Unep’s initiatives enforcement


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Unep’s initiatives enforcement

  1. 1. Initiatives to strengthen countries’ capacity in environmental justice and enforcement - Brainstorming symposium on Integrated Capacity Building of the Enforcement Chain to combat illegal trade in ODS, Paris, 9-10 June 2011 Masa Nagai Acting Deputy Director Division of Environmental Law and Conventions, UNEP
  2. 2. Montevideo Programme <ul><li>Montevideo Programme I (1981) catalyzed international actions to develop Multilateral Environmental Agreements </li></ul><ul><li>Montevideo Programme II (1993), III (2001) and IV (2010) have progressively addressed the need for strengthening countries’ capacities for enforcing environmental law </li></ul><ul><li>Increasing emphasis on the linkage between compliance with Multilateral Environmental Agreements and enforcement of the relevant national environmental law </li></ul>
  3. 3. Shifts in direction of technical assistance <ul><li>Since mid 1970s: Assist executive branch of the Government to develop national environmental legislation and strengthen national institutions </li></ul><ul><li>Since mid 1990s: Support awareness building and capacity building of the judiciary in environmental matter </li></ul><ul><li>Currently: Extend support to strengthen capacities of all relevant actors active in environmental enforcement against the backdrop of the need for a more integrated approach for environmental justice </li></ul><ul><li>Address gaps between commitment and implementation (Bali Strategic Plan for Technology Support and Capacity-building ) </li></ul>
  4. 4. UNEP Programme of Work 2010-2011, 2012-2013 <ul><li>Countries’ judicial and enforcement capacity to implement environmental law is enhanced through training, awareness-raising, information exchange and legal advisory services to reinforce the integration of the environment in the rule of law for achieving environmental justice </li></ul>
  5. 5. Problems in environmental enforcement <ul><li>Lack of full appreciation by policy-makers of the value of the environment </li></ul><ul><li>Lack of adequate environmental awareness and knowledge on environmental matters </li></ul><ul><li>Fragmented environmental and environment-related laws and regulations </li></ul><ul><li>Relatively weak power of the environmental authority within the government </li></ul>
  6. 6. Problems (2) <ul><li>Lack of adequate access to environmental information and access to justice by the public </li></ul><ul><li>Need for coordination and cooperation between enforcement officers </li></ul><ul><li>Corruption in enforcement of environmental law </li></ul><ul><li>Lack of human, technical and financial resources for implementing environmental law </li></ul>
  7. 7. UNEP Judges Programme <ul><li>Started in 1995 as a regional initiative, replicated in all regions </li></ul><ul><li>2002 Global Judges Symposium (pre-WSSD event), catalyzing further action by judges action – recently supreme courts in some countries decided to designate environmental courts as concrete results </li></ul><ul><li>Judges handbook, compendium of judicial decisions, training manual, database (ECOLEX) </li></ul>
  8. 8. Strengthen national legal basis <ul><li>UNEP has continued supporting developing countries and countries with economies in transition to further develop environmental law </li></ul><ul><ul><li>Legal advisory services </li></ul></ul><ul><ul><li>Strengthen capacities of relevant stakeholders through training programmes and workshops </li></ul></ul>
  9. 9. Facilitate compliance and enforcement <ul><li>UNEP has been working closely with partners active in the promotion of compliance with and enforcement of MEAs (such as INECE, IUCN, AECEN) </li></ul><ul><ul><li>Training workshops and programmes for Government officials and other relevant stakeholders to raise awareness and facilitate progressive action towards compliance and enforcement </li></ul></ul>
  10. 10. Advocate environmental justice <ul><li>UNEP convenes conferences, workshops and symposiums for judges, government officials, prosecutors, parliamentarians, and other legal stakeholders to exchange views and share experiences to advance environmental justice </li></ul><ul><ul><li>with Governments or partner organizations </li></ul></ul><ul><ul><li>e.g. Asian Justice Conference in 2007, Asian Development Bank-UNEP Asia-Pacific Judges Symposium in 2010 </li></ul></ul>
  11. 11. Guidelines <ul><li>Guidelines on compliance/enforcement of MEAs </li></ul><ul><li>Guidelines for the development of national legislation on access to information, public participation and access to justice in environmental matters </li></ul><ul><li>Guidelines for the development of domestic legislation on liability, response action and compensation for damage caused by activities dangerous to the environment </li></ul>
  12. 12. Thematic Initiatives <ul><li>Endangered wildlife and related products (CITES), including the International consortium on combating wildlife crime </li></ul><ul><li>Hazardous wastes (Basel) </li></ul><ul><li>ODS (Montreal Protocol), including the Capacity Assistance Programme </li></ul>
  13. 13. Trade/Border control <ul><li>Green Customs Initiative </li></ul><ul><li>PATROL project (Asia) </li></ul><ul><ul><li>In partnership with UNODC, NGOs (Traffic, etc.) </li></ul></ul>
  14. 14. Transnational environmental crime <ul><li>Transnational environmental crime initiative </li></ul><ul><ul><li>To provide an integrated international platform for enhancing cooperation, international information exchange and assistance to strengthen capacity of developing countries (including South-South cooperation) </li></ul></ul><ul><ul><ul><li>In cooperation with Governments and partner organizations (e.g. INTERPOL), building upon the existing initiatives </li></ul></ul></ul>
  15. 15. Rio+20 process as opportunity <ul><li>World Congress on Justice, Law and Governance for Environmental Sustainability, Rio de Janeiro, 1-3 June 2012 </li></ul><ul><li>(In conjunction with UN Conference on Sustainable Development) </li></ul>