Sharjah Police General Head Quarters

Research & Research CenterPolice Research Department

A Research to the Environmental Conference on 2001 To be held under the Patronage of

H.H. Sheikh Zayed Bin Sultan Al-NahyanDuring the Period February / 4 – 8 / 2001 at

Abu Dhabi – U.A.E.

Sharjah , 2001

Colonel Dr.Mamdouh A. Al Hameed

Ph. D in Police Sciences & Criminal JusticeProf . of Police Sciences & Security Expert

Head , Dept. of Police Research

•When the law incriminates environment degrading acts and behaviors that implies the recognition of the law to the environment as a social value.

•Environment is a multi-dimensional value that comprises complicated and inter-related aspects and characteristics to the extend that makes its protection as well as classification of the acts harmful to the environment a complicated issue that requires a new prospective and advanced philosophy of the legal model upon which the incrimination policies are established.

PREVIEW

Accordingly

•The intervention of the criminal law was essential and indispensable to ward of the new dangers of the environment degrading act through incriminating of all acts harmful to the environment.

•Our problem does not lie in the large number of laws and legislation but it is rather on their enforcement which we have termed as the problem of the environmental laws enforcement.

 

An Overall Concept of Environmental Security

+ Enforcement of the Environmental Law

=

Environmental Conservation

 

The Legal Principles govern their validity

Values, Traditions and Customs of the Community control and organize the individual and collective behavior in the environmental field.

Environmental Security Measures

 

The Joint Efforts of Police and Community [ On the Field of Environment ]

Efforts should be exerted by all community members, because security is a joint responsibility and should not be entrusted to single governmental body, therefore each person or organization whether governmental or private perform its duty towards maintenance of security

The Police role in facilitating the participation of the community in maintaining security.

 

The police functions in maintaining public order with all its three definitions. The police functions in this regard include environment conservation due to its impactsand influence on basics of public orders on public security, health and tranquility fields. [ The protection of properties and man against diseases and epidemics and maintenance of tranquility]

Police Functions on the Environmental Field

 

The concept adopted in this regard should be comprehensive

[for which we are calling] to incorporate function related to maintenance of public order for all living organism whether human beings, animals or plants.

Functions related to performance of duties as per laws and regulations.. The same functions imply the executive powers of the police in the environmental fields according to the environmental legislations and regulations.

ENVIRONMENTAL LAWS

NON-ENFORCEMENT REASONS

Environmental Reasons

Security Reasons

Economic Reasons

Legislative Reasons

Environmental Reasons

Social Reasons

Political & Organizational

Reasons

Political and Organizational Reasons

The want for political decision and fears of the community reaction.

  The domination of influential circles among companies and

individuals. 

The partial and individual solution of the environmental problems and the lack of integration and co-ordination among the relevant bodies.

 

The contradiction and conflicting powers among the concerned bodies.

Legislative Reasons

Environment as a multi dimensional value [ characteristics and fields] makes the protection as

well as definition of environmental harmful acts a complicated task that requires advanced and comprehensive concept of the legal model under

which the incriminating policies are to based.

Legislative Reasons

The international aspect of the environmental laws.

The existence of numerous environmental legislation

and lack of integrated environmental laws.

The role of legislation in confronting environment degrading acts is being restricted to adoption of inadequate means and

actions.

Lack of Awareness among individuals.

Social Reasons

Individual behavior, customs and traditions

Environmental Reasons

The Geographical, Biological, Historical,

Social, Legal and Natural dimensions of the Environmental

Concepts.

The impact of Scientific development on

Environment

International Reasons

The inadequate number of the international agreement and the

lack of implementation mechanisms thereto.

Power imbalance on theinternational arena or the multinational companies

Economic Reasons

Costs related to Environmental Crimes, Control, Monitoring and Detection

• Restricting the Role of the Ministry of Interior in Water Surface Management.

•The recent introduction of the incrimination policies that view acts harmful to environment as a new security phenomenon.

•The International aspect of the phenomenon as an organized Crime.

•The human reasons in security apparatus.

Reasons Security

THE COMPREHENSIVE CONCEPT OF THE ENVIRONMENTAL SECURITY

+ ENFORCEMENT OF ENVIRONMENTAL LAW

=

ENVIRONMENT PROTECTION

Defining Environment Law According to clear cut

Criteria

Definition of acts harmful to the Environment

Objective of Incrimination

Two types

Pollution

Misuse whether Quantitatively

or Qualitatively

Payment of compensation along

with repair of damage

Punishment

ENVIRONMENT PROTECTION = THE COMPREHENSIVE CONCEPT OF THE ENVIRONMENTAL SECURITY + ENFORCEMENT OF ENVIRONMENTAL LAW

Defining Environment Law According to clear cut

Criteria

Defining Law Enforcement

Agencies

SpecializedEnvironmenta

lPolice

Resources Financial Human Technical

Personnel QualifiedSpecializedFull- Timer

Powers Prevention of all acts harmful to environmentArrest of the Offenders

Organizational local International

Defining Environment Law According to clear cut Criteria

Defining Law

Enforcement Agencies

ENVIRONMENT PROTECTION = THE COMPREHENSIVE CONCEPT OF THE ENVIRONMENTAL SECURITY + ENFORCEMENT OF ENVIRONMENTAL LAW

Non-Police Organization

Numerous Bodies

According to Laws and Legislations-Environmental Affairs Depts.-Customs and Port Authority-Other Departments

Governmental Department and Other Organizations Parties Societies

ENVIRONMENT PROTECTION = THE COMPREHENSIVE CONCEPT OF THE ENVIRONMENTAL SECURITY + ENFORCEMENT OF ENVIRONMENTAL LAW

Governmental Department and Other Organizations Parties Societies

Setting up Courts, Prosecution Agencies [ or Circuits] and Arbitration Panels on

Environmental Issues.

Examples, Japan and FinlandTo Guarantee speedy trial of cases to prevent further damageComprising Judges, Public Prosecuting Attorneys or Arbitration specialized experts along with experts in environmental issues.

Defining Environment Law According to clear cut Criteria

ENVIRONMENT PROTECTION = THE COMPREHENSIVE CONCEPT OF THE ENVIRONMENTAL SECURITY + ENFORCEMENT OF ENVIRONMENTAL LAW

Enacting legislative Regulations

Methods of Proving Acts harmful to Environment. [whether in connection with Misuse whether Quantitatively or Qualitatively Pollution individual incidents or joint ones

Shifting the Purdon of proof to the pollutant (Japan) Allowing individuals and community to file cases.

Administrative or Criminal Non-Police Organization SpecializedEnvironmental Police Measures or Punishment

Any Question ?

Good Bye & have a nice day