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LAW ON 14 COMPANIES WITH BEAUTIFUL NAME WHICH DOES NOT WORK
Aram Zakaryan
Lragir.am
28 Aug 06
The National Assembly of Armenia passed a law on May 15, Georgia and
Azerbaijan do not have similar laws. Over this period the law has
been changed twice, it has only 5 articles, and it does not work. It
is true that in terms of form we are ahead of our neighbors, but in
terms of content we are on the same level.
The name of the law is pleasing, "End use of environmental payments by
companies". And though the companies operating in Armenia and paying
environmental payments count hundreds, the law refers to 14 companies
only; Armenian Copper Program, Zangezur Copper and Molybdenum Factory,
Dino Gold Mining Company, Akhtala Metallurgic Factory, Ararat Cement,
Mika Cement, Hrazdan Thermal Power Plant, Yerevan Thermal Power Plant,
Gadjagorts, Gadj, Makur Yerkat, ASKE Group, Dzulakentron. The authors
of the law decided that if the activities and income of these companies
cause different environmental problems, air, water and other types of
pollution, part of the environmental payments should be transferred
to the community budget where the company is based to implement
environmental projects. Nice, isn't it? Even very very nice. But.
First, why should the law concern these 14 companies only? Why
should part of the environmental payments of Ararat Cement be spent
on environmental projects, whereas part of the payments by Ararat
Gold Recovery Company will not be spent.
The amount to be allocated to the local governments for environmental
projects from the sum paid by the company to the state budget is
set down in a complicated wording. It is possible to get the meaning
after reading it for several times, however, if the aim is honest,
we could use more simple wording, say x percent is allocated from
the environmental payments of the company. And that's all. However,
complicated wording is not the only reason why the law does not work.
In accordance with the document, the money is allocated to the
local governments. And the whole charm about it is that the local
governments do not have environmental departments or at least a
relevant specialist, and the money is paid only after the environmental
project is confirmed. These are first confirmed by the board of
supervisors, then by the ministries of environment and health. And the
projects can be confirmed or on the contrary. Now imagine our village
mayors and council members working on a project on a sphere which is
not familiar to them. And it is evident from the reality of Armenia,
which is gradually turning a desert, that environmental protection
is not familiar to our officials.
Experts think if the auhtors of the law did not go in for form and
intended to find real remedies for the wounds of nature in Armenia,
they are apparently following the wrong path and it is clear that they
did not consult specialists. And specialists say it would be easier
if instead of working out complicated and non-practical mechanisms in
the law they made the same companies direct the x amount that they
must pay to the state budget at environmental activities. And if
there is a problem of government control, it can be provided for by
the same law. Moreover, the same law could provide for implementation
of projects by these companies through the NGOs which deal with the
problems of state and environmental protection.
This would be another step to a civil society and public involvement.
By the way, different NGOs and boards of supervisors have implemented
and implement environmental projects in different regions of Armenia
on grants without waiting for the law on end use of environmental
payments by companies. Therefore, it is not always necessary to write a
law to do something good. For everyone knows what hinders a bad dancer.
Aram Zakaryan
Lragir.am
28 Aug 06
The National Assembly of Armenia passed a law on May 15, Georgia and
Azerbaijan do not have similar laws. Over this period the law has
been changed twice, it has only 5 articles, and it does not work. It
is true that in terms of form we are ahead of our neighbors, but in
terms of content we are on the same level.
The name of the law is pleasing, "End use of environmental payments by
companies". And though the companies operating in Armenia and paying
environmental payments count hundreds, the law refers to 14 companies
only; Armenian Copper Program, Zangezur Copper and Molybdenum Factory,
Dino Gold Mining Company, Akhtala Metallurgic Factory, Ararat Cement,
Mika Cement, Hrazdan Thermal Power Plant, Yerevan Thermal Power Plant,
Gadjagorts, Gadj, Makur Yerkat, ASKE Group, Dzulakentron. The authors
of the law decided that if the activities and income of these companies
cause different environmental problems, air, water and other types of
pollution, part of the environmental payments should be transferred
to the community budget where the company is based to implement
environmental projects. Nice, isn't it? Even very very nice. But.
First, why should the law concern these 14 companies only? Why
should part of the environmental payments of Ararat Cement be spent
on environmental projects, whereas part of the payments by Ararat
Gold Recovery Company will not be spent.
The amount to be allocated to the local governments for environmental
projects from the sum paid by the company to the state budget is
set down in a complicated wording. It is possible to get the meaning
after reading it for several times, however, if the aim is honest,
we could use more simple wording, say x percent is allocated from
the environmental payments of the company. And that's all. However,
complicated wording is not the only reason why the law does not work.
In accordance with the document, the money is allocated to the
local governments. And the whole charm about it is that the local
governments do not have environmental departments or at least a
relevant specialist, and the money is paid only after the environmental
project is confirmed. These are first confirmed by the board of
supervisors, then by the ministries of environment and health. And the
projects can be confirmed or on the contrary. Now imagine our village
mayors and council members working on a project on a sphere which is
not familiar to them. And it is evident from the reality of Armenia,
which is gradually turning a desert, that environmental protection
is not familiar to our officials.
Experts think if the auhtors of the law did not go in for form and
intended to find real remedies for the wounds of nature in Armenia,
they are apparently following the wrong path and it is clear that they
did not consult specialists. And specialists say it would be easier
if instead of working out complicated and non-practical mechanisms in
the law they made the same companies direct the x amount that they
must pay to the state budget at environmental activities. And if
there is a problem of government control, it can be provided for by
the same law. Moreover, the same law could provide for implementation
of projects by these companies through the NGOs which deal with the
problems of state and environmental protection.
This would be another step to a civil society and public involvement.
By the way, different NGOs and boards of supervisors have implemented
and implement environmental projects in different regions of Armenia
on grants without waiting for the law on end use of environmental
payments by companies. Therefore, it is not always necessary to write a
law to do something good. For everyone knows what hinders a bad dancer.