Aarhus Convention as an environmental protection mechanism
The Training Center of the East Kazakhstan Oblast Court has accommodated a training seminar on application of the Aarhus Convention and RoK Environmental Laws in settlement of disputes relating to the environmental protection.
The training attendees included Anarbek Ramazanov, Acting Chairman of the Oblast Court; judges from Oblast and Oskemen city courts; Yeraman Uteshev, Chairman of Oblast Branch of Judges Association; Training Program Coordinators Askarzhan Kenjegarin and Raziya Kuanyshbayeva; Oblast and Nature Protection Prosecution; Oblast and Oskemen city Akim (Administration) Office; Irtysh Ecology Department; Hydrometeorology Center; Public Organizations; Advocacy Bar; JSC “UMZ”; Kazzinc LLP; Faculties of State Administration and Law at S. Amanjolov East Kazakhstan State University.
The Aarhus Convention adopted on June 25, 1998 in the Danish city of Aarhus is an international agreement ensuring the public involvement in the environmental protection. Kazakhstan joined the Convention in 2000. Its goal is to support the right of everyone for the favorable environment, health and well-being, public participation in decision-making and access to justice in environmental matters.
In the course of the training the judges jointly with environmental public associations, state authorities and businesses discussed a wide range of matters associated with use of the Convention in Kazakhstan, public participation in and civil community support to the Convention implementation process, expertise of non-governmental organizations and national legislation environment. A respective judicial practice of the East Kazakhstan Oblast was evaluated.
Court Appeals Collegium Judge Yeraman Uteshev who was responsible for seminar moderation advised that environmental legal actions are associated with breaches of civil rights for access to information, suspension of business and other activities non-compliant with environmental requirements, cancellation of resolutions of local executive bodies, suspension of mineral extraction and field development activities and disposal of radioactive wastes.
