Law » Access to justice » Cases » Climate change litigation – violation of the legislation on the right to information and public participation in climate change issues by the Ministry of environmental protection in Ukraine

Protection of the right of citizens to information, right to participate in environmental decision-making

Case:

Climate change litigation – violation of the legislation on the right to information and public participation in climate change issues by the Ministry of environmental protection in Ukraine.

Region: Ukraine

Factofthematter: protection of the right to information, and right on public participation in decision making process in environmental matters.

Parties: plaintiff: NGO “Environment-People-Law” (EPL), defendant: Ministry of Environmental protection of Ukraine (Ministry)

Meritofthecase: NGO “Environment-People-Law” was denied in access to information about the policy of the Ministry on climate change. Besides that, Ministry does not fulfill the requirements of the United Nations Convention on climate change regarding the public informing and public participation in decision making process on climate change issues. Thus EPL asks the court to oblige the Ministry to take certain actions and impose the penalty on the officials responsible for the violation of the legislation.

Major facts:

EPL asked for the information on the development of climate change policy in Ukraine from the Ministry in the information request. The access to information in following issues was denied:

Information on the Ministry’s climate change policy and steps to mitigate climate change consequences and anthropogenic green house gas emissions.
Whether the enterprisers implement the measures to limit the influence of their activity on climate change, if yes, which ones? And provide the copies of confirming documents.
Whether the Ministry has planned to carry the seminars on climate change issues for 2007-2008? If yes, for whom, which issues will they cover? Who is responsible for their organizing? Provide the actual list of events.

Besides that according to article 6 of UNFCCC Parties to the Convention have the obligation on public informing, which are not fulfilled by Ukraine. Among them:
the development and implementation of educational and public awareness programmes on climate change and its effects;
public access to information on climate change and its effects;
public participation in addressing climate change and its effects and developing adequate responses;
the development and exchange of educational and public awareness material on climate change and its effects; and
As the result we point on the violation of the following legal acts:

1) Constitution of Ukraine;
2) Law of Ukraine «On international treaties of Ukraine»;
3) Law of Ukraine «On information»;
4) Law of Ukraine «On environmental protection»;
5) Law of Ukraine «On corruption»;
6) Aarhus Convention;
7) United Nations Framework Convention on Climate Change.

Commercial Court of Lviv Region opened the court proceeding according to the lawsuit of EPL vs. Ministry of Environmental protection of Ukraine by the court ruling from 16.05.2008.