Environmental justice in Albania is impossible without recourse to the courts and community participation

Publication date: June 5, 2024

The Centre for Legal Empowerment (hereinafter referred to asCLE) started its activities in Albania at the end of 2021. Previously, the organization’s team worked within the framework of the legal empowerment program managed by the Open Society Foundations. However, after its closure, the experts decided to continue the existing areas that they had been developing since 2017 by founding a new organization.

Among them is work in the field of environmental justice. It was this experience that the organization shared within the framework of the Regional Partnership in Eastern Europe and Central Asia, coordinated by the Legal Development Network.

Most of the activities of the Center for Legal Empowerment focus on the protection of the right to a safe environment, labor rights, and human rights guaranteed by the country’s constitution, as well as rights related to housing, property, and socio-economic issues. The Center works on strategic litigation and cases involving collective protection. In addition, the organization operates an online platform that provides free legal assistance across the country.

In addition to providing legal assistance, the Center implements initiatives — it conducts training for paralegals in collaboration with other civil society organizations, initiates research, and works with law students.

Achievements in Environmental Justice

The Centre for Legal Empowerment has supported over 50 cases in the field of environmental justice, with many focusing on the protection of the right to a safe environment. One of the critical issues successfully addressed involved halting the construction of hydroelectric power stations. These projects, often executed without prior public consultations, inflict significant harm on the economy and environment of small settlements where water resources are depleted. Consequently, the affected communities face obstacles in developing their micro-economic activities, rendering business operations impossible. It is anticipated that more than 100 power stations will be built in Albania.

In terms of protecting the right to environmental justice, the CLE addressed issues related to property rights or the failure to receive proper public services from medical institutions. 

These cases were specifically related to the Roma community. Another frequent problem that the organization works with is the emergence of garbage dumps operating without regard for environmental protection standards.

«We successfully closed landfills operating without environmental permits and transformed the area into a park. Additionally, we halted the construction of four power plants and prevented the establishment of a private business in the midst of the forest. Furthermore, we challenged a decision by the Council of Ministers that reduced seven protected areas, and this case is currently in court. 

In all of these instances, our involvement began when paralegals contacted us. Together with the community, we staged protests, engaged with local and national media, and generated public outcry. Subsequently, as a final step, we pursued legal action. While such appeals are not always successful, in some cases, we managed to change the situation in our favor, thanks to the pressure exerted by the entire community.

The latest case we’re currently addressing involves two large ships registered in one of the most picturesque locations in Albania. These ships are intended to generate energy, for which they will receive approximately 80,000 euros per day. However, this amount is relatively small and not economically viable. Moreover, these ships are quite old and pose a potential threat to the pristine environment of Dora, home to the most beautiful sea in Albania. We have filed a lawsuit and are awaiting the first court hearing,» says Franc Terihati, Executive Director of the Centre for Legal Empowerment.

Active community participation is the key to success in court

The expert notes that resolving the case without resorting to court is nearly impossible. Albania’s state policy regarding the protection of the right to a safe environment has remained unchanged for over 10 years, owing to the prolonged tenure of the current government. For instance, public hearings often appear to be merely formalities, with invitations extended mainly to those residing outside the affected area or those with vested interests in the project. Moreover, public announcements with prior notice of dates and locations are not published anywhere.

Nevertheless, to succeed in a court case, it becomes imperative to leverage all available tools, including the engagement of activists, paralegals, local environmental NGOs, and journalists. This approach demonstrates to the judge that the community and, ultimately, all civil society actors are actively interested in resolving the issue, not solely relying on legal professionals.

Frank Terihati recalls that at the beginning of his practice in defending the right to a safe environment, only lawyers and a few community members were involved in the cases, and the court verdicts were not in their favor. Moreover, community members declined to continue defending their rights.

Today, approximately 50 paralegals operate in Albania, along with activists who explain problems and potential legal solutions to communities, laying the groundwork for systematic collaboration with them. During training sessions, paralegals are equipped with tools to engage with communities, employing case management systems or online platforms to provide legal aid. They are also instructed on how to offer legal aid on specific topics, such as drafting requests for information, safeguarding the right to housing, and ensuring environmental protection. Training covers the procedures that private companies must follow to obtain a license, such as the construction of a hydroelectric power station and more.

«We involve paralegals in all our cases. Our past experiences have demonstrated the importance of identifying the problem and communicating with community members in their language. Lawyers often use a specialized language that can be challenging to understand. Guiding this process is crucial, as community members must grasp the problem and its significance. This approach allows the community to actively participate in addressing the issue from inception to resolution, even if it takes a considerable amount of time, sometimes more than five years,» says Franc Terihati.

The piece was developed within the framework of the Grassroots Justice Network’s Regional Partnership in Eastern Europe and Central Asia

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