Out of 427 soil management agreements for metal, non-metallic mines and mineral water soil management in Armenia, 244 do not have obligations to support the socio-economic development of the community.
While this is a requirement of the law. It is enshrined in Article 15 (2(6)) and Article 50 of RA Soil Code, as well as by RA Government Decision N 437-N dated on March 22, 2012. The provisions of this decision apply to mineral water, metal և non-metallic mining organizations, and are effective from the day following the official publication of the decision.
The soil management agreement is a bilateral act, which is signed between the soil manager and RA Ministry of Territorial Administration and Infrastructure.
Our analysis of soil management rights revealed the following: As of 10-201-2022, 27 out of 36 companies with soil management rights for the development of underground mineral water do not have obligations under the soil management contract to support the socio-economic development of the community, despite the fact that these organizations have made amendments to their soil management contract since 2012, and were obliged to include that component within the framework of that process.
As of 11 February 2010, in 205 out of 369 contracts for soil management of non-metallic mines, such requirements are not prescribed. It should be noted that only 13 of the 200 contracts signed between August 22, 2012 and August 2013 include the organization's commitments to the community. In other words, the former RA Ministry of Energy and Natural Resources showed an openly biased, illegal position towards those organizations, and deprived the affected communities of financial or technical assistance.
As of 01.01.2022, provisions to support the socio-economic development of the community are not included in 12 out of 22 soil management contracts signed for the development of metal mines, such as in case of "Litchqvaz" CJSC, "Fortune Resources" LLC, "Vardani Zartonk" LLC, "Akhtala OPC" CJSC, "Meghradzor Gold" LLC, "Chaarat Kapan" CJSC, "Mego Gold" LLC, "Teghout" CJSC, "Zangezur CMC" CJSC, "Multi Group Concern" LLC.
The study shows that the application of social obligation requirements to communities by organizations that have a negative impact on the environment and the social status of the affected community needs to be clarified and regulated. It is necessary to provide mechanisms so that after the enlargement of the communities, the funds accumulated in the budget of the communities for that purpose will be directed especially to the solution of the socio-ecological problems of the affected settlements.
February 15, 2022 at 12:22