EcoLur
The Aarhus Convention Compliance Committee is considering the issue of compliance of Armenia to the convention provisions in its ad hoc review. The review submits assessments conclusions and recommendation adopted by the committee.
Reminder: the Aarhus Convention guarantees public access to information, participation in decision-making and access to justice on environmental matters.
At the same time, at least two complaints have been filed to the Committee from Armenia on non-compliance to these rights. One of the complaints refers to the violation of rights of garden owners in the territory of Dalma. The other is the violation of rights of the local population and society because of Teghut copper and molybdenum mining project. The committee particularly noted that Armenia (namely the government) didn’t make any comments on the progress of the complaints by Dalma garden owners. Then, the committee considers the probability of progress in terms of adopted environmental laws.
It should be noted here that the Committee thinks that evidence must be submitted to show that necessary legislative, normative and administrative measures and practical measures have been adopted to ensure the implementation of the EIA procedure, including public participation.
The committee conclusions are,
“10. The Committee finds that the Party concerned has not yet fulfilled the requirements of decision V/9a, but welcomes the steps taken by the Party concerned to date in that direction.
11. The Committee invites the Party concerned together with its second progress report or otherwise by 31 December 2015:
(a) To provide English translations of the following legislation:
(i) The new Law “On Environmental Impact Assessment and Expertise”, together with any proposed amendments;
(ii) The draft Governmental decree “On public notification and participation”;
(iii) The draft Law “On Non-governmental Organizations”;
(iv) The draft amendments to the Administrative Procedure Code on the standing of NGOs.
(b) To submit a timeline for the adoption of each of the following:
(i) The draft Governmental decree “On public notification and participation”;
(ii) The draft Law “On Non-governmental Organizations”;
(iii) The draft amendments to the Administrative Procedure Code on the standing of NGOs.
(c) To provide an English translation of the proposed outline for the course for judges and judicial candidates on current problems with national environmental legislation, together with further information regarding the number of hours required to attend the course, which courts’ judges and judicial candidates are required to attend the course, and whether there is an assessment at the end of the course.
12. The Committee reminds the Party concerned that the Meeting of the Parties have undertaken to review decision V/9a at its sixth session.
13. The Meeting of the Parties at its sixth session may, upon consideration of a report and any recommendations of the Committee, decide upon appropriate measures to bring about full compliance with the Convention in accordance with paragraph 37 of the annex to decision I/7. The Meeting of the Parties may, depending on the particular question before it and taking into account the cause, degree and frequency of the non-compliance, decide upon one or more of the following measures:
(a) Provide advice and facilitate assistance to the Party concerned regarding the implementation of the Convention;
(b) Make recommendations to the Party concerned;
(c) Request the Party concerned to submit a strategy, including a time schedule, to the Compliance Committee regarding the achievement of compliance with the Convention and to report on the implementation of this strategy;
(d) In cases of communications from the public, make recommendations to the Party concerned on specific measures to address the matter raised by the member of the public;
(e) Issue declarations of non-compliance;
(f) Issue cautions;
(g) Suspend, in accordance with the applicable rules of international law concerning the suspension of the operation of a treaty, the special rights and privileges accorded to the Party concerned under the Convention;
(h) Take such other non-confrontational, non-judicial and consultative measures as may be appropriate.”
November 04, 2015 at 14:57