387 / 536
373
CYIL 7 ȍ2016Ȏ
DO THE EUROPEANS HAVE THE RIGHT TO GET INFORMATION ABOUT…
or practice are met, but they must comply with the Convention’s objective of securing
broad access to its rights.
63
Another question arises – that is, whether the subjects from
another
state may
address state institutions in request for information. The implementation guide of
the Aarhus Convention underscores that “Article 3, paragraph 9, requires that no
person be excluded from the definition on the grounds of nationality, domicile,
citizenship, or place of registered seat. Persons who are non-citizens, therefore, have
rights and interests under the Convention. For example, the rights under Article 4
relating to requests for information apply to noncitizens and nonresidents as well as
citizens and residents.”
64
The subjects of the rights provided for in the Convention are divided into two large
groups – that is members of the public in general, and members of the public concerned.
The term “public” in Article 2, paragraph 4 is not subject to any conditions or restrictions.
Thus where the Convention confers rights to the “public” without adding “concerned”,
the public are entitled to exercise those rights without the necessity to prove that they
personally may be affected by the activity in question. Articles 4, 5, 6, paragraph 7
and 9, and Article 8 are examples of provisions which follow this approach. On the
other hand, where the Convention mentions “the public concerned”, it means “the
public affected or likely to be affected by, or having an interest in, the environmental
decisionmaking; for the purposes of this definition, non-governmental organizations
promoting environmental protection and meeting any requirements under national law
shall be deemed to have an interest.” (Convention Article 2, paragraph 5). Persons
who are non-citizens, therefore, have rights and interests under the Convention.
The Implementation Guide for the Aarhus Convention states that in cases where
the area potentially affected by a proposed activity crosses an international border,
members of the public in the neighbouring country will be members of the “public
concerned” for the purposes of Article 6.
65
The Compliance Committee of the
Aarhus Convention has observed that “foreign or international non-governmental
environmental organizations that have similarly expressed an interest in or concern
about the procedure would generally fall under these definitions as well.”
66
Belarus signed the Aarhus Convention on 16 December 1998, and it entered
into force on 30 October 2001. The compliance of Belarusian authorities with
the provisions of the Aarhus Convention were the subject of an inquiry by the
Compliance Committee of the Aarhus Convention. The Committee had examined
63
Ibid
.
64
Ibid
.
65
Ibid
., 57.
66
UNECE ‘Findings and Recommendations with regard to compliance by Ukraine with the obligations
under the Aarhus Convention in the case of Bystre deep-water navigation canal construction’ (Adopted
by the Aarhus Convention’s Compliance Committee on 18 February 2005) ECE
/MP.PP/C.1/2005/2/Add. 3, para 26.