In Ashgabat, environmental NGOs were introduced to the principles of Strategic Environmental Assessment

From November 5 to 7, 2024, Mr. Christian Melis , Environmental Governance Officer from the Office of the Co-ordinator of OSCE Economic and Environmental Activities, and Professor Dr. Jerzy Jendroska, an international legal expert, paid an official visit to Ashgabat.

On the first day, November 5, the distinguished guests presented the project “Strengthening national and regional capacities and cooperation on Strategic Environmental Assessment (SEA) in Central Asia” to representatives of the Ministry of Environment Protection, the Ministry of Finance and Economy, the Ministry of Health and Medical Industry, and the Ministry of Construction and Architecture.

On November 6, according to their schedule, the guests met with officials from the previously mentioned ministries, as well as the Ministry of Agriculture.

On the final day of their visit, November 7, at the OSCE Center in Ashgabat, Mr. Christian Melis and Professor Dr. Jerzy Jendroska delivered a presentation to environmental NGOs on the second phase of their ongoing regional project.

The meeting gathered representatives from the Aarhus Centre of Turkmenistan, the Public Association Enterprise “Tebigy Kuwwat”, the Nature Preserving Society of Turkmenistan,the Project office of the Regional Environmental Centre for Central Asia (CAREC) in Turkmenistan, the enterprise “Turkmenobadesgakhyzmat” of the Center for Disability Support“, and Economical Society “Ynamly Egindesh”.

At the beginning of the session, Mr. Melis provided an overview of the project, the first phase of which took place from September 2019 to December 2021, highlighting the following key achievements:

– Needs assessment was conducted, and action plan was developed to establish national SEA systems.

– Rised awareness and strenthened capacities about Strategic Environmental Assessment (SEA) and Environmental Impact Assessment (EIA);

– Enhanced co-operation within and across countries;

– Needs assessment and action plan for establishing national SEA systems was developed.

He then continued to familiarize the audience with the goals of the second phase of the project, which began in December 2023 and will conclude in December 2026. In particular, he noted that it will further support the establishment of effective national SEA systems and facilitate transboundary EIS (Environmental Impact Statement ) cosultations in Central Asia.

At the end of his presentation, Mr. K. Melis outlined the expected outcomes of the project, namely:

– Assistance to key institutions for finalizing the legal reforms on SEA (Strategic Environmental Assessment) and EIA (Environmental Impact Assessment), including in a transboundary context;

– Enmhance capacities of key stakeholders to conduct SEA.

Professor Dr. J. Jendroska’s presentation was about the concept of environmental assessment, its historical background, priorities, international standards, and requirements for conducting SEA, as well as the procedure and roles and responsibilities of competent parties in implementing SEA and EIA, including the public.

The professor noted that the Environmental Assessment System is not a European initiative; it originated in the United States. This is because the U.S. economy, after World War II, was the most advanced in the world. The United States was the founder of such environmental assessments, having passed one of the first national acts in the world in 1969 — the National Environmental Policy Act (NEPA). According to this law, which became a practical tool, all significant national actions that could have a substantial environmental impact must be assessed for their likely consequences. In 1976, a regulation was developed that set standards for the government, becoming one of the most precise existing documents in this field. Up to nowdays, it has only been amended twice.

Today, all countries in the world use such tools to prevent environmental or other types of disasters rather than dealing with their consequences. According to the law regulating EIA adopted in Europe in the 1980s, the report was assigned to contractors (developers, builders), while government bodies are responsible for consulting with the public, other organizations, making decisions, and setting conditions.

The understanding of the necessity for SEA came to Europe in 1997. By 2001, the European Union (EU) adopted a directive requiring all EU countries to implement SEA in addition to EIA. This opened the way for the signing of the SEA Protocol in 2003. By then, the U.S. and Canada were already advising the EU to include a transboundary component in SEA. The EU understood this, and the Espoo Convention, signed in 1991 and adopted in 1997, provided for a transboundary procedure.

Professor Dr. J. Jendroska emphasized that in Central Asian countries, legislative documents regarding EIA are roughly at the same level, where everything is placed on the contractor, including public hearings. However, as everywhere, contractors primarily pursue their own interests without considering the potential consequences for nature, the health of the local population, etc. In this regard, the Aarhus Convention can serve as a good example, as it provides for effective public participation with the right to appeal to government authorities in decision-making.

In Kazakhstan and Uzbekistan, decisions have already been made to implement the Strategic Environmental Assessment system. Turkmenistan is at the very beginning of this process, and the project “Strengthening national and regional capacities and cooperation on Strategic Environmental Assessment in Central Asia” will support any initiatives in this direction.

Y. Kepbanov, Head of the Aarhus Centre of Turkmenistan, clarified the situation regarding the relevant national legislation.

“Two years ago, with the support of experts from the EU, the procedures for conducting state environmental expertise and the procedures for conducting EIA were developed. However, time passes, and things change, which is why consultations are necessary to discuss these documents with experts and also to consider what additions could be included in the Law on State Environmental Expertise. It may not yet be time to draft a separate law on Strategic Environmental Assessment, but it makes sense to incorporate the necessary elements into the existing law, specifically two by-law acts,” – noted Y. Kepbanov.

In conclusion, the speakers thanked all participants and agreed to stay in touch and explore the possibilities of the project in providing assistance with the issues discussed at the meeting.

Berkeli Atayev.