4466 Environmental Crimes in Ethiopia.indd
4466 Environmental Crimes in Ethiopia.indd
4466 Environmental Crimes in Ethiopia.indd
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<strong>Environmental</strong> crimes <strong>in</strong> <strong>Ethiopia</strong><br />
law enforcement agencies. This lack of consistency was<br />
blamed on a shortage of resources, rather than on <strong>in</strong>sufficient<br />
goodwill on the part of government.<br />
The EPA is mandated to domesticate <strong>in</strong>ternational<br />
environmental conventions to which <strong>Ethiopia</strong> is<br />
a party, among them the Cartagena Protocol, the Basel<br />
Convention, the Bamako Convention and the Convention<br />
on Trade <strong>in</strong> Persistent Organic Pollutants. However, with<br />
its limited legal staff and adm<strong>in</strong>istrative predicament, this<br />
mandate has been difficult to pursue.<br />
The EPA also has the responsibility of dissem<strong>in</strong>at<strong>in</strong>g<br />
all legal proclamations to the n<strong>in</strong>e regional authorities.<br />
However, it was reported that apart from logistical and<br />
f<strong>in</strong>ancial impediments at the EPA, some regions were still<br />
develop<strong>in</strong>g their adm<strong>in</strong>istrative systems and that literacy<br />
levels were often too low to enable the enforcement of<br />
environmental legislation. There was, therefore, a need<br />
to provide such authorities not only with rationalised<br />
or judicious environmental proclamations, but also<br />
Amharic versions of the same. The EPA draws its authority<br />
and fund<strong>in</strong>g directly from the Prime M<strong>in</strong>ister’s<br />
Office. Unfortunately, the EPA’s budgetary needs have<br />
not always been met as they can be considered to be of<br />
lower priority. This has resulted <strong>in</strong> the EPA at times have<br />
<strong>in</strong>sufficient resources to fulfil its mandate, especially<br />
when it comes to the production of the Annual State of<br />
Environment Reports.<br />
SHORTAGE OF ENVIRONMENTAL<br />
INSPECTORS<br />
A shortage of environmental <strong>in</strong>spectors was identified as<br />
one of the key difficulties <strong>in</strong> enforc<strong>in</strong>g environmental legislation<br />
<strong>in</strong> <strong>Ethiopia</strong>. It was observed that the requirement<br />
for a wide range of specialists to act as environmental<br />
<strong>in</strong>spectors <strong>in</strong>creased tra<strong>in</strong><strong>in</strong>g difficulties. The professionals<br />
who undertook the role of <strong>in</strong>spectors served <strong>in</strong> a range<br />
of government agencies that had different organisational<br />
cultures. Coord<strong>in</strong>at<strong>in</strong>g and manag<strong>in</strong>g their performance<br />
had been a Herculean task. The tra<strong>in</strong><strong>in</strong>g of environmental<br />
<strong>in</strong>spectors was probably best done by cluster<strong>in</strong>g them<br />
along professional l<strong>in</strong>es. From its previous tra<strong>in</strong><strong>in</strong>g<br />
experiences, the EPA noted that jo<strong>in</strong>t tra<strong>in</strong><strong>in</strong>g between<br />
professionals from different government agencies, both<br />
at federal and regional levels, created opportunities for<br />
better coord<strong>in</strong>ation among the agencies. It was therefore<br />
proposed that future tra<strong>in</strong><strong>in</strong>g should <strong>in</strong>volve <strong>in</strong>ter-agency<br />
participation <strong>in</strong> order to foster coord<strong>in</strong>ation.<br />
In the relatively short period s<strong>in</strong>ce its <strong>in</strong>ception,<br />
the EPA has been able to strengthen coord<strong>in</strong>ation <strong>in</strong><br />
environmental protection through jo<strong>in</strong>t tra<strong>in</strong><strong>in</strong>g with the<br />
assistance of the Judicial Tra<strong>in</strong><strong>in</strong>g Institute, the Green<br />
Customs Initiative and the United Nations <strong>Environmental</strong><br />
Programme’s (UNEP) thematic tra<strong>in</strong><strong>in</strong>g on, for example,<br />
the Basel Convention, CITES and other conventions. It<br />
was noted that there was a need to position the environment<br />
as a security concern <strong>in</strong> <strong>Ethiopia</strong>. Processes that<br />
could adopt capacity-build<strong>in</strong>g and monitor<strong>in</strong>g mechanisms<br />
like those of the Bio-safety Clear<strong>in</strong>g House (BCH)<br />
should be enhanced.<br />
INADEQUATE ENVIRONMENT CRIME-<br />
TRACKING TOOLS IN ETHIOPIA<br />
Crime-track<strong>in</strong>g tools and mechanisms were expla<strong>in</strong>ed<br />
with<strong>in</strong> the context of new and emerg<strong>in</strong>g forms of environmental<br />
crime <strong>in</strong> <strong>Ethiopia</strong>. The EAP’s legal office noted that<br />
even though bio-piracy was a major problem <strong>in</strong> <strong>Ethiopia</strong>,<br />
the lack of a standard mechanism for communicat<strong>in</strong>g<br />
with other portfolios, for example those deal<strong>in</strong>g with<br />
plants and wildlife, had meant that enforcement had been<br />
poor. Few lawyers have <strong>in</strong>corporated environmental law<br />
<strong>in</strong> their practice.<br />
The difficulty of hav<strong>in</strong>g poor environmental crimetrack<strong>in</strong>g<br />
tools and poor coord<strong>in</strong>ation mechanisms was<br />
illustrated by a case of bio-piracy concern<strong>in</strong>g the Ndoti<br />
plant. <strong>Ethiopia</strong> is the only source of Ndoti, which has<br />
components that weaken and kill the freshwater snail<br />
that provides a breed<strong>in</strong>g home for bilharzias. Chemical<br />
producers <strong>in</strong> developed countries are exploit<strong>in</strong>g this rare<br />
commodity. Because of the absence of a clear mechanism<br />
for track<strong>in</strong>g endangered plant species, plants such as<br />
Ndoti are regularly smuggled out of the country. Another<br />
example is coffee varieties that are <strong>in</strong>digenous to <strong>Ethiopia</strong>.<br />
The EPA and the crim<strong>in</strong>al <strong>in</strong>vestigations w<strong>in</strong>g of the<br />
federal police also cited the <strong>in</strong>ability or failure of the law<br />
to recognise the trade <strong>in</strong> and the smuggl<strong>in</strong>g of cultural<br />
heritage properties as a major area <strong>in</strong> need of reform.<br />
There is a dearth of coord<strong>in</strong>ated <strong>in</strong>formation-shar<strong>in</strong>g <strong>in</strong><br />
this regard because of a lack of awareness and the rigidity<br />
of the law. It was observed that police have <strong>in</strong>tercepted<br />
tourists smuggl<strong>in</strong>g century-old walk<strong>in</strong>g sticks with rh<strong>in</strong>o<br />
horn and engraved handles. Old <strong>Ethiopia</strong>n Orthodox<br />
Church crucifixes have also not been spared by this<br />
grow<strong>in</strong>g form of environmental crime. The feel<strong>in</strong>g is that<br />
the only way to reverse this trend is to enhance awareness<br />
among the police and the public about the importance of<br />
preserv<strong>in</strong>g antiquities.<br />
Poor data captur<strong>in</strong>g and a shortage of storage facilities<br />
is further exacerbated by the lack of equipment to detect<br />
some of the more sophisticated environmental crimes.<br />
The EPA strongly advocated for the provision of the necessary<br />
equipment to deal effectively with environmental<br />
crime. An example is the rampant use of DDT. It was reported<br />
that farmers often use DDT to enhance the texture<br />
of their coffee berries, even though this is prohibited <strong>in</strong><br />
26 Institute for Security Studies