Last update:
2014-04-08

Findikli Pasalar Regulator and Hydroelectric Power Plant, Turkey

Description:

The project was being implemented by AYEN Energy Inc., which got the production license for the Pasalar Hydroelectric Power Plant in 2006. As the plant works started, so did the reactions and objections of the local community against the project. In 2007, a well-attended meeting took place in the region with the presence of about 200 people who named themselves Findikli Rivers Conservation/Preservation Platform. The objections of the platform focused on the following probable outcomes: that the local community would be deprived of their right of access to water, that the rivers would dry up, that the climate would change due to lack of water, that the tea cultivation would become impossible, that many rare flower, bird and fish species would become extinct and that a considerable number of trees would be cut. Through roughly 40 informative meetings and 2 big demonstrations in Findikli, even another environmental battle was won to declare Caglayan and Arili Valleys as Natural SIT Zones (a protection status based on natural features). Moreover, the decision of the Ministry for the Caglayan Hydroelectric Power Plant as positive according to Environmental Impact Assessment (EIA) was also cancelled.

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Basic Data
Name of conflict:Findikli Pasalar Regulator and Hydroelectric Power Plant, Turkey
Country:Turkey
State or province:Rize
Location of conflict:Findikli District, Caglayan Valley
Accuracy of locationLOW (Country level)
Source of Conflict
Type of conflict: 1st level:Water Management
Type of conflict: 2nd level :Dams and water distribution conflicts
Deforestation
Water access rights and entitlements
Specific commodities:Trees, Forest
Land
Electricity
Water
Project Details and Actors
Project details:

According to State Hydraulic Works, the installed capacity is 30 MW (http://www2.dsi.gov.tr/skatablo/Tablo2.htm) According to AYEN Energy Inc.s Annual Report, installed capacity 40 MW with 151 million kWh production capacity (http://www.ayen.com.tr/faaliyet_raporlari/faaliyet_raporlari.asp) For more information: http://www.ayen.com.tr/faaliyet_raporlari/faaliyet_raporlari.asp

Type of populationRural
Affected Population:5000
Start of the conflict:2007
Company names or state enterprises:AYEN Energy Inc. from Turkey
Relevant government actors:State Hydraulic Works, Energy Market Regulatory Authority , Ministry of Energy and Natural Resources, Ministry of Environment and Urbanisation
Environmental justice organizations (and other supporters) and their websites, if available:Findikli Rivers Conservation Platform, No to Commercialization of Water Platform-, Brotherhood of Rivers Platform, The Black Sea Uprising Platform, Water Council of Turkey
Conflict and Mobilization
IntensityMEDIUM (street protests, visible mobilization)
Reaction stageIn REACTION to the implementation (during construction or operation)
Groups mobilizing:Farmers
Local ejos
Social movements
Women
Local scientists/professionals
Villagers, national environmental NGOs
Forms of mobilization:Development of a network/collective action
Lawsuits, court cases, judicial activism
Media based activism/alternative media
Objections to the EIA
Street protest/marches
Information meetings, forming of a platform
Impacts of the project
Environmental ImpactsPotential: Biodiversity loss (wildlife, agro-diversity), Desertification/Drought, Food insecurity (crop damage), Global warming, Loss of landscape/aesthetic degradation, Deforestation and loss of vegetation cover, Large-scale disturbance of hydro and geological systems, Reduced ecological / hydrological connectivity
Health ImpactsPotential: Malnutrition, Occupational disease and accidents
Socio-economical ImpactsPotential: Displacement, Loss of livelihood
Other socio-economic impactsloss of income, difficulties in access to water
Outcome
Project StatusStopped
Conflict outcome / response:Court decision (victory for environmental justice)
New legislation
Project cancelled
The structural organization of the public, the forming of a platform, the declaration of the region as Natural SIT Zone
Do you consider this an environmental justice success? Was environmental justice served?:Yes
Briefly explain:Rize Administrative Court, that had first adopted a motion for stay of execution of the approved Environmental Impact Assessment (EIA) report regarding the project and had demanded an expert review, cancelled the affirmative report approved by the former Ministry of Environment and Forestry on 30.06.2010. The Ministry in return objected to the decision and appealed against the cancellation. Council of States 14. Administrative Law Division that assessed the objection of the Ministry then approved the local courts decision to cancel the EIA favorable report for the Pasalar Regulator, Hydroelectric Plant and borrow pit.
Furthermore, based on the villagers appeal, Findikli Valley was declared a First Degree Natural SIT zone by the Trabzon Regional cultural and natural heritage preservation board. Hydroelectric plant construction company Ayen Energy Inc. objected to and appealed against the SIT zone decision at the Rize Administrative Court. The court rejected their application for the cancellation. The appeal made to the State Council was also rejected by the 6. Division and the decree of Rize Administrative Court was approved, keeping Caglayan Valley as SIT zone.
Based on the verdict of the Rize Administrative Court, Ankara Administrative Courts 3. Division concluded also the cancellation of the Right of Water Usage Agreement signed between State Hydraulic Works and Ayen Energy Inc., subject to appeal in the Council of State.
Sources and Materials
Related laws and legislations - Juridical texts related to the conflict

Regulation on Procedures and Principles regarding the Signing of Water Use Right Agreement for production activities in the Electricity Market (26.06.2003)

Electricity Market Law numbered 4628

Law Numbered 5346 on the Utilisation of Renewable Energy Sources in Electricity Generation

Electricity Market License Regulation (Last Updated on 03.04.2012)

References to published books, academic articles, movies or published documentaries

Hamsici M. (2010). Dereler ve Isyanlar. Yayinlari: Istanbul.
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Links to general newspaper articles, blogs or other websites

Findikli dereleri (Turkish)
[click to view]

Facebook pages (Turkish)
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Evrensel (Turkish)
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Sendika (Turkish)
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Links on Turkish newspapers:
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Related media links to videos, campaigns, social network

Photos from demonstrations:
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Photos from demonstrations:
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Facebook pages (Turkish)
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Photos from Findikli:
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Videos from Findikli region:
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Other comments:Directly affected population is likely to be around 5,000. Caglayan Village consists of 185 houses.
Meta information
Contributor:Ekin Kurtic
Last update08/04/2014
Comments
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