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The Role of Law Enforcement in the Achievement of the SDGs: The Case of Eswatini's Environmental Laws

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The Role of Law Enforcement in the Achievement of the SDGs: The Case of Eswatini's Environmental Laws
Case Study Session
Mr Ndumiso Cyprian Magagula, RCE Eswatini
9th African Regional RCE Meeting
5-7 August, 2019, Luyengo, Eswatini

Published in: Government & Nonprofit
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The Role of Law Enforcement in the Achievement of the SDGs: The Case of Eswatini's Environmental Laws

  1. 1. 2019/08/12 1 The Role of Law Enforcement in the Achievement of SDGs: The Case of Eswatini’s Environmental Laws By: Ndumiso Cyprian Magagula (RCE Eswatini) 9th African RCE Meeting: Accelerating Progress towards the Achievement of Sustainable Development Goals in Africa Luyengo, August 5th, 2019 Introduction  Silent Spring (Rachel Carson, 1962)  Environmental/natural resources degradation  Renewable/Non-renewable resources alike  Air and water quality, pollution, resource over-extraction… SDGs Implementation SDGsImplementation Education and awareness-raising Funding of sustainable solutions and sustainability programs Legislative and policy support Legislative support of SDGs in Eswatini  Numerous laws have been enacted and are in line with the SDGs Legislative support of SDGs Constitution of Swaziland Act, 2005: Gives duties to both government and individuals to safeguard the environment against harm Environmental Management Act, 2002: Frames the laws regulating the management of the environment. Part III – Establishes the Environment Authority to…enforce environmental protection legislations Part VII – Addresses the issue of localizing international agreements and laws on environmental management. The Waste Regulations, 2000: Regulate the management of solid waste and liquid waste within the Kingdom of ESwatini. Provide detailed guidelines on waste management and stipulate fines for failure to comply. Legislative support of SDGs Plant Control Act, 1981: It seeks to ensure phytosanitation within the Kingdom. Environmental Audit, Assessment and Review Regulations, 2000: These regulations attempt to ensure the avoidance of significantly negative impacts of development projects on the environment – through use of better project alternatives, technologist and techniques. The Game Act, 1953: Regulates the establishment of game sanctuaries and hunting within the Kingdom of ESwatini. Ozone Depleting Substances Regulations, 2003: Aimed at the promotion of ozone-friendly products and the elimination of ozone-depleting substances.
  2. 2. 2019/08/12 2 Legislative support of SDGs Litter Regulations, 2011: It aims at the prohibition of littering and gives responsibility to different entities for the provision of waste receptacles. National Development Strategy, 1997-2022: Reinforce the enforcement capability of the Environment Authority. Enforce all environmental laws. National Environment Policy Legislative support of SDGs  Other legislations: Flora Protection Act, 2003 Air Pollution Regulations, 2010 Natural Resources (Public Stream Banks) Regulations, 1951 Biosafety Act Legislative support of SDGs  Law-enforcement as an awareness-raising strategy:  E.g. Litter Regulations of 2011  Littering from a moving:  Fine for culprit: SZL 50.00  Fine for driver/owner: SZL 5000.00 (Can hinder passengers from littering)  Apprehension of offenders helps raise awareness of fellow passengers Legislative support of SDGs  Law-enforcement as a standard-setter:  Managing existing issues arising from haphazard urbanization Legislative support of SDGs  Law-enforcement as a safeguard against reckless consumption:  E.g. EMA, 2002; Waste Regs, 2000; Litter Regs, 2011  Promotion of a circular economy Legislative support of SDGs  Law-enforcement to ensure compliance with license conditions:  E.g. EMA, 2002; Waste Regs, 2000; ODS Regs, 2003; Flora Protection Act, 2003;
  3. 3. 2019/08/12 3 Legislative support of SDGs  Law-enforcement as capacity-building for law-enforcement agencies:  Traditional leaders and municipalities  Litter wardens  Police  Citizens  Environment Authority Legislative support of SDGs  Law-enforcement as a deterrence:  E.g. Game Act of 1953 Conclusion  Eswatini’s environmental laws are inline with SDGs  Rigorous law enforcement can have multiplier effects on SDGs progress.  The more we enforce, the more people are aware of the issues being addressed and the law itself. Thank You

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