The ecological society “Green Salvation” presents “Results of monitoring of national parks of the Almaty region for 2022-2024”.  This publication is a continuation of publications under the general title “Results of monitoring of national parks of the Almaty region” for 2017, 2018, 2019, 2020-2021. The organization has been monitoring for more than eighteen years.

The purpose of monitoring is to assess to what extent the maintenance and use of national parks resources correspond to the public interest and the objectives of the UN Decade on Ecosystem Restoration. The United Nations General Assembly proclaimed “2021-2030 the United Nations Decade on Ecosystem Restoration to call for the protection and revival of ecosystems all around the world, for the benefit of people and nature. It aims to halt the degradation of ecosystems and restore them as well as conserve the ecosystems that are still intact. Only with healthy ecosystems can we enhance people’s livelihoods, counteract climate change, and stop the collapse of biodiversity.”

Monitoring tasks:

— collection of reliable information: photographs, maps, documents and other materials;

— analysis of legislation and development of recommendations for its improvement;

— analysis of the country’s compliance with international conventions;

— implementation of practical actions necessary to improve the situation and eliminate identified violations.

The focus is on the Ile-Alatau National Park. It is of invaluable importance for mitigating the effects of climate change, preserving the region’s biological diversity, preserving and reproducing water resources, and ensuring the health and well-being of residents of the significantly expanded Almaty agglomeration. The publication includes information on the Charyn, Altyn-Emel, and Kolsai Lakes national parks. Materials related to the legal situation in the Sairam-Ugam National Park were used to analyze Kazakhstan’s compliance with international conventions.

The authors did not intend to describe all events that occurred during the period covered. The main task was to analyze the facts, on the basis of which it is possible to identify trends that determine the development of the situation.

The Ecological Society “Green Salvation” expresses special gratitude to the Global Greengrants Fund for its support, thanks to which the work on the publication was successfully completed. The monitoring was carried out by the organization with the assistance of local activists and volunteers. We sincerely thank everyone who contributed to the preparation of this release.

© Ecological Society “Green Salvation,” 2024.

On June 2, 2023, a draft law “On amendments and additions to certain legislative acts of the Republic of Kazakhstan on forestry and specially protected natural areas” was submitted for consideration by the Mazhilis of the Parliament. The deputies of the Senate of the Parliament initiated it.[1]

“»The draft law under consideration was developed in order to further improve legislation in the field of forestry and specially protected natural areas and to eliminate gaps in legal regulation,» said Baurzhan Smagulov, deputy of the Mazhilis of the Parliament, during the meeting.

He noted that the draft law is aimed at regulating the issue of transferring lands of specially protected natural areas for the construction of water facilities and structures for protection against floods, landslides, and snow avalanches. In addition, to solve the problems of forest settlements, including their entire infrastructure, which were erroneously included in the composition of specially protected natural areas when they were created.”[2]

What can be answered? Laws can be improved to infinity! But how can mere mortals fulfil them when the speed of their “improvement” will soon equal the speed of sound? Since the adoption of the law “On Specially Protected Natural Territories” in 2006, amendments and additions have been made 29 times! The latest changes are already the third one this year!

If ordinary mortals are perplexed, then uncommon Akimat[3] mortals simply manipulate the laws. They wanted to transfer the Baum grove from the category of specially protected natural areas (SPNA) of “republican significance” to the category of “local significance,” they transferred it. When the issue was resolved, the law was “brought back.” It occurred to them to withdraw the lands of the Kok-Zhailau tract from the Ile-Alatau National Park to the lands of the reserve, they did. Then the lands were returned and the law was corrected. In a word, our law—as we want, so we change it!

It seems that our legislators in this situation are acting according to the traditional scheme. An order has been received, so it must be fulfilled. Not everything else matters.

The authors of the draft law, apparently, do not have a clear idea about the role of specially protected natural areas that they play in the conservation of water resources, in mitigation – reducing climate change, in achieving carbon neutrality, in preserving biological diversity… This is not surprising. In Kazakhstan, there is no environmental policy adopted by the parliament, and specially protected natural areas do not have the legal status of strategic objects!

“A strategic object is property that is of socio-economic importance for the sustainable development of Kazakhstani society, the possession and (or) use and (or) disposal of which will affect the state of national security of the Republic of Kazakhstan.”[4] For example, main railway networks, pipelines, communication lines; oil refineries; energy-producing facilities with a capacity of at least 50 megawatts; international airports; nuclear facilities; objects of the space industry; water facilities (thank God, even though they “can be classified” as strategic facilities!) and so on. Moreover, please tell me, how fertile soils, forests, glaciers, rivers and lakes, protected area ecosystems have to do with sustainable development and strategic objects? Of course, none!

In the “Strategy for achieving carbon neutrality of the Republic of Kazakhstan until 2060,” approved by the Decree of the President of February 2, 2023, protected areas are not mentioned at all. Only a few words are said about the function of forests, which are capable of accumulating carbon.

The statement of the authors of the draft law that the proposed norms will “contribute to the fulfilment of Kazakhstan’s obligations in the transition to carbon neutrality” sounds unconvincing. The cost and benefits of environmental services provided by protected areas are not taken into account. For example, according to the International Union for Conservation of Nature: “At least 15% of the world’s carbon reserves are located within specially protected natural areas.” In Switzerland, “17% of forests prevent avalanches—a service valued annually between 2 and 3.5 billion US dollars in monetary terms.”[5]

The European Parliament is considering a bill on the restoration of nature. One of its goals is to restore nature on land and in sea areas. “These measures should cover at least 20% of the EU’s land and sea areas by 2030, and ultimately all ecosystems in need of restoration by 2050.” Every 1 euro invested into nature restoration adds €8 to €38 in benefits.[6]

We are offered to transfer the lands of specially protected natural areas into reserve lands! What does the term “specially protected area” mean in this case?

The project does not take into account the international environmental obligations assumed by Kazakhstan in accordance with the Conventions on Biological Diversity, the UN Framework Convention on Climate Change, the World Heritage Convention. That is why the authors propose to allow the withdrawal of land from any protected areas, regardless of whether they are subject to the norms of international conventions or not.

Finally, will the proposed changes and additions increase corruption risks? Especially in the construction of protective structures against mudflows, avalanches and landslides.

For example, in a number of canyons of the Ile-Alatau National Park, such structures were built after the illegal placement of cottages, resorts and other alleged objects of tourist infrastructure in order to ensure their protection. Gross violations of the law on protected areas were committed. Everyone is well aware of the story of the plans to build a ski resort in the Kok-Zhailau valley. The damage caused to the ecosystems of the national park and the state budget has not yet been compensated. The land of the valley was returned to the national park only in 2022. A little more than a year passed, and again officials started talking about seizures and transfers.

In May 2023, the Anti-Corruption Service for the Almaty Region completed an investigation against the leaders of the State Institution “Kazselezashchita.”[7]. “They were charged with taking large and especially large bribes totalling 396 million tenge from entrepreneurs for signing acts of work performed and general patronage.”[8] Where is the guarantee that such “patronage” will not flourish even more luxuriantly after the adoption of changes and additions?

What to do in the event of a real absence of alternative options for locating economic facilities? Use the best world experience. In a number of countries, long-term or perpetual leases are used. It allows not withdrawing land from the protected areas, but at the same time obliges companies to minimize damage to ecosystems during the construction of economic facilities. If their use is terminated, the lease agreements are terminated and the facilities are dismantled. The legal status of lands remains the same—lands of specially protected natural areas.

The authors of the draft law, apparently, are not familiar with the “Rules for the development of projects of natural-scientific and feasibility studies on the creation or expansion of specially protected natural areas, as well as adjustments to the feasibility study.”[9] They describe measures for the engineering protection of protected areas from hazardous geological processes that can be carried out without changing the legal status of the land! 

And will you not be mistaken, gentlemen, in proposing such changes and additions to laws?

National parks have become a bargaining chip in the mercantile games of business and officials. Manipulations with the lands of specially protected natural areas that have been incessant for many years are one of the most serious factors destabilizing the ecological situation in the country and violating the rights of every person of present and future generations to live in an environment that is favourable for his health and well-being. 

© Green Salvation Ecological Society, 2023.

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[1] Draft Law of the Republic of Kazakhstan «On amendments and additions to certain legislative acts of the Republic of Kazakhstan on forestry and specially protected natural areas» (Initiated by deputies), June 2, 2023: https://www.parlam.kz/ru/mazhilis/post-item/36/16072.

[2] The Majilis began consideration of the draft law on forestry issues, June 21, 2023: https://www.inform.kz/ru/mazhilis-prinyal-v-rabotu-zakonoproekt-po-voprosam-lesnogo-hozyaystva_a4078659.

[3] Akimat local executive authority.

[4] Civil Code of the Republic of Kazakhstan (General Part) (with amendments and additions as of July 1, 2023), article 193-1, paragraphs 1 and 2.

[5] Protected areas help people cope with climate change: https://www.iucn.org/sites/default/files/import/downloads/nat_sol_climate_change_russian__laid_out_.pdf.

[6] Nature restoration law: https://environment.ec.europa.eu/topics/nature-and-biodiversity/nature-restoration-law_en#targets.

[7] The state institution “Kazselezashchita” is an enterprise that solves the problem of preventing mudflows and landslides, and eliminating their consequences.

[8] Antikor completed the investigation into the case of “Kazselezashchita,” May 25, 2023: https://www.gov.kz/memleket/entities/anticorruption-zhetysu/press/news/details/561264?lang=ru.

[9] Acting order Minister of Agriculture of the Republic of Kazakhstan dated September 1, 2010 No. 558 “On approval of the Rules for the development of projects of natural scientific and feasibility studies on the creation or expansion of specially protected natural areas, as well as adjustments to the feasibility study” (with changes and additions as of December 20, 2022), paragraphs 25, 26 and 36.

On May 31, the Supreme Court considered and satisfied in full the cassation appeal of the Green Salvation Ecological Society.

This story began on September 20, 2021, when the Ecological Society applied to the Akimat of the city of Almaty (hereafter—Akimat) with a request to take measures to establish a buffer zone of the Ile-Alatau National Park.

According to subparagraph 11 of paragraph 2 of Article 10 of the Law of the Republic of Kazakhstan “On Specially Protected Natural Territories”: “Local executive bodies of regions, cities of republican significance, the capital within their competence: make decisions on the establishment of protected zones of specially protected natural territories of all types with restriction within these zones of activities that adversely affect the state of the ecological systems of these territories, ecological corridors, as well as the regime for their protection and use.” The law was passed in 2006, but for 15 years, the Akimat ignored its demand. The Ecological Society asked the Akimat to report on what measures it plans to take to organize the park’s buffer zone.

The Akimat forwarded our letter to the Green Economy Department of Almaty. It, in turn, sent him even further—to the administration of the Ile-Alatau National Park. And the appeal of the Ecological Society has sunk into oblivion.

On October 28, the Ecological Society writes a letter to the Akimat again, pointing out violations of the public’s rights to access environmental information. The result is the same: Akimat —Green Economy Department—National Park Administration—no answer.

On December 6, 2021, the Ecological Society filed a claim with the Specialized Interdistrict Administrative Court of Almaty (hereafter—SMAS) in defence of the interests of an indefinite number of persons.

Offense.

The Akimat violated the right of the Ecological Society to receive timely, complete and reliable environmental information, enshrined in subparagraph 7 of paragraph 1 of article 14 of the Environmental Code and articles 1 and 4 of the Aarhus Convention.

Requirements.

1. Recognize the fact that the Akimat of the city of Almaty did not fulfil its obligations to establish the buffer zone of the Ile-Alatau National Park as inaction.
2. Recognize the failure of the Akimat to provide the Ecological Society with the requested complete and reliable environmental information, and all information related to the decision-making process to establish the buffer zone of the Ile-Alatau National Park as inaction.
3. Assign to the Akimat the duty to establish a buffer zone of the national park.
4. Assign to the Akimat the obligation to provide the Ecological Society with complete and reliable environmental information.

In January-February 2022, several court hearings of the CMAS of the city of Almaty were held. At the request of the representative of the Akimat, the following persons were involved as interested parties: the Committee for Forestry and Wildlife, the Green Economy Department of the city of Almaty, the Ile-Alatau National Park. Consideration of the case in connection with the involvement of third parties was delayed.

Only on April 15, the court made a decision: the claim of the Ecological Society “satisfy in part.” Recognize non-provision of information by the Akimat as an “illegal act.” Akimat to “consider providing” the available information. And not a word about the violation of the Ecological Society’s rights to access environmental information!

Regarding the failure of the Akimat to fulfil the obligation to establish a buffer zone, the court found the following: “The plaintiff’s arguments that … by the decision of the Specialized Interdistrict Economic Court of the city of Almaty dated September 28, 2016 in a civil case on the suit of the Ecological Society against the Akimat of the city of Almaty, the obligation to make a decision on the establishment of buffer zones was established by the court is not denied. Indeed, the decision of the court established the duty of the Akimat, but, however, the sequence of actions was not established.” However, it is not the function of the court to determine the sequence of actions. The Akimat and the Committee Forestry and Wildlife should do this.

The prosecutor supported the demand of the Ecological Society to recognize the Akimat’s failure to fulfil the obligation to establish a buffer zone. He stressed that 15 years is more than enough time to solve the problem, and the public disputes precisely the inaction of the Akimat, and no other state bodies. He also supported the requirement to recognize the failure to provide information to the Ecological Society as inaction.

Disagreeing with the decision of the CMAS, on May 19, the Ecological Society filed an appeal with the Almaty City Court. On September 7, the court dismissed the appeal.

On October 12, 2022, the Ecological Society “Green Salvation” sent a cassation complaint to the Supreme Court.

Requirements.

1. Cancel the decision of the Specialized Interdistrict Administrative Court of Almaty city dated April 15, 2022.
2. Issue a new decision on recognition of the Akimat’s failure to fulfil its obligations to establish a buffer zone of the Ile-Alatau National Park as inaction.

Assign to the Akimat the obligation to establish a buffer zone of the Ile-Alatau National Park by adopting a resolution.

3. Oblige the Akimat to provide the Ecological Society with the requested complete and reliable environmental information on the establishment of the Ile-Alatau National Park buffer zone.

On May 31, 2023, the Supreme Court considered and satisfied in full the cassation appeal of the Ecological Society “Green Salvation,” cancelling all judicial acts of lower courts issued in this case.

After the announcement of the decision of the Supreme Court, one of the judges, explaining it, emphasized that the territory of the Ile-Alatau National Park is of international importance, and the Akimat should pay the most serious attention to ensuring its safety.

© Ecological Society “Green Salvation”, 2023.

The Ecological Society Green Salvation has released the next edition in Russian “Results of monitoring of national parks of the Almaty region in 2020-2021.”

This material is a continuation of the “Results of monitoring of national parks in the Almaty region” for 2017, 2018 and 2019 previously published by our organization.

National parks are invaluable for preserving the biological diversity of the region, forming a microclimate, providing fresh air, high-quality water, maintaining the health and well-being of the residents of the Almaty agglomeration.

By destroying especially valuable natural areas under the plausible pretext of developing tourism, we are destroying the foundations of our existence. “Unprecedented biodiversity loss, pollution, climate change and the rise of zoonotic diseases have showcased the symbiotic relationship between humans and nature. The human right to a safe, clean, healthy and sustainable environment, as well as other human rights, can only be realized where biodiversity thrives and ecosystems are healthy”(https://www.unep.org/news-and-stories/story/states-have-these-13-duties-when-it-comes-biodiversity-and-human-rights).

“Ecosystems support all life on Earth. The healthier our ecosystems are, the healthier the planet—and its people. The UN Decade on Ecosystem Restoration aims to prevent, halt and reverse the degradation of ecosystems on every continent and in every ocean. It can help to end poverty, combat climate change and prevent a mass extinction. It will only succeed if everyone plays a part.” (The UN Decade on Ecosystem Restoration 2021-2030: https://www.decadeonrestoration.org).

To breathe fresh air, drink clean water, eat quality products, we need more Nature!