Case status: Findings adopted on 19.06.2017 – Non-compliance found.
Follow-up: On-going; see Decision VII/8k, Decision VI/8g.
Topics: Definitions; Public participation.
Articles alleged: 6 (2), 6 (3), 6 (4), 6 (7), 6 (8); 7.
Articles considered by the Committee: 2 (3); 6 (2), 6 (3), 6 (4), 6 (7), 6 (8); 7.
Articles, if any, found in non-compliance: 6 (2), 6 (3), 6 (4), 6 (8); 7.
Summary: On 31 May 2013, 12 members of the public, 5 of them members of the Ecological Society “Green Salvation” and all represented by Mr. Sergey Solyanik, submitted a communication to the Compliance Committee, alleging the failure of Kazakhstan to comply with its obligations under articles 6 (2), (3) and (7), 7 generally, and 7 in conjunction with article 6 (3), (4) and (8) of the Convention. Specifically, the communicants alleged that the Party concerned failed to ensure public participation in the decision-making in relation to the construction of a ski resort in the Kok Zhailau area of the Ile-Alatau National Park, and concerning plans, programmes and policies relating to the environment in accordance with article 7 of the Convention.
| Document | Status | Date received or posted by the secretariat |
|---|---|---|
| Determination on admissibility | At CC-41 | 28.06.2013 |
| From the communicant | 31.05.2012 | |
| Letter to the Party concerned forwarding the communication | From the secretariat | 26.07.2013 |
| Letter to the communicant | From the secretariat | 26.07.2013 |
| Open letter to the Party concerned | From the communicant | 25.10.2013 |
| Judgment of Specialized Interregional Economic Court of Almaty, 25 November 2013 and explanatory note | From the communicant | 07.01.2014 |
| Response to the communication Rus Eng Annex 1 |
From the Party concerned | 03.04.2014 |
| Additional information | From the communicant | 27.08.2014 |
| Letters to the Party concerned and communicant inviting to discussion at CC47 | From the secretariat | 29.10.2014 |
| From the communicant | 09.12.2014 | |
| Opening statement for discussion at CC-47 | From the communicant | 18.12.2014 |
| Chronology of decisions on the Kok Zhailau case | From the communicant | 11.01.2015 |
| Covering email Annex 1: Letter from International Olympic Committee Annex 2: Letter to the Municipality Department of Automobile Roads |
From the communicant | 05.02.2015 |
| Comments RUS ENG (unofficial translation) | From observers | 26.02.2015 |
| Letter from UNECE Executive Secretary to Party concerned | From the secretariat | 06.03.2015 |
| Letter to communicant | From the secretariat | 06.03.2015 |
| Response to Committee's questions following discussion at CC-47 | From the communicant | 02.04.2015 |
| Covering letter enclosing Attachment 1: Response to Committee's questions following discussion at the 47th meeting ENG RUS Attachment 2: Comments on draft chronology ENG RUS |
From the Party concerned | 04.06.2015 |
| Update on recent developments | From the communicant | 24.06.2015 |
| Letters to Party concerned and communicants enclosing questions from the Committee | From the secretariat | 12.11.2015 |
| Comments on the Committee's questions Annex: Discussed project alternatives RUS ENG |
From the communicant | 25.11.2015 |
| Letter enclosing response to questions from the Committee RUS ENG | From the Party concerned | 22.02.2016 (letter undated) |
| Draft findings and letters to the Party concerned and communicant inviting their comments | From the secretariat | 27.06.2016 |
| Comments on Committee's draft findings | From the communicant | 14.07.2016 |
| Request for extension of deadline for submission of comments RUS | From the Party concerned | 21.07.2016 |
| Extension of deadline for commenting on Committee's draft findings | From the secretariat | 17.08.2016 |
| Comments on Committee's draft findings RUS ENG | From the Party concerned | 03.09.2016 |
| Email to Party concerned requesting texts of legislation | From the secretariat | 14.09.2016 |
|
Email from the Party concerned enclosing relevant legislation Annex 1: Clause 62 of Decree 827 and Article 18 of Law on Legal Acts ENG and RUS |
From the Party concerned | 16.09.2016 |
| Findings ENG FRE RUS | 19.06.2017 |