ABU DHABI // After a long debate, amendments to a clause in the country’s environmental protection legislation were passed by the Federal National Council by a majority vote.
The clause in question, 44 part four, states that manufacturing companies need to abide to regulations set by the Ministry of Environment and Water when manufacturing, producing, and exporting rocks, quarries, crushers and cement, including clinker.
The discussion became heated as a number of members sought to change the amendment to allow each emirate to deal with its natural resources as it chose.
The clause sets out that the rules are to ensure the environment is not affected and the public’s health is not compromised. The bylaws of the law will regulate production and importation of materials, and the necessary licences and quotas.
The majority of members who protested the clause were from Ras Al Khaimah, home to Gulf Cement, the largest cement producer in the emerging market.
According to Arabian Business, the company produces 2.7 million tonnes of cement and 3.8m tonnes of clinker per year. The company exports to 11 countries.
The debate was spearheaded by member Ahmed Al Amash, who manages the company.
Although it was not mentioned during the session, a member who wished not to be named, said FNC members and the minister were well aware of the controversy and the conflict of interest.
On Tuesday, the minister, Dr Rashid bin Fahad, urged members to think of their national duty and their responsibility towards the environment and the public, which has long complained of pollution from these factories. He did not single out any company.
During the 2011 elections, a number of RAK residents complained to The National that pollution had reached such high levels that the health of children was being affected. They lobbied against Mr Al Amash at that time, who still won by a majority vote.
During the public debate, a number of RAK members tried to prove that such a clause invaded the emirate’s right to its own natural resources and how to deal with them. They said any economic value belonged to each emirate.
Dr Abdulrahim Al Shahin (RAK) read a line from the Constitution that states natural resources are owned by the local government and not the federation.
He said the clause confuses federal and local government powers.
“Such an article would be a violation of the Constitution,” he said. He argued that cement and clinker both had no place in the clause in particular since they were commodities and not natural resources.
Mosabeh Al Kitbi (Sharjah) later said that the line ready by Dr Al Shahin was misleading, because it continues on to say the emirates were still responsible to the federation.
Abdulaziz Al Zaabi (RAK) said these regulations meant local and federal authorities were in conflict. Faisal Al Teneiji (RAK) also took part in the discussion, lobbying for the removal of the clause.
Dr Rashid Al Shariqi was the only RAK member who approved the clause.
The minister thanked Mr Al Kitbi for his clarification of the Constitution verse and said this was a “historic” moment in the FNC for people to see what members cared about.
He reminded the council that it previously had forbidden the export of water, despite it being owned by local governments. For this reason, he said, there was no conflict of local and federal powers.
He told members that they would be questioned by the Government and by God for their decision and held responsible by both for protecting the public.
“This is a national stance the FNC will be remembered for,” he said. “It would be a national step. We are not against economic activity, but want to ensure it does not harm those in the country.”
Ali Jassim (UAQ) said these companies’ effect on the environment could not be ignored.
“If there is something, say, affecting the percentage of oxygen in the air, that affects public health, then we can not look at it as a simple case of commerce. It is an effect on the environment,” he said.
He said residents in industrial areas were most affected by factory pollution.
“As responsible officials, we need to keep this into account.”
Ahmed Ahli (Dubai) said the effect the companies had on people was more important.
Ahmed Al Shamsi (Ajman) said that these clauses came from the Cabinet, which meant the UAE had more reason to add them.
When members said such regulations could affect a company’s value and in turn the country’s economy, the Dr bin Fahad said it would not.
“We are responsible in front of the country and God,” he said. “This was not an ad hoc decision against anyone.”
osalem@thenational.ae
