Kosovo violates international law

 18.11.2024
HPP SHARRI 2024. Photo: EcoZ

In November 2024, EcoZ, together with the NGOs Pishtarët, GAIA Kosovo, and Riverwatch, submitted a complaint to the Energy Community Secretariat in Vienna/Austria against Kosovo with regard to the hydropower plants in Sharr National Park. 
The complaint supports the campaign, 'Sharr National Park - No Dams'  which addresses extensive environmental and legal concerns raised by the community about the effects and implications of hydropower projects on the Sharr. The study indicates that the authorisation of projects violates Energy Community Treaty environmental laws. This complaint underscores serious regulatory compliance failures and calls for an immediate review.

Kosovo has been a member of the Energy Community since 2005 and is thus legally obliged to follow the provisions of the Energy Community Treaty.

"By permitting hydropower plants without conducting adequate environmental assessments, authorities have jeopardized Sharr National Park's water systems and endangered habitats for protected species, thus violating international environmental laws. These projects have advanced without meaningful input from public concerned, revealing a troubling pattern of hydropower approvals in vulnerable, water-scarce areas" Małgorzata Smolak, Blue Heart legal adviser.

The key findings of the complaint:

  1. Inadequate Environmental Impact Assessments (EIAs)
    The EIAs for the hydropower projects lacked essential information, including detailed assessments of, and impact of hydropower projects on local biodiversity, river flora and fauna, cumulative effects of projects, and specific mitigation measures. As a result, the assessments fell short of accurately evaluating the projects' full environmental impact, violating both Kosovo and EU legislation.
  2. Failure to comply with public participation requirements
    Multiple public debates regarding four HPPs were either inadequately conducted or failed to meet transparency standards and laws. In the Shtërpcë/Štrpce municipality, e.g., public hearing announcements were only in Albanian, effectively excluding the substantial Serbian-speaking population from the process.
  3. Violating  National Park principles
    Four hydropower projects, including the intakes for HPP 'Sharri' and HPP 'Shtërpca,' are located within Zone 2 of Sharr National Park, a protected area. This placement directly contravenes Kosovo’s laws, which prohibit economic exploitation within national parks. Environmental assessments confirm that these HPPs threaten the park’s unique ecosystems, endangering both aquatic and terrestrial species.
Intake 1 of HPP SHARRI. Photo: Ulrich Eichelmann

The NGOs ask the Energy Community Secretariat to investigate these violations and hold authorities accountable. The coalition is committed to ensuring that Kosovo upholds its legal obligations, protects National Park and river ecosystems, and respects the rights of local communities in the access to clean water.

“The illegally built dams in the Sharr National Park clearly violate international legislation, as well as Kosovo´s environmental laws. Why would you establish a National Park when you allow dam construction? Therefore, these dams inside the NP have to be removed”, demands Egzona Shala, EcoZ.

Map of intakes and hydropower plants in the Sharr National Park.

 

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