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HUMAN RIGHTS DEFENDER'S ASSESSMENT OF THE RA MINISTRY OF ENERGY AND NATURAL RESOURCES ACTIVITIES IN 2011
Story from Lragir.am News:
http://www.lragir.am/engsrc/country25630.html
Published: 15:01:00 - 29/03/2012
One of the most frequently raised problems in the sphere of
consumption and maintenance of lithosphere are shortcomings in the
process of providing a license for exploration and extraction of the
lithosphere. The society opinion was nO...t taken into consideration
in the process of licensing the mineral extraction, and the necessary
analysis has not been conducted in forms of harmful impact on the
environment as a result of such activity. Whereas, according to the
RA Code about the Lithosphere (6 November, 2002), which was repealed
on 1st January, 2012, a provision was prescribed about obligations
to consider the participation in discussions about recommendations
on maintainance of the lithosphere by citizens, public associations
and public bodies.
The RA Control Chamber has also registered violations in the process
of licensing. The RA Ministry of Energy and Natural Resources did
not carry out a proper control over maintenance of requirements of
mining industry legislation by mining organizations. Due to Control
Chamber's researches violations by mining organizations were registered
in the process of concession fees calculation and payments to the
state budget, prescribed by the law and by the N562 decision Â" About
definition of the amount and payment procedures of concession fees Â"
of the RA Government, on 8 May, 2003. The calculated concession fee
for 20 mineral extraction companies with a license was 158.979.6
thousand AMD, but only 79,812.2 thousand AMD had been paid to the
state budget. The number and nature of the registered violations
itself evidence about the inadequate control by the Ministry over
the corresponding organizations.
In the sphere of security assurance of electricity use the level of
the effective control by the Ministry towards maintenance of safety
rules prescribed by technical regulations and other legal acts was
not sufficient. Due to the Ministry's official data - as a result of
technical inspections conducted by the State Energy Inspectorate of
the Ministry in energy sector company devices during 2011, proceedings
were carried out and penalties imposed for administrative violations
made towards 10 officials.
Violations were also registered in the respect with proper recording
of residents' expenditures of electricity. As a result of joint
researches carried out by specialists of the Ministry and Â" Electric
Networks of Armenia ' CJSC, some inaccuracies, relating to electricity
consumption in the cards of 124 resident-customers, were registered
and canceled. For violations or inadequate implementation of the
norms, prescribed by technical regulations, energy supply rules and
supplier-customer (resident) contractual obligations, criminal cases
were initiated against 5 officers of the corresponding organizations,
34 officers were fired from the occupied positions and disciplinary
sanctions were imposed towards 206 officers. The abovementioned
statistics itself evidences about necessity of taking consistent
and effective measures in the sphere of implementation of control
over assurance of maintenance of security norms of life, property and
environment of citizens, prescribed by technical regulations and other
legal acts, as well as implementation of contractual obligations by
the supplier.
Lack of adequate control by lithosphere users over implementation
of environmental and mining industry legislation norms remains a
concerning issue in the field of mining industry.
During 2011 ecological and human rights organizations were regularly
raising the issue of not ensuring public discussions about draft RA
Code "About Lithosphere", as well as the process of closed and hasty
adoption of the Code. Though the RA Ministry of Energy and Natural
Resources informed that it had conducted public hearings on the draft
of the new Code about the RA Lithosphere with representatives of NGOs
(members of the Public Ecological Alliance) on 23 September and 8
October, 2010, as well as the Ministry partook in discussions on the
project held by several bodies and organizations (ecological issues
and recommendations had been transfered to the RA Ministry of Nature
Protection, which recommendations had been fully included in the
project by the Ministry), however, concerns and complaints on the
process expressed by several civil society organizations evidence,
that the civil society's full participation was not conducted, and
the public opinion mostly was not taken into consideration.
Relations relating to rocks of a stripping layer of mining wastes have
not been regulated by the RA Legislation so far. According to the 1st
part of Article 2 of the RA Law Â" About Wastes Â", the law applies
to the use of wastes accumulated during production and consumption,
and, according to the 2nd part of the Article, the law does not
apply to radioactive wastes, materials mixing up with sewages and
flowing into natural waters, materials emitting to atmosphere with
gas mixtures isolating from emission sources, rocks of a stripping
layer of mining industry organizations. Relations regarding the use of
the mentioned wastes are regulated by other laws and legal acts of the
Republic of Armenia. During the eight years next to the adoption of the
abovementioned law any legal act regulating the mentioned relations
has not been adopted, as a result of which the mining organizations
were relieved of the obligation to pay ecological fees for installing
mining wastes in the environment.
Karen Andreasyan,
Human Rights Defender of the Republic of Armenia
The list of the identified positive developments, gaps and shortcomings
is not exhaustive.
The introduced Chapter (8) of the HRD Annual Report 2011 is available
in full at http://pashtpan.am/pages/downloadPdf/file_id/615.
The HRD Annual Report 2011 was developed based on the complaints
received by the Staff of the Human Rights Defender, legislation
analysis, trustworthy and non-disclaimed publications in press,
reports of the international and local organizations as well as
information received during the interviews with field specialists
and human rights defenders.
From: Emil Lazarian | Ararat NewsPress
Story from Lragir.am News:
http://www.lragir.am/engsrc/country25630.html
Published: 15:01:00 - 29/03/2012
One of the most frequently raised problems in the sphere of
consumption and maintenance of lithosphere are shortcomings in the
process of providing a license for exploration and extraction of the
lithosphere. The society opinion was nO...t taken into consideration
in the process of licensing the mineral extraction, and the necessary
analysis has not been conducted in forms of harmful impact on the
environment as a result of such activity. Whereas, according to the
RA Code about the Lithosphere (6 November, 2002), which was repealed
on 1st January, 2012, a provision was prescribed about obligations
to consider the participation in discussions about recommendations
on maintainance of the lithosphere by citizens, public associations
and public bodies.
The RA Control Chamber has also registered violations in the process
of licensing. The RA Ministry of Energy and Natural Resources did
not carry out a proper control over maintenance of requirements of
mining industry legislation by mining organizations. Due to Control
Chamber's researches violations by mining organizations were registered
in the process of concession fees calculation and payments to the
state budget, prescribed by the law and by the N562 decision Â" About
definition of the amount and payment procedures of concession fees Â"
of the RA Government, on 8 May, 2003. The calculated concession fee
for 20 mineral extraction companies with a license was 158.979.6
thousand AMD, but only 79,812.2 thousand AMD had been paid to the
state budget. The number and nature of the registered violations
itself evidence about the inadequate control by the Ministry over
the corresponding organizations.
In the sphere of security assurance of electricity use the level of
the effective control by the Ministry towards maintenance of safety
rules prescribed by technical regulations and other legal acts was
not sufficient. Due to the Ministry's official data - as a result of
technical inspections conducted by the State Energy Inspectorate of
the Ministry in energy sector company devices during 2011, proceedings
were carried out and penalties imposed for administrative violations
made towards 10 officials.
Violations were also registered in the respect with proper recording
of residents' expenditures of electricity. As a result of joint
researches carried out by specialists of the Ministry and Â" Electric
Networks of Armenia ' CJSC, some inaccuracies, relating to electricity
consumption in the cards of 124 resident-customers, were registered
and canceled. For violations or inadequate implementation of the
norms, prescribed by technical regulations, energy supply rules and
supplier-customer (resident) contractual obligations, criminal cases
were initiated against 5 officers of the corresponding organizations,
34 officers were fired from the occupied positions and disciplinary
sanctions were imposed towards 206 officers. The abovementioned
statistics itself evidences about necessity of taking consistent
and effective measures in the sphere of implementation of control
over assurance of maintenance of security norms of life, property and
environment of citizens, prescribed by technical regulations and other
legal acts, as well as implementation of contractual obligations by
the supplier.
Lack of adequate control by lithosphere users over implementation
of environmental and mining industry legislation norms remains a
concerning issue in the field of mining industry.
During 2011 ecological and human rights organizations were regularly
raising the issue of not ensuring public discussions about draft RA
Code "About Lithosphere", as well as the process of closed and hasty
adoption of the Code. Though the RA Ministry of Energy and Natural
Resources informed that it had conducted public hearings on the draft
of the new Code about the RA Lithosphere with representatives of NGOs
(members of the Public Ecological Alliance) on 23 September and 8
October, 2010, as well as the Ministry partook in discussions on the
project held by several bodies and organizations (ecological issues
and recommendations had been transfered to the RA Ministry of Nature
Protection, which recommendations had been fully included in the
project by the Ministry), however, concerns and complaints on the
process expressed by several civil society organizations evidence,
that the civil society's full participation was not conducted, and
the public opinion mostly was not taken into consideration.
Relations relating to rocks of a stripping layer of mining wastes have
not been regulated by the RA Legislation so far. According to the 1st
part of Article 2 of the RA Law Â" About Wastes Â", the law applies
to the use of wastes accumulated during production and consumption,
and, according to the 2nd part of the Article, the law does not
apply to radioactive wastes, materials mixing up with sewages and
flowing into natural waters, materials emitting to atmosphere with
gas mixtures isolating from emission sources, rocks of a stripping
layer of mining industry organizations. Relations regarding the use of
the mentioned wastes are regulated by other laws and legal acts of the
Republic of Armenia. During the eight years next to the adoption of the
abovementioned law any legal act regulating the mentioned relations
has not been adopted, as a result of which the mining organizations
were relieved of the obligation to pay ecological fees for installing
mining wastes in the environment.
Karen Andreasyan,
Human Rights Defender of the Republic of Armenia
The list of the identified positive developments, gaps and shortcomings
is not exhaustive.
The introduced Chapter (8) of the HRD Annual Report 2011 is available
in full at http://pashtpan.am/pages/downloadPdf/file_id/615.
The HRD Annual Report 2011 was developed based on the complaints
received by the Staff of the Human Rights Defender, legislation
analysis, trustworthy and non-disclaimed publications in press,
reports of the international and local organizations as well as
information received during the interviews with field specialists
and human rights defenders.
From: Emil Lazarian | Ararat NewsPress