Human Rights Education and Monitoring Center (EMC) filed a complaint with the court on behalf of local population of Pankisi Gorge. In the complaint, revocation of the permit for planned construction of the hydroelectric station – “Khadori 3” by Ltd “Alazani Energy” in the village of Birkiani, on the river Alazani, and as an interim measure, timely suspension of ongoing construction process are requested. Applicants in the case point to high risks of damaging unique ecological system and social environment in case of construction of the third hydroelectric station and deem the decision of construction of additional stations in the gorge contrary to public and vital interests of the local community. The complaint is presented against the City Hall of Akhmeta Municipality and the Ministry of Environment Protection and Agriculture of Georgia.

The applicants learned about the construction of “Khadori 3” near the village of Birkiani when the construction works had already started. Before that, they did not have the opportunity to be informed about construction process of the station through various public sources and accordingly, could not participate in public discussions regarding the construction of hydroelectric stations.

The construction permit issued for building hydroelectric station –“Khadori 3” is unlawful, for several reasons, among others:

• Akhmeta Municipality issued construction permit for the station (the second stage), when still the Ministry of Environment Protection and Agriculture of Georgia, according to legislation, had not prepared the ecological expert opinion regarding construction and exploitation of hydroelectric station, which is an obligatory precondition for the construction permit.
• The ecological expert opinion prepared by the Ministry of Environment Protection and Agriculture of Georgia does not respond to criteria foreseen for construction of such buildings, among others does not thoroughly examine potential effects on the existing environment in case of construction works on the territory foreseen in the plan, which represents a serious breach of law, among others: 1. Environmental Impact Assessment (EIA) report does not contain information about alternatives of the technology to be used in the planned activities. Furthermore, EIA report does not appropriately assess ecological, social and economic consequences of the planned activities. Assessments in the EIR report about effects on land property and its exploitation, as well as on employment are general and unsubstantiated; EIA report does not present detailed studies on essential issues, which is both confirmed by statements in the report and the ecological expert opinion itself. Ecological expert opinion foresees conduct of relevant research 6 months after the opinion is issued, while according to legislation, for issuing a positive conclusion, EIA report already had to include detailed description of that research results;
• Significant part of risk assessment research/description in the EIA report is copied from EIA reports prepared for construction of other stations. For instance, important issues, such as cumulative impact, effects on biological environment, social and economic environment, effects on water quality are presented without further research.

In view of close economic and social ties of Pankisi Gorge dwellers to river Alazani and adjacent nature, construction of hydroelectric station “Khadori 3”, agreed in accordance with challenged legal acts and in violation of law, will cause irreversible damage to applicants and general population of the Gorge. The issue of drinking/irrigation water coming from river Alazani, is particularly painful for applicants and other dwellers of Pankisi Gorge, as due to conveying major part of water from Alazani River in pipes, the water/irrigation supply will be under substantial risk. The construction of hydroelectric station, among others, endangers a distinctive feature of local ecosystem, the nature reserve of Batsara-Babaneuli, several meters away from the territory where construction of the station is planned. It has to be noted, that income of local population is substantially related to tourism, and damage to unique ecological environment of the gorge will adversely affect economic development of the region. Population of the Pankisi Gorge is also concerned that the construction of several more hydroelectric stations is planned, which will make the damage even more irreversible, particularly in view of the population’s awareness of the damage inflicted by the same company in other gorges, for instance, as a result of construction and exploitation of Dariali hydroelectric station.

EMC essentially bases its legal action on critical assessment of EIA report on construction of hydroelectric station “khadori 3” prepared by Green Alternative. In the future, organization will also present additional expert conclusions before the court.

EMC believes that fight of the local community for the ideas of environment protection and social justice is a significant process and expresses solidarity towards it.

Considering the high public interest in the case, EMC will keep the public informed of significant developments in the court proceedings.

Share