Minutes 2016 - Themis Network
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2016
Minutes
National training on Environmental Crime
and Nature Protection of Natural
Resources: 28 and 29 April 2016, Hotel
Dukagjini, Peje - KosovoA. Main findings and recommendations
Findings
The non-coordination of inter-institutional and inter-sectorial actions within institutions
of Kosovo is obvious. There is a need for greater and better cooperation between: a) the
Ministry of Environment and Spatial Planning b) the Ministry of Agriculture, Forestry and
Rural Development and c) Ministry of Internal Affairs, as well as coordinating actions
with Judicial Council, Prosecution, local Courts and Kosovo Police.
Very small number of inspectors in central and local level restricts supervision of the
entire territory of Kosovo and especially in the National Parks and protected areas.
There is still insufficient information for the general public about environmental crimes
and negative consequences on the environment and health of citizens. Also awareness
campaigns are insufficient in regards to the economic benefits which derive from the
National Parks and protected areas.
Judicial and prosecution institutions in many cases are ineffective or powerless to
combat crime with more rigorous measures.
Judiciary is still inefficient in terms of penalties for misuse of natural resources and for
environmental crime cases. In most cases the penalties are very soft or not classified as
crimes at all.
Illegal wood cutting, illegal construction, fires, erosion and waste remain the main
challenges of competent institutions of Kosovo.
Financial difficulties and small budgets of municipal assemblies restrict inclusion of a
larger number of environmental inspectors. The striking power against environmental
crime is reduced as a consequence of the small number of inspectors.
Lack of technical equipment in the central and municipal level for monitoring and
supervision.
Recommendations
To establish an inter-institutional task force in Kosovo for coordination and
implementation of environmental laws especially those which are related to
environmental crimes and natural resources.
Improving the mechanisms for applying and implementation of environmental laws and
finding ways to support the fight against corruption at all levels.
Increasing the number of inspectors and equipping with technical means that provides
effective monitoring and supervision of the National Parks and prevention of
environmental crimes.
Cross-border cooperation should be more efficient especially in the exchange of
information between municipalities located in the border area, Inspectors, Police,
Customs and Civil Society.
The authority of Inspectorates should be spread across the whole territory of National
Parks and protected areas.
Training, strengthening and professionalization of the circle: Inspectors, specialized
police staff, customs, prosecution and judges.
2 Improving the knowledge of investigators, prosecutors, judges about environmental
crimes through trainings and linkages with various international networks;
Awareness campaigns for the general public but also for the institutional and civil
society organizations that are involved in environmental protection and prevention of
environmental crimes.
Improving the legal infrastructure especially several articles of laws that are not
harmonized between relevant ministries.
Exploring possibilities to involve the civil society to improve cooperation in the detection
of illegal activities
B. Workshop on date 28 April 2016
Opening Session: Presentation of Agenda and goals of THEMIS II
Presented by:
Mr. Agron Bektashi, Director of REC Kosovo and Ms. Florije Kqiku, Themis Focal point for Kosovo
and MESP made the opening of first day of the Workshop by informing participants with goals
of Themis II, emphasizing the need for greater cooperation between all stakeholders that are
directly or indirectly involved in environmental protection. They also informed the participants
about all regional activities undertaken by THEMIS in recent years and the role of IMPEL and
EUROPOL and other organizations that combat (fight) environmental crime.
Mr. Elbasan Shala, Inspector in MESP, gave a short introduction to his presentation in
connection with the construction of small hydropower plants in the National Park “Bjeshkët e
Nemuna” by describing the main steps and challenges during this project.
Participants of all Departments of MESP were very active, by debating on many challenges that
this Ministry is facing and for needs and duties which are arising during their daily work.
After informative part and short introduction of presentations, the MESP and REC staff did a
study visit to the Deçani Hydropower plant that is built in the Municipality of Deçani and belongs
to the National Park “Bjeshkët e Nemuna”.
C. Workshop on date 29 April 2016
Session I – Introduction and welcoming speech:
Speakers:
Mr. Agron Bektashi made the opening of second day session of Themis II, by thanking the
Minister Agani for participation as well as ADA and Kristian Geosits for financing the Themis
project. He also thanked the Themis Secretariat for permanent support as well the Mayor of
Peja Municipality, Mr. Gazmend Muhaxherri and Mayor of Istog Municipality, Mr. Haki Rugova
for participation in this Workshop.
Minister of MESP, Mr. Ferid Agani thanked REC and Austrian Government for Themis project
and made a long presentation on challenges, problems and tasks that MESP is facing. Also Mr.
Agani emphasized that the fight against environmental crime and the implementation of the law
are two crucial purposes of MESP but also of the entire Kosovo Government.
He added that the Ministry of Environment and Spatial Planning is taking all appropriate
measures to ensure a new working inter-institutional quality in this aspect. He said that in the
past, main lacking that obstructed fight against environmental crime, prevention, and early
2detection of crime was the lack of inter-institutional interaction among central and local level,
administrative agencies, state prosecution and the judicial system of the country.
The Minister Ferid Agani made a concrete proposal to establish a state body which will be inter-
institutional among the various institutional levels and different sectors which will supervise
systematically implementation of existing legislation in fight against environmental crime. He
said that is necessary to have a state body which within it self will have representatives of the
central level institutions.
Head of Office ADA, Mr. Geosits emphasized the great importance that should be given to fight
against misuse of nature and in particular he pointed out the importance of the economic
benefits that bring the National Parks. He also said that EU states including Austria have
undergone through difficulties and challenges in time when declaration of National Parks was
made and in the end from the participants he requested commitment towards protection of
nature.
Chief of the Environmental Protection Agency Mr. Ilir Morina, said for three (3) years since
declaration of National Park ”Bjeshkët e Nemuna” was announced, a lot of work was made in in
agreement with entire population that lives in those five municipalities.
Director of the MESP Inspectorate, Mr. Bedri Halimi, said that the current legislation in Kosovo
is sufficient to take concrete steps in prevention and fight against environmental crimes. He also
said that all stakeholders are obliged to deal with the implementation of laws.
Mayor of Peja Mr. Gazmend Muhaxherri, said that Municipality of Peja has stated pro towards
the development of agriculture and tourism, and these two can not be developed without
protecting the value of nature. He said there is a degradation of the river Bistrica and measures
should taken which in cooperation with the Ministry of Environment and Spatial Planning will
have positive impact and this degradation will be stopped and rehabilitation of the river Bistrica
will begin.
Mayor of Istog Mr. Haki Rugova, said that when we talk about environment, it means
degradation of nature and forest and this issues are connected as well with the property aspect.
Session II: Presentation and discussion
Ms. Kqiku Florije, presented the topic: MESP Inspectorate, responsibilities in the National Parks.
She made a summary of organization, tasks and legal base of the Ministry of Environment
Inspectorate. In detailed manner was presented cooperation of MESP with international
organizations as well as the role of institutions and international networks such as: ECRAN,
IMPEL, EUROPOL – EnviCrimeNet, INTERPOL etc.
Mr. Ismail Hetemaj made a presentation on the topic: Environmental legislation with particular
focus on protection of natural heritage values – Protected Cross-border Zones and National
Parks. In detailed manner he explained the relevant laws for nature protection and criminal code
against environmental crimes. About coordination and cooperation, Mr. Hetemaj presented a
series of challenges and areas where improvements should be made: Inclusion in international
networks and initiatives, Supporting initiatives with aim to learn from others while drafting and
enforcing of laws; Better cooperation between the competent authorities for forestry and
2hunting, ensuring synergy and reducing the costs; Finding ways to support the fight against
corruption at all levels.
Director of National Park, Mr. Hazer Dana, from the Kosovo Environmental Protection Agency
(KEPA) made the presentation on topic: The challenges of managing the National Parks in
Kosovo.
Mr. Dana presented the role and function of directorates of parks as well he did geographic
description of the biggest national parks: Bjeshkët e Nemuna and Sharr, as well other protected
zones by law. The speaker also gave explanation about cultural heritage, vegetation and
economic potentials of National Parks.
Ms. Selvije Raci, Official at KEPA, made a summary of the criminal and misdemeanour
procedures that MESP in cooperation with the Kosovo Police have initiated in the Basic Courts
of Municipalities that geographically have ownership in the National Park: Bjeshkët e Nemuna.
Mr. Elbasan Shala, made a presentation on topic: Hydropower plants in Lumbardh River in
Deçan. He presented all feasibility studies for Hydropower plants that were made after 1999 for
rivers in Kosovo that are within National Parks. Speaker presented the Hydropower plants that
are constructed in river Lumbardh in Deçan as well as Hydropower plants which are planned to
be constructed. He also explained the procedures that have been taken during the construction
of Hydropower plants related to water permits, environmental permits etc.
Mr. Agron Bektashi in the end presented the document: Standard Operating Procedure to
Prevent, Detect and Investigate Environmental Crimes in Kosovo. He made a summary of
guidelines and procedures which are undertaken by the competent authority of Kosovo in
combating and prevention of environmental crimes.
This document was sent by electronic mail to all departments of the Ministry and participants
of Workshop had it available as well as a hard copy in their folders.
Also valuable contribution in this workshop was given by Mr. Fadil Gashi, Captain in Department
of Environmental Crimes within Kosovo Police, who invited all citizens to inform the Police if
there is any violation against the nature or has elements of environmental crime. Also Mr. Fatos
Lajci, Head of NGO “ERA” emphasized that cooperation between citizens and Police should be
confident and close if we want to have results on the ground.
Closing Session, Speaker: Agron Bektashi, REC Kosovo
The last session served to complete the satisfactory and evaluation survey. The main highlights
from the national training were briefly summarized. Participants were thanked for their active
participation and the contribution to this training. This was followed with the distribution of the
certificate for each participant of the training.
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