Code of Good Aims and Corruption Risk

CODE OF GOOD AIMS AND CORRUPTION RISK

Lragir.am 20 July 06

On July 20 the government of Armenia adopted the Technical Code
of removal of the fertile layer of soil and requirements on its
preservation and use. The representatives of the Ministry of
Environmental Protection assure that this completes the enactment
of the Land Code of Armenia. The code really has good aims but it
contains corruption risk.

The technical code will cover all kinds of land works in Armenia. If
the fertile layer of soil is removed and, for instance, a mine is
operated, either the soil must be preserved or given to others
for use. The latter contains a corruption risk. Deputy Minister
of Environmental Protection Simon Papyan and Juliet Ghlichyan, a
senior official of the ministry, explained in detail that standards
of maintenance and removal of the fertile layer of soil have been
set down. But the problem is that if the head of the community or
the marzpet (the head of the regional administration), in case the
land does not belong to communities, can prove that they do not lack
fertile soil, they can give fertile soil to everyone they want. And
since in accordance with the Land Code of Armenia fertile soil is not
for sale, the head of the community or the marzpet officially will
not get anything in return for this favor, but if they need a layer
of fertile soil, there will always be another head of community or
another marzpet, who would answer their favor.

And since our officials are mainly guided by the principle "a post
stops being attractive unless you abuse it", it is beyond doubt that
the head of the community or the marzpet will give the land to those
who would have "a kind eye on them". Simon Papyan agrees that there
is such risk.

Statistics shows that fertile soil is highly demanded in Armenia:
about 70 percent of the territory of Armenia is on the verge of
erosion, the majority of land of the Ararat Valley is salinated and
unusable. Since Soviet times 7500 hectares of land is bad.

In order not to leave the responsibility for cultivation of this
land on the shoulders of the government, businesses have to present a
clear plan of cultivation of land with clear timing, and during its
economic activities it transfers money to the capital intended for
this very aim. And if this business is unable to prove that it can
provide necessary conditions for preservation of the removed layer
of fertile soil, it has to give it to someone else. In other words,
companies also need to get on well with heads of communities or
marzpets, who have a layer of fertile soil.