The GoG takes advantage of the emergency situation and issues licenses without public discussions

Reginfo.ge 

The Government of Georgia takes advantage of the emergency situation and makes environmental decisions about more than 20 projects without public discussions. Among those projects is the construction of the roundabout motorway to Abastumani, which runs through the Borjomi-Kharagauli protected area and Emerald Site. The roundabout is a part of the wider project initiated by the former PM Bidzina Ivanishvili, which aims to transform Abastumani and is supported by the state institutions. 

For the prevention of the spread of the COVID-19 and for the reduction of the risk to lives of population, on March 21, 2020 the GoG announced the state of emergency in the entire territory of the country.

On March 23, the GoG released an Ordinance # 181, which regulates administrative proceedings of administrative bodies and issuance of public information by them (Article 13). 

Three days later, on March 26, the Ordinance was amended and Article 13 was added to it, which determines the rules about environmental issues. Namely, according to the amendment, the Ministry of Environmental Protection and Agriculture will finalize the administrative proceedings on issuing the scoping conclusions and environmental decisions without public discussions.

Executive director of the association Green Alternative Nino Gujaraidze said instead suspending the decision-making process before the emergency situation is over, the Government continued discussion of the projects through significant restriction of the public engagement in public discussions. 

Georgian Young Lawyers’ Association clarified that with the March 26, 2020 amendments into the Government’s Ordinance the rights of the citizens to take part in the discussions about environment protection and environmental issues guaranteed under the Article 29 of the Constitution of Georgia is violated. This right cannot be restricted during the emergency situation based on the Article 71 of the Constitution – consequently the introduced amendments contradict the Constitution. 

Green Alternative and the GYLA believe that the amendment in the Government’s ordinance was introduced to simplify the decision-making process on problematic projects. 

“None of the projects which are submitted to the Ministry by now were so urgent that it was impossible to suspend the decision making process during the state of emergency. 

It is also noteworthy that in the case of particular emergency, the Environmental Code of Georgia entitles the Ministry and the Government to discharge the planned activities from the obligation to conduct the environmental impact assessment; however, in these circumstances, the authors shall verify the urgent necessity of the implementation of the activities. None of the authors of the abovementioned projects applied the Ministry to use the mentioned procedures. 

Why the GoG and the Ministry of Environmental Protection and Agriculture decided to temporarily amend the determined procedures particularly when the decisions about the projects were made with minimal engagement of the society. 

The road department, which is implementing the project of the Abastumani roundabout, petitioned the Ministry on March 24, when the state of emergency was already declared and special rules were determined. On March 26, the GoG amended the ordinance (annulled public discussions); on March 27, the Ministry published the report on the environmental impact assessment of the project on its website and invited interested parties to submit written remarks. On April 3, the Ministry announced that the project will not be discussed publicly.

It is important to note that the Ministry of Environment Protection and Agriculture issued the scoping conclusion on March 6, 2020. 18 days later, on March 24, the road department presented the environmental impact assessment report to the Department and requested to make decision, the final stage. 

Apparently, based on the scoping conclusion, the road department, within 18 days, conducted the survey which, considering the overall practice, requires 6 months averagely but in case of large projects it may last several years. 

It is interesting that the road department hired consultation company Gama Consulting, which has been criticized even by those citizens, who are under the influence of the projects and field experts because of poor quality environmental impact assessment surveys. 

The abovementioned circumstances raise serious doubts that urgent rules of administrative proceedings were introduced to simplify the decision-making process about the problematic projects, like Abastumani roundabout. Moreover, the GoG took advantage of the emergency situation in the country to achieve that,” the statement of the GYLA and the Green Alternative reads. 

According to the Ministry, although the public discussions were cancelled, the society still has opportunity to participate in the decision-making process by presenting their opinions online or in written forms.

Green Alternative and GYLA believe that people cannot present their opinion without getting properly informed. The Environmental Code regulates possibility of informing society about scheduled projects even during the emergency situation.

The CSOs call on the GoG to amend the provision of the Article 13 Paragraph 5 of the Ordinance N 181 and suspend the administrative proceedings until the state of emergency is over.