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Каспинфо май 2002 |
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Название: Сообщения НПО на англ. языке Главные Пункты: * Согласно решения суда по иску организации <Экологическая Вахта Сахалина> компания Дальморнефтегеофизика обязана предоставить населению и вышеназванной организации документальную информацию, касающуюся негативного влияния бурения на кормовую базу серых китов и рыбные ресурсы. (27.05.2002) Полный Текст Сообщения НПО на англ. языке Сообщения НПО на англ. языке *** Sakhalin Environment Watch Press Release Translated by: David Gordon, Pacific Environment, dkgordon@pacificenvironment.org A Precedent-Setting Lawsuit to Defend Citizens' Rights to Environmental Information on Sakhalin Has Been Won On April 29, 2002, the conclusive legal hearing regarding a complaint about the refusal of the company "Dal'morneftegeofizika" to provide documented environmental information to citizens and the public organization "Sakhalin Environment Watch" took place. The judge approved the demands of the plaintiffs-environmentalists and made a judgement to require "Dal'morneftegeofizika" to provide the requested information within a month after the judge's decision takes effect. A bit of background: In August 2001, "Dal'morneftegeofizika" (DMNG) carried out seismic exploration on the northeastern shelf of Sakhalin, on the Odoptu deposit, extremely close to the feeding area of critically endangered gray whales. A number of documents confirm the negative impact of seismic exploration both on the whales as well as on fisheries resources and biological communities on the continental shelf. In the end of August, several citizens -- activists in the envrionmental movement and the public organization "Sakhalin Environment Watch" (SEW) requested documents from DMNG that provide the basis for carrying out seismic exploration (the environmental justification, the conclusion from the State Environmental Impact Review Commission, and copies of permits from the Russian Federation Ministry of Natural Resources). DMNG ignored the request from environmentalists, proposing that instead of reading the documents, the activists read newspaper articles that basically said there was nothing to worry about, since everything is under the control of government agencies. Knowing from bitter experience about how the government is "concerned" about environmental interests in society, citizens and SEW filed a lawsuit. During the process, environmentalists justified their demands with quotes from the Constitution of the Russian Federation, Declaration of Rights and Freedom of Humans and Citizens, and federal laws including "Law on Protection of the Environment," "Law on Information, Informatization, and Secuirty of Information," in accordance with which citizens have the right to information about the condition of the environment and access to this information can not be limited. Initially, the defendant -- DMNG -- agreed with this, but argued that the requirement to provide the requested information is not DMNG's responsibility, but the responsibility of government agencies. Further, this position changed significantly, and the defendant argued that the requested information is a commercial secret, since the seismic exploration work was carried out under contract with the company "Exxon" within the framework of a Production Sharing Agreement. And everything that is done within the framework of the Production Sharing Agreement is strictly confidential, which is also mentioned in the contract. Beyond this, DMNG representatives argued that the environmentalists' defense of their constitutional right to information was a "misuse of rights" that destroy the commercial rights of third parties (in the given instance, the company "Exxon Neftegaz Limited," which is registered on the Bahama Islands). Following active debates among the sides and analysis of all the conclusions and legal bases, the judge recognized the demands of public environmentalists lawful and requiring approval and required the E. Ya. Kropp, the general director of DMNG, to provide all the requested documents. Thus, a serious precedent has been set, and one of the most important democratic principles -- the principle of transparency of information that presents a public interest and impacts citizens' rights -- received real confirmation. One further serious step towards creating real civil society in Sakhalin Region has been carried out. For further information: Diana Tarasevich, Dmitry Lisitsyn, Nataliya Barannikova Yuzhno-Sakhalinsk, ul. Admirala Makarova, 27, "Sakhalin Environment Watch," Tel/Fax (4242) 42-41-53, e-mail: watch@dsc.ru **************** Protecting the living environment of the Pacific Rim... |