{"id":12612,"date":"2025-05-04T17:50:52","date_gmt":"2025-05-04T15:50:52","guid":{"rendered":"https:\/\/zawia3.com\/?p=12612"},"modified":"2025-05-04T17:50:52","modified_gmt":"2025-05-04T15:50:52","slug":"building-violations","status":"publish","type":"post","link":"https:\/\/zawia3.com\/en\/building-violations\/","title":{"rendered":"Illegal Construction in Egypt Referred to Military Courts"},"content":{"rendered":"

An official directive issued by Egypt\u2019s Ministry of Interior has sparked widespread controversy among human rights advocates and local observers, after it included a decision to refer cases of building violations, encroachment on agricultural land, and trespassing on state-owned property to military courts. The directive, addressed to local government officials in Giza Governorate, has circulated in electronic form, and contains clear instructions to promptly file police reports upon detection of violations. It also obliges local authorities\u2014whether in districts or municipal centers\u2014to submit full details of each case, including the identity of the property owner, the contractor involved, any ready-mix concrete companies connected to the project (if applicable), any prior encroachments, and the national ID number of every relevant party.<\/p>\n

Major General Hossam Labib, Assistant Secretary-General of Cairo Governorate, stated that the proposal to refer building violations to military courts had indeed been under consideration in recent months, with the intent to reactivate it. However, he noted that Cairo Governorate has not yet received any formal instructions in this regard.<\/p>\n

Labib clarified that the approach comes in response to a surge in violations related to informal construction and encroachment on state and agricultural lands, particularly during public holidays and festive periods when on-the-ground oversight tends to wane. He added that violations committed before the issuance of the most recent reconciliation law would not fall under this directive, as they remain subject to the provisions of the existing reconciliation legislation.<\/p>\n

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This development has revived attention to Article 204<\/a> of the Egyptian Constitution, which states that the military judiciary is an independent authority with exclusive jurisdiction over offenses related to the armed forces. It explicitly prohibits the trial of civilians before military courts except in specific, narrowly defined circumstances, such as assaults on military facilities or zones under their protection, or attacks on armed forces personnel while on duty. The list of such exceptions is confined to legal texts that must be strictly interpreted in accordance with constitutional provisions<\/p>\n<\/blockquote>\n

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Threat to the Principle of Justice<\/strong><\/h3>\n

Mohamed Fetouh, a lawyer at the High Appeal Court and the State Council, stated that the state\u2019s move to refer illegal construction cases to military courts is no longer just a threat\u2014it has already begun to be implemented in several governorates. This shift, he explained, is based on Presidential Decree No. 136 of 2014<\/a>, which tasks the armed forces with assisting the police in protecting public and vital facilities, designating such sites as “military facilities” for the duration of their protection. This designation, in turn, permits the referral of those accused of attacking these facilities to military courts.<\/p>\n

Speaking to Zawia3<\/em>, Fetouh pointed out that certain governorates and local authorities have resorted to an expansive interpretation of this decree, treating building violations and encroachments on agricultural or public lands as assaults on “vital facilities.” As a result, such cases are being handled as criminal offenses under the jurisdiction of military courts\u2014despite their clearly civil nature.<\/p>\n

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However, this broad interpretation raises serious constitutional concerns, Fetouh argued, since Article 204 of the Egyptian Constitution explicitly states: \u201cCivilians shall not stand trial before military courts except for crimes that constitute direct attacks on military facilities or personnel.\u201d Referring civilians to military courts for building a house without a permit, illegally extending a water network, or repurposing agricultural land, represents a flagrant constitutional violation and undermines the right to appear before a civilian judge\u2014one of the cornerstones of justice.<\/p>\n<\/blockquote>\n

Fetouh emphasized that justice is not only about court verdicts but starts with respecting constitutional and legal frameworks, and refraining from using exceptional judicial channels for matters that are purely civil. He warned that this approach erodes trust in the judiciary as a whole and creates a precarious environment for individual rights, especially given the lack of full guarantees for fair trials under military jurisdiction.<\/p>\n

He concluded with a clear demand to immediately halt these referrals and return to full respect for the constitutional text, ensuring the protection of citizens\u2019 fundamental rights and reaffirming the rule of law and judicial independence.<\/p>\n

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According to data from Egypt\u2019s Unified Government Complaints System, affiliated with the Cabinet, official bodies received 244 new complaints in April 2025 alone regarding construction violations and urban infringements in various areas, including Boulaq El-Dakrour and several districts in Minya Governorate.<\/p>\n<\/blockquote>\n

Major General Amr Abdel Monsef, supervisor of the system, revealed that the government has received more than 1,800 complaints since the beginning of this year concerning delays in reconciliation procedures or referrals of violators to non-civilian authorities. He confirmed that 91% of these complaints were officially addressed within a two-week period.<\/p>\n

In this context, human rights lawyer Mamdouh Gamal also confirmed to Zawia3<\/em> that there is a clear contradiction between the second paragraph of Article 204 of the Egyptian Constitution and the official letters ordering the referral of building violation cases to military courts.<\/p>\n

He explained that the Constitution limits the jurisdiction of military courts to specific cases of a purely military nature, such as attacks on military facilities, military zones, or national borders. Assigning construction violations to military courts, he said, constitutes a serious infringement on citizens\u2019 right to litigation and appeal, and an unjustified expansion of exceptional judicial authority\u2014one that poses dangerous consequences for both society and the integrity of the justice system.<\/p>\n

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Don’t miss: Owners of \u201cEast Autostrad Buildings\u201d in Egypt Pay the Price Twice<\/a><\/strong><\/p>\n

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Construction Violations: A Crisis of Confusion and Randomized Decision-Making<\/strong><\/h3>\n

Zuhdi El-Shamy, economic researcher and deputy head of the Socialist Popular Alliance Party, believes that the state’s handling of construction violations is marked by significant confusion and a lack of comprehensive vision. He pointed out that the building bans issued in recent years were a turning point that negatively impacted Egypt\u2019s construction sector\u2014one of the largest employment providers in the country.<\/p>\n

Speaking to Zawia3<\/em>, El-Shamy explained that such policies have left deep economic and social consequences. Hundreds of thousands of workers in the construction sector lost their jobs, either partially or entirely. Some were absorbed into state projects in new cities, while many others remained trapped in unemployment or irregular labor. As a result of this stagnation, the real estate market experienced successive price hikes due to shrinking supply and increasing demand, burdening citizens in search of housing.<\/p>\n

He added that after years of stalling the civilian construction sector, the state now returns with an even more restrictive climate\u2014not through direct bans, but by referring violation cases to military courts. El-Shamy described this as a veiled attempt to freeze the sector again, using punitive and legal tools rather than addressing violations through a comprehensive developmental and planning-based vision.<\/p>\n

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El-Shamy strongly criticized the trial of civilians before military courts in cases of an economic and civil nature, affirming that this move constitutes a blatant violation of the Constitution and nullifies the principle of the “natural judge.” He further argued that expanding the military\u2019s role into non-military domains, especially the economic sector, does not serve development, but rather fosters a lack of transparency and undermines the principle of specialization\u2014an essential pillar of effective economic policy.<\/p>\n<\/blockquote>\n

In a related context, the Conservative Party issued an official statement expressing its complete rejection of the referral of building violation cases to military courts. The party reaffirmed its commitment to the principles of the Egyptian Constitution, the primacy of the rule of law, and the necessity of respecting citizens\u2019 right to appear before their natural judge as a fundamental guarantee of any just justice system.<\/p>\n

The party emphasized that this approach is a clear breach of Article 97 of the Constitution, which states that \u201cno person may be tried except before their natural judge; exceptional courts are prohibited.\u201d It stressed that cases of a civil nature must fall under the jurisdiction of civil courts, which alone ensure the necessary guarantees for justice and defense rights.<\/p>\n

The statement called for strengthening the role of local authorities in preventing construction violations by activating administrative and planning oversight mechanisms and holding local governance officials accountable for negligence. This, it argued, would promote urban discipline without infringing on citizens\u2019 constitutional rights. The party warned against involving the military institution in civil disputes, affirming that such involvement contradicts its national role and represents a retreat from the civil nature of the state. It cautioned that this overlap of authority could negatively impact the relationship between citizens and the armed forces.<\/p>\n

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Local Administration: The Missing Link in Construction Oversight<\/strong><\/h3>\n

Mona Ezzat, a researcher in economic and social affairs, believes that the crisis of construction violations in Egypt fundamentally stems from the absence of effective local governance\u2014a deeply rooted issue that has persisted for decades. She points out that the prolonged lack of elected local popular councils has transformed Egypt\u2019s local governance into a closed bureaucratic system, devoid of public oversight, transparency, or accountability.<\/p>\n

In her interview with Zawia3<\/em>, Ezzat explained that local councils, which are supposed to oversee neighborhoods and issue building permits, are currently managed in a centralized manner. This structure undermines mechanisms of evaluation and monitoring, leaving wide room for violations\u2014particularly in relation to construction and residential buildings.<\/p>\n

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She highlighted that the construction sector is one of the most corruption-prone fields in Egypt due to the massive flow of money involved. The Administrative Prosecution Authority has previously uncovered numerous corruption cases linked to local administrative bodies, including illegal construction and shop encroachments on public roads.<\/p>\n<\/blockquote>\n

Despite the state\u2019s recent efforts to tighten enforcement against these violations, Ezzat argues that “tougher regulations alone are not a viable solution to such a deeply entrenched crisis.” Instead, she calls for a comprehensive overhaul of the local governance system grounded in democratic and participatory reforms, rooted in decentralization and respectful of local cultural diversity.<\/p>\n

She emphasized the urgent need for the return of elected popular councils and the establishment of elections for governors, along with the implementation of independent budgets for local administrative units that are transparently presented and subject to community oversight and evaluation.<\/p>\n

Ezzat concluded by warning that sidelining civil society organizations and relying solely on state institutions to impose strict measures will not resolve the crisis. On the contrary, she argues, it will only deepen it unless a new model of local governance\u2014based on democracy and genuine public participation\u2014is adopted.<\/p>\n

Egypt has suffered for decades from the widespread phenomenon of illegal construction. This crisis is rooted in a long history of regulatory failure and weak urban planning mechanisms. In an attempt to address it, the Egyptian government passed a law in 2019 allowing reconciliation on building violations. However, its implementation has faced numerous procedural obstacles that hindered its intended outcomes.<\/p>\n

In 2023, the Egyptian Parliament introduced legislative amendments aimed at simplifying and facilitating the reconciliation process. It is estimated that Egypt currently has around three million construction violations, according to previous statements by MP Ahmed El-Sigini, head of the Local Administration Committee in Parliament, as the phenomenon has continued to escalate over the years.<\/p>\n

In this context, Prime Ministerial Decree No. 1386 of 2025 extended the validity of Law No. 187 of 2023, which regulates the reconciliation of building violations and the legalization of their status. This step aims to give citizens more time to settle their legal standing and complete the necessary procedures.<\/p>\n","protected":false},"excerpt":{"rendered":"

Egypt is increasingly referring building violation cases to military courts under broad interpretations of security laws, raising constitutional concerns and highlighting the absence of local governance and urban oversight.<\/p>\n","protected":false},"author":11,"featured_media":12610,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false,"footnotes":""},"categories":[413],"tags":[10932,10936,10927,10934,10930,10933,10929,10931,10928,10935],"kateb":[728],"class_list":["post-12612","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-society-en","tag-cairo-building-crackdown","tag-constitutional-rights-egypt","tag-egypt-building-violations","tag-egypt-law-and-justice","tag-egyptian-urban-planning","tag-housing-rights-egypt","tag-illegal-construction-egypt","tag-local-governance-egypt","tag-military-courts-egypt","tag-unauthorized-housing","kateb-shimaa-hamdy"],"jetpack_featured_media_url":"https:\/\/zawia3.com\/wp-content\/uploads\/2025\/05\/\u0627\u0644\u0642\u0627\u0647\u0631\u0629.png","_links":{"self":[{"href":"https:\/\/zawia3.com\/en\/wp-json\/wp\/v2\/posts\/12612","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/zawia3.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/zawia3.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/zawia3.com\/en\/wp-json\/wp\/v2\/users\/11"}],"replies":[{"embeddable":true,"href":"https:\/\/zawia3.com\/en\/wp-json\/wp\/v2\/comments?post=12612"}],"version-history":[{"count":1,"href":"https:\/\/zawia3.com\/en\/wp-json\/wp\/v2\/posts\/12612\/revisions"}],"predecessor-version":[{"id":12613,"href":"https:\/\/zawia3.com\/en\/wp-json\/wp\/v2\/posts\/12612\/revisions\/12613"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/zawia3.com\/en\/wp-json\/wp\/v2\/media\/12610"}],"wp:attachment":[{"href":"https:\/\/zawia3.com\/en\/wp-json\/wp\/v2\/media?parent=12612"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/zawia3.com\/en\/wp-json\/wp\/v2\/categories?post=12612"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/zawia3.com\/en\/wp-json\/wp\/v2\/tags?post=12612"},{"taxonomy":"kateb","embeddable":true,"href":"https:\/\/zawia3.com\/en\/wp-json\/wp\/v2\/kateb?post=12612"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}