There were judges and other officials who preferred to neglect environmental laws, placed economic benefits higher than environmental concerns, and failed to be independent in their decisions. Also, in Ukraine ordinary citizens are quite ignorant about environmental problems. At the beginning of this dispute, the local population of the Danube Delta area was very supportive of the idea of canal construction. Ukraine’s Transportation Ministry promised it would bring approximately 2,000 jobs for local people. But it failed to do so and the opinions of the local population changed.
When I took this case, I was very young and had no previous courtroom experience. But my colleagues at Environment-People-Law (EPL) helped me by discussing possible case strategy and action plans. This case is very complex; we used both national and international legal means to achieve our goals.
Mott: How will winning this award, and the international recognition that comes with it, affect the NGO community overall and your organization specifically?
OM: This award will help create better relations with government and make them take public opinion into account during the decision-making process relating to the environment. It also will give inspiration to the Ukrainian NGO movement to keep struggling hard to preserve natural sites and biodiversity, and to fight for clean air, water, and soil.
As for EPL, I hope it raises our profile a little because we have great lawyers and other experts who are doing important work on this case and others. However, it is difficult to find adequate funding for this work. Maybe more foundations will understand that what we do is both significant and successful.
Mott:Mott supports EPL through our Civil Society program. Explain how your organization helps build civil society in Ukraine.
OM: One of the goals of EPL is to change the current cooperation practices between the public and (elected) officials so that they will establish relationships on the basis of public participation in decision-making. Our mission is to promote the rule of law for the protection of the environment. Thus, strengthening democracy becomes a central value of our mission and work.
We have achieved some changes in the behavior of governmental officials when interacting with the public. This resulted in timely notification about their decision-making process and free access to information related to projects. Also, a few governmental decisions on very important issues took into account public opinion.
We also strive for rule of law in Ukraine by suing the government as a way to make officials more accountable for their decisions. We are educating officials, judges, and prosecutors by giving them a better understanding of the legal groundwork for the protection of nature. We are educating them about the rights and freedoms of the general public.
Mott:What have you learned about building and strengthening democracy through EPL's work generally, and specifically through the Danube Delta case?
OM: EPL is playing a very important role in building and strengthening democracy in Ukraine by striving for governmental accountability, public participation, and the rule of law. The Danube Delta case showed that, although the court and state authorities were subject to heavy pressure and corruption, EPL achieved positive results. There is a hope that EPL’s struggle for democracy could be more effective in the future.
Mott:What is the role - and current strength – of Ukrainian environmental NGOs?
OM: We have had ups and downs. The Chernobyl disaster occurred 20 years ago in April 1986 and that helped energize a lot of environmental groups. These green groups helped bring about the end of communism and the break away from the Soviet Union. They were important for our independence as a nation, starting in 1991.
The registered number of NGOs in Ukraine is quite big, but there are not so many registered NGOs working in this field any more because donors’ interest in environmental issues dropped; donors now have other funding priorities. Thus, only a few environmental NGOs are capable of surviving and continuing work in this field.
Among the variety of environmental NGOs that exist, very few have lawyers and provide legal aid to citizens. Three legal NGOs were created 10 years ago aiming to protect the environment and the environmental rights of citizens. Now, EPL is the only NGO continuing its free legal aid program and continuing to handle cases of environmental law violation and defending the rights of citizens. Other environmental NGOs in Ukraine are engaged in campaigning, capacity building, advocacy, research or lobbying and grassroots work.
Mott: Describe your hope for what Ukraine's civil society will look like in the next decade or two.
OM: I hope that Ukrainian civil society will be more active, and that participation of NGOs in decision-making will be sustainable, more consistent and more independent from donors, government and business.