Encroachment1 on Public Property

Information International has published in 2003 a booklet on coastal property, and below is a slightly amended introduction of it, as nothing has changed except for the worse.

Since the end of the Lebanese civil war in 1990, the successive governments, especially that of the 1992, have tried to manage the remnants of war and to remove the infringements on public and private properties. Militia checkpoints and protection money disappeared, illegal ports were closed, customs resources were partly restored and a law stipulating the settlement of construction violations was ratified. However, the successive cabinets and parliaments have failed to approve a law that addresses the encroachments on public coastal property. The draft law suggested by the 1996 Hariri government on this issue hit snags in Parliament and the other attempt initiated in 1999 by Al-Hoss government was also to no avail. The budget sessions have always been abuzz with discussions on coastal infringements throughout the years and certainly the sessions of the current government are no different.

Today, and amid the increase of public debt, the pay rise and the government’s “struggle” to provide further revenues, infringements on public coastal property remain lacking an equitable law, which regulates the occupancy fees and removes all violations, and sadly, the respective financial dues go with the wind. Furthermore, the laws in force impose on the “legal and licensed” coastal facilities and land trivial taxes that remain unfair compared to the value of the occupied property and the profit margins.

The matter is not financial or economic but rather boils down to the role of the state, the rights and duties of the citizens and our understanding of what is or is not public or private. The railroad properties are violated and so are the main roads, the shoreline, the mountains, the valleys and even the people.

Jawad N. Adra

1 Encroach on/upon something: to intrude on (a person’s territory, rights, personal life, etc.)/ to advance gradually beyond usual or acceptable limits (Oxford Dictionay).

 

Ministerial and political statements tackling shoreline encroachments:

“.. Reconsideration of the investment of public property, especially coastal one...” (ministerial statement of Rashid As-Solh’s government- May 1992)

“.. Raising the revenues can be possible through a proper collection of public property taxes...” (ministerial statement of the first Hariri government- November 1992)

“.. The government will work on addressing the coastal property violations...” (ministerial statement of Omar Karami’s government- October 2004)

“.. Given the importance of preserving the Lebanese shoreline, which is one of the greatest treasures of Lebanon, the government will cooperate with Parliament to re-organize the coast in a manner that guarantees the rights of the people, and to solve the violations threatening the seaside land...” (ministerial statement of Fouad Seniora’s government- July 2008)

“.. Preserving the Lebanese coast and taking the measures necessary to solve the problem of encroachments upon the public coastal property for the benefit of all Lebanese...” (ministerial statement of Saad Hariri’s government- November 2009)

“.. Benefitting from the country’s resources such as oil, water and public coastal and riverine property… and working on accelerating the approval of the draft law aimed at handling the coastal property violations...” (ministerial statement of Najib Mikati’s government- July 2011)

“.. Where do we stand regarding the settlement of the coastal property file, which we have been demanding for decades...” (statement by Walid Jumblat in June 2012)

“.. We support the removal of immunity from all those encroaching on coastal public property...” (statement by Minister of Public works and Transportation Ghazi Aridi in April 2011)

 

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