390 / 536
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BIRUTĖ PRANEVIČIENĖ – VIOLETA VASILIAUSKIENĖK
CYIL 7 ȍ2016Ȏ
but no evidence was provided.
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Therefore it could be concluded that Belarus was not
(and is not to this day) compliant with Article 6, para. 6 of the Aarhus Convention.
3. Concusions
The contemporary theories of national security increasingly recognize the influence
of various factors on national security. The accessibility of the information, its accuracy
and timely provision of information may increase both objective and subjective safety
in contemporary societies. Environmental security is more extensively recognized as
being an integral part of national security, and therefore the reception of environmental
information increases the sense of security in a person. Furthermore, the possession of
such information about environmental threats also allows a person to take measures
to protect himself from such threats.
The right to information is increasingly being recognized as a fundamental human
right alongside such rights as the right to life, right to fair trial etc. Before the
acknowledgement of the existence of such a separate right, the right to information
is derived from the freedom of expression as an intrinsic part of it. The freedom of
thought and expression includes both the right to seek and receive state-held official
information, including environmental information.
Besides the duties to be diligent and take all appropriate measures to ensure
safety and readiness for a possible accident, the Convention on Nuclear Safety
also obliges the state constructing a nuclear power plant to provide information to
the states in the vicinity of the nuclear power plant being built. The Convention
obliges the states to provide all necessary information for emergency planning and
response, and, furthermore, the information needed for them to evaluate and make
their own assessment of the likely safety impact on their own territory of the nuclear
installation. In this context it can be stated that the legal framework regarding the
availability of information in Belarus is insufficient.
The Convention on Environmental Impact Assessment in a Transboundary
Context obliges the states embarking on activities that could have environmental
impact to provide other states that could possibly be affected information about the
planned activity and enable them to participate in the environmental impact procedure.
The notification about the planned activity should include any information that is
available on its possible transboundary impact; the nature of the possible decision and
indication of a reasonable time span to provide the opinion on the proposed measure.
Furthermore, if the affected Party wishes to participate in the environmental impact
assessment procedure, the Party of origin has the duty to provide all the relevant
information and enter into consultations with the affected Party. From the analysis it
can be concluded that Belarus has infringed the right of Lithuania to receive proper
information as it has not informed Lithuania about the existence of the full report
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Ibid
.