PART II: Case Examples from Central and Eastern Europe

Motorway Brno-Dresden

Czech Republic

Martin Robes

Background

Finally, the government decided to construct the Czech highway network in 1993, but the time schedule continues to change. The Ministry of Transportation is responsible for the execution of the project. The whole plan is financed by the state budget and the annual motorway fees collected by the Directorate of Motorways, which is the investor.

The length of the highway in the Czech Republic is divided into seven sections. Five of them were decided before the law on EIA became applicable. The initial idea of building a new motorway was raised in 1963, long before the EIA law was passed by parliament. Insisting on the old-fashioned plan, local authorities anticipate an exceptional permit from the Minister of Environment to complete the original project done. The law empowers the Minister of Environment to make an exception when the general public interest is proven by the investor. Of the whole project, only two sections passed through the EIA procedure and the construction permitting process. Two sections must be discussed according to the EIA law, and two other sections have to go through the construction permitting process. The final decisions related to the different sections will be made by different District Offices (according to different scope of authorities), and the construction permit issued by the District Office. According to the Czech nature protection system, motorway construction is prohibited in any Protected Landscape area. The proposed motorway will pass one Protected Landscape Area from the Czech Side.

Czech and German NGOs, Children of the Earth, GrŸne Liga and experts have proposed alternative routes to avoid damaging the protected and sensitive areas of both countries.

Problems/Effects

The impact of the highway would go beyond the neighboring landscape and countryside, damaging the densely settled urban areas by emitting industrial pollution. Despite present legislation, the Czech government plans to build this highway.

Road to nowhere: Sacrificing environment for development

Strategies Employed

In 1994, several meetings were held with the German Ecological Council dealing with independent evaluation and alternative proposals on the direction of the highway. In the summer, Children of the Earth submitted the alternative option to the Government and political parties. In the meantime, the NGO has started a mobile exhibition along the proposed road in order to raise public awareness. In 1995, new alternatives were elaborated by the organization and independent experts. In 1996, there was a protest camp in the protected Landscape Area.

Children of the Earth and other northern Bohemian NGOs and citizens were against the project and expressed their differing opinions by initiating a petition (approximately 4,200 signatures were gathered). These signatures were given to the Ministry of Transportation. The Town Council of Usti nad Labem refused to hold a local referendum regarding the motorway project and the inhabitants were not informed of the negative impact of the construction. Because of the current road's condition, even if a referendum were called, the population would vote for the motorway.

From the legal point of view, construction in a Protected Landscape Area, Bohemian Middlerange is prohibited by Czech law.

Children of the Earth is participating in the EIA process, requesting that the construction halt and that the route of the motorway be moved away from non-protected and sensitive areas.

The media was first made aware of the problems by the NGOs. Organizations from both sides were involved in this issue and proposed optional roads that would bypass the protected areas in both countries.

NGOs were active in organizing protests, press conferences and environmental exhibitions. The mobile exhibition "Tent for Life" consists of 15 information boards. This tent is set up on main town squares to bring attention to the highway issue. NGOs also arranged meetings between the officials and citizens and collected signatures.

The local authorities reacted passively, with the exception of the Council of Usti nad Labem, whose authorities are still lobbying in order to hasten the construction and the subsequent related economic growth.

Organizations influenced the national government by pressing the Ministry of Transportation to change the plan, while citizens complained directly to the Ministry of Environment.

Children of the Earth used legal instruments to pressure the government. They turned to the Constitutional Court, indicating that in this particular case, the plan was not subject to an EIA, as is legally required. The court refused the suit, however, and the NGO has appealed to the Supreme Court.

Unfortunately, NGOs were not able to use international treaties as legal bases, therefore the Children of the Earth used non-legal instruments, such as lobbying the ministry and local governments and contacting the Directorate of Motorways, but this institution was not willing to communicate with citizens or provide information.

Because of the transboundary involvement, many NGOs were active from both sides. Financial aid came mainly from foreign foundations - USA, Sweden, Netherlands, Sweden and Switzerland - beyond the NGOs actions, many articles were published and officials were pushed to work out options.

Outcome

Lessons Learned

1. NGOs can combine legal and nonformal instruments to influence the decisionmaking process. However, in order to use them in a effective manner, NGOs need legal expertise, thorough knowledge of legal systems, a sound long-term strategy and flexibility to change tactics when needed.
2. Local authorities play a crucial role in decisionmaking, therefore NGOs have to convince first their own local communities and local governments in order to give the problem a strong foundation of support.
3. It is hard to explain the negative impacts of modernization and economic growth to inhabitants who are keen to increase local employment and economic development. In this case, there is a confrontation between economic interest - represented by the local authorities, the majority of inhabitants and environmental protection. Providing sound options that bypass the protected areas and organizing public education campaigns, such as the "Tent for Life," were two strategies for addressing this conflict of interest.
4. Nonformal instruments, like protests, mobile exhibitions press conferences petitions and meetings between citizens and officials, are useful techniques to bring public attention to environmental issues, particularly when authorities do not inform the public of potentially negative impacts of a project.
5. Nonformal NGO involvement and pressure from both sides of the border is crucial in projects with multi-national implications. Successful coalition-building can help in this regard.
6. Mass media publicity rallies politicians to action, but the media does not always play a positive role since it can also be used as a tool of manipulation.