| Socio economic and legal studies
RFU comments on the Albanian studies on the socioeconomy and the legal report
September 2001, by Web Team
We would like first to emphasize the good quality of the two Albanian reports on the legal and socio-economic studies. They are very rich and they provide a lot of new information that enable significant progress in protection measures or in the management plan of sites. We think, however, that these reports are more detailed in the "analysis/description of what exists" section than they are in propositions. It would be useful to develop the latter section on certain points :
Concerning the legal study:
This report raises several difficulties that limit the protection capacities of the environment in the whole country and lists many gaps that deserve completion. Considering the amplitude of the needs, it is highly recommended to formulate propositions that take into consideration the human and financial resources of control and repression that will be available during the coming 5 to 10 years. It is useless to propose protection systems and frameworks that conform to « ideal» norms but which are not in accord with the needs, the possibilities of social acceptance, the capacities of application and with human and financial capacities.
As it is indicated in the report, the inalienable public domain corresponding to the sensitive areas has to be determined and the mecanisms of putting these lands at the disposal of the NAE or any other management structure (transfer, convention...) should be studied. The objective is to have at our disposal lands that will be later excluded from every real estate market and therefore, in their great part, cannot be used for construction in a permanent manner.
The propositions should, as of now, become part of the decentralisation process to come and they should elaborate the headlines of a coastal law that will direct the future qualifications of the regional and local authorities mainly in urbanism (strip of land not liable for construction, maintenance of green cuts or environmental corridors, impossibility of creating road infrastructure parallel to the shore of approximately 2km...).
As indicated in the legal terms of reference, the present priority is to obtain legal protection of the project’s sites. Propositions should be formulated and discussed at the local level. These preliminary propositions of protection of sites should be approached as pilot projects that should be extended to the whole country. The legal and reglementary propositions as well as the implementation process should therefore be simple, pragmatic and synthesized during discussions to serve as guidelines and be replicated elsewhere later on.
Propositions, regarding the management aspects of lands, should also be formulated. Standardised management conventions should be suggested to allow management on private lands that are included in the project’s sites, but what mainly should be suggested are conventions of use of public lands inside the project’s sites. Certain activities will be authorized on the project’s sites during the implementation of the management plan. In this case, a conventional framework, which allows the reglementation of these activities, should be proposed (agriculture, pastoralism, aquaculture, forestry...).
This preliminary work of reflection at the national level and the initiation of discussions and inter-ministerial and inter-sectoral discussions seem necessary to later optimise the intervention of an international expert.
With regard to the socio-economic study:
Many sectors were dealt with particularly well like questions concerning demography/ population, agriculture...Other fields apparently need to be completed mainly in the urbanism and land sectors : right to the land and distribution of properties (public/private) and of activities. Infrastructure projects also need to be completed.
Finally, it appears that the work is a current inventory and it doesn’t anticipate enough the short and medium term evolution (5 to 10 years / 20 to 30 years). In this context, evolutions in land management should be better described in the form of a long term scenario: projected projects (with their chance to succeed), evolution of urban areas and of villages and hamlet (those that will be developed, those that will disappear...), evolution of roads and infrastructures.
The document, which we dispose of, doesn’t include a map whether in land occupancy, land rights (construction...) or property (private / public). This type of aid is a necessity and an important exchange and communication tool with the other sectors influencing the area.
But it is convenient first to follow scrupulously the framework proposed by the terms of reference provided for by the Regional Facilitation and to control the fact that all points were tackled, all that needs to be done is to evaluate this by referring to the following tables.
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