KAZAKHSTAN SETS UP AN ELECTRONIC DATABASE OF POLLUTION

UNCLAS SECTION 01 OF 03 ASTANA 002233 SENSITIVE SIPDIS STATE FOR SCA/CEN, OES/PCI E.O. 12958: N/A TAGS: PGOV ECON SENV KDEM OSCE UN KZ SUBJECT: KAZAKHSTAN SETS UP AN ELECTRONIC DATABASE OF POLLUTION EMISSIONS IN ACCORDANCE WITH AARHUS CONVENTION REF: ASTANA 1776 ASTANA 00002233 001.3 OF 003 ¶1. (U) Sensitive but unclassified. Not for public Internet. ¶2. (SBU) SUMMARY: The Ministry of Environment recently hosted a round table on setting up an electronic register of emissions and pollution transmissions (PRTRs) with the participation of several environmental NGOs and the Organization for Security and Cooperation in Europe (OSCE). Under the Aarhus Convention, which grants the public rights to access environmental information, each party must set up a pollution register. Industry is also required to report its emissions. A Kazakhstani NGO published a booklet on PRTRs that can help inform the public of their rights. Current Kazakhstani law only permits the registration of 86 substances as pollutants. AES Thermal Plant in Ust-Kamenogorsk also supported establishment of a register because it believes open access to information leads to a better partnership among business, government, and society. Unfortunately, the government has inventoried only 20% of all chemical storage sites in the country, and they are aging, deteriorating, and polluting the surrounding land and ground-water supply. END SUMMARY. KAZAKHSTAN ESTABLISHES A POLLUTION EMISSIONS REGISTER ¶3. (U) The Ministry of Environment recently hosted a round table, "Strengthening Social Participation in the Aarhus Process, Setting Up an Electronic Register of Emissions and Pollution Transmissions," with the participation of several environmental NGOs and the Organization for Security and Cooperation in Europe (OSCE). Ministry of Environment Legal Affairs Director Diana Mukanova opened the round table, saying Kazakhstan must establish an electronic pollution "register" in order to meet its obligations under the Aarhus Convention, to which it is a signatory. (NOTE: The United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters -- usually known as the Aarhus Convention -- grants the public rights to access to information on matters concerning the local, national, and trans-boundary environment. The Kiev Protocol on Pollutant Release and Transfer Registers (PRTRs) obligates parties to set up pollution inventories from industrial sites and other sources, such as agriculture and transport. The Protocol also requires private enterprises to report annually on their releases and transfers of pollutants, with "transfer" meaning "outside the industrial facility," including by wind or water. END NOTE.) AARHUS CENTER WILL HOUSE THE REGISTER ¶4. (U) According to Aarhus Center Director Zhulgyz Murzabekeva, the Aarhus Center, whose primary function is to gather and distribute environmental information, will manage the emissions register. Open in Atyrau since September 21, the Center now has more than 800 "normative" documents and considerable ecological information in its online database. Murzabekeva said the Aarhus Convention strives to support the right to access to information on the environment and any potential harm that may arise from pollution. She asserted the Center works closely with all government bodies. REGISTER WILL ENHANCE PUBLIC ACCESS TO INFORMATION ¶5. (SBU) European Commission Environmental Bureau Coordinator and Eco-Forum NGO Representative Mara Silina commented on the importance of providing information not only to the government but to all the people and NGOs. She said the register aims to "enhance public access to information," as well as encourage public participation in environmental decision-making. Currently, 86 pollutants can be included in the register (determined by Annex II),including greenhouse gases, acid rain, ozone-depleting substances, heavy metals, pesticides, and various industrial chemicals. The Convention also requires owners and/or operators of polluting factories and plants to report their emissions starting in 2010. The first meeting of the 21 ratifying parties to the Convention will ASTANA 00002233 002.3 OF 003 take place on April 20-22, 2010 (location to be determined). Silina underlined the major challenge of increasing signatories' ratification of the Convention, particularly among the Caucasus and Central Asian countries, which would strengthen the level of international cooperation. ¶6. (U) Eco-Forum has produced a 43-page booklet on PRTRs -- "Your Right to Information on Sources of Pollution," with some of the sections including "Information on Pollution and Ecological Democracy," "Life Cycle of Industrial Chemical Substances," "Actual PRTR Example: U.S. Toxic Emissions Register," and detailed aspects of the PRTR Protocol. Salina said the Aarhus Center can distribute these booklets to the general population in order to help them better understand their rights under the Convention and ways to use these rights and information to better protect the environment. She said Georgia, Moldova, Russia, Ukraine, and Kazakhstan are currently implementing European-funded projects on PRTRs. CURRENT LAW NEEDS TO BE IMPROVED AND UPDATED ¶7. (SBU) Ust-Kamenogorsk NGO "Green Women" representative Lidia Astanina said that some legislative weaknesses remain in the organization of a data register. She additionally highlighted needed improvements and updates to the legal code in order to broaden and clarify the term "pollution" and potential enforcement responses. Currently, the law only lists 86 substances for potential registration. AES THERMAL PLANT ALSO SUPPORTS THE EMISSIONS REGISTER ¶8. (SBU) Applied Energy Services (AES)-owned and operated Ust-Kamenogorsk Thermal Power Plant representative Vadim Litvinov underlined his company's efforts to have an open and constructive dialogue with all social partners. He asserted that this approach ensures AES a much more positive relationship with the government. (NOTE: Applied Energy Services (AES),a U.S. company, is one of the world's leading power companies, employing more than 30,000, and generating and distributing electric power in 26 countries. END NOTE.) ¶9. (SBU) Litvinov cited a recent poll in which a majority surveyed agreed on the need for access to information on emissions. However, 70% of the population does not trust industry-provided information, particularly with respect to their emissions. He said these results imply a larger problem for industry with respect to public relations and social trust. ¶10. (SBU) According to Litvinov, AES prepares and submits a quarterly emissions report to the state tax bureau because of the tax on emissions. He claimed the establishment of a PRTR register fully aligns with AES's environmental policy, because such open access to information corresponds to the promotion of a better partnership with the government and society. ONLY 20% OF STORAGE SITES INVENTORIED ¶11. (SBU) Center for Chemical Safety "Ecomir" (Ecoworld) representative Amina Beibitova said Kazakhstan has inventoried only 20% of all the chemical storage sites in the country. These locations are aging, deteriorating, and polluting the surrounding land and ground-water supply. In addition, numerous landfills with transformers, condensers, various electrical appliances, paints, and plastics exist. Local residents can help overcome the difficulties of monitoring these sites by reporting on them to the Aarhus Center. She asserted laboratories can acquire specialized equipment, such as chromatic spectrometers and "Clor-N-Soil" (brand name) potentiometers, which can test the soil for chloride content. Such surveillance can improve the work necessary to prevent dump sites from becoming a source of dangerous pollution. ¶12. (SBU) COMMENT: The Aarhus Convention combines environmental protection with individual rights. As such, it clearly intersects ASTANA 00002233 003.3 OF 003 environmental security and grass-roots democracy and activism. While the local level may face difficulties in securing access to information on pollution, some NGOs (see reftel) have demonstrated the commitment of higher courts and the central government to guaranteeing access to sensitive pollution information. This seemingly "small" event of setting up emission registers in Kazakhstan demonstrates progress toward greater empowerment of Kazakhstan's citizenry. It also shows the Kazakhstani government's determination to carry out its commitment to environmentally-sustainable development. Like in numerous other areas, the Kazakhstani government is cooperating closely with NGOs, which are playing an active role, in order to improve the lives of its citizens. END COMMENT. HOAGLAND