By Wassim Mroueh
BEIRUT: Divergent opinions emerged Wednesday when a parliamentary subcommittee met to discuss a draft law to establish a state prosecutor for crimes against the environment, a move long championed by environmental organizations and activists.
During the meeting, Aley MP Akram Shehayeb and Metn MP Sami Gemayel backed the current version of the draft law, which calls for establishing a public prosecutor to deal with environmental issues in each governorate of the country. Each public prosecutor would in turn report to an environment state prosecutor, as proposed by the draft.
But Tripoli MP Samir Jisr, from the Future Movement, proposed that the environment public prosecutor be under the jurisdiction of the current state prosecutor, rather than establish a separate specialized post at the central government level.
Twelve years ago, assistant public prosecutors were specifically tasked with following up environmental crimes, among other responsibilities, but the lack of guiding legislation prevented the move from bearing fruit.
Representatives from the Justice Ministry, the Shura Council and the Environment Ministry were also on hand for Wednesday’s meeting.
Shehayeb said that sectarian allegiances were to blame for the opposition toward establishing an environment state prosecutor.
“The state prosecutor is a Sunni, the financial state prosecutor is a Shiite. Now they’re asking, ‘Which sect will get the new post of environment state prosecutor?’” Shehayeb told The Daily Star after the meeting. “I support having an environment state prosecutor with full powers.”
Caretaker Environment Minister Nazem Khoury, who attended the meeting, said some subcommittee members were concerned that the powers of the environment state prosecutor might overlap with those of the state prosecutor. “I said I would abandon my wish to have a state prosecutor for the environment, but let’s start somewhere,” he remarked.
The minister added that the country currently lacked legislation that specified what constituted a crime against the environment.
“What is an environmental crime in Lebanon? We’re dealing with something new. For example, the import of spoiled products or pesticides – what is considered an environmental crime and what is considered [an ordinary] crime under the penal code?” Khoury asked.
For his part, Jisr said he supported having a single state prosecutor, fearing that if a post for an environment state prosecutor was established, similar calls would emerge to establish state prosecutors in other fields.
“I support preserving the unity of the state prosecutor’s office,” Jisr said. “Maybe tomorrow someone will demand to instate a state prosecutor for health and tourism. This would create a conflict of power.”
But Gemayel countered that the current state prosecutor would not have sufficient time to deal with environmental prosecutors if they were placed under his authority.
“In order for environment public prosecutors to do the job in every governorate, they need to have an environment state prosecutor [to oversee them],” Gemayel said. “They won’t be able to fulfill their duties if they’re put under the authority of the state prosecutor, who has other things to do. They’re in need of an environment state prosecutor in Beirut to back them and stand by their side.”
Gemayel said subcommittee members did manage to agree on an article to establish an environment police unit, but details about this proposed body require fleshing out.
“This unit will be under the authority of environment public prosecutors in all governorates. If a person discovers an environmental problem, he can ask to see the environment public prosecutor in the area,” he said.
Western Bekaa MP Robert Ghanem said that given the divergent opinions over the matter, representatives from the Environment Ministry, Justice Ministry and the Shura Council had been tasked with rewriting the legislation.
Copyrights 2011, The Daily Star - All Rights Reserved
08/08/2013
http://www.dailystar.com.lb/News/Lebanon-News/2013/Aug-08/226709-mps-at-odds-over-post-of-environment-state-prosecutor.ashx#axzz2bGMTefp5
