Архив метки: Kok-Zhaylau

It is still a long way to the final termination of the construction of the mountain ski resort on Kok-Zhailau!

An important event marked the history of the public campaign “Protect Kok Zhailau”.

On October 29, the President of Kazakhstan Kassym-Zhomart Tokayev banned construction of the resort on the territory of the Kok-Zhailau valley. He stated this at a meeting on socio-economic development of Almaty. “In order not to return to this question every time, today I ban working on this project. That is, the construction of the ski resort on Kok-Zhailau. We don’t need it,» Kasym-Zhomart Tokayev said. “Moreover, all professional environmentalists and competent public are against it.»

Journalists and many activists believe that this is «the end of this matter». Certainly, this is an important step in preserving the natural valley and the entire Ile-Alatau National Park. However, the final resolution of the issue is still a long way off.

Recall that in April 2019, the President already expressed his opinion on the project. Baurzhan Baibek (at that time akim of Almaty) proposed postponing the Kok-Zhailau ski resort project to study expert assessments and opinions of city residents. And the head of the country supported this decision, and even elaborated that it was adopted by his recommendation. Despite these statements, construction of a power substation in the natural valley continued. Construction of a new service road was started in the mountains.

We welcome the declaration of the head of the country, but there is a number of specific measures that must be taken, in order to implement it.

First, in 2014, by the Government Decree No. 1267, 1002 hectares of the Kok-Zhailau valley lost their status of specially protected lands (were removed from the Ile-Alatau National Park) and transferred to the «category of reserved lands of the Medeu district of Almaty for construction and operation of the ski resort «Kokzhailau».

And in fact, the akimat can utilize the land at its discretion. Construction of the resort is prohibited. But they can build something else! Therefore, first it is necessary to cancel the Government Decree No. 1267 and return the natural valley to the Ile-Alatau National Park! The Ministry of Ecology, Geology, and Natural Resources of the Republic of Kazakhstan is ready to «initiate a draft resolution on returning the natural valley «Kokzhailau» to the national park»! This was stated by Vice-Minister Yerlan Nysanbayev in response to the request of the Ecological Society «Green Salvation» (see letter No. 30-01-13-03/Z-K-89 of September 19, 2019).

Second, the construction of the resort was included in the State program of development of tourism industry of the Republic of Kazakhstan for the years 2019-2025, which was approved by the Decree of the Government of the Republic of Kazakhstan dated on May 31, 2019, No. 360. In accordance with this program, the construction of the resort and the connecting road is planned for the years 2020-2023. In order to completely terminate the construction of the mountain ski-resort, it is necessary to introduce an amendment to the Government Decree and to cancel paragraph 16 in the Attachment 2, and paragraphs 302, 324, and 439 in the Attachment 3, that mention the resort.

Third, it is necessary to cancel the Resolution of the Akimat of Almaty dated September 25, 2018, No. 3/323-2459 «on granting the right of temporary gratuitous short-term land use on the land plot in Medeu district to the Municipal state institution «Department of tourism and external relations of Almaty» for construction of the resort and other resolutions about the natural valley.

Fourth. It is necessary to solve the issue with the power substation, which construction was fully finished in summer of 2019. The substation must be dismantled safely and with minimal harm, and the land at the construction site needs to be remediated!

Fifth. It is necessary to remediate the territory along which the new service road passes — along the ridge from the Nurlytau micro district (from the former Enbek ski base (CSKA)). It is necessary to completely stop motor traffic along the Kok-Zhailau natural valley and dismantle the concrete slabs.

Only after implementation of all the measures listed above, it will be possible to say that construction of the mountain ski-resort is discontinued, and the damage done to nature is partially compensated.
The Ecological Society sent new letters to government bodies to clarify all these issues.

P.S.
According to the Press Secretary of the President, he received a letter from the UN Deputy Secretary-General, Executive Secretary of the UN Economic Commission for Europe, who welcomes the introduction of a ban on construction of the ski resort in the Kok-Zhailau natural valley.

Comments to the first report of Kazakhstan on implementation of the Decision VI/8g

13Comments of the Ecological Society “Green Salvation” to the first report of the Republic of Kazakhstan (RK) on implementation of the Decision VI/8g(1)  on compliance by Kazakhstan with its obligations under the Convention in the Draft Law “On introduction of amendments to certain legal acts of the Republic of Kazakhstan on environmental matters” (hereafter – the Report).

1. The Report states:

“In order to implement the recommendations of the Decision VI/8g of the Sixth Meeting of the Parties of the Aarhus Convention, the following work on improving the legislation has been conducted.”

All references presented in the Report describe actions, which had been undertaken by the Party of the Convention before the Sixth Meeting of the Parties of the Aarhus Convention, i.e. before the Decision VI/8g was made (September 11-13, 2017).

This means that, firstly, the Party of the Convention officially admits that after the Decision VI/8g was made (September 11-13, 2017) and up until the present moment, no actions have been undertaken for changing and amending the legal acts, in accordance with the Decision of the Meeting of the Parties. Secondly, the Report demonstrates a perfunctory attitude of the Party of the Convention to the implementation of the Aarhus Convention.

2. The Report does not mention that “access to all information related to decision-making process” (paragraph 6, Article 6) is still not secured in the legislation of the RK.

The Report refers to the paragraph 3 of the Article 57-2 of the Environmental Code: “Twenty days prior to conducting of public hearings, local executive authorities provide an open access to environmental information related to the procedure of environmental impact assessment of a proposed economic or another activity, and to the process of decision making on this activity through an Internet source, and using other means of informing”. This wording is repeated in the paragraph 12 of the “Rules of conducting of Public Hearings”(2). This wording allows for arbitrary interpretation of the law.

A vivid example of an arbitrary interpretation is a reply of the Department of Tourism and External Relationships of the city of Almaty dated on October 10, 2018, No. 05-04/ЗТ-К-52, to the inquiry of the Ecological Society “Green Salvation”. The Ecological Society in their letter requested to provide all “parts of the draft of the “Feasibility study of construction of the mountain ski resort “Kokzhailau”.

In the reply of the Department of Tourism and External Relationships of the city of Almaty, it is said:

“After considering your inquiry, the Department of Tourism and External Relationships of the city of Almaty reports the following.

In accordance with the requirement of the Article 57-2 “Conducting of public hearings” of the Environmental Code of the Republic of Kazakhstan, “Twenty days prior to conducting of public hearings, local executive authorities provide an open access to environmental information related to the procedure of environmental impact assessment of a proposed economic or another activity, and to the process of decision making on this activity through an Internet source, and using other means of informing”, environmental information, in particular the Book 1 and Book 2 of the Section “Preliminary Environmental Impact Assessment” (hereafter – PreEIA) of the feasibility study of the mountain resort “Kokzhailau” are published on the “Kokzhailau” website www.kokjailau.kz and the website of the Department of Tourism and External Relationships of the city of Almaty www.almatytourism.kz on September 19, 2018, and September 27, 2018, correspondingly.

In order to protect lawful economic interests in accordance with the paragraph 4 of the Article 4 of the Aarhus Convention and legislation of the Republic of Kazakhstan, a request to provide environmental information can be denied, if disclosure of such information negatively affects confidentiality of commercial information.

While the information about emissions related to environmental protection is subjected to disclosure (PreEIA).

No other materials regarding the feasibility study are planned to be published in future, since it is not provided for by the current legislation and the Environmental Code of the RK”.

A similar response (outgoing No.160 dated on October 1, 2018) was received by the Ecological Society from the head of the Almaty Mountain Resorts.

Thus, the Department of Tourism and External Relationships of the city of Almaty which is a structural sub-department of the local executive authority (akimat) not only allowed for arbitrary interpretation of the law, but violated norms of the Aarhus Convention.

On February 18, 2005, the Aarhus Convention Compliance Committee made conclusions and recommendations based on the statement from the Ecological Society “Green Salvation”. Paragraph 18 of the above mentioned document states: “Information requested from “Kazatomprom” company, in particular, the feasibility study of the draft of amendments, fits the description contained in the paragraph 3 b) of the Article 2 of the Convention”(3).

Conclusion. The Ecological Society “Green Salvation” considers that the first report of the Republic of Kazakhstan on implementation of the Decision VI/8g confirms a perfunctory attitude of the Party of the Convention to the implementation of their obligations and does not reflect the real situation with implementation of the Aarhus Convention in the country.

On behalf of the Ecological Society “Green Salvation”,
S. Kuratov.

October 31, 2018.

(1) First progress report on the implementation of decision VI/8g: http://www.unece.org/environmental-policy/conventions/public-participation/aarhus-convention/tfwg/envppcc/implementation-of-decisions-of-the-meeting-of-the-parties-on-compliance-by-individual-parties/sixth-meeting-of-the-parties-2017/kazakhstan-decision-vi8g.html
(2) Decree of the Minister of Environmental Protection of the Republic of Kazakhstan dated on May 7, 2007, No.135-p “On Approval of Rules of Conducting of Public Hearings” (with changes and amendments as of September 8, 2017).
(3) Findings and recommendations regarding compliance by Kazakhstan with its obligations under Aarhus Convention in the case about information requested from “Kazatomprom” company (Statement АССС/С/2004/01 of the Ecological Society “Green Salvation” (Kazakhstan)): http://www.unece.org/fileadmin/DAM/env/documents/2005/pp/c.1/ece.mp.pp.c1.2005.2.Add.1.r.pdf

A Traffic Jam at Two and a Half Thousand Meters

Without ceasing even for a minute, debates about tourism development in Kazakhstan are getting louder and louder. Various theoretical points of view and common judgments confront each other. Thoughtful and not very thoughtful conclusions are being made. As the great poet Johann Goethe said: “Dry is theory, my friend …”. But even this dryness in the literal sense of the word, when a disputing person’s throat dries up, and in a figurative sense, does not stop the flow of pro and con arguments which are growing in geometric progression.

Perhaps the arguers should recall the second part of the famous expression: “And the tree of life is always green”. Thus, we decided to take a closer look at the life, that is, the practical implementation of tourism in the Ile-Alatau National Park. We hope that the scenes which we documented on the photographs will force theoreticians, legislators, park employees, and tourists to think about questions that involuntarily arise from the contemplation… it is impossible to describe the witnessed scenes in words.

Was the national park created for destruction of nature or for its conservation?

Is it a national park or another parking lot?

Will millions of tourists come to us to get stuck in a traffic jam and suffocate from smog at two and a half thousand meters in the centre of a national park? And why do we need millions of tourists, when we successfully destroy nature without them?!

Is it tourism in the national park or a modern version of “The Big Feast” of Marco Ferreri?

Will any animals other than rats survive in this “tourist paradise”?

Will the resort “Kokzhailau” look like that, if it is built anyway?

And, finally, the main question. Who benefits from this chaos?

 


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Three thousand votes in protection of Kok-Zhailau!

An open public petition with a demand to prohibit construction of a mountain ski resort in Kok-Zhailau valley located in Ile-Alatau National Park was published on the web-site of the Ecological Society Green Salvation in December of the last year. The petition was addressed to the state authorities: Ministry of Industry and New Technologies, Ministry of Agriculture, Ministry of Environmental Protection, Ministry of Finance, Akimat (Mayor’s Office) of Almaty, political parties of Kazakhstan, and also to the President and members of the Parliament.

Signatures of support came from the residents of Almaty and other cities and towns of Kazakhstan, Russia, Ukraine, Uzbekistan, Germany, United States, Canada, Holland, Sweden – people who love mountains and know first-hand about their meaning for physical and spiritual health of the humanity. In the end of August we received a signature which became number three thousand. We would like to express our sincere gratitude to those who openly expressed their opinion and did not hide under pseudonyms and nick-names.

Some might say: “Three thousand votes isn’t much!” And will be right. Yes, it isn’t much! And if we count votes only from Kazakhstan, there would be even less. But for the country lacking democratic traditions where the laws change like seasons, where court decisions are not implemented for years, where public opinion has never been taken into consideration, where the state authorities are paralyzed by the corruption – thousands of votes from our fellow countrymen is already a significant number. It shows that the people start to realize that by expressing their opinion they do not do anything reprehensible, but realize their legal rights by protecting the nature of their motherland.

Some would say: “It is a useless idea, nobody will hear you!” This can be answered by the words of Paul Eluard: “Those who keep silent — lie; — speak out”. Nobody will hear if we keep silent. And if everybody speaks out, our voices will not sink in the stream of the sweet talks about universal benefits of private resorts. Speak out, demand compliance of your constitutional rights, international conventions, defend your right to live in a favorable environment and enjoy the beauties of the national park and Kok-Zhailau valley. It is impermissible to keep silent!

In violation of the laws of the Republic of Kazakhstan and Aarhus Convention, the state authorities responded to the petition with their regular runarounds. The presented information confirms once again that legality and public opinion are not respected in our country. The replies which were received are insufficient for decision-making, have neither full, nor reliable information, do not let the public to participate in the process of decision making.

Therefore, we will demand compliance with the Constitution, laws and international conventions again and again.

We continue to collect signatures under the petition and will send out the petition, other requests, demands, and appeals till the destruction of Ile-Alatau National Park and Kok-Zhailau valley, in particular, ceases!

One of the songs of Vladimir Vyssotskiy says: “These are our mountain, they will help us”.

But right now, we need to help them!

The Danger of Renting National Parks

This material prepared for the Ecological Society Green Salvation.

Sierra Perez-Sparks
is a Masters student at Harvard University
and studies democratization, social movements and food politics.
She is especially interested in urban bias within post-Soviet states.
Ms. Perez-Sparks also translates news for the website WatchingAmerica.com.

platnayaIMG_3630In April 2011, head of the Kazakhstani Department of Regulation and Control of Forestry and Protected Areas Kairat Ustemirov announced that the government would lease national parklands for 49 years, primarily for the development of eco-tourism and related infrastructural needs (1). No doubt eager businessmen looking to capitalize on Kazakhstan’s mountainous regions and a government in times of global economic hardship welcome developments of this ilk, and indeed Mr. Ustemirov stated that a number of projects already were underway. However, how the leasing of these lands will impact Kazakhs today and in future decades constitutes a completely different matter. While it is uncertain that the people would even see the revenue from leased lands, it is even more uncertain what unintended ramifications the populace and local eco-systems would encounter as a result of development. Moreover, these concerns say nothing about the tremendous threat that accompanies any sale of public land to the privatized, for-profit sector—the threat against the social fabric.

playnaya_IMG_3632To understand how privatizing the environment endangers the strength and robustness of a people, one must first agree that the value of nature exceeds its weight in gold. Yet, it is easiest to place value on the environment when we consider it in terms of natural resources. The markets straightforwardly monetized, for example, the 421,700 metric tons of copper extracted from Kazakhstan’s deposits in 2008 (2). Recently the China Development Bank signed a memorandum of understanding that added $1.5 billion to its existing $2.7 billion loan to Kazakhmys, a natural resources group, for the development of major copper projects in Kazakhstan (3). Although one rarely associates smartphones, for which copper is used to construct its circuitry, with desert eco-systems and rupestrian whirlpools, nature indeed provides the raw materials necessary to construct such a feat of human ingenuity.

Beyond the strictest definition of natural resources, one quite simply can calculate the value of nature based on various forms of outdoor entertainment. Sport hunting, snowmobiling and skiing are just a few of the popular activities that relocate the human from the urban environment to a liminal setting where industry meets the natural order. In Colorado, the number one ski destination in the United States, the skiing industry generates an estimated $2 billion of revenue each year (4). For many Coloradans, global warming threatens one’s livelihood in addition to one’s surroundings because, as countries the world over keenly understand, a thriving eco-tourism sector supplies a critical stream of revenue. It is hard to fault a properly managed eco-tourism business, i.e. when eco-tourism is in actuality eco-friendly, and it perhaps strikes the happiest medium between the profit from and preservation of nature. Sustainable interaction with the environment simultaneously pleases man on two levels, satisfying his commercial desires and soothing his spiritual concern for his surroundings. Certainly not all projects achieve this balance. For example, Almaty’s Kok Tobe, a commercialized mountaintop park, features an impressive vista of the city and the Tien Shan mountains in addition to an appalling zoological garden. The management of Kok Tobe unwisely pairs the caged animals with descriptive placards that only seem to accentuate the unnaturalness of the animals’ habitat and diet. Far too often, as seen in this particular example, eco-tourism values nature primarily in terms of dollars and cents, and prioritizes the consumer over the inheritance of the public.

OLYMPUS DIGITAL CAMERAThe inheritance of the public is our Earth; it is our environment and our commons. These spaces are a “living legacy”—a cultural resource that pays political, ecological and emotional dividends (5). In its Cultural Resource Management Guide, the U.S. National Park Service identifies cultural resources as a “unique medium” that has “the ability to connect one generation to another…an inherent capacity to mold and reinforce our identities as social creatures” (6). One observes the manifestation of this social connection in the footsteps that have trodden the Appalachian Trail over the course of nearly a century, or in the unobstructed forest pathways that have been cleared by an Almaty mountain man after a heavy storm. Ancestors and descendants alike can appreciate the same slopes and ravines. Freely accessible public space strengthens the social fabric, not only by passing down a shared cultural identity from generation to generation, but also by providing the opportunity for people to interact independently outside the realm of controlling forces such as economic markets or particular administrations. In this way one appraises a truly precious and renewable natural resource, nature’s buttress against social frailty. Conversely, the absence of this buttress engenders a displaced public insofar as privatizing public lands effectively evicts people from their inherited lands.

platnaya_kom_0443Protecting public lands merits the attention of each and every citizen, especially because those who ostensibly steward the inheritance of the public frequently squander it. History and current practice demonstrate that governments too often cede public lands. And once the land departs from the public trust, the public becomes weaker—an especially undesirable consequence for democracies. However, there are instances of the public reacquiring lost lands and in this we can see greater returns over a longer period of time than in the initial sale of the land. One such example is the White Mountain National Forest. In 1867, New Hampshire Governor Harriman sold the region primarily to logging companies, which in turn disastrously mismanaged the land so that within the course of a few decades the “resounding [public] outcry” spurred the government to action (7). In 1911, the U.S. Congress passed the Weeks Act, which authorized the use of federal funding to purchase forestland for the purpose of conserving it, and in 1914 the U.S. government began to buy back the White Mountains. Now, the White Mountain National Forest spans nearly 800,000 acres, attracts approximately 7 million domestic and international visitors a year, and constitutes one of New England’s richest natural resources (8). Of course, such a happy ending cannot be guaranteed for all formerly public lands, and one simply wonders about the future of Kazakhstan’s national parks, which are now being leased for 49 years. Will the lands be mismanaged? And will this spread the desertification of Kazakhstan to the verdancy of the collective?

As Kazakhstan pushes into the future, developing its many different kinds of resources, the country can decide which type of natural resource to prioritize. Unfortunately, the dazzling process of converting nature into money limits one’s understanding of its resources, and in consequence one tragically ignores an invaluable source of wealth. Though the temptation of riches is great, the advantages of building a vibrant democracy are greater.

August, 2011

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1. “Национальные парки Казахстана сдадут в аренду на 49 лет.” Актау–Бизнес. 21 April 2011. http://www.aktau-business.com/2011/04/21/parki.html (10 July 2011).
2. Levine, Richard, and Wallace, Glenn. “Countries of the Baltic, the Caucasus, the Central Asia and the Eurasia Regions.” 2008 Minerals Yearbook. December 2010. http://minerals.usgs.gov/minerals/pubs/country/2008/myb3-2008-aj-am-bo-en-gg-kg-kz-lg-lh-md-rs-ti-tx-uz.pdf (15 July 2011).
3. “Kazakhmys signs MoU to get funding for copper project in Kazakhstan.” Energy Business Review. 14 June 2011. http://mineralsandmaterials.energy-business-review.com/news/kazakhmys-signs-mou-to-get-funding-for-copper-project-in-kazakhstan-140611 (26 July 2011).
4. Irani, Daraius, Ross, Kim, Ruth, Matthias, et al. “Economic Impacts of Climate Change on Colorado.” July 2008. http://www.cier.umd.edu/climateadaptation/Colorado%20Economic%20Impacts%20of%20Climate%20Change.pdf (15 July 2011).
5. “National Park Service-28: Cultural Resource Management Guideline.” August 2001. http://www.cr.nps.gov/history/online_books/nps28/28chap1.htm (20 June 2011).
6. Ibid.
7. “History of the White Mountain.” http://www.fs.fed.us/r9/forests/white_mountain/about/history/index.php (10 July 2011).
8. Ibid.