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[size=41]Did Iraqi laws combat desertification and encroachment on the environment?[/size]
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Baghdad / Marwan Al-Fatlawi
The world is going through a crisis of severe drought and desertification, which has caused major climatic and environmental changes. Iraq is at the center of this storm due to the low levels of water in the Tigris and Euphrates rivers, 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 It affects agricultural lands and public parks on the other hand.
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 the Babylon Appeal, Judge Imad al-Fatlawi, told the “judiciary” that “the cases of abuse of water and tampering with the environment, such as cutting down trees, are very few, and it is not commensurate with the The size of the actual violations, as the lawsuits pending before the courts in Babil Governorate, for example, regarding violations of the environment has not gone beyond the fingers of one hand during the past five years.”
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. ”
And 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 necessity that “citizens also enjoy.” the culture of filing complaints against abuses and assaults on the environment.”
And 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, public parks, 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 spread disastrous pictures 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 Hamadeh told the “judiciary” that “the agricultural 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.” The state can at least terminate the contract with the farmer, as most of these lands are contracts, and the administrative authorities have the authority to terminate them.
Ibrahim, who is the deputy head of appeals, added that “these legislations prohibited the use of these lands for purposes other than agriculture, but they did not stipulate 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 carries a small penalty and is 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 the 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 Woodlands 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.
According to a previous article published by the “Judiciary,” Judge Kazem al-Zaidi stated that the phenomenon of indiscriminate construction in agricultural lands needs to be reconsidered by the Iraqi legislature in issuing legal legislation and other measures that lead to stopping the phenomenon of transgression and identifying the real reasons for it.
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[size=41]Did Iraqi laws combat desertification and encroachment on the environment?[/size]
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No one complains about excesses
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3 minutes[/size]
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Baghdad / Marwan Al-Fatlawi
The world is going through a crisis of severe drought and desertification, which has caused major climatic and environmental changes. Iraq is at the center of this storm due to the low levels of water in the Tigris and Euphrates rivers, 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 It affects agricultural lands and public parks on the other hand.
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 the Babylon Appeal, Judge Imad al-Fatlawi, told the “judiciary” that “the cases of abuse of water and tampering with the environment, such as cutting down trees, are very few, and it is not commensurate with the The size of the actual violations, as the lawsuits pending before the courts in Babil Governorate, for example, regarding violations of the environment has not gone beyond the fingers of one hand during the past five years.”
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. ”
And 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 necessity that “citizens also enjoy.” the culture of filing complaints against abuses and assaults on the environment.”
And 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, public parks, 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 spread disastrous pictures 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 Hamadeh told the “judiciary” that “the agricultural 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.” The state can at least terminate the contract with the farmer, as most of these lands are contracts, and the administrative authorities have the authority to terminate them.
Ibrahim, who is the deputy head of appeals, added that “these legislations prohibited the use of these lands for purposes other than agriculture, but they did not stipulate 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 carries a small penalty and is 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 the 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 Woodlands 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.
According to a previous article published by the “Judiciary,” Judge Kazem al-Zaidi stated that the phenomenon of indiscriminate construction in agricultural lands needs to be reconsidered by the Iraqi legislature in issuing legal legislation and other measures that lead to stopping the phenomenon of transgression and identifying the real reasons for it.
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