EcoLur
Qristine Sahakyan, Environmentalist of "HayGyughNakhagits" LLC, has addressed a letter to Asian Development Bank Project Manager Cesar Lawrence thus responding “Regional Monitoring Institute” NGO’s letter.
Reminder: “Regional Monitoring Institute” NGO has addressed a letter to the Asian Development Bank saying that statutory procedures haven’t been adhered to Kapan Water Supply Network Improvement Program, which violated the norms of the public law.
The Environmentalist’s letter says,
“Dear Mr. Llorens
With this letter we would like to disprove the inexactitudes presented in the letter addressed to you by Kapan “Regional Monitoring Institute” NGO. We learnt about the letter through the article “Letter to ADB: Improvement Project of Kapan Water Supply Chain Failed” published (November19, 2015) on the website of “EcoLur” NGO.
As the environmental specialist of the Project Consulting Company, dealing with the Project environmental issues, I do believe that the Kapan “Regional Monitoring Institute” NGO demonstrated unprofessional approach by misinforming you about the situation in his letter. The impression is so that this organization is completely unaware of the ADB funded WSS improvement works implemented in Kapan town. I would like to address the legal issues relating to the ADB Project implementation presented to you in Mr. A. Khalapyan’s letter.
First of all, it should be mentioned that the Project EMP Report is available in two languages on the AWSC website (http://armwater.am/files/adb/armenian/EMP/VII.%20Syunik_EMP-arm/VII.%20Syunik%20EMP%203_Kapan%20arm.pdf (Armenian version) and http://www.armwater.am/files/adb/english/emp/VII.%20Syunik_EMP-eng/VII.%20Syunik%20EMP%203_english.pdf (English version)).
Hence, Mr. A. Khalapyan is recommended to study the mentioned documents paying attention to the following:
- The document was approved in March, 2014 when the RA Law “On Environmental Impact Expertise” (effective from November, 1995 till August, 2014), as well as the RA government resolution N-193 of March 30, 1999 on “Threshold of activities subject environmental impact expertise” were still in force;
- The renovation activities proposed by the Project are related to the rehabilitation of the internal water supply system of Kapan town, the main structures/facilities are not included;
- According to the RA government resolution N-193 of March 30, 1999 on “Threshold of activities subject environmental impact expertise”, the Project does not require Environmental Impact Expertise since the maximum diameter of the water supply pipeline is 225 mm (only 300 mm and more diameter water supply and sewage pipelines are subject to the Environment Impact Expertise. See the RA government resolution N-193);
- Even if we consider this Project within the frame of new amended legislation, it is not subject to Environmental Impact Expertise either according to the provisions of Article 14 of the RA Law on «Environmental Impact Assessment and Expertise» (effective since August 9, 2014);
- The Project is adherent not only to the RA legislation, but also the ADB Safeguard Policy Statement and International conventions/agreements requirements.
As to public awareness, the discussion on the Project Environment issues was held at the Preliminary design stage (24.10.2013), the relevant document was e-mailed to Kapan municipality 10 days before the event.
The NGO sector representatives, including Mr. A. Khalapyan and mass media participated in the discussion on the environmental issues. The photos and videos are available; the meeting was broadcasted on the regional Sosi TV channel.
Environmental audit conducted by the internationally recognized environmental auditing company for the ADB supported “Water Supply and Sanitation Sector Project –Additional financing” project provided unqualified audit opinion about the project. In the framework of the annual supervision mission the ADB senior environmental expert pays regular visits always recording positive results. The environmental specialists of both the Consulting company and PIU made regular environmental monitoring visits during the whole period of the Project implementation.
In this terms there is no point to speak about “…rudely infringed procedural regulations…” during implementation of the Kapan water supply system project funded by ADB, and moreover arrive at a conclusion that “…as a result, the rules of common law ratified by local legislation and international agreements are violated…”.
Тhe question that has to be answered is why Mr. Khalapyan who participated at the above mentioned meeting where the Project details were discussed and presented (during the Project Design stage) did not put forward these issues he appealed to you. Why does Mr. Khalapyan speculate about these issues now, when the project is in completion phase though he had quite enough time (about 5 months) within the period of the Project appraisal before the final approval of the project (the Project EMP was approved on 28.03.2014, and the Draft version was presented to the stakeholders 24.10.2013).
Up to today, any complain/inquiry by the Kapan “Regional Monitoring Institute” NGO was not addressed to the specialists who personally deal with the Project environmental and technical issues. Consequently we do believe that the actions taken by Mr. Khalapyan have hidden context and are not directed at solution of problematic issues and improvement of situation.
Kristine Sahakyan,
HGSN Ltd., Environmental Specialist.”
December 08, 2015 at 15:26