Case status: Findings adopted on 24.07.2021 – No non-compliance found; see para. 10 of Decision VII/8 on general issues of compliance.
Follow-up: -
Topics: Access to justice.
Articles alleged: 2 (2) (a), 2 (2) (b); 3 (1); 6 (2) (c) and 6 (8); 9 (2), 9 (3).
Articles considered by the Committee: 6 (1) (a); 9 (2), 9 (3).
Articles, if any, found in non-compliance: -
Summary: On 21 February 2016, environmental non-governmental organization Ecological Right submitted a communication to the Compliance Committee alleging non-compliance by the Party concerned with the Convention in connection with its alleged failure to ensure access to justice for environmental NGOs with respect to the environmental impact assessments for the Amulsar open-pit mine. More specifically, the communicant alleged that the Party concerned failed to comply with its obligations under articles 9 (2) in conjunction with 2 (2) (a), 6 (2) (c) and (8); articles 9 (3) in conjunction with 2 (2) (b) and 3 (1) of the Convention in connection with the Amulsar open-pit mine.
| Documents | Status | Date received or posted by the secretariat |
|---|---|---|
|
Annex 1: Extract of the Decision of the Administrative Court of 09 April 2015 ENG |
From the communicant | 21.02.2016 (dated 10.02.2016) |
| Letter to communicant enclosing the Committee's preliminary determination on admissibility | From the secretariat | 27.09.2016 |
| Letter to Party concerned enclosing the Committee's preliminary determination on admissibility and forwarding the communication for the Party concerned's response | From the secretariat | 27.09.2016 |
| Response to the communication | From the Party concerned | 28.02.2017 |
| Comments on the response | From the communicant | 21.05.2017 |
| Letters to Party concerned and communicant seeking their views on whether a hearing is needed | From the secretariat | 23.05.2018 |
| Comments on whether a hearing is needed | From the communicant | 08.06.2018 |
| Letter enclosing questions from the Committee to the parties and inviting any further written submissions | From the secretariat | 14.10.2019 |
| Reply to Committee's questions | From the communicant | 09.11.2019 |
| Reply to Committee's questions | From the Party concerned | 19.01.2020 |
| Request to the communicant for English translations of relevant documents | From the secretariat | 16.11 2020 |
| Email enclosing judgment of the Administrative Court of 9.04.2015 ENG | From the communicant | 23.01.2021 |
| Draft findings and letters to the Party concerned and communicant inviting their comments | From the secretariat | 14.06.2021 |
| Findings ENG FRE RUS | 24.07.2021 |