Good practices and obstacles on implementation of Maastricht recommendations in Belarus

1. 6th meeting of the Task Force on Public Participation in Decision Making Good practices and obstacles on implementation of Maastricht recommendations in Belarus Siarhei Mahonau Ecohome NGO, BELARUS February 10-11, 2016, Geneva, Switzerland

2. Maastricht Recommendations 7(c) The possibilities for the public to participate in the decision-making at each stage and the procedures to be used – non-applicable in current Belarusian legislation 7(h)As appropriate, how to appeal or contest a decision, 8 including the final decision under article 9 of the Convention – there is no clear definition in BY law what is final decision; some de facto final decisions are out of jurisdiction of courts

3. Maastricht Recommendations (2) 15 It is recommended that, if in the course of the decision-making process the public authorities become aware of significant new information or that the circumstances have changed in some significant way, the public is given a further opportunity to participate before the decision is taken – no such opportunity is provided by legislation or in law enforcement practice as new public hearings in case of new information concerning discussed activity

4. Maastricht Recommendations (3) 36 para.76 of ACCC findings on communication ACCC/C/2009/37 concerning compliance by Belarus – no opportunity of public participation on every stage of decision making process, only on stage of expertiza 40(b) this recommendation was applied in law enforcement practice in Belarus, even by courts (day=24h) 107 Partially documents on public participation are collected by applicant and public authorities (not only applicant). Sometimes – access problems (Veles-Meat ex.)

5. Maastricht Recommendations (4) 124 Taking due account the outcome of the public participation by public authorities is not provided by legislation – there no changes since Maastricht 135 No information about final decision is provided 184 There is a good practice on public participation in the preparation of laws and other legislation acts may have a significant effect on the environment – thanks to Ministry of Natural Resources and Environment Protection which involves NGOs to this process (expls)

6. Public environmental expertiza One of succesfull tool of public participation in Belarus. Outcomes of PEE should be taken due account by public authorities. Non-obligatory. Five cases: - Nuclear Power Plant- Swietlogorsk Pulp and Paperboad Factory- General construction plan of China-Belarus Industrial Park- City of Minsk General Construction and Development (till 2030) Plan - Pig Factory in Sowlowo village

7. Public Hearings on Pig Farms Projects near Molodecho, December 1, 2014

8. Public Hearings on Pig Farms Projects near Molodecho, December 1, 2014

9. Some up-to-date good practicies • - Law on changes and amendments to Some Laws of the Republic of Belarus on protection the environment and public participation in environmental decision-making adopted by Dec 24, 2015 Nr 333-z – expands the rights of public for participation in decision making • - Draft Law On the State Ecological Expertise, Strategic Environmental Assessment and Environmental Impact Assessment – in Parliament now. NGOs submitted proposals to include rights on public participation into this law because there were no such opportunities

10. Research on Public Participarion in 2014 and 2015 done by Green Network and European Transformation Center

11. Thank you for attention Siarhei Mahonau legal advisor NGO Ecohome BELARUS sergio.swat2@gmail.com