Master on Local Development for the Balkans
University of Trento, Free University of Bolzano/Bozen
2002
The Municipality of Pancevo Environmental Department Communication System
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Project Work:
Ljubisa Vrencev
Supervisor:
Prof. Donata Borgonovo
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Pancevo: 30 December 2002
INDEX
1. Situational Analysis 3
1.1. Context 3
1.2. Present situation 4
2. Legal framework 7
2.1. Aarhus Convention 7
2.1.1. General provisions 7
2.1.2. Access to environmental information 8
2.1.3. Collection and dissemination of environmental information 10
2.2. Legal framework in Union of Serbia and Montenegro 13
2.2.1. Yugoslav Federal Constitution 13
2.2.2. Serbian constitution 13
2.2.3. Environmental law 14
2.2.4. New law on Local self-government 16
2.2.5. Ombudsman 19
2.2.6. Municipality Statute 20
2.3. Conclusions 20
3. Campaign Proposal 22
3.1. The role of Environmental Department of the Municipality of Pancevo 23
3.1.1. Raising public awareness actions for environmental protection problems 23
3.1.2. Starting legal actions against polluters 24
3.1.3. Adjusting Environmental Department to new legal circumstances 25
3.2. Target audiences 25
3.2.1. Internal 25
3.2.2. External 26
3.2.3. Targeted public groups in local community of Pancevo 26
3.3. Communications vehicles 29
3.3.1. Defining communication channels with targeted audiences 28
3.3.2. Internal channels 28
3.3.3. External channels 28
3.4. Key messages 28
3.5. Why is public outreach important? 30
3.6. Strategic attitudes towards targeted audiences 31
3.6.1. Internal 31
3.6.2. External 31
3.7. Communication programs 32
3.7.1. Internal 32
3.7.2. External 33
3.8. Definition of communication messages and contents 33
3.9. PR means production 34
3.9.1. Internal 34
3.9.2. External 34
4. Implementation 35
4.1. Local Environmental Action Plan (LEAP) Start-up 35
4.2. Internal activities program within the Environmental Department 37
4.3. Actions and projects for implementation 38
4.3.1. Trial Simulation project 38
4.3.2. Intervention Plan for project: “Building Community Vision“ 43
4.4. Timeframe for the first year of activities *LEAP 51
4.5. Timeframe for internal activities program within the Environmental Department 52
4.6. Estimated budget 54
5. Evaluation 55
6. Selected Resource Documents 56
1. Situational Analysis.
1.1 Context
Until 60’s Pancevo (14-km Southeast of Belgrade) has been mainly centre of agriculture production and trading business. After that period city rapidly changed through building of three large chemical industry complexes, which are Oil Refinery, Fertiliser plant, and Petrochemical complex. Unfortunately during all that period of time there was no adequate development in the sphere of environmental protection. First actions towards resolving the pollution problems were made by local NGO Zelena Pega at the end of 80’s. Those actions were manly pointed on raising public awareness actions but war in EX Yugoslavia completely stopped the process.
During past ten years pollution only increased and had it’s peak at the spring of 1999 when all three factories suffered very big damages since they were bombed for several times. These events caused extreme pollution of soil, water and air in the area by toxic and carcinogenic substances (mercury, VCM, SO2, and ammoniac).
After democratic changes in FRY new local government started to work towards resolving environmental problems but crucial move has not been done yet because of inadequate funds from one side and a very slow implementation of UNEP project for cleaning the polluted area, from the other. Local authorities at the moment seek for possibilities to install monitoring system for the air since factories are still working and at the moment there is no possibilities to stop them without facts that can be used for any kind of legal actions against polluters.
Through City to City program funded by Italian Government and implemented by UNOPS, Pancevo situation draw attention of city of Ravenna authorities and as a result of that in March and December 2001 two mission visited Pancevo and with local authorities agreed upon installation of three measurement units and one central station for monitoring of SO2 in the air. According to the agreement monitoring system should be operational until December 2002. Local authorities stressed that they at the moment don’t have adequate communication system required as integral part of monitoring system that is going to be used especially in order to start process of adequate anti-pollution measures and actions in the area.
Starting from January 2003, European Agency for Reconstruction will begin also implementation of project aimed to create National Environmental Protection Agency. This project will also have its part in Municipality of Pancevo. The main objective is creation of Local Environmental Action Plan (LEAP) for Pancevo as one of the five Municipalities indicated as environmental “hot spots” in Serbia. This project will also engage all environmental projects implemented local authorities and by other international organisations such as UNEP, UNOPS and REC.
1.2 Present situation
Actual situation in Pancevo three years after last catastrophe is characterised as calm before explosion. Starting from legal frame nothing has been changed yet. Still there is no Law on System of Environmental Protection, Law on Local Self-Government is adopted but not implemented. In that sense there is no improvement towards possible legal actions and creation of institutions and legal bodies who could start legal actions against polluters. Whole legal power is still concentrated in the Ministry for Environmental Protection or in the case of majority of polluting industries, in The Government of Republic of Serbia.
During NATO bombings in 1999 industries suffered great damages but their reconstruction is not completed yet. The problem is that they continuously go on with production even in these conditions in order to survive on the market. They are also facing initial phase of privatisation since they will be privatised according to the privatisation plan as last, during 2005. During spring of this year Fertiliser plant “Azotara” management officially announced that around 500 people will lose their jobs by the end of 2002. This kind of course gave impulse to syndicates that started to organise better and came out in public for the first time on different side with management. The policy that has been represented in double wages rate and special privileges for employees now has changed and working conditions are worse than before. This created a new clime that is characterised by tensions raising between management and employees. Deep and ten years long economical crisis created also large scale of disagreements among industries management and “owners” represented in The Government of Republic of Serbia. The problem is lack of governmental financial support for the factories and new policy proclaimed by Serbian Prime minister who announced after series of meetings with industries that factories should first take care of themselves and than to ask support by presentation of their projects to the Government.
Local Administration is also facing initial transitional challenges. They have the vision of the future system but nothing is legally established yet. The organisation of administration is still like in the previous period during 90’s. The implementation of the adopted Law on Local Self-Government is going to start after next local elections in 2004. This two years period gives space for gradual changes in administrational structure aimed to strengthen its capacity but still there is no real movement towards this issue.
Pancevo area is characterised by complex problem of environment pollution, having in mind big chemical complex, which has been considerably damaged during NATO intervention, when large-scale leakage occurred only few kilometres from centre of the city. Actions aimed at sanation of polluted locations are not of adequate scope and do not treat most acute issues that are still considered as unsolvable (emission problem).
One of most important environmental problems appears to be inadequate measuring equipment for quality of water, air and soil, in whose absence priorities are unidentifiable and legal actions against polluters are ungrounded. Co-operation among local actors is unfacilitated and random, which is biggest organisational obstacle toward systematic approach to issues regarding environment protection. Local environmental tax that contributes to municipal budget (EU1.5 million) is not allocated only on environment protection projects, but also for road construction and other communal and infrastructure works, that created citizen’s unproven of such behaviour. Decision making process is still not transparent and citizens are informed only after the decisions have been made.
This project is one of the possible ways for adjusting this gap between present problems and future demands of system that should be operative in two years also being compatible with all EU environmental and local self-government standards.
2 Legal framework
2.1 Aarhus Convention
The starting point for legal framework is the Aarhus Convention and in particular following Articles 3, 4 and 5:
2.1.1 General provisions
Article 3
1. Each Party shall take the necessary legislative, regulatory and other measures, including measures to achieve compatibility between the provisions implementing the information, public participation and access-to-justice provisions in this Convention, as well as proper enforcement measures, to establish and maintain a clear, transparent and consistent framework to implement the provisions of this Convention.
2. Each Party shall endeavour to ensure that officials and authorities assist and provide guidance to the public in seeking access to information, in facilitating participation in decision-making and in seeking access to justice in environmental matters.
3. Each Party shall promote environmental education and environmental awareness among the public, especially on how to obtain access to information, to participate in decision-making and to obtain access to justice in environmental matters.
4. Each Party shall provide for appropriate recognition of and support to associations, organisations or groups promoting environmental protection and ensure that its national legal system is consistent with this obligation.
5. The provisions of this Convention shall not affect the right of a Party to maintain or introduce measures providing for broader access to information, more extensive public participation in decision-making and wider access to justice in environmental matters than required by this Convention.
6. This Convention shall not require any derogation from existing rights of access to information, public participation in decision-making and access to justice in environmental matters.
7. Each Party shall promote the application of the principles of this Convention in international environmental decision-making processes and within the framework of international organisations in matters relating to the environment.
8. Each Party shall ensure that persons exercising their rights in conformity with the provisions of this Convention shall not be penalised, persecuted or harassed in any way for their involvement. This provision shall not affect the powers of national courts to award reasonable costs in judicial proceedings.
9. Within the scope of the relevant provisions of this Convention, the public shall have access to information, have the possibility to participate in decision-making and have access to justice in environmental matters without discrimination as to citizenship, nationality or domicile and, in the case of a legal person, without discrimination as to where it has its registered seat or an effective centre of its activities.
2.1.2 Access to environmental information
Article 4
1. Each Party shall ensure that, subject to the following paragraphs of this article, public authorities, in response to a request for environmental information, make such information available to the public, within the framework of national legislation, including, where requested and subject to subparagraph (b) below, copies of the actual documentation containing or comprising such information:
(a) Without an interest having to be stated;
(b) In the form requested unless:
(i) It is reasonable for the public authority to make it available in another form, in which case reasons shall be given for making it available in that form; or
(ii) The information is already publicly available in another form.
2. The environmental information referred to in paragraph 1 above shall be made available as soon as possible and at the latest within one month after the request has been submitted, unless the volume and the complexity of the information justify an extension of this period up to two months after the request. The applicant shall be informed of any extension and of the reasons justifying it.
3. A request for environmental information may be refused if:
(a) The public authority to which the request is addressed does not hold the environmental information requested;
(b) The request is manifestly unreasonable or formulated in too general a manner; or
(c) The request concerns material in the course of completion or concerns internal communications of public authorities where such an exemption is provided for in national law or customary practice, taking into account the public interest served by disclosure.
4. A request for environmental information may be refused if the disclosure would adversely affect:
(a) The confidentiality of the proceedings of public authorities, where such confidentiality is provided for under national law;
(b) International relations, national defence or public security;
(c) The course of justice, the ability of a person to receive a fair trial or the ability of a public authority to conduct an enquiry of a criminal or disciplinary nature;
(d) The confidentiality of commercial and industrial information, where such confidentiality is protected by law in order to protect a legitimate economic interest. Within this framework, information on emissions which is relevant for the protection of the environment shall be disclosed;
(e) Intellectual property rights;
(f) The confidentiality of personal data and/or files relating to a natural person where that person has not consented to the disclosure of the information to the public, where such confidentiality is provided for in national law;
(g) The interests of a third party which has supplied the information requested without that party being under or capable of being put under a legal obligation to do so, and where that party does not consent to the release of the material; or
(h) The environment to which the information relates, such as the
breeding sites of rare species.
The aforementioned grounds for refusal shall be interpreted in a restrictive way, taking into account the public interest served by disclosure and taking into account whether the information requested relates to emissions into the environment.
5. Where a public authority does not hold the environmental information requested, this public authority shall, as promptly as possible, inform the applicant of the public authority to which it believes it is possible to apply for the information requested or transfer the request to that authority and inform the applicant accordingly.