Bern Convention Complaint: Mining in Bosilegrad and Homolje (Serbia)

Summary

On October 4, 2022 – Zoe Lujic of Earth Thrive (NGO), serving as a stand-in legal guardian to represent the rights of impacted wild flora and fauna species and endangered habitat in Serbia, submitted a formal Complaint to the the Bern Convention on the possible negative impact of mining activities in Bosilegrad and in the Homolje Mt region, and violations of the Rights of Nature.

The Complaint alleges that “Serbia has violated Articles 2, 3.2, 4.1, 4.2, 4.4 of the Bern Convention by failing to take appropriate and necessary legislative and administrative measures to protect wild flora and fauna species” (2). Furthermore, it argues that “The mine would also violate the inherent rights of impacted species and their habitats. Due to the shortcomings of Serbia’s laws, enforcing the Rights of Nature is “necessary” to protect species and their habitats in accordance with the purpose of the Bern Convention” (3).

At the core of the complaint is the failure to provide appropriate and necessary legislative and administrative protection measures for the wild flora and fauna species in Serbia. In the co-complainants’ opinion, Serbia’s weak EIA process makes it extremely difficult for the public to fully review environmental impacts and participate in the decision-making processes. The expansion of the existing mining activities would critically endanger the ecosystem due to water, air and soil pollution, heap-leaching, pit dewatering (and sedimentation ponds), different types of waste (including potentially the formation of Acid Mine Drainage), potential cyanide use, fumes or gases (including mercury vapours), acid rock drainage, non-mineral wastes (packaging, used oil, batteries, medical waste, sewage), noise, deforestation, and soil removal.

After discussing the complaint for the first time in Spring 2023, the Bureau of the Standing Committee decided to consider this as a complaint on stand-by. Since the Complaint was registered, both parties have sent regular reports to the Bureau and/or Standing Committee (as per request). The Standing Committee is the governing body of the Bern Convention, and the Bureau of the Standing Committee takes administrative and organizational decisions in between meetings of the Standing Committee which happen each year in December. On February 12 and 18, 2025 (respectively), the Ministry of Environmental Protection of Serbia and the Complainants (Earth Thrive et al.) sent in their respective fourth progress reports to the Bureau on the latest status of the mining activities in Bosilegrad and in the Homolje Mt region in Serbia. These will be reviewed during the Standing Committee meeting in December 2025.

Involved Organizations

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