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Established in 2006 as a Community of Reality

Welcome to the Neno's Place!

Neno's Place Established in 2006 as a Community of Reality


Neno

I can be reached by phone or text 8am-7pm cst 972-768-9772 or, once joining the board I can be reached by a (PM) Private Message.

Established in 2006 as a Community of Reality

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Established in 2006 as a Community of Reality

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    Have Iraqi laws combated desertification and encroachment on the environment?.. Here is the answer f

    Rocky
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    Have Iraqi laws combated desertification and encroachment on the environment?.. Here is the answer f Empty Have Iraqi laws combated desertification and encroachment on the environment?.. Here is the answer f

    Post by Rocky Wed 26 Jul 2023, 7:34 am

    [size=35][size=35]Have Iraqi laws combated desertification and encroachment on the environment?.. Here is the answer from judges and specialists[/size]
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    2023-07-26 | 07:55
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    Alsumaria News - Local

    The world is going through a severe drought and desertification crisis, which has caused major climatic and environmental changes, and Iraq is in the heart of this storm due to the low levels of water in the Tigris and Euphrates rivers, and the large number of encroachments on them on the one hand, and the lack of green belts as a result of the attacks and bulldozing that affects agricultural lands and public parks on the other hand.


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    Penal judges believe that Iraqi laws and legislation are sufficient to protect the environment in the matter of violations, as these laws carry deterrent instructions and penalties for transgressors, even if they need to be amended. However, they criticized the lack of follow-up by the administrative units responsible for the environmental file because they neglected to submit complaints and lack of control over public funds.



    The United Nations ranks Iraq among the five countries most affected by climate change in the world, while local reports indicate that the percentage of desertification in the country has reached about 70%, due to the lack of water supplies.

    The deputy head of Babel Appeal, Judge Imad al-Fatlawi, says, "There are very few cases of water abuse and environmental tampering, such as logging, and it is not commensurate with the size of the actual violations, as the lawsuits that have been filed in the courts in Babel Governorate, for example, regarding environmental abuses, do not exceed the fingers of one hand during the past five years," according to the Judiciary newspaper.

    Al-Fatlawi added, "The small number of lawsuits, along with the size of the existing violations, indicates that there is administrative and oversight laxity in the relevant ministries, such as the Ministry of Agriculture, Municipalities, and Water Resources and their departments."
    He continued, "The legal departments and divisions in the state's departments and institutions are obligated to file complaints against violators. Article 48 of the Code of Criminal Procedure obligates those assigned to a public service to report crimes, and whoever neglects to report a crime will subject himself to punishment in accordance with Article 247 of the Penal Code," stressing the need for "citizens to also enjoy the culture of filing complaints against abuses and assaults on the environment."

    He stressed "the need for regulatory and legislative restrictions to protect the environment, so cutting down trees on roads and public parks must be subject to the supervision of environmental departments," noting that "Decision No. 269 of 1990 punished in its first article, Paragraph 2, (causing vandalism or damage to gardens or public parks, or plantations or trees located on both sides of public roads or in the middle of them)."

    Regarding water, he affirms that "what is related to this file is governed by international agreements and local laws have no room for interference," but he believes that "Iraq has historical rights to the Tigris and Euphrates rivers, and this cutting is illegal under international agreements because it affects human life and nature."

    Official and popular warnings increased, of the danger of continuing to lower the levels of the Tigris and Euphrates rivers, and workshops and meetings were held, in an attempt to find effective solutions that would end the specter of drought that affected the two historical rivers.

    Social media circulated disastrous images of the state of the two rivers, as the bottom of each was clear on the banks in the southern governorates.

    For his part, in response to a question about encroaching on agricultural land and converting it into informal neighborhoods and dwellings, Judge Habib Ibrahim Hamada says, "Agrarian reform laws, such as Law No. 51 of 1959, granted farmers the right to establish one farmer's house on agricultural land, and the land remains agricultural, as the state can at least terminate the contract with the farmer. Most of these lands are contracts, and the administrative authorities have the power to terminate them."
    Ibrahim, who is the deputy head of appeals, added that "these legislations prohibited the use of these lands for other than agriculture, but did not provide a criminal penalty for violators," believing that "the solution to reduce this phenomenon - from his point of view - is to apply Article 240 of the Iraqi Penal Code, and even this article has a small penalty and does not commensurate with the magnitude of the danger caused by some of these violations and crimes and their impact on the environment and climate."

    This article stipulates that whoever violates orders issued by an employee or assigned to a public service, municipal councils, or an official or semi-official body within their legal powers, or does not comply with the orders of any of the aforementioned bodies issued within those authorities, shall be punished with imprisonment for a period not exceeding six months or a fine.

    Al-Qadi believes that "Iraqi legislation and laws that deal with environmental protection are many and sufficient for this purpose, as they must be applied in their correct form so that we can reduce these phenomena that affect the climate and the environment."

    Ibrahim pointed out that "among the laws that dealt with this file are the Environment Protection and Improvement Law No. 27 of 2007, the Forests and Trees Law No. 30 of 2009, the Irrigation Law, the Natural Pastures Law, and others."

    The phenomenon of slums and illegal construction on agricultural lands has spread widely, as large cities and shops have been built, and these agricultural lands have been converted into residential neighborhoods, although this requires works and urban studies in terms of providing services that affect people’s lives, such as electricity, water, sewage, and transportation roads.

    Previously, Judge Kazem Al-Zaidi mentioned that the phenomenon of indiscriminate construction in agricultural lands needs to be reviewed by the Iraqi legislator in issuing legal legislation and other measures that lead to stopping the phenomenon of transgression and finding out the real causes of it.
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