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Traditions regulating impacts on biodiversity date from ancient
times in Armenia. For example, as early as the 4th Century
decrees were in place to prevent illegal tree felling. During
the Soviet era, a number of laws relating to biodiversity
conservation were adopted across all the States. Following
independence in 1991, environmental legislation was reviewed
in Armenia, with the aim of developing a more comprehensive
State policy towards ecological protection and sustainable
use.
National legislation relating to biodiversity
In the past decade, a series of new laws have been developed,
including regulations relating to protected areas (1991),
a land code (1991) and a forest statute (1994). A law relating
to the protection of flora and fauna is currently being prepared
by the initiative of the Ministry of Nature Protection, and
this will be reviewed by NGOs and scientific institutions.
Key laws relating to biodiversity are explained in more detail
below.
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Key laws
and regulations relating to biodiversity conservation
and natural resource use in Armenia
· Law on Principles of Environmental Protection
(1991)
· Law on Protected Areas (1991)
· The Land Statute (1991)
· The Water Statute (1992)
· Law on Protection of the Atmosphere and Air
Quality (1994)
· The Forest Statute (1994)
· Law on Environmental Impact Assessment (1995)
· Government decree on Fishing activities in
Lake Sevan (1996)
· Law on Nature Protection and Payments for
Use of Natural Resources (1998)
· Law on Flora (draft)
· Law on Fauna (draft)
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The Forest Statute regulates
the protection and use of forest, including the conservation
of biodiversity within such areas. The statute stipulates
that all the forests are State property, and the government
is responsible for their use. However, the economic situation,
including private land ownership, is not addressed by these
regulations, and thus the development of forest-based enterprises
by the private sector or local communities are prohibited.
The Forest Statute is currently under revision by the Ministry
of Nature Protection. This document is aimed at regulating
relations with respect to biodiversity conservation, protection
and regeneration.
The Law on Protected Areas outlines
procedures for the establishment and management of protected
areas and their relationships with other sectors. Under this
law, State Reserves, State Conservation Areas, National Parks
and Natural Monuments are considered as protected areas. The
Law on Protected Areas is based on those developed elsewhere
in the former Soviet Union, and does not account for the changing
socio-economic and political situation, particularly with
regard to land privatisation and the establishment of the
private sector. A number of issues need to be clarified under
the existing law, particularly the rights and responsibilities
of public and private sectors, and the role and participation
of local communities and NGOs in protected areas. In addition,
clear plans for conservation regimes and opportunities for
sustainable use are not included in this law, and the status
of different protected areas is not considered. The current
system is restrictive and might benefit from a broader range
of types of protected areas being recognised.
The Draft Laws on Flora and Fauna
are being developed to provide scientifically determined regulations
on the conservation, management and regeneration of natural
populations of plants and animals. These laws will regulate
both the conservation and use of many wild species.
The Law on Nature Protection and
Payments for Use of Natural Resources defines payments
made for use of biological and natural resources, including
who needs to pay, types of payments, levels and methods of
payment, and mechanisms to deal with violation of this law.
This law was only adopted at the end of 1998, and specific
regulatory acts have not yet been developed.
International conventions
During the 1990s Armenia has joined a number of international
conventions which relate to biodiversity conservation:
· Convention on Wetlands of International Importance
Especially as Waterfowl Habitat (Ramsar Convention, 1971).
Armenia ratified the Ramsar Convention in 1993, however
despite the international importance of Lake Sevan and Lake
Arpa, little has been done to implement this convention.
· Convention on Biological Diversity (UNCBD, Rio
de Janeiro, 1992). This convention was ratified by Armenia
in 1993, and the first stage of implementation is currently
being undertaken including the production of the first National
Report earlier in 1999, along with the development of this
National Biodiversity Strategy and Action Plan to meet reporting
requirements to the convention.
· Convention concerning the Protection of the World
Cultural and Natural Heritage (World Heritage Convention,
Paris, 1972). This convention was ratified in 1993, however
there is little available information on its implementation.
· Convention to Combat Desertification (UNCCD, Paris,
1994). The UNCCD was ratified by Armenia in 1997. A project
is currently being developed to meet obligations under this
convention.
· Framework Convention on Climate Change (UNFCCC,
Rio de Janeiro, 1992). The UNFCCC was ratified by Armenia
in 1993, and production of a Country Study on Climate Change
is underway.
In addition, Armenia has signed the Convention on Access
to Information, Public Participation Decision-Making, and
Access to Justice in Environmental Matters in 1998, but
has yet to ratify it. Three further international conventions
relate to biodiversity conservation, and Armenia has not
yet acceded to these.
· Convention on International Trade in Endangered
Species of Wild Fauna and Flora (CITES, Washington 1973).
· Convention on the Conservation of Migratory species
of Wild Animals (Bonn Convention, 1979).
· Convention on the Conservation of European Wildlife
and Natural Habitats (Bern Convention, 1979).
A range of laws and regulations exist in Armenia which relate
to the conservation and sustainable use of biodiversity. However,
many of these laws are not effective, and cannot be enforced
at present. Several of the laws are now out-dated, and would
need revision to be brought into line with current economic
and social changes in Armenia, including land privatisation.
A number of key laws relating to use of biological resources
have still not been adopted (such as the laws on fauna and
flora), and there is currently no legislation regulating biosafety
or ecotourism. Many of the laws do not correspond to international
standards, and there are still a number of international biodiversity-related
conventions to which Armenia doe not yet belong.
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