RA Ministry of Territorial Administration and Infrastructure has put forward a legislative initiative to simplify the procedure for land allocation for mining purposes. The proposed changes will amend the Law on Subsoil, the Land Code, and the Law on Environmental Impact Assessment and Expertise.
Background and Objectives
The legislative proposal is aligned with Armenia’s mining sector development strategy. However, during the strategy's drafting phase, the civil society faction within the Multi-Stakeholder Group of the Extractive Industries Transparency Initiative (EITI) in Armenia voiced opposition to this initiative. They argued that the current Armenian legislation already clearly defines land acquisition procedures, and further simplification is unnecessary. In fact, they believe the process for mining should be made even more stringent, given that land becomes permanently unusable after mine closure. Simplifying land acquisition would infringe upon the property rights of individuals, legal entities, and communities, which contradicts the Constitution of Armenia.
Despite the civil society’s written objections, the government did not consider these concerns. Instead, the provision was formalized in the "Mining Sector Development Strategy and Action Plan (up to 2035)" approved by Government Decree No. 730-L on May 11, 2023.
Key Concerns Raised by EcoLur Regarding the Legislative Package
1. Business-Oriented Approach: The legislative package appears to be developed solely to protect and prioritize the interests of mining businesses.
2. Lack of Environmental and Public Health Considerations: The draft does not adequately address issues related to environmental protection, the health of communities affected by mining, or the sustainable use of land.
3. Proposed Amendments to the Law on Environmental Impact Assessment: The new amendments require the signing of a notarized preliminary agreement between landowners (whether private or community) and the mining company. This would effectively turn the notarized agreement into a powerful tool that could be used as leverage, potentially leading to coercion throughout the mining rights acquisition process. It also introduces risks of corruption.
4. Use of Notarized Agreements: The requirement for notarized agreements is seen as granting undue power to mining companies, which could exploit this requirement to pressure landowners. It raises significant corruption risks, as it provides mining companies with a "bargaining chip" in land negotiations.
5. Legitimacy of Preliminary Approvals: The validation of civil agreements regarding land use rights and changes to the designated use of land based on initial hearings is deemed legally problematic.
Civil Society's Position
Civil society groups maintain that any simplification of land acquisition for mining activities would not only compromise environmental safeguards but also violate the rights of local communities. They emphasize that the focus should instead be on strengthening regulations to ensure sustainable land use, proper environmental assessments, and the protection of public health.
The draft legislation, as it currently stands, has been criticized for prioritizing the interests of extractive industries over the well-being of communities and the environment. The concerns were formally presented to the Ministry but were ultimately disregarded in the finalized strategy.
For further information, you can refer to EcoLur's detailed commentary on the legislative package here.
November 11, 2024 at 15:53