Press statement | 03.06.2019

To exclude any possibility that in the area of the Local Community of Šitićki Brod Tuzla, a land above the Kop Lake, a landfill for the deposit of slag and ash from the Tuzla Thermal Power Plant is being formed

The Ombudsman Institution for Human Rights of Bosnia and Herzegovina has considered the complaint of UG "EKO SPORT" from Tuzla, which states that in the past 18 years the locals of MZ Sićki Brod are opposed to the unprecedented pressure of Elektroprivreda BiH to form a landfill for the deposit of slag and ash from the Tuzla Thermal Power Plant is being formed, in the area above Lake Kop.

According to the investigative procedure, the Human Rights Ombudsmen of Bosnia and Herzegovina established that the appeal of the Association of Citizens "EKO SPORT" from Tuzla was established.

The Ministry of Physical Planning and Environmental Protection of the Tuzla Canton Tuzla leaves the possibility of disposal of combustion products from the Tuzla Thermal Power Plant, or the formation of landfill for the disposal of slag and ash, products of combustion from Thermal Power Plant "Tuzla" on the surface of 54,85 ha, which is an integral part of the planned re-cultivation of degraded the surface of the former surface mine "Šićki Brod", despite clearly and unequivocally expressed attitudes - opposing the competent authorities in the City of Tuzla and the Municipality of Lukavac, as well as the citizens themselves who live in the immediate vicinity of the site.

The Ombudsmen of Bosnia and Herzegovina, above all, the competent authorities reminded that Bosnia and Herzegovina is a signatory or successor of several conventions, protocols, treaties and agreements when it comes to environmental protection.

By signing, approving, ratifying and acceding to these, and other international documents that have environmental protection for the subject (which includes soil, air, water, biosphere, as well as the built (artificial) environment, which was created as a result of the activity of the human factor as well as an integral part of the environment - Article 4 of the Law on Environmental Protection of the Federation of BiH), the State of Bosnia and Herzegovina has undertaken the obligation to enforce the provisions of these documents in accordance with the general rules of international public and international contract law, in accordance with the provisions of the Vienna Convention on Contract Law of 1969 Bosnia and Herzegovina is a member (Law on the Procedure for the Conclusion and Execution of International Treaties of Bosnia and Herzegovina "Official Gazette of BiH" No. 29/00 and 32/13), despite the fact that the Constitution of Bosnia and Herzegovina itself does not directly regulate this right.

However, with the Constitution of Bosnia and Herzegovina and Article 2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, which has supremacy over domestic legislation, the basic human right-right to life is guaranteed.

The right to life can not be viewed separately from what directly threatens it from any point of view, and it also includes the right to a healthy environment, because the harmful effects of environmental pollution present a danger to health and hence the life of man.

The Ombudspersons of Bosnia and Herzegovina have emphasized that Bosnia and Herzegovina since 2008 has been a signatory to the United Nations Economic Commission for Europe (UNECE) - Arhus Convention on the Access to Information, Public Participation in Decision-Making and the Right to Legal Protection in matters concerning environment.

The Ombudsmen have underlined the provision of the Environmental Protection Law of the Federation of Bosnia and Herzegovina, which stipulates that every human being has the right to life in an environment similar to health and well-being, hence the individual and collective duty to protect and improve the environment for the benefit of present and future generations (Article 3 of the FBiH Environmental Protection Act), and sent a recommendation to the Federation Ministry of Environment and Tourism, Sarajevo, and the Ministry of Physical Planning and Environmental Protection of the Tuzla Canton, Tuzla:
- having regard to the allegations, these recommendations exclude any possibility that in the area of the Local Community of Šićki Brod Tuzla, that is, the re-cultivated land above Kop Lake, a landfill for the deposit of slag and ash, products of combustion from Thermal Power Plant "Tuzla" is formed;
- within the limits of their competence, take measures to enable citizens of the site concerned to enjoy the right to life in an environment similar to health and well-being, with the absence of a danger to human health and the environment;
- within 20 (twenty) days, from the date of receipt of this recommendation, inform the Ombudsman of Bosnia and Herzegovina on how to comply with this recommendation.

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