Resource Aarhus Centre in BiH Files Lawsuit Against Federal Ministry and Government of FBiH

(Patria) - The "Resource Aarhus Centre in BiH" association has officially filed a lawsuit against the Federal Ministry of Agriculture, Water Management and Forestry and the Government of the Federation of BiH due to an illegal decision that allows the conversion of forest land into construction land. The association, which operates in the field of environmental and nature protection, has sought justice for the incorrectly applied substantive law, violation of procedural rules, and erroneous determination of factual circumstances during the decision-making process.

The lawsuit is based on a decision issued on October 19, 2023, which allows the interested party, JP Autoceste FBiH d.o.o. Mostar, to convert forest land for the construction of an inert material landfill and an access road in the settlement of Karadaglije, municipality of Tešanj.

This decision was made without an adequate legal framework, given that the Federation of BiH has not had an adopted Law on Forests for fifteen years, and that forests and forest land are state property that can only be disposed of by Bosnia and Herzegovina as its owner.

Furthermore, the public was not involved in the decision-making process, which is contrary to the Law on Environmental Protection of the FBiH and the Aarhus Convention. Residents of Tešanj only learned about the extent of the devastation and deforestation after the decision had already been implemented, which further highlights the flaws in the entire procedure.

"The decision of the Federal Ministry of Agriculture, Water Management and Forestry of the FBiH, which allows the clear-cutting of high-value forest on an area equivalent to 28 football fields, directly violates the decision of the Parliament of the Federation of BiH, which designates Crni Vrh, also known as Kraljevo Brdo, in the municipality of Tešanj as valuable natural heritage that needs protection," said Davor Šupuk, adding: "The decision of the Government of the FBiH to remove the legal representation of Bosnia and Herzegovina from the decision-making process regarding the conversion of state forest into construction land testifies that such a decision was not accidental."

This case represents a precedent that could have far-reaching consequences on the management of forest resources in Bosnia and Herzegovina. The absence of a legal framework for forest management opens the door for abuses and degradation of our natural resources, which can have serious ecological, economic, and social consequences.

"Establishing the principles of legality and transparency in natural resource management is crucial for building public trust in state institutions and ensuring sustainable development. Forests are not just a source of timber, but also a vital part of the ecosystem that ensures clean water, air, and a home for numerous plant and animal species," said Nina Kreševljaković, a lawyer at the Aarhus Centre in BiH.

The "Resource Aarhus Centre in BiH" association hereby calls on the competent institutions to urgently review the issued decision and take steps to ensure compliance with the law and environmental protection.

"We appeal to the public to get involved in the process of protecting our natural resources and to support our efforts in preserving the environment for future generations. It is important that all citizens of Bosnia and Herzegovina are aware of the importance of forests and forest land for our ecosystem and that we work together to preserve them," said Emina Veljović, Executive Director of the Aarhus Centre in BiH.