Decree regarding the waters of the Nile - Youssry Saleh Law Firm

Decree regarding the waters of the Nile

Youssry Saleh & Partners   24 Mar 2016   521 Views

Official Gazette – No. 13 Bis (a) on 29 March 2014 Prime Minister Decision No. (514) for the year 2014 regarding the formation of a committee for follow up on the legal aspects pertinent to the Nile’s water and the Ethiopian dams Prime Minister

Upon review of the amended constitution promulgated on the eighteenth of January 2014; and

On the Law No. (543) for the year 1955 regulating the Ministry of Foreign Affairs and its amendments; and

On the Law of the civil servants system promulgated by the Law No. (47) for the year 1978 and its amendments; and

On the Law of diplomatic and consular core promulgated by the law No. (45) for the year 1982 and its amendments; and

On the Presidential Decree issuing the Law No. (21) for the year 2014 for establishment of the National Defence Council; and

What has been decided by the National Defence Council; and

Upon what has been presented by the Minister of Foreign Affairs;

Decided:

 

( First Article )

A committee shall be formed to follow up on the legal aspects pertinent to the waters of the river Nile and the Ethiopian dams, to be presided by the Deputy of the Minister Foreign Affairs for African Affairs, and membership of the following:

Assistant to the Minister of Foreign Affairs for legal affairs.

A representative of the Ministry of Defence and Military Production

Representative of the Ministry of Water Resources and Irrigation.

Dr. Mohamed Gomaa – International Law Expert.

Professor Doctor. Ibrahim El-Anani – Professor of International Law at Ein Shams University.

Professor Doctor. Ashraf Arafat – Professor of International Law at Cairo University

The committee shall elect a reporter from among its members, and the committee may seek assistance from whomever it may deem necessary from among experts and specialists, and shall set the rules and regulations to regulate its work, including the manner of communication with experts who shall participate in its works without them attending its meetings personally.

( Second Article )

The committee shall be concerned with:

1-    Evaluating Egypt’s legal status as to all aspects pertinent to the river Nile, and specifically the following:

Egypt’s legal rights in the waters of the Nile, in light of the rules of the customary international law and the pertinent conventions, and the extent of applicability of such rules and their validity.

The status of the 1959 convention.

2-    Conducting a legal evaluation of Egypt’s standpoint from the Nahda Dam, and the measures to be taken by the side of Egypt until present in this respect, and suggesting legal recommendations to be adopted in the next phase.

3-    Evaluating the situation with respect the international pertinent conventions as regards the non-navigational uses of the international water canals and the extent to which a benefit can be made.

4-    Evaluating the situation from a legal standpoint in relation to the comprehensive setting treaty, and the manner in which Egypt should handle such.

5-    Coordinating with international legal experts whom shall be assigned by the Egyptian side to render the necessary legal support for the matters pertinent to the river Nile, and specifically the comprehensive setting treaty and the Nahda Dam.

6-    Handling the legal matters relating to the river Nile, that may arise other than the aforementioned, and rendering the pertinent legal recommendations in light of the rules of the customary international rules, the law of international conventions, the states’ succession of treaties, the rules of referral to the international court of justice and international arbitration, the amicable means of disputes’ settlement, the international responsibility, and the code of the United Nations.

Provided that the committee shall submit its reports and its resultant recommendations to the Minister of Foreign Affairs in order to act thereupon.

( Third Article )

The committee shall have a technical secretariat under the supervision of the reporter, that is comprised of members elected by the chief of the committee from among the employees of the Ministry of Foreign Affairs or otherwise from among specialists and experts.  The secretariat shall assume the following works:

(a)  Prepare studies and researches necessary for the committee’s works.

(b)  Prepare a project for the work-plan of the committee and prepare the matters to be presented thereto.

(c)   Assume the procedures that are necessary to implement the decisions and recommendations of the committee and follow up on them.

(d)  Whatever tasks that may be assigned to it by the committee.

( Fourth Article )

All governmental entities and other competent authorities shall provide the technical secretariat with the data, reports and researches that are pertinent to its activities, and whatever may be requested in order to achieve its works on urgent basis.

( Fifth Article )

The committee’s work period is one year, and may be renewed for other periods by virtue of a decision to be issued by the Prime Minister based on the presentation of the Minister of Foreign Affairs.

( Sixth Article )

This decision shall be published in the Official Gazette, and shall be applicable from the next day of publishing.

Issued by the Cabinet on 29 Jumada Al Oula of the year 1435 Hijri

                                                                              (Corresponding to 29 March of the year 2014)

Prime Minister      

Eng. Ibrahim Mehleb