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Is the Ministry of Health Concealing the Facts? “Drinking Water Safety” Statements in Aswan Ignore Court Ruling

The Egyptian Center for Economic and Social Rights (ECESR) has been closely monitoring statements and press releases from the Ministry of Health and Population, as well as local officials in Aswan, concerning the “safety of drinking water surrounding the incident of acute gastroenteritis cases in Abu Rish village.” These statements contradict a previous court ruling that confirmed the discharge of sewage and industrial waste into the same area, including the Nile River. The ruling required the government to take necessary measures, particularly the immediate cessation of pollution sources and their removal.

On Saturday, September 21, 2024, Health Minister Khaled Abdel Ghaffar stated that some cases of acute gastroenteritis had been recorded in Aswan Governorate, mostly in two specific areas. He added that the majority of these cases likely resulted from contaminated food or water.

He further mentioned that water samples were taken from 103 water stations across Aswan for testing, confirming the safety and readiness of the drinking water. This was also affirmed by the Ministry’s spokesperson, Hossam Abdel Ghaffar, in earlier remarks.

Aswan Governor Ismail Kamal stated that tests from stations, filters, and households confirmed that the drinking water is safe and is not the cause of the illnesses. He added that investigations into the real causes of the illnesses—whether from viral infections or food or drink consumption—are ongoing, especially during the summer months.

Meanwhile, Kima Chemical Industries Company denied any involvement in polluting Aswan’s drinking water or causing illnesses, asserting that it follows required treatment protocols for industrial waste, which is directed to the Alaqi sewage treatment plant, affiliated with Aswan’s Water and Sewage Company.

These statements, however, contradict a ruling by Aswan’s Administrative Court in cases No. 1685/4 and 4652/4, issued on February 28, 2021, which obligated the government to take the necessary steps to prevent the discharge of sewage and industrial waste into Aswan’s storm drain, including into the Nile.

Prior to this ruling, cases No. 14 of 1996 were filed to document the diversion of the storm drain and identify all entities responsible for its pollution. A court-appointed expert in that case confirmed the parties responsible for this environmental crime. This ruling was upheld in an appeal in 1998, yet the defendants continued to delay actions. Despite promises from officials during a 2017 visit to Aswan, the issue remained unresolved, prompting the plaintiffs to file the most recent cases.

The lawsuits, filed in 2016 and 2017, highlighted the disastrous health and environmental impacts of untreated sewage being discharged directly into the Nile, which led to the spread of diseases and epidemics among residents, including kidney failure.

According to the court’s ruling, the storm drain became a dumping site for 120,000 cubic meters of waste daily, a flagrant violation of the constitution and laws protecting the Nile River. Despite previous promises to resolve the issue, no concrete actions were taken, reflecting the negligence of the responsible authorities.

A memorandum submitted by the Director of Irrigation Engineering in Aswan pointed to violations committed by the Water and Sewage Company, including the installation of pipes in the waterway of the main storm drain without proper permits. Additionally, untreated sewage from several stations was being discharged into the storm drain. Numerous violation reports were filed between 2014 and 2017.

A report from the Environmental Affairs Agency, dated April 13, 2017, confirmed that Pumping Station No. 10 collected sewage and industrial waste from Kima Company and nearby residential areas, discharging it into the storm drain during peak hours due to technical flaws.

In a landmark judicial move, the court, in its entirety, conducted a field inspection of the storm drain, spanning 8 kilometers from south to north, as part of the Evidence Law. The court refused to assign the inspection to any technical entity or expert office, ensuring transparency and accuracy by verifying the facts themselves.

The court also rejected the administrative authority’s reliance on water samples analyzed by the Ministry of Health’s laboratories, which allegedly met ministerial and environmental standards. The court found these results unreliable as they conflicted with analyses provided by the plaintiffs and other administrative entities, as well as with reports from the Ministry of Irrigation and the Environmental Affairs Agency.

The court also dismissed the authority’s claims that it had taken some measures within its available resources, arguing that balancing competing interests is within its discretion and not subject to judicial review.

The court’s confidence in its findings was bolstered by the detailed field inspection and analysis of reports from credible sources, such as the Ministry of Irrigation and the Environmental Affairs Agency, which confirmed the presence of untreated waste being discharged into the Nile and the storm drain.

At the same time, the government continues to challenge the ruling, a move the Egyptian Center finds puzzling. The Center emphasized that the State Lawsuits Authority’s mandate should align with the public interest, raising questions about the reasons for appealing a court decision that should have been promptly implemented by executive officials.

The Center expressed concern over the government’s disregard for established facts and court rulings, reiterating inaccurate statements. It called for the formation of an independent, impartial committee of experts to assess the drinking water situation in the village, with the participation of civil society representatives and the local community. The results should be made public to ensure transparency and justice.

Additionally, the Center called on the relevant authorities to take responsibility, urgently present the results of their examinations, and work to improve water infrastructure to ensure its safety for all citizens. Immediate measures must be taken to stop the discharge of sewage and industrial waste into the storm drain and the Nile, and to address the causes of pollution promptly.

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