On May 5, 2004, Ecopravo-Lviv (EPL) submitted a communication to the Committee alleging non-compliance by Ukraine with its obligations under Aarhus Convention. The communication concerned a proposal to construct a navigation canal in the Danube Delta passing through an internationally recognized wetlands area.
On February 18, 2005, the Committee found that by failing to provide for public participation required by article 6 of the Aarhus Convention, Ukraine was not in compliance with article 6. The Committee also found that by failing to ensure that information was provided by the responsible public authorities upon request, Ukraine was not in compliance with article 4 of
the Convention.
In addition, the Committee found that lack of clarity with regard to public participation requirements in environmental impact assessment and environmental decision-making procedure on projects indicate the absence of a clear, transparent and consistent framework for implementation of the Convention and constitute non-compliance with general obligation provided by article 3 of the Convention.
The Committee adopted several recommendations. These recommendations request Ukraine to bring its legislation and practice into compliance with the provisions of the Convention. In addition, Ukraine is requested to submit a strategy (including time-schedule) for transposing the Convention?s provisions into the national law and developing practical mechanisms and implementing legislation that sets out clear procedures for implementation of various requirements under the Convention. The recommendations will be considered by the Meeting of the Parties to the Convention in Almaty (Kazakhstan) in May, 2005.
The Aarhus Convention grants the public rights and imposes on Parties and public authorities obligations regarding access to information and public participation and access to justice. The subject of the Aarhus Convention goes to the heart of the relationship between people and governments. The Convention is not only an environmental agreement, it is also a Convention
about government accountability, transparency and responsiveness. See: [url=http://www.unece.org/env/pp/]http://www.unece.org/env/pp/[/url]
More about Danube canal case: [url=http://epl.org.ua/a_cases_Danube_C.htm]http://epl.org.ua/a_cases_Danube_C.htm[/url]
More about EPL: [url=http://www.epl.org.ua/eng/]http://www.epl.org.ua/eng/[/url]