This draft law proposes to supplement the Code with a new Article 55.1, which provides for the extension of the soil management right on the basis of insurmountable force. Among a number of causes: fires, floods, earthquakes, hurricanes, or other natural disasters, such as explosions, war, terrorism, civil war, civil disobedience will be considered an insurmountable force, together with various manifestations of protests, as a result of which it was not possible to organize soil management at the mine. Under the draft, the terms of the existing soil management right will be extended for the maximum of those circumstances, without conducting a new examination.
The legal regulations on the extension of the soil management right on the basis of force majeure shall apply to the soil managers who have received the right of soil management before the entry into force of this law, if the force majeure arose during the four years preceding the day this law enters into force.
The term "civil disobedience" will be used for the first time in the Code, which means that in certain situations people may act against this or that policy pursued by the Government or the authorities. The non-governmental organizations are sure that this amendment is made especially for the unimpeded development of Amulsar mine.
Speaking to First News, Inga Zarafyan, President of Ecolur NGO, referring to the adoption of the draft law in the first reading, said that this not only showed that none of our proposals was acceptable, but also that the pressure on the society would increase.
"This means that if this law really enters into force, the society cannot appeal it in any way, any proposal by the government cannot be responded to, because the protest will be against the state. This is a very serious accusation against us. And this reaction that they have to change the text will be much more pressing. This is a direct violation of democracy and the Constitution. We are currently working on various steps. If this is adopted, it should not only be aimed at a specific area, but in general it will be a violation of human rights and the constitution," Inga Zarafyan outlined.
"And now the main reason for these changes is Amulsar. If this law is enacted, the pressure of force will increase. It is clear that now the state is choosing tools of pressure, which companies used to apply in various lawsuits," she added.
April 13, 2022 at 13:04