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Unhappy With The Law: Environmentalists Demand Armenia's Compliance

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  • Unhappy With The Law: Environmentalists Demand Armenia's Compliance

    UNHAPPY WITH THE LAW: ENVIRONMENTALISTS DEMAND ARMENIA'S COMPLIANCE WITH AARHUS CONVENTION

    ENVIRONMENT | 09.07.14 | 11:46
    http://armenianow.com/society/environment/55901/armenia_environment_law

    By GAYANE MKRTCHYAN
    ArmeniaNow reporter

    "The new law "On Environmental Impact Evaluation and Expertise"
    adopted last month by the legislative body of the country has given
    rise to environmentalists' discontent and criticism as they see
    serious deficiencies and gaps in the law.

    Silva Adamyan, coordinator of the Public Ecological Alliance,
    says that the law passed on June 21 contradicts the demands of the
    Aarhus Convention signed and verified by Armenia, it does not stem
    from the environmental and democratic principles of the country,
    does not contribute to the resolution of environmental problems.

    "The law contextually contradicts the demands of the Aarhus Convention
    signed and verified by Armenia. The purpose of adopting a new law was
    supposed to be verifying the functioning law's deficiencies, developing
    and improving legal regulations, but the mentioned law does not solve
    these problems, moreover, it stipulates unclear complicated processes
    creating new problems, contradicting the international legal norms,"
    Adamyan said. "Before the adoption of the new law, the Armenian law
    "On Environmental Impact Evaluation and Expertise" adopted in 1995 was
    in effect, and during this time the Compliance Committee of the Aarhus
    Convention four times made a decision emphasizing the non-compliance
    of the Armenia law with the practice, demanding that Armenia bring
    its legislation in conformity with the Convention."

    Environmentalists mention that the legislators adopted the new
    law without considering all that. According to Armenian Forests NGO
    President Nazeli Vardanyan, the most important factor was not preserved
    - public participation in any environment-related decision-making.

    "According to the new law, all types of actions are divided into three
    groups and public participation in these three groups must be realized
    on different degrees. For instance, in case of small HPPs there is
    no more need to organize public discussions, just evaluation will
    be enough to give license. The law is worded in an abstruse manner
    whereas the Aarhus Convention demands that the law be worded so that
    common people can read and understand it," she said.

    Environmentalists believe that incomplete realization of the Aarhus
    Convention demands will have a negative impact on foreign investments
    and project funding in the environmental field.

    Environmentalist Levon Galstyan participated for the first three
    months in the works of the group dealing with law drafting, then he
    quit seeing that no specialists capable of writing a correct law were
    included in the working group.

    "Most importantly responsibility is missing. We voiced this question
    several times while writing the law but fruitlessly. We were not
    able to introduce the ideology that when a certain area's residents,
    public has negative attitude toward the project, the Ministry of
    Nature Protection must give a negative conclusion. It was impossible,
    which means that everything is pointless, whatever is discussed is
    pointless," Galstyan said.

    He thinks it is impossible to write a new law with the methodology
    and professional skills existing in the country.

    A number of environmental organizations sent a letter to the country's
    president, mentioning that the law contains many errors, gaps having
    been mentioned at various occasions by local and international experts,
    however the Ministry of Nature Protection again gave assurances that
    all suggestions were considered and a new version was introduced at
    the same time leaving the draft unchanged, with the deficiencies.

    "Armenia does not follow its responsibilities in accordance with the
    Convention, Armenia's reputation briskly descended among international
    structures, the Convention is not fully realized in Armenia, the
    public is deprived of the opportunity to participate in Convention
    processes, and citizens and public organizations' rights defined by
    the Convention are constantly violated which creates distrust toward
    the government and adds up to public discontent. It is not without
    reason that during the fifth meeting of the Convention parties Armenia
    was found to be a country that does not comply with the Convention,"
    the letter addressed to the Armenian president reads.

    The environmentalists ask President Serzh Sargsyan to return the law
    "On Environmental Impact Evaluation and Expertise" to the National
    Assembly for a new discussion.

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