On May 30, 2022, 44 non-governmental organizations, initiatives and individuals applied to RA President Vahagn Khachaturyan with a proposal not to sign RA draft law "On Making Amendments to RA Mining Code" and to organize a discussion with the interested public. The letter says:
"Dear Mr. President,
We appeal to you as the guarantor of RA Constitution, in case of the adoption of RA draft law "On Making Amendments to RA Mining Code" on the grounds that it will not be signed as unconstitutional.
RA draft law "On Making Amendments and Addenda to RA Mininv Code" approved in the first reading at the meeting of the National Assembly on April 12 contradicts RA Constitution, Aarhus Convention, and RA Law on "Environmental Impact Assessment and Expertise".
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. This legislative amendment is, in fact, a restriction on the constitutional right to hold public meetings, rallies, marches, demonstrations, as well as the right to participate in decision-making under the Aarhus Convention, is anti-democratic.
The provision of retroactive effect of this draft law is unconstitutional, as according to Part 1 of Article 73 of RA Constitution ․ “1. Laws that worsen the legal status of a person and other legal acts have no retroactive force.” This legislative change worsens the legal situation of the whole society, violates its rights. It is problematic that, according to the draft law, projects with a modified schedule or geological survey programs will not be subject to a new environmental safety and technical safety assessment.
The amendment to the Code is in contradiction with the current RA Law on Environmental Impact Assessment and Expertise, which states in Article 20, Clause 7: "The expert opinion shall lose its validity if the implementation of the envisaged activity does not start within one year after the expert opinion is issued."
Honorable Mr. President,
In order to form a complete opinion on the issue, we suggest organizing a discussion among you and the stakeholder society involving also independent experts with professional and legal knowledge.
Best regards,
1. "EcoLur" Informational NGO
2. "Center for Community Consolidation and Support " NGO
3. "Forests of Armenia" Environmental NGO
4. "Green Armenia" Environmental NGO
5. "Transparency International Anti-Corruption Center" NGO
6. Armenian Environmental Front Voluntary Civic Initiative
7. Public Environmental Alliance
8. Dalma-Sona Foundation
9. "Asparez" Journalists' Club
10. "Direct Democracy" NGO
11. “Journalists for Future” NGO
12. “Dialogue for Peace” NGO
13. “Lore EcoClub” NGO
14. "Protection of Rights without Borders" NGO
15. "Tukhmanuk" NGO
16. “Lori Youth and Community Development Center” NGO
17. “Honey” Youth Center Volunteering Initiative
18. "Spitak Helsinki Group" Human Rights NGO
19. "Helsinki Association" Human Rights NGO
20. Syuniq Regional Support to Disabled People “Voghji” NGO
21. “Public Supervision” Human Rights NGO
22. “Mitq” Educational and Youth Initiative NGO
23. “Educational Center For Equal Rights” NGO
24. “VELES” Human Rights NGO
25. “EHAK” NGO
26. Information Freedom Center
27. “Women’s Support Center” NGO
28. Yerevan Press Club
29. Vanadzor office of Helsinki Citizens' Assembly
30. "Cinemart" Youth NGO
31. Media Initiatives Center
32. Club for Public Journalism
33. "Civic Youth Center" NGO
34. Goris Press Club
35. "Women's Rights House" NGO
36. “New Horizons” NGO
37. "Armenian Progressive Youth" NGO
38. Open Society Foundations – Armenia
39. Coalition against Violence towards Women
40. “Dilijan Youth Cooperation Center” NGO
41. “Stepanavan Youth Center” NGO
42. “HEBA” NGO
43. Arthur Hambardzumyan, Environmental Lawyer
44. Eduard Arzumanyan, expert in Energy Sector.”
May 30, 2022 at 16:12