One of the most common defects in the exercise of the government power in Lebanon is the non-application of the laws by the ministries concerned, and sometimes by the entire government. Also, the interpretation of some ministries or departements to explain laws and ordinances in a wrong way can lead to overcome the powers of some ministries or departements. It seems like ther is solidarity to overcome the laws and regulations to let everything pass without a real control.
This subject was manifested in two cases. These cases are characterized by ignoring the obligation of legal texts and decrees, regarding the need to provide a report from the owner of any project on the ‘’Environmental Impact Assessment’’ of this project and present it to the Ministry of Environment for approval. And this should be before starting the construction work of the project. This obligation appears in the clear provisions contained in the Environmental Protection Law No. 444 of 2002 and Decree No. 8633 of 2012 related to the assets of an environmental impact assessment.
The first case, is the starting of construction work to build the ‘’Janna’’ dam before having the final approval from the Ministry of Environment on the «Environmental Impact Assessment report” to this great project. The second case is giving a license to plant grinding and mobilize Aggregate and cement manufacturing in Zahle, also before taking the final approval from the Ministry of Environment. In these two cases, we can see clearly the overcome on the law and the decree mentioned, and on the powers of the Ministry of Environment.
The worst thing I have read a few days ago, is what was decided by the State Council in the Decree No. 105/2014 –2015, in point 2 (c) descripted by the following quote: ’’the power of the Ministry of Environment (Articles 10 and 17 of Decree 8633 applied to law Ministry 444/2002) is in giving the legal opinion, but it is not legally binding …’’
The first observation is that the law 444/2002 is the Environmental Protection Act and it is not the ministry law. It is a framework law for the protection of the environment in Lebanon, which is the legal basis of the Lebanese environmental policy in all its dimensions. The Decree 8633 is one of the most important Applied decrees in this law, because it is specialized in the ‘’Environmental Impact Assessment’’ .
The second observation is in the serious diligence, wich contained this decision of the Council of State. Regardless of the merits in the case being discussed, and details of its content, it seems a diligence on a high degree of risk for several reasons:
– First, the content of the text in the articles number 10 and 17, make the approval of the Ministry of Environment, or conditional approval, or its justified rejection, just a kind to express an opinion that is not legally binding. This is a serious diligence that drops the binding legal force of the Environmental Protection Act and the decree of the ” Environmental Impact Assessment ” .
– Second, this diligence detracts from the legal force of the Ministry of Environment, and makes it classified like a Ministry of second-class. This encourages also other ministries to do not respond to the decisions taken by the ministry of environment, especially in what concern the ‘’environmental impact assesment’’.
Third, this diligence transforms the Ministry of Environment to an incomplete Ministry in power, and to a ministry that do not stand on the same level of legal force taken by other ministries.
– Fourth, this diligence makes the Environment Ministry a ‘’legal adviser’’ , not a Ministry that is a part of the executive governance in Lebanon, while its minister says that “the power of the ministry is in giving a legal opinion, but is not legally binding. ‘’Maybe this makes the Ministry of Environment a partner ( Council of State ) to give a non-binding legal opinion for the government or its ministries.’’
It seems that the Ministry of Environment is insensitive to this tampering in its legal prerogatives, and insisting on the implementation of the provisions of the Environmental Protection Act, and the decree applied on the assets of the environmental impact assessment of projects. The new study to assess the environmental impact of the ‘’Janna’’ dam project still under development, and there is not a clear opinion from the ministry about it, whether it is an approval, conditional approval, or a justified rejection. But the Ministry of Environment is still taking time to reach a common formula that can be provided (to the Council of Ministers) to see any decision can be taken whether to continue or to stop the ‘’Janna’’ dam project.
Finally, if this diligence and legal conclusion is correct indeed, so the legal basis for the Ministry of the Environment , and all laws and decrees related to the environment in Lebanon need to be deeply modified. Because the country does not need the Ministry of environment that has an incomplete legal force.
