Protecting the environment is not a luxury that should be put into the agenda once basic needs are met. Environmental degradation impacts our health, the quality of the food we eat, and the air we breathe. Unsustainable consumption of natural resources coupled with climate change threatens national food security. If these are not basic needs then what is?

What is the Right to a Sustainable Environment?

The right to a sustainable environment is the right of present and future generations of Egyptians to enjoy a safe and clean environment. It is the right to breathe clean air, drink safe water, and live in neighborhoods free from sewage and accumulated garbage. To guarantee this right, cities should adopt measures to protect the environment from noise, air, and water pollution. Toxic substances and waste should be regulated and disposed of properly and natural resources, including farmland and water, should be protected from overuse and exploitation. If everyone has the right to live in a clean environment, then it is our collective responsibility to protect it. Hence, the right to a sustainable environment is both a right and a responsibility.

What is the Impact of the Right to Sustainable Environment on our Everyday Life?

Ecological Deterioration

Egypt is home to diverse ecosystems and 30 natural protectorates that cover more than 15% of Egypt’s total area (MSEA), all which are susceptible to the deteriorating effects of unmonitored industrial activities, rapid population growth, overexploitation of natural resources, and ineffective implementation of environmental protection laws.

Coastal regions face severe degradation from overdevelopment, industrial waste, and unsustainable fishing practices. The ecological system of the Red Sea region is vulnerable to human exploitation and unregulated coastal construction; coral reefs and mangroves are essential in protecting shorelines from extreme weather conditions and coastline erosion, not to mention a major touristic attraction (Walker, 2013). Northern coastal regions along the Mediterranean and the Delta are experiencing coastal erosion, damage to port and city infrastructure, decreased soil moisture, increased soil salinity and decreased fisheries production as a result of industrial and urban pollution, and inadequate investments in the environmental infrastructure (MSEA, 2001).

Human activities, particularly tourism and agriculture not only impact the ecological environment, but also the species inhabiting them. Poaching is rendering some species close to extinction. For example, the Egyptian tortoise is nearing extinction as a result of poaching and being sold in local pet stores or smuggled to the international market and sold for thousands of pounds each (McGrath, 2011). Other species threatened with extinction are the Barbary sheep, dugong, gazelles, and sharks.

Desertification and Land Degradation

Desertification and land degradation are significant threats to Egypt’s arable land and consequently national food security. Desertification is the loss of fertility in arable land through losing its bodies of water and thus its ability to grow crops and vegetation. With only 3% of Egypt’s total area suitable for vegetation and increasing human needs, preventing the loss of any arable land to desertification should be a national priority. In Egypt there are several factors causing desertification, including intensive cultivation and overuse of pesticides, inefficient and poorly managed irrigation networks that distribute low quality water contributing to increased soil salinity, and seawater intrusion in coastal areas which is detrimental to harvest potential (Ministry of Agriculture & Land Reclamation et al., 2005). The salinity levels of underground water resources are increasing due to overexploitation for irrigation (MSEA, 2001). All these harmful practices are related to inadequate investment in the agriculture sector, mismanagement of resources, minimal environmental impact awareness in farmers, and poor implementation of pollution control regulations.

Urban encroachment on productive agricultural land is another human cause of desertification. Rural areas surrounding cities are rapidly being urbanized and agriculture land is lost. Almost 80% of the informal settlements were constructed over agricultural land; this trend is expected to continue for future informal developments (Sims, 2012). This is not only evident in peri-urban areas surrounding Greater Cairo, such as Dar Al Salam and Bulaq Dakror, but in other governorates such as al-Qalyūbiyya and the Delta governorates. These illegal urban extensions are a result of the scarcity of adequate housing options available to middle and low-income families. The impact of urban expansion extends to the brick industry that exploits fertile soil by skimming up to one meter of land for construction purposes (Ministry of Agriculture & Land Reclamation et al., 2005).

Management of Natural Resources

Lax enforcement of environmental regulations, mismanagement, and minimal investment in natural reserves, national parks and protectorates, leaves them susceptible to exploitation and misuse by visitors, unregulated fishing, and illegal hunting. The Ministry of State for Environmental Affairs officially manages national parks, however stakeholders such as the Ministries of Tourism and Interior also have strong interests in these resources. This complicates the management and care of these precious national resources (Viney, 2012).

Marine life is deteriorating as toxic industrial waste is dispersed in seawater and rivers, unsustainable fishing practices inadvertently catch non-target species, and unmonitored fishing in protected coastal areas continues. As a result, most bodies of water in Egypt are overexploited and fish populations are decreasing (MSEA, 2001).

Planning for Health

Egyptians suffer from a variety of health issues that are caused by the environmental abuses. The Nile, the life source of the country, is abused on a daily basis as untreated industrial and agricultural waste and sewage water, not to mention dead animals, are dumped into it. Eighty percent of industrial waste (a daily dosage of 2.5 million cubic meters) is untreated and discharged directly into the Nile, Mediterranean Sea, or sewage systems (Ayad, 2013). Much of this waste ends up in the water we use to irrigate the fruits and vegetables we eat.

Cairo’s air quality is the second worst in the world, causing respiratory and cancerous diseases, especially for those living in the urban core near large industrial plants, highways, and many medium and small industrial activities, such as mechanical workshops, charcoal producers, etc. Many of these industrial activities use old technologies that produce significant amounts of air pollution and are interwoven in the urban fabric of population-dense informal areas. The high level of air pollution is also caused by industrial pollution from unregulated toxic fumes from factories that surround most of our cities. According to a report by the Ministry of State for Environmental Affairs (MSEA) in 2011, 90% of residents who live near unregulated chemical production factories suffer from related medical conditions that range from allergies to cancer (MSEA, 2011).

According to a study conducted by the MSEA, 33% of air pollutants in Greater Cairo are produced by vehicle emissions (MSEA, 2013). These pollutants have a negative impact on our bodies’ nervous and respiratory systems, especially for those who spend long periods of time in the midst of vehicle emissions, such as traffic officers who experience high levels of lead concentrations in their blood (Anwar, 2003). Air pollutants from vehicle emissions and industrial areas do not only affect our health, but also the quality of nearby agricultural land and the crops grown absorb the toxic pollutants. In addition, residents suffer from respiratory problems associated with the yearly black cloud produced from the burning of harvested crops from peripheral and rural agricultural fields, which is estimated to cost LE 2 billion in health bills and LE 6 billion in natural-resource depletion (American University in Cairo, 2013).

Another significant contributor to health problems is improper disposal of solid waste. Egypt produces 20 million tons of solid waste annually; 45% of it is produced by Greater Cairo. Only 5% of waste produced nationwide ends up safely disposed in landfills that do not harm the environment or underground water, and 9.5% is recycled for reuse (MSEA, 2011). This means that 85.5% of our waste is either uncollected, piled in unmanaged landfills, creating a breeding ground for diseases across the city, or burned, emitting toxic chemicals into the air and eventually into our lungs (American University in Cairo, 2013). These dangers are amplified with hazardous waste. Contaminated medical waste and used needles from medical clinics around the country are not properly disposed of and end up in the same landfills as municipal waste posing a risk to public health. Similarly, toxic industrial and agricultural waste (e.g. pesticide containers) are often mixed with municipal waste and open water sources (MSEA, 2011).

Economic Cost

Tourism is one of the national economic driving forces and employs a significant portion of the workforce. Many tourist destinations are natural attractions; coastal areas, diving activities, beaches, hiking trails, etc. As such, the destruction of natural habitats that attract a large number of tourists will have a negative long-term economic impact. Instead, the eco-friendly development of natural habitats and the promotion of ecotourism could be a revenue-generating stream for the state, creating countless job opportunities, while preserving our natural heritage.

Another economic loss related to environmental degradation lies within the agriculture industry, where the lower productivity of arable land as a result of land deterioration, increased salinity and desertification will reflect in the produce available for exporting and domestic use.

The Right to a Sustainable Environment and the Egyptian Constitution

The constitution first recognized the environment in an amendment to the 1971 constitution in 2007, which added Article 59. The article stated that “safeguarding the environment is a national duty” and that measures taken should be regulated by law.

The 2012 constitution went a step further, although a small one, and added the right to “a healthy, undamaged environment” and committed the state to safeguard the nation from pollution, singling out some environment features most important to our everyday life, such as the Nile (article 19), farmlands (article 15) and natural resources (article 18). Article 20 commits the state to protect Egypt’s coasts, seas, waterways, and lakes and guarantees their maintenance and the removal of any illegal encroachments from them.

The 2014 constitution recognizes citizens’ right to a healthy environment and commits the state to its protection and using natural resources in such a way that fulfills sustainable development and ensures the rights of future generations (article 46). For the first time, the constitution includes citizens’ right to enjoy lakes, beaches, waterways and other natural protectorates and prohibits their usage in “ways that conflict with its nature” (article 45). It also commits the state to protecting endangered species and the humane treatment of animals (article 45), as well as enabling the activities of fishermen without harming the environment (article 30).

And similar to the 2012 constitution, the 2014 constitution addresses farmland (article 29) and the Nile in article 44, committing the state to their protection, prohibiting their pollution and commiting the state to removing any encroachments. The 2014 constitution adds the state’s commitment to support scientific research related to water security (article 44) and renewable energy sources (article 32).

Global Examples

Many developing countries prioritize the protection of the environment and use their constitutions to implement those principles. The articles showcased below present a tangible framework within which the state, citizens, and civil society organizations (CSOs) can protect against environmental threats.

Ecuador set precedent by being the first country in 2008 to constitutionally recognize the right of nature in Articles 71-74 of its constitution. It gives “every person, people, community or nationality” the right to demand the rights for nature (Article 71) and regulates the usage of non-renewable resources to minimize impact on the environment.

The constitutions of Spain (Article 45.3) and the Dominican Republic (Article 67.5) not only oblige the state to protect the environment, but also include mechanisms to prosecute those who violate the right to the environment. Both constitutions impose criminal, legal, or administrative sanctions for “damage caused to the environment and natural resources” and obligate the perpetrator to “repair the damage caused” to the environment. The Dominican constitution further obliges authorities to “cooperate with other nations to protect the ecosystems along the border land and sea.” Such an article would be beneficial for Egypt as we share water borders with six foreign countries.

Kenya’s 2010 constitution outlines the procedures for citizens to take legal action in the case of environmental abuses. The citizen does not have to “demonstrate that any person has incurred loss or suffered injury” since damage to the environment is sufficient grounds for prosecution. Article 70 states that:

(1) If a person alleges that a right to a clean and healthy environment recognized and protected under Article 42 has been, is being or is likely to be, denied, violated, infringed or threatened, the person may apply to a court for redress in addition to any other legal remedies that are available in respect to the same matter.

(2) On application under clause (1), the court may make any order, or give any directions, it considers appropriate:

(a) to prevent, stop or discontinue any act or omission that is harmful to the environment
(b) to compel any public officer to take measures to prevent or discontinue any act or omission that is harmful to the environment; or
(c) to provide compensation for any victim of a violation of the right to a clean and healthy environment.

(3) For the purposes of this Article, an applicant does not have to demonstrate that any person has incurred loss or suffered injury.

Citizens should have the right to access information related to the environmental impact of various projects and to have a medium available to express their views and concerns. France’s Charter for the Environment Article 7 grants the right to “access to information relating to the environment held by public authorities and to participate in the elaboration of public decisions having an impact on the environment.” Whereas, Ethiopia’s 1994 constitution Article 92 grants citizens the right to “full consultation and to the expression of views in the planning and implementations of environmental policies and projects that affect them directly.”

Article 415 in East Timor’s 2002 constitution entrusts local government to “develop programs for the rational use of water … and the adequate treatment of solid and fluid waste.” This commits municipal and regional authorities and deliberative/representative bodies to find creative solutions for the sustainable use of natural resources, minimizing the effects of hazardous waste on the environment.

The Way Forward

The environment affects everyone in Egypt who breathes the air, drinks the water, and eats locally grown food. With growing population and industrial demands, environmental damage in Egypt is only expected to increase. The constitution needs to be proactive to make the right to a healthy and sustainable environment a national priority, before we confront environmental and health catastrophe. For a comprehensive adoption of this right, three aspects need to be addressed:

• The role of different government entities in protecting the environment should be clearly defined to avoid bureaucratic ambiguity, conflict, or evasion of responsibility.

• The private sector, particularly large industries, should be given incentives to reduce their environmental footprint and deterrent consequences established against environmental abuse and destruction.

• Citizens’ full capacity to organize collectively and engage in public debate about environmental concerns.

• Promoting public awareness about environmental issues, showcasing the long-term negative impacts some common practices have on our health and environment.

Sources

American University in Cairo, (2013). “The Solution to Pollution – Scientists Find Answers to Cairo’s Garbage and Water Problems.” The American University in Cairo. Article published 13 Aug 2013.

Ayad, Ayman Ramadan (2013). “Water Quality and Cairo, is it safe?” Cairo From Below. Article published 5 Feb 2013.

McGrath, Cam (2011). “Endangered Species: The Egyptian Tortoise”. Egypt Independent. Published 08/12/2011.

Arab Republic of Egypt Ministry of Agriculture & Land Reclamation, United Nations Convention to Combat Desertification, Desert Research Center (2005). “Egyptian National Action Program to Combat Desertification.”

Arab Republic of Egypt Ministry of State for Environmental Affairs (MSEA). (2011). “Egypt State of the Environment 2011.” (original in Arabic).

_____. (2013). “Ministry 2013 Achievements in Limiting Air Pollution from Vehicular Emissions.”

_____. (2001). “The National Environmental Action Plan of Egypt 2002/17.”

_____. “Natural Protectorates and Biological Diversity.” Ministry of State for Environmental Affairs website.

Viney, Steven (2012). “Gebel Elba Ranger Named Runner-up for International Conservation Award”. Egypt Independent. Published 23/07/2012.

Walker, Kira (2013). “Preserving One of Egypt’s Most Efficient Ecosystems: The Mangrove.” Egypt Independent. Published 12/02/2013.

Feature Image Source: Urban Peek