Каспинфо
январь 2005

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Название: ВАХТА КАСПИЯ (на англ. яз)
Главные Пункты:
* Запрос на предоставление экологической информации генеральному директору КПО БВ П. Кампэлли от жителей поселка Березовка Бурлинского р-на Западно-Казахстанской области.
(04.01.2005)

Полный Текст
ВАХТА КАСПИЯ (на англ. яз)
ВАХТА КАСПИЯ (на англ. яз)

***


Demand for Information
in Connection with the
Right of Citizens to a Healthy Environment


December 15, 2004

To: Paulo Campelli
General Director
Karachaganak Petroleum Operating, B.V.

From: Residents of the village of Berezovka
Burlinsky Raion
Western Kazakhstan Oblast


Summary of the Situation
On December 1-2, 2004, the residents of Berezovka witnessed the
emission of unusually powerful toxic substances from the Karachaganak
Field into the atmosphere. The emissions were accompanied by a
forceful rumbling sound and the sharp intensification of foreign odors
on the territory of the village of Berezovka from the gases discharged
at the Field.


Dear Mr. Campelli,

We request that you require the appropriate department at Karachaganak
Petroleum Operating, B.V. to provide us with the following
information:
· The volume and types (chemical characteristics) of emissions
produced on November 30 and December 1-3, 2004 (individual information
for each day).
This information:
a) is of public interest; and
b) affects our rights and interests.

Our right to receive the information requested is guaranteed by the
following legislation of the Republic of Kazakhstan.


CONSTITUTIONAL GUARANTEE

I. Constitution of the Republic of Kazakhstan (August 30, 1995)

ARTICLE 31
1. The state shall set an objective to protect the environment
favorable for the life and health of the person.
2. Officials shall be held accountable for the concealment of facts
and circumstances endangering the life and health of the people in
accordance with the law.

ARTICLE 18
3. State bodies, public associations, officials, and the mass media
must provide every citizen with the possibility to obtain access to
documents, decisions and other sources of information concerning his
rights and interests.

ARTICLE 20
2. Everyone shall have the right to freely receive and disseminate
information by any means not prohibited by law. The list of items
constituting state secrets of the Republic of Kazakhstan shall be
determined by law.

ARTICLE 33
1. Citizens of the Republic of Kazakhstan shall have the right to
participate in the government of the state's affairs directly and
through their representatives, to address personally as well as to
direct individual and collective appeals to public and local
self-administrative bodies.


LEGISLATIVE GUARANTEE

I. Decree of the President of the Republic of Kazakhstan, having the
force of law, "On the Procedure for Considering Appeals from
Citizens," (June 19, 1995)

ARTICLE 2. The Concept of Primary Forms of Appeal
In the present Decree, the concept used signifies the following:

5. Inquiry - an appeal expressing a citizen's need to receive
information on questions of interest, of either a private or public
nature.


II. Law of the Republic of Kazakhstan, "On Environmental Protection"
(July 15, 1997)
Preamble

Chapter II. RULES AND RESPONSIBILITIES OF CITIZENS AND PUBLIC
ASSOCIATIONS IN THE FIELD OF ENVIRONMENTAL PROTECTION
Nature and its riches are the natural foundation of the life and
activity of the people of Kazakhstan, their social and economic
development and promotion of their prosperity. This document
determines legal, economic, and social foundations of the protection
of the environment in the use of present and future generations, and
is directed to provide ecological security, protection from harmful
influences of economic and other activities on natural ecological
systems, protect biological diversity and organize the rational use of
nature.

ARTICLE 3. The main principles of the protection of the environment

· Protection of the environment is realized in accordance with the
following principles:
o The protection of the life and health of people, preservation and
reproduction of the environment favorable for the life, work and
recreation of the people;
o Maintenance of ecological security and reconstruction of destroyed
natural ecological systems in territories with unfavorable ecological
conditions;
o National regulation and national control requiring
responsibility/compensation for the violation of the Legislation on
the protection of the environment;
o Active and democratic participation of the population, public
organizations and local governments in questions on the protection of
the environment according to International Law.

ARTICLE 5. Rules and Duties of Citizens in the Area of the Protection
of the Environment

1. Every citizen, people without the citizenship, and foreigners who
are living or located in the territory of the Republic of Kazakhstan
have the right to environmental conditions favorable for their lives
and health, accurate information about its condition and the right to
participate in actions for its improvement, compensation for damages
done to their health or property, which have occurred as a result of a
violation of the Legislation on the protection of the environment.

ARTICLE 6. Rules and Duties of Organizations in the Area of Protection
of the Environment

1. Public organizations, during their work in the area of the
protection of the environment have the right:
· To receive full and accurate information from the government about
the conditions of the environment and conduct actions to improve it.


III. Law on the Sanitary-Epidemiological Wellbeing of the Population
(July 8, 1994)

ARTICLE 6. Responsibilities of Central and Local Government Organs to
Ensure Citizens' Rights

Central and local government organs and officials have an obligation
to provide citizens, public associations and organizations with
information about the sanitary-epidemiological environment.


IV. Citizens' Judiciary of the Republic of Kazakhstan

ARTICLE 8. Judicial Protection of the Right to Freedom and Legal
Interests of Individuals
1. Everyone, regardless of citizenship, has the right, in accordance
with this Codex, to appeal to the court to defend the constitutional
right to freedom, if it is violated or challenged, and to protect
legal interests. Government organs, legal entities or citizens have
the right to appeal to the court with statements on the protection of
rights and legal interests of others or undefined circles of
individuals in the event of a violation of the reviewed legislation.


We request that you deliver this information directly to S.Ya.
Anosova, representative of the village of Berezovka's initiative
group.

In the event that you refuse to provide this information, we ask that
you provide us with a written explanation, which we will utilize in
court to appeal your actions.

Signed by 19 residents of the village of Berezovka.