Transcript Enforcement

Strengthening the Weakest Links:
An Innovative Approach to
Enforcement
Conservation International
Center for Conservation and Government
Enforcement Initiative
Anita Sundari Akella
December 2004
Why
WhyEnforcement?
Enforcement?
• Enforcement of PA boundaries, natural
resource use rules and regulations is weak
• Illegal timber trade $150 billion per year
• Illegal fishing 30% of total catches
• Illegal wildlife trade $6 – 7 billion per year
• Innovative conservation strategies are stronger
with good enforcement
• Ecosystem Services Payments
• Tradable Development Rights
• PA Creation
What Are Conservationists Doing About It?
• Solutions are ad-hoc and
often limited to individual
sites
• No methodical analysis of
why enforcement is weak
• No comparison across sites
to draw global lessons
learned
Conventional Wisdom on Enforcement
• Hire and equip more
detection agents
• Raise fines
These strategies, in isolation, are not working!
Enforcement: An Economic Perspective
• Illegal activity is fundamentally an economic
issue
• To deter it, disincentives must be bigger than
incentives driving illegal activity
• Enforcement is also an economic issue
Innovation:
The Enforcement Economics Approach
ED = Pd * Pa|d * Pp|a * Pc|p * Penalty * e-rt
Where:
ED
Pd
Pa|d
Pp|a
Pc|p
e-rt
t
Enforcement Disincentive
Probability of detection
Probability of arrest given detection
Probability of prosecution given arrest
Probability of conviction given prosecution
discount factor
Time between detection and penalty
Risky Business?
120
100
80
60
40
20
0
%
)
%
)
ict
io
on
v
ec
ut
io
ns
ns
(5
0
(4
0
%
)
(5
0
Pr
os
Ar
re
st
s
(1
0
n
ct
io
et
e
D
N
um
be
ro
fI
lle
ga
lA
%
)
ct
s
Only 1% of crimes
result in a
conviction
C
Number of Cases
Transit of Cases Through Enforcement System
Step in the Enforcement Chain
Applying the theory in practice
• Bahia, Brazil: Illegal logging, illegal deforestation
• Selva Maya, Mexico: Illegal wildlife trade
• Palawan, Philippines: Cyanide/Dynamite fishing
• Papua, Indonesia: Illegal logging, illegal wildlife trade
Atlantic Forest
BAHIA, BRASIL
Incentives to illegally log or deforest: $75.00
Enforcement Disincentive: $6.44
Selva Maya
CHIAPAS, MEXICO
Incentives to Illegally Hunt/Trade Wildlife: $191.57
Enforcement Disincentive: $5.66
Papua Province
INDONESIA
Incentives to Illegally Ship Timber: $91,967.36
Enforcement Disincentive: $6.47
Calamianes
Calamianes Islands
Islands
PALAWAN,
PALAWAN, PHILIPPINES
PHILIPPINES
Incentives to Dynamite/Cyanide Fish: $70.57
Enforcement Disincentive: $0.09
What does this mean for conservation?
Transit of Crimes Through Enforcement System
Number of cases
300
250
• For complex reasons,
enforcement is abysmal in
many of the countries where
we work.
200
• Less than 1% of
environmental crimes result in
any penalty whatsoever.
150
100
50
0
Bahia
Selva Maya
Site
Papua
Palawan
• When it comes to the
environment, CRIME PAYS!
Key Challenges
• Interagency cooperation across enforcement chain
• Adequate budgetary resources
• Consistent performance monitoring and adaptive
management system for all agencies
• Regular, ongoing capacity-building programs, jointly
developed
• Strong, clear and adequate laws and policies
Priority: Reform Enforcement Policy
• Increase budget allocation to environmental enforcement
agencies across the chain
• Strengthen, clarify, and consolidate legislation
• Establish guidelines for inter-agency cooperation and
annual performance reporting
• Create the legal framework for alternative enforcement
systems to operate
Priority: Implement Adaptive Management
•
Develop standardized data management systems for
use across agencies
•
Reach agreement on enforcement statistics
(indicators) to be produced annually
•
Train key staff in use of enforcement economics
methodology to analyze statistics and develop
strategic enforcement strengthening plans
•
Require annual publication (public disclosure) of
enforcement performance report
Priority: Build Enforcement Capacity
• Improve performance of detection agents,
prosecutors and judges through periodic training
• Involve all agencies in the process of designing
curricula for each audience
• Take advantage of existing technical assistance
partnerships with donor government agencies
• Incorporate specialized local NGOs, think tanks and
institutes