On November 23, 2024, the 14th Local Rights of Nature Tribunal convened an online public hearing to address the severe environmental and social threats posed by gold mining activities in Homolje, Serbia. This biodiversity-rich region in the Carpathian Mountains is under imminent threat from proposed mining projects by Canadian company Dundee Precious Metals (DPM). The Tribunal brought together local activists, legal experts, and environmental defenders to shed light on violations of the Rights of Nature and amplify calls for environmental justice.

A Region in Peril

Homolje, a jewel of Serbia’s natural heritage, is one of Europe’s last remaining untouched wildernesses. This remarkable region is home to over 140 protected species, including the Eurasian lynx, golden eagle, stone cray fish, and more than 20 highly endangered bat species. Its pristine rivers and rich ecosystems are vital to all local living communities and the broader ecological balance of Europe.

Despite its ecological and cultural significance, Homolje is under severe threat. Since 2021, Dundee Precious Metals has sought to exploit the area for gold mining, potentially employing cyanide extraction methods. These operations pose grave risks of deforestation, habitat destruction, and water contamination, endangering the environment and the livelihoods of those who call Homolje home.

Testimonies from the Frontlines

The Tribunal heard compelling testimonies underscoring the ecological and legal stakes in Homolje.

The case was presented by Zoe Lujic, a Rights of Nature activist and founder of Earth Thrive and the Balkan Centre for the Rights of Nature, who also served as the initiator and organizer of the Tribunal. Lujic opened by emphasizing what was at stake: the rich biodiversity of Homolje and the catastrophic threat posed by gold mining in the region. She highlighted the blatant violations of the rights of living beings—to exist, thrive, and evolve naturally—and urged the Judges to deliver a verdict in favor of life and against the potential ecocide.

The presentation concluded with a poetic homage to Homolje. A video expression of the Homolje Poem, artistically crafted by Mirko Nikolic—a fellow member of Earth Thrive, the Balkan Centre for the Rights of Nature, and the Group on Green Extractivism in the Balkans—brought the case presentation to a poignant close.

Ksenija Kolerović, a history teacher and activist with the NGO Army of Mlava River, warned of irreversible damage to vital waterways, including the Mlava River—a natural monument and crucial tributary to the Danube. “Homolje is not for sale,” she declared, emphasizing the need to protect the region’s biodiversity and natural heritage.

Biologist Marko Šćiban provided a scientific perspective, describing Homolje as a biodiversity hotspot. This area hosts dozens of undiscovered species and serves as a critical ecological corridor,” he stated, adding that mining would inflict permanent damage on its unique ecosystems, threatening organic agriculture, ecotourism, and global biodiversity research.

Luka Djordjević, a Serbian legal expert, critiqued the country’s mining laws, calling them “the best for miners but the worst for Nature.” He detailed systemic corruption, secrecy, and the exclusion of local voices from decision-making processes. “Contracts and projects are kept secret from the public, leaving citizens unaware and unable to exercise their rights,” Djordjević revealed. 

The Tribunal also featured international perspectives, such as Ecuadorian civil engineer Paola Ortiz, who shared lessons from her fight against Dundee mining in the Quimsacocha wetlands. She highlighted the parallels between Serbia and Ecuador, emphasizing the need for global solidarity in protecting ecosystems and upholding the Rights of Nature.

Sue Willman, a leading environmental lawyer and Assistant Director and Lecturer at King’s College Legal Clinic for Human Rights and Environment in London emphasized the broader implications of this case, noting its alignment with emerging global frameworks on environmental accountability. “This hearing is a crucial step toward establishing ecocide as a prosecutable crime under international law,” Willman stated. 

A Call for Action

The growing global concern about the environmental destruction in the Homolje region has reached a critical juncture, with the Bern Convention now reviewing the case. This review underscores the need for immediate intervention to protect one of Europe’s last pristine ecosystems.

After hearing the evidence presented by the witnesses of deforestation, water contamination, and destruction of critical habitats, including the Eurasian lynx, the Tribunal judges expressed their grave concern over the systemic violations tied to Dundee Precious Metals’ mining operations, as well as over the lack of official data on the environmental impact of the over 1,500 exploratory holes already drilled and the threats faced by journalists and environmental defenders attempting to expose the situation.

Judge Francesco Martone pointed the responsibility to DPM, which, “while being fully aware of the potentially detrimental consequences of its activities, has continued to expand its exploration in the Homolje region, generating substantial impact on Nature and its rights. Such behavior results in widespread violations of international conventions for which Serbia is a signatory, such as the Carpathian Convention, the Bern Convention, the Bonn Convention, the Danube River Convention, and the Harvest Convention.”

Tribunal Judge Damien Short highlighted the significant environmental harm caused by the mining activities in the region, which, drawing from extensive research, he found “are a prima facie case of ecocide.” The judge argued that the cumulative impact of past, current, and planned activities must be considered as a whole, advocating for a precautionary approach of “do no further harm” moving forward, and called for remedial restoration orders for the affected ecosystems “to recover as much as possible.”

Tribunal President and judge Ute Koczy echoed these calls, expressing deep concern about the ongoing environmental destruction caused by mining activities, and stressing that the Serbian government is responsible for preventing further harm, urging for all exploration activities and concession agreements for the exploitation of gold deposits in the Homolje region to be brought to an indefinite halt: “This Tribunal finds the Serbian government and DPM guilty of directly or indirectly contributing to the violation of the Rights of Nature, and thus immediate ecological restoration is critical.”

The tribunal has also called for greater transparency, urging the Serbian government to disclose all relevant environmental data and cease obstructing public participation. As the case progresses, the Tribunal will submit a formal complaint to the Council of Europe and issue a final ruling in March 2025 in Toronto.

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