PART II: Case Examples from Central and Eastern Europe

Lake Peipsi

Estonia

Gulnara Roll

Background

Biological and chemical investigation of the lake's quality has shown high eutrophication. The contamination of the water is the result of an excessive nutrient load from the cities of Pskov, Russia and Tartu, Estonia. Although during the last five years economic activities in the region have decreased, resulting in a reduction in the release of the organic pollutants, the eutrophication is still significant.

Since Estonia and Russia adopted their respective declarations of state independence in 1991, relations between the two countries have been tense. Due to the political tensions, there has been no contact between Estonia and Russia at an intergovernmental level. No environmental agreements exist between the two nations. Before 1991, the water quality monitoring was organized by the Hydrological and Meteorological Services of Estonia. After the border system was reestablished between Russia and Estonia, water monitoring on the Russian side of the lake was interrupted and has not been conducted until now. There is no adequate or reliable information on the water quality of the lake.

Problems/Effects

Strategies Employed

With the help of ecological and sociological studies about the transboundary area, the Lake Peipsi Project collected information based on assessments of the problem were available. They endeavored to study the problem from both Estonian and Russian perspectives. This method enabled them to prepare a comprehensive analysis taking into consideration the viewpoints of both sides and identifying the factors of mutual interest on the future development of the region. The NGO activities were financed by grants from the Central European University, the MacArthur Foundation, IREX, UNDP and the Tallin Office of Stockholm Environmental Institute.

The LPP was lobbying strongly for the signing of a framework environmental agreement between Estonia and Russia. To this end, it organized meetings, conferences, joint projects to establish contact between governmental officials, scientists, education experts, businesses and NGOs working in the Lake Peipsi Watershed area. It also prepared publications and informed the media in order to draw the public's attention to the heavy pollution in the Peipsi Lake area. The organization analyzed environmental policies in relation to the implementation of environmental legislation between Estonia and Russia, and attempted to establish international contacts to bring to the attention of local people and officials the water pollution problems.

In relation to the pollution of Lake Peipsi, several international treaties could be applied to solve the problem. However, none of them has been applied so far. One of them is HELCOM, an international convention signed in 1974 by the former Soviet Union. In 1992, the contracting parties adopted a new text of the Helsinki Convention, with Russia and Estonia signing independently. The convention gives the parties the opportunity to unify the methodology of monitoring. Within the framework of HELCOM, the Baltic Sea has a unified monitoring system, but unfortunately this not applicable for fresh waters. It is possible for the parties to apply these monitoring regulations to their interior waters. However, since the recommendation of HELCOM is not legally binding, countries have the freedom to choose whether or not to implement the recommendations.

There is another treaty signed by both countries that can be used for solving the problem: According to the 1992 Convention on the Protection and Use of Transboundary Watercourses and International Lakes, "The parties bordering the same transboundary waters will have to enter into bilateral or multilateral agreement in order to define their mutual relations and conduct regarding the prevention, control and reduction of transboundary impact."

The Convention on Environmental Impact Assessment in a Transboundary Context (ESPOO Convention) could be applicable, but so far only the Russian government joined, while Estonia only participated in the preparatory stage. ESPOO - was not signed by the Estonian government. However, Estonia is planning to sign the convention, and the Ministry of Environment developed national guidelines according to EIA regulations that comply with the recommendation of the convention. The Ministry also proposed that Estonia should sign a bilateral agreement with Russia related to EIA developments that have transboundary effects. The Russian side supported the idea but so far no practical steps have been taken.

Furthermore, both Russia and Estonia have joined the Ramsar Convention on Wetlands of International Importance especially as Waterfowl Habitat. The Russian coast of Lake Peipsi (Pskovskoe-Chudskoe plain, including the Remdovsky Nature Reserve), was declared a Ramsar site on Sept. 14, 1994. Estonia also plans to add on its parts a Ramsar area in the Matsalu Bay in the Peipsi Watershed: the mouth of River Emajogi including Piirssaare Islands and Endia Nature Reserve. This creates a window of opportunity for the two countries to develop future cooperation in the protection of wetlands in the Lake Peipsi/Chudskoe Watershed through the coordination of national wetland policies.

In December 1995, the LPP organized a conference in St. Petersburg, Russia to discuss the text of a draft framework environmental agreement between Estonia and Russia. As a result, proposals were submitted to the draft to the Ministry of Environment of Estonia and Ministry for Protection of the Environment and Natural Resources of Russia. However, due to the political tensions, the two governments did not discuss the draft agreement until November 1995. In the meantime, during the winter of 1994-95, the LPP also sponsored the preparation of a local draft that was later accepted as the official draft by the Estonian Ministry of Environment and used in the bilateral negotiations with Russia. In November 1995, the LPP submitted additional proposals both to the framework and the local draft environmental agreements.

Outcome

With the help of Western foundations, especially the CEU, IREX, MacArthur foundation and financial aid of the U.N. Development Program, the Lake Peipsi Project began to build communication channels (including an electronic communications system) and a network of people involved in environmental management and sustainable development programs around the lake.

In January 1996, the framework of an environmental agreement between Estonia and Russia was signed and officials began to work on an environmental information exchange. The Lake Peipsi Project - during the negotiation process - submitted proposals for the text of the agreement, some of which were accepted at the meeting of Russian and Estonian experts.

Lessons Learned

1. Because of the political tension with Russia, the whole process of lobbying and influencing the government took several years.
2. A shared natural resource, such as Lake Peipsi, requires cooperative efforts between the two countries in order to coordinate regulations and policies concerning the lake's protection.
3. For organization of transboundary cooperative projects, reliable channels for communication and information exchange are of great importance to prevent any conflicts which originate due to the lack of information. Development of electronic communications is crucial for the effective management of these projects.
4. NGOs can become involved in negotiation processes on bilateral agreements between affected governments, often successfully influencing both the process and the content.
5. NGO activity cannot be prevented even by political pressure and touchy international issues. They can help to ease the tension and contribute to solution of a transboundary conflict situation.
6. Political problems between neighboring countries make work of NGOs more complicated. NGOs must avoid involvement partisan political activities to keep their neutrality.
   Operations of NGOs working in transboundary context can be very expensive due to high costs of international travel, visas and telephone communications.