CoE Chair Andora Environment/Tourism Minister Camp to EuroFora: Landscape's importance for Democracy

 

*Strasbourg/CoE/Angelo Marcopolo/- The importance of Natural and Cultural Landscapes which surround People's everyday Lives, both for Democracy and Human Rights, given what is at stake about affected Persons' Well-being, Health and Environment, as well as for Cultural Identity and Economic Development, was highlighted during Spring 2013 COE's PanEuropean Conference on the Landscape Convention, with a growing focus on the Need to act for its Implementation, particularly also by actively involving concerned People's Participation in Democratic Citizenship procedures of Decision-making by Public Authorities, as key-note Speakers told in substance "EuroFora", while pointing at forthcoming Developments on 2013-2014, years of EU Citizens and EU Parliament's Elections, respectively...

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"EuroFora" asked from the outset CoE's Chairman in office, Environment/Tourism Minister of Andorra Francesc Camp to explain -"Why Andorra's CoE President focused also on Landscape protection ?"

 - "Landscape is in an integral part of the Strategy for Environment, which is among the main Priorities of the rotating Presidency of CoE's Committee of Ministers by Andorra" (November 2012 - May 2013), immediately replied the competent Minister.

- But, "How exactly Environment is linked to CoE's main priorities on Human Rights, Democracy and Rule of Law ?", "EuroFora" invited the specialized CoE's-chairman-in-office to clarify :

    - Because it's important for Democracy, particularly given People's aspiration for a beautiful Landscape, a Nature favorable to their Well-being,  Healthy surroundings and Tourism, for better relations between People living together, as well as for Citizens' active Participation in the way that their Natural and Cultural Environment is shaped, Minister Francesc Camp replied in substance to our second question.

    - "Preserve and valorize Landscape is an important point in the construction of an Harmonious Living-Together, in our culturally diverse Societies", as he went on to observe earlier in his inaugural speech at CoE's Conference, before presenting the country's national landscape program.

 - "People become more and more Aware of the Value of the Landscapes in which they live, which deserve all out attention as Habitats" (living space). "The aims of (CoE's Landscape) Convention are more widely Recognized in Europe, and even serve as an Example also far away from the European area" .. thanks to this Modern and Advanced view on Landscapes integrated in our Policies", which "is important not only in order to valorize a Territory in itself, but also Culture and Heritage, allowing Citizens to better understand and interact with their everyday Environment, as he said.

    - "Citizens' Participation is of Essential Importance in this Strategy, he stressed, and for this purpose, we (Andorra) have set up a List of Darkspots which need to be resolved in cooperation with our Municipalities, etc., and we've organized also a mechanism of "Photo-Denonciation" in order to promote People's active involvement, he revealed before an interesting, concrete presentation which already started to inspire also various other People, including "EuroFora"... (See Infra).

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            + Moreover, an obviously important factor is also the fact that almost "50% of the country's GDP comes from Tourism", mainly because of its Natural Landscape features, which ally "Snow and Sun" during Wintertime, and a Quiet, unspoiled Environment during Summertime, considering also that it's just about 1% of Andorra's territory which has been urbanized, leaving yet huge areas for future development, as several extensions and/or new villages indicate, Minister Camp also added in substance while speaking later to "EuroFora".
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    - "European Landscapes are part of our Living Environment and are of Fundamental Importance to our Individual and Social Well-being, Quality of Life and Identity", while "they (also) play an important role in the Cultural, Ecological, Environmental and Social fields, and through Tourism they .. represent a valuable Resource for Economic Activity", stressed earlier CoE's deputy Secretary General, Gabrieall Battaini-Dragoni, in her address to COE's Conference.

    - But, "in too maby cases we have witnessed the Destruction of Landscapes, or developments which have rendered Extraordinary Landscapes Unremarkable", she denounced, while pointing also at several "Technical developments and (to) the needs of our Economies (which might) lead to constant Pressure on Resources and (on) the Cultural Heritage".

    => Therefore, "all Citizens must take part in the Preservation of the Quality of the Landscape, but Public Authorities have a special Duty", since CoE's "Convention .. entail(s) <<Rights and Responsibilities for everyone>> and establishes ...Legal Principles", she warned. In consequence, "the aim of this (Spring 2013 COE's) Conference is to present .. the progress made .. and Practical Questions related to its Implementation", D-SG. Battaini-Dragoni stressed.
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The European  Convention "notes" from the outset Landscape's importance in thee Cultural, Ecological, Environmental and Social fields", while also constituting "a resource favorable to Economic Activity", "whose Protection .. can constitute  with Job creation".

Landscape "is a basic component of the European Natural and Cultural Heritage", as well as "Identity", while also "contributing to Human Well-Being", (both "Individual and Social"), as "an important part of People's Quality of Life everywhere".
In consequence, "its Protection ... entail(s) Rights and Responsibilities", in particular about being "Recognized .. in Law as an Essential component of People's surroundings, ... Cultural and Natural Heritage, and .. Identity", managed, planned, and "integrate(d) .. into .. regional and Town Planning", "Cultural, Environmental, Agricultural, Social and Economic Policies".

But, most of all, it requires "to establish Procedures for the Participation of the general Public, ... and other Parties with an Interest in the definition and implementation of the Landscape Policies", whose "Active Participation" is necessary in order to "take into account the particular Values assigned to (Landscapes) by the ... Populations concerned",  and to fix "landscape Quality Objectives ... after Public Consultation".

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    The Spring 2013 CoE Conference took an important decision in view of the possible creation of a Pan-European Monitoring mechanism for the Implementation of the European Landscape Convention, as required by its Article 8, according to which, "the (State) Parties undertake to cooperate", concerning "the Effectiveness of (the) Measures" prescribed, by "pooling and exchange of experience, .. results of research" and "Specialists" ("in particular for Training", etc), as well as by "exchanging Information on all matters covered by the Provisions of the (CoE's) Convention", (comp. Supra) :

    - It was, indeed, decided to adopt a Draft Recommendation for the establishment of a PanEuropean "Information System" mainly about the implementation of the "Landscape Convention" in all its Member States, which might evolve, later-on, (by analogy to various other similar CoE Mechanisms in many other areas),  into a precious Tool for eventually starting to really check National Policies' conformity to the Principles laid down by the above mentioned CoE's Legal text, already highlighted Supra, and the relevant Commitments undertaken by the Countries which have signed and ratified it. Code-named "ELCIS", (for "European Landscape Convention's Information System"), and acompagnied by a handy, practical "Glossary", this tool could include, f.ex. at its scheduled "2nd stage", also a useful PanEuropean Collection of Case-Law by National Courts concerning all Legal issues for the Implementation of CoE's Convention in its Member States, as the experienced Secretary General of NGO "Civilscape.eu", Dr. Gerhard Ermischer, told "EuroFora" concerning our suggestion (comp. supra and infra). 

Such and/or other Final Decisions are due to be shaped by the brand new CoE's Steering Committee on Culture, Heritage and Landscape (CDCPP) on May 2013, followed by CoE's highest Political body : its Committee of Ministers, while specialized Ministerial Conferences are prepared for October 2013 in Montenegro, concerning specifically Landscape's "Future" and "Democracy", as well as on 2014 in Greece, concerning its inclusion in wider Spatial/Regional Planning (CEMAT),  confirmed to "EuroFora" the competent long-time  CoE's Head of the Division for Spatial/Regional Planning and Landscape, Maguelonne Dejeant-Pons.

 

However, despite its obvious interest, any such eventual move should also take into account "the Specific characteristics of each Country", carefully warned "EuroFora" the outgoing, long-time Chair of COE's Conference on the European Landscape Convention, Maria Jose Festas from Portugal.

Nevertheless, it's interesting to note also the Fact that her successor as new Chair, the Norwegian Liv Kristine Mortensen, a Senior Official on Regional Planning at the Ministry of the Environment, comes from a key Nordic Country among the 4 (Finland, Iceland, Norway and Sweden) who have just issued a Strong Statement of strategy, asking to put more "Emphasis on" - and "clearly reflect"-  "Landscape and Spatial Planning .. in the Future Priorities of the CoE", (currently considered by its Committee of Ministers), stressing that "International" action, (such as "exchange of knowledge", "best practice", etc.) "is embedded in the Convention", whose "aims .. are .. to organise European Cooperation on Landscape issues", after being ratified by 38 States and signed by 40 out of 47  Member Countries of the CoE, from which they "expect .. to provide services of Quality and Practical use", particularly via "CoE's functions as Facilitator and Common Meeting ground in a Pan-European Network... and its Capacity", which "provide(s) very Important venues for .. Implementation" and for the "Organis(ation of) Pan-European Cooperation between its member States on these issues", in order to "give .. Stimuli to the Reinforcement of Human Rights, Democracy and Good Governance throughout Europe".

Simply because "Landscape and Spatial Development are Important issues in any Democratic Society", the Nordic Countries' Statement stressed, pointing to the fact that "the European Landscape Convention was initiated for the reason of Democracy and Participation" of Citizens, since "Landscape is the Concern of All", particularly when "Many People have come to realise that the Quality and  Diversity of their Surroundings and Everyday Lives are Deteriorating, as a result of Technical and Economic developments, in which they have had No Say", as they denounce.

 

In a welcome, because timely, unscheduled intervention at the Pan-European Conference by the currently Hyperactive CoE's new Director General of Programmes, Claudia Luciani, she finally confirmed a strong will to include Landscape's protection among CoE's Priorities, even if the Budgetary aspects (of secondary importance even for the Nordic Countries as they say in their statement : Comp. Supra) would still be under discussions. Meanwhile, Luciani also found, a priori, interesting "EuroFora"s concrete suggestion to strengthen European Landscape Convention's Implementation by systematically collecting relevant Case Law in CoE's Member Countries, so that  EU might fund f.ex. a CoE's competent experts' work into a kind of Legal Compendium able to guide National Courts in interpreting the key principles set up by the PanEuropean Legal text, (comp. supra), in line with her earlier, wider proposal for stronger and more efficient EU - CoE cooperation in this field.

- F.ex.,  new French Expert Aurelie Franchi, from the Landscape Office of the Department on Quality of Life in the Ministry of Sustainable Development, speaking to "EuroFora", expressed the view that COE's Convention, in fact, doesn't really impose direct obligations to Public Authorities, as she said, and pointed at the preparation of a Draft Law due to "include Landscape's protection inside a wider scope on Bio-Diversity", in order to help apply the above mentioned principles.

- But, the experienced President of the European Council of Spatial Planners, Luc-Emile Bouche-Florin, prefered to clearly stress, on the contrary, the fact that "the European Landscape Convention has been already ratified by a Law, and, as an International Treaty, it is obviously applicable in France, so that it can be legally invoked f.e. before the competent Courts, (even if he admitted that he didn't have yet ready in mind some concrete examples of such a Legal use, which has reportedly started since years).

 

- In Germany, even before any eventual Ratification, already several Laender (Federated States/Regions) in fact include all or most of its provisions inside their own Regional Legislation, added also to "EuroFora" the Secretary General of "Civilscape" NGO, headquartered at nearby Germany, Dr. Ermischer, (who, however, found better for the EU as a whole to accede to CoE's Landscape Convention, so that the Luxembourg's ECJ Judges can start considering its implementation also by this biais).

- However, in Countries like Italy, France, Germany, Greece, Belgium, etc., in principle, their Legal Systems of Administrative Law, should normally allow for the Judge to eventually oblige the Public Authorities to at least present a "Sufficient Motivation" of their Decisions regarding the Values protected by the European Landscape Convention, (i.e. Nature, Cultural Heritage/Identity, concerned People's well-being, livelihood, etc), and/or a "Contradictory Procedure" (of the kind "Audi alteram pars") with proper Consultation of the affected Citizens, as well as by possibly taking into account also CoE's Landscape Convention's Values in any Judicial check of the so-called "Proportionality" (aka  : "Bilan : Coût-Avantages" in the familiar French expression) of any Decision on Landscapes taken by a Public Authority with Discretionary Power. Thus, an interesting Judicial Monitoring at least of the "Decision-Making Process" could be legally developed throughout Europe on the basis of the European Landscape Convention, as "EuroFora" suggested, speaking to CoE's experienced Head of the Division on Spatial Planning and Landscape, Maguelonne Dejeant-Pons, who didn't exclude at all that possibility.

- But in Greece, already, "citizens can bring such Legal cases even up to the Highest Administrative Court ("Council of State") !", since CoE's Landscape Convention has been ratified by Law, clearly said to "EuroFora" Anestis Gourgiotis, Senior Official on Spatial-Urban planning at the Ministry of Environment, Energy and Climat Change. 

 

     
Greece currently holding the rotating Presidency of teh European Ministerial Committee on Spatial/Regional Planning (CEMAT) until 2014, (Year of EU Parliament's Elections, also under Greece's forthcoming EU Presidency), Gourgiotis stressed mainly Spatial Planners' recently expressed intention to include Landscape Convention's principles among their Criteria, and presented at CoE's Conference the results of the latest Workshop on "Landscape as a New Strategy for Spatial Planning", organized on October 2012 in Thessaloniki.

 
>>> Significantly, the event was placed under the stimulating, wider and topical framework of developing "a Vision for Europe's Future", particularly "on Territorial Democracy", where Landscape issues should boost "another way to see the Territory involving Civil Society"...

- Indeed, by seeking more Democracy, with real Citizens' participation, and for any Spatial/Urban Planning to include Landscape Values, "we (CEMAT) want to be sure to avoid at least some Abominable situations, as f.ex. that which can be seen in these Photographs", observed CEMAT' Presidendy's (2012-2014) Senior Official, pointing at a List of Photos presented to him and other CoE's Landscape Conference participants by "EuroFora", which reveal the astonishing spectacle of a Strasbourg City's popular Suburb (at "Haute-Pierre") where an originally Beautiful Natural and Cultural Landscape, including a small Wood with many adjacent Big Trees Hiding all Buildings, a High Hill with a Bridge at its Top, and a Pedestrian Pathway covered by Shady Trees in a way that People felt as if they were in a Green Village or even inside a big Forest, without any appearance of Heavy, Gray Buildings of Concrete which, in fact, surrounded that area, artfully hidden behind that Small Wood, allowing the Inhabitants to take a fresh breath and feel as if they were in the middle of pure Nature....

 

Unfortunately, a brutal Invasion of huge Buldozers totally Destroying all 35 - 45 Numbered big Trees of that Wood, and Demolishing the Bridge as well as most of the Hill (where People could see a spectacular Sunset, while Children played with Snow, Bikes, etc), totally eliminating the independent and beautiful pedestrian pathway,  etc., had transformed that area into an Awful Muddy Mess, without leaving not even one (1) Natural Tree intact, pushing big Metal Barriers to swallow 50% of the formerly Free Access area, and stil keeping all Neighbouring Families away by Barriers blocking all the area, even a whole Year (12 Months !) after the Demolition, (i.e. obliging f.ex. Mothers with Babies, old people, etc., to .. walk amidst a lot of Mud, Insects, and Dangerously unhealthy stagnant water plenty of Dirt, even during an entire Hot Summer's Exceptional Heatwave...

Such concrete examples, (whose denonciation was inspired by the competent CoE Chairman-in-office, Minister Camp's earlier initiative for "mechanisms of "Photo-Denonciations" in order to promote People's active involvement"  : Comp. Supra), obviously are in a blatant Contradiction with the obligations stemming from COE's PanEuropean Landscape Convention, not only because of that Huge and Irreversible Destruction of all Trees of a Wood Aged 30 to 40 Years, but also because of a strange Contempt which never took even into account a collective Petition signed by Hundreds of People living in that area, who had kindly asked to Respect this small area of pure, splendid Nature, the only one that they had in the middle of a Jungle made by Many ugly Collective Buildings full of gray Concrete ... Even a spontaneous popular Demonstration by many Kids, who had vainly cried, all together : - "Hands off from our Bridge !" (the Symbol of that Hilltop), before being later-on brutally Chassed away by the Huge Bulldozers and a violent Rain at the moment of the massive Destruction/Demolition (comp. Supra)..

- "It's really Horrible !", honestly witnessed in this regard also the experienced Norwegian former long-time Representative at CEMAT, Audun Moflag, speaking later to "EuroFora", after carefully asking us to find out where and when all this mess had been inflicted for such a Long Time  to the innocent and socially fragile, Poor Population of such a Peri-Urban Suburb, as those that he had just described, in his landmark presentation of Spatial-Urban Planning's concern for elementary Landscape values' respect :

- "Landscape adds a Human element, a Human Quality in a Natural and Cultural Environment". That's particularly important in those areas where "Poor People live in a Housing of the 1960ies", facing today's "Markets' forces". In fact, concerned "People themselves are better suited to know what is best for their Community" to do with their Landscape in which they live. Therefore, really "Active Citizenship and Participation is a big New Approach" which must inspire all relevant activities by Any Public Authorities in the Present and the Future, concluded in substance the experienced Norwegian Expert, largely applauded, whose valuable work was Unanimously considered by the COE's PanEuropean Landscape Convention's Conference of Spring 2013 to be so useful that it was decided to exceptionaly Publish it in a special, practical Handbook and CoE Leaflet, due to be distributed throughout all European channels (f.ex. to Public Authorities, NGOs, Judges, Lawyers, Urbanists, Media, etc).

Last but not least, COE's recent Priority concern for Landscape protection, significantly focuses mainly on the "Implementation" of the relevant European Convention particularly on "Towns, Peri-Urban and Sub-Urban areas", mostly of the kind pictured in the above mentioned Photos critically commented by experienced Norwegian Expert of CEMAT, Audun Moflag, and others, (Comp. Supra).

A Counter-Example of a blatant Blunder, damaging People's everyday Lives, Health, etc., which obviously could not be completely reversed by merely ... putting, in the middle of a Flat Concete and with all Ugly Collective Buildings now apparent all around, only a few tiny small Sprouts, unable to give any Shade, not even to cover anyone from the Rain, at least not before .. 20 - 30 Years or so, i.e. when most of the People victims of that blunder might Not even be Alive ...

(Comp. a photo of such obviously ridiculous Tiny Sproots, which obviously look more like a Waste of Taxpayers' Money, instead of Really Correcting a big and dangerous Blunder which uselessly wasted a lot of Public Funds only to Destroy an exceptionaly Beautiful and rare Natural and Cultural Landscape, without any regard to Hundreds of concerned People's collective protests)..

As COE's chairman-in-office, competent in such matters, Minister Camp, has just said at the PanEuropean Conference of Spring 2013, such "Darkspots", really show the need for the affected People to collaborate with Municipalities in order to try to Find adequate Remedies to the manifold damages already inflicted to the inhabitants, in order to start hoping for a Better Future "Landscape" for all involved, respectful of European Principles of Law.

 

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