Chapter 2: Belarus

(continued)

MAPPING AND EVALUATION OF OPPORTUNITIES

International Decisionmaking

The main method of how citizens can influence strategic international decisions is through a referendum. No legal framework for intermediate forms of public participation exist. Of course, referenda are only used at later (evaluation and decision) stages of decision-making. Certain international decisions (which have the force of law) are published, thus, ensuring the right to be informed. Presumably, the information on all international decisions is accessible to interested citizens, though practical experience in this field is very limited. Again, this information becomes available only at later stages of decisionmaking processes.

TABLE 3: International Decisionmaking
	Initiation of DM (problem/ proposal)	Defining the scope, issues and stakeholders (pre-decision scoping)	Defining the scope of DM (impacts and alternatives)	Evaluation of the alternatives	Selection of the alternative (DM about the selected alternative)	Execution of the selected alternative	Post-decision monitoring & enforcement (feedback/ adjustment)
Phases of Decisionmaking LEVELS OF PUBLIC PARTICIPATION
Control of decisionmaking (right to decide)	-	-	-	1-2*	1-2*	-	-
Decisionmaking power is shared (right to joint decisionmaking)	-	-	-	-	-	-	-
Comments are seriously taken into account (right to be heard)	-	-	2	-	-	-	-
Adequate notification (right to be informed)	-	-	-	-	3	-	-
Access to information (right to access to information)	-	-	-	2	2	2	-
* The referendum was used in deciding on BelarusÕ union with Russia. This issue, however, can not be strictly considered as an environmentally significant decision.

National Law-making

Initiation of law-making happens through the right to legal initiative (there are no known cases when it has been used in practice). Participation at later stages of decision-making processes is possible through referenda, as it happened during the adoption of the 1996 Constitution. No "intermediate" forms of public and, especially, NGO, participation in decision-making are legally specified. At the same time, discussion of selected environmental laws with NGOs does happen and used to be a norm in 1991-1993 when principal environmental laws were adopted. Information on legislation is obligatory published and is accessible to citizens, again, unfortunately, mostly at later stages of legal decisionmaking.

TABLE 4: Preparation and Approval of National Laws and Regulations
	Initiation of DM (problem/ proposal)	Defining the scope, issues and stakeholders (pre-decision scoping)	Defining the scope of DM (impacts and alternatives)	Evaluation of the alternatives	Selection of the alternative (DM about the selected alternative)	Execution of the selected alternative	Post-decision monitoring & enforcement (feedback/ adjustment)
Phases of Decisionmaking LEVELS OF PUBLIC PARTICIPATION
Control of decisionmaking (right to decide)	1	-	-	2	2*	-	-
Decisionmaking power is shared (right to joint decisionmaking)	-	-	-	3**	-	-	-
Comments are seriously taken into account (right to be heard)	-	-	-	3**	-	-	-
Adequate notification (right to be informed)	-	-	-	3**	5	-	-
Access to information (right to access to information)	-	-	-	3**	5	1***	2**
* There was a referendum on Constitution in 1996 which contained environmental clauses, though these clauses were hardly an important issue; There is no legal framework but draft laws are, sometimes, discussed with environmental NGOs; * This was interpreted as citizens' participation in law enforcement.

Regional and Local Rules and Regulations

Belarus is a unitary state where there is no separate provision for regional regulations. Decisions concerning individual facilities, sites and developments are addressed below under "EIA," "siting" and "permitting".

National Policies (Strategies), Programs, Plans

There is no legal definition of a national policy. Referenda on such issues are legally possible, but have not been used in practice. Again, the law provides for the procedure of State (and Public) Environmental Review of policies which can serve as vehicles for public participation. This has not been used in practice. Discussion with NGOs of certain policies does happen. However, unfortunately, these are mostly limited to "environmental" policies, such as NEAP, not covering policies with significant environmental impacts.

TABLE 5: Preparation and Approval of National Strategies and Policies
	Initiation of DM (problem/ proposal)	Defining the scope, issues and stakeholders (pre-decision scoping)	Defining the scope of DM (impacts and alternatives)	Evaluation of the alternatives	Selection of the alternative (DM about the selected alternative)	Execution of the selected alternative	Post-decision monitoring & enforcement (feedback/ adjustment)
Phases of Decisionmaking LEVELS OF PUBLIC PARTICIPATION
Control of decisionmaking (right to decide)	-	-	-	-	1	-	-
Decisionmaking power is shared (right to joint decisionmaking)	-	-	-	-	1*	-	-
Comments are seriously taken into account (right to be heard)	-	-	-	2**	-	-	-
Adequate notification (right to be informed)	-	-	-	2**	2	-	-
Access to information (right to access to information)	-	-	-	2**	3	1**	-
* In principle, through the possibility of participation in State Environmental Review (Ecological Expertise) of policies; ** There is no specific legal framework, but there are practical examples.

Regional Policies, Sector and Territorial Plans, Individual Projects - Objects of EIA (SER/OVOS procedure)

While the concept of a "national policy" is not clearly defined in the legislation, the sector and regional plans as well as other plans and projects are legally subject to State Environmental Review/Public Environmental Review/Assessment of Environmental Impacts (OVOS) procedure regulated by the Law on State Environmental Review (1993). The procedure regulated by this law is reflected in the preceding Table. However, the law and consequent secondary legislation are applied much more consistently, in practice, in case of individual projects.

Citizens can participate in expert commissions of SERs by law, thus, realizing substantial rights to influence the decision at all stages. This provisions has rarely, if at all, been applied in practice.

Public Environmental Review provides more opportunities, but is available only to organized groups of citizens possessing necessary resources and, thus, imposes certain limitations in practice.

SER/OVOS process also suffers from limiting public access to information. There is no provisions requiring to publish any notification, SER resolution or decision; Environmental Impact Statements are not available to the public.

As far as Territorial plans are concerned, there is positive experience of NGOs participating in development of general urban plans, for example, Minsk general plan.

TABLE 6: Preparation and Approval of Regional/Local (Strategies) and Territorial Plans (Spatial/Local Land Use Plans)
	Initiation of DM (problem/ proposal)	Defining the scope, issues and stakeholders (pre-decision scoping)	Defining the scope of DM (impacts and alternatives)	Evaluation of the alternatives	Selection of the alternative (DM about the selected alternative)	Execution of the selected alternative	Post-decision monitoring & enforcement (feedback/ adjustment)
Phases of Decisionmaking LEVELS OF PUBLIC PARTICIPATION
Control of decisionmaking (right to decide)	-	-	-	-	1	-	-
Decisionmaking power is shared (right to joint decisionmaking)	-	-	2*	2*	2*	-	-
Comments are seriously taken into account (right to be heard)	-	-	2*	2*	2*	-	-
Adequate notification (right to be informed)	-	1	-	-	2	-	-
Access to information (right to access to information)	1	1	1	2	2	1	-
* Through participation in State Environmental Reviews

Siting

There is very limited information and practical experience of citizens participating in siting decisions.

TABLE 7: Siting
	Initiation of DM (problem/ proposal)	Defining the scope, issues and stakeholders (pre-decision scoping)	Defining the scope of DM (impacts and alternatives)	Evaluation of the alternatives	Selection of the alternative (DM about the selected alternative)	Execution of the selected alternative	Post-decision monitoring & enforcement (feedback/ adjustment)
Phases of Decisionmaking LEVELS OF PUBLIC PARTICIPATION
Control of decisionmaking (right to decide)	-	-	-	-	1	-	-
Decisionmaking power is shared (right to joint decisionmaking)	-	-	-	-	1	-	-
Comments are seriously taken into account (right to be heard)	-	-	-	-	-	-	-
Adequate notification (right to be informed)	-	-	-	-	1	-	-
Access to information (right to access to information)	-	-	-	1	2	-	-

Permitting

There is a legal possibility (according to Environmental Protection and Sanitary Well-being Laws) for citizens and NGOs to challenge permitting decisions. There is no information on whether this has ever been used in practice.

TABLE 8: Permitting
	Initiation of DM (problem/ proposal)	Defining the scope, issues and stakeholders (pre-decision scoping)	Defining the scope of DM (impacts and alternatives)	Evaluation of the alternatives	Selection of the alternative (DM about the selected alternative)	Execution of the selected alternative	Post-decision monitoring & enforcement (feedback/ adjustment)
Phases of Decisionmaking LEVELS OF PUBLIC PARTICIPATION
Control of decisionmaking (right to decide)	-	-	-	-	-	-	-
Decisionmaking power is shared (right to joint decisionmaking)	-	-	-	-	1	-	-
Comments are seriously taken into account (right to be heard)	-	-	-	-	-	-	-
Adequate notification (right to be informed)	-	-	-	-	-	-	-
Access to information (right to access to information)	-	-	-	-	1	-	-

Environmental Funds

There are no non-budget environmental funds in Belarus since recently.

REC * PUBLICATIONS * DOORS TO DEMOCRACY - NIS * BELARUS