Armenian Ecologists Intend to Apply to Const. Court for AARHUS Conv.

ARMENIAN ECOLOGISTS INTEND TO APPLY TO CONSTITUTIONAL COURT FOR
APPLICATION OF AARHUS CONVENTION IN ARMENIA

Yerevan, April 28. ArmInfo. The Government of Armenia does not fulfill
the provisions of the International Aarhus Convention, and Armenian
ecologists are ready to apply to the Constitutional Court to make the
authorities apply the convention, Armenian ecologists and lawyers said
at a press conference, Friday.

Thus, according to Vice President of Armenian Botanical Society Gohar
Oganezova, recently the Secretariat of the UN Economic Commission for
Europe Convention on access to information, public, participation in
decision-making and access to justice in environmental matters, known
as Aarhus Convention, has confirmed the given fact. The government
fully ignores the right of the public to participate in
decision-making on specific types of activity. This fact neutralizes
the public influence on adoption of ecologically important decisions
by government bodies. Meanwhile, de-jure recognition of Aarhus
Convention provides for recognition of the importance of open activity
of government bodies. While, in Armenia the public is often informed
last about regular claims for green areas, she said.

In her turn, Representative of Transparency International Regional
Development Center Sona Ayvazyan said a number of environmental
organizations of Armenia tried to protect the “Dalma Gardens” against
claims in the court, however, the legislation of Armenia has many
loop-holes and the government takes advantage of them. The last
instance they applied was the Court of Cassation. The latter rejected
their application stating that “the violations in the case of ‘Dalma
Gardens’ are not subject to consideration.” The given response
testified to the weak mechanisms of control over fulfillment of the
legislation and the insufficient preparedness and awareness of the
persons making decisions in the sphere of ecology, S. Ayvazyan
said. “Access to justice is secured just formally in Armenia, whereas
it is almost impossible to win any legal case on protection of the
citizens’ ecological rights,” she stressed.

To note, ratification of Aarhus Convention by Armenia in 2001 was to
regulate the procedural issues connected with public access to
information, public, participation in decision-making and access to
justice in environmental matters.