

At the meeting held on February 10 of RA Government, the executive approved RA draft law "On Making Amendments and Addenda to RA Soil Code" without reporting.
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.
With this legislative initiative, the Armenian government is regressing from democratic values. It will cause damage to the environment, public health, vital and economic interests, will violate the constitutional rights of citizens. Years of experience have shown that civil disobedience to soil management programs is aimed at human health, the protection of the rights to a healthy environment, and the protection of the living conditions of local people.
Protests are a way of expressing a position on mining projects. If the affected community is against the program, it also defends its right through peaceful civil disobedience and protests, as there are no legal mechanisms to consider the opinion of the community population when making decisions, to make their voices heard. The public is deprived of the right to appeal these decisions in court. This legislative change 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, which is anti Modified projects or geological prospectings will not be subject to a new environmental safety and technical safety assessment This legislative amendment deteriorates the legal situation of the whole society, violates its rights. It is inadmissible to violate the rights of the whole Armenian society by improving the state of 1-2 companies. It is obvious that the legislative change is primarily related to Amulsar gold quartzite mine development project.
It is also problematic that modified projects or geological prospectings 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."
Thus, with these new amendments to Soil Code, the executive is moving away from democratic values, jeopardizing the process of local democracy, as there is a lack of consensus with the public on this amendment, as it deprives the community of the opportunity to fight peacefully for a healthy environment.
We, the undersigned organizations and the citizens of the Republic of Armenia, demand from the Government of the Republic of Armenia to withdraw from RA National Assembly the problematic draft law "On Making Amendments to RA Soil Code". We demand that RA National Assembly return the bill to RA Government on the grounds that it is unconstitutional, illegal or anti-democratic.
The announcement is open for joining.
1. "Center for Community Consolidation and Support " NGO
2. "Forests of Armenia" Environmental NGO
3. "EcoLur" Informational NGO
4. "Green Armenia" Environmental NGO
5. "Transparency International Anti-Corruption Center" NGO
6. Armenian Environmental Front Voluntary Civic Initiative
7. "Ecological Public Union" NGO
8. "Goy" Environmental and Legal NGO
9. "Mihr" Creators Union" NGO
10. Women's Initiative of Armenia
11. "Cinemart" Youth NGO
12. "Direct Democracy" NGO
13. "Gyumri Progress" CSDP NGO
14. “Youth for Change” NGO
15. "Martuni Women's Community Council" NGO
16. "Janus" Legal NGO
17. "Spitak Helsinki Group" Human Rights NGO
18. "Armenian Progressive Youth" NGO
19. "Tukhmanuk" NGO
20. Ecological Social Alliance
21. "Association for Sustainable Human Development" NGO
22. Arthur Hambardzumyan, Environmental Lawyer
23. "Civic Youth Center" NGO
24. "Public Control" NGO
25. "Armash" Rural Community Support and Development Center NGO
26. "Society for Children and Adolescents Support Center" NGO
27. “New Horizons” NGO
28. Zaruhi Hovhannisyan, human rights activist
29. "MITQ" Educational-youth Initiative NGO
30. Vanadzor office of Helsinki Citizens' Assembly
31. "Peace Dialogue" NGO
31. "Women's Support Center" NGO
32. "Helsinki Association" Human Rights NGO
33. “Astghatsolq” NGO for Sustainable Development Initiatives
34. Open Society Foundations - Armenia
35. "Tumanyan" Law Office
36. "Asparez" Journalists' Club
37. Mary Aghakhanyan, Director
38. "Women's Rights House" NGO
39. One Health Coalition
40. "Protection of Rights without Borders" NGO
41. "Law Development Center" NGO
42. "NGO Center" Civil Society Development NGO
43. "Public Awareness and Monitoring Center" NGO
44. "Successful Woman" Youth NGO
45. "Center for Legal Initiatives" NGO
46. "Perspective Development Center" NGO
47. "Sustainable Future" Youth NGO
48. “Pink Human Rights” NGO
49. Anahit Manukyan, Doctor, Private Entrepreneur
50. Dalma-Sona Foundation
51. Vaghinak Ter-Hovhannisyan, Eva Margaryan, Young Ambassadors of Armenia to the Association of European Cancer Leagues
52. "Union of Informed Citizens" NGO
53. “Against Legal Arbitrariness” NGO
54. “Union of Community Financiers” NGO
February 17, 2022 at 14:56