Enforcement of national environmental laws and regulations implementing MEAs is a function that demands a high level of skill and awareness. The capability of each and every government official responsible for enforcement (or whose functions touch upon enforcement) is vital to ensuring that laws and regulations are fully implemented. Training of such officials is a continuing task, rather than a one-time endeavour, as environmental laws and policies are continually developing and personnel in the relevant fields continually change.
“Training” in this sense includes, among other activities:
- awareness building,
- job knowledge acquisition, and
- skills improvement.
Some of the key players in the arena of national enforcement of environmental laws and regulations implementing MEAs who can benefit from training include:
- Enforcement agencies;
- Environmental enforcement personnel such as inspectors;
- Customs officials;
- Police;
- Public prosecutors;
- Magistrates;
- Judges; and
- Judicial auxiliaries.
Developing a programme for the practical training of each category or the integrated groups of officials might appear to be a daunting task, but such training can build upon existing capacity-building efforts and initiatives. Moreover, there are currently many workshops and training activities carried out at the international level by various institutions and governmental bodies that national-level officials can greatly benefit from. Training activities can include programmes on:
- Improving awareness in the enforcement agencies/personnel of their functions and role in enforcing environmental laws and regulations, knowing what their jobs entail, and how they each fit in as essential link in the vital chain of the environmental enforcement machinery;
- Instruction on various forms of evidence in support of a claim of violation of laws implementing MEAs, case development and prosecution, and guidance on imposition of appropriate penalties, for public prosecutors, magistrates, environmental enforcement personnel, custom officials, etc., in connection with civil, criminal and administrative matters;
- Issues dealing with the nature and enforcement of environmental laws and regulations, particularly assessment of compensation, costs and/or damages based on environmental harm arising from violations of the applicable laws and regulations, for judges, magistrates and judicial auxiliaries;
- Creating common understanding with the enforcement officials (that is, the regulators, environmental enforcement personnel, prosecutors, judges, etc.) to enable them understand one another’s roles and responsibilities;
- Practical training on inspection techniques, advanced training in investigation techniques including surveillance, crime scene management and forensic analysis for environmental enforcement personnel, e.g., inspectors, etc.;
- Development of capabilities to coordinate action among domestic and international agencies, share data and strengthen capabilities to use information technology to promote enforcement;
- Developing capabilities to design and use economic instruments effectively to enhance compliance;
- Developing innovative means for securing, raising and maintaining human and financial resources to strengthen enforcement; and
- Application of analytical intelligence techniques to grade and analyse data and provide pertinent information on targeting environmental criminals.