Public participation can be defined as a process which promotes the public understanding of the actions and mechanisms through which problems are investigated and solved by relevant authorities. Public participation in the decision-making process can create confrontation as well as the easier acceptance of the issues. But it is more likely that a population which was given a chance to express their opinion about a certain problem, will have a greater willingness to accept a decision and trust the relevant authorities. The involvement of the general public can reduce the risk of the conflicts among the different parts of the society and well organised public meetings and campaigns can result in the increased support of the authorities. It may happen that the results of an undisclosed decision will outweigh the problems which can be encountered during the pubic involvement in the decision-making.
Theoretically, public participation promotes the finding of a sustainable decision to the problem, but it is still associated with a certain level of risk and cost for the authorities.
Among many others, at present, there are three main reasons for intensive promotion of civil society in Georgia. These are: the need for democratic development of the country, catching up with the reforms taking place in Europe and ensuring harmless to the Georgia’s environment implementation of a number of large scale projects resulting from the increased interest of foreign investors in the geopilitical location of Georgia between East and West.
Georgia is a small country with a population of 5.4 million and a geographic area of 70 000 square kilometers. Georgia suffered from intensive civil conflicts after its independence. The conflicts resulted in a large number of refugees (about 270 000) mostly from Abkhazia to the other parts of Georgia, worsening the economic plight of the country. This fact had a devastation effect on the economy.
At present production and employment are declined. In the second part of 1998 inflation went as far as about 70%, although now the devaluation of Georgia Lari is suspended. The economic situation is quite fragile, and one of the main sources for it is a weak state of public finance. The tax revenues are to be increased and energy shortage continues to affect the economy and social life. Number of registered unemployment grows increasingly, the salary payments are delayed, and government fails to make business environment attractive enough to entice entrepreneurs out of the shadow economy.
In spite of this economic growth of GDP remain reasonably good. While the export is low compared with import. The foreign companies are investing and re-investing in Georgia, several of them committed themselves to significant industrial investments. And there is a certain trend to the improvement of economic situation in the country but it still remains very badly affecting the population in general.
Trans Caucasian Euro-Asian corridor is the main source of economic income as well as for environmental danger for the country. It is often called “Silk Road”. But, the goods that are transported and that will be transported through the territory of Georgia are far from being Chinese silk or Indian spices. Transportation of Caspian oil from Azerbaijan (Baku -Tbilisi-Jeikhan route), planned transportation of gas from Turkmenistan, railway construction (Karsi-Akhalkalaki-Tbilisi), reconstruction of Batumi airport, construction of highway (Baku-Tbilisi-Batumi), planned oil refinery factory (in the vicinity of Gardabali power station) and oil exploration (Dedoplistkaro region), exploration of copper and gold (Bolnisi region), export of Tengiz oil from Kazakhstan through Batumi and its transportation with railway, this is not a complete list of the development that take place in Georgia and that will be carried out in the near future. All of these developments are financed by foreign investors and bring additional emissions, increased risk of the pollution through accidents, damage to the architectural and natural monuments with noise and vibration, etc. Are the existing facilities ready for these changes? Who will ensure the environmental protection during their implementation? Who can guarantee PP in these developments? Are the citizens ready for effective involvement in these processes and expressing their opinion? These are the main problems associated with new economic trend in the country.
It is apparent that many different factors such as legislative framework, economic situation, social conditions, unemployment etc. influence development of PP. But, it should be noted that in the last decade, there can be observed a significant development of PP, NGOs, and civil society in general.
Together with the NGO activities and overall development of civil movement, the government has also being supporting this process via adoption of new laws and joining the international conventions. In the environmental field in mid 90-ties were adopted a number of laws such as General Law of Georgia on Environment, Law on State Ecological Expertise (SEE) and Law on Environmental Permits (EP). Their provisions legally require PP and consultation during the processes like Environmental Impact Assessment (EIA). The basis for the public participation is the right to be heard and the right to express objections. Georgian legislation also considers distribution of accurate and timely information to the public, which is the most important precondition for the effective involvement of the pubic in the issue. All these new legal instruments are a step forward to the democratic development. The right to be heard, the right to receive the information, and the right to live in a healthy environment are provided by the Constitution of Georgia.
Besides this, it is planned to adopt a separate law on PP in decision-making (DM) and on the basis of existing two laws on EP and SEE elaborate a new law on EIA with particular emphasis on PP.
The legal framework for development of NGOs in Georgia is rather favorable. The NGOs have the right to act free from government interference. And it is a rather simple procedure for NGO having at least 5 members to obtain a legal personality. The tax system is agreeable for them as well. NGOs are free from taxes, except some minor payment for social welfare.
One of the most important achievements in promotion of civil society and PP in environmental DM in Georgia is Aarhus’98 convention. Popularization of this convention is major priority of project on Promotion of Civil Society via PP in Georgian Reforms. This Convention was signed in Danish city of Aarhus in June 1998 by 36 countries and Georgia among them. The Aarhus Conference is the fourth ministerial conference of the Environment for Europe process. This process is focused on common development of environmental protection and economy in the central and Eastern Europe. It seeks for finding ways for overall integration of the European countries in environmental field and sustainable development. The Aarhus Convention has three main pillars: access to information, public participation in environmental DM, and access to justices. International NGO movement - Environmental Citizen Organization took an active part in creation of the convention. And they regard the convention as an important instrument for the future activities.
Unfortunately, the convention has not been ratified in Georgia yet. It is still unclear is it due to the financial difficulties or unwillingness of the relevant authorities to be bound with such a powerful international framework. But, still the ratification of the convention is to take place and the relevant structural changes are to be made in the institutions related to the Ministry of Environment of Georgia.
It is necessary to increase the role of the Court in the regulation of the disputes. In the USSR the role of the Court was almost disregarded. As a rule citizens would rather go to appeal to the local or central government or other administrative institutions than to the Court. The reason for this due the nature of the appealing procedure, as well as the doubts about the effectiveness of the Court. There are three different codes in Georgia, regarding responsibilities for the violation of laws; these are civil, administrative and criminal codes. The greater part of the violation of environmental laws are covered by administrative or criminal codes. Although civil code gives the right to appeal to the Court, the complicated structure of the procedures usually prevent the citizens from doing it. The public organizations and citizens should first appeal to the public prosecutor in the written form, who is authorized to determine if the case should be passed to the Court. At present it is necessary to provide acceptance of the Court as a body which is assisting in solving the problem. This can be achieved not only through alteration of the appealing procedures but also with the development of cultural traditions for it.
Important changes are planned to increase the effectiveness of the Court and reduce the corruption and bureaucracy in Georgia by 2002. The existing structure of Supreme, City-Tbilisi, and Tbilisi district Courts are to be replaced by Supreme, Tbilisi district Courts and Appellation Controlling Supervision Court of East and West Georgia. Practically this will decentralize the Court, and focus each of the above bodies on a certain region, so that the local issues would be solved by the local Court.
Another important change that will take place in Georgia, is re-examination of the attorneys according to the European and worldwide standards. As it is planned to get rid of incompetent and so called “past oriented” lawyers.
The legislative framework for PP in Georgia is more or less sufficient. And it is expected that it will be refined in the near future. But, there are other but legal constraints for development of PP in the country. These are the lack of democracy and the lack of public willingness to co-operate with the decision-makers and contribute to solving problems.
Still, there were remarkable case of effective PP in Georgia; such as ceasing of the construction of several dam hydro power stations on the river Enguri in 1987, prevention of imported waste recycling factory construction planned by the existing Cabinet of Ministry in 1994, halting of the illegal importing and landfilling of hazardous wastes in Georgia; and cessation of military testing in Davit Gareji monastery complex in 1997. Recently, in April 1999 there was a huge oil spill of 421 tons resulted from transportation of Tengiz oil from Kazakhstan to Batumi, the Back Sea port of Georgia. At present, about six Georgian NGOs are controlling the measures for eradication of the oil spill.
We could bring also an example of the Wester Route Export Pipeline project (1996) which is the first project in Georgia that was developed in accordance with the laws on EPs and on the SEE. Although the public were informed about the proposed project through the television and newspapers and two public meetings were held, the number of people was quite small taking into account the scale of the development and its possible results.
In general, the Ministry of Environment of Georgia regularly conducts meetings with NGOs and the general public to discuss environmental problems, but the number of the people is usually not high and is usually confined to same representatives of the interested parties or journalists.
Within the scope of project “Promotion Civil Society via Public Participation in Georgian Reforms” supported by a grant received from Open Society Institute, a survey on PP in environmental decision-making in Georgia was carried out.
The survey started on January, 1999 and finished in April, 1999. The aim of the survey was to assess the present status and major achievements in public/environmental NGO participation in environmental decision-making process in Georgia during the last few years; to identify the changes that can be foreseen or expected in the new future; to assess how the officials meet the needs of the public in this area; to elaborate the recommendations for improvement citizen’s involvement in decision-making process.
The questionnaire was filled in by 178 respondents in total; out of them 52 individuals were environmental NGO members; and the rest were the citizen not associated with environmental NGOs.
It turned out that the majority of respondents – more than 90% of NGO members and about 55% of the individuals not related to environmental NGO activities, are well aware of their Constitutional right for healthy environment.
Slightly low number of respondents know their right to obtain environmental information.
As for the right to participate in Environmental Impact Assessment, more than half of the total number of respondents, reply “I do not know”. Almost 67 % of citizens not related to NGO activities, do not have any information about EIA, about 21% did not know that public has the right to participate in EIA and only some 12% gave the correct answer.
It should be mentioned that the EIA system is a relatively new measure for environmental protection in Georgia. Its legislation has short history, as the laws the laws Environmental Permits and State Ecological Expertise requiring EIA were passed in Georgia in 1996. EIA is one of the most important instruments for environmental protection. Its objective implementation largely depends on the level of public participation. The low number of individuals aquatinted with EIA system can be explained with a short history of EIA in Georgia. On the other hand the these figures show the necessity of increasing public awareness on EIA. Only about 3% ( 2 persons) of the NGO member and none of the rest of respondents have ever participated in EIA. The both respondents having practiced EIA, participated in Western Route Export Pipeline project. Thus, no wonder that the greater majority of respondents do not know their right to carry out an independent EIA.
About 80% of environmental NGO members and only approx. 35% of other respondents, know that there are mechanisms through which public can complain against violation their right with respect to the environment. Some 15% of the questioned individuals have ever complained against incorrect or directly affecting them decision of the authorities, although very few of them bring the examples.
The great majority of respondents, almost 100% of environmental NGO members and 96% of others, consider that public is not properly informed during the environmental decision-making process. Together with this 85% of NGO members and 52% of the other citizens regard low level of transparency of DM as the main barrier for public involvement in environmental protection. All NGO members and about 90% of other citizens think that the increase of PP is quite apparent in Georgia during last few years. About half of all respondents know several examples of effective public participation in Georgia. The majority of NGO members named the case with military proving ground located in the ecologically sensitive and historically important part of Georgia – David Gareji Monastery complex and its adjacent areas. The others mainly remember more small-scale issues, with local importance such as waste management.
Almost 100% of the respondents confirmed that public participation is a necessary element of environmental decision-making process. But, only some 24% believe that their opinion can be seriously taken into account by the authorities at present.
One of the aims of the questionnaire was assessment of public awareness about the Environment for Europe process, and especially Aarhus’98 Convention on public participation in environmental decision-making, access to information, access to justices. About 67% of environmental NGO members and 10% of the other citizens have heard about Aarhus convention, and it should be noted that these figures are much higher than expected. The number of citizens aquatinted with the Environment for Europe process in general is slightly lower, although they are higher than expected as well.
The major purpose of the survey was identification of the main factor affecting PP in environmental protection. Low level of transparency in DM is regarded by the majority of citizens as the primary problem for public involvement. Information about the tools for PP was named as the second priority by the NGO members, while other citizens consider that increasing of public awareness in environmental problems would be more effective.
About 60% of the respondents consider that obtaining of environmental information is related with difficulties. Approximately 95% of NGO members have other sources for environmental information such as other NGOs, personal contacts, personal experience, Internet, than Ministry of Environment and Natural Resources of Georgia and related to it institutions. It turned out that only for about 12% of other citizens the Ministry of Environment represents the main source for environmental information.
There are several NGO electronic networks in Georgia facilitating exchange of informtaion on upcoming events, publishing a monthly newsletter on Georgian NGO activities, and coordinating networking meetings amongst NGOs, such as International Telecommunications and Information Center (ITIC), Horizonti (former ISAR-Georgia), Public Interest Protection League (PIPL) and Caucasus Environmental NGO Network (CENN). These networks are the main source of information for majority of NGOs.
Sufficient involvement of the citizen’s in the decision-making is based on the information available to the public. Unfortunately, there are very few correspondent specialized in environmental journalism. It should be admitted that media is the most democratic element in Georgia. But Georgian journalism needs some specialized training to grow up from cheap journalistic bombs to more accurate information. It will be useful to develop a program for media training in different field such as environment, human rights, economy, politics etc.
The country does not have funds for a general census of the population, and the social research centers are unable to carry out their activities at the sufficient level.
Only very few NGOs specialized in environmental field have good financing from international organization. The local donors are mainly concentrated on small grants, which evidently suspend effective development of NGOs. And there is a need for obtaining sustainability.
Almost all Georgian NGOs survive with the grants received from different international foundations. This does not refer to the very few NGOs such as independent radio station Green Wave, NGOs relation to agriculture and farming, and others having some other source of financing. The majority of NGOs is not self-sustainable and it seems reasonable to develop a program on “how to get self-sustainable” for Georgian NGO.
With regard to the undertaken survey, it should be noted that Tacis Raising Environmental awareness Program (TEAP) Kiev office designed a questionnaire in order to conduct a NIS wide NGO survey with regard to Aarhus process. After the questionnaires are received, processed and analyzed TEAP plans to publish a special guide to Kiev 2002, which can well be a useful tool-kit for better performance of NGO at Kiev Conference.
It is expected that the requested results of the survey will be obtained in the near future and will give the possibility to compare the data and receive additional information.
But, before that, below is the short list of the recommendation worked out during the project-running period:
The establishment of environmental NGO participation data bank gives an opportunity to carry out systematic PP progress monitoring activities and makes the project viable. The recommendations elaborated after the project implementation will be presented to the environmental authorities and it is likely that they will be used for finding ways for better co-operation between these sectors.