Demanding to Annul Hearings Due to Pressure Exercised on Participants of Stepanavan-2 SHP Public Hearings

EcoLur

The public hearings on “Stepanavan-2” SHP project organized on 1 March 2013 were held under the conditions of exercising pressure on the participants of the hearings, who voiced their negative opinions on the project. The public hearings were held by “Shumen” LLC and “Environmental Expertise” SNCO of Nature Protection Ministry. We would like to draw your attention to the fact that “Environmental Expertise” SNCO representative Laura Balayan joined the company representatives, who were protecting their business interests, which contradicts to the mission and functions of “Environmental Expertise” SNCO. We think that the provisions of the Aarhus Convention were violated, particularly Article 8 (support to effective public participation, the results of public participation are taken into consideration to a maximum extent). The provisions of RA Law “On Environmental Impact Expert Assessment” are violated on the following articles:

- ARTICLE 9 (5) (During the preparation of authorized conclusion the opinions of the public, the affected community and relevant state bodies are taken into account),

- ARTICLE 9 (7) (The following is subject to assessment during the adoption of an expert conclusion: a) the validity of the documents; b) the opinions of the general public, affected community and interested state bodies; c) the whole complex of all positive and negative impacts of the intended activity on the environment, as well as their inter-relations; d) the applied assessment methods and the completeness of data; e) adequacy of the proposed technical solutions for the elimination or reduction of hazardous impact to the modern level of science and technology; f) alternative solutions to the intended activity;

- ARTICLE 10 (4) (The participants of the public hearings receive the minutes of the hearings from the authorized body).

As substantiation, we present the speeches made by Stepanavan Aarhus Center Coordinator Manya Meliqjanyan, Stepanavan Municipality Environmental Department Head Vardan Mkrtchyan, as well as that of EcoLur NGO President Inga Zarafyan and responses and comments to their speeches made by Company Lawyer Ara Sargsyan and “Environmental Expertise” SNCO Representative Laura Balayan.

'Shumen' LLC Director – You can address your questions to the project developer, 'Consecoard' LLC Director Vram Tevosyan, while legal issues can be addressed to the company lawyer Ara Sargsyan...'

Note by EcoLur: Unfortunately, we don't have an opportunity to mention 'Shumen' company director's name, as when we asked to get familiar with the signature list and to rewrite the names and positions of the participants, 'Shumen' company lawyer, who headed the public hearings, forbade the company director to give EcoLur an opportunity to get familiar with the list of participants.

Environmental Expertise” SNCO Representative Laura Balayan: 'The project was submitted late in October. Expert Gevorg Chobanyan gave his expert opinion to this project.  On 18 January hearings were held in Stepanavan Municipality. The project was revised taking into consideration the feedback. The opinions of al ministerial departments are positive, some opinions out of the ministry are negative, but mainly they are positive.'

Note by EcoLur: Laura Balayan didn't inform who provided positive opinions and didn't bring to the attention of the public who submitted positive opinions together with the substantiations of expert opinions. Negative opinions were presented by stakeholders - Stepanavan town municipality and EcoLur NGO.

Stepanavan Aarhus Center Coordinator Manya Meliqjanyan: In the course of the expertise the following fact was not taken into consideration: the Chqnagh River is a resort zone for Stepanavan residents and that Stepanavan is a town designed for tourism. The only way for Stepanavan development is tourism, while the Chqnagh River is a tourism and rest zone, which should be reflected in the project. Certain studies should be carried out.'

Company Laywer Ara Sargsyan: 'Manya Meliqjanyan has applied to several bodies, including law enforcement bodies and received an answer, ''Shumen' LLC hasn't committed any offences, now what about the rest zone, you are under misapprehension. There is a governmental decision, which says that these land areas have energy significance. The government found that a HPP can be constructed there.  And now you say that the law on expertise is violated, this is wrong belief, if you continue and attempt to mar the moral make-up of our company, we will meet in other instances.

Manya Meliqjanyan:  It's my own opinion, as well as opinions of town residents.

Laura Balayan: We are happy you worry about Stepanavan. But this territory is designed for energy by the government decision. If we have a decision, what kind of tourism zone you talk about...

Stepanavan Municipality Environmental Department Head Vardan Mkrtchyan: It's a rest zone. We are for a HPP, but on the Dzoraget River. Our decision referred to the Dzoraget and not the Chqnagh River. For ages the Chqnagh has been a rest zone. So far the Georgians dream of having such a place as the Chqnagh is. If the river goes into the pipe over 1 m, what will remain from the river? There won't be any water in the gorge. Moreover, the sewage wastes are dumped there. If there isn't any water, it will be a disaster. 

Ara Sargsyan: So remove the sewage wastes. You call it Chqnagh (wonderful), while dump your sewage waste there. It's not good when one thing doesn't correspond to the other. Have you looked through the documents?

Vardan Mkrtchyan:  Yes, I have looked them through. You expressed your opinon and eve submitted it to the president.

Ara Sargsyan: You are not a community. You have your Mayor changed. So what, with each new Mayor you will say we want here and not there? Your actions make all investors leave you. You know how much your budget is?

Vardan Mkrtchyan:  I know, why not.

Ara Sargsyan: investments (into project) are larger than whole your budget. Just tell me how many working places have you created with your community budget? What's your profession?

Vardan Mkrtchyan: I'm a livestock specialist, I have been heading the environmental department for many years...

Ara Sargsyan: a livestock specialist... Here professors, doctors issued their opinions, each document was undersigned by the committee on regulating public services. So what, they are all violating the law or only the company violates it?

Vardan Mkrtchyan:  Don't make a questioning...

Ara Sargsyan: It's not a questioning. I told you, if you bring a statement, I should understand that you express your opinion, we have listened to everybody. You are violating laws... 

EcoLur President Inga Zarafyan:  Which laws is he violating? 

Ara Sargsyan: The governmental decision on changing the category of land areas. A decision was made it's an energetic zone...

Inga Zarafyan: and why it (Mkrtchyan's speech) is a violation?

Ara Sargsyan: Because he says it's a rest zone, while this opinion should be substantiated by law.

Inga Zarafyan: In my opinion, you are exercising pressure on the participants of the public hearings.

Vardan Mkrtchyan: Once again I'm telling that this is the decision of the municipality to construct on the Dzoraget River, so construct there.

Ara Sargsyan: I do understand that Manya Meliqjanyan was misled and I realize who misled her. Probably it's you.  You told her that the Municipality defined it as a rest zone, that's why she reported to the law enforcement bodies. We will call upon the court, we will sue you for the libel and as a person marring the company image under the civil law. Simply we chose another way. We decided we would be higher than that.  Upon your isntruction Manya Meliqjanyan reported to the law enforcement bodies and they have her the appropriate reply.If you think that documents are incorrect, call upon the court. But take into consideration if the decision is amended, the question of damages will arise, which amount will undermine whole your budget, I'm telling you as a lawyer and as a specialist.

Vardan Mkrtchyan: Don't try to lay the blame on me. Visit here in the summer and you can see how many people rest here. If the water gets into the pipe, where will they rest? 

Ara Sargsyan: It will get on one side and get out on the other side. The entire world constructs HPPs. So what, should our policy differ from the policies of others? Are you against governmental programs? I just wonder.

Mkrtchyan: We oppose to the construction of this HPP on the Chqnagh River. Whether governmental bodies don’t make any mistakes?

Ara Sargsyan: If they are erroneous, sue them. I mean you don’t manage water. Competent bodies know what to give, how much and of what diameter. The community is entitled to report to the law enforcement bodies. You have signed a permit for a HPP, and no say that SHP will disturb you more than a HPP. The  company has been suffering for 4 years, gets permissions and undergoes procedures. All the investors leave us. It should be taken into consideration.

Inga Zarafyan:  Which bank do you intend to apply to? 

Ara Sargsyan:  There are international donors, for example, the German Bank. But already there are rumors, if environmental organizations put snags, which I’ll say are not substantiated, they say, if everything continues like this, whether investing makes any sense or the program should be closed.

Inga Zarafyan: After all, which bank do you intend to apply to?

Ara Sargsyan: It’s a financial secret, I can’t answer any more questions. 

Inga Zarafyan:  Which requirements of the law have you met in the project, particularly, I mean impact on health, landscapes, soil and water.

Laura Balayan: We have received three opinions and none of them is negative. The project describes everything, the landscapes as well.

Inga Zarafyan:  The project has description, but nothing about the impact.

Laura Balayan: You don’t know the project. It has measures reducing impact, for example, where to collect land. And even with the agreement, the impact is minimum, and all the expenses are shown. You don’t know the project.

Inga Zarafyan: Measures are not the description of the impact. This is a separate clause.

Laura Balayan: This is impact.

Note by EcoLur: Article 5 of RA Law ‘On Environmental Impact Expert Assessment’ says that impact assessment and reduction measures of consequences are separate.

Inga Zarafyan: What’s the impact on water and biodiversity, for example, on endemic species?  

Laura Balayan: Open the project and read it, there are no endemic species. You are not familiar with the project.

Note by EcoLur: The project makes reference to the old Red Book of Armenia for 1987 and 1989, which lost its force, as in 2011 a new Red Book of Armenia was published. This new Red Book includes new species on the verge of extinction, including invertebrates. The project doesn’t mention anything about this. It’s unclear whether Nature Protection Ministry representative doesn’t know about the new Red Book or intentionally ignores this fact.

Inga Zarafyan: Listen to what people say, it’s a rest zone, something connected with health, why the assessment is missing. 

Ara Sargsyan: If I want to have arrest near a gas station and call it a rest zone, will you remove this gas station?

Laura Balayan: Don’t mix rest zone with energetic zone.

Project Developer Vram Tevosyan:  If there is no population, whose health you speak about?

Laura Balayan:  Why are you making a splash and distort these hearings?

Vram Tevosyan: Even if they have a rest, it’s illegal. We have the decision, which says there is no zone, that’s why the project doesn’t touch upon health impact. People shouldn’t be there.

Laura Balayan: She came here to make a splash. You don’t understand elementary things and plays up, as you don’t understand anything. These senseless questions, non-substantiated. Telling once again, read the project. You are making a fuss and asking senseless questions. 

Note by EcoLur: Development of tourism and rest zone is prescribed in Socio-economic development program of Stepanavan for 2013-2016.

Ara Sargsyan: How many hearings have you participated in?

Laura Balayan:  They take part in all hearings and it’s senseless...

Inga Zarafyan: Yes, I’m taking part and I would like to remind you that you are an expert of the environmental expertise, who came to take part in the hearings in Meliq Village without learning the project and the territory. You have forgotten that your duty is to answer to the questions connected with the project.

Laura Balayan: So what, should I take an exam with you?

Ara Sargsyan: Here you are said to take part in many hearings. Have you approved at least any project? We shouldn’t construct anything? I wonder how citizens of Armenia can oppose to their country.

Laura Balayan: An enemy...

Inga Zarafyan: If you were just a participant, I wouldn’t object to the opinion you said. But you are heading the hearings and your speeches are pressures. You are exercising pressure, threaten and insult the participants, who oppose to the project.

Ara Sargsyan: Let’s not turn to legal formulations. If it’s like that, let’s assess Meliqjanyan’s allegations, it’s libel and accusations addressed to the company, and she will get her answer. 

Inga Zarafyan: This is what pressure is. 

Laura Balayan: “Aren’t you exercising pressure?” this is the end of the dialog. 

Based on the aforementioned we demand to annul the public hearings held on 1 March and to appoint new public hearings. We demand to appoint another expert of “Environmental Expertise” SNCO instead of Laura Balayan, as we think she demonstrated partiality in the construction of “Stepanavan-2” SHP project.

March 13, 2013 at 13:21