Claim area: HRC asks to finalize the draft law on construction sites in protected areas

The Permanent Commission on Environmental Rights under the Human Rights Council criticized the amendments to the law "On Specially Protected Natural Territories" approved in the first reading. It allows the placement of facilities there that are important for the socio-economic development of the regions, as well as defense facilities. In addition, the amendments introduce rules for the loss of protected status "for natural reasons." The HRC stated that in its current form, the bill implies the placement of any objects on the territory of protected areas, not just strategically important ones. The Ministry of Natural Resources and Environment has already partially agreed with this and promised to make amendments by the second reading. For more information, see the Izvestia article.

What concerns were expressed in the HRC

Amendments to the law "On Specially Protected Natural Territories", adopted in the first reading by the State Duma in March, still contain a number of risks. This was stated by members of the Permanent Commission on Environmental Rights of the Human Rights Council under the President of the Russian Federation (HRC) at a meeting on April 6.

The draft law allows for the placement of objects important for the socio-economic development of the region, as well as defense facilities, in the protected area. In addition, it provides for the exclusion of territories from protected areas if they lose their environmental value after an emergency or other similar impacts.

But the wording of the document is now such that almost any commercial projects, such as mining or timber harvesting, fall under them, the HRC believes. This is stated in the problem note prepared by the commission.

"In the presented version, the draft law contradicts the legislation and strategic planning documents of the Russian Federation, as well as Russia's international obligations in the field of conservation of biological diversity," it says.

According to the commission, the bill currently does not contain clear criteria of national significance. The members of the HRC are also dissatisfied with the fact that the decision on the construction of facilities on the territory of protected areas will be made by a special commission, which currently does not include independent experts in the field of nature conservation, conservation of biological and landscape diversity. There are no criteria for making such decisions.

The draft law "does not provide for any mechanisms of public participation in making decisions on the exclusion of sites from protected areas, even if this will directly affect the implementation of environmental rights of citizens. Legislative consolidation of the possibility of abolishing or seizing protected areas will greatly enhance the impact on these territories," the document says.

In the conclusion of the Public Chamber of the Russian Federation on the draft law (Izvestia has it) there are similar claims. In addition, 120 scientists, environmentalists and public figures sent a letter to the President of Russia on April 6 with a request to finalize the bill.

According to Sergey Tsyplenkov, Chairman of the HRC Commission on Environmental Rights, protected areas occupy approximately 13% of Russia's territory.

— Do these percentages hinder the economic development of our country? It's a little weird," he said.

Sergei Naidenko, director of the Severtsov Institute of Ecology and Evolution of the Russian Academy of Sciences, said that compensatory mechanisms should be added to the bill.

— If something is removed from the territory of a protected area, something should be added. But not purely mechanically, but the territory that is most suitable for this from the point of view of a comprehensive survey should be added," he said.

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What benefits do protected areas bring?

The opinion that there are thousands of kilometers of land in Russia that are not used in any way and do not generate income is erroneous, said Alexander Khoroshev, a professor at the Geography Faculty of Moscow State University.

— Protected areas were designed in such a way that they cover the territories of the watershed. These are the Caucasus, Altai, the Urals, and the Far East," he said. — It is necessary for protected areas to improve life in other territories where there are people. This is the formation and regulation of runoff, it is the possibility of diluting pollutants, reducing dangerous processes.

According to the expert, protected areas improve people's quality of life. And they bring income to the state by reducing the risks of emergencies in other areas.

— Even in Moscow, it is good that there is Losiny Ostrov and other large parks that significantly soften the climate. And in the southern cities, this is critically important," said Alexander Khoroshev.

There are many questions about the formation of the commission, said Georgy Arapov, deputy chairman of the State Duma Committee on Ecology, Natural Resources and Environmental Protection.

— There really is not a single environmental scientist, not a single specialist in the field of nature conservation. Now the commission can be headed by any deputy minister, which seems wrong to us," he said, calling for raising the commission's level to at least the deputy Prime Minister in charge of specially protected areas.

It is necessary to provide a mechanism for public participation in the fate of protected areas, Georgy Arapov is convinced.

— Sometimes it may seem that environmental requirements are annoying, but I am sincerely convinced that this is the wrong logic, — he said. — Degradation of nature is a direct economic loss. Forest destruction is a disrupted water regime, floods, and loss of fertile soils. Polluted rivers are a blow to fishing, tourism, and human health. It is both difficult and expensive to restore it.

At the same time, the HRC commission recognized the relevance of improving legislation on protected areas, and also noted the positive innovations of the draft law in the field of ensuring the needs of defense and security.

What is the position of the Ministry of Natural Resources and Environment

The bill was prepared not on its own initiative, but as part of separate instructions from the president and the government, Artur Chertov, Deputy director of the Department of the Ministry of Natural Resources and Environment, said at a meeting of the commission.

"We absolutely did not deviate from the instructions we received from the country's leadership," he said.

According to the official, facilities necessary for the country's defense and of national importance are placed on the territory of protected areas as an exception — if they cannot be built elsewhere. Also, these zones are in contact with state borders, and there must be a certain infrastructure to protect it.

According to him, the bill provides for a number of mechanisms aimed at preventing the unjustified use of protected areas.

— The level of the commission will definitely be raised to its leadership by the Deputy Prime Minister, - promised Arthur Chertov. — Representatives of the Russian Academy of Sciences will be included in the members of the commission.

The explanatory note to the draft law (it was introduced by the government) states that amendments are necessary due to the lack of a mechanism "for making decisions on the use of protected areas for the development of individual regions." The document notes that measures will be provided to eliminate or minimize damage to nature. In addition, the placement of objects on the territory of protected areas will not be widespread, follows from the explanatory note.

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What are environmentalists afraid of

The draft law, which was approved by the State Duma, threatens to destroy Russia's unique nature reserve system, ecologist Roman Pukalov believes.

"There are tidbits there that gold miners are very actively looking for," he told Izvestia. — At the same time, the existing reserves have never presented any special obstacles for the border guards and the Ministry of Defense.

He also recalled that when it was necessary to cut down zones for laying a second railway line along the BAM River in the protected Baikal territory, there were also no problems.

— That is, now there is no outright ban on the use of natural territories, — the expert noted. — Over the past few years, this is the fifth or sixth attempt to disrupt nature reserves. Changes may be required if, for example, a military facility needs to be installed in a natural area. But then, as compensation, the reserve should be given no less valuable and no less than the area of the territory.

The main problem is that the bill provides for the possibility of placing absolutely any objects on the territory of nature reserves and national parks, Mikhail Kreindlin, an expert at the Permanent Commission on Environmental Rights of the Human Rights Council, a member of the interregional public organization Expert Council on Conservation, told Izvestia.

— If it is an object related to defense and security, there are no questions here. But it can also be, for example, gold mining in the Yugyd Va National Park in Komi, Russia's first northern natural heritage site. Commercial structures have been seeking the right to mine gold there for a long time.

Kreindlin did not rule out that after the adoption of amendments to the law, attempts may be made to build ski resorts in the Caucasus Nature Reserve.