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PAS : KE ARAH PEMERINTAHAN ISLAM YANG ADIL
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Hang hantar ada viruslah (Navidad exe)
[EMAIL PROTECTED] wrote:
> Urban dissonance
>
> Military decrees are not the way to preserve urban architecture,
> legalists and conservationists agree.
>
> Mona El-Ghobashy
>
> Anyone would agree that preserving architectural heritage is a priority,
> but few would argue that issuing military decrees is the way to do it.
> Other than the government, that is. Prime Minister Atef Ebeid is holding
> fast to a military decree banning the destruction of historic buildings,
> even after the State Council--the nation's administrative court
> system--ruled it unconstitutional for violating the principle of private
> property. Ebeid has appealed the court ruling. The appeal will be heard
> on 14 June.
>
> The court's ruling, some fear, clears the path for architectural gems
> to be now torn down with abandon and for high-rises to be built in their
> place. Some architectural experts, however, argue that there are far
> more effective ways to go about urban conservation than issuing military
> decrees. For their part, legalists applauded the State Council's ruling
> and saw it as a victory--no matter how small--for the rule of law and
> the sanctity of private property.
>
> The issue dates back to 13 decrees issued by former Prime Minister
> Kamal Al Ganzouri in his capacity as military governor, a presidential
> power delegated to the prime minister under the Emergency Law by which
> Egypt has been governed since 1981. Though existing building codes
> already prohibit the destruction of sound buildings, including villas
> and palaces, developers and owners would use legal loopholes to build
> high-rises on the expensive plots of land. The decrees were seen as a
> way to sternly enforce civil laws that were being honored only in the
> breach and to prevent urban encroachment on agricultural areas. However,
> on 20 April, Prime Minister Atef Ebeid issued Decree 925 of 2000
> revoking the previous military orders. The rationale was that this would
> ease restrictions on construction and revive the stagnant real estate
> market. When opposition swelled at Decree 925, the prime minister
> retracted his statements and asserted that Decree 7 of 1998 banning the
> demolition of old villas was still in force.
>
> Meanwhile, on 31 May, the State Council issued its ruling that military
> decrees regulating civil business matters are unconstitutional. The
> ruling was a response to an earlier appeal against the litany of
> military decrees before their revocation. The coincidental timing led to
> more than a little confusion: many thought the State Council's ruling
> coupled with the revoking of military decrees signaled the end of
> architectural preservation of Cairo's historic landmarks. But scratching
> beneath the surface highlights two facts: military decrees regulating
> non-emergency matters are not only unconstitutional, but a poor way to
> conserve urban aesthetics. The prime minister's contradictory statements
> also show the limits of legislating by decree civilian matters that are
> the rightful purview of the legislative branch."Military decrees are an
> emergency channel restricted to very specific cases affecting public
> health and order," says Mohammad Hamed Al Gamal, former president of the
> State Council. "Unfortunately, they've become abused. Moreover,
> everywhere including all Arab countries, military decrees are the power
> of the legislature."
>
> Gamal further argues that it's spurious to claim military decrees are
> the only way to protect historic buildings. "The solution should be to
> freeze ownership of the building and compensate its owner," he says.
> Preventing the owner from disposing of his real estate as he pleases by
> issuing military decrees violates the principle of private property. In
> addition to the legal angle, the heart of the issue is how best to
> conserve historic architecture, especially for ordinary urban buildings
> not designated landmarks by the Supreme Council of Antiquities (SCA).
> 'Amr Abdel Qawi, an architectural consultant and publisher of Medina
> magazine, argues that matters need to be clarified further. "First, we
> need to answer these questions: what do we want to preserve and why?
> Many of the buildings we're talking about are not in and of themselves
> extremely valuable, but they do contribute to a pleasant urban
> environment."
>
> The proper way to maintain the urban fabric is to create incentives for
> people to conserve the buildings while not interfering with the goals of
> economic development, Abdel Qawi says. In many urban centers, this is
> done by giving businesses tax breaks to renovate dilapidated buildings
> and turn them into viable economic units, like offices, galleries, or
> museums. Many a dead downtown district has been revitalized through an
> enlightened partnership between government and business.
>
> The root of the problem here in Cairo is the astronomical escalation of
> land value, fueled by government land pricing policies, explains Abdel
> Qawi. "So of course low-rise structures don't bring in the land value,
> which gives developers the wrong incentive to tear down villas and erect
> high-rises instead, which leads the government to resort to absolute
> measures like military decrees as the quickest way to deal with a
> problem that needs a far more comprehensive solution," he says.
>
> Some steps are being taken to develop a more rational strategy of urban
> conservation. The Cairo governorate in cooperation with the Fulbright
> Commission piloted The Historic Preservation project in 1998 and began
> by plaquing buildings to call attention to their historical
> significance. The first plaqued building was the Swiss embassy residence
> in Garden City. The next step is to move from a single structure to the
> whole street to eventually the designation of whole districts as
> historically valuable.
>
> Absent a comprehensive preservation strategy and effective incentives,
> the urban fabric will not be maintained. Military decrees are not even a
> stopgap solution, but instead lead to constitutional violations and a
> loss of confidence in official statements. "The controversy over the
> military orders and the prime minister's retractions have only made
> public opinion lose faith in the rationality of official actions," says
> Mahmoud Kandeel, a lawyer with the Egyptian Organization for Human
> Rights (EOHR).
>
> As Abdel Qawi reminds, "you cannot preserve something its owner doesn't
> want to preserve." It seems a basic condition that laws governing the
> urban facade and city residents' quality of life must take into account
> the views and needs of those very residents.
> <x-html><!doctype html public "-//w3c//dtd html 4.0 transitional//en">
> <html>
> <b><font face="Times New Roman, Times"><font color="#FF0000"><font size=+4>Urban
> dissonance</font></font></font></b>
> <br>
> <br>
> <br>
> <p><b><font face="Times New Roman, Times"><font color="#000000"><font
>size=+2>Military
> decrees are not the way to preserve urban architecture, legalists and
>conservationists
> agree.</font></font></font></b>
> <br>
> <br>
> <table ALIGN=RIGHT WIDTH="250" >
> <tr>
> <td><img SRC="cid:[EMAIL PROTECTED]" align=RIGHT></td>
> </tr>
>
> <tr>
> <td>
> <center><font face="Helvetica, Ariel"><font color="#000000"><font size=-2>This
> villa is protected by military decree</font></font></font></center>
> </td>
> </tr>
> </table>
>
> <p><b><i><font face="Times New Roman, Times"><font color="#000000"><font size=+1>Mona
> El-Ghobashy</font></font></font></i></b>
> <br>
> <p><font face="Times New Roman, Times"><font color="#000000"><font size=+1>Anyone
> would agree that preserving architectural heritage is a priority, but few
> would argue that issuing military decrees is the way to do it. Other than
> the government, that is. Prime Minister Atef Ebeid is holding fast to a
> military decree banning the destruction of historic buildings, even after
> the State Council--the nation's administrative court system--ruled it
>unconstitutional
> for violating the principle of private property. Ebeid has appealed the
> court ruling. The appeal will be heard on 14 June.</font></font></font>
> <p><font face="Times New Roman, Times"><font color="#000000"><font size=+1> The
> court's ruling, some fear, clears the path for architectural gems to be
> now torn down with abandon and for high-rises to be built in their place.
> Some architectural experts, however, argue that there are far more effective
> ways to go about urban conservation than issuing military decrees. For
> their part, legalists applauded the State Council's ruling and saw it as
> a victory--no matter how small--for the rule of law and the sanctity of
> private property.</font></font></font>
> <p><font face="Times New Roman, Times"><font color="#000000"><font size=+1> The
> issue dates back to 13 decrees issued by former Prime Minister Kamal Al
> Ganzouri in his capacity as military governor, a presidential power delegated
> to the prime minister under the Emergency Law by which Egypt has been governed
> since 1981. Though existing building codes already prohibit the destruction
> of sound buildings, including villas and palaces, developers and owners
> would use legal loopholes to build high-rises on the expensive plots of
> land. The decrees were seen as a way to sternly enforce civil laws that
> were being honored only in the breach and to prevent urban encroachment
> on agricultural areas. However, on 20 April, Prime Minister Atef Ebeid
> issued Decree 925 of 2000 revoking the previous military orders. The rationale
> was that this would ease restrictions on construction and revive the stagnant
> real estate market. When opposition swelled at Decree 925, the prime minister
> retracted his statements and asserted that Decree 7 of 1998 banning the
> demolition of old villas was still in force.</font></font></font>
> <p><font face="Times New Roman, Times"><font color="#000000"><font
>size=+1> Meanwhile,
> on 31 May, the State Council issued its ruling that military decrees regulating
> civil business matters are unconstitutional. The ruling was a response
> to an earlier appeal against the litany of military decrees before their
> revocation. The coincidental timing led to more than a little confusion:
> many thought the State Council's ruling coupled with the revoking of military
> decrees signaled the end of architectural preservation of Cairo's historic
> landmarks. But scratching beneath the surface highlights two facts: military
> decrees regulating non-emergency matters are not only unconstitutional,
> but a poor way to conserve urban aesthetics. The prime minister's contradictory
> statements also show the limits of legislating by decree civilian matters
> that are the rightful purview of the legislative branch."Military decrees
> are an emergency channel restricted to very specific cases affecting public
> health and order," says Mohammad Hamed Al Gamal, former president of the
> State Council. "Unfortunately, they've become abused. Moreover, everywhere
> including all Arab countries, military decrees are the power of the
>legislature."</font></font></font>
> <p><font face="Times New Roman, Times"><font color="#000000"><font
>size=+1> Gamal
> further argues that it's spurious to claim military decrees are the only
> way to protect historic buildings. "The solution should be to freeze ownership
> of the building and compensate its owner," he says. Preventing the owner
> from disposing of his real estate as he pleases by issuing military decrees
> violates the principle of private property. In addition to the legal angle,
> the heart of the issue is how best to conserve historic architecture, especially
> for ordinary urban buildings not designated landmarks by the Supreme Council
> of Antiquities (SCA). 'Amr Abdel Qawi, an architectural consultant and
> publisher of Medina magazine, argues that matters need to be clarified
> further. "First, we need to answer these questions: what do we want to
> preserve and why? Many of the buildings we're talking about are not in
> and of themselves extremely valuable, but they do contribute to a pleasant
> urban environment."</font></font></font>
> <p><font face="Times New Roman, Times"><font color="#000000"><font size=+1> The
> proper way to maintain the urban fabric is to create incentives for people
> to conserve the buildings while not interfering with the goals of economic
> development, Abdel Qawi says. In many urban centers, this is done by giving
> businesses tax breaks to renovate dilapidated buildings and turn them into
> viable economic units, like offices, galleries, or museums. Many a dead
> downtown district has been revitalized through an enlightened partnership
> between government and business.</font></font></font>
> <p><font face="Times New Roman, Times"><font color="#000000"><font size=+1> The
> root of the problem here in Cairo is the astronomical escalation of land
> value, fueled by government land pricing policies, explains Abdel Qawi.
> "So of course low-rise structures don't bring in the land value, which
> gives developers the wrong incentive to tear down villas and erect high-rises
> instead, which leads the government to resort to absolute measures like
> military decrees as the quickest way to deal with a problem that needs
> a far more comprehensive solution," he says.</font></font></font>
> <p><font face="Times New Roman, Times"><font color="#000000"><font size=+1> Some
> steps are being taken to develop a more rational strategy of urban conservation.
> The Cairo governorate in cooperation with the Fulbright Commission piloted
> The Historic Preservation project in 1998 and began by plaquing buildings
> to call attention to their historical significance. The first plaqued building
> was the Swiss embassy residence in Garden City. The next step is to move
> from a single structure to the whole street to eventually the designation
> of whole districts as historically valuable.</font></font></font>
> <p><font face="Times New Roman, Times"><font color="#000000"><font
>size=+1> Absent
> a comprehensive preservation strategy and effective incentives, the urban
> fabric will not be maintained. Military decrees are not even a stopgap
> solution, but instead lead to constitutional violations and a loss of confidence
> in official statements. "The controversy over the military orders and the
> prime minister's retractions have only made public opinion lose faith in
> the rationality of official actions," says Mahmoud Kandeel, a lawyer with
> the Egyptian Organization for Human Rights (EOHR).</font></font></font>
> <p><font face="Times New Roman, Times"><font color="#000000"><font size=+1> As
> Abdel Qawi reminds, "you cannot preserve something its owner doesn't want
> to preserve." It seems a basic condition that laws governing the urban
> facade and city residents' quality of life must take into account the views
> and needs of those very residents.</font></font></font></html>
> </x-html>
>
> ------------------------------------------------------------------------
> Name: Navidad.exe
> Navidad.exe Type: Download File (application/x-msdownload)
> Encoding: base64
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