Investigations
Investigating
what happens on the ground provides essential information on the real
situation on resource extraction. The lack of field work can undermine
policies and monitoring systems devised and implemented remotely. Field
findings can allow corrective action that makes monitoring of the resource
more effective. This essential part of monitoring is however often overlooked
due to the specific skills and active commitment it requires, and to the
dangerous environment where it is carried out.
Investigations in the field form an important part of REM's work. Each
investigation is planned using numerous contacts and the collection of
documents. REM identifies objectives and a strategy to start its operations
in the field, using the investigative experience of its staff to prioritise
action. Throughout any investigation, targets and objectives are constantly
reassessed. The flexibility of this approach leads to a high rate of detection
of illegal activities, but also where opportunities for corruption may
arise. The techniques of monitoring and investigation focus on gathering
hard evidence and subsequently supporting effective law enforcement.
Investigating timber extraction
The
list below is not exhaustive. It presents some of the key steps followed
during investigations at field level:
Before going in the field...
The forest and related legal framework is assessed against different
sectoral policies, local and national regulations in broad consultation
to check consistency against international commitments concerning forests.
Official details of cutting permits are investigated including:
Official maps to determine who is entitled to cut trees where.
Dates of validity of titles to identify the exact area where a company
is authorised to log during the period investigated.
Technical regulations ie norms of exploitation and other legal
requirements to cut trees.
Other official documents are compiled to complement this basic
information.
Reports or rumours of illegal activities are gathered from the
private sector, government officials and civil society and their accuracy
verified.
In the Field...
Global Positioning Systems (GPS), Geographic Information Systems
(GIS) and Video are used to plot activities in the field against officials
maps and check whether logging is carried out inside or outside legal
limits. The application of norms and procedure is checked on the ground
with foresters.
Meetings with members of the government, private sector, local
and international NGOs, IPOs and local populations are organised to gather
further evidence and comments from different sources.
Additional research including in relevant Ministries is made to
complement findings in the field.
...and Ministries...
Elements of investigations are compiled to produce a detailed,
coherent and comprehensive field report based on solid documentation gathered
on the ground.
...Conclusion of the investigations
Other stages of law enforcement monitoring can begin. Cases are
tracked through the administrative and judicial processes using established
procedures and legislation as standards against which progress can be
measured.
...
Covert and open investigations
In
some cases, for example external monitoring, investigations may be carried
out under cover. REM's team has however specialised in an official role
of active monitor of government law enforcement services and chooses to
document cases and processes in an open manner wherever it can.
There are no covert operations within the structure of independent monitoring
projects in collaboration with governments. This approach provides a powerful
tool to governments and international agencies to inform policy. Documenting
how official procedures are applied in its presence, REM seeks clarification
where necessary during the investigation, which helps us identify clearly
where there is a lack of governance or lack of capacity requiring training
or equipment, and pinpoints where action can be taken. Within the framework
presented in the independent monitoring section, REM seeks access to official
information as well as other sources. This means that we can produce information
on illegalities, as per a usual investigation, but also additional information
on governance and law enforcement.
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