International Network for Environmental Compliance and Enforcement ECENA 1 st Plenary Meeting Januari 19-20, 2006 Zagreb Henk Ruessink (i.c.w. INECE Secretariat) Environmental Law, Good Governance, Sustainable Development: Opportunities and Perspectives

The Need for Enforcement Since 1972, both multilateral environmental agreements and national environmental laws & agencies have increased. But environmental quality continues to decrease. Growing consensus that weak compliance & enforcement is a key reason. Agenda 21 established an international mandate to build enforcement capacity as an essential element of environmental management.

Closing the Gap: Transgovernmental Networks INECE is such a network. Solves “trilemma”: need more global rules,need more global rules, without centralized power,without centralized power, but with political accountability.but with political accountability.

About INECE

What is INECE? Global network of environmental compliance & enforcement practitionersGlobal network of environmental compliance & enforcement practitioners –More than 4,000 from more than 120 countries –Government officials, international governmental organizations, & non-governmental organizations Key partnersKey partners –Netherlands, United States, Environment Agency, European Commission, Brazil, Canada, other national governments –World Bank, UNEP, OECD

What is a Transgovernmental Network? Form of cooperation involving government officials (and sometimes NGOs)Form of cooperation involving government officials (and sometimes NGOs) Operates informally (without a formal treaty or institution)Operates informally (without a formal treaty or institution) Allows officials to interact with, cooperate with, and learn from their peers in other countriesAllows officials to interact with, cooperate with, and learn from their peers in other countries

INECE Strategic Work Program Raising AwarenessRaising Awareness –Issue Analysis (e.g., White-papers) –Publications (e.g., Making Law Work) & message promotion Capacity BuildingCapacity Building –Principles of Enforcement and Other Courses –International and Regional Conferences –Performance Measurement: INECE ECE Indicators Enforcement CooperationEnforcement Cooperation –Emissions Trading, Hazardous Wastes, Illegal Logging, Water Resources Management, Ozone Depleting Substances –Regional and Topic-Specific Networks e.g., Maghreb (Nothern Africa), AECEN (Asia)e.g., Maghreb (Nothern Africa), AECEN (Asia) e.g., prosecutors, judgese.g., prosecutors, judges

Multiple Players ScientistsScientists ParliamentariansParliamentarians RegulatorsRegulators ProsecutorsProsecutors JudgesJudges Civil SocietyCivil Society IndustryIndustry Academics Media Intergovernmental Organizations International Financial Institutions Capital Markets

Beginnings 1985 – MOU between US EPA and Dutch VROM to cooperate on environmental enforcement1985 – MOU between US EPA and Dutch VROM to cooperate on environmental enforcement 1989 – Ongoing bilateral exchange between US EPA and Dutch VROM1989 – Ongoing bilateral exchange between US EPA and Dutch VROM The first International Enforcement Workshop held in Utrecht, The Netherlands The first International Enforcement Workshop held in Utrecht, The Netherlands Subsequent Conferences in Budapest, Oaxaca, Chiang Mai, Monterey, San Jose, and MarrakechSubsequent Conferences in Budapest, Oaxaca, Chiang Mai, Monterey, San Jose, and Marrakech

7 th INECE Conference Marrakech, 9-15 April 2005Marrakech, 9-15 April 2005 Approx. 200 participants, from 63 countries / 124 organizationsApprox. 200 participants, from 63 countries / 124 organizations 6 plenaries; 25 workshops6 plenaries; 25 workshops Reports at at

Key Marrakech Conference Outcomes Promoted role of compliance and enforcement in achieving sustainable developmentPromoted role of compliance and enforcement in achieving sustainable development Developed “Marrakech Statement” and Call to ActionDeveloped “Marrakech Statement” and Call to Action Initiated process for launching an enforcement network for the Maghreb regionInitiated process for launching an enforcement network for the Maghreb region Generated significant list of “ideas for action”Generated significant list of “ideas for action”

Key Marrakech Conference Outcomes Agreed to develop a wildlife enforcement and compliance networkAgreed to develop a wildlife enforcement and compliance network Agreed to enhance the capacity of parliamentariansAgreed to enhance the capacity of parliamentarians Launched initiative to collect and record “Stories of Success”Launched initiative to collect and record “Stories of Success” Developed new strategic partnershipsDeveloped new strategic partnerships

Environmental Compliance & Enforcement Indicators Measure and manage program performance and effectivenessMeasure and manage program performance and effectiveness INECE Performance Measurement GuidanceINECE Performance Measurement Guidance Developing training program for identification, design, and use of these IndicatorsDeveloping training program for identification, design, and use of these Indicators Pilot projects around the worldPilot projects around the world INECE/UNEP indicators for implementation of multilateral environmental agreementsINECE/UNEP indicators for implementation of multilateral environmental agreements

Water Governance Course Water governance refers to the systems in place to regulate the development and management of water resources and provision of water servicesWater governance refers to the systems in place to regulate the development and management of water resources and provision of water services Three modules in Course:Three modules in Course: –writing enforceable legal requirements –ensuring compliance and enforcement –performance measurement Case study and class exercises focusing on pollution of riversCase study and class exercises focusing on pollution of rivers

Judicial Remedies Global and Regional Judges SymposiaGlobal and Regional Judges Symposia –Capacity building –Training Comparative Judicial Remedies ProjectComparative Judicial Remedies Project –Comparative data on penalty policies –“Penalty calculator” tool built on the best practices of judges and regulators from around the world.

Enforcement Cooperation Projects Logging and WildlifeLogging and Wildlife – Wildlife Enforcement Network to promote NGO and government cooperation “Green Customs” and “Ecomessage”“Green Customs” and “Ecomessage” –Technical assistance, (inter)national contacts, information exchange, and technical support Hazardous Waste at PortsHazardous Waste at Ports –Coordinating efforts to curtail “port shopping”

Chapters include: Compliance Theories MEAs in Action Domestic Strategies Courts, Tribunals, & Liability Information Regulation Compliance Assistance Regulators’ Choice of Strategies Indicators Transgovernmental Networks Compliance & Competitiveness

INECE Web Site

Starting a Maghreb Network ( Starting a Maghreb Network ( Morocco, Algeria, Tunesia, Lybia and Mauretania)

What Can Networks Do? By working directly peer-to-peer, networks can:By working directly peer-to-peer, networks can: –flexibly and quickly disseminate information –enhance enforcement cooperation –harmonize laws and regulations –address common problems from shared perspective shaped by experience and expertise Build capacity of enforcement officersBuild capacity of enforcement officers

Existing ECE Networks INECEINECE IMPEL (EU)IMPEL (EU) AECEN (Asia)AECEN (Asia) CEC (N. America)CEC (N. America) REPIN (EECCA) ECENA (Balkans) Green Customs

Basic things for Networks Identify geographic scope and key participantsIdentify geographic scope and key participants Establish clear mission, multi-year work plan with clear focus, and strategies for linking to existing enforcement networksEstablish clear mission, multi-year work plan with clear focus, and strategies for linking to existing enforcement networks Identify coordinator and chair of networkIdentify coordinator and chair of network Develop strategic plan with goals, priority projects, activities, timeframes, personnel, partners, budget, metrics, and other strategies (e.g., communications, web)Develop strategic plan with goals, priority projects, activities, timeframes, personnel, partners, budget, metrics, and other strategies (e.g., communications, web) Develop sustainable funding strategyDevelop sustainable funding strategy

What Could a Maghreb Network Do? ECE Indicators projectECE Indicators project Enforcement cooperation on waste in portsEnforcement cooperation on waste in ports Peer review enforcement systems to assess capacity building needsPeer review enforcement systems to assess capacity building needs Trainings (e.g., Principles of Enforcement; water governance)Trainings (e.g., Principles of Enforcement; water governance) Share knowledge and build contacts among regulators, enforcers, inspectors, etc.Share knowledge and build contacts among regulators, enforcers, inspectors, etc.

Conclusion Successful networks: –Respond to an identified need –Adhere to a Strategic Plan –Empower participants –Stay focused but remain responsive to new needs –Leverage potential of networking

Contact Information Durwood Zaelke Director of Secretariat Geneva & Washington, DC Web: