Legal basis for cooperation between NGOs and local authorities for environmental protection

by Belin Mollov, Bulgarian Section of the Regional Environmental Center for Central and Eastern Europe

The REC Charter signed in 1996 set before the countries of Central and Eastern Europe new and important tasks to solve environmental issues through active cooperation between non-governmental organizations (NGOs), governments and local authorities, business and other environmental organizations for free exchange of information and citizens participation in the process of decision making regarding environmental protection.

The accomplishment of those tasks requires finding opportunities for conducting joint work and activities between NGOs and local authorities. Therefore, it is necessary more than ever now to know in detail the national and local legislation regulating the rights and obligations of both municipalities and public organizations in order to achieve effective participation in the protection of the environment.

According to the Constitution and the Local Self-Government and Local Administration Act and the Environmental Protection Act, which have been recently adopted, the municipalities were assigned new and important obligations to solve a number of acute environmental issues related to control of hazardous waste, management of household waste water and solid waste, providing clean potable water, development of environmental protection programs, etc.

At the same time the Constitution and the specialized laws define the most important features of civil society and citizens participation in resolving issues of local importance. As representatives of citizens interest, non-governmental organizations, though not explicitly mentioned in the provisions of the above mentioned laws, may easily determine their rights and ways to influence the decision making process and, thus, to cooperate actively with local authorities.

Citizens right to form associations for the achievement of social and economic prosperity - Art. 14 (4) are granted by the Constitution.

Citizens are entitled to obtain information from state institutions and agencies on any matter of legitimate interest to them - Art. 41 (2).

Every citizen above the age of 18, . is entitled to elect state and local authorities and vote in referendums. - Art. 42 (1)

Citizens and legal entities may contest any administrative act which concerns them. - Art. 120 (2).

These citizens rights are also rights of the non-governmental organizations, whose mission is to assist citizens in protecting the interests of the community.

Bulgarian municipalities need support in order to assess, within their responsibilities under the law, the impact of environmental problems on human health, the environment, the economy and define which of the issues cause most serious risks. Municipal employees should be able to develop and apply environmental protection programs, to participate actively in committees and to make decisions in a democratic society, to spend effectively the budget of the respective municipality and draft action plans, raise funds for supporting environmental projects and encourage citizens to participate in the decision making process on environmental issues.

The NGOs are able to provide such support. They are natural partners of local authorities in solving local problems. However, NGOs need to be acquainted with the laws, the municipality s structure and activities, in order to be able to find and render efficient support.

The Local Self-Government and Local Administration Act states the responsibilities of the municipalities concerning the preservation and sustainable development of the environment. Municipal councils are entitled to:

• define requirements to enterprises and companies regarding waste disposal;
• specify the terms for using municipal infrastructure;
• define local taxes and fees;
• issue ordinances on protection of the environment;
• impose penalties in cases of trespassing of regulations and rules.

The Environmental Protection Act (EPA) assigns the obligation to the municipalities to develop their own programs for protection of the environment in cooperation with other state bodies including regional departments, the Ministry of Environment, the Ministry of Health Care and the Ministry of Agriculture. Furthermore the municipalities are obliged to inform the public on the condition of the environment and the most important development projects which are subject to assessment with regard to their impact on the environment. The law provides that all citizens have access to information on the environment s condition.

The new significance conferred by those laws to the municipal control provides greater possibilities to citizens and NGOs to participate actively in the decision making process for they know quite well local necessities and problems. This applies both to sustainable development and environmental protection and to economic development and usa of natural resources.

The following principles may be defined when supporting the municipalities in working-out an efficient program for action:

• The program should be based on wide citizens participation in decision making on environmental issues.

• The municipal councils, the citizens and NGOs should have access to information on environmental issues.

• The definition of environmental priorities should be the first step in developing a long-term strategy.

• NGOs should have a decisive role in educating and promoting the environmental awareness of local population.

• The representatives of local businesses should be convinced in the necessity to support municipalities and non-governmental organizations by providing financial support for the program.

1. REC - Regional Environmental Center for Central and Eastern Europe - Branch Bulgaria was set-up in 1992 and has been working on implementing the programs of REC - Budapest, the European Commission and the USA. The center s activities are aimed at Bulgarian non-governmental environmental organizations, government institutions, local authorities, the business sector, academic and research institutions, state and private media.

The Local Projects Grants Program is entirely intended for non-governmental environmental organizations and its aim is to support the organizations both in their institutional development and in the implementation of specific local projects. Since 1993, 430 projects were submitted by more than 10 organizations from which 80 projects were funded.

REC-Bulgaria s Educational program is running since 1996 and among its priorities are building of skills for institutional development of the organizations and project management, strategic planning and fund raising for long-term activities of environmental organizations, as well as encouraging local authorities and business to participate in decision-making on environmental issues.