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Summary of Lawsuits in 2009 by the Ecological Society Green Salvation

1. Lawsuit on the Refusal of the Statistics Department of Eastern Kazakhstan Oblast
to Provide Environmental Information*.

The lawsuit was submitted on October 9, 2008, to the Specialized Inter-regional Economic Court of Eastern Kazakhstan Oblast (SIEC EKO).

The lawsuit demands:
1. To recognize the lawsuit as substantiated.
2. To recognize as illegal the defendant’s categorization of the requested information as information with limited access.
3. To require the defendant to provide the requested information.
4. To recover the trial expenses from the defendant.

On November 27, 2008, the Specialized Inter-regional Economic Court of Eastern Kazakhstan Oblast issued a decision on satisfaction of the complaint.
On December 11, the Statistics Department of Eastern Kazakhstan Oblast submitted a complaint to the Eastern Kazakhstan Oblast Court’s Board on Civic Affairs.
On January 9, 2009, the Eastern Kazakhstan Oblast Court’s Board on Civil Affaires kept the decision taken by the SIEC EKO unchanged, and the complaint was not satisfied.
On March 9, the Statistics Department of Eastern Kazakhstan Oblast filed a complaint for review.
On April 17, the Eastern Kazakhstan Oblast Court’s Board on Civil Affaires kept the decision taken by the SIEC EKO unchanged, and the complaint for review was not satisfied.

The decision came into force. On May 5, the Statistics Department of Eastern Kazakhstan Oblast provided the information requested.

* * *

2. Lawsuit on the Government of the Republic of Kazakhstan’s failure to act and on
acknowledging the Senior Sanitary Inspector’s statement regarding reduction
of the Sanitary Protection Zone (SPZ) to be invalid.

The lawsuit in the interests of Berezovka village residents (Western Kazakhstan Oblast) was filed on June 19, 2008 to the Specialized Inter-regional Economic Court (SIEC) of Astana city. The lawsuit was filed jointly with the Kazakhstan International Bureau for Human Rights and Rule of Law and the Nationwide Public Organization “Shanyrak”.

The lawsuit demands:

1. The government’s failure to take measures in protection of citizens’ rights and freedoms, ensuring justice and safety for the residents of Berezovka village, who have had to live within the limits of Sanitary Protection Zone (SPZ), shall be recognized as inaction.

2. The Government’s failure to control activity of the Ministries and other central and local executive authorities, in regards of implementation of legislation and international agreements, shall be recognized as inaction.

3. The Government’s failure to comply with its obligations by violating the provisions of the Aarhus Convention (Articles 3.2, 3.3, 3.9, 4 and 6) and the Law “On Environmental Assessment” of 1997 (Articles 13, 14, 15.1, 16 and 36) when taking decision about reduction of the SPZ, shall be recognized as inaction.

4. The Senior Sanitary Inspector’s statement #07-2 dated on January 16, 2004, to an Addendum to the Draft “The Sanitary Protection Zone of the Karachaganak Oil and Gas Condensate Field” dated on December 25, 2003, shall be recognized as invalid.

5. To require the Government to resolve the issue in accordance with the legislation, to relocate the residents of the Berezovka village to a safe and healthy location, and provide them with adequate housing taking into account their opinions.

6. To require the Government to resolve the question of compensation of material and moral damage caused to the residents of Berezovka village.

On December 11, 2008, the Astana City Court’s Board on Civic Affairs made a decision about satisfaction of the claimants’ demands and filed the lawsuit to the Almaty District Court of the city of Astana for further consideration.
On January 30, 2009, the judge of Almaty District of the city of Astana made a decision that the case was lacking of jurisdiction, by this violating the decision of the Astana City Court’s Board on Civic Affairs.
On March 12, the Astana City Court’s Board on Civic Affairs made a decision about filing the case to the SIEC of Astana.
On April 30, the SIEC acknowledged as invalid the decision of the Senior Sanitary Inspector dated on January 16, 2004, related to an Addendum to the Draft “The Sanitary Protection Zone of the Karachaganak Oil and Gas Condensate Field”.
Other lawsuit demands were left unsatisfied. The 5-km sanitary protection zone of the KPO was restored.
On June 10, the Astana City Court’s Board on Civic Affairs refused to satisfy the claimants and defenders’ appeal.
On July 31, a claim for review is filed to the Astana City Court’s Board on Civic Affairs.
On September 10, the Board held a preliminary hearings of the claim and refused to initiate a review procedure.
On October 1, a claim for review is filed to the Supreme Court.
On December 23, 2009, the Supreme Court considered the claim for review and satisfied all points. The case is sent for new consideration to the SIEC.

The case remains open.

* * * 

3. Lawsuit on Banning All Types of Economic Activity in the Water Protection Strip of the Yesentai River (Almaty City),
and Cleaning the Land Plot from Construction Waste and Soil.

The lawsuit was submitted in the interests of the residents of the city of Almaty on October 28, 2008 in the Medeu District Court of Almaty City.

The lawsuit demands:

1. To oblige the private property owner to remove the construction waste and soil from the portion of the land plot located in the water conservation zone and water protection strip of the Yesentai River.

2. To prohibit the property owner of the land plot from undertaking construction or any other economic activity in the water protection strip.

On December 18, the Medeu District Court of Almaty City refused to satisfy the lawsuit demands.
On February 26, 2009, the Almaty City Court’s Board on Civic Affairs kept the decision made by the Medeu District Court unchanged and left the claimants’ appeal without satisfaction.
On June 3, a complaint for review is filed to the Almaty City Court’s Board on Civic Affairs.
On June 17, the Almaty City Court’s Board on Civil Affaires refused to satisfy the complaint for review.
On June 26, a complaint for review is submitted to the Supreme Court’s Court’s Board on Civic Affairs.
On June 23, the Board refused to satisfy the complaint for review.

* * *

4. Lawsuit to Recognize as Invalid the Conclusions of the State Environmental Assessment,
and to Suspend the Activities of “Tsentrbeton Ltd.”.

The lawsuit was submitted in the interests of the residents of Almaty city on October 31, 2008 in Court No.2 of the Bostandyksky District of Almaty City.

The lawsuit demands:

1. To recognize as invalid the conclusions of the state environmental assessment #03-08-543 (Februrary 27, 2007), conducted by the Almaty City Territorial Department of Environmental Protection (now the “Balkhash-Alakolsky Ecology Department of the Committee for Ecological Regulation and Control”).

2. To require the Akimat of the city of Almaty to suspend the economic activities of “Tsentrbeton Ltd.” until it is brought into full compliance with the requirements of the Republic of Kazakhstan’s Environmental Code.

On February 11, the court made a decision about recognition of the conclusions of the state environmental assessment to be invalid and about suspending the economic activities of the enterprise.
On April 3, the Almaty City Court’s Board on Civic Affairs satisfied the defenders; appeal and cancelled the decision of the Bosstandyk District Court #2.
On June 3, disagreed with the decision of the appeal board, the Ecological Society sent a complaint for review to the Almaty City Court’s Board on Civic Affairs.
On June 17, the Almaty City Court’s Board on Civic Affairs refused to satisfy the complaint for review filed by the Ecological Society.
On June 26, a complaint for review is submitted to the Supreme Court’s Board on Civic Affairs.
On September 10, the board held preliminary hearings of the complaint and made a decision about initiating a review procedure.
On September 16, the Supreme Court’s Board on Civic Affairs partially satisfied the complaint for review. The decisions of the Almaty City Court’s Board on Civic Affairs on the appeal and complaint for review of the Ecological Society were cancelled. .
The case is forwarded for a new consideration to the Bosstandyk Court #2.
On October 21, on-site court hearings took place at the “Tsentrbeton Ltd.” facilities and on the claimants’ plot of land attached to their house.
November 30, the court refused to satisfy the lawsuit demands.
December 9, an appeal is filed to the Almaty City Court’s Board on Civic Affairs.

The case remains open.

* * * 

5. Lawsuit on recognizing as invalid the Government’s Decree and
“Rules of providing paid services by the governmental bodies in the area of forest industry and specially protected natural territories”.

The lawsuit is filed to the Supreme Court on June 26, 2009.

The lawsuit demands:

1. To recognize the Government’s Decree dated on April 27, 2009, under #586 “About approval of the “Rules of providing paid services by the governmental bodies in the area of forest industry and specially protected natural territories” to be invalid and totally contradicting to the requirements of the Articles 4 and 8 of the Aarhus Convention and Articles 13, 14, 47, and 57 of the Environmental Code.

2. To recognize the “Rules of providing paid services by the governmental bodies in the area of forest industry and specially protected natural territories” to be invalid and totally contradicting to the requirements of the Articles 4 and 8 of the Aarhus Convention and Articles 13, 14, 47, and 57 of the Environmental Code

On July 15, the court refused to satisfy the lawsuit demands.
On August 12, a petition concerning the illegitimacy of the Supreme Court’s decision on the case related to the Government’s Decree litigation is filed to the General Public Prosecutor’s Office.
On August 12, because of the judge’s violation of the national and international law during consideration of the lawsuit, the Ecological Society sent an appeal to the Head of the Supreme Court.
On September 4, a reply was received in which a suggestion to address to the Supreme Court’s Review Board on Civic Affairs was made.
On September 11, the General Public Prosecutor’s Office replied that no violation was found in the decision of the court.
On September 14, a complaint for review was filed to the Supreme Court’s Review Board on Civic Affairs.
On October 15, the court refused to satisfy the complaint for review.

* * * 

6. Lawsuit about the Ministry of Public Health’s refusal to provide information.

The lawsuit in the interests of Berezovka village residents was filed to the Essil District Court #2 of Astana City on June 26, 2009.

The lawsuit demands:

1. To acknowledge the refusal of the Ministry of Public Health and Committee of the State Sanitary and Epidemiological Control of the Ministry of Public Health to provide information, in particular, a report on “Evaluation of health conditions of the people living in the area of Karachaganak oil and gas condensate deposit”, to be inaction violating the rights and lawful interests of a juridical person.

2. To require the Ministry of Public Health to provide the Ecological Society Green Salvation with the information requested.

3. To exact the court legal costs from the Committee of the State Sanitary and Epidemiological Control of the Ministry of Public Health.

On July 3, 2009, Essil District Court #2 of Astana city made a decision on lack of jurisdiction.
On August 13, the lawsuit is filed to the SIEC of Astana.
On October 27, the court hearings took place. The SIEC of Astana declined to satisfy the lawsuit demands. Even though the Ecological Society was provided with one of the versions of the report in an electronic form, this did not satisfy the claimants.
On Novermber 12, an appeal is submitted to the Astana City Court
On December 9, 2009, a petition of appeal was considered by the Astana City Court. The Court refused to satisfy the petition.
On January 6, 2010, a petition is sent to the Supreme Court.

The case remains open.

* * *

7. Lawsuit about the by public authorities’ provision of inadequate information about

situation in the water protection zone of Yesentai River (city of Almaty)

The lawsuit in protection of interests of Almaty city residents was filed on September 3, 2009, to the Specialized Inter-regional Economic Court (SIEC) of Almaty City.

The lawsuit demands:

1. To acknowledge that the information provided to the Ecological Society Green Salvation by the Almaty Department of mobilization, civil defense, emergency prevention and response, Almaty Department of Health, Department of natural resources and regulation of natural resources utilization, Medeuskiy Akimat, Almaty City Territorial Department of Environmental Protection, Balkhash-Alakolsky Ecology Department of the Committee for Ecological Regulation and Control, represented in a form of an act dated on May 28, 2007, to be inadequate.

2. To make a special legal counsel ruling to the president of the Republic of Kazakhstan, minister of health, and minister of emergency response on provision of inadequate environmental information by the governmental bodies within their jurisdiction which violates the code of honor of a governmental employee.

On September 16, 2009, the SIEC determined that the case needs to be returned due to contained mistakes.
On September 24, the lawsuit was re-filed to the SIEC of Almaty City.
On November 12, a special claim is submitted to the Almaty City Court.
On December 15, 2009, the case’s court jurisdiction was approved and the case was filed to the SIEC of Almaty.

The case remains open.

* * *

8. Lawsuit about cancellation of decisions, conclusions, and endorsements related to the project of construction of a module veterinary laboratory (city of Almaty).

The lawsuit in protection of the lawful interests of Almaty city residents was filed on October 16, 2009, to the Medeu District Court of Almaty City.

The lawsuit demands:

1. To cancel the permission of the Almaty Department of the State Architectural and Civil Engineering Control dated on August 14, 2009, under #224 allowing the construction works.

2. To cancel the permission given by the Department of Natural Resources and Regulation of Natural Resources of the city of Almaty, under #03-20-586 dated on June15, 2009.

3. To cancel the work order signed by the Almaty Department of the State Architectural and Civil Engineering Control under #018 dated on June 25, 2009, for opening of a foundation pit and removal of the soil.

4. To cancel the endorsement signed by the Department of Committee of the State Sanitary and Epidemiological Control of the city of Almaty #001 dated on 30.01.2008.

5. To cancel the endorsement of the Committee of the State Sanitary and Epidemiological Control of the Ministry of Public Health of the Republic of Kazakhstan #07-12-1730 dated on December 19, 2007.

6. To cancel the conclusion of the State Environmental Assessment by the Department of Natural Resources and Regulation of Natural Resources of the city of Almaty #04-08-280 dated on December 29, 2007, and the permission on emission into the environment dated on July 15, 2009, under #0000184, series А-07, as being illegitimate endorsements of the construction project of the module veterinary laboratory of the State Utility Enterprise “State Veterinary Laboratory” which lead to violation of the lawful interests of the district residents.

7. To acknowledge as illegitimate and invalid the project of construction of the module veterinary laboratory which realization lead to the violation of rights and lawful interests of the district residents.

8. To prohibit the placement, construction, and start-up works for the module veterinary laboratory performed with a violation of the legislation of the Republic of Kazakhstan.

On October 20, 2009, the court is made decision to return the case materials.
On November 9, a special claim is submitted to the Almaty City Court.
On November 10, a letter sent to the President (Direct Line with the President). The President Administration forwarded the letter to the Pubic Prosecutor of Almaty City for checking the case.
On December 1, the appeal is considered and the case is directed to the District Court for the trial procedure.
On December 28, 2009, a preliminary case consideration took place in the Medeu District Court.

The case remains open.

* * * 

9. Lawsuit about inaction of a governmental authority –
Committee of Court Administration under the Supreme Court.

The lawsuit was submitted in the interests of the residents of the city of Almaty on November 10, 2009, to the Essil District Court #2 of the city of Astana.

The lawsuit demands:

1. To recognize the failure of the Committee of Court Administration under the Supreme Court of the Republic of Kazakhstan to comply with its obligations and provide a timely realization of executive documents by the Court Administrator of the city of Almaty on execution of SIEC’s decisions dated on September 10, 2007, and October 21, 2008, to be an illegal action (inaction). On September 10, 2007, the court made a decision about liquidation of the illegal dump near Chimbulak health resort.

2. To require the Committee of Court Administration under the Supreme Court of the Republic of Kazakhstan to undertake legal measures to force the Court Administrator of the city of Almaty to start immediate implementation of the SIEC’s decisions indicated above.

On November 23, a special claim regarding the decision of a judge of the Essil District Court of the city of Astana was submitted to the Astana City Court.
On December 15, 2009, the Astana City Court determined the case’s court jurisdiction. The case was filed to the SIEC of Astana.

The case remains open.

——————————————————
Lawyer Svetlana Philippovna Katorcha defends the rights and legal interests of the Ecological Society Green Salvation in court.

* The rights and legal interests of the Ecological Society Green Salvation in court related to the Lawsuit on the Refusal of the Statistics Department of Eastern Kazakhstan Oblast to Provide Environmental Information are defended by Shitov Alexander Anatolyevich.
Translated by Sofya Tairova.

 

 

Summary of Lawsuits in 2017 by the Ecological Society Green Salvation
Summary of Lawsuits in 2016 by the Ecological Society Green Salvation
Summary of Lawsuits in 2015 by the Ecological Society Green Salvation
Summary of Lawsuits in 2014 by the Ecological Society Green Salvation
Summary of Lawsuits in 2013 by the Ecological Society Green Salvation
Summary of Lawsuits in 2012 by the Ecological Society Green Salvation
Summary of Lawsuits in 2011 by the Ecological Society Green Salvation
Summary of Lawsuits in 2010 by the Ecological Society Green Salvation
Summary of Lawsuits in 2009 by the Ecological Society Green Salvation
Summary of Lawsuits in 2008 by the Ecological Society Green Salvation
Summary of Lawsuits in 2007 by the Ecological Society Green Salvation

Summary of Lawsuits in 2008 by the Ecological Society Green Salvation

1. Lawsuit on the Refusal by the Statistics Department of Western Kazakhstan Oblast
to Provide Environmental Information*.

The lawsuit was filed in the interests of citizens on February 14, 2007 in the Court of the City of Uralsk, and then in the Specialized Inter-regional Economic Court of Western Kazakhstan Oblast (SIEC WKO).

The lawsuit demands:

1. To recognize the actions of the defendant—the Head of the Statistics Department of Western Kazakhstan Oblast, who refused to provide the Ecological Society Green Salvation with requested information regarding emissions of polluted matter into the atmosphere by the enterprise “Karachaganak Petroleum Operating, B.V.”—in violation of the rights and legal interests of a natural entity.

2. To require the defendant to provide the Ecological Society Green Salvation with the requested information.

3. To submit a court ruling to the Statistics Agency of the Republic of Kazakhstan on the lack of compliance with the laws of the Republic of Kazakhstan on the part of the Head of the Statistics Department of Western Kazakhstan Oblast.

On May 7, the SIEC WKO refused to satisfy the lawsuit demands.
On June 12, the Board of Appeals for Civic Affairs of the Western Kazakhstan Oblast Court retained the decision of the SIEC WKO without changes, and the appellate complaint without satisfaction.
The Review Board of the Western Kazakhstan Oblast Court refused to file a complaint for review.
In December, a complaint for review was filed with the Supreme Court’s Review Board on Civic Affairs.
On March 26, 2008, the Supreme Court’s Review Board on Civic Affairs made a decision on the satisfaction of the complaint: “The decision of the Specialized Inter-regional Economic Court of Western Kazakhstan Oblast from May 7, 2007 and the court ruling by the Board on Civ ic Affairs of the Western Kazakhstan Oblast Court from June 12, 2007 have been repealed. The Statistics Department of Western Kazakhstan Oblast is required to provide the ES Green Salvation with the requested environmental information.” A decision substantiated by the statutes of the Aarhus Convention!

The decision entered into legal force. On April 29, 2008, The Statistics Department of Western Kazakhstan Oblast provided the requested information.

* * * 

2. Lawsuit on the Refusal of the Subsidiary State Enterprise “AlmatygorNPTSzem”
to Provide Environmental Information.

The lawsuit was filed in the interests of local residents on September 24, 2007 in the Specialized Inter-regional Economic Court of Almaty City.

The lawsuit demands:

1. To recognize the actions of the defendant—the Director of “AlmatygorNPTSzem”, who refused to provide the Ecological Society Green Salvation with a copy of the state act on the right to private ownership of a land plot, which was allocated as a water conservation zone, as well as information on its registration in the “Center for Real Estate of Almaty City”—as an omission.

2. To require the Director of “AlmatygorNPTSzem” to provide the Ecological Society Green Salvation with a copy of the state act on the land plot, and information on its registration with the “Center for Real Estate of Almaty City”.

3. To submit a court ruling to the Akim of Almaty City on the lack of compliance with the laws of the Republic of Kazakhstan on the part of the Director of “AlmatygorNPTSzem”.

On November 23, the Court refused to satisfy the lawsuit demands.

The verdict was received on January 31, 2008.
On February 5, an oversight complaint was submitted to the Review Board on Civic Affairs of the Almaty City Court.
On April 1, the Review Board issued a decree of the court on the partial satisfaction of the complaint. The court ruling was denied.
The decision entered into legal force.
The subsidiary state enterprise “AlmatygorNPTSzem” provided the information.

* * * 

3. Lawsuit on the Repeal of the Decision by the Akimat of Almaty City on the Allocation of the Land Plot
in the Water Protection Strip of the Yesentai River, which is under Private Construction.

The lawsuit was filed in the interests of local residents on January 8, 2008 in the Specialized Inter-regional Economic Court of Almaty City, and then on January 17 in Court No. 1 of the Bostandykskу District of Almaty City, and then on February 1 in the Medeu District Court of Almaty City.

The lawsuit demands:

1. To recognize as illegal the decision of the Akimat of Almaty City to grant the right of private ownership of the land plot and a buy/sell agreement for this land plot, and to repeal them.

2. To recognize as illegal the State Act on the Right to Private Property on the land provided to “AlmatygorNPTSzem”, and repeal it.

3. To require the owners to remove all of the waste from the aforementioned land plot, located in the water protection strip, and to recultivate the plot.

4. To issue a court ruling on the violations of the laws of the Republic of Kazakhstan by state bodies.

On January 14, the Specialized Inter-regional Economic Court refused to admit the lawsuit in connection with the court’s lack of jurisdiction.
On January 17, the lawsuit was filed with Court No. 1 of the Bostandykskу District of Almaty City.
On January 24, Court No. 1 of the Bostandykskу District refused to admit the lawsuit in connection with the court’s lack of jurisdiction.
On February 1, the lawsuit was filed in the Medeu District Court of Almaty City.
On April 22, the Medeu District Court refused to satisfy the lawsuit.
On May 5, the Board of Appeals for Civic Affairs of the Almaty City Court rejected the appellate complaint.
On July 8, a complaint for review was filed in the Review Board on Civic Affairs of the Almaty City Court.
On July 16, the Review Board on Civic Affairs of the Almaty City Court refused to consider the complaint for review.
On July 31, a complaint for review was filed with the Supreme Court’s Review Board on Civic Affairs.
On September 25, the Supreme Court’s Review Board on Civic Affairs refused to renew the complaint.

* * * 
4. Lawsuit against the Administrator of the Courts of Almaty City
for Failing to Implement the Decision of the Specialized Inter-regional Economic Court of Almaty City
regarding the Liquidation of the Unsanctioned Dumping Ground
for Construction and Household Waste by the “Chimbulak” Mountain Ski Resort.

The lawsuit was filed on May 19, 2008, in the Specialized Inter-regional Economic Court (SIEC) of Almaty City.

The lawsuit demands:

1. To recognize as an omission the failure of the Administrator of the Courts to implement the September 10, 2007 decision by the SIEC of Almaty City.

2. To oblige the Administrator of the Courts of Almaty City to implement the September 10, 2007 decision the SIEC, in accordance with the Law “On Executive Legal Proceedings”.

On May 23, the SIEC refused to admit the lawsuit in connection with the court’s lack of jurisdiction.
On June 9, the lawsuit was filed in Court No. 1 of the Bostandyksky District of Almaty City.
On June 11, Court No. 1 of the Bostandyksky District refused to admit the lawsuit in connection with the court’s lack of jurisdiction.
On June 20, a private complaint was filed in the Almaty City Court.
On July 23, the Board on Civic Affairs of the Almaty City Court determined the jurisdiction.
On August 26, the lawsuit was filed for a second time in the SIEC.
On October 2, the SIEC began to review the lawsuit.
On October 21, the SIEC of Almaty City made a decision on the satisfaction of the complaint. The decision entered into legal force.

For more detailed information, please see…

* * * 

5. Lawsuit on the Government of Kazakhstan’s Failure to Act,
which has Led to the Violation of the Rights and Legal Interests of Citizens,
and on Acknowledging as Invalid the Conclusion of the Senior Sanitary Doctor
regarding the Reduction of the Sanitary Protection Zone (SPZ).

The lawsuit was submitted in the interests of the residents of the village of Berezovka (Western Kazakhstan Oblast) on June 19, 2008 in the Specialized Inter-regional Economic Court of Astana City. The lawsuit was filed jointly with the Kazakhstan International Bureau for Human Rights and Rule of Law and the Nationwide Public Organization “Shanyrak”.

The lawsuit demands:

1. To recognize that the Government’s failure to take measures to protect the rights and freedoms of citizens, specifically to ensure the legality and safety of the residents of the village of Berezovka, who have had to live within the Sanitary Protection Zone, is a violation of the rights of citizens to a healthy environment.

2. To recognize the Government’s failure to control the activities of the Ministries and other central and local executive bodies in regards to implementing laws and international agreements.

3. To recognize the Government’s failure to comply with its obligations by committing violations to the provisions of the Aarhus Convention (Articles 3.2, 3.3, 3.9, 4 and 6) and the 1997 Law “On Environmental Assessment” (Articles 13, 14, 15.1, 16 and 36) when deciding to reduce the SPZ.

4. To recognize as invalid the conclusion of the Senior State Sanitary Doctor (#07-2, January 16, 2004) in the Addendum to the Draft “The Sanitary Protection Zone of the Karachaganak Oil and Gas Condensate Field” from December 25, 2003.

5. To require the Government, in accordance with legislation, to resolve the question of relocating the residents of the village of Berezovka to a safe, healthy location and to provide them with adequate housing, taking into account their opinions.

6. To require the Government to resolve the question of compensation for material and moral damages caused to the residents of the village of Berezovka.

7. To recover the trial expenses from the defendant.

On June 23, the SIEC refused to accept the lawsuit in connection with the court’s lack of jurisdiction.
On July 7, the lawsuit was filed in the Almaty District Court of Astana City.
On July 15, the Almaty District Court of Astana City made a determination to halt the lawsuit without motion in connection with the need to incorporate changes into the lawsuit.
On July 31, an addendum to the lawsuit was sent to the Almaty District Court of Astana City.
On August 5, the Almaty District Court of Astana City refused to accept the lawsuit.
On September 29, a complaint was filed to the Astana City Court’s Board on Civic Affairs.
On December 11, the Astana City Court’s Board on Civic Affairs issued a decision on the satisfaction of the complaint and directed the lawsuit to be reviewed by the Almaty District Court of Astana City.

* * * 
6. Lawsuit on the Refusal of the Statistics Department of Eastern Kazakhstan Oblast
to Provide Environmental Information**.

The lawsuit was submitted on October 9, 2008, in the Specialized Inter-regional Economic Court of Eastern Kazakhstan Oblast (SIEC EKO).

The lawsuit demands:

1. To recognize the lawsuit as substantiated.

2. To recognize as illegal the defendant’s categorization of the requested information as information with limited access.

3. To require the defendant to provide the requested information.

4. To recover the trial expenses from the defendant.

On October 20, the court began to review the lawsuit.
On November 27, the Specialized Inter-regional Economic Court of Eastern Kazakhstan Oblast issued a decision on the satisfaction of the complaint.
On December 11, the Statistics Department of Eastern Kazakhstan Oblast submitted a complaint to the Eastern Kazakhstan Oblast Court’s Board on Civic Affairs.

* * * 
7. Lawsuit on Banning All Types of Economic Activity in the Water Protection Strip
of the Yesentai River (Almaty City),
and Releasing the Land Plot from Construction Soil.

The lawsuit was submitted in the interests of the residents of the city of Almaty on October 28, 2008 in the Medeu District Court of Almaty City.

The lawsuit demands:

1. To oblige the private property owner to remove the construction soil from the portion of the land plot located in the water conservation zone and water protection strip of the Yesentai River.

2. To prohibit the property owner of the land plot from undertaking construction or any other economic activity in the water protection strip.

On November 7, the court began to review the lawsuit.
On December 18, the Medeu District Court of Almaty City refused to satisfy the lawsuit requirements.

* * * 
8. Lawsuit to Recognize as Invalid the Conclusions of the State Environmental Assessment,
and to Suspend the Activities of “Tsentrbeton Ltd.”.

The lawsuit was submitted in the interests of the residents of Almaty city on October 31, 2008 in Court No.2 of the Bostandyksky District of Almaty City.

The lawsuit demands:

1. To recognize as invalid the conclusions of the state environmental assessment #03-08-543 (Februrary 27, 2007), conducted by the Almaty City Territorial Department of Environmental Protection (now the “Balkhash-Alakolsky Ecology Department of the Committee for Ecological Regulation and Control”).

2. To require the Akimat of the city of Almaty to suspend the economic activities of “Tsentrbeton Ltd.” until it is brought into full compliance with the requirements of the Republic of Kazakhstan’s Ecological Code.

On November 7, the court began to review the lawsuit.

The lawsuit review was postponed until early 2009.

———————————————————
Lawyer Svetlana Philippovna Katorcha defends the rights and legal interests of the Ecological Society Green Salvation in court.

* The lawsuit on the refusal of the Statistics Department of Western Kazakhstan Oblast to provide environmental information is represented in court by Pavel Mikhailovich Kochetkov, Director of the Western Kazakhstan Branch of Kazakhstan International Bureau for Human Rights and Rule of Law.

** The rights and legal interests of the Ecological Society Green Salvation are represented by Alexander Anatolyevich Shitov in the lawsuit on the refusal of the Statistics Department of Eastern Kazakhstan Oblast to provide environmental information.
Translated by Michelle Kinman.

 

 

Summary of Lawsuits in 2017 by the Ecological Society Green Salvation
Summary of Lawsuits in 2016 by the Ecological Society Green Salvation
Summary of Lawsuits in 2015 by the Ecological Society Green Salvation
Summary of Lawsuits in 2014 by the Ecological Society Green Salvation
Summary of Lawsuits in 2013 by the Ecological Society Green Salvation
Summary of Lawsuits in 2012 by the Ecological Society Green Salvation
Summary of Lawsuits in 2011 by the Ecological Society Green Salvation
Summary of Lawsuits in 2010 by the Ecological Society Green Salvation
Summary of Lawsuits in 2009 by the Ecological Society Green Salvation
Summary of Lawsuits in 2008 by the Ecological Society Green Salvation
Summary of Lawsuits in 2007 by the Ecological Society Green Salvation

Summary of Lawsuits in 2007 by the Ecological Society Green Salvation*

No. 1
Lawsuit on Refusal to Provide Environmental Information by
the Statistics Department of Western Kazakhstan Oblast.**

The lawsuit was filed in the interests of citizens on February 14, 2007 in the Court of the City of Uralsk, and then in the Specialized Inter-regional Economic Court of Western Kazakhstan Oblast (SIEC WKO).

The lawsuit demands:

1. To recognize the actions of the defendant— A. Khamzin, the Head of the Statistics Department of Western Kazakhstan Oblast, who refused to provide the Ecological Society Green Salvation with requested information regarding emissions of polluted matter into the atmosphere by the enterprise “Karachaganak Petroleum Operating, B.V.”—in violation of the rights and legal interests of a natural entity.

2. To require A. Khamzin to provide the Ecological Society Green Salvation with the requested information on emissions of polluted matter into the atmosphere by the enterprise “Karachaganak Petroleum Operating, B.V.”.

3. To submit a court ruling to the Statistics Agency of the Republic of Kazakhstan on the lack of compliance with the laws of the Republic of Kazakhstan on the part of A. Khamzin, the Head of the Statistics Department of Western Kazakhstan Oblast.

On May 7, the SIEC WKO refused to satisfy the lawsuit demands.
On June 12, the Board of Appeals for Civic Affairs of the Western Kazakhstan Oblast Court retained the decision of the SIEC WKO without changes, and the appellate complaint without satisfaction.
The Review Board of the Western Kazakhstan Oblast Court refused to file a complaint for review.
In December, a complaint for review was filed with the Supreme Court’s Review Board on Civic Affairs.

* * * 
No. 2
Lawsuit on Refusal to Provide Environmental Information by
the Statistics Department of Karaganda Oblast.

The lawsuit was filed on April 3, 2007 in the Specialized Inter-regional Economic Court of the city of Karaganda; and then filed on June 4 in the Court of the Kazybek bi District of Karaganda city.

The lawsuit demands:

1. To recognize the actions of the defendant—L.V. Kolesova, the Head of the Statistics Department of Karaganda Oblast, who refused to provide the Ecological Society Green Salvation with requested information regarding emissions of polluted matter into the atmosphere by “Mittal Steel Temirtau”—in violation of the rights and interests of a legal entity.

2. To require L.V. Kolesova to provide the Ecological Society Green Salvation with the requested information.

3. To submit a special determination to the Statistics Agency of the Republic of Kazakhstan on the lack of compliance with the laws of the Republic of Kazakhstan on the part of L.V. Kolesova, the Head of the Statistics Department of Karaganda Oblast.

4. To extract payment from L.V. Kolesova for legal expenses.

On July 23, the Court of the Kazybek bi District of Karaganda city refused to satisfy the lawsuit demands.
The decision was not appealed via an appeals procedure.
On October 15, the Review Board of the Karaganda Oblast Court refused to file a complaint for review.
On December 6, the Supreme Court’s Review Board on Civic Affairs refused to file a complaint for review.

* * * 
No. 3
Lawsuit on Refusal to Provide Environmental Information by
the Akimat of Almaty City regarding Construction in the “Medeu” Hollow.

The lawsuit was filed on May 16, 2007 in the Specialized Inter-regional Economic Court of the city of Almaty.

The lawsuit demands:

1. To recognize the actions of the defendant—the Akimat of the city of Almaty, who refused to provide the Ecological Society Green Salvation with requested information—in violation of the rights and interests of a legal entity, i.e. to declare the actions as an omission.

2. To require the Akimat of the city of Almaty to provide the Ecological Society Green Salvation with information regarding the construction of a new aerial cable tramline to carry vacationers from “Medeu” to the “Shymbulak” mountain ski resort.

3. To submit a special determination to the President of the Republic of Kazakhstan on the lack of compliance with the laws of the Republic of Kazakhstan on the part of the Akimat of the city of Almaty.

4. To extract payment from the Akimat of Almaty city for legal expenses.

On June 6, the defendant provided the information during a court meeting. The judge issued a determination not to review the lawsuit statement.

* * * 
No. 4
Lawsuit on Refusal to Provide Environmental Information by “Tsentrbeton Ltd”.

The lawsuit was filed together with local residents and in their interests on August 2, 2007 in the Specialized Inter-regional Economic Court of the city of Almaty; and then filed on September 24 in Zhetysuisk District Court No. 1 of the city of Almaty.

The lawsuit demands:

1. To recognize the actions of the defendant—M.K. Nurimov, the Director of “Tsentrbeton Ltd.”, who refused to provide citizen L.A. Gatina with requested information—in violation of the rights and interests of a citizen, i.e. to declare the actions as an omission.

2. To require M.K. Nurimov, the Director of “Tsentrbeton Ltd.”, to provide report data on industrial environmental control for the first quarter of the year, and data on emissions monitoring and monitoring of the impact of “Tsentrbeton” on the health of the population.

On December 10, Zhetysuisk District Court No. 1 of Almaty city issued a verdict in absentia regarding the satisfaction of the lawsuit.
The verdict entered into court in absentia.
The court’s verdict will not be executed until January 31, 2008.

* * *
No. 5
Lawsuit on Refusal to Provide Environmental Information by
the Subsidiary State Enterprise “AlmatygorNPTSzem”.

The lawsuit was filed in the interests of local residents on September 24, 2007 in the Specialized Inter-regional Economic Court of the city of Almaty.

The lawsuit demands:

1. To recognize the actions of the defendant—E.S. Kurmashev, the Director of “AlmatygorNPTSzem”, who refused to provide the Ecological Society Green Salvation with a copy of the state act on the right to private ownership of the A. Birtanov land plot, which was allocated as water conservation zone, as well as information on its registration in the “Center for Real Estate of Almaty City”—as an omission.

2. To require the E.S. Kurmashev to provide the Ecological Society Green Salvation with a copy of the state act on the A. Birtanov land plot, and information on its registration with the “Center for Real Estate of Almaty City”.

3. To submit a court ruling to I. Tasmagambetov, the Akim of Almaty City on the lack of compliance with the laws of the Republic of Kazakhstan on the part of E.S. Kurmashev, Director of “AlmatygorNPTSzem”.

On November 23, the Court refused to satisfy the lawsuit demands.
The verdict was received on January 31, 2008.
On February 5, 2008, an oversight complaint was submitted to the Review Board of the Almaty City Court.

* * * 
No. 6
Lawsuit on Refusal to Provide Environmental Information by the Akimat of the City of Almaty
regarding Plans for Construction in the Kokzhailau Hollow.

The lawsuit was filed on October 22, 2007 in the Specialized Inter-regional Economic Court of the city of Almaty.

The lawsuit demands:

1. To recognize the actions of the defendant—the Akimat of the city of Almaty, who failed to provide information on the planned construction of the “Kokzhailau” mountain ski resort, the duration of the project’s development and the execution of the project—as an omission.

2. To require the Akimat of the city of Almaty to provide the Ecological Society Green Salvation with the aforementioned information.

3. To extract payment from the Akimat of Almaty city for legal expenses.

On November 14, the SIEC issued a verdict in absentia regarding the satisfaction of the lawsuit.
The verdict entered into court in absentia.
Until January 31, 2008, the court’s verdict will be partially executed, in connection with which the Ecological Society Green Salvation sent a new inquiry to the Akimat.

* * * 
No. 7
Lawsuit on Omissions by State Bodies that have Led to
the Origin of an Unsanctioned Dumping Ground.

The lawsuit was filed on May 16, 2007 in the Specialized Inter-regional Economic Court of the city of Almaty.

The lawsuit demands:

1. To recognize the failure on the part of the defendants—the Akimat of the city of Almaty, and the Almaty City Territorial Department on Environmental Protection—to exercise control over the actions of “Chimbulak” to liquidate the unsanctioned dumping ground, as a result of which the dumping ground is damaging the environmental system of a Specially Protected Natural Territory, which should be recognized as a violation of the law or an omission.

2. To require “Chimbulak” to pay for the damage caused to the surrounding natural environment by recultivating the territory on which the unsanctioned dumping ground is situated.

3. To require the Akimat of the city Almaty and the Almaty City Territorial Administration for Environmental Protection to exercise control for the liquidation of the unsanctioned dumping ground in the area of the “Chimbulak” mountain ski resort.

4. To submit a court ruling to the President of the Republic of Kazakhstan on the inactivity of the Akimat of the city of Almaty; and to the Ministry of Environmental Protection on the inactivity of the Almaty City Territorial Department on Environmental Protection.

5. To extract payment from the Akimat of Almaty city for legal expenses.

On September 10, the Court issued a verdict on the satisfaction of the lawsuit.
The verdict entered into legal force.
The court’s verdict will not be executed until January 31, 2008.

——————————————————-

* Lawyer Svetlana Philippovna Katorcha defends the rights and legal interests of the Ecological Society Green Salvation in court.

** The lawsuit on the refusal of the Statistics Department of Western Kazakhstan Oblast to provide environmental information is represented in court by Pavel Mikhailovich Kochetkov, Director of the Western Kazakhstan Branch of Kazakhstan International Bureau for Human Rights and Rule of Law.
Translated by Michelle Kinman.

 

 

Summary of Lawsuits in 2017 by the Ecological Society Green Salvation
Summary of Lawsuits in 2016 by the Ecological Society Green Salvation
Summary of Lawsuits in 2015 by the Ecological Society Green Salvation
Summary of Lawsuits in 2014 by the Ecological Society Green Salvation
Summary of Lawsuits in 2013 by the Ecological Society Green Salvation
Summary of Lawsuits in 2012 by the Ecological Society Green Salvation
Summary of Lawsuits in 2011 by the Ecological Society Green Salvation
Summary of Lawsuits in 2010 by the Ecological Society Green Salvation
Summary of Lawsuits in 2009 by the Ecological Society Green Salvation
Summary of Lawsuits in 2008 by the Ecological Society Green Salvation
Summary of Lawsuits in 2007 by the Ecological Society Green Salvation

AN OIL DEMOCRACY, OR THE STORY OF BEREZOVKA

The village of Berezovka is located in the Burlinsky District of Western Kazakhstan Oblast. It was formerly a central farmstead in the “Akbulaksky” state farm, one of the wealthiest farms in the oblast. Nearly 1400 people currently reside in the village.

In 1979, the Karachaganak Oil and Gas Condensate Field was opened adjacent to Berezovka. In 1997, the international consortium “Karachaganak Petroleum Operating, B.V.” began developing the field, leading to severe environmental pollution.

KPO is one of the largest projects in the Republic of Kazakhstan, and has been included in a list from the Ministry of Environmental Protection of enterprises that are particularly dangerous to the environment. In 2002, the Ministry of Public Health established a Sanitary Protection Zone (SPZ) with a radius of 5000 meters around the Karachaganak Field, and a portion of the village of Berezovka falls within this zone. In accordance with Kazakhstani legislation, people are not permitted to live within Sanitary Protection Zones. For this reason, the residents of the village should have been relocated to a safe location. The issue of relocation has been raised repeatedly with local authorities and authorized government bodies.

However, in 2004, the State’s Senior Sanitary Doctor made the decision to reduce the SPZ from 5000 to 3000-3840 meters, violating a number of requirements set forth in national legislation and in the Aarhus Convention. As a result, the village of Berezovka found itself outside of the SPZ’s boundaries.

In 2006, the General Public Prosecutor issued a protest against this decision. As a result, the decision was recognized as illegal and it no longer carries legal force. Today, the SPZ has been restored to 5000 meters.

Since 2002, the residents of Berezovka have tried unsuccessfully to defend their rights to live in a healthy environment. Their repeated appeals to the authorities and KPO to resolve the issue of relocation have not led to any concrete results.

In 2004, Berezovka residents were compelled to submit a complaint to the International Finance Corporation’s (IFC) Office of Compliance Advisor/Ombudsman (CAO). In 2002, the IFC awarded a $150 million loan for development of the Karachaganak Field to Lukoil, which together with ENI, BG Group, and Chevron, comprises KPO. Therefore, the local residents appealed to the CAO, stating that the IFC’s investment is fostering environmental pollution. In 2007 and 2008, two additional complaints were filed, raising the issue of the need to relocate the residents of the village and to provide them with compensation for damages incurred. In response to the first complaint, the CAO conducted an audit, the results of which were published in April 2008. The CAO acknowledged that KPO’s monitoring of atmospheric emissions and water quality was not in compliance with the IFC’s standards. The complaint review process is still underway.

In 2007, KPO was the focus of a corruption scandal. The United States District Court for the Southern District of Texas, found the American company Baker Hughes, which was a contractor at KPO, guilty of bribing Kazakhstani bureaucrats. As such, the American entrepreneurs were awarded a profitable contract to participate in the preparatory work at the Karachaganak Field.

In connection with the Government’s failure to act, on June 19, 2008, the Ecological Society Green Salvation, the Kazakhstani International Bureau for Human Rights and Rule of Law, and the Nationwide Public Association “Shanyrak” filed a lawsuit in Kazakhstan on behalf of the residents of the village of Berezovka.
Translated by Michelle Kinman.

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KARACHAGANAK IN THE NEWS (Crude Accountability)

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Appeal Regarding the Emergency Situation in the Village of Berezovka (2.12.2014)

— Sinkholes Appear in and Around the Village of Berezovka Near the Karachaganak Field in Kazakhstan (19.01.2011)

— A Town that Suffers because of World Bank Inaction (youtube — CrudeAccountability) (2010).

—  A lawsuit about the government inactivity. Court on-site hearings in Berezovka village (13.05.2010)

Kazakhstan has Charged an Oil Extraction Consortium $700 Million in Illegal Revenue (Gazeta.ru, 26.03.2010)

— The People have Taken a Partial Step towards Victory (Republic, 02.02.2010)

Lawsuit on the Government’s Failure to Act: A Complaint has been Submitted! (27.02.2009)

For the first time, a court in the Republic of Kazakhstan has agreed to review a lawsuit from the public against the government for its failure to act, which has led to a violation of the right of citizens to a healthy environment (27.01.2009).

— On May 9, the Ecological Society Green Salvation and Crude Accountability submitted a joint complaint to the Compliance Advisor Ombudsman (CAO) of the International Finance Corporation (IFC) to protect the rights of Berezovka residents (Burlinsky District, Western Kazakhstan Oblast). It is the third public complaint to the CAO regarding this problem. On June 5, the CAO announced that an assessment of the complaint will be undertaken.

Supreme Court of the Republic of Kazakhstan — Decree of the Court No. 4GP-64-08 (26.03.2008)

APPRAISAL REPORT. Case of Green Salvation / Residents in the Village of Berezovka II (15.01.2008)

ASSESSMENT REPORT. Case regarding the Green Salvation Ecological Society and Karachaganak Petroleum Operation (15.11.2007)

Letter from Office of the Compliance advisor/Ombudsman (25.07.2007)

Appeal of Kazakhstani and American NGOs to the World Bank (13.06.2007)

—  IFC Officially Confirmed That the Complaint Is Eligible for Further Assessment (02.05.2007)

Complaint to Compliance Advisor/Ombudsman International Finance Corporation (11.04.2007)

An Oil Democracy, or the Story of Berezovka (Green Salvation Herald, 2006)

—  Film «Svetlana’s Story» (08.2003)

Monitoring the implementation of the Aarhus convention in the republic of Kazakhstan (2005-2006)

On October 23, 2000, the Republic of Kazakhstan ratified the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention). It entered into force on October 30, 2001. As of that date, all of the Convention’s provisions became legally binding for the Parties to the Convention.

In contrast to other international agreements in which the Parties to the Convention fulfill obligations only before one another, this Convention goes further, aiming to guarantee the rights of citizens and not simply the rights of the Parties. It obliges that “each Party shall guarantee the rights of access to information, public participation in decision-making, and access to justice in environmental matters” (Aarhus Convention…, Article 1.).

Based on the provisions of Article 15 of the Convention, the Parties to the Convention resolved at the First Meeting of the Parties in Lucca in October 2002 to create a Compliance Committee. The Committee is obligated to review communications from the public regarding non-compliance with the Convention’s norms.

The Aarhus Convention’s Compliance Committee began its operations at the end of 2003. Two communications (ACCC/C/2004/01 and ACCC/C/2004/02) submitted to the Committee from the citizens of Kazakhstan and the Ecological Society Green Salvation (Almaty, Kazakhstan) in 2004 were among the first that it received.

Having reviewed these communications at the end of 2004 and beginning of 2005, the Committee found Kazakhstan in violation of a number of the Convention’s requirements. The Committee’s conclusions and recommendations were confirmed at the Second Meeting of the Parties in May 2005 by decision II/5a. In accordance with this document, by the end of 2005, Kazakhstan was to present to the Compliance Committee “a strategy, including a time schedule, for transposing the Convention’s provisions into national law and developing practical mechanisms and implementing legislation that would set out clear procedures for their implementation.”

The course of events from April 2005 to August 2006 is described in the following summary.

Legislation

Literally a few days after the completion of the Second Meeting of the Parties, on May 30, 2005, the law “On International Agreements of the Republic of Kazakhstan” was passed.  Article 20 of the law states:

“1.  Every active international agreement of the Republic of Kazakhstan is subject to obligatory and conscientious execution by the Republic of Kazakhstan.

2.  In the event of a contradiction between international agreements of the Republic of Kazakhstan and the laws of the Republic of Kazakhstan, international agreements of the Republic of Kazakhstan are subject to change, suspension or termination of force.”

The provisions of Point 2 threaten Kazakhstan’s compliance with the Aarhus Convention and contradict Article 4, Point 3 of the Constitution of the Republic of Kazakhstan, which states:

“International agreements ratified by the Republic supersede national laws, effective immediately, except in cases when an international agreement requires the passing of a new law.”

On September 13, 2005, a Deputy of the Mazhilis of Parliament officially raised the question of repealing this article.

On October 22, the government found that Article 20, Point 2 of the law in question is “an obvious violation of Article 27 of the Vienna Convention on the Law of Treaties, in accordance with which a government does not have the right to refer to the provisions of its domestic law as justification for not fulfilling its agreements.” The government noted that the application of Point 2 in practice has already caused difficulties and a negative reaction abroad (Letter from the Government of the Republic of Kazakhstan, October 22, 2005, No. 12-8/5206).

On January 25, 2006, the Mazhilis found Article 20, Point 2 of the law “On International Agreements of the Republic of Kazakhstan” in contradiction with the Constitution and came out in favor of its repeal (Reference System “Yurist”, June 2, 2006).

As of our date of publication, no changes to the law had been made.

In early 2006, preparation of Kazakhstan’s Environmental Code was initiated. According to statements by official bodies, one of the goals of developing the Code is to bring national environmental protection legislation into conformity with the provisions of the Aarhus Convention.

Actions by state bodies

On June 3, 2005, the newspaper “Panorama” (No. 21) published  a piece on the results of the Second Meeting of the Parties of the Aarhus Convention in Almaty, with a commentary by the Minister of Environmental Protection, A.S. Samakova.  In particular, she said that “one should consider the fact that representatives of Kazakhstan submitted appeals to the Committee as recognition of the real work of the Aarhus Convention (rather than the work on the Protocols) in the Republic. In the course of a few months, a lawsuit will come to trial, brought by an Almaty resident against a cement factory that, in the opinion of the plaintiff, is in violation of environmental norms. In terms of the remaining appeals, the leadership of the Convention’s Compliance Committee considered the government’s actions to be optimal and sufficient to stabilize the conflicts.”

A panel from the Ministry of Environmental Protection met on July 7, and on the agenda was the issue of “Progress Implementing International Conventions in the Field of Environmental Protection.” The presenter, the Director of the Department of Normative/Legal Security and International Collaboration, A.G. Bragin, offered general information on Kazakhstan’s compliance with ratified conventions and protocols.  He noted that, “the work to implement conventions does not bear a systemic character: rather, it is observed only in the periods when quarterly reports are presented.” In the portion of the presentation entitled “About Primary Conventions” nothing was said about the work to implement the Aarhus Convention or the results of the Second Meeting of the Parties.

On September 22, the Commission for Human Rights under the President of the Republic of Kazakhstan discussed questions regarding the protection of citizens’ environmental rights. Based on the information presented by the Deputy Minister of Environmental Protection, S. Kesikbaev, the meeting participants came to the conclusion that the right of citizens to an environment favorable for life and health is substantially limited as a result of the influence of such factors as insufficient financing for environmental protection measures and violations of the norms of environmental legislation (www.earthwire.org/cache.cfm?aid=97996).

On October 4, the “Planned Steps to Achieve the Decisions of the Second Conference of Parties to the Aarhus Convention”** was published on the website of the Ministry of Environmental Protection (www.nature.kz/obsuzhdenie/Orhus/plan_orhus.pdf).

On November 21, a public hearing was held at the Kazakh Society for the Protection of Nature regarding the submission of additions to the comprehensive program for improving the environmental situation of the city of Almaty, which is reviewed periodically. In the updated version of the document, there is no mention of measures to improve the environmental situation in the Mountain Giant District and the MVD Settlement, measures that should have been taken in connection with the decision of the Aarhus Convention’s Compliance Committee.

On January 1, 2006, the deadline expired for the Republic of Kazakhstan’s presentation of its strategy and planned measured for executing decision II/5a.  On February 3, the Compliance Committee had been sent only the draft strategy, which the Committee began reviewing on March 29-31 at its 11th meeting.

As of the printing of this article, the government had not yet confirmed the draft strategy.

Actions by the Ecological Society Green Salvation

As an interested party, the Ecological Society Green Salvation continued to send inquiries to governmental establishments, attempting to clarify what measures are being taken to implement the decisions of the Second Meeting of the Parties to the Aarhus Convention.

On July 28, 2005, in response to Green Salvation’s inquiry (No. 077, July 22, 2005), the Deputy Director of the Ministry of Environmental Protection, E. Aitkenov, sent “Information on Fulfilling the Obligations of the Republic of Kazakhstan to International Environmental Conventions.” The document consists of general information about compliance to conventions ratified by Kazakhstan.

In particular, the document states that the country has “the greatest experience in the region in terms of implementing the Aarhus Convention.” Yet nothing is said about the Committee’s decisions for Kazakhstan or about the results of the Second Meeting of the Parties.

On December 21, the General Prosecutor’s office responded to an inquiry from Green Salvation regarding the procedure for the application of the statutes of the Aarhus Convention.  In the response, it was pointed out that the Convention’s statutes “must be applied on the territory of the Republic of Kazakhstan”. It was also noted that it is necessary to develop and adopt a legal act “regulating the procedure for prescribing, listening to, and then taking into account public opinion on issues” related to the environment.

On February 16-17, 2006 in Geneva, a representative of Green Salvation participated in the work of the Task Force on Access to Justice of the Meeting of the Parties to the Aarhus Convention.  Questions were raised about Kazakhstan’s execution of decision II/5a (www.unece.org/env/documents/2006/pp/ece.mp.pp.wg.1.2006.4.e.pdf).

On February 21, Green Salvation sent a letter to the Ministry of Environmental Protection requesting that it report on the measures being taken to execute decision II/5a and to report whether or not the plan of action had been sent to the Compliance Committee.

On February 28, representatives of Green Salvation met with the leader of the National Center for Human Rights, V.A. Kalyuzhny, and discussed issues related to the Aarhus Convention’s Compliance Committee. In April, Green Salvation sent V.A. Kalyuzhny a summary of its judicial experience.

An Internet search on April 7 revealed that the “Strategy for Executing the Recommendations of Decision II/51 of the Second Meeting of the Parties to the Aarhus Convention” was not published on any official site.  It was not discussed with the public, but nevertheless was sent to the Compliance Committee. Therefore, Green Salvation requested that the Ministry of Environmental Protection provide this document.

On April 26, Green Salvation received a response from the Ministry, from which it was clear that the requested document is a draft strategy. It was suggested that Green Salvation participate in the discussion of the document and prepare remarks and suggestions.

Experience with the courts

Following the Second Meeting of the Parties, the Ecological Society Green Salvation continued to defend in the courts the rights of citizens to access to information, participation in decision-making processes and access to justice in environmental matters.  Green Salvation’s judicial experience graphically demonstrates how the Convention is “observed” in Kazakhstan.

Lawsuit on acknowledging as invalid the second conclusion of the environmental assessment for the construction of the 110 kV high-voltage power line in the Mountain Giant district and the MVD settlement of Almaty city.

Based on the decision of the Committee regarding communication ACCC/C/2004/02 (www.unece.org/env/pp/compliance.htm), the Ecological Society Green Salvation again filed a lawsuit.  On April 27, 2005, a lawsuit was filed “On Newly Disclosed Circumstances” against the Almaty City Territorial Department on Environmental Protection.

In accordance with Article 174, Point 1 of the Civil Procedural Code, “Civil matters are to be reviewed and settled within two months’ time.” Yet the review of the primary allegation began only on October 7 (after a delay of more than three months).

On October 10, the court determined that Green Salvation did not satisfy trial requirements. The court considers the decisions made by the Aarhus Convention’s Compliance Committee for Kazakhstan, and the decisions of the Second Meeting of the Parties to the Convention to be voluntary, bearing only the force of recommendations.  Therefore, it is not possible to consider them as newly disclosed circumstances.

On October 11, Green Salvation filed an appellate complaint to the Collegium for Civil Affairs of the City Court regarding this determination.

On November 10, the Collegium made the decision to deny the appellate complaint, as it recognized the conclusions of the District court as correct.

On December 1, Green Salvation sent an inquiry to the General Prosecutor requesting clarification on the procedures for applying the statutes of the Aarhus Convention in Kazakhstan.

In the response, received by Green Salvation on December 21, it is explained that the statutes of the Convention “must be applied on the territory of the Republic of Kazakhstan.”

Following the Second Meeting of the Parties, the situation in the Mountain Giant District was not once raised in the media. It should be noted that the newspaper “The Country and the World” published the article “The Price of Cynicism, or is it Worth it to Knowingly Enhance Absurd Precedents?” (December 23, 2005).  In this article, a comprehensive critical analysis was given of the actions of government bodies, indicating the need to implement the Aarhus Convention.

On May 31, 2006, Green Salvation appealed to the Collegium for Civil Affairs of the City Court of Almaty with a complaint for review regarding the determination of the District Court and the ruling of the Appellate Collegium.

On June 28, the Collegium for Civil Affairs of the City Court of Almaty reported that the complaint for review was halted in connection with an inquiry undertaken by the Supreme Court.

On August 31, following the return of this matter from the Supreme Court, the Collegium reviewed the complaint. The complaint was denied.

Lawsuit contesting the legality of a normative-legal act

On February 28, 2004, the Ministry of Environmental Protection approved the “Instructions on Conducting Environmental Impact Assessments for Planned Economic or Other Activities During the Development of Pre-Plan, Pre-Project and Project Documentation.” The public did not participate in the discussion of this document. The Ministry believes that the Instructions aid the public in achieving its rights.  Point 37 of the Instructions states that “consideration of public opinion is guaranteed…as established in active legislation….”  Yet there is no legal act in Kazakhstan that guarantees consideration of public opinion or public participation in the decision-making process.

In order to realize the rights of the public, Green Salvation considers it necessary for the Instructions to be recognized as invalid, and a legal act to be developed in accordance with the requirements of the Aarhus Convention.

On June 22, 2005, Green Salvation and the Ecological Club “Biosphere” (Ridder) filed a lawsuit in the City Court of Astana, seeking acknowledgement that the Instructions are invalid and contradictory to legislation.

On July 14, having reviewed the lawsuit, the Court acknowledged the Instructions as an invalid normative-legal act, as it had not been published. Thus, for over a year and a half the Ministry had been citing a document that did not have legal force.

It was not until August 26 that the Instructions were published in “The Legal Newspaper” without changes to the wording.

On September 4, following the publication of the Instructions, Green Salvation again filed a lawsuit in the Astana City Court to acknowledge their invalidity in connection with newly disclosed circumstances.

The Court decided not to accept the lawsuit. According to the Court, the publication of the Instructions does not qualify as newly disclosed circumstances.

Green Salvation did not appeal this particular decision, as it had filed a lawsuit on the inactivity of the government and other state bodies, in other words, on non-compliance with an international agreement, the decisions of the Compliance Committee and the Second Meeting of the Parties to the Aarhus Convention.

Lawsuit to declare invalid the conclusions of the 2003 and 2004 environmental assessments for the Plant for Construction Materials and Structures No. 3, located in Almaty city

In 2004, citizens L. Gatina, A. Gatin, and L. Konyshkova submitted a communication to the Aarhus Convention’s Compliance Committee. The basis for the appeal (ACCC/C/2004/06; www.unece.org/env/pp/compliance.htm) was the violation of their right to access to justice on environmental matters. The review of the communication began in May 2005.

On November 16, 2005, at the request of L. Gatina and A. Gatin, Green Salvation filed a lawsuit in the Medeisky District Court against the Almaty City Territorial Department on Environmental Protection to recognize as invalid the conclusions of the state environmental assessments for the project to reconstruct the Plant for Construction Materials and Structures No. 3. These assessments were conducted without consideration of public opinion, in violation of national legislation and the Aarhus Convention.

From December 5 to 7, the 10th meeting of the Committee reviewed communication ACCC/C/2004/06.

On January 18, 2006, the Court decided to reject the lawsuit.  The District Prosecutor asked the Court to meet the trial requirements, indicating that the Court ignored gross violations by the plaintiffs of national legislation and norms of the Aarhus Convention regarding the execution of environmental assessments.  The Court disregarded both the opinion of the District Public Prosecutor and the explanation by the General Prosecutor about the Court’s obligation to apply the Aarhus Convention’s statutes.

On January 18, the District Public Prosecutor issued a protest against the Court’s ruling of January 18, 2006.

On February 1, Green Salvation submitted an appellate complaint to the Collegium for Civil Affairs regarding the District Court’s decision.

On March 23, the Collegium reviewed Green Salvation’s appellate complaint and denied it.  The District Prosecutor retracted its earlier protest of the Court’s decision of January 18, 2006.

On March 29-31, the Committee continued reviewing the communication submitted by citizens L. Gatina, A. Gatin and L.G. Konyshkova at its 11th meeting in Geneva.

On April 24, Green Salvation submitted a complaint for review with the City Court.

At its 12th meeting on June 14-16, the Committee made its final decision regarding communication ACCC/C/2004/06, finding the Republic of Kazakhstan not to be in compliance with the requirements of Article 9, Points 3 and 4 of the Convention.

On June 28, the Collegium reviewed Green Salvation’s complaint for review and rejected it.

On July 14, Green Salvation sent a complaint for review to the Supreme Court based on the court rulings the Collegium for Civil Affairs of the City Court of Almaty

On August 10, the Supreme Court reviewed the complaint and did not find grounds for the complaint. This ruling is final; the law does not stipulate its appeal.

Lawsuit on the inactivity of the government and other state bodies; in other words for non-compliance with an international agreement, the decisions of the Compliance Committee and the Second Meeting of the Parties to the Aarhus Convention.

On November 2, 2005, Green Salvation and the Ecological Club “Biosphere” (Ridder) filed a lawsuit in the Saryarkinsk Court in Astana regarding the inactivity of the government and other state bodies with regard to their non-compliance with an international agreement, the decisions of the Compliance Committee and the Second Meeting of the Parties to the Aarhus Convention.

The Court made the decision not to accept the lawsuit.  The Court indicated that the Specialized Inter-District Economic Court must review the lawsuit.

On November 23, a lawsuit was filed with the Specialized Inter-District Economic Court of Astana.  The Court made the decision not to accept the lawsuit.  According to the Court, the Saryarkinsk District Court must review the matter.

On December 9, Green Salvation appealed to the Astana City Court in order to determine which court should review the given lawsuit.  The Court determined that the Specialized Inter- District Economic Court must consider the lawsuit.

On January 14, 2006, the Specialized Inter-District Economic Court decided for a second time not to accept the lawsuit, justifying its decision by stating that “non-compliance by the government of an international agreement is not subject to review and settlement by way of civic legal proceedings.”

On January 19, an appellate complaint was submitted to the Astana City Court regarding the decision of the Specialized Inter-District Economic Court.

On February 28, the Collegium for Civil Affairs of the City Court reviewed the appellate complaint, acknowledging the arguments of the Court as legal.

On April 11, a complaint for review was filed with the Collegium for Civil Affairs of the Astana City Court.

On May 2, the Collegium reviewed the complaint for review and rejected the complaint on the same grounds.

On June 5, the Supreme Court reviewed the complaint for review and declared it unfounded.  Moreover, the Court indicated that “concrete violations or the threat of violations to the rights, freedoms and legal interests of the subjects are not reflected in the lawsuit.” This ruling is final; the law does not provide for its appeal.

In each instance, from the District Court to the Specialized Inter-District Economic Court to the Supreme Court, there was no acknowledgement of human rights violations as a result of the actions of government bodies, even with regard to those cases that were acknowledged by the Committee.

***

Citing this summary, we would like to stress again that violations of the rights of citizens to access to information, public participation in decision-making processes, and access to justice regarding environmental matters are observed at all levels of governmental authority. The fact that rights are being violated is recognized by international organizations.

Kazakhstan does not ensure the observation of human rights. Green Salvation has had a wide range of experience with the arbitrary interpretation of national laws and the statutes of the Aarhus Convention. The courts are not governed by the requirements of the Convention. Many bureaucrats, including officials at the Ministry of Environmental Protection, are not familiar with the Convention.

Kazakhstan does not currently have any legal mechanisms to take into account public opinion or any mechanisms for effective public participation in decision-making processes regarding environmental issues.

There are laws in effect in Kazakhstan that impede compliance with the Aarhus Convention.

One of the main reasons for non-compliance with the Convention is that it fosters the real democratization of society and the effective defense of human rights, but this is contradictory to the interests of the ruling elite.

***
Notes

* This summary was prepared based on the lawsuits filed by the Ecological Society Green Salvation and on the basis of documents obtained by the organization from April 2005 to August 2006.

** The Ecological Society Green Salvation sent suggestions and additions to the Plan to the Ministry of Environmental Protection. The text of this letter (No. 095), dated 7 October 2005 (in russian).

Nataliya Medvedeva,
the Ecological Society Green Salvation, Herald 2006
Almaty, Kazakhstan

Ile-Alatau National Nature Park: 10 Years

2006IAGNPPpark012The Ile-Alatau National Nature Park — one of two thousand parks worldwide — is quite young. The park is turning ten years old in February of 2006 year.

The park is located on the northern slopes of the Zailiisky Alatau and is a favorite relaxation spot for Almaty residents and guests of the southern capital.

The park’s main attraction is its untouched nature.

The national park was created not only to preserve the beauty of the Zailiisky Alatau. The mountains are the “green heart” of an enormous territory in which more than two million people reside.

Zailiisky Alatau provides the southern portion of Almaty Oblast with water resources and, first and foremost, high quality drinking water. It is an invaluable gift of nature of which many inhabitants of Kazakhstan’s steppe and desert zones are deprived.

2006IAGNPPpark009The mountain forests regulate the water flow, enriching the air with oxygen and phytoncids. They protect the slopes from rain and wind streams, slow the melting of the snow, transfer surface runoff into the soil, and impede the formation of mudslides and soil erosion. These quality forests are of paramount importance and are worth more than stockpiles of timber!

The mountain breezes (winds) descend onto the plain, creating air movements in the city of Almaty, producing a foothill climate zone.

Zailiisky Alatau’s biological diversity is a most valuable resource that ensures the development of future generations and enables the preservation of the genetic roots of various species.

A thousand years of agricultural activities by nomads in Zailiisky Alatau has not disturbed the environmental balance. However, over the last one hundred years, the nature of a number of canyons surrounding the city of Almaty have changed significantly as a result of the advent of industrialized civilization and environmental pollution. At present, this factor poses the greatest threat to the environmental value of the park system.

For the time being, we are still able to admire the beauty of the park and use its rich resources!

Yet with each year, the threat that humans will destroy this unique nature is greater.

2014DSh-Almaty020The pollution of the air basin, forests, lakes, rivers, springs and wildlife habitation spots has assumed an ominous scale: the melting of glaciers is accelerating, forests are perishing, the number of floods is increasing, the quality of drinking water is deteriorating, and there are fewer and fewer birds and wild animals in the park.

The destruction of the park’s nature has intensified as a result of violations to the law “On Environmental Protection”, uncontrolled agricultural activities, unorganized tourism, a lack of financial resources for conservation efforts, and an elementary lack of culture on the part of visitors to the park.

The park’s unique nature and its cultural landscape are of value for all humanity. In order to preserve the park for current and future generations, in 2001 the government of Kazakhstan placed the park on the preliminary inventory of locations put forth for inclusion in the List of World Heritage Sites.

Will the park preserve its beauty and riches for all humankind and future generations or will it become yet another reminder of human ignorance, indifference and greed? The answer lies not only in the actions of the government, but in each one of us.

As the remarkable nature explorer Jacque Yves Cousteau one stated, “People protect what they love”. Thus, the Ecological Society “Green Salvation” promoted the creation of the Ile-Alatau National Park and contributed all available resources to furthering its development.

We appeal to all Kazakhstanis to value and protect the country’s natural riches in order to proudly transfer this invaluable legacy to future generations.

Photos taken by A.Jdanko, S.Kuratov, I.Manuilenko.

Aarhus Convention

Convention on Access to Information, Public Participation in Decision-making

and Access to Justice in Environmental Matters (AARHUS CONVENTION)

************************
Legal Proceedings
************************

AARHUS CONVENTION — Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (http://www.unece.org/env/pp/welcome.html)

Full text of the Convention (http://www.unece.org/env/pp/documents/cep43e.pdf)

************************
“Green Salvation” on violation of the norms of the Aarhus Convention (02.11.2018)

Decision VI/8(g) on compliance by Kazakhstan (11-13.09.2017)

The Sixth Meeting of the Parties of the Aarhus Convention has finished (22.09.2017)

The plans for the construction of the Kok Zhailau ski resort are not in compliance with the requirements of the Aarhus Convention (14.07.2017)

Infamous anniversary. 10 years of Kazakhstan’s violation of the requirements of the Aarhus Convention (08.10.2015)

Aarhus Convention Committee accepted a communication from Almaty residents about “Kok-Jailau” project (07.08.2013)

Violation of the Aarhus Convention became a norm! (22.05.2013)

The warning did not take an action but the question continues to be reviewed (6.12.2012)

Conclusions on application of the Aarhus Convention based on the experience of the Ecological Society Green Salvation (14.05.2012)

On March 9, 2012, the Ecological Society Green Salvation sent a letter to the Aarhus Convention Compliance Committee in an attempt to facilitate implementation of the decision IV/9c. On March 27, 2012, the thirty-sixth meeting of the Compliance Committee started in Geneva (March 9, 2012; in web-site of the Compliance Committee of the Aarhus Convention).

The World Needs a Strong Aarhus Convention (29.06.2011)

The Question of Compliance with the Aarhus Convention in the Republic of Kazakhstan (15.06.2011)

Decision IV/9(c) on compliance by Kazakhstan ECE/MP.PP/2011/L.14 (7.04.2011)

Here is how the national report was prepared (06.04.2011)

Suggestions and comments to the Draft Report on Compliance with the Aarhus Convention in the Republic of Kazakhstan (19.11.2010)

DECISION III/6c COMPLIANCE BY KAZAKHSTAN WITH ITS OBLIGATIONS UNDER THE CONVENTION adopted at the third meeting of the Parties held from 11 to 13 June 2008 in Riga

REPORT BY THE COMPLIANCE COMMITTEE (ECE/MP.PP/2008/5/Add.5, 2 April 2008)
COMPLIANCE BY KAZAKHSTAN WITH ITS OBLIGATIONS UNDER THE CONVENTION AND ITS IMPLEMENTATION OF DECISION II/5a OF THE MEETING OF THE PARTIES

Monitoring the implementation of the Aarhus convention in the republic of Kazakhstan (2005-2006)

Decision II/5a on Compliance by Kazakhstan (ECE/MP.PP/2005/2/Add.7)

Communication ACCC/C/2004/06 by Ms. Gatina, Mr. Gatin and Ms. Konyushkova (Kazakhstan)*

FINDINGS AND RECOMMENDATIONS with regard to compliance by Kazakhstan with the obligations under the Aarhus Convention in the case of access to justice in the court of Medeuski district of Almaty (Communication ACCC/C/2004/06 by Ms. Gatina, Mr. Gatin and Ms. Konyushkova (Kazakhstan))*

Communication ACCC/C/2004/02 by Green Salvation (high-voltage overhead electric power lines in the Gornyi Gigant)*

FINDINGS AND RECOMMENDATIONS with regard to compliance by Kazakhstan with the obligations under the Aarhus Convention in the case construction of high-voltage power line (Communication ACCC/C/2004/02)*

Communication ACCC/C/2004/01 by Green Salvation (Kazatomprom)*

FINDINGS AND RECOMMENDATIONS with regard to compliance by Kazakhstan with the obligations under the Aarhus Convention in the case of information requested from Kazatomprom (Communication ACCC/C/2004/01)*

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* http://www.unece.org/env/pp/compliance/

The World Heritage Convention

 

The most significant feature of the 1972 World Heritage Convention is that it links together in a single document the concepts of nature conservation and the preservation of cultural properties. The Convention recognizes the way in which people interact with nature, and the fundamental need to preserve the balance between the two.

New applicants for inclusion in the World Heritage List (01.03.2021)

Talgar ancient settlement – which belongs to the World Heritage sites (2014-2017)

Pardon Us, World Heritage or Ecocide for Personal Gain (January 22, 2008).

 

____________________________________________________________________________________________________________

Text of the World Heritage Convention (http://whc.unesco.org/archive/convention-en.pdf)

Report on the joint World Heritage Centre/ICOMOS Reactive Monitoring mission to the Kazakstan section of the « Silk roads: the routes network of Chang’antianshan corridor » (China, Kazakhstan, Kyrgyzstan) (c 1442) from 31 October to 9 November 2016

«NO!» TO THE IMPORT AND BUIRIAL OF FOREIGN RADIOACTIVE WASTE!

ANTINUCLEAR CAMPAIGN
—————————————

From December 2001 through April 2002, a group of students from the biology department of Al-Farabi Kazakh National University conducted a survey of Almaty residents, with the goal of discovering their attitude toward the plans to import and bury foreign radioactive waste on the territory of Kazakhstan.

A total of 1010 persons were questioned, primarily young people between the ages of 15 and 27 (931 persons, or 92.2%).
Questions:

1. What are the most severe problems facing the Republic of Kazkahstan?

А. Low standard of living – 241 persons (24%).

B. Corruption – 252 (25%).

C. Environmental situation – 265 (26%).

D. Unemployment – 252 (25%).

E. Other. Some respondents, after choosing one of the points above, named a number of other problems, including drug addiction, AIDS, the economic crisis, the unsatisfactory demographic situation, sex discrimination, violation of children’s rights, dealing with strategic military sites located in Kazakhstan, and the fact that the government fails to pay sufficient attention to the problems that worry the population of the republic.

2. Do Kazakhstan’s environmental problems worry you?

А. Yes – 952 (94%).

B. No – 58 (6%).

3. Which environmental problems, in your opinion, are the most important?

А. Industrial pollution – 286 (28%).

B. Household wastes – 240 (24%).

C. Desertification – 221 (22%).

D. Radioactive pollution – 263 (26%).

E. Other. The answers virtually duplicated the points above.

4. What do you think the danger of radioactive waste consists of?

А. Сause the greenhouse effect – 99 (9.8%).

B. Increase the cancer rate – 802 (79.4%).

C. Hard to say – 106 (10.5%).

D. Other: radioactive wastes aren’t dangerous; if properly handled, radioactive wastes pose almost no danger; background radiation increases only in the places were wastes are buried – 3 (0.3%).

Some respondents named a number of other problems, including the genetic effects of radiation and the threat to the life of all living things.

5. How do you feel about the possible import and burial of foreign radioactive waste on the territory of Kazakhstan?

А. For – 53 (5%).

B. Against – 899 (89%).

C. Hard to say – 58 (6%).

6. Argue the case for your point of view on the fifth question.

53 persons (5%) voted “for”:

Including the following:

А. It will enable the country to obtain funds to solve environmental problems – 18 (34%).

B. It will make it possible to pay compensation to the members of the population who suffered previously from environmental problems – 15 (29%).

C. It will help the development of the nuclear industry – 20 (37%).

D. Other. Answers virtually duplicated the points above.

This group of respondents named the most severe problems of Kazakhstan as follows:

– low standard of living – 14 (27%)

– corruption – 16 (30%)

– environmental situation – 10 (19%)

– unemployment – 13 (24%),

and the most important environmental problems:

– industrial pollution – 15 (28%)

– household wastes – 13 (25%)

– desertification – 13 (25%)

– radioactive pollution – 12 (22%).

899 persons (89%) voted “against”:

Including the following:

А. Economic inexpediency – 196 (22%).

B. Environmental danger – 369 (41%).

C. Violation of the human right to a healthy environment – 334 (37%).

D. Other. Some respondents, after choosing one of the points above, put forth a number of other arguments, including the following: it will damage our country’s international reputation; it will create a threat to the health of the population; due to the high level of corruption, the funds received will be misused; Kazakhstan lacks the necessary technology, and its specialists are not sufficiently prepared for such work.

58 persons (6%) responded “hard to say”:

Including the following:

А. Contradictory information – 15 (26%).

B. I have not determined my position – 32 (55%).

C. This is the first time I have heard about this problem – 11 (19%).
The survey organizers express their sincere gratitude to all who helped conduct the survey, as well as to the survey participants.

Material prepared for publication April 25, 2002; translated into English September 4, 2002.

Translated by Glenn Kempf

FIRST THE PROBLEMS THAT EXIST IN THE COUNTRY AT THIS STAGE NEED TO BE SOLVED…

ANTINUCLEAR CAMPAIGN
—————————————

kuznecovVladimir Mikhailovich Kuznetsov graduated from the Institute of Energy in 1980. From 1979, he worked at the Chernobyl nuclear power station in various positions, from an operator in the reactor department to senior engineer for reactor management. He completed graduate studies at the I.P. Bardin Central Scientific Research Institute for Ferrous Metallurgy. From 1987, he worked for the State Atomic Inspection Service, occupying posts from engineer-inspector in the environmental inspection service for supervision of safe exploitation of atomic power stations in the Administration of the Central Region of the USSR State Atomic Inspection Service, to head of inspection for supervision of the nuclear and radiation safety of atomic energy sites for the State Atomic Inspection Service of the Russian Federation. He was the youngest head of inspection in the entire history of the State Atomic Inspection Service (36 years old). Together with his colleagues, he spoke as an initiator for the closure of more than 10 Russian atomic energy sites, in connection with the dangers of their further exploitation. As a result of pressure from above, he was forced to leave the Russian State Atomic Inspection Service in 1992.

Vladimir Kuznetsov is the director of the program for nuclear and radiation safety of the Russian Green Cross (RGC), a member of the Higher Environmental Council of the Russian State Duma’s Committee on the Environment, a member of an association of independent experts on the safe use of atomic energy in the Russian Federation, a member of the International Technical Committee for Standardization of TK-322 (“Atomic Technology”), and an active member of the Russian Environmental Congress.

He is the author of the following books:

State Radiation, published in Russia and Great Britain in 1994 with the assistance of the International Chernobyl Safety Foundation;

Russian Atomic Energy, Yesterday, Today, and Tomorrow: A Look by an Independent Expert, published in 2000 with the assistance of the National Press Institute;

The Chief Problems and the Modern State of Safety of Enterprises in the Nuclear Fuel Cycle, published in 2002 with the assistance of the Russian Green Cross, and the Center for Journalism of War and Peace.

He is also the co-author of the following books:

A Guide to Guaranteeing Radiation Safety During the Localization and Liquidation of Radiation Accidents and Catastrophes at sites in Russia, published in 1997 with the assistance of the Russian Ministry for Emergency Situations;

The Radiation Legacy of the Cold War, published in 1999 with the assistance of the Russian Green Cross;

Floating Atomic Power Stations: A Threat to the Arctic, the World Ocean, and the Regime of Nonproliferation, published in 2000-2001 with the assistance of the Russian Green Cross and the Center for Environmental Policy.

He has published more than 120 articles in the Russian and foreign press, devoted to the problems of the safe use of atomic energy in Russia and beyond.

Question: Can you comment on Kazatomprom’s drive to introduce amendments to current legislation, with the goal of legalizing the import and burial of radioactive waste from other states on the territory of the Republic of Kazakhstan?

Answer: In 1992, my first book came out, in which there are some interesting figures. I juxtaposed information on stores of radioactive waste with data from the last census. It turned out that in Kazakhstan for every member of the population, including infants and elderly people, there are 25 tonnes of radioactive waste. And no one has refuted these figures.

Now, it seems to me that the situation has become even more serious. Such affairs are attracting the interest not of specialists, but of people for whom the financial side comes first. If only these people (not only in Kazakhstan, but everywhere) had at least a vague idea of the level of the problems connected with radioactive waste!

The problem of radioactive waste has always had an impact on the speed of development of atomic energy in a country. If this problem is solved, then atomic energy will develop. In Kazakhstan, apart from the BN-350 plant that operated in the city of Shevchenko (now Aktau) (now it’s no longer in operation), and apart from the factories and installations involved in the nuclear fuel cycle, there are no other atomic energy sites. Nevertheless, there exist serious problems within the country (in Stepnogorsk, in Ust-Kamenogorsk), including those involving low- and mid-level nuclear waste, the storage of over a hundred thousand tonnes of thorium monoxide, and also stocks of metallic thorium. These are very serious problems in and of themselves, and to take on still more problems—I don’t understand it!

First the problems that exist in the country at this stage need to be solved, and only then can we talk, for example, about importing radioactive waste that its territory can accommodate. Incidentally, to do this you need to have regional storage sites, which Kazakhstan doesn’t have. You need to have facilities for processing radioactive waste. There aren’t any such facilities. Even Kazakhstan’s closest neighbor—Russia—has far too few. And we know that in order to build such facilities requires colossal amounts of financing. The fuss that was raised in Russia last summer, in connection with the importing here of spent nuclear fuel, is indicative. There was powerful opposition, but we know how the Ministry of Atomic Energy solved that particular problem. I’m sure that the residents of Kazakhstan don’t even suspect what sums of money were spent. As an example, I can cite the material that was published in the newspaper Novaya gazeta. In this material, data are cited that on the order of $50 million went towards “work” with the corps of deputies, in order for the introduction of the amendments to succeed. At the same time, a strange system exists in both Russia and Kazakhstan—decisions are made by people who have nothing to do with the problems of atomic energy. They have neither the corresponding education, nor the work experience.

For instance, in Russia decisions regarding this issue were taken in the following way. I prepared a report on the problems of safety at enterprises in the nuclear fuel cycle, which I gave to a Nobel laureate, Academician Aleksandr Mikhailovich Prokhorov, to review. After all, he is a physicist, and a Nobel Prize carries a lot of weight. Having examined these documents and my book, Prokhorov wrote his conclusions and send them to Gennady Seleznyov [then speaker of the State Duma, Russia’s lower house of parliament]. In his conclusions (four pages long), all of my materials were dealt with in detail, and it was written in black and white “…to halt the legislative process.” Academician Prokhorov recommended ending the consideration of the draft law until the Russian Academy of Sciences (RAS) had created a special commission bringing together interested organizations, and until the issue had been studied from all sides and recommendations prepared for the corps of deputies on whether or not to approve amendments to the law. The Academy of Sciences did not examine my report or Aleksandr Prokhorov’s conclusions, although we sent these materials to the Academy in advance. Independently of Greenpeace, we collected signatures on behalf of such organizations as the Moscow Society of Naturalists, one of the oldest environmental societies in Russia, whose history began in 1847. The society is headed by the director of Moscow State University, Academician Sadovnichy, a person who also carries a great deal of weight in the scientific world. He wrote a letter to the Academy recommending what issues it needed to consider. This letter was signed by another ten academicians. However, no one listened either to them or to Academician Prokhorov. The deciding factor was blood ties; therefore, the decision was taken by Myasoyedov, Zhores Alferov, and Robert Nigmatullin—the brother of the former deputy minister of atomic energy…
Question: Doesn’t it seem to you that the amendments passed in Russian legislation, and the campaign launched in Kazakhstan for the passage of analogous amendments, are links in a single chain?

Answer: In that regard, Kazakhstan is going even further than Russia. If amendments on spent nuclear fuel have been passed, the new law, which was published literally only two months ago, says that the import, processing, and storage of radioactive waste in Russia is forbidden. After all, the situation in Russia with regard to nuclear waste is rather more serious than in Kazakhstan. Because in Kazakhstan only one facility has lived out its time, and in Russia there are more than thirty active energy blocks, plus processing enterprises, that serve the nuclear fuel cycle. These include Tomsk-7, Krasnoyasrk-26, and Chelyabink-65 (or “Mayak”). However, even so we still have places for the storage of such wastes. In some places there are facilities where they are processed. In spite of that, the problems of radioactive waste are problems that hold back the country’s development of atomic energy. I think that it’s this problem that will hold back the development of atomic energy for the next 100-150 years. We already know what can happen with liquid radioactive waste from the example of the explosion of the storage site at Chelyabink-65 in 1957. We know that Russia doesn’t have facilities for the utilization of radioactive waste; these wastes end up in collector layers, as it’s done in the city of Dimitrograd, at the Institute for Atomic Reactors, at Tomsk-7 and Krasnoyarsk-26. And at Chelyabink-65 radioactive wastes are dumped into the open hydrosystem, the Kechinsky cascade of water bodies. Many in Kazakhstan probably know what’s going on with the Kechensky cascade, since it’s not far from the territory of Kazakhstan.

Question: That is, you think that from a technical point of view the burial of radioactive waste from other countries in Kazakhstan is simply impossible to carry out?

Answer: Kazakhstan has neither the facilities, nor the opportunities, nor the personnel. The trained personnel that were in Shevchenko—both those who worked on the production of the uranium concentrate itself, and those who occupied with the operation of the BN-350—have gradually left. The best-trained specialists transferred to the Beloyarsk atomic power station. There they’re building a BN-800, a more powerful reactor than the one that operated in Kazakhstan, and than the BN-600 (the third block of the Beloyarsk plant). What Kazatomprom is hoping for—I just don’t know. If we draw a parallel with Minatom [Russia’s Ministry of Atomic Energy], the main stumbling block for the Duma wasn’t the technical issues, because none of those deputies knows the whole story either, and that’s a very unpleasant thing. The structure of Minatom’s expenditures, as a rule, is kept under the stamp of secrecy; therefore only six out of the 450 deputies have access to the secret articles describing its spending..

Look at what happened in Russia in November 2001. The Accounting Chamber, headed by Sergei Stepashin, conducted a detailed study of how the state program for radioactive watse and spent fuel had been carried out, how the money for that program had been spent. Money from the state budget. And they came to the conclusion that money had been spent by Minatom inappropriately, and they named a six-digit figure! And that’s in Russia. What can we say about Kazakhstan, where the situation is even worse?
Question: Who profits from the introduction of the legislative amendments regarding the import of radioactive waste, apart from Kazatomprom itself? Perhaps there are other countries interested?

Answer: Of course there might be interested countries, including some in Asia, which are located closer to Kazakhstan. All of them would be pleased as punch to dump their own radioactive waste that exist in one form or another, except, of course, for the gaseous ones.

I’ve been following this information. About a year ago I worked in Ust-Kamenogorsk, and I know the whole system. Kazakhstani customs repeatedly detected contraband imports of nuclear fission materials: both uranium concentrate and radioactive scrap metal. They enter Kazakhstan under the guise of scrap. In reality, this is solid waste. If Semipalatinsk [nuclear test site] isn’t enough for Kazakhstan, if Kazakhstan doesn’t have enough [uranium] tailing sites and storage sites for thorium monoxide in Ust-Kamenogorsk, if the problems in Stepnogorsk and Aktau aren’t enough, let people close there eyes to this and take the decision to store radioactive waste in their own country.

But that’s not the biggest problem. The main thing is that fact that you won’t get anything from this waste except headaches, like the one left over from the Chernobyl accident, from the accidents at Krasnoyarsk-26 and Tomsk-7. Equipment was left contaminated, and it’s lying under the open sky and rusting. Do you really think that if there might be something useful from this waste, this equipment would still be lying around? The wastes that we have would probably have been processed, if we could have gotten something useful out of them. Of course, my opponents might say that on the territory of the Leningrad atomic power station (Sosnovy Bor), a factory was buolt for processing low-level radioactive scrap metal. However, this is the same headache, because that factory hasn’t passed even one expert examination.

I was the chairman of a number of committees for public environmental expertise regarding both floating atomic power stations, and on the atomic heating station at Tomsk-7. Everywhere, it all came down to the fact that it’s not possible to obtain complete documentation and financial accounting for expenditures. Even though they promise to provide full documentation, it was never exhaustive. It’s not enough that these expenses are just “scrawled on somebody’s knee.” Revenues for spent fuel were calculated the same way, and as a result, there appeared the figure of $20 billion, which we will allegedly receive.

In these calculations, analogies are drawn with the Japanese factories of Kajema or Befeu. If this is the case, however, the sum ought to be three times greater. If Russia will receive $20 billion, the idea of $60 billion simply collapses. The same is true here.

The span of a human lifetime is insignificantly small in comparison with the lifetime of radioactive wastes. These people who are fighting for this—once they’ve gotten their share, they’ll simply flee the country, and they could absolutely care less what happens in their homeland with this radioactive waste. And in 30-40 years, the storage sites will begin leaking and the facilities will cease to exist. The government of Kazakhstan will face the fact that they’ll either need to import foreign spare parts to keep the facilities in working order, or they’ll need to pay for new imported facilities, and those, unfortunately, won’t come cheap. These people won’t be paying for these facilities out of their own pocket.

In making such dangerous plans a reality, independent experts ought to be recruited. Yes, you could say that there aren’t many of these independent experts, that there aren’t enough of them, but they do exist. If you want your work to be reinforced by something, you need to seek out people who will sign off on your ideas. And these should not be specialists from Minatom or the International Atomic Energy Agency (IAEA), who will never give a negative conclusion. These conclusions should not be signed by people who stand, as it were, on the other isde of the development of atomic energy. For example, on the one side—Minatom, on the other—Greenpeace. For objectivity, neither the one nor the other should take part in the expertise. These experts should possess a specialized education, work experience, and a spotless reputation for the last, say, 10 years of their activity.

October 1, 2002

Translated by Glenn Kempf

Translated into English November 23, 2002

NUCLEAR MYTHS AND LEGENDS OF A NON-NUCLEAR POWER

ANTINUCLEAR CAMPAIGN
—————————————

We, the children of the 21st century, are not left in peace by the glory of our ancestors, who left us a rich heritage of mythology. Unfortunately, our age has no Homer to call its own. People have changed, and subjects as well. The ancient Greeks created myths to glorify their gods and their native Hellas. Modern mythmakers create them in order to amifbsolve themselves of all responsibility and to sell off their own country more cheaply.

The myth of how Kazatomprom suddenly saw the light.

In the year 2001 A.D., Kazatomprom [Kazakhstan’s state nuclear power company] had a sudden revelation: the country faced a severe problem of radioactive contamination, which had to be solved.

Evidently, Kazatomprom’s bureaucrats are suffering from a loss of memory. How else can one explain the fact that they seem to have suddenly remembered this problem, while the entire country knew about it already at the beginning of the 1990s? At that time, the Cabinet of Ministers of the Republic of Kazakhstan passed Resolution No. 1103, “On Urgent Measures for Improving the Radiation Situation in the Republic of Kazakhstan,” on December 31, 1992. The resolution should have served as a guide for immediate action. Instead, however, the state agencies mentioned in the resolution probably took it as a New Year’s greeting—there is no other way to explain the cause of their modest silence, when the question the results of its fulfillment are raised (1).

Why were the laws “On the Use of Atomic Energy” (1997), “On Environmental Protection” (1997), and “On the Radiation Safety of the Population” (1998) passed? Why was the 1996 government resolution “On Procedures for Maintaining a State Cadastre [List] of the Burial of Hazardous Materials, Radioactive Wastes, and Discharges of Wastewater and Minerals” on the territory of Kazakhstan adopted? Finally, why was the National Action Plan for Environmental Hygiene for the Republic of Kazakhstan created in 2000, including the section “Radiation Safety of the Population”?

Moreover, in the 1998 law “On the National Security of the Republic of Kazakhstan,” in Article 21, “Guaranteeing Environmental Security,” it is stated that “the prevention of radioactive and chemical pollution and the biological contamination of the country’s territory” is “the obligation of the appropriate state bodies and organizations, regardless of the form of property, officials, or citizens involved” (2).

However, the “appropriate state body” saw the light only in 2001. It turns out that the country is in danger! In order to save it, however, Kazatomprom, rather than suggesting that the existing laws be carried out, proposed amending them.

The time has come to think: where is the real environmental threat coming from? From radioactive wastes left without sufficient attention, or from utter disregard for the country’s laws?

The myth of Kazakhstan’s fantastic poverty.

In order to earn money for to solve the problem of its own radioactive waste, Kazatomprom proposes importing and burying waste from other countries, since Kazakhstan has no money of its own!

To do this, the country’s existing legislation needs to be amended to permit the import and burial of foreign radioactive waste. The supporters of such imports believe that cleaning up Kazakhstan’s radioactive contamination will require $1.11 billion (3).

It’s true that announcements that the country has no money are already a surprise to no one. Far more interesting was hearing a chorus of voice saying, “There is money!” “The country does have money,” admitted deputies, specialists, scientists, and virtually all those present at the conference “The Import and Burial of Radioactive Waste in Kazakhstan: A Dialogue Between Government and Civil Society,” on October 29-20, 2001.

The aforementioned Resolution 1103 of 1992 had already prescribed 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” (Pont 2).

On July 25, 2001, Resolution No. 1006 of the Government of Kazakhstan, “On Confirmation of the Program for Conservation of Uranium-Mining Enterprises and Liquidating the Consequences of the Working of Uranium Deposits for 2001-2010” was issued. The resolution indicated that “the chief source of financing for all work for the conservation of uranium-mining enterprises and liquidation of the consequences of working of uranium deposits is the state budget. This does not exclude, however, the possibility and the need to attract non-budgetary funds, particularly targeted funding from uranium-mining and processing companies.”

Furthermore, in 2001 150 million tenge were allocated from the state budget, which constitute “100% of the stipulated annual plan,” “for the conservation and liquidation of uranium mines, as well as for the burial of man-made wastes” (4).

Finally, in 2001 the National Fund of the Republic of Kazakhstan was created, which currently contains $1.6 billion (Kazakhstanskaya pravda, May 9, 2002). Why not use its money for the benefit of future generations and solve a painful problem?

All the same, Kazatomprom insists on the import and burial of waste! There argument? We need money!

Why aren’t there enough funds for burying our own waste? Because they mysteriously disappear. Just like in a fairy tale, also the reason is far from magical: the shadow economy, corruption, and flat-out theft. Evidently, in Kazakhstan it’s easier to import radioactive waste than to get rid corruption, which has reached alarming levels (5).

However, it should not be forgotten that there are not that many around the world who want to stain themselves with radioactive money. Even a tiny country like the Marshall Islands refused to allow the construction of a plant for processing radioactive waste from other countries, even though it has no large oil reserves, no coal, and no other mineral resources, our country’s countless reserves of which are trumpeted on every street corner (Marshall Islands Journal, April 8, 1998).

The myth of Greeks bearing gifts.

Kazatomprom claims that the burial of foreign radioactive waste will bring Kazakhstan enormous revenues.

It predicts that over the course of 30 years, the burial of foreign radioactive waste could yield on the order f $30-40 billion (Panorama, April 26, 2002).

Why on earth do our nuclear officials’ colleagues overseas so easily refuse to take advantage of such a profitable business? Because the hopes of receiving enormous profits are entirely illusory.

Isn’t this a case of Greeks bearing gifts?

Virtually all countries having a nuclear industry take care of the burial of their own radioactive wastes. At the same time, in the opinion of the authors of the Nuclear Encyclopedia, not one country in the world to date had buried wastes from elsewhere on its own territory (6). The world market for low- and mid-level radioactive wastes, cited by Kazatomprom and the parliamentary deputies initiating the amendments (7), simply does not exist!

However, even though the world lacks any such cases, the supporters of waste imports are easy to understand. The simply can’t forget about the gift of Prometheus. They cannot stand not to capture the “glow” of radioactive waste on the investing Olympus and bring it to their own people. Only—what kind of investment reputation will be formed about a country after such an operation, and what kind of international precedent might be created? About this, unfortunately, they have not taken the time to think.

It only takes stepping onto this path even once, and the radioactive trail will last for many, many generations to come… And, as usual, the full weight of the burden will lie on the shoulders of ordinary people, not the initiators of the imports!

To date, not even the technological and economic grounds for the project have been presented for consideration by parliament, nor have the results of environmental expertise. All calculations, according to specialists, have been done hastily, literally “scribbled on someone’s knee.” After all, even Russia, which has high technology and the necessary staff of specialists, in the opinion of experts, cannot hope to receive $20 billion from the reprocessing of other countries’ spent nuclear fuel (8).

The myth of a miracle.

The money received as payments for the burial of waste will go toward improving Kazakhstan’s socio-economic situation.

Dear readers, if you seriously think that, please let us ask you one single question. If enormous sums of money have disappeared in our country thus far, what will keep them from disappearing this time? Even the World Bank has begun to reconsider its conditions for providing aid to Kazakhstan, making them directly dependent on the implementation of political and institutional reforms and transparency in the management of oil revenues. Therefore, its has developed three possible scenarios for the provision of credit to Kazakhstan (9): first—the money will disappear as before; second—it will disappear, but not so quickly; third—it will hardly disappear at all. In the third case, evidently, it is presumed that a miracle will have occurred!

The myth of the strict observance of the law.

In order to observe the strictest possible legality in resolving the aforementioned problem, a number of parliamentary deputies have put forward a new definition of “law.”

Dura lex, sed lex—“the law is harsh, but it is the law,” the ancient Romans believed. A group of deputies—the initiators of the new amendments—have developed a new definition; the law is “a formal limitation.” This is the point of view from which they look at the articles of current laws that prohibit the import and burial of foreign radioactive waste (3). Will these “formal limitations” be removed or not? It looks as though this question is increasingly devoid of meaning, since the legal acts previously passed to guarantee the population’s radiation safety have not been fulfilled. Moreover, the people in charge prefer not even to remember them.

How far democracy has come in our country! Another step, and we will be unable to distinguish democracy from anarchy, or from arbitrary rule!

The myth of creation, or how Kazatomprom knows better than anyone else!

Kazatomprom has not even left its opponents the hope for an alternative solution to the problem of radioactive waste. Where does such lack of appeal, such self-confidence, come from? Does Kazatomprom really know the situation with radioactive waste so well? Is there really a possibility of quickly and effectively dealing not only with our own waste, but with that of others as well?

Truth does not vanish, however, and eventually it comes to light. And the remarkable fact is revealed that “there are no enterprises performing the licensed burial of radioactive waste in the republic. At the present time, the sole licensed enterprise for the temporary burial of radioactive waste (ampoule sources of ionized radiation) is the Baikal-1 site in the city of Kurchatov” (10). It turns out that Kazakhstan lacks any cadastre of contaminated territories. In the opinion of some experts, there are not even the technology and specialists necessary for dealing with waste in a civilized fashion (8).

Will it or no, the question arises: what is Kazatomprom counting on? Is it thinking about repeating the divine act of creation, bringing into being in a week or two the most advanced technology, the specialists, the necessary information, comfortable laws, and “an obedient people”?

Incidentally, dealing with the people may be easier. The head of Kazatomprom has announced that he is against holding a nationwide referendum on importing waste, since the number of informed people greatly exceeds the number of informed ones, and he does not have enough time in his entire life to spend explaining the essence of the issue to each one (The Globe/Vremya po…, October 23, 2001).

Myths are one thing, but the reality may turn out to be far more prosaic. More than once already in our country, the illegal actions of certain “interested persons or agencies” have been legalized by the passage of amendments to existing legislation. In doing so, both the laws’ creators and legislators have demonstrated miraculous flexibility in finding grounds for changing the law.

Is the situation repeating itself this time? Might Kazatomprom already be pursuing some kind of operation, violating state atomic energy policy and the country’s laws? Might its efforts be aimed at legalizing these actions? Perhaps that is why our atomic agency is not hurrying to account for its actions to improve the radiation situation in Kazakhstan?

And is that the reason why its bureaucrats do not want to hear about the human right to a healthy environment, the observance of which would be a serious obstacle to the blossoming of their agency?
* * *

References (in Russian):

1. Resolution of the Government of the Republic of Kazakhstan No. 1103, “On Urgent Measures for Improving the Radiation Situation in the Republic of Kazakhstan,” December 31, 1992.

2. 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, April 28, 2000).

3. Explanatory note to the draft Law of the Republic of Kazakhstan “On Introducing Amendments and Additions to Certain Legal Acts of the Republic of Kazakhstan on Issues of Radiation Safety,” 2001.

4. Report of the Government of the Republic of Kazakhstan on Fulfillment of the Republic Budget for 2001, Government of the Republic of Kazakhstan, May 14, 2002.

5. “‘Transparency Kazakhstan’ Presents the Index of Perception of Corruption for 2001,” Toward a Society Without Corruption, 2001, no. 1(6), pp. 4-7.

6. Nuclear Encyclopedia. Moscow, 1996.

7. From an interview with Aleksei Yablokov. Aleksei Yablokov is a doctor of biological sciences, a corresponding member of the Russian Academy of Sciences, and an honorable foreign member of the American Academy of the Arts and Sciences. He is a former advisor to the President of Russia and chairman of the Inter-Agency Commission of Environmental Security of the Security Council of the Russian Federation.

8. From an interview with Vladimir Kuznetsov. Vladimir Kuznetsov is a member of an association of independent experts on the safe use of atomic energy in the Russian Federation, an expert for a number of committees of the Federal Assembly State Duma of the Russian Federation. He is an engineer and thermal physicist, a former employee of the Chernobyl nuclear power station and head of the inspection service for nuclear and radiation safety of the Russian Federation.

9. Kazakhstan: Priority Areas for Development and a Proposed Action Program for the World Bank, September 2001, pp. iv, v.

10. Resolution of the Government of the Republic of Kazakhstan No. 1006, “On Confirmation of the Program for Conservation of Uranium-Mining Enterprises and Liquidating the Consequences of the Working of Uranium Deposits for 2001-2010,” July 25, 2001.

The Anti-Nuclear Campaign of Non-Governmental Organizations of Kazakhstan.

Campaign coordinators:

Kaisha Atakhanova – Eco-Center, Karaganda,
tel.: (3212) 56-29-22, E-mail: kaisha@nursat.kz

Gulsum Kakimzhanova – IRIS, Semipalatinsk,
tel.: (3222) 62-40-62, 62-25-91, E-mail: iris@relcom.kz

© Ecological Society Green Salvation, 2002.

Translated by Glenn Kempf

Translated September 17, 2002

REPLY BY THE CHAIRMAN OF THE COMMITTEE FOR ATOMIC ENERGY

ANTINUCLEAR CAMPAIGN
—————————————

No. 1032/1520
July 25, 2002
Ecological Society Green Salvation
480091, Almaty, 58 Shagabutdinov St., apt. 28

NGO Eco-Center
470000, Karaganda, 49 Dzhambul St., apt. 2

Dear ladies and gentlemen,

With regard to the questions raised by representatives of non-governmental organizations in their appeal to the Prime Minister of the Republic of Kazakhstan, I.N. Tasmagambetov, on May 24, 2002, we report the following.

The legislation of the Republic of Kazakhstan guarantees the effective protection of the population’s health and defense of the environment against the possibility of the harmful influence of ionizing radiation. In accordance with this, our republic has created a system for state regulation concerning the safe use of atomic energy.

In accordance with legislation of the RK concerning the peaceful use of atomic energy, the Committee on Atomic Energy, created by Decree No. 770 of the President of the RK on May 15, 1992, is designated as the central state body regulating safety issues in the use of atomic energy. The Committee is responsible for licensing all forms of activity connected with the use of atomic energy, state oversight of the import and export of nuclear materials and nuclear technology, accounting for the control of nuclear materials, regulation of nuclear and radiation safety at nuclear establishments and in the use of sources of ionizing radiation, and the organization of the physical protection of nuclear materials and nuclear sites.

The Ministry of Public Health of the RK, through its system of sanitary-epidemiological stations, performs the necessary activities for protecting station personnel and the population from potential risks. Within the context of its competence, the Ministry of Public Health bears the responsibility for oversight and inspection in the production, use, storage, and transport of radioactive sources and materials. It also inventories such sources, issues its conclusions regarding the right to work with them, and provides medical assistance to personnel working with them.

The Committee for Environmental Protection of the Ministry of Natural Resources and Environmental Protection bears responsibility for protecting the environment against radioactive contamination. It coordinates work concerning the study of the radiation situation in Kazakhstan, and conducts state expertise of projects in the field of radiation safety.

Other ministries and agencies of the Republic of Kazakhstan:

The Ministry of Energy and Mineral Resources develops and implements policy and programs regarding the use of atomic energy;

The Ministry of Science and Education coordinates scientific activity regarding the use of atomic energy, as well as scientific and technical expertise for projects in the given field;

The Ministry of Internal Affairs oversees fire safety and the physical protection of sites for the use of atomic energy and enterprises using sources of radiation;

The Agency for Emergency Situations is responsible for preparing preventative measures in the event of radiation accidents and rescuing the population in such cases; the Department for Mining and Technical Inspection bars responsibility for overseeing the correct use of mining equipment in activities concerning the use of atomic energy.

These state bodies represent the first level in the system of regulation.

The second level consists of various enterprises and organizations conducting activities in separate areas to ensure radiation safety.

They include the following:

The National Committee of Kazatomprom, conducting radiation monitoring at enterprises in the uranium industry and active in the rehabilitation of territories contaminated by wastes from that industry;

The institutes of the National Nuclear Center oversee the situation on territories where nuclear testing is performed, and measure concentrations of radionuclides in the water and soil;

The state enterprise Gidromet monitors the level of global fallout of radioactive substances on the country’s territory;

Monitoring of doses of external radiation and levels of radionuclides in the water, soil, food, and other products is also performed by the laboratories of the Ministry of Agriculture and various scientific institutes and laboratories with an appropriate profile.

In accordance with Article 13 of the Law of the RK “On the Use of Atomic Energy,” the burial of radioactive wastes is carried out at specialized burial sites.

In accordance with Article 15 of the Law of the RK “On the Use of Atomic Energy,” all enterprises keep an inventory of the presence and movement of nuclear materials and radioactive substances, and ensure their preservation. State inspection is conducted by the Committee for Atomic Energy.

In accordance with Resolution No. 1103 of the Cabinet of Ministers of the RK. “On Urgent Measures for Improving the Radiation Situation in the Republic of Kazakhstan, the following steps have been taken:

(1) A concept for the burial of radioactive wastes in the Republic of Kazakhstan has been developed, which characterizes all radioactive wastes in the Republic of Kazakhstan;

— A map of the locations of all radioactive wastes on the republic’s territory was compiled at the end of 1993;

— The planned annual growth of radioactive wastes in the republic was determined;

(2) Initial work on the creation of a system for the burial of radioactive wastes has been completed:

— Collection and analysis of geological materials for the creation of surface and deep subterranean storage sites for different regions

(3) Kazatomprom has created a special liquidation fund for accumulating finances for work on the recultivation and rehabilitation of the territories of worked-out uranium deposits.

In accordance with section 5, “Radiation Safety of the Population,” of the National Environmental Action Plan of the Republic of Kazakhstan, confirmed by Resolution No. 878 of the Government of the Republic of Kazakhstan on June 9, 2000:

The Committee for Atomic Energy, the Ministry of Natural Resources and Environmental Protection of the RK and the Agency for Public Health of the RK have developed and approved a Statement of Cooperation Delimitation of Functions between the Committee for Atomic Energy, the Ministry of Natural Resources and Environmental Protection of the RK and the Agency for Public Health of the RK concerning issues of radiation safety on the territory of the;

Subdivisions of the National Nuclear Center of the RK and the Ministry of Natural Resources and Environmental Protection of the RK conducted fieldwork and analytical laboratory research to enrich existing data on radioactive contamination during the period of nuclear explosions at the Azgir test site, as well as during the post-testing period. The radiation situation was studied, and contaminated areas were mapped out. Research is being conducted regarding the presence and content of radon in the atmosphere;

Radiological research has been conducted on the territory of the Aktogai district of the Karaganda region, with the aim of evaluating the impact of testing at the Semipalatink nuclear test site;

Radiological research has been conducted in the Bokei-Urdinsk and Dzhangala districts of the West Kazakhstan region, within the boundaries of the test sites included in the testing system of Kapustin Yar. Environmental samples were taken, and chemical and radiochemical analyses were conducted to determine the content of radionuclides, heavy metals, and fallout products of rocket fuel in the soil, water, and plant life. Radon levels were measured in housing in the villages of Saikhin, Terekty, and Dzhangala. The radiation parameters measured did not exceed the background levels characteristic of the given location;

At enterprises in the uranium industry, a system exists for the control of levels of atmospheric radon, thorium, and their decay products in work areas. The volume and periodicity of radiation monitoring has been determined and agreed upon with the inspection agencies, and embraces the entire list of measurements for evaluating the radiation situation.

All ministries, agencies, and organizations included in the Plan send annual reports to the Government of the RK regarding their fulfillment of the Plan.

Resolution No. 1006 of the Government of the RK on July 25, 2001, approved the State Program for the Conservation of Uranium-Mining Enterprises and the Liquidation of the Consequences of the Working of Uranium Deposits for 2001-2010. In accordance with this program, work on the liquidation of the consequences of uranium mining on the territory of the Republic of Kazakhstan is carried out by the specialized enterprise Uranlikvidrudnik.

This work is financed from the republican budget, and in part by investments from uranium-mining enterprises. At the present time, work is underway on the territory of the former Mines 1 and 2 of Mining Administration No. 4 in the Akmola region, and Mine 3 of Mining Administration No. 4 and Mine 12 of Mining Administration No. 5 in the North Kazakhstan region. Starting July 2002, work will begin at the Vostochnyi [Eastern] Mine of the Vostochnyi Mining Administration in the Zhambyl region.

We fully share your concerns regarding the radiation situation in our country, and we are actively seeking means for its improvement.

Sincerely,
Chairman T.M. Zhantikin

* * *

Translated by Glenn Kempf

Translated September 24, 2002

THE RADIOACTIVE TRAIL WILL LAST FOR GENERATIONS

ANTINUCLEAR CAMPAIGN
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Maksim Shingarkin is the coordinator of Greenpeace Russia’s antinuclear project. He is a dismissed staff officer, having served for ten years in the Twelfth Department of the Ministry of Defense, responsible for nuclear weapons testing, including at the Semipalatinsk test site in Kazakhstan.Shingarkin_01

Question: How do you rate the international experience in dealing with radioactive waste?

Answer. Radioactive wastes fall into two categories. The first are ores, formed during production, and the second are connected with the use of radioactive materials in the nuclear industry. For example, at nuclear power stations, wastes with artificial isotopes are produced

There is a basic difference between artificial and natural radioisotopes. The mineral industry of Kazakhstan produces a large amount of dangerous radioactive materials, certainly, including wastes containing natural radioisotopes. However, there is no comparison between these and the danger stemming from artificial radioisotopes. Their radiation is often fatal to living organisms now existing on Earth, or results in their genetic change. But living organisms, including, of course, human beings, never encountered artificial radioisotopes in the course of their evolution. Thus, contact with them is extremely dangerous for future generations. Therefore, any practice in dealing with radioactive substances, with radioactive waste on a global scale, should provide, first of all, reliable isolation of artificial radioactivity from the biosphere. However, no nuclear project, no stage of the nuclear fuel cycle, not one of the most perfect atomic power stations, not one country of the world, have shown to date the complete isolation of artificial radionuclides from the natural environment. Thus, today, on the Earth, a fatally dangerous experiment connected with the introduction of artificial radioactivity into the natural balance is being conducted. It is an experiment that after several generations may end in the destruction of individual species, or even all life on Earth.
Question: Do you know of any states that import radioactive waste from other countries and bury it on their own territory?

Answer. As far as I know, officially no country of the world accepts another’s radioactive waste for burial on its own territory. Moreover, the legislation of some states categorically forbid not only such imports, but even to raise the question of possible imports. Thus, for example, in the Islamic state of the United Arab Emirates even discussing the possibility of importing radioactive waste is prosecuted by law, and actual import is punishable by the death penalty. The African countries have passed a resolution forbidding the importing of radioactive and chemical wastes on the territory of Africa. Thus, no country of the world, even the most backward African country, imports radioactive materials of foreign manufacture for burial on its own territory. Not even the poorest country in the world! And nothing can prevent the peoples of these countries from opposing such desires by the “powers that be.” We know that any attempt to reconsider such legislation, even in backward countries, will be considered by the world community as the destruction of the international system of environmental protection.
Question: What problems might the Republic of Kazakhstan encounter, if the decision on the import and burial of radioactive waste is nevertheless adopted?

Answer. Raising the question of the importing of foreign radioactive materials and waste into Kazakhstan is, above all, testimony to the absence of political culture in the country’s leadership. Because it is impossible to construct a national economy if you transform the territory of your own state into an international dumping ground for nuclear waste. It is impossible to ensure the reproduction of a healthy population if radioactivity collected from the entire world will be affecting it. It is impossible to become an industrially advanced country if you perform manual labor for the industrially advanced countries. A state that lacks the social and technological base for its own development, but cultivates an attitude of dependence on gifts from others, having sold off its own native land, cannot occupy a worthy place in the system of the international division of labor. And nobody will be able change the image of such country in for centuries on end, because it is enough to stick one leg into radioactive waste, and this radioactive trail will last for many, many generations of the inhabitants of the Earth.
Question: Is the import and burial of radioactive waste on the territory of Kazakhstan only the country’s internal affair?

Answer. If we talk about the Republic of Kazakhstan in particular, its special feature is that it is, above all, a multinational state. The interests of the peoples living on its territory, including their genetic safety, are not enclosed within the borders of one state. They are tied to the fates of the peoples living beyond its limits. Accordingly, if the peoples living on the territory of Kazakhstan will be exposed to risk, particularly as a result of the impact of radiation (which will result in genetic damage), it means that the peoples of the neighboring countries will be exposed to risk. This is the simplest point. In addition, there are many other interrelationships. From the territory of the Republic of Kazakhstan, major rivers flow into the territory of the countries that border it. Contamination of these rivers directly threatens the population living along their banks in other states. Kazakhstan has no outlet to the sea, and the import of radioactive materials is possible only through the territory of neighboring countries. The transportation of radioactive materials is known to be the riskiest part of the nuclear fuel cycle. It is this weak link that attracts the interest of terrorist groups, and people’s fate may depend on the whim of fate alone. Therefore, the neighboring states cannot react quietly to such a statement. In addition, there is also public opinion, which will affect the leaders of the neighboring countries. Let’s put it this way: we in Russia will do our utmost to prevent the transport of radioactive waste to Kazakhstan through the territory of our country. And we will find arguments to convince the public of other states not to permit it either. Our organization, Greenpeace of Russia, and Greenpeace International will do all we can.
Question: Who does the introduction of legislative amendments on the import of radioactive waste benefit, besides Kazatomprom itself?

Answer. First, the revenues will hardly be received by the entire industry. They will be received by individual managers within this sector, and this money will never appear either in the economy of Kazakhstan, or in the economy of any other country. It will be compensation money for the sale of territory. It is black money, which does not bring happiness even to its owners. Second: it’s completely clear that today, when the world stands on the eve of a new technological revolution, counterrevolutions are taking place in industry, including the power industry. The nuclear power sector, which has a premonition of impending doom, is taking optimizing steps worldwide. It is trying to use the international division of labor to find the cheapest niche for its own existence. And this is already reflected, over the decades, in the economy of Kazakhstan. The fact is that the Russian nuclear industry organized an entire campaign for the artificial reduction of the price of uranium mined in Kazakhstan, with the aim of cutting the cost of nuclear fuel. Today, by their estimate, for each kilogram of exported uranium Kazakhstan receives only 50 % of the price that could be currently set.

The primary weak link in nuclear power is the problem of enriched nuclear fuel and the burial of radioactive waste. And here, suddenly, a universal solution has been found. Today, two countries in the world deliver uranium to the global market for fabulously low prices. Due to these contracts, the leadership and upper management of the nuclear industry are fed. Unique conditions are created, under which, by using money obtained from the sale of uranium, it is possible to buy politicians, officials and even public opinion, as has been clearly demonstrated both in Russia and in Kazakhstan. The unprecedented policy of transforming the territory of two great states into international nuclear dumps starts here, with the changes in Russian and Kazakhstani legislation. These are not simple parts of one whole; they are a natural intersection of the interests of the nuclear departments of the two countries, and at the same time, a closed technological chain. Russia will process the enriched nuclear fuel, and the radioactive waste will be delivered to Kazakhstan. The people of the two nations will carry out the dirtiest, most dangerous work for the safe countries: Japan, France, Great Britain and the United States. It is these peoples that the global nuclear establishment has selected for the role of a clean-up crew for their own nuclear needs. And these people have no way to tell their own governments that this should not take place. The people of Russia and Kazakhstan have the right to establish priorities, to create a high-tech economy, and to rescue their own land from the invasion of foreign radioactive waste.

Interview conducted by Sergey Solyanik, member of the Ecological Society Green Salvation.

Prepared for printing June 25, 2002

Translated July 30, 2002

IT WILL BE A VERY DANGEROUS PRECEDENT 

ANTINUCLEAR CAMPAIGN
—————————————

Valery Menshchikov

Menshikov_01Valery Fyodorovich Menshchikov is a physicist, a member of the Council of the Center for Environmental Policy of Russia (CEPR), and a member of the Nuclear and Radiation Safety Program of the Social-Ecological Union (jointly with CEPR). From 1990 to 1993, he was a deputy of the Supreme Soviet of the Russian Federation and vice president of the Committee on the Environment, where he was in charge of issues involving nuclear and radiation safety. Later, he worked on the staff of the Russian Federation’s Security Council as the secretary of the Interdepartmental Commission on Environmental Safety.

In recent years, he has been occupied with questions of the legal regulation of problems of nuclear and radiation safety, the analysis of risk in the nuclear sector, and the problems of dealing with radioactive waste.

Question: Do you know of any states that import radioactive wastes from other countries and bury them on their own territory?

Answer: I do not know of any such countries — no civilized countries, anyway. This is, of course an arbitrary concept—the “civilized country”; nevertheless, such a general name exists for countries that care, above all for their people, their health, etc.—it’s a sign of civilization, all the same. The national legislatures of the major powers, especially the “nuclear five,” forbid the import of radioactive waste from other countries. In addition, let’s remember the Basel Convention of 1989 for the control of transboundary transportation of hazardous wastes and their removal, according to which transboundary transportation of hazardous industrial wastes and their storage are forbidden at the international level. Radioactive waste obviously falls under the category of hazardous wastes. I do not know about Kazakhstan, but Russia ratified this convention in 1994.

Question: What problems might the Republic of Kazakhstan encounter, if the decision to import and bury radioactive waste is adopted nevertheless?

Answer: I would like to answer first as a physicist. A wide range of substances with various levels of activity falls into the category of radioactive waste. In general, in the world and in our country, they are classified according to their level of activity: low-level, mid-level, and high-level. They can exist in various states: liquid, solid (we don’t take gaseous materials — you can’t transport them). From the beginning of the development of nuclear power, radioactive wastes created at various enterprises, as well as in the use of nuclear materials in industry, medicine, etc., represent the most serious problem for the further development of this sector. For example, the volume of radioactive waste in the countries of the European Economic Community from working reactors and their subsequent dismantling will total 1.7 million tons. More than 95 % of this volume is low-level waste. All of this radioactive inheritance must be stored for many years within the limits of the national territories under strict control. In Kazakhstan, the people belonging to the nuclear industry are competent and well-educated experts, and what they are talking about is probably the desire to provide services for the storage and burial of low- and lid-level wastes. What state will they arrive in — iquid or solid? Will they be encased in any kind of a (concrete, bitumen, etc.)? What will be the level of heat transfer in their transportation and storage? What radioactive gases will arise in dealing with the waste? There are dozens of questions in the area of radiation safety. The storage of radioactive waste is a very complex and specific process, a special industry, which must operate and supervise storage facilities for many decades (sometimes centuries). For example, in Germany, in licensing storage facilities the same requirements as for other nuclear installations, as well as requirements usually applied to mining facilities, are imposed.

One more problem is the problem of setting norms. Many countries from which radioactive waste might come have their own classifications for these wastes. The International Atomic Energy Commission has one, Russia another, and America has another one altogether, different from ours. Therefore, these scales might shift, and there might be a mismatch. Let’s say that according to the classification “mid-level waste” you’re prepared for one situation, but suddenly it turns out, in fact to be more threatening, and you don’t have a prepared container, protective barrier, etc. Therefore, thus far there are more questions than answers. Obviously, Kazatomprom [Kazakhstan’s state nuclear power company] is obligated to present for examination and to the public at large a detailed program for dealing with radioactive waste (both its own and that proposed for importing).

The financial side. If low-level waste can be stored without significant expenditures and large resources, for mid-level waste reliably protected and expensive storage facilities are already necessary. In the case of importing radioactive waste into the Republic of Kazakhstan, as I understand, nobody will take back the waste brought there. It would be naive to think that someone will say, “We’re only importing it for temporary storage.” Hence, it is necessary to solve the problem of a final burial place for the waste. In Sweden, according to its program for dealing with radioactive waste, for final removal of low- and mid-level waste a storage site located a kilometer from the coastline, under a layer of seawater, and sunk 60 meters into a crystalline rock formation on the bottom of the Baltic Sea, was created. The cost of building and operating such a storage facility runs into the millions of dollars. We are told that in Kazakhstan there are already many sites allegedly adapted for the storage of radioactive waste. But if it’s a pit or a mining site for the production of uranium ore, then at the given site the hydrography, geology, and any other natural environmental conditions are disrupted. Thus, the migration of radionuclides along underground horizons, hit them in underground waters, and their spread over a considerable territory is possible. When in the USSR industrial nuclear explosions for peaceful purposes were carried out, they were preceded by the extensive and scrupulous study of the geology at the blast sites. However, decades later it turned out that the geological picture was incomplete and inexact, and that radionuclides are now penetrating, together with groundwater, into drilling sites for oil, gas, and so on.

There are also political questions. I treat Kazakhstan with huge respect, and I consider it to be a truly civilized country, but this will be a unique and very dangerous precedent. For the first time, a country of this rank will accept dangerous industrial wastes on its own territory. It’s probably not necessary to offend African or other underdeveloped countries, but it reminds me of the situation when firms took dangerous poisonous substances their in barrels. It was at the level of deals with any corrupt African government. I would very much not like to make even approximate analogies, but I repeat: it is a very dangerous precedent, in my view, undermining the country’s authority and creating a negative attitude toward it in the rest of the civilized world. The opinion might be created that in Central Asia, too, there is a state similar to the African ones, ready to accept the dirtiest and most dangerous wastes from all over the world.

Question: Is the import and burial of radioactive waste on the territory of Kazakhstan the country’s own internal affair?

Answer: To discuss this question is, of course, the internal business of Kazakhstan. To make a decision, undoubtedly touching major questions of the safety of the population and territory of the adjoining countries—of course, it is better to have consulted with them. Even at the preliminary stage, consultations are desirable. I believe that our non-governmental organizations in Russia and Kazakhstan should collectively discuss topics that concern the interests of these friendly neighboring states. At the departmental level, as I understand, consultations of this kind between Minatom [the Ministry of Atomic Energy] of Russia and Kazatomprom necessarily take place. Obviously, there is a certain mutual understanding between them, and Minatom of Russia may be ready to offer technical assistance. However, we have precedents, when Minatom of Russia, from our point of view, also made incorrect decisions, announcing completely fantastic plans, and each time saying that it was for the sake of resolving environmental problems.

One example involves the delivery to Russia of foreign enriched nuclear fuel (ENF). The magic 20 billion dollars, which should ostensibly enter Russia’s state budget, Minatom’s budget, and the budget of territories that must be rehabilitated, do not exist. And in the coming years, as the minister of atomic energy, Mr. Rumyantsev, recently confirmed in a meeting with ecologists, even further contracts are not expected: there is no market, or it is blocked by the competitors. Hence, we notice a completely different turn of events. Many deputies of our parliament voted to permit the import of ENF to Russia, assuming that huge sums of money would appear and part of them really would go toward solving environmental problems. I think, that the figures announced in Kazakhstan are also unreal. This is visible, for instance, in the case of the immeasurably more powerful Minatom of Russia, which the world treats with much more attention and respect on many issues, because here there are nuclear weapons. Nevertheless, this ministry could not realize its financial and budget ideas, its fantasies, either. People that understand the situation warned immediately that there will be no 20 billion dollars, that, God willing, there might be some small deliveries, but all this was not heard. Today it is a real fact. Therefore, I can tell you beforehand that 2 billion, and 20 billion, and 40 billion, are a fantasy.

Question: Does it seem to you that the amendments to Russian legislation that have been passed, and the campaign unleashed by Kazatomprom for the adoption of similar amendments, are parts of a single goal?

Answer: I think that it’s impossible to say that they are parts of a single goal; it is simply an identical search for a way out of the dead end in which both our countries have found themselves. There is an enormous inheritance from the [Soviet] nuclear programs, above all those of the military. This is characteristic of Russia. Ninety percent of all the radiation problems that have accumulated in the past are the heritage of military programs. It was necessary to create a bomb in an insanely short amount of time, and later the arms race began; in the Urals and Siberia three secret enterprises for processing weapons-grade plutonium and uranium were constructed. Back then the main priority was time. Therefore, nobody paid attention to the environment or to people, even the workers themselves. You see, in the early years they didn’t know how radiation affects the body. As a result, the cold war ended without glory, and the next generation has received the world’s largest inheritance of radiation. Thus, today’s attempts to find money to clean up these radioactive dumps are a normal human reaction, which in Russia finds understanding among the members of Parliament. It’s a normal desire, but we have already become convinced that they are trying to solve it while looking after their own departmental interests. And departmental interests are becoming increasingly dominant, swallowing up the social side, pulling in into the shadow of “non-transparency,” since in Russia this department to date has also been engaged in military development. It is, as they say, “the guys’ secret.” Therefore even the parliament of Russia, not to mention the public, cannot verify the distribution of money within our nuclear department. Here there are obvious contradictions between noble thoughts and their realization.

Russia’s Minatom is not simply one building, where the officials sit. It is an entire government infrastructure, with closed cities, nuclear complexes, a huge number of people, and dozens of research institutes. Here in Moscow, we have more than ten of them. One alone, the Kurchatov Institute, works on a wide range of subjects, including nuclear physics, the programs of nuclear power stations, rehabilitation of territories, and many other problems. It is clear that without this scientific potential, for Kazakhstan it will be very difficult. Of course, Kazakhstan has its own nuclear center, and it, too, is not simply a group of managers who operate something. Therefore, consultations naturally take place, and mutual enrichment through the exchange of ideas occurs. I think that it’s a normal process, which doesn’t disturb anything. Only in this sense is it possible to talk about “parts of a single goal.” However, from my point of view, there are differences as well. In Russian society, including among the experts at Minatom and Gosatomnadzor [the State Atomic Inspection Agency], there is a completely negative attitude toward importing radioactive waste onto our territory. Even in parliament, when the laws on importing enriched nuclear fuel were discussed, there were attempts to remove the words “enriched nuclear fuel,” because society does not accept it, does not understand it, and will not understand it in the near future. Today, Russia’s position is precisely reflected in the new law “On Environmental Protection” (passed in 2002), in which the ban on importing radioactive waste from other states was confirmed.

Question: To whom is the inclusion in the legislation of the amendments on the import of radioactive waste beneficial, apart from Kazatomprom itself?

Answer: I can answer this question only by our own example, although I always emphasize, that our states are birds from the same nest: the political or social situations that arise are very similar.

When the laws on importing enriched fuel were discussed, it turned out that for dealing with public opinion and with the deputies, the top management of Minatom of Russia put forward some very noble ideas. Two of them were as follows: “Most of the money will go toward rehabilitation of the damaged territories,” and “We support the development of advanced technologies.”

However I emphasize, that in the next 20-25 years we cannot process the enriched nuclear fuel, if it comes to us at all, and not from Russian reactors. And that means that for the life of one generation, we will only be storing it. We have plans for storage facilities; there is a half-filled store site near Krasnoyarsk at the Mining and Chemical Combine, housing enriched piles from VVER-1000 reactors. A start has been made, but we can’t talk about any kind of processing. It is a kind of fiction, a kind of screen, that we possess high technology, that we’re an advanced superpower, that the Americans have lagged behind us in this area. Hence, in “pushing” for the laws on importing enriched nuclear fuel, the representatives of Minatom of Russia committed the same error as the deputies in talking about advanced technologies. They really exist, but in other areas. Those that we have in the sphere of processing enriched nuclear fuel are the dirtiest technological processes, from an environmental standpoint, developed with the sole purpose of producing fissionable components for a nuclear weapon. That is, Minatom’s interests were draped in noble intentions, by which part of the body of deputies were “bought.”

The lobbyists’ activity was obvious; it was seen and recorded. And these were not physicists, and above all, not experts from Minatom. Therefore, a naпve questions arises: “Why is it that you guys, with such fuss and bother, not sleeping, not resting, lobby for Minatom’s program? Something here is not clear.” This means that they are, in fact, interested in it. It is possible to create different hypotheses, but I know well enough what a powerful PR structure Minatom of Russia possesses for dealing with the public. It has unlimited access to the mass media, a modern television studio, publication of very expensive magazines for the general public, newspapers, etc. Minatom’s resources can’t be compared to the resources of the critics of its position. It has a lot of money, in order to present its point of view on TV and hold large-scale events. It has enough means to individually explain its position to each worried deputy or fraction. I think that the same situation applies to Kazakhstan. There can be a difference only in one thing: for the last ten years in Russia, another point of view—the point of view of non-governmental environmental organizations and some political parties—was formed all the same, and the public has heard the representatives of these organizations and parties.

One example of this is the preparations for the All-Russia Referendum on Nature Protection, which demonstrated the previously unknown unanimity of the population on this issue. The initiative group gathered about 2.5 million signatures. More than 80 % of the respondents, to the question “Are you for or against the importing of enriched nuclear fuel?”, answered “Against.” Such a result in the Russian Federation never occurred in the discussion of other serious issues. This means that despite Minatom’s enormous resources, the ministry has not proved to the community the validity and financial transparency of its plans. The community hasn’t believed it. It has already become competent enough to sort through the issue, and it understands that the nuclear department has not provided convincing arguments in terms of safety for people and the environment.

Interview conducted by Sergey Solyanik, member of the Environmental Society Green Salvation.

Prepared for print June 5, 2002

Translated July 15, 2002

REPLY OF THE COMMITTEE ON ISSUES OF REGIONAL AND LOCAL GOVERNMENT

ANTINUCLEAR CAMPAIGN
—————————————

SENATE OF THE PARLIAMENT OF THE REPUBLIC OF KAZAKHSTAN
On Issues of Regional and Local Government
(Committee)

Astana, House of Government

July 2, 2002
No. 7-10-401/602
Ecological Society Green Salvation
480091 Almaty, 58 Shagabutdinova St., apt. 28
To your letter of May 24, 2002

Your suggestions will be taken into account in the introduction to Parliament of the draft law determining the procedure for the burial of foreign radioactive waste on the territory of Kazakhstan.

Committee Chairman (signed) L. Burlakov
No other replies have arrived thus far.