EAST AFRICAN NETWORK FOR ENVIRONMENTAL COMPLIANCE AND ENFORCEMENT

REPORT OF THE ENVIRONMENTAL CRIMES WORKSHOP HELD AT MOMBASA BEACH HOTEL ON 12-13 APRIL, 2012

EANECE SECRETARIAT Email: eanece@eanece.org Website: http://www.eanece.org

Acronyms CCN: CFA: EA: City Council of Nairobi EC: Environmental Crime Community Forest Association Environmental Audit

EANECE: East African Network for Environmental Compliance and Enforcement EIA: EMCA: Environmental Impact Assessment Environmental Management and Coordination Act

INTERPOL: International Police KFS: KRA: KWS: LATF: NEMA: Kenya Forest Service Kenya Revenue Authority Kenya Wildlife Service Lusaka Agreement Task Force National Environment Management Authority

Table Contents
Acronyms ............................................................................................................................................................................. 2 Executive Summary ............................................................................................................................................................ 4 1.0 INTRODUCTION ..................................................................................................................................................... 5 1.1 Welcome and Background ..................................................................................................................................... 5 1.2 Workshop objectives ............................................................................................................................................... 5 1.3 Workshop Structure ................................................................................................................................................ 5 2.0 WORKSHOP PROCEEDINGS .............................................................................................................................. 7 2.1 What is Environmental Crime? ............................................................................................................................. 7 2.2 NEMA Presentation................................................................................................................................................ 7 2.3 Presentation by KWS: Wildlife and other related environmental related crimes. ...................................... 8 2.4 Presentation by KFS: Forestry related Crimes .................................................................................................... 9 2.5 Presentation by Lusaka Agreement Taskforce .................................................................................................. 10 2.6 Presentation by Customs Department, KRA. ................................................................................................... 11 2.7 Presentation by Interpol ....................................................................................................................................... 12 2.8 Presentation by City Council of Nairobi ............................................................................................................ 13 3.0 WORKSHOP RECOMMENDATIONS AND WAY FORWARD ............................................................... 14 Appendices......................................................................................................................................................................... 17 Appendix 1- List of Participants:.................................................................................................................................... 17 Appendix 2- Programme ................................................................................................................................................. 18

Executive Summary Environmental crime is a serious and growing concern. Not only does it harm the environment and human health, but it often has an impact on the economy and on general quality of life as well. On 12th- 13th April 2012, the East African Network for Environmental Compliance and Enforcement (EANECE) held a 2 day Environmental Crimes Workshop at the Mombasa Beach Hotel. The workshop brought together 20 participants from various government agencies in Kenya including Kenya Wildlife Service, Kenya Forest Service, Kenya Revenue Authority, Kenya Police, Interpol, City Council of Nairobi and National Environment Management Authority. The workshop objectives were: to discuss and understand the nature, extent and trends of environmental crimes in Kenya; to understand the challenges faced in enforcing environmental crime laws in Kenya; and, to come up with common strategies for enhanced cooperation in the areas of information/intelligence sharing, environmental crime investigations and prosecutions. After two days of presentations and deliberations, the participants were in agreement that environmental crimes are on an upward trend in Kenya, and that several challenges were hindering the implementation and enforcement of environmental crime laws in Kenya. Based on the challenges identified, the participants came up with a raft of challenges which if implemented will go a long way in curbing the rising trend of environmental crimes. This report is a summary of the proceedings of the workshop. The full text of the presentations and recommendations are available at http://www.eanece.org . The EANECE Secretariat hopes that the recommendations of this workshop will lead to enhanced cooperation and collaboration among the relevant government agencies involved in combating various forms of environmental crimes in Kenya.

GERPHAS OPONDO|REGIONAL COORDINATOR EANECE SECRETARIAT, NAIROBI, KENYA.

1.0 INTRODUCTION On 12th and 13th April 2012, the East African Network for Environmental Compliance and Enforcement (EANECE) held a 2 day Environmental Crimes Workshop at the Mombasa Beach Hotel. The workshop brought together 20 participants from various government agencies in Kenya including Kenya Wildlife Service, Kenya Forest Service, Kenya Revenue Authority, Kenya Police, Interpol, City Council of Nairobi and National Environment Management Authority. 1.1 Welcome and Background The EANECE Regional Coordinator, Mr. Gerphas Opondo welcomed all the participants to the workshop and each was given an opportunity to introduce him/herself. He went ahead to give an overview of EANECE and its activities in the East Africa region. (See www.eanece.org) Participants were informed that EANECE is an informal network of environmental regulators in East Africa whose mission is to ensure sustainable development through efficient and effective implementation and enforcement of environmental requirements. The network is committed to collaborate and corporate with other players including the private sector and civil society. The network is closely affiliated to International Network for Environmental Compliance and Enforcement (INECE) (See www.inece.org) 1.2 Workshop objectives To discuss and understand the nature, extent and trends of environmental crimes in Kenya; To understand the challenges faced in enforcing environmental crime laws in Kenya; and To come up with common strategies for enhanced cooperation in the areas of information/intelligence sharing, environmental crime investigations and prosecutions.

1.3 Workshop Structure

Day 1 Thursday 12th April 2012.

The workshop commenced with registration of participants. This was followed by welcome and introductory remarks by the EANECE Regional Coordinator Gerphas Opondo who also gave the overview of the network, its formation and operations in the region. Later Mr. Opondo led the participants in setting ground rules and outlining their expectations from the workshop. Day 1 was divided into two sessions as outlined below: g

Session 1: Nature, Extent and Trends of Environmental Crimes in Kenya.dentifi challenges.

Session Format: Moderator provides 10 minutes general overview of Environmental Crimes then introduces panelists to make 30 minute presentations each regarding the their respective organizational mandates, followed by Plenary discussion.
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Panelists: KWS,KFS,NEMA

Session 2: Cooperation, information and intelligence sharing in the enforcement of environmental laws
Session Objectives: Share information on the available avenues for cooperation, information and intelligence sharing; share strategies on effective enforcement of environmental laws. Session Format: Moderator provides 10 minutes general overview of Cooperation for Environmental Compliance & Enforcement then introduces panelists to make 30 minute presentations each regarding the roles of their respective organizations in combating environmental crimes, followed by plenary discussion.

Panelists: LATF, KRA (Customs), CCN, Interpol.

Day 2 Friday 13th April 2012.

Day 2 was divided into two main sessions as outlined below a) Overview of the Draft Harmonized Environmental Inspection and Investigation Manual for East Africa b) Recommendations and Way Forward

2.0 WORKSHOP PROCEEDINGS 2.1 What is Environmental Crime? Mr Bernard Opaa the Moderator of the first session began by asking participants to give a definition of environmental crime on they own perspective and understanding. After contributions by participants he summed up the definition of Environmental Crime as any illegal acts which directly harm the environment and human health, and are punishable by law.He added that environmental crime is a serious and growing concern. Not only does it harm the environment, but it often has an impact on the economy and on general quality of life as well. 2.2 NEMA Presentation Inspector Mohammed Abdi from the NEMA Police Unit gave a presentation on the Nature, Trends and Extent of Environmental Crimes in Kenya form NEMAs point of view. He pointed out that the key categories of environmental crimes that NEMA deals with include the following: Crimes related to EIA/EA, Noise pollution and excessive vibrations, Water pollution, Waste management, Ozone depleting substances, Wetlands, Biodiversity, etc. The highlights of the presentation were as follows: Challenges faced by NEMA He highlighted the challenges faced by NEMA in dealing with environmental crimes as follows:
Challenges of investigations:

Lack of facilitation during hearing of cases Process is tedious and rigid No emergency funds set aside for emergency cases Inadequate time frame for investigations by officers Undue pressure and coercion during investigations Centralized governance system in terms of decision making thus causing delays.

Prosecution challenges:

Enactment of Kenya constitution Establishment of Environment and Land courts Ongoing review of EMCA (1999) Increasing cooperation and partnership between and amongst the various lead agencies (goodwill towards environmental management)
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2.3 Presentation by KWS: Wildlife and other related environmental related crimes. Mr. Joseph Sarara, a Senior Warden with KWS made a presentation on the Nature, Extent and Trends of Environmental Crimes from the wildlife point of view. He listed the following as the main crimes that KWS has to contend with on regular basis: Poaching, habitat destruction within national parks, illegal possession and dealing with wildlife products such as ivory, grazing in national parks, illegal entry. He then proceeded to highlight the following issues in his presentation:
Emerging trends in wildlife security

Resurgence of elephant and rhino poaching Livestock incursion into wildlife conservation areas Shifts in poaching areas and means Trophy trafficking methods and concealments Changes in wildlife movements and dispersal patterns Climatic changes Encroachment into wildlife protected areas

Trophy trafficking methods and concealments

Hiding specimens Mis-declaration Permit fraud Use of postal courier routes Payment transactions through electronic money transfer

Security challenges faced in wildlife conservation

Encroachment Poverty Weak wildlife legislation policy Conflicting legislation governing other sectors Sophistication of wildlife crimes International dynamics of illegal wildlife trade
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Proliferation of small arms Global terrorism Climate change

Way forward/facing the future

Establishment of specialized unit Enhanced security operations Conservation education to create public awareness and public support on conservation Mitigation on weak environmental laws Enhanced monitoring and surveillance over the key species Force modernization through restructuring, equipment acquisition Partnership and collaboration Increased collaboration and partnership

2.4 Presentation by KFS: Forestry related Crimes This presentation was delivered by Mr. Humphreys Ogutu from Kenya Forest Service. He highlighted the following issues in his presentation:
Forestry related crimes

Illegal logging Illegal presence of human and livestock without permission Collections of forest produce without a license Export of forest produce without a license Illegal dumping of wastes Mining and quarrying Altering/counterfeiting documents

Challenges Vastness of the forests. 9

Infrastructure: conventional roads, difficult terrain, thick forest.

Porous boundaries: land grabbing, illegal loggers, hunters, honey gathers, cannabis growers. Erratic rains Inadequate sensitization of the public

Solution/strategies

Community participation in forest activities Presidential ban on endangered trees (red cedar, camphor, bamboo) Regulations by Minister Enhanced training for rangers Partnership with other stakeholders Manage environmental crimes in protected areas Intensify capacity building and awareness campaigns e.g. that promote climate change Increase collaboration and partnership Develop program that are community friendly and re-think on public participation Payment of environmental services Establish disaster response and incidence management teams.

2.5 Presentation by Lusaka Agreement Taskforce

The 4th presentation was done by Mr. Thomas Rwegasira from Lusaka Agreement Task Force. He pointed out that inadequate cooperation is a hindrance to effective combating of international wildlife smuggling syndicates and poaching gangs across the borders. He also pointed out that wildlife crime is increasingly becoming organized and trans-national in nature which is committed at two levels i.e. local and international. Traffickers are mostly Asian businessmen and expatriate communities in Africa. Wildlife trafficking methods

Concealment Mis-declaration Permit fraud

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Use of postal courier services Diplomatic luggage

Challenges faced by LATF

Inadequate co-operation Inadequate funding Lucrative market for wild flora and fauna Increasing sophistication of wildlife crime Corruption, abuse of power and authority

Way forward

Information exchange Improve institutional cooperation Enhanced institutional and personnel capacities Promoting rule of law and good governance

2.6 Presentation by Customs Department, KRA. This presentation was done by Mr. Kobia David Julius from Customs, Mombasa. He first talked about the Green Customs Initiative that broadly encompasses compliance and enforcement of Multilateral Environmental Agreements (MEAS) within the enforcement chain by customs authorities. The Green Customs Initiative is an unprecedented partnership of international organizations cooperating to enhance the capacity of customs and other relevant enforcement personnel to monitor and facilitate the legal trade and to detect and prevent illegal trade in environmentally-sensitive commodities covered by the relevant conventions and Multilateral Environmental Agreements (MEAs). These include ozone depleting substances (ODS), toxic chemical products, hazardous wastes, endangered species and living-modified organisms.
Customs initiatives against environmental crimes

Monitoring and seizure of illegal equipments Use of cost-effective, non-intrusive detection methods Prosecution of criminal cases involving such equipments Communication of alerts through RILO-ESA
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Enforcement of CITES through LATF Training and knowledge management of customs front line enforcement officer Referrals to the customs lab and use of the CENHS

Challenges

Capacity and knowledge gap in environmental crime interdiction Inadequate tools and equipments Lack of interagency coordination of effort General weakness in customs control and systems

Strategies to deal with the Challenges

Increased efforts to cooperate and exchange secure information among all may include training materials, information on emerging trends seizure reports, information on traders, information on issuance of import/export permits, coordinated release to the public. Use intelligence driven enforcement and policing to dismantle the environmental crime networks. Enhance the capacity of customs officers to monitor and control environmental crime through regular training on the same. There is very little time for Customs frontline officers to detain any suspicious consignment for verification. Assistance via official channels may not be available in a desired time frame. Informal consultation and assistance from experts and other Customs colleagues in terms of identification, and whether a certain consignment is controlled by the MEAs would greatly facilitate rapid decision making on the ground 2.7 Presentation by Interpol
This presentation was delivered by Ms. Lydia Chebasis from Interpol NCB Nairobi. She began by highlighting Eco-messages which is a system of reporting all forms of environmental crimes for Interpol. She later highlighted the following issues: Challenges

Inadequate Resources Divisions separating law enforcement agencies Lack of communication Weak legislation
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Corruption Lack of political goodwill

Way forward

Legislate improvement required Cooperation to be strengthened Sharing intelligence Capacity building Formation of a taskforce

2.8 Presentation by City Council of Nairobi This presentation was delivered by Margaret Kariuki from City Council of Nairobi. The highlights of this presentation were as follows:
Challenges

Political interference Way leaves Land on riparian Non-punitive by-laws cant deter offenders Inadequate resources Inadequate tools Technical capacity Inadequate networking with relevant law enforcement agencies

Strategies

Develop long term development strategies Develop planning policies and standards Implement development guidelines Establishment of standard enforcement procedures
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Formulation of policies and action plans

3.0 WORKSHOP RECOMMENDATIONS AND WAY FORWARD Based on the challenges identified during the workshop, the participants adopted the following set of recommendations by consensus:
Financial and Human Resources Gaps Recommendation 1

Set aside and/or enhance budgetary allocations for compliance and enforcement programmes in the respective environmental management institutions including networking with other agencies in order to match the rising environmental crimes.
Recommendation 2

Reduce unnecessary red-tape and bottlenecks in financial procedures to ensure timely availability of funds for enforcement actions such as investigations and court attendance. In addition: Consider a standing imprest for emergency cases

Recommendation 3

Forge and enhance collaboration and stronger partnerships among and between the various agencies in order to maximize the utilization of available human know-how and financial resources through joint operations. In addition: Establish clear mechanisms for resource mobilization and disaster/incidence response Promote intelligence based response to environmental violations

Capacity Building Education and Outreach Recommendation 4

Enhance institutional and personnel capacities for environmental agencies and other relevant lead agencies such as Customs.
Recommendation 5

Enhance capacity building through joint training of enforcement officers from the various law enforcement agencies.
Recommendation 6

Promote technical assistance between the various agencies in order to bridge existing capacity gaps.
Recommendation 7

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Develop innovative strategies for engaging key stakeholders in the law enforcement cycle such as the police and judiciary in order to enhance their understanding of environmental management and the gravity of environmental crimes.
Recommendation 8

Step up education and outreach programmes for the regulated community in order to enhance their understanding of environmental requirements. This will increase voluntary compliance.
Flora and Fauna outside protected areas Recommendation 9

Develop clear policies and strategies for participatory management of wildlife (flora and fauna) outside protected areas to reduce incidences of conflict and poaching. In addition: Promote sustainable community livelihoods Undertake NR valuation to demonstrate the value of the resources to the communities

Climate Change Adaptation Recommendation 10

Promote Climate Change Adaptation programmes to make communities resilient to the effects of climate change in order to reduce conflict and reliance on wildlife products for survival. In Addition: Build capacity of enforcement officers to detect and deal with carbon trade related crime

Community participation Recommendation 11

Develop programmes that promote community participation in environmental management in order to have their support in compliance and enforcement.
Disaster Preparedness Recommendation 12

Establish disaster response and incident management strategies to deal with emergent environmental incidents and disasters such as oil spills, forest fires, etc.
Integrity Recommendation 13

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Ensure high ethical standards among enforcement officers in order to reduce incidences of corruption. Domesticate the ethics and anti-corruption law into internal institutional policies on corruption. Conflicting/Overlapping Institutional Mandates
Recommendation 14

Streamline and harmonize the relevant laws in order to minimize conflict of mandates between the various organizations.
Trans-boundary Environmental Crime Recommendation 15

Promote exchange of information, multi-agency & international cooperation through channels such as LATF, INTERPOL and EANECE in order to tackle trans-boundary environmental crime. In this regard: Man all international entry and exit points to stem movement of contraband materials e.g. ODS, E-waste, etc. Put in place laws to deal with emerging issues such as e-waste Update detection equipment and skills to cater for the changing dynamics in EC Continuous targeted stakeholder sensitization Station officers from relevant agencies at entry/exit points.

Low Court Fines

Re-engineer laws to have minimum sentences as opposed to maximum sentences Cost recovery should be provided for in the revised laws Sensitize judiciary officials to enhance their understanding of the impact of environmental crimes Petition for the establishment of specialized courts to deal with EC Build capacity of prosecutors and investigators to lay before court the impact of the EC Petition for the review of the Police Force Standing Order to take care of the emerging serious environmental crimes as part of the ongoing police reforms Heighten the penalties under environmental related legislations e.g. EMCA to move the offences from misdemeanors (minor crimes) to felonies (serious crimes).

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Appendices Appendix 1- List of Participants: NAME 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Theotimos N. Rwegasira Aggrey Abwogi Kobia Julius David David Karanja Migwi Margaret Kariuki Robert Orina Faith Mwendwa Peter Ogaso Lydia Chesebe Lilian Odhiambo Humphreys Ogutu Joseph Sarara Ben Opaa Gerphas Opondo Mohammed Abdi Peninah K. Nyasani Selelah Okoth Col (Rtd) Francis H. Ndegwa Benjamin Langwen Ali Mwanzei ORGANIZATION Lusaka Agreement Task Force Kenya Police C.I.D Mbs Kenya Revenue Authority Kenya Wildlife Service City Council of Nairobi NEMA NEMA NEMA Interpol EANECE Kenya Forest Service Kenya Wildlife Service NEMA EANECE NEMA NEMA NEMA Kenya Forest Service NEMA NEMA

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Appendix 2- Programme

EAST AFRICAN NETWORK FOR ENVIRONMENTAL COMPLIANCE AND ENFORCEMENT

ENVIRONMENTAL CRIMES WORKSHOP 12-13 APRIL, 2012 AT THE MOMBASA BEACH HOTEL OBJECTIVES To discuss and understand the nature, extent and trends of environmental crimes in Kenya; To understand the challenges faced in enforcing environmental crime laws; To come up with common strategies for enhanced cooperation in the areas of information/ intelligence sharing, environmental crime investigations and prosecutions. PROGRAMME DAY 1 THURSDAY 12TH APRIL, 2012 TIME SESSION RESPONSIBLE

0830 0900

Registration Welcome and Introduction About EANECE Setting Ground Rules Workshop Objectives and Expectations Official Opening Remarks

Secretariat G. Opondo

0930

B.M. Langwen Chair, EANECE Executive Committee

1000 1030

TEA/COFFEE BREAK

Nature, Extent and Trends of Environmental Crimes in Kenya

Moderator: Mr. Bernard Opaa

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Session Objectives: Share information on the nature, extent and trends of environmental crimes in Kenya; the challenges in enforcing environmental crime laws; and strategies in dealing with the identified challenges. Session Format: Moderator provides 10 minutes general overview of Environmental Crimes then introduces panelists to make 30 minute presentations each regarding the their respective organizational mandates, followed by Plenary discussion. 1300 LUNCH BREAK

NEMA

Presenters: KWS KFS NEMA

1400

Cooperation, information and intelligence sharing in the enforcement of environmental laws

Session Objectives: Share information on the available avenues for cooperation, information and intelligence sharing; share strategies on effective enforcement of environmental laws. Session Format: Moderator provides 10 minutes general overview of Cooperation for Environmental Compliance & Enforcement then introduces panelists to make 30 minute presentations each regarding the roles of their respective organizations in combating environmental crimes, followed by Plenary discussion.

Moderator: Mr. Robert Orina, Presenters: LATF Interpol KRA CCN

1600

TEA/COFFEE BREAK END OF

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DAY I DAY 2 FRIDAY 13TH APRIL, 2012

TIME

SESSION

RESPONSIBLE

0900

Welcome and Recap of Day 1

0920

Overview of the Draft Harmonized Environmental Inspection and Investigation Manual for East Africa

G. Opondo

1000

TEA/COFFEE BREAK

1030

Recommendations and way forward

R. Orina

1130

Vote of Thanks

G. Opondo

1145

Closing Remarks

B.M. Langwen

1300

LUNCH BREAK, END OF WORKSHOP

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