Closed on 31/12/2024
* Admissibility date reflects the date the case was officially registered. All other dates pertain to the date in which a stage was completed.
Case Description
Complaint
In February 2020, the EIB-CM received a complaint lodged by project-affected persons in Bosnia and Herzegovina concerning an EIB-financed highway and tunnels project. The complainants raised issues regarding the public consultation process and the alleged lack of assessments on the project’s impact on returnees and minorities.
Work performed
The EIB-CM has reviewed the relevant project documentation and the applicable regulatory framework. In addition, it has liaised with different Bank services and with the complainants to obtain information on the project. The allegations were assessed in the context of potential Bank maladministration, including its potential non-compliance with the applicable regulatory framework and/or failure to exercise adequate due diligence. In particular, the EIB-CM has assessed the due diligence carried out by the Bank in the areas related to the complainant’s concerns.
Conclusion
In November 2022, the EIB-CM concluded its review of the main allegations.
With regard to the allegation of inadequacy of the 2017 environmental impact assessment for the selected alignment, the EIB-CM takes note that the promoter submitted a multi-criteria alternative route assessment to the EIB.
With regard to the alleged unassessed impact of the route on returnees and on the well-being of the community in accordance with EIB standards, the EIB-CM identified a lack of a detailed assessment on the impact of the project on minorities and returnees who might be vulnerable and at risk of suffering adverse, compounded or disproportionate impacts in line with Standard 7 of the EIB Environmental and Social Standards.
With regard to the alleged lack of effort on the part of the promoter to assess the complainants’ concerns, the EIB-CM takes note that a public consultation had initially been planned for July 2020 and subsequently postponed due to the COVID-19 pandemic.
With regard to the expropriation process and the right to appeal, it is important to highlight that the expropriated lands had been declared of public interest in line with national law. However, the EIB-CM took note that expropriated persons had access to the court to challenge the amounts of compensation, a right that was exercised by some of the expropriated persons. From the information gathered, it appears that access to court is automatic if the offer is refused by the expropriated person.
Outcome
As a result of the review and in light of the conclusions, the EIB-CM closed this complaint and issued two action points. Given that the consultations occurred during the COVID-19 period, the EIB-CM suggested that the EIB services further support the promoter in identifying additional and alternative communication channels with the public (i.e. social media, blogs/forums, radio) to reach out to all the affected population for future planned engagements.
Monitoring
The EIB-CM recommended that the relevant EIB services closely review the consultation processes to ensure compliance with EIB Social Standards and address the complainants’ concerns. Additionally, the EIB-CM requested that an assessment be conducted on the impact on minorities and returnees, particularly those vulnerable to adverse, compounded, or disproportionate impacts, in line with Standard 7 of the EIB Environmental and Social Standards.
Following a lengthy follow-up due to the delays in the procurement process to commission the experts to perform the assessment and audit report, the EIB-CM deemed the action points satisfactorily implemented, and no further follow-up was required. The EIB also took note of the outcome of the complaint lodged with the EBRD Independent Project Accountability Mechanism (IPAM) on the same project.
Consequently, the monitoring of this action was closed in early December 2024.