A/HRC/44/43/Add.1
mandatory screening and scoping procedure to prevent risks and improve the planning of
mitigation measures. The same provisions apply to modifications introduced to any
strategic aspects of previously approved business activities. The new regulation also
introduced the requirement to ensure public participation from an early stage of scoping and
licencing phases.
31.
However, the Working Group expressed concern at the level of implementation and
oversight of the regulations, which seemed to remain weak. There also seemed to be a lack
of institutionalized mechanisms to ensure coordination between the national and local
authorities on oversight activities. Another cause for concern related to ongoing
assessments of environmental impacts of business operations that were authorized before
the new Code entered into force.
32.
The Working Group also received information regarding lack of effective and
meaningful participation of affected individuals and communities in environmental
decision-making processes, including examples where stakeholders had not been able to
participate from an early stage, when no irreversible decision had been made prior to the
commencement of projects. The Working Group reminds the Government and businesses
that meaningful engagement with all stakeholders through transparent access to information
is critical to prevent, mitigate and address business-related adverse human rights impacts.
Furthermore, such engagement helps to build trust and address any power asymmetries
between actors that could hamper inclusive and constructive collaboration.
C.
Hydropower sector
33.
A recurring challenge witnessed by the Working Group related to the current
negative impact on the environment of large-scale hydropower plant projects. The 2018
national baseline assessment already noted the problem of deficient assessments of the
impacts of hydropower plant projects on the environment and local communities. Civil
society organizations and community representatives voiced concerns regarding major
flaws in environmental impact assessment reports, including their scope, methodology,
transparency of the procedure, and enforceability of environmental impact assessment
requirements. Public participation was also considered to be limited in that context, which
has often fuelled a lack of trust in the affected communities.
34.
As part of its legitimate aim to secure energy independence, the Government has
promoted investments in hydropower plants. At the time of the visit, Georgia had a total of
84 hydropower plants (with a rated capacity of 3,227 MW); 24 hydropower plants (capacity
of 1,235 MW) were under construction and another 67 (capacity of 1,314 MW) were at the
licencing stage. The Working Group remains concerned by the long-term energy policy for
its inconsistency with a holistic approach that takes into account the rational use of natural
resources, sustainable development, the socioeconomic needs of local populations and the
right to live in a healthy environment. These challenges require sector-specific and
comprehensive approaches to environmental impact assessments and strong oversight from
the Government.
35.
The 2018 baseline assessment highlighted that reports of various companies did not
assess (or inadequately assessed) the projects’ cumulative social, ecological, economic and
energetic impact. In addition, the mitigation measures were not adequately defined. In the
meeting with the Ministry of Economy, which is in charge of energy, it recognized the
difficulties in finding a balanced approach to economic, social and environmental
dimensions of energy sustainability, but also recognized the increased pressure put on the
Government and companies by foreign investors and international financial institutions to
comply with their own sustainability standards.
36.
Given that several hydropower plant projects were being developed at the same
time, there was also a legitimate concern by affected communities regarding the
proportionality between the benefits and the possible harm these projects might cause to
communities and the environment. It is worth mentioning that current regulations do not
foresee an obligation to carry out a cost-benefit analysis for the plants when the
construction permits are issued. The risk for social and environmental conflicts is therefore
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