SURVIVING THE PEACE The Struggle for Postwar Recovery in Bosnia-Herzegovina

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Bosnia update, February 10, 2024
Environmental activism ~ EU accession ~ RS secessionist moves

Environmental activism in Bosnia-Herzegovina
Here's a topic I haven't much covered before, that has actual news content. Here and there, around Bosnia-Herzegovina, ordinary citizens are mobilizing to fight industrial developments that are threatening to damage, or have already destroyed, parts of the environment where they live.

In the course of intensive research over the last month or so, I've found that there are the stirrings of a widespread movement to protect the environment in numerous local situations around the country. While the environmental movement may be starting in fragments, it has the potential to create what could become the largest and most effective mobilization since the mass movement for refugee and displaced persons return in the late 1990s (which I covered extensively in my book).

The kinds of industrial development I'm referring to involve both antiquated energy production from coal, and the very modern hunt for minerals such as lithium, nickel, zinc, and others that are essential for the current "green transition." And while there are efforts to develop sustainable sources of energy such as wind turbines, hydroelectric power, and solar generation, in some cases companies are doing the right thing in the wrong way, that is, in ways that hurt the environment and endanger biodiversity.

All of these projects—often accompanied by badly installed and contaminating trash depots, are underway in Bosnia, and most of them are sponsored by international corporations interested in profit above all else.

A critical aspect of these developments is the relationship between Bosnian politicians and the corporate representatives also known as ambassadors, who lobby for the benefit of the companies they represent.

On the positive side, the environmental threat is bringing together people who, as one activist told me, were earlier "fighting each other to the last bullet." A river in one entity flows into the other, and if it is carrying poisonous chemicals, that gives people a reason to join forces across entity and ethnic boundaries.

To start with an example of development using the old technology, there is a coal mine in the settlement of Kamengrad near Sanski Most. Mining in this area has disrupted the peaceful life of the local residents, with surface mine holes showing up all around the smaller hamlets in the area. Large dump trucks block traffic; dust pervades the atmosphere, and industrial noise fills up the day. In November 2023, local residents submitted a petition with nearly 900 signatures calling for, at the very least, mitigation of these effects. The title of the petition is "No to exploitation that endangers our lives!" To date there has been no response from local authorities.

Incredibly, coal is not only being mined, but it is still being used in the production of energy in numerous plants around Bosnia-Herzegovina. In the northeast town of Ugljevik there is one coal plant, Ugljevik I, and in 2021 a Chinese-Polish consortium broke ground for the construction of another plant. Nearby there is an open-pit coal mine. A Chinese firm was also engaged to build a new coal-fired plant on the outskirts of Tuzla, but that project is apparently stillborn, much to the relief of the residents of this already polluted city.

The existing Tuzla Thermal Power Plant, built near the settlement of Bukinje in 1959, has been spitting out sulfur dust and carcinogenic materials all these decades. People there are being struck by asthma and lung cancer by the dozens. One Bukinje resident commented that there are days when people can only see daylight at noon, because of the smog. Human Rights Watch has noted that environmental protection is so weak in Bosnia because there is no state-level monitoring and enforcement agency. [1]

A 2016 study reported that three of the ten most polluting coal plants in Europe are located in Bosnia. It noted that the economic costs of premature deaths resulting from pollution stand at about 21 per cent of the gross domestic product, in comparison with Germany's 4.5%. [2]

Meanwhile, Europe's hunt for minerals that make possible its long-term conversion to sustainable energy sources—known as the "green transition"—is ironically threatening devastation in several locations in Bosnia-Herzegovina. One of those places is Lopare, to the northeast of Tuzla across the inter-entity boundary in the Republika Srpska, where prospectors have been exploring for lithium. This lightweight metal has become the essential component of cell phones, car batteries, and charging stations, among other uses.

But the processing of mined lithium involves treating the ore with acids, and then spraying it with large quantities of water. The resulting toxic residue then settles into the ground water or flows into nearby creeks, rendering sources of drinking water poisonous. Lithium mining on the Majevica hills would poison the water in several directions, threatening Tuzla and Posavina, among other areas. There is also exploration for lithium underway near Jajce, threatening the purity of the great Pliva and Vrbas rivers.

In recent years there was exploration of a related vein of lithium across the Drina river in Serbia. Widespread grassroots action including road blockages, petitions, and demonstrations all the way to Belgrade resulted in the termination of this prospecting—at least for now. A similar campaign is now underway in the area around Lopare, with organizations such as Eko Put and Eko-Leonardo mobilizing citizens to advocate against lithium development.

Activists fear not only for the health of their waters, but also encroachment on farmland, destruction of the habitats of wild animals, and air pollution—a shocking 2022 study estimated that nearly every fifth person in Bosnia-Herzegovina dies because of air pollution. [3]

So far, the citizens of Lopare municipality have managed to discourage lithium prospecting in their region. But southwest of Tuzla in the Federation, mining is already underway in the wilderness near the town of Vareš. A British/Australian company named Adriatic Metals has been prospecting in this area for over ten years. In January, workers at the Rupice mine began extracting silver, gold, lead, copper, and zinc, among other minerals. Downstream from Rupice, local citizens were outraged to learn in 2023 that, well before the opening of the mine, their drinking water has been poisoned by cadmium at very dangerous levels.

This is not by chance; although the mining company denies responsibility, in comparison with measurements taken just two years before, the cadmium level is thousands of times higher. Creeks and rivers in the area around Rupice feed the water supply for the town of Kakanj, with a population of nearly 40,000. Residents of that town have been forced to start buying bottled water in order to keep their families safe.

The mayor of Vareš is ebullient, looking to a boom in this town that has lost 2/3 of its 22,000-strong population since the 1991 census. Now, allegedly, business is up; several hundred people have gained employment in the mine, and the economic ripple effect is attracting more people back to the town. On the other hand, people in Kakanj downstream are mobilized in protest of the environmental degradation that has already endangered their health.

One outspoken leader, Hajrija Čobo, is a high school English teacher with the additional impressive credentials of a law degree, along with a masters degree in criminal law and environmental crime. In a conversation with Ms. Čobo, she told me that "it is not the investor who is guilty; they discovered ore, but it is the local politicians who allowed exploitation. They have awarded concessions that have violated the law. The law says that research and exploitation cannot be done in areas where the water and biological diversity need to be protected. And there are virgin forests involved, which are not allowed to be exploited. So it is the concessions themselves that are wrong, and the government is guilty for allowing this."

Ms. Čobo also notes with great irony the position of Bosnia-Herzegovina in the European scheme of things, asserting that the well-being of Bosnia and its environment are akin to a "collatoral damage" in the European Union's quest for independence from expensive imports. She told me, "If we put together all the concessions in Bosnia, we see that it's one big European mine." She also points out that if the extraction processes for the minerals in question could be undertaken safely, the EU would already be doing so within its own borders.

The ordinary citizens of Bosnia have a formidable opponent in the international mining corporations. There is much more to the story of resistance. I will add more to the description of their struggle in my next blog entry.

EU Accession

Probably the most interesting development in Bosnian politics these days is the angling for approval by the European Council to start negotiations for Bosnia's EU membership. In December the European Commission announced that it will give Bosnia a chance to enter these negotiations if it fulfills certain prerequisites by March. If that takes place, then the European Commission will present a recommendation to the European Council for opening of negotiations.

There are four conditions that Bosnia must fulfill in order to be eligible for negotiations: first, it must open discussions with the European Border and Coast Guard Agency, known as Frontex. This border management agency provides assistance in such collective security operations as curbing trafficking of drugs and migrants, as well as apprehending people wanted by Interpol. Yesterday (February 9) in an indication that the government of Bosnia-Herzegovina is focusing more intently than before on its chances for accession, the state-level presidency decided to initiate negotiations with Frontex. In the past, this measure had been blocked by RS President Dodik when he was a member of the presidency.

There are three other laws that must be enacted in order to open the way to negotiations for accession: a conflict of interest law; a law preventing money laundering; and a law on court processes. This last law would harmonize the functions of Bosnian courts with those in practice in the EU, possibly including the establishment of a Supreme Court.

It is not clear at this date whether Bosnia's leaders will be able to overcome their differences in order to pass the required laws in time. After all, the creation of serious obstacles to conflicts of interest and to money laundering would actually significantly curtail the corruption that so motivates Bosnia's politicians in the first place.

However, the politicians can do anything for show, and they might pull it off. Also, the EU is pressing for inclusiveness at this point in history, in reaction to Russia's increased meddling in the Western Balkans. So the European Commission may find a way to exercise leniency in favor of a streamlined agreement to start negotiations with Bosnia.

Meanwhile the leading powers in Bosnia—Dodik's SNSD representing the Serbs, Čović's HDZ representing the Croats, and the "pro-Bosnia" coalition of three parties called the "Troika," have been meeting here and there to hammer out agreements to satisfy the European Commission. Some of these discussions pertain to reform of electoral law, a sensitive topic that has seen the proposal of one failed resolution after another. There is no substantive or promising news in this realm, although there is a lot of hot air being expelled.

We will see whether Bosnia's leaders can muster the resourcefulness to adopt the necessary laws in time. Meanwhile, President Dodik has been practicing his customary repertoire of obstructionist tactics. One of the main ones is his objection to the composition of Bosnia's state-level Constitutional Court. As dictated by the Dayton agreement, the court is composed of two Serbs elected in the Serb-controlled entity; two Croats and two Bosniaks from the Federation; and three foreign judges selected by the president of the European Court of Human Rights in consultation with the state-level presidency of Bosnia-Herzegovina.

More creeping secession

Dodik has been calling for the removal of the foreign judges, a proposal that has met resistance from the international community. In addition, the RS has tried to obstruct the court by absenting its representative judges from the body. One of them retired two years ago and was never replaced, and the other was pressured into early retirement at the beginning of this year by the RS National Assembly. Dodik announced that the Republika Srpska will not appoint new judges to the Constitutional Court until the three foreign judges are removed.

The remainder of the court has deemed that the absence of the two judges does not render the court unqualified to decide on legal cases. But the absence, albeit intentional, nevertheless gives support to the Serb separatists' argument that the court does not represent them. And Dodik declared in early February that there shall be no move forward on EU accession before dealing with his demand for the ouster of the foreign judges. In any case, a change in the composition of the court can only be enacted by the Bosnian state-level parliament.

Dodik has moved forward with a series of other "soft secessionist" measures, including the introduction of a draft law in early January that would create an electoral agency to oversee all elections at the level of the Republika Srpska. This would remove the authority of the state-level Central Election Commission in the entity.

Another divisive problem is the matter of state-owned property left over from succession processes after the dissolution of Yugoslavia. This includes military real property as well as forests, rivers, and agricultural land. The Dayton agreement did not designate the disposal of these properties. The Constitutional Court found that they belong to the state until further resolution—which is another prerequisite for Bosnia's accession into the EU. But RS authorities have been furtively usurping some of these properties in that entity when it suits them, selling off rights, for example, to the airport in Trebinje, and taking over army barracks. Some of this behavior is prompted by a need to compensate for the poor state of the RS economy, with its burgeoning debt load.

The High Representative has stated that he will implement a decree on the disposition of state properties. In response, Dodik has said that if this takes place, the RS National Assembly will declare secession on the same day. James O'Brien, Assistant US Secretary of State for Europe and Eurasia, has countered that the Dayton agreement allows no right to secession. O'Brien was one of the drafters of Dayton.

In its annual exercise of giving the middle finger to Bosnian statehood, the Serb-controlled entity celebrated "RS Day" on January 9 with a parade of 3,400 including police, veterans, and sports clubs. At a cost of 330,000 euros, the event was more expensive than ever. Fireworks were lit in all the towns and cities of the RS; the anniversary was also celebrated in neighboring Serbia and as far afield as Novorossiysk in Russia. The Russian ambassador to Bosnia, Igor Kalabuhov, attended, but few other VIPs were on hand.

It is reported that participation by the Russian bike club Noćni vukovi (Night Wolves) livened up the parade, but few citizens of Banja Luka came to watch. Buses brought in people from the surrounding villages. The Croatian press characterized the event as "more expensive than ever, and less supported than ever."

Last year Dodik presented the Order of the RS to Vladimir Putin in absentia. This year he awarded it to Hungarian Prime Minister Viktor Orban, who also did not show up.

The US Embassy pointed out that, since the Constitutional Court has declared the January 9 celebration illegal, it is a criminal offense to organize it. That court finding has never been enforced. However, Dodik is still under indictment for another violation, and the trial for that just started, after much delay, last week. This pertains to Dodik's failure to recognize the High Representative's decrees as law. (See all of the last several blog entries for discussion of this charge.) There have been several preliminary hearings where Dodik exhibited the boorish and disrespectful behavior that is his trademark, refusing to stand up for the judge and requesting that a court security officer distance himself from Dodik.

Dodik also regularly brings along his own prefabricated peanut gallery to applaud him when he enters and leaves the court. Outstanding among this crew is one RS parliamentary member, Sanja Vulić, who distinguished herself—and, presumably, endeared herself to Dodik—by cursing the judge, the US Ambassador to Bosnia, and other public figures. A Sarajevo Canton police minister has announced that Vulić will be charged with a misdemeanor for "disrespect for the citizens and institutions of our country, for arrogance, and for lack of culture."

The circus goes on.

Corona scandal epilogue

You'll recall that Fadil Novalić (former prime minister of the Federation), Fahrudin Solak, and Fikret Hodžić were tried and convicted last year for dodgy use of government funds in the purchase of 100 Chinese-manufactured ventilators to be used with Covid patients. The ventilators turned out not to be the appropriate devices for the task, in addition to which part of the funds for the purchase were embezzled. The trial resulted in a first-instance conviction last spring. See this blog entry for discussion of this conviction.

In late January, the case was re-tried on appeal, and the original conviction was upheld. Novalić, Solak and Hodžić were convicted of "abuse of position" (corruption), and Solak was convicted additionally of forging documentation. The three were sentenced to four, six, and five years' imprisonment, respectively, and Hodžić is required to return 700,000 KM of the government's expenses, and to pay a fine of  200,000 KM in addition.

Footnotes

[1] "Life next to thermal Power Plants in Bosnia and Herzegovina," Bosnia Daily, Sep. 2, 2022.

[2] "Tri od deset najzagađujućih termoelektrana u Evropi nalaze se u BiH" (Three of ten most-polluting thermal power plants in Europe are located in BiH), Fena, 15 March 2016. See https://visoko.ba/tri-od-deset-najzagadujucih-termoelektrana-u-evropi-nalaze-se-u-bih/.

[3] "Skoro svaki peti stanovnik BiH umire zbog zagađenja zraka" (Nearly every fifth inhabitant of Bosnia-Herzegovina dies from polluted air), by Ajdin Kamber, Deutsche Welle, 15 April 2022. See https://www.dw.com/hr/skoro-svaki-peti-stanovnik-bih-umire-zbog-zaga%C4%91enja-zraka/a-61474507
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