The Weakest Link of Kosovo's Democracy - KFOS

The Weakest Link of Kosovo's Democracy - KFOS The Weakest Link of Kosovo's Democracy - KFOS

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108 to Environmental Strategic Impact Assessment. 50 In Kosova C 2100 case, the World Bank has initiated such assessment. However, numerous decisions that should have been made have already been taken. But the EU’s legislation on Environmental Systemic Assessment requires a report on potential effects on the environment due to implementation of a certain program or plan. It also requires consideration of reasonable alternatives, including objectives and identification, explanation, and assessment of geographical scale of the plan or program’s impact. 51 - Violation of EU documents that regulate energy issues, public’s information and participation in decision-making Aarhus Convention 52 on Access to Information, Public Participation in Decision- Making and Access to Justice in Environmental Matters entitles the public with: i. the right to have information on environment under the public authority’s ownership ii. the right to participate environmental decision-making iii. the right to review the procedures, to challenge the decisions of public authorities adopted without respect to the abovementioned rights or environmental legislation in general The EU documents oblige that relevant authorities are informed for adoption of plans and programs and he public has access to important information on the plan or program. 53 Kosovar authorities have provided general information on construction of Kosova C 2100, but have not created a possibility for the public to have main information on the plan. EU legislation requires identification of the public and non-governmental organizations such as organizations active on environmental protection and other relevant NGOs. Kosovar authorities have never identified an organization active on environmental protection, but have engaged an NGO with no experience or developed reputation on the matter to conduct opinion poll related to the problem. Such activity cannot substitute for public information. The legislation also requires for the authorities and public with related responsibilities be consulted during plan or program’s evaluation and that a sufficient time must be provided for sufficient consultation and collection of opinions. Kosovar authorities have not set reasonable time-frame for consultation and information collection. But the few consultations between representatives of the Steering Committee and citizens uninformed on environmental problems have been superficial and have not included single information on the necessity of Environmental Strategic Impact Assessment. 50 Directive 2000 Of The European Parliament And Of The Council on impact assessment 51 Ibid 52 http://www.unece.org/env/pp/documents/cep43e.pdf 53 Ibid

109 EU legislation demands a notification on integration of environmental problems in the plan or program. Kosovar authorities have not conducted yet the Environmental Strategic Impact Assessment, let alone to integrate such information in the plan. - Pretending Kosova will develop economically It has been propagated that Kosova C will be the savior of Kosovar economy. Almost entire profits of this project will belong to the investing company, which most likely will be completely foreign although the Parliament’s Strategy requires joint investments. Profits from coal sales are constantly being propagated. With this it is referred to the closure of national energy production capacities, which would cause losses to Kosovar economy. The estimated loss is approximate to the profit to be made from low royalties the investing company is to pay. This sector has not been regulated by law yet. Therefore we have no law and sufficient knowledge on concessions, and lignite price determination. It is propagated that employment will cause economic development. First of all, employment will not reach the expected level since the modern technology has minimized the necessity for human labor force. Secondly, from other investment projects that employed Kosovar workers it has become clear that Kosovar institutions have failed to oblige the investor on reasonable wages for their employees. As a result, their wages have often been lower than the minimal wage as determined by law. It has been claimed that Kosova budget will benefit from investors tax payment which will impact country’s development. In fact, the losses incurred to the Kosovar economy by this project will be for several times larger than the collected taxes. Opening new coal mines will take away considerable arable land from farmers. Due to the project’s geographical impact, the family farms will become smaller. Kosovar economy will suffer from aggravated water supply and its further pollution to be caused by massive energy production from low quality lignite. More on this problem will be discussing the following: - Documents prepared by previous and current government on energy sector related to Kosova C 2100 project will cause severe damage to Kosovar economy as they discriminate against national companies and favor foreign investors: a) Prioritizing the investor on Kosova C for water supply compared to Kosova A/B, population, and agriculture 54 ; International principles on usage of water resources determine the following prioritization of water supply: population supply => agriculture supply => industry supply. In Kosova C project Kosovar authorities have set priority on supplying the power plant Kosova C, reversing the international principle to Kosova C => population supply => agriculture supply 54 Carl Bro Group, Environmental Impact Assessment and Action Plan for Kosovo A and B Power Plants and Coal Mines, Environmental Action Plan, June 2003., Also “Kosova CË A Modern Tale”, pg. 28 The Weakest Link of Kosovo’s Democracy forum 2015

109<br />

EU legislation demands a notification on integration <strong>of</strong> environmental problems<br />

in the plan or program. Kosovar authorities have not conducted yet the Environmental<br />

Strategic Impact Assessment, let alone to integrate such information in<br />

the plan.<br />

- Pretending Kosova will develop economically<br />

It has been propagated that Kosova C will be the savior <strong>of</strong> Kosovar economy.<br />

Almost entire pr<strong>of</strong>its <strong>of</strong> this project will belong to the investing company, which most<br />

likely will be completely foreign although the Parliament’s Strategy requires joint investments.<br />

Pr<strong>of</strong>its from coal sales are constantly being propagated. With this it is referred to the<br />

closure <strong>of</strong> national energy production capacities, which would cause losses to Kosovar<br />

economy. <strong>The</strong> estimated loss is approximate to the pr<strong>of</strong>it to be made from low royalties<br />

the investing company is to pay. This sector has not been regulated by law yet.<br />

<strong>The</strong>refore we have no law and sufficient knowledge on concessions, and lignite price<br />

determination.<br />

It is propagated that employment will cause economic development. First<br />

<strong>of</strong> all, employment will not reach the expected level since the modern technology<br />

has minimized the necessity for human labor force. Secondly, from other investment<br />

projects that employed Kosovar workers it has become clear that Kosovar institutions<br />

have failed to oblige the investor on reasonable wages for their employees. As a result,<br />

their wages have <strong>of</strong>ten been lower than the minimal wage as determined by law.<br />

It has been claimed that Kosova budget will benefit from investors tax payment<br />

which will impact country’s development. In fact, the losses incurred to<br />

the Kosovar economy by this project will be for several times larger than the collected<br />

taxes. Opening new coal mines will take away considerable arable land from farmers.<br />

Due to the project’s geographical impact, the family farms will become smaller. Kosovar<br />

economy will suffer from aggravated water supply and its further pollution to be<br />

caused by massive energy production from low quality lignite. More on this problem<br />

will be discussing the following:<br />

- Documents prepared by previous and current government on energy<br />

sector related to Kosova C 2100 project will cause severe damage to<br />

Kosovar economy as they discriminate against national companies<br />

and favor foreign investors:<br />

a) Prioritizing the investor on Kosova C for water supply compared to<br />

Kosova A/B, population, and agriculture 54 ; International principles<br />

on usage <strong>of</strong> water resources determine the following prioritization<br />

<strong>of</strong> water supply: population supply => agriculture supply => industry<br />

supply. In Kosova C project Kosovar authorities have set priority<br />

on supplying the power plant Kosova C, reversing the international<br />

principle to Kosova C => population supply => agriculture supply<br />

54 Carl Bro Group, Environmental Impact Assessment and Action Plan for Kosovo A and<br />

B Power Plants and Coal Mines, Environmental Action Plan, June 2003., Also “Kosova CË A<br />

Modern Tale”, pg. 28<br />

<strong>The</strong> <strong>Weakest</strong> <strong>Link</strong> <strong>of</strong> Kosovo’s <strong>Democracy</strong><br />

forum 2015

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