Rural Watch transparency and accountability in the rural areas

Extracting and Energy Industry (EEI) in

Entela Pinguli Executive Director

Agenda

 State of play of environmental governance in Albania  About the project and its activities on the EEI industry  Rural Watch Public Participation related issues in EEI industry  Answers from the hotspots Albania overall environmental problems: Weak Environmental Governance. Weak implementation and Lack of environmental Fragile rule of Law in enforcement monitoring and Albania. rehabilitation.  Albanian legislation aligning with the EU acquis. But the implementation of legislation  Lack of statistics and/or  Weak law enforcement on lags behind in administrative, rehabilitating the institutional and financial unreliable data. capacities to address environmental pollution.  Weak environmental environmental degradation. monitoring capacities and  Weak policy  Access to information, to infrastructure at the local implementation at the public participation and to and central levels. local and central level. justice as pillars of inclusive governance and rule of law are  The Polluter-Pays not fully developed and Principle (PPP) does not integrated. work  Dis-balanced governance (power, competence, awareness, actions) of the local and central levels. Albania overall environmental problems: Weak Environmental Governance.

Weak civil society’s expertise and capacity .

 Lack of understanding watchdog role and their rights to participate in the environmental decision-making.  The cooperation with media in outreaching the local communities is loose.  There is lack of real and productive CSO dialogue with Public Authorities.  The cooperation climate is insufficient. The public perception of the level of transparency and accountability of the Public Authorities towards their communities are compromised  Stakeholder approach is weak  Civil Society understanding and role in fulfilling EU Enlargement obligations is limited. Rural Watch – improving CSOs role in supporting transparency and accountability of public authorities and business in the rural areas in Albania

 The specific objective aims at strengthened civil society role in promoting monitoring standards and ensure the sustainable use of the natural resources from extractive and energy industry in the 5 targeted hotspots.  The project implementation lasted 30 months from April 2018 to October 1, 2020.  The project implementation is a cooperative effort which builds up on the good practices in the rural development showcased by the Bulgarian experience for transparency and accountability of EEI.  Project brings together best expertise in three pillars of development: Environmental, Media and Legal support to the Rural Communities. About the project and its activities

Project hotspot areas:

 1. Bulqiza (Chromium industry)  2. Bulqiza (HECs of River);  3. / (HECs of Shkumbini River in Shebenik Jabllanice National Park);  4. / (Oil Extraction Industry in Patos Marinez).  5. Selenice (HECs in Shushica tributary to Vjosa river) About the project and its activities Project directly impacted in strengthening civil society role in promoting monitoring standards and ensure the sustainable use of the natural resources from extractive and energy industry in rural areas, which are the most impacted from pollution and poverty in Albania. About the project and its activities

Good CSO and community work in 5 EEI Hotspots. Good outreach to the main local stakeholders, especially to the local municipalities and communities, not so successful with the industry. Rural Watch platform www.vezhguesirural.org ;

Professional legal and environmental policy support. Project invested in preparing 3 professional policy work which opens up new opportunities for stronger environmental governance.

Good media outreach of the 5 hotspots through independent journalism (6 investigative reports and 5 articles, two TV debates one in and one in Fier and one awareness raising movie “Polluters don’t pay” https://youtu.be/pOJvZFs6esc About the project and its outcomes

 Outcome 1: Enhanced the watchdog role and organizational capacities of the local CSOs in rural areas by providing them with legal and media means to effectively promote sustainable rural development and good governance in the energy and extracting industry.

Indicators for measuring the progress and success of this output are foreseen as the following: • 60 rural CSOs trained on monitoring and control of EEI • 11 of journalists benefited from Rural Watch International Reporting Workshop • 6 professional journalists involved to cover the issues of EEI producing 12 Rural Watch media reports and published in local and national outlets • 12 public interest lawyers trained to work on EEI cases • Over 15 experts involved in the 7 expert consultation group (advocacy, lawyers, journalists, environment)at the nationwide level About the project and its outcomes

 Outcome 2: Built a strong resource basis of legal and journalistic practices fostering accountability of the EEI in the rural areas and supporting active participation and advocacy work at local and national level to monitor the EEI investments and production activities.

Indicators for measuring the progress and success of this output are foreseen as the following: • One Rural Watch platform https://www.vezhguesirural.org/; • 12 media articles dedicated to the project hotspot issues with investigative work and findings, published on nationwide outreach. • Two visibility actions organised at the EU house fostering accountability of the EEI in the rural areas at the national level. • Two public forums and two local TVs outreaching Municipalities of Elbasan and Fier on environmental accountability and responsibility of the local authorities and business. • Extracurricular educational module for high school education (class 10-12) About the project and its outcomes

 Outcome 3: Contributed to the CSOs better connected and prepared to monitor the substance and procedures related to the EEI; lawyers with better knowledge and skills on environmental cases; sensitised journalists, equipped with professional skills to cover rural sustainability issues.

Indicators for measuring the progress and success of this output are foreseen as the following: • 5 EEI hotspots assessed on environmental advocacy capacities and performances in 4 Geographical destinations (Industry hotspots: Bulqize & Patos/Marinez, HEC Hotspots: Shushica, Bulqiza & Shkumbini in Qarrishta National Park. • 400 local stakeholders benefiting from the 14 project activities, advocacy actions, involving local CSOs and media and layers at the level of their performance at the local level. • Project recommendations on the responsibility of the Local Authorities in environmental protection in light of monitoring and control of EEI submitted to relevant institutions https://docs.google.com/document/d/1C0z2Doo22lsCdAtLuCNShNLLPVudvPwFP66p6pfeRNw /edit About the project and its outcomes

 Outcome 4: Directly addressed transparency and accountability of public authorities and businesses related to energy and extracting industry (EEI) in rural areas, through the raised capacities, knowledge, voice and watchdog role.

Indicators for measuring the progress and success of this output are foreseen as the following: Legal and media services provided in monitoring and control EEI cases (e.g. on access to information, consultations in administrative environmental procedures and access to justice) 12 investigative media articles (6 investigative articles and 6 media reports) putting some light and making public the irregularities found on the EEI cases. Recommendations on the implementation of the “Polluter’s Pay Principle” in Albania in the light of monitoring and control of EEI submitted to relevant institutions: https://docs.google.com/document/d/1u89zdywDzOtny8REJ2q_r_AarJf46wvXacToqfz26Zg/edit Policy Paper on “Cuasi – judical compliance mechanisms of international financial institutions” serving to the environmental CSOs and Lawyers. https://docs.google.com/document/d/1665mHe0yEch5TenV4hOz_Vi0VceeON1iySaaXCL6jlk/edit Rural Watch PP related issues

 PP administrative process is compromised. The consulting of the local governance and community during the concession or development consent phase is mostly nonexistent (the actual laws do not enforce this). In most of the cases the respective national legislation for public consultation during the environmental decision making is either ignored or infringed.  Rural watch did 14 consultations with the local CSOs and communities on the mistakes on administrative documentation which compromised the community participation in the decision making process (fake lists and signatures or manipulated documentation). Corruptive actions, blackmailing at the local level related to Hydropower construction permission cases (e.g. in Qarrishte in Librazhd, and Shushica River in Selenica).  Too late, too little – the EIA procedures are either not in place, or they hardly engage the local communities following the requirements of Aarhus Convention (e.g. Art.6.3. The public participation procedures shall include reasonable time-frames for the different phases, allowing sufficient time for informing the public and for the public to prepare and participate effectively during the environmental decision-making.)  Rural watch prepared a Policy Paper on “Quasijudical compliance mechanisms of international financial institutions” serving to the environmental CSOs and Lawyers. https://docs.google.com/document/d/1665mHe0yEch5TenV4hOz_Vi0VceeON1 iySaaXCL6jlk/edit Rural Watch PP related issues

 Weak institutional capacities. Local authorities of the hotspots are small and weak. They are not being able to fulfil their monitoring obligations due to lack of resources, competences and technical equipment. They are more accountable towards the central government than their community. Communities and poor and CSOs are weak.  Rural Watch provided Legal assistance in the legal proceedings before the Commissioner on the Right to Information and in the court concerning access to information. Legal support to CSOs and local communities facilitated the preparation and following up work of 17 request for information to the relevant institutions; two court cases against denial of access to information for concessionary contracts and feasibility projects; a legal assistance for the communities right to assembly (Librazhd); filing 4 administrative petitions related to construction of HEC in Qarishta, Librazhd; two cases of giving legal advice for the community members Bulqiza and Shushica etc. Rural Watch PP related issues

 Lack of transparency of the EEI business operations related the contractual issues and monitoring. The EEI business is self monitored and is paying their contract obligations at the central level. This way the environmental rehabilitation does not happen, as the money does not come back to the Municipality for pollution rehabilitation. Costs of rehabilitation are higher than the estimated ones in the initial contract and community and environment suffers the consequences.  Rural Watch in Patos & Marinza helped the community and the Municipalities – getting the concessionary contract, signed by Ministry of Infrastructure and Energy with “Bankers Petrolium” with the help of the Court.  Rural Watch prepared policy paper with recommendations tackling the rehabilitation problems from EEI industries https://docs.google.com/document/d/1u89zdywDzOtny8REJ2q_r_AarJf 46wvXacToqfz26Zg/edit Rural Watch PP related issues

 The existing gap between the policy implementation at the central and local level. There is not clearly defined roles and responsibilities of the local governments.  Project assessed the legislation and recommended to relevant institutions a policy paper for filling the gaps on the responsibility of the Local Authorities in environmental protection in light of monitoring and control of EEI https://docs.google.com/document/d/1C0z2Doo22lsCdAtLuCNShNL LPVudvPwFP66p6pfeRNw/edit Answers from the hotspots

 Rural watch indicated that local people are ready to patriciate when the means are provided.  The system is very slow and not enabling effective public participation  Meantime, business is taking advantage of the situation  Vulnerable communities are suffering the consequences  Environment is further degrading

THANK YOU FOR THE ATTENTION AND THE OPPORTUNITY!