Municipality recalls permission, brings "George Bush" project under review

For the Municipality of Prishtina, launching the implementation of projects that affect cultural heritage assets without obtaining consent from the relevant authorities has become routine. But the works on the “George Bush” Square had to be stopped in order to make it follow legal steps. While a week ago, it turned such a thing into a political accusation, now it has sent the project for review. It is now in the hands of the Kosovo Institute for the Protection of Monuments

The Municipality of Pristina has shown itself to be efficient in terms of legal procedures after the Cultural Heritage Inspectorate banned the works on the "George Bush" Square. The works were banned on Wednesday, March 12th because the Municipality did not have permission to implement the project between the four monuments. On Friday, March 14th, the local institution submitted the project and the request for review to the Regional Center for Cultural Heritage in Pristina. On Monday of this week, the voluminous project reached the Kosovo Institute for the Protection of Monuments. 

The clash between the Municipality of Pristina and cultural heritage institutions last week was at its highest possible point. The project for the “George Bush” Square was the third of the major interventions in the capital, for which there is no agreement between the parties. But in this case, the Municipality had not yet taken the first step that it is required to take by law: requesting approval of the project from the Kosovo Institute for the Protection of Monuments. As a result, work on the project, which weighs 18.4 million euros, was stopped. 

"The works began over the weekend, where the site was fenced off. 'George Bush' Square will be built in this area. The area where the works are taking place is located within the assets of the Historical Center of Pristina, the 'Grand' Hotel, the Rectorate and Radio Pristina. For these works, a request for permission has not yet been addressed to the cultural heritage institutions, while we were informed by the party that they have been provided with consent from the Municipality of Pristina to allow the works," the minutes state regarding the ascertainment of the factual situation. 

The measure taken clarifies that the works have been stopped. 

"Works are prohibited. Official banners and signs are placed. The party is obliged to obtain a permit from cultural heritage institutions within 30 days," the minutes of the Cultural Heritage Inspectorate state.

Although municipal officials had said that the works would continue, they have acted differently. They have submitted the voluminous project to cultural heritage institutions. 

"On Monday afternoon, we received the project for the seven phases of works on 'George Bush' Square and now its review will begin," the Kosovo Institute for the Protection of Monuments confirmed. Municipal officials on the day the works were stopped said that it was a political blocking approach. But on the other hand, they have followed legal procedures. 

The Law on Cultural Heritage stipulates that in situations where works are carried out near monuments, written permission is required. 

“Any intervention that affects the integrity or values ​​of cultural heritage requires written permission from the competent institution,” states Article 4 of the Law on Cultural Heritage. It also states that the competent institution orders the immediate cessation for an indefinite period of time of any unauthorized work on cultural heritage.

"The application for a permit for the construction of buildings or other creation within the protected area of ​​an architectural monument, or within an architectural conservation space, or that affects the environment of an assembly, is submitted for consideration to the competent institution. The competent institution has a veto on the granting of such a permit. If the competent institution does not respond within 15 days regarding the application for the construction of buildings or other developments, the permit may be determined by the relevant authority for planning and construction", is defined in Article 9. 

The law also specifies the protected area around the monuments. 

"Architectural monuments under temporary or permanent protection have a protection zone, which is 50 meters from the perimeter of the monument. This protection zone may be expanded or narrowed and is determined in the plan of the competent institution and in the relevant spatial plans in accordance with Article 2 of Law No. 2003/14 on spatial planning," reads Article 6 of the law.

Sali Shoshi, who heads the Cultural Heritage Without Borders – “CHwB Kosova” foundation, said that it is entirely legitimate for the Municipality to have an interest in pushing forward a project that they are convinced is in the interest of the citizens. According to him, on the other hand, it is also legitimate to have a concern about the side effects of a project in a context where there are cultural layers that for some citizens may be important, especially since they are on the list of cultural heritage. 

"Beyond rhetoric, media attacks, debates on Facebook, this concern can and should be addressed according to international practices. Organizations such as UNESCO, ICOMOS, the World Bank, but also the literature recommends that if a project is planned to be developed within a context that affects layers of cultural heritage, it should first undergo a heritage impact assessment, which is a systematic process used to assess the potential impacts of a proposed project on the cultural heritage of a given area," said Shoshi. 

According to him, the heritage impact assessment report should be submitted to heritage institutions but also made public so that the public is also informed about the possible impacts and the measures for their remediation. This would be the best practice. Much better than mutual attacks without sifting the arguments," said Shoshi. 

He said that according to the literature, some of the components of the heritage impact assessment report are: identification of heritage assets; assessment of significance; assessment of potential impacts; mitigation measures; public consultation; reporting and documentation. 

"This report is presented to the relevant institutions for review and consideration," said Shoshi. 

For the Municipality of Pristina, initiating the implementation of projects that affect cultural heritage assets without obtaining consent from the relevant authority has become routine. 

Last year, the Municipality had started the construction of the “Arbëri Urban Island - Youth Palace” by maneuvering with the place where the works were planned to start. The Municipality had placed information boards for the project across the railway and the highway. The heavy vehicles were also positioned there to inaugurate the works. However, the railway is the border line between “Arbëri” and the protected area of ​​the Historic Center of Prishtina.

Since the Palace of Youth and Sports is also protected as a monument, the Kosovo Inspectorate for the Protection of Monuments had stopped the works as soon as the signs were put up, as the Municipality had not complied with the legal provisions for obtaining consent from cultural heritage institutions. 
After the works were interrupted, through which the Municipality was preparing to inaugurate the start of the project, the institution found a solution: it moved the signs across the railway track and started the works in “Arbëri”. Then it applied for consent, but the Kosovo Institute for the Protection of Monuments rejected the project, with the reasoning that the Conservation Plan for the Historic Zone of Pristina is being drafted and that the Municipality’s project should be reviewed. The Municipality has appealed this decision. The project costs 6.5 million euros and over a million has already been paid to the contractor, although the work is not continuing. “Island...” also passes through the space dedicated to the Opera and Ballet Theater.

The Ministry of Culture has filed a criminal complaint in this case against the mayor of Pristina, Përparim Rama, for "violating 2.5 million euros", the cost of the Opera and Ballet Theater project. 

The Municipality, the IKMM has not even approved the project for the underpass on the “Agim Ramadani” street. But, despite this, this week it has opened a tender for the estimated value of 6 million euros for this project. The attempt to sign a contract with the contractor without having the project approved by the IKMM is a step in violation of the Law on Cultural Heritage. But even cultural heritage institutions sometimes turn a blind eye. 

While the “George Bush” Square is seen as a protective zone of the Historical Center of Pristina and this has been one of the reasons for the Municipality’s suspension of works on the “Rexhep Luci” street, where works have started since November, cultural heritage institutions have not reacted at all. KOHA has confirmed that the Municipality has not received consent from the Kosovo Institute for the Protection of Monuments for the project that weighs over 1.3 million euros. At least according to a letter from the Regional Center for Cultural Heritage in Pristina and an extract from the map of the protective zone of the Historical Center of the capital, this street enters areas where infrastructure is not operated without consent from the IKMM.