[Translation prepared by Business & Human Rights Resource Centre]

Is the British company violating the decision of the Constitutional Court of BiH on clearing state land? 29 January 2024

Bosnia and Herzegovina: Constitutional Court overturns permission granted to Adriatic Metals to clear State-owned forests for mining; co. allegedly continues operations

Six months after overturning a decision that allowed the British company Adriatic Metals to clear state-owned forests for mining purposes in central Bosnia, the Constitutional Court of Bosnia and Herzegovina claims that the decision was not implemented because the works were not stopped.

"It is a well-known fact, of which the Constitutional Court is also aware, that work in this area is still ongoing," the Constitutional Court confirmed to Radio Free Europe...

At the beginning of January last year, the entity government of the Federation of BiH granted a British company temporary use of more than 72,000 square meters of state-owned forest land in the Vareš area.

This was made possible by the Decision on the conversion of forest land and its temporary use, which the Government adopted at the end of 2023.

The Constitutional Court of BiH annulled that decision on July 11, 2024, and ordered the entity government to annul all activities based on it. In its explanation, it stated that it was state property that was prohibited from being disposed of and that the entities had no right to manage.

Four months later, the Court analyzed the case and determined that the decision had not been implemented, it was confirmed to RFE/RL.

The institution states that the Government of the Federation of BiH, from August to October 2024, submitted information several times that all decisions related to the allocation of land to the investor in Vareš had been annulled.

However, the Constitutional Court could not conclude from these notifications that all investor activities were ultimately suspended, with the aim of bringing the allocated land to its intended purpose...