ANTINUCLEAR CAMPAIGN
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Chairman of the Mazhilis of the Parliament of the Republic of Kazakhstan
Zh. Tyakbai
Chairman of the Senate of the Parliament of the Republic of Kazakhstan
O. Abdurakimov
Chairman of the Committee on Issues of Ecology and Natural Resource Use Mazhilis of the Parliament of the Republic of Kazakhstan
T. Syzdykov
Chairman of the Committee On Issues of Regional Development and Local Government Senate of the Parliament of the Republic of Kazakhstan
L. Burlakov
APPEAL
The non-governmental organizations of the Republic of Kazakhstan (KZ) are concerned by the country’s difficult radiation and sanitary-hygienic situation. Against this background, NGOs are particularly concerned by the campaign being conducted by [state nuclear power company] Kazatomprom and a group of deputies in the Mazhilis [lower house] of the Parliament of the RK, aimed at amending the legislation of the Republic of Kazakhstan with the goal of legalizing the import, storage and burial of radioactive waste from other states on the territory of Kazakhstan. The supporters of importing foreign radioactive waste have been speaking actively in the mass media and propagandizing their idea in government bodies, including within the walls of the Parliament of the Republic of Kazakhstan; they possess immeasurably greater resources and opportunities for this than the country’s public, which has spoken decisively against such plans.
In connection with these facts, the non-governmental organizations of Kazakhstan, exercising their rights as guaranteed by the Constitution and legislation of the RK, as well as by international document ratified by the Republic of Kazakhstan, propose that the Parliament of the Republic of Kazakhstan (in accordance with Article 57 of the Constitution of the RK) hold open parliamentary hearings on the issue of the implementation of state policy regarding radiation safety and the initiative for the import, storage, and burial of radioactive waste from other states on the territory of Kazakhstan. The need for hearings by the Parliament of the RK on the given problems is dictated by the issue of guaranteeing the national security of the Republic of Kazakhstan (in accordance with Article 10 of the Law of the RK “On the National Security of the Republic of Kazakhstan”). Non-governmental organizations of Kazakhstan, as well as foreign experts, must be included in such hearings. In the course of the hearings, the public also hopes to receive answers to the following questions:
1. How the Government of the RK is ensuring fulfillment of Article 19, “The Right of Citizens to Radiation Safety,” of Law of the RK No. 219-1, “On the Radiation Safety of the Population,: April 23, 1998, and Articles 13, “Dealing with Radioactive Wastes,” and 15, “Accounting and Control of Nuclear Materials and Other Sources of Ionizing Radiation,” of Law of the RK No. 93-1, “On the Use of Atomic Energy,” April 14, 1997, which concern the issues of liquidating radioactive waste and contamination, and the creation of a cadastre [list] of nuclear materials and sources of ionizing radiation in the Republic of Kazakhstan.
2. What measures have been approved for improving the radiation and sanitary-hygienic situation in the Republic of Kazakhstan, in accordance with Resolution No. 1103 of the Government of the Republic of Kazakhstan, “On Urgent Measures for Improving the Radiation Situation in the Republic of Kazakhstan,” December 31, 1992 (below, the Resolution), and how have they been carried out? How is Point 2 of the Resolution, which states that “The State Committee on the Economy and the Ministry of Finances of the Republic of Kazakhstan, in developing their annual predictions and budget plans, will stipulate the allocation of funds to for targeted financing of environmental work on radioecology,” being fulfilled?
3. How is Part 6, “Radiation Safety of the Population,” of the Republic of Kazakhstan’s National Environmental Action Plan, approved by Resolution No. 878 of the Government of the Republic of Kazakhstan on June 9, 2000, being carried out?
4. Why do sections 2.5, “Environmental Protection and Natural Resource Use,” and 10, “Ensuring State Security, Strengthening Law and Order, and Fighting Crime,” of the Program of the Government of the Republic of Kazakhstan for 2002-2004, confirmed by Decree No. 927 of the President of the Republic of Kazakhstan on March 28, 2002, not reflect measures to improve the situation in the republic with regard to radiation? At the same time, the section of the plan covering mineral and raw-materials extraction indicated that work will be carried out for “the rational development of existing mines and deposits, as well as ensuring growth in the capacity of enterprises in the nuclear industry, with simultaneous conservation and liquidation of worked-out uranium deposits.”
Legal foundations of our appeal
1. CONSTITUTION OF THE REPUBLIC OF KAZAKHSTAN, adopted August 30, 1995 (with amendments from October 7, 1998)
Article 4
1. The provisions of the Constitution, the laws corresponding to it, other regulatory legal acts, international treaty and other commitments of the Republic as well as regulatory resolutions of Constitutional Council and the Supreme Court of the Republic shall be the functioning law in the Republic of Kazakhstan.
2. The Constitution shall have the highest juridical force and direct effect on the entire territory of the Republic.
3. International treaties ratified by the Republic shall have priority over its laws and be directly implemented except in cases when the application of an international treaty shall require the promulgation of a law.
Article 18
3. State bodies, public associations, officials, and the mass media must provide every citizen with the possibility to obtain access to documents, decisions and other sources of information concerning his rights and interests.
Article 20
2. Everyone shall have the right to freely receive and disseminate information by any means not prohibited by law. The list of items constituting state secrets of the Republic of Kazakhstan shall be determined by law.
Article 31
1. The state shall set an objective to protect the environment favorable for the life and health of the person.
2. Officials shall be held accountable for the concealment of facts and circumstances endangering the life and health of the people in accordance with law.
Article 33
1. Citizens of the Republic of Kazakhstan shall have the right to participate in the government of the state’s affairs directly and through their representatives, to address personally as well as to direct individual and collective appeals to public and local self-administrative bodies.
Article 57
Each Chamber of the Parliament independently, without participation of the other Chamber shall:
5) hold Parliamentary hearings on the issues of its jurisdiction.
Convention on Access to Information, Participation in Decision-Making, and Access to Justice in Environmental Matters
(Aarhus, June 25, 1998)
Article 6
PUBLIC PARTICIPATING IN DECISION ON SPECIFIC ACTIVITIES
4. Each Party shall provide for early public participation, where all options are open and effective public participation can take place.
6. Each Party shall require the competent public authorities to give the public concerned access for examination, upon request where so required under the national law, free of charge and as soon as it becomes available, to all information relevant to the decision-making referred to in this article that is available at the time of the public participation procedure, without prejudice to the right of Parties to refuse to disclose certain information with regard to article 4, paragraphs 3 and 4. The relevant inclusion shall include at least, and without prejudice to the provisions of article 4:
(а) a description of the site and the physical and technical characteristics of the proposed activity, including an estimate of the expected residues and emissions;
(b) a description of the significant effects of the proposed activity on the environment;
(�?) a description of the measured envisaged to prevent and/or reduce these effects, including emissions;
(d) a non-technical summary of the above;
(е) an outline of the main alternatives studied by the applicant; and
(f) in accordance with national legislation, the main reports and advice issued to the public authority and the time when the public concerned shall be informed in accordance with paragraph 2 above.
7. Procedures for public participation shall allow the public to submit, in writing or, as appropriate, at a public hearing or inquiry with the applicant, any comments, information, analyses or opinions that it considers relevant to the proposed activity.
8. Each Party shall insure that in the decision due account in taken of the outcome of the public participation.
Article 7
PUBLIC PARTICIPATION CONCERNING PLANS, PROGRAMMES AND POLICIES RELATING TO THE ENVIRONMENT
Each Party shall make appropriate practical and/or other provisions for the public to participate during the preparation of plans and programmes relating to the environment, within a transparent and fair framework, having provided the necessary information to the public. Within this framework, article 6, paragraphs 3, 4 and 8 shall be applied. The public which may participate shall be identified by the relevant public authority, taking into account the objectives of this Convention. To the extent appropriate, each Party shall endeavour to provide opportunities for public participation in the preparation of policies relating to the environment.
Article 8
PUBLIC PARTICIPATION DURING THE PREPARATION OF EXECUTIVE REGULATIONS AND/OR GENERALLY APPLICABLE LEGALLY BINDING NORMATIVE INSTRUMENTS
Each Party shall strive to promote effective public participation at an appropriate stage, and while options are still open, during the preparation by public authorities of executive regulations and other generally applicable legally binding rules that may have a significant effect on the environment. To this end, the following steps should be taken:
(а) Time-frames sufficient for effective participation should be fixed;
(b) Draft rules should be published or otherwise made publicly available; and
(�?) The public should be given the opportunity to comment, directly or through representative consultative bodies.
The result of the public participation shall be taken into account as far as possible.
Law of the Republic of Kazakhstan No. 233-1 “On the National Security of the Republic of Kazakhstan,” June 26, 1998
(amended in accordance with Law of the RK No. 45-II on April 28, 2000)
Article 1. The primary concepts employed in the present Law of National Security of the Republic of Kazakhstan (below, “national security”) are:
the state of defense of the country’s national interests against real and potential threats;
the national interests of the Republic of Kazakhstan (below, “national interests”)—the aggregate of political, economic, social and other requirements of the Republic of Kazakhstan, upon the realization of which depends the state’s ability to ensure the defense of constitutional human and civil rights, the values of Kazakhstani society, and the fundamental state institutions;
environmental security—the state of defense of vitally important interests and rights of the individual, society, and state against threats arising as a result of anthropogenic and other impacts on the environment;…
Article 4. National Interests of the Republic of Kazakhstan
The national interests of the Republic of Kazakhstan include the following:
(1) ensuring human and civil rights and freedoms;…
Article 5. Threats to the National Security of the Republic of Kazakhstan
Threats to the national security of the Republic of Kazakhstan include the following:
(9) acute worsening of the environmental situation, natural disasters and other emergency situations of a natural or technogenic nature, epidemics and epizootics;…
Article 10. Authority of the Parliament of the Republic of Kazakhstan
The Parliament of the Republic of Kazakhstan:
(4) conducts parliamentary hearings on questions of ensuring national security;
(5) exercises other authority on questions of ensuring national security, as set forth in the Constitution of the Republic of Kazakhstan.
Article 21. Ensuring Environmental Security
The obligations of the appropriate state bodies, organizations regardless of their form of ownership, officials, and citizens are the following:
(1) protection of the environment and rational use and preservation of natural resources;
(2) refusal to permit the uncontrolled import into Kazakhstan of environmentally hazardous technology, substances, and materials;
(3) prevention of radioactive or chemical pollution, or bacteriological contamination of the country’s territory;
(4) reducing the scale of application of environmental hazardous or unperfected technologies;
(5) liquidation of the negative environmental consequences of economic and other activity.
Law of the RK No. 219-1, “On the Radiation Safety of the Population,” April 23, 1998
Article 19. The Right of Citizens to Radiation Safety
Citizens of the Republic of Kazakhstan, foreigners and persons without citizenship, living on the territory of the Republic of Kazakhstan, have he right to radiation safety. This right ensures the performance of a set of measures for preventing impact on the human body by ionizing radiation of higher than established norms, as well as radiation safety requirements for persons and organizations engaging in activities involving sources of ionizing radiation.
Article 20. The Right of Citizens and Public Associations and Organizations to the Receipt of Information
Citizens and public associations and organizations have the right to receive information regarding the ensuring of radiation safety through the appropriate state bodies for the use of atomic energy and through the mass media, in accordance with the legislation of the Republic of Kazakhstan on the use of atomic energy.
Law of the Republic of Kazakhstanо No. 93-1, “On the Use of Atomic Energy,” April 14, 1997
Article 3. The Main Principles of State Policy Regarding the Use of Atomic Energy
1. The main principles of state policy regarding the use of atomic energy are as follows:
ensuring nuclear and radiation safety in the use of atomic energy;
accessibility, objectivity, and timeliness of information regarding the impact of objects of atomic energy on the population and environment;
prohibition of the burial of radioactive wastes of other states on the territory of the Republic of Kazakhstan;
ensuring state control and inspection of nuclear and radiation safety in the use of atomic energy;
ensuring the social protection of the personnel of objects for the use of atomic energy, as well as the population living and working in regions where they are located;
restitution of losses caused by the impact of radiation;
participation by citizens, public associations, and other judicial persons in the discussion of state policy? Draft laws, and other normative acts of the Republic of Kazakhstan regarding the use of atomic energy.
Article 21. Rights of Citizens and Public Associations and Organizations Regarding the Use of Atomic Energy
Citizens of the Republic of Kazakhstan and public associations and organizations have the right to:
receive information through the appropriate state bodies for the use of atomic energy and through the mass media on the safety of objects for the use of atomic energy designated for construction, planned, under construction, operational, and removed from operation, on the control and inspection of radiation conditions in places where they live or work, and also on the doses of radiation received;
participate in discussions of policy and drafts of legislative acts and programs in the field of atomic energy;
conduct public environmental expertise on draft documents and monitoring of environmental radiation conditions, in accordance with the legislation of the Republic of Kazakhstan;
visit, with the goal of acquainting themselves and according to established procedure, storage and burial sites;
receive restitution for losses and harm as a result of nuclear or radiation accidents at the expense of the exploiting organization permitting the accident to occur;
receive compensation for the negative effects of ionizing radiation on human health, in the event that normative limits for doses of radiation are exceeded, and for additional risk factors, at the expense of the exploiting organization, according to the procedure established by law.
May 23, 2002
Signatures affixed to the appeal of May 23, 2002, on the question of holding parliamentary hearings on the problem of implementing state policy for ensuring radiation safety in the Republic of Kazakhstan.
Total of 9 signatures.
Sent to addressees June 19, 2002
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Prime Minister of the Republic of Kazakhstan
Imangali Nurgalievich Tasmagambetov
APPEAL
Non-governmental organizations of the Republic of Kazakhstan (RK) are concerned by the country’s difficult radiation and sanitary-hygienic situation, and by the campaign by Kazatomprom and a group of deputies in the Mazhilis of the Parliament of the RK to the legislation of the Republic of Kazakhstan, with the goal of legalizing the import, storage and burial of radioactive waste from other states on the territory of Kazakhstan. The public is interested in knowing how state policy regarding radiation safety is being carried out, in accordance with Article Six, “The Authority of State Bodies in Ensuring Radiation Safety,” of Law of the RK No. 219-1, “On the Radiation Safety of the Population,” April 23, 1998. We wish to receive answers to the following questions worrying the public:
1. How the Government of the RK is ensuring fulfillment of Article 19, “The Right of Citizens to Radiation Safety,” of Law of the RK No. 219-1, “On the Radiation Safety of the Population,: April 23, 1998, and Articles 13, “Dealing with Radioactive Wastes,” and 15, “Accounting and Control of Nuclear Materials and Other Sources of Ionizing Radiation,” of Law of the RK No. 93-1, “On the Use of Atomic Energy,” April 14, 1997, which concern the issues of liquidating radioactive waste and contamination, and the creation of a cadastre [list] of nuclear materials and sources of ionizing radiation in the Republic of Kazakhstan.
2. What measures have been approved for improving the radiation and sanitary-hygienic situation in the Republic of Kazakhstan, in accordance with Resolution No. 1103 of the Government of the Republic of Kazakhstan, “On Urgent Measures for Improving the Radiation Situation in the Republic of Kazakhstan,” December 31, 1992 (below, the Resolution), and how have they been carried out?
3. How is Point 2 of the Resolution, which states that “The State Committee on the Economy and the Ministry of Finances of the Republic of Kazakhstan, in developing their annual predictions and budget plans, will stipulate the allocation of funds to for targeted financing of environmental work on radioecology,” being fulfilled?
4. How is Part 6, “Radiation Safety of the Population,” of the Republic of Kazakhstan’s National Environmental Action Plan, approved by Resolution No. 878 of the Government of the Republic of Kazakhstan on June 9, 2000, being carried out?
5. Why do sections 2.5, “Environmental Protection and Natural Resource Use,” and 10, “Ensuring State Security, Strengthening Law and Order, and Fighting Crime,” of the Program of the Government of the Republic of Kazakhstan for 2002-2004, confirmed by Decree No. 927 of the President of the Republic of Kazakhstan on March 28, 2002, not reflect measures to improve the situation in the republic with regard to radiation? At the same time, the section of the plan covering mineral and raw-materials extraction indicated that work will be carried out for “the rational development of existing mines and deposits, as well as ensuring growth in the capacity of enterprises in the nuclear industry, with simultaneous conservation and liquidation of worked-out uranium deposits.”
The given information touches upon our rights and interests. Our right to the receipt of the indicated information is guaranteed by the following legislation:
1. CONSTITUTION OF THE REPUBLIC OF KAZAKHSTAN, adopted August 30, 1995 (with amendments from October 7, 1998)
Article 18
Point 3. State bodies, public associations, officials, and the mass media must provide every citizen with the possibility to obtain access to documents, decisions and other sources of information concerning his rights and interests.
Article 20
Point 2. Everyone shall have the right to freely receive and disseminate information by any means not prohibited by law. The list of items constituting state secrets of the Republic of Kazakhstan shall be determined by law.
Article З1
Point 1. The state shall set an objective to protect the environment favorable for the life and health of the person.
Point 2. Officials shall be held accountable for the concealment of facts and circumstances endangering the life and health of the people in accordance with law.
Article 33
Point 1. Citizens of the Republic of Kazakhstan shall have the right to participate in the government of the state’s affairs directly and through their representatives, to address personally as well as to direct individual and collective appeals to public and local self-administrative bodies.
DECREE OF THE PRESIDENT OF THE REPUBLIC OF KAZAKHSTAN, having the force of law, “On the Procedure for Considering Appeals from Citizens,” June 19, 1995
Article 2. The Concept of Primary Forms of Appeal
In the present Decree, the concept used signifies the following:
5. Inquiry – an appeal expressing the a citizen’s need to receive information on questions of interest, of either a private or a public nature.
CONVENTION ON ACCESS TO INFORMATION, PARTICIPATION IN DECISION-MAKING, AND ACCESS TO JUSTICE IN ENVIRONMENTAL MATTERS
Article 4. ACCESS TO ENVIRONMENTAL INFORMATION
1. Each Party shall ensure that, subject to the following paragraphs of this article, public authorities, in response to a request for environmental information, make such information available to the public, within the framework of national legislation, including, where requested and subject to subparagraph (b) below, copies of the actual documentation containing or comprising such information:
(а) without an interest having to be stated.
LAW OF THE REPUBLIC OF KAZAKHSTAN “ON ENVIRONMENTAL PROTECTION”, July 15, 1997 (with amendments and additions in accordance with Laws of the RK No. 381-1from May 11, 1999; No. 488-1, November 29, 1999; and No. 205-II, June 4, 2001).
Preamble
Nature and its riches are the natural basis for the life and activity of the peoples of the Republic of Kazakhstan, their sustainable socio-economic development, and the increasing of their well-being.
The present Law determines the legal, economic, and social bases for the protection of the environment in the interests of the present and future generations and aimed at guaranteeing environmental security, preventing the harmful impact of economic or other activities on the natural environmental system, preserving biological diversity, and organizing rational use of natural resources.
Article 5. Rights and obligations of citizens in the field of environmental protection.
1. Each citizen and person without citizenship, as well as foreigners located on the territory of the Republic of Kazakhstan, has the right to an environment beneficial for life and health, reliable information regarding its state and measures for its improvement, and compensation for harm inflicted on his or her health and property as a consequence of the violation of environmental protection legislation.
Article 6. Rights and obligations of public associations in the field of environmental protection.
1. Public associations, in carrying out their activities in the field of environmental protection, have the right to:
receive from state bodies and organizations timely, full, and reliable information regarding the state of the environment and measures for its improvement…
LAW OF THE REPUBLIC OF KAZAKHSTAN No. 219-1, “ON RADIATION SAFETY”, April 23, 1998
Article 20. The Right of Citizens and Public Associations and Organizations to Receive Information
Citizens and public association and organizations have the right to receive information regarding radiation safety through the appropriate state agencies on the use of atomic energy and though the mass media, in accordance with the legislation of the Republic of Kazakhstan on the use of atomic energy.
May 24, 2002
Signatures affixed to the appeal of May 24, 2002, aimed at the implementation of state policy and state programs regarding radiation safety in the Republic of Kazakhstan.
Total of 14 signatures.
Sent to addressees June 19, 2002
Translated by Glenn Kempf
Translated September 24, 2002