TURKEY: TRANSFER OF MINING COMPANIES AREA DE CONSTITUTION IS UNCONSTITUTIONAL

TURKEY: TRANSFER OF MINING COMPANIES AREA DE CONSTITUTION IS UNCONSTITUTIONAL

To the press and the public,

In the age of climate crisis and Corona viruses, the REJECT decision of the Ankara 4th Administrative Court has been reversed by the 13th Chamber of the Council of State for the CANCELLATION case we filed against the “announcement of the collective tender of 766 mines”.
These operations carried out by the General Directorate of Mining and Petroleum Affairs, which puts all mining projects to tender-bulk without making any calculations-books, without any strategy, social cost analysis, cumulative impact study, threaten the lives of our people. Scientists HAVE DETERMINED THAT Widespread deforestation, uncontrolled expansion of agriculture, intensive farming, mining, and infrastructure development lead to corona virus outbreaks. (See https://ipbes.net/covid19stimulus) It has been scientifically proven that in forest areas and other natural ecosystems destroyed by mining, Covid 19 virus increased 2.5 times and the risk of virus transmission to humans increased by 70%. (https://www.nature.com/articles/s41586-020-2562-8) Scientists say that “Covid -19 may be just the beginning if human-induced destruction activities continue in natural ecosystems, and that humans in mammals and waterfowl are sick. They also determined that there are as many as 1,700,000 viruses that have not yet been identified, and that any of them could be more destructive and lethal than Covid 19 as a future X disease, and the probability of future epidemics is much greater. ”(See https://ipbes.net. / covid19stimulus)

      On the other hand, the CUMULATIVE (TOTAL) EFFECTS OF POLLUTANT ANTI-POLLING FACILITIES, given by the Council of State Council of Administrative Law Divisions in 3 thermal power plant cases in the Eastern Mediterranean Region (Adana YUMURTALIK Ayas 2020/69 coal-fired thermal power plant - DIİK 2019/29 K. 12.03.2020 T. / Hatay İskenderun Sarıseki -Atlas energy coal thermal DIİK 2019/2691 E. 2020/696 K. 12.03.2020 T. / Hatay Erzin Burnaz -Egemer Natural gas thermal 2019/2336 E. 2020/697 K. 12.03. 2020 T.) NOT IMPLEMENTED BY MAPEG. AFTER THE CUMULATIVE EFFECT OF ALL MINING PROJECTS IN THE SAME BASIN - THE SAME ECOSYSTEM HAS BEEN CALCULATED, THAT THE BASIN CAN BE REMOVED, THAT THE OBJECT OF THE LOAD OF THE MINERAL LICENSE IS REQUIRED TO OBTAIN THE EXCLUSIVE. As in the example of its announcement, it auctions 10-20-30 mines at once in each basin.

       On the other hand, it is also against the Constitution that the AREAS TO BE TRANSFERRED TO COMPANIES FOR PRIVATE ENTERPRISE MINING According to Article 168 of the Constitution - "Natural resources" Natural wealth and resources are under the jurisdiction and disposal of the State. In this case, COVID -19 etc. WHICH MINING ACTIVITIES CAUSES In the age of epidemic diseases, mining should be banned except for the necessities for the state, private enterprise mining should be terminated completely, mining and energy sector such as mining and energy sector should be done in the master plan and the planting of the EPDK.

   In the age of CLIMATE CRISIS, THE PLANET has entered a process of HYDROLOGICAL-CLIMATOLOGICAL-GEOLOGICAL-GEOPOLITICAL-DEMOGRAPHIC DESTABILIZATION-INSTABILITY. WEATHER TEMPERATURES, AGRICULTURAL PRODUCTION, FOOD SAFETY, GEOLOGICAL STRUCTURE, SEA LEVEL, CONTINENTAL SHELF LINES, WORKING-PRODUCTION POTENTIALS OF COUNTRIES AND PEOPLE, WORLD ECONOMY, NATIONAL ECONOMY. THE COVID -19 OUTBREAK, WHICH MINING ACTIVITIES ARE ONE OF THE MOST IMPORTANT CAUSES, IS IN A CIRCUIT THAT FEED EACH OTHER WITH OTHER VARIABLES, BOTH AND AS A RESULT OF THIS PROCESS. OUR POOL - OUR WATER AND OUR SOIL HAVE BEEN IMPORTANT AS NEVER IN HISTORY. WE HAVE AN IMMEDIATE NEED FOR PUBLIC ADMINISTRATORS WHO CAN ANALYZE THIS PROCESS, DEVELOP SOLUTION AND COMPLIANCE POLICIES, AND PLAN IN THIS ACCURATE. HOWEVER, PUBLIC INSTITUTIONS LIKE MAPEG and EMRA CAN ANALYZE THE CAUSES AND THE RESULTS OF THE MAALESEF CLIMATE CRISIS AND CORONA VIRUS OUTBREAKS AND THEY WILL DEVELOP SOLUTION AND ADAPTATION POLICIES. But ; According to article 166 of the Constitution, "It is the duty of the State to plan economic, social and cultural development, especially the rapid development of industry and agriculture in a balanced and harmonious manner at the national level, to make efficient use of the country's resources and to establish the necessary organization for this purpose. THE PLANNING DUTY imposed on State officials with the 166 article of the Constitution, HAVE BEEN LIVELY IMPORTANT IN THE ERA OF CORONAVIRUS - CLIMATE CRISIS - GLOBAL DESTABILIZATION - INDIVIDUALITY. THE ADMINISTRATIVE OFFICES SHOULD ORGANIZE THEIR WORK BASED ON SCIENTIFIC PRINCIPLES BY DISCONTINUING THE COLLECTIVE MINE TENDERS AND SHOULD NOT LEAVE US FROM CONTINUOUS ACTION.

Eastern Mediterranean Environmental Associations (Lawyer)