Decisions of the State Land Reclama

Presidential Decree No. 378 for the Year 2016 has been issued on the 24th of August rendering the decisions of the State Land Reclamation Committee (“Land Committee”) mandatory for the various state agencies with jurisdiction over these lands.[1] According to the head of the Land Committee, this decision is meant to facilitate and support the Committee’s work helping it achieve its mission without running into the barriers of governmental bureaucracy.   

Background

Egypt has historically witnessed numerous transgressions on its land. This has often been in the form of adverse possession as well as the alteration of contractually designated activities without a license. For example, land licensed for agricultural purposes is then often employed in construction or residential activities instead. Similarly, desert land intended for reclamation projects would be used for other unauthorized activities. It was with this problem in mind that the then incumbent Prime Minister, Ibrahim Mehlib, decided to form a committee with the primary task of retrieving the appropriated lands by establishing a clear process by which the state could identify and inventory these lands as well as specifying the means by which they can be reclaimed and legalized.[2] Accordingly, the State Land Reclamation Committee has been established by virtue of Presidential Decree No. 75 for the Year 2016, headed by the President’s Deputy for National and Strategic Projects – Ibrahim Mehlib.[3] The Decree specified the Land Committee’s responsibilities which included creating an inventory of all the lands that have been unrightfully appropriated and reclaiming them by coordinating with the relevant state agencies about the legal and administrative procedures necessary to achieve this. The Committee is also responsible for identifying all outstanding debt due to the relevant state agencies and recovering this money which is owed to the state. The Committee has also been tasked with preparing reports determining the factors that led to the appropriation of these lands in the first place and suggesting remedies that would prevent it happening in the future. Lastly, the Committee has to report these crimes against public funds to the investigative authorities as well as the relevant state agencies to involve them in the effort to retrieve their funds. The Land Committee is composed of 10 members, including the Minister of Local Development, the Presidential advisor on security and counter terrorism, a representative for the Ministry of Justice and a representative for the Minister of Defence. A Technical Secretariat for the Committee (“Technical Committee”) has later been established by virtue of Decree No. 1 for the Year 2016 issued by the Head of the Land Committee with competencies that aim to augment and particularize the Land Committee’s powers. Specifically, the Technical Committee is responsible for the following:[4]

• Creating a database of appropriated state land and outstanding debt contingent on it.
• The legal and administrative measures taken vis-à-vis the appropriated lands that still have outstanding debt as of the date of the Committee’s creation.
• State lands were licensed to perform activities other than those actually performed on them.
• Decisions to remove land infringements that were issued in favour of state agencies
• Decisions rescinding contracts regulating these lands and the status of these lands after rescission.

The Decision

Presidential Decree No. 378 for the Year 2016 expanded the authority of the Land Committee, its subcommittees, and relevant state agencies in the following ways: (1) The Land Committee’s recommendations have become binding on all relevant state agencies (2) Specialized state entities have to be represented in the subcommittees (3) All relevant state agencies are now required to establish a coordination working group to coordinate its tasks with those of the Land Committee (4) The decision lays down a formula to be applied in collecting money owed to the state following any adaptation or alteration made in the type and nature of the activity contracted on with the relevant state agency (5) The decision allowed the Land Committee, its sub-committees, and relevant state agencies to pursue unorthodox methods in fulfilling its tasks (6) The decision instructed the Land Committee to take legal action against those who have failed to pay the state its dues. Below we discuss the most important points in more detail.

Binding Decisions

The most important development brought on by this decision is the fact that it strengthened the authority of the Land Committee by rendering its recommendations not mere propositions but binding decisions on all relevant state agencies. This binding quality is in relation to measures formerly suggested by the Land Committee to manage the problems that led to the occurrence of the land appropriation phenomenon in the first place. The decision allowed the Committee’s recommendations to become binding by requiring all state agencies and other relevant bodies to issue decrees that echo the Land Committee’s recommendations which subsequently renders it legally binding. The decision also explicitly stated that these decisions are final and binding upon the approval of the Cabinet of Ministers.

Collection of State Dues

The decision clarified that if the state was owed money due to any contractual change elicited by a reconciliation between the relevant state agency and the contracted party that has not been collected yet as of February 2016 (when the Land Committee was created), the relevant state agency is to collect this money according to the Land Committee’s recommendation and the estimates of its valuation and pricing committees. It necessitated, however, that no less than a quarter of the amount due be paid upfront and that the period over which the remaining amount is to be paid should not exceed the period dictated by the decisions of the relevant agencies’ board of directors. The decision also entailed that the money should be deposited in a bank account titled “The People’s Rights”.

Eliminating Bureaucratic Hurdles

The decision allowed the Committees and its subcommittees and all relevant state agencies to pursue unorthodox methods in fulfilling its obligations. For example, rather than waiting for the approval of executive managers of the relevant state agencies and the approval of the board of directors, which is composed of a number of ministers who would be difficult to summon regularly and speedily, the decision allows the Land committee to curtail these measures in dealing with transgressors who are serious about legalizing their status.[5] The decision also explicitly stated that the Land Committee’s decisions are not bound by any regulations that are not in line with the decision at hand.

Measures Against Delays

The decision required the Committee to take legal action against transgressors who are delayed in paying back the state its dues. These actions include eviction, administrative seizure, judicially sanctioned travel ban, referral to the Public Funds Investigatory Unit, referral to the bodies concerned with tax evasion and illicit gains. [1] Presidential Decree No. 378/2016 rendering the decisions of the State Land Reclamation Committee mandatory for the various state agencies with jurisdiction over these lands, Official Gazette, Issue No. 35, 1 September 2016. [2] Mehlib form a ministerial committee to retrieve "stolen" state lands, Aswat Masriya, available through this link (Arabic). [3] Presidential Decree No. 75/2016 forming the State Land Reclamation Committee, Official Gazette, Issue No. 7, 18 February 2016. [4] President’s Assistant of the Republic and National Strategic Projects and Head of the Land Committee Decision No. 1/2016, the official website of the State Land Reclamation Committee, available through this link (Arabic). [5] Presidential Decree on the recommendations of the State Land Reclamation Committee, the official website of the State Land Reclamation Committee, available through this link (Arabic).