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Enforcement Networks

Enforcement Networks. Workshop for Central and Eastern Europe countries on the prosecution of illegal traffic of hazardous and other wastes under the Basel Convention. Juliette Kohler UNEP Secretariat of the Basel Convention. 26 and 27 June 2012. Contents. What are Enforcement Networks?

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Enforcement Networks

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  1. Enforcement Networks Workshop for Central and Eastern Europe countries on the prosecution of illegal traffic of hazardous and other wastes under the Basel Convention Juliette Kohler UNEP Secretariat of the Basel Convention 26 and 27 June 2012

  2. Contents • What are Enforcement Networks? • Why Enforcement Networks? • Why is this relevant for prosecutors? • Existing Enforcement Networks • Effective Enforcement Networks

  3. 1. What are Enforcement Networks? • A structured cooperation between the various actors involved in the enforcement chain • Role for: • National entities (eg. environment ministries, Customs, Police, Prosecutors, Judges) • International entities (eg. Interpol, WCO) • Individuals, NGOs, private sector, BCRCs

  4. 2. Why Enforcement Networks? • To tackle illegal traffic more effectively for instance by: • Raising awareness and understanding • Promoting dialogue and encouraging cooperation • Exchanging information and sharing best practices • Building capacity in enforcing environmental protection legislation • Developing coordinated, harmonized or common approaches

  5. 2. Why Enforcement Networks? Country Led Initiative (CLI) Decision BC-10/3: Requests the Secretariat to build on and enhance existing actions to stimulate cooperation between existing networks of enforcement agencies, including INECE, IMPEL, the Asian Network forPrevention of Illegal Transboundary Movement of Hazardous Wastes and the Green Customs Initiative; Requests the Secretariat to stimulate the formation of new networks, in particular with other enforcement organizations or in regions where such networks currently do not exist.

  6. 2. Why Enforcement Networks? • Secretariat activities: • Continuous cooperation with existing enforcement networks and organizations • Prosecutors workshop (2012 and 2013) • Establishment of EU-Africa e-waste enforcement network in the framework of its e-waste Africa project • Fact sheets on enforcement networks • Planned meeting of representatives of enforcement networks, BCRCs and UNEP and FAO regional offices

  7. 3. Why is this relevant for prosecutors? • Prosecutors have a vital role in upholding national legislation implementing the Basel Convention • Successful prosecution of environmental crimes such as illegal traffic in hazardous and other wastes often requires the cooperation from multiple agencies, nationally and internationally

  8. 4. Existing Enforcement Networks There are different types of Enforcement Networks based on: • Purpose • Mandate • Scope and activities • Legal nature and governance structure • Membership and observers • Geographical scope

  9. 4. Existing Enforcement Networks • Interpol • World Customs Organisation (WCO) • European Network for the Implementation and Enforcement of Environmental Law (IMPEL) • Asian Network for Prevention of Transboundary Movement of Hazardous Wastes • Green Customs Initiative • REN Project • International Network for Environmental Compliance and Enforcement (INECE) • International Association of Prosecutors • European Network of Prosecutors for the Environment (ENPE) • EnviCrimeNet

  10. 4. Existing Enforcement Networks Interpol • ‘Ecomessage’ system • Exchange of information between NCBs • To encourage international cooperation between national law enforcement agencies • Pollution Crime Working Group with thematic projects World Customs Organization (WCO) • A global network for customs officers: Enforcement Committee (Operation Demeter II) • Regional Intelligence Liaison Offices (RILOs) • WCO ENVIRONET

  11. 4. Existing Enforcement Networks European Network for the Implementation and Enforcement of Environmental Law (IMPEL) • EU + wide network of environmental enforcement officers (33 countries) • To promote a more effective application of European environmental law • TFS cluster focused on the WSR • Exchange of information via BaseCamp, cooperation via meetings and projects • Prosecutors’ network

  12. 4. Existing Enforcement Networks Asian Network for Prevention of Transboundary Movement of Hazardous Wastes • Japan-led initiative (10 countries) • Exchange and disseminate information on TBM of HZ and selected used products • Cooperation via workshop (studies, exchange of information)

  13. 4. Existing Enforcement Networks Green Customs Initiative • Informal partnership of international organizations cooperating to prevent the illegal trade in environmentally-sensitive commodities • Capacity building activities for Customs and border protection officers REN Project to Combat Illegal Trafficking in Harmful Chemicals and Hazardous Wastes in Asia • A UNEP ROAP hosted integrated regional cooperation between countries in North East, South and South East Asia

  14. 4. Existing Enforcement Networks • International Association of Prosecutors • The only worldwide organization of prosecutors • International Network for Environmental Compliance and Enforcement (INECE) • Global network of environmental compliance and enforcement practitioners • Global Network for Environmental Prosecutors: • Launched June 2011 • Upcoming workshop - ‘Facilitating Collaborative Responses to Environmental Crime through a Global Network of Environmental Prosecutors’ (Sept 2012) • Linkedin: http://www.linkedin.com/groups?gid=4133785 • http://inece.org/topics/good-governance/prosecutors- network

  15. 4. Existing Enforcement Networks • European Network of Prosecutors for the Environment (ENPE) • Network of 30 prosecutors from EU Member States dealing with environmental crime • Launched: 1 June 2012 • Contact: Jean-Philippe RIVAUD, Substitut généralMagistrat référent pour les affaires d'atteintes à l'environnement, Amien, France: Jean-Philippe.Rivaud@justice.fr • EnviCrimeNet • Informal network of police officers in the field of environmental crime to learn from one another about extent and nature of environmental crime, best practices • Hosted by Europol

  16. 5. Effective Enforcement Networks Requirements of an effective enforcement network: • A clear purpose and mandate • Clearly defined members • Agreed mode of communication • Clearly defined scope of information to be exchanged • Incentives for members to cooperate

  17. 5. Effective Enforcement Networks Additional considerations: • Encourage members from developing countries • E.g. EU-Africa Enforcement Network • Strengthen, rather than duplicate, existing networks

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