Egypt

International Treaties

Sustainable Development

Environmental Law

Case Studies

image

Environmental Crime Legal Framework in Egypt

    The Constitution of Egypt contains provisions for the protection of the environment.

  • According to Article 30: “The state commits to protecting fisheries, protecting and supporting fishermen, and empowering them to carry out their work without causing damages to ecosystems, in the manner organized by law.”
  • According to Article 32: “Natural resources belong to the people. The state commits to preserving such resources, to their sound exploitation, to preventing their depletion, and to take into consideration the rights of future generations to them.”
  • Article 45 reads: “The state commits to protecting its seas, beaches, lakes, waterways, groundwater, and natural reserves. It is prohibited to encroach upon, pollute, or use them in a manner that contradicts their nature. Every citizen has the right to enjoy them as regulated by law. The state also commits to the protection and development of green space in urban areas; the protection of plants, livestock and fisheries; the protection of endangered species; and the prevention of cruelty to animals. All the foregoing takes place as regulated by law.”
  • Finally, Article 46 states: “Every individual has the right to live in a healthy, sound and balanced environment. Its protection is a national duty. The state is committed to taking the necessary measures to preserve it, avoid harming it, rationally use its natural resources to ensure that sustainable development is achieved, and guarantee the rights of future generations thereto.”

  • Prior to the creation of the Egyptian Environmental Affairs Agency (EEAA) in 1982, the environmental policies in Egypt were established and implemented in various ministries, including Ministry of Health and Population (MoHP), Ministry of Agriculture and Land Reclamation (MALR), and Ministry of Water Resources and Irrigation (MWRI).

Featured Legislation

1960: Law 59 was signed, regulating the use of ionizing radiations.

1962: Law 93 was enacted to regulate the discharge of wastewater into public sewer networks.

1982: Law 48 was instituted to regulate the discharge of wastewater into the River Nile and other waterways.

1982: ​​MD 472 prohibited the hunting of all kinds of birds in the areas of el Zaranek, Sebkha, Bardawil, Saint Catherine and the Tiran inland. The legislation also prohibited bird hunting, fishing and the removal of coral reefs in areas located on the Gulf of Aqaba between Taba and Ras Mohamed.

1983: PD 284 established the Cairo and Giza Beautification and Cleaning Authorities; their mandates included the collection and disposal of garbage and solid waste

1990: Decree No. 27 of 1990 (concerning the baselines of the maritime areas of Egypt) was tabled. This Decree is composed of 4 articles. The maritime zone coming under the sovereignty and rule of the Arab Republic of Egypt, including its territorial sea, shall be measured from the straight baselines connecting all the points defined by the coordinates referred to in article 2 (art. 1). The coordinates are: in the Mediterranean Sea, as in annex 1; and in the Red Sea, as in annex 2 (art. 2). The coordinates referred to in article 2 shal be published in accordance with the rules customarily followed in this regard and shall be notified to the Secretary-General of the United Nations (art. 3).

1991: Decree 5 was promulgated, prohibiting the disposal of waste in regional waters, the Egyptian ports and waterways.

1994: Law 4 (the Protection of the Environment Law) was passed, empowering the Egyptian Environmental Affairs Agency (EEAA) to coordinate among relevant legislative bodies and draft and implement comprehensive environmental policies. Law 4 and its executive regulations (1995) defined the roles and responsibilities of EEAA in order to avoid a conflict with existing laws. The law addressed the following:

  • Regulation of air pollution
  • Control of hazardous substances
  • Management of hazardous waste and control of discharges to marine waters

1996: Law 874 was introduced to prohibit the use, import, handling and preparation of potential carcinogenic pesticides.

1997: A Minister was appointed to the Ministry of State for Environmental Affairs (MESA), and EEAA was placed under the MESA.

2002: The EEAA developed its five year action plan, which includes the following

  • Integrated solid waste management programs (in all governorates of Egypt)
  • Protecting the River Nile and Water Resources
  • Improving Air Quality of Greater Cairo (Reduce concentrations of dust and lead)
  • Environmental Education, Training and Awareness (Increase public awareness of environmental problems and develop human)
  • Nature Conservatio2006:
    Resolution No. 489 of 2006 (on the transportation and trade of birds in Egypt)
    was unveiled. This Resolution aims at the protection of public health and of
    animals against bird flu. The present Resolution is composed of 4 articles.
    Article 1 prohibits the transportation of one day old chickens and eggs without
    a previous authorization. Article 2 provides sanitary requirements for the
    transportation of living birds between the provinces of Egypt. Article 3
    specifies the conditions for transporting breeding birds between the provinces
    of Egypt.

  • Capacity Development of EEAA
  • Environmental Inspection

2006: Resolution No. 489 of 2006 (on the transportation and trade of birds in Egypt) was unveiled. This Resolution aims at the protection of public health and of animals against bird flu. The present Resolution is composed of 4 articles. Article 1 prohibits the transportation of one day old chickens and eggs without a previous authorization. Article 2 provides sanitary requirements for the transportation of living birds between the provinces of Egypt. Article 3 specifies the conditions for transporting breeding birds between the provinces of Egypt.

2014: Law No.198 was implemented. This Law consisting of 44 articles aims at regulating search and exploitation operations for the raw materials of mines, quarries and salt pans. The Law is also applied to agreements of minerals and its exploitation. All the related licenses issued prior to this Law remain valid and license fees shall be adjusted. The Law provides for two main categories of mining licenses, that is, for (i) exploration; and (ii) production operations. An exploration license is granted for performing general survey, exploration and feasibility studies within the licensed area. A production operation license is granted for performing mining, construction, processing, and refining operations. Concerned body to run and manage the activity of mineral wealth in Egypt is the Egyptian Mineral Resources Authority (EMRA) which main tasks are: (i) Organization of the search and exploitation operations of ore mines and control over those operations, (ii) Technical supervision; (iii) Approval for issuing the licenses for mines (the license of search in mines is issued by the decision of the Minister or the Governor with the approval of the competent Authority); (iv) Conducting research and exploitation; (v) Suggesting areas of research and mining exploitation after the approval of the minister or the competent governor. The concerned Province is the managerial institution specialized in managing the quarries and salt pans located in its area and under the technical supervision of the Institution. The duration of the search license is two years, renewable for one period only, while the duration of the exploitation license is maximum of fifteen years and may be extended for five years.

Featured Case Studies: Transnational Environmental Crime, Human Security, and Biosecurity

  • Birdlife International’s recent report reveals that approximately 25 million birds are killed every year during their regular crossing of the Mediterranean Sea. In Egypt, the hunting of migratory birds is common, culminating in recent years in the widespread use of illegal calling devices, netting and gluing practices for trapping iconic species of birds. According to BirdLife International, birds are taken for use as pets or display (37 per cent of all bird species), or hunted for food (14 per cent) and sport (4 percent). Some species are viewed as a delicacy such as songbirds, including finches, pipits and larks which are sold in local markets or smuggled abroad either alive or dead. The drivers of these “Bird crimes” in Egypt, according to Nature Conservation Egypt (NCE), include poverty: bird hunting represents an important source of revenue and livelihood for some coastal communities. In fact, poorer communities are highly dependent on bird hunting as an income supplement and source of protein. There are also socio-cultural dimensions to consider: bird hunting is a long-established cultural activity in Egypt and hunters have acquired knowledge of migratory birds over many years. Hunting of birds, is it suggested, is also critical to the identity of certain communities and any changes to this activity could have more serious cultural impacts.
  • An Intergovernmental Task Force on Illegal Killing, Taking and Trade of Migratory Birds in the Mediterranean (MIKT) has been established in Cairo, Egypt. MIKT prepares for upcoming migration seasons in an attempt to save birds migrating over the Mediterranean between August and November. Specifically, MIKT will coordinate better surveillance and allocate more rangers at the hotspots on the coast, ensuring stricter enforcement measures against illegal activities. What is more, a monitoring protocol will be developed to measure the trends of the illegal killing of birds, as well as measures to raise awareness among local communities and the general public. Such initiatives will be packaged in a Programme of Work (POW) that will be the Task Force’s roadmap for the period up to 2020. Most importantly, a participatory approach will look for the integration of the hunters as part of the solution to the problem.

References and Further Reading

Contacts

Ministry of Environment Egyptian Environmental Affairs Agency: eeaa@eeaa.gov.eg