Statement of Civil Society Organizations on Draft Law "On Making Amendments to RA Soil Code" Approved at Meeting of RA Government without Reporting on 10.02.2022

Statement of Civil Society Organizations on Draft Law "On Making Amendments to RA Soil Code" Approved at Meeting of RA Government without Reporting on 10.02.2022

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

14Youth 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

27New Horizons NGO

28. Zaruhi Hovhannisyan, human rights activist

29. "MITQEducational-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