In Iraq there are various laws concerning the environment that aare mainly concerned with the assessment, control, and monitoring of environmental pollution.
The Supreme Council for the Protection and Improvement of the Environment in Iraq was charged with creating environmental policies from 1975 to 1997. Law Number 3 of Protection and Improvement of the Iraqi Environment was issued by the Iraqi government in 1997. The Iraqi government used this law until 2008.
After the war in 2003, there were extensive changes in Iraq’s political structure, especially with regards to Iraqi legislation. One of the most important challenges that the Iraqi parliament faced was the drafting of legislation. With worsening environmental problems, and the weakness of enforcement of existing environmental laws, it became necessary to find institutions that have a greater role in the drafting of environmental legislation.
For the first time in Iraq, in September 2003, a Ministry of Environment was established and began to gradually replace the environment department structure in the Ministry of Health, with concerted cooperation between the two ministries.
During the last four years the Iraqi parliament focused on reviewing environmental laws and regulations. In spite of the efforts made, there is still no clear vision. Twelve environmental laws and 15 related laws were legislated during the last four years by the Iraqi parliament; another 10 proposed legislations were left to a future parliament to act on.
Existing Iraqi Environment-related Legislation
REFERENCE
|
TITLE
|
CURRENT STATE
|
2009 – Law No. 30 (formerly 1955 – LAW No. 75)
|
Forest Law
|
Updated 2009, Ongoing
|
1965 –LAW No. 64
|
Cities land use
|
Ongoing
|
1965 – LAW No. 106
|
Rangelands and their Protection
|
Ongoing
|
1966 –LAW No. 21
|
Noise prevention
|
Ongoing
|
1967 –LAW No. 25
|
System of rivers and other water resources protection from pollution (includes 45 pollutants)
|
Updated 2001, Ongoing
|
1976 -LAW No. 48
|
Fishing, exploitation and protection of living aquatic species.
|
Ongoing
|
2010 – LAW No. 17 (formerly 1979-LAW No. 21)
|
Law on the protection of wild animals and birds
|
Updated in 2010, Ongoing
|
1980 –LAW No. 99
|
Protection from Ionizing radiation
|
Ongoing
|
1981 –LAW No. 89
|
Public health (drinking water provision, sanitation and environmental monitoring)
|
Ongoing
|
1997 –LAW No. 3 (formerly 1986 LAW No. 79)
|
Protection and improvement of environment
|
Updated 2008, Ongoing
|
1994 – LAW No.24
|
Planning Body
|
Ongoing
|
1995 – LAW No.12
|
Maintenance of networks of irrigation and drainage
|
Ongoing
|
2001 –LAW No. 2
|
Water systems protection
|
Ongoing
|
2009 – Law No. 29 (1986- Regulation No. 67)
|
Updates Regulation No. 67, Regulate the regions for collecting debris (landfills).
|
Ongoing
|
OTHERS
|
|
|
1961 – Regulation No. 33
|
Lease of beaches, islands and Miri surf lands on which pastures or liquorice are naturally grown
|
Ongoing
|
1981 - Regulation No. 13
|
Agricultural Research and Water Resources Centre
|
Updated 2008, Ongoing
|
2009 – Regulation No. 17 (formerly 1985-Resolution No. 995)
|
Establishment of aquaculture operations
|
Updated 2009, Ongoing
|
1990 – Order No. Unknown
|
Environmental criteria for agricultural, industrial and public service projects
|
Ongoing
|
1991 - Decision No. 1 (EPB)
|
Cutting of trees
|
Ongoing
|
1992 - Instructions No. 11
|
Prohibition of plant importation into Iraq
|
Ongoing
|
One example of the implementation of Iraqi Environmental Law occurred in 2010 when the MOE brought a court case over Law No. 17 (Law on the protection of wild animals and birds) regarding illegal hunting activities in Missan Governorate by foreign hunters/falconers who had entered into Iraq to hunt threatened Iraqi species (particularly MacQueen’s Bustard and birds of prey). An agreement was reached with the Ministry of Interior to stop these activities.
New Iraqi Environmental legislation
REFERENCE
|
TITLE
|
CURRENT STATE
|
2010- Law No.1
|
Consumer protection law
|
Approved
|
2010 – Law No.11
|
Protection of the Iraqi production
|
Approved
|
2009 Law No. 3
|
Joining in Basil convention for controlling the danger hazards.
|
Approved
|
2009 – Law No.7
|
Iraq joining the convention of Desertification
|
Approved
|
2009 – Law No. 27
|
Iraqi Environmental protection and improvement law
|
Approved
|
2009 – Law No.28
|
Agricultural Loans to support the Iraqi farmers
|
Approved
|
2009 – Law No. 30
|
Law of Forests and nurseries
|
Approved
|
2008 – Law No. 7
|
Iraq joining the Climate Change Convention and Kyoto protocol
|
Approved
|
2008 – Law No.12
|
Iraq joining UNESCO Convention to protect the cultural intangible heritage
|
Approved
|
2008 – Law No. 37 (formerly 2003 – CPA ORDER 44)
|
Ministry of Environment Law - Establishment of the Ministry (instead of the former Council of Protection and Improvement of Environment)
|
Updated in 2008
|
2007 – Law No. 6
|
Iraq joining the Arabian memorandum of understanding in cooperation in marine transportation
|
Approved
|
2007- Law No. 7
|
Iraq joining RAMSAR Convention for the wetlands
|
Approved
|
2007 – Law No. 22
|
Iraq joining the international agreement for Olive Oil
|
Approved
|
2007 –Law No. 42
|
Iraq joining Vienna convention and Montreal protocol to protect the Ozone layer.
|
Approved
|
2007 – Law No. 48
|
Iraq joining the regional commission for Fish traps
|
Approved
|
2007 – Law NO NUMBER
|
Investment law for Oil refineries
|
Approved but not published
|
2008 – Law No. 31
|
Iraq joins the Convention for Biological Diversity
|
Approved
|
2010 – Order No. 74
|
Prohibition of plant importation into Iraq - Identifies the MoE and MoA as having sole authority over plant importation and states that all plants are prohibited for importation. Supports Instructions No. 11
|
Ongoing
|
There are other important laws promoted by the MOE and currently under approval, such as: the Draft Regulation on Nature Protected Areas and the Draft Law for Regulating Hunting Activity.
NI will work with the MOE and the Iraqi parliament in the next four years to develop and revise the Iraqi environmental laws and regulations.
Other legislative instruments: Coalition Provisional Authority (CPA) Orders
The Coalition Provisional Authority, which along with the Governing Council was the governing body in Iraq from 2003 to 2004, enacted a series of legislative measures that concern biodiversity. The most notable was Order No. 44 that created the Iraqi Ministry of Environment.
CPA order No. 100 of June 28th, 2004 states, “the laws, regulations, orders, memoranda, instructions and directives of the CPA remain in force unless and until rescinded or amended by legislation duly enacted and having the force of law, as set forth in Article 26(C) of the Law of Administration for the State of Iraq for the Transitional Period (“TAL”)”.
Here follows a list of CPA orders that directly or indirectly affect or relate to biodiversity issues in Iraq. Several of these orders may have been revised, amended, or integrated into other laws since their first issue.
ORDERS
|
Title
|
Date
|
Order 9
|
Management and Use of Iraqi Public Property (Revised)
|
27-Jun-04
|
Order 24
|
Ministry of Science and Technology
|
24-Aug-03
|
Order 26
|
Creation of the Department of Border Enforcement
|
24-Aug-03
|
Order 27
|
Establishment of the Facilities Protection Service
|
4-Sep-03
|
Order 33
|
Ministry of Municipalities and Public Works
|
8-Sep-03
|
Order 44
|
Establishment of The Ministry of Environment
|
14-Nov-03
|
Order 45
|
Non-Governmental Organizations
|
23-Feb-04
|
Order 51
|
Suspension of Exclusive Agency Status of Iraqi State Company for Water Transportation
|
14-Jan-04
|
Order 54
|
Trade Liberalization Policy 2004 with Annex A (Amended)
|
4-Apr-04
|
Order 59
|
Protection and fair Incentives for Government Whistleblowers
|
1-Jun-04
|
Order 60
|
Establishment of the Ministry of Human Rights
|
22-Feb-04
|
Order 72
|
Iraqi Radioactive Source Regulatory Authority
|
15-Jun-04
|
Order 81
|
Patent, Industrial Design, Undisclosed Information, Integrated Circuits and Plant Variety Law
|
26-Apr-04
|
Order 100
|
Transition of Laws, Regulations, Orders, and Directives Issued by the CPA
|
28-Jun-04
|
|
Yüklə 13.41 Mb.