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IUCN World Congress Jeju, South Korea September 10,2012

Effective Environmental Governance through Enforcement Networks. IUCN World Congress Jeju, South Korea September 10,2012. Kenneth J. Markowitz Managing Director, INECE Secretariat. Global Proliferation of Environmental Laws During the Past 40 Years.

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IUCN World Congress Jeju, South Korea September 10,2012

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  1. Effective Environmental Governance through Enforcement Networks IUCN World CongressJeju, South KoreaSeptember 10,2012 Kenneth J. Markowitz Managing Director, INECE Secretariat

  2. Global Proliferation of Environmental Laws During the Past 40 Years • Since 1972, more than 200 environmental treaties have entered into force. • Many counts put the number well over 1000 Treaties with at least one environmental provision • Huge Proliferation of National Environmental Laws Around the World • Countries have created environmental agencies and undertaken new initiatives at the local, national, and international levels to protect human health, conserve biodiversity and wildlife, and manage natural resources. creating value through compliance

  3. Global Challenges to Sustainable Development • Species Extinction & Loss of Biodiversity • Climate Change • Desertification & Land Degradation • Air & Water Pollution • Toxic Chemicals & Hazardous Waste Releases and Disposal

  4. The Compliance Gap • International – States not meeting their commitments under MEAs • Domestic – Individuals and firms not meeting legal and regulatory obligations • WITHOUT COMPLIANCE, SOCIETIES CAN NOT MEET THEIR ENVIRONMENTAL AND SUSTAINABLE DEVELOPMENT OBJECTIVES

  5. Environmental compliance and enforcement form the foundation for the rule of law, good governance, and sustainable development.

  6. Challenges to Achieving Compliance with Environmental Requirements • Lack of capacity and resources for enforcement practitioners • Awareness among prosecutors, judiciary, customs, police of environmental crimes and their consequences • Cooperation among prosecutors and investigators • Good and comprehensive compliance data • Inadequate penalties or other punitive measures • Ineffective enforcement of penalties • Deficient monitoring of environmental licensing systems • Poor coordination among national policies and measures with MEA obligations creating value through compliance

  7. Deterrence: Critical to Compliance Creating an atmosphere in which many people choose to comply rather than violate the law Four elements required to create deterrence: • Credible likelihood that a violation will be detected • Swift and certain response by the government • A consequence: appropriate sanction or penalty • The perception that the first three conditions exist creating value through compliance

  8. Criminal Enforcement Disincentive Model PdetectionxParrestxPprosecutionx PconvictionxPenforcement x$penalty =? The sum must exceed the potential profit motive to create proper deterrence creating value through compliance

  9. Creating an Atmosphere Favoring Compliance Financial Incentives Technical Assistance Compliant Noncompliant Civil or Administrative Enforcement Regulated Facilities Publicity Inspections Criminal Prosecution Recognition & Reward Impressionable  Less Degree of Compliance More creating value through compliance

  10. Benefits of Intergovernmental Cooperation for Compliance and Enforcement • Build capacity of inspectors, prosecutors, police, and environmental officers • Share instructional materials, conduct joint inspections, conduct personnel exchanges and study tours • Collaborate to solve problems • Study common issues jointly, share lessons learned • Exchange information • Share strategies for strengthening domestic programs, including inter-ministerial cooperation • Share information through informal communication channels among key regional contacts • Share intelligence, information about illegal traffic, participating parties • Level the playing field to protect public and private investment • Raise public awareness of rules and their violations creating value through compliance

  11. Value of Enforcement Cooperation • Enables efficiencies in the development of tools and programs • Facilitates communications and sharing best practices • Standardizes approaches to compliance assurance • Fosters political will needed to strengthen implementation of environmental standards • Inspires regulators to do their jobs better

  12. Environmental Regulatory Cycle Evaluation Awareness Implementation Planning Management Approach Legal Basis Strategies and Programs Results Goals Compliance & Enforcement Change in Behavior

  13. What is INECE? • Global network of environmental compliance and enforcement practitioners • 4,000+ from more than 120 countries • Government officials, IGOs, and NGO partners • Key partners: National governments, World Bank, UNEP, OECD, European Commission • Founded in1989 by the Netherlands and the United States • Regional and Topic-Specific Networks • e.g., East Africa, North Africa, Australia, Asia, North America, Central America, Europe • e.g., seaports, prosecutors, climate change

  14. Supporting Implementation of National Environmental Laws • INECE strengthens practitioners’ environmental compliance and enforcement efforts by enabling: • Sharing of information and experience on effective enforcement and compliance practices. • Mutual assistance in training to build enforcement capacity. • Enforcement cooperation among countries. • INECE plays an instrumental role in the compliance and enforcement community by: • Communicating and advancing best practices. • Fostering mutual learning both vertically and horizontally across organizations responsible for enforcement and compliance promotion. • Facilitating information exchange.

  15. INECE Initiatives • Global Network of Environmental Prosecutors (joint project with IUCN CEL) • Regional Networks for Compliance and Enforcement • Climate Change and Compliance Expert Group • Seaport Environmental Security Network • Capacity Building Across the Regulatory Cycle to Strengthen Environmental Compliance and Enforcement • International Conferences creating value through compliance

  16. Global Environmental Prosecutors Network • Launched in 2011 by INECE, IUCN CEL, and expert committee of environmental prosecutors • Facilitates the exchange of knowledge, tools, capacity building, and information that assists environmental prosecutors by: • Connecting prosecutors. • Sharing information. • Developing and delivering capacity building. • Supporting transnational prosecutorial initiatives. • Draft charter agreed upon Spring 2012 • Developing global database of environmental public prosecutors and attorneys general • Partnering with UNEP, OAS, and INECE regional networks

  17. Enforcement Cooperation Through Networks REPIN IMPEL CEC - EWG ANECE AECEN NECEMA CCAD EANECE AELERT

  18. East African Network on Environmental Compliance and Enforcement • Kenya, Uganda, Tanzania, Ethiopia, Zanzibar, Rwanda and Burundi • Creates value by leveraging donor funding for capacity building and harmonizes regulatory approaches • Recent success stories • CITES: Strengthened partnership between NEMA and KWS due to collaboration through EANECE resulted in detection, arrest, and prosecution of three suspects found guilty of illegally harvesting aloe for trade • Montreal Protocol: seizure of a consignment of 55 cylinders containing banned Ozone Depleting Substances (ODS)

  19. Seaport Environmental Security • Raise awareness of illegal movements of hazardous and electronic waste through seaports • Website, press releases, closed site for participants • Build capacity for inspections and enforcement actions • Workshops, training, communicating lessons learned • Asia-region workshop in Cambodia, 2010; Thailand 2011 • Facilitate international enforcement collaboration among government officials to detect and stop illegal and dangerous shipments of hazardous waste • International detection exercises, informal networking opportunities among peer-level authorities • 2011 exercise with 11 participating countries, detected illegal shipments reported in 54% of forms, mainly e-wastes.

  20. International Network for Environmental Compliance Training Professionals • INECE Trainers Network facilitates capacity building and shares good practice across regions, including: • Principles of Environmental Compliance and Enforcement • Performance Indicators • Designing and Implementing Training Programs • Water Governance • Extensive Resource Library See http://inece.org/trainersnetwork/ for more information and contact details creating value through compliance

  21. Contact Information Kenneth Markowitz Managing Director, INECE Secretariat Chair, CEL Specialist Group on Compliance and Enforcement Phone: 1-202-338-1300 Email: inece@inece.org Web: http://www.inece.org

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