Polekol participated in the development of the Draft Strategy and Action Plan for the implementation of the Aarhus Convention
Participation of citizens in environmental protection and decision-making that affect nature and human health is one of the basic rights in a democratic society. The Aarhus Convention, as an international legal framework that guarantees these rights, obliges the signatory states to ensure access to information, public participation and legal protection in environmental matters. In the Republic of Serbia, there are still numerous problems in the implementation of these principles, which is why the development of the Strategy for the implementation of the Aarhus Convention is a key step towards strengthening the environmental protection system. The Polekol organization, as a member of the Working Group for the preparation of this document, made concrete proposals and pointed out important deficiencies that must be eliminated.
The three pillars of the Aarhus Convention and strategic goals
The Aarhus Convention regulates the right to access information about the environment, the right to public participation in decision-making on environmental issues, as well as the right to legal protection in environmental matters, which also represent the three key pillars of this Convention. The general goal is to establish conditions for the full realization of minimum standards in the field of human rights and environmental protection.
The Republic of Serbia confirmed the Aarhus Convention in 2009, and at the beginning of 2024 Polekol became a member of the working group for the drafting of the Draft Strategy and Action Plan for the implementation of the Aarhus Convention in the public competition of the Ministry of Environmental Protection of the Republic of Serbia for the next ten years. This Strategy aims to ensure efficient and gradual fulfillment of the requirements of the Convention in accordance with the specific conditions in Serbia. The strategy defines the development goals and measures required for compliance with the highest standards of environmental protection.
The role of Polekol in the development of the Strategy and key remarks
Within the Working Group, Polekol asked to change parts of the Draft Strategy, since the existing proposals do not fully meet the goal of the Convention itself, nor do they allow for the improvement of the possibility of public participation of citizens and legal protection of the environment to the extent that it is necessary. These are our suggestions.
Legal protection: the need to strengthen the institutional response
We requested that in the description of obstacles in the implementation of the third pillar of the Convention (the right to legal protection), the lack of amendments to the Criminal Code in terms of harmonization with Directive (EU) 2024/1203 on environmental protection through criminal law should be highlighted. These changes should introduce stricter penalties and more effective measures for criminal acts related to negative impact on nature, public health and legal order. Current legal solutions are not effective enough in combating environmental crime and do not meet the needs of modern society.
Environmental crime: systemic approach and emergency measures
Polekol also proposed the establishment of a Department for Suppression of Environmental Crime and Environmental Protection, bearing in mind the increase in the number of crimes against the environment, both worldwide and in our country. Environmental crime is currently growing by 5-7% annually, and is the fourth largest form of organized crime that causes social damage between 80 and 230 billion euros per year. The urgency of taking steps to combat environmental crime is also indicated by the assessment of the Ministry of Interior of the Republic of Serbia that this type of crime will increase in the coming period.
Legislative framework: non-compliance with the Aarhus Convention
We suggest that the Strategy includes the harmonization of the Law on Planning and Construction with the Aarhus Convention, because current regulations limit the role of the public and environmental protection organizations in decision-making procedures. The law often allows the only participant to be an investor, while the public should be ensured the right to participate and have the status of a party, in accordance with the Convention. Also, it is necessary to revise the Rulebook on Spatial and Urban Planning, because it denies the public the right to participate in proceedings and to attend commission sessions, which are currently only available to those who submit objections. The deadlines for sessions are often unrealistically short, which leads to rejection of a large number of objections. We suggest that the Strategy provides for the mandatory provision of sound and video recordings of sessions, live transmission and the presence of all interested parties, regardless of whether they submitted objections. This paradox, where the Constitution and the Convention guarantee broad participation and by-laws narrow it down, must be urgently resolved to ensure full compliance with the Aarhus Convention.
Openness of administration and digital availability of data
Due to insufficient education of employees in public bodies about environmental crime, environmental protection and practices of other countries, the Strategy should foresee the promotion of good examples from practice and the organization of public presentations of draft normative and planning acts. During those presentations, two-way communication should be enabled so that the public can actively participate. Also, public inspection and sessions should be repeated when the objections adopted significantly affect the rights and interests of other participants.
The strategy should recognize the insufficient compliance of environmental protection authorities with the principles of open administration. It is necessary that all legal acts and documents be available on the Internet, while the website of the Ministry of Environmental Protection should contain cartographic data in GIS format. The register of protected nature areas must become digital, publicly available and linked to cadastral parcels. Also, cartographic documentation in the procedures of public inspections and discussions should be in high resolution and appropriate scale for better visibility and accuracy.
Environmental impact assessment: problems in practice
Compliance of domestic regulations with European directives in the area of environmental impact assessment is not satisfactory, which causes problems in practice. Impact assessment studies are currently submitted only with the application of works, which is contrary to the precautionary principle and the purpose of the assessment. Public consultation and impact assessment should be carried out at an early stage, when all options are open, as required by the Aarhus Convention. Postponing the adoption of the Decree on justification assessment for 14 years further undermines legal certainty. Partially transposed European legislation (EIA Directive) has led to the devastation of natural assets, such as mountain rivers, often to the detriment of local communities.
Protection of natural assets and local communities
Finally, Polekol recognizes the importance of adopting the Strategy for the implementation of the Aarhus Convention in the Republic of Serbia as a significant step towards improving environmental protection and harmonization with European standards. However, the Strategy, in its current form, does not provide sufficiently concrete solutions for overcoming existing problems in the legal and institutional framework, nor does it sufficiently respond to the needs of the public and society.
Final recommendations
We particularly emphasize the need for urgent harmonization of domestic regulations with European directives, including the Environmental Impact Assessment Directive (2011/92/EU) and the Criminal Law Environmental Protection Directive (2024/1203). Insufficient transposition of these directives into national legislation threatens the principles of precaution, participation and legal protection, and undermines citizens’ trust in decision-making processes.
We also believe that it is of crucial importance that the Strategy explicitly recognizes the problem of degradation of natural assets and the need for more effective protection of endangered areas, especially in the context of small hydropower plants and other infrastructure projects that have a negative impact on the environment.
Although Polekol left the working group due to the deterioration of the state of democracy and basic rights, Polekol will continue to represent the interests of citizens and the environment and strive to influence public administration bodies to include clear and applicable mechanisms for monitoring and evaluation through the refinement of the Strategy, involve the interested public in all stages of decision-making and create conditions for strengthening institutional capacities. Only with a comprehensive and consistent approach can we ensure the preservation of natural resources, the improvement of citizens’ rights and the fulfillment of the goals of the Aarhus Convention in the Republic of Serbia.
Polekol is supported by the Swiss Government through the project “Together for an active civil society – ACT” , implemented by Helvetas and Civic Initiatives .. The opinion expressed in this article is the opinion of the author and does not necessarily represent the opinion of the Government of Switzerland, Helvetas or Civic Initiatives.
