In a state governed by the rule of law, the story of civil resistance and activism, such as this one in Foča, which has been ongoing for the last year, would have a happy ending – those responsible would end up in prison together with the investor, because the prosecution would expose the corruption chain, which allowed illegal works to be carried out and prevented institutions from stopping them. But …
“Give one person power and you will see what he/she is like”, is an old saying, which in the case can be reformulated into: “Give one person power and money and all laws will disappear for him”.
In Foča, this man is a local powerful and rich man, investor, owner of the Pavgord company, who is allowed to violate all laws, to subsequently obtain permits for works that he started illegally, to be in the municipal commission in charge of supervision of works performed by his company. Additionally, knowing certain people helped him to get signatures by the Government of the RS and the competent minister on an annex to the contract approving the construction of a mini hydro power plant, regardless of all previous proven irregularities and illegalities.
And no, unfortunately this is not a nightmare from which we will wake up, this is the reality that the citizens of Foča have been living for a year. We could describe their struggle as Don Quixote fight, which is still going on, because even in this story, the windmills have not given up, but are getting stronger and more persistent.
Back in March 2020, in the midst of the corona virus pandemic, when the whole country was blocked and closed, someone was allowed to move, to cut down the forest, change the course of the river and narrow its bed, usurp someone else’s property … That’s why the group of people from Foča decided to do everything in their power to stop these strange construction works around the protected zone, around the river Bjelava, Mala Bjelava and Velika Bjelava. Naively believing that we are a country governed by the rule of law, they turned to the local government, municipal inspections – to react, to stop those excavators, that destruction.
Then, that March, a story started that could be part of the “Believe it or not” section.
In vain, the citizens addressed the competent institutions, worried, among other things, that these construction works would endanger the city water supply. No one answered them for days. Probably because they were busy preparing a decision on conducting geological research, which the Ministry of Energy and Mining issued to the investor – a month after the start of construction works.
If there were no citizens’ protests, the question is whether the investor would ever get any permission, and they issued the decision the day after the first protests, probably thinking that this would calm the citizens.
However, they were wrong. That decision only revolted the citizens even more, so they continued to write to the competent inspections, institutions, to react to illegal works. And … there was finally some reaction.
The Republic Water Inspector ordered the suspension of works on two of the three rivers that were targeted by investors, and the forestry inspector noticed irregularities in the field and handed the case over to the police.
Ignoring, the investor continues his “geological research”, crosses the allowed area, citizens report it to the Republic Inspection, they protest, but the government does not take any steps to prevent the devastation of natural resources and violations of regulations.
On the contrary, the mayor Radisav Mašić even refused to meet with the citizens and listen to their views and arguments, the mayor of Foča refused to hold a special session on the topic of mini hydro power plant Bjelava, and the municipality formed a commission “to determine the factual situation on the ground”. The investor had an honorary position in the commission. After the investor has completed the preparatory works, which he planned, they made a decision to suspend the construction works.
However, at one point, the strings of the investor are falling apart. The owners of the destroyed properties are filing reports to the police against the investors, in which they warn the authorities and inspections of illegal usurpation and destruction of their property. After that, the RS Ministry of the Interior forwarded the Bjelava case to the Trebinje District Public Prosecutor’s Office.
In a state governed by the rule of law, this would be a happy ending, those responsible would end up in prison together with the investor, because the prosecution would expose the corruption chain and find out who allowed illegal construction works to be carried out and prevent institutions from stopping them.
But we live in Bosnia and Herzegovina, where the government is a protected endangered species, not citizens.
Although, something has changed – the Municipal Assembly of Foča decides to allow the topic of construction of mini hydro power plant Bjelava, where citizens would be able to tell their sides of the story, to be included in the last regular session of that Assembly, before the elections. The joy of the citizens, however, was short-lived – more than half of the councilors did not appear at the scheduled session, a quorum was not reached and the session was canceled for the first time in the last 10 years. The president of the Municipal Assembly is in shock, the citizens are in shock, the public is in shock, and in fact behind everything lies the cunning tactics of the investor’s “friends in power”.
The mayor of Foča, before leaving office and without consulting the Assembly – which is, therefore, prevented from making its position on this issue – gives a positive opinion to the Ministry of Energy and Mining on the annex to the Concession Agreement. The Concessions Commission, on that basis, gives its consent for the same document and the investor is happy.
So, no one went to prison, the investor got what he wanted, and no one still hears the voices of citizens. Neither the government, nor the decision makers, understand that they should be a service to the citizens and work in their interest. And to be satisfied with the salary that citizens pay them out of their own pockets, and not to look for “additional sources of income” by favoring “controversial businessmen”.
In the meantime, the RS government finally agrees to meet with the citizens of Foča, but not to support them, but to inform them that everything is over in that case, because they have already signed the Annex to the concession agreement – regardless of criminal charges, regardless of the falsified documentation, regardless of the lawsuits of the citizens, regardless of the fact that everything indicated that the annex should not have been signed and to terminate the contract with the investor, who showed disrespect for both the laws and the citizens, and that he was supposed to be punished, and not rewarded by the signed annex.
Now, the investor is waiting for better weather conditions to finish what he started, and the municipal water inspector still does not see well – in June 2020 he said that there is no work along the river, and in February this year he claims that landslides were caused by heavy rainfall and snow – and continues to do his job in the interest of the investor.
In the meantime, a new set of authorities has arrived in Foča, which, now at the beginning, promise support, a solution … They also promise a regular session/meeting on the topic of the small hydro power plant Bjelava. And the citizens are hoping for better. Because “hope dies last.”
But – what is important – in addition to hope, they also express readiness to continue the fight. Both for Bjelava and for the rule of law and for a society ruled by elected representatives of citizens and not corrupt individuals under the control of “controversial businessmen”.
