The First International Arabian Conference for Environmental Legislation

Under The Patronage of H.R.H. Prince: Sultan Ibn Abdulaziz AL Saud

Riyadh

2-4 Rajab 1429H Corresponding to 5-7 July 2008

Recommendations

One:

1- Extending thanks and appreciation to the Custodian of the Two Holy Mosques King Abdullah Ibn Abdulaziz, may Allah Bless Him, for his generous hosting to the First Arabian Conference on Environmental Legislations.

2- Extending thanks to H.R.H. Prince Sultan Ibn Abdulaziz, Crown Prince, Deputy Prime Minister, Minister of Defense and Inspector General for his generous hosting to the conference.

3- Extending thanks to H.R.H. Prince Naif Ibn Abdulaziz, Minister of interior, for his auspices and support to the conference on the behalf of H.R.H. Prince Sultan Ibn Abdulaziz.

Two:

Recognizing and accrediting of Riyadh Declaration to the First International Arabian Conference on Environmental Legislation as follows:

Riyadh Declaration

of the First International Arabian Conference on Environmental Legislations

Riyadh, Kingdom of Saudi Arabia

2-4 Rajab 1429H

5-7 July 2008

Having attended the ministerial session held within the activities of the First International Arabian Conference for Environmental Legislation in Riyadh, Kingdom of Saudi Arabia during the period 2-4 Rajab 1429H, corresponding to 5-7 July 2008, under the auspices of H.R.H. Prince Sultan Ibn Abdulaziz AL Saud, the crown prince, Deputy Prime Minister, Minister of Defense and General Inspector, under supervision of the PME (Presidency of Meteorology and Environment), and in cooperation with the National Authority for Protecting and Developing the wild Life, the Arab League and the United Nations Environmental Program, the Arabian Environment Ministers, heads of delegates, experts and specialists in the legislative and law fields emphasize the following::

The global concern, various international environmental agreements and conventions amounting up to one hundred fifty.

Most environment- related issues in the Arab world lack efficient solutions, which made the International Community initiate the Second Earth Summit in Johannesburg, South Africa on the Environment and Sustainable Development in ten years following Rio De Janeiro's Conference. The international community felt that it was approaching a sharp and critical environmental crisis if it did not handle the international environmental conditions as soon as possible. Such proposed intervention would include sustainable development, urbanization, combating poverty, fighting against pollution, maintaining the natural environmental resources and the ecological equilibrium, frantic efforts towards establishing a strong relation between the human and his environment, urging him to consider it as a vital part standing by itself which he has to maintain and care for.

Our Arabian nation has been engaged in the international concern of the environmental issue. So, it has contributed in all forms of this concern it terms of international environmental agreements and conventions, and considered the environmental issue on the top of its concerns. Our nation has taken the initiative in establishing ministries and corporations for protecting environment as well as issuing many legislations for preserving environment with all its elements.

The environmental policy in the Arabian countries and in most of the developed countries has emphasized that legislations are a means to protect the environment. Therefore, these countries are concerned with preparing and issuing them. However, experience and practice have revealed that environmental regulations are inefficient and that there are many troubles curbing works of agencies, offices and technicians concerned with the environmental affairs.

Referring to resolutions of the Nineteenth Meeting of the Council of Arab Ministers in charge of the Environmental Affairs held at the Head Quarter Secretariat of the Arab League in Cairo, December 2007 concerning approving the study of Environmental Legislation in the Arabian region, and drawing on the resolutions of the Tenth Session of the Governing Council of the United Nations Environmental Program (UNEP), held in Monaco, February 2008 "Globalization and Environment", we:

o Are committed to execution of the international agreements concerning environment.

o Are convinced that the environmental work can only be developed in the Arabian region via participation and transparency.

o Believe that human is the means and end in achieving sustainable development in an integrative system of common values and principles which respect the right of the communities, individuals and current and future generations in the sustainable human development.

o Support all endeavors performed for issuing environmental legislations at the Arabian level.

o Point out that, in spite of the great efforts exerted, the Arabian work has not risen to the level of development challenges related to the environmental legislations to make do with the environmental issues encountering the Arabian region.

There in, we call for the following:

First:

Providing diligent political support for executing strictly the national and regional environmental policies and programs. Decisive execution of all environmental legislations and promoting all means and potentials for assisting authorities, which are entrusted of protecting environment, are inevitable in this regard. There is also a need for considering a logical and comprehensive form of environmental legislations that are accepted and applicable by all entities. Concerned parties are expected to abide themselves completely to such legislations.

Second:

Emphasizing individuals' right to live in a balanced, clean, healthy environment. The individuals, formal state authorities as well as private and governmental institutions need to shoulder their responsibilities towards maintaining the environment and its natural resources, fighting pollution, protecting wild and marine life. State authorities, especially those who engage in preparing the economical development plans, are to keep in mind environmental considerations in the economical reform at all stages and levels of planning, making the environmental planning an integral part of the total development planning in all fields. Authorities undertaking issuance of licenses for new, or outstanding projects should be committed to the principle of environmental evaluation of projects where performing of environmental evaluation shall not in conflict with the economical feasibility studies of such projects.

Third:

Providing environmental data which assist in recognizing the environmental situation and its elements by establishing integrative environmental databases and advanced networks for environmental observation. Knowledge should be available for decision makers and officials in charge of environment in order to set various priorities according to the cost and in the hierarchy needed. Furthermore, publishing such information provides all people concerned with environmental education and raises their environmental awareness, giving them the chance to contribute in finding appropriate solutions for environment-related issues.

Fourth:

Supporting the entities of environmental and local environmental administrations with technical personnel specialized in environmental sciences, experts and sufficient administrative equipments to meet the requirements of implementing various tasks entrusted thereof and running training courses for employees of the same departments in order to increase their abilities and skills in all technical and administrative domains. This should be connected to the need to set a legal system to practice environmental works where the technically and scientifically unqualified personnel shall not be allowed to practice such duties. Among these responsibilities is conducting studies on evaluation the environmental effect of establishments, their environmental review, works of environmental inspection over establishments and projects and other specialized environmental interests. Moreover, the legal system shall handle expertise institutions and environmental consultation offices. This ensures better application of environmental legislations and guarantees quality of its execution.

Fifth:

The need to apply the economical means as they are considered the most efficient tools in the environmental policy. They are a group of methods and means used in protecting the environment, affecting its expenditures and revenues of the investment projects as well as the final prices of materials. The most important forms of economical tools are taxes, environmental subsidies, emission licenses, which are called the market permissions, in addition to in addition to tax and custom exemptions and other incentives. Consequently, the economical means lead to activating and actualizing environmental legislations and helping in validating voluntary adherence to their provisions. This is what all Arabian environmental legislations lack, which requires us to make the necessary amendments to ensure using the economical tools for guaranteeing activation and adherence of its provisions.

Sixth:

National organizations and other civil community corporations have currently a very important role in achieving development and maintaining environment at the global scale. This has inspired legislative authorities in most developing and developed countries to adopt the principle of "national contribution" in setting the environmental policies, environmental administration, and making environmental decision by engaging the representatives of such organizations and corporations in the administrative boards of environmental protection entities. They have been entrusted the power to notify crimes committed against the provisions of environmental legislations and resort to the administrative and judicial authorities to enforce such legislations. Such organizations can also be referred to raise environmental awareness, spread environmental education among individuals of the community, encourage initiatives performed by the national organizations in the field of environment protection and develop environmental resources, protecting them from pollution.

Seventh:

The criteria and rates determined by of environmental legislations for the environmental pollutants and ensuring their quality need to be rational and appropriate for the national environmental condition where they can be observed in all country pursuant to their environmental and economical conditions. Moreover, such criteria and rates shall subject for a regular review in order to enhance them gradually till reaching the global rates to meet the requirements of the World Trade Agreement and its effect on the developing countries. There is also a need for incorporating the qualitative loads of pollutants in the criteria and rates approved in our Arabian legislations to measure pollution as well as concentrations. Doing so will stand as an incentive for starting cleaner production and using the cleaner technology.

Eighth:

The need to establish specialized police to protect environment at the central level in various governorates and cities. The police under consideration shoulder the responsibility of executing provisions of the environmental legislations and their executive regulations, identifying the environmental crimes and the perpetrators thereof, receiving complaints and notifications submitted to the police and adopting the legal procedures in this concern and cooperating with the authorities concerned with environmental protection in performing their duties.

Ninth:

Establishing judicial institutions within courts to settle the environmental claims and specialized prosecuting departments to investigate in such claims and take actions in this regard. Personnel and judges of such judiciary institutions will pass training courses qualifying them to investigate, take actions and settle such environmental claims. This necessitates that there should be experts specialized in the environmental affairs in the form of cooperative departments with the judicial authorities who can resort to them for consultations to settle such specialized technical, environmental issues at court. Settling such claims shall be carried out as soon as possible and the issued awards shall have immediate effect, even if there is an appeal thereof.

Tenth:

The Arabian environmental legislations should be consistent with provisions of the international environmental agreements recognized and ratified by the Arabian states. The legislations should meet the requirements of such agreements and be compatible with the latest environmental concepts. Through such consistency, activation of international environmental legislations can be achieved by validation compliance to the national environmental legislations in contribution to the environmental reform at the international scale.

Three:

The following recommendations have been agreed on:

1- Inviting the Arabian and Islamic states to consider some environment-related provisions stipulated in the Holy Quran and Prophet Mohammed's Sayings in any legislation they may issue.

2- Urging concerned authorities in the Arabian states to be sure that all companies and factories are committed to the environmental rules and legislations.

3- Getting the civil community engaged in the preparing process of the environmental legislations.

4- The environmental legislations in the Arabian states shall include provisions concerning safe dealing with using radioactive materials and their applications, as well as the wastes resulting out of them.

5- Inviting the Arabian legislator to consider the principle of "Continuous responsibility of the product" and "The polluting product shall pay".

6- Inviting the Arabian states to establish national centers concerned with training on the environmental legislation, raising environmental legislation awareness, training the jurists and judges, and settling the environmental issues.

7- Including the environmental legislation within the educational curricula.

8- The need of coordination and cooperation at the Arabian scale before ratifying the international environmental agreements for ensuring commitment towards the requirements of such agreements and their actualization in the field.