Don't just make laws, enforce them as well
Laws are an important part of our society, and they serve a variety of purposes. The legislative arm of the Government has the task to make laws which would make our nation a better place to be.
Laws play a role in our society by establishing standards for behavior. They tell us what is and is not acceptable behaviour, and they provide consequences for people who break the law. This helps to create an orderly society in which people can live and work together safely.
However, what good are the laws when no one follows them and the enforcement aspect of the laws are missing.
In 2010, the Waste Management Act came into being and it serves a larger purpose whereby it allows for the proper disposal of waste and all little intricacies associated with waste management including littering.
Section 20, subsection 2 of the Act states that a person who; (a) throws or deposits any waste; (b) discharges or permits the discharge of any waste; or (c) causes the depositing or discharge of any waste, on or in the vicinity of a roadway, vacant land or foreshore, or into any river, stream, creek, pool, well, lake, mangrove or the sea commits an offence and is liable upon conviction to a fine— (i) not exceeding 50 penalty units, in the case of an individual; or (ii) not exceeding 100 penalty units, in the case of a corporation, or an individual who has committed an offence against this section on a previous occasion.
In very simple terms, littering is an offence in Samoa however, the only people who are allowed to issue fines under this Act are the officers from the Ministry of Natural Resources, not police officers, not firefighters, not nurses and not anyone else.
This law in particular was made to protect the environment and if the enforcement of this law is not happening, then what is the good in making such laws? This is the same thing as signing so many conventions with the United Nations and not doing any work on the ground to keep up to the promises that have been made.
Similarly, we have a law that deals with the persistent problem of people throwing litter all over Samoa but nothing is being done to take people to task. Laws, while they protect people, also hold people answerable for violations of the law. It makes you wonder if the law was really made to make a difference or it was something to appease the international society.
Prime Minister Fiame Naomi Mataafa was at the COP27 meeting in Egypt where she called on the world to look at the loss and damage issue and called on the biggest emitters to tone it down. We from the Pacific have made some wonderful commentary on climate change. We continue to say we are the ones most affected by climate change and global pollution, yet we are doing the same thing as the very same people we are blaming for global pollution.
Here at home, we are not following the simple task of disposing litter properly and contributing to the ever growing amount of plastic in the ocean. This was one of the reasons why the Waste Management Act came into being and it was to protect the environment. Fining people may not stop everyone from littering but it could start a new habit.
We have the law, let us use it, otherwise it is just some redundant words written on a piece of paper that has no consequence at all. The Government has a duty of either extending the jurisdiction of this law to other government agencies through amendments or for the MNRE to employ anti-litter officers with the specific task to take litterbugs to task. Money is often considered the best motivation and the loss of it the best deterrent. If a few people are fined and forced to part with their money, it will make people think. If this is the way we are going to be stopping litterers then let it be.
These are the times we have to question why these laws were created and what is their purpose. We have to remember that laws also protect our rights as citizens, our properties and our environment. They guarantee us certain basic rights, such as the right to a fair trial, and they ensure that we are treated equally under the law.
Laws help to promote public safety. By establishing penalties for dangerous or harmful behavior, they discourage people from engaging in activities that could hurt themselves or others.
Overall, laws play a vital role in maintaining a just and orderly society and this includes the stopping of litterbugs.