
Press Release – The Ombudsperson published the Report with Recommendations concerning the issue of lawfulness of procedures with regard to hydropower plants in the country and access to documents related to hydropower plants
Prishtinë, 3 February 2021 – The Ombudsperson, within the scope of exercising his powers and legal responsibilities, published Ex-Officio Report with Recommendations no. 365/2018, concerning the issue of lawfulness of procedures with regard to hydropower plants in the country and access to documents related to hydropower plants.
Report includes also Complaint no. 82/2019 of Mr. Dobrivoje Stevanović and other 1200 inhabitants of Shterpce against the Ministry of Economy and Environment, regarding the issue of hydropower plants in the Municipality of Shterpce, as well as the Complaint no. 753/2018, of Mr. Adritik Gacaferi, representative of Non-Governmental Organization “Environmentally Responsible for Action” (ERA), against the Municipality of Deçan as well as Complaint no. 576/2019, of Mrs. Albulena Nrecaj, on behalf of the NGO “INPO”, versus the Ministry of Economy and Environment, regarding the restriction of the right to access documents related to hydropower plants.
From overall analyses, the Ombudsperson has observed that the process concerning hydropower plants in the country has been followed by ongoing shortcomings in terms of three-dimensional procedural aspect, such as access to information, public participation in decision-making as well as access to justice.
The Ombudsperson, by taking into account the impact of hydropower plants on the environment, shortcomings concerning respect of citizens’ right to access information, the right of participation of the public in decision-making and access to justice, as well as dissatisfaction exposed by civil society and citizens in general, through the Report calls upon state’s authorities to balance the public interest with the economic one, by carefully assessing the interest between the importance of energy production through hydropower plants in the country in reference to the environmental impact that can be severe and irreparable.
Report aims to draw attention of the Ministry of Economy and Environment, of Municipality of Deçan, of Municipality of Shterpce and other responsible authorities on publishing documents related to the legality of hydropower plants in the country, respect of public participation procedures in decision-making process as well as access to justice.
The Report provides specific and concrete recommendations for the Ministry of Economy and Environment, for municipalities of Deçan and Shterpce, to make public all documents related to the operation of hydropower plants in Deçan and Shterpce, as well as the Kosovo Judicial and Prosecutorial Council: To take measures to handle cases related to hydropower plants with priority.
On 17 July 2019, the Ombudsperson addressed the MESP Minister Request for interim measure.
For more information, Ombudsperson’s Report with Recommendations can be found in the following link https://bit.ly/3jllbLm