Ladies and Gentleman
22/02/2006 - Heads and officials of provincial
departments
Officials from Departments of Water Affairs
& Forestry, Transport and Health
Municipal officials
Prosecutors of the National Prosecuting
Authority and officials from the South African
Police Services
Officials from the Environment Agency of
England and Wales
Officials of the United States Department
of Justice
Officials from the British High Commission
and the US Embassy
Representatives of NGOs, industry and members
of the public
Welcome to our Environmental Enforcement
Conference, the first conference of its
kind in South Africa. If you look around
you, you will see environmental enforcement
officials and people committed to enforcement
from a range of government and non-government
institutions. This is the first time we’ve
brought all these people together around
the important theme of enforcement of environmental
legislation.
Why is enforcement important? Enforcement
is not the only tool we use to achieve compliance
with our legislation - compliance is also
promoted through well-designed, appropriate
legislation, and through education and support
for those whose activities impact on the
environment.
Yet we cannot have a healthy environmental
management system without enforcement. Even
the best legislation becomes a book on the
shelf if the regulated community does not
know for certain that, should they choose
not to comply, there will be penalising
consequences.
The reality is that those who are most
penalised by environmental non-compliance
are some of our most vulnerable groups –
those who live in marginal areas without
the resources to protect themselves against
air pollution, to send their children to
play in safe areas where they do not come
into contact with hazardous waste, to drink
water that is clean.
You may know that we’ve had unprecedented
interest in this conference, which also
shows that momentum of some significance
has developed around enforcement of our
environmental legislation. I think you will
be aware that my department has radically
stepped up its emphasis on enforcement over
the past few years.
Enforcement in the past
Before we look at what has been achieved,
it is, however, important to stop fro a
moment and remember where we came from in
enforcement. For many years, with the notable
exception of our provincial conservation
ordinances, our legislation was hardly enforced
at all, partly because the old legislation
was not particularly well-designed for compliance
and enforcement. When the first EIA regulations
came in to effect in 1997, we now had important
rules in place, but still we did not crack
down on offenders in any meaningful way.
Why was this the case? Some of these reasons
included lack of human resource capacity
- in numbers, but also in skills: we were
not giving our officials the right skills
to be effective enforcers. We also did not
create ways for enforcement officials to
talk to each other and share experience
and information; in this way, each institution
– parks boards, provincial departments,
municipalities – all developed their own
resources and precedents. Often in the past,
offenders have played us off against each
other, for their own benefit. Finally, where
we did do enforcement, we were not very
good at communicating this through the media.
New developments
The theme of this first Environmental Enforcement
Conference is “Stepping Up Enforcement:
New Powers, Tools and Networks”. This theme
reflects a number of new developments in
the field of enforcement.
The Environmental Management Inspectorate
In May 2005, the first amendment to our
National Environmental Management Act came
into effect, providing, for the first time,
proper compliance and enforcement provisions
in NEMA. More specifically, it provided
for a new statutory designation for our
enforcement officials, namely that of Environmental
Management Inspectors. These EMIs are charged
with monitoring compliance and enforcing
not only NEMA itself, but all national environmental
management legislation – the new Protected
Areas Act, the new Biodiversity Act and
the new Air Quality Act. Within the next
18 months we hope to add the Waste Act to
this list.
EMIs can be given a range of new inspection,
investigation and enforcement powers, including
the powers of search and seizure and arrest.
EMIs can be designated in my department
and other national organs of state, in provincial
environment departments and provincial organs
of state, and in municipalities.
In June 2005, the Minister of Environmental
Affairs and Tourism designated the first
26 EMIs in my department and in SANParks’
special investigation unit. On 1 November
2005, when our new Protected Areas Act came
into effect, more than 600 SANParks EMIs
were designated. Within the next three months,
MECs will start designated EMIs in provinces
as well. By mid-2006, we expect there to
be at least 800 designated EMIs across the
country.
In 2006/7, my department will start to
engage with provincial environment departments
regarding the participation of our municipalities
in the Environmental Management Inspectorate.
New support tools
My department, working with provincial
environment departments and the parks boards,
has developed a number of key tools to support
EMIs across the country. Probably the most
important of these is the EMI Bridging Training
Course which is currently rolled out across
the country. This is an intensive training
course designed to prepare our existing
enforcement officials for their new powers
and responsibilities. In 2006/7, this bridging
training course will be developed into a
more permanent basic training course for
EMIs.
Other support tools are a brand new website
for EMIs only (www.emi.gov.za) – here, our
EMIs will be able to share resources and
experience in a national virtual forum.
We will also shortly be launching a logo
for EMIs which will recognisable across
the country.
DEAT has also now put in place a brand
new tip-off line, which we call our Environmental
Crimes and Incidents hotline – 0800 205
005. This tip-off line operates 24 hours
a day. Our commitment is that all reports
will be logged and either investigated by
officials in my Department, or referred
to the appropriate department in provincial
or local government for investigation.
Other new legislation
All our new legislation promulgated in
the last two years will also have a significant
impact on improving the effectiveness of
enforcement. The Protected Areas Act and
regulations are now fully in effect. The
first draft of the regulations to the Biodiversity
Act will shortly be published for public
comment.
Very hard work is underway to put all the
measures in place for the commencement of
the remaining provisions of the Air Quality
Act. The Air Quality Act has no fewer than
14 new criminal offences, and significant
penalties.
The new EIA regulations to be promulgated
shortly, now regulations under NEMA, will
also be enforceable by EMIs. Under the Environment
Conservation Act, the penalty for not complying
with the old EIA regulations was R100 000.
NEMA now provides for a fine of up to R5
million for non-compliance with the EIA
regulations.
The Environment Court
Importantly, we want to continue with success
of my Department’s joint pilot project with
the Director of Public Prosecutions in Cape
Town and the Department of Justice and Constitutional
Development, namely the Environment Court
in Hermanus.
In that project, a remarkable increase
in prosecutions and in the prosecution success
rate of marine-related crimes was achieved
through dedicated magistrates and prosecutors,
and by providing hands-on support to prosecutors
across the country. In the Environment Court
itself, the current prosecution success
rate is 75%, and at least 25 of those convicted
received sentences of direct imprisonment
without the option of a fine.
New networks
It is fair to say that, in the past, environmental
offences were not prioritised by other criminal
justice institutions like the SAPS and the
National Prosecuting Authority, faced with
high rates of murder, robbery, rape and
assault.
This has changed significantly over the
past year. Today we have a number of SAPS
officials present (including staff from
the SAPS Forensic Laboratory and the Endangered
Species Desk). The NPA’s support for the
prosecution of environmental crimes is evidenced
by the fact that they have sent 22 delegates
to this conference! We are impressed with
the commitment from both the National Director
of Public Prosecutions, but also from the
Department of Justice through its Justice
College.
In July 2005, my department and the NPA
(with the support of the U.S. Environmental
Protection Agency and the U.S. Department
of Justice) presented a training course
to 40 prosecutors, some of whom are here
today. At the start of this training course,
the Deputy Minister announced a new award
of excellence to recognise a prosecutor
or prosecutors who have made an outstanding
contribution to the prosecution of environmental
crimes. The winner or winners of this award
will be announced by the Deputy Minister
at our cocktail function this evening.
You can also expect to see more cooperation
between EMIs and enforcement officials in
the Department of Water Affairs and Forestry,
particularly in relation to pollution matters.
Already, officials are working together
on major joint investigations. DWAF’s prioritisation
of enforcement is evident from the large
delegation of DWAF officials at this conference.
As you will see from presentations over
the next two days, international cooperation
on enforcement is becoming increasingly
important in our globalised world. For this
reason I am happy to welcome our colleagues
from the Environment Agency in the UK, and
from the U.S. Department of Justice’s Environmental
Crimes Section. They are joining us to share
their substantial experience of environmental
enforcement.
Today, the Conference will focus on what
has been achieved to date, including some
enforcement success stories from a number
of institutions, and consider some innovative
approaches to enforcement from the Environment
Agency. When you go into Commissions this
afternoon, we’ll also ask to identify obstacles,
and make recommendations on what has to
be done to address those obstacles. Recommendations
from this conference will be compiled into
a Conference Report which will be submitted
to MINTECH and MINMEC.
Tomorrow, the Conference looks at future
initiatives, asking the question: where
do want to be? We have some challenging
workshop topics, some of which will feed
back into ongoing training.
I wish you all a very successful and stimulating
Conference, with the ultimate aim of giving
meaning to the right of every South African
to have an environment that is not harmful
to their health or wellbeing.
Thank you.
Speech by the Honorable Rejouice Mabudafhasi
during a side event organised by the Global
Network for Women Ministers, at the occasion
of the International Conference on Chemicals
Management - 06 February 2006, Dubai
“Why Gender Matters, Women as Agents for
Change”
Program Director
Your Excellencies
Distinguished guests
Ladies and gentlemen
As we gather here today in Dubai, let us
recall our commitment that we made in Johannesburg
in 2002 during the World Summit on Sustainable
Development. We committed ourselves to sound
management of chemicals for sustainable
development as well as the protection of
human health and the environment. Our main
aim was to ensure that chemicals are used
and produced in ways that are not detrimental
to human health and the environment using
both scientific and community-based approaches.
Chemicals are central to socio-economic
development, and over the next 20 years,
global output of chemicals is projected
to increase by 85% with the largest increase
likely to be in developing countries.
Women are exposed to toxic agricultural
chemicals be it pesticides or fertilizes
which interfere with reproductive system.
Women working as housekeepers may be exposed
to poisoning from the unsafe handling and
storage of household chemicals. In poor
communities these dangers are exacerbated
by unsafe water supply, unsafe working conditions,
illiteracy and lack of empowerment on chemical
management.
Children are especially vulnerable to exposure
to chemicals: from coated food. For a child,
a world of unmanaged chemicals use is a
dangerous and life threatening world.
Progress thus far with regard to the above
is that:
The Stockholm Convention on Persistent
Organic Pollutants (POPS) held its COP 1
in Uruguay last year.
The Rotterdam Convention on Prior Informed
Consent Procedures for Certain Hazardous
Chemicals held its COP1 in Geneva last year.
South Africa hosted the summit on Globally
Harmonised Systems in Johannesburg last
year.
Right here in Dubai, we are now attending
the International Conference on Chemical
Management where we will be adopting the
Strategic Approach to International Chemicals
Management.
However, the following are the major challenges
that we still need to overcome:
Implementation of Multilateral Environment
Agreements (MEAs) at national and local
levels.
Development of partnerships to manage chemicals
in an environmentally sound manner.
Prevention of illegal trade and trafficking
of chemicals.
Development of coherent and integrated information
on chemicals.
Reduction of risk to human health and environment.
When women from all regions of the world
met in 2004 at UNPE’s Global Women’s Assembly
on Environment in Nairobi, we made a commitment
to continue the struggle for a peaceful,
just and healthy environment for all. As
leaders and change agents for change, we
advocated for the full implementation of
women’s rights by supporting activities
that contribute to gender justice, a cleaner
and safer environment and a better life
for our communities.
It is often said that “you empower a woman,
you empower a nation. You empower a man,
you empower an individual”. Women should
therefore be afforded opportunities to play
a meaningful role in chemicals management
if we are to overcome the above challenges.
National Action Plans that have been developed
for the implementation of the four MEAs
on Chemicals, namely, the Basel Convention,
the Rotterdam Convention, the Stockholm
Convention and the Montreal Protocol are
more industry-focused and not community-based.
As most industries are led by men, this
approach has resulted in the exclusion of
women in the implementation of chemicals
management strategies. Therefore, I would
urge this meeting to call for the development
of community-based actions plans as a matter
of urgency.
I would like to share with you some of
the awareness programmes that South Africa
is involved in. We have:
“STOP” programme. STOP stands for Safety
Towards Our People, which is aimed at raising
awareness of communities on the whole cycle
of managing or handling household chemicals
including their use, storage, disposal of
absolete chemicals and disposal of empty
containers.
Another important programme is the Paraffin
Safety Programme which focuses on the poisonings
caused by paraffin, particularly among children.
We are in the process of revisiting our
national legislation and developing regulations
to control the production and use of chemicals
that pose a serious health hazard especially
to vulnerable groups.
Children play an important role in our
society as they are the leadership for the
future and they particularly carry the baton
of protecting the environment and human
health. It is critical that we protect them
against global problems such as:
Child labour through which children are
also exposed to dangerous working conditions.
Poisoning by chemicals on farms, mothers
carrying babies on their backs while working
on farms
Injury and death by fire.
Hunger, poverty and starvation because of
drought.
Exposure to pollution due to emissions and
bad waste management practices.
Environmental degradation leads to extreme
poverty especially in rural areas where
women depend on natural resources for livelihoods.
It is therefore important that women are
actively involved in the planning and execution
of environmental management strategies particularly
in fields that are male dominated such as
chemicals management.
In conclusion, I would like to urge all
of us to work tirelessly and relentlessly
until we achieve the full realization women’s
rights including access to and ownership
of essential resources such as clean sustainable
energy, water, land and natural resources.
Thank you
