Institutional Blindness, Inspectorate Inaction and the Forestry Law as an Alibi: Who Will Be Held Accountable for Kraljuštica?

Bosnia and Herzegovina continues to be a testing ground for small hydropower plant (SHP) projects that, instead of contributing to development, cause devastation of natural resources and local communities. One of the latest examples is the reconstruction of an SHP on the Kraljuštica River in the municipality of Konjic. The consequences of this project, according to residents and the non-governmental sector, are already evident through the occurrence of landslides and floods threatening the village of Kralupi, according to an analysis by the Aarhus Center.

The future of the Kraljuštica River is uncertain due to landslides caused by floods, which, together with new construction works, increase the risk to the safety of Kralup residents. Although the consequences are already visible through landslides, floods and a damaged ecosystem, the competent inspectorates do not consider anything questionable because the investor holds valid permits. In other words, the inspectorates focused on permits from past years, not on the current situation on the ground, even though recent floods have brought serious consequences.

Projects like this point to a long-standing problem of irresponsible management and lack of regulation in the field of environmental protection. Local authorities and competent bodies often turn a blind eye to the negative impact of SHPs, prioritizing the interests of investors at the expense of the public good. Even when citizens warn of obvious consequences, their appeals encounter bureaucratic obstacles and are ignored. Instead of acting in accordance with regulations, the inspectorates that should monitor the legality and environmental impacts of construction works do not take concrete steps. Residents of Kralup have been warning for months about the consequences of the works on the Kraljuštica, but the responses from the inspectorates have been inadequate.

Moreover, the inspectorates often cite legal gaps as justification for their "work," referring to the lack of a Forestry Law of the Federation of Bosnia and Herzegovina, which ceased to be valid in 2009, and the absence of a cantonal forestry law. The forestry inspection claims that all authorities in the field of forestry are in a legal vacuum because of this, implying that they are not authorized to take measures to protect forests. However, this is contradictory, because in 2017 they carried out inspections in the area of the municipality of Konjic and identified illegal tree felling. If the legal vacuum prevented their action, on what basis did they conduct inspection oversight?

Furthermore, the inspection issued administrative prohibition measures and misdemeanor warrants against individuals, which shows that they have legal grounds for action but apply them selectively. The forestry inspection did not offer concrete solutions for the devastation of the forest area along the Kraljuštica, but instead repeated phrases about "legal limitations." Even if the law does not exist, the inspection has an obligation to protect forest resources based on other applicable laws, such as the Criminal Code of the Federation of Bosnia and Herzegovina. This shifting of responsibility between inspectorates only worsens the situation.

The water inspection, which should be the first line of defense for watercourses, is also not responsible for works on land or landslides, which is a classic example of avoiding responsibility. Changes in the watercourse of the Kraljuštica River were noticed after the works, raising suspicion that these works could be the cause of the floods, but further analysis was not carried out. Instead of responding to requests for damage remediation, the inspection focused on procedural aspects. Also, appropriate environmental impact assessments have not been carried out, allowing investors to continue works regardless of the obvious environmental consequences.

The consequences of institutional passivity on the Kraljuštica are not only environmental but also social, as landslides threaten the property and safety of residents, while floods only worsen an already existing problem. The Kraljuštica River is becoming a symbol of irresponsibility and corruption.

The construction inspection also supported the investors, stating that the SHPs Kraljuštica 1 and 2 have use permits. This statement is contradictory in light of the requests that the Aarhus Center in Bosnia and Herzegovina sent to the inspectorate, as it does not answer specific questions nor the request for field supervision. The construction inspection thus practically withdrew responsibility, providing no explanations about the actions they have taken given the current situation.

Such an approach by institutions allows investors to work without accountability, ignoring identified problems, while the environment and people suffer serious damage. Institutions must recognize nature as a key part of the country's identity and survival, otherwise Bosnia and Herzegovina will continue to lose its most valuable natural resources and endanger the future of its citizens.

„Kraljuštica and similar rivers must not become a symbol of the failure of our environmental struggle. They must remain an example of our determination to stand up for the protection of nature and the common good,“ stated Emina Veljović, executive director of the Aarhus Center in Bosnia and Herzegovina. She added: „Inspectorates must understand that permits are not a blank check for unlimited exploitation of space. Instead of solving real problems, they are satisfied with administrative responses, allowing investors to continue working without accountability. That is why we are forced to request an administrative inspection oversight from the Federal Ministry of Justice,“ it was stated in the analysis.