More than 100 Armenian civil society organizations have demanded the withdrawal of a package of legislative amendments drafted by the Ministry of Territorial Administration and Infrastructure. They argue that the proposed changes could weaken communities’ influence over environmental decisions.
The package concerns draft amendments to the Mining Code of the Republic of Armenia and the Law on Environmental Impact Assessment and Expert Examination, published on October 14 on the unified platform for draft legal acts.
“The proposed legislation threatens local democracy in the Republic of Armenia, restricts local self-government and socio-environmental rights, and benefits the mining industry. Particular concern surrounds amendments proposing that a community council’s preliminary objection should no longer constitute grounds for refusing to accept documents submitted for expert examination, declining to initiate the examination process, or terminating it.
“Under the proposed amendments, the grounds for a community’s objection would be examined during the assessment process, while the authorized state body would determine whether those objections are justified,” the statement reads.
The organizations endorsing the statement expressed concern that this approach could reduce community participation to a mere formality, concentrating actual decision-making authority in the hands of state administrative bodies and the executive branch.
They noted that the issue concerns decisions with direct and long-term consequences for residents’ everyday lives. These include matters affecting public health, quality of life, water resource protection, land resources, biodiversity, agriculture and the broader living environment.
The organizations emphasized that communities hosting mining projects and other large-scale economic activities bear a significant share of their negative consequences. Therefore, they argued, community positions should not be treated as secondary advisory opinions, nor should their rejection be regarded as a routine administrative procedure.
The authors of the statement also addressed Armenia’s international obligations, arguing that the proposed amendments contradict the principles of several international agreements ratified by the country and could hinder their implementation.
In particular, the organizations expressed concern that adopting the legislative package could make it impossible to achieve the targets of the Kunming-Montreal Global Biodiversity Framework, adopted under the United Nations Convention on Biological Diversity.
They also warned that the amendments could violate the right to public participation in environmental decision-making guaranteed by the Aarhus Convention and jeopardize the fulfillment of Armenia’s obligations under the Armenia-European Union Comprehensive and Enhanced Partnership Agreement.
Civil society representatives recalled that, under these international instruments, Armenia has committed to expanding and strengthening public participation in decision-making, particularly in nature conservation and environmental protection, rather than restricting such opportunities.
The organizations presented several demands to state authorities.
“We demand:
- From the Ministry of Territorial Administration and Infrastructure of the Republic of Armenia: Withdraw the proposed package of draft laws, which we consider anti-democratic and a violation of the rights of communities and their residents.
- From the Government of the Republic of Armenia: Investigate the motives of the authors of the draft legislation, particularly the authorized state body, relevant departments and specialists, in promoting such a proposal, as well as the grounds for their alleged bias toward business interests in the mining sector, and take measures to prevent similar practices in the future.
- From the Ministry of Environment of the Republic of Armenia: Promptly develop, with the participation of public representatives, draft amendments to the Law on Environmental Impact Assessment and Expert Examination to expand and strengthen opportunities and guarantees for public participation, ensuring compliance with obligations under the Aarhus Convention.
- From the Ministry of Environment and the Ministry of Territorial Administration and Infrastructure: Introduce additional mechanisms of direct democracy, with broader geographical participation by civil society, active community members, rural residents, farmers, women and young people, aimed at increasing residents’ influence over decision-making processes, particularly on environmental matters,” the statement reads.
Among those endorsing the statement are Oleg Dulgaryan of the Community Consolidation and Support Center NGO; Sona Ayvazyan of Transparency International Anti-Corruption Center; Araqs Melkonyan of the Protection of Rights Without Borders NGO; Artur Sakunts of the Helsinki Citizens’ Assembly Vanadzor Office; Anahit Gevorgyan of the Martuni Women’s Community Council NGO; and numerous other public figures.
