DECLARATION ABOUT THE PROTECTION OF TARA RIVER
Parliament of the Republic of Montenegro
Noting that ,Montenegrin citizens learned from the media that an agreement was reached between the Government of the Republic of Montenegro and the Government of the Republic of Srpska to construct the Buk Bijela hydroelectric power plant on Tara river. That would necessarily affect the Tara canyon which is protected under UNESCO Man and Biosphere programme. Since 1980 the canyon has also been listed as a UNESCO world heritage site;
Bearing in mind the achievements of our civilization, embodied in the ecological rights as basic human rights, the UN Declaration on the Environment (1972), Convention on the Protection of the Environment and Cultural Heritage (1972), World Declaration on Nature (1982) and Rio Declaration on the Environment and Development (1992);
Recalling the Constitution of the Republic of Montenegro, Article 1, which defines Montenegro as a “democratic, social and ecological state” and, in a number of suceeding articles, provides mechanisms for achieving the those rights;
Bearing in mind that the concept of democracy includes the citizens` rights, through their representatives in the Parliament, to take part in the decision-making process on the most important issues of their concern (as stated in the Constitution, The Law on Public Authority and The Law on Local Governance);
Noting thet the Law on the Protection of the Environment recognizes the participation of the public as the right of all citizens and as one of the principles of the protection of the environment;
Bearing in mind that the Agenda of the Economic Reforms of the Government of the Republic of Montenegro states as one of the most important aims in the area of the protection of the environment is “the establishment of a modern system of protection of the environment, which would create the basis for the development of Montenegro as an ecological state and enable sustainable development with the protection of the vital eco-system”. The Agenda further points out “the lack of the citizens` participation as well as their insufficient knowledge of the environment related issues” and demands that necessary steps be taken in order to inform the public and motivate it to participate;
Bearing in mins that in the chapter on tourism the Agenda of the Economic Reforms, defines its main aim as: the establishment of a sustainable tourist product through sustainable development which would be environment friendly and take care of the cultural heritage. With that aim Montenegrin tourism launched a campaign “Montenegro- Wild beauty”, and the untouched canyon of the Tara has been a part of this unique tourist offer;
Given that the Agenda, in its chapter on electricity, promotes: energy saving and use of recoverable resources; mini power plants project; solar energy and wind energy. Given that Montenegro abounds in these sources the problem of electricity in Montenegro could be solved by furthering the said alternative resources which would guarantee coexistence between the man and the nature;
Based on the two important sources: 1) the United Nations Convention on Evaluation on the impact of certain projects to the environment beyond the state borders, and 2) the European Union legal provisions (which standards are being acquired by the Montenegrin legal system), which guarantee the participation of citizens in different phases of decision-making in the area of strategic planning and evaluation related to the impact of certain projects to the environment;
The Parliament of the Republic of Montenegro , at its II session in 2004, on 14 decembra 2004 has issues
THE DECLARATION ON THE PROTECTION OF THE TARA RIVER
- The development of Montenegro must be made conditional upon ecology.
- Construction of a hydroelectric power plant or any other activity in any location on the course of the Tara river would be a disturbing factor, not only in the part of the canyon planned for the creation of the reservoir but also in the entire region whose development depends on the canyon.
- The solution for the future is in the sources of electric energy which would not affect the natural equilibrium, together with the drastic reduction of the commercial losses.
The Parliament of the Republic of Montenegro , respecting the above-mentioned principles, rejects any activities in the canyon of the Tara river. As citizens, we are aware that the Tara is our future and our trademark. Any intention to make any changes to the Tara should be subject to a referendum in which all citizens of Montenegro would voice their opinion. We believe this is the only just solution not only today but in also future.
Therefore, we appeal to the Government of the Republic of Montenegro , the Government of Bosnia and Herzegovina , the Government of the Republic of Srpska and the High Representative for Bosnia and Herzegovina to do everything in their power to prevent the devastation of the Tara riv.
JUSTIFICATION
- Constitutional Basis for Issuing the Declaration on the Protection of the River
the Parliament of the Republic of Montenegro is authorized to pass laws, other regulations and general acts (Article 81, paragraph 2), as well as to conduct a referendum (Article 81, paragraph 6). Furthermore, the Constitution states that all activities in Montenegro are allowed, except for those prohibited by the Constitution (Article 13).
The Constitution of the Republic of Montenegro states that the citizens should excercise authority directly and through freely elected representatives (Article 2). The citizens are also guaranteed the right to propose new laws, other regulations and general acts under the condition that they submit a petition with 6000 valid voters` signatures (Article 85).
- The Reasons for Issuing the Declaration on the Protection of the Tara River
The Issuing of the Declaration has been motivated by the need to achieve the rights to a healthy environment and full information on its status, as well as by the obligation of the State to protect and improve the environment. All these rights are guaranteed by the Constitution (Article 19). In addition, we remind of the State`s responsibility to protect the environment by limiting the freedoms in the industrial and economic sector, as per the Constitution (Article 65). One of our aims is also to ensure that the Declaration on Montenegro as an Ecological State is respected, especially the provisions directly referring to the protection of the environment (Articles 4; 7.4; 7.5 and 9.4 of the Law on the Environment).
The Declaration on the Protection of the Tara River was initiated by a group of non-governmental organizations and individuals concerned for the protection of the river. The action outgrew a purely local level and drew attention of all citizens of Montenegro and many people from abroad. What gives it special merit is the fact that, for the first time, the citizens reached a concensus on a predominantly development issue and showed an interest to take part in supporting the action.
Given the specifics of Montenegro and its decision to become “an ecological state”, ensuring an important role of the public in the decision-making process, particularly when it comes to the environment issues, is of special importance. Our arguments are further supported by the regulations and practices in the developed countries (as well as in the countries moving towards regional, economic and political integrations), which enable and encourage civil initiatives through the concept of public participation in the decision-making. The Convention on the access to information, public participation in the decision-making and legal responsibility related to the environment issues (The Aarhus Convention, 1998) is of special importance for the protection of the environment. In addition, the basic regulations of the international treaty have become part of the EU legal system, through the:
- Directive of the Council 97/11/EC on the evaluation of the impact of some public and private projects on the environment.
- Directive of the European Union and the European Council 2003/35/EC which provides public participation in drafting certain environment related plans and programs. This Directive serves as an amendment to the EC Directives 85/337/EEC and 96/61/EC, which further define public participation and protection of the environment.
- Directive of the European Union and the European Council 2003/4/EC on the availability of information related to the environment issues. This directive also revokes the EC Directive 90/313/EEC.
These Directives contain provisions on public participation in all phases of impact evaluation. They also state that a country planning a certain project is required to inform and consult other countries in case when the planned project may have an impact on the environment outside its borders.
The State Union of Serbia and Montenegro has not signed the Aarhus Convention and the United Nations Convention on Evaluation of the Impact to the Environment Outside the State Borders. However, Serbia and Montenegro participates in these processes and its member-republics perform the following activities: 1) work on the regulations in order to harmonize them with international standards; 2) effect institutional and systemic reforms; 3) make preparations for signing bi-lateral and multi-lateral agreements and create the conditions for their implementation.
Following the global trend of sustainable development and the struggle of the whole world to save the nature as an invaluable treasure of any country in the world and the whole planet, the citizens of Montenegro have signed the petition in which they request the Parliament to adopt the Declaration for the Protection of the Tara River . They expect that their representatives in the Parliament will listen to the voice of the public and adopt the Declaration for the sake of our future.
Placing their confidence in the State and Parliament as a part of the European democracy, by signing the petition the citizens of Montenegro have expressed their trust in the parliament as an institution which takes care of the people whom it represents.