Egyptian Urban Planning Institutional Framework-Doha
Egyptian Urban Planning Institutional Framework-Doha
Egyptian Urban Planning Institutional Framework-Doha
Institutional Framework
Master’s Thesis
January 2015
First, I would like to deeply thank Professor Rudolf Schaefer for his supervision on this
master dissertation and his continuous support, guidance and analytical feedback.
Besides I would like to sincerely thank Professor Peter Berten for supervising my thesis
and for his valuable feedback and comments. In addition to acknowledging Tooska
Mosavat for her appreciated recommendations and discussions.
Last but not least, Eslam Jamal the never-ending supporting idol. I deeply thank you for
your continuous patience, support, guidance and assistance.
2
Abbreviations
3
Arabic terms
1 Law No.143 Official journal – Issue No. 25 (Supplement) on 31st August 1981
4
Abstract
This research aims to map the regulatory framework involved in planning and
governing the city components. The main three key questions are: How does the formal
Egyptian urban planning system work? Is the process sectored between different
entities or integration occurs during planning? What are the main obstacles in the
existing legal and institutional framework?
The dissertation identifies all the central institutions and affiliates involved in urban
planning on different levels, in addition to the regional and local administrative system
institutional and legal framework.
Public land management comprises complex institutions framework, lack of land policy
framework, ineffective land use planning, using old surveying boundaries to control
public land.
Finally analyzing the existing institutional framework based on literature and reviewing
critical comments from other authors experienced in the Egyptian urban planning field.
The main findings of this dissertation are complex institutional organizational structure,
highly fragmented legal framework and sectoral planning system and centralization.
5
Table of Contents
Acknowledgments ............................................................................................................................2
Abbreviations ....................................................................................................................................3
Arabic terms .......................................................................................................................................4
Abstract ................................................................................................................................................5
1. Introduction ...............................................................................................................................8
1.1 Objectives ............................................................................................................................................ 8
1.2 Introduction ....................................................................................................................................... 8
1.3 Literature Review ......................................................................................................................... 10
1.4 Methodology ................................................................................................................................... 11
1.5 Urban Policies and Programs ................................................................................................... 11
1.6 Planning Approaches ................................................................................................................... 16
1.7 Strategic planning ......................................................................................................................... 19
2. Central Institutions Relevant to Urban Planning and Affiliates ............................ 25
2.1 Prime Minister ............................................................................................................................... 25
2.2 Ministry of Housing, Utilities and Urban Development (MHUUD) .............................. 26
2.3 Ministry of Planning ..................................................................................................................... 40
2.4 Ministry of State for Environmental Affairs (MSEA)......................................................... 42
2.5 Urban Renewal and Informal Settlements Ministry ......................................................... 45
2.6 Ministry of Agriculture and Land Reclamation .................................................................. 47
2.7 Ministry of Tourism...................................................................................................................... 50
2.8 Ministry of Foreign Trade and Industry (MFTI)................................................................. 52
2.9 Ministry of Defense ....................................................................................................................... 52
2.10 Ministry of Culture and al Tansiq al Hadari Civil Coordination ................................. 52
2.11 Ministry of Local Development .............................................................................................. 53
2.12 Summery ........................................................................................................................................ 69
3 Regional and Local Administrative System ................................................................... 70
3.1 Introduction .................................................................................................................................... 70
3.2 Economic Regions and Regional Planning Authorities ................................................... 74
3.3 Governorates .................................................................................................................................. 77
3.4 Administrative division Markaz .............................................................................................. 79
3.5 Towns ................................................................................................................................................ 81
3.6 Quarters ............................................................................................................................................ 82
3.7 Village ................................................................................................................................................ 83
3.8 Financing .......................................................................................................................................... 84
3.9 Summery .......................................................................................................................................... 89
4 Infrastructure Facilities ....................................................................................................... 90
4.1 Drinking Water and Sanitation ................................................................................................ 92
4.2 Electricity ......................................................................................................................................... 93
4.3 Roads and Transportation ......................................................................................................... 94
4.4 Solid Waste Management ........................................................................................................... 95
4.5 Summery .......................................................................................................................................... 96
5 Land Management .................................................................................................................. 98
5.1. Introduction ................................................................................................................................... 98
5.2. Institutions Involved in Land Management ........................................................................ 98
6
5.3. Land Types ....................................................................................................................................109
5.4. Land management key challenges .......................................................................................113
5.5. Summery .......................................................................................................................................116
6. Analysis .................................................................................................................................. 117
6.1 Regional and Local Institutional Level ................................................................................121
7. Recommendations.............................................................................................................. 125
Annex .............................................................................................................................................. 126
Bibliography ................................................................................................................................. 133
7
CHAPTER 1: INTRODUCTION
1. Introduction
1.1 Objectives
This research aims to map and identify the existing institutional and regulatory
framework involved in planning and governing the city components. The urban
management activity is controlled by several ministries: Ministry of Housing, Utilities
and Urban Development (MHUUD), Ministry of State for Environment Affairs (MSEA),
Urban Renewal and Informal Development Ministry, Ministry of Agriculture, Ministry of
Tourism (MoT), Ministry of Industry and Ministry of Local Development (MOLD) as well
as the local administrative system and infrastructure components; drinking water,
sanitation, electricity, transportation and solid waste management in addition to the
land management process. This study aims to provide a comprehensive understanding
of the formal practice and answer the following questions:
1.2 Introduction
8
disorder and protestors, unprincipled persons took the chance to grab lands and build
or expand illegally. A huge number of informal buildings exist with thousands of
agriculture hectors urbanized (UN HABITAT, 2012, p. 24). In addition to the existing
informality before the revolution. Challenges facing the Egyptian government are not
limited to housing problems; the failure of providing affordable housing comes along
with economic, social and technical complications.
To overcome the numerous challenges facing the government a reform of the
local administration system in Egypt was one of the demands during the 25 January
Revolution. The process of reforming the system includes several factors on the local
level (Mahmoud N. , 2012) and subsequently on the central level. The research focuses
on the legal framework shaping the current situation to picture the structure of the
whole process so it could be reformed. In June 2014 a presidential decree was issued
declaring the formation of high council for legislation reform responsible for
preparing, researching and studying the laws, presidential decrees, cabinet decrees
needed or that needs amendments according to the new constitution. In order to avoid
any repetition, limitation, contradiction or ambiguity, and working on unifying and
simplifying them according to the community, general state policies needs and national
goals determined by constitution (Kamal & Gallal, 2014). Providing this study, aims to
offer a guideline covering urban development legislations to facilitate the laws and
decrees reform in urban planning sector.
One of the challenges in writing this thesis is to target and map the formal system
rather than going into the informal parallel existing system. The idea of focusing on the
official system is to understand how it works and why did it lead to urban informality in
its cities and villages. The dissertation introduces first the political structure of the state
including the different entities and their levels. Afterwards presenting the urban policies
adopted by the state mainly to overcome the impact of population growth and number
of immigrants moving from rural areas to cities on the urban environment.
Following with a comprehensive identification of the Planning institutions
responsibilities and organizational structures. Organizational bodies are divided into
central and local administration, the central level involve ministries and their affiliates
while the local administration involves governorates, districts, towns, quarters and
villages. This part depends mainly on laws, presidential decrees, cabinet decrees and
ministerial decrees that form the institutions bodies and their competences.
Third chapter discusses the management of infrastructure and land management,
through pointing out who are the key players in managing these facilities and what are
the relationships between the central institutions, local administration and authorities
in managing the utilities.
Afterwards analyzing the given information in the previous chapters as a
database and collecting the sectored analysis done in other researches depending on
case studies and facts to provide analytical insights on the planning system. Since each
city or village planning in practice may have its own management circumstances and
different stakeholders however several examples could be repeated.
9
1.3 Literature Review
2 www.tadamun.info/know-your-government/?lang=en
3 www.shadowministryofhousing.org
10
other regions ex: desert communities. The book suggests turning the planning regions
into administrative regions after amending the necessary modifications, creating three
administration levels: regional level-governorate level-municipal level (El-Azim & Alam ,
2000).
David Sims in his famous book Understanding Cairo discusses in a chapter called
governing Cairo an overview on the nature of the Egyptian government questioning if it
is governing or “muddling through” criticizing the local administration competences and
inter-agency coordination. In the same chapter Sims identifies the infrastructure
governance focusing on Cairo, including potable water, sewerage, electricity and major
roads concluding that greater Cairo high density justifies why the infrastructure systems
work comparatively well (Sims, 2012, p. 251).
1.4 Methodology
Identifying and mapping the key players roles in the planning process and
understanding the formal process are the main objectives. The research depends mainly
on literature review since the institutions formation and regulatory form is issued
through laws and decrees, a review on the unified building code, local administration
law and new urban communities law. In addition to other legislations related to the
Infrastructure and land management.
Collecting the legislation data was through reviewing the laws formulating each
entity concerned with planning. The researcher accessed the data base of all legislations
organizing Egypt through the Comprehensive Legal Encyclopedia published by Legal
Arabic Academy as a soft copy and updated through the internet beside accessing the
entities websites and reviewing the mentioned regulations.
Analyzing the interconnections and relationships during the planning
management process will depend on existing analyzed case studies carried out in other
researches and on analyzing the provided framework in the previous chapters from this
dissertation that relies on legislations.
This part provides an overview on some of the spatial policies regarding urban
and housing sector, the government of Egypt (GOE) has a number of sectoral policies in
addition to the new urban communities strategy, rather than a unified or an official
urban strategy (World Bank, 2008, p. 54). New communities in the desert attempts to
offer solutions for the urban challenges in the existing cities, resulting in different
results than expected since it’s initiating in 1970s.
11
1.4.1 National Policies
MHUUD4 held a study called National Urban Policy Study funded by USAID in
1980-1981, which is counted as the only attempt to study the urban sector completely
without sectoral distinguish. Resulting in a 25 working papers introducing
recommendations for urban strategies promoting economic growth, living conditions,
agriculture land protection, population growth limitation, improving urban
development methods. Main recommendations involve supporting, strengthening and
investing in the existing regions and cities; Cairo, Alexandria, Suez Canal cities and
Upper Egypt towns as well as improving institutional framework and offering lands to
encourage manufacturing. The study recommendation mainly focused on the existing
towns and did not recommend developing new cities in the desert regions with utmost
regional development significance (World Bank, 2008, p. 54). The Ministry did not
implement national urban policy study recommendations.
MHUUD formulated this program during the former president Mubarak re-
election campaign. GOPP prepared plans for 50 areas to deliver 90,000-land plot for
citizens, MHUUD provided contracts for citizens who applied to participate in the
program (GOPP, 2012, p. 41). The sites are provided including services for citizens to
build a standard unit of 63 square meters, with cash subsidies depending on the
construction progress (Sims, 2012, p. 163).
The government aimed to provide affordable housing located in new towns and
governorates and to be managed by MHUUD. In 2005 the program was announced to
build and distribute 500,000 units of 63 square meter or 40-35 square meters for
rentals. Private sector participates in financing and constructing these units (Sims, 2012,
p. 162).
Social housing
The program objective is to offer for the low income within five years one million
housing units (400 thousand units in new cities and 600 thousand in governorates), the
apartments areas provided by GOPP are 50 and 70 m2 (GOPP, 2012, p. 43).
12
1.4.3 Desert Policies
MHUUD initiated this new concept to use areas surrounding the cultivated Nile
valley lands within 5 km by reclaiming the land and constructing new communities.
Existing communities fronting desert lands has been reclaiming lands informally for
decades along the desert border (World Bank, 2008, pp. 57,58).
In parallel two policies were adopted for informal settlements, one of them is demolition
and the other is development. USAID, Japanese development agencies, the British,
German governments and others supported upgrading plans and initiatives.
Development plans includes an important key for the government, which is widening
streets to access the settlement through administrative entities involving police, fire
stations as well as local administrative units controlled and regulated by the state
(Singerman, 2009, pp. 134,135). The development includes infrastructure (water,
electricity and sewers) connections paid by the residents. In some cases the residents
5 Tenth of Ramadan, Sixth of October, El Sadat, El Obour, El Badr and New Ameriya
6 New Assiut, New Thebes, New Minya, etc.
13
are already connected to these utilities yet they have to contribute again in the new
installed grids (Singerman, 2009, p. 136).
Another point of view of policy makers, supports preventing installation of public
utilities in order to make the clearance and demolition of the informal settlements easier
(Singerman, 2009, p. 137).
In 1960, Gamal Abd Al-Nasser built the first masakin sha’biya popular public
housing hosting the evacuated inhabitants because of the public projects. Collapsed and
unsafe houses inhabitants were also relocated, in fact the government provided low
quality housing with mutual sanitary and one room per family and these houses are still
used by the transferred families. In 1980, Egyptians living in historic monuments were
also evacuated and supported by relocating them in areas far from Cairo center. Several
events occurred like the ring road construction in 1990, the fire in Qal’at Al-Kabsh in
2007 and the collapse of Muqattam cliff in 2008. These events resulted in relocating the
occupants from their residence location (Florin, 2009, pp. 293,294). Moving inhabitants
from the city to desert periphery is a common act by the Egyptian government were
7 Annex
14
there is lack of services, transportation and job opportunities resulting in difficulties in
commuting to the city and living an adequate life.
Land Reclamation
MHUUD, MODMP and Ministry of Agriculture and Land Reclamation formed several
programs to reclaim desert lands. Land reclamation programs was intended to serve as
a part of regional schemes anticipating population movement to the reclaimed lands in
accordance with other economic activities serving them. However the planned
population movement didn’t fulfill the agriculture, economic or housing expectations.
Since individuals land reclamation activity was relatively small and the majority was
sold to private investors that use irrigation technologies, which doesn’t demand many
labor force for agriculture activity. Resulting in a small number of workers moving to
these areas and contradicting with the expectations of the government planners for
reaching a notable population movement. (World Bank, 2008, p. 62).
According to law No. 4/1994 concerning the Environment protection, any new
establishment, projects, expansions or existing of new establishments must be subject to
Environmental impact Assessment (EIA) before issuing a permit.
15
1.4.8 Local Level Policies
Strategic planning
The word “Strategy” was originally driven from the military use to put a plan for
what must be done to win the war. Basically strategic planning is about reaching an
organization long-term target by identifying certain decisions and activities
(Routledge,2005).
According to the Egyptian building law Strategic Plan is defined as the plan that
determines the prospective vision of the urban development whether at the national,
regional or governmental level as well as the city or village level. Such plans shall further
identify the goals, policies, socio-economic development plans, urban environment
necessery to realize the sustainabl development, future needs for the urban expansion, use
of different lands, implemntation programs, priorities and mechanisms and sources of
finance at the planning level (Article 2 Law 119/2008).
According to the Egyptian building law The National Strategic Plan is the plan
that sets out the urban developing goals, policies and programs for the whole area of the
republic. It further indicates the national projects to be implemented, phases of
implementation and role of both the public and private authorities in such implementation
(Article 2 Law 119/2008).
8 Annex
16
The deficiency of coordination between different plans on the different levels led
to elaboration of a national strategc plan. Subsequently it can help to rapid the
urbanization process in the desert along development corridors branching from the nile
valey towards the east and west and along the coastal areas.
According to the Egyptian building law The Regional Strategic Plan is the plan
that sets out the urban developing goals, policies and programs for each economic region,
it further indicates the regional projects to be implemented, phases of implementation and
role of both the public and private authorities in such implementation with the framework
of the national strategic plan.
Incremntal planning
Incremental planning method means that the public policy is suited to address
the situations gradually rather than holistically and comprehensively. Incrementalism
was advanced as a substitute to comprehensive planning method. Comprehensive
planning necessitates identifying the causes of the situation and all the possible options
to resolve it. Nevertheless public policy making are not agreeable to this approach due
to the time factor, insufficient material and resources. While policy makers are normally
interested in results that corresponds to political objectives rather than comprehensive
studies. It is hypothesized that they prefer incremental method as it minimizes the loss if
an error occurred. Following this approach might be less efficient in facing challenge, for
instance poverty suppression could not be solved using incremental approach.
(Routledge, 2005)
Participatory planning
Comprehnsive planning
An approach that tries to provide integrated solutions using the master plan, the
plans comprises land usage future planning. The method of the comprehsive planning
seems to include several dimensions (economic, social, urban, resources and
enviromental) (Salem, 2007 : Levy, 1999, p. 85).
17
GOPP switched form the Comprehensive Planning to Strategic Planning as the
government orientation is changing towards Participatory Physical Planning, and
applying decentralization in the local urban planning units. The United Nations program
for human settlements supported GOPP. First steps taken were formulating the
reference principles for preparing the strategic urban plans for villages in the whole
country. “The strategic planning for Egyptian villages” program started in 2005,
more than 4200 village (any rural unit includes a main village and number of ElKAFR)
were prepared and approved until 2012 (Mohamed Nada, 2012, p. 6).
The report claims that preparing the strategic plans for villages was a tool to
change the way of the planners approach to a Participatory Planning which is a down
– top method. Since the preparation phase included a big number of consultants, local
universities and consultants’ offices. Nevertheless the strategic plans of the villages’
budgets proposed wasn’t included in the general plans of the state budget, since
providing the GOPP with the financial data wasn’t mandatory. Many proposed projects
were not implemented which limited the practice in providing a vision, implementing
the public participation process and determining the villages possession only, without
moving to the projects implementation phase proposed in the plans (Mohamed Nada,
2012, p. 6).
“Strategic planning for Egyptian towns” program implementation started by
GOPP. Despite the development of the planning thought in preparing strategic plans for
towns, the challenge of linking the Strategic Planning with the budget and
implementing the projects still occurs. Evaluating the Strategic Planning process for
cities proposed that these plans should include preparing plans for private investments
implementation. One of the main tools for assuring the Local Strategic Planning
Process is to train and spread the awareness between decision makers, implementers
and elected councils on the city level. Improving the planning units capacities in the
governorate level is recommended to increase their performance in preparing the plans.
Revising the plans regularly helps in gathering the stakeholders involved in local
planning and updating the land usage and other dynamic urban information (Mohamed
Nada, 2012, p. 6).
After working with the strategic planning approach, the law number 119 year
2008 in the building code was issued to identify the different levels in the Strategic
Planning: regional level, local level including cities and villages. The third chapter is
covering the details of Strategic Planning for cities and villages and its results. Hence
the systematic strategic planning became the methodology used in physical planning
(Mohamed Nada, 2012, p. 7).
In March 2011 the Egyptian government started through Ministry of Planning
and international cooperation in reconsidering the planning system to transform it into
Participatory Planning during preparing the yearly investment plans for the country.
The economic and social 5 year-plans preparation phase is being developed to include
the private sector and the civil society in identifying the short and long development
vision. However since there is no link between the 5 year plan, investment yearly plan
and Strategic Plans on all levels, in addition to the lack of connectivity between the
18
planning system and the available funding present through the state budget. These
obstacles are the challenges confronting the decision makers (Mohamed Nada, 2012, p.
7).
New urban communities authority followed the Comprehensive Planning
Method in planning all the “first, second generation” of the new cities and the “first
settlement” planning located around greater Cairo region (Salem, 2007, p. 129).
Followed planning procedures started by collecting data and doing the sectoral
studies for the new city (social studies – economic – environmental - infrastructure –
transportation and roads – energy resources). Afterwards analyzing the situation and
putting complete different alternatives to evaluate and choose the most suitable
alternative. To achieve the economic and social plan according to the state general
policy (Salem, 2007). The output of this process is a general plan that determines land
uses for a period that reaches 20 or 25 years, and the population, services and industrial
usage during the different development phases for the city. The general plans are
divided into execution phases (Salem, 2007, p. 130).
NUCA exclusively followed the Incremental Planning Method instead of
Comprehensive Planning Method during planning the sixth settlement ElSheikh Zayed
according to their reports for planning the settlements No (6A), (6B). The report
mentions that using the Incremental Planning Method permits experimentation with
the least losses possible during the first phases for the new settlements. However it is
mentioned earlier that a general plan for each settlement is already set and divided into
execution phases, in addition to a detailed planning for each settlement. The procedures
implemented during this case is not following the Incremental Planning Method as
mentioned for the following reasons:
The technical output for (6A) , (6B) is a general plan that illustrates land uses for
twenty years.
Incremental Planning Method is supposed to have a reaction according to the
action taken in the planning, however in ElSheikh Zayed case it was planned from
the beginning.
19
General Organization of GOPP Competent
Bodies
Physical Planning (GOPP) prepare the
strategic plans of the national, Prepares in
regional urban development as well as accordance
with
the governorates plans, in accordance conducted
with the studies conducted by the studies
organization, competent bodies and
consideration of military requirements Strategic Plan of Planning &
for safety. Means, rates and standards National, Regional and Development
Governorates plans Studies
for following up the plan realization
are determined in the urban plans
1.Approves
criteria prepared by the GOPP. 2.Apply or
Supreme Council for Planning exempt all or
and Urban Development shall approve any building
provisions
the strategic plans of the national,
Supreme Council for
regional urban development as well as Urban Planning and
the governorates plans (Article 10 development
No.119/2008).
Figure 1 National, Regional and Governorate Strategic Plans
The Supreme Council for Preparation Process
Planning and Urban Development may Source: Own Illustration based on Law 119/2008
be a causative decree that realizes a
national purpose –apply or exempt all or any building provisions mentioned in the general
strategic plan on a specific building, city, are or parts thereof (Article 17 Law 119/2008).
20
Remarks
Remarks
Present
1.Prepare
2.Amend
Citizens
General Strategic Plan for City
and Village
Relevant Bodies
Final Review
Approves
Local Popular
Councils
Competent
Minister Competent
GOPP Local
Council
Needs & Priorities
Figure 2 General Strategic Plans for City and Village (Local Level)
Source: Own Illustration based on Law 119/2008
9It is the plan of the city or village that identifies the future needs of the urban expansion,
projects and plans of the socio-economic development and the urban environment needed
to realize the sustainable development at the local level within the framework of the future
vision of the governorate plan that includes the city or the village. It further defines the
urban area of the city or the village, uses of different lands, planning and building
requirements within the urban area, implementation programs, priorities and mechanisms
as well as the source of finance (Article 2 Law 119/2008).
21
engineering, consultancy bodies and offices registered at the General Administration for
Planning and Urban Development (Article 11 Law 119/2008).
General Administration for Planning and Urban Development within the local unit
present the general strategic plan project and receives remarks from citizens, relevant
bodies and local popular councils (Article 12 Law 119/ 2008). Afterwards the Regional Center
for Urban Planning and Development conduct the preliminary technical review of the plan
according to the expressed remarks and shall carry out necessary amendments as per the
executive regulations (Article 12 Law 119/2008). At the end the GOPP perform the final
review of the draft plan and approve the same, while the competent minister 10 or
representative shall grant such approval thereof after submitting the same to the competent
local council (Article 12 Law 119/2008).
Beside the mentioned process for planning on the local
level, executive regulation for law 43/1979 article 7 states that General Administration for
the governorate is responsible in the housing, urban and Planning
Approves
The General Administration for Planning and Urban
Development in the governorates prepare the detailed plans
for cities and villages based on the general strategic planning
and approving it according to the provisions of this law and its Local Popular Council
executive regulations (Article 14-15 Law 119/2008). Figure 3 Detailed Plans for City
and Village
A decree by the competent governor approving the Source: Own Illustration Based on
Law 119/2008
detailed plans for downtown, re-delineation, unplanned
industrial, artisan and urban expansion areas and those of peculiar value shall be issued,
after the approval of the local popular council at the governorate (Article 16 Law 109/2008).
The provisions listed in the general and detailed strategic plans of the cities and
villages shall be deemed binding building provisions as those stipulated with regard to the
regulation of building works. The local units shall ensure the application of the provisions
contained in all plans. Local units are not allowed to issue a site or building license in the
programs of the areas of lands allocated for use and infrastructure at the general
strategic plan approved for the city or the village that includes all projects of
comprehensive development in terms of the urban design, land division or sites
coordination proposed to be implemented in the general strategic plan (Article 2)
22
absence of an approved detailed plan, without prejudice of to the provisions of article 15 12
(Article 17 Law 119/2008).
Land division13
Unplanned areas16
12 Annex I
13 Division of land parcel into multiple plots (Article 2 Law 119/2008)
14 Areas that need to be renovated and improved, such areas shall be identified in the city
shall be identified in the general strategic plan approved for the city or village. (Article 2
Law 119/2008)
23
The administrative body authorized with planning and organization 17 shall
announce the unplanned areas-identified in the general strategic or detailed plan as
being areas subject to improvement and development. Bases for identifying such areas
and way of dealing with them are listed in the executive regulations (Article 25 Law
119/2008).
The administrative body authorized with planning and organization shall in
cooperation with the local popular council and civil society representatives, identify the
most important projects required for the improvement of the area. In addition to
determining priorities thereof in light of the state financial resources allocated for such
purposes as well as the resources available from local contributions or any other bodies
(Article 25 Law 119/2008).
The administrative body authorized with planning and organization shall design
the development and improvement plan for the area. The same steps followed in the
preparation and approval on the detailed plan shall be followed in preparing and
approving the improvement plan for the unplanned area (Article 25 Law 119/2008).
24
CHAPTER 2: Central Institutions
Relevant To Urban Planning And
Affiliates
2. Central Institutions Relevant to Urban Planning and Affiliates
This chapter describes the existing ministries involved in physical planning system
and their affiliates responsibilities, regulatory framework and organizational charts.
Ministries follow the central government and elected president appoints the minsters
under the parliament supervision (Shawkat, 2013, p. 15).
Planning levels starts at the national level then it cascades down to regional and
local levels, these plans provides guiding instructions and objectives for the following
plans. Which is then reflected on the different sectoral activities and observed as the
cause of their success or failure. Central institutions and their affiliates start developing
their own plans and programs according to the objectives identified in the five-year plan
(Salheen & El Khateeb, 2008 , p. 4).
Responsibilities
Approve the general goals and development as well as the civil coordination at
the national level
Coordinate between the ministers and bodies authorized with urban
development and uses of state lands to laydown and implement the national
25
strategic plan
Propose and express the opinion in draft laws related to urban development.
Evaluate the general results of implementing the national strategic plan as well
as the regional strategic plans and enable development partners to carry out
their roles and responsibilities in order to realize the national goals
Approve the identification of the re-delineation areas and approve their plans,
implementation programs, priorities and mechanism in addition to sources of
finance thereof according to the proposal of the competent governor
Adapt and approve execution plans, programs, priorities and mechanisms and
sources of financing for the new urban development projects established outside
the urban area of the city or the village, according to the strategic plans of the
governorates and regions approved by the national strategic plan (Article 4 Law
119/2008)
Approve general polices and plans identified by the national agency for civil
coordination NACC (Article 29 Law 119/2008)
Issue a decree upon the bases and requirements of preserving areas, buildings
and establishments of distinct value prepared by the NACC (Article 32 Law
119/2008)
Issue a decree specifying areas of distinct values according to NACC proposal
(Article 33 Law 119/2008)
MHUUD is concerned with the economic, urban and social development (Ministry of
Housing , 2010)
Responsibilities
26
Preparing technical and applied researches in the different majors related to the
Ministry
Setting criteria and patterns for the housing sector including designing
principles, execution regulations for construction work according to law and
decrees issued in this regard
Setting the designs needed for the public and housing buildings, following up the
supervision and suggesting the general policy regarding the building
maintenance
Conduct needed studies for investing Arab and Foreign money included in the
expertise scope of the Ministry.
Organize and coordinate between the activities of authorities and bodies working
in the housing, utilities and urban development field and organizing the
participation in local and international meetings and conferences
Setting training programs for the specialty fields in the Ministry
Draw the general policy to stimulate the cooperative sector
Providing assistance and monitoring the cooperative housing societies
Providing assistance and follow up in all fields for local units, as well as
examining the technical planning and organizational work in the units. (Ministry
of Housing , 2010)
27
Ministry of Housing, Utilities and Urban Development Minister
Urbanizing Sector Housing & Utilities C.A Minister Office Affair Affiliates
Sector
Companies & Authorities, C.A Housing & Utilities G.A Citizens Service New Urban Communities Construction Authority for
Needs Affairs & Authority Potable Water &
Construction Materials Wastewater (CAPW)
C.A Construction G.A Following-up
General Organization for
C.A Needs & Construction Physical Planning Urban Studies & Research
Materials Affairs C.A Needs & Construction G.A Security Fund
Materials
Housing Fund
Companies & Authorities Central Urban
Affairs C.A External Relations G.A Technical Office Organization
National Organization for
Potable Water and Regulatory Agency for
External Financing, C.A Administrative G.A Public Relations Sanitary Drainage Drinking Water, Sanitation
Financial & Administrative Development & Consumer Protection
Affairs & Administrative Public Authority for
Development Minister Secretary A. Construction & Housing holding company for
C.A External Financing Cooperatives drinking water and
sanitation
G.A Legal & Legislative
C.A Financing & Executive Authority for
Administrative Affairs Mutual Projects Information Center
G.A Organization,
Management & Training Construction Authority for
National Center for
Housing Research Potable Water &
G.A Cabinet & Parliament Wastewater (CAPW)
Affairs
Technical Inspection
Device on Construction
Work
Supervision on Arab
Contractors Company
Figure 4 Ministry of Housing, Utilities and Urban Development Organization Structure
Source: (Ministry of Housing, Utilities and Urban Development , 2014) (El-Azim & Alam , 2000)
28
2.1.1 General Organization for Physical Planning (GOPP)
Established according to presidential decree No. 1093 year 1973 (GOPP, 2012, p.
4). GOPP is a state body authorized with mapping the general policies of the sustainable
urban planning and development, preparing plans and programs of such development at
the national, regional and governmental level. Together with reviewing and approving
the urban plans at the local level within the framework of the national, regional and local
goals and policies for sustainable urban planning and development.
The authority shall verify the implementation of such plans and programs
pursuant to the referred to goals and polices. The authority shall further report to the
competent minister in this regard to be then presented before the Supreme Council of
Planning and Urban Development (Article 5 Law 119/2008).
Responsibilities
Set out the national program for preparing the urban development strategic
plans at its different levels
Prepare the urban development strategic plans at the national, regional and
governmental levels in addition to the general strategic plans for cities and
villages
Review, approve and follow up the implementation of the general strategic plans
for cities and villages and urban area thereof
Prepare the specialized sectoral researches and studies on urban planning and
development
Prepare urban plans criteria and monitor their implementation
Organize the exercise of the urban planning and development
Develop and improve the abilities of urban planning departments at the local
units
Improve the implementation mechanisms of the strategic plans at its different
levels along side with the detailed plans
Evaluate and update the data and urban indicators in coordination with data
center at different levels
Propose and express the opinion in laws, regulations and decrees regulating the
urban planning and development (Article 6 Law 119/2008)
GOPP is mandated to enhance the local communities to identify the main
concerns and coincide on the development plan. Including encouraging the
participatory planning in planning the local communities, vitalizing the local
economics and aiding them in adapting sustainable development plans, programs
and projects. Supervising the plans and programs during implementation is the
role of the GOPP (GOPP, 2012, p. 5)
29
Organizational structure
30
General Organization for Physical Board of Directors (BOD) Chairperson
Planning
Chairman
General Department of
Information & Documentation
Under secretary for Centre
regional planning
centers
Regional Center of Vice-Chair of Research, Vice-Chair of Planning Central Department of Central Department of
planning and developing Studies and Regional and Urban development Infrastructure Planning General Secretariat
of Greater Cairo Planning
Regional Center of
planning and developing
General General
of Delta General General General
Department General Department General
Department Department of Department of General
of Population Department of Planning Department of
Regional Center of of Planning Water & Roads, Department of
& Social of Research & Lower Administratio
planning and developing Egypt’s Cities Waste-Water Transportatio (BOD)’s Affairs
Research & Studies Egypt’s Cities n Affairs
of Suez Canal and Villages and Villages Planning n & Ports
Studies
Regional Center of
planning and developing
of Asyut General
General General
General General Department General
Department General Department of
Department Department of Planning Department of
Regional Center of of economic Department of Electricity and
of Regional of technical Upper Financial
planning and developing researches Supplement Communicatio
Planning services Egypt’s Cities Affairs
of Upper Egypt and studies ns
and Villages
Regional Center of
planning and developing
of Lower Egypt
Regional Center of
planning and developing
of Alexandria
Responsibilities
At each region, Regional Center for Urban Planning and Development following
the General Organization for Physical Planning shall be founded to carry out the
competences of the authority in the region. Such regional centers shall further provide
the technical support for the urban planning and development general administrations
at the region governorates. Also those centers are assigned to follow up the preparation
and implementation of the cities and villages plans at such governorates. The
competences of such centers shall be issued by decrees by the competent minister
(Article 7 Law 119/2008).
The Regional Centers for Urban Planning and Development is responsible to prepare
the general strategic plan project for the city or the village. Afterwards the general
administration for planning and development in the concerned governorate receives notes
from citizens and relevant stakeholders. Subsequently the regional center reviews the notes
and carry out the necessary amendments (Article 11,12 Law 119/2008).
Financing
32
Financed through annual governmental fund as well as finances drawn from the joint
research work done with international agencies such as UNESCO. Research studies are
also held in cooperation with local agencies such as the Egyptian Academy for Scientific
Research and Technology (Salheen & El Khateeb, 2008 , p. 7).
Secretary
Technical Inspection on
Center General Manager Center General Secretariat
Construction Work Authority
Environmental Buildings D.
D = Department
A = Administration
Construction and Metal Buildings D.
33
NUCA has a juristic and independent personality, subject to the provisions of the
law on public administration (Article 27 Law 59/1979). The authority is the states
machinery responsible for establishing the new urban communities (Article 2 law
59/1979) and preparing relevant general and detailed plans in accordance with the
state general plan (Article 7 law 59/1979). Until the new urban community is handed
over to the local government as stated in article 5018 in law 59/1979, it shall have all
powers, competences and financial resources prescribed by the law for local units
(Article 13 Law 59/1979). It may establish agencies for the development of the new
urban communities (Article 27 Law 59/1979)19.
Ministries, local units, organizations and other agencies should provide all the
details, data, research and reports connected with NUCA work (Article 48 Law
59/1979).
18 A decree of the cabinet shall be issued at the proposal of the quarter to which the
authority is attached, to hand all new urban communities after completion of their
constituents and basic utilities, to local government units in order to exercise their powers
according to the aw on organization of local government. The decree issued according to
the previous clause shall determine the rights and obligations of each of the competent
authority and local unit.
19 Law No. 59 year 1979 Published in official journal Issue No. 48 in 11/29/1979
34
executed either through the authority or the competent development agencies or
by any other method the authority considers suitable
Concluding loans or obtaining grants in accordance with regulations to assure
adequate financing for projects
Assisting in providing equipment and materials for implementing the projects
(Article 28 Law 59/1979)
Propagate for marketing of selling, leasing or using the new urban communities
land
The authority has the power to divide the new urban community into towns,
villages, areas and districts. In addition to setting in advance construction
conditions and descriptions to them
Board of Directors
Competences
The board has supreme control of the authority’s affairs it has the power to:
Lay the policies for new urban community establishment
Approve the draft-planning budget and the long, medium and short-term projects
plans
Identify the most suitable design for every new urban community
Approve the draft annual budget and the closing account of the authority
Draw the policy for the new urban community management approaching
transferring of duties to the local government units
Approve the authority’s organizational structure and establishing the
development agencies of the new urban communities
Consider the periodical reports submitted on the progress of work and financial
situation
Consider all issues within the scope of the authority’s power (Article 36 Law No.
59/1979)
35
A decree to form the board has to be issued by the president (Article 30 Law No.
59/1979).
Chiefs of development agencies of the new urban communities attend the board’s
meetings. While each of them holds a counted voting with respect to subject related to
their powers (Article 30 Law No. 59/1979).
Competences
Financing
Authority Capital
Resources
36
The funds of the authority are considered as special funds (Article 31 Law No.
59/1979) NUCA have a special budget and annual fiscal year, while the annual surplus
devolve annually to the public treasury (Article 33 Law No. 59/1979).
Development agencies
NUCA may establish agency for developing the new urban community and
according to each case the responsibilities and powers are identified by NUCA (Article
44 Law No. 59/1979).
The committee is formed in each urban community agency, under the presidency
of the agency chairman and membership of:
Deputies of the chairman of the agency
Heads of financial, projects affairs, real estate, legal and development affairs
(Article 5 Law 3/2001)
Competences
Determine the needs of the new urban community in relation to the different
utilization of the lands, in cooperation with technical affairs to cope with the
general and detailed plan approved for the community
Distribute the activities
Study the applicants reservation applicants and checking up their details and
documents
Recommend the allocation of lands according to the utilization in accordance
with the general planning of the community
Follow up the execution of projects to guarantee their compliance with the
planning regulations and approved schedule
Propose solutions for problems facing the urban community agencies (Article 5
Law 3/2001)
Principal Committee
37
Responsibilities
38
New Urban Communities Authority Board of Directors Chief
Legal Affairs
Administrativ
New Urban Commercial & Supervision & Planning & Projects
e& Procurement Funding & Agriculture & Utilities Companies Tender &
Communities Real Estate Executing Preparing Researches &
Individuals & Storages Investments Irrigation Affairs Affairs Contracts
Affairs Affairs Projects Projects Studies
Affairs
Public Administrativ Commercial Procurement Funding Irrigation & Electricity Mutual Housing Tender Planning Survey Studies
Services e Affairs Affairs Drainage Grids Companies Affairs Projects
Affairs
Storages Investments Contracts Urban Studies
Economic Individual Real Estate Agricultural Water Grids Commitment Public Drawing &
Activities Affairs Affairs Affairs to rights Buildings Designs
Accounts Feasibility
Development Companies Affairs
Sanitation Studies
Social & Animal
Cultural Production Roads & Lands Studies
Development Bridges
Water Studies
Figure 7 New Urban Communities Authority Organization Structure
Source: (El-Azim & Alam , 2000, p. 226)
39
2.3 Ministry of Planning
Responsibilities
40
Ministry of Planning Minister of Planning
C.D
C.D C.D C.D C.D Quality
Informatio C.D
Services Housing & Education Sector & C.D Plan C.D C.D Public
n& Preparing
Activities Manpower & Research Councils Follow up Funding Account
Decision the Plan
Making Affairs
Support
C.D Financial
C.D Human
&
Resources C.D
Administrativ C.D Cairo and
Development C.D Upper Preparing&
e Affairs Nile Delta
Egypt Region Evaluating
Regions
the Plan
C.D
C.D
Constructi C.D C.D
Agriculture
C.D Energy on, Production Industry &
&
Housing & Services Business
Irrigation
Facilities
41
2.4 Ministry of State for Environmental Affairs (MSEA)
MSEA – Chairman
Management Board
C.D C.D
Engineering Affairs CEO Office
G.D C.D
Env. NGOs Affairs Information & Computer Center
G.D
Planning & Follow-
up C.D Cooperation, International
Board of Directors G.D Relations & Technical Support
Secretariat
C.D Protect & Improve Industrial
G.D
Legal Affairs Environment & Energy
G.D C.D
Citizens Services Climate Change
G.D
Env. Elsalam Garden C.D Organization, Management &
Training
D
Security
C.D
Crises & Environmental Disasters
D
Public Relations
C.D S S S S S
Publication,
Culture & Fin. & Admin. Nature Branches Environment Environment
Environmental Affairs Protection Affairs Quality Management
Awareness
S: Sector
C.D: Central Department
G.D: General Directorate
D: Department
42
2.7.1 Egyptian Environmental Affairs Agency (EEAA)
Established in 1982 and restructured by law 4/1994 for the environment protection,
EEAA acts as the executive arm of the MSEA.
Responsibilities
43
Administrative Council of EEAA
Membership
RBO within its geographical area has the authority and powers of EEAA (Article 1
Law 56/2000).
Responsibilities
44
Strengthen the cooperation between MSEA, EEAA and governorates (Article 2
State Minister for Environmental Affairs Decree No. 56/2000)
The facility goal is to inventory the informal areas and develop them, putting an
architecture plan, providing infrastructure. The ministries, the concerned party and
local administrative unit shall provide the ISDF with the technical data and expertise
needed (Article 2 Presidential decree 305/2008)20.
Responsibilities
Financing
20 Presidential decree No. 305 Official Journal – Issue 42/ Bis on 18th October 2008
45
The fund has a special budget within the state budget and special accounts were the
surplus from this special account is rescheduled to the next fiscal year plan (Article
10 presidential decree 305/2008).
Organizational Structure
Board of directors is formed to manage the ISDF, with the presidency of Ministry
of Local Development, and the membership of six members representing ministries. The
members represent ministry of Finance, Electricity, Energy, International Cooperation,
Economic Development and Housing. in addition to three representatives from the civil
society institutions, business sector and civil associations chosen by the cabinet
president (Article 3 Presidential decree 305/2008).
The facility has an executive manager, responsible for managing its affairs and
supervising the technical, administrative and financial issues (Article 6 Presidential
Decree 305/2008). Legal affairs and media unit follows the executive manager directly
(Informal Settlement Development Facility, 2012). The executive manager is assigned
through a decree by the cabinet president.
Technical affairs unit includes the technical studies for inventory and
categorizing the priorities for developing the informal settlements. In addition to
preparing the executive plans for developing unsafe areas, coordinate with urban
planning to provide essential infrastructure, constructing housing, providing training,
development and monitoring the work execution. Executive affairs unit responsible for
housing and essential infrastructure ex: paving roads, water, sanitation and electricity.
Informational system unit includes information planning and assuring high efficiency in
working with these systems. Financial and administrative unit includes the financial
supervision and monitoring for the facility (Informal Settlement Development Facility,
2012).
46
Informal Settlements Development Facility
Cabinet
president
Informatio Financial
Technical Executive and Legal
nal system Media unit
affairs unit affairs unit Administr affairs
unit
ative
Figure 10 ISDF Organization Chart affairs
Source: Own Illustration
Setting general policies for land reclamation field and horizontal expansion on
the republic level through surveying lands utilizable for reclamation. Relying on
water resources identified by MWRI according to reclamation programs agreed
by the two ministries
Studying methods for providing essential elements of land reclamation. As well
as upgrading efficiency and tools of implementation in order to achieve the state
goals on the green revolution field
Participating with MHUUD in setting policies and programs related to new
communities. Besides coordinating with other competent ministers in public
utilities planning and services related to land reclamation projects
Supervising sectors affiliates to the ministry and evaluating their projects
implementation
Studying mutual agriculture and industrial projects in areas of land reclamation,
formulating deals either on the local or international level. Then distribute it on
different sectors and supervising the projects implementation
Supervision on execution of disposal of reclaimed, fallow or desert lands
according to laws
Supervision and coordination between the authorities working in land
reclamation field to achieve accuracy during implementation
Carrying out studies and researches related to agriculture, livestock and fish
production
47
Drawing the resettlement policy in the reclaimed lands to distribute the high
density concentrated in cities (Article 1 Presidential Decree 264/1978) 21
21 Presidential decree No. 264 – Official Journal 20 July 1978 – Issue No. 29
48
Ministry of Agriculture and Land Reclamation Principal Bank for Development and Agricultural
Credit
General Authority Executive for Land
General Federation of Producers &
Agrarian Reform General Authority Improvement Projects
Exporters of Horticultural Crops
General Authority for Agriculture Fund General Authority for Veterinary Services
Livestock Development Fund
Budget General Authority for Fish Wealth
Cooperative Union of Aquatic
Improvement of Cotton Fund General Authority for Development of the High
Wealth
Egyptian Agriculture Fund Dam
Sugar Crops Council
Minister Agriculture Research Center Egyptian Agriculture Authority
Cooperative Union of Agriculture
Livestock Insurance
G.A Projects Coordination and Desert Research Center
Agriculture Affairs in COMESA States General Authority for Reconstruction Projects &
Crises Management Unit Agriculture Development
C.A Financial Affairs C.A Livestock C.A Resettlement C.A Agriculture C.A Agriculture & C.A Agriculture C.A Minister Office
Production Cooperation Environment Economy Affairs
Guidance
C.A Administration C.A Developing New
C.A Agriculture C.A Agriculture C.A Information,
Development Lands C.A Seeds
Industry & C.A Orchards & Planning Documentation &
Production
Production Supplies Agriculture Crops Decision Making
C.A Medical Services Support
C.A Fighting & C.A Training
Protecting Plants C.A Lands & Water
49
2.7 Ministry of Tourism
22 Presidential decree No. 712 - Official Journal 31 December 1981 – Issue No. 52
50
Ministry of Tourism General Bureau Ministry Office
51
2.8 Ministry of Foreign Trade and Industry (MFTI)
Presidential decree No.361 Year 199923 and No.420 Year 200524 regulates the
responsibilities and power of Ministry of Industry. It mainly focuses on the industrial
activities except for the following practice; “Preparing plans for industrial development
on the national and governments level“ (Presidential Decree No. 361 Year 1999 Article
1).
In the official planning process Ministry of Defense is responsible for approving all
plans on the national, regional and local level. However MOMDP is involved in housing,
hotels and other projects independently.
In 1993, the Ministry of Culture name changed to Ministry of Culture and Al Tansiq Al
Hadari Civil Coordination and a new office in the Ministry was established. The founded
office is responsible for the aesthetic values of all structures and cities in Egypt.
Changing the name provided area for the Ministry to intervene in the public urban space
(Adham, 2009, p. 59).
Established by presidential decree 37/2001, the agency has a domicile at Cairo city
and a regional center at each economic region to carry out the agency competences.
Upon a resolution by the agency head, branches and offices shall be established
throughout Egypt in governorates, urbanized cities, tourist areas, new urban
communities and areas of distinct value (Article 28 Law 119/2008). The national agency
is responsible for realizing the civil coordination goals prescribed in the presidential
decree.
Responsibilities
buildings, architectural and historic space as well as the visual appearance for all urban
areas in the republic in parallel with preserving natural elements and locations (Article
27 Law 119/2008)
52
Draw the general policy of civil coordination and lay down detailed and executive
plans and programs in coordination with competent bodies
Propose and express opinion in draft laws and regulations related to civil
coordination
Lay down standards and criteria for civil coordination
Prepare detailed researches and studies in the civil coordination field
Coordinate with competent bodies to realize the goals and objectives of civil
coordination (Article 29 Law 119/2008)
Prepare civil coordination project to develop and improve certain areas and
supervise the implementation (Article 30 Law 119/2008)
Prepare bases and requirements of preserving the areas, buildings and
establishments of distinct value (Article 32 Law 119/2008)
Identify areas with distinct values according to the requirements set (Article 33
Law 119/2008)
Prepare unique designs for areas and buildings of value, natural or cultural
locations (Article 34 Law 119/2008)
Competences
53
Assembling the governorates projects and determining the proper funding
sources
Participation with Ministry of Agriculture and governments in preparing and
documenting maps. The maps specifies towns and villages cordons and
supervising the commitment of this maps after approving it
Founding a central database about poor and informal areas including: housing
situation – social and services situation – natural resources – problems and
challenges. This database has to be prepared from the existing registered
information in the villages database
Proposing the financial distribution allocated for local development projects on
the governorates level. According to the agreed criteria that specifies the
development and areas priorities.
Checking the rules regulating the quarrying in governorates and reaching unified
rules that serves development
Carrying out studies and researches related to local development, slums
development and limiting repeating its occurrence. Through supporting these
developments success via participating with competent authorities and experts
Developing the General Secretariat for Local Administration in a way that ensures
meeting all the needed local rural and urban development. According to the state
policy
Participating in preparing and training the human resources to manage the local
units and supervising their performance
Developing the awareness in villages and neighborhoods. To introduce the
importance of public participation in developing projects and maintaining public
utilities
Participating in providing loans
Participating with governments and environmental affairs authority in
identifying the projects priority for environmental projects, providing resources
for these projects and supervising its execution
Suggesting legislations, regulations and decisions needed to push the local
development and productive cooperation (Presidential decree No.380/1999)
54
Ministry of Local Development Minister
The organization was founded through presidential decree no. 891/1973. The
governorate has a vast Interest in reconstructing the villages to improve the living
quality in Egypt. The organization follows minter of local development, while it depends
on a number of permanent and temporary committees. Including experts in addition to
its organizational structure. Formation of such committees is specified through a decree
issued by minister of local development. Organization for reconstruction and
development of Egyptian villages (O.R.D.E.V) communicated with all governmental
authorities and local units. In order to get the available data, surveys and reports to aid
in planning, implementing and supervising the projects. In addition to carrying out
studies, development researches and providing technical support for villages
development projects (Ministry of Local Dvelopment ).
Responsibilities
The organization is responsible for implementing the state general policy concerning
building and developing the Egyptian village. In coordination with the ministries, local
units and stakeholders through:
Proposing general plan for village development
Working on the plan implementation according to an approved timeframe
Implementation supervision and providing periodical reports to the minister of
local development
Evaluating the available capabilities in the local units and identifying the support
needed either financial or technical experience
Carrying out studies and researches for the village development regarding social,
economic, urban, technical and implementation aspects. In cooperation with
stakeholders and specialist experts
Prepare and implement training programs and other needed programs to
implement the reconstruction village plan (Ministry of Local Dvelopment )
56
Organization for Reconstruction and Development
of Egyptian Villages
Authority Chief
57
Table 1 Preparing and Approving Plans on National, Regional and Local Level (Based on law 118/2008 & World Bank, 2007)
N=National, R= Regional, L= Local
N R L N R L
Central Level
58
Development for regions with economic and social
priority.
Preparing urban development plans
for cities, villages, new communities
and desert land.
Drawing housing and urban
development policies.
Preparing plans and executive
programs for drinking water and
sewage (Ministry of Housing , 2010).
59
6. Ministry of
Planning
7. Ministry of Setting policies for land reclamation,6. For all cities and villages with
Agriculture and horizontal expansion and resettlement agriculture land within the
Land Reclamation policy. administrative boundaries.
Parricipating in setting policies related
to new communities and other
projects related to land reclamation.
60
projects.
Particpating in preparing integrated
national coastal plan (Mediterranean &
Red Sea).
Formulating enviromental policies.
61
18. National Agency Draw general policy of civil
for El Tanseek El coordination.
Hadari Civil Prepare detailed and executive plans.
Coordination Prepare projects to develop and
improve certain areas.
Prepare unique designs for valuable
locations.
Institution Implementation, & Evaluation & Studies Support & Preparing laws &
Supervision Coordination Other activities
Supreme Council for Evaluate implementation Coordinate between Prepare and provide
Urban Planning results. ministries and other opinion in laws.
entities. Issue a decree upon the
62
requirements of
preserving distinct value
areas.
Issue a decree specifying
areas of distinct values.
Ministry of Housing, Supervision of planning Studying geographical Coordination between Setting criteria and
Utilities and urban activities on the local location and different stakeholders patterns for housing
Development level. environmental capacities working in housing and sector.
Supervising the urban on the local level. urban field. Setting designs for public
development plans on Technical researches Provide training housing and
the local level. related to the ministry. programs. maintenance policy.
Studies for investments Providing assistance in
within the ministry all fields for local units.
scope.
GOPP Improve implementation Prepare sectoral Advance urban planning Organize urban planning
mechanism of strategic researches related to departments on the local activities.
and detailed plans. urban planning and level. Propose and express
Supervise plans and development. Encourage participatory opinion in related laws.
programs Evaluate and update the planning on local level.
implementation. data at different levels.
Regional Center for Follow up planning and Provide technical
Planning and Urban implementation on the support on local level
Development local level.
Urban Studies and Supervise preparing Preparing technical Provide technical and Choose best projects
Research Funds projects related to studies for new urban consultancy experience. through competitions.
63
urbanism. communities location. Establishing information
center.
Housing and Building Holding research
National Research Center activities related to
planning sector, in
cooperation with GOPP
and different agencies.
New Urban Communities Implementing and Studies for new Organizing and
Authority following up plans and communities selection. exchanging consultations
policies for establishing Evaluate achievement. with different entities.
new communities. Providing financial and
Studying best technics
Supervise the for utilities execution. technical support during
implementation. implementation.
Assisting in providing
equipment to execute
projects.
New Urban Communities Consider the submitted Chairman identifies the
(Board of Directors) periodical reports. authority regulations.
Approving draft planning
budget and the long,
medium and short term
projects plans.
EEAA Following up Preparing annual report Preparing legislation and
implementation. on the state of decrees drafts.
environment studies.
64
Setting standards for
projects.
Regional Branch Office of Following up Developing annual Support local units in Review and declare EIA
EEAA implementation on reports on the preparing protection studies.
governorates. environmental status. plans. Receive environmental
Implement Coordinate with local complaints and proceed
environmental policies, units in: accordingly.
laws and decrees. Implementing
Oversee facilities administrative and legal
environmental plans. measures.
Follow up facilities Managing unsafe and
environmental terms waste materials.
fulfillment. Providing environmental
Follow up local units training plan and
fulfillment to waste awareness program.
management and Providing technical
environmental standers. support.
Strengthen cooperation
between MSEA, EEAA
and governorates.
Informal Settlement Supervising the unsafe Inventory of informal Encourage civil society
Development Facility areas planning. settlements and contribution.
Monitor the development categorizing them.
plans. Inventory of facilities
65
existing in the unsafe
areas.
Prepare reports on the
work results.
Ministry of Agriculture Supervising the ministry Studying methods for Coordinate between
and Land Reclamation affiliates and authorities providing and upgrading authorities working in
working in land essential tools. land reclamation field.
reclamation projects Evaluating affiliates
implementation. projects implementation.
Supervising execution of Studying mutual
land disposal. agriculture and
industrial projects.
Prepare studies related
to agriculture, livestock
and fish production.
Ministry of Tourism Supervising development Prepare studies Preparing and issuing
and construction of recognizing all related legislations for
different touristic areas resources, requirements implementing general
and buildings. for planning, monitoring policy.
and evaluation.
Preparing feasibility
studies for touristic
projects.
Ministry of Culture and Responsible for the
Civil Coordination al aesthetic values of all
66
Tansiq al Hadari structures and cities in
Egypt.
National Agency for Civil Supervise civil Prepare researches and Coordinate with Propose and express
Coordination El Tanseek coordination projects studies in civil competent bodies. opinion in draft laws
EL Hadari implementation. coordination field. related to civil
Prepare standards for coordination.
civil coordination and
requirements of
preserving areas of
distinct values.
Identify areas with
distinct value.
Ministry of Local Supervising programs Establishment of central Coordinate between Suggesting legislations
Development execution. database about poor and different stakeholders in and regulations needed
Identify environmental informal areas. all governorates. for local development.
projects priority in Preparing studies related Develop General
coordination with to local and slums Secretariat for Local
governments and development. Administration.
environmental authority. Participating in training
Supervising the human resources.
environmental projects Raising awareness in
execution. villages and
neighborhoods.
Organization for Working on general plan Preparing studies for Provide training
Reconstruction and for village development villages development and programs to implement
67
Development of Egyptian implementation. preparing periodical the reconstruction
Villages reports to the minister of village plan.
local development.
Evaluating local units
capabilities.
68
2.12 Summery
This chapter identifies the different central institutions relevant to urban planning and
affiliates responsibilities see Table 1. Several bodies are involved in preparing plans on
the central, regional and local level:
MHUUD, GOPP and the National Agency for Civil Coordination are responsible for
drawing plans and preparing policies on the national, regional and local level
Regional Center for Planning and Urban Development and the Authority for
Tourism Development are responsible for preparing plans on the regional and
local level
NUCA and Organization for Reconstruction and Development of Egyptian villages
prepare the plans on the local level
Ministry of planning and the regional branch office of EEAA prepare plans on the
regional level
Ministry of Agriculture and Land Reclamation set policies on the national and
local levels
Ministry of Foreign Trade and Industry prepare plans on the national and local
levels
EEAA, Informal Settlement Development Facility and Ministry of Tourism
prepare policies and plans on the national level
Local Development Ministry plan resources on the national level
Supreme Council for Urban Planning and Operation Authority for Military Force
approves the plans on the 3 levels
GOPP, Ministry of Agriculture and Land Reclamation, Egyptian Authority of
Antiques, Ministry of Awkaf, Ministry of State for Environmental Affairs and
authority for Tourism Development are responsible for approving plans on the
local level
69
CHAPTER 3: Regional And Local
Administrative System
3 Regional and Local Administrative System
3.1 Introduction
On the regional level dividing Egypt into planning regions was proposed to the
ministerial committee of local development in 1974. This committee agreed on the
concept. Afterwards a special committee was formed to develop a proper division
scheme. It decided upon the fundamentals that will be used for dividing the country into
regions. Based on the following;
Not considering the regional level as a local administrative level and considering it as
a planning level preserving decision making obligatory power without its execution
Adhere to the current administrative borders of governorates as much as possible
and rethink about it in the future according to the actual practice
The geographical nature of the region
Considering reasonable population densities between the regions
Economic integration
Existence of an urban center or more as big cities, universities or a nucleus for these
universities (El-Azim & Alam , 2000, pp. 181, 182)
On the local level Egypt is divided administratively into 27 governorates
according to the state information service. The governorate is the highest level within
the local administrative system that includes five levels (Governorate, Markaz, City,
District “in cities the districts are divided into sections then Shiyakhat”, village). All the
administrative levels have a legal status (Article No. 1 law 50/1981). Governorates are
either entirely “Urban” or combination between ‘Urban” and “Rural” areas (State
Information Service , 2014). The urban governorates does not contain Markaz as shown
in Figure 16. Law no. 43/197928 amended by laws no. 106/1987, 145/1988, 9/1989,
84/1996, and 96/2003 organizes the local administration system.
28 Law No. 43 Official Journal – Issue No. 25 (supplement) on 21st June 1979
70
Central Authority
Governorate Governorate
(Simple/Completely Urban) (Complex /Rural & Urban)
City Markaz
City Village
Shiyakha
Central Sinai governorate will be created with boundaries on the Suez and Aqaba
coast
10 of Ramadan governorate
25 January governorate will include Helwan and Tora districts
Al-Alamein governorate will be created, extending south to the Qattara
Depression
Wadi Al-Natroun governorate up to Sadat city west of Cairo (Ahram Online,
2012)
29Alexandria, Aswan, Assiut, Beheira, Bani Suif, Cairo, Dakahleya, Dumiat, Fayoum,
Gharbeya, Giza, Ismalia, Kafr El Sheikh, Matruh, Menya, Monufeya, New Valley, North
Sinai, Portsaid, Qalubiya, Qena, Red Sea, Sharkia, Sohag, South Sinai, Suez and Luxor. See
Fig.17
71
“villages” despite that the population might exceed 150,000 citizens (World Bank, 2008,
p. 44).
Governorates: Governorates are either entirely urban or complex, including one
or several urban and rural communities (World Bank, 2006, p. 14). Through a decree
from the president of the republic, the governmental borders could be one city ex: Cairo.
The governor represents the governorate as well as the local governments units before
justice and before the others (Article 4 Law 43/1979).
72
Markaz, city and districts: created through a decree issued by the prime
minister after the approval of the governorate popular council. Markaz; comes after the
governorate in the administrative hierarchy, including a capital city in addition to other
cities and villages. City; exists in the urban and mixed governorates; some governorates
has one city, which is considered as the capital of the governorate. In the mixed
governorate a capital city of Markaz exists or as a fundamental city. District is divided
into sections, which is divided to Shyakha. Village; there are two types of villages either
village that is included in the local unit system or satellite villages, which is not
considered as a part from local government units (World Bank, 2006, p. 14)
73
Villages: the village local unit borders may include a group of adjacent villages,
through a decree issued by the governor. According to a proposal from the competent
local popular council of the district and the approval of the governorate popular council.
Each unit in the local governorate has a local popular council and executive
council; the first is formed by direct election according to article 3 in Law 43/1979
substituted by 84/199630. The local popular council members shall include at least 50%
workers and peasants. Head of the local popular council represents it before justice and
before others.
Article 2 in law No. 43/197931 allows the local administration to manage and
establish public utilities within the general policy and state general plan. However the
national utilities shall have a decree issued by the president specifying the utilities
managed and established by the governorate and the ones managed and established by
the local administration units. In addition the governorate manages the utilities that are
out of the local units competence.
30 Law No. 84 Official journal – Issue No. 24/Bis on 21st June 1996
31 Article 2 substituted by Law 5o/1981
74
Figure 19 Egypt seven regions map
Source: (GOPP, 2015)
Responsibilities
75
Prepare the regional planning according to priorities and standards identified by
the committee for regional planning. In addition to supervising the plan
implementation after its approval
Responsibilities
Responsibilities
3.3 Governorates
3.3.1 Governor
77
Governor is also required to supervise the national utilities within the
governorate and responsible for all branches of the ministries. Whose
competences have not been transferred to the local units, except the judicial
authorities (Article 27 Law 43/1979)37
Submitting periodical reports to the minister of local administration on the work
results of different activities practiced by the governorate. Minister of local
administration, submits to the prime minister periodical reports on work results
in different governorates after studying them (Article 29- Bis Law 43/1979)38
Governorate local popular council in relation with other local popular council
within the scope of the governorate shall be concerned with the following:
Supervision and control of the works and activities of these councils
Authorizing or objecting the resolutions issued by these councils within the limits
stated by the executive regulations
Approving the proposals of the councils to establish or to cancel local units
within the scope of the governorate (Article 13 Law 43/1979)41
78
Governorate local councils have the right to question the governor, governor’s
assistances, heads of departments and the chairman of public authorities within the
governorate scope (Article 19 Law 43/1979)42.
Each markaz shall have a chief, selected by the prime minister. The chief shall
have the powers of deputy minister and director of department in the financial and
administrative matters (Article 44 Law 43/1979)43.
The council with the assistance of the markaz chief, is responsible for laying
down the administrative and financial plans. As well as executing the resolutions of the
markaz local popular council and shall take charge of:
Furnishing the towns and villages with administrative and technical needed
requirements
Providing financial aid to the towns and villages whose own finances are not
sufficient
Carrying out the projects which the towns and villages are unable to undertake
Studying and proposing the execution of joint projects which serve more than
one local unit within the markaz scope
Coordination between the projects of the towns and villages
Following up the works run by the markaz executive machineries
3.5 Towns
Each town shall have a chief. Having the powers of the ministry deputy, and the
director of the department in the financial and administrative matters concerning the
town machineries and budget (Article 55 Law 43/1979).
A local popular council shall be formed on the town level (Article 47 Law
43/1979)47 and shall be responsible for:
The executive council shall be formed in each town, headed by the chief of the
town and the membership of:
Directors of services and production departments in the town
The town secretary
The council with the assistance of the town chief is responsible for laying down
the administrative and financial plans and carrying out the resolutions of the town local
popular council. In addition to studying and investigating the submitted subject by the
local popular council or the town chief, the executive council shall specially take charge
of the following:
3.6 Quarters
There shall be a chief for each quarter, having the powers of the ministry deputy,
and the director of the department in the financial and administrative matters.
The council shall take charge of control and supervision on the various utilities, and
shall be responsible for:
Confirming project of the plan, and project of the annual budget of the quarter
and following up its execution and authorizing the budget of final account.
Proposing plans for raising productive efficiency (Article 61 law 43/1979)
Collecting the finances stipulated to the town local council in Article 51. With the
exception of the finances, which the town local popular council decides to collect
directly by the other machineries of the town (Article 62 law 43/1979)
Formed in each quarter, headed by the chief of the quarter, and membership of:
Directors of services and production departments in the town
The town secretary
82
Quarter executive council shall take charge of assisting the chief of the quarter in
laying down the financial and administrative plans. Moreover it shall study and
investigate the subjects that may be submitted by the local council or the chief of the
quarter, it shall specially take charge of:
Control on collecting the fees stipulated to the quarter local council
Laying down rues which guaranteed good work progress
Following up the works managed by the executive machineries of the quarter,
and valuating the level of performance, good execution of the projects and
services
Proposing the credits, which shall be allocated for investments on the quarter
level
3.7 Village
There shall be a chief for each village, having the powers of the ministry deputy, and the
director of the department in the financial and administrative matters.
In each village, a local popular council shall be formed; the council within the
general policy scope shall take charge of control on various utilities. In addition
to proposing the village development plan, from economical, social and
reconstruction point of views
Proposing the budget project, and confirmation of the final account project
Proposing the facilities of public participation by their self efforts
Spreading agriculture awareness
Proposing to establish various public utilities in the village (Article 68 Law
43/1979)
Village executive council shall take charge of assisting the chief of the village in
laying down the financial and administrative plans. Besides executing the
resolutions and recommendations of the village local popular council
Study and investigate the submitted subjects by the local popular council or the
chief of the village
Control of collecting the village funds
Providing assistance to the utilities, establishments and local machineries
Laying down the rules which guarantee good work progress
Investigating the public requirements of utilities, services and projects necessary
for the economic, social and reconstruction development for the village
3.8 Financing
Common finances with all the governorate, includes the following: Article 35
Law 43/197949 states that the governorate shall take half of the additional tax on the
exports and imports, movable estate tax, trade and manufacture within the governorate.
While the other half shall be deposited in the balance of common finances. However law
no 187/198650 cancelled the exports and imports additional tax. The minister of local
development is obliged to issue a resolution for the distribution of the proceeds of the
common finances on the different governorates.
A special account shall be established for financing economic housing projects, includes
the following:
Amounts allocated for the purpose of economic housing in the governorate
Proceeds of rents and premiums of possessing the building units owned by the
governorate
The governorate local popular council shall establish an account for services and local
development, including the following:
Fees imposed by the governorate popular council in favor of this account
Profits of the productive projects financed by the account
Contributions, donations and wills, which the local popular council of the
governorate approves to allocate them for this account (Article 37 Law 43/1979)
The markaz local popular council shall establish an account for the markaz
services and development, including the following:
The allocated budget by the governorate local popular council for the district
Proceeds of the district investments and revenues of the utilities run by it
Governmental subsidies
Contributions, donations and wills, approved by the prime minister
Loans concluded by the council (Article 43 law No. 43/1979)51
The allocated funds in favor of the town by the governorate local popular council
Proceeds of improvement recompense imposed on the lands, which benefited
from the public works
Fees imposed by the town local popular council within its scope on the following:
Registrations
Licenses
Road constructions
Public utilities, industrial and commercial structures
Commercial and fishing ships
Private markets
Consumption of water, electric current and gas within the limit of 1% of the
consumption value. If the council did not take charge of exploiting these utilities
by itself
Utilization of seashore and coasts or their exploitation
Renting taxes paid by occupants of built real properties
The town council resolution in respect of imposing the duties stipulated upon
article 51 shall not be applicable except after the approval of the markaz local popular
council and the governor.
Revenues of the village funds and the utilities, which are managed by it
Funds allocated by the governorate popular council for the village
Governmental subsidies
Contributions, donations and wills, approved by the prime minister
Loans concluded by the council
A special account shall be established for services and local development, whose
finances are composed of:
75% of the proceeds of the duties imposed according to the provisions of article
(37), collected within the scope of the village.
The finances of the projects, which are run on the basis of capital turnover
Recompense of taking possession of buildings
Rents of the housing buildings and utilities
The share of social services from the profits
Subsidies, contributions, donations and wills approved by the prime minister
(Article 70 Law 43/1979)
The finances of the account of services and local development in the village, shall
be employed according to the village local popular council determination for the
following purposes:
87
Institution Prepare Approve Prepare Plans and Set Policies Approve Plans
Plans and Plans
Set Policies
N R L N R L
Local Level
88
3.9 Summery
Egypt is divided into seven economic regions. Beside the economic regions a local
administrative system exists including five administrative levels: governorates, Markaz,
City, District and village.
Governorates are either fully urban or composed of rural and urban/complex
governorates. Complex governorates contains the Markaz level while the fully urban
doesn’t include it. Markaz, is under the governorate in the organizational pyramid, it
comprises one capital city, cities and villages. City administrative level exists in all
governorates, some governorates comprises one city. Districts split into sections, which
is then divided to Shayakha. Village is a component in the local administrative system,
which is under the Markaz in the organizational pyramid.
All the units in the local governorate contain local popular council and executive
council. Local popular councils are elected while the executive councils members are
appointed as well as the governors and chiefs of the local units.
Financing the different governorates occurs through the minister of local
development. Each governorate has special finances including taxes on vehicles,
governmental subsidies and contributions and wills approved by the prime minister.
89
CHAPTER 4: Infrastructure
Facilities
4 Infrastructure Facilities
90
Infrastructure
Appoint
Presidency
Local Government
Cabinet
Sector Ministries
Local
Local Popular
Executive Councils
Units
Elect Elect
Citizen
Coordination
Figure 20 Infrastructure - current situation in existing cities
Source: Adapted from (Shawkat, 2013, p. 14)
91
4.1 Drinking Water and Sanitation
Water and sanitation companies used to follow the local units for decades.
Presidential decree 135 year 2004 was issued to transfer the fellowship of these
companies to the Holding Company for Drinking Water and Sanitation that follows the
Ministry of Housing. Presidential decree No. 39/2012, sets forth the organization of the
Ministry of Drinking Water and Sanitation followed by the National Authority for
Drinking Water and Sanitation, Executive Organization for Drinking Water and
Sanitation, Holding Company for Drinking Water and Sanitation and Potable Water and
Sanitary Drainage & Egyptian Water Regulatory Agency. In February 2014 Ministry of
Drinking Water and Sanitation returned and joined MHUUD again. Ministry of Housing is
managing the Holding Company, but there are water stations in the Egyptian villages
owned by the private sector and under the holding companies supervision. There is a
sanitation station that follows the large private sector also under the holding companies
supervision (Shawkat, 2013, p. 15). The institutional policy is established on the
principle of efficiency performed by parastatal entities management. Entities continue to
be owned by the state while they are monitored and controlled by an independent state
agency (Development cooperation Ministry of Foreign Affairs of the Netherlands, 2010).
92
4.2 Electricity
94
for funding approval. After approval by Ministry of Finance, projects are included in the
national budget (MENA-OECD, 2010, p. 32).
Public sector companies mostly perform road maintenance, as they offer low
prices during tender. Some observers point out that it’s due to lower wages in the public
sector and fuel subsidies. While industry observers declare that the quality of work is
low and insufficiently monitored by GARBLT (MENA-OECD, 2010, p. 32).
The informal recycling covers the whole country, since the informal waste
collectors used to recycle about 80% of the collected waste. Privatization of waste
collection resulted in disturbing the informal sector and their loss of the main source of
income. The new system failed to integrate the informal collectors in the waste
management process (GTZ , 2010, p. 8).
Causes of the limitations of the current SWM are technical, administrative, legal and
financial. The following are some of the causes:
Deficiency of infrastructure throughout Egypt
Lack of sufficient collection services, transportation, storage and sanitary landfill
space
Lack of polices and strategies for the solid waste management
Lack of skilled employees that have the capabilities to operate the system
Absence of environmentally safe tools
Lack of infrastructure to operate the construction, health care, workshops and
other types of wastes
Absence of information on SWM patterns
Inefficient financing for SWM
Lack of public participation (Egyptian Envriomental Policy Program Support Unit
, 2010, pp. 7,8)
Several authorities and ministries are responsible for the solid waste
management (SWM), some ministries are responsible for technicalities and the other
ministries are concerned with the financial and organizational affairs (Milik, 2010).
“SWM is divided between the Ministry of State for Environmental Affairs, Ministry of Local
Development, Ministry of Housing, Utilities and Urban Development, Ministry of Health,
Ministry of Water Resources and Irrigation, Ministry of Agriculture and Land Reclamation,
Moreover Ministries of Finance, Investment, Trade & Industry, Communications &
Information Technology and Interior are important stakeholders” (SWEEPNET , 2010 , p.
19).
Egyptian Environmental Affairs Agency (EEAA) as the technical and executive
body of Ministry of State for Environmental Affairs (MSEA) is responsible for
determining the national policies, legislations, action plans, planning guidelines,
monitoring and human resources development for all types of waste (SWEEPNET ,
95
2010 , p. 42). EEAA role is mostly limited to advisory, since its mainly responsible for
setting guidelines and supervision. However EEAA is committed to approve the
environmental impact assessment (EIA) for new lands, industrials projects and
environmental activities (Milik, 2010, p. 50). EEAA responsibilities include assisting the
governorates in specifying the landfills all over Egypt. Also checking the EIA waste
treatment and disposal facilities performance with the local authorities and monitor the
environmental register facility (Milik, 2010, p. 51).
Ministry of Local Development sets national policies, legislations and guidelines
in cooperation with MSEA/EEAA (SWEEPNET , 2010 , p. 42). The Ministry finances local
projects in cooperation with Ministry of Defense (Milik, 2010, p. 52). Ministry of
Housing, Utilities & Urban Development is responsible for construction and demolition
waste. Ministry of Health is responsible for healthcare waste through assuring safe
disposal of all generated medical waste through Egypt. The Ministry has an executive
authority supervising private and governmental medical institutions, clinics, labs and
pharmaceutical companies. Ministry of Water Resources and Irrigation is concerned
with the Nile river protection (Milik, 2010, pp. 51,53). Ministry of Agriculture and Land
Reclamation is responsible for setting national polices, legislations, guidelines and
managing the agriculture waste (SWEEPNET , 2010 , p. 42). Ministry of Finance role is
approving the budget for SWM (Milik, 2010, p. 52). Ministry of Trade and Industry is
responsible for industrial waste (SWEEPNET , 2010 , p. 42).
On the local level Municipalities, cleansing and beautification authorities and
governorates implement the system, train and develop the human resources, monitoring
and inspection. In addition the governorate sets the regional strategies and action plans.
International private companies are concerned with the integrated solid waste
management projects (ISWM), while the national private companies are concerned with
the SWM projects. Zabbaleen is the informal sector that collects, transports, sorts and
recycle the households’ waste. NGOs projects are concerned with SWM and improving
the businesses of the Zabbaleen (SWEEPNET , 2010 , p. 42). RBO participates in
managing the unsafe materials and waste in coordination with EEAA Environmental
management sector and the local agencies within the geographical framework (Article 2
State Minister for Environmental Affairs Decree 56/2000).
4.5 Summery
96
Electricity companies also follows the Electricity Holding Company that follows
Ministry of Electricity and Energy. Local units each within its scope hold several
responsibilities concerning approving plans, branches supervision and constructing and
maintaining public lighting. NREA is responsible for developing new and renewable
energy resources. The Minister of Electricity chairs EgyptERA, however EgyptERA legal
mandate is separate from the ministerial control. Its responsibilities is concerned with
assuring the fulfillment of laws and regulations, setting regulations, cost control and
quality monitoring.
Concerning roads and transportation, GARBLT follows MOT and it governs the
intercity network. While the governorates authorities manages the local roads. MOT is
concerned with all regional roads and participates with local units. MHUUD and NUCA
are also involved in governing local roads, bridges and tunnels. ERA manages the
railways and ETA manages Cairo metro system. Public sector companies perform road
maintenance following a Holding Company that follows MOT.
The informal collectors took most of the solid waste management role until
privatization of waste collection. The new system failed to integrate the informal sector.
The following ministries are all concerned with solid waste each within its scope;
Ministry of State for Environmental Affairs, Ministry of Local Development, Ministry of
Housing, Utilities and Urban Development, Ministry of Health, Ministry of Water
Resources and Irrigation, Ministry of Agriculture and Land Reclamation, Moreover
Ministries of Finance, Investment, Trade & Industry, Communications & Information
Technology and Interior.
On the local level, cleansing and beautification authorities and governorates are
responsible for implementing the SWM system. International private companies are
concerned ISWM, while the national private companies are concerned with SWM
projects. Currently the informal collectors still exists, working on collecting,
transporting, sorting and recycling waste.
97
CHAPTER 5: Public Land
Management
5 Land Management
5.1. Introduction
Land Management term in this chapter is used to represent the institutions involved
in the public lands activities including: ownership, control, allocation and disposal. The
public land is an essential aspect in the planning process; hence this chapter will first
focus on the governmental entities involved in the public land management activities.
Which were not mentioned in the central institutions chapter, since they are exclusively
dealing with the land management activities rather than the spatial planning activities.
Lands are classified to different types either according to the land soil type as
agriculture lands and desert land. Later an overview is presented concerning the main
challenges facing the management process.
Established in 2001 through presidential decree No. 153, to bridge the limited
coordination and lack of information difficulty. The entity first followed the prime
minister, who is the chief of the board of directors, which includes 17 ministries and
authorities (the chief position latter was assigned for the Deputy Prime Minister). In
2005 the prime ministerial decree No. 467 identified that the board of directors
includes: Minister of Agriculture and Land Reclamation (as Chair), directors of NCPSLU
and Military Survey Department, and Representatives of the following ministries:
Defense and Military Production, Culture, Housing, Awqaf, Irrigation and Water
Resources, Interior, Petroleum and mineral Resources, Power and Energy, Civil Aviation,
Planning and Local Development, Environment, transport, Communications and
Information Technology, Agriculture and Land Reclamation, Investment and Tourism
(World Bank, 2006, p. 33).
Responsibilities
Support the state land use decision making in order to achieve the best benefit
from the economic, human resources, environment, etc. through:
o Survey lands allocated for all ministries, governorates, governmental
entities, investors councils by classifying it into (Invested – not invested)
98
o Survey the invested lands and how far did it accomplish
o Survey the lands which is not invested, studying the reasons and setting
best solutions to activate the investment plan, setting time schedule and
supervising its execution to achieve the objectives of the investment plan
o Survey lands that are not allocated yet and preparing needed analytical
studies to recognize:
• The necessary lands for achieving the state plans for the present, near
and distant future in coordination with ministries and different state
bodies
• The needed lands for investments and preparing analytical study for
different activities and identifying the needed regulations (time
schedule-land prices-employment rates-financial predicted revenue)
and announcing it to all investors through NCPSLU website
Prepare detailed maps for state land usages outside the Zemam in accordance
with general plan map
Prepare applications for identifying state land uses relying on GIS
Working on forming unified measurement system for the GIS in the state
Working on automating all the NCPSLU activities while considering the
confidentiality and securing the information
Creating a dynamic website to link the center with different stakeholders
Activating the coordination between ministries regarding the state land
management (NCPSLU)
Survey and reform lands outside the reins and preparing general plans for its
development within the general state policy framework
Prepare land use plans for public lands outside Zimam for all purposes after
coordination with MODMP
Providing each ministry a map with the lands usages allocated for their activities,
the ministry will individually own the full authority for allocating and supervising
the development and disposal usage
Survey the annual program for development plans, land uses, net revenues and
expenses for land development in each ministry
Coordinate between ministries regarding land pricing regulations, disposing
system, collecting its price and regulating its protection
Assuring that the state treasury receives the net revenue from land development
allocated for each ministry
Coordinating with MODMP about different land uses outside the Zimam without
contradicting with state defense plans
Participating in choosing and identifying needed locations for main projects in
the state (roads – railway lines – ports and airports – economic areas and others)
99
Preparing special public lands studies outside Zimam which are not allocated for
a certain land use and coordinate between public authorities for using these
locations
Retain all information related to public lands outside Zimam, allocated lands for
each ministry, annual uses for these uses and the remaining unallocated land
stock
Document cordons borders for cities and villages and prepare special studies for
extensions or modification for governorates; with desert and without desert
hinterland
Provide opinion regarding ministries requests and different state authorities for
modifying land uses already allocated or allocating new lands
Supporting the specialized authorities in the state to implement sejel ainee
system
Provide opinion regarding conflicts over lands between ministries, public
authorities and local units or between these bodies and individuals (NCPSLU)
NUCA selects the sites necessary for new urban communities establishment
(Article 7 Law 59/1979). The prime minister issues a decree after the approval of the
cabinet for allocating the land; it binds all ministries, departments and machineries
concerned with the state property (Article 9 Law 59/1979).
A distance of land surrounding the new community not exceeding 5 kilometers
may not be disposed, utilized or exploited in any way without the approval of NUCA. In
addition to a distance of 100 meters on the two sides of the road leading to the new
community following the same restrictions (Article 8 Law 59/1979).
Benefiting from the land or establishments of new urban communities shall be
according to the rules set by the Board of the Authority. In case of contravention the
board may cancel the licensee (Article 14 Law 59/1979).
As mentioned in NUCA responsibilities in the central institutions chapter all
powers given to local units by laws shall be given to the authority. As well as approval of
licenses required for establishments, operation and management of all projects and
activities (Article 13 Law 59/1979).
Land Allocation
The head of the competent urban community agency shall inform the real estate
affairs at the authority of the recommendations of the sub committee in connection with
the reservation applications to have them submitted to the principle committee at the
authority, or to the competent committee, as the case may be, to look into approving these
recommendations.
The real estate affairs at the authority shall notify the resolutions of the principal
committee to the competent urban community agency, which shall, in turn, inform the
100
parties concerned of the resolutions of the principal committee in relation to allocation
(Article 12 Law 3/2001)
The Authority is the responsible entity for executing the industrial policies that are
set by the competent Ministry of Industry and Trade and other entities that fall under it.
Encourage and motivate investments in the industrial sector. Set and execute land
development for industrial purposes policies and make it available for investors and
facilitating the process of obtaining the industrial license, in return it may have:
Study the legislation related to the industry and propose what it believes in this
regards
Prepare studies and sectoral and geographical industrial development plans and
to follow up and encourage its execution
Setting the public policies and the necessary plans to develop the industrial
areas in coordination with governorates and other concerned authorities. The
Authority is the only entity that may decide in establishing industrial areas
requests or expansion and set rules and conditions related to that, whether the
industrial areas that it established or the ones managed by the governorates or
other public entities or private sector
Specifying the lands allocated for industrial purposes in coordination with the
NCPSLU
Setting the rules and regulations that allows private sector companies to
establish and provide facilities for the industrial areas. Provide the space and
land in it for investors and license their establishment and management for the
industrial areas
Determining the activities and industrial products as well as the related services
activities that are practiced in the industrial areas in coordination with The
Environment Affairs Authority and provinces and other state authorities or the
private sector
Establishing the organized rules and regulations to take advantage of and grow
the industrial areas lands and price them for investors. And coordinating with
provinces or other state authorities or the private sector that handles the
providing of facilities. In addition to managing the industrial areas to make them
available for investors and that is done through the facility fund referred to in
article 10 of this journal
Establishing general rules to motivate investors inside the industrial areas and
attaching this with specified standards for production, operation and exporting
or for any other purpose of growth. And to work on setting up the atmosphere
for investing in the industrial areas in coordination with the public authority for
investing and duty free areas, and for these rules to be presented to the cabinet
of ministers for reviewing and approval
Establishing the rules and regulations for approvals and the necessary licenses
101
for industrial projects and issuing them and issuing reregistration certificates in
the industrial archives and for the entity to assign whomever they think is fit
from any of the assigned state's authorities to issue approvals and licenses
Issuing approvals and licenses to establish industrial projects outside of the
industrial areas and that in cases that requires so accordingly to the procedures
and conditions that the authority council may determine or set
Following up and evaluating the industrial projects in coordination with the
assigned entities to insure that the usage of the industrial lands conditions are
not violated
Establishing the public policies and the necessary plans to train those who work
in the industrial field, and to supervise sponsored projects whether it is by
grants or foreign debt that fall under the assigned Ministry of Industry and
Trade, and that is in coordination with the state agencies and the private sector
that operate in this field, which leads to the qualification of the labor and
enhancing the abilities accordingly to the industrial requirements and standards
Establishing the policies and the necessary mechanisms to connect between the
development of the industrial sector and the scientific and technological
research activities related to it, and that is to benefit from the research results
and the scientific projects to answer the needs of the industrial growth
Registration of companies and experienced entities that are involved in the field
of establishing, evolving and modernizing the complete engineering systems
related to industrial and technological service activities accordingly to the
regulations that are set by entity's council management
Issuing books, magazines and publications related to promoting for the areas
and the industrial projects and the advertising material for it in collaboration
with the public investing entity and the duty free areas
Board of directors
It is formed through the decision of the prime minister on the following bases:
54 Law No. 350 Official Journal – Issue 42/Bis on 23rd October 2005
102
Industrial Development
Authority
103
5.2.4 Tourism Development Authority (TDA)
Responsibilities
104
Tourism Development Authority Chairman
Security
Secretary of the Chairman
General Department of General Department for General Department for General Department for General Department for
Finance Affairs Planning & Monitoring Economic and Funding Environmental Studies Planning Areas
Studies
105
5.2.5 General Authority for Reconstruction Projects and Agriculture Development
(GARPAD)
Responsibilities
Draw general policy for fallow land reclamation, exploitation and urbanization
Participate and coordinate with competent governmental entities in planning
public facilities and special services in the reclaimed lands (Irrigation and
sanitation-electricity grids-drinking water and roads projects-etc.)
Survey and classify the fallow land that could be reclaimed and develop water
resources in the desert lands
Prepare technical and economical studies for land reclamation projects
Coordinate the cooperation between foreign entities and governmental
authorities regarding reclamation land plans and agriculture (GARPAD)
Board of Directors
106
General Authority for GARPAD Board
Reconstruction Projects and
Agriculture Development Chairman
D. Projects Environmental
G.D Legal Affairs
Assessment
Responsibility
Survey the reclaimed lands areas and the suitable lands for reclamation outside
Zemam in order to include it inside the Zemam
Survey reclaimed lands areas allocated and distributed on companies and
individuals and wasn’t used in the agriculture production
Proposing suitable way to provide reclaimed lands and the land that are not
allocated yet, with attached standards, pricing and selling rules for investment
companies and individuals
Prepare preliminary feasibility study in areas outside Zemam
Topics provided by the prime minister56
Cabinet decree No. 1831/ 2004 states that a permanent ministerial committee for
reclaimed land outside Zemam shall be formed including the membership of:
107
Minister of MOF
Minister of MHUUD
Minister of MWRI
Minister of Justice
Minister of MALR
Minister of MSEA
Minister of Investment
Minister of MFTI
The committee may invite whoever is needed from ministers, experts or
competent people
Responsibilities
108
5.2.8 Governor
On the local level the Competent Governor sets the regulations of land disposal
after the approval of the local council. Prime ministerial decree was issued to regulate
the rules for disposing the following lands; state-owned land set for construction, lands
owned by local units which are set for construction and lands located within the zemam
suitable for reclamation. However the regulations specified by the governor are not
applied to lands and properties evacuated by Armed Forces or allocated for Ministry of
Interior that are determined by presidential decrees (Article 2 Prime Minister Decree
2903 year 1995)57.
57Prime Ministerial Decree No. 2903 Official journal – Issue No. 48 on 30th November
1995
109
Land located in the village space, were the owner has a private house or a
building that serves the land, within the limits issued in the Ministry of
Agriculture decree
Any of the above cases has to have a permit from the competent governor before
constructing any buildings or projects except for the general benefit projects
(Article 52 Law 116/1983)58
A decree was issued on 2006, providing 498 village permits to build and
construct after the approval of the competent governor according to article 152 from the
agriculture law 59 and the detailed planning approved by GOPP (Article 1 Law
359/2006).
Several entities are involved in allocating agriculture land. On the local level, the
governorate manages the land reclamation within the zemam and the extended lands for
2 KMs in accordance with the state general policy. After taking the Ministry of
Agriculture opinion, the governorate decides upon the rules of land disposal. As well as
studying land reclamation methods, construct and manage agriculture clusters in
reclaimed areas, regulating the new communities affairs and providing services (Article
11 Executive Regulation Law 43/1979).
The president issues after the approval of cabinet according to the proposal
provided by minister of defense, the strategic areas with military importance from the
desert land, these lands are not to be owned. Subsequently the president issues a decree
after the approval of the cabinet according to the competent minister, to identify the
areas included in reclamation, new urban communities or touristic lands (Article 2 Law
7/1991)60.
TDA is responsible for managing and using the lands allocated for touristic uses.
General Authority for Reconstruction Projects and Agriculture Authority
(GARPAD) is responsible for managing and using the lands allocated for reclamation
and aquaculture NUCA is responsible for lands allocated for new urban communities.
58 Law No.53 Official Journal - issue No. 32 on 11th August 1983 amending agriculture
Law 53/1966
59 Agriculture law No. 53/1966 amended by 116/1983
60 Law No. 7 Official Journal – Issue No. 10 (Supplement) on 13th March 1991
110
The authorities are considered as owners, obligated to execute their tasks in
coordination with Ministry of Defense and Military Production (Article 2 Law
7/1991).
Each of the Local units within its scope is responsible for managing and using the lands
set for construction work or cultivation, owned by the local unit or by the state inside
the zemam. Lands that fall outside the scope of zemam by 2 kilometers are to be
reclaimed according to a national plan developed by Ministry of Agriculture and Land
Reclamation. The plan is executed through the ministry or by determined authorities in
coordination with the competent governorate. Since GARPAD is responsible for
managing and using the lands allocated for reclamation or aquaculture. The cabinet
determines the Governorate share in managing and using these lands outside the
zemam (Article 4 Law 7/1991).
GARPAD prepares drawings and special specifications for public services and
utilities needed to construct the reclamation and aquaculture projects whether inside
the zemam or outside. It is also responsible for execution supervision or it may permit
the responsibility to another entity depending on the specifications agreed upon with
specialist governmental organizations (Article 5 Law 143/1981).
The lands complying the law 7/1991 usages in any other activity than the specified ones
is prohibited. Unless a presidential decree is issued after the approval of the cabinet
according to the proposal given by the competent minister, then it could be reallocated
to other entity or use. If a disagreement occurred between ministries, general
authorities or local units about who is responsible for the land, the cabinet declares a
binding decision (Article 5 Law 5/1991).
GARPAD disposes the uncultivated lands included in the national plan through
three years lease. If the tenant proved seriousness in land reclamation the lease would
be changed to ownership by the price of the land before reclamation minus the paid
amount of money for the lease (Article 12 Prime Ministerial Decree 2906/1995)61.
Desert uncultivated land allocated for projects not included in the national plan
and its disposal is not announced. A request is given to GARPAD determining the area
and all location data needed of the land aimed for ownership. Afterwards normal lease
contract is formed for one year renewed automatically if an irrigation source is
obtained, to get the approval of different authorities during this period including MWRI
and other Competent Authorities. The contract is terminated if these approves are not
granted, without returning the money paid in lease (Article 27 Prime Ministerial Decree
2906/1995). Transforming the lease contract into ownership requires payment of the
full price while signing the primary sale contract (Article 28 Prime Ministerial Decree
2906/1995). Article 29 claims that it is prohibited to dispose the land without GARPAD
approval.
61Prime Ministerial Decree No. 2906 Official Journal – Issue No. 48 on 30th November
1995
111
5.3.3 Cultivated Desert Lands
Riverbank lands stands for the state or individuals owned lands located between
the river Nile and its branches, the zemam of village and city includes these banks and
its transformations. Where the area confined between the shore and the border is
determined on the survey maps through the zemam line. The transformations
developed from the river changes sometimes offers new lands, islands or subtract parts
of the existing lands. (Article 76 Prime Ministerial Decree 2906/1995).
GARPAD in coordination with the Tax Real Estate Office is responsible for
surveying the riverbank lands transformations annually, either owned to the state or
individuals. A survey committee is formed through a decree from the GARPAD Chief
with the membership of representatives from GARPAD, Tax Real Estate Office and
members from the Local Popular Council (Article 79). The Authority is also responsible
for authorizing the updated information, features and borders in each city and village
zemam, later a decree revealing this data is issued by the Ministry of Agriculture
62The dried lakes are considered as reclaimed and agrarian lands subject to cultivated
desert lands regulations (Article 75 Prime Ministerial Decree 2906/1995)
112
(Article 85). Egyptian Survey Authority Prepares in coordination with GARPAD and
Tax Real Estate Office a map with scale 1:2500 including all the date of the riverbank
lands (Article 87).
State owned cultivated, leased and cultivated lands by possessors disposal is
possible by other mean than the public auction, in addition to the fallow lands that can
be leased or disposed through a decree from the Minister of Agriculture for agriculture
usage. If the fallow land disposal is for other purposes it will require the approval of the
competent administrative entity (Article 89).
113
Land Management State
Entities
Main Entities with power to dispose of public land
Supreme Urban
General Authority for Several
Council for Communitie
reconstruction projects & Holding Co.
Antiques s Holding
(SCA) Co. Agriculture Development
(GARPAD)
General Authority for fish Specialized Authorities
Wealth (GAFW) Suez Canal Authority
Agrarian Reform Authority Railroad Authority, etc.
Outside Zimam: Control by central
Government (along sectoral lines)
114
Highly fragmented legal framework
Ministry of Justice stated that about 40 laws and decrees influence the public land
management. These laws are not integrated and often conflicting resulting in the
complex institutional framework and overlapping responsibilities. (World Bank, 2006, p.
17)
GOPP and NCPSLU, both have overlapping responsibilities concerning land uses
planning. NCPSLU was established on 2001 and began functioning in 2005
concentrating on land information mapping. Law affiliates NCPSLU to the prime
minister, however the Authority was assigned to the Deputy Prime Minister that was
filled in 2001 by Minister of Agriculture (World Bank, 2006, pp. 18,19). Board of
directors includes 17 ministers as mentioned earlier and the Minister of Agriculture is
the chief of the board which results in creating a conflicting situation since NCPSLU is
following the Minister of Agriculture and he/she is the chief of its board.
Zimam is used in the legal framework to determine the governorate and other
ministerial control over public land, however the historically surveyed boundaries are
115
no longer relevant to the existing situation. Cordon defines the administrative authority
in governorates, however it is also outdated since cities and villages expanded and
exceeded Cordons. (World Bank, 2006, pp. 19,20)
5.5. Summery
Land management activities over the public land involve different governmental
institutions. NCPSLU board of directors’ members includes representatives from most of
the Egyptian ministries. NCPSLU responsibilities comprise supporting the land use
decision-making, preparing land use maps and coordinating with different stakeholders
regarding the public land management. NUCA indicates the crucial sites for new urban
communities formation.
IDA is concerned with setting and executing land development for industrial
purposes. IDA with NCPSLU specifies land allocation for industrial determinations. TDA
set plans for tourism areas development within the general policy framework and
economic plan. In addition to implementing essential projects and managing allocated
lands for establishing areas in desert lands.
GARPAD draws the general policy for fallow land reclamation and participates
with governmental entities in planning public facilities in reclaimed lands. Ministerial
Committee for Reclaimed Lands Outside Zemam is responsible for surveying
reclamation lands and providing suitable ways to deliver reclaimed lands that aren’t
allocated yet. GARPAD and the Ministerial Committee are both responsible for surveying
suitable lands for reclamation. Egyptian Survey Authority regulates and produces all
surveying and mapping activities.
On the local level, the governor sets regulations of land disposal. However these
regulations doesn’t occur on lands evacuated by Armed Forces or allocated for Ministry
of Interior.
Land types section include agriculture, desert, cultivated desert and riverbank
lands. Transferring agriculture land use into urban is legally prohibited, however the
usage is easily converted by dividing the land into smaller plots. In 2007 tahzim policy
was introduced to control the urban growth on agriculture land.
Authorities managing the desert lands are specified according to the land
allocation. TDA, GARPAD, and NUCA each responsible for managing and using the lands
allocated within its scope. During lands activities execution, the authorities are obliged
to coordinate with Ministry of Defense and Military Production. On the local level, the
lands located inside the zemam management is set to the local units each within its
scope. Cultivated desert lands disposal is identified through a decree issued by GARPAD
board of directors.
Riverbank lands means the lands located between river Nile and its branches. GARPAD,
Egyptian Survey Authority and Tax Real Estate Office are responsible for preparing a
map including the riverbank lands data.
116
CHAPTER 6: Analysis
6. Analysis
Sectoral Planning
Centralization
117
`
National SPUD Cabinet Parliament
Level
GOPP MOL MOP NCPSLU Ministrie Planning & Sectoral
D s Budgeting Committees
Supreme Committee
for Regional Planning
Economic
Region Level GOPP Regional Regional Planning
Office Authority
Governor LPC
Governorate
Level Urban Planning & Directorat Planning & Sectoral
Plannin Monitorin e Budgeting Committees
g g
District LPC
District Level Head
Engineerin Planning & Administratio Planning & Sectoral
g Dept. Monitoring n Budgeting Committees
118
established for, since currently it only propose recommendations that might be taken
into consideration or not (Mahmoud N. I., 2007, p. 6).
Lack of coordination
Many central institutions and affiliates are acting in the planning process, depending on
different activities as tourism, industry and agriculture. In each sector different
stakeholders are involved and the integration between all of these sectors to create a
comprehensive plan is an obstacle facing the urban planning in Egypt.
MOLD is responsible for coordination between ministers and governors. However it
rarely coordinates between them or undertake solving the disagreements between
elected officials and appointed ones. While the Supreme Council for Local
119
Administration responsible for resolving coordination challenges never actually met
(Nefissa, 2009; Al-Ahram 2005).
120
6.1 Regional and Local Institutional Level
“The office of the governor is an important center of political power, since under
each governor is a huge bureaucratic apparatus and a small army of government
employees” (Sims, 2012). According to the local administration law, a wide authority is
given to the local units concerning the local affairs, which is mentioned on papers only
(Sims, 2012). However articles no 106-Bis and 106-Bis 1 in law No.43/1979 that gives
the local popular councils of marakiz, towns, quarters or villages the authority to submit
interpellations to chiefs of local units, chairman of executive machineries and public
authorities working within the scope of the local unit. And come to a decision after
discussing the interpellation. Afterwards the decision would have been given to the
governor to refer it to investigation authorities. Article 6 in law 145/1988 canceled the
two articles leaving the local councils with no authority to question what higher
authorities are implementing in their areas of competences. The article also added that
the words “interpellation” and “Interpellations” should be canceled wherever mentioned
in law 43/1979 that regulates the local administration.
Greater Cairo governorates urban functions are very limited in reality, the
national-level authorities overtake the responsibility of those functions. For instance
traffic control and the Ministry of Interiors’ traffic units in each governorate manage
vehicle licensing. The electrical distribution companies manage street lighting.
Environmental affairs local units work is limited and overshadowed by the Egyptian
environmental affairs agency. However each governorate has several administrative
units to deal with these services (Sims, 2012).
On the local level there are urban control and physical planning department,
however the GOPP overshadowed those local units and in any event there activities are
very limited. Since the land use planning is restricted to vacant state owned desert lands.
In greater Cairo, almost all the lands are already commandeered by NUCA, Military and
security services (Sims, 2012).
Urban areas are divided into administrative districts, while the rural areas are
divided to rural districts. These purely executive local districts units are particularly
weak and mainly concerned by dealing with building control, permits and day-to-day
problems (Sims, 2012). Ministry of Local Development appoints the district chiefs from
a military or polices ex-officers; they act as the main channel of the governor’s office
(Sims, 2012).
The constitution issued on January 2014 states that “The government shall ensure
supporting the administrative, financial and economic decentralization. The law shall
regulate methods of empowering administrative units to provide, improve and well-
manage public utilities and defines the timeline for transferring powers and budgets to
local administration system” (Article 176). “The state shall ensure the fulfillment of the
121
needs of local units in terms of scientific, technical, administrative and financial assistance,
the equitable distribution of facilities, services and resources, and shall bring development
levels in these units to a common standard and achieve social justice between these units
as regulated by law “ (Article 177).
From the previous chapters it is clear that the central level has the higher power
in urban and public facilities management. Pointing out the decentralization of the
powers in the constitution is a positive point. However no law projects are yet
mentioned regarding transferring powers and empowering the local unit capacities.
General Administration for Planning and Urban Development referred in the
regional and local administrative system chapter should be established. Though in
reality few governorates founded these units. Several reasons resulted in this situation
including lack of coordination, motivation and local “planning culture” (World Bank,
2008, p. 77; World Bank , 2008). Consequently the General Administration for Planning
and Urban Development does not perform preparing the detailed plans as mentioned in
the unified building law.
6.2.2 Financing
All Egypt’s governorates almost totally depend on the central government budget
allocations. About 80% of the total governorate budget comes from the central level and
the remaining 20% generated from the local taxes and fees. A small percentage can be
used by the governorate according to its own discretion (Sims, 2012). Peri-urban areas
is growing rapidly, while centralized budget allocation system doesn’t put in concern the
needed services and utilities for these areas. Hence during the annual budget allocation
Peri-urban area do not take their share (World Bank, 2008, p. 47). Although article 178
in the constitution mentions that local units shall have independent financial budgets.
After reallocating the resources in the national budget under different
classifications, governors don’t have the authority of switching allocations from one
classification to another. Neither using it within the same classification under another
category. The budgets follows the ministries, for instance the governorate cannot use
the allocated funds for hospital to build a school (Elsaid, Planning for Sustainable Rural
Development in Egypt , pp. 89,90). Alexandria and Qina governorates are the only
independent governorates in collecting the fees to fund their own projects (UN
HABITAT, 2012, p. 3).
Districts are staffed with a low level of employees, the district units are known as
a corrupted entity, because of their activities are related to buildings control (many
citizens pay bribes to let the local unit to look the other way) (Sims, 2012). “Employees
are poorly trained and poorly paid, and resources, especially budgets for recurrent
expenses, are very limited. There are no performance incentives (all advancement is by
seniority), nor do local authorities enjoy own-source revenues or discretion over how to
manage budget” (World Bank, 2008, p. 44).
122
6.2.3 Councils
Local peoples council exist throughout Egypt on the district, town, quarter and
village level with elections each 4 years. According to law these council are meant to
perform as the citizens’ representation and oversight the executive governmental bodies
(Sims, 2012).
Most of the local councilors before the 25 Jan revolution were from the ruling
Party, which makes them appointed by the government (Nicholas Hamilton, 2012; Ben
Nefissa, 2009). sims add that the councilors tend to be from influentional families and
the councils acivities mainly includes favoritism. During the revolution, demonstrators
demanded for greater local adminstrative autonomy. Since the ruling party was
dominatiting the elected local councils they lost their validity as genuine reprentitives of
people. Protests viewed the existing councils as a corrupted entities and part of the
whole corrupted power structure (UN HABITAT, 2012, p. 23).
Elected local popular councils are responsible for expressing the citizens needs
and monitor the appointed civil servents. Neverthless the elected officals report to the
same appointed officials that they are supposed to check. Elected councils has no right to
formulate the financial budget or the plan, it may only approve or reject the prepared
budget or plan proposed by the appointed officals (Nefissa, 2009, p. 184).
According to law 119/2009 the powers of the local popular council was extended
to encourage public participation. Yet the main planning procedures are controlled
through the central institutions (UN HABITAT, 2012, p. 69). Though it is known that the
local popular councils acts as civil servents from the ministries (Nefissa, 2009, p. 182).
Executive councils consist of directors of services and production departments
including departments such as housing, electricity and other services. These facilities
are technically accountable to the central ministries that they represent, while
organizationally accountable to the head of the local unit. The existing institutional
framework produced a challenge to serve the necessities of different bodies without a
coordination plan on the local level (World Bank , 2007 , p. 70).
Citizens doesn’t trust the elections process and the national democratic party
ensures its power at all levels. Local popular council elections in urban areas
participation is from 3 to 5% of the registered electorate. Despite that the local councils
are elected, governors and mayors are appointed (UN HABITAT, 2012, p. 23).
Since the free officers movement in 1952, the appointed governors are high
position generals either from the army or the police. According to a calculation based on
the total number of of govrnors in 1960s,1970s and 1980s half of the governors have
been noncommisioned officers (Nefissa, 2009; Kharbush 1995 pp.118,182). Appointing
governors from the army and police background elaborates the state policy in
controlling the local adminstrative level for political reasons.
123
Each district has multiple chiefs. Respectively each chief is responsible for
administrative and financial matters, reporting to different authorities and approving
actions from different levels.
124
CHAPTER 7: Recommendations
7. Recommendations
Institutional reform
Decentralization
125
Annex
Annex 1
Annex 2
General administration for Urban Planning and Development in the governorates shall
prepare the detailed plans for the city or the village and approve the same according to
the provisions of the present law and the executive regulations thereof, within two years
from the date of issuing the executive regulations implementing such law.
126
Lack of general plans or lack of approval on the general strategic plans shall give rise to
laying down the rules and temporary provisions for the detailed plans by the general
administration for urban planning and development to regulate to regulate the urban
areas, within two months from the date of issuing the executive regulations hereof. The
mentioned rules and provisions shall be issued upon a decree by the competent
governorate after being presented to the local popular council and after coordination
with the competent bodies at the Ministry of Defense. The rules and the temporary
provisions shall apply till the preparation and approval on the plans stipulated in the
previous paragraph.
The general administration for urban planning and development shall specify temporary
building provisions for existing areas that lack such provisions, notably the streets lines
and building heights to meet the lighting, ventilation, urban and architecture
requirements as well as the civil defense, fire fighting, state defense safety requirements
and environmental provisions as per the building densities identified by the executive
regulations hereof. The total height of the building may not exceed 1.5 the width of the
street at the maximum of 36 meters. Such temporary provisions shall apply till the
preparation of the strategic and detailed plans mentioned in previous laws and the
approval on the same.
Article 37
The local popular council of the governorate, shall establish an account for services and
local development whose finances shall be composed of:
The fees imposed by the local popular council for the governorate in favor of this
account
Profits of the productive projects financed by the said account
The contributions, donations and wills, which the local popular council of the
governorate approves to allocate them for this account
50% of the increase, which shall be realized in the governorate local finances
over the allocation estimated in the budget
127
Annex 3
Prepared by: GOPP Although General Administration for planning prepares detailed
plans in each governorate according to the unified building code
128
Build Your Home, Prepared by: GOPP
Figure 29 Examples of Detailed Plans for Build Your Own Home Project (GOPP, 2012, p. 41)
129
Annex 4
Table 2 Planning for Investment distribution of the Shorouk Program by rural development sectors and
number of projects during the period from 1994 – 2002 (Elsaid, Planning for Sustainable Rural Development
in Egypt , p. 103)
130
Total Economic
146.8 7.8 43245
Development
Total 1877.8 100 % 76138
Annex 5
131
amended by Law No.116/1983
24. Law No.7/1991 for regulations concerning sale of private state property
25. Board of Directors of El-Awkaf Authority Decree No.91/1993 that sets the rules for
land swapping of Waqf land
26. Prime Minister Decree No.2904/1995 regulating the transaction in land allocated
to New Communities Authority The Military Ruling of the Prime
27. Prime Minister (as Deputy Military Ruler) Decree No.1/1996 that prohibits
activities that cause agriculture land to become fallow or to build on it.
28. Law No.4/1996 for applying civil code on building spaces not subjected t rent
control laws.
29. Law No.5/1996 for free disposition of State desert land
30) Law No. 101/1996 for
amending law No.106/1976 for building codes
132
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Article in Journal
PowerPoint Presentation
A Future Vision for the Greater Cairo Region in the Light of Current Urban Development
Challenges, Power Point Presentation, MHUUD, GOPP, Arabic.
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