The Importance of Environmental Compliance and Enforcement for Sustainable

Development for the Rio+20 Conference

Submitted by
The International Network for Environmental Compliance and Enforcement (INECE), 2300
Wisconsin Ave, NW, Suite 300B, Washington, D.C., 20007, inece@inece.org,
http://www.inece.org
Summary
Robust national environmental compliance and enforcement systems for environmental and
energy laws are critical parts of an effective overall governance strategy to meet green economy,
poverty eradication, and sustainable development objectives. Multidisciplinary approaches to
capacity building for parliamentarians, inspectors, prosecutors, and judges are keys to this
process.
Well designed environmental laws and regulations, which include implementation and
enforcement systems, advance a green economy by improving the health and safety of the
workforce and communities, conserving natural resources and ecosystem services, promoting
sustainability in the business community, expanding markets for environmental goods and
services, creating sustainable jobs, driving technology innovation, and leveling the playing field
for investment by reducing costs.
Recommendation for Language in the Rio+20 Outcomes
Robust national environmental compliance and enforcement systems for environmental and
energy laws are critical parts of an effective overall governance strategy to meet green economy,
poverty eradication and sustainable development objectives. Chapter 8 of Agenda 211
specifically directs States to develop their compliance and enforcement capacity. The outcomes
of the Rio+20 Conference should emphasize institutional mechanisms at the international and
domestic levels for implementation, accountability, compliance, and enforcement, supported by a
science-based approach.
a) Expectations for the outcome of Rio+20
The International Network for Environmental Compliance and Enforcement (INECE) anticipates
that the Parties to Rio + 20 recognize that robust national environmental compliance and
enforcement systems for environmental and energy laws are critical parts of an effective overall
governance strategy to meet green economy, poverty eradication and sustainable development
objectives. The outcomes of the Rio+20 Conference should emphasize institutional mechanisms
at the international and domestic levels for implementation, accountability, compliance, and
enforcement, supported by a science-based approach.
INECE calls on the conveners of the Rio+20 process to recognize that compliance with and
enforcement of national environmental and energy laws are critical components of an overall
1

The United Nations Programme of Action from Rio, Agenda 21. 1992.

strategy for achieving green economic growth. In part, green economy objectives can be
achieved through a modern approach to regulation and compliance that creates value and
opportunities by reducing costs for industry and business, creating markets for environmental
goods and services, reducing business risk and increasing investor confidence, creating
sustainable jobs, improving the health of the workforce and the wider public, and conserving
natural resources. Well-designed environmental regulation can trigger innovations within firms
that partially or fully offset the costs of compliance with those regulations.
b) Comments on existing proposals
Recognizing the importance of well-designed institutions2 for international environmental
governance and echoing the recommendations of the Key Messages from North American Major
Groups and Stakeholders,3 INECE encourages Rio+20 to emphasize the need for countries to
develop domestic enforcement mechanisms that empower all citizens to call for and seek legal
recourse in terms of compliance to commitments, laws and regulations.
c) Views on implementation and closing the implementation gap, including relevant actors
1. Views on implementation
Environmental laws and policies must be designed with compliance and enforceability in mind.
For the regulated community to comply, it must be aware of the rules, willing to comply, and
able to comply. Laws must therefore be no more complex than necessary, cost-effective to
comply with, and consider the social, cultural and psychological profile of the regulated
community. Rules running counter to cultural practices or ignoring economic incentives are
likely to fail. Rules that reward environmental leadership, build on best practices, and ensure a
level playing field are more likely to succeed in securing compliance.
Investing in compliance and enforcement benefits the public by securing a healthier and safer
environment for themselves and their children. It benefits individuals, firms and others in the
regulated community by ensuring a level playing field governed by clear rules applied in a fair
and consistent manner. Economically, firms meeting or exceeding environmental standards
regularly build customer loyalty, increase efficiency, and enhance their profits. Countries benefit
by creating a predictable investment climate based on the rule of law thereby promoting
economic development. And through strengthening compliance with international obligations,
countries ensure that multilateral environmental agreements are implemented by all parties
through effective domestic action.
2. Closing the implementation gap

See UNEP Governing Council decision SS. VII/1 of 15 February 2002 on international environmental
governance, and decisions SS.VIII/1 of 31 March 2004, 23/1 of 25 February 2005, 24/1 of 9 February 2007 and 25/1
of February 2009 on the implementation of decision SS.VII/1, which all cover issues including the implementation
of multilateral environmental agreements,
3
Outcomes Statement, UNEP's North American Major Groups and Stakeholders Consultation. 13-14 October 2011.

Closing the implementation gap will require building the capacity of countries to enforce
domestic laws and multilateral environmental agreements.4 Even the best designed rules may
still pose difficulties to those who lack technical, financial, or administrative capacity. Securing
compliance therefore calls for renewed efforts to raise awareness of the law, to strengthen
compliance assistance programs, and to enhance incentives for compliance. Efforts at the
national level must be designed to address the needs of small- and medium-sized enterprises,
and, at the international level, the needs of the least developed and developing countries.
International institutions and donors have a particular role to play in supporting these efforts.
d) Specific cooperation mechanisms, partnership arrangements and other implementation
tools and the time frame for their implementation
Trans-governmental Networks Advance Cooperation for Sustainable Development
Cooperation among government officials help create a level playing field for regulated industries
domestically and internationally, resolve and prevent transboundary environmental problems,
respond to environmental crimes, create efficiencies in the development of tools and programs,
and foster the political will needed to strengthen implementation of environmental standards.
Operating as transgovernmental networks focused on environmental compliance and
enforcement, the International Network for Environmental Compliance and Enforcement and its
regional and topical networks provide the forums and mechanisms that enable direct interaction
among and between domestic officials, international institutions, and private actors. The Rio+20
process should recognize the role of transgovernmental networks in improving compliance with
and enforcement and implementation of environmental law.
Strengthening environmental compliance and enforcement requires renewed efforts by
individuals and institutions everywhere. Government officials, particularly inspectors,
investigators, and prosecutors, must exercise public authority in trust for all of their citizens
according to the standards of good governance and with a view to protecting and improving
public well-being and conserving the environment. Legislators play a key role in creating
legislation that can be effectively enforced to achieve its goals. The judiciary has a fundamental
contribution to make in upholding the rule of law and ensuring that national and international
laws are interpreted and applied fairly, efficiently, and effectively.
The regulated community and the public have a responsibility to comply with the letter and spirit
of the law and to encourage compliance by others. Non-governmental organizations play a
leading role in public education and assisting enforcement agencies. The media has a
responsibility to raise public awareness by providing objective analysis and information about
environmental challenges and efforts to address them. The international community,
including donors and international organizations, has a responsibility to strengthen domestic
efforts through capacity building, technical and financial support, and by promoting an enabling
environment for more effective compliance and enforcement.

See the G-8 Ministers' Statement on Environmental Enforcement, International Cooperation, and Public Access to
Information, issued in 1997, which recognized the need to address the enforcement gap.