Türkiye's administrative court in the province of Kahramanmaraş should scrutinize whether the environmental impact assessment used to greenlight a coal power plant expansion there, adequately determined the harmful impact on environmental and health rights, Human Rights Watch said today in an amicus brief submitted to the court.
Turkish authorities approved an environmental impact assessment in December 2024 allowing construction of two new units as part of Afşin-Elbistan coal power plant A, despite concerns about their contribution to further air pollution in the region. Consequently, local community members, along with civil society groups, occupational associations, and a local municipality, filed cases against the expansion decision.
"We are deeply concerned that the Turkish authorities have not adequately taken into account the potential further damage on people's lives, health, and environment, in their decision to expand the Afşin-Elbistan coal power plant," said Hugh Williamson, Europe and Central Asia director at Human Rights Watch. "We have identified flaws in the recent environmental impact assessment approving the expansion, that should lead Turkish authorities to order a new assessment, using reliable, credible, and transparent scientific methods."
The amicus brief, a legal submission by Human Rights Watch that aims to contribute to the court's judicial review of the environmental impact assessment, identified multiple shortcomings in the assessment judged by applicable national and international legal standards.
Human Rights Watch published research in September 2024 that found that air pollution levels near plant A were dangerously high and that residents were experiencing health conditions that academic studies have attributed to toxic air. Acting on the government's obligations linked to the human rights to health, life, and a healthy environment, Human Rights Watch said that the authorities should not authorize expansion of the coal plant. The amicus brief submitted to the court draws on that research and relevant domestic and international legal standards.
It also highlights key shortcomings of the environmental impact assessment, including its inadequate assessment of air quality; failure to assess the potential health impacts of the possible expansion; and inadequate consultation process with the local community. These serious shortcomings and omissions among others mean that there has not been a full assessment of the planned project's potential impacts on the environment, which is the goal of both the assessment and Türkiye's air pollution control regulations.
In conducting its research, Human Rights Watch used the Elbistan's Air Monitoring Station air pollution data for the region. It revealed that particulate matter of less than 10 micrometers (PM10) and sulfur dioxide (SO2) pollutants have systematically exceeded the limits set by the Türkiye's Air Quality Assessment and Management Regulation.
The potential harmful impact of particulate matter (PM10) and sulphur dioxide (SO2) on health is substantial, including respiratory and cardiovascular problems and serious lung damage. Satellite data also showed significantly higher levels of average SO2 concentration around Afşin Elbistan coal power plant A than over the air pollution monitoring station.
These levels provide insight into the health problems reported by local residents. In 2024, people living in the vicinity of two Afşin-Elbistan coal power plants, A and B - of which only plant A is within the scope of the planned expansion - told Human Rights Watch they believed their health problems could be related to the toxic air. And a health professional in Elbistan observed a high incidence of respiratory diseases in people who lived nearby, particularly among children. Similarly, academic studies conducted in areas with conditions similar to those in Afşin-Elbistan found that coal plants' proximity to residential areas resulted in severe health impacts on residents.
The limits for pollutants set by Türkiye's Air Quality Assessment and Management Regulation aim to protect human health. Therefore, any impact assessment should evaluate environmental impacts with the goal of mitigating or reducing adverse health impacts, including those linked to exposure to air pollution. The authorities' approval of the assessment, despite its failure to examine health impacts, raises serious concerns about whether adequate measures are being taken by the authorities to protect the right to health.
Human rights obligations to respect, protect, and fulfill the rights to life, bodily integrity, health, information, and a healthy environment require governments to take action to prevent air pollution and strive to ensure clean air. Türkiye's obligations in this regard are reflected in domestic, regional, and international legal commitments.
Under the International Covenant on Economic, Social and Cultural Rights, to which Türkiye is a party, fully realizing the right to health requires having regard for the environment and environmental health. The European Court of Human Rights has also determined in multiple cases that severe environmental pollution affecting individuals' wellbeing violated their rights to privacy and family life. The proximity of victims' homes to the source of pollution was a relevant factor in determining the scope of the government's obligations with respect to respecting and protecting their rights, and whether violations had occurred.
Article 56 of the Turkish Constitution states that "everyone has the right to live in a healthy and balanced environment." The Turkish Constitutional Court has ruled that, the proximity of homes to the facility, enterprise, or other activity impacting the environment is sufficient to determine whether Article 56 was violated. The court also has case law pointing out the utmost importance of access to information for those who may be affected by decisions relating to the environment and of their active participation in the decision-making process.
"Human Rights Watch's amicus brief calls into question the adequacy of the EIA's air quality assessments, and we oppose the coal plant expansion because it will exacerbate existing high air pollution levels, health risks, and rights violations" Williamson said. "It will also contribute to the climate crisis by prolonging reliance on coal, undermining urgently needed global efforts to transition away from fossil fuels."
