Legal personality for the Oder River – a breakthrough in river protection or a misguided idea?

It sounds like fiction, but it’s a viable legislative proposal that could transform the way Polish rivers are managed. Giving the Oder River legal personality would allow the river to assert its rights in court, demand compensation for pollution and defend itself more effectively against degradation. The idea, which already works in Spain, Canada and New Zealand, now has a chance to become a reality in Poland as well.

Is the Polish legal system ready for this? What effects would it have on industry and the economy? And would the public support the idea? Tatiana Staroń, a member of the legislative initiative committee and president of the Oder Person Foundation, was interviewed by Agnieszka Hobot about this.

Agnieszka Hobot: Giving the Oder River legal personality is a concept that goes beyond the standard approach to environmental protection. We all know that it is not the only Polish river that faces serious environmental problems. So what made it, a transboundary river, the subject of this initiative?

Tatiana Staroń: Although the Oder River is a border river, it was not this aspect that determined the choice. What was crucial was how it is exploited and the fact that the idea to give it legal personality was born after the environmental disaster of 2022. That’s when there was a massive die-off of aquatic organisms, which drastically disrupted the river’s ecosystem.

At the time, there was great helplessness – there was no effective response from the government. It was in this context that a grassroots initiative was born, started by Robert Rient – a journalist, writer and columnist. A group of people gathered around him, and the idea of a legal personality for the Oder River quickly began to gain support among scientists, lawyers and environmental circles. In 2022. The Great March for the Oder was organized and began in the Czech Republic. It was from there, together with Czech activists, that we walked across the border, hearing expressions of support from residents of riverside towns. We were accompanied by a strong awareness that the Oder is not just a Polish river – it is an ecosystem that crosses administrative borders. Later we organized Flows for the Oder, an event that brought scientists, artists and activists together in an educational and symbolic gesture to protect the river.

Our work stems from the Movement for the Rights of Nature, which seeks to change the perception of rivers, forests or lakes as objects of protection and give them legal subjectivity. This is a model that works around the world, and we want our river to be a beneficiary of such solutions as well.

After all, the Oder is one of the most economically transformed rivers in Poland. Its ecosystem is under tremendous pressure, making it a symbol of the country’s water management problems.

On January 27, 2025. The Provincial Administrative Court in Warsaw overturned the decisions of the GDOŚ and RDOŚ in Szczecin regarding environmental conditions for the project involving modernization works on the border Oder River as part of the Flood Protection Project in the Oder and Vistula River Basins. The court found that there was a violation of procedural regulations in issuing these decisions, which had a significant impact on the outcome of the case.

As a result, work carried out by the State Water Company, including the construction of spurs on the Oder River, was deemed illegal, as it was carried out without the required environmental impact assessment. Meanwhile – instead of implementing effective regulations – dozens of wastewater discharge permits were issued after the Oder disaster. The Polish Mining Group received permission to discharge as much as 6,000^{m3 of} brine into the Oder River per day.

After the disaster, the government signed a contract worth 250 million zlotys for monitoring rivers and lakes – meaning it has the money! Today that contract is gone – it has been broken, the prosecutor’s office has opened an investigation, and the money is gone. So there is neither effective regulation nor reliable monitoring. Our legislative initiative – a response to this crisis – shows that the current law is not working and that we need real tools to protect rivers.

A. H.: Given the cross-border nature of the Oder River, has the German side been informed about this initiative? Have contacts been made with German organizations or government institutions?

T. S.: We came up with this information about two years ago, including at Viadrina University in Frankfurt and at the Train to Culture on the Berlin-Wrocław route. So the German side knows about our activities, but we are not cooperating in any way. We operate within the framework of Polish law, on Polish soil. As for the German government, there is no formal agreement at the moment.

We would first like to regulate the legal issues in Poland, and then, if necessary, involve the German side in the Oder. As for transboundary cooperation, the International Commission for the Protection of the Oder River against Pollution was already established in 1996, and we do not believe that major changes are needed in this regard. On the other hand, it should be emphasized that the Oder River basin is 86 percent within Poland, and it is in our country that there is still no efficient monitoring. Moreover, the level of pollution, particularly related to salinity and the resulting risk of another disaster, is still very high.

The IMGW alerted on February 20 that we are experiencing the worst hydrological drought in 10 years – we have very low water levels in rivers and need decisive action to protect them. We are convinced that with the introduction of a new model for the protection of the Oder River, we will be able to solve the current, well-diagnosed problems, and this will contribute to an increase in water quality within 8 percent of the basin in Germany or 6 percent of the basin in the Czech Republic. We can’t wait to implement changes, because without concrete action the next disaster is only a matter of time.

A. H.: According to Oder’s law, a 15-member committee is to represent Oder. What will be the criteria for selecting members and who will be responsible for appointing them? Is there a specific length of term foreseen, and if so, on what basis will members rotate?

T. S.: In preparing the bill, we focused primarily on legal changes regarding the status of the Oder River itself. It was crucial to shift responsibility for the river from under the Ministry of Infrastructure (where it is treated as a transportation route) to the Ministry of Climate and Environment, in order to recognize it first and foremost as a natural resource in need of protection.

As for the Committee Representing the Rights of the Oder River, we modeled ourselves on similar initiatives in Canada and Spain, where rivers and the Mar Menor lagoon have been given legal personalities. In doing so, we collaborated with, among others, Dr. Stanislaw Kordasiewicz and Prof. Jerzy Bieluk of the University of Bialystok, and the founder of the International Observatory for the Rights of Nature and UN expert Dr. Yenna Vega Cárdenas, who played a key role in giving legal personality to the Magpie River.

At this stage, we do not yet have a final model for the tenure of Committee members – we leave this for debate during the development of the law. The draft stipulates that the details of operation, including the term of office or the rules for replenishing the membership in the event of the resignation of one of the persons, will be determined by the statute and the rules of procedure of the Committee. On the other hand, we have precisely indicated the structure and the groups whose representatives will make up Oder’s representation. The 15-member Committee would include:

• A representative of the Ministry responsible for the environment (which would mean a change in oversight of the Oder River);
• Representatives of the State Water Management Company Wody Polskie;
• Representatives of municipal governments located on the Oder River – designated in accordance with their own regulations;
• Representatives of key groups of river users, such as local communities, farmers, anglers or people from the recreation and tourism sector;
• Members of social organizations dedicated to protecting the river;
• representatives of the initiators of the project, i.e. individuals and organizations that have environmental protection activities in their charters.

We did not impose a strict framework on tenure in the draft, as we want this aspect to be discussed more extensively during further work on the law. It was crucial for us to ensure a balance between public institutions and community initiatives for the protection of the Oder River. We hope that detailed rules for the selection of members and mechanisms for their rotation will be worked out as part of the parliamentary debate and public consultations.

A. H.: Multi-member bodies often face difficulties in reaching consensus. What if the Committee members do not agree on the decisions to be made? Are mechanisms provided for resolving disputes and ensuring continuity?

T. S.: We envision this Committee as a body working in close cooperation with the Scientific Committee, which would act as an expert resource. It would be the one that would provide substantive arguments and analysis to help make decisions on the protection of the Oder River.

A key goal of the Oder Rights Representation Committee is to protect the river from degradation – both in the context of uncontrolled regulatory investments and industrial discharges such as brine. We want decisions to be based on dialogue (both within the Committee itself and in conversation with the public), while at the same time being firmly grounded in legislation and scientific research. Therefore, we aim to create a mechanism to develop a common position between the Oder Rights Representation Committee and the Scientific Committee.

We see the multiple perspectives in looking at the Oder River as an advantage. It is important to us that different voices can be heard, because this is what is currently lacking, especially when it comes to the opinions of local communities, NGOs or recommendations from the world of science, which are too often ignored. We believe that for the protection of such a large river as the Oder, a 15-member Committee of Representatives is not at all too large, and very similar solutions exist for the protection of the Mar Menor lagoon, for example.

A. H.: So it would be the Scientific Committee that would have the function of adjudicating in contentious situations?

T. S.: In a sense, yes. The Scientific Committee we plan to establish would work closely with state authorities, local government units, social organizations and other entities involved in the Oder River, and would give objective opinions and recommendations. This would avoid arbitrary decisions. The idea is to strike a balance between protecting the Oder and economic development. The priority is the river’s ecosystem, but we must also take into account socio-economic needs.

I make no secret of the fact that the idea of giving legal personality to the Oder River is revolutionary. It is a new paradigm – a change in thinking about the river as an economic resource in favor of treating it as an entity whose rights should be respected. The solutions used in other countries are a model for us, but we realize that the law alone is not enough. What is still needed is a change in awareness – both among politicians and officials, as well as in society.

That’s why we have established the Person Oder Foundation, which aims to educate and build environmental awareness. We want to engage policymakers, scientists and local communities in a broad dialogue on river protection. We are also aware that in similar cases around the world it has happened that after granting legal personality to an ecosystem, realistically nothing has changed, because there has been a lack of political will to implement effective mechanisms to enforce these rights.

A. H.: This means that the key will be both the provisions of the law itself and their application in practice.

T. S.: That’s right, that’s why it’s so important that all mechanisms – including the Committee’s tenure, decision-making procedures and ways to settle disputes – be worked out in detail. At this stage, we are aware that certain issues require further analysis, but it is crucial that the foundations of this initiative are strong and guarantee effective protection of the Oder River.

A.H.: After the environmental catastrophe, the topic of the impact of the mines on the state of the Oder River has been repeatedly raised by environmental organizations, but so far no concrete legal solutions have been presented. Will the granting of legal personality to the Oder River actually affect the operations of the mines? What real legal consequences could this have for the mining industry?

T.S.: In my opinion – yes. And in a significant way. The law envisages not only the protection of the Oder River, but also the introduction of mandatory monitoring of the state of the waters and the guarantee of funds for this purpose. The use of the Oder’s resources for economic purposes will be permitted only on the basis of agreements concluded by the Committee of Representatives with an economic entity, and the parameters of this agreement will be consulted with the Scientific Committee. This will give us a chance to act in advance – prevention is better than cure when it comes to conservation.

In addition, a key element is the role of the Committee Representing the Rights of the Oder River, which will be able to appear before the courts and authorities in the event of violations, demanding either that the river be restored to its pre-damage state or that appropriate financial penalties be imposed on the guilty party. Appropriate, that is, those that will restore the ecosystem to its pre-damage state. The valuation will come from the Scientific Committee, but we are talking about amounts that will very clearly motivate various entities to implement effective mechanisms to protect the river.

Current penalties are symbolic – for example, the fee for discharging brine into the Oder River is just 5 gr per liter. It is not difficult to imagine that this is a completely negligible cost for mines, which in no way stops them from further polluting the river. Only the conclusion of individual agreements with the Oder Rep, effective, modern and continuous monitoring of water quality, as well as real financial sanctions in the event of violations of the Oder’s rights, adequate to the damage caused, can change the situation and force the mining industry to comply with environmental standards.

Another key issue is the lack of investment in water conservation infrastructure. Municipalities along the Oder River lack the resources to build treatment plants, which means that the degradation of the ecosystem continues. Climate change is further exacerbating the problem – higher temperatures are encouraging toxic golden algae blooms, which was one of the causes of the 2022 environmental disaster.

The situation is monitored by various organizations, but the problem is that the results of the research do not translate into concrete actions. We know what harms the river, we know the sources of pollution, and yet there are no effective mechanisms for their elimination. That’s why granting legal personality to the Oder River is not just a symbolic gesture – it is aimed at creating real tools to protect the river and enforce responsibility.

A.H.: Assuming that the river is given the opportunity to assert its rights and potential compensation for environmental damage – who will decide how to use these funds? A committee?

T.S.: This is exactly our idea – that the funds obtained from fines and compensation should be used directly for activities related to the protection of the Oder River. Currently, there is no effective system in place to allocate these funds for real remediation activities.

To change this, it is crucial to transfer oversight of the Oder River from the Ministry of Infrastructure to the Ministry of Climate and Environment. As long as the river is treated as a waterway under the Ministry of Transportation, any fees and fines associated with its operation are not allocated to its protection. At best, these funds feed the state budget instead of being invested in improving water quality or restoring the ecosystem.

A.H.: So, even if environmental penalties are awarded, there is currently no mechanism to use them for the benefit of the Oder River?

T.S.: That’s exactly right. During a meeting at one of the universities, I spoke with a representative of the Regional Directorate for Environmental Protection, who confirmed that even if a fine is imposed for water pollution, there are no legal tools to use these funds for specific corrective measures for the river.

Currently, huge sums of money are being spent, for example, on restocking the Oder River, despite the fact that the ecosystem is in such bad shape that fish are unable to survive in it. This is a classic example of mismanaged funds – instead of investing in improving water quality and habitat restoration, money is spent on activities that have no real effect.

A.H.: The idea of giving a river legal personality is a concept that has already been implemented in several countries, but it still raises controversies and doubts. What do you see as the real chances of pushing this law through in the Polish legal system? Is there political and social readiness for such a revolutionary approach to environmental protection?

T.S.: If legal personality is granted to companies, foundations or associations, why not grant it to the elements of nature, in particular Oder? The concept of legal personality itself is very well known and can hardly be considered revolutionary – the only novelty is the recognition that the Oder would be able to appear before the courts in case of violation of its rights in the same way as all other legal entities can. Perhaps I am locked in a certain bubble – I work in academia every day, surrounded by people for whom the rights of nature are important and who understand the need to protect them.

However, I can clearly see that environmental awareness is growing in Poland. Since Spain, Canada or New Zealand have managed to introduce similar solutions, I believe it is possible in our country as well. Worldwide, more than 500 entities – rivers, lakes and even ecosystems – are currently in the process of becoming legal entities. This shows that the movement for the rights of nature is not a temporary idea, but a global trend.

We are talking to scientists, academics, environmental organizations, anglers and residents of the riverside area. It is these people – who live by the river and know its problems – who are becoming increasingly involved in our initiative. Yesterday at Jagiellonian University, during a meeting as part of the course Challenges for Democracy in the Era of Climate Change, conducted by Professor Katarzyna Jasikowska at the Institute of Sociology, strong words were spoken: Enough talking, enough making declarations. It’s time to act.

A.H.: And what is the situation at the political level? Do you see interest from policy makers?

T.S.: Initially, politicians kept at arm’s length – which is typical for innovative and potentially controversial projects. Now, however, we are seeing growing interest. More and more people from different political options are inquiring, analyzing our proposals, and we are answering specific questions. Of course, there are groupings that see this initiative as an opportunity to build their own image, but our goal is not to belong to any political party. We depend on broad support and substantive discussion, because without the involvement of decision-makers the bill simply will not pass.

The facts are clear – the Oder is in critical condition. Yesterday I heard that the Vistula receives even more brine than the Oder, but the Vistula – as a more naturally flowing river – can handle it due to better oxygenation. The Oder, as a result of regulation and dredging, does not have such self-purification abilities and therefore its ecosystem is collapsing. This is concrete data, not emotion.

A.H.: But since it is emotions that often mobilize the public to action, is a fact-based strategy enough?

T.S.: That’s why we are working on two tracks. On the one hand – strong legal foundations, expert analysis and specific solutions written into the bill. On the other – building public awareness. This is not about cheap rhetoric, but about real stories of people who have seen the dying river with their own eyes.

It’s not just a matter of one law – it’s a change in our approach to how we treat rivers, forests, ecosystems. The academic community is already getting involved – an open letter in support of this initiative is being prepared. The more people understand that the Oder River needs protection, the more pressure there will be on politicians to take real action. I hope that when the bill goes to procedure, public support will already be so strong that it cannot be ignored.

A.H.: The deadline for collecting 100,000 signatures for the legislative initiative is April 30. How can the project be supported?

T.S.: First of all, I encourage you to go to www.ustawa.osobaodra.pl. There you will find the full text of the bill and its explanatory memorandum, which clears up any doubts and presents specific arguments.

The signature can be made in several ways:

1. print the list of support and send the signed document

• All you need to do is download the list of support from the website, print it out and fill it in legibly with your information.
• The completed list should be put in an envelope and sent to the address of the Legislative Initiative Committee in Stanislawow.
• The deadline for submitting signatures is April 17, so that all letters will arrive in time.

2. signing at one of the collection points

• We already have hundreds of places across the country where people can sign support letters – including cafes, bookstores, libraries, universities and other partner outlets.
• A full list of locations can be found on our website under Signature Collection Points.

3. signing at events and concerts

• A number of artists are involved in the campaign, enabling signatures at their concerts.
• Admission for volunteers to selected concerts is free – a full list of events is available on the website.

4. becoming a volunteer for the campaign

• Already more than 700 people are actively collecting signatures, but it’s still not enough – we need more support!
• To join, all one has to do is go to the site, watch a short training on RODO and complete a seven-point test. Then the willing party receives a set of documents needed to collect signatures.
• Each volunteer receives materials, as well as access to a support group where we exchange experiences and help each other.

If each person involved collected even 100-200 signatures, we could achieve a result similar to that achieved in Spain – and even exceed 500,000 signatures! Public involvement is huge – we are supported by both young people and seniors from Universities of the Third Age. The energy we see in this action is amazing!

On the website you can find all the necessary information and contacts for provincial coordinators. We respond to messages both on Facebook and by email – we are available to anyone who wants to join us. Thank you for your support and we invite you to take action – it is your signatures that can change the future of the Oder!