B O S N I A   A N D   H E R Z E G O V I N A

  In a voluntary move to cooperate peacefully for the benefit of their own environments, the environment ministers of the two "Entities" of Bosnia and Herzegovina (BiH) signed an agreement to work together on joint policy.

  The signing of this Memorandum of Understanding — one of the most far-reaching agreements signed to date between the two Entities — took place July 14 at the Regional Environmental Center for Central and Eastern Europe (REC) in Szentendre, Hungary.

  Under the 1995 Dayton Peace Agreement between the two Entities, the environment was not mentioned as a responsibility of BiH, thereby leaving it in the hands of the Federation of Bosnia and Herzegovina and Republika Srpska, the two Entities which now comprise BiH.

  The Memorandum, also know as the Szentendre Agreement, notes that the decision to sign is based on the grounds that environmental issues do not recognise the boundary between the two Entities and that there is an urgency in finding solutions to environmental problems. It also notes that many environmental issues involve cooperation with other states and that foreign policy falls within the competence of the common institutions of BiH.

  The signing of the Szentendre Agreement means that the two Entities have officially chosen to cooperate in harmonising their environmental policies for the BiH state.

  "We used to be neighbours," said Jovo Basic, Minister of Urbanism, Physical Planning, Construction and Environment for the Republika Srpska. "We breathe the same air, often drink the same water and walk the same ground and share the same goals so we must rely on each other. I can freely say on behalf of my government that we're committed to cooperate with the Federation, Europe and the world."

  "This agreement is an indication that things in Bosnia and Herzegovina are finally changing for the better," said Ibrahim Morankic, Minister of Regional Planning and Environment for the Federation of Bosnia and Herzegovina.

  Under the Szentendre Agreement, the two entities have created an Environmental Steering Committee, which will meet at regular intervals, to help formulate common environmental laws and policies. The Committee, which held its first meeting immediately following the signing of the Memorandum, is comprised of eight members — four appointed by the governments of each of the two Entities. Representatives of the OHR, USAID, the European Commission, the World Bank and other international organisations may take part in the Committee as non-voting members. The REC is charged under the Agreement with supporting the work of the Steering Committee. Meetings will normally convene on a rotating basis between Sarajevo and Banja Luka.

  Issues to be dealt with by the Committee include: harmonisation of environmental legislation and regulation, standards and action programs, international treaties concerning the environment, and their implementation; involvement in international processes such as Environment for Europe; cooperation with international organisations such as UNEP and the European Environmental Agency, and relations with the donor community; environmental monitoring and information systems and plans for emergency situations; physical planning concerning the environment, information collection and exchange; transboundary and inter-entity environmental issues, including cooperation with neighbouring countries on environmental matters; and coordination of all environmental activities incident to the admission of BiH as a Member State of the EU.

  Both ministers expressed their interest in harmonising their legislation with that of the European Union. "We're very interested to follow the progress of advanced countries in this area and expect the government of the other Entity to do the same as it is in the interest of all BiH to be a part of the modern world," said Morankic. During the first committee meeting, however, concern was expressed that each Entity was already in the process of drafting its own environmental laws — Republika Srspka's being a copy of Serbian law and the Federation's being a copy of Croat and Slovenian law. "If these proposed texts are adopted, they'll probably be different. Instead of helping, they'll actually hinder our future work," said Boro Mandic of Republika Srpska's environment ministry and a member of the new committee. "Our first priority is therefore to have the same text at the same time in both Entities."

  "I agree that it would be a small tragedy if both sets of laws were adopted," said REC legal specialist Stephen Stec. "We hope to support dialogue on substantial parts of both draft laws and we would bring the best lawyers from both East and West into the process with the idea that BiH will have a joint, state-of-the-art law." The OHR's Stuart Thompson also encouraged the harmonisation of Entity environmental laws in order to implement an enduring peace and ensure stable economies on both sides.

  The Memorandum adds that the REC will support the work of the steering committee by lending expertise and other assistance — "a good example of the REC's mission in helping to solve environmental problems in Central and Eastern Europe through encouraging cooperation," said REC Executive Director Jernej Stritih. The REC's Japan Special Fund Director, Hiroyuki Goto, also announced during the meeting that the Japanese government had officially approved a project to provide assistance, through the REC, for inter-Entity cooperation and the new steering committee.

  Minister Basic told The Bulletin that one positive result of the former war between the two sides was that big polluters were shut down thereby protecting key natural resources. "But at the same time," he said, "all water supplies were destroyed or neglected as were waste treatment facilities. And there were disruptions in the conditions for biodiversity especially from deforestation." He added that BiH had so many environmental problems that it was hard to prioritise them as first or last, and he voiced concern over whether former large polluters would resume operations with the opening of new markets. "What will happen with our factories is now also an economic question."

  For more information, contact Stephen Stec at the REC.