Newsletter
Newsletter |
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SCHOOL OF SURVIVAL
(protection of citizens’ right to healthy environment)
D. Zajnutdinova.
Director of Armon Center, Uzbekistan
While some insist that the legal basis for environmental protection in Uzbekistan is sufficiently developed, in practice the public cannot adequately defend its environmental rights. Citizens are not aware of their right to public participation in environmental decision-making. Several factors cause this situation, in particular the following:
- a lack of a developed legal framework for access to justice on environmental matters;
- a lack of access to information on air, water and soil pollution;
- shortcomings in environmental legislation in the sphere of control of nuclear and toxic waste treatment and storage;
- limited access to justice for regular citizens,
- persisting stereotype of negative thinking of citizens that the Rule of Law doesn’t expand on those who have the power;
- little amount of suits by regular citizens and NGOs to protect their environmental rights.
With the goal of increasing citizens’ access to justice, the Armon Center has established an operative legal assistance center for low income citizens, which activities include on-site trips to environmentally polluted areas, preparation of necessary documents, and presenting citizens’ rights in courts.
The first important environmental case done by Armon Center was in the settlement Burchmula, in the Tashkent region. This small village is located in the foothills of the Tien Shan Mountains, near the Charkvar water reservoir.
The residents of this settlement complained on bad environmental conditions that had become apparent in recent years. Burchmula has always been a resort for residents of Tashkent city in the summer. The residents of the Burchmula settlement believed that the construction of the Charkvar Dam was causing this pollution.
Center Armon conducted independent environmental monitoring. The results showed that the reason for the harmful environmental situation was a damaged sarcophagus containing bismuth-arsenic disposals. The sarcophagus was installed 20 years ago, during Soviet times. One sarcophagus, located on the slope of the mountain, opened under influence of weather conditions such as rain, heat and erosion. The bismuth-arsenic disposals were spread by wind and rain, reaching the Burchmula village and the water reservoir. Bismuth and arsenic are considered two of the most hazardous carcinogenic elements, which get into the cell of the organism, react with DNA, and cause chromosome changes.
The dam is filled with water for a relatively short period of time during the year - from June till September. The rest of the year, the soil in the valley dries and is spread around by wind, causing smog containing sand, soil and bismuth-arsenic disposals. Breathing problems and diseases among the population increased. Especially disturbing was the growth in the quantity of skin diseases.
The Armon Center developed strategy and tactics for improvement of the environmental situation in the region and protection of citizens’ environmental rights. Seminars were organized for several villages on protection of environmental rights. The participants were supplied with materials in plain language that explained the possible impact of environmental pollution on their health.
In order to diminish the negative impact of the pollution, it was suggested to spread safflower on an area of 330 hectares to contain the sand and dust and prevent wind erosion in the valley. This unique plant is well adapted to the local conditions. Dense rootage of this plant keeps the soil from erosion, and the main advantage of this plant is that it can equally grow in water and dry soil. This feature is important as the level of water in Charvak dam constantly changes.
On the Armon Center’s initiative two environmental NGOs - “Haet” and “Izida” - were created in the region. Their goal was not only to raise environmental rights awareness of the local population, but to implement protection environmental rights in practice. Seminars for governmental officials were also held.
Changes caused by introduction of public society helped us to undertake several steps toward reduction of pollution level in settlement Burchmula. Local authorities gave permission to plant safflower. “Haet” had planted nearly 7,5 ha of safflower under the auspices of Armon center. A number of seminars for representatives of State Environmental Committee of Republic Uzbekistan were held. The right of citizens to compensation for environment damage was lobbied there.
In cooperation with ABA/CEELI, Armon organized a seminar in the settlement Burchmula. Sixty representatives from NGOs, international organizations ( such as USAID, Les Doctors sans Frontieres), US Embassy, representatives of the State Environmental Committee, Ministry of Health, Ministry of Internal Affairs, Committee for the State Border Protection and the Mass Media were present. The seminar resulted in creation of a Work Group and development of the action plan aimed at decreasing of level of soil pollution, a wide media campaign informing the population of the reason for their health problems, and initiating the resettlement of the sarcophagus.
These are the results of our activities. The ice broke up.