neglect of nature protection interests.

The court declared the decision of the Mykolaiv Council, actively lobbied for by Energoatom, as illegal, ungrounded, and not reasonable.  That court decision is the one that will soon be decided by the Odessa Administrative Appeal Court.

On January 22, 2007, a court declared illegal the July, 2006 decision of the Mykolaiv Oblast Council to withdraw 28 hectares of protected area lands of Granito-Stepowe Pobyzza Regional Landscape Park.
By this decision, the court suspended the launching of a multi-million-dollar energy facility construction project, the Tashlytskia Hydro-Power Acculuting Station (HPAC), by the national nuclear energy-producing company Energoatom, as well as the creation of one more water reservoir on the already overregulated river South Bug and consequent enlargement of the South Ukraine energy complex. Overall, the ruling indicates that the interests of nature protection, history and culture were decisive for the court as compared with economic interests.
Plaintiffs in this case were local environmental activists represented by the NGO Environment People Law’s Olya Melen, lead attorney and Goldman Prize winner for Europe, 2006.
The contested 28 hectares, part of the South Bug river and lands along the river banks, are valuable to both the atomic industry and the environment. From the industry’s perspective, these lands should be flooded in order that the South Bug River rise, allowing the launching of the Tashlytska HPAS. From a conservation perspective, these lands are valuable habitat for threatened species of flora and fauna protected within and without Ukraine. The almost extinct plant, silene hypanica klok,for example, found shelter in these lands. The court notes that the inaccessibility of contested lands for humans and cattle facilitates conservation of this natural bio-complex which hosts a few endemic endangered species, thus, the urgent necessity for conservation measures is indisputable.
The Granito-Stepowe Pobyzza Park, established in 1996, has no analogy either in the steppe zone of Europe or in the world due to its bio-geographical and historical-archeological peculiarities. This complex of factors necessitates the park’s conservation in its integrity.
The court concluded that in order to address problems of the energy sector, construction of the Tashlytska HPAS is not the only possible solution. The court questioned the grounds for lobbying for the Tashlytska HPAS construction and neglect of altneratives such as construction of gas or thermal power stations to address mitigation of peak voltage issues in the energy system. The judge states in his decision, “This is evidence of lobbying for interests of a particular project and particular object construction.”
The aim of the disputed decision of the local council was to create conditions for realization of the particular construction project, which however resulted in neglect of nature protection interests.
The court declared the decision of the Mykolaiv Council, actively lobbied for by Energoatom, as illegal, ungrounded, and not reasonable.
This court decision is important for ordinary citizens who are not ignorant of environmental problems, as the court upheld the right of citizens to access courts and challenge the decisions of authorities that are likely to have adverse impact on the environment and violate their rights. Such rights include the right to participate in the development of nature protection measures and the right to general use of natural resources.

Contact information:

Olya Melen, head of legal unit, “Environment-People-Law  (EPL)

 

With EPL assistance Drohobych city dwellers defended their right for clean drinking water in court

December, 27 2006 Drohobych City Court passed a judgment of the suit of 63 plaintiffs, dwellers of Drohobych ”Mlynky” area, against Drohobych City Council. Plaintiffs asked court to declare illegal inactions City Counsil with regard to clean drinking water supply. The situation wit the pollution of water in the wells by the oil products in the aforementioned area of the city has old history as many of the homestead lands neighbor with industrial grounds of oil processing factory "Halychyna" and with oil pipelines, while some of the lands are located in the sanitary-protective zone of the factory. In 1991, the Chief Sanitary Doctor of Drohobych City reported to the mayor of the city about the emergency caused by the contamination of the wells water by the oil products. Unfortunately, the city officials failed to address the problems of the dwellers and during 15 years no measures have been taken to protect the health of the dwellers and eliminate of the causes
of contamination.

In December, 2005 city dwellers who were frightened by the results of laboratory analyses of the water in their wells asked for EPL assistance to file a lawsuit to court. The litigation, which lasted for more than a year and consisted of more than 10 court hearings, resulted in the victory of plaintiffs. The Drohobych City Council was obliged to build a centralized water supply and sewage system to supply dwellers with drinking water in the
meantime.

Head of EPL's Legal Unit, Attorney Olya Melen, received the Goldman Environmental Prize 2006 for Europe.

‘Olya Melen is a firebrand attorney who used legal channels to temporarily halt construction of a massive canal that would have cut through the heart of the Danube Delta, one of the world’s most valuable wetlands. For her efforts, she was denounced by the notoriously corrupt and lawless pre-Orange Revolution government’, Goldman Foundation said in giving her the award.

‘Olya richly deserves this award for her leadership to save the Danube Delta and its biodiversity from the destructive effects of a navigation canal originally planned by the pre-Orange Revolution Ukrainian government’, said Svitlana Kravchenko, President of EPL.

More about the Danube case.

The Goldman Prize ceremony to honor six environmental heros took place on April 24th the Opera House in San Francisco. The other five winners are Craig E. Williams, USA; Silas Kpanan’Ayoung Siakor, Liberia; Yu Xiaogang, China; Tarcisio Feitosa da Silva, Brazil; Anne Kajir, Papua New Guinea.

About the Goldman Environmental Prize
The Goldman Environmental Prize allows individuals to continue winning environmental victories against the odds and inspire ordinary people to take extraordinary actions to protect the world. The Goldman Environmental Prize was created in 1990 by civic leaders and philanthropists Richard N. Goldman and his late wife, Rhoda H. Goldman.

The Goldman Environmental Prize winners are selected by an international jury from confidential nominations submitted by a worldwide network of environmental organizations and individuals. Prize winners participate in a 10-day tour of San Francisco and Washington, D.C., for an awards ceremony and presentation, news conferences, media briefings and meetings with political, public policy, financial and environmental leaders.

Greetings accepted at:

Environment-People-Law (EPL)
Olya Melen, Head of Legal Unit
molya@uoregon.edu
tel: +380 322 722746
fax: +380 322 971 446

Lenin Rayon Court of Mykolaiv City did not protect the right to freedom of expression of thoughts and ideas of citizens

On February 2006 the Lenin Rayon Court of Mykolaiv City made a decision on the case in the action State Enterprise National Nuclear Energy-generating company “Energoatom” against O. Malytsky on protection of honor, dignity and business reputation and compensation for moral damage, caused by spreading the unreliable information in the newspaper article.
The article, written by O. Malytsky, was about such socio-important objects as South-Ukrainian Nuclear Power Plant and Tashlyk Pumped Storage Hydro Station.
The author criticised the exploitation of the Nuclear Power Plant and expressed his doubts according to purposefulness and economic benefit from reconstruction of Tashlyk Pumped Storage Hydro Station. “Energoatom” asked O.Malytsky to compensate moral damage in the amount of 100 thousands grivnas.
In its decision the court estimated the amount of moral damage, made by O.Malutsky, in 2,5 thousand grivnas and obliged O.Malytsky to consider several phrases as incorrect ones.
The court recognized incorrect the following phrases: 1) no any nuclear reactor has license; 2) - in the process of insight with South-Ukrainian Nuclear Power Plant by President Kushma it was established that the technical operating life of SU NPP was used up and it will be used up completely by the year of 2000; 3) reactor tanks of SU NPP work loosely during night period (they are really not regulated and during night, when all people slip, they continue to generate energy “to the wind”); 4) in such way atomists fulfill secret constant unsanctioned “blowing-off” - bleeding of used industrial water; 5) temperature and chemical composition of water in the Tashlyk reservoir does not allow to user it further, as refrigerant - metal of NPP compensator is rupturing.
The defendant is planning to protect his Constitutional right to freedom of expression of thoughts and ideas, dissemination of information and challenge this decision in Higher Court.

From November 1, 2005, “Environment-People-Law” (EPL) started to implement project “Greening the European Neighborhood Policy (ENP), Ukraine”. One of the aims of the project is to promote sustainable development and environmental integration within the ENP process. The main activities within the project include preparation of report (assessment on the key environmental issues), round tables for NGOs and mass media events, creation of a network of NGOs and state bodies to discuss problems and find ways for their solution in the ENP context.

We invite environmental NGOs and organizations active in the field of the EU integration as well as other stakeholders to express their interest in participation in the network and round tables. For the further information, please, contact:

Nataliya Andursevych
Project Leader, “Greening the ENP, Ukraine”
E-mail: natalia@elaw.org
Phone: +39 (0322) 72-27-46
Address: Krushelnytska str. 2, Lviv 79000 UKRAINE

For further information about the project see:
http://www.epl.org.ua/a_greening_ENP.htm

The first meeting of the task force on public participation in internal forums

The Task Force on Public Participation in International Forums (PPIF) held its first meeting on 24-25 November 2005 in Geneva.

The ECO-Forum delegation supported the plan, and successfully advocated the inclusion of a number of international forums into the lists for more intensive consultation, such as the International Monetary Fund, the International Civil Aviation Organisation, and a range of regional banks. Andriy Aтвrusevych, EPL’s International Affairs Officer, was member of the ECO-Forum delegation.

Documents of the first meeting of the Task Force (English only) are available at http://www.unece.org/env/pp/ppif.htm