Strengthening Environmental Capacity in Kenya and South Africa
By , EU and International Relations Coordinator, Environment Agency for England and Wales

The Environment Agency for England and Wales is an independent public body partly funded by and reporting to government. It is our job to regulate and manage the environment across England and Wales. Our work includes tackling flooding and pollution incidents, reducing industry's impacts on the environment, cleaning up rivers, coastal waters and contaminated land, and improving wildlife habitats.

The Environment Agency also has an international programme that works with sister organizations in developing countries, sharing our skills and experience so that they can adapt our policies and practices to meet their own needs.

Developing enforcement and compliance in South Africa

New laws introduced in South Africa in 2005 gave enforcement officers greater powers to investigate environmental crimes and businesses that were not complying with waste and pollution regulations. Officials from different government departments across South Africa were brought together to form a national Environmental Management Inspectorate to share intelligence, experiences, training and procedures.

With funding from the UK Foreign Office, the Environment Agency for England and Wales has been working with the South African Department of Environmental Affairs and Tourism (DEAT) to develop the skills of the Environmental Management Inspectors (EMIs) (popularly known as the “Green Scorpions”), so that they can better regulate industry and handle cases of environmental crime. (See South Africa’s Green Scorpions Launch Environmental Compliance and Enforcement Campaigns)

Working with DEAT, we have:

• Designed a syllabus and trained 800 EMIs;
• Trained 50 EMIs in the use of forensic evidence;
• Held workshops on environmental crime for over 90 magistrates;
• Provided technical advice on investigating and inspecting the ferro alloy and oil refinery industries.

South Africa now has greater capacity at national, provincial and local levels to enforce its environmental laws and to prosecute those that break the law. Active investigation and well-publicised prosecutions of polluting businesses have made people more aware of the consequences of not complying with regulations and helped to deter would-be offenders. Clearer permits are outlining to businesses what is expected of them, while regular inspections ensure legal requirements are monitored. This has helped to reduce pollution in South Africa, benefiting both the environment and people’s health.

Introducing a risk-based approach to environmental management in Kenya

In April 2007, new legislation was introduced that increased the authority of the Kenyan National Environment Management Authority (NEMA) to license industries and other stakeholders for using the environment. In light of these wider responsibilities NEMA decided to adopt a risk-based approach to managing the environment. Through this approach, NEMA would be able to focus its resources on high-risk polluters and offer them incentives to review their practices. Industries with a smaller impact on the environment would have fewer restrictions placed on their operations.

Since July 2005, the Environment Agency for England and Wales has been working in partnership with NEMA to support this risk-based approach. The UK Department for International Development’s environmental governance programme has funded this project. We have worked together to develop operational policies and guidance for waste, wastewater, environmental impact assessments, pollution incidents, enforcement, and prosecution.

New licensing activities are now in place, underpinned by the operational policies. Over 60 members of the staff are now qualified as Environment Inspectors and NEMA is currently working with the Kenyan police on two potential prosecution cases. A national incident management system has been developed that encourages the public to report environmental crimes. A number of NEMA’s staff have undergone practical training placements with us to understand how we implement the risk-based approach.

This project has improved NEMA’s capacity to regulate and enforce environmental laws. Industries are now more aware of their environmental responsibilities and have more incentives to comply with regulations. The project is demonstrating how better environmental management can be an incentive rather than a barrier to economic development and how organisations can work more efficiently together to protect the environment.

Supporting the development of regulatory capability and strengthening institutions will enable our counterparts to better manage some of the environmental challenges they face. We focus on developing close, responsive relationships; we mentor and work with partners, sharing our knowledge and practical experience while taking into account local contexts. This approach has been largely successful and will continue to be sustainable in Kenya and South Africa.