Eko akcija commented on the annulment of the Decision on measures to protect ventilation corridors

(Patria) - The Government of Sarajevo Canton (NS, NiP and SDP) annulled the Decision on temporary measures to protect ventilation corridors on May 12, 2021, thus opening the door wide for the continuation of the betonization of Sarajevo, which was started by SDA, it was announced from the Eko akcija Association.

"The move was carefully timed - the day before Eid al-Fitr, and at a time when the public is preoccupied with the tragedy of the Palestinians in Gaza - so that it would go unnoticed, given that it directly contradicts the programs and promises of the 'Trojka' coalition members. The Government of Sarajevo Canton made the aforementioned decision last year, based on the Study on urban ventilation corridors and the impact of high-rise construction on air quality and the city's climate. The study was prepared as part of the Green Cantonal Action Plan, within the framework of the European Bank for Reconstruction and Development (EBRD) 'Green Cities' program.

The British company Atkins worked on the study and determined that high-rise buildings can contribute to air pollution. In the narrow Sarajevo basin, additional high-rise construction prevents air circulation that disperses air pollution. The City of Sarajevo administration recognized this problem back in 1990, when the still valid Urban Plan for the urban area of Sarajevo was adopted. This plan, with which all lower-level plans (e.g., municipal) must be aligned, prohibits further high-rise construction. Despite this, Sarajevo has been choked with new construction, predominantly medium and high-rise, over the past three decades.

An additional problem of rampant construction is the betonization of open spaces and green areas in the city, which are already scarce. At the same time, the 2013 census found that every fourth apartment in Sarajevo is empty, which indicates that further construction is unnecessary in terms of general public interest. The decision to de facto intensify it only benefits construction clans and real estate speculators, while the population will suffer long-term consequences.

Was the Decision repealed on the grounds of unconstitutionality?

The Constitutional Court of the Federation of Bosnia and Herzegovina ruled on April 21 this year that the Decision on temporary measures to protect ventilation corridors (determined by the Study on urban ventilation corridors and the impact of high-rise buildings) did not violate the right of the municipality of Novi Grad to local self-government. In other words, the Cantonal Government (in the previous convocation) had full legal authority to make that decision. The verdict was published in the Official Gazette of May 7, 2021. The current Government was informed of the verdict, yet on May 12, it annulled the Decision with a disinformation campaign against the public conducted by the responsible minister Enver Hadžiahmetović and his party leader Elmedin Konaković.

We quote the statements: 'a law cannot be made obsolete by some government decision' this created the possibility for investors to sue the authorities. 'So that we don't turn Sarajevo into a twilight zone for investors whom we are driving away by creating such legal uncertainty,' we read on E. Konaković's public FB profile on May 13.

Why was the Government in a hurry to repeal the decision just two months before its expiration?

If there were no legal reasons for repealing the decision, what prompted the Cantonal Government to take such a step? Minister Hadžiahmetović mentions the interests of investors four times in his statement. In the spirit of promises of complete transparency, often promised from the highest circles of the 'Trojka' parties, we call on the minister to publicly disclose the names of those investors whose profit is more important than the breathing of the people of Sarajevo.

Minister Hadžiahmetović announces that the complete study will be integrated into the new Urban Plan - for the adoption of which the City Administration is responsible, not the minister. Otherwise, the new version of the Plan, contrary to legal provisions, is still kept in strict secrecy. Adoption alone can take years, which construction clans will undoubtedly know how to exploit.

Why was there no public debate?

For the umpteenth time, the Government and Assembly of the Canton, led by the 'Trojka', and previously the 'Šestorka', are making decisions of extreme importance for our environment without any public debate, despite the intensive advertising of their own transparency.