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Norwegian road authority in hot water for dumping rocks near UNESCO-listed fjord

The Norwegian Public Roads Administration will need to clear up more than 1,000 trucks worth of stones and rubble it left near the stunning UNESCO world heritage listed Nærøyfjord.

Published: 6 October 2021 10:19 CEST

Norwegian road authority in hot water for dumping rocks near UNESCO-listed fjord

Nærøyfjorden near to where the Norwegian Public Roads Administration left behind more than 11,000 cubic metres of rocks. Photo by Arian Zwegers on Flickr.

Fly-tipping and rubbish dumping are typically associated with rogue tradespeople and cowboy builders, but it’s the Norwegian Public Roads Administration that is being asked to clear some 11,250 cubic metres of rocks it left near a UNESCO listed beauty spot.

The breathtaking Nærøyfjord in Aurland municipality, south-western Norway, is a landscape conservation area meaning its protected and, therefore, the rubble shouldn’t have been left there.

“This is a blister. We will clean up after ourselves,” Stig Berg Thomassen, project manager for the road authority, told NRK.

The rocks were left behind following a project to upgrade the nearby Gudvanga tunnel.

Thomassen said the mess was left in the conservation area because it wasn’t clearly marked as off-limits.

Nærøyfjorden has been listed as a landscape conservation area since 2002, and the site was added to the UNESCO world heritage list a few years later in 2005.

READ ALSO: You can now get married at this famous Norwegian beauty spot

The municipality in Aurland has given the road authority until December 17th to clear the mess. The mayor for the municipality said the road authority would begin to clear up the remnants of its building project as soon as possible.

The stones won’t be going far, though and will only be moved around 50 to 100 metres along the road to where the conservation area ends.

Project manager Thomassen has admitted that the situation could have been avoided with better planning.

“Yes, we should have probably have done that (prepared better). The situation is as it is, so we just have to clean up. It won’t take long to move the rocks. The Stones will only be transported 50 to 100 meters,” he confessed.

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Swiss military members walk across a road carrying guns

A new lawsuit seeks to challenge Switzerland's male-only military service requirement. Is this discriminatory? FABRICE COFFRINI / AFP

All men aged between the ages of 18 and 30 are required to complete compulsory military service in Switzerland.

A lawsuit which worked its way through the Swiss courts has now ended up in the European Court of Human Rights, where the judges will decide if Switzerland’s male-only conscription requirement violates anti-discrimination rules.

Switzerland’s NZZ newspaper wrote on Monday the case has “explosive potential” and has “what it takes to cause a tremor” to a policy which was first laid out in Switzerland’s 1848 and 1874 Federal Constitutions.

What is Switzerland’s compulsory military service?

Article 59 of the Federal Constitution of Switzerland says “Every man with Swiss citizenship is liable for military service. Alternative civilian service shall be provided for by law.”

Recruits must generally do 18 weeks of boot camp (longer in some cases).

They are then required to spend several weeks in the army every year until they have completed a minimum 245 days of service.

Military service is compulsory for Swiss men aged 18 and over. Women can chose to do military service but this is rare.

What about national rather than military service?

Introduced in 1996, this is an alternative to the army, originally intended for those who objected to military service on moral grounds.

READ MORE: The Swiss army’s growing problem with civilian service

Service is longer there than in the army, from the age of 20 to 40.

This must be for 340 days in total, longer than the military service requirement.

What about foreigners and dual nationals?

Once you become a Swiss citizen and are between the ages of 18 and 30, you can expect to be conscripted.

READ MORE: Do naturalised Swiss citizens have to do military service?

In general, having another citizenship in addition to the Swiss one is not going to exempt you from military service in Switzerland.

However, there is one exception: the obligation to serve will be waved, provided you can show that you have fulfilled your military duties in your other home country.

If you are a Swiss (naturalised or not) who lives abroad, you are not required to serve in the military in Switzerland, though you can voluntarily enlist.

How do Swiss people feel about military and national service?

Generally, the obligation is viewed relatively positively, both by the general public and by those who take part in compulsory service.

While several other European countries have gotten rid of mandatory service, a 2013 referendum which attempted to abolish conscription was rejected by 73 percent of Swiss voters.

What is the court case and what does it say?

Martin D. Küng, the lawyer from the Swiss canton of Bern who has driven the case through the courts, has a personal interest in its success.

He was found unfit for service but is still required to pay an annual bill to the Swiss government, which was 1662CHF for the last year he was required to pay it.

While the 36-year-old no longer has to pay the amount – the obligation only lasts between the ages of 18 and 30 – Küng is bring the case on principle.

So far, Küng has had little success in the Swiss courts, with his appeal rejected by the cantonal administrative court and later by the Swiss Federal Supreme Court.

Previous Supreme Court cases, when hearing objections to men-only military service, said that women are less suitable for conscription due to “physiological and biological differences”.

In Küng’s case, the judges avoided this justification, saying instead that the matter was a constitutional issue.

‘No objective reason why only men have to do military service’

He has now appealed the decision to the European level.

While men have previously tried and failed when taking their case to the Supreme Court, no Swiss man has ever brought the matter to the European Court of Human Rights.

Küng told the NZZ that he considered the rule to be unjust and said the Supreme Court’s decision is based on political considerations.

“I would have expected the Federal Supreme Court to have the courage to clearly state the obvious in my case and not to decide on political grounds,” Küng said.

“There is no objective reason why only men have to do military service or pay replacement taxes. On average, women may not be as physically productive as men, but that is not a criterion for excluding them from compulsory military service.

There are quite a few men who cannot keep up with women in terms of stamina. Gender is simply the wrong demarcation criterion for deciding on compulsory service. If so, then one would have to focus on physical performance.”

Is it likely to pass?

Küng is optimistic that the Strasbourg court will find in his favour, pointing to a successful appeal by a German man who complained about a fire brigade tax, which was only imposed on men.

“This question has not yet been conclusively answered by the court” Küng said.

The impact of a decision in his favour could be considerable, with European law technically taking precedence over Swiss law.

It would set Switzerland on a collision course with the bloc, particularly given the popularity of the conscription provision.

Küng clarified that political outcomes and repercussions don’t concern him.

“My only concern is for a court to determine that the current regulation is legally wrong.”

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