The problem of pollution of transboundary rivers in Karabakh. Are there ways to solving it?

The risks of pollution of transboundary rivers in Karabakh by Armenian mining companies continue to worry the public of our country. How justified is this concern? Here are a number of reasons/factors that clearly explain the concern of the Azerbaijani public:

1. Mining extraction of minerals all over the world is accompanied by a very significant negative impact on the environment. Armenia is no exception;
2. Protests by environmental organizations in Armenia and the population living in the area of ​​​​mining enterprises;
3. Armenia remains a non-joining country to the UN International Convention on the Protection and Use of Transboundary Watercourses and International Lakes;
4. Low level of transparency of mining companies operating in Armenia;
5. The proximity of Armenian mining enterprises to Karabakh (maximum several tens of kilometers);
6. The appeals of the NGO coalition “Environmental Protection is First” created last year to companies and civil society in Armenia remain unanswered;
7. The return of internally displaced persons from Karabakh to their native places.

Let us consider these reasons/factors in more detail.

1. Risks associated with mining

World experience in mining ore minerals convincingly shows a very significant negative impact of the corresponding processes of ore extraction and processing on the environment. The main types of negative impact on the environment are:

1. Significant disturbance of landscapes and ecosystems as a result of blasting operations and quarrying. Such disturbances to the landscape are usually irreparable;
2. Disruption of the water balance in the area of ​​ore mining;
3. Reduction of biological diversity;
4. Pollution of water resources as a result of drainage of mine waters containing heavy metals, acids and other pollutants;
5. Air pollution (dust emissions containing heavy metals and toxic substances, as well as emissions of radon and greenhouse gases and other harmful compounds during fuel combustion and blasting operations);
6. Soil pollution as a result of penetration of heavy metals and other toxic substances into its deep layers;
7. Noise and vibration pollution, creating discomfort for people living nearby and negatively affecting animals and birds;
8. Risks of collapses, landslides and ruptures of tailings storage facilities for toxic substances.

How far does environmental pollution spread around an operating mining company? What is the radius of environmental pollution around a mine? Many studies have been and are being conducted around the world on this issue. The results of these studies, of course, are not identical, everything depends on a specific deposit, its development technology, the scale of production, the environmental culture of the company, the reaction of the local population, the activity of environmental organizations, control over development by the government of the country and other factors. The author of this article, in preparing it, reviewed dozens of publications on environmental pollution as a result of the development of a number of well-known mines around the world. Among them are the copper-nickel mines in Norilsk, the Grasberg copper-gold mine in Indonesia, the Chuquicamata copper mine in Chile, the Bingham Canyon copper mine in Utah in the USA, the Carajas iron ore complex in Brazil and other well-known mineral mines. All these mines have a catastrophic negative impact on the environment within a radius of 30-100 km.

Of the eight types of risks associated with the extraction of ore minerals listed above, water and air pollution are not local in nature and can spread over very significant distances (many tens of kilometers).

As is known, two rivers flow into Karabakh from Armenia: Okhchuchay (in Armenia the name of the river is Vokhchi) and Bargushad or Bazarchay (in Armenia the name of the river is Vorotan).

The Okhchuchay River originates in the Zangezur Mountains (Mount Gapychyg, 3285 m.) in the Kapan region of Armenia, then flows through the territory of the Syunik region and then through the territory of the Zangelan region of Azerbaijan. It flows into the Araz River. The area of ​​the river basin is 1140 sq. km. The length of the river is 85 km.

The Bargushad (Bazarchay) River originates in the Zangezur Mountains from Lake Zalkha at an altitude of 3040 m. The length of the river is 178 km. In Azerbaijan, it flows through the territory of the Gubadli region. The area of ​​the river basin is 2711 sq. km.

In the basin of the Okhchuchay River in Armenia, the Shaumyan, Khankasar, Meghasar gold and polymetallic mines, the Sebetkechmez gold mine, and the Gacharan copper and molybdenum mine operate.

In addition to the two rivers mentioned, the ecological situation in Karabakh can be affected by six rivers flowing from the Syunik region and flowing into the Araz River bordering Iran, which then flows along the border with Iran in the Zangelan, Jebrail and Fizuli regions liberated from occupation .

Of the 11 rivers flowing into the Araz River on the territory of the Nakhichevan Autonomous Republic, two rivers: Arpachay and Jakhrichay originate in Armenia and are also subject to the risks of pollution by Armenian mining companies.

According to the EITI report of Armenia[1], the extraction and processing of ores of various metals in the Syunik region is carried out by the following 12 companies:

1. “Chaarat Kapan” CJSC (Shahumyan mine; ores containing gold, silver, copper, zinc and lead);
2. “Geghi Gold” LLC (Voskedzor mine; ores containing gold, silver, copper, zinc and lead);
3. “Gharagulyanner” CJSC (Vardanidzor mine; ores containing gold, silver, copper, zinc and lead);
4. “At-Metals” LLC (Meghrasar mine; ores containing gold and silver);
5. “Ler-Ex” LLC (Hankasar mine; ores containing copper and molybdenum);
6. “Agarak Copper-Molybdenum Combine” CJSC (Agarak mine; ores containing copper and molybdenum);
7. “Zangezur Copper-Molybdenum Combine” CJSC (Kajaran mine; ores containing copper and molybdenum);
8. “Active Lernagorts” LLC (Aygedzor mine; ores containing copper and molybdenum);
9. “Lichkvaz” CJSC (Lichkvaz-Tey mine; ores containing gold, silver and copper);
10. “Molibdeni Ashkharh” LLC (Dastakert mine; ores containing copper and molybdenum);
11. “Tatstone” LLC (Lichk copper mine; ores containing copper);
12. «Marjan Mining Company» LLC (Marjan gold-multi-metal mine; ores containing gold, silver, copper, zinc and lead).

The work of these companies is accompanied by risks of water pollution[2], and therefore, negative impact on the regions of Karabakh. According to publications in the Armenian media, the Okhchuchay River is particularly at high risk of pollution.

2. Protests of environmental organizations in Armenia and the population living in the area of ​​operation of mining enterprises

There are a lot of publications on this issue in the Armenian media. You can read these articles on the website of the Coalition of Azerbaijani NGOs “Environmental Protection is First”[3]. An analysis of these publications shows that, as a rule, companies respond to these articles and protests of the local population and, also, environmental organizations, hold meetings with them and somehow relieve tension in relations with the protesters. Most often, this is achieved by compensating the population for damage or eliminating the obvious causes and consequences of environmental pollution. Companies also invest in local community development projects and in solving various social problems (financial assistance to disabled children, construction or repair of schools and preschools, financing of health centers, etc.). In addition, companies make certain payments (land lease and other types of lease, transport tax, real estate tax) to local community budgets. Donations and gifts to local communities and individuals are also in the practice of mining companies. In 2020 and 2021, these payments amounted to 3.7 billion drams and 2 billion drams, respectively. Various foundations and NGOs also receive financial support from mining companies. In 2020-2021, foundations alone received financial assistance in the amount of 10.6 billion drams. Among these foundations are: Hayastan All-Armenian Fund, RA Syunik Development and Investment Fund, Crominat Charity Foundation, “My Step” Foundation, etc. During this period, various NGOs received financial support for projects in the amount of about 902 million drams. Religious institutions received financial assistance in the same period in the amount of 78 million drams. Assistance was also provided to a number of museums and healthcare institutions.

General information on all these payments by companies to the local population and grants to public organizations can be found in the annual EITI report for 2022[4] and also in the media. The said report contains the following conclusion: “... payments by mining companies to community budgets play a significant role in their development.”

But mining is such that restoring the original natural environment is simply impossible. Today and now, one can solve this or that problem with pollution or protests by the population, but there will be no return to the original state of nature. Moreover, the situation is aggravated by the fact that the territory of the country is small. In Russia, you can turn over a thousand mountains, and no one will notice, but in small Armenia, even one mountain demolished by the excavator buckets of a mining company immediately becomes the subject of public attention and concern. But the above-mentioned compensation for damage, payments to local community budgets, gifts of various kinds, financing of projects of a number of funds, religious and cultural institutions solve the problems of public discontent.

3. Armenia remains a non-acceding country to the UN Convention on the Protection and Use of Transboundary Watercourses and International Lakes

According to the UN, 153 three countries in the world use transboundary water resources, such as rivers that flow through several countries. About three billion people live directly in river basins located on the territory of several states. Therefore, the joint use of transboundary water resources is an issue of relevance to all of humanity[5].

Azerbaijan is a party to this Convention[6]. Armenia's accession to this Convention can play a very important role in reducing the risks of pollution of rivers flowing into the territory of Azerbaijan. Since, according to the Convention, Armenia and Azerbaijan will have to establish a joint body, the tasks of which will be as follows (Article 9 of the Convention)[7]:

• a) collection and assessment of data in order to identify sources of pollution that may have a transboundary impact;
• b) development of joint programs for monitoring the quality and quantity of water indicators;
• c) compilation of a register and exchange of information on sources of pollution;
• d) Developing emission limits for wastewater discharges and evaluating the effectiveness of pollution control programmes;
• e) Developing common quality objectives and criteria and, where necessary, improving existing water quality;
• f) Developing concerted action programmes to reduce pollution loads from both point sources (e.g. municipal and industrial sources) and diffuse sources (especially agricultural);
• g) Developing and implementing warning and alarm procedures;
• h) Acting as a forum for the exchange of information on existing and planned uses of water and related installations that may cause transboundary impact;
• i) Promoting cooperation and the exchange of information on best available technologies and facilitating cooperation in research programmes;
• j) Participating in the implementation of environmental impact assessments for transboundary waters on the basis of relevant international standards.

Article 16 of the Convention contains rules on informing the public. According to this article, the Parties shall ensure that the public is informed about the condition of transboundary waters, measures taken or planned to prevent, control and reduce transboundary impact, and the effectiveness of these measures. To this end, the Riparian Parties shall ensure that information is made available to the public on:

• a) water quality objectives;
• b) permits issued and the conditions to be met;
• c) the results of water and effluent sampling carried out for monitoring and assessment purposes, as well as the results of verification of compliance with water quality objectives or permit conditions.

Riparian Parties shall ensure that the public is able to inspect this information free of charge within a reasonable time for verification purposes and shall provide members of the public with practical means of obtaining copies of such information from the Riparian Parties upon reasonable payment.

4. Low level of transparency of mining companies operating in Armenia

The RA Government Resolution No. 191-N134 of February 22, 2018 established the requirements for environmental monitoring to prevent losses, degradation and irreversible impact on the environment as a result of mining operations, as well as the procedure for submitting quarterly and annual reports on the monitoring results, which mining companies are required to submit to the Ministry of Environmental Protection of Armenia[8].

Environmental monitoring is an activity to assess the impact of mining operations on the environment, assessed in accredited laboratories that have the appropriate certificates. The monitoring plan covers control over all components of the environment - soil, atmosphere, surface and groundwater, flora and fauna.

According to the current regulations, monitoring results must be submitted by companies to the Ministry of Environmental Protection quarterly and annually. The consolidated annual report must be submitted in electronic or written form by February 20 of the year following the reporting year. Quarterly reports are summarized and posted on the official website within 10 working days. Once every 5 years, mining companies are required to re-approve the monitoring plan and monitored indicators of the state of the environment as a result of mining activities.

Annual reports must also be posted on the websites of mining companies. However, not all mining companies have websites. Only three companies out of 26 have their own web pages. These are the following companies:

1. “Lydian Armenia” CJSC[9] ;
2. “Teghout” CJSC[10] ;
3. “Zangezur Copper-Molybdenum Combine” CJSC[11] ;

In 2020, only 7 out of 26 mining companies participating in the EITI, and in 2021, only 6 out of 24 reporting EITI companies submitted an environmental monitoring report[12] .

5. The activities of Armenian mining companies are carried out at a distance of a maximum of several dozen kilometers from the Karabakh border

The Syunik region of Armenia is an elongated strip about 40 km wide in the south-eastern direction. And this small territory, adjacent to the Eastern Zangezur of Azerbaijan, is full of mining operations, fraught with pollution of the rivers flowing from this region to the territory of Azerbaijan, where tens of thousands of internally displaced persons are returning to their native lands. And their number will increase to several hundred thousand in the next decade. Clearing these territories of mines and restoring all living conditions have not yet been completed.

6. The appeals of the NGO coalition “Environmental Protection is First”, created last year, to companies and civil society in Armenia remain unanswered

The coalition was created in the summer of 2023 with the participation of 4 non-governmental organizations of Azerbaijan[13]:

• “Experts in the field of water use”;
• “Health Service”;
• “Environmental awareness and monitoring”;
• “Fund for the promotion of entrepreneurship and market economy”.

The purpose of the coalition is to establish public control over the cleanliness of transboundary rivers and water bodies. Today, about 20 public associations are members of this coalition.

Over the past period, the coalition and its members have repeatedly made various statements. They can be found on the coalition's website[14] .

A number of the coalition's statements include appeals to public organizations of Armenia, expressing their readiness to cooperate in monitoring the cleanliness of transboundary rivers[15]. None of the environmental organizations in Armenia responded to this proposal. The reason is the fear of being accused of betraying Armenia's national interests. By the way, a number of such accusations can be found on the pages of Armenian media.

There are also calls for mining companies to disclose the results of the EIA[16]. And these calls for cooperation have remained unanswered.

7. Return of IDPs from Karabakh to their Homelands

The process of returning IDPs to their homelands (in the vast majority of cases, barbarically destroyed) has begun. The speed of this process depends mainly on several factors: 1) demining of the territories liberated from occupation; 2) restoration and development of transport infrastructure; 3) restoration and development of public utility networks; 4) the progress of construction of houses for IDPs; 5) restoration of state and municipal institutions for the life support of the population.

According to the "First State Program of the Great Return to the Territories of the Republic of Azerbaijan Liberated from Occupation"[17], by the end of 2026 it is planned to ensure the return of 34,500 families to their homelands, i.e. about 130 thousand people. And they, along with other conditions for normal living, must be provided with a safe ecological environment. And this, first of all, requires the safety of water resources, and in particular, the rivers flowing from Armenia.

RECOMMENDATIONS

1. It is important that Armenia ratifies the UN Convention on the Protection and Use of Transboundary Watercourses and International Lakes. There is confidence that after the signing of the peace treaty, the government of Azerbaijan will insist on Armenia's accession to the said Convention and the creation of a joint body for the implementation of Article 9 of the Convention among the first issues to be agreed upon with Armenia;

2. It is important for civil society organizations in Azerbaijan to continue their efforts to establish constructive cooperation with Armenian civil society organizations in the field of joint monitoring of the environmental situation in a strip of agreed width (say, 30-40 kilometers wide) on both sides of the state border between the countries. The width of the strip can be agreed upon in an intergovernmental agreement;

3. It is important to strengthen the environmental requirements of the EITI Standard. In June of this year, a regional conference was held in Baku with the participation of representatives of a number of countries participating in the EITI, dedicated, among other things, to this issue. Based on the results of the discussions, a number of recommendations were developed to strengthen the environmental requirements of the EITI Standard, which were subsequently presented to the EITI Board.

[1] https://eiti.org/sites/default/files/2023-02/2020-2021_EITI_Report_Armenia%20%28EN%29.pdf

[2] https://www.ecolur.org/ru/news/water/12-rivers-and-tributaries-in-syunik-region-have-worst-pollution-class-5-because-of-mining-photos/8388/

[3] https://www.epfcoalition.org/articles

[4] https://eiti.org/sites/default/files/2023-02/2020-2021_EITI_Report_Armenia%20%28EN%29.pdf

[5] https://news.un.org/ru/story/2023/03/1439047

[6] https://www.un.org/ru/documents/decl_conv/conventions/watercourses_lakes.shtml

[7] https://www.un.org/ru/documents/decl_conv/conventions/watercourses_lakes.shtml

[8] https://eiti.org/sites/default/files/2023-02/2020-2021_EITI_Report_Armenia%20%28EN%29.pdf

[9] https://www.lydianarmenia.am/?lang=eng

[10] https://teghoutmining.am/en/

[11] http://zcmc.am/

[12] https://eiti.org/sites/default/files/2023-02/2020-2021_EITI_Report_Armenia%20%28EN%29.pdf

[13] https://www.epfcoalition.org/about-us

[14] https://www.epfcoalition.org/statements

[15] https://apa.az/xarici-siyaset/environmental-protection-first-koalisiyasi-amuldag-qizil-yataginda-monitorinq-aparmaga-hazirdir-beyanat-815511

[16] https://en.apa.az/social/epf-coalition-calls-on-armenian-mining-sector-to-make-the-full-content-of-their-eia-documents-public-423515

[17] https://static.president.az/upload/Files/2022/11/16/684ee22fe084374048c16462cebd38d6_7935336.pdf