Biodiversity Bylaws

The Ministry adopted two bylaws which are directly related to biodiversity namely the Bylaw on Protected Areas and National Parks (Number 29 for the year 2005), and the Bylaw on Environmental Impact Assessment (Number 37 for the year 2005).

It is important to note that the Ministry is currently working on amending of its general law. The new amended law is foreseen to enhance the legal framework on biodiversity, as it will include the development and adoption of several bylaws, specifically on protected areas, genetic resources and biodiversity, and species conservation. The law will also include the revision of the EIA Bylaw, introducing improved legal tools and mechanisms on biodiversity safeguards and management. RSCN is mandated by the Ministry of Environment to implement the Bylaw on Protected Areas and National Parks in what is considered a unique model for the region and globally, whereas an NGO is mandated to implement government mandates. This is attributed to the long established experience of RSCN as a pioneering nature conservation agency active in Jordan since the mid-1960s. Such an innovative governance arrangement could be applicable to other subsectors of biodiversity protection, hence will be a focus of the current strategy.

The second main legal framework for biodiversity is represented by the law of the Ministry of Agriculture, the long established legal provisions of the Ministry of Agriculture which owns the historical precedence in the protection of wildlife, forests, and rangelands, as well as genetic resources. This mandate is currently mandated by the application of the Agriculture Law (Number 44 of the year 2002), which includes a series of articles addressing the sustainable use of natural resources, including genetic diversity and the protection of wildlife species inside and outside their natural habitats. RSCN is also mandated by the Ministry of Agriculture to enforce the regulations related to wildlife protection and hunting control. The Ministry has recently been developing its technical capacities in relation to biodiversity protection in an increasing trend of recognition of the modern approaches tackling ecosystem management and biodiversity conservation. The two strategic roles of the two line ministries often overlap and a concerted effort is required to ensure synergy, complementarity, and coordination. This strategy briefly addresses the need to enhance inter-ministerial dialogue and coordination towards a more effective program on biodiversity.

The third legal framework is represented by the special setup associated with the Aqaba Economic Zone Authority and its sub-national mandate over environmental protection and management. ASEZA was established in 2000 and enjoys a special law (Number 32 for the year 2000) which entitles the Authority to implement its autonomous legal systems and regulations, including provisions related to environmental protection and biodiversity conservation. ASEZA enjoys its own set of bylaws addressing environmental protection, environmental impact assessment, as well as the special bylaw addressing the Wadi Rum Protected Area. The ASEZA case, although representing a success story in applying a decentralized approach towards environmental protection, entails a number of strategic and operational challenges related to the alignment of its regional legal arrangements with the national setting. Further, the auton omous setup is often constrained by the potential for conflicts of interest in balancing the development agendas with the conservation obligation. This strategy calls for the initiation of a strategic dialogue between ASEZA and the Ministry of Environment on the national alignment of ASEZA’s environmental legislations and the facilitation of knowledge exchange, reciprocal support and collaboration.

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