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The information issued by Enka about the termination of the contract of Namakhvani HPP immediately requires an explanation from the government authorities about its content, conditions, and terms. If the cabal contract of the Namakhvani HPP project is terminated, it will be a success of solid public protest and resistance, which will set a crucial precedent for changing the malpractice of processing such negotiations behind closed doors in the future.
The public also needs to know the government's position on whether it retains an interest in implementing the project and whether it plans to attract new investment for its completion. The permits issued for the project are still valid and the possibilities for its implementation still exist.
It is too early for us to assess the subject matter of the dispute and its possible consequences, but in this dispute, the issue of the Namakhvani HPP contract and the assessment of the environmental decision by a third, independent party, the Energy Union, is of particular importance. It is important for us to maintain the mediation format organized by the Energy Community and to successfully complete the process of evaluating both the Namakhvani Agreement and the positive environmental decisions issued on Namakhvani.
We believe that the outcome of all the litigations initiated by non-governmental organizations against the state due to unjustified and illegal decisions made by state agencies will be of special importance in this arbitration dispute. We and our partner organizations have no plans to withdraw our lawsuits concerning a construction permit or EIA decision. Also, our organization will not terminate the dispute against the Ministries of Finance and Economy of Georgia on requesting the disclosure of confidential information. It is still problematic that the Technical and Construction Supervision Agency did not respond to Enka's violations and did not produce inspection protocols, the environmental inspection was delayed and the results of the re-inspections carried out after January are still unknown.
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