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VOLUME 06 ISSUE11
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PUBLISHED DATE: - 08-11-2024
DOI: -
https://doi.org/10.37547/tajpslc/Volume06Issue11-05
PAGE NO.: - 27-34
ENHANCING ENVIRONMENTAL
TRANSPARENCY IN UZBEKISTAN: LEGAL
PERSPECTIVES FROM THE AARHUS
CONVENTION FRAMEWORK
Bobir Turdiev
PhD researcher at the Law Enforcement Academy, Tashkent, Uzbekistan
ORCID: https://orcid.org/0009-0004-4253-2985
INTRODUCTION
The state of the environment continues to
deteriorate globally as the impacts of global
warming and climate change grow increasingly
severe. This issue is particularly pressing in
developing countries that prioritize economic
development
over
sustainable
practices.
Uzbekistan, a Central Asian country with a rapidly
evolving economy, is currently facing significant
environmental challenges. These challenges are
compounded by the legacy of Soviet-era
governance and non-transparent practices, along
with the effects of rapid, unbalanced economic
growth and climate change.
In addition to environmental degradation,
Uzbekistan struggles with weak rule of law and a
lack of transparency in governance, which further
impedes environmental rule of law and justice.
Acco
rding to the World Justice Project’s Rule of
Law Index, Uzbekistan scored 0.50, ranking 78 out
of 142 countries. The country received particularly
low scores in areas such as open government, right
to information, and regulatory enforcement. These
RESEARCH ARTICLE
Open Access
Abstract
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scores reflect significant transparency issues in
environmental governance and a weak civil society
that could otherwise advocate for a stronger rule of
law. Consequently, a lack of transparency
contributes to unaccountable and environmentally
harmful practices and decisions.
Central Asia, and particularly Uzbekistan, urgently
needs effective legal strategies to combat climate
change and environmental degradation. Despite
the
increasing
urgency,
Uzbekistan’s
environmental governance framework remains
inadequate, particularly in transparency, public
participation, and access to justice. The country has
been slow to adopt international frameworks that
promote improved environmental governance,
such as the Aarhus Convention, which ensures
citizens' procedural environmental rights. These
shortcomings hinder the enforcement of
environmental laws, generate public discontent,
and undermine trust in environmental governance
and protection.
This study aims to explore the potential role of the
Aarhus Convention in enhancing environmental
governance in Uzbekistan, with a focus on
improving transparency. By examining the
alignment of Uzbekistan’s legal framework with
the Convention, this research seeks to identify the
obstacles and opportunities for implementing the
Aarhus Convention in Uzbekistan. The study draws
insights from Kazakhstan's successful integration
of the Aarhus Convention, using it as a reference.
Kazakhstan has made significant progress in
enforcing and aligning its environmental
legislation with the Convention's requirements.
The study highlights both the potential benefits
and challenges of implementing similar reforms in
Uzbekistan.
The significance of this study lies in its timely
analysis of how the Aarhus Convention could act as
a catalyst for strengthening environmental
governance as Uzbekistan continues to modernize
and integrate into the global economy. Effective
adoption of the Convention could address critical
gaps in Uzbekistan’s environmental governance
framework,
improving
public
access
to
environmental information, enhancing public
participation in decision-making, and ensuring
access to justice for citizens whose environmental
rights are at risk.
The study is particularly valuable for policymakers,
providing actionable recommendations to align
national legislation with international standards.
By identifying key challenges and barriers, it aims
to strengthen environmental governance in
Uzbekistan through the adoption and effective
implementation of the Aarhus Convention.
Enhancing governance in this way could lead to
improved environmental outcomes, positively
affecting public health and overall well-being.
Additionally, the research contributes to the
broader discourse on environmental governance
and human rights in Central Asia, emphasizing the
critical role of international conventions in
advancing environmental democracy and justice in
transitional economies.
This article seeks to address several key research
questions related to enhancing environmental
transparency and governance in Uzbekistan. First,
it examines the main shortcomings of Uzbekistan’s
current environmental governance framework.
Second, it explores how Uzbekistan’s national
legislation compares with the provisions of the
Aarhus Convention, identifying any existing gaps.
The study al
so derives lessons from Kazakhstan’s
experience with the Aarhus Convention, assessing
how these insights can be applied to Uzbekistan’s
context. It investigates the primary challenges and
barriers that hinder Uzbekistan from acceding to
and implementing the Aarhus Convention
effectively. Finally, the research seeks to determine
the specific legal and policy reforms necessary to
align Uzbekistan’s environmental governance
framework with the Aarhus Convention and how
these reforms can be implemented to ensure
sustainable and democratic environmental
governance.
II. The Aarhus Convention
The Aarhus Convention, an international treaty
adopted in 1998 and effective since 2001,
underscores procedural environmental rights by
ensuring
access
to
information,
public
participation in decision-making, and access to
justice in environmental matters. Ratified by 47
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countries across Europe and Central Asia, it has
become
a
cornerstone
for
promoting
environmental democracy. However, Uzbekistan
remains the only Central Asian country yet to
accede to the Convention, despite ongoing
discussions about its potential benefits. The
absence of this framework in Uzbekistan raises
important questions regarding the country’s ability
to address environmental challenges sustainably
and effectively.
The Convention lays a strong foundation for
environmental democracy through its three pillars:
access to environmental information, public
participation, and access to justice. Unlike treaties
that enforce specific environmental standards, it
promotes
procedural
rights
rather
than
substantive environmental requirements, offering
a rights-based framework that encourages
sustainable environmental practices. While the
Convention sets a minimum threshold for each
pillar, it also encourages signatories to adopt
broader measures (Article 3), enabling them to
enhance transparency and accountability further.
Despite expressing aspirations to join the
Convention since 1999, with renewed pledges in
recent years, Uzbekistan has yet to become a party
to the Convention. Russia, another non-signatory,
views the Convention as a potential threat to
national security. Uzbekistan has approached
accession cautiously, carefully weighing the
potential impact on government accountability and
possible legal or external consequences. The
reluctance stems partly from concerns about
increased accountability, which may expose
decision-making processes to more public scrutiny
and open potential channels for external
intervention.
The Convention’s procedural
approach, however, has proven beneficial in other
contexts, as it requires public transparency and
accountability in decision-making, which, in turn,
supports public trust and a more citizen-oriented
governance structure.
The Aarhus Convention’s disclosure framework i
s
instrumental
in
fostering
governmental
accountability by promoting transparency in
public decisions. By making information
accessible, the framework not only strengthens
decision-making but also reduces unnecessary
litigation by allowing all parties to evaluate the
strength of arguments and relevant facts openly.
This transparency has a dual effect: it enhances the
legitimacy of decisions and helps avoid judicial
conflicts, contributing to a smoother, more reliable
environmental governance process.
III. Consistency of National Legislation with the
Aarhus Convention
The approach to implementing the Aarhus
Convention varies significantly between Europe
and the post-Soviet republics. European countries
generally harmonize their domestic laws before
ratification, while post-Soviet nations tend to
adjust their legislation following accession. This
study contributes to the literature as one of the first
attempts to assess Uzbekistan's legislative
alignment with the Aarhus Convention’s provisions
prior to accession.
The new Constitution of Uzbekistan, adopted in
2023, commits to preserving a healthy
environment. The primary environmental law, the
Law on Protection of Environment, guarantees the
right to a healthy environment, establishes
principles of transparency and accountability in
environmental
protection,
and
imposes
accountability for legal breaches. However, this
law remains somewhat outdated and has not yet
been revised, while adoption of a new
environmental code has been delayed. The law
does recognize the supremacy of international
treaties over national legislation, except where
national standards are stricter. However,
international treaties are not directly applicable in
Uzbekistan, necessitating new legislation and
amendments for effective implementation.
Access to Information
The Aarhus Convention requires public access to
environmental information to support activism
and
oversight.
Uzbekistan’s
Constitution
guarantees the right to a favorable environment
and reliable information on its condition.
Government agencies are mandated to provide
timely, free data essential for environmental
security of people and locality. However, disclosed
information in Central Asia is often highly
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aggregated and fragmented, limiting public use.
Effective data disclosure thus requires information
to be accessible in a practical format.
Uzbek
legislation
mandates
transparency,
accuracy,
and
accountability,
yet
these
requirements
lack
specificity
regarding
environmental data. As of March 2024, only 1.7%
of dat
asets on Uzbekistan’s Open Data Portal relate
to ecology, with many outdated or irrelevant to
direct environmental concerns. Similarly, the
national environmental agency’s webpage has
around 32 sets of open data available. Not
publishing, partial or late publication, providing
incorrect data is subject to administrative liability.
Besides, there is separate administrative liability
for breach of transparency provisions regarding
government budget process transparency and for
non-disclosure of vacant job openings. However,
most transparency requirements are related to
anti-corruption efforts rather than environmental
disclosure.
The Aarhus Convention mandates that refusals to
disclose information must be interpreted
restrictively and prohibits confidentiality-based
refusals for emissions data (Article 4). The Law on
Nature Protection guarantees the right to request
and obtain information about state of environment
and protection measures to enjoy a healthy
environment for well-being of current and future
generations. It requires that monitoring data from
government agencies or polluting entities be
transferred
to
environmental
authorities;
however, it does not explicitly require public
disclosure
of
this
data.
Kazakhstan’s
Environmental Code takes a stronger stance,
prohibiting the classification of environmental
information as confidential. Similarly, Uzbekistan’s
Law on the Principles and Guarantees of Freedom
of Information upholds the principles of openness
and transparency, specifying that legislative
documents related to citizens' rights and freedoms,
along with information on environmental,
meteorological, sanitary-epidemiological, and
emergency situations critical to public safety,
cannot be classified as confidential.
Additionally,
the
Convention
requires
dissemination of information when there is
imminent threat to human health or environment
to take measures to prevent or mitigate harm
(Article 5). Uzbek law requires public notification
in cases of disaster or severe pollution, with
criminal penalties for misinformation that results
in death. However, in cases without severe
outcomes, there is no administrative or criminal
liability.
For
effective
public
protection,
administrative penalties should be introduced for
non-disclosure of imminent environmental threats,
as seen in Kazakhstan’s legislation, which enforces
penalties for non-disclosure, late disclosure,
incomplete or misinformation regarding
environmental threats. Besides, Kazakhstan
sanctions illegal denying access to information or
providing false information, classifying open data
as restricted data and illegal classification of data
as confidential. Moreover, Kazakh Penal Code
stipulates criminal liability for illegal restriction for
access to information, hiding or misinforming
about facts that threaten life, health and
environment by persons who are in charge of
disseminating such information.
The Aarhus Convention also requires regular
national environmental reporting (Article 5).
Kazakh legislation requires publication of annual
environmental reports,
while Uzbekistan’s
publications have been inconsistent, with gaps of
up to 10 years between reports (2013, 2023), while
earlier it was published with 3-5-year intervals
(1990, 1995, 1998, 2002, 2005, 2008).
Although Uzbekistan provides some legal
guarantees for public access to environmental
information,
it
often
remains
outdated,
fragmented,
and
inconsistently
reported.
Strengthening disclosure standards and improving
the quality, accessibility, and frequency of
environmental data could bring Uzbekistan closer
to Aarhus Convention standards.
Enforcement Challenges
For the Aarhus Convention to serve as a blueprint
for environmental democracy and justice, it
requires effective enforcement. Without proper
implementation, its goals risk becoming mere
aspirations without practical impact. Developing
countries with hierarchical governance face
challenges, including limited political will,
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resistance from governance structures, and limited
public awareness. In post-Soviet states, achieving
environmental accountability involves overcoming
traditional governance models that may resist
democratic reforms.
Public awareness and government engagement
with environmental issues are also low, often seen
as secondary to economic and social concerns.
Therefore, fostering environmental activism and
awareness at the community level is essential.
Additionally,
manipulating
environmental
information to create a facade of environmental
democracy is a risk, underscoring the need for
safeguards.
Access
to
environmental
information
is
fundamental for public oversight, allowing citizens
to hold government and corporations accountable.
However, public access is often restricted, limiting
the public’s ability to monitor environmental
practices effectively. National legislation, corporate
regulatory documents and practices frequently
limit disclosure, companies often classifying
environmental data, such as emissions and waste
management practices. This conflict between
corporate non-
disclosure and the public’
s right to
know creates a transparency gap, especially
regarding non-governmental activities. Increasing
transparency in the corporate and private sectors,
while balancing legitimate business interests, is
crucial
for
fostering
accountability
and
empowering communities to make informed
decisions on environmental issues.
IV. Policy Recommendations
Uzbekistan’s
environmental
governance
framework requires substantial reform to address
existing gaps effectively. Key recommendations
include adopting and implementing the Aarhus
Convention to enhance transparency, improve
public access to environmental information, and
foster greater public participation. These measures
will strengthen environmental governance and
promote sustainable practices, paving the way for
a more resilient and accountable future.
Accession to the Aarhus Convention
Uzbekistan should prioritize joining the Aarhus
Convention as an initial measure toward aligning
national legislation with international standards in
environmental governance. This alignment would
establish a robust framework for improving
transparency and public involvement. While
Uzbekistan’s current legislation shows partial
alignment with the Aarhus Convention’s principles,
further amendments are needed to achieve full
compliance. These amendments should focus on
creating effective enforcement mechanisms and
fostering a culture of openness in environmental
governance.
Enhancing Transparency and Information
Access
The government should enhance transparency and
improve information access by developing digital
platforms and centralized databases. A publicly
accessible database with real-time environmental
data, such as air and water quality, pollution levels,
industrial emissions, project impacts, and
regulatory actions, is essential. This database
should be regularly updated, user-friendly, and
easy to navigate. Additionally, the government
should adopt immediate notification systems for
environmental emergencies or pollution incidents,
potentially modeled on amber alert systems.
Publishing annual, comprehensive reports on the
state of the environment would also contribute to
greater transparency, providing detailed insights
into environmental trends, challenges, and
governmental responses.
Enhancing
Environmental
Awareness
and
Education
To elevate environmental awareness and foster
public engagement, tailored programs should be
developed
to
promote
environmental
consciousness across industries and sectors, with
age-specific approaches for effective outreach.
Community workshops on sustainable practices
and digital awareness campaigns can significantly
amplify these efforts. Cultivating climate-
responsive and accountable behavior in
individuals’ work and lifestyles is essential to
creating lasting change. Collaboration with NGOs,
the private sector, academia, and environmental
activists can strengthen educational programs and
awareness initiatives, promoting sustainable
practices at all levels. Additionally, initiatives that
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highlight the importance of environmental
responsibility can inspire collective action toward
a more sustainable future.
By
implementing
these
recommendations,
Uzbekistan can advance toward a more sustainable
and participatory model of environmental
governance. These measures will address pressing
environmental challenges, build public trust in
government actions, and support long-term
sustainable development. Prioritizing these
reforms will not only close gaps in Uzbekistan’s
environmental framework but also establish a
foundation for transparency, inclusivity, and equity
in environmental governance, contributing to the
sustainable future.
CONCLUSION
This article has examined the potential of the
Aarhus Convention to strengthen environmental
governance in Uzbekistan, identifying key areas
where the current legal framework aligns with, and
diverges from, the Convention’s principles. Despite
some progress, Uzbekistan’s environmental
governance still falls short in areas such as
transparency, hindering the effective enforcement
of environmental laws and limiting meaningful
public participation in environmental decision-
making.
Insights
from
Kazakhstan’s
experience
demonstrate the benefits of aligning national
legislation
with
the
Aarhus
Convention.
Kazakhstan’s progress shows that adopting the
Convention can improve transparency, encourage
public involvement, and enhance governmental
accountability.
Based on these findings, the study proposes
recommendations to strengthen environmental
governance in Uzbekistan, including the
enhancement of transparency, the bolstering of the
legal framework, and the integration of
environmental
governance
into
national
development plans. As a critical first step,
Uzbekistan should adopt and implement the
Aarhus Convention, which will require strong
political commitment to democratic environmental
governance.
Looking forward, Uzbekistan’s accession to the
Aarhus
Convention could
drive
broader
environmental reforms across Central Asia, given
the country’s influential position within the region.
By following Kazakhstan’s example, Uzbekistan
could boost regional efforts toward effective
environmental governance, thereby enhancing
environmental rule of law and justice, fostering
greater stability, improving environmental
protection,
and
supporting
sustainable
development.
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