Fears of Over-Hasty Green Legislation
Fears of Over-Hasty Green Legislation
Pressure from Kazakstan's president to pass a new "ecological code" by the end of the year could force parliament into passing a flawed piece of legislation, NBCentral Asia experts say.
Architects of the code, a draft of which was submitted to the lower house of parliament on September 19, say the aim is to bring Kazakstan's environmental protection legislation into line with the international treaties to which it is a signatory.
Kazakstan has ratified around 22 international agreements on the environment, including the Kyoto Protocol, the United Nations Framework Convention on Climate Change and the Aarhus Convention on Access to Environmental Information.
Ecologists who have been involved in drafting the ecology code told NBCentralAsia that its significance lies in setting out a new and progressive area of law, and synchronising the functions of four existing laws and around 80 regulations.
However, some of the code's provisions have already come under fire from members of parliament, for example a clause that bans access to environmental information if it constitutes a commercial secret, if it forms part of a criminal investigation, or is categorised as "for official use only". Deputies believe this runs contrary to the Aarhus convention on access to information.
There is also concern about the introduction of a certification system for producers of hazardous waste. Such waste will be subject to testing, and customised safety rules designed for the particular producer, at specially approved laboratories. The fear is that big corporations will be able to pressure these labs to get their own way.
Outside experts interviewed by NBCentralAsia share the parliamentarians' concerns about these issues, and are also worried about the short space of time that has been set aside for dealing with such an important piece of legislation, when it would normally take about a year to review and pass a new law.
But no one has dared challenge the deadline set by President Nursultan Nazarbaev who used a state-of-the-nation speech in March to issue orders that the ecology code should be on the statute books by the end of 2006.
These ecological experts believe many areas of the current draft need to be reworked and checked to ensure that they comply with international standards. If parliament passes the legislation after only one reading, the chances are the ecology code will be full of holes.
(News Briefing Central Asia draws comment and analysis from a broad range of political observers across the region.)
Architects of the code, a draft of which was submitted to the lower house of parliament on September 19, say the aim is to bring Kazakstan's environmental protection legislation into line with the international treaties to which it is a signatory.
Kazakstan has ratified around 22 international agreements on the environment, including the Kyoto Protocol, the United Nations Framework Convention on Climate Change and the Aarhus Convention on Access to Environmental Information.
Ecologists who have been involved in drafting the ecology code told NBCentralAsia that its significance lies in setting out a new and progressive area of law, and synchronising the functions of four existing laws and around 80 regulations.
However, some of the code's provisions have already come under fire from members of parliament, for example a clause that bans access to environmental information if it constitutes a commercial secret, if it forms part of a criminal investigation, or is categorised as "for official use only". Deputies believe this runs contrary to the Aarhus convention on access to information.
There is also concern about the introduction of a certification system for producers of hazardous waste. Such waste will be subject to testing, and customised safety rules designed for the particular producer, at specially approved laboratories. The fear is that big corporations will be able to pressure these labs to get their own way.
Outside experts interviewed by NBCentralAsia share the parliamentarians' concerns about these issues, and are also worried about the short space of time that has been set aside for dealing with such an important piece of legislation, when it would normally take about a year to review and pass a new law.
But no one has dared challenge the deadline set by President Nursultan Nazarbaev who used a state-of-the-nation speech in March to issue orders that the ecology code should be on the statute books by the end of 2006.
These ecological experts believe many areas of the current draft need to be reworked and checked to ensure that they comply with international standards. If parliament passes the legislation after only one reading, the chances are the ecology code will be full of holes.
(News Briefing Central Asia draws comment and analysis from a broad range of political observers across the region.)
