Chapter 2: Bosnia and Herzegovina
(continued)
MAPPING AND EVALUATION OF OPPORTUNITIES
Since international decisionmaking is within the competence of the state, the first chart represents the situation in Bosnia and Herzegovina, while other charts illustrate the situation in the entity of the Federation of Bosnia and Herzegovina, and they are both focused primarily on the situation in practice.
International Decisionmaking
The legislation of Bosnia and Herzegovina does not provide any possibilities for the public to participate in the decisionmaking process on the international level. Equally, the legislation of Bosnia and Herzegovina does not provide any possibilities for NGOs or individuals to control decisionmaking, to have their comments seriously taken into account or to participate in joint decisionmaking. No one is obliged to adequately notify the public about what is going on the international level of decisionmaking and it is also questionable whether the public can obtain information, since there is neither legislation nor a state institution designated to provide such information.
Given the current situation regarding public participation in international decisionmaking, the following recommendations can be made to improve it. First, there is a need to have environmental legislation for both entities (state legislation) which would regulate these issues, since at the moment there are no environmental international activities. Such legislation should incorporate a legal framework for joint institutions and their responsibilities with regard to international obligations of the country. It should also enable the public to actively participate in international decisionmaking. In addition to that, the adoption and incorporation of international conventions in domestic legislation is needed to enhance their image and effectiveness within the national legal system and to ensure the implementation of international standards.
Preparation and Approval of National Laws and Regulations
Control of decisionmaking, the right to joint decisionmaking, the right to have their comments seriously taken into account, the right to be informed and notified are not accessible to the public during the preparation and approval of national laws and regulations. Slightly better opportunities are provided in terms of the right to access to information, although this right can also be regarded as up to the discretion of the authorities since there is no explicit obligation for any authority to provide environmental information. The legislation also does not propose the obligation of authorities to inform the public about the decisionmaking process on this level. However, the public can receive environmental information from different media outlets, MPs, government officials, etc.
| TABLE 4: Preparation and Approval of National Laws and Regulations |
| |
Initiation of DM (problem/ proposal) |
Defining the scope, issues and stakeholders (pre-decision scoping) |
Defining the scope of DM (impacts and alternatives) |
Evaluation of the alternatives |
Selection of the alternative (DM about the selected alternative) |
Execution of the selected alternative |
Post-decision monitoring & enforcement (feedback/ adjustment) |
Phases of Decisionmaking
LEVELS OF PUBLIC PARTICIPATION |
| Control of decisionmaking (right to decide) |
- |
- |
- |
- |
- |
- |
- |
| Decisionmaking power is shared (right to joint decisionmaking) |
- |
- |
- |
- |
- |
- |
- |
| Comments are seriously taken into account (right to be heard) |
- |
- |
- |
- |
- |
- |
- |
| Adequate notification (right to be informed) |
- |
- |
- |
- |
- |
- |
- |
| Access to information (right to access to information) |
2 |
2 |
2 |
2 |
2 |
2 |
2 |
There are many obstacles to active public participation on the level of preparation and approval of national laws and regulations. First of all there is no obligation for the sponsor of laws to make available draft materials to the public. Secondly, there is no obligation to consider the suggestions of the public on the drafts. Moreover, there is no mechanism which would ensure the access to participation in the work of the parliament and government for those persons (or NGOs) who made suggestions on the drafts of laws (regulations).
Public participation in the preparation and approval of national laws and regulations can be improved by the creation of a transparent system, in which the public would have a right to access drafts and also to make suggestions. The introduction on public hearings in the Parliamentary Rule Book, which regulates the activity of the Parliament, would contribute to a better realization of public participation rights.
Preparation and Approval of National Strategies, Programs, Plans
Documents such as national environmental strategies, programs and plans have not been adopted yet. Current legislation does not have provisions which would enable public participation in any segment listed in the table below. The new Draft Law on Environmental Protection envisages the adoption of such documents on the Federal and Cantonal level, but it does not provide any specific public participation right in the preparation and approval of national strategies, programs or plans.
Therefore, it would be necessary to incorporate into future Federal legislation specific rights to public participation in the preparation and approval of national strategies, programs and plans.
Preparation and Approval of Local Rules and Regulations
Although local authorities (cantons) are obliged to adopt their own environmental legislation in accordance with the new constitution, none of them has done it so far. Therefore, evaluation of public participation on a cantonal level can not be made for the time being.
Since cantons represent the key level in the organizational structure of the Federation, and its importance in environmental issues have been stressed in the FBIH Constitution, public participation in the preparation of cantonal rules and regulations will have particular weight in the future. To that end, it is necessary to adopt legislation and create mechanisms which would enable broad public participation.
Preparation and Approval of Local Policies, Strategies, Programs, Plans
The situation with public participation in the preparation and approval of local policies, strategies and plans does not differ much from the situation with public participation in preparation and approval of cantonal laws/regulations as well as national strategies, programs, plans. None of these documents have been adopted yet. Problems and recommendations of the previous two schemes are fully applicable to this one.
EIA
(In the context of the FB&H legislation the EIA is a part of essential documentation required for issuance of building licenses or registration)
The Study on Environmental Impact is a part of the essential documentation required for building license, registration and re-registration of the activities that jeopardize or may jeopardize the environment. The role of this assessment and its adoption procedure is taken from the old legal system. There are a number of legal entities which have permission for development of such studies.
EIA is not regulated by specific law and in the context of FB&H exists only as the described study. As can be seen, the public has no right to participate in its development.
Siting
Public participation in siting procedures are not regulated by any legislation separately, and it will compose a part of the national/cantonal policies and regulations when pending legislation come to force. Thus, the situation with public participation in siting procedures does not differ from what exists in the levels of national/local laws/policies preparation and approval.
So, the recommendation made for national/local laws and policies are fully applicable to siting.
Management of Environmental Funds
No environmental fund has been established for the last two years. However, the new Draft Law on Environmental Protection proposes its establishment and the FB&H Government has allocated financial resources in its budget for this purpose. The public is not aware of these funds and it is not clear from the current legislation or new draft how transparent its management is going to be.
Permitting
Public participation in permitting procedures is not regulated by any law. What has been said for siting is applicable to permitting, including recommendations.
REC * PUBLICATIONS * DOORS TO DEMOCRACY - CEE * BOSNIA AND HERZEGOVINA
