Green Action
Croatia

Project No. 20548: Strengthening Public Participation

Background

Green Action is among the most well-known environmental NGOs in Croatia. Established in 1990, it has some 700 active members. In addition to local initiatives around Zagreb, Green Action cooperates with other NGOs at the national and international levels.

Another important aspect of its activity is cooperation with national governmental institutions. Green Action participates in the Legislative Working Group of Parliament's Environmental Committee, the Commission for Eco-Labeling and the Government Coordination Committee for the Protection of the Ozone Layer.

Its international activities involve the Climate Action Network, the Danube Environmental Program and the representation of NGOs in Central and Eastern Europe in negotiations with the Global Environmental Facility.

Green Action's "Green Phone" project was established in 1992 to help citizens participate in solving environmental problems. The first six months of the year brought 932 registered calls to the Green Phone. A monthly bulletin ensures the circulation of information to the media, Green Action members and city institutions.

Project Goals

To strengthen public participation in the decisionmaking process with respect to environmental protection and sustainable development
To establish a Legal Working Group and provide individuals and NGOs with legal assistance and help them by making the Green Phone accessible

Objectives

To improve the existing Green Phone (GP) service by fostering more effective use of legal instruments by the general public
To increase the interest of the identified target group of currently passive supporters by distributing the GP newsletter to them
To stimulate public discussion of environmental issues by organizing monthly public round-table meetings
To present complete legal analysis to individuals and NGOs on environmental problems

Amount Awarded

11,118 ECU

Implementation

The recently established "Green Phone Legal Working Group" comprises mostly law students with an interest in environmental issues who work with the guidance of an environmental lawyer. The group addressed the lack of capacity to respond to an unexpected increase in the number of requests from the general public. Group members take calls and provide legal advice twice a week. Two model cases were chosen for the case study, in which outside experts were involved as well.

Model cases of public participation undertaken by GP's Legal Working Group were published along with other articles in the newsletter Zelena Akcija, of which 1,000 copies were printed. All published materials aimed to motivate new activists and overcome the lack of environmental information in the mass media.

Round-table discussions were held to discuss model cases. Announcements on radio, advertisements in daily papers and direct invitations encourage participation.

A press conference was held at the outset of the project to inform the media and the public about the project.

The Legal Section's work consists of a weekly meeting at the Green Action (GA) office and of direct field work with citizens involved in cases. The discussion focuses on pinpointing available steps that can be taken to solve cases, including formal and nonformal instruments. An advertisement was placed in a daily newspaper to boost the number of requests for information. However, except for inquiry calls, not one letter has been received since the ad first appeared.

As a result of the GA Legal Section's work, a database on environmental legislation has been created and a small library is being established containing information related to legal aspects of environmental protection.

Monthly round-table discussions have been organized to discuss priority environmental topics with the participation of all interested parties. Citizens, GA activists, representatives of city agencies and the media were invited with the goal of strengthening cooperation among the various players in environmental cases.

The following activities were carried out within the scope of the Legal Section's work on a particular case (i.e., the Ivanec quarry - see sample case below):

research into and collection of specific legislative regulations and all relevant documentation;
phone consultations;
field research in Ivanec;
analyses of the previous cases and the selection of the appropriate legal procedure (first phase, administrative procedure; second phase, court procedure);
preparation of the Administrative Procedure Claim and of the Citizens' Reference, and preparation for the round-table discussion (e.g., theme selection, guest list);
soliciting public signatures for a claim to start administrative procedures and submission to the authorized inspectorate. The claim was sent at the beginning of May, and the Legal Section is now awaiting a reply.

Target Groups

Citizen groups, government officials and the media.

Lessons

Major Problems

Becuase of the low level of public awareness and interest concerning environmental problems, only few phone calls and letters were received and answered by the Legal Working Group. Citizens have been mostly interested in using nonformal instruments rather than seeking legal help or going to court.

Although formal and legislative means of environmental protection do exist, legal constraints have nonetheless hindered the activities of NGOs.

Major Successes

While the project was certainly useful, tangible results could not yet be perceived during the project period. Nevertheless, the establishment and continuous operation in Croatia of the Green Action Legal Service has been a success.

Overall Evaluation

The project helped to establish the Legal Section working in useful interaction with other sections of Green Action and resulting in significant activities on specific cases. In the Croatian environmental movement this is the first time that a grassroots environmental NGO suceeded in involving a group of law students and a law expert in its work on a permanent basis. Despite the problems experienced during the project, the Legal Section plans to continue its work raising awareness about the use of legal tools for public participation and encouraging citizens to take a more active role in environmental protection.

Sample Case

The Ivanec Quarry

This case concerns a quarry next to the village of Ivanec, near Zagreb. The quarry is owned by the Viadukt Company. Because of ongoing mining activities and inadequate use of explosives, Ivanec residents are continually subjected to excessive noise. Frequent tremors caused by mining have damaged property.

Furthermore, the company's use of inadequate technical equipment has resulted in environmental pollution, especially in springtime, when orchards, gardens and the surrounding forests are covered by a thick layer of dust.

Many people in Ivanec have complained about respiratory problems, which may be linked to the abnormally high levels of airborne dust. There is also a problem of constant traffic - old, noisy, polluting trucks that carry the material from the quarry.

The first meeting between the Legal Section and local representatives was held in January 1996. At the beginning, Green Action had difficulty in obtaining from the local authorities official documents concerning the quarry's activities and previous complaints by citizens. The situation has since improved, and Green Action has gained access to most of the pertinent documents.

At the moment, Green Action is researching whether the company had obtained all permits necessary for the latest phase of construction in the quarry.

Green Action believes it has several well-grounded arguments in the case, the main argument being the highly questionable location of the quarry - in a designated nature conservation area.

Green Action aims not to stop the quarry's operations immediately, but rather to force it to follow existing regulations and to undertake remedial measures before its closure (due by 2000 under current plans).

Upon consultations with members of the local community, Green Action agreed to take the following actions:

New letters of protest were sent to regional authorities, state agencies and other relevant institutions.
Public discussion have been and will be organized with all interested parties.
Measures will continue to be taken to prevent the issuance of new permits that would allow the company to expand its activity, including a request to start an administrative procedure.

Some Ivanec residents have already initiated a civil litigation procedure, and Green Action hopes to encourage others to do the same, demanding compensation from Viadukt for the fall in property values and for the actual material damage caused by the quarry operations.

Contact

Gordana Klaric
Josipa Jurinic: Green Action; Green Telephone; Legal Section; Radnicka cesta 22; 1000 Zagreb; Croatia; Tel/fax: (385-1) 611-1777; E-mail: za zg@zamir-zg.ztn.zer.de

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