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Panel 1: Governing at the Local Level Tuesday November 15 (9:00- 10:30) 12 th Symposium on Development and Social Transformation

Panel 1: Governing at the Local Level Tuesday November 15 (9:00- 10:30)

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12 th Symposium on Development and Social Transformation. Panel 1: Governing at the Local Level Tuesday November 15 (9:00- 10:30). 12 th Symposium on Development and Social Transformation. Panel 1: Governing at the Local Level. - PowerPoint PPT Presentation

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Page 1: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

Panel 1: Governing at the Local Level

Tuesday November 15 (9:00- 10:30)

12th Symposium on

Development and Social Transformation

Page 2: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

Provisioning of Open Spaces – Policies and Experiences in United States of America

D.S. Ravindran

Panel 1: Governing at the Local Level

12th Symposium on

Development and Social Transformation

Page 3: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

USA – a Megalopolis?

80 % urban population 115 m to 225 m by 2000 Sprawl – after IInd WW

41 % to 62 % 3.0 m ac farm and forest

lands annually lost. 26 m ha forest lands to

vanish by 2030. Environmental costs

“Imageless megalopolis”

Page 4: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

Open Space means … Different things to different people

Parks, wetlands, trails, forests, lakes, reservoirs

Functionalism Cultural – educational, artistic, historic, archeological

values; - way of life Ecological – habitat, vegetation, wildlife values; Developmental – green spaces as part Agricultural – farm preservation; and Recreational – leisure and outdoor activities

Both public and private domain

Page 5: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

Values of open space

Natural Ecosystem Functions Recharge of groundwater Flood mitigation - $ 10 m vs $100 m

Enhancement value - $ 6425/ha Tourism value - $ 59 B from wildlife (1991)

Amenity value of farm lands – $ 830 – 1555 per ac

Recreational value Fiscal savings: $ 1.13 vs $ 0.29

Page 6: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

Open space is a function of…

Outcome of Multiple perspectives, multiple ideologies and multiple objectives

Theory – Urban containment – Open space Public goods Environmental Theory Land ethic (Aldo Leopold) Limits to growth Citizen demand – Resource preservation Landscape ecology (Ecological systems theory)

Multiple actors State to Civil Society

Federal, State, Local, Civil Society Multi - faceted responses

Eminent domain - police power - market incentives

Page 7: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

What and Why of Policy? Approach Mechanism Federal State Local Civil

ACQUIRE Eminent domain Market

Envi

Public Goods

(Amenity)

Envi Citizen Economy

Citizen deman

d

Land ethic

Amen

REGULATE

Zoning Cluster TDR UGB Envi Restrict

Envi

Growth Theories

(Limit to Smart)

INCENTIVE PRD Easement Tax credits Impact Fees

Farmer political clout Economics

EconomicsConflict

Economics

Page 8: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

Where are the open spaces?

Fed – 600 m

State – 85 m

Fed lwcf – 4.5 m

State – 2.3 m – 27000 projects

Fed–state 35.8 m

Where are the open spaces?

OWN ACQUIRE INCENTIVE

Land trust – 29.4 m

Page 9: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

From Residual to integral element

Euclidean zoning Growth phasing reg Cluster zoning Agri Zoning TDRs Green Belts Urban Growth

Boundary Planning mandate Smart Growth

Residual

Integral

Local

Regional

Parks

Greenways

Page 10: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

From public to citizen demand

Landvote trends in US

0

5000

10000

15000

20000

25000

30000

Year

Am

ou

nt

(mill

ion

$)

375

800

375

800

Uncertainty

Steady increase

Cumulative$ 14.3 b in 40 years

Page 11: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

From public to partnerships

Land trusts in the USA

130

431

889

1262

1537

0

200

400

600

800

1000

1200

1400

1600

1800

1960 1981 1990 2000 2003

Year

Num

ber

Saving open spaces - Civil Society

0

2000

4000

6000

8000

10000

12000

14000

16000

Cons Fund NatureConservancy

Land trusts

Organisation

Are

a ('0

00 a

cres

) Easement

Ownership

Others

Total

Agency Easement Ownership Others TotalCons Fund 5000Nature Conservancy 15000Land trusts 1444 5067 2847 9360Total 29360

29.4 m acres

Page 12: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

From Environmentalism to Economics

Environmentalism

Public Good

Demand for open space values

Landscape ecology and economy

32/50 states programmes since 1990

66 % rapidly urbanising High income states

Linkage with disasters

Page 13: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

Learnings

Need for COMPLEMENTARY & COORDINATED action at multiple levels

Mutually reinforcing policy mix – a range of instruments

Open space stewardships - LOCAL Citizen participation/awareness – critical Harness potential of open spaces to meet

other more pressing public goals Resource raising possibilities –

Impact fees, Harness consumer surplus in property tax

Page 14: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

Community Policing Initiatives in USA

Rohit Choudhary

Panel 1: Governing at the Local Level

12th Symposium on

Development and Social Transformation

Page 15: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

DEFINITION-

Combination of traditional policing and prevention, problem solving, community engagement & partnership.

Proactive problem-solving centred on the causes of crime and disorder.

Police and citizens to join together as partners in the course of both identifying and effectively addressing these issues.

Page 16: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

CORE ELEMENTS

Organizational

Tactical

External

Page 17: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

ORGANISATIONAL

Philosophy Adopted Organization-Wide.

Decentralized Decision-Making and Accountability.

Fixed Geographic Accountability and Generalist Responsibilities.

Utilization of Volunteer Resources.

Page 18: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

TACTICAL

Enforcement of Laws.

Proactive, Crime Prevention Oriented.

Problem-solving.

Page 19: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

EXTERNAL

Public Involvement in Community Partnerships.

Government and Other Agency Partnerships.

Page 20: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

U.S. FEDERAL POLICY

‘Crime remains among the top concerns of Americans, and to fight it, cities and countries across the nation are turning to Community policing’.

Office of Community Oriented Policing Services, U.S. Department of Justice was established.

Office has granted more than 9 billion dollars in grants across the nation.

Page 21: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

COPS INITIATIVES

Financial Crimes Against the Elderly Gangs Providing Homeland Security Identity Theft Ensuring School Safety Solving Crime Problems Stalking Using Technology Police Training Model

Page 22: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

COMMUNITY POLICING IN DIFFERENT CITIES ACROSS U.S

Fighting juvenile crime. Combating domestic violence. Anti gang initiatives . Retired senior volunteer patrol. operation roundup against narcotics dealers. Street terrorist offender project . Neighborhood watch, home watch, child watch. Business and residential security surveys . Residential Area Policing Program .Knoxville police, Boston police Chicago police, Fort

Worth ,TX police, San Diego, CA police ,Santa Ana police ,Cleveland police & Charlotte Mecklenburg

Page 23: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

Continued..

Knoxville police throughout the 80’s worked internally to change their infrastructure and improve their officer deployment strategy

Boston police department changed organizational process to support a new patrol strategy and creation of Neighborhood Beat teams

Chicago police department developed a community assessment center

San Diego, CA the police department implemented an Automated Field Reporting (AFR )

Santa Ana, CA Performance standards were developed in 1989 to support community policing methods and procedures

Cleveland police department created a community policing bureau

Charlotte Mecklenburg brought in Herman Goldstein, who is considered the father of people oriented policing

Page 24: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

COMMUNITY POLICING IN SYRACUSE

Ordinance enforcement & license section

T.O.P. section Storefront section Neighborhood watch section

-Neighborhood Protection Initiative

Page 25: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

STRENGTHS OF THE US POLICY

Full support with the policy elites at the federal, state and the city level .

Department-wide adoption of community policing. Adequate authority delegated to take decisions and

solve the problems at the local level. Links with other agencies in the government and

outside the government. Updated technology and information systems. System of advancement of internal research and

planning.

Page 26: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

WEAKNESSES IN THE US POLICY

Became a victim of politics of product differentiation.

Too much of money was spend by US government over a period of about six years.

Target achievement approach, at times emphasis shifted on spending rather than judicious utilization.

Page 27: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

LESSONS FOR INDIA

Institutionalization.Re engineering of department

components.Decentralization. Police-public partnership & research.

Page 28: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

CONCLUSION

Community policing successful wherever evolved from the bottom and provide necessary support from the top, as was the case with many cities across the US.

Most important aspect is the conviction and belief, in community policing, in the minds of policemen on the street, who can work both as policemen and community officers at the same time.

Page 29: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

Urban Management Planning and Policies for Sustainable Municipal Solid Waste

Management

Pramod Kumar

Panel 1: Governing at the Local Level

12th Symposium on

Development and Social Transformation

Page 30: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

Solid waste Management System Solid waste Management System in USAin USA

solid waste management is a state subject solid waste management is a state subject Federal Govt. has passed two acts regarding this subject Federal Govt. has passed two acts regarding this subject

which are as follows-which are as follows-1) The Resource Conservation and Recovery Act (RCRA) 1) The Resource Conservation and Recovery Act (RCRA) 2) The National Environmental Policy Act (NEPA). 2) The National Environmental Policy Act (NEPA). The former speaks of the management and disposal of The former speaks of the management and disposal of

solid waste and hazardous waste in the US, while the solid waste and hazardous waste in the US, while the latter requires the preparation of an Environmental latter requires the preparation of an Environmental Impact Statement (EIS) for projects that may have Impact Statement (EIS) for projects that may have adverse environmental impacts.  These, are the two adverse environmental impacts.  These, are the two main controlling federal laws that impact solid waste main controlling federal laws that impact solid waste management systems across the U.S.   management systems across the U.S.  

Page 31: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

MSW ProgramsMSW Programs

EPA’s goals for the nation are EPA’s goals for the nation are a) to recycle 35 percent of MSW generated;a) to recycle 35 percent of MSW generated; b) to reduce waste generation to 4.3 pounds per person b) to reduce waste generation to 4.3 pounds per person

per day;per day; c) to empower state, local, and tribal governments to better c) to empower state, local, and tribal governments to better

manage solid waste;manage solid waste; d) to provide leadership in source reduction and recycling;d) to provide leadership in source reduction and recycling; e) to build stronger public and private partnerships;e) to build stronger public and private partnerships; f) and to ensure the environmental soundness of source f) and to ensure the environmental soundness of source

reduction, recycling, combustion, and land disposal. reduction, recycling, combustion, and land disposal.

Page 32: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

New York State Solid Waste Management New York State Solid Waste Management

ProgramProgram In New York State, responsibility for the collection and disposal of In New York State, responsibility for the collection and disposal of

solid waste has rested with cities, towns and villages. solid waste has rested with cities, towns and villages. counties have been involved in shoring up local collection efforts.counties have been involved in shoring up local collection efforts. It was not until 1988 that the State passed legislation formally It was not until 1988 that the State passed legislation formally

requiring counties to develop Solid Waste Management Plans which requiring counties to develop Solid Waste Management Plans which would help coordinate local efforts to collect and dispose of waste.would help coordinate local efforts to collect and dispose of waste.

In Onondaga County, municipalities have traditionally used three In Onondaga County, municipalities have traditionally used three mechanisms for garbage collection:mechanisms for garbage collection:

• • municipal (public) garbage collection,municipal (public) garbage collection, • • municipal contracting for private garbage collection, ormunicipal contracting for private garbage collection, or • • licensing a number of companies to negotiate directly with licensing a number of companies to negotiate directly with

businesses and homeowners to collect the waste (essentially, a free businesses and homeowners to collect the waste (essentially, a free market for waste).market for waste).

Sometimes these mechanisms for collection vary for commercial Sometimes these mechanisms for collection vary for commercial and residential waste, or recyclables and regular waste.and residential waste, or recyclables and regular waste.

Page 33: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)
Page 34: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

OCRRAOCRRA The Onondaga County Resource Recovery Agency The Onondaga County Resource Recovery Agency

(OCRRA) is a public benefit corporation created under the (OCRRA) is a public benefit corporation created under the New York Public Authorities Law to manage the integrated New York Public Authorities Law to manage the integrated Solid Waste Management Program for the County of Solid Waste Management Program for the County of Onondaga. Onondaga.

OCRRA is not a division or branch of county government. OCRRA is not a division or branch of county government. The Agency’s responsibility includes a full array of waste The Agency’s responsibility includes a full array of waste

management techniques inclusive ofmanagement techniques inclusive of waste reduction, recycling, waste-to-energy, future design waste reduction, recycling, waste-to-energy, future design

and development of a landfill, yard waste composting, and development of a landfill, yard waste composting, processing construction debris and other system related processing construction debris and other system related activities.activities.

The system-wide service area consists of thirty-three (33) The system-wide service area consists of thirty-three (33) of the thirty-five (35) municipalities located in Onondaga of the thirty-five (35) municipalities located in Onondaga County covering over 181,000 households. County covering over 181,000 households.

Page 35: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

Financial resources of OCCRA Financial resources of OCCRA The Agency’s financial resources are provided The Agency’s financial resources are provided

primarily from the fee charges paid by public and primarily from the fee charges paid by public and private system users for trash disposal and private system users for trash disposal and electricity generated from the trash. Other electricity generated from the trash. Other revenue sources are investment earnings, revenue sources are investment earnings, processing charges, and sales of recycled and processing charges, and sales of recycled and recovered materials.recovered materials.

OCRRA receives no local or county tax support.OCRRA receives no local or county tax support.

Page 36: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)
Page 37: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

Municipal solid waste management Municipal solid waste management system in Indiasystem in India

In India, this service falls short of the desired level, as In India, this service falls short of the desired level, as the systems adopted are outdated and inefficient. the systems adopted are outdated and inefficient. Institutional weakness, shortage of human and financial Institutional weakness, shortage of human and financial resources, improper choice of technology, inadequate resources, improper choice of technology, inadequate coverage and lack of short and long term planning are coverage and lack of short and long term planning are responsible for the inadequacy of service. responsible for the inadequacy of service.

The municipal authorities in the country are responsible The municipal authorities in the country are responsible for managing municipal solid waste, but, most of the for managing municipal solid waste, but, most of the authorities in the country have failed to perform their authorities in the country have failed to perform their primary duty to keep the cities clean and dispose of the primary duty to keep the cities clean and dispose of the waste scientifically. waste scientifically.

Page 38: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

MSW Rules 2000MSW Rules 2000 The MSW Rules 2000 so framed envisaged that all the cities in the country The MSW Rules 2000 so framed envisaged that all the cities in the country

would implement the rules by 31st December, 2003 and take the following would implement the rules by 31st December, 2003 and take the following seven steps to improve the solid waste management services in the seven steps to improve the solid waste management services in the country.country.

Storage of waste at source in two bins. One for biodegradable waste and Storage of waste at source in two bins. One for biodegradable waste and another for recyclable material.another for recyclable material.

Primary collection of biodegradable waste from the doorstep on a day to Primary collection of biodegradable waste from the doorstep on a day to day basis using containerized tricycle/handcarts/pick up vans, and day basis using containerized tricycle/handcarts/pick up vans, and collection of recyclable material through NGOs at appropriate intervals.collection of recyclable material through NGOs at appropriate intervals.

Street sweeping covering all the residential and commercial areas on all the Street sweeping covering all the residential and commercial areas on all the days of the year irrespective of Sundays and public holidays.days of the year irrespective of Sundays and public holidays.

Abolition of open waste storage depots and provision of covered containers Abolition of open waste storage depots and provision of covered containers or closed body waste storage depots.or closed body waste storage depots.

Transportation of waste in covered vehicles on a day to day basis.Transportation of waste in covered vehicles on a day to day basis. Treatment of biodegradable waste using composting or waste to energy Treatment of biodegradable waste using composting or waste to energy

technologies meeting the standards laid down.technologies meeting the standards laid down. Minimize the waste gong to the land fill and dispose of only inert material at Minimize the waste gong to the land fill and dispose of only inert material at

the landfills which should be constructed as per the specifications given in the landfills which should be constructed as per the specifications given in the rules.the rules.

Page 39: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

CONSTRAINTS / DIFFICULTIES IN CONSTRAINTS / DIFFICULTIES IN IMPLEMENTATIONIMPLEMENTATION

1] Non availability of suitable land and handing over of the same to 1] Non availability of suitable land and handing over of the same to concerned local bodies. concerned local bodies.

2] Lack of technical awareness among personnel’s with respect to waste 2] Lack of technical awareness among personnel’s with respect to waste processing technologies, Selection of proper waste processing technology processing technologies, Selection of proper waste processing technology with respect to waste quantum generation , development of landfill sites. with respect to waste quantum generation , development of landfill sites.

3] The local bodies in coastal area are facing the difficulties in identification 3] The local bodies in coastal area are facing the difficulties in identification of suitable land due to CRZ notifications . of suitable land due to CRZ notifications .

4] The location policy of State Government in respect of notified Rivers 4] The location policy of State Government in respect of notified Rivers ( RRZ Policy) doesn’t allow for such type of activity. ( RRZ Policy) doesn’t allow for such type of activity.

5] Non availability of sufficient funds with local bodies. 5] Non availability of sufficient funds with local bodies. 6] Lack of public awareness/participation. 6] Lack of public awareness/participation. 7] Negligent / reluctant personnel’s with ULB’s. 7] Negligent / reluctant personnel’s with ULB’s. 8] Inadequate manpower with the state boards for implementation and 8] Inadequate manpower with the state boards for implementation and

compliance verification with MSW Rules. compliance verification with MSW Rules.

Page 40: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

Private Protected Areas in Chile: Emergence and Implications in Chile

Laura Meza

Panel 1: Governing at the Local Level

12th Symposium on

Development and Social Transformation

Page 41: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

The World Park Congress (2003) defined Private Protected Area (PPA) as: “a land parcel of any size that is

1) predominantly managed for biodiversity conservation;

2) protected with or without formal government recognition;

3) and is owned or otherwise secured by individuals, communities, corporations or non-governmental organizations”.

Page 42: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

500 PPA

Public System covers 14 million hectares

Private System covers 1.5 million hectares

Page 43: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

The Facts

• The National System of Protected Areas does not represent adequately the ecosystems of the country.

• Almost 80% of the land in Chile is privately owned

• Government with budgetary constrains is calling the private sector to unify efforts for conservation.

• A new regulation providing the framework for private protected areas is being developed.

• There are conflicts because land ownership in indigenous territories.

Page 44: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

The Questions

Why private conservation emerges?

What is the relevance of private conservation in Chile?

What are the potential implications?

Page 45: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

Methodology

CMPC

Conservation Land Trust

Page 46: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

Conclusions

Private conservation is tremendously relevant for protection of nature.

Ecotourism is viewed as part of future rural development.

Chile does not promote conservation projects conducted by communities.

Nature conservation is not a “tension free” terrain and policies could exacerbate conflicts related to certain territories.

Page 47: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

Witness Protection – A Study of Global Practices to Evolve a Policy for India

K.Laxminarayana Rao

Panel 1: Governing at the Local Level

12th Symposium on

Development and Social Transformation

Page 48: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

VICTORIA POLICEVICTORIA POLICEWITNESS WITNESS

PROTECTION PROTECTION PROGRAM –LESSONS PROGRAM –LESSONS

FOR INDIAFOR INDIA

K L N RAOK L N RAOPGPPM 05PGPPM 05

MAXWELL SCHOOL OF PUBLIC POLICYMAXWELL SCHOOL OF PUBLIC POLICYSYRACUSE UNIVERSITYSYRACUSE UNIVERSITY

NEW YORKNEW YORK

Page 49: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

INTRODUCTIONINTRODUCTION

• Administration of criminal justice, Administration of criminal justice, witness protection would seldom be an witness protection would seldom be an early topic raised. early topic raised.

• crime statistics; policing and detection;crime statistics; policing and detection;

• conviction rates; penal policy, sentencing conviction rates; penal policy, sentencing and rehabilitation of offenders; youth and rehabilitation of offenders; youth crime; court proceedings and crime; court proceedings and evidentiary matters; civil rights of evidentiary matters; civil rights of citizens and legal representation citizens and legal representation

Page 50: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

“ “NO WITNESS – NO NO WITNESS – NO JUSTICE” JUSTICE”

Last decade at least 10 per cent of crimes Last decade at least 10 per cent of crimes reported to police result in witness intimidation; reported to police result in witness intimidation; at least 20 per cent of crimes not reported by at least 20 per cent of crimes not reported by witnesses are not reported because of fear of witnesses are not reported because of fear of reprisals; fear of intimidation deters a greater reprisals; fear of intimidation deters a greater number of witnesses than victims in the vast number of witnesses than victims in the vast majority of cases (85 per cent) reported in a 1998 majority of cases (85 per cent) reported in a 1998

British Crime Survey, harassers of victims and British Crime Survey, harassers of victims and witnesses were the original offender; in other witnesses were the original offender; in other cases, the harasser was from the offender’s family cases, the harasser was from the offender’s family or friends;or friends;

30per cent went unreported due to fear of 30per cent went unreported due to fear of reprisal.reprisal.

Page 51: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

Valacchi case of 1962 in the Valacchi case of 1962 in the United States.United States.

• The notion of witness protection as generally understood The notion of witness protection as generally understood today arose from the notorious Valacchi case of 1962 in the today arose from the notorious Valacchi case of 1962 in the United States. Joe Valacchi, himself a man with a serious United States. Joe Valacchi, himself a man with a serious criminal record, had agreed to give evidence about the criminal record, had agreed to give evidence about the inner workings of the Mafia. inner workings of the Mafia.

• The prosecution was an important one, with extensive The prosecution was an important one, with extensive implications for the general effectiveness of law implications for the general effectiveness of law enforcement. It came at a time when the US government enforcement. It came at a time when the US government and people were deeply concerned, not merely about the and people were deeply concerned, not merely about the actual depredations of organized crime, but by its actual depredations of organized crime, but by its spreading of corruption into public life generally. spreading of corruption into public life generally.

• Valacchi was highly likely to be murdered by his former Valacchi was highly likely to be murdered by his former associates before he could appear in court. He was associates before he could appear in court. He was therefore taken into protection by the US government, and therefore taken into protection by the US government, and so survived to give evidence.so survived to give evidence.

Page 52: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

US Witness Protection US Witness Protection Program of 1970Program of 1970

• Till 2005 more than 7500 witnesses ,9600 Till 2005 more than 7500 witnesses ,9600 family members. family members.

• The program has encountered some The program has encountered some difficulties and criticism, has been judicially difficulties and criticism, has been judicially considered, and has from time to time been considered, and has from time to time been modified. But it continues, and to greater or modified. But it continues, and to greater or lesser extent has become the model for lesser extent has become the model for witness protection in other countries, witness protection in other countries, including Australia.including Australia.

• Each Australian state and territory manages Each Australian state and territory manages its own program. There is, however, a good its own program. There is, however, a good deal of cooperation between them.deal of cooperation between them.

Page 53: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

Operation AriesOperation Aries

• In Victoria in 1981, witness protection was the In Victoria in 1981, witness protection was the responsibility of the Victoria Police Protective responsibility of the Victoria Police Protective Security Group, largely on an Security Group, largely on an ad hoc ad hoc basis. That basis. That system was heavily tested in 1983 when (in the system was heavily tested in 1983 when (in the course of an investigation known as Operation course of an investigation known as Operation Aries) it had to provide 24-hour security for two Aries) it had to provide 24-hour security for two witnesses and their dependants.witnesses and their dependants.

• It is believed to have cost the state some $4.5 It is believed to have cost the state some $4.5 million, and its conduct revealed the lack of million, and its conduct revealed the lack of systematic approach to witness protection, of a systematic approach to witness protection, of a suitable organization, and of specialist trained suitable organization, and of specialist trained officers.officers.

Page 54: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

Victoria Victoria Witness Protection Witness Protection Act Act 1991 1991

• In Victoria, the In Victoria, the Witness Protection Act Witness Protection Act 1991 1991 empowered the Chief Commissioner of Police to empowered the Chief Commissioner of Police to provide safety and support for witnesses who provide safety and support for witnesses who stood in need of it.stood in need of it.

• The fourteen years of the Act’s operation have The fourteen years of the Act’s operation have seen many developments, not all of them seen many developments, not all of them encouraging. Similar Acts are now in force in encouraging. Similar Acts are now in force in other Australian states, providing comparative other Australian states, providing comparative information which has-been considered in this information which has-been considered in this review. Useful material has also been gathered review. Useful material has also been gathered from jurisdictions overseas – notably from Britain, from jurisdictions overseas – notably from Britain, Canada, New Zealand and the United States.Canada, New Zealand and the United States.

Page 55: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

Levels of threat Levels of threat experienced by intimidated experienced by intimidated

witnesseswitnesses• Level 1 (Life threatening)Level 1 (Life threatening)• Level 2 (Case specific)Level 2 (Case specific)• Level 3 (Community wide)Level 3 (Community wide)

Page 56: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

WITNESS PROTECTION – WITNESS PROTECTION – “ALL IN” OR “ALL OUT”“ALL IN” OR “ALL OUT”

• LEGISLATIVE BASIS FOR THE LEGISLATIVE BASIS FOR THE PROTECTION OF WITNESSESPROTECTION OF WITNESSES

-Reform of the legislation-Reform of the legislation• ENTRY INTO WITNESS ENTRY INTO WITNESS

PROTECTIONPROTECTION - The process- The process -Pre-entry assessment-Pre-entry assessment -Memorandum of Understanding-Memorandum of Understanding.. -Refusal of protection-Refusal of protection

Page 57: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

WHILE ON THE PROGRAMWHILE ON THE PROGRAM

• Review of threat assessmentsReview of threat assessments• On-going psychological supportOn-going psychological support• Relocation interstate and Relocation interstate and

overseasoverseas• TerminationTermination

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. MANAGEMENT. MANAGEMENT

• Witness protection – a warning Witness protection – a warning for the futurefor the future

• Manuel Noriega –Panama Manuel Noriega –Panama PresidentPresident

• Witness protection – good newsWitness protection – good news• 50 important criminals booked50 important criminals booked• Financial arrangementsFinancial arrangements• TRANSPARENCY AND ACCOUNTABILITYTRANSPARENCY AND ACCOUNTABILITY

Page 59: Panel 1:  Governing at the Local Level Tuesday November 15 (9:00- 10:30)

Lessons for Indian Policy Lessons for Indian Policy on WPPon WPP

• A proper legislation to give a witness A proper legislation to give a witness /victim his due in the criminal justice /victim his due in the criminal justice systemsystem

• Proper checks and balances Proper checks and balances • Initially to involve only to the offences Initially to involve only to the offences

like terrorism, organized crime, drug like terrorism, organized crime, drug trafficking and communal violence etctrafficking and communal violence etc

• Monitoring to be kept by a special Monitoring to be kept by a special autonomous bodyautonomous body

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Points to rememberPoints to remember

• Problems of social and legal natureProblems of social and legal nature• Psychological supportPsychological support• Finances (centre and states)Finances (centre and states)• Length of the programmeLength of the programme• Sanctioning authoritySanctioning authority• Terminating authorityTerminating authority• Support of the public and the NGOSupport of the public and the NGO• NHRC and human rights organizationNHRC and human rights organization• Political willPolitical will

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Panel 1: Governing at the Local Level

Tuesday, November 15 (9:00- 10:30)

D.S.Ravindran Provisioning of Open Spaces

Rohit Choudhary Community Policing Initiatives

Pramod Kumar Urban Management and Solid Waste Management

Laura Meza Private Protected Areas in Chile

K. Laxminarayana Rao Witness Protection and India

12th Symposium on

Development and Social Transformation