In order to improve the understanding of the environmental quality in Lebanon and its implications for the Lebanese population, this assignment aimed at updating the review of Lebanon’s legislation pertaining to the Coastal and Marine environment. The legal review was based on the Strengthening the Environmental Legislation Development and Application System in Lebanon (SELDAS) outcomes, relevant Multilateral Environment Agreement (MEAs) reports and regional policies related to Coastal and Marine Sensitive Areas and their management and monitoring in Lebanon and the wider Mediterranean”.
Important changes have occurred since the latest legal assessments within the context of environmental management and more specifically legislation related to the coastal zone: SELDAS in 2004 and Integrated Management of East Mediterranean Coastlines (IMAC) Legal Study in 2007. This assignment assessed the changes with respect to the following chapters:
Part 1. Assessment of Lebanon’s institutional framework;
Part 2. Latest legal activities;
Part 3. Thematic study of all domestic rules of relevance;
Part 4. Review of the administrative and legal status of existing Marine Reserves and the different actors involved in their management, control and utilization, and implications within the existing legal framework; and
Part 5. Assessment of the sources and reasons of Lebanon’s non-compliance with ratified international conventions and proposes specific recommendations.
At the institutional level (Part I), it was clear that the role of MOE has to be further defined. It was also demonstrated that there are overlaps in mandates and jurisdiction between ministries concerned with coastal zone management issues. It concluded that there is a need for binding and mandatory cooperation mechanisms that compel all ministries and other concerned bodies to work together irrespective of the political affiliation of the individuals leading them.
At the legal level (Part II), the assessment showed a noticeable improvement in the legal framework, especially the draft laws proposed by the MOE and others that have been issued. If properly enforced, the new as well as existing laws are capable of improving the environmental situation in Lebanon and protect the coastal zone and its resources. However, Lebanon still needs to ratify certain conventions, protocols and agreements, fill the gaps and deficiencies in existing rules and regulations, issue new rules, issue the application decrees for law n°444/2002, Parliament to vote on project laws proposed by the Government, develop a Code of the Environment unifying all environmental legislation, and develop special regulations to manage the coastal zone and protect its resources. Lebanon needs to define its coastal zone, establish setbacks not less than 100 meters from the water edge where development is prohibited, and prevent all sea-filling and sand extraction activities on and from beaches. The Government has also to ensure that the national legal instruments include criteria for sustainable use of the coastal zone.
Tools to be used for good-compliance (Part III) include the creation of an Environmental Prosecution Office, the establishment of the Environmental Police, and training of the all departments of the Security Forces for the specific tasks that are expected to be performed. Since this requires time and resources, it is highly recommended to initiate a transition period where the current Security Forces be requested to control infractions on the natural environment and on the coastal zone until the Environmental Police becomes functional.
Legal tools (Part IV) to be used are economical and institutional. Economic tools include strategic tax incentives which are very common in all nations dedicated to the conservation of their natural resources and have always yielded very good results. Institutional tools, recommend having an independent institution to control the implementation of environmental strategies. It is advisable to extend the powers of the National Council for Environment (NCE) created by lawn°444/2002, empower the MOE and all public institutions involved in ICZM, increase the salaries of public employees to attract qualified personnel and discourage existing staff from searching for better opportunities outside the public sector, in addition to fighting corruption and preventing political interference in decision making processes dedicated for environmental conservation. Recommendations for improved coordination mechanisms should also be endorsed as well as training and capacity building for public institutions. Municipalities should be given more powers and responsibilities in this respect. Accountability processes should be encouraged, especially by NGOs that have the “moral personality” and the interest to undertake legal actions towards the violators.
Future recommended steps (Part V) include awareness raising, the increased role of civil society, as well as law enforcement of existing laws and the voting of new environmental and anti-corruption laws currently in Parliament.