UNITED NATIONS EP
UNEP /GC.23/INF/10
Distr.: General Governing Council 21 December 2004 of the United Nations English only Environment Programme
Twenty-third session of the Governing Council/ Global Ministerial Environment Forum Nairobi, 21–25 February 2005 Item 4 and 6 of the provisional agenda* Assessment, monitoring and early warning: state of the environment Follow-up to the World Summit on Sustainable Development: contribution of the United Nations Environment Programme to the forthcoming session of the Commission on Sustainable Development
Implementation of the Montevideo Programme III for the period 2000–2005
Note by the Executive Director
The annex to the present note comprises more detailed information relating to matters referred to in document UNEP/GC.23/3/Add.3 on the implementation of the Programme for the Development and Periodic Review of Environmental Law for the First Decade of the Twenty-first Century (Montevideo Programme III). The annex is being issued without formal editing.
* UNEP/GC.23/1.
K0473830 060105
For reasons of economy, this document is printed in a limited number. Delegates are kindly requested to bring their copies to meetings and not to request additional copies.
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Annex
Contents Page
Implementation of the Montevideo Programme III for the period 2000–2005 ...... 1 Note by the Executive Director ...... 1 Mid-Term Review of the Montevideo Programme III...... 4
Part I: Achievements, strategic perspectives and challenges...... 4
I. Introduction……………………………………………………………………………………….4 II. Major achievements ...... 4 A. Contribution to the development of international environmental legal instruments ...... 4 B. Capacity-building at national level including information dissemination...... 5 C. UNEP Global Judges Programme ...... 6 D. Strengthening and creation of partnerships...... 6 E. Compliance and enforcement ...... 6 III. Strategic approaches ...... 7 A. Partnerships and stakeholders...... 7 B. Multi- stakeholder participation...... 8 C. Regionalisation ...... 8 D. Link to the internationally agreed goals of the Millennium Declaration (MDGs), WSSD and other global priorities ...... 8 E. Institutional arrangements within UNEP ...... 9 1. Division of Environmental Policy Implementation (DEPI) ...... 9 2. Division of Environmental Conventions (DEC)...... 9 3. Division of Early Warning and Assessment, Partnership Management Unit ...... 9 4. Division of Technology, Industry and Economics ...... 9 5. Division of Communications and Public Information ...... 10 IV. Environmental law activities: institutional structure...... 10
Part II: Programme report ...... 11
V. Introduction……………………………………………………………………………………...11 VI. Report on the Montevideo Programme III programme areas – effectiveness of environmental law ...... 11 A. Implementation, compliance and enforcement ...... 11 B. Capacity-building...... 17 C. Prevention and Mitigation of Environmental Damage ...... 28 D. Avoidance and settlement of international environmental disputes ...... 29 E. Strengthening and development of international environmental law ...... 30 F. Harmonization and coordination...... 32 G. Public participation and access to information...... 34 H. Information technology ...... 36 I. Innovative approaches to environmental law ...... 38 J. Freshwater resources ...... 39 K. Coastal and marine ecosystems ...... 42 L. Soils……………………………………………………………………………………..43 M. Forests…………………………………………………………………………………..44 N. Biological diversity...... 47 O. Pollution prevention and control...... 50 P. Production and consumption patterns ...... 53 Q. Environmental emergencies and natural disasters...... 54 R. Trade…………………………………………………………………………………….55 S. Security and the environment...... 58 T. Military activities and the environment ...... 58
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Part III:Regional implementation...... 60
VI. Implementation...... 60 A. Africa……………………………………………………………………………………60 B. Asia and the Pacific...... 63 C. Europe…………………………………………………………………………………..72 D. West Asia...... 77 E. Latin America and the Caribbean ...... 79
Part IV: Areas of focus for the future ...... 101
VIII. Introduction……………………………………………………………………………….……101 IX. Legal aspects of environmental problems that merit special attention ...... 101 A. Freshwater Resources (MPIII, area 10) ...... 101 B. Strengthening and Development of International Environmental Law (MPIII, area 5).102 C. Coastal and Marine Ecosystems (MPIII, area 11) ...... 104 D. Trade and Environment (MPIII, area 18) ...... 105 E. Implementation, Compliance, and Enforcement (MPIII, area 1)...... 107 F. Alignment of MPIII to achieve MDGs...... 109 G. Implementation of Johannesburg Principles for capacity building of judges and other legal stakeholders...... 110 H. Strengthening governance, rule of law and effective implementation of environmental law ...... 110 I. Focus on Francophone, Arab and Lusophone countries ...... 110 J. Focus on national and local level capacity building...... 111 K. Strengthening environmental law education at university level...... 111 L. Develop indicators for measuring impact of capacity building and conduct assessment of capacity-building...... 111 M. More closely directed dissemination of information...... 111 N. Preparations for Montevideo Programme IV...... 112
Part V: Appendices ……………………………………………………………………………………..113
Appendix I Montevideo Programme III…………………………………………………………...115 Appendix II Excepts from UNEP External Evaluation Reports………………………………...….131 Appendix III Chief Justices and Senior Judges in the UNEP Global Alliance of Judges on Envioronmental Law…………………………………………………………………..133 Appendix IV Participants at UNEP Global Training Programmes………………..…………………142 Appendix V Members of the UNEP Academic Contact Group on Environmental Law...………….147
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Mid-Term Review of the Montevideo Programme III
Part I: Achievements, strategic perspectives and challenges
I. Introduction
1. Since 1982, UNEP's environmental law activities are organized and coordinated through a series of 10-year programmes for the development and periodic review of environmental law. The first programme (Montevideo Programme I) and the programme for the 1990s (Montevideo Programme II) were adopted by the Governing Council in 1982 and 1993, respectively. 2. The Programme for the Development and Periodic Review of Environmental Law for the First Decade of the 21st Century (Montevideo Programme III), adopted by the Governing Council in 2001, serves as strategic guidance for all UNEP environmental law activities. The pres ent document constitutes the mid-term review of the Montevideo Programme III, as called for by Governing Council Decision 22/17/II/D. 3. UNEP has carried out significant activities with respect to each of the 20 programme areas in Montevideo Programme III over the past five years. In implementing the Programme, UNEP has devoted attention to two different, but closely related, areas. These are, first, its substantive work in the development and application of principles, regulations and procedures of international and national environmental law in specific thematic subject areas and, secondly, the adoption of appropriate mechanisms for improving the delivery of the objectives and outcomes established in relation to those thematic subject areas. Thus, in addition to its substantive contribution to the development of international environmental law and implementation of that law at the global, regional, sub -regional and national levels, UNEP has invested considerable effort in carrying out complementary programmes and initiatives to encourage the application of the legal instruments by as many States and actors as possible. 4. The complementary programmes and initiatives have included, inter alia, capacity building with regard to environmental law and institutions at the national level, including: needs assessment; information dissemination; development of partnerships among States, private operators and other stakeholders at various levels; promotion of consultations with, and participation by, relevant stakeholders in the development of policies and their implementation; and the continuation and further refinement of the focus on regionalization and country-specific arrangements whenever appropriate and possible. 5. The programmes and initiatives take account of the linkages between implementation of the Montevideo Programme III and major international initiatives, such as the internationally agreed goals of the Millennium Declaration (MDGs) set out in GA-Res 55/2; the WSSD Plan of Implementation and the Johannesburg Declaration on Sustainable Development (2002); the Finance for Development Consensus (2002) and trade talks within the framework of the World Trade Organisation, in particular the 4th Ministerial Declaration adopted in Doha, Qatar (2001).
II. Major achievements
6. In this section, UNEP’s major accomplishments under the Montevideo Programme III will be introduced. They will be elaborated in the other parts of this report.
A. Contribution to the development of international environmental legal instruments
7. UNEP has been instrumental in contributing to the further development of international environmental legal instruments at the global and regional scale. It played a major role in initiating and providing advice for to the development of new global and regional conventions during the reporting period, in which a number of new international environmental instruments have been negotiated or
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came into force. In addition to the conventions listed below, UNEP has provided legal advice and support to intergovernmental meetings in the context of several global and regional agreements.
8. Global agreements for which UNEP contributed significantly to their development include:
· The Cartagena Protocol on Biosafety to the 1992 Convention on Biological Diversity, adopted in 2000, entered into force on 11 September 2003; · The Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (Rotterdam Convention), adopted in 1998, entered into force on 24 February 2004;
The Convention on Persistent Organic Pollutants (Stockholm Convention), adopted in 2001, entered into force on 17 May 2004.
9. For the development of these conventions, legal support was provided by a UNEP staff member in the process of negotiations and to the interim Secretariat, in providing legal advise and drafting proposals, etc. The instrumental role of UNEP was greatly appreciated and acknowledged by the parties involved. Also at the regional level, UNEP was pivotal in contributing to the development of: · The Convention for Cooperation in the Protection and Sustainable Development of the Marine and Coastal Environment of the Northeast Pacific, adopted in 2002 within the framework of UNEP’s Regional Seas Programme; · The African Convention on the Conservation of Nature and Natural Resources, adopted in 2003, has been negotiated under the auspices of the African Union, with the assistance of UNEP/DEPI and IUCN. UNEP provided funding and legal expertise for the process leading to the adoption of the revised text. · UNEP, and in particular its Regional Office for Asia and the Pacific, provided critical experience and expertise in the process leading to the adoption of the Association of South East Asian Nations (ASEAN) Agreement on Transboundary Haze Pollution, adopted in 2002, which entered into force on 22 November 2003.
B. Capacity-building at national level including information dissemination
10. Another achievement in implementing the Montevideo Programme III is UNEP’s extensive record in providing assistance in implementation and capacity building of environmental law on the national level together with information dissemination. 11. During the reporting period, UNEP organized global, regional and national training programmes and workshops in environmental law. An estimated 1,000 participants, from more than 130 countries, including 104 of the 132 Member States of the Group of 77, were trained on a broad range of subjects pertaining to environmental law. Also, 28 countries that are not G77 members, received training, in particular Central Asian, Eastern and Central European countries. The feedback of participants over the years indicate that the environmental law training they received has been of direct use in their daily work: it broadened their horizon, and provided substantive knowledge as well as analytical skills to tackle the environmental issues they encounter. 12. Environmental law publications are one of the means used by UNEP to disseminate information in order to enhance the information basis for decision-making in the field of environment in Governments and in other institutions. They are also used as an instrument for training in environmental law workshops, training programmes, judges’ symposia etc. During the reporting period, among the major publications issued were: · UNEP’s Environmental Law Training Manual, · Handbook on Environmental Law (national legislation and international law), · a Judges Handbook of Environmental Law, · several Legal Drafters’ Handbooks on Environmental Law on selected sectoral issues such as water, · Compendia of Summaries of Judicial Decisions in Environment Related Cases.
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13. The publications are of crucial importance for legal practitioners, and are among the principal training tools for students in developing countries, as the previous version of the Environmental Legal Training Manual demonstrated. We discovered that this publication was well used and often found among the handful of publications available in university libraries in the ‘environmental law’ section. 14. UNEP launched its Environmental Law Website and the joint UNEP -FAO-IUCN database ECOLEX on the internet, which for the first time made available to a wide audience, extensive and up to date environmental law information. In addition, it published an extensive range of environmental law materials and training manuals which are distributed free of charge to readers in developing countries and countries with economies in transition.
C. UNEP Global Judges Programme
15. UNEP’s work focusing on the judiciary can be considered as a significant achievement during this reporting period. Through securing support of senior judges, often the Chief Justice in many countries, UNEP has created access to national capacity-building programmes for the judiciary and other legal stakeholders. This is particularly relevant since so many members of the judiciary were often not trained in environmental law before they took up their tenure, combined with the fact that more and more national environmental legislation is being adopted and finds its way to the courts. The UNEP Global Judges Programme is an excellent example of creating a sense of mutual responsibility and partnership among the members of the judiciary in developing and developed countries. In the carrying out of the Judges Programme, UNEP created a wide alliance of partners, including universities, NGOs, national judicial training institutes, the World Bank Institute, and the Commonwealth and the Francophone Secretariat. 16. UNEP convened the Global Judges Symposium on Sustainable Development and the Role of Law in Johannesburg, South Africa, in August 2002, as a parallel event to the WSSD. The outcome of the Global Judges Symposium, the Johannesburg Principles on the Role of Law and Sustainable Development , which are attached to this report (ANNEX II), was presented to the UN Secretary General and to the WSSD. The Governing Council endorsed UNEP’s commitment in this field in its decision 22/17 II A on the Follow-up to the Global Judges Symposium focusing on capacity-building in the area of environmental law. UNEP prepared a practical plan of work, and convened regional judges needs assessment meetings in almost every region of the world. Based on these meetings, the first national, practical-oriented national judges training workshops in environmental law have been held (Uganda, South Africa, Vietnam and Cambodia) and another 50 are planned. This is the first time that the central role of the judiciary in implementing and strengthening environmental law has been recognised at the global level. D. Strengthening and creation of partnerships
17. During the reporting perio d, UNEP made a deliberate effort to maintain and enlarge the partnership for cooperation to carry out its law work programme. Almost all of the activities in the Montevideo Programme III are implemented in collaboration with external partners, which co-sponsor events, collaborate in the organization and conduct of specific activities or contribute to the contents of publications or activities. UNEP also cooperates closely with renowned environmental lawyers. These partners include other international orga nizations, from the UN family or external, Governments, financial institutions, NGOs, Foundations, Academia, civil society groups and the private sector, for activities carried out at the global level or at the regional, sub-regional or national level. E. Compliance and enforcement
18. Since the beginning of this decade, on various occasions, Governments and other international actors have expressed their intention to consolidate existing environmental legal instruments and redirect their focus on implementation and compliance. This in contrast with the period under Montevideo Programme II, when many new legal regimes were developed. As Dr. Klaus Toepfer has commented: “the initiation and negotiation of any law, be it national or international, is a finite accomplishment. The support, implementation, interpretation and enforcement is an ongoing task.” In accordance with this new direction, UNEP readjusted its work programme and put compliance and enforcement among its most important areas of work. During the reporting period, much has been achieved in this field.
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19. Implementation, enforcement of and compliance with international environmental agreements are crucial. Therefore, UNEP, in its Division of Environmental Policy Implementation (DEPI), has created a unit dedicated to ensuring compliance with and enforcement of established national, regional and international environmental policy instruments, particularly legally-binding instruments. DEPI developed a non -legally binding instrument, the Guidelines for the Enforcement of and Compliance with Multilateral Environmental Agreements . These were developed through a long-term intergovernmental consultative process in which experts from over 80 governments provided input and ultimately unanimously approved the G uidelines in October of 2001 and were adopted by the Governing Council in 2002 (Decision SS.VII/4). The Guidelines provide a "toolbox" of considerations, proposals, suggestions and potential measures that governments and other stakeholders may take to improve the compliance with and enforcement of all Multilateral Environmental Agreements (MEAs), both current and future. On the basis of these guidelines, a Training Manual has been drafted and tested in various training workshops around the world, to promote their application. The guidelines constitute an important practical response to the growing need to ensure effective implementation and enforcement of, and compliance with, the obligations contained in international environmental agreements. 20. UNEP’s envir onmental law activities focus on the programme areas included in the Montevideo Programme III. Each programme area is discussed in Part II. III. Strategic approaches
A. Partnerships and stakeholders
21. The implementation of the Montevideo Programme III has meant reaching out to a multitude of legal stakeholders and with a wide range of partners involved in or who influence environmental law development, implementation, enforcement and strengthening. Over 200 partnerships have been set up at global, regional and national levels. Almost all activities in the Montevideo Programme III are implemented in collaboration with these partners, which co-sponsor events, collaborate in the organization and conduct of specific activities or contribute to the contents of publications or activities. Examples of partners include: United Nations Convention Secretariats of MEAs FAO, UNITAR, World Bank, ILO, UNESCO, WTO, UNDP, UN Regional Commissions
Intergovernmental organizations European Union, Commonwealth Secretariat, African Union, ASEAN, SADC
Non-Governmental organizations, major groups and foundations Arab Regional Commission on Environmental Law, Environmental Law Foundation, IUCN Academy of Environmental Law, Centre for International Environmental Law, International Network for Compliance and Enforcement, Hans Seidel Foundation, Foundation for Natural Resources, South Pacific Regional Environmental Programme, World Resources Institute. Interparliamentary Union
Institutions of higher learning and faculties of law Uni versities of Kagawa, Pretoria, Nairobi, Dar es Salaam, Joensuu (Finland), Pace University Centre for Environmental Legal Studies, New Zealand Centre for Environmental Law, the Yale Center for Environmental Law and Policy. A network of Centres of Excellence among Universities has been set up, and there is a close cooperation with renowned environmental law professors all over the world.
Governments Recipient governments: Partnerships have been set up, upon their request, mainly through MOUs. Often national (legal) task forces have been established to carry out the work.
Donor governments: Bilateral partnerships towards implementation of particular aspects of Montevideo Programme III within the GC approved Programme of Work have been established. Among the major donor countries are Belgium, Norway and The Netherlands.
Judicial support Creation of a UNEP Alliance of Chief Justices from around 100 countries supportive of the Global Judges programme, declaring their commitment to capacity building of judges in environmental law at
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national level. The creation of judges fora on Environmental Law in Europe, Pacific, Southern Africa, Arab States, the Caribbean and the Francophone African countries.
B. Multi- stakeholder participation
22. In order to achieve the objectives of Montevideo Programme III, UNEP aims at consulting all relevant stakeholders and give them the opportunity to participate. This is illustrated by UNEP’s approach in providing legal technical assistance with the development op national legislation, where the inclusion of a national participatory dialogue is standard practice. In these national consultative meetings all national stakeholders are invited to attend. Another example is the legal training organized by UNEP. 23. UNEP ensures in its selection process that not only government officials, but also a broader array of stakeholders are training beneficiaries. C. Regionalisation
24. Besides the firm commitment of UNEP to engage in partnerships for the implementation of the Montevideo Programme III, other strategic approaches have been adopted which warrant explicit attention in this report. During the reporting period, UNEP readjusted it focus to interweave, in particular, regionalization, country-specific arrangements and promoting national ownership in its actions undertaken. 25. During Montevideo Programme II, international environmental law was largely centred on international arrangements at the global scale. Rio forged the way for undertaking global commitments, and the international community came to the realization that environmental issues needed to be tackled at a global scale in order to be effective. During this first phase of the Montevideo Programme III, the focus shifted gradually to more tailored approaches. In addition, it became clear that the global scale arrangements needed to be ‘translated’ to other levels to enhance their impact. Therefore, UNEP paid more attention to activities and arrangements at the regional scale, as well as country specific arrangements. These two strategic approaches were combined with the promotion of national ownership of countries involved. Part III of this report will give more details regarding the regional and national implementation activities. D. Link to the internationally agreed goals of the M illennium Declaration (MDGs), WSSD and other global priorities
26. The reporting period has seen major developments at the international level, which are not directed specifically at environmental law, but which have an important bearing on the implementation of the Montevideo Programme III. In particular, reference is made to MDGs as included in UN General Assembly Resolution 55/2: United Nations Millennium Declaration (2000); the WSSD Plan of Action and the Johannesburg Declaration on Sustainable Development (2002); the Finance for Development meeting in Monterrey, which adopted the Monterrey Consensus (2002); and the trade talks in the framework of the World Trade Organization, in particular the Fourth WTO Ministerial Declaration adopted in Doha, Qatar (200 1). 27. UNEP’s law activities, while firmly grounded in its Governing Council prescription contained in Montevideo Programme III, are adjusted to take these new developments into account, in the course of implementation of the environmental law programme. 28. An illustration of this integrative method is the work being done to support selected countries in Africa with the implementation of the three ‘Rio Conventions’. The Belgium -funded project entitled ‘Capacity building programme for the integration and institutionalization of environmental management into national poverty reduction programmes and related activities’, has a strong law component, jointly managed by DPDL and DEPI. Among others, it will include a study on linkages between environmental law and poverty alleviation as it relates to the national implementation of three MEAs (the conventions on biodiversity, climate change and desertification) in four project countries (Mozambique, Tanzania, Rwanda and Uganda).
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E. Institutional arrangements within UNEP
29. The institutional arrangements within UNEP to implement the Montevideo Programme III are well in place. The Environmental Law Branch of the Division for Policy Development and Law (DPDL) has established long-standing modes of cooperation with other UNEP Divisions. In this section the most significant areas of institutional collaboration will be highlighted: 1. Division of Environmental Policy Implementation (DEPI)
PADELIA 30. DEPI is managing the Partnership on the Development of Environmental Law and Institutions in Africa (PADELIA), which was developed to mobilize financial resources and partners to implement environmental law objectives with the corresponding results and performance indicators in 13 project countries. Currently its Phase II Programme on ‘Capacity Building on Environmental Law and Institutions in Africa’ is under way with national and sub-regional capacity building activities in Africa. The Environmental Law Branch and DEPI are together organizing many activities, such as training for members of the judiciary at the national level in PADELIA -countries
Compliance and enforcement 31. DEPI has created a Unit dedicated to ensuring compliance with and enforcement of established national, regional and international environmental policy instruments, particularly legally -binding instruments. Among the major initiatives of this Unit is the development and implementation of Guidelines on Compliance with and Enforcement of MEAs, and the organization of workshops and technical support to current and aspiring parties to the Lusaka Agreement on cooperative Enforcement Operations Directed at Illegal Trade in Wild Fauna and Flora. The Unit provides technical assistance to Governments, part icularly in the form of compiling training manuals, organizing education workshops and providing legal advisory services.
Project on poverty and the environment 32. DEPI is one of the UNEP Divisions participating in this Belgium-funded project (see above).
Dutch Partnership Programme 33. With DPDL, DEPI is responsible for implementing the activities under the Environmental law Cluster of the Dutch partnership programme, especially training activities (including of judges), in particular in PADELIA-countries.
2. Division of Environmental Conventions (DEC)
34. The Division of Environmental Conventions identifies synergies and promotes the substantive collaboration among MEAs. DEC also encourages links between UNEP's programme and those of MEAs. With the proliferation of MEAs at the global and regional level, there is a growing need for a strategic approach to increase collaboration between MEAs. UNEP’s law activities and DEC are closely intertwined. 3. Division of Early Warning and Assessment, Partnership Management Unit
35. With Division of Early Warning and Assessment (DEWA), the Environmental Law Branch is cooperating closely in the Partnership for Principle 10, hosted by the World Resources Institute. 4. Division of Technology, Industry and Economics
36. The Environmental Law Branch works together with Division of Technology, Industry and Economics (DTIE), especially its Economics and Trade Branch, to implement the programme area on trade in the Montevideo Programme III.
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5. Division of Communications and Public Information
37. It provides important support for the law activities relating to information dissemination, in particular UNEP’s law website and technical support for ECOLEX activities.
IV. Environmental law activities: institutional structure
38. UNEP’s environmental law activities with regard to the implementation of the Montevideo Programme III are mainly concentrated in the Environmental Law Branch, which is a part of the Division for Policy Development and Law. For other UNEP activities in this area, including in particular the activities carried out by the Division for Environmental Policy Implementation, see below under strategic approaches. 39. The organization chart below indicates what types of activities are undertaken to implement the Montevideo Programme III. UNEP’s environmental law activities focus on the programme areas included in the Montevideo Programme III. Each programme area is discussed in Part II. ORGANIZATION CHART OF THE ENVIRONMENTAL LAW BRANCH
AREAS OF WORK 1. Plan, manage and implement PoW 2. Develop external and internal partnerships CHIEF OF and mobilise resources BRANCH 3. Corporate legal advice 4. Liaison with senior management of UNEP
TECHNICAL LEGAL LEGAL DEVELOPMENT LEGAL PUBLICATIONS AND
ASSISTANCE UNIT AND RESEARCH UNIT INFORMATION UNIT
AREAS OF AREAS OF WORK AREAS OF WORK WORK 1. Contribute to progressive 1. Assistance to govts. to dev elopment of International 1. Enhance visibility of work strengthen national Environmental Law including done by UNEP in the field of legislation MEAs. Environmental Law 2. 2. Development of regional 2. ECOLEX and the UNEP 3. Global, regional and environmental accords Environmental Law website national training in 3. Carry out legal studies 3. Develop and publish UNEP environmental law required under MPIII and GC Environmental Law decisions Publications in UN languages 4. Information dissemination through ELB and Regional Offices
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Part II: Programme report
V. Introduction
40. Since the adoption of Montevideo Programme III as a basis for the environmental law programme of UNEP in February 2001, significant progress has been made in specific priority areas identified to implement Montevideo Programme III. In pursuance of decision 21/23, the UNEP Secretariat has made significant progress in implementing Montevideo Programme III with a number of activities being completed, while others are ongoing or planned to be undertaken in the rest of the decade. Montevideo Programme III is a strategic program for the decade that is being undertaken on the basis of global and regional inputs. Each activit y is designed to respond to demonstrated needs, availability of resources, harmonization with the UNEP program of work, requests received from Governments as well as the UNEP technical assistance and capacity building programs on environmental law. 41. The following is an account of the activities so far carried out by UNEP through its programme of work and in close collaboration with relevant partners including the outputs and results of each activity in the subject areas of the Montevideo Programme III. This account also includes the challenges faced and the way forward for the decade. The Mid-Term review is undertaken with a view to having a number of key strategic perspectives that give focus to the activities of the program areas set out in the Montevideo Programme III for the coming five years, while recognizing that at any stage new and appropriate areas of environmental concerns may be developed within or alongside the program.
VI. Report on the Montevideo Programme III programme areas – effectiveness of environmental law
A. Implementation, compliance and enforcement
1. Objective, strategy and main activities
42. The objective of this programme area is to achieve effective implementation of, compliance with, and enforcement of environmental law. The strat egy to achieve this objective is to promote the effective implementation of environmental law through, inter alia, the widest possible participation in MEAs and the development of relevant strategies, mechanisms and national laws. 43. The activities envisage d under this programme area include conducting studies on the effectiveness of, and compliance with, international environmental law, identifying the underlying causes of non-compliance and the environmental effectiveness of domestic environmental law, with the consent and co-operation of the relevant State or States. The activities also aim to identify effective means to address major constraints faced especially by developing countries, and, in particular, the least developed among them, and countries with economies in transition in implementing environmental law; and seek to cooperate with States, particularly by providing assistance to developing countries, and, in particular, the least developed among them, and countries with economies in transition, in establishing and strengthening domestic law to improve compliance with international environmental obligations and enforcement of such obligations through domestic law and in developing national environmental action plans or strategies and, where appropriate, regional action plans or strategies, to assist in the implementation of international environmental obligations. 44. The activities of this programme area also call for development, where appropriate, as advice to competent national authorities, model laws or equivalent guidance materials for the implementation of international environmental instruments; and to prepare comparative analysis of compliance mechanisms, including reporting and verification mechanisms, under different MEAs and, where appropriate, under agreements in other fields of international law; and to promote facilitative means of implementation of, and compliance with, international environmental law and, in this regard, study the efficacy of financial mechanisms, technology transfer and economic incentives under existing international environmental law instruments as well as promoting the use, where appropriate, of disincentives, including effective civil liability mechanisms, to encourage compliance with environmental law are activities that are also expected in this programme area.
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45. Other areas include evaluating and, as appropriate, promoting the wider use of criminal and administrative law in the enforcement of domestic environmental laws and standards; and exploring options for advancing the effective involvement of non-State actors in promoting implementation of, and compliance with, international environmental law and its enforcement at the domestic level. Another activity is to promote further regional cooperation for enhancing implementation of, and compliance with, international environmental law as well as encouraging during the development of new international environmental legal instruments, consideration of the implementation and enforcement aspects of those instruments. 2. Acti vities carried out, outputs and results
46. The main activities carried out in this programme area included development of guidance material to enhance compliance with and enforcement of environmental law; providing technical assistance and advisory services to Governments upon request to implement environmental law by strengthening their legal and institutional framework, conducting training programmes at the national, regional and global level targeting government officials, and other legal stakeholders to enhance their role in implementation and enforcement of environmental law and by enhancing the role of Judges in enforcing environmental law through the UNEP capacity building programme of Judges. UNEP also prepared publications to enhance implementation of environmental law, these included training materials such as the UNEP Training Manual which addresses issues relating to national law and institutional regimes as well as issues of implementation of MEAs and compliance mechanisms their applications and effectiveness. The following is an account of the work of UNEP in the area of promoting and facilitating implementation of environmental law, compliance and enforcement. 3. Development and adoption of guidelines on compliance & enforcement of environmental law
47. Under the auspices of the United Nations Environment Programme (UNEP), recently Governments through an inter-governmental process decided to adopt global guidelines to assist and guide the process of implementation. These guidelines were adopted in February 2002 by UNEP Governing Council decision SSVII/4 for the purpose of enhancing compliance with, and enforcement of environmental law and are referred to as Guidelines for Compliance with and Enforcement of MEAs . 48. The guidelines are in the form of a soft law legal instrument, which were developed by Governments through an inter-governmental consultative process organized under the auspices of UNEP and adopted by consensus. The guidelines have two parts, one on Compliance with, and Enforcement of MEAs and the second part has guidelines are for National Enforcement, and International Co-operation in Combating Violations of Laws that are Implementing MEAs. The guidelines although not specific to any convention are provided as a “tool box” of proposals, suggestions and potential measures that Governments and stakeholders may consider utilizing to improve compliance with and enforcement of MEAs. 49. The Global Guidelines recognize the need for national enforcement of laws to implement MEAs. Enforcement is essential to secure the benefits of these laws, protect the environment, public health and safety, deter violations, and encourage improved performance. The guidelines also recognize the need for international cooperation and coordination to facilitate and assist enforcement that arises from the implementation of MEAs and help to establish an international level playing field. 50. The purpose of these guidelines is to outline actions, initiatives and measures for States to consider for strengthening national enforcement and international cooperation in combating violations of laws implementing MEAs. The guidelines can assist Governments, its competent authorities, enforcement agencies, secretariats of MEAs, where appropriate, and other relevant international and regional organizations in developing tools, mechanisms and techniques in this regard. 51. The scope of the guidelines is to address enforcement of national laws and regulations implementing MEAs in a broad context, under which states, consistent with their obligations under such agreements, develop laws and institutions that support effective enforcement and pursue actions that deter and respond to environmental law violations and crimes. Approaches include the promotion of appropriate and effective laws and regulations for responding appropriately to environmental law violations and crimes. The guidelines accord significance to the development of institutional capacities through cooperation and coordination among international organizations for increasing the effectiveness of enforcement.
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52. As a follow up to the adoption of the Guidelines and to facilitate the implementation thereof, a Manual on the Use of and Further Elaboration of the Guidelines was prepared. They were promoted and tested in five regional workshops in 2003 to 2004. Thereafter, further work on implementation and enforcement of MEAs is being undertaken at national level with few selected countries to ensure that where necessary countries develop national enforcement programs in discreet areas of the environment to enhance compliance with and enforcement of environmental law. For more information visit www.unep.org/depi. 53. When the manual is finalized UNEP will embark on a program that will seek to identify effective means to address major constraints faced especially by developing countries, and, in particular, the least developed among them, and countries with economies in transition in implementing environmental law. National, Regional and Global Training Programs to enhance
4. Implementation and compliance with and enforcement of environmental law
54. UNEP organized different kinds of training programs in environmental law mainly aimed at enhancing implementation of environmental law as well as for building capacity of Government Officials to implement environmental law and to improve on compliance and enforcement of environmental law. The participants for these training programs were drawn from both developed and developing countries depending on the scope of the program whether global, regional or national. Decision makers in Government, Members of the Judiciary, Legal Practitioners, Non-Governmental Organization (NGOs), and the Academia were among the beneficiaries of the UNEP training programmes. Decision-makers in the Government have a role in development and implementing environmental law, as well as in implementation of environmental obligations at the national level. 55. The Judiciary also has a role in implementation and enforcement of environmental law. There is a role for legal practitioners and the Civil Society including NGOs in implementation of environmental law as well as enforcement through courts of law. The Academia is important because of its role in teaching environmental law and in preparing a new generation of lawyers who will take up the role of implementation as well as that of ensuring compliance with, and enforcement of environmental law. 56. The Fifth Global Training Program on Environmental Law and Policy was a three-week program held in 19 November-7 December 2001. This program benefited 50 participants from all parts of the world including participants from developed countries. Among the topics covered by this training program included those relating to implementation of various MEAs and issues relating to compliance mechanisms developed by the MEAs. The final evaluation indicated that the participants benefited from both the training program and the field trips in terms of understanding issues relating to development and implementation of environmental law. 57. The Sixth Global Training on Environmental Law and Policy (GTP6) was held in Nairobi, Kenya from 24th November to 5th December 2003. This was a two-week program which had new features aimed at improving on the program by inviting a multi-stakeholder and multi-disciplinary group of participants including judges, parliamentarians, government officers engaged in the area of environmental policy and law, legal officers, legal NGOs involved in environmental advocacy and litigation, enforcement officers and academics in the field of environmental law. Every effort was made to make GTP6 highly inter-active using a variety of methodologies such as drafting sessions, moot courts, role playing, break-out sessions to analyze the re-argumentation of well known cases, drafting legislation/instruments of ratification etc. 58. The participants participated actively in the programme, both by holding presentations on the situation of environmental legislation and/or jurisprudence in their respective countries and by participating actively in the int eractive exercises and in question and answer sessions. The training also provided the opportunity for participants to exchange views, to share their problems, and to provide invaluable information and documentation for use by the other participants and UNEP. The outcome of the evaluation distributed to participants and resource persons indicated that it was extremely useful to all participants and it will enable them to implement environmental law and ensure compliance and enforcement of the same in an informed position in their countries. Since the Global Training Programmes are always conducted in English, participants from French speaking countries requested that a similar program be prepared and conducted in French to enable them to benefit much better from the training programme.
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59. GTP6 also saw the establishment of UNEP Academic Contact Group on Environmental Law with the participation of some 20 distinguished professors on environmental law as resource persons, several of whom are already collaborating with UNEP as partners in the preparation of the new UNEP Training Manual in Environmental Law as a group of peer reviewers of the Chapters of the Training Manual. The UNEP Training Manual will be used to sensitize legal stakeholders in particular decis ion- makers, academia, the judiciary, legal practitioners and other stakeholders in the area of implementation of environmental Law as well as in issues relating to enforcement and compliance of environmental law. 60. Another training program which was organized with a specific objective of enhancing implementation and compliance with, and enforcement of Biodiversity related conventions was the ESCAP/UNEP Training Workshop on MEAs on Biodiversity and Natural Resources, which was held in Bangkok, Thailand, on 27 - 31 October 2003. The meeting was organized in order to respond to a need, increasingly expressed by Governments and other UNEP partners, to regionalize training activities such as the Global Training Programme on Environmental Law and Policy, in order t o better respond to geographic-specific needs, including those related to the use of a common language or few common languages, and to contribute to the promotion of integration and harmonization of environmental policies and legislation. More than 40 participants from 24 Asia and the Pacific Countries participated in this training programme. These included Afghanistan, Bangladesh, Bhutan, Cambodia, China, Fiji, India, Indonesia, Islamic republic of Iran, Kazakhstan, Lao People’s Democratic Republic, Malay sia, Maldives, Mongolia, Myanmar, Nepal, Pakistan, Philippines, Samoa, Sri Lanka, Thailand, Turkmenistan, Uzbekistan, Vietnam. The report of this training program is available both in hardcopy and in CD ROM form. 61. The UNEP-Kagawa University Annual Symposium on Environmental Law was held in Kagawa, Japan, in 12-14 December 2003. This was a three-day training program in international environmental law for countries in Asia and Pacific that was designed to focus on dispute settlement mechanisms including non-compliance mechanisms developed by Multilateral Environmental Conventions. In this program UNEP as a co-sponsor provided technical and financial support, through the participation of a UNEP Staff member as a resource person and through selecting participants and sponsoring their participation in the training program. The training was useful in that it enabled participants to understand the various dispute settlement procedures including non-compliance mechanisms available in international environmental law and how their application for settling various kinds of disputes including those relating to interpretation of MEAs. 62. Regional Training Programme on Environmental Law and Policy, August 2004 was organized in Tianjin, the Peoples Republic of China to focus on the legal aspects of the implementation and enforcement of environmental law including MEAs. The issues covered by the Regional Workshop included economic instruments, financial mechanisms and other related measures for implementation including MEAs; Liability for environmental harm at the national level; Use of synergies and links among MEAs to facilitate their effective implementation; Regional implementation of environmental law, including regional environmental instruments; and Access to justice and environmental jurisprudence. The Regional Training Program on the Environmental Law and Policy trained more than 40 participants from Asia and Pacific countries. The training program is a first in a series of regional training programs that will be orga nized in different regions for the purpose of enhancing implementation of environmental law in alternate years with the Global Training Program in Environmental Law and Policy which is held after every two years. 63. National workshops have also been used to cover issues relating to implementation and enforcement and compliance with environmental law. Examples are Astana, Kazakhstan in October 2003, and Cambodia in September 2004. 5. The Role of the Judiciary in the Implementation and Enforcement of Environment al Law
64. The Judiciary is an important partner in environmental management because of its role in interpretation of environmental law; implementation of environmental law; enforcement of environmental law, as well as in the role of promoting sustainable development by balancing environmental, social, and developmental considerations in judicial decisions. Recognizing the importance of the role of the Judiciary in environmental law, UNEP and her partners organized the Global Judges Symposium on Sustainable Development and the Role of Law, Johannesburg, 18-20 August 2002. The Chief Justices and Senior Judges who attended the Symposium adopted the Johannesburg Principles on the Role of Law and Sustainable Development, which provide for the need to engage the judiciary and other legal stakeholders to build their capacity in environmental law.
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65. The Symposium gathered 120 Chief Justices and Senior Judges from about 60 countries including Judges from International Courts and Tribunals. The Judges who participated were from the following countries:
Africa: Angola, Egypt, Ethiopia, Lesotho, Malawi, Mauritius, Morocco, Mozambique, Namibia, Nigeria, Rwanda, Senegal, Seychelles, South Africa, Swaziland, Tanzania, Uganda, Zambia and Zimbabwe;
Asia and the Pacific: Afghanistan, Australia, China, India, Indonesia, Lao PDR, Marshall Islands, Nepal, New Zealand, Pakistan, Philippines, Samoa and Thailand;
Eastern Europe and NIS : Georgia, Kazakhstan, Romania, Russian Federation and Slovak Republic;
Europe : Belgium, France, Greece and Italy;
Latin America and the Caribbean: Argentina, Brazil, Costa Rica, Cuba, Guyana, Mexico and Saint Lucia;
North America : Canada and United States of America;
West Asia: Iraq, Israel, Jordan, Oman, Qatar, Saudi Arabia, Turkey, United Arab Emirates and Yemen.
66. The following International Courts and Tribunals were represented: the International Court of Justice, the European Court of Justice, the Court of Justice of the Common Market for Eastern and Southern Africa (COMESA), The International Tribunal for the Law of the Sea. 67. As a follow up to the Global Judges Symposium UNEP organized the Judges Ad Hoc Meeting for the Development of a Plan of Work as a Follow-Up to the Global Judges Symposium Relating to Capacity Building of Judges, Prosecutors, and Other Legal Stakeholders, in Nairobi, Kenya from 30-31 January 2003. The objective of this meeting was to secure advice from 25 Judges mainly Chief Justices, representing different regions and legal systems of the world on the proposed program of work for capacity building of the judiciary and other legal stakeholders in the field of environmental law. 68. In February 2003 the UNEP Governing Council decision 22/17 II on the Capacity building of Judges and other Legal Stakeholders in environmental law was adopted in response to the Global Judges Symposium and earlier regional symposia that took place before it. In implementation of this decision UNEP initiated a global capacity building program for Judges and other legal stakeholders in line with the Johannesburg Principles adopted by the Global Judges Symposium on Sustainable Development and the Role of Law. Decision 22/17 IIA calls upon the Executive Director to support (within the framework of the Montevideo Programme III) the Johannesburg Principles. UNEP has since set in motion an extensive program of work to implement this decision. The goal of this program of work is for UNEP to carry out national activities under the direction and guidance of the respective Chief Justices, for strengthening the role of the judiciary in securing environmental governance, adherence to the rule of law and the effective implementation of national environmental policies, laws and regulations including the national level implementation of MEAs. 69. Nine Chief justices and Senior Judges Sub-Regional Needs Assessment and Planning Meetings, were also held in different parts of the world. Throughout 2003 UNEP convened several Regional Chief Justices Needs-Assessment and Planning Meetings to develop programs at national level and sub regional. The outcome and impact of the Nine Chief Justices and Senior Judges Needs Assessment and Planning Meetings was the national and regional capacity building plans that were developed, the identification of training, information, and equipment needs and priority areas of intervention, the exposure, sharing experiences and networking which has an effect of influencing changes within and learning from one another. The following Sub regional Needs Assessment and Planning Meetings were organized for Anglophone Africa (Nairobi, Kenya, 10-11 October 2003), Southern Africa (Johannesburg, South Africa, 10-11 December 2003), Latin America (Buenos Aires, Argentina, 23-24 September 2003), Mekong Countries (Bangkok, Thailand, 17-18 June 2003), Pacific countries (Auckland, New Zealand, 16 -18 December 2003) the Caribbean (Kingston, Jamaica, 11-12 June 2004), NIS & Eastern European countries (Lviv, Hungary, 16-17 May 2003), Arab Judges (Cairo, Egypt, 29- 31 May 2004), Francophone Africa (October 2004).
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70. UNEP has developed training materials and reference materials including a Judges Handbook prepared with Judges for the Judges capacity building program. The program is aimed at sensitizing Judges and related stakeholders on environmental issues. Train the Trainers Programs as well as National Judges Training Program have also been conducted. There is still a massive task of reaching out to all regions of the world with national training programs for different stakeholders who are responsible for enforcement and implementation of environmental law in the Judges Capacity building program. 6. Technical Advisory Services as they relate to implementation of environmental law, compliance with, and enforcement of environmental law
71. Through this program UNEP co-operates with States, particularly by providing assistance to developing countries, and, in particular, the least developed among them, and countries with economies in transition, in establishing and strengthening domestic law to improve compliance with int ernational environmental obligations and enforcement of such obligations through domestic law and in developing national environmental action plans or strategies and, where appropriate, regional action plans or strategies, to assist in the implementation of international environmental obligations. This is undertaken in the course of providing legal advisory services and technical assistance to developing countries and countries with economies in transition upon their request in different countries of the world, UNEP reviews their status of implementation of MEAs and assists them in enhancing implementation of environmental law through strengthening of laws and institutional regimes. This is part of the UNEP capacity building program that provides legal advisory services to assist developing countries and countries with economies in transition to develop and strengthen national environmental legislation and institutional regimes at the national level. This program is elaborated below in the capacity building program area. 72. Through its work in Regional Offices UNEP has convened, or in some countries is in the process of convening, a multi-stakeholder National fora to strengthen partnership among government; private sector; Judiciary; and civil society groups in the development, compliance with and enforcement of international and national environmental law regimes, including in implementation of MEAs. In the Asian region for example, UNEP held a multi-stakeholder Regional fora to promote compliance and enforcement of MEAs, wider application of economic instruments and broadening the scope of existing regimes for access to environmental information and access to justice, and public participation in decision-making in environmental matters. 73. In undertaking activ ities aimed at assisting developing countries to develop their capacity in implementing environmental law. UNEP forged new partnerships and consolidated existing partnerships with a number of UN bodies, Inter-governmental Organizations, the Academia, Judiciaries around the world and Non-governmental organizations, to develop and implement environmental law activities around the world. 7. Conduct studies on the effectiveness of, and compliance with, international environmental law, identifying the underlyin g causes of non-compliance and the effectiveness of domestic environmental law, with the consent and co -operation of the relevant State or States
74. A compilation of national experiences in enforcement and compliance was collated from the four regional works hops on compliance and enforcement, which were organized for the purpose of promoting guidelines as well as gathering comments on the Manual for the Use and Elaboration of the Guidelines. 75. The UNEP Regional Office for Europe conducted a study on the status of implementation of MEAs in the NIS & Eastern European Countries. 8. Challenges faced
76. In implementing this programme area as it relates to organizing training programs and developing training materials and reference materials for the judges capacity building programme the main challenge is to respond to the needs of all countries that have worked with UNEP and its partners to develop capacity building programmes at the national and at the sub -regional level some of which have different languages that are not UN languages and some have different legal systems.
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9. Way forward for the rest of the decade
77. The rest of the decade will see UNEP enhance its work on capacity building in implementation of environmental law including in compliance with, and enforcement of international environmental law through its training programs and advisory services and technical assistance program; UNEP will undertake studies that have yet to be undertaken in this program area. The following activities will be undertaken in the next five years : (a) Undertaking a study on the effectiveness of financial mechanisms, technology transfer and economic incentives under existing MEAs. . (b) A report on comparative analysis of compliance mechanisms, including reporting and verification mechanisms, under different MEAs. (c) A pilot project in two selected sub regions for enhancing compliance with and enforcement of MEAs by utilizing the Guidelines on Compliance and Enforcement (ROAP and ROLAC) 78. When completed this study and pilot project will be useful tools to facilitate means for compliance with, and enforcement of MEAs.
B. Capacity-building
1. Objective, strategy and main activities
79. The objective of this program area on Capacity building is to strengthen the regulatory and institutional capacity of developing countries, in particular the least developed and small island developing States, and countries with economies in transition, to develop and implement environmental law. The strategy to be used to achieve this objective is to provide appropriate technical assistance, education and training to those concerned, based on assessment of needs. 80. The activities envisaged by this programme area range from developing and strengthening of national environmental legislation, regulations, procedures and institutions to conducting seminars, workshops and exchange programmes for government officials, the judiciary, the legal profession and others concerned, on environmental law and policy, including on the implementation of international environmental instruments. UNEP is expected to provide appropriate training and support to enhance the participation of representatives from developing countries, particularly the least developed among them and small island developing States, and countries with economies in transition, in international meetings and negotiations related to environmental law and to produce and disseminate environmental law publications to serve as tools of capacity-building. 81. Among the actions required by this programme area also are to promote the teaching of domestic, international and comparative environmental law in universities and law schools, and to this end, develop teaching materials, including video and other electronic media; and to collaborate with governments and relevant international bodies in facilitating educational programmes in environmental law at the national and regional levels and to strengthen coordination among relevant international organizations and institutions, including those that provide financing, on educational projects and programmes related to environmental law, its implementation and enforcement and the underlying causes of environmental damage. 2. Activities carried out, outputs and results
82. The capacity building programme on environmental law has taken steps to reach out to a multitude of legal stakeholders who are involved or who influence environmental law development, implementation, enforcement and strengthening. In the programme the target group goes beyond building capacity of Government officials in developing countries, and includes the judiciary and other legal practitioners in the UNEP Judges Programme for the purpose of strengthening the rule of law, governance and enforcement of environmental law, the Academia, the Civil Society and the public at large. 83. Implementation of the capacity building program on environmental law is undertaken from the headquarters, from the regional offices, and through one of the projects in environmental law the Partnership on the Development of Environmental Law and Institutions in Africa (PADELIA) which
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was developed to mobilize financial resources and partners to implement environmental law objectives with the corresponding results and performance indicators. Implementation of Phase II on the project on “Capacity Building on Environmental Law and Institutions in Africa” increased creation and compliance, with environmental law and strengthened institutional arrangements for implementing environmental policy, in particularly at sub -regional level, all geared towards fulfilling this objective under the approved programme of work. 3. Advisory services and technical assistance for the development and strengthening of domestic environmental legislation, regulations, procedures and institutions
84. UNEP has been working with Governments to develop and strengthen their environmental legislation and institutional regimes for environmental management. UNEP activities ranged from providing advisory services to strengthen legislation and institutional regimes upon request to organiz ing training programs on environmental law and policy and preparing and disseminating environmental law information. Over the years many Governments have received technical assistance from UNEP and have taken steps to develop and strengthen their national environmental legislation and institutions. 85. UNEP continued to provide technical assistance and capacity building for development and for strengthening the legal and institutional framework in response to requests from Government to develop and strengthen their national legislation, regulations and procedures. UNEP responded to requests for technical assistance in the area of national legislation and institutions from 30 developing countries for development and/or strengthening of national legislation and institutions. The countries that made progress from 2000 to 2004 period included Chad, Oman, Niger (implementing legislation), Ghana (completed), Rwanda (ongoing), Antigua and Barbuda (ongoing), Peru (ongoing), Togo (ongoing), while in Liberia (ongoing). The new requests UNEP received and responded to were from Central African Republic (ongoing), Djibouti (ongoing), Republic of Congo (ongoing); Gabon (ongoing), Indonesia (ongoing), Kazakhstan (ongoing), Grenada (ongoing), Suriname (complete), Mexico (complete) Mauritania, and countries under the PADELIA project which now cover thirteen African countries. 86. UNEP introduced and promoted a multi-stakeholder (Government, private sector, academia, civil society) consultative and participatory process for the development of legislative and institutional policies laws and regulations for environment and development in four (4) countries (Myanmar, Lao PDR, Brunei and Indonesia) in Asia, and either assisted, or in the process of assisting in developing their national legislation for environmental management, including sectoral legislation, such as water, land and natural resource management. 87. Capacity building needs differ from country to country therefore UNEP undertakes needs assessment missions to the countries and commissions reports by local experts on the review of national legislation and institutions including the status of implementation of international treaties related to the environment to determine the nature of the problems of compliance in the country. Having ascertained the needs of the country UNEP supports National Legal Task Forces in the countries who are entrusted with developing and or strengthening legislation in the country with the assistance of UNEP or a UNEP supported consultant. Since it is important that the process of developing legislation be participatory in nature through the technical assistance programme UNEP supports consensus building workshops to gather views of stakeholders in the draft law, implementing regulations or rules of procedures that are being developed or strengthened. 88. Results and outputs from the technical assistance activities of UNEP in this period include: · the drafting of framework laws on environmental law, implementing regulations, sectoral laws, the rules of procedure for a Tribunal developed under the framework law; · strengthening laws and regulations for environmental management; · streamlining coordination in environmental management by strengthening institutional regimes through legislation; · the drafting of national legislation to implement environmental conventions; · reports on review of national legislation and institutions of the countries; · needs assessment reports; · reports of the task forces; and · reports of consensus building workshops.
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89. The capacity building program in environmental law is planned and managed by UNEP and delivered nationally, in a way that responds to the specific needs of each country, using sub-regional approaches, as necessary, to optimise cost-effectiveness and efficiency. In the implementation of the program the out -posted Legal Officers that are based in Mexico, Thailand, Geneva, Bahrain, are engaged and they work with legal officers in the Headquarters in Nairobi, to ensure that the respective region-specific considerations are adequately incorporated in the program of work. 4. Training programmes, seminars, workshops and exchange programmes for government officials, the judiciary, the legal profession and others concerned, on environmental law and policy, including on the implementation of international environmental instruments
90. Training of national legal experts constitutes a major component of capacity building in the field of environmental law. To enhance the capacity building of developing countries in environmental law, UNEP organizes global, regional and national training programs and workshops in the field of environmental law and policy. The objective of the training program is to strengthen the capacity of participants in their understanding of environmental law and how to apply it in their work. From 2000 to 2004 UNEP organized various kinds of training programmes, seminars and Symposia at the global, regional and national level that covered a broad range of subjects in environmental law and policy. 91. The training programmes were organized for different kinds of capacity building, some were aimed at building the capacity of decision-makers in the Government to implement environmental law and to enhance their participation in environmental forums and negotiation meetings. UNEP also organized training programs and meetings aimed at reaching out to the Academia to enhance teaching of environmental law in institutions of higher learning and to disseminate publications in environmental law for learning purposes. 92. The judiciary, parliamentarians, the civil society and legal practitioners such as state attorneys, advocates and other related legal stakeholders are also targeted to enhance access to justice and environmental law making skills through building capacity by sensitising them in environmental law issues and in issues relating to sustainable development. Publications both for reference, sharing experiences and for training materials were also prepared and disseminated to various users as tools for capacity building. To meet the demonstrated need in several Asian countries for UNEP’s Environmental Law publications in their national languages, UNEP translated and published or is in the process of publishing the UNEP Training Manual on Environmental Law into Chinese Language and the UNEP Compendium of Summaries of Environmental Law Cases to four languages (Thai, Laotian, Khemer, and Vietnamese) 93. In all the training programs that were conducted, at the end of the program the evaluation forms indicated that the participants have demonstrated understanding of national and international environmental legal issues and how to handle them in areas such as negotiation, ratification and implementation of environmental agreements. The following are examples of training programmes that took place from 2000 to 2004.
Training Programmes Beneficiary countries/ Output Fifth Global Training Programme on Environmental 50 participants trained. Report of the meeting. Law and Policy (November-December 2001) Legal Experts Meeting to enhance the application of 45 participants trained. Recommendations to enhance Rio Principle 10 in Africa (June 2003). application of Rio Principle 10 and the report of the meeting. ESCAP/UNEP training Workshop on MEAs on 45 Participants. Report available on CD ROM. Biodiversity and Natural Resources, Bangkok, Thailand (27-31 October 2003). Sixth Global Training Programme on Environmental 54 participants trained. Training materials in report of Law and Policy (November-December 2003) the meeting UNEP/University of Kaga wa Annual Symposium on 10 participants from Asia were sponsored by UNEP to Environmental Law (December 2003) attend the training program. Regional Training Programme on Environmental 40 Participants from Asia and Pacific trained Law and Policy, Tianjin (August 2004) University of Joensuu- UNEP Course on 36 participants from both developed and developing
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International Environmental Law Making and countries were trained in International Negotiation Diplomacy (August/September 2004) Training Course in Legislative Drafting Techniques 35 Government officials including State Attorneys and skills in environmental law in Africa, Arusha, 19 responsible for drafting legislation in their respective October-29 October 2004 countries participated. Training organized by the PADELIA project. Spanish Speaking Training Programme in 40 participants from Spanish speaking countries, Environmental Law and Policy (6-11 December including participants from the Equitorial Guinea 2004) National Workshop for Environmental Law National Workshop for Cambodia Enforcement for Environmental Park Rangers, Prosecutors and Judges; Phnom Pehn, 11-12 March 2004. National Workshop on Enforcement of National Workshop for Cambodia Environmental Pollution Legislation 6-7 September 2004,
5. Sub-regional and National Capacity Building Programme for Judges
94. Formulation of National Judges Capacity Building Plans, through nine regional/sub-regional Needs-Assessment and Planning Meetings of Chief Justices, were held in 2003/2004. Such meetings were organized for the following regions: Africa (four meetings for Southern Africa, Eastern & Central Africa, Arab states of Africa and West Asia and Francophone African countries) Asia, the Mekong region, Latin America, the Caribbean, Eastern Europe, Caucasus and Central Asia, and the Pacific. 95. As part of the implementation of the capacity building of judges in pursuance of UNEP Governing Council decision 22/17IIA UNEP has finalized the development of a set of training and reference materials for judges and will embark on a series of train the trainers programs as well as national training programs and in supporting the translation of UNEP materials in local languages for wider dissemination. 96. UNEP intends to carry out, in accordance with the agreed national capacity building plans in collaboration with its partner agencies, appropriate national capacity building activities in developing countries and countries with economies in transition, under the direction and guidance of the respective judiciaries. Actions undertaken pursuant to GC 22/17/11A on the Capacity Building of Judges and Other Legal Stakeholders are set out in the table below:
Sub-Regional Chief Justices Needs Participating countries Outcome Assessment Meetings/venue NIS & Eastern Europe Lviv, Hungary, May Armenia, Azerbaijan, Belarus, Lviv Statement, National 15-16 2003 Bulgaria, Georgia, Kazakhstan, and Regional capacity Kyrgyzstan, Moldova, Tajikistan, building Programmes Ukraine, Uzbekistan Mekong, Bangkok, Thailand, 17-18 June Cambodia, Lao PDR, Myanmar, Mekong Statement, 2003 Thailand, Vietnam Regional and National Capacity Building Programmes Latin America, Buenos Aires, Argentina, Argentina, Brazil, Bolivia, Chile, Buenos Aires Statement and 23-25 September 2003 Colombia, Ecuador, Guatemala, Regional Capacity Building Honduras, Mexico, Nicaragua, Programme Panama, Paraguay, Peru, Uruguay Anglophone in Eastern and Western Africa, Eritrea, Ethiopia, Ghana, Kenya, Nairobi Statement, National Nairobi, Kenya, 10-11 October 2003 Liberia, Nigeria, Sierra Leone, Capacity Building Tanzania, The Gambia, Uganda Programmes Southern Africa, Johannesburg, South Angola, Botswana, Lesotho, Johannesburg Statement, Africa, 10-11 December 2003, Malawi, Mozambique, Namibia, National and Regional Seychelles, South Africa, Capacity, Building Swaziland, Tanzania, Uganda, Programme. Establishment
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Zambia, Zimbabwe, of Southern African Judges Commission Pacific, Auckland, New Zealand, 13-18 Cook Islands, Fiji, Kiribati, Pacific Statement, National December 2003 Micronesia, Mauru, Niue , Palau, Capacity building Papua New Guinea, Samoa, Programme, Establishment Solomon Islands, Tonga, Tuvalu, of the Pacific Island. Judges Vanuatu. Committee on Environmental Law European Judges Meeting, Luxembourg, 26 France, United Kingdom, Belgium, Establishment of European April 2004 Italy, Slovenia, Sweden, Denmark, Union Judges Forum on Greece, Portugal, Ireland, Environment Lithuania, Romania, Turkey, Norway, European Commission representative. Arab Chief Justices Needs Assessment and Bahrain, Egypt, Djibouti, Iraq, Cairo Statement, National Planning Meeting, 29-31 May 2004, Cairo, Jordan, Lebanon, Libya, Oman, Capacity Building Egypt Palestine, Qatar, Sudan, Tunisia, Programmes, Establishment United Arab Emirates, of the Arab Judges Union Caribbean Chief Justices Needs Assessment Bahamas, Barbados, Belize, Jamaica Statement, and Planning Meeting, 11-12 June 2004, Guyana, Jamaica, Suriname, Subregional and National Trelawny, Jamaica Trinidad and Tobago & the Capacity Building countries of the Organization of Programmes. Eastern Caribbean States (Antigua and Barbuda, Dominica, Grenada, Saint Kitts and Nevis, Saint Lucia, Saint Vincent & the Grenadines) National Training Programmes Tanzania High Court 35 Tanzanian Judges Trained 35 Judges trained and sensitised on Judges National environmental law issues Symposium on Environmental Law, Arusha, June 2003 Judicial Symposium on 29 Ugandan Judges and Magistrates trained Training and sensitisation of members Environmental Law and of the Judiciary on environmental law Practice at Botanical Beach Hotel, Entebbe, Uganda, 11-14 May 2003; Magistrates Training Symposium on Environmental Law and Practice, Entebbe, 30 Nov – 3 Dec 2003. South Africa National 25 Judges were trained Training and sensitisation of members Judges Training of the Judiciary on environmental law Programme Vietnam National Judges 60 Judges trained Training and sensitisation of members Training Programme (6-7 of the Judiciary on environmental law May 2004, Hanoi, Vietnam) Cambodia National 45 Judges trained Training and sensitisation of members Judges Training of the Judiciary on environmental law Programme Phnom Penh, 10-11 May 2004 Lao PDR National Judges 30 Judges trained Training and sensitisation of members Workshop on of the Judiciary on environmental law Environmental Law (2003) Regional Conference on Judges from the Arab countries Chief Justices and Senior Judges from the Role of the Judiciary participat ed. The meeting was organized by Arab countries were sensitized on in the Development of UNEP, IUCN and ARCEL. environmental issues.
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Environmental law in the Arab region. (26-28 Oct 2002, Kuwait) Training for Legal Practitioners, (advocates, prosecutors, state attorneys etc.) Symposium of Kenya, Uganda and Tanzania Training and sensitization of legal environmental law for practitioners who bring cases to court. Kenyan legal Practitioners (advocates), Nakuru, Kenya, 5-7 February 2004
Activities organized by other institutions where UNEP has contributed its expertise Asian Justices Forum on 70 Judges from Thailand were trained Training and sensitization of members the Environment, organized by USAEP of the Judiciary Bangkok, Thailand, 18- 19 November 2003 Regional Symposium on 25 Judges from East Asia: China, Japan, Training and sensitization of members the Role of the Judiciary Philippines, Indonesia, Thailand and of the Judiciary in Promoting Sustainable Vietnam were trained. (Co -organized with Development, Bangkok, the World Bank Institute (WBI) Thailand , 21-23 June 2004 South Asian Judicial 25 Judges from Bangladesh, India, Nepal, Training and sensitization of members Interaction on Pakistan, and Sri Lanka were trained of the Judiciary Environmental Justice (organized by Forum of Justice of Nepal) and Equity, Kathmandu, Nepal, 24-25 June 2004 Symposium on 50 Judges participated the meeting was Judges from Europe and those Environmental Law for organized by the Italian Council of the representing other regions of the Judges on the Role of the Judiciary, in collaboration with UNEP and world were sensitized Judiciary in IUCN. Implementation and Enforcement of Environmental Law, Rome Italy, 9-10 May 2003. First International The meeting was convened by the Judges were sensitized on Conference on Patagonian Forum of Superior Tribunals of environmental law issues Environmental Law held Justice and the Superior Tribunal of Justice in El Calafate, Argentina of the Santa Cruz Province. UNEP on 23-24 April 2004. /ROLAC participated as resource person and supported the organization of the meeting National Meeting of UNEP/ROLAC collaborated in the On this occasion the Permanent Argentinean Federal organization of the meeting and participated Environmental Forum of Argentinean Judges on Sustainable as resource person. Federal Judges was founded Development, held in Villa la Angostura, Argentina on 25-27 September 2003. National Symposium UNEP/ROLAC supported the organization Judges, Government officials and “Sustainable of the Symposium. The Symposium Parliamentarians from Trinidad and Development, A Legal convened representatives from all sectors of Tobago were sensitized in Perspective” which was society and from the judiciary, legislative environmental law issues. organized by the and executive branches of that country. Environmental Commission (Superior Court Record) of Trinidad and Tobago on May 7, 2003. First Central America, Approximately 120 judges and prosecutors The event aimed to raise the
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Panama and Belize attended the meeting. The Attorney awareness of the region's judges and Meeting on Generals from the seven Central American prosecutors of the importance of Environmental Justice in countries also participated in the event and environmental laws in an expectation the Framework of the signed an agreement where they committed that future environmental cases would Criminal Procedural themselves to strengthen their cooperation receive greater consideration by the System. Supported and on environmental cases by supporting the Central American legal system. co-organized by Network of Environmental Prosecutors. UNEP/ROLAC and held in Tegucigalpa, Honduras, on 14-15 November 2002. Publications and Training Materials for the Judges Programme Judges Handbook on Prepared with Judges for the Judiciary. Ready for publication in second half Environmental Law 2004 Handbook on This is a source book of international Ready for publication in second half Environmental Law environmental legal agreements 2004 Training Manual on Training Materials covering different Ready for publication in second half Environmental Law subjects of international and national 2004 environmental law “Resúmenes de Summaries of cases UNEP/ROLAC Environmental Law Sentencias Judiciales en Documents Series, No. 11, August Material Ambiental – 2003. Pronunciadas por Órganos Jurisdiccionales de países de América Latina (Summaries of Judicial Decisions on Environmental Matters – Adopted by the Judiciaries of Latin American countries). By Justice Neófito López Ramos.
“La Responsabilidad por Reference book UNEP/ROLAC Environmental Law el Daño Ambiental en Documents Series, No. 12, December América Latina” 2003. (Liability for Environmental Damage in Latin America). By Dr. José Juan González Márquez. 1. A Casebook on Case book Published Environmental Law for Practitioners and Judicial Officers in Uganda; and 2. Handbook on the Law and practice book Practice of Environmental Law in Uganda Compendium of cases, Case book Published Vol. III, Supplement to Vol. 1, 1996 Texts of documents on Summary of cases book relating to Ready for publication in second half environmental law environmental law. 2004 including summary of cases publication
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6. Publications and online information as tools for capacity building for different stakeholders;
97. The following are examples of publications and training materials developed and disseminated from 2000 to 2004 both in hard copy and in electronic version, including in CD ROM, Video.
Publications/electronic including online Status of publication or online information. environmental law information/ Power point and multimedia information Judges Handbook on Environmental Law Published 2004 Revised UNEP Training Manual in Environmental Published 2004 Law Revised UNEP Handbook of Environmental Law Published 2004 (International Law); Compendia of summaries of Judgements in Published 2004 environment related cases from the world UNEP Bulletin on Environmental Law volume Published 2003/2004, also available online in the UNEP produced every six months website. Draft Legal Drafters Handbook on Sustainable Use of Published 2004 Freshwater resources Texts of Selected Documents, reference materials Published 2003 national legislation volume 1 Texts of Selected Documents, reference materials Published 2003 national legislation volume II Report of the Rio Principle 10 Meeting Published 2004
A Report on Models of National Legislation, Policy Published 2002 and Guidelines in the African region, Asia and Pacific region, and the Latin America and Caribbean region (Law and Practice relating to Access to Information, Public Participation in decision making and Access to Justice) Report of the Judicial Symposium on Environmental Published 2003 Law and Practice in Uganda, Entebbe, 11-14 May 2003 Report of the Magistrates Training Symposium on Published 2004 Environmental Law and Practice, Entebbe, 30 November to 3 December 2003 A Simplified Version of Environmental Laws in Published 2004 Uganda A Casebook on Environmental Law for Practitioners Published 2004 and Judicial Officers in Uganda A Handbook on Environmental Law for Practitioners Published 2004 and Judicial Officers in Uganda Rules of Procedure for an Environmental Tribunal: Published 2003 With a focus on the National Environment Tribunal in Kenya Report on National Environmental Tribunal Consensus Building Workshop on Developing the Rules and Procedure of the Tribunal, Nairobi, 16 th, 17 th and 23rd April, 2003 Environmental (Impact Assessment and Audit) Published 2003 Regulations No. 56 of June 2003 PADELIA Paper entitled: “A Review of Partnership for the Development of Environmental Laws and Institutions in Africa (PADELIA)”
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PADELIA Paper entitled: “Development and Published 2003 Harmonisation of Cross-Boarder Environmental Law and Institutional Issues – The Experience of East African Sub-regional Project under PADELIA” UNEP Compendium of Summaries of Judicial Published 2002 Decisions in Environment Related Cases, Policy Series number 4 UNEP Environmental Law Website Launched 2004, visible at www.unep.org/dpdl A judgements portal on environmental law accessible Visible at www.ecolex.org through the ECOLEX website http://www.ecolex.org/TR will enable judges from around the world to upload environment related judgements, there furthering the development of jurisprudence in this field. Legal Regime for Bio-safety in Latin America Under preparation to be finalised for publication in 2005 Suite of Power Point/ Multimedia Training Prepared 2003/2004 Presentations on selected subjects
7. Promote and strengthen the teaching of domestic, international and comparative environmental law in universities and law schools
98. The work of UNEP as it relates to promoting and strengthening the teaching of national and international environmental law has included providing expertise and supporting the processes relating to development of curriculum in environmental law; disseminating UNEP environmental law publications to institutions of higher learning, developing and dissemination of teaching materials for teaching a nd for reference in electronic format or hard copy to institutions of higher learning; and to strengthen partnership with others and to collaborate with governments and relevant international bodies in facilitating educational programmes in environmental l aw at the national and regional levels. 99. In this regard, recently UNEP in collaboration with the Environmental Law Foundation through what is referred to as the LIFE Project is supporting the dissemination of law publications from Europe to the Universities of developing countries. 100. UNEP has also been a co-sponsor of two IUCN Academy Colloqia in Shanghai (2003) and Nairobi (October 2004) which were gatherings of academicians from various countries with the aim of focussing on thematic issues, the 2003 Shanghai, Colloquim focussed on energy issues while the Nairobi Colloquium in 2004 focused on land use issues respectively. 101. The following is an account of UNEP activities between 2000-2004 on development of environmental law curriculum for faculty of laws in higher learning institutions:-.
Supporting Processes for the Development of Outcome Curriculum Nigeria – A Consensus building workshop both to Lecturers from different Universities of Nigeria review the National Compedia of Environmental laws participated as well as Ministry of Education Officials of Nigeria prepared for the purpose of streamlining and Ministry of Environment Officials. federal and state legislation and to discuss and approve the curriculum that was developed by a consultant under the UNEP/FAO project on streamlining environmental law and agricultural practices was organized in 17-18 October 2002, in Kaduna, Nigeria. Regional Workshop on Developing Environmental Lecturers from the Arab world and North Africa were Law Curricula For Experts from Countries in West encouraged to enhance and/or introduce environmental Asia was held from 6-7 November 2001, and another law courses at the Universities. one from March 26-27, 2002 and another one on Development of Environmental Law Curriculum was held in Kuwait from 14-15 February 2004 (Bahrain, Kuwait, Jordan and Egypt participated).
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Symposium of Environmental Law Lecturers of 35 Lecturers participated. Symposium organized under Africa, Nakuru, Kenya, September/October 2004 the PADELIA project. UNEP is working with Mozambique to develop an Work on curriculum development is still ongoing environmental law course at the Faculty of Law of the University of Eduardo Mondlane under the PADELIA project.
8. Promotion of Environmental Law
102. UNEP has been promoting environmental law through preparation and dissemination of information through the Bulletin, the Environmental Law Year book and UNEP Annual Reports. Brochures, posters, booklets and publications have also been used to promote environmental law. The Environmental Law Website is another source of valuable information, which is a tool for promoting environmental law. Electronic information such as CD ROM, and online environmental law information such as that provided by the UNEP/IUCN/FAO Joint Environmental Law Information Service (ECOLEX) also serve to promote environmental law. 103. Training programmes targeting different kinds of stakeholders at the global, regional and international level also have been a source of promotion of environmental law. Information documents given in response to decisions of the UNEP Governing Council and the Global Ministerial Environmental Forum (GMEF) also serve to promote environmental law. The Development of National Environmental Law Information Databases in some 20 countries in Africa that is financially supported by the United Nations Development Account will also promote environmental law in developing countries. 9. Building capacity for effective participation in the negotiation, ratification ,& implementati on of environment agreements and protocols through training programmes and workshops.
104. Building Capacity for effective participation in the negotiation, ratification and implementation is part of the focus of the training programs and workshops organized by UNEP. The Fifth and Sixth Global Training Program on Environmental Law and Policy, for example, schedules time in the program for developing skills for negotiating environmental agreements. Through presentations by resource persons and an interactive m ethodology that used simulation exercises the participants were exposed to the art of negotiation of environmental law agreements. In the same training program participants are informed of the status of their participation as they discuss different MEAs and the modalities for implementation of the MEAs. This is also part of the many regional training programs organized by UNEP to cover environmental law issues generally or those that are organized to cover particular discreet areas of environmental law. 105. In December 2003 UNEP and the University of Kagawa organized the first Annual Symposium on Environmental Law. This exposed participants mainly from the Asian region to Dispute Settlement mechanisms including issues relating to implementation of environmental law and Non-compliance mechanisms developed by environmental conventions. The participants were exposed in aspects of implementation of environmental agreements. 106. In September 2004 UNEP in collaboration with the University of Joensuu in Finland organized a training program on law making and diplomacy specifically for enhancing the role of Governments in negotiation of environmental agreements. This was a two-week training program with thirty participants from both developed and developing countries. At the end of the program the participants from both developed and developing countries demonstrated an understanding of the modalities of law making in international environmental law. 107. The ESCAP/UNEP Training Workshop on MEAs on Biodiversity and Natural Resources, which was held in Bangkok, Thailand, on 27-31 October 2003 for Asia and Pacific countries, is a good example of a training workshop that was organized specifically to inform participants on the importance of ratifying bio-diversity related conventions and the modalities of implementation of the Conventions. In Africa under the PADELIA project, UNEP organized a Workshop on the National Legislation and Institutions for Environmental Disaster Management for 26 national experts from five countries
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(Botswana, Lesotho, Malawi, Mozambique and Swaziland), Maseru, 18-20 February1 and made recommendations to strengthen the legal and institutional framework for national environmental disaster management. 108. National workshops were also used to enhance implementation of environmental law. In Cambodia for example as a response to the Cambodia Government request to convene a workshop on capacity strengthening in environmental law enforcement in the field of prevention of pollution UNEP and the Hans Seidel Foundation which funded the workshop organized the workshop to build capacity in this area of environmental law. 109. The National Workshop on Environmental Policy, Law and Sustainable Development held in Astana, Kazakhstan, 8 – 10 October 2003 was a good example of p artnership between UNEP, UNESCAP and UNDP, that brought together high level policy makers, parliamentarians, lawyers and other officials from ministries and institutions dealing with the environment for the purpose of deliberating on environmental law issues. It was recommended by this workshop that the country undertake environmental law reform to strengthen implementation of legislation and institutions. 110. UNEP has embarked on developing a series of drafters handbook on different sectoral issues relating to environment this range from energy, soil, water both national and international issues, liability an compensation for environmental harm, environmental impact assessment etc. These books will assist legal draftsmen and decision makers in the Government to strengthen their laws for the purpose of implementation of environmental law. The preparation of legal draftsman’s handbooks on Water, Energy and Liability and Compensation for Environmental Harm has already been initiated. 10. Challenges faced
111. Among the challenges UNEP faces in capacity building are lack of or slow response and progress when dealing with countries in technical assistance. There is a lot to be done, for example, in developing publications, organizing training programs. However, within UNEP resource constraint is in an impediment. 112. Specific challenges have been faced in implementing the PADELIA project. PADELIA is a country -driven and highly participatory project fulfilling the programme area objective through the operation of the concept of capacity building by using nationals as experts and consultants to undertake the execution of project activities and coaching them to identify problems requiring legal intervention. They prepare legal reports and draft environmental laws. The concept further ensures that all outputs of the Project are reviewed by a participatory and consensus building workshops so as to enhance acceptability and national ownership of the products. This mechanism creates and builds in national knowledge base necessary for the enforcement of the laws developed and ability to develop and undertake similar activities in future independently hence will guarantees sustainability when the project ends. However, despite the good intentions and objective to ensure sustainability of the project, the main challenge of the project is the slow pace at which national activities are executed at national level, especially, by the newcomers (either new project countries or new National Project Coordinators). 113. The new environmental in stitutional set up caused by the enactment of the Environmental Management Coordination Act (EMCA) in Kenya which came with it the establishment of the new National Environmental Management Authority (NEMA) caused the Project to await its full establishment and staffing before activities could commence in earnest in Kenya. This has caused delay in the commencement of execution of project activities. NEMA is now fully in place, hence execution of the work plan of activities continues. 114. The project operates on the principle that the Governments involved commit themselves to provide a full time National Project Coordinator (NPC) with a full working office as their contribution in kind. Due to the poor economic conditions faced by many countries in Africa, it h as been difficult for these governments to fulfil this requirement. The result has been that although each project country has appointed a NPC, they are in practice not on full time basis but continue to also carry out their usual responsibilities. This has had the effect of invariably delaying implementation of the project activities
1 The Workshop reviewed and assessed status of existing national environmental disaster management laws and institutional arrangements.
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11. Way forward for the rest of the decade
115. UNEP will intensify capacity building through strengthening and developing legislation and institutional regimes; and in building capacity through training programs and through dissemination of environmental law information targeting different environmental legal stakeholders. UNEP will also work towards enhancing the teaching of environmental law in institutions of higher learning of developing countries.
C. Prevention and Mitigation of Environmental Damage
1. Objective, strategy and main activities
116. The objective of this programme area on prevention and mitigation of environmental damage is to strengthen measures to prevent environmental damage, and to mitigate such damage when it occurs. The strategy for achieving the objective is to promote the development and application of policies and measures to prevent environmental damage and mitigate such damage by means, inter alia, of restoration or redress, including compensation, where appropriate. 117. The activities outlined include: · to promote, where appropriate, efforts by States to develop and adopt minimum international standards at high levels of protection and best practice standards for the prevention and mitigation of environmental damage; · to conduct studies, with the consent and cooperation of the States concerned, on the effectiveness of existing regimes of civil liability as a means of preventing environmentally harmful activities and mitigating environmental damage, and provide expertise to States to enhance the effectiveness of such regimes; · to conduct studies, with the consent and cooperation of the States concerned, on the adequacy and effectiveness of ways and means of providing compensation, remediation, replacement and restoration for environmental damage, including methods of valuation, and encourage efforts by States to develop and adopt standard environmental economic valuation tools and techniques for such valuation; · support the development by States of processes and procedures for victims and potential victims of environmentally harmful activities, regardless of their nationality, to ensure appropriate access to justice; as well as to provide appropriate redress, including the possibility of compensation, inter alia, through insurance and compensation funds; to promote collaboration among governments, international organizations and civil society in strengthening regimes for prevention and mitigation of environmental damage; and lastly · to assist developing countries, in particular the least developed among them, and countries with economies in transition in the development and application of legislative, administrative and institutional mechanisms for implementing international instruments and domestic policies relating to prevention and mitigation of environmental damage.
2. Activities carried out, outputs and results
118. Through its technical assistance and training programmes UNEP has frequently addressed issues relating to the legal aspects of prevention and mitigation of environmental damage, including the adoption of minimum international standards. Studies relating to liability are underway, including a legal study on the effectiveness of current liability regimes as compared to risk management application of the polluter-pays-principle and life cycle economy. 3. Challenges faced
119. Shortage of staff time to address this program area adequately thus affecting meaningful progress in this program area. 4. Way forward for the rest of the decade
120. The rest of the decade should expect actions in this area including undertaking studies that are pending.
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D. Avoidance and settlement of international environmental disputes
1. Objective, strategy and main activities
121. The objective of the avoidance and settlement of international environmental disputes programme area is to improve the effectiveness of measures and methods for avoiding and settling international environmental disputes. The strategy for achieving this objective is to develop and promote new and existing means for avoiding environmental disputes and, where such avoidance is not possible, for their peaceful settlement. 122. This programme area has a number of key activities. With respect to the avoidance of environmental disputes, the actions envisaged include: · to encourage States to regularly exchange environmental data and information; to assess transboundary environmental impacts of planned activities; · to undertake early notification and consultation concerning planned activities that may have significant adverse impacts in other States or in areas beyond the limits of national jurisdiction; · to undertake monitoring, fact-finding, reporting and other means and procedures for verifying compliance and addressing non-compliance; · to consider, as appropriate, innovative approaches to dispute avoidance, such as the use of third-party neutrals to facilitate open and complete information exchange, particularly among parties with differing levels of technical expertise.
123. With respect to the settlement of environmental disputes:
· to study the actual and potential facilitative role of international bodies and agencies in the settlement of environmental disputes, including, where appropriate, through environmental ombudsmen; · to study exp erience regarding dispute settlement provisions of international environmental agreements in order to assess the effectiveness of those provisions; · to identify the most effective mechanisms for settling environmental disputes; · to facilitate the use of expert opinions, as appropriate, for settling environmental disputes; · and to promote innovative approaches and mechanisms for settling environmental disputes.
124. Included among other actions outlined in this programme area are to study the experience gained in the operation of dispute settlement mechanisms in other fields of international law; as well as to examine the relationship between dispute settlement systems in international environmental agreements and those in other international regimes, including regi mes relating to trade and investment; and lastly to provide training in rules and procedures concerning environmental dispute avoidance and settlement for government officials and the legal profession, including the judiciary. 2. Activities carried out, outputs and results
125. The main activity which was undertaken in this programme area is to publish a study made by a group of experts on Dispute Avoidance and Dispute Settlement in International Environmental Law which is a compilation of documents which has been disseminated widely to inform legal stakeholders of the existing dispute settlement mechanisms including non compliance mechanisms and their application and effectiveness. This publication also covers issues relating to mechanisms that MEAs have developed such as reporting mechanisms to follow up on compliance with and enforcement of MEAs. 126. Through the Global and Regional Training Programs such as the UNEP/University of Kagawa Annual Symposium issues relating to dispute avoidance and dispute settlement in environmental law are part of the training programme intended to inform participants on the different mechanisms available in this area and their application and effectiveness.
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127. The UNEP Training Manual on Environmental Law addresses different mechanisms developed for both avoidance and settlement of international environmental disputes. The UNEP Handbook on Environmental Law, which is available in hard copy as well as in the UNEP Environmental Law Website electronically also, is a good source of information when one wants to find out the existing dispute settlement mechanisms available in MEAs. 128. The Handbooks for the Implementation of Conventions such as that published by the Ozone Secretariat provides for Non compliance Mechanisms including the full procedures and the institutions developed to handle Non compliance issues. 129. As UNEP provides legal support in negotiation or in conference of the parties of global and regional environmental conventions particularly in matters, which involve shared resources, it has been advising Governments on the importance of notification and sharing of information as a way of avoiding disputes and keeping each other informed on matters that can affect areas beyond each others jurisdiction. 3. Way forward for the rest of the decade
130. Through training programmes and other UNEP activities such as in providing legal support and technical assistance to Governments UNEP will continue informing Governments on ways of avoiding and settling environmental disputes.
E. Strengthening and development of international environmental law
1. Objective, strategy and main activities
131. The objective of the ‘strengthening and development of international environmental law’ topic in the Montevideo Programme III is to strengthen and further develop international environmental law, building on the existing foundations. To achieve this objective the strategy is to encourage international action to address gaps and weaknesses in existing international environmental law and to respond to new environment al challenges. The main activities envisaged by this programme area include: · to undertake assessments of existing and emerging challenges to the environment in order to identify gaps and weaknesses, including inter-linkages and cross-cutting issues, in international environmental law and specify the role it should play in responding to those challenges; · to develop criteria for determining the need for and feasibility of new international environmental instruments, taking into account existing instruments and practice; · to review the application of the principles contained in the 1972 Stockholm Declaration of the United Nations Conference on the Human Environment and the 1992 Rio Declaration on Environment and Development, identify the extent to which they are applied internationally and disseminate the resulting information to States; · to examine other fields of international law for the purpose of identifying emerging concepts, principles and practices relevant to the development and implementation of environmental law; · to assist governments, particularly those of developing countries, and in particular the least developed among them, and countries with economies in transition, in the development of bilateral, regional and global legal instruments in the field of the environment, involving for this purpose the expertise and experience of all concerned; · to strengthen collaboration within the United Nations system as well as with other intergovernmental bodies in their work on the development of instruments relevant to the environment and, in particular, encourage, where appropriate, the integration of sustainable development in those instruments; · to encourage efforts by academics and researchers towards better organization of international environmental law, start ing with its compilation as a possible step towards codification.
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2. Activities carried out, outputs and results
Undertake assessments of existing and emerging challenges to the environment to identify gaps and weaknesses, including links and crosscu tting issues, in international environmental law and specify the role it should play in responding to those challenges
132. Undertaking assessments of existing and emerging environmental challenges in international environmental law is part of the work of UNEP . The program of work will always include studies, and with time there has been instances where the studies have developed norms in the form of soft law and or international agreements. For example in July 1999 UNEP in collaboration with convention secretariats and other stakeholders organized a workshop on enforcement of and compliance with MEAs to deliberate on the problems of enforcement of and compliance with MEAs focusing on the Montreal Protocol on Substances that Deplete the Ozone Layer, the CITES Convention and the Basel Convention. In response to this workshop an intergovernmental process was initiated whose work culminated in the adoption of the UNEP Guidelines on Enforcement of and Compliance with MEAs. 133. In the same way of assessing the problem at hand relating to haze through studies, UNEP provided legal support to the development of the ASEAN Haze Agreement in the Asian region to curb trans-boundary air pollution and is still providing legal advise on the implementation of the same. The UNEP Regional Seas Programs such as that covering the Eastern African countries in response to reports on the severity of the land based sources of pollution have decided to adopt a particular protocol to address this problem in their region. The decision to negotiate a protocol was because of assessment reports showing that the particular problem is specific to the region and therefore is of concern and should be addressed by adopting a protocol. 134. The legal support that UNEP has been providing to the development of the Chemical Conventions on the Prior Informed Consent Procedure and an the Convention on Persistent Organic Pollutants have borrowed a lot in developing standards and regulations from Conventions covering similar hazardous issues such as the Basel Convention on Trans-boundary Movement of Hazardous Waste. To develop criteria for determining the need for and feasibility of new international environmental instruments, taking into account existing instruments and practice
135. Taking into account an existing regional instrument and the need to enhance the application of Principle 10 of the Rio Declaration for the purpose of strengthening environmental law UNEP was mandated by UNEP Governing Council 22/17 to determine the need for an international instrument relating to Principle 10 of the Rio Declaration. In response to this survey countries have declared their interest for developing an international legal instrument on access to information, public participation in decision-making and access to justice this will be reported to the next Session of the Governing Council. 136. The criteria set by the Governing Council for determining the need for and feasibility of a new international environmental instruments on access to information, public participation in decision- making and access to justice was preferably through an intergovernmental process in fact the decision had provision for requesting donor Governments to support this process but since UNEP did not have an opportunity of organizing an intergovernmental forum specifically to address this issue UNEP used and is still using other meetings to get the views of Governments on this issue. To review the application of the principles contained in the 1972 Stockholm Declaration of the United Nations Conference on the Human Environment and the 1992 Rio Declaration on Environment and Development, identify the extent to which they are applied internationally and disseminate the resulting information to States;
137. UNEP undertook a study to review the application of the 1992 Rio Declaration on Environment and Development in the Asia Pacific Region for the purpose of disseminating the resulting information to States, the study is yet to be published but arrangements will be made to publish it and circulate it on hard copy and on electronic format. UNEP has also undertaken studies on the application and effectiveness of particular sections of the Rio Declaration these include studies on the precautionary principle, and studies on Principle 10 of the Rio Declaration, which relates to access to information public participation and access to justice in environmental matters.
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To examine other fields of international law for the purpose of identifying emerging concepts, principles and practices relevant to the development and implementation of environmental law
138. Using experts meeting UNEP has been examining other fields of international law for the purpose of identifying emerging concepts, principles and practices. A good example is the issue of liability and compensation for environmental harm where UNEP through studies and experts meetings intends to develop the concept with a view to developing and to enhancing the implementation of environmental law. To assist governments, particularly those of developing countries, and in particular the least developed among them, and countries with economies in transition, in the development of bilateral, regional and global legal instruments in the field of the environment, involving for this purpose the expertise and experience of all concerned
139. UNEP through its global and regional training programs and particular training programs like the UNEP/Joensuu International Law Making and Diplomacy Course that was held from 22 August to 3 September 2004 assists Governments to strengthen their capacity to develop international environmental legal instruments. In meetings of the parties as well as intergovernmental negotiating committee meetings to develop international legal instruments UNEP provides legal advise in the course of the meetings. To strengthen collaboration within the United Nations system as well as with other intergovernmental bodies in their work on the development of instruments relevant to the environment and, in particular, encourage, where appropriate, the integration of sustainable development in those instruments; to encourage efforts by academics and researchers towards better organization of international environmental law, starting with its compilation as a possible step towards codification.
140. UNEP works in partnership with other organizations within the UN system as well as with other intergovernmental bodies in their work on development of instruments relevant to the environment. UNEP recently constituted an Academic Contact Group, a group of Environmental Law Professors from around the world and will encourage their efforts through academics and research towards better organisation of international environmental law. 3. Way forward for the rest of the decade
141. UNEP will continue providing the necessary support in strengthening and in development of international environmental law and will collaborate with partners including the Academia towards better organization of international environmental law. F. Harmonization and coordination
1. Objective, strategy and main activities
142. The objective of the ‘harmonization and co-ordination programme' area is to promote, where appropriate, harmonized approaches to the development and implementation of environmental law and encourage co-ordination of relevant institutions. The Strategy for achieving this objective is to promote domestic, regional and global actions towards the development and application of appropriate harmonized approaches to environmental law and encourage coherence and co-ordination of international environmental law and institutions. 143. The actions envisaged by this programme area include to assist States to undertake three activities namely to improve progressively their environmental standards on a global or regional level; to promote coherence between environmental law and other laws, both at domestic and international levels, to ensure that they are mutually supportive and complementary; to study the ways in which developing countries have integrated environmental policy into their governmental processes and advise governments on this subject. Other activities in this programme area are to conduct studies on the legal aspects of, obstacles to and opportunities for consolidating and rationalizing the implementation of MEAs, so as to avoid duplication of their work and functions; and to improve ways of harmonizing and otherwise rationalizing the reporting obligations in MEAs.
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2. Activities carried out, outputs and results
Assisting Governments to improve progressively their environmental standards on a global or regional level
144. In providing technical assistance to strengthen the legal and institutional framework for environmental management, UNEP has been working with Governments through providing advisory services and building capacity to develop legislation and institutional regimes using national task forces. The first step of the technical assistance is usually to assess needs of the country as they relate to the adequacy of laws and institutional regimes, and than a review of existing legislation is usually done to determine the gaps and areas that may be strengthened to improve their environmental standards in accordance with prevailing standards at the global and regional level. 145. The drafting of legislation is undertaken by national experts to retain capacity after the technical assistance programme. That is how UNEP has been assisting Governments to harmonize their legislation with international standards. An example is the work of UNEP under the PADELIA project, in this case the development of Draft Regulations on Environmental Inspection; Environmental Standards; Environmental Crimes; and Guidelines for Management of Protected Areas for Mozambique and the preparation of the Draft Regulations related to Hazardous Wastes Management; Prevention of Marine and Coastal Pollution, and Physical Planning of Mozambique were both completed in 2004. 146. At the regional level the PADELIA project organized meetings in the East African Region to assist Governments to progressively improve and harmonize their environmental laws including their sectoral environmental legislation. In June 2004, a Meeting of Experts to Review a Study on Development of Framework Laws and to Develop Guidelines for Development of a Model Environmental Framework Law was organized under the PADELIA project . The guidelines will assist Governments to take into account all the important elements required for a framework environmental law when drafting their framework environmental laws. To promote coherence between environmental law and other laws, both at do mestic and international levels, to ensure that they are mutually supportive and complementary;
147. This action is undertaken in the course of providing technical assistance to develop or strengthen environmental law and institutional regimes. When preparing the report of the review of national legislation in a country after the assessment of needs in the technical assistance and advisory services program of UNEP this activity of promoting coherence between environmental laws and other laws, both at the domestic and international level to ensure that they are supportive and complementary is undertaken. To study the ways in which developing countries have integrated environmental policy into their governmental processes and advise governments on this subject.
148. This activity is also undertaken during the process of providing technical assistance and advisory services to Governments to strengthen and or develop environmental legislation and institutional regimes. To conduct studies on the legal aspects of, obstacles to and opportunities for consolidating and rationalizing the implementation of MEAs, so as to avoid duplication of their work and functions; and to improve ways of harmonizing and otherwise rationalizing the reporting obligations in MEAs.
149. UNEP through its Division of Environmental Conventions has already undertaken studies on consolidating and rationalizing implementation of MEAs, including in streamlining the reporting procedures and published some of its findings and pilot studies. But in reality since each of the core MEAs have their own different obligations and do report to different Convention Secretariats and Meeting of the Parties actual co -ordination has not been realised as yet, some work however has been undertaken on the inter-linkages and synergies between Conventions in the course of implementation of MEAs. 3. Way forward for the rest of the decade
150. UNEP will continue to work with Governments to assist them to harmonize their legislation in accordance with standards developed at the regional as well as at the national level.
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G. Public participation and access to information
1. Objective, strategy and main activities
151. The Objective of the area of public participation and access to information is to improve the quality of decision-maki ng in environmental matters through increased transparency, access to information and public participation. The strategy for achieving this objective is to promote and further develop means in law and practice to increase transparency, strengthen access t o information and improve public participation in processes leading to decision-making relating to the environment. 152. The actions envisaged by this programme area include collection, study and dissemination of information on the law and practice relating to access to information, public participation in processes leading to decision-making and access to judicial and administrative proceedings relating to environmental matters and to assist developing countries, and in particular the least developed among them, and countries with economies in transition, in developing means in law and practice to collect and disseminate information concerning the environment; to explore means in law and practice for promoting appropriate public participation in the implementation of, compliance with and enforcement of environmental law. 153. Other actions include reviewing procedures and practices with regard to public participation and access to information at international institutions and in negotiations and other activities related to sustainable development; to organize training on laws and procedures relating to access to environmental information and public participation in processes leading to environmental decision- making and investigating the need for and feasibility of new international instruments on access to information, public participation in processes leading to decision-making and access to judicial and administrative proceedings relating to environmental matters. 2. Activities carried out, outputs and results
Collection, study and dissemination of information on the law and practice relating to access to information, public participation in processes leading to decision -making and access to judicial and administrative proceedings relating to environmental matters
154. Recently UNEP undertook studies on the law and practice relating to access to information, public participation in decision making and access to justice in environmental matters, in pursuance of Governing Council decision 20/4 and decision 21/24. In its decision 20/4, the Governing Council requested the Executive Director in consultation with Governments and relevant international organizations, to seek appropriate ways of building capacity in and enhancing access to environmental information, public participation in decision-making and access to justice in environmental matters. The decision further requested the Executive Director to study in this regard various models of national legislation, policies and guidelines and to report to the Governing Council on the implementation of this decision. UNEP undertook a study of various models of national legislation, policies and guidelines on access to information, public participation in decision making and access to justice in three regions namely Africa, Asia and Pacific and Latin America and the Caribbean and distributed this publication widely. 155. While decision 20/4 requested for a study covering mainly legal instruments at the national level, decision 21/24 on the other hand requested a study on international legal instruments containing provisions on access to information or public participation or access to justice in environmental matters. In this decision, the Governing Council requested the Executive Director to continue to undertake appropriate actions designed to improve public access to information on environmental matters and environmental policy instruments and to promote the development of relevant skills and capacity of the key stakeholders and partners. The Council also requested the Executive Director to present a report on international legal instruments reflecting provisions contained in Principle 10 of the Rio Declaration on Environment and Development including an assessment and evaluation of their actual coverage vis-à- vis Principle 10. The report was presented to the Seventh Special Session of the Governing Council/Global Ministerial Environment Forum held in Cartagena, Colombia in February 2002.
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Assist developing countries, and in particular the least developed among them, and countries w ith economies in transition, in developing means in law and practice to collect and disseminate information concerning the environment;
156. A project on Development of National Legal Databases for Capacity-building to Enhance Access to Environmental Law Information in Africa to be funded by the UN Development Account was approved and is due to be implemented. UNEP in collaboration with FAO and IUCN will assist 20 African countries to develop skills and national databases of environmental information for the purpose of retrieving information using information technology. 157. The main objective is to enhance access to environmental law information by promoting methods for using information technology to enhance public awareness and access of environmental law and to build capacity of developing countries in Africa to access environmental law information for decision making, compliance and enforcement of environmental law, learning and research, as well as for environmental management for sustainable development. The activities include training programs and advisory services and technical assistance to develop the databases and to put in place mechanisms to ensure that experts in the countries will update the databases. Explore means in law and practice for promoting appropriate public participation in the implementation of, compliance with and enforcement of environmental law.
158. In the work program of UNEP, environmental law civil society groups have been targeted to build their capacity in environmental law for the purpose of enhancing public participation in decision- making. The interest is to raise their consciousness through sensitization to enable them to articulate environmental issues and to act by representing the public in public interest suits or by pres surizing the public administration for the purpose of compelling them to act when there is an omission on their part that is causing environmental degradation, and to participate meaningfully in environmental management at their level including in Environmental Impact Assessment processes when they are called upon to do so. Reviewing procedures and practices with regard to public participation and access to information at international institutions and in negotiations and other activities related to sustainable development;
159. The Malmo Ministerial Declaration of the Sixth Special Session of the UNEP Governing Council/Global Ministerial Environment Forum and subsequent Governing Council decisions have provided further political support for enhancing the role of civil society in environmental management, thus improving public participation in environmental decision-making and in the work of UNEP. UNEP organizes a Global Civil Society Forum covering different themes every year and has prepared a brochure on its work with civil society and two booklets in 2004 one on Women and Environment and a Guidebook on Engaging Civil Society in UNEP. Governments (environment ministries and agencies), scientific institutions and NGO’s collaborate closely with UNEP Divisions to facilitate better access to environmental information. 160. Following Governing Council Decision 21/19 and SSVII.5, UNEP developed a "Strategy Paper on Enhancing Civil Society Engagement in UNEP". This strategy resulted from an extensive two-year discussion. It has now been finalized and was presented to the 22nd Governing Council, in Nairobi, Kenya, February 2003. The strategy is based on three interdependent pillars: (a) Strengthening institutional management. To facilitate transparent and meaningful communication between civil society and UNEP, especially using modern technology (Internet-based technologies). This includes the development of environment -related databases, networks and the environmental knowledge centres in the regions. (b) Engagement at the policy level. To involve civil society expertise and views on UNEP's work programme and discuss emerging environmental issues. (c) Engagement at the programmatic level. To take civil society into account when UNEP implements its work programme.
161. UNEP Governing Council 22/18 mandated the Committee of Permanent Representatives to continue its work as mandated by decision SS.VII/5 on enhancing the engagement of civil society in the work of the United Nations Environment Programme in considering the amendment of rule 69 of the Rules of Procedure and any consequential amendments of the Rules of Procedure, taking into account the evolving relationship between civil society and the United Nations system and the ongoing United Nations reform process.
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162. UNEP, together with UNDP, the World Bank, IUCN, EU, WRI, and a number of governments, and Civil Society groups joined the “The Partnership for Principle 10” initiative, the World Resources Institute is the interim secretariat of the Partnership, which was launched in WSSD as a Type II initiative. The Partnership’s objective is to pursue common goals and processes in enhancing the implementation of Principle 10 of the Rio Declaration globally. The partners have met twice to review their work, the first meeting of the partners was held in April 2003 in Portugal, the second meeting of the partners that was organized to review the work of partners in enhancing the implementation of Principle 10 of the Rio Declaration was hosted by the World Bank in Washington, USA in June 2004. Organize training on laws and procedures relating to access to environmental information and public participation in processes leading to environmental decision-making
163. Training on laws and procedures relating to access to environmental law information, public participation in decision-making and access to justice in environmental matters is always included in the agenda of the Global Training Programme on Environmental Law and Policy and other Regional Training Programmes on Environmental Law and Policy. 164. On 4-5 June 2003, UNEP organized an African Experts Meeting for Enhancing the Application of Rio Principle 10 (Access to Information, public participation and access to justice) to build human resource capacity to strengthen the legal and institutional framework. 22 Countries and 10 NGOs from Africa participated and made recommendations on how UNEP can further enhance the application of Rio Principle 10 at the national level. The focus was mainly on strengthening the legal and institutional framework for sustainable development at the national level using Principle 10 of the Rio Declaration. 165. Similar meetings were undertaken in the Asian and Pacific region and the Latin America and Caribbean region. The Regional Office for Europe is working with INECE to implement the Aarhus Convention in the region. Investigating the need for and feasibility of new international instruments on access to information, public participation in processes leading to decision-making and access to judicial and administrative proceedings relating to environmental matters
166. UNEP Governing Council 22/17 on Enhancing the Application of Principle 10 of the Rio Declaration requested the Executive Director to assess the possibility of promoting, at the national and international levels , the application of Principle 10 of the Rio Declaration on Environment and Development and determine, inter alia, if there is value in initiating an intergovernmental process for the preparation of global guidelines on the application of principle 10. 167. UNEP has continued consultations with Governments and relevant civil society organizations those already contacted so far are of the view that an international instrument in the form of Global Guidelines on Principle 10 be developed as a soft law instrument in this field. 3. Challenges faced
168. Resource mobilization for the consultations on the Global Guidelines has not been so successful.
4. Way forward for the rest of the decade
169. UNEP will continue to prepare and disseminate environmental law information to raise awareness of different target groups in society. UNEP will also continue engaging the civil society in the work of UNEP and facilitating its role in the society. UNEP will work with other organizations to enhance implementation of Principle 10 of the Rio Declaration. H. Information technology
1. Objective, strategy and main activities
170. The objective of the ‘information technology’ programme area is to improve the development, content, effectiveness and awareness of environmental law through the use of new and existing information technology. In order to achieve this objective the strategy for this programme area is to promote the appropriate use of new and existing information technology in the development, implementation and enforcement of environmental law, as well as the dissemination of information
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relating to environmental law, taking into account the special needs and circumstances of countries that may lack access to some or all aspects of information technology. 171. The activities envisaged by this programme area are to study and promote ways in which new and existing information technologies can be used and to assist in the development of environmental laws, promoting dialogue and public participation on environmental matters with respect to, inter alia, environmental impact assessment. 172. Other actions include avoiding or settling environmental disputes as well as exploring the tools to improve existing international arrangements and build new ones for access to, processing of and dissemination of information on environmental legislation from national and international sources. The promotion of methods for using the Internet and information technology to enhance public awareness of environmental law and to make international instruments and other documents available, including in all United Nations languages and supporting efforts to ensure that environmental agencies, institutions and organizations, particularly in developing countries, have access to World Wide Web legal databases is very important. 173. As is the need to further develop the United Nations Environment Programme (UNEP) Web page and promote further development of the Web pages of MEAs and alongside this to promote the use and further development of the joint UNEP/World Conservation Union (IUCN) environmental law database (ECOLEX). 2. Activities carried out, outputs and results
The UNEP Webpage
174. A new UNEP Environmental Law website was launched in April 2004. The UNEP website has been developed and improved both technically and on substantive issues and it is more user friendly now with features that have enabled the site locators to be easily accessible. The information has also been enriched and it is being updated regularly. It is a useful source of information on UNEP environmental law activities and it is user friendly in that it is easy to access and it is being updated regularly with environmental law programs, events, publications and information. Improve ECOLEX
175. The UNEP/IUCN/FAO ECOLEX database is a useful tool for accessing environmental law information for decision-making, education (teaching and learning) and for the public. Substantial progress has also been made to further develop the Joint UNEP/IUCN/FAO Environmental Law Information Service (ECOLEX). Phase II includes FAO role in the national legislation of ECOLEX efforts have been made to merge FAOLEX and ECOLEX and to fundraise for Phase II activities. ECOLEX comprises a comprehensive, global database on environmental law information, which will ensure better access to such information, particularly by developing countries. The database can be viewed on the web-site ( http://www.ecolex.org).
The promotion of methods for using the Internet and information technology to enhance public awareness of environmental law and to make international instruments and other documents available, including in all United Nations languages and supporting efforts to ensure that environmental agencies, institutions and organizations, particularly in developing countries, have access to World Wide Web legal databases is very important
176. UNEP in collaboration with FAO and IUCN will assist 20 Countries in Africa to organize their information electronically and to develop national legal databases using information technology in a UN Development Account funded project. The information will assist decision makers, institutions of higher learning and the public to access and retrieve environmental information including laws, regulation, policy documents and guidelines through Government websites and through the Internet. To study and promote ways in which new and existing information technologies can be used and to assist in the development of environmental laws, promoting dialogue and public participation on environmental matters with respect to, inter alia, environmental impact assessment
177. The UNEP Regional Office for Latin America and the Caribbean is developing a regional database of environmental information that can be accessible to assist different users in accessing information for environmental purposes.
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178. The UNEP Regional Office for Europe is co-operating with the Regional Environmental Centre for Central and Eastern Europe (REC) and IUCN to establish a Joint Environmental Law Service (JELS), which w ill focus on providing advice and legal expertise in development and codification of international environmental law and implementation of MEAs in the region. The JELS aims at becoming a permanent partner for government institutions seeking exchange of expertise and knowledge in implementation of international environmental law in the region. 3. Challenges faced
179. The challenge of bridging the gap of information technology in developing countries is still a big challenge. The request for computers to enhance the work of judges by enabling them to access environmental law information is just an example. This request is in their capacity building programmes collected during the Sub Regional Chief Justices Needs Assessment and Planning Meeting. 4. Way forward for the rest of the decade 180. UNEP will work with partners to implement the UN Development Account project in Africa, and taking into account of the success and lessons learned after the duration of the project UNEP will seek to replicate it in other parts of the world. UNEP will also strengthen the Environmental Law Website and ECOLEX as well as regional databases for the purpose of providing a service of enhancing environmental law information using information technology. I. Innovative approaches to environmental law
1. Objective, strategy and main activities
181. The objective of the innovative approaches to environmental law paragraph is to improve the effectiveness of environmental law through the application of innovative approaches. The strategy that will be used to achieve this objective is to identify and promote innovative approaches, tools and mechanisms that will improve the effectiveness of environmental law. 182. The activities outlined in this programme area include assessing State practice in utilizing tools such as eco-labelling, certification, pollution fees, natural resource taxes and emissions trading and assist, as appropriate, in the use of such tools and promoting the development and assessing the effectiveness of voluntary codes of conduct and comparable initiatives that promote environmentally and socially responsible corporate and institutional behaviour, to complement domestic law and international agreements. 183. Further, actions include encouraging consideration of the use of spokesmen for environmental values and concerns, including for the interests of future generations and studying the contribution that other fields of law can make to environmental protection and sustainable development. 184. It is of note to enhance, through studies, the relationship of indigenous and local communities embodying traditional lifestyles to the management and protection of the environment and to promote ecosystem management in law and practice, including the valuation of services provided by ecosystems, such as environmental benefits. Encouraging the development of legal and policy frameworks for reducing the debt burdens of developing countries in ways that benefit the environment creates a useful means with which to achieve the listed objective. 2. Activities carried out, outputs and results
185. An assessment of State practice and the promotion of the use of economic instruments for environmental management is part of the work of UNEP in its technical assistance and advisory services to Governments. This promotion is also included in the training programs and training materials used in both the Fifth and Sixth Global Training Programme on Environmental Law and Policy and the Regional Training Programme organized to enhance implementation of environmental law, and enforcement an compliance. The Regional Training Programme on Environmental Law and Policy held in Tianjin, China in August 2004 is a good example where different kinds of economic instruments and behaviours of production and consumption patters were promoted. All these training programmes are aimed at promoting innovative approaches, tools and mechanisms that will improve the effectiveness of environmental law 186. In the 22 nd Governing Council an attempt to kick start an intergovernmental process to develop a voluntary code of conduct and comparable initiatives that promote environmentally and socially responsible corporate and institutional behaviour, to complement domestic law and international
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agreements was deferred. UNEP however continues to do some work on promoting sustainable production and consumption patterns. 187. Another innovative approach to environmental law is a joint effort with the Federal Regional Tribunal of the 4th Region of Brazil, of which Justice Vladimir Passos de Freitas -the LAC representative in the UNEP Advisory Team of Judges- is the President. UNEP/ROLAC organized a Contest of Monographs on Environmental Law Topics for Latin American Magistrates and Judges. The contest was advertised by various media in the region, including newspapers and the Internet, requesting interested Judges and Magistrates to submit monographs to UNEP/ROLAC and the Federal Regional Tribunal from August 1st to November 15th, 2004. These monographs will be reviewed and graded by a commission of three environmental law experts, including judges and academics. The three winners will participate -with all the expenses covered- in a regional congress on environmental law, which will be held in Brazil in 2005 by the organizers of the contest. The winning monographs will be published by UNEP/ROLAC. 3. Way Forward for the Rest of the Decade
188. UNEP will undertake more work in this programme area with a view to promote innovative approaches, tools and mechanisms that will improve the effectiveness of environmental law .
Conse rvation and management
J. Freshwater resources
1. Objective, strategy and main activities
189. The objective identified in the field of freshwater resources is to enhance the conservation, protection, integrated management and sustainable use of freshwater resources, both ground and surface water. The objective is to be achieved through the strategy of encouraging the development of national and regional policies, action plans and, where appropriate, legal instruments for the conservation, protection, regeneration, integrated management and maintenance of the quality and sustainable use of freshwater resources. 190. Specific actions mandated to achieve this objective include actions at the international level, directed at encouraging international cooperation to t he end of ensuring access to clean drinking water, and actions at the national level, directed at encouraging States to develop and apply law and policies for the purposes of the sustainable use of freshwater resources and their protection and to adopt individual or collective actions to improve conservation, protection, integrated management and maintenance of the quality and sustainable use of freshwater resources. Actions also include the assessment of States experiences with regard to water supply, waste water treatment and sanitation, and the continuation of UNEP’s work on reviewing the environmental aspects of transboundary watercourses. 2. Activities carried out, outputs and results
Legislative guidance document on Conservation and Sustainable Use of Water Resources
191. UNEP has undertaken a legislative guidance document, which is being published under UNEP’s series of publications titled “Legal Drafter’s Handbook on Environmental Law”. The publication has been developed with the assistance of one of the most well known experts of water law, Prof. Stephen McCaffrey, who has developed the document following the guidelines provided by and under the guidance of UNEP’s legal officers. 192. The document has been conceived taking into account the fact that, although nearly all countries in the world have developed national legislation dealing with the management of freshwater resources, such legislation does not always address the environmental dimensions of freshwater, including its conservation and sustainable use. Furthermore, legislation concerning water is often fragmented and does not take into account the new approaches to freshwater management, such as the integrated river basin, watershed and groundwater management.
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193. The Handbook is primarily intended to assist legal drafters in developing countries that do not have ready access to legislation of other countries to obtain basic understanding of the main elements to be taken into consideration when regulating the conservation and sustainable use of freshwater resources and of the way in which other countries - both developed and developing- have legislated in this area. UNEP plans to use this legislative guidance as a tool, for capacity building on water law at the national level. For this reason, a popular version of the handbook is being prepared, and a strategy on how to best utilize this instrument are being developed as well. Collaboration with the Lake Chad Basin Commission
194. UNEP conducted and explorative mission to N’Djamena, Chad, in November 2000 consider the reactivation of UNEP-LCBC collaboration on legal issues. Legal advice for the development of the draft constitution of the AMCOW
195. Legal advice provided for the preparation of the draft Constitution of The African Ministers’ Council on Water (AMCOW), which was established by the Abuja Ministerial Declaration on Water - A Key to Sustainable Development in Africa, of 30 April 2002, adopted by African Ministers responsible for water resources. 196. UNEP is among organizations that has been working in the SADC region in providing advisory services to Governments in the area of freshwater. Roster of legal experts in water law
197. UNEP has undertaken the development of an international roster of legal experts with country- specific knowledge relating to freshwater, in order to strengthen partnerships between those countries and other countries in need of such legal experts and to create a reservoir of legal consultants in this area. Technical legal assistance at national level for the development/ strengthening and harmonization of water-related legislation
198. Legal advice has been provided to several countries for the development of national environmental legislation, including water legislation of water components in framework legislation. An example is the assistance provided to Lao PDR for the convening of a. National Workshop on Legislative Policy for the development of Water Decree, in May 2000. Development of international instruments on water and sanitation
199. The Plan of Implementation of the World Summit on Sustainable Development emphasized that the provision of clean drinking water and adequate sanitation is necessary to protect human health and the environment. The Plan sets out a commitment to halve, by the year 2015, the proportion of people who are unable to reach or to afford safe drinking water and the proportion of people who do not have access to basic sanitation. Among the actions listed in the Plan, the integration of sanitation into water resources management strategies could be effectively implemented through a set of internationally agreed standards and practices that would facilitate international cooperation in this field. 200. On the basis of this, UNEP considered that the development of international instruments or the use of the existing instruments for that purpose should be given due consideration. This consideration was put forward at the UNEP GC22, where the need for the development of international regulatory instruments regulating freshwater resources was recognized in several decisions, incl uding decision 22/2 on Water, part III on regional seas, which calls upon littoral states of shared inland waters to collectively establish legal instruments for the protection of the environment of the respective area as soon as possible .The decision als o requests the Executive Director to support and facilitate relevant processes of establishing mechanisms and instruments with regard to the protection of inland waters mainly through the United Nations Environment Programme’s regional offices; Review of water legislation containing provisions on pollution charges
201. A document on legislation of countries of the region that have a system of charges for water pollution was prepared in 2000. The document includes legislation of the following countries: Argentina, Brazil, Chile, Colombia, Ecuador, Peru, Uruguay, and Venezuela.
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202. UNEP is in the course of developing a Freshwater Treaty Drafter’s Handbook that will provide guidance to Governments on how to develop an effective treaty and institutional regime on shared waters. 203. Other source books and reference books that have been published by UNEP and widely circulated include a publication by UNEP in collaboration with FAO and Oregon University entitled an Atlas of International Freshwater Shared Agreements and a Publication and CD Rom on Vital Water Graphics, which provides an overview of the state of the world’s fresh and marine waters. 3. Challenges faced
204. The challenges faced in the implementation of the freshwater resources element of the Montevideo programme consist mainly in the following: · The lack of financial and human resources for finalizing specific activities. · High political sensitivity of certain issues, such as the international regulation level of specific watercourses (e.g. the Caspian Sea), which results in the difficulty to reach consensus and therefore adopt such international regulatory instruments. · The fact that water law has traditionally been at both regional and national level, a separate topic from environmental law, creates scepticism over the ability of UNEP or the role of national and regional environmental authorities to deal with water law issues. This is based on an old perception that did not take into account the links between the quantitative aspects and the qualitative aspects of water resources and the basin approach that requires the integrated management of water basins, as well as the links between water resources and other resources and ecosystems. · The need to clarify the boundary of UNEP’s mandate with respect to the mandate of other Intergovernmental organizations, such as WHO, with respect to water regulation, especially when sanitation is concerned.
4. Way forward for the rest of the decade
205. The freshwater crisis is now a central preoccupation. As a result of this, the attention of the international community has concentrated remarkable efforts in this field. Freshwater resources were also at the centre of the recent UNEP GC/GMEF eighth special session (South Korea, march 2004), where discussions focused on how to accelerate implementation of the WSSD outcomes and how to achieve the targets in MDGs relating to water. UNEP has undertaken significant work in water policy development and in promoting intergovernmental dialogue on water policy challenges. The environmental law programme should now incorporate the legal dimensions into the ongoing policy work at the national, regional and global levels. 206. In this regard, activities at the national level should concentrate on the following: (a) Provide assistance in developing and implementing national laws and policies relating to: · Conservation, protection, integrated management and sustainable use of fresh water resources, both surface water and groundwater; · Increased access to safe drinking water; · Provisions of waste water treatment and sanitation; · Prevention of pollution of water resources; and · Provide assistance, upon request, with development and implementation of any national legislation needed to implement international obligations concerning the use, protection and sustainable development of international watercourses.
207. Activities at the regional and international level should focus on the following: (a) Review existing rules and regulations, including agreements, relating to transboundary water issues in order to determine the need for more elaborate principles or standards to ensure sustainable use and development of transboundary water resources and associated ecosystems. (b) Assist, upon request, states in elaborating existing international rules and regulation including agreements to advance sustainable use and development of transboundary water resources. (c) Encourage co-operation between states concerned to enhance sustainable use, and development of shared water resources e.g. by adopting agreements or establishing joint management mechan isms.
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K. Coastal and marine ecosystems
1. Objective, strategy and main activities
208. The objective of the field of coastal and marine ecosystems is to promote and improve the integrated management, conservation and sustainable use of coastal and marine resources and ecosystems 209. The strategy suggested to implement this objective consists of promoting the implementation of both international instruments and domestic laws and policies for the integrated management, conservation and sustainable use of coastal and marine resources and ecosystems. 210. To facilitate these objectives the Montevideo Programme III sets out a variety of pertinent actions including promoting respect for and effective implementation of the Global Programme of Action for the Protection of the Marine Environment from Land-based Activities and other international instruments relating to protection and sustainable use of coastal and marine resources and ecosystems. It also places importance on assisting governments and relevant international bodies in the implementation and further development of regional seas conventions, protocols, and related action plans, seeking to collaborate with relevant international bodies on legal issues relating to the enhancement of the conservation and sustainable management of marine resources, including fisheries. 211. Further actions involve studying and, as appropriate, promoting land use planning and the creation of marine protected areas for the integrated management, conservation and sustainable use of coastal ecosy stems and exploring the means in law and practice, including thorough regional seas conventions, for improving the protection of coral reefs, wetlands, mangroves and other coastal and marine ecosystems. Of importance is collaborating with relevant internat ional bodies in further integrating environmental considerations into rules relating to navigational safety. 2. Activities carried out, outputs and results
212. Legal advisory services were provided to various meetings of the Parties to the Abidjan Convention and to the Nairobi Convention. These included both Meeting of the Parties and expert meetings such as on Coastal Erosion, Coral Reef Meetings, Physical Alteration and Destruction of Habitats etc. Advisory services included general legal issues and drafting of decisions for the Meeting of the Parties before and during the Meeting. Studies on legislation were also undertaken on some coastal and marine environment issues and in some cases published in this area. Framework Convention on the Protection of the Environment of the Caspian Sea
213. Recognizing the seriousness of the growing environmental problems in the Caspian Sea region and their impact on the social and economic development, the Caspian Environment Programme (CEP) was agreed in 1995 as a comprehensive long-term strategy for the protection and management of the Caspian environment. The CEP is a partnership between the five Caspian littoral states, i.e., Azerbaijan, I.R. of Iran, Kazakhstan, Russian Federation and Turkmenistan on one hand, and the International Partners, i.e., UNDP, UNEP, World Bank, EU/TACIS on the other hand. The private sector and host of other international organizations also participate in CEP activities. Up to date CEP has been mainly funded by the GEF, with UNDP, UNEP and World Bank as implementing agencies, and the EU/TACIS. The GEF funded part of CEP that was endorsed by GEF Council in February 2000 was for a total amount of 8.4 million USD. UNEP was identified as the main international partner to support strengthening the legal, institutional regulatory and economic frameworks in the Caspian region. 214. Officially launched in 1998, the Programme has been successful in engaging the five littoral states and the International Partners in a constructive dialogue towards improved environmental management of the Caspian Sea. One important output is the formulation of the Transboundary Diagnostic Analysis (TDA) and the Strategic Action Programme (SAP) identifying a number of pending environmental problems requiring immediate actions. As most of them are of transboundary nature, they cannot be overcome unilaterally but rather through an appropriate cooperation regime among all Caspian littoral states. 215. Within the UNEP aim of harmonizing legislation in the Commonwealth of Independent States (CIS), it is also noteworthy that an international conference (“Legislation in the CIS – Harmonization of Environmental Dimension”) took place in Moscow from 18 to 19 January 2001. The Conference called
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upon Parliaments, Governments, the judiciary, civil society and international organizations to pursue environmental protection and sustainable development by promoting and strengthening the complementarity and mutual supportiveness throughout all branches of legislation. 216. The most significant outcome of the Caspian Environment Programme to date has been the adoption of the Caspian Framework Convention in early November 2003. The signing of the “Framework Convention for the Protection of the Marine Environment of the Caspian Sea”, by the five Caspian littoral states marked the culmination of 8 years negotiation process, which has been driven under the auspices of UNEP within the framework of the CEP. 217. Being the first legal agreement signed by all five Caspian littoral states, the Framework Convention will serve as an overarching legal instrument laying down the general requirements and the institutional mechanism for environmental protection in the region. It is based on a number of underlying principles including the precautionary principle, the polluter pay principle and the principle of access to and exchange of information. The two major areas of concern are (i) prevention, reduction and control of pollution, and (ii) protection, preservation and restoration of the marine environment. The Convention also includes provisions on EIA, as well as general obligations on environmental monitoring, research and development. 218. The signing of the Caspian Framework Convention allowed the Caspian Governments to signal their readiness to sign up to concrete environmental actions, encouraging the international community to provide further financial and technical assistance to the region. Shortly after the signing ceremony, the GEF Secretariat approved a second phase support to the CEP of a total amount of $6 million. The GEF project “Towards a Convention and Action Programme for the Protection of the Caspian Sea Environment” will focus on the preliminary implementation of the CEP SAP in the priority areas of Biodiversity, Invasive Species and Persistent Toxic Substances, and the continuance of the Convention process. The EU is also extending its support to the CEP with particular attention to fisheries issues and coastal zone management. Considerable EU support to the Convention process has also been approved. 219. Within the framework of the GEF project, and further to the request of the Caspian Governments, UNEP will continue servicing the Convention process pending the Convention's entry into force. UNEP’s further assistance will focus on the development of priority area protocols as well as technical assistance for efficient implementation and enforcement of relevant MEAs. L. Soils
1. Objective, strategy and main activities
220. The objective of the subject area of Soils is to improve conservation, rehabilitation and sustainable use of soils. Thus it follows that the strategy earmarked to achieve this objective is to promote the development and implementation of laws and policies that will enhance the conservation, sustainable use and, where appropriate, rehabilitation of soils. 221. As a means to these ends the MPIII suggests that governments review, and if need be, change their domestic land use laws and tenure systems with the aim of achieving soil conservation and reclamation. This could then be supplemented by promoting the integration of soil conservation measures into relevant domestic laws while taking into account, where appropriate, relevant international instruments such as the United Nations Convention to Combat Desertification in those Countries Experiencing Serious Drought and/or Desertification (particularly in Africa.) 2. Activities carried out and outputs and results
222. UNEP has undertaken to prepare a Legislative Guidance Document on Protection, Conservation, Rehabilitation and Sustainable Management of Soil, which will take the form of a Legal Drafter’s Handbook on Environmental Law, in compliance to the MPIII mandate. 223. The purpose of this legislative guidance document is to assist legal drafters in developing countries that do not have ready access to legislation of other countries, to obtain basic understanding of how other countries - both developed and developing - have legislated for the environmentally sound management of soil and related matters. Accordingly, the document will be published under UNEP’s series of publications titled “Legal Drafter’s Handbook on Environmental Law”. This volume will deal with soil management.
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3. Overview of land/soil related issues in MEAs
224. An overview was prepared in UNEP on land/soil related issues and their legal structuring in MEAs, and surveyed the options of catalyzing coordination of global assessment strategies within MEAs in relation to land/soil issues. This was undertaken in the context of the ongoing development of a comprehensive land/soil related UNEP strategy . 4. Challenge s faced
225. The main challenge faced in the preparation of the legislative guidance document indicated above was related to the difficulty to identify an adequate number of independent legal experts with expertise in the area of the Protection, Conservation, Rehabilitation and Sustainable Management of Soil. 5. Way forward for the rest of the decade
226. Soil has received at the international and regional levels, less attention than other ecosystem components. The UN Convention on Desertification addresses soil degradation but only from a limited perspective. Partly as a result of this, national legislation on protection, conservation, rehabilitation and sustainable management of soils in most developing countries appears to be inadequate. The legislative guidance will be a useful tool to fill this gap. M. Forests
1. Objective, strategy and main activities
227. The objective of the programme area on Forests is to enhance the conservation and sustainable use of all types of forests. MPIII offers a strategy, which seeks to promote the development and implementation of measures aimed at the protection, conservation and sustainable use of all types of forests. 228. Among the actions required to achieve this goal include ensuring that the importance of forests is reflected in the domestic legislation of States, through promoting the integration of environmental concerns and forest conservation goals into domestic forest policies and legislation. This may be supplemented by promoting means in domestic law and practice that provide incentives and remove disincentives for local and indigenous communities to conserve forests. 229. It is imperative that an elaboration of domestic laws is encouraged along with an emphasis on enhanced international co-operation on forest issues, including in the prevention, assessment, monitoring and mitigation of forest fires. Co-ordination among international institutions in the development and implementation of internationally agreed actions on forests will be of further benefit. 2. Activities carried out, outputs and results
Dialogue with the Secretariat of the United Nations Forum on Forests
230. UNEP has been requested, within the framework of the Collaborative Partnership on Forests, to provide legal expertise to the UNFF Secretariat, in their preparations for the “A d Hoc Expert Group Meeting on Consideration with a view to Recommending the Parameters of a Mandate for Developing a Legal Framework on all Types of Forests”, held in New York in September 2004. 231. At the time of writing this report, the outcome of this meeting as well as the discussion in the Fifth meeting of UNFF have not yet taken place, however, below, under section iv ‘Way forward’, possible directions in international and intergovernmental legal developments surrounding forests will be included. Technical assistance at national level
232. UNEP, in the provision of capacity building in environmental law provides technical assistance to developing countries and countries with economies in transition, to ensure that a holistic approach is followed, by which a framework environmental law is normally suggested as the first step in the creation of a body of environmental legislation. Environmentally sound management of forests is then an element of such framework legislation. The principles expressed in the framework law are to be implemented through regulations, sectoral legislation or through already existing sectoral legislation,
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which often, in the case of forests, pre-exist framework environmental legislation. Details of the technical assistance provided in the reporting period are given in Section 2 on capacity building. 3. Challenges faced
233. There is agreement among all States, as well as other stakeholders, that forest degradation still continues and that the problems associated with forests are of a pressing nature. Some States are of the view that forests may not be able to survive the current rather ad hoc international legal and regulatory environments. There is also recognition among most States and stakeholders that forests have certain global aspects, such as forest services (e.g. carbon sequestration, biological diversity) and that some causes of the problems affecting forests, such as trade or debt, are in fact global issues. 234. There is consensus that there is the need for international attention to forests, however, to what extent law is an appropriate vehicle to address the large number and variety of forest -related issues is open to debate. The explorations undertaken on how effective legal responses could be characterized also indicat e the diverse nature of views. 235. The outcome of the pre -UNFF process, the IPF/IFF Proposals for Action, are generally seen as not focused enough, too numerous and containing duplications, which hampers their implementation. The clustering of thematic areas, as happened under the Criteria & Indicators processes, is a concrete result of this striving towards more focused and tangible objectives to strive for. 236. The issues associated with forests, including problems, are potential targets of law. International efforts need to emphasize a balance between cooperation and coercion, the recognition of State interdependency and sovereignty, the role of voluntary commitments, the role of major groups, such as environmental activists and the business sector, and the importance of information accessibility. These are among the elements that may be part of an effective international legal regime. 237. Law interacts with other systems that seek to order behaviour and achieve social control, sometimes effectively, sometimes counter-productively. The import of international law in the world of forests is not a matter that has consensus. Some conclude that the world’s forests will be sacrificed in the absence of significant new international legal agreements. Others hold that the quality of forests can improve in spite of an international treaty and that a treaty is almost irrelevant in achieving sustainable forest management. 238. What to include within the construct of law at the international level is not a simple choice. T here is already a considerable number of instruments directly and indirectly affecting aspects of forest. Mostly an international instrument will involve decisions regarding jurisdiction, sanctions, and standard, rule or norm formation. Other characteristics may include: open exchange of relevant information, a hierarchy of progressively applied liability rules, understandable dispute resolution processes, co- ordination among related agreements, and establishment of independent secretariats. Further, flexibility in achieving implementation, inclusiveness of the parties, involvement of NGOs, the existence of clear relationships to existing institutions, and a reasonable economic and considerable political commitment are recognized as possible elements, as is the need for scientific consensus. 239. The goals of an international environmental forest instrument may be difficult to agree upon; how can success be determined, when studying effects that may take sometimes decades to manifest themselves across the globe? Some measure success in empirical, concrete terms: are the areas of deforestation no longer diminishing? Is the biodiversity in old-growth forests increasing? Other benchmarks may also be used: an international forest instrument might have made a consid erable contribution if the behaviour of people is influenced positively, or when international cooperation has been fostered, or when decision making has been more democratic and inclusive. 240. One of the main questions that remain is if forests can be dealt with in other fora or if it needs a specific forum. Can it be integrated in other legal instruments or is a specific instrument of its own a better option? The most important prerequisite for an international forest instrument is that there should be reliable information about the causes and cross-border consequences. It is a prerequisite to clearly establish the cross-border benefits of an international forest policy. 4. Way forward for the rest of the decade
241. UNEP will intensify its cooperation with other international organizations within the Collaborative Partnership on Forests (CPF). The CPF has been established in 2001 and has two main objectives : 1) to support the work of the UNFF and its member countries and 2) to foster increased
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cooperation and coordination on forests. The CPF is currently comprised of 14 international organizations. 242. UNEP is planning, building upon its contribution to the legal Expert Group Meeting, to continue to provide legal expertise to the intergovernmental forest process and in particular UNFF- 5 in May 2006, which will consider the legal options on how to proceed with UNFF and possible legal arrangements on forests. This will be the first time since 1998 that this topic will be substantively discussed in an intergovernmental forum. UNEP will promote its expertise and interest in the future forest agenda, in particular if any new legal or institutional arrangement may come to the fore. 243. Among the components that may constitute an effective international forest regime are: (a) Political support within the participating States (b) The articulation of shared norms is important, there have to be shared understandings of fundamental values that an instrument should promote (c) The regime needs to be based on consensual understandings of clear policy objectives (d) Fair amount forests scientific consensus about the existence and causes of the international problem. (e) Organizational capability within the secretariat and other implementing institutions (f) The Secretariat needs to have sufficient human and financial resources and information (g) Understandable and legitimate dispute resolution process (h) Regime should be open to public and scientific input / NGO involvement. Public participation should be encouraged not only in agenda setting but also in implementation (i) Open communication and access to information (j) Compliance prompting mechanisms: establish and strengthen norms for cooperation implementation, and compliance (k) Recognition of varying capacities developed and developing countries (l) Chapter 38 Agenda 21: “Implementation of Agenda 21 and other conclusions of UNCED shall be … consistent with the principles of universality, democracy, transparency, cost effectiveness and accountability” 244. UNEP identified the following possible options, which are not mutually exclusive and could be combined with one another, drawn from various sources: 1. Mechanism for improved coordination of existing arrangements e.g. continuation and improvement of the ‘synergies’-processes. 2. Ongoing intergovernmental dialogue in UNFF, the UNFF could be strengthened or reformed, in tandem with the CPF. 3. Another organization or institution could take the lead role. 4. A new organization could be established. 5. Improvement of current non-legally binding instruments 6. Develop non-Legally Binding Instrument to cover identified gaps on specific subject area. 7. Develop regional mechanisms, or regional guidelines. 8. Negotiate an all-encompassing, non-legally bonding Forest Charter (with principles), based on ‘ethical dialogue’. To avoid duplication with Forest Principles, the Charter should be short and fundamental. 9. Develop/negotiate Legally Binding Instrument to cover identified gaps on specific subject area 10. Use of existing LBI / LBIs, such as Protocol or Annex with CBD or UNCCD, or to apply existing international instruments: expand their scope through decisions COP 11. Two global legally binding instruments on forest: · One Convention on commercial production forests and/or · One Convention on natural forests separately 12. Framework convention (with principles, structure) · Regional mechanisms/annexes (shared geographical concerns) · Or substantively /thematic focused 13. Detailed global legally binding instrument, on all types of forests
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N. Biological diversity
1. Objective, st rategy and main activities
245. The objective of the topic of Biological Diversity is to enhance the conservation of biological diversity, the sustainable use of its components, biosafety and the fair and equitable sharing of the benefit s arising out of the utilization of genetic resources. The strategy formulated to implement this, seeks to promote, in consultation and cooperation with the Conference of the Parties and the secretariat of the Convention on Biological Diversity, the development and implementation of national, regional and global policies and legal instruments, as appropriate, for the conservation and sustainable use of biological diversity in all ecosystems, for the fair and equitable sharing of benefits arising out of such use and for biosafety. 246. Specific actions mandated to achieve this objective include promoting the development and application of domestic laws for the conservation and sustainable use of biological diversity in situ and ex situ, including through ecosystem management and land use policies, as well as for the fair and equitable sharing of the benefits arising out of the utilization of genetic resources and for biosafety. 247. Furthermore it is important to assist developing countries, in particular the least developed among them and the small island developing States, and countries with economies in transition, in the development and application of legislative, administrative and institutional measures for the implem entation of international instruments concerning biological diversity. Of further note is the importance of contributing to the analysis of the relationship between intellectual property rights, the knowledge, innovations and practices of local and indigenous communities and the conservation and use of biological diversity in the context of studying ways and means to prevent and resolve conflict or incoherence between obligations under environmental and trade-related international agreements. 248. Other actions mentioned include examining possible international responses to challenges posed by harmful invasive species, taking into account the cross-cutting nature of those problems and work under way in other international fora and supporting the implementation of relevant MEAs, in particular the Convention on Biological Diversity and the Cartagena Protocol on Biosafety. 2. Activities carried out, outputs and results
Training activities
249. Several training programmes and meetings were organized on legal aspects of biodiversity and management of natural resources. The following is a list of the most important ones. (a) UNEP/UNITAR/UNESCO Southeast Asian Training Workshop on application of Multilateral Agreements on Biological Diversity, Chiang Mai, Mar 20-24, 2000. (b) This workshop considered biodiversity-related conventions such as Convention on Biological Diversity, the Ramsar Convention and World Heritage Convention and the practical ways that they could be implemented; it also focused on review before the Conference of Parties of the Biodiversity Convention. (c) Workshop on Environmental Law, Mexico City, 11-12 July 2002. Following a special request by PARLATINO, UNEP/ROLAC organised this event open to PARLATINO members and participants from civil society and the academia. Issues addressed included biosafety, biological diversity, access to genetic resources and the sharing of benefits derived from their use; acknowledgment of traditional knowledge and the role played by intellectual property rights. Additionally, legislators gave presentations on the purposes and commitments made by each country in the region with respect to national legislation on biodiversity and biosafety from each of the countries present at the Workshop. (d) A Workshop on MEAs within the Framework of the Mesoamerican Biological Corridor (MBC) was organised in capacity of being one of the implementing agencies of the MBC project in September 2001 in Managua, Nicaragua. (e) Workshop on access to genetic resources, traditional knowledge and intellectual property rights, 27-29 Nov 2002 Urubamba Valley, Cuzco, Peru. Assistance was provided to the Peruvian Environment Council in the organization of a workshop on access to genetic resources, traditional knowledge and intellectual property rights for the so-called “group of like-minded
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megabiodiversity countries and the ministerial segment of the meeting of the group of like-minded megabiodiversity countries on access to genetic resources, traditional knowledge and intellectual property rights. (f) UNEP provided support to the XIV Meeting of the environmental commission of PARLATINO, September 2000, Sao Paulo, Brazil. UNEP’s collaborated in the organisation and participation as operative Secretariat for this commission. Presentations made on Implementation of Agenda 21 and the Rio+10 Process; climate change and the Kyoto Protocol; The Cartagena Protocol on Biosafety; The Relationship between Genetic Resources, Biodiversity, Trade and Intellectual Property Rights (g) 2004 - ESCAP/UNEP Training Workshop on MEAs on Biodiversity and Natural Resources, Bangkok, Thailand, on 27 – 31 October 2003. 250. The meeting was organized in order to respond to a need, increasingly expressed by Governments and other UNEP partners, to regionalize training activities such as the Global Training Programme on Environmental Law and Policy, in order to better respond to geographic-specific needs, including those related to the use of a common language or few common languages, and to contribute to the promotion of integration and harmonization of environmental policies and legislation. 251. Other regional training programmes will be organized from 2005, and will be held in other regions and sub-regions. More than 40 participants from 24 Asia and the Pacific Countries have benefited from these activities. Establishment of programme for the Consolidation of the Mesoamerican Biological Corridor.
252. 2001 - Coordination and implementation of selected activities under the objective dealing with “Policy Harmonisation” of GEF Project RLA/97/G31 the main activities carried out in this context involved: 1 Preparation of Inter-agency agreement with UNDP to define responsibilities and obligations of both agencies under this project and to establish co-operation mechanisms for the project implementation 2 Realization of a Meeting with Project Regional co-ordinator to define modalities for implementing activities under ROLAC 3 Preparation of a work plan to implement activities of policy harmonization component i.e. promotion of national legislation to guarantee the functioning of environmental services and negotiation of conventions 4 Discussion and agreement on work plan with the Coordinator of Policy and Legislation Unit of Central American Commission on Environment and Development (CCAD), with whom the policy harmonization component of the project is to be co-ordinated
Meetings of Likeminded megadiverse countries
253. Meeting of Likeminded Megadiverse Countries, Cancun, Mexico, 16-18 January, 2002. During the meeting, the Group of Likeminded Megadiverse Countries was set up, having Mexico as its current Executive Secretariat. The Meeting addressed the conservation and sustainable use of biological diversity, access to genetic resources and the sharing of benefits derived from their utilization. Updating of the African Convention on the Conservation of Nature & Natural Resources1968
254. UNEP held consultations with the World Conservation Union (IUCN) and the Organization of African Unity (OAU)/African Union (AU) and provided support for the review of the 1968 African Convention on the Conservation of Nature and Natural Resources, in order to take into account developments since the Convention was adopted. A new text of the Convention was approved and adopted for signature by the AU Summit held in July 2003. Inventory of regional initiatives, projects and programmes
255. An inventory was prepared in 2002 of regional initiatives, projects and programmes of concern to the political and legal frameworks of the Mesoamerican Biological Corridor and relevant decision- making processes, and finalisation and official submission of a relevant report to the Corridor authorities.
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Harmonization of reporting for biodiversity-related treaties
256. In the context of the IEG process, UNEP is engaged in efforts for enhancing co-ordination and synergies among MEAs. These efforts include the harmonization of reporting for biodiversity-related treaties. Mountain initiative
257. UNEP has launched the European Mountain Initiative, comprising of three projects aiming at assisting Governments of the region in facilitating increased cooperation for the protection and sustainable management of the ecosystems of the Carpathians, the Caucasus and Central Asia mountains, building on the experience of the Alpine Convention. The European Mountain Initiative was discussed at the Ministerial Conference "Environment for Europe", held in Kyiv, Ukraine, in May 2003. 258. The Carpathian Cooperation involves the following countries: Czech Republic, Hungary, Poland, Slovak Republic, Romania, Ukraine, FR Yugoslavia (associated) (for more information on the Carpathian mountains, see www.carpathians.org) 259. The Caucasus Convention involves the following countries: Armenia, Azerbaijan, Georgia, Russia. The second meeting of the Caucasian Countries was held in Georgia, in February 2002. 260. The Central Asian Mountain Charter involves Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, Uzbekistan. The draft Central Asian Mountain Charter, initiated by the Government of Kyrgyzstan, is currently subject of inter-ministerial consultations among the Central Asian Countries. 261. The Global Mountain Summit has been held in Bishkek, Kyrgyzstan, 29 October - 1 November 2002. The Central Asian Mountain Charter has been opened for signature at the meeting (for more information, see www.unep.ch) Activities directly relating to MEAs
262. 2001 - Intelligence gathering activities with relation to MEAs in Latin America and the Caribbean: 1 Participation of First Meeting of Wider Caribbean Hawksbill Turtle Range State Dialogue, convened on 15-17 May 2001 in Mexico City attended by 34 States and Territories and focused on issues relating to conservation and trade in hawksbill turtles provided an opportunity to make progress towards strengthening dialogue and co-operation in the region. 2 Review of conservation status of hawksbill turtles, the biological aspects of their populations, status of its trade, multilateral agreements for conservation of hawksbill turtles and the role of captive and ranching breeding.
Technical assistance at national level
263. A Report on Institutional strengthening of Biosafety has been prepared in 2000 Aug and delivered to the government of Peru, containing the guidelines for the development of the regulation of the Law on the Prevention of Risks derived from the Use of Biotechnology. 264. UNEP/ROLAC provided assistance to carry out a consultation on biosafety in response to a request made by the government of Peru. UNEP/ROLAC is working on a Spanish publication entitled the Legal Regime for Biotechnology in Latin America this will serve as a guidance material for the formulation of a regulation of the Law for the Prevention of Risks derived from the Use of Biotechnology, as well as a project document for the financing of institutional strengthening on biosafety will be prepared
Pan -European Biological and Landscape Diversity Strategy (PEBLDS) and the Service for implementing National Biodiversity Strategies and Action Plans.
265. ROE initiated a Memorandum of Understanding between Convention on Biological Diversity (CBD) and the PEBLDS with among other objectives to have unified focal points and mutual progress reports to the Governing Bodies; UNEP together with IUCN is responsible for a number of the action items under the strategy, including Action theme 0.2 which was aimed at providing assistance in introducing NBAPs in all countries of Europe by the year 2000.
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266. The Biodiversity Service is a framework project between UNEP/ROE and IUCN with financial support from the European Commission and the Government of Netherlands which started developing a Joint Service for Implementing National Biodiversity Strategies and Action Plans. 267. The overall objective of the service was twofold: (i) to facilitate the process of NBSAP implementation in CEE countries; (ii) to stimulate the integration of efforts in implementation of national (NBSAPs) regional (PEBLDS) and global (CBD) instruments for conservation and sustainable use of biodiversity.
268. The tools used to accomplish overall objectives would include provision of legal expert and technical advisory services, policy recommendations and guidelines, experience exchange and training 269. Activities most directly linked to the implementation and further development of the biodiversity related MEAs are carried out by the respective convention secretariats. O. Pollution prevention and control
1. Objective, strategy and main activities 270. The Objective of the area of Pollution prevention and control is to prevent, reduce and control environmental pollution, taking into account the challenges presented by urban development. The strategy formulated to make this happen involves strengthening and expanding existing legal instruments and developing new legal instruments and guidelines to prevent, reduce and control environmental pollution. 271. Actions proposed to carry out this objective include promoting the development of regional agreements to combat transboundary pollution, and in particular transboundary air pollution, along with assisting developing countries and countries with economies in transition in strengthening national legislation and institutions to prevent, reduce and control at source pollution. This may be done by developing and promoting means in law and practice for taking measures at the local level to address transboundary air pollution. 272. Of particular relevance is promoting the effective implementation of international environmental regimes relating to climate change and ozone layer depletion and promoting the effective implementation of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. Promoting the effective implementation of MEAs in the field of chemicals, including adherence to the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade and to a global legally binding instrument on persistent organic pollutants would be of further use. 273. Other actions include elaborating a strategy to enhance the coherence between environmental and other conventions concerning chemicals, promoting the development of instruments and arrangements that discourage or prevent the environmentally unsound relocation and transfer to other States of any environmentally harmful activities and substances and assisting developing countries and countries with economies in transition to develop national pollutant release and transfer registries to promote, inter alia, contingency plans, public right-to-know programmes, and cleaner production process methods. 274. Furthermore, promoting the development of domestic laws and policies that encourage integrated pollution control, pollution prevention, waste minimization and the environmentally sound and safe management of chemicals and assist developing countries, in particular the least developed among them, and countries with economies in transition, will aid in achieving the objective. It follows thus that it will be important to promote laws and policies that support environmentally sound planning and environmental impact assessment at the national level and to develop guidelines and other instruments to improve the management of wastes in the context of ur banization and related challenges. Conducting studies on particular issues and challenges associated with environmental impact assessments in urban areas will be of concluding importance for attaining the objectives.
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2. Activities carried out, outputs and results
ASEAN Agreement on Transboundary Haze Pollution
275. UNEP provided legal advice for the development of a legal framework for the prevention of transboundary haze pollution with the Association of South East Asian Nations (ASEAN) countries, leading to the signature of the Association of South-East Asian Nations Agreement on Transboundary Haze Pollution in Kuala Lumpur, Malaysia on 10 June 2002. 276. The agreement requires at least six ratifications to enter into force. Pending the establishment of the ASEAN Coordinating Centre for Transboundary Haze Pollution Control provided for in the agreement, the Ministers agreed on a set of interim arrangements using existing institutions and resources. The Ministers also agreed to conduct cross-border fire and haze disaster simulation exercises among some member countries to test regional preparedness for coordination, communication, and disaster relief, which are the key elements of the agreement. More details on the agreement can be found in the ASEAN website www.aseansec.org. Support to further development of chemicals conventions
277. Legal support was provided to the parties of the chemicals conventions – detailed report is presented under section 5 on strengthening and development of international environmental law Technical legal assistance at national level
278. UNEP provided technical legal assistance as well as financial support to developing countries and countries with economies in transition, upon request, to: · examine existing gaps in legislation and assess needs for development or updating or strengthening or harmonization of the existing legislation; and · develop, update, strengthen or harmonize the existing legislation through a participative approach and taking into consideration international obligations deriving from MEAs, including MEAs on chemicals.
Review of status of implementation of UN/ECE environmental conventions
279. Joint UNEP and UN/ECE Workshop on Environmental Conventions in the Federal Republic of Yugoslavia, Belgrade, 14-16 November 2001 280. On the request of Government of FRY and the Serbian Ministry for Health and Environmental Protection (SMHEP), ROE and UN/ECE co-organised a workshop in Belgrade (14-16 November 2001) to strengthen the capacity of Federal, Serbian and Montenegrin environmental authorities and NGO’s in the ratification, implementation and enforcement of international environmental conventions; 281. The workshop was organised in collaboration with SMHEP, the Montenegro Ministry for Urban Planning and Environment, and fully endorsed by FRY Ministry of Health and Social Policy. Furthermore, the workshop is part of the co-operation between UNEP, Regional Environment Centre (REC), and the World Conservation Union (IUCN) in the framework of Joint Environment Law Service (JELS); 282. The workshop was aimed at assessing the current status of ratification and implementation of four UNEP and four UN/ECE environmental conventions in FRY and to strengthen the capacities of national experts and authorities and groups to implement and enforce the conventions. This Workshop is first specific activity on MEA implementation in FR Yugoslavia since the crisis; 283. The status of the following conventions, inert alia, was reviewed: UNECE Conventions
· Convention on Long-Range Transboundary Air Pollution and its protocols (1979) · Convention on the Transboundary Effects of Industrial Accidents (1992) · Convention on Environmental Impact Assessment in a Transboundary Context (1991) UNEP Conventions · Basel Convention on Transboundary Movement of Hazardous Wastes and Their Disposal (1992)
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· Stockholm Convention on Persistent Organic Pollutants (2001)
Promotion of compliance and enforcement
284. UNEP has been promoting compliance and enforcement in a number of ways. Full account is provided in sub-section 1 of this part. Activities also include training programmes and workshops on licensing, monitoring and inspection and so on. As a example, UNEP organized with the World Bank Institute an Asian Workshop on Environmental compliance and Enforcement, 19-23 June 2000 in Bangkok, Thailand. The workshop provided insights into contemporary approaches to environmental licensing, monitoring and inspection. Implementation of global chemicals and hazardous wastes conventions
285. The First ASEAN/UNEP workshop for the effective implementation of the global chemicals and hazardous wastes conventions was organized on 17-22 September 2001, Bangi, Malaysia. 286. The workshop was aimed at identifying the needs of the ASEAN member countries for the implementation of the three MEAs and to enhance their understanding of these three conventions. The workshop focused on the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (Basel Convention), the Rotterdam Convention on the Prior Informed Consent (PIC) and the Persistent O rganic Pollutants Convention (POPs) and the synergies between the conventions for national level implementation with special reference to data collection and monitoring were also addressed; 287. Recommendations included the recognition of the need to strengthen the legal and institutional arrangements in ASEAN countries for implementation of the three conventions as well as ASEAN- wide regional cooperation to benefit from each other’s experience; and a call for further regional and national training programmes. 288. Training programmes/meetings on pollution and related issues · Northeast Asian Workshop on Environmental law and policy, July 3-4, 2000, Seoul, Korea. The Agenda focussed on legal, policy and institutional aspects of Air pollution, Energy and biodiversity. The objective was to develop a long-term work programme to promote sub -regional co -operation in the Northeast Asian countries. · South Asian forum on promoting environmental co-operation between government and the private sector, 13-14 July 2000, New Delhi, India. The Forum had two objectives: First, to develop a long-term South Asian regional co-operation programme. The legal and institutional component will be implemented under phase III of the UNEP/SACEP/NORAD Joint Project. · Secondly to obtain South Asian inputs to the 2000 Ministerial conference on Environment and Development in Asia and the Pacific. · National Workshops on clean development mechanisms, 2000 Jul/Aug. the workshops were convened together with ADB in ten Asian countries followed by a regional workshop. A wide cross section of national stakeholders including government officials, academia, the scientific community, NGOs, media and the public in each country participated in these workshops. (countries included Bangladesh, Indonesia, Malaysia, Nep al, Pakistan, Philippines, Korea, Sri Lanka, Thailand, Vietnam) · UNEP has also provided its legal input to the Kagawa University Annual Symposium on Environmental Law on the theme “Common but Differentiated Responsibilities in the Protection of the Global Climate”, held in Kagawa on 13-15 December 2002. The Symposium is the fourth in an Annual series funded by the Government of Japan.
Technical legal assistance at national and regional levels
289. Technical legal assistance is provided to developing countries and countries with economies in transition for the development, strengthening and harmonization of national environmental law. In this context, UNEP promotes provisions that support environmentally sound planning and environmental impact assessment at the national level, as well as integrated pollution prevention and control mechanisms.
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290. An example of outcome of such assistance is the Impact Assessment and Audit Regulations developed in Kenya, to implement and enforce the Environmental Management and Coordination Act (EMCA). The Regulations were adopted and gazetted through Kenya Gazette Supplement No. 56 of 13 June 2003. 291. UNEP also developed and carried out jointly with the International Labour Organisation (ILO), a capacity building activity for countries in Asia on the UN Global Compact, with UNEP providing the contribution on the environmental dimension of the Compact. 292. UNEP also provided technical legal advice at Regional Fora on legal and institutional aspects of MEAs, including the Private Sector and the Flexibility Mechanisms of the Kyoto Protocol; Synergies and Interlinkages among MEAs with special reference to the Chemicals/Waste conventions, the natural resource conventions and the marine resource management conventions.; Impact of the UNFCCC and the Kyoto Protocol on Forestry management; Environmental Law and Sustainable Development; International Environmental Governance with special reference to Regional Environmental Governance and UNEP’s role in the progressive development of International Environmental Law.; and the Settlement of Environmental Disputes - Role of the Judiciary. Studies
293. UNEP is involved in several studies concerning emerging environmental law issues. Particularly relevant to the pollution prevention and control are those concerning the precautionary principle and liability regimes. More detailed information on such studies is provided in relation to sections 3 and 9 of the MPIII. Legal drafters’ Handbook on Energy
294. UNEP is in the course of preparation of a Legal drafters’ Handbook on Energy. P. Production and consumption patterns
1. Objective, strategy and main activities
295. The objective in the field of production and consumption patterns, is to improve the sustainability of ecosystems through adequate patterns of production and consumption. The strategy offered proposes to develop and apply means in law and practice to promote sustainable patterns of production and consumption. 296. Actions mentioned to achieve this objective include identifying and promoting best practices and innovative laws and policies aimed at achieving sustainable production and consumption and studying best practices and innovative laws and policies that define the role and duties of the producer as well as the consumer in achieving sustainable production and consumption. Developing guidelines and promoting the adoption of environmentally sound procurement policies by governments and international organizations supplement this. 2. Activities carried out, outputs and results
297. UNEP started to carry out a study on the effectiveness of liability regimes in the field of the environment aiming at environmentally responsible conduct in a globalizing world, including legal measures concerning risk management, the polluter-pays-principle and life-cycle economy approach. The scope of this study was adjusted with time to meet the needs expressed in the Montevideo Programme and in WSSD concerning the legal aspects of sustainable production and consumption patterns. 298. A proposal was made to UNEP GC22 for adoption, which related to undertake activities directed at the development of an international code of conduct designed to develop and apply means in law and practice to promote sustainable patterns of production and consumption, as well as environmentally and socially responsible conduct, and to submit a report thereon to the Governing Council at its twenty-third session. This decision was not adopted as proposed but UNEP was encouraged to continue with its work in this area. It is expected that at GC 23, a further way forward for the development and subsequent implementation of the international code of conduct as well as further measures for the promotion of sustainable production and consumption patterns and of corporate environmental and social responsibility and accountability will be reached. Extensive work on the issue
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of sustainable production and consumption patterns is undertaken within DTIE. Several other UN organizations and specific initiatives address this topic. 3. Challenges faced
299. The abovementioned provision was not adopted by the GC22. Therefore, it was felt that a redefinition of the scope of the activities to be carried out by UNEP in this context was necessary. Co- operation between the environmental law programme and UNEP/DTIE was also felt as essential in this area, therefore a common programme of work should be developed in order to effectively address the issue and prepare a comprehensive study. 4. Way forward for the rest of the decade
300. The different elements of this section of the MPIII should be addressed jointly by the legal divisions in UNEP and DTIE, as well as in co-operation with external organizations active in the field. A joint plan of work, taking into account the most recent developments in this area should be developed. 301. This should be undertaken also taking into account the cross-cutting nature of the topic, therefore any activity should be planned keeping into account work done in the following sectors: environmental liability; compliance and enforcement, trade and environment, human rights an d environment, pollution prevention and control. Q. Environmental emergencies and natural disasters
1. Objective, strategy and main activities
302. The objective of the field of environmental emergencies and disasters is to improve the ability of the international community to prevent and respond to environmental emergencies arising from man- made and natural disasters. The given strategy proposes the development of further laws and policies aimed at preventing man-made disasters and responding to and mitigating man-made and natural disasters. 303. Actions required to carry out this objective include the development and promotion of policies, laws and institutions to prevent man-made disasters, and respond to and mitigate man-made and natural disasters along with the promoting international cooperation in establishing mechanisms for disaster prevention and preparedness, including early warning systems for environmental emergencies. It is of importance to study the need for and feasibility of the development of legal frameworks for international cooperation, in particular at the regional level, addressing man-made and natural disasters and to collaborate with relevant bodies to address legal issues relating to the phenomenon of environmentally disruptive ocean currents, in particular the "El Niño" phenomenon. 2. Activities carried out, outputs and results
Workshop on national legislation and institutions for environmental disasters, Lesotho, February 2004.
304. The workshop brought together national experts involved in environmental legislation and regulations for environmental emergencies in 5 PADELIA project countries of central and Southern Africa. These countries in the SADC region included Malawi, Lesotho, Swaziland, Botswana and Mozambique, to exchange information, share experiences and lessons learned regarding environmental laws and institutional arrangements that focus on disaster prevention and risks reduction in order to strengthen national and regional Environmental Disaster management. 305. The workshop also served as a forum to sensitize and raise awareness on the inter-linkages between environmental degradation, disaster risks and vulnerability with an emphasis on the need for appropriate legislative and institutional frameworks for environmental emergency prevention, preparedness, response and mitigation at the national, sub-regional and regional levels. It further served to identify needs and gaps at the national and sub-regional levels and to adopt recommendations in the way forward in terms of environmental disaster management policy and law development, harmonisation and coordination as well as other relevant actions such as capacity building.
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306. Legal studies
· A legal study on international cooperation in dealing with aspects of environmental emergencies and natural disasters · A study on ways and means to strengthen the legal basis of the precautionary approach contained in the Rio Principles, with a set of policy options and recommendations, on the basis of consultative process. · Study commenced and progressing. Editorial work required · A study on the development of the Rio Principles since UNCED 1992 in Asian Pacific. · Study almost completed
3. Way forward for the rest of the decade
307. As result of the meeting, UNEP decide to develop a project proposal to fundraise in order to replicate similar workshops in other parts of Africa and regions of the world. 308. UNEP should assist financially the five counties in the development and modification of legal and institutional frameworks to incorporate fully environmental dimension in the management of natural and technological disasters affecting these countries and in strengthening national and community level coordination mechanisms through capacity building
R. Trade
1. Objective, strategy and main activities
309. The objective in the field of trade is to secure environmental protection objectives in international trade, investment and financial laws and policies in order to achieve sustainable development and the appropriate balance between trade and environmental objectives. T he strategy formulated to implement this objective proposes encouraging further the complementarity and mutual supportiveness of measures relating to environmental protection and international trade, investment and finance. 310. Actions required to implement t his objective involve identifying and promoting, through collaboration among governments, relevant organizations and civil society, legal instruments that integrate in a complementary and mutually supportive manner and identifying and promoting relevant organizations and civil society through collaboration with governments. Importance is placed on conducting studies to identify means of promoting optimal coherence between obligations under environmental and trade-related international agreements and on promoting and facilitating common international approaches to environmental problems as a means of anticipating and avoiding potential unilateral actions that could lead to environment and trade disputes 311. The actions cited also mention encouraging the resolution of trade disputes within the appropriate fora in ways that ensure the full and effective consideration of relevant environmental concerns and information, as well as transparency and public participation and assisting in developing the methodology for, and promote the implementation of, environmental impact assessments of investment and trade liberalization policies, particularly through capacity-building in developing countries and countries with economies in transition. Collaboration with private and public financial institutions, including export credit agencies, in the further development of guidelines and standards with respect to environmental impact assessment, public participation and environmental protection, for investments in developing countries are of further importance in realising the goals of the objective. 2. Activities carried out, outputs and results
Workshops and seminars
312. UNEP organized several seminars and workshops meant to better understand and analyze legal issues relating to trade and environment: · UNEP organized a retreat on the use of economic instruments in environmental law (Nairobi, Kenya, 28 October 2000). UNEP prepared a retreat in conjunction with the Meeting of Senior Government Officials Expert in Environmental Law (Montevideo
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Programme III, 23-27 October) on 28 October 2000. The retreat discussed economic instruments and environmental law. In preparing for this retreat, UNEP also provided a discussion paper on the subject. The discussion paper focussed on the use of economic instruments and comprised not only a brief historical review of the use of the economic instruments, but also introduced the main economic instruments currently in use, namely, charges, taxes, tradable permits systems, deposit-refund systems, non-compliance fees, performance bonds, liability payments and subsidies for environmental protection. In its final part, the discussion paper pointed out that the current economic instruments were mainly being provided for by national legislation and not as a result of international obligations.
The meeting, chaired by the Deputy Director of the Division of Environmental Policy Development and Law, attracted participants from different regions, with the attendance of delegates from Bahamas, Cuba, Guatemala, Sene gal, Seychelles, Suriname, Sweden and Togo. The discussions focused on the areas of law in need of economic instruments, the benefits thereof, and their feasibility in environmental law. The current national, regional and global debate on the impact of the trading system on the economy, environment and livelihoods of peoples was also considered during the debate. The need for economic instruments stems from the fact that many environmental regulations have not resulted in environmentally sound behaviour.
T he benefit of economic instruments is based on a belief that the market could be used to provide incentives to guide human behaviour. Consequently, economic instruments are increasingly being used. In this context it was noted that economic instruments were intended to merely complement regulations. The recommended actions suggested by the participants include a regional approach to facilitate national implementation. Other suggestions were the convening of workshops on the use of trade and economic instrum ents in environmental law, the possible compilation of country experiences, and the setting of an informal contact group.
· UNEP also held a Multi-stakeholder Regional forum to promote compliance and enforcement of MEAs, wider application of economic instru ments and broadening the scope of existing regimes for access to environmental information and access to justice, and public participation in decision-making in environmental matters.
· Seminar on Economic Reforms, Environment and Urbanism, Mexico City, 24-25 January 2002. The meeting was organized as part of the activities to be implemented by ROLAC's environmental law programme under the Mesoamerican Biological Corridor Project. The purpose of the event was to analyze the processes of the economic opening developed in Mesoamerica since the 1990’s and their relation to urbanization and environmental deterioration as a result of inadequate forms of land occupation and pollution caused by production processes
Multi-stakeholder forum on capacity building, pol icy and legal aspects of trade and environment
313. The forum was convened at the sixth global training programme on policy analysis and law (GTP6), which was held from 24 November to 5 December 2003 to deliberate on issues related in capacity building on lega l and policy aspects of trade and environment. The panel was composed of: Mr. Hussein Abaza, Prof. Jan Glazewsky, Ms. Prof. Daniel Magraw and Prof. Gregory Rose. Chair: Mr. Lal Kurukulasuriya. Rapporteur: Barbara Ruis. The Forum provided an opportunity for the participants and resource persons to provide suggestions on the capacity-building needs and possible responses in regard to the legal aspects of trade end environment within the framework of UNEP’s Environmental Law Programme. Participants in the Forum included all participants of GTP6, which represented over 50 countries. Legal Drafters’ Handbooks on Economic Instruments for Environmental Management
314. UNEP has undertaken to prepare a Legal Drafter’s Handbook on Environmental Law. The purpose of this legislative guidance document is to serve as an aid to policy makers and legal drafters, especially in developing countries and countries with economies in transition, which do not have easy
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access to comparative policy and legal materials on this subject. In addition, the document will provide the reader with the opportunity to obtain basic understanding of how other countries, both developed and developing, have shaped policy and institutions frameworks as well as legislation for the application of economic instruments for environmental protection, the sustainable use of natural resources and for integrating environmental considerations in development decision making. It should further assist legal drafters to turn governmental policy decisions relating to the incorporation of appropriate economic instruments as part of their environmental management policy into national legislation. Enhancing coordination and linkages among MEAs
315. In the context of IEG, UNEP contributes to enhancing coordination and synergies among MEAs in different ways, including through promotion of cooperation in the training of customs officials for MEAs with trade provisions, such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, the Convention on International Trade in Endangered Species of Wild Fauna and Flora and the Montreal Protocol on Substances that Deplete the Ozone Layer. Report on the environmental impact of economic policies in the Central American countries, under an MOU with ECLAC/Mexico
316. A report was prepared in 2001 on environmental impact of economic policies (e.g. trade liberalisation, deregulation, privatisation, increase primary exportation) in Central American countries. The report included proposals for alternative economic policy approaches to minimise negative environmental impacts (e.g. natural resource depletion and pollution). The report was published and widely distributed in the region during 2001 second semester in order to increase awareness of existing policy weaknesses and environmentally sound policy options. UNEP legal officer support
317. Legal officers in the various UNEP administered conventions secretariats regularly participate in WTO meetings. 3. Challenges faced
318. Co-ordination among divisions within UNEP is essential, in order to ensure co-operation between DTIE and DPDL as well as with UNEP offices dealing with trade and environment issues, such as those falling, within DEC and the convention secretariats’, trade related issues raised by MEAs. The partial lack of such co-ordination is now being overcome through jointly planned activities. A legal officer is being hired to work at DTIE. 319. At the national level, in particular, the use of economic instruments is not well understood, therefore there is a need to provide technical legal assistance in this field, with a view to promote practical understanding of the rational and use of such instruments. 4. Way forward for the rest of the decade
320. To promote the understanding of, and increase the capacity to deal with, the inter-linkages between international economic law, including trade law, and the environment in particular in developing countries and countries with economies in transition. 321. To improve the integration of environmental concerns into the evolving international norms and regulations on intellectual property rights. 322. To assist the competent international organisations in the elaboration of model rules and regulations concerning the relationship between foreign investors and host countries, including dispute settlement provisions, to ensure that environmental concerns are given due consideration. Plus increased cooperation within and outside UNEP with the relevant actors.
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S. Security and the environment
1. Objective, strategy and main activities
323. The objective in the area of security and environment is to encourage integration of the environmental dimension into traditional concepts of security. The offered strategy proposes encouraging the consideration of environmental issues in policies, law and institutions related to national, regional and global security. 324. Relevant actions to realise this objective include studying further the subject of the relationship between environmental protection and security issues and encouraging studies on the concept of security and the environment. 325. Activities carried out, outputs and results · 14-15 September 2000, Nairobi, Kenya. A brainstorming meeting was conducted on environmental impact of refugees settlement and flows in Africa · A report on the examination of the existing norms, principles and rules on security and the environment and assessment of the status of the integration of environmental dimension into traditional concepts of security as observed in policies, laws and institutions. · In August 2004, UNEP provided input to the United Nations Office on Drugs and Crime in response to the paper “Organized Crime and Corruption are Threats to Security and Development, The Role of the United Nations System” of April 2004, as endorsed by the Chief Executive Board of the United Nations in its meeting of 2-3 April 2004. This paper provides an overview of the nature, scope and impact of trans-boundary environmental crimes and the measures being taken to combat these at international, regional and national levels. Trans-national environmental crimes from 2000-2004 took place through the violation of major environmental agreements, often involving organised crime. Especially important in this context are large-scale violations of:
1. The Convention on Illegal Trade in Endangered Species of Wild Fauna and Flora 2. The Convention on Biological Diversity 3. The Convention on the Depletion of the Ozone Layer and its Montreal Protocol on Substances that Deplete the Ozone Layer 4. The Basel Convention on the Control of Trans-boundary Mov ement of Hazardous Waste and their Disposal
326. Other trans-national environmental crimes include large scale illegal logging of forests and illegal fishing in violation of global and regional agreements and national legislation. 327. These trans -national environmental crimes are a serious global security problem, causing grave environmental damage as well as long- term impacts on human life and well being, through illness, injury, death, extinction of wildlife species, pollution or destruction of the environment and resulting distortion of economies. A lot has been done to deal with loopholes that were causing these crimes to go up these include strengthening mechanism for enforcement and compliance of environmental laws and enhancing interstate co-operation. T. Military activities and the environment
1. Objective, strategy and main activities
328. The objective of the topic of military activities and the environment is to reduce or mitigate the harmful effects of military activities on the environment and to encourage a positive role for the military sector in environmental protection. The strategy offered proposes collaboration with governments and international organizations concerned in developing and promoting compliance with environmental protection norms relat ing to military activities so as to avoid and mitigate environmental damage. 329. Actions used to implement this objective include surveying, with the co-operation of States, application of environmental norms, standards and procedures to military activities and studying the adequacy of, and identify any gaps in, existing legal regimes in protecting the environment from
58 UNEP/GC.23/INF/10 military activities, including to what extent the rules on warfare are protective of the environment, to what extent international environmental obligations apply during times of armed conflict and to what extent the military sector complies with national and international environmental obligations during peacetime. 330. Other actions include the development and clarification of norms regarding the environmental impacts of military activities, in particular by reviewing the effectiveness of existing regimes for environmental protection with respect to military activities, reviewing existing codes of conduct, rules of engagement and manuals for armed forces to determine how they address environmental protection, and developing on that basis a model code of conduct or rules of engagement designed to reduce the likelihood of environmental damage through military activities and by exploring the feasibility of a general agreement for the protection of certain designated areas of natural and cultural heritage in times of armed conflict. 331. It becomes paramount to promote laws and policies that encourage consideration, in designing new weapons and military equipment, of their environmental effects throughout their life cycle, and to study the feasibility of developing legal mechanisms for mitigating damage caused by military activities. Of importance is undertaking actions to enhance legal and institutional capacity to prevent and reduce environmental damage from military activities, by developing opportunities for training for civil and military staff in the military establishments in the application of legal norms of environmental protection. 332. Activities carried out, outputs and results · A thorough post conflict assessment study such as that undertaken in Palestine, Afghanistan, Liberia, and Iraq etc, also included assessment on the effect of the conflict and recommendation for the legal and institutional framework in the post war countries. In response to these activities technical assistance was provided in Afghanistan to develop its environmental framework law. · A global survey report on the application of environmental norms by military establishments with recommendations and policy options, and a concept paper on international guidelines, on the basis of consultative meetings involving military and environment sectors. · The Post-Conflict Assessment Unit (PCAU) extends UNEP's work in areas of the world where the natural and human environment has been damaged as a direct or indirect consequence of conflict. (more information is provided at http://postconflict.unep.ch) · Technical legal assistance is being provided to countries that are recovering from war times. This means that in the provision of assistance we take into consideration the effects of war.
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Part III: Regional implementation
333. Outlined below are some examples of the activities carried out at regional level in implementing Montevideo Programme III. This section also includes a section on the challenges faced and the way forward for the rest of the decade.
VI. Implementation
A. Africa
Activity Date - Objective/output Target MP3 Areas covered Venue group area Status of 2001 This was a survey conducted on Africa African 7 Public participation Environmental law which produced a report on the status of countries & access to in Africa the ratification of Environmental information. conventions by African countries, a compilation list of African countries that have adopted framework environmental laws, environmental impact assessment laws and have fully fledged environmental institutions. Application of Rio 4-5.6.03 The objective of the meeting was to African 2, 7 Capacity building, Principle 10 enhance the application of the Rio experts Public participation Principles 10 on Access to Information, and access to Public Participation and Access to information Justice Regional Needs - 11.10.03 Assessment and Planning E & W 2, 6 Capacity building Assessment African Ch Harmonisation and Nairobi, Justices coordination Kenya
Needs- 7-9.12.03 Needs-Assessment and Planning Southern 2, 6 Capacity building Assessment and Meeting African Ch Harmonisation and Planning Meeting Jo’burg S Justice S coordination Africa Africa
Framework 2003 Scoping mission has been sent upon Central 1, 2 Implementation, environmental law request by the Government to provide African compliance and Bangui, C assistance for the development of a Republic enforcement African framework environmental law. The follow Capacity building Republic up activities are planned for 2004 Implementation of 4.7.00 Mission on technical assistance in Chad 1, 2 Implementation, framework Law drafting national regulations aimed at compliance and Ndjamena implementation of framework Law No. enforcement Chad 14/PR/98 Capacity building
Updating 2003 A scoping mission has been sent upon Congo 1, 2 Implementation, framework Brazzaville, request by the Government to provide compliance and environmental law Congo assistance for updating the existing enforcement framework environmental law. The follow Capacity building up activities are planned for 2004 Updating of 2003 A scoping mission has been sent to Gabon 1, 2 Implementation, environmental Libreville, upon request by the Government to compliance and legisl ation Gabon provide assistance for the updating of enforcement the existing environmental legislation. Capacity building The follow up activities are planned for 2004 Three-week 16.7-5.8.00 The Lusaka Agreement Task Force Kenya 2 Capacity building training course organised a three-week training course wildlife law enforcement for African wildlife officers in Kenya.
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Activity Date - Objective/output Target MP3 Areas covered Venue group area Review of existing 2001 A Memorandum of Understanding was Liberia 1, 2 Implementation, environmental finalised between UNEP and the compliance and legisl ation Government of Liberia for a project to enforcement review the environmental laws and Capacity building institutional arrange-ments in Liberia. Under the MoU it was agreed that: The Ministry of Environment of Liberia shall establish a National Legal Working Group (NLWG) for the review of existing environmental legislation and institutional arrangements for the management of the environment and natural resources of Liberia and the preparation of a draft report including recommendations for legal reforms. The Ministry shall also establish a National Task Force (NTF), which is mandated to give guidance and to supervise the work of National Legal Working Group (NLWG) engaged to implement activities related to the development of Environmental Legisl ation in Liberia. The Ministry shall organise a National Consensus Building Workshop in Monrovia to discuss the results of the aforementioned activities. UNEP supported the organisation of a national consensus workshop. In addition to providing some funding, for specified activities, UNEP would supervise and backstop the work of the National Legal Working Group in achieving its objectives. National 5-13.6.01 A project for UNEP/UNDP/Government Niger 1, 2 Implementation, conse nsus- Niamey, collaboration in Environmental compliance and building workshop Niger Legislation in Niger was developed. The enforcement on the Draft project aimed to develop implementing Capacity building Framework regulations for the Framework Environment Bill Environmental Law and national Niger application of selected international environmental agreements ratified by Niger Government including Conventions on Biological Diversity, Climate Change and Desert ification. Environmental laws under the project commenced in November 2000; ELB mission was undertaken to assess progress and prepare a revised work plan of activities; Meetings were held with Government officials, and Inter- ministerial Committee, the Project Coordinator and UNDP officials and was satisfactory and produced 17 draft decrees and reports. Two Consensus building workshops to discuss activities were undertaken to the end of project. A revised work plan was prepared and agreement of all partners for the period June 2001- June 2002 Implement Jan 2000 UNEP and FAO provided technical Nigeria 1, 2 Implementation, environmental law assistance to the Federal Ministry of compliance and activities Environment to implement enforcement environmental law activities. Capacity building Government to draft new Nigerian Environmental Protection Act 2000
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Activity Date - Objective/output Target MP3 Areas covered Venue group area Environmental 2000 Kigali, MoU between UNEP and Government of Rwanda 1, 9 Implementation, legislation Rwanda Rwanda was signed and discussions compliance and held with authorities on modalities of the enforcement -
development of Environmental innovative Legislation approaches to environmental law
Implementation, 24.2 - 3.3.01 compliance and
enforcement 1, 2 Capacity building Activities under MoU included review of existing legislation & institutional regimes and drafting a framework law under guidance of Enviro nmental Law Branch of DPDL; Mission to Rwanda was undertaken. Guidance was provided on preparation of report on review of existing environmental policy, legislation and institutions under the project. A presentation was made on overview of main elements of a Framework Environmental Law. Several UNEP publications in Environmental Law and copies of Framework Laws recently adopted by African countries were provided to the Ministry for the use of Steering Co mmittee; A work plan for schedule of activities for preparation of the Framework Environmental Law was prepared and finalised in liaison with Ministry of Lands, Human resettlements and Environmental Protection of Rwanda. National training 1/04 First national training workshop for Training 1, 2, 6 Implementation, workshop Jo’burg, S. Judges South compliance and Africa African enforcement Judges Capacity building
Needs 2001 A needs assessment mission was Togo 1, 2 Implementation, assessment undertaken to develop environmental compliance and mission laws of Togo. Togo adopted the National enforcement Environmental Action Plan (NEAP) and Capacity building was in the process of adopting the new Environmental Policy/Strategy. The World Bank assisted Togo in the development of environmental laws and regulations within the fram ework of a project on strengthening the legal environmental capacity of Togo. The Environmental Law Branch of the Division of Policy Development and Law of UNEP provided legal advice within the framework of the World Bank project. Judicial 11-14.5.03 Judicial Symposium on Environmental Training 1, 2, 6 Implementation, Symposium Entebbe Law and Procedure in Uganda, held at Ugandan compliance and Uganda the Imperial Botanical Beach Garden, judges enforcement Capacity building - Harmonisation and coordination
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B. Asia and the Pacific
Activity Date - Venue Objective/output Target MP3 Areas covered group area ASEAN 31.1 - The main objective was to develop a 10 Senior 1, 2, 6 Implementation, Environmental 1.2.00, background document on national policy Environ- 15. compliance & Lawyers Bangkok, and legislation relating to haze pollution. mental Legal enforcement; Workshop on Thailand Experts from Capacity National Policy ASEAN building; and Legislation The document that was produced countries Harmonisation & relating to following the workshop, was meant to coordination; Transboundary assist in the negotiation of an ASEAN Pollution Haze Pollution. Transboundary Haze Agreement prevention and control
UNEP/UNITAR/ 20 - 24.3.00, Practical ways to implement biodiversity- 40 Thai govt 1, 2, 5, Implementation, UNESCO Chiang Mai, related conventions following an adm, NGOs 6 and compliance and Southeast Asian Thailand ecosystem-based approach to & officials of 14. enforcement; Training environmental management at national India, Capacity- workshop on the and regional level. Also, review of the Bhutan, building; application of issues before COP of the Biodiversity Nepal, Sri Strengthen and Multilateral Convention held in Nairobi in May, and Lanka, develop; Agreements an overview of Cartegena Protocol on Bangladesh Environmental related to Biosafety. Pakistan, law; biological Cambodia Harmonization diversity Handbook on the Implementation of Lao PDR, and coordination Biodiversity-related Environmental China, Biological Conventions produced. Indonesia diversity Vietnam
2nd South Asian 4-6.4.00, Review the national reports on the status Lawyers 1 and Implementation, Environmental Kandalama, of environmental legislation in the from South 6. compliance and lawyers Meeting Sri Lanka region. Asian enforcement; countries. Harmonisation The result is the Comprehensive outline and coordination for national reports and thereby the further strengthening of environmental legislation in South Asian countries. National 1-4.5.00, The objective was to develop a decree Senior 1, 5, 6 Implementation, Workshop to Vientiane for the implementation of the Water government and 10 compliance and Formulate Lao PDR Resources Law. participants enforcement; - Legislative from the Strengthen and Policy for the The result from this workshop was an relevant develop; enviro- Development of agreement on the contents of the draft Ministries nmental law; the Water law and an implementation Decree that and Harmonisation & Decree in LAO incorporates transboundary issues, Agencies. coordination; PDR. especially in context of the Mekong Freshwater River. resources The objective was to develop a decree for the implementation of the water resources law. UNEP 19-23.6.00, The objective was to provide insights Env. 1, 5, 6, Implementation, Collaboration Bangkok, into contemporary approaches to inspectors, 9 compliance and with the World Thailand environmental licensing, monitoring and prosecutors, enforcement; Bank Institute to inspection, and to promote the police & Strengthen and organise the reinforcement of national legal regimes custom develop; enviro- Asian Workshop to incorporate these approaches, as officers from nmental law; on appropriate. several Harmonisation & Environmental Asian coordination Compliance and The results from this workshop were countries. Innovative Enforcement recommendations for strengthening approach to env. national legal regimes, aiming therefore law to strengthen compliance and enforcement regimes and mechanisms Northeast Asian 3-4.7.00, The objective was to develop a long- Northeast 1, 5, 6, Implementation, Workshop on Seoul, term work programme to promote sub- Asian 7, 8, compliance and Environmental regional cooperation in the Northeast enforcement; -
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Activity Date - Venue Objective/output Target MP3 Areas covered group area Law and Policy Korea Asian countries on legal, policy and Countries. 14, 15 Strengthen and institutional aspects of air pollution, develop; enviro- energy and biodiversity. nmental law; Harmonisation & A draft long-term work programme was coordination; put out following the workshop. Public The expected results are participation and recommendations adopted by Meeting of access to; Senior Government Officials, the apex information; body of NEASPEC. Inform ation technology; Biological diversity; Pollution prevention and control South Asian 13-14.7.00 The objectives were: South Asian 1, 5, 6, Implementation, Forum on New Delhi, Countries 18 compliance and Promoting India 1) To develop a long-term South Asi an enforcement; Environmental regional cooperation programme for Strengthen and Co-operation promoting Government- private sector develop; Env. between cooperation in the area of environment law; Government & in selected areas. 2) To obtain South Harmonisation the Private Asian inputs to the 2000 Ministerial and Sector Conference on Environment and coordination; Development in Asia and the Pacific. Trade Output: Recommended a series of actions to be taken to strengthen South- South cooperation in the area of environment and development. Expected results: Strengthening Private –Public Partnership in the region in the area of environment and development. Legal Assistance 20-1.7.00 The objective was to obtain inputs to the 4 National 1, 2 Implementation, on National Bandar Seri development of a new environmental experts from compliance and Environmental Bhagawan, law. Brunei. enforcement; Law Brunei Ca pacity building Draft law and regulations were put out, with the expected result likely to be new environmental law for Brunei. National Jul - Aug The objective was to enable national Participants 1, 2, 7, Implementation, Workshops on 2000 experts to get a better insight into the from 15 compliance and Clean complex economic dimensions of the Bangladesh enforcement; Development Kyoto. The result of this workshop was Indonesia, Capacity Mechanisms the training of national experts in CDM, Malaysia, building; Public which essentially means that the Nepal, participation and implementation of CDM is strengthened. Pakistan, access to Philippines, information; Republic of Pollution Korea, Sri prevention and Lanka, control Thailand & Vietnam. Regional 25-8.2.01 To Examination of the existing global ASEAN and 1, 2, 5, Implementation, meeting on and regional activities with regard to South 6 compliance and International Malaysia International Environmental Pacific enforcement; Environmental Governance. countries. Capacity Governance building; Output: Two case studies on Strengthen and opportunities for using synergies and develop; inter-linkages to enhance compliance Environmental and enforcement law; Expected results: Improvement of MEA Harmonisation implementation and coordination Negotiation of an 2001, The objective was to provide legal 1, 2, Implementation, ASEAN Jakarta, advice, guidance and financial support to 15 compliance and Transboundary Indonesia facilitate the three sessions of ASEAN enforcement; Haze Pollution Intergovernmental Negotiating Capacity Committee negotiations on building;
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Activity Date - Venue Objective/output Target MP3 Areas covered group area Agreement Transboundary Haze Pollution Pollution Agreement. A draft agreement was prevention and accomplished, with the expected result control being an ASEAN Transboundary Haze Agreement. Private Sector 7-8.6.01, Objective: Identify pro ject areas to Private 1, 6, Implementation, Seminar on Singapore promote research and initiatives for sector 18 compliance and Emission implementing CDM. companies enforcement; Trading and in the Harmonisation CDM Output: recommendations for region. and cooperation. Expected results: coordination; strengthened private sector role. Trade Workshop on 28-31.5.01, The objective was to promote Shanghai 1, 15 Implementation, Strengthening Shanghai enforcement of national legislation for enforcement compliance and Environmental China pollution control and implementation of officers enforcement; Compliance and MEAs. Recommendations resulted from Pollution Enforcement in the workshop with the expected result prevention and China being strengthened implementation of control. MEAs. Workshops on 18-22.6.01, Objective: Promote enforcement of National 1, 2, Implementation, Environmental New Delhi; national legislation for pollution control experts 15 compliance and Compliance and 24-8.6.01 and implementation of MEAs and the enforcement; Enforcement in Chennai, role of judiciary in enforcement of Capacity India India environmental law. building; Pollution Output: recommendations. Expected prevention and results: strengthened implementation of control MEAs. National Judges 31.1.01, Objective: To sensitise national Judges from 1, 2, 6, Implementation, Forum on Bangkok, judiciaries to developments in Thailand. 7 compliance and Environmental Thailand environmental law, which was one of the enforcement; Law and principal recommendations of both the Capacity Sustainable South Asian Judges Symposium (1997), building; Development and the South East Asian Judges Harmonisation Symposi um (1999). and coordination Public Output: Platform for exchange of participation and information on environmental law in access to environment, environmental challenges information. in Thailand and status of Thai environmental law established. Enhanced awareness of the judiciary in Thailand. National 2000, The objective was to provide legal National 1, 2 Implementation, Workshop Mongolia advice for the development of Legal compliance and environmental law in Mongolia. A Draft Experts enforcement; Natural Resource Management Law was Capacity building the outcome. It is therefore expected that Natural Resource Management Law will be implemented in Mongolia National Oct 2000, The objective was to provide legal National 1, 2, 5 Implementation, Environmental Brunei advice to incorporate the outcome of the Legal compliance and Law National Review Workshop in the draft Experts enforcement; legislation. It resulted in draft legislation. Capacity It is expected that National building; Environmental law will be implemented Strengthen and as a result. develop; Environmental law UNEP Meeting 1.2.01, The objective of this meeting was to 1, 2, 5, Implementation, of Eminent Bangkok, establish a Panel of Eminent Judges to 6 compliance and Judges to Thailand provide guidance and direction to the enforcement; promote Judges proposed National Judges Seminars to Capacity Training be convened by UNEP in Asian building; countries. The outcome was the Strengthen and establishment of a Panel of Eminent develop; Judges. It is expected that there will be Environmental more guidance and direction on the role law;
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Activity Date - Venue Objective/output Target MP3 Areas covered group area of the judiciary. Harmonisation and coordination National 2001, Lao Objective: To provide legal advice in the National 1, 2 Implementation, Environmental PDR development of national legi slation and Legal compliance and Law regulations. Experts enforcement; Capacity building Output: Draft legislation and regulations. National environmental law and regulations. Seminar on 20-21.7.01, To present the UNFCCC and the Kyoto Selected 12, 13, Soils; Forests; Current Manila, Protocol with reference to the on-going countries 18 Trade International Philippines negotiations on land-use, land-use from Asia Issues affecting change and forestry. Also, how the Pacific. Forestry and outcome of the negotiations at COP 7 Forest Products will affect the forest industry. Output: Agreement to develop a regional forestry project for funding by the Global Environment Facility (GEF). Regional project. Translation of 2001 The objective of this action was to 1, 2, 5, Implementation, the “UNEP’s translate “UNEP’s Environmental Law 6, 7, 9 compliance and Environmental Training Manual” into four Asi an enforcement; Law Training Languages – Chinese, Laotian, Khmer Capacity Manual” into and Vietnamese. As a result, the building; Four Asian manuals were translated into four Strengthening Languages languages and it is therefore expected and that there will be an enhanced development of awareness in environmental law international environmental law; Harmonisation and coordination Public participation and access to info- rmation; Innovative approaches to environmental law International 3-8.10.01, Objective: To provide a platform for an in International 2, 5, 6, Capacity Conference on New Delhi, depth interaction among the international law 7, 9 building; Environmental India law practitioners, teachers and practitioners, Strengthening Law in the New researchers from around the world on teachers, and Millennium problems and challenges of the new and development of millennium in the field of environmental researchers international law. environmental law; Output: Discussion on the efficacy and Harmonisation effectiveness of the international legal and and regulatory framework in dealing with coordination, these global issues. The expected Public results are likely to be participation and recommendations. access to info- rmation; Innovative approaches to environmental law 1st ASEAN/ 17-22.9.01 The objective of this workshop was to ASEAN 1, 2, Implementation, UNEP Workshop Malaysia identify the needs of the ASEAN Member 15, 16 compliance and for the Effective member countries for the countries enforcement; Implementation implementation of the three M EAs. Capacity of Global Recommendations to strengthen legal building; Chemical and and institutional arrangements in ASEAN Pollution prev- Hazardous countries for implementation of MEAs ention and Waste Conv were put out. The expected result is the control; strengthened implementation of MEAs. Production con- sumption
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Activity Date - Venue Objective/output Target MP3 Areas covered group area patterns Judges/Multi- 21-24.10.01, Objective: To promote multi -stakeholder Judges / 1, 2, 6, Implementation, Stakeholder Hanoi, participation in strengthening compliance other 7 compliance and Workshop on Vietnam and enforcement of environmental stakeholders enforcement; Environmental policy, regulations and MEAs; from Capacity Law Vietnam. building; Output: The judiciaries called for access Harmonisation to inform ation and material on and coordination environmental law and jurisprudence to Public be disseminated with the help of UNEP. participation and The Vietnamese transl ation of the access to “UNEP Compendium of Summaries of information. Decisions in Environment-Related Cases” was launched Expected results: Enhanced awareness amongst the participants particularly the judiciary to the potential for promoting better enforcement of regulation and conventions. Judges/Multi- 24-27.10.01, Objective: To promote multi -stakeholder Judges / 1, 2, 6, Implementation, Stakeholder Phnom participation in strengthening compliance other 7 compliance and Workshop on Penh, and enforcement of environmental stakeholders enforcement; Environmental Cambodia policy, regulations and MEAs; from Capacity Law Cambodia. building; Output: The judiciaries called for access Harmonisation Cambodia to inform ation and material on and coordination environmental law and jurisprudence to Public be disseminated with the help of UNEP. participation and The Khmer translation of the “UNEP access to Compendium of Summ aries of Decisions information. in Environment-Related Cases” was launched at this Seminar; Expected results: Enhanced awareness amongst the participants particularly the judiciary to the potential for promoting better enforcement of regulation and conventions. Regional 12-14.12.01, The objective was to inform and raise The Seminar 1, 2, 5, Implementation, Seminar on Bangkok, awareness among the participating involved 14 6, 7, 8 compliance and Public Thailand Asian States of the existing international Asian enforcement; Participation, and national laws relating to the Aarhus countries, Capacity Access to principles and to duplicate this with a building; Justice and information in their own State. This government Strengthening Access to Identified mechanisms for strengthening, official and and Information in implementing and enforcing related one other development of Environmental national policy, legal and institutional representati international Matters regimes. It is therefore expected that ve from environmental legal and institutional regimes will be each State. law; strengthened. Harmonisation and coordination Public participation and access to information; Information technology National 15- Objective: To examine different areas, Judges, 1, 2, 5, Implementation, Seminars on 16.10.01Viet with emphasis on providing an overview legal 6, 7 compliance and Environmental nam; 18 – of growing national practices in the officers, enforcement; Law for Judges, 19.10.01, region and beyond. enforcement Capacity Lawyers, Cambodia; officers, building; Enforcement 22- Output: Recommendations for academia, Strengthening Officers, and 23.10.01Lao strengthening the compliance and private and Others PDR enforcement of environmental law. sector, civil development of Expected results: Strengthened society international 25-6.10.01, organisation environmental Myanmar compliance and enforcement of environmental law. s and other law; stakeholder Harmonisation and coordination
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Activity Date - Venue Objective/output Target MP3 Areas covered group area Public participation and access to information. National 2001, The objective was to forge a broad Indonesia 1, 2 Implementation, workshop Indonesia national consensus on the policy and compliance and institutional parameters of a new enforcement; Indonesian Natural Resource Capacity building Management Act. Consultations on the draft of the Natural Resource Management Act were put out and it was expected that a draft Act would result. Adoption of the 10.6.02, The objective was to adopt the ASEAN 1, 15 Implementation, Transboundary Kuala Transboundary Haze Pollution countries compliance and Haze Pollution Lumpur, Agreement. ASEAN member countries enforcement; Agreement Malaysia agreed on a set of interim arrangements Pollution using existing institutions and resources prevention and including to conduct cross-border fire control and haze disaster simulation exercises and to test regional preparedness for coordination, communication, and disaster relief, which are the key elements of the agreement. The expected result of this was to be the adoption of the agreement. Pacific Judges’ 4-8.2.02, Objective: Capacity building for the Federated 1, 2, 7 Implementation, Symposium on Brisbane judiciary, concentrating, on the role of States of compliance and Environmental Australia the judiciary in this context, and on Micronesia, enforcement; Law and access to justice and information and Fiji, Kiribati, Capacity Sustainable public participation. Marshall building; Public Development Islands, participation and Output: Adoption of a statement of Palau, access to conclusions and recommendations Samoa, information including the identification of an Solomon institution in Queensland that could Islands, serve as a regional centre for capacity- Tonga building in the field of enviro nmental law Vanuatu and MEAs for the benefit of the Pacific. Expected result: Strengthening the role of the judiciary in the field of environmental law in Pacific Island States. National 2002, The objective was the formulation of National 1, 2 Implementation, environmental Indonesia Natural Resources Management Act. A legal experts compliance and legislation draft act was the expected result enforcement; Capacity building National 4-5.4.02, The objective of the workshop was 30 judges 1, 2, 5 Implementation, workshop on Luang Capacity building in environmental law. and senior compliance and compliance and Prabang, The expected result from the workshop government enforcement; enforcement Lao PDR was increased implementation, officials from Capacity compliance and enforcement of several building; environmental law in areas like access provinces in Strengthening to justice, sustainable development. Lao PDR. and development of international environmental law NE Asian 15-17.5.02, The objective was to promote Countries 1, 6 Implementation, workshop on Beijing, compliance and enforcement of MEAs. from compliance and compliance and China Recommendation for compliance and Northeast enforcement; enforcement enforcement of MEAs were put forward Asia Harmonisation and it was expected that this would and coordination result in strengthened compliance and enforcement of MEAs in Northeast Asia. Kagawa 13-15.12.02, The objective was to enhance National 1, 2, 5, Implementation, University Kagawa, awareness in environmental law. experts and 7 compliance and annual Japan academics enforcement; symposium on Capacity
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Activity Date - Venue Objective/output Target MP3 Areas covered group area environmental from Japan. building; law Strengthening and development of international environmental law; Public participation and access to informati on National 1-5.4.03, Objective: Assist Indonesia in the National 1, 2 Implementation, environmental Jakarta, development and implementation of experts in compliance and law Indonesia environmental law. drafting the enforcement; Natural Capacity building Output: Consultations and work plan for Resource assistance in drafting the Natural Managemen Resource Management Act t Act. Expected results: Draft Act completed. Bangkok 17-18.6.03, Objective: Draw up a needs-responsive 15 Chief 1, 2, 5, Implementation, Justices Meeting Bangkok, plan of activities at national and regional Justices, 6 compliance and Thailand levels for the capacity building for and senior enforcement; Judges and other legal stakeholders of Judges from Capacity the countries of the Mekong Region the Mekong building; Region: Strengthening Output: The Bangkok Statement for Cambodia, and implementation of recommendations for Lao PDR, development of the Capacity Building of the Judiciary at Myanmar, international National Level Thailand environmental Expected results: Strengthened capacity and law and role of the judiciary for effective Vietnam. Harmonisation compliance of environmental law. and coordination Asia-Pacific 14-19.9.03 The objective was to obtain inputs and Fifty 1 Implementation, Regional Colombo Sri feedback from the countries of the participants compliance and Workshop on Lanka region for enhancing the quality of the from twenty enforcement compliance with Draft Manual on the UNEP Guidelines countries and enforcement on Compliance with and Enforcement of from Asia of MEAs MEAs. The purpose was so as to and Pacific. enhance quality of the manual by adding comment and inputs.
National 5-6.10.03, Objective: Assist Kazakhstan in the Vice 1, 2 Implementation, environmental Almay, development and implementation of Ministers at compliance and law Astana, environmental law. the Min of enforcement; Kazakhstan Environment Capacity building Output: Recommendations and work , Supreme plan for UNEP assistance in developing Court environmental law of Kazakhstan. members, Expected results: Draft framework parliamentar environment law. ians, and NGOs
Workshops on 8-10.10.03, Objective: Discuss issues of national 45 delegate 1, 2, 5, Implementation, Environmental Astana, environmental policy, law and the inc 3 Vice 6 compliance and Policy, Law and Kazakhstan emerging environmental issues and Ministers of enforcement; Sustainable trends in environmental legislation to Environment Capacity Development facilitate legal and institutional reforms in , Parliament building; the context of sustainable development representati Strengthening ves, senior and Output: Recommendations for officials from development of environmental law and institutional the international reform. Ministries of environmental Expected results: Adoption of Environment law; recommendations , Energy, Harmonisation Mineral and coordination Resources, Agricultural, Industry, Healthcare.
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Activity Date - Venue Objective/output Target MP3 Areas covered group area Draft ASEAN 14-18.10.03, Objective: Discussion of the Agreement. Delegates 6, 14 Harmonisation Framework Manila, from Brunei, and Agreement on Philippines Output: Agreed draft text. Cambodia, coordination; Access to Expected result: Finalisation of the Indonesia, Biological Biological and Agreement. Lao PDR, diversity Genetic Malaysia, Resources Philippines, Singapore, Thailand & Vietnam.
First 27 – Objective: To build national capacities 36 1, 5, 6, Implementation, UNEP/ESCAP 31.10.03, towards the implementation of MEAs on participants 14 compliance and workshop on Bangkok, Biodiversity and Natural Resources. from 24 enforcement; MEAs on Thailand countries Strengthening Biodiversity and Output: Recommendations for national within Asia and Natural level implementation of MEAs. Pacific. development of Resources Expected result: Strengthened capacity international for implementation of MEAs. environmental law; Harmonisation and coordination Biological diversity ASEAN Nov 2003 Objective: ASEAN Agreement on ASEAN 1, 5, 6, Implementation, Agreement on Transboundary Haze Pollution entry into Countries 15 compliance and Transboundary force enforcement; Haze Pollution Strengthening Output: The Agreement entered into and force in November 2003. development of Expected result: Commitment of the international countries and preventing the effect of environmental haze pollution. law; Harmonisation and coordination; Pollution prev- ention & control Asian Justices 18-19.11.03, Objective: Capacity building of the Thai 70 1, 2, 7 Implementation, Forum on the Bangkok, judiciary, concentrating on its role for participants compliance and Environment Thailand compliance and enforcement of including enforcement; environmental law, and on access to Judges from Capacity justice and information and public various building; Public participation. courts of participation and Thailand. access to Output: Recommendations for Resource information strengthening the capacity of the Persons judiciary. included Expected result: Strengthening capacity Judges from of the Thai judiciary for enforcement of USA, India, environmental law. Indonesia and Philippines Pacific Island 15-17.12.03, Objective: To asses the specific judiciary Chief 2 Capacity building Chief Justices Auckland capacity building needs of the Island Justices and Regional Needs- New states. the senior Assessment and Zealand Justices Planning Output: Auckland Statement highli ghting from 13 Meeting the need for strengthening the capacity Pacific of the judiciary at national level in the Island Pacific Island states. States Expected results: Strengthened capacity participated: of the judiciary in the Pacific Island Cook states for enforcement of environmental Islands Fiji, law. Kiribati Micronesia, Nauru, Niue, Palau, Papua New Guinea,
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Activity Date - Venue Objective/output Target MP3 Areas covered group area Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu National 11-12.3.04, Objective: To enhance capacity building 50 1, 2, 3, Implementation, Workshop on Phnom on enforcement of environmental law participants: 5, 6 compliance and Environmental Penh, and capacity of officials to prepare high officials enforcement; Law Cambodia complaints and cases in a manner to from the Capacity Enforcement for avoid or lessen the attempts of criminals Ministry of building; Park Rangers to escape conviction. Environment Prevention and and Justice, mitigation of Output: Recommendations for effective park rangers environmental enforcement of laws and regulations and 17 damage; relating to National Parks. prosecutors. Strengthening Expected results: Enhanced and enforcement capacity. development of international environmental law; Harmonisation and coordination National Judges 6-7.5.04, Objective: Capacity Building of 60 judges in 1, 2 Implementation, Meetings Hanoi, Judiciaries in Vietnam and Cambodia Vietnam, 45 compliance and Vietnam Judges in enforcement; Output: Recommendations Cambodia. Capacity building 10-11.5.04 Phnom Expected results: Strengthening of the Penh, role of the judiciary for compliance and Cambodia enforcem ent of environmental law. Regional 21-24.6.04, Objective: Judiciary Capacity Building Countries 2 Capacity building Workshop on the Bangkok, from East Role of Judiciary Thailand Output: Recommendations for Asia in Sustainable strengthening judiciary capacity building. Development in Expected results: Strengthened judiciary East Asia capacity building. South Asian 21-25.6.04, Objective: Judiciary Capacity Building Countries 2 Capacity building Judicial Kathmandu, from South Interaction on Nepal Output: Recommendations for Asia Environmental strengthening judiciary capacity building. Justice and Expected results: Strengthened judiciary Equity capacity building. Environment Apr 04 – Objective: To assist in the negotiation of GMS, CAR 1, 2, 5, Implementation, Treaty/Agreeme Mar 05 the treaty/agreement. and South 6 compliance and nt for the sub- Asia enforcement; regions (GMS, Output: Draft Agreement. Capacity CAR, South Expected results: Finalisation of the building; Asia) Agreement. Strengthening and development of international environmental law; Harmonisation and coordination Kazakhstan Aug-Sep Objectives: Judiciary Capacity Building Judges from 2 Capacity building Judges 2004, Kyrgyzstan, Conference Astana, Output: Recommendations for Tajikistan, Kazakhstan strengthening judiciary capacity building. Turkmenista Expected results: Strengthened judiciary n, capacity building in Central Asian Uzbekistan countries. and Russia Implementation Jul 04 – Mar Objectives: To discuss ways and means Experts from 1, 2 Implementation, of MEAs in the 2005 for effective implementation of MEAs in Mekong compliance and Mekong Region the Mekong countries. region enforcement; (GMS) Capacity building Output: Recommendations for effective
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Activity Date - Venue Objective/output Target MP3 Areas covered group area implementation of MEAs. Expected results: Strengthened capacity for implementation of MEAs Regional Jul-Dec 04, Objectives: Capacity Building in Experts from 2 Capacity building Training Tianjin, environmental law and policy. Asia Pacific Programme in China Environmental Output: Recommendations for Law and Policy strengthening capacity building. Expected results: Strengthened capacity building. Workshop on Jul – Sep 04 Objective: To analyse existing laws and Cambodia 5, 15 Strengthening Compliance and regulations and air pollution and Enforcement of Cambodia development of air pollution laws Output: Recommendations for international environmental law reforms. environmental Expected results: Strengthened legal law; Pollution regimes on air pollution. prevention and control National Oct 04 – Objective: Assistance in drafting national Indonesia 1, 2, 6 Implementation, environmental Dec 05 environmental legislation. compliance and law enforcement; Output: Recommendations for Capacity environmental law reforms. Expected building; results: Draft law Harmonisation and coordination National Jul 04 – Dec Objective: Assistance in drafting national Tonga 1, 2, 6 Implementation, environmental 05 environmental legislation. compliance and law enforcement; Output: Recommendations for Capacity environmental law reforms. Expected building; results: Draft law Harmonisation and coordination National Judges Jul – Dec Objective: Judiciary Capacity Building 50 Judges 2 Capacity building Meeting 04, from Lao Output: Recommendations for PDR Lao PDR strengthening judiciary capacity building. Expected results: Strengthened judiciary capacity building in Lao PDR. National Judges Jul 04 – Dec Objective: Judiciary Capacity Building 50 Judges 2 Capacity building Meeting 05, from Kyrgyzstan Output: Recommendations for Kyrgyzstan strengthening judiciary capacity building. Expected results: Strengthened judiciary capacity building in Kyrgyzstan. National Judges Jul 04 – Dec Objective: Judiciary Capacity Building 50 Judges 2 Capacity building Meeting 05, from Tajikistan Output: Recommendations for Tajikistan strengthening judiciary capacity building. Expected results: Strengthened judiciary capacity building in Tajikistan
C. Europe
Activity Date - Objective/output Target MP3 Areas covered Venue group area Participation in May 15-16 National and Regional capacity building Capacity building; and support 2003, Lviv Programmes Strengthen and provided to the Chief develop; To advance the implementation of the Justices and Need World Summit on Sustainable Environmental Assessment Senior law; Development (WSSD) Johannesburg Judges from Regional Plan of Implementation, insofar as it Harmonisation Conference For relates to the role of the judiciary in Armenia, and Chief Justice of achieving sustainable development and Azerbaijan, coordination; Countries on the UNEP Global Judges Symposium, Belarus, public Training of and to carry out a regionally based Bulgaria, participation and Judges and access to
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Activity Date - Objective/output Target MP3 Areas covered Venue group area others Legal needs assessment to guide future Georgia, information Stakeholders in regional and national programmes for Kazakhasta NIS & Eastern capacity building initiatives. n, Europe The meeting served as a Symposium on Kyrgystan, Environmental Law and a forum to Moldova, formulate needs-responsive national, Tajikistan, sub-regional and regional activities for Ukraine, the implementation of the outcome of the Uzbekistan UNEP Global Judges Symposium on Sustainable Development and the Role of the Judiciary, within the framework of the UNEP Governing Council decision 22/17(II A). Output: the Chief Justices and Judges unanimously adopted the Lviv Statement with the following conclusions and recommendations:- They endorsed the Johannesburg Principles on the Rule of Law and Sustainable Development adopted at the UNEP Global Judges Symposium held in Johannesburg on 18-20 August 2002, which were presented to the World summit on Sustainable Development (WSSD) as a contribution to the deliberations at the WSSD. Workshop on March 22-25 Acquainting government officials and Armenia, Capacity building; Compliance and 2004, Kiev, other stakeholders in EECCA nations Azerbaijan, Strengthen and Enforcement of Ukraine with the UNEP and the UNECE Belarus, develop; the International Guidelines. The Guidelines are advisory Bulgaria, Environmental and Regional in nature and comprise a "tool box" of Georgia, law; Conventions and approaches for promoting compliance Kazakhasta Harmonisation Treaties (MEAs) with and enforcement of MEAs. The n, and coordination; in EECCA workshop obtained feedback on the draft Kyrgystan, Innovative Manual that UNEP has developed to aid Mol dova, approaches to countries in implementing the Tajikistan, environmental Guidelines. The draft Manual expands Ukraine, law upon the Guidelines with explanatory Uzbekistan text, checklists, specific examples from Implementation, various countries, regions, and MEAs. compliance and enforcement; Workshop on January 26- Acquainting government officials and Albania, Capacity building; Compliance and 29 2004, other stakeholders in South East Bosnia- Strengthen and Enforcement of Belgrade, European nations with the UNEP and Herzegovina develop; the International Serbia- the UNECE Guidelines. The Guidelines , Croatia, Environmental and Regional Montenegro are advisory in nature and comprise a Macedonia law; Conventions and "tool box" of approaches for promoting and Serbia- Harmonisation Treaties (MEAs) compliance with and enforcement of Montenegro and coordination; in SEE MEAs. The workshop obtained feedback Innovative on the draft Manual that UNEP has approaches to developed to aid countries in environmental implementing the Guidelines. The draft law Manual expands upon the Guidelines with explanatory text, checklists, specific Implementation, examples from various countries, compliance and regions, and MEAs. enforcement; University of August/ The course is intended as an annual 36- 1, 2, 6 Implementation, Joensuu- UNEP September event to bring together environmental participants compliance and Course on 2004, experts from developed and developing from 16 enforcement; International Joensuu, countries to interact, share experiences developed Capacity- Environmental and lessons learned relating to and 20 building; Law Making and Finland environmnental law-making, negotiations developing Harmonisation Diplomacy and multilateral diplomacy countries and coordination were trained in International Negotiation
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Activity Date - Objective/output Target MP3 Areas covered Venue group area EC July 2004 Output: A publication with on overview of Pan- 1 Implementation, Environmental EU environmental law; the Acquis European compliance and Law and Communautaire and an analysis of enforcement Multilateral implementation and enforcement of Environmental MEAs in Europe Strengthen and Agreements for develop Europe Environmental law;
European 26 April Establishment of European Union France, Judges 2004 United Meeting, Judges Forum on Environment Kingdom, Luxembourg, Belgium, Italy, Slovenia, Sweden, Denmark, Greece, Portugal, Ireland, Lithuania, Romania, Turkey, Norway, European Commission representati ve. Symposium on Rome Italy, Judges from Europe and those 50 Judges environmental 9-10 May representing other regions of the world participated Law for Judges 2003 were sensitized the meeting on the Role of was the Judiciary in organized by implementation the Italian and Council of Enforcement of the Environmental Judiciary, in Law collaboration with UNEP and IUCN.
Joint The objective of the Letter of Agreement] Pan- 1, 2, 3, Implementation, environmental is to establish a Joint Environmental Law European 5, 6, compliance and law service Service] allowing the Partner enforcement; Organizations to join their strengths, Capacity- (JELS) capacities, skills and potentials to better building; meet requests for assistance and Prevention and effectively deliver results to mitigation of The Regional beneficiaries. The Service will allow to environmental Environmental promote coordination and cooperation damage; Center for among the Partner Organizations; better Strengthen and Central and utilization of existing structures, develop Eastern Europe, experience and facilities; avoid Environmental and duplication of activities; as well as to law; the make the delivery of requested services Harmonisation Environmental more cost effective. The cooperation and coordination Law Center of among the Partner Organizations will be IUCN - The specific to their scope of activities and World their cooperation Conservation with other organizations. Union
Training Belgrade provided a short course of international 30 judges 1, 2, 3, Implementation, Workshop environmental law at the Judiciary from Serbia- 5, compliance and 20-21 Training Center (JTC) in Belgrade and to Montenegro enforcement; December assist it in starting training of the Capacity- 2003 judiciary in environmental law through building; drafting a program module based on a Prevention and training needs assessment mitigation of environmental damage; Strengthen and develop
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Activity Date - Objective/output Target MP3 Areas covered Venue group area Environmental law;
Servicing and Regional Strengthened capacities of national Pan- 1, 2, 3, Implementation, implementing of workshop experts and authorities, as well as European 5, 6, compliance and Multilateral held in enforcement; Environmental Latvia, 6-8 interest groups in the ratification, Capacity- Agreements April 2004 implementation and enforcement of building; (MEAs) (Basel, selected MEAs, Prevention and Rotterdam mitigation of
ROE organizes and environmental and supports Stockholm Outcomes: damage; workshops on Conventions - Strengthened capacities of national Strengthen and MEAs in close ) experts and authorities develop co-operation with Environmental National - Tested and improved global manual for law; UN/ECE, IUCN, workshop on the Regional the guidelines on enforcement and Harmonisation UNEP MEAs and coordination Environmental in Bosnia- compliance with MEAs. Centre for Herzegovina - Regularly updated report on the status Central and , 6-8 of the implementation of MEAs in Eastern Europe October (REC), GRID- 2002 and in Europe. Arendal, and - The Aarhus Convention’s clearing relevant Tirana, house for capacity building and Convention Albania 3-5 Secretariats. December information exchange managed and 2003 serviced in collaboration with GRID Arendal.
Addressing a) Development of the Caspian Five 1, 2, 3, Implementation, Transboundary Framework Convention as an Caspian 5, 6, compliance and Environmental overarching legal instrument for the Littoral enforcement; Issues in the environmental cooperation in the States: Capacity- Caspian Caspian region. Azerbaijan, building; Environment b) Strengthening of legal, regulatory and I.R. of Iran, Prevention and Programme economic frameworks Kazakhstan, mitigation of (CEP) – Russian environmental Strengthened Outcome: Federation, damage; Institutional, - “Convention for the protection of the Turkmenista Strengthen and Legal, Marine Environment of the Caspian Sea” n develop Regulatory and signed by all five Caspian littoral States Environmental Economic in early November 2003. law; Frameworks for - Capacity building: legal and economic Harmonisation SAP and coordination implementation instruments assessment reports; support for MEAs implementation and enforcement; implementation of small projects to enhance national capacities for addressing priority legal and institutional issues; regional IEA guidelines Capacity building 2003-2004 To establish a clear set of harmonized Azerbaijan, 1, 2, 3, Implementation, and the procedures, agreed between the five Iran, 5, 6, compliance and implementation Caspian Sea countries, for the Kazakhstan, enforcement; of Environmental implementation of EIA in a Russian Capacity- Impact transboundary context. The project also Federation, building; Assessment aims at increasing understanding of the Turkmenista Prevention and (EIA) in a ESPOO Convention and procedures of n mitigation of transboundary EIA in a transboundary context. environmental context in the damage; Caspian Sea Outcome Strengthen and Region - Two meetings to discuss and agree on develop the transboundary EIA procedures Environmental - Guidelines (in English and Russian) on law;
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Activity Date - Objective/output Target MP3 Areas covered Venue group area EIA Harmonisation - A national consultation (1-2 days) in and coordination each country (5 national consultations).
Convention on At the request of Carpathian countries, Czech 1, 2, 3, Implementation, the Protection UNEP/ROE services and facilitates the Republic, 5, 6, compliance and and Sustainable intergovernmental consultation process Hungary, enforcement; Development of of the Carpathian cooperation. Poland, Capacity- the Carpathians Slovak building; Strengthened Cooperation for the Republic, Prevention and Protection and Sustainable Management Romania, mitigation of of the Carpathians and provide a legal Ukraine, environmental framework and institutional capabilities, Serbia and damage; through the development and Montenegro Strengthen and implementation of a Convention. develop Outcome Environmental - Convention on the Protection and law; Sustainable Development of the Harmonisation Carpathians, adopted and signed by and coordination Carpathian countries in Kiev in May 2003 in the framework of the “Environment for Europe” Ministerial Conference - Establishment of an interim Secretariat for the Convention - Memorandum of Cooperation with the Secretariat of the International Commission for the Protection of the Danube River (ICPDR), fostering collective attention on the need to protect mountain biodiversity and the role and impacts of mountain management on the river basins and plains of the region. Environmental Aimed at providing the countries with SouthEaster 1, 2, 3, Implementation, Information practical solutions in the field of n Europe: 5, 6, compliance and Management: 'environmental information for decision- Albania, enforcement; Capacity making', and implementing the 'Aarhus Bosnia- Capacity- Building for GEO Convention'. Activities are ranging from Herzegovina building; 'formerly ENRIN assessing the needs and capacities, , Bulgaria, Prevention and in CEE&NIS' and providing training, facilitating information Croatia, mitigation of Aarhus Service to strengthening institutions. Main Kosovo, environmental partners include GRID-Arendal, the Macedonia, damage; European Environment Agency Romania, Strengthen and (EEA), and the UN/ECE. Serbia and develop Montenegro Environmental Operational, participatory environmental law; information networks in all the countries Caucasus: Harmonisation of the region. 'Bridge' gaps between UN, Armenia, and coordination EU, national standards in monitoring, Azerbaijan, assessment and communication. Georgia Improve access to environmental information from public authorities, via Russia, the mass media and civil society Ukraine, . Belarus, Moldova
Central Asia: Kazakhstan, Kyrgizstan, Tajikistan, Turkmenista n, Uzbekistan
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D. West Asia
Activity Date – Objective/output Target MP3 Areas Venue group area covered Regional 3-4.3.04 The main objectives of the Regional Council of 2, 5, 6, Capacity Workshop on Workshop were: Arab 7 building; The Role of Manama, Ministers for Strengthen Arab Bahrain, -Conducting the Arab Environment work the and develop; Parliamentarians program for the Arab ministerial councils Environment Environment In Protecting on environmental issues 2004. (CAMRE) in al law; The -Consolidation of the Arab pship with Harmonisati Environment parliamentarian role in environment Parliament on and protection and sustainable development. and the coordination; Shura public -Increase the awareness of Council participation parliamentarians of the global kingdom of and environmental agenda and UNEP Bahrain. 53 access to activities in Particular UNEP’s participants information contribution to environmental protection representing and sustainable development. government & NGOs -To engage parliamentarians in resolving from various global env-ironmental issues especially Arab region those of poverty and the environment. countries -Crystallise united Arab attitude towards attended. Environment issues and sustainable development in regard with the obsessions available. -Building and Consolidation the cooperation between specialised Arab Organisation, UN organisation and Civil societies. At the end of the Workshop, the participants issued a set of Recommendations that stated the constraints, Challenges, needs and opportunities on national and regional levels concerning protection of Environment and sustainable development. Output: The workshop Presented the Final statement to the 8th special session of the Governing Council/Global ministries Environment forum, which will be held from 29-31 March at Jeju-Korea. Workshop on 14-15.2.04 The main objectives of the regional Organised 2, 5, 6, Capacity development of Kuwait, workshop were to develop the draft by UNEP 9 building; the Environment curriculum, which was prepared by Regional Strengthen Law Curriculum ARCEL in cooperation with the faculty of Office for and develop; in Law Colleges Law in Kuwait University and the West Asia Environment in the Arab Commission on Environment Law of the (UNEP/RO al law; Region International Union For the Conservation WA), the Harmonisati of Nature and Nature resources (IUCN). Arab on and Regional coordination; Recommendations and Output: Centre For Innovative Teaching environmental Law as a Environment approaches primary subject in all Law colleges and Law to institutes in the Arab countries; (ARCEL) in environment Compiling All the environmental laws partnership al law and regulations issued from different with Kuwait countries in the Arab regions (UNEP / University. ARCEL). The recommendations of the workshop and the curriculum content presented to CAMRE for approval before presenting to the ministries of higher education in the region for circulation to various universities as a general introduction &
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Activity Date – Objective/output Target MP3 Areas Venue group area covered basic guide for teaching environment law in universities and graduate studies levels (ROWA/CAMRE).
Review of An Analytical study of environmental 1, 2, 6 Implementati Environmental legislation in west Asia countries on, legislation in including identification of gaps and compliance west Asia recommendation for strengthening, and compliance and enforcement is enforcement preparing by ROWA . ; Capacity- building; Output: A publication on the issue harmonisatio n and coordination Participation in 29.5-1.6.04 The meeting served as a Symposium on Twenty Five 1, 2, 3, Implementati and support Environmental Law and a forum to Ch ief 5, 6, on, provided to the Egypt, Cairo formulate needs-responsive national, Justices and compliance Need sub-regional and regional activities for Senior and Assessment the implementation of the outcome of the Judges from enforcement Regional UNEP Global Judges Symposium on deferent ; Capacity- Conference For Sustainable Development and the Role countries building; Chief Justice of of the Judiciary, within the framework of Prevention The Arab the UNEP Governing Council decision and Countries on 22/17(II A). mitigation of Training of environment Judges and On this occasion in the meeting the Arab al damage; others Legal Chief Justices and the Senior Judges Strengthen Stakeholders in agreed to establish the Arab Judges and develop Environment Union For the protection of the Environment Law and Environment, the city of Cairo will be the al law; sustainable permanent headquarters of the Union. Harmonisati Development Participants agreed to meet again next on and September in Cairo to finalise that, and coordination to sign on the establish agreement. Output: In the end of the meeting the final draft of the conference was improved by the participants and the Chief Justices and Judges unanimously adopted the following conclusions and recommendations:- They endorsed the Johannesburg Principles on the Rule of Law and Sustainable Development adopted at the UNEP Global Judges Symposium held in Johannesburg on 18-20 August 2002, which were presented to the World summit on Sustainable Development (WSSD) as a contribution to the deliberations at the WSSD. They expressed the need for closer Co - operation among the Chief Justices of the Arab countries on matters of mutual concern in the area of environment and to encourage the interpretation and enforcement of environmental legislation in the wider context of sustainable development. They noted with concern the devastating impact of the degradation of the environment in the Arab region, and the challenges faced by courts in the application and enforcement of environmental Law in countries in the region. They noted also the generally accepted principle of environmental Law that everyone has the right to an
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Activity Date – Objective/output Target MP3 Areas Venue group area covered environment that is not harmful to their health and well-being.
Compliance & Output: A publication to be issued. 1 Implementati Enforcement of on, International and compliance Regional and Conventions and enforcement Treaties (MEAs)
E. Latin America and the Caribbean
Activity Date - Objective/output Targe t MP3 Areas Venue group area covered Workshop on 29-30.11.99 The objective of this document is to build CARICOM 1, 5, 6 Implementati implementing on the work already done in and for countries; on, MEAs, Mexico City CARICOM countries to facilitate MEA stake- Compliance implementation and to encourage the holders and strengthening of the implementation involved in Enforcement process by discussing some of the MEA imp- ; practical options available to Caribbean lementation Strengthenin countries at each stage of the in Caribbean g & compliance cycle. The MEA countries development Implementation Report and Guidelines of were discussed and finalised in this international workshop. A report was produced which environment included a set of Guidelines for such al law; implementation harmon- isation and coordination Workshop on 20-23.10.03 The workshop reviewed a draft manual 1 Implementati compliance and Kingston that UNEP is developing, which will on, enforcement of Jamaica provide practical advice and assistance Compliance MEAs (including illustrative examples) to and facilitate the use of the Guidelines on Enforcement Compliance with and Enforcement of MEAs that were adopted by UNEP's Special Session of the Governing Council in February 2002. The workshop also provided participants with the opportunity to share their own experiences in implementing environmental law, which will be used to revise and improve the manual. Meetings (Xii, various ROLAC/DPDL actively participates in the Ministers of 2, 6 Capacity XIII and XIV) of meetings as part of the Secretariat of the Environment building; the Forum of Forum, which is carried out by of Latin Harmonisati Ministers of UNEP/ROLAC, and undertakes many America and on and Environment of tasks, i.e. Preparation of technical and the coordination Latin America background documents, preparation of Caribbean and the draft decisions, preparati on and Caribbean negotiation of Political Declarations, provision of inputs to the formulation of the strategic Regional Plans of Action (RPA) of the Forum of Ministers and implementation of the relevant RPA adopted by this Forum Inter-sessional ROLAC provided assistance in the Ministers of 2, 6 Capacity Committee of organisation of the meeting as well as Environment building; Forum of preparing the relevant background, of Latin Harmonisati Ministers of technical and working documents. America and on and Environment the coordination Caribbean
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Activity Date - Objective/output Targe t MP3 Areas Venue group area covered Meetings of various ROLAC provided assistance in the 2, 6 Capacity Inter-Agency organisation of the meeting as well as building; Technical preparing the relevant documents. Harmonisati Committee of on and the Forum of coordination Ministers (ITC) Latin American Oct 2001 Preparation of relevant documents, 2, 6 Capacity and Caribbean including coordination and finalisation of building; Regional the draft Regional Platform for Future Harmonisati Preparatory Action on Sustainable Development and on and Conference for the Regional Assessment Report on coordination the WSSD Progress in the 10 year imple-mentation of Agenda 21 and the UNCED Agreements. Preparation of the first draft of the Latin American and Caribbean Initiative for Sustainable Development. Organisation of side events to the Regional Prep Com, i.e. panels with civil society participation, industry and private sector, Parliamentarians, NGOs, etc. Output: LAC Regional Platform for Future Action on Sustainable Development, Regional Assessment Report on Progress in 10 year implementation of Agenda 21 and the UNCED Agreements, Latin American and Caribbean Initiative for Sustainable Development (approved and incorporated in the Johannesburg Plan of Implementation); Declaration of the LAC Civil Society to the WSSD, PARLATINO Montevideo declaration on the Role of Parliamentarians in sustainable development. 2nd General 2000 Puerto Conference title: “Building a Fair and 6 Harmonisati Assembly of Rico Prosperous community of the Americas” on and Parliamentary ROLAC supported and participated in coordination Conference of the conference the Americas
Performance of the role of focal point for 6 Harmonisati UNEP/ROLAC´s relationship with the on and Andean Community, i.e. maintenance of coordination direct contact with the relevant authorities, exchange of information, promotion of sub-regional projects, organisation of sub -regional environmental meetings, technical and financial support to their environmental programmes and activities. Output: A Memorandum of Understanding signed between the Andean Community and UNEP/ROLAC aimed at assisting the Andean Community in the implementation of its plan of acti on to give follow up to the WSSD commitments. 2nd Inter- 21-25.10.02 ROLAC along with the National Institute Env law 6 Harmonisati national meeting Mexico City of Ecology of Mexico jointly, organised experts from on and on the meeting. 15 Latin coordination environmental American Law” countries, the US, Spain and Trinidad & Tobago
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Activity Date - Objective/output Targe t MP3 Areas Venue group area covered 2000-2001 Provision of assistance and support to 7 Public National Councils for Sustainable Participation Development in the WSSD preparatory and access process. A number of countries to established NCSDs. At Rio + 5 meeting information in 1997, a recommendation was made for multilateral institutions as World bank, UNDP, UN Commission on Sustainable Development, UNEP and regional banks to support NCSD. Following this mandate UNEP/ROLAC signed an agreement with the Earth Council to support national multi-sectoral and multi -stakeholder consultations as part of the preparatory process for the WSSD; supported the participation of NCSD representatives in the 4 sub- regional Preparatory Meetings for WSSD (i.e. Andean Zone, Insular Ca ribbean, Mesoamerica and Southern Cone). Output: The agreement with the Earth Council enabled an ample participation in the “International Forum of National Councils for Sustainable Development” held from 17 to 19 April 2000 in New York, in preparation for the “Eighth Session of the UN Commission for Sustainable Development” (CSD-8), that took place in New York later in April 2000. UNEP and the Earth Council jointly elaborated a report for the International Forum, summarising the Latin American and Caribbean position on the topics to be addressed at CSD-8. Additionally, UNEP provided financial assistance to NCSD from LAC to enable them to participate in the Forum. 2002 UNEP/ROLAC contributed –regarding 7 Public Latin America and the Caribbean- to the Participation study conducted by Headquarters on and access models of national legislation, policies, to guidelines and judicial decisions on information access to information, public participation in decision-making, and access to justice on environmental matters. UNEP DPDL Study “International legal i nstruments 7 Public study reflecting provisions contained in Participation Principle 10 of the Rio Declaration”. and access ROLAC contributed to the study with to regional input and examples to go information towards its preparation. Establishment of Oct 2000 This electronic forum was set up so as to Judges who 8 Information an electronic discuss issues concerning access to participated technology judges forum environmental just ice following the in the Latin Declaration of the Latin American American Judicial Symposium held in Mexico City Judicial in January 2000. Facilitation of operation Symposium of the electronic discussion forum among judges who participated in the Latin American Judicial Symposium, by maintaining it on ROLAC’s web page and inserting in the net highly controversial judicial decisions in order to motivate discussion and exchange.
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Activity Date - Objective/output Targe t MP3 Areas Venue group area covered E-dialogue held Aug 2003 The e-dialogue sought to analyse the 8 Information prior to the Latin role of Latin American judges and technology American prosecutors in compliance with and Judges and enforcement of environmental legislation Prosecutors considering the difficulties they face and Symposium held the positive and negative experiences of in Sept in the various countries with the objective Buenos Aires of setting up an agenda embracing the regions needs and priorities on the subject. Output: Input for the preparation of the agenda of the mentioned meeting. Conclusions incorporated in the publication of the proceedings of the event. Creation of a 15 judicial decisions from Latin America 8 Information regional and the Caribbean tribunals were technology database on incorporated into a database. The judicial decisions decisions include the most relevant in (as a regional the region as regards the application of element of the the Rio Principles – www.pnuma.org. ECOLEX project) Output: Information instruments on existing legislation, international environmental law instruments and judicial decisions in the field of environmental law, for well-informed decision-making. Maintenance and update in ROLAC of a 8 Information database of environmental legislation of technology the LAC countries. Maintenance and update of ROLAC 8 Information Environmental Law Programme’s Web technology page continuously incorporating information relevant to Environmental Law and Policy. Preparation of Preparation of a diagnosis on the 9 Innovative report on institutional conditions to introduce and approaches institutional explore the gender equity perspective in to conditions and the work DPDL undertakes in Latin environment gender-equity America and the Caribbean. The report al law. was discussed at the Second Training Workshop of the Inter-Agency Gender Group (formed by 14 United Nations agencies based in Mexico City), which took place on 11 May 2000 in Mexico City. During the meeting, the documents submitted by the Group’s member agencies were discussed and a matrix containing the elements of the diagnoses for each agency was completed. The Inter-Agency Gender Group continues to meet on a periodical basis to promote the incorporation of gender equity issues in the activities undertaken by the United Nations in Mexico. International 8 Mar In commemoration of the International 9 Innovative Women’s Day Women’s Day, which is annually approaches celebrated, the Inter-Agency Gender to Group (IGG) organises activities during environment the month of March. Conferences, al law. exhibitions, contests and dances are among the events organised in order to increase awareness on the rights and plight of women. ROLAC/DPDL is ROLAC´s focal point in IGG.
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Activity Date - Objective/output Targe t MP3 Areas Venue group area covered
Reports on These reports are prepared and sent to Prepared by 9 Innovative activities being ECLAC as input for the report for in Latin ECLAC. approaches undertaken by America and the Caribbean. to UNEP and environment UNEP/ROLAC al law. Response to US 2002 In response to a query by the U.S. State 9 Innovative State Department, information was prepared approaches Department and sent to this entity on legislation on to inquiry environmental impact assessment in environment force in the Latin American and al law. Caribbean countries.
First Summit of 30.11- ROLAC participated in the Working 9 Innovative Indigenous 4.12.02 Group on Biodiversity, access to genetic approaches Wom en of the Oaxaca, resources and indigenous women where to Americas Mexico she was requested to make a brief environment presentation of the international al law. instruments regulating the issues at stake in order to allow the participants to intervene in the discussion with a more solid and concrete knowledge of these issues. The discussions of the Working Group were very interesting as was reflected in the relevant conclusions and recommendations prepared by the Group and incorporated into the Action Plan of the Summit. The Summit also adopted a declaration and a set of specific resolutions. Requests were received in order to organise seminars for indigenous women at the national level to familiarise them with the various international instruments in the mentioned field.
Capacity Apr 04 ROLAC organised the meeting, which 150 9 Innovative building meeting Jujuy, resulted in 150 indigenous persons members of approaches on Biodiversity Argentina, trained in and aware of the Biodiversity Argentinean to and related and biodiversity-related conventions, indigenous environment conventions with a particular emphasis on the communities al law. provisions concerning traditional knowledge, innovations and practices and the way to reward them. A contact network established between participants and UNEP/ROLAC RSR. Preparation of a 2-4.4.03. XIV International Congress of the 9 Innovative paper and Mexico Nation: Via Veritas, Defining the Course approaches presentation on of the Nation and at the “Cycle of to “Human Rights Conferences on International environment and the Environmental Law”, organised by the al law. Environment” Ministry of Environment and Natural Resources of Mexico and the academic institution El Colegio de México, in collaboration with the Government of the United Kingdom. UN Inter-Agency 3.4.03 Meeting of Mexican government Organised 9 Innovative Group of Mexico Mexico City institutions, UN agencies and by the approaches on Indigenous international organisations based in Mexican to Matters Mexico to exchange ideas on the Ministry of environment application in Mexico of the Foreign al law. recommendations made at the Affairs and
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Activity Date - Objective/output Targe t MP3 Areas Venue group area covered Permanent Forum for Indigenous Issues its General of the United Nations Economic and Managemen Social Council (ECOSOC). t of Technical & Preparation of counter proposal to the Scientific Mexican Government of a letter of Cooperation, agreement for an integrated and the coherent approach between the UN Representati system and the Mexican government to on Office for deal with indigenous issues and the coordination of the relevant programmes Developmen and projects; in compliance with a t of decision of the Steering Committee of Indigenous UN Agencies in Mexico, preparation of Peoples of inputs on the activities undertaken by the the UN offices in Mexico in the area of President’s indigenous populations -the UN Office Resident Representative in Mexico to (Mexico), prepare a paper for and make a and the presentation in the “Preparatory Meeting National for the 2nd Session on the Permanent Indigenous Forum on Indigenous Matters”, that the Institute Ministry of Foreign Affairs of Mexico. Work plan for the Permanent Forum for Indigenous Issues of the ECOSOC recommendations. A counter proposal to the Mexican government of a letter of agreement for an integrated and coherent approach between the UN system and the Mexican government on indigenous issues and coordination of the relevant programmes & projects, submitted to the Mexican government. Presentation by the UN Inter-Agency Group of Mexico on Indigenous Matters in the “Preparatory Meeting for the 2nd Session on the Permanent Forum on Indigenous Matters”. Meeting for 22- 23.2.03 Co-organisation of and participation in a 9 Innovative young politicians Oaxtepec meeting for young politicians. The approaches Morelos, objective of the meeting was to allow to Mexico young people to become aware of the environment narrow link between environmental, al law. economic, social and political problems within the framework of sustainable development. Document on 2000 Document on legislation of countries of Argentina, 10 Freshwater legislation for 8 the region that have a system of charges Brazil, Chile, Resources countries for water pollution was prepared for 8 Colombia, countries and was sent to headquarters Ecuador, to reply to a request received by them Peru, from the Chamber of Mines of South Uruguay and Africa, on the issues. Venezuela Consultation on Apr & Aug Consultation on Biosafety in response to Peru 14 Biological Biosafety 2000 a request made by the Peruvian diversity Government. Guidelines for the formulation of a regulation of the Law for the Prevention of Risks derived from the Use of Biotechnology, as well as a project document for the financing of institutional strengthening on Biosafety were prepared. A report on Institutional strengthening of Biosafety was also submitted to the Peruvian government Creation of Likeminded Group of Megadiverse 14 Biological group on Mega- Countries ROLAC assisted and diversity diverse supported the creation of this group. It countries also provided for the organisation of their
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Activity Date - Objective/output Targe t MP3 Areas Venue group area covered meetings and implementation of their work.
ROLAC/GPA ROLAC´s Legal Officer and the person Venezuela, 11 Coastal and meeting for in charge of the GPA in the Regional Cuba, marine comparative Office jointly elaborated a work plan and Mexico, ecosystems study on coastal terms of reference for the GPA study Barbados, legislation titled “Comparative Study on Coastal Trinidad and Legislation for Selected Wider Tobago, Caribbean States”. Both officers Belize and identified and hired two consultants (one Jamaica to conduct the study in the Spanish - speaking Civil Law Caribbean and one to conduct the study in the English- speaking Common Law Caribbean). The consultancies were carried out under the joint supervision of the mentioned officers who reviewed and finalized the relevant reports, which were officially submitted to the countries participating in the studies. Output: Two “Comparative Studies on Coastal Legislation for Selected Wider Caribbean States”, one in Spanish for the Spanish -speaking Civil Law Caribbean and one in English of the English-speaking Common Law Caribbean. Analysis of Analysis of “compatibility” issues UNEP/CAR/ 14 Biological “compatibility” between the Protocol Concerning RCU diversity issues Specially Protected Areas and Wildlife (SPAW) to the Cartagena Convention and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) The three legal assessments were carried out following the questions provided in the Memorandum of the CITES Secretariat -without date- establishing the terms of reference for external legal advice on the matter. ROLAC/DPDL Presentation on the contents, rights and Commission 14 Biological presentation obligations under the Cartagena of diversity Protocol on Biosafety, at the Mexican International Senate, underlining the importance of Affairs becoming a Party. Regional 18-20.3.02 ROLAC provided support in the 14 Biological Preparatory Kingston organisation and participation of the diversity Meeting to the Jamaica meeting. Output: Latin American and CoP6 of the Caribbean countries met to discuss their Convention on positions regarding the agenda of the 6th Biological CoP. Preparation and delivery to the Diversity involved units in UNEP headquarters of a Briefing on the Latin American and Caribbean positions for the 6 th Meeting of the CoP of the Convention on Biological Diversity. Preparation of Preparation of two briefings for UNEP’s 14 Biological briefings for Executive Director prior to the COP 6th of diversity COP6. the Convention on Biological Diversity. These included information on (i) legislation on access to genetic resources in Latin America and the Caribbean; and (ii) the state of ratification in Latin America and the Caribbean of the Cartagena Protocol on Biosafety. Another briefing, on the
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Activity Date - Objective/output Targe t MP3 Areas Venue group area covered positions of the Group of Likeminded Biodiverse Countries, to be presented at the 6 th CoP, was also sent to UNEP’s Executive Director.
12th Meeting of 3-15.11.02 ROLAC prepared a briefing on the Latin UNEP´s 14 Biological the Conf. of the Santiago, American and Caribbean positions and official diversity Parties of CITES Chile proposals that was sent to Nairobi for delegation to the use of UNEP´s official delegation to the meeting. the meeting. Development of Collaboration and assistance provided to 2, 14 Ca pacity national the UNEP-GEF project on the building Biosafety development of national Biosafety Biological frameworks frameworks in the implementation of its diversity activities in the LAC region, i.e., co- organisation and conduct of the training workshops for the region, preparation of documents, participation in planning meetings, etc. Preparation of 20-25.11.03 Preparation of the technical working Ministers of 14 Biological working Panama City document “Access to Genetic Resources Environment diversity document and Sharing of Benefits arising from their for Latin Utilisation” and delivery of the relevant America and presentation in a panel on the subject the held at the XIV Meeting of the Forum of Caribbean Ministers of Environment of Latin America and the Caribbean Experts Meeting 21-23.7.03 Provision of assistance to the 14 Biological on Institutional Kuala Likeminded Group of Megabiodiverse diversity Strengthening Lumpur, Countries Malaysia
Preparation of 20-22.8.03 Active participation in the preparati on of Peru, 14 Biological Biological Quito, the PDF -B project proposal on the Ecuador, diversity Corridor project Ecuador promotion and consolidation of an Bolivia, Andean Biological Corridor “The Inca Colombia Trail Biological Corridor” and and Chile organisation of the relevant consultative meeting. Project on 2001 Provision of inputs and information to 15 - Pollution “Pesticides project “Pesticides Leakage in the Wider prevention Leakage in the Caribbean” with which UNEP Caribbean and control Wider Coordination Unit was collaborating. Caribbean”
Draft Model Law Jun – Aug Preparation of a Draft Model Law on 16 Production on Sustainable 2002. Sustainable Tourism in collaboration and Tourism with the Commission of Tourism of the consumption Latin American Parliament patterns (PARLATINO) Output: draft Model Law on Sustainable Tourism prepared. Seminar on 24–25.1.02 UNEP/ROLAC organised and held the 18 - Trade Economic “Seminar on Economic Reforms, Reforms, Mexico City Environment and Urbanism”, as part of Environment the activities to be implem ented by and Urbanism ROLAC under the Mesoamerican Biological Corridor Project. The purpose of the event was to analyse the processes of the economic and commercial opening developed in Mesoamerica since the 1990’s and their relation to urbanisation and environmental deterioration as a result of inadequate forms of land occupation and pollution caused by production processes.
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Activity Date - Objective/output Targe t MP3 Areas Venue group area covered Output: The study prepared for the meeting was discussed and improved. It was later published jointly by UNEP/ROLAC and ECLAC in January 2003.
Meeting to 29-31.5.01 Meeting on “Pursuing Bonds of Argentina, 20 Military pursue bonds Asuncion, Cooperation among Security and Bolivia, activities between Paraguay Environment Forces of the Southern Brazil, Chile, and the Security and Cone of the Americas”. UNEP/ROLAC Paraguay, environment Environment participated in the meeting. The Uruguay and bodies objective of this Conference was to the USA discuss the role that the security forces of the southern countries of Latin America can play in favour of the environment. Experts meeting 5-8.9.00 1st High Level Government-designated Organised 5 Strengthenin on proposed Panama City Experts Meeting of the proposed by UNEP g and Northeast Northeast Pacific Regional Seas development Pacific Regional Programmes and Action Plan. of Seas international Programmes Output: During this meeting the Draft environment Convention for the Protection and al law Sustainable Development of the Marine and Coastal Area of the Northeast Pacific was reviewed and analysed; the Draft Plan of Action for the Protection and Sustainable Management of the Marine and Coastal Environment of the Northeast Pacific was also briefly commented on; and the Global Programme of Action for the Protection of the Marine Environment from Land- Based Activities was presented and explained. The document for the preparation of the first intergovernmental review meeting on implementation of the GPA was distributed and discussed. Meeting on 3-5.10.01 Latin American and Caribbean Meeting 5 Strengthenin progress of Mexico City on progress of environmental legislation g and environmental in Latin America and the Caribbean development legislation in since the UNCED in 1992 of Latin America international and Caribbean ROLAC organised the meeting. environment al law Output: A publication on the issue.
Workshop on 4-8.6.02 “Subregional Workshop on Support for 5 Strengthenin support for Port of the Implementation of the Stockholm g and implementation Spain, Convention on Persistent Organic development of Stockholm Trinidad and Pollutants (POPs)” of Convention Tobago international ROLAC presented two papers at the environment workshop. It aimed to make country al law officials familiar with the Stockholm Convention, its benefits and sources of support for its implementation in order for countries to ratify the Convention and take early action on POPs. Organised by UNEP/ Chemicals, the GEF Secretariat, the Ministry of Public Utilities and the Env. of Trinidad and Tobago and the Caribbean Industrial Research Institute of the Basel Caribbean Regional Centre. Course on 18-19.7.02 Course titled “Multilateral Trade 5 Strengthenin Multilateral Lima, Peru Negotiations on Agriculture”. ROLAC g and Trade participated in the course by giving a development Negotiations on one-day lecture on the “Agreement on of
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Activity Date - Objective/output Targe t MP3 Areas Venue group area covered Agriculture Trade-related Aspects of Intellectual international Property Rights” (TRIPS) environment al law Organised by FAO for the Peruvian Ministry of Agriculture within the framework of its FODEPAL project. Keynote speech 10.11.9 ?? Delivery of the keynote speech on 5 Strengthenin on International Lima, Peru International Conventions on Chemical g and Conventions on Substances: Commitments for their development Chemical Implementation, in the regional forum of Substances “International Conventions as a Legal international Framework for the Reduction in the Use environment of Hazardous Chemical Substances in al law the Andean Region”. First Meeting of 15-17.5.01 Participation in and support provided to Attended by 5 Strengthenin Wider Caribbean Mexico City the Meeting. Focused on issues relating 34 States g and Hawksbill Turtle to conservation and trade in hawksbill and development Range State turtles provided an opportunity to make Territori es of Dialogue progress towards strengthening dialogue international and co-operation in the region. environment al law Output: Review of conservation status of hawksbill turtles, the biological aspects of their populations, status of its trade, multilateral agreements for conservation of hawksbill turtles and the role of captive and ranching breeding. Doctorate Provision of assistance to the National 5 Strengthenin Programme on Metropolitan Autonomous Un iversity of g and Environmental Mexico, which, in conjunction with the development Law University of Alicante, Spain are holding of the Doctorate Programme on international Environmental Law, by giving lectures environment and facilitating documentation al law throughout 2002, 2003 and 2004. Intergovernment 6–7 March “Second Intergovernmental Meeting on Colombia, 5 Strengthenin al Meeting 2002 the Plan of Action of the Convention for Costa Rica, g and Managua Cooperation in the Protection and El Salvador, development Nicaragua Sustainable Development of the Marine Guatemala, of and Coastal Environment of the Honduras, international Northeast Pacific DPDL/ROLAC Mexico, environment assisted the organisation and attended Nicaragua al law the meeting. Output: On this occasion and Panama the countries participating in the meeting took important decisions regarding the institution that would be entrusted the Secretariat of the Convention as well as the location of its headquarters.
Background Preparation of a Paper on the Sent to 5 Strengthenin paper on the background of the Fifth Conference of relevant g and CoP5 to the the Parties to the Convention on Divisions in development Convention on Biological Diversity’s requests and the HQs, the of Biological decisions on the development of Regional international Diversity. synergies to implement the Director, environment MEA.DPDL/ROLAC undertook an ROLAC, and al law intelligence gathering exercise and Secretariats prepared the paper. of other biodiversity- related Conventions Intelligence 9-20.4.00 ROLAC/DPDL undertook an intelligence Sent to 5 Strengthenin gathering Nairobi, gathering exercise to compile relevant g and exercise Kenya information on the proposals of the Latin Divisions in development American and Caribbean countries, as the HQs & of well as information on the positions of the Regional international the countries of the region with respect Director, environment to proposals to be presented by ROLAC, al law countries outside the region at the who took
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Activity Date - Objective/output Targe t MP3 Areas Venue group area covered “Eleventh Conference of the Parties to part in the Convention on International Trade in meeting Endangered Species of Wild Fauna and Flora” (CITES), held at the headquarters. Presentation on 29.2-2.3.00 Presentation on the implementation of 5 Strengthenin MEAs Quito, the MEA at the “First CITES Regional g and Ecuador Meeting for Central, South America and development the Caribbean” In an effort to promote of synergies among the MEAs and, in international particular, among the biodiversity-related environment conventions, ROLAC/DPDL made the al law presentation. Activities for the 1. Conduct of coordination meetings with 5 Strengthenin WSSD Regional UNDP -Capacity 21 and the Earth g and Preparatory Council, partners in the implementation development Process and of the national phase of the regional of conduction of preparatory process, to organise the international the activities activities foreseen at the national level, environment foreseen in the as part of the regional preparatory al law Plan of Action process for Rio+10. for this process, approved by the 2. Preparation of “Guidelines for Rio + Forum of 10 Assessment” jointly with UNDP- Ministers of Capacity 21 and the Earth Council, and Environment of bilingual distribution in the region. The the region, and guidelines, which had the objective to UNEP´s assist countries of the region in the ten- mandate year assessment of the implementation of Agenda 21 and the other outputs of UNCED, were distributed in English and Spanish, to the 33 countries of the region. The guidelines were prepared adapting the general guidelines formulated by DESA to the specificities of the region. They include the suggested process of national assessments to maximise effectiveness, especially in terms of promoting broad participation and integration. 3. Provision of financial and technical support to the countries of the region, jointly with UNDP-Capacity 21 and the Earth Council, in the formulation of their national reports, and the organisation and conduction of national multisectoral and multi -stakeholder consultations, including at the local level, with the participation of the various stakeholders involved, including civil society. 4. Holding of national consultations in 18 countries of the region and preparation of their national assessment reports, following the “Guidelines for Rio + 10 Assessment” jointly formulated by UNEP/ROLAC, UNDP-Capacity 21 and the Earth Council. 5. Preparation and negotiation of an agreement with ECLAC regarding the coordination arrangements between ECLAC and ROLAC for the organisation of four Subregional Preparatory Meetings and the Regional Preparatory Conference for Rio+10 (Prep Coms), to be held in October 2001 in Rio de Janeiro, Brazil, including the structure and functioning of the Prep Coms. 6. Preparation and negotiation of the structure and contents of the Latin
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Activity Date - Objective/output Targe t MP3 Areas Venue group area covered America and the Caribbean Report to be discussed in the Regional Prep Com and presented by the region at the Johannesburg 2002 Summit. 7. Preparation of a Power Point presentation on the Regional Preparatory Process towards Rio+10, to be presented in meetings in the region regarding the World Summit on Sustainable Development. The presentation wa s prepared on the basis of document “Regional Preparation Process for “Rio + 10” (UNEP/LAC- IC.5/6/Rev.1), prepared by ROLAC Legal Officer, and adopted by the Forum of Ministers of Environment of Latin America and the Caribbean at the V Meeting of its Intersessional Committee, held in Mexico City, in October 2000 8. Preparation and incorporation into ROLAC´s web page of a section dealing with the 2002 Summit on Sustainable Development. This section is permanently updated (www.pnuma.org). 9. Incorporation into ROLAC´s Web page of the calendar of events of the regional preparatory process towards Rio + 10, as well as a section on major groups participation that includes an open invitation to these groups to participate in the subregional and regional preparatory meetings, the relevant registration and accreditation form, and the programme of activities to be carried out with them at the subregional preparatory meetings. 10. Preparation and negotiation of a host agreement with the government of Ecuador, to organise and hold in that country the Andean Subregional Preparatory Meeting on 2 and 3 July 2001. 11. Co-negotiation, jointly with ECLAC, of a host agreement with the government of Cuba, to organise and hold in that country the Caribbean Subregional Preparatory Meeting on 28 and 29 June 2001. 12. Organisation and conduction of a coordination meeting of the UNEP- ECLAC Ad Hoc Working Group in charge of the formulation of the Regional and Subregional reports for the Regional and Subregional Preparatory Meetings towards the Johannesburg Summit 2002 (ROLAC, Mexico City, 7 May 2001), in order to define the terms of reference for the Ad Hoc Working Group and the contents of the respective reports. 13 Preparation and submission to headquarters of reports, updated up to 29 January 2001 and 23 May 2001, on the implementation of the regional preparatory process towards Rio+10 and the role of ROLAC in this process. 14. Participation in the meeting of the Andean Committee of Environmental
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Activity Date - Objective/output Targe t MP3 Areas Venue group area covered Authorities (Quito, Ecuador, 29 March 2001) inter alia, to co-ordinate, and organise the Andean Subregional Preparatory Meeting jointly with the Andean Community. 15. Preparation of documents for the four Subregional Preparatory Meetings, including the invitations, provisional and provisional annotated agendas, presentations, etc. 16. Organisation of the logistics and substantial issues, including substantial documents, for the realisation of the four foreseen Subregional Preparatory Meetings for the 2002 World Summit on Sustainable Development (i.e. Andean Zone, Quito, 2 and 3 July 2001; Insular Caribbean, Havana, 28 and 29 June 2001; Mesoamerica, San Salvador, 16 and 17 June 2001; and Southern Cone, Santiago, 14 and 15 June 2001). 17. Coordination, provision of input and finalisation of the Andean and Mesoamerican Reports, submitted and discussed at the relevant Subregional Prep Coms, under point of the agenda “Notes to promote an Andean/Mesoamerican reflection on sustainable development”, as a contribution of the UNEP Ad Hoc Working Group, to the Platform for Future Action of Latin America and the Caribbean on Sustainable Development. 18. Provision of support to governments in the formulation of 4 subregional documents (i.e. Andean, Caribbean, Mesoamerican, Southern Cone) on input and elements to be included in the Platform for Future Action of Latin America and the Caribbean on Sustainable Development, to be discussed at the Regional Prep Com and submitted to the 2002 World Summit. 19. Preparation of reports of the Andean and Mesoamerican Subregional Preparatory Meetings. 20. Preparation and delivery of responses to the multiple requests received both by e-mail and letter or fax seeking information on the regional preparatory process for the World Summit on Sustainable Development. 21. Preparation of a briefing note on the Latin America and the Caribbean Regional Preparatory Process for the World Summit on Sustainable Development, and a briefing note on the IV Preparatory Committee for the WSSD, held in Bali, Indonesia, from 27 May to 7 June 2002. 22. Participation in an interview on the WSSD held at a local radio station in Mexico City during the WSSD, September 2002. Publications 2000 - 2004 1. “Derecho Ambiental y Desarrollo 2 Capacity produced, Sostenible. El Acceso a la Justicia building
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Activity Date - Objective/output Targe t MP3 Areas Venue group area covered released and Ambiental en América Latina. Memorias widely del Simposio Judicial realizado en la distributed wi thin Ciudad de México del 26 al 28 de enero and outside the de 2000” (Environmental Law and LAC region by Sustainable Development: Access to UNEP/ROLAC Environmental Justice in Latin America - Memories of the Judicial Symposium carried out in Mexico City from 26 to 28 January 2000). Environmental Law Documents Series, No. 9, October 2000. 2. ”El acceso a la justicia ambiental en Argentina, Brasil, Chile, Colombia, México y Venezuela, durante la década de 1990” (Access to Environmental Justice in Argentina, Brazil, Chile, Colombia. Mexico and Venezuela during the decade of 1990). By Isabel Martínez. Environmental Law Documents Series, No. 10, October 2000. 3. ”Policy, Law and Administration of Biosafety in Latin America and the Caribbean”, UNEP/ROLAC- ECLAC, 2000. 4. “El Desarrollo del Derecho Ambiental Latinoamericano y su Aplicación: Informe sobre los Cambios Jurídicos Después de la Conferencia de las Naciones Unidas sobre el Medio Ambiente y el Desarrollo (Río 1992)” (Development of Latin American Environmental Law and its Implementation: A Report of Legal Changes after UNCED). ROLAC, 2001. This publication was presented at the Regional Preparatory Conference (Prep Com) of Latin America and the Caribbean for the World Summit on Sustainable Development, held in Rio de Janeiro, Brazil, on 23 and 24 October 2001, as a contribution to the regional preparatory process. 5. “La Sostenibilidad del Desarrollo en América Latina y el Caribe: Desafíos y Oportunidades” (The Sustainability of Development in Latin America and the Caribbean: Challenges and Opportunities). UNEP/ROLAC-ECLAC, 2001. Available in English and Spanish. This publication constitutes an assessment of ten year progress in the attainment of sustainable development and was submitted to the Regional Preparatory Conference (Prep Com) of Latin America and the Caribbean for the World Summit on Sustainable Development. 6. Caribbean Environmental Law Development and Application: Environmental legislative and judicial developments in the English-speaking Caribbean countries in the context of Agenda 21 and the Rio Agreements. This study is also a contribution to the regional preparatory process of Latin America and the Caribbean for the World Summit on Sustainable Development, ROLAC, 2002. 7. Report on Economic Reforms, Environment and Urbanism in the
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Activity Date - Objective/output Targe t MP3 Areas Venue group area covered Central American Countries. UNEP/ROLAC-ECLAC, 2003. 8. “De Río a Johannesburgo: Perspectivas del Derecho Ambiental en Latinoamérica” (From Rio to Johannesburg: Perspectives of Environmental Law in Latin America). Joint publication UNEP/ROLAC - IUCN Environmental Law Commission Mesoamerica, Mexico, 2002. 9. “Resúmenes de Sentencias Judiciales en Material Ambiental – Pronunciadas por Órganos Jurisdiccionales de países de América Latina (Summaries of Judicial Decisions on Environmental Matters – Pronounced by the Judiciaries of Latin American countries). By Judge Neófito López Ramos. Environmental Law Documents Series, No. 11, August 2003. 10. “La Responsabilidad por el Daño Ambiental en América Latina” (Liability for Environmental Damage in Latin America). By José Juan González Márquez. Environmental Law Documents Series, No. 12, December 2003. 11. CD ROM containing the most important and relevant background, political and technical documents produced during the Latin American and Caribbean Regional Preparatory Process for the WSSD as well as Declarations adopted by the most important political gatherings that took place previous to the WSSD Study on models 2002 Study conducted by Headquarters on 2 Capacity of national models of national legislation, policies, building legislation guidelines and judicial decisions on access to information, public participation in decision-making, and access to justice on environmental matters UNEP/ROLAC contributed re Latin America and the Caribbean. Publications, to 18-20.8.02 Policy Series 4. UNEP Compendium of Presented at 2 Capacity whose Johannesbu Summaries of Judicial Decisions in the Global building preparation rg Environment Related Cases. UNEP, Judges ROLAC August 2002. Symposium participate S Africa Policy Series 5. UNEP Compendium of Judicial Decisions in Environment Related Cases (Spanish Language Supplement). Decision 22/17, UNEP has undertaken publishing 2 Capacity Pt II, s. A on information on environmental law, in building Follow up to the particular UNEP’s Environmental Law Global Judges Training Manual, the Handbook on Symposium Environmental Law (national and international law), a Judges Handbook of Environmental Law and several Legal Drafters’ Handbooks on Environmental Law (on selected sectoral issues: energy, water, soil) to which UNEP/ROLAC is actively contri buting with regional and technical inputs Increase As part of UNEP/ROLAC’s continuous 2 Capacity awareness on effort to increase awareness on building environmental environmental issues and on the
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Activity Date - Objective/output Targe t MP3 Areas Venue group area covered issues activities it undertakes in the region, the Regional Office participates in various book fairs by distributing the publications produced by the Office. Technical Apr- Aug UNEP/ROLAC provided assistance in Peru 2 Capacity assistance to 2000. response to a request made by the building Peru government of Peru. Guidelines for the Peru formulation of a regulation of the Law for the Prevention of Risks derived from the Use of Biotechnology, as well as a project document for the financing of institutional strengthening on Biosafety were prepared and presented in a Report on Institutional strengthening of Biosafety in Peru. The technical assistance included the organisation and conduct of a public consultation on Biosafety issues and legislation. Legal technical Aug 2000- Legal technical assistance was provided Chile 2 Capacity assistance to Feb 2001 to the Government of Chile (Chilean building Chile Environmental Commission (CONAMA) Chile and Ad hoc Consultative Committee in charge of the revision of the national Environmental Framework Act) on the revision of their Environmental Act and the identification of tasks to be implemented by the government in order to comply with the Cartagena Protocol on Biosafety UNEP/ROLAC 2001-2002 1. UNEP/ROLAC jointly with the Central 2 Capacity selected American Commission on Environment building activities under and Development (CCAD) coordinated, the Policy organized and conducted a Workshop Harmonisation on Multilateral Environmental of GEF Project Conventions within the Framework of the RLA/97/G31: To Mesoamerican Biological Corridor establish a (MBC) in Managua, Nicaragua (24- Programme for 28.9.01). Important presentations on the Environmental Law in general and Consolidation of specific MEAs were made by experts of the the region. ROLAC Legal Officer made Mesoamerican two presentations, one on the role of Biological UNEP in the development, adoption and Corridor implementation of MEAs, and the other on the Cartagena Protocol on Biosafety. 2. Preparation of an inventory of regional initiatives, projects and programmes of concern to the political and legal frameworks of the Mesoamerican Biological Corridor and relevant decision-making processes, and finalisation and official submission of a relevant report to the Corridor authorities, Aug 2002. 3. A compilation of Mexican environmental legislation, including laws, regulations, technical standards and international agreements was prepared following the data base scheme prepared by the CCAD. The compilation will be charged in the legislative database of the project. Technical and 16-18.1.02, UNEP provided technical and financial Mexico 2 Capacity financial Cancun, assistance to the Ministry of building assistance to the Mexico Environment and Natural Resources of Mexican Ministry Mexico to organise and give follow up to of Environment the Meeting of Likeminded Megadiverse and Natural Countries. The Meeting addressed the Resources conservation and sustainable use of
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Activity Date - Objective/output Targe t MP3 Areas Venue group area covered biological diversity, access to genetic resources and the sharing of benefits derived from their utilisation. UNEP/ROLAC assisted in the preparation of various working papers and background documents. As a result of the meeting, the Group of Likeminded Megadiverse Countries was set up, having Mexico as its Executive Secretariat. Technical and 27-8.11. 02, Technical and financial assistance Peru 2 Capacity financial Urubamba provided in the organisation of the building assistance Valley, Peru Workshop on Access to Genetic provided to the Resources, Traditional Knowledge and Peruvian Intellectual Property Rights for the Group Environment of Likeminded Megadiverse Countries. Council and the Ministerial Segment of the Group of Likeminded Megadiverse Countries’ Meeting on Access to Genetic, Resources, Traditional Knowledge & Intellectual Property Rights (Urubamba Valley, Peru, 29.11.02). Output: Adoption of the Cuzco Declaration on Access to Genetic Resources, Traditional Knowledge and Intellectual Property Rights for the Group of Likeminded Megadiverse Countries. The Likeminded Group of Megadiverse countries highlighted the Declaration on Conservation and Sustainable Use of Biological Diversity adopted by the Group in Johannesburg on September 3rd, 2002, which sets out the importance of an international regime to effectively promote the fair and equitable sharing of benefits arising from the use of biodiversity and its components, as well as to promote the development of sui generis regimes to protect traditional knowledge associated to biological diversity. A Memorandum of Understanding was signed between UNEP and the Technical Secretariat of the Group of Likeminded Megadiverse Countries to analyse the possibility of a project for the countries of the Group on capacity building in the field of access to genetic resources and the equitable sharing of benefits deriving from their utilisation. Temporary assistance was also provided to analyse the alternatives for an international regime to promote and safeguard the fair and equitable share of benefits from the use of genetic resources, as stated in the Johannesburg Plan of Implementation (para 44 (o)). Technical Feb – Mar The assistance was provided on Suriname 2 Capacity assistance to the 2002 institutional matters regarding the building Govt of extension of the tasks of the Ministry of Suriname Labour to cope with Technological Development and Environmental Affairs Technical Feb 02 – Providing technical assistance to the Antigua and 2 Capacity assistance to the Apr 03 Government of Antigua and Barbuda in Barbuda. building Govt of Antigua the revision of its environmental legal and Barbuda framework. UNEP/ROLAC provided advisory services for the development of draft environmental laws and regulations
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Activity Date - Objective/output Targe t MP3 Areas Venue group area covered to address environmental and sustainable development issues as well as for the organization of a national meeting for the public consultation of the Draft Environmental Framework Act for the country Output: Draft Environmental Framework Act for Antigua and Barbuda. Technical Providing technical assistance to the Peru 2 Capacity assistance to the Peruvian Environment Council in building Peruvian strengthening its recently created Environment Biodiversity Unit to enable the Unit to Council adequately implement the National and the Subregional Andean Biodiversity Strategies, to efficiently respond to the international initiatives in the fields of biodiversity and biosafety (implementation of the CBD and the Biosafety Protocol) and to assist the National Biodiversity Commission (CONADIB) in the implementation of its various functions and responsibilities. Two national consultants have been hired and are working on: 1. an analytical compendium of national legislation on biodiversity and biosafety, containing cross references to national legislation and regulations and international and regional agreement; 2. a Manual for the application of the Convention on Biological Diversity, including good practices, lessons learnt and check lists for each of the articles of the CBD; 3. a programme for the dissemination of the Peruvian and the Andean Biodiversity Strategies: and 4. a proposal of actions to be taken in the institutional and policy fields in order to strengthen CONADIB. A national consultation is being organized for the finalization and later official adoption of the proposal. Technical UNEP/ROLAC provided technical PARLATINO 2 Capacity assistance to the assistance to the Latin American buildi ng Latin American Parliament (PARLATINO) in its capacity Parliament as Technical Secretariat of the PARLATINO Environment Commission. In this capacity ROLAC has: 1. Provided assistance to elaborate a draft resolution on the establishment of a special Commission on Sustainable Development, to be adopted by the General Assembly of the PARLATINO. 2. Collaborated in the organisation and conduct, preparation of the relevant technical and background documents, preparation of the agendas and invitation of experts for the Ordinary Meetings held twice a year by the PARLATINO Environment Commission. 3. Organised workshops on specific environmental subjects for the PARLATINO Environment Commission: (i) Implementation of Agenda 21 and the WSSD process; climate change and the Kyoto Protocol; the Cartagena Protocol on Biosafety; the Relationship between
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Activity Date - Objective/output Targe t MP3 Areas Venue group area covered Genetic Resources, Biodiversity, Trade and Intellectual Property Rights, September 28-30, Sao Paulo, Brazil. Workshop on Environmental Law - biodiversity and Biosafety, July 11-12, 2002, Mexico City, with the participation of 30 parliamentarians; Workshops on Water and Biosafety, Mexico City, November 2003. 4. Assisted the PARLATINO in its preparation for the WSSD by preparing a questionnaire, to be answered by the member countries of PARLATINO, on progress made in national environmental legislation after the UN Conference on Environment and Development in 1992, in particular regarding implementation of Agenda 21 and the Rio Agreements and the organisation of a meeting specially devoted to the analysis of progress of environmental legislation in Latin America during the last decade where presentations were made by ROLAC/DPDL Officer on the regional preparatory process for the World Summit on Sustainable Development. Output: The adoption of the Guatemala (2001) and the Montevideo (2002) Declarations on the role of PARLATINO in the attainment of sustainable development. The latter was presented to the WSSD. Regional 26-28.1.00 ROLAC organised and conducted the 4th 2 Capacity Judicial Mexico City Regional Judicial Symposium: building Symposium “Environmental Law and Sustainable Development: Access to Environmental Justice in Latin America. The purpose was to generate a dialogue among national high level judges on environmental law and sustainable development and to discuss problems presented both in theory and practice regarding access to environmental justice in certain countries of Latin America. Output: The Mexico Declaration was adopted. An electronic forum for judges’ discussion and exchange was established. Regional 8-10.4.01 UNEP/ROLAC and its INECE 2 Capacity Judicial Castries, (International Network for Environmental building Symposium Saint Lucia Compliance and Enforcement) partners5 organised the 5th Regional Judicial Symposium on Environmental Law and Sustainable Development for the countries of the English-speaking Cari bbean. The Caribbean symposium was the fifth of a series of successful judicial symposia organised by UNEP in various regions of the world. These events follow the recognition of the Judiciary as a crucial partner in promotion of compliance with and enforcement of international and national environmental law. The judicial symposia respond to the mandate given to UNEP. In the LAC region, it has a specific mandate. The Forum of Ministers of Environment of Latin America and the Caribbean requested
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Activity Date - Objective/output Targe t MP3 Areas Venue group area covered UNEP/ROLAC, through Decision 10, adopted at its XII Meeting (Barbados, 2000), “to organise, in collaboration with other organisations, a Judicial Symposium on Environmental Law and Sustainable Development for countries of English-speaking Caribbean and for other sub-regions. Output: Participation of and exchange among high-level Justices and Prosecutors from seventeen Caribbean islands; establishment of a scheme for regional co-operation among Judiciaries in the Caribbean countries, including collation and dissemination of information and material on Environmental Law among Caribbean; adoption of a Caribbean Judges Declaration of Purposes: the Castries Resolution, in which judges made recommendations to their Judiciaries, Parliaments and governments as well as to international organisations, in order to further development of environmental law and guarantee its access Judges Ad Hoc 30-31.1.03 UNEP/ROLAC contributed to the 2 Capacity follow up Nairobi, organisation of the Judges Ad Hoc building meeting to the Kenya Meeting for the Development of a Plan Global Judges of Work as a follow-up to the Global Symposium Judges Symposium Relating to Capacity Building of Judges, Prosecutors, and Other Legal Stakeholders. Output: Secured advice of the participants (25 judges - mainly Chief Justices, representing different regions and legal systems) on the proposed programme of work for capacity building of the judiciary and other legal stakeholders in the field of environmental law; national and regional capacity building plans were developed; the identification of training, information, and equipment needs and priority areas of intervention; exposure, sharing experiences and networking which has an effect of influencing changes within and learning from one another. Latin America 23-24.9.03 The Symposium was organised by 2 Capacity Needs Buenos UNEP/ROLAC in collaboration with building Assessment and Aires FARN (Environment and Natural Judges Planning Resources Foundation - Argentina) and Meeting the World Bank Institute. 54 high-ranking judges, prosecutors and Directors of Judicial Academies from throughout the Latin American countries participated in the event. Output: The Declaration of Buenos Aires was adopted. A preliminary plan of work for judges and prosecutors capacity building activities at the national and subregional levels was designed taking into account the national needs and priorities with the support of Chief Justices and Senior Judges, including those in charge of the Judicial Academies, and prosecutors drew participating in the symposium, as required by Governing Council decision 22/17 IIA. Summaries of Judicial Decisions on Environmental Matters,
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Activity Date - Objective/output Targe t MP3 Areas Venue group area covered adopted by the Judiciaries of the Latin American countries were published in Spanish by UNEP/ROLAC in the book “Resúmenes de Sentencias Judiciales en Materia Ambiental” in September 2003. This publication was presented and distributed in the Latin American Regional Justices and Prosecutors Needs Assessment and Planning Meeting. Central America, 14-15.11.02 The 1st Central America, Panama and 2 Capacity Panama and Tegucigalpa, Belize Meeting on Environmental Justice building Belize meeting Honduras in the Framework of the Criminal on Procedural System was supported and environmental co-organised by ROLAC. The event was justice designed to raise the awareness of the region's judges and prosecutors of the importance of environmental laws in an expectation that future environmental cases would receive greater consideration by the Central American legal system. Approximately 120 judges and prosecutors attended the meeting. The Attorney Generals from the seven Central American countries also participated in the event and signed an agreement where they committed themselves to strengthen their cooperation on environmental cases by supporting the Network of Environmental Justice. Symposium 7.5.03 UNEP/ROLAC supported the 2 Capacity “Sustainable Trinidad and organisation of the symposium building Development, A Tobago “Sustainable Development, A Legal Legal Perspective” which was organised by the Perspective” Environmental Commission (Superior Court Record). The Symposium convened representatives from all sectors of society and from the judiciary, legislative and executive branches of that country. Meeting of 25-27.9.03 UNEP/ROLAC collaborated in the 2 Capacity Argentinean Villa la organisation and participated in the building Federal Judges Angostura Meeting. Output: The permanent on Sustainable Argentina Environmental Forum of Argentinean Development Federal Judges was founded English - 11-12.6.04 ROLAC organised, supported and Judges and 2 Capacity speaking Trelawny, conducted the meeting. Output: The prosecutors building Caribbean Chief Jamaica Jamaica Statement and relevant Justices Needs- regional and national capacity building Assessment and programmes of work for judges and Planning prosecutors. Meeting Support and 19-21.9.02. Provision of support and assistance to National and 2 Capacity assistance to the the work of national and State/local State/local building Mexican Colima, parliamentarians i.e. legal assistance to parliamentar Federation on Mexico State Parliaments of the Mexican ians the outcome of Federation on the results of the the Jo’burg Johannesburg Summit on Sustainable Summit. Development, provided at the request of the Congress of Colima, Mexico. Second National Meeting of State Parliamentarians on Environmental Matters. This assistance has been followed by consultations on legal drafting of specific legislative instruments being prepared by the State Parliaments; Third National Meeting of Local Parliamentarians on Environmental Matters, organised by the
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Activity Date - Objective/output Targe t MP3 Areas Venue group area covered Congress of the Federal District of Mexico, hel d in the Congress of the Federal District from 27 February to 1 March 2003; assistance to the Congress of the Federal District of Mexico, commenting on and making suggestions to improve the Draft Water Act for the Federal District. UNEP/ROLAC also participated in a consultation meeting organised in February 2003; assistance to the Congress of Chihuahua, a State of the Mexican Republic, commenting on and making suggestions to improve the text of the framework environmental Act for the State (Framework Law for Ecological Balance and Environmental Protection), in March 2003.
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Part IV: Areas of focus for the future
VIII. Introduction
334. All the topics identified in MPIII remain of significance and should continue to be implemented in accordance with GC Decision 31/23 of 9 February 2001. There are compelling reasons, however, that warrant giving special emphasis to particular aspects of some MPIII topics during the next five years. These areas of focus for the future are outlined in section a) below. Sections b) – i), below, address considerations that should be taken into account in MPIII activities. Finally, section j) briefly discusses preparation for the Montevideo Programme for the Second Decade of the Twenty-first Century (Montevideo Programme IV). 335. In considering these areas of focus for the future, it is useful to take into account Paragraph 5 of the Millennium Declaration, which provides that “the central challenge we face today is to ensur e that globalization becomes a positive force for all the world’s people.” The globalization paradigm contains elements that are common to all of these areas of focus. Specifically, the phenomena of economic integration, the growing interconnectedness of states and societies, and the nexus between poverty, environment, and governance frame the issues that are presented in this Part. It is useful as well to be mindful of MDG 7 (ensure environmental sustainability) in addressing these areas of focus. IX. Legal aspects of environmental problems that merit special attention
336. The following aspects of MPIII topics warrant special attention. A. Freshwater Resources (MPIII, area 10)
1. Conservation, Protection, and Sustainable Development of Freshwater Resources and International Watercourses
337. The Millennium Declaration (para. 23) resolves to stop the unsustainable exploitation of freshwater resources by adopting integrated water management strategies at all appropriate levels of government. The WSSD Plan of Implementation (paras. 24 – 29) endorses this general goal in much greater detail. Preservation of freshwater resources serves as a critically important tool for achieving the drinking water access and affordability goals that are discussed above, and also directly addresses the need for ecosystem protection as an independent goal. 338. UNEP should proceed to support freshwater resource protection strategies at various government levels. Activities at the national level should concentrate on providing assistance in developing and implementing national laws and policies relating to: conservation, protection, integrated management and sustainable use of fresh water resources, both surface water and groundwater; the prevention of pollution of water resources, including pollution from agriculture; and development and implementation of national legislation to implement international obligations concerning the use, protection and sustainable development of international watercourses. 339. Agricultural water use accounts for about 75% of total global freshwater consumption, mainly through crop irrigation, while industrial use accounts for about 20%, and the remaining 5% is used for domestic purposes. In Africa and Asia, the agricultural sector accounts for an estimated 85-90 percent of all the freshwater used. Water-related subsidies can lead to the wasteful use of water for agricultural (and other) purposes. Subsidies encourage wasteful practices, such as excessive irrigation. Too much irrigation often leads to additional environmental problems, including the water-logging and salinization of irrigated croplands. Also, the intensive use of fertilizers and pesticides in irrigated (and other) areas contributes to the pollution of soils and water resources. When addressing issues concerning freshwater resources, UNEP should give particular attention to pollution resulting from agriculture. 340. UNEP activities at the regional and international level should focus on reviewing existing rules and regulations, including agreements, relating to trans -boundary water issues in order to determine the need for more elaborate principles or standards to ensure sustainable use and development of trans- boundary water resources and associated ecosystems. Regional and international assistance should also be provided, upon request, to states in elaborating existing international rules and regulations including agreements to advance sustainable use and development of trans-boundary water resources. UNEP
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should also encourage co -operation between concerned States to enhance sustainable use development of shared water resources, e.g. by adopting agreements or establishing joint management mechanisms.
2. Equitable, Affordable Access to Safe Drinking Water
341. The Millennium Declaration (paras. 19 and 23) resolves to provide equitable and affordable access to safe drinking water, and adopts the specific goal of halving, by 2015, the proportion of people who are unable to reach or to afford safe drinking water and basic sanitation. Paragraphs 8 and 25 of the World Summit on Sustainable Development (WSSD) Plan of Implementation also incorporate this goal, as part of the effort to alleviate the effects of poverty, and with a particular focus on the needs of children. A right to water is articulated directly or indirectly in several international agreements, including, e.g., Articles 11 and 12 of the International Covenant on Economic, Social and Cultural Rights. The lack of clean water supplies and sanitation remains a major problem in many parts of the world, with 20% of the global population lacking access to safe drinking water. Projected population increases will place further demands on fresh water. Poor people in developing countries bear a disproportionate share of this current and future burden. 342. The fresh water crisis is now a central pre-occupation. It was a priority for the UNEP Governing Council/Global Ministerial Environment Forum, whose 8th special session in March 2004 focused on how to accelerate implementation of the WSSD outcomes and how to achieve the targets in MDGs relating to water. At that Forum, ministers from 158 countries adopted the “Jeju Initative” promising constructive dialogue and action to address environmental problems in the areas of water, sanitation and human settlements. 343. There is support in some quarters for increased privatization of drinking water systems and corresponding price increases as a means to improve management of drinking water resources, provide capital for development of those resources, and provide an incentive for conservation of those resources. There are also concerns that water privatization and price increases can overwhelm countries’ regulatory capacities and exacerbate the inequities faced by poor people regarding this fundamental necessity of life. Resolving these concerns will undoubtedly involve legal approaches and mechanisms. 344. UNEP has undertaken significant work in water policy development and in promoting intergovernmental dialogue on water policy challenges. The Environmental Law Programme should now incorporate the legal dimensions into the ongoing water policy work at the national, regional and global levels within MPIII area 10, with a focus on legal mechanisms that will further Integrated Water Resource Management practices to achieve access and affordability goals while remaining mindful of the need for conservation and protection of both surface water and groundwater resources. In developing these legal mechanisms, UNEP should take into account the results of the Millennium Ecosystem Assessment (scheduled to be released in 2005), which is examining the state of both surface water and groundwater resources and the potential impact that meeting the UN Millennium Development and WSSD water goal would have on such resources. B. Strengthening and Development of International Environmental Law (MPIII, area 5)
1. Filling the Gaps in International Environmental Law
345. The MPIII goal “to strengthen and further develop international environmental law, building on the existing foundations,” reflects an urgent need to fill the gaps and weaknesses in existing international environmental law in responding to existing and emerging global and regional environmental challenges. UNEP’s continued leadership in this area will be fundamental to ensuring international environmental law evolves effectively over time. Also in this regard, UNEP should undertake studies in cooperation with the appropriate intergovernmental bodies with a view to determining the nature, scope and possible application of rights-based environmental rules. 346. Pursuant to the Millennium Declaration resolution to “adopt in all our environmental actions a new ethic of conservation and stewardship” (para. 23), UNEP may want to pay particular attention to the possible need for work on legal mechanisms to address particular environmental threats that are widely acknowledged to present a clear danger of severe harm to human health and the environment, but which are not fully addressed by existing international instruments and national legislation and policies. Among these threats are long-range trans-boundary impacts to air, land and water resources from emissions of nitrogen oxides and sulfur dioxide due to combustion of coal, oil and other fossil
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fuels by power plants, motor vehicles and other sources (addressed, for example, by the Convention on Long-range Trans-boundary Air Pollution (LRTAP) in the 1988 Sofia Protocol Concerning the Control of Emissions of Nitrogen Oxides or their Transboundary Fluxes and the 1994 Oslo Protocol on Further Reduction of Sulphur Emissions). Such impacts include increased morbidity and mortality, acidification and eutrophication of water bodies, and damage to terrestrial ecosystems (LRTAP 1999 Gothenburg Protocol to Abate Acidification, Eutrophication and Ground-level Ozone). Other transboundary threats include mercury and other heavy metals (LRTAP 1998 Aarhus Protocol on Heavy Metals ), destructive or pollution-causing activities in marine areas, and the potential dangers of new technologies such as biotechnology (genetically modified organisms) and nanotechnology (the ability to work at the molecular level to create larger structures with fundamentally new molecular organization). UNEP should also consider the possible implications for gaps in international environmental law in connection with the Strategic Approach on International Chemicals Management, which was launched pursuant to the WSSD Plan of Implementation, and seeks to identify and address gaps in the sound management of chemicals. 2. Regional and Sub-regional Approaches to International Environmental Law
347. The development of bilateral, regional and sub-regional approaches to international environmental law is becoming more important and requires more capacity in developing countries and countries in economic transition. This is supported by MPIII, area 2, whose objective is to “strengthen the regulatory and institutional capacity of developing countries, in particular the least developed and small island developing States, and countries with economies in transition, to develop and implement environmental law.” UNEP’s efforts to control air pollution (Asia) and conserve biodiversity (Africa) are examples of the type of activities that need to continue in the future. 3. Criteria for new international environmental instruments
348. The objective of MPIII, area 6 is to “promote, where appropriate, harmonized approaches to the development and implementation of environmental law and encourage coordination of relevant institutions,” and the eighth MDG is to “develop a global partnership for development.” There continues to be a great need in the international community to develop a set of criteria for determining the necessity for and feasibility of new international environmental instruments, taking into account existing instruments and practice. Steps to develop this important element of MPIII should be taken. 4. Public Participation
349. As Rio Declaration Principle 10 states: “Environmental issues are best handled with the participation of all concerned citizens, at the relevant level.” The Millennium Declaration (para. 25) similarly resolves to “work collectively for more inclusive political processes, allowing genuine participation by all citizens in all our countries.” Likewise, the objective of MPIII, area 7 is to “improve the quality of decision-making in environmental matters through increased transparency, access to information and public participation.” UNEP should assist in building the capacity of developing countries and countries in economic transition to integrate best practices of public participation in environmental lawmaking. In this regard, UNEP should support the Partnership for Principle 10 and its efforts to strengthen public participation and access to information.
5. Rights -Based Approach to Environmental and Development
350. The Millennium Declaration (para. 25) resolves to “strive for the full protection and promotion in all our countries of civil, political, economic, social and cultural rights for all.” The relationship between international human rights law and international environmental law continues to emerge as an important area for promoting sustainable development. 6. Forests
351. Forest resources are subject to intense and increasing pressures. Considering the vital role of forests in protecting our common environment, the Millennium Declaration (para. 23) calls upon the world community to “intensify our collective efforts for the management, conservation and sustainable development of all types of forests.” Paragraph 45 of the WSSD Plan of Implementation similarly acknowledges that sustainable forest management “is essential to achieving sustainable development as well as a critical means to eradicate poverty, significantly reduce deforestation, halt the loss of forest
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biodiversity and land and resource degradation and improve food security and access to safe drinking water and affordable energy.” Accordingly, MPIII’s strategic goal in this regard is to promote the development and implementation of measures aimed at the protection, conservation and sustainable use of forests. Therefore, UNEP should assist on-going efforts addressing forest issues.
C. Coastal and Marine Ecosystems (MPIII, area 11)
352. Coastal and marine ecosystems are addressed in area 11 of the Montevideo III Programme. Within this area, the following are specific issues that merit attention.
1. Revitalization of Regional Seas Programme
353. Protection of coastal and marine ecosystems is critical to the global environment. Yet these resources are under a high and increasing level of stress. MPIII calls for improving the integrated management, conservation, and sustainable use of these resources through effective implementation of international instruments and domestic laws. 354. The Governing Council and Global Ministerial Environment Forum have repeatedly called for the revitalization of the UNEP Regional Seas Programme in order to address this concern. The Johannesburg Plan of Implementation accords prominent attention to the work being undertaken by UNEP within the framework of the Regional Seas Programme and the Global Programme on Land- Based Sources of Pollution. The Environmental Law Programme should focus greater attention on supporting the revitalization process of the Regional Seas Conventions. In this regard, UNEP should place particular emphasis on improving the protection of coral reefs, wetlands, mangroves and other coastal and marine ecosystems. Developing legal mechanisms that promote community-based marine resource management systems and, as appropriate, co-management of those systems, should be considered in this regard. UNEP sho uld also collaborate with the relevant international bodies on legal issues relating to longline fishing, bottom trawling, and pollution from mercury and other heavy metals, as described below. 2. Mercury Contamination
355. Mercury is a naturally occurring chemical that once released into the environment is persistent, mobile, bioaccumulative, and highly toxic to humans and wildlife. The general population is exposed to mercury primarily in the form of methylmercury through consumption of fish contaminated directly by mercury discharged into water and indirectly by mercury emitted into the air and ultimately deposited in water. The primary sources of mercury contamination are coal-fired power plants, mining, waste incineration, and landfill operations. Local and regional depositions of mercury enter a global mercury cycle, with the result that even nations with minimal mercury releases, and other areas remote from industrial activity, may be adversely affected. Recent evidence suggests that mercury is responsible for harming ecosystems through a reduction of micro-biological activity vital to the terrestrial food chain in soils over large parts of Europe – and potentially in many other places in the world with similar soil characteristics. UNEP participated in a 2002 report by the Inter -Organization Programme for the Sound Management of Chemicals, “Global Mercury Assessment,” which detailed these concerns. Based on this report, the Governing Council determined in 2003 that “there is sufficient evidence of significant global adverse impacts from mercury to warrant further international action to reduce the risks to humans and wildlife from the release of mercury to the environment.” The Governing Council asked UNEP in Decision 22/4 to undertake various activities to support the efforts of countries to take action on mercury pollution. 356. UNEP has recommended a four step approach to reducing mercury releases that affect coastal and marine ecosystems: 1) reducing mercury mining and consumption of raw materials and products that generate releases; 2) substitution of products and processes containing or using mercury; 3) controlling mercury releases through end-of-pipe controls; and 4) mercury waste management. UNEP should further consider the use of legal mechanisms to enhance these efforts in fulfilling the mandate of the Governing Council. Developing legal mechanisms to address small-scale or artisanal mining in developing countries would be of particular benefit.
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3. Bottom Trawling
357. In order to meet the MPIII general goal (reiterated in the WSSD Plan of Implementation, Para. 30) of protecting marine ecosystems, it is necessary to address some particularly important issues. Among these is deep-sea bottom trawling, which involves the dragging of weighted nets across the sea floor to catch bottom-dwelling fish. Bottom trawling creates pressure on the biodiversity of ecosystems by depleting the targeted fish stocks and damaging or destroying non-targeted species that depend on the community of plants and animals on the sea bottom for survival. The WSSD Plan of Implementation (Para. 32) specifically calls for protection of vulnerable marine areas and elimination of destructive fishing practices. Seamounts represent the type of ecosystem that is perhaps the most threatened by bottom trawling. Seamounts are steep -sided, undersea mountains that are widely distributed in the world’s oceans and contain a unique habitat characterized by slow-growing, long- lived, high value fish species. 358. In Decision VII/5, the Conference of the Parties of the Convention on Biological Diversity in February 2004 called for action to protect seamounts, hydrothermal vents, cold-water corals and other vulnerable ecosystems in areas beyond national jurisdiction. The June 2004 meeting of the United Nations Open-Ended Informal Consultative Process on Oceans and the Law of the Sea subsequently urged the General Assembly to consider specific measures that would limit bottom trawling, such as an interim prohibition on destructive practices adversely affecting seamounts and other vulnerable ecosystems. One legal question is whether the Seabed Authority created under the United Nations Convention on the Law of the Sea has jurisdiction over seamounts. 359. Working within its capacity and jurisdiction, UNEP should provide assistance as appropriate to the UN and its subsidiary bodies, regional seas programmes, and national governments to adopt and implement appropriate international agreements, statutes and policies that will adequately address bottom trawling and other destructive fishing practices that affect vulnerable ecosystems. 4. Longline Fishing
360. Longline fishing is another fishing practice that can harm marine environments. Longline fishers set a single line up to 130 kilometers long with thousands of attached baited hooks. Some of the hooks are not eaten by the intended fish targets, but rather by albatrosses and other sea birds that are dragged under the water after the hooks are set and drown. More than 300,000 seabirds are killed in this fishing procedure every year. 361. Various international agreements have provisions addressing longline fishing. In 2001, under the Convention on the Conservation of Migratory Species of Wild Animals (Bonn Convention), the Agreement on the Conservation of Albatrosses and Petrels requires signatory states to take specific measures to reduce seabird by-catch from longline fishing. Six countries including Argentina, Australia, Ecuador, New Zealand, Spain, and South Africa have ratified and signed the treaty that went into force on February 1, 2004. The United Nations Food and Agriculture Organization has developed an International Plan of Action that encourages individual countries to develop a National Plan of Action to reduce seabird by-catch death. UNEP should encourage appropriate action, such as the implementation of the FAO recommendations involving a national promise to reduce by -catch of seabirds from longline fishing. D. Trade and Environment (MPIII, area 18)
362. The Doha Ministerial Declaration and the Conference on Financing for Development recognized that in order to secure an appropriate balance between trade, investment, finance and environmental protection there is an urgent need to encourage further the complementarity and mutual supportiveness of measures relating to environmental protection, international trade, investment and finance. The Millennium Declaration (para. 30) also calls for greater policy coherence. The following specific issues merit special attention. 1. Relationship between Multilateral Trade Rules and Trade-Related Measures in Multilateral Environmental Agreements
363. The relationship between trade rules and “specific trade obligations” in Multilateral Environmental Agreements (MEAs) is ambiguous. Given the expeditious and binding nature of dispute settlement in the WTO, some are concerned that issues related to the implementation of MEA obligations could be adjudicated in the WTO rather than within the relevant MEA.
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364. The WTO Doha Ministerial Declaration, with “a view to enhancing the mutual supportiveness of trade and environment”, agreed to negotiations on the relationship between existing WTO rules and specific trade obligations set out in MEAs, though limiting those negotiations, for instance, to the applicability of WTO rules among parties to the MEA in question. The Doha mandate reflects concerns regarding the “chilling effect” of an uncertain relationship between trade-related environmental measures and trade rules on international environmental law. Moreover, it is a consequence of calls for the WTO to give legal weight to MEAs. 365. UNEP is already involved in helping to support some of the MEA secretariats in the current negotiations. UNEP’s role as a host organization for several of the secretariats gives it a clear interest. T hese negotiations raise fundamental issues of international environmental governance and how legal conflicts between co-equal bodies of international law should be resolved – from both procedural and substantive viewpoints. In addition, UNEP has participated in examining the integration of trade and environmental concerns at the national level. UNEP should continue these activities. 2. Liberalization of Trade in Environmental Goods and Services
366. The treatment of environmental goods and services (EGS) is on the negotiating agenda of the WTO. Many believe there could be win-win outcomes if trade in EGS is liberalized at an accelerated pace (wins for trade, the environment and economic growth). The main concerns at this point are definitional – how to define environmental goods and services. 367. This issue is being discussed within several WTO committees: the Committee on Trade and Environment (CTE) and the negotiating groups on non-agriculture market access, and within the services negotiations. The topic has also received attention within OECD and the Asia-Pacific Economic Cooperation (APEC) forum. The United Nations Conference on Trade and Development (UNCTAD) is also active in the arena and has worked to identify developing country opportunities to export “environmentally preferable products.” 368. UNEP should work to ensure that any preferential trade terms for EGS be based on true environmental benefits from such products. UNEP should seek to be involved in the legal definitions of EGS in a way that helps produce economic as well as environmental benefits to developing countries. 3. Environmentally Harmful Subsidies
369. Quite apart from the work on how agricultural subsidies may affect freshwater supplies discussed above, there has been a significant amount of work done to identify environmentally harmful subsidies in various sectors including fisheries, energy, forestry, and transportation. However, relatively little attention has been focused on what legal tools can be used to get countries to reduce such subsidies. 370. Fishery subsidies are a topic of negotiation in the Doha Round of WTO negotiations. Other forms of environmentally harmful subsidies (such as those to nuclear energy, fossil fuels, and certain large infrastructure projects) are not likely to be addressed in that forum. OECD has done some general work, as have other organizations, but there does not appear to be any systematic effort underway to get countries to phase out such subsidies. 371. While largely an economic issue, addressing the problem may well require collective legal action (either through negotiation or by use of existing and future disciplines in the trade rules against subsidies) to spur action. A careful legal strategy is required in order to be able to remove those subsides that are environmentally harmful while preserving the ability to subsidize environmentally beneficial activities. 4. A More Nuanced Approach to Production and Process Methods (PPMs)
372. Most environmental regimes distinguish between products or services based on the way in which they are produced or processed even if there is no discernable difference in the end product or service. Many in the trade regime historically regarded such distinctions as invalid, although recent jurisprudence at the WTO suggests otherwise. The issue is highly charged politically and underlies the inability of discussions at the WTO to make much progress on issues involving environmental regulations. 373. The issue comes up repeatedly in discussions at various WTO committees, including the CTE, the Committee on Sanitary and Phytosanitary Measures, and the Committee on Technical Barriers to Trade. It is also widely discussed in other fora such as UNCTAD and OECD.
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374. UNEP should strive for a constructively nuanced approach to the PPM issue that would help move the Trade and Environment debate further than has been possible in the last decade, and UNEP should seek an approach to the PPM issue that will safeguard the legitimate exercise of national regulatory functions while ensuring that protectionist use of environmental regulation is addressed. One way that UNEP could contribute in this area is through the design of multilateral standards. Examples of de facto standards include the Equator Principles and the World Bank’s pollution abatement handbo ok. UNEP’s participation in further developments in this area should occur with the impacts on PPMs in mind. 5. Environmental Standards for International Investment
375. The objective of MPIII, area 18 is to “secure environmental protection objectives in international trade, investment and financial laws and policies in order to achieve sustainable development and the appropriate balance between trade and environmental objectives.” Both public and private financial institutions that support international investment have begun developing standards for environmental assessment, transparency and in some cases environmental performance. Examples include the Equator Principles, which have been agreed to now by over 25 leading commercial banks, and the OECD Recommendation on Common Approaches on Environment and Officially Supported Export Credits. These policies set important minimum standards governing project finance and both reflect and guide the development of international environmental standards. UNEP should analyze the gaps and strengths of various approaches to environmental standards for international investment and present guidance for minimum environmental standards for investment. For this purpose UNEP should cooperate with states, international financi al institutions and other relevant organisations to analyse the issues arising from agreements between host States and foreign investors, taking into account case law. 6. Intellectual Property Issues
376. In that regard, UNEP should support the work currently underway to develop an international regime on access and benefit -sharing within the framework of the Convention on Biological Diversity, including with reference to the Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of the B enefits Arising Out of Their Utilization. In addition, UNEP should build on the work conducted jointly with the World Intellectual Property Organization (WIPO) to identify any modifications necessary in international intellectual property rules to ensure that traditional knowledge is accessed with the prior informed consent of countries and communities and that the benefits arising from that access and use are shared equitably. Moreover, work with WIPO should be undertaken to establish the instances where existing forms of intellectual property protection may be appropriate for traditional knowledge, as well as to clearly establish the limitations of intellectual property mechanisms in that context. Also, UNEP should work to insure that small- and medium-sized enterprises, which can be important conservators of forest resources, are provided an appropriate role in forest development activities. In addition, UNEP should consider the proper use of ecolabeling programs within the context of sustainable development of forests. E. Implementation, Compliance, and Enforcement (MPIII, area 1)
1. Effective Procedures and Mechanisms to Enhance Compliance with Multilateral Environmental Agreements
377. The international community has adopted a broad array of multilateral environmental agreements intended to address threats to living natural resources, oceans and waterways, the atmosphere, and other environmental issues of international concern. Due to the increasing complexity and cost of dealing with these “global co mmons” challenges, and the fact that no individual country can solve them on its own, states desire reassurance that their efforts to fulfill their treaty obligations will be met by similar efforts on behalf of those states with similar obligations. Consequently, states are considering and developing increasingly sophisticated procedures and mechanisms to enhance compliance under multilateral environmental agreements. 378. Many MEAs contain provisions requiring parties to at least consider compliance-related issues. At a minimum, this may entail reporting by parties on their implementation of treaty obligations, and some procedure for distribution and/or review of such information. Other agreements—especially those that may have significant impacts on trade and commerce, such as the Montreal Protocol on Substances that Deplete the Ozone Layer and the Kyoto Protocol to the Convention on Climate Change —provide a venue for in-depth compliance review and the creation of formalized, complex procedures for
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determining and responding to cases of non-compliance. Additionally, agreements that have recently entered into force, such as the Stockholm Convention on Persistent Organic Pollutants and the Rotterdam Convention on Prior Informed Consent, contain requirements for parties to develop and approve procedures and mechanisms for determining and treating cases of non-compliance. 379. Consensus on compliance systems under MEAs often remains elusive, with some states desiring stronger enforcement measures that may include legally binding consequences for non-compliance; some states advocating a more facilitative approach based on the provision of advice and capacity building assistance; and others stating that compliance is an issue best not placed on the agenda until parties have gained experience implementing the MEA. Some of these differences may stem from a state’s constitutional system and general attitude towards the appropriate role of international law. Additionally, a state’s position on compliance may be informed by whether it anticipates that it may have difficulty complying with the commitments of a specific MEA, or the extent to which it believes it may be impacted by the harms the MEA addresses. 380. Since the Montevideo II Programme, the UNEP Governing Council has repeatedly identified compliance and enforcement of MEAs as a crucial issue. In 2002, the Council culminated a multi-year intergovernmental process by adopting “Guidelines on Compliance with and Enforcement of Multilateral Environmental Agreements.” The Guidelines are advisory and are intended to assist stakeholders in enhancing and supporting compliance with multilateral environmental agreements. UNEP should continue to facilitate an enhanced understanding and appreciation among stakeholders of the need for effective compliance systems. It should do this through both the intergovernmental process and in its capacity as secretariat for MEAs. 2. Strengthening the Enforcement of Domestic Laws that Implement Multilateral Environmental Agreements
381. Most countries enact in good faith domestic law intended to enable their compliance with multilateral environmental agreements to which they are party. Yet many of these countries, particularly those in the Global South and the transition economies, may lack the cap acity to implement and enforce their environmental laws. This lack of capacity increases the possibility that a country may not be able to comply with its treaty commitments, and that the MEA will not accomplish its objectives. 382. This issue has been and remains an important consideration in nearly all MEAs for which compliance is an agenda item. A number of intergovernmental and nongovernmental fora have also focused on it. At the World Summit on Sustainable Development, numerous partnerships were announced between various countries and stakeholders that include components aimed at enhancing enforcement of national environmental laws. The International Network on Environmental Compliance and Enforcement (INECE), a partnership of government and non -government enforcement and compliance practitioners from over 100 countries, is working to strengthen capacity to implement and enforce environmental requirements. Other public-private partnerships, such as the Partnership for Principle 10 (in which UNEP is a partner), may also enhance domestic environmental compliance by strengthening the role of the public in environmental decision-making. 383. Most countries agree that enhancing the capacity of states to implement and enforce their domestic environmental laws is critical to increasing compliance with, and attaining the objectives of, MEAs. Yet the resources essential to realizing that goal have not always been forthcoming, and states may not agree on who should be primarily responsible for providing them. 384. In addition to facilitating consideration of compliance issues under MEAs, the 2002 UNEP Compliance Guidelines contain a chapter entitled, “Guidelines for National Enforcement, and International Cooperation in Combating Violations, of Laws Implementing Multilateral Environmental Agreements.” The Guidelines stress international cooperation and coordination by establishment of communication channels and information exchange among UNEP, MEA secretariats and relevant organizations. The Governing Council has asked UNEP t o take steps to advance capacity building for environmental enforcement in developing countries, particularly the least developed countries and countries with economies in transition, and has requested UNEP to seek additional extra-budgetary resources to facilitate the implementation of the guidelines. UNEP should continue its efforts in this area, including through preparation of reference materials and handbooks, capacity building workshops, and initiatives such as the Partnership for Development of Envi ronmental Law and Institutions in Africa (PADELIA).
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4. Civil Liability Approaches to Enhance Implementation of Environmental Law
385. Adequate redress for damage and injury caused by trans -boundary pollution, transgenic contamination, unauthorized shipment of toxic wastes or chemicals, etc., is often unavailable to the victims of such harms. MEAs may be instrumental in creating the necessary international framework for addressing this problem. Moreover, the existence of effective liability rules can provide an important incentive for promoting compliance by states, commercial entities, and individuals with norms established under MEAs. 386. A number of MEAs have adopted, or are exploring the adoption of, rules and guidelines relating to liability. Prominent examples include the Basel Convention on Trans-boundary Movements of Hazardous Wastes and Their Disposal, which has adopted a liability and compensation protocol (not yet entered into force) and the Cartagena Protocol on Biosafety to the Convention on Biological Diversity. The Biosafety Protocol recently launched a negotiating group of legal and technical experts on liability and redress for damages resulting from trans-boundary movements of genetically modified organisms, with a mandate to develop a liability regime by 2008. Significant legal instruments relating to liability for oil pollution at sea have been developed under the auspices of the International Maritime Organization. 387. While the number of multilateral agreements related to environmental liability and compensation is increasing, support for them may sometimes be split on the basis of whether a state perceives itself or its citizens as potential victims of environmental harms or defendants in liability claims. This divergence may result in the agreements being adopted but not entering into force or, for those agreements that do enter into force, in situations where states that perceive themselves or their citizens as likely defendants in liability claims not ratifying them. Moreover, differing views exist regarding the use of “non-liability mechanisms” such as funds to provide compensation where liable parties cannot be identified, and regarding matters connected to causation, access to justice, fault -based and strict liability, and other issues. 388. In addition to activities related to its role as secretariat to numerous MEAs, UNEP has held experts meetings regarding the subject of environmental liability. The first of these meetings took place in May 2002. Discussions at the meeting were based in part upon a review of liability and compensation regimes related to environmental damage that was prepared by the UNEP secretariat. UNEP should redouble efforts to further develop these expert meetings, and it should coordinate its efforts with MEA secretariats and other institutions, such as the International Law Commission, that are considering environmental liability. In particular, UNEP should consider ways to facilitate bridging the interest gap between different states that are inclined to support or oppose the development of effective liability regimes. F. Alignment of MPIII to achieve MDGs
389. Designing and implementing activities pursuant to MPIII, including the areas for special attention identified above, should be done in a manner that supports achieving MDGs adopted by the General Assembly on 8 September 2000 (A/55/L.2). The Plan of Implementation of the World Summit on Sustainable Development adopted at the 17th plenary meeting, on 4 September 2002, and the Malmo Ministerial Declaration adopted at the First Global Environment Ministers Forum on 31 May 2000, should also be borne in mind. 390. To a large extent, the goals and nature of MPIII ensure this will happen because MPIII was consciously designed as a strategic plan to help achieve the environment -rel ated aspects of the MDGs. For example, MDG 7 is “Ensure environmental sustainability”; and the Millennium Declaration expressly recognizes “Respect for nature” as a fundamental value (para. 6), part IV calls for “Protecting our common environment” (paras. 21 -23), and several other paragraphs deal with environmental or environment -related issues (e.g., paras. 19, 28). Implementing MPIII will naturally support those aspects of the MDGs. Similarly, because MPIII is aimed at strengthening environmental law and its enforcement and takes into account rights-based approaches, implementation of MPIII will support the Millennium Declaration’s emphasis on promoting freedom, equality and the rule of law (e.g., Millennium Declaration paras. 6, 9, 24). Because UNEP typically is careful to involve all elements of society in its deliberations and activities, MPIII will also serve to strengthen the United Nations (Millennium Declaration para. 30).
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391. MPIII should, in addition, be implemented with specific attention to the emphasis of the MDGs and the Millennium Declaration on alleviating poverty and protecting the vulnerable, especially children (MDGs 1, 4, 5, 6, 8; Millennium Declaration paras. 2, 6, 11-20). This could be done, for example, by evaluating alternative strategies and measures for implementing MPIII in terms of their potential impact on protecting vulnerable people (e.g., identifying any specific implications for improving children’s health) or alleviating poverty (e.g., identifying any specific implications for alleviating conditions of poverty such as lack of access to drinking water or sanitation). This should not be done in a way that reduces the effectiveness of MPIII in protecting the environment and health. G. Implementation of Johannesburg Principles for capacity building of judges and other legal stakeholders
392. The active programme for implementing the Johannesburg Principles undertaken by UNEP’s Environmental Law Branch, described above, should continue to be pursued, consistent with MPIII area 2, Action Paragraph (b). This programme should continue to be needs-based and involve national and regional workshops to identify needs, plan activities, and conduct training. The Judges Handbook and other training materials being prepared by the Environmental Law Branch should be finalized in all the United Nations languages, plus possibly Portuguese if increased attention is paid to Lusophone countries, as discussed below. 393. Training programmes should be conducted after appropriate consultations, and a follow-up system should be implemented, including the continuous collection and dissemination of new legal materials such as new judicial or arbitral opinions and laws, at both the national and international levels. MPIII should include the program of work identified in the Johannesburg Principles as integral components of the effort to strengthen and develop international environmental law. In particular, those Principles emphasize the need: to build at the national level for implementation and enforcement; to emphasize regional and sub-regional opportunities for cooperation in developing international environmental law; to improve avenues for public participation in law-making; and to strengthen the role of academics and universities in the development of international environmental law. H. Strengthening governance, rule of law and effective implementation of environmental law
394. Through its traditional focus on the effective implementation of environmental law at all levels, UNEP should continue to strengthen the rule of law and good governance. Consideration should also be given to enriching MPIII activities in ways that will further achieve these goals. For example, MPIII activities that reduce the likelihood of corruption with respect to environmental and health matters could be given increased priority, in keeping with the goal of Paragraph 140 of the WSSD Plan of Implementation calling for completion of a convention against corruption. Implementation by UNEP of the Johannesburg Principles for judicial capacity building should be undertaken in a manner that furthers the same goals. 395. It is likewise important for UNEP to assist in the development importance of legal mechanisms that foster transparency and public participation in environmental decisionmaking. For example, paragraph 139 of the WSSD Plan of Implementation, in seeking to strengthen the institutional framework for sustainable development, established the objective of promoting transparency and broad, effective public participation of civil society in the implementation of Agenda 21. Similarly, the Millenium Declaration (Para. 13) acknowledged the need for good governance within each country and at the international level, with a particular emphasis on transparency in the financial, monetary and trading systems. MPIII also stated that transparency and broad public participation (again, with a special emphasis in the area of trade) is important to improving the quality of decisionmaking in environmental matters. UNEP should maintain its focus on pursuing these objectives. I. Focus on Francophone, Arab and Lusophone countries
396. It has been suggested that MPIII implementation have an increased focus on Francophone, Arabic-speaking and Lusophone countries, due to the relative unavailability of material s, including training materials, in these languages, as well as the relative lack of trainers fluent in these languages. This would require, inter alia, that more materials be translated into these three languages, that personnel working with these countries be chosen with close attention to their language proficiency, and possibly that more training programmes be held in the countries or regions where these languages predominate.
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397. UNEP should consider these possibilities, bearing in mind the cost that such a focus would entail. It is probable that Portuguese would present the greatest additional cost because it is not an official United Nations language and thus some relevant materials that have already been translated into Arabic and French would need to be translated into Portuguese. J. Focus on national and local level capacity building
398. International environmental law cannot be effective without implementation at the national and local levels. Moreover, many environmental problems are not international in nature or, in any event, national or local governments may desire to provide more protection than international law requires. In addition to its usual focus on capacity building at the national and international levels, therefore, UNEP should continue to ensure that its MPIII activities also build capacity at the local level. 399. The necessary capacity building will require a carefully tailored approach that takes into account the principle of subsidiarity, while acknowledging differences between countries in the roles, authorities, resources and needs of local units of government, as well as at the national level. For some countries, focusing on local governments may be significantly more beneficial than it would be for other countries. In addition, UNEP should assist in developing and implementing legal mechanisms to ensure that decentralization and devolution results in better environment and poverty alleviation outcomes than governance at the national level. Likewise, subsidiarity should be undertaken with the understanding that the authority of national governments to address any international aspects of environmental problems is appropriately preserved. K. Strengthening environmental law education at university level
400. The continued development and implementation of environmental law requires trained environmental lawyers. As the scope and extent of environmental law expands, the need for such trained personnel increases, to serve in the private sector, governments, and non-governmental organizations. In order to meet this need, UNEP should work to strengthen environmental law education at the university level in developing countries, particularly the least developed among them, and in countries with economies in transition. 401. The training materials that the Environmental Law Branch is now preparing for environmental officials might also be useful as the basis for training at the university level, and UNEP should work with law faculties to explore that possibility. The use of video and other electronic media should be pursued where appropriate. The translation of Alexandre Kiss and Dinah Shelton’s book on environmental law and policy into all the United Nations languages should be completed and the book widely disseminated, resources permitting. UNEP should also consider working with programmes such as the World Conservation Union’s Academy of Environmental Law. L. Develop indicators for measuring impact of capacity building and conduct assessment of capacity-building
402. In order to ensure that its environmental law capacity building activities are as successful as possible, UNEP should develop indicators for measuring the impact of, and should conduct assessments of, those activities. This should be done in an efficient manner that takes into account any follow -up activities undertaken in connection with the capacity building. The outcome of the 2004 intergovernmental process regarding technical support and capacity building should be taken into consideration in developing indicators and in devising how to conduct assessments. M. More closely directed dissemination of information
403. UNEP should more closely direct the dissemination of information, training materials, etc., in all media, including its publications, on the website, and via books, in order to maximize the availability of information and the impact of UNEP’s activities. 404. The goal should be to design and build a flexible communications strategy for MPIII activities during their design phase, and then to implement it appropriately as the activity unfolds. This will require working more closely with communications experts who are familiar with the MPIII and also with the targeted audiences, including but not limited to governments. The web should be utilized whenever feasible, the information and materials should be easily located and accessed on the web, and the availability of information and materials on the web should itself be publicized. Where dissemination via the web will not suffice (as may often be the case), use of CDs, printed or other hard-
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copy material will be required. Expenses for these activities should be included in budgets and funding proposals, to the extent that is not done already. N. Preparations for Montevideo Programme IV
405. The Montevideo Programme for the Development and Periodic Review of Environmental Law, including its mid-term and final reviews, has been essential to the progressive development and effective implementation of environmental law. It has served extremely valuable functions such as helping to coalesce international views and action with respect to environmental law priorities and catalyzing national and international action in the field of the environment. The Montevideo Programme has led to real progress in dealing with environmental threats and is a model for strategic planning within the United Nations system. 406. Over the coming five years, UNEP will need to prepare for the next programme, which will cover the second decade of this century (Montevideo Programme IV), culminating in the type of process that has led to the first three Montevideo programmes (e.g., consultation with environmental law experts in civil society, governments and international organizations; further consultation with governments; preparation of drafts well in advance of consideration by the Governing Council; etc.). The next five years will undoubtedly witness new environmental law needs and priorities, as knowledge, environmental threats, institutional capacities and resources change. UNEP should be on the lookout for, and consider, these changes as it monitors progress in implementing MPIII and prepares for Montevideo Programme IV.
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Part V: Appendices
1. Montevideo Programme III
2. Excerpts from UNEP External Evaluation Reports
3. Chief Justices and Senior Judges in the UNEP Global Alliance of Judges on Environmental Law
4. Participants at UNEP Global Training Programmes
5. Members of the UNEP Academic Contact Group on Environmental Law
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Appendix I
THE PROGRAMME FOR THE DEVELOPMENT AND
PERIODIC REVIEW OF
ENVIRONMENTAL
LAW
FOR THE FIRST DECADE OF THE TWENTY-FIRST CENTURY
United Nations Environment Programme 2001
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Contents
Page
Introduction………………………………………………………………………………………………………3
I. Effectiveness of environmental law…………………………………………………………………….4 A. Implementation, compliance and enforcement…………………………………………………4 B. Capacity-building……………………………………………………………………………….5 C. Prevention and mitigation of environmental damage…………………………………...... 5 D. Avoidance and settlement of international environmental disputes…………………………… 6 E. Strengthening and development of international environmental law…………………………..7 F. Harmonization and coordination ……………………………………………………………….7 G. Public participation and access to information………………………………………………… 8 H. Information technology …………………………………………………………………………8 I. Innovative approaches to environmental law………………………………………………….. 9 II. Conservation and management……………………………………………………………………… ...10 J. Freshwater resources…………………………………………………………………………..10 K. Coastal and marine ecosystems………………………………………………………………..10 L. Soils ……………………………………………………………………………………………11 M. Forests………………………………………………………………………………………….11 N. Biological diversity…………………………………………………………………………….11 O. Pollution prevention and control……………………………………………………………….12 P. Production and consumption patterns………………………………………………………..... 13 Q. Environmental emergencies and natural disasters……………………………………………...13 III. Relationship with other fields………………………………………………………………………...... 13 R. Trade…………………………………………………………………………………………. ..13 S. Security and the environment ………………………………………………………………... ..14 T. Military activities and the environment ……………………………………………………… ..14
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The programme for the development and periodic review of environmental law for the first decade of the twenty-first century
Introduction
Since the establishment of the United Nations Environment Programme (UNEP), environmental law has been one of its priority areas and is recognized as an effective tool for catalyzing national and international action in the field of the environment. The role and competence of UNEP in the progressive development and promotion of environmental law has been repeatedly emphasized at various international forums, including the General Assembly, the UNEP Governing Council and the Commission on Sustainable Development. Agenda 21, in its chapter 38, identifies environmental law as one of the priority areas on which UNEP should concentrate. In particular, it underscores the role of UNEP in the further development and implementation of international environmental law, as well as provision of technical, legal and institutional advice to Governments in establishing and enhancing their national legal and institutional frameworks. This role is emphasized in the Nairobi Declaration on the Role and Mandate of UNEP as well as in the Programme for the Further Implementation of Agenda 21 adopted by the General Assembly at its nineteenth special session. The Malmö Ministerial Declaration underscores the importance of this area in the work of UNEP.
Beginning in 1982, UNEP's environmental law activities were organized and coordinated through a series of 10-year programmes for the development and periodic review of environmental law. The first programme (Montevideo Programme I) and the programme for the 1990s (Montevideo Programme II), adopted in 1982 by the tenth session of the Governing Council and in 1993 by the seventeenth session of the Governing Council respectively, were instrumental in providing UNEP with strategic guidance in this field.
In its decision 20/3 of 3 February 1999, the Governing Council, at its twentieth session, requested the Executive Director to undertake a process for the preparation of a new programme for the development and periodic review of environmental law. In pursuance of the decision, the Executive Director undertook the process in consultation with Governments and relevant organizations. As part of this process, in 2000, UNEP convened two meetings of an international group of experts to develop possible components of the new programme. On the basis of that preparatory work, the Executive Director convened a meeting in Nairobi in October 2000 of senior government officials expert in environmental law to prepare a programme for the development and periodic review of environmental law for the first decade of the twenty-first century. The meeting thoroughly examined the possible components prepared by the international group of experts and developed a draft programme that was submitted to the Governing Council.
The twenty-first session of the Governing Council/Global Ministerial Environment Forum, in its decision 21/23 of 9 February 2001, unanimously adopted the Programme for the Development and Periodic Review of Environmental Law for the First Decade of the Twenty-first Century (Montevideo Programme III), as the broad strategy for the activities of UNEP in the field of environmental law for the first decade of the twenty-first century. The Governing Council requested the Executive Director to implement the Programme, within available resources, through the programmes of work of UNEP and in close cooperation with international organizations, non-State actors and persons. The Governing Council, in the same decision, decided to review the implementation of the Programme not later than at its regu lar session in 2005.
Full implementation of the Montevideo Programme III, supported by political will and adequate resources, will help increase the coherence and effectiveness of environmental law in addressing global environmental challenges of the cont emporary world in the context of sustainable development.
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The programme for the development and periodic review of environmental law for the first decade of the twenty-first century
The following programme areas, together with the respective objectives, strategies and actions, are proposed as a non-exhaustive list of elements for the Programme. UNEP, in accordance with its catalytic role, will take action in these areas in coordination with States, conferences of the parties and secretariats of multilateral environmental agreements, other international organizations, non -State actors and persons. For UNEP, the implementation of these activities should be consistent with UNEP’s biennial programmes of work. I. Effectiveness of environmental law
A. Implementation, compliance and enforcement
Objective : To achieve effective implementation of, compliance with, and enforcement of environmental law.
Strategy: Promote the effective implementation of environmental law through, inter alia, the widest possible p articipation in multilateral environmental agreements and the development of relevant strategies, mechanisms and national laws.
Action:
(a) Conduct studies on:
(i) The effectiveness of, and compliance with, international environmental law, identifying the underlying causes of non-compliance; and
(ii) The environmental effectiveness of domestic environmental law, with the consent and cooperation of the relevant State or States;
(b) Identify effective means to address major constraints faced especially by developing countries, and, in particular, the least developed among them, and countries with economies in transition in implementing environmental law;
(c) Cooperate with States, particularly by providing assistance to developing countries, and, in particular, the least developed among them, and countries with economies in transition, in:
(i) Establishing and strengthening domestic law to improve compliance with international environmental obligations and enforcement of such obligations through domestic law;
(ii) Developing national environmental action plans or strategies and, where appropriate, regional action plans or strategies, to assist in the implementation of international environmental obligations;
(d) Develop, where appropriate, as advice to competent national authorities, model laws or equivalent guidance materials for the implementation of international environmental instruments;
(e) Prepare comparative analyses of compliance mechanisms, including reporting and verification mechanisms, under different multilateral environmental agreements and, where appropriate, under agreements in other fields of international law;
(f) Promote facilitative means of implementation of, and compliance with, international environmental law and, in this regard, study the efficacy of financial mechanisms, technology transfer and economic incentives under existing international environmental law instruments;
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(g) Promote the use, where appropriate, of disincentives, including effective civil liability mechanisms, to encourage compliance with environmental law;
(h) Evaluate and, as appropriate, promote the wider use of criminal and administrative law in the enforcement of domestic environmental laws and standards;
(i) Explore options for advancing the effective involvement of non -State actors in promoting implementation of, and compliance with, international environmental law and its enforcement at the domestic level;
(j) Promote further regional cooperation for enhancing implementation of, and compliance with, international environmental law;
(k) Encourage, during the development of new international environmental legal instruments, consideration of the implementation and enforcement aspects of those instruments.
B. Capacity-building Objective : To strengthen the regulatory and institutional capacity of developing countries, in particular the least developed and small island developing States, and countries with economies in transition, to develop and implement environmental law.
Strategy: Provide appropriate technical assistance, education and training to those concerned, based on assessment of needs.
Action:
(a) Assist the development and strengthening of domestic environmental legislation, regulations, procedures and institutions;
(b) Arrange seminars, workshops and exchange programmes for government officials, the judiciary, the legal profession and others concerned, on environmental law and policy, including on the implementation of international environmental instruments;
(c) Provide appropriate training and support to enhance the participation of representatives from developing countries, particularly the least developed among them and small island developing States, and countries with economies in transition, in international meetings and negotiations related to environmental law;
(d) Produce and disseminate environmental law publications to serve as tools of capacity-building;
(e) Promote the teaching of domestic, international and comparative environmental law in universities and law scho ols, and to this end, develop teaching materials, including video and other electronic media;
(f) Collaborate with governments and relevant international bodies in facilitating educational programmes in environmental law at the national and regional levels;
(g) Strengthen coordination among relevant international organizations and institutions, including those that provide financing, on educational projects and programmes related to environmental law, its implementation and enforcement and the underlying causes of environmental damage.
C. Prevention and mitigation of environmental damage Objective : To strengthen measures to prevent environmental damage, and to mitigate such damage when it occurs.
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Strategy: Promote the development and application of policies and measures to prevent environmental damage and mitigate such damage by means, inter alia, of restoration or redress, including compensation, where appropriate.
Action:
(a) Promote, where appropriate, efforts by States to develop and adopt minimum international standards at high levels of protection and best practice standards for the prevention and mitigation of environmental damage;
(b) Conduct studies, with the consent and cooperation of the States concerned, on the effectiveness of existing regimes of civil liability as a means of preventing environmentally harmful activities and mitigating environmental damage, and provide expertise to States to enhance the effectiveness of such regimes;
(c) Conduct studies, with the consent and cooperation of the States concerned, on the adequacy and effectiveness of ways and means of providing compensation, remediation, replacement and restoration for environmental damage, including methods of valuation, and encourage efforts by States to develop and adopt standard environmental economic valuation tools and techniques for such valuation;
(d) Support the development by States of processes and procedures for victims and potential victims of environmentally harmful activities, regardless of their nationality, to:
(i) Ensure appropriate access to justice; and
(ii) Provide appropriate redress, including the possibility of compensation, inter alia, through insurance and compensation funds;
(e) Promote collaboration among governments, international organizations and civil society in strengthening regimes for prevention and mitigation of environmental damage;
(f) Assist developing countries, in particular the least developed among them, and countries with economies in transition in the development and application of legislative, administrative and institutional mechanisms for implementing international instruments and domestic policies relating to prevention and mitigation of environmental damage.
D. Avoidance and settlement of international environmental disputes O bjective : To improve the effectiveness of measures and methods for avoiding and settling international environmental disputes.
Strategy: Develop and promote new and existing means for avoiding environmental disputes and, where such avoidance is not possible, for their peaceful settlement.
Action:
(a) With respect to the avoidance of environmental disputes, encourage States to:
(i) Regularly exchange environmental data and information;
(ii) Assess transboundary environmental impacts of planned activities;
(iii) Undertake early notification and consultation concerning planned activities that may have significant adverse impacts in other States or in areas beyond the limits of national jurisdiction;
(iv) Undertake monitoring, fact-finding, reporting and other means and procedures for verifying compliance and addressing non-compliance;
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(v) Consider, as appropriate, innovative approaches to dispute avoidance, such as the use of third-party neutrals to facilitate open and complete information exchange, particularly among parties with differing levels of technical expertise.
(b) With respect to the settlement of environmental disputes:
(i) Study the actual and potential facilitative role of international bodies and agencies in the settlement of environmental disputes, including, where appropriate, through environmental ombudsmen;
(ii) Study experience regarding dispute settlement provisions of international environmental agreements in order to assess the effectiveness of those provisions;
(iii) Identify the most effective mechanisms for settling environmental disputes;
(iv) Facilitate the use of expert opinions, as appropriate, for settling environmental disputes;
(v) Promote innovative approaches and mechanisms for settling environmental disputes;
(c) Study the experience gained in the operation of dispute settlement mechanisms in other fields of international law;
(d) Examine the relationship between dispute settlement systems in international environmental agreements and those in other international regimes, including regimes relating to trade and investment;
(e) Provide training in rules and procedures concerning environmental dispute avoidance and settlement for government officials and the legal profession, including the judiciary.
E. Strengthening and development of international environmental law Objective : To strengthen and further develop international environmental law, building on the existing foundations.
Strategy: Encourage international action to address gaps and weaknesses in existing international environmental law and to respond to new environmental challenges.
Action:
(a) Undertake assessments of existing and emerging challenges to the environment in order to identify gaps and weaknesses, including inter -linkages and cross-cutting issues, in international environmental law and specify the role it should play in responding to those challenges;
(b) Develop criteria for determining the need for and feasibility of new international environmental instruments, taking into account existing instruments and practice;
(c) Review the application of the principles contained in the 1972 Stockholm Declaration of the United Nations Conference on the Human Environment and the 1992 Rio Declaration on Environment and Development, identify the extent to which they are applied internationally and disseminate the resulting information to States;
(d) Examine other fields of international law for the purpose of identifying emerging concepts, principles and practices relevant to the development and implementation of environmental law;
(e) Assist governments, particularly those of developing countries, and in particular the least developed among them, and countries with economies in transition, in the development of
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bilateral, regional and global legal instruments in the field of the environment, involving for this purpose the expertise and experience of all concerned;
(f) Strengthen collaboration within the United Nations system as well as with other intergovernmental bodies in their work on the development of instruments relevant to the environment and, in particular, encourage, where appropriate, the integration of sustainable development in those instruments;
(g) Encourage efforts by academics and researchers towards better organization of international environmental law, starting with its compilation as a possible step towards codification.
F. Harmonization and coordination Objective : To promote, where appropriate, harmonized approaches to the development and implementation of environmental law and encourage coordination of relevant institutions.
Strategy: Promote domestic, regional and global actions towards the development and application of appropriate harmonized approaches to environmental law and encourage coherence and coordination of international environmental law and institution s.
Action:
(a) Assist States to:
(i) Improve progressively their environmental standards on a global or regional level;
(ii) Promote coherence between environmental law and other laws, both at domestic and international levels, to ensure that they are mutually supportive and complementary;
(iii) Study the ways in which developing countries have integrated environmental policy into their governmental processes and advise governments on this subject;
(b) Conduct studies on the legal aspects of, obstacles to and opportunities for consolidating and rationalizing the implementation of multilateral environmental agreements, so as to avoid duplication of their work and functions;
(c) Improve ways of harmonizing and otherwise rationalizing the reporting obligations in multilateral environmental agreements.
G. Public participation and access to information Objective : To improve the quality of decision-making in environmental matters through increased transparency, access to information and public participation.
Strategy: Promote and further develop means in law and practice to increase transparency, strengthen access to information and improve public participation in processes leading to decision-making relating to the environment.
Action:
(a) Collect, study and disseminate information on the law and practice relating to access to information, public participation in processes leading to decision-making and access to judicial and administrative proceedings relating to environmental matters;
(b) Assist developing countries, and in particular the least developed among them, and countries with economies in transition, in developing means in law and practice to collect and disseminate information concerning the environment;
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(c) Explore means in law and practice for promoting appropriate public participation in the implementation of, compliance with and enforcement of environmental law;
(d) Review procedures and practices with regard to public participation and access to information at international institutions and in negotiations and other activities related to sustainable development;
(e) Organize training on laws and procedures relating to access to environmental information and public participation in processes leading to environmental decision-making;
(f) Investigate the need for and feasibility of new international instruments on access to information, public participation in processes leading to decision-making and access to judicial and administrative proceedings relating to environmental matters.
H. Information technology Objective : To imp rove the development, content, effectiveness and awareness of environmental law through the use of new and existing information technology.
Strategy: Promote the appropriate use of new and existing information technology in the development, implementation and enforcement of environmental law, as well as the dissemination of information relating to environmental law, taking into account the special needs and circumstances of countries that may lack access to some or all aspects of information technology.
Action:
(a) Study and promote ways in which new and existing information technologies can be used to:
(i) Assist in the development of environmental laws;
(ii) Promote dialogue and public participation on environmental matters with respect to, inter alia, environmental impact assessment;
(iii) Avoid or settle environmental disputes;
(iv) Strengthen enforcement and compliance;
(v) Increase efficiency in the cooperative activities of multilateral environmental agreements;
(vi) Improve education in environmental law;
(b) Explore the tools to improve existing international arrangements and build new ones for access to, processing of and dissemination of information on environmental legislation from national and international sources;
(c) Promote methods for using the Internet and information technology to enhance public awareness of environmental law and to make international instruments and other documents available, including in all United Nations languages;
(d) Support efforts to ensure that environmental agencies, institutions and organizations, particularly in developing countries, have access to World Wide Web legal databases;
(e) Further develop the United Nations Environment Programme (UNEP) Web page and promote further development of the Web pages of multilateral environmental agreements;
(f) Promote the use and further development of the joint UNEP/World Conservation Union (IUCN) environmental law database (ECOLEX).
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I. Innovative approaches to environmental law Objective : To improve the effectiveness of environmental law through the application of innovative approaches.
Strategy: Identify and promote innovative approaches, tools and mechanisms that will improve the effectiveness of environmental law.
Action:
(a) Assess State practice in utilizing tools such as eco-labelling, certification, pollution fees, natural resource taxes and emissions trading and assist, as appropriate, in the use of such tools;
(b) Promote the development and assess the effectiveness of voluntary codes of conduct and comparable initiatives that promote environmentally and socially responsible corporate and institutional behaviour, to complement domestic law and international agreements;
(c) Encourage consideration of the use of spokesmen for environmental values and concerns, including for the interests of future generations;
(d) Study the contribution that other fields of law can make to environmental protection and sustainable development;
(e) Enhance, through studies, the relationship of indigenous and local communities embodying traditional lifestyles to the management and protection of the environment;
(f) Promote ecosystem management in law and practice, including the valuation of services provided by ecosystems, such as environmental benefits;
(g) Encourage the development of legal and policy frameworks for reducing the debt burdens of developing countries in ways that benefit the environment.
II. Conservation and management J. Freshwater resources Objective : To enhance the conservation, protection, integrated management and sustainable use of freshwater resources, both ground and surface water.
Strategy: Encourage the development of national and regional policies, action plans and, where appropriate, legal instruments for the conservation, protection, regeneration, integrated management and maintenance of the quality and sustainable use of freshwater resources.
Action:
(a) Encourage international cooperation to the end of ensuring access to clean drinking water, particularly in countries affected by the problem of drought or lack of water;
(b) Encourage States to develop and apply law and policies for the purposes of the sustainable use of freshwater resources and their protection from contamination and other threats;
(c) Encourage actions by States, individually and collectively, to improve conservation, protection, integrated management and maintenance of the quality and sustainable use of freshwater resources;
(d) Assess experiences of States with regard to water supply, waste water treatment and sanitation;
(e) Continue its work on reviewing the environmental aspects of transboundary watercourses.
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K. Coastal and marine ecosystems Objective : To promote and improve the integrated management, conservation and sustainable use of coastal and marine resources and ecosystems.
Strategy: Promote the effective implementation of international instruments and domestic laws and policies for the integrated management, conservation and sustainable use of coastal and marine resources and ecosystems.
Action:
(a) Promote respect for and effective implementation of the Global Programme of Action for the Protection of the Marine Environment from Land-based Activities, the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fis h Stocks and Highly Migratory Fish Stocks, and other international instruments relating to protection and sustainable use of coastal and marine resources and ecosystems;
(b) Assist governments and relevant international bodies in the implementation and further development of regional seas conventions, protocols and related action plans;
(c) Collaborate with relevant international bodies on legal issues relating to the enhancement of the conservation and sustainable management of marine resources, including fisheries;
(d) Study and, as appropriate, promote land use planning and the creation of marine protected areas for the integrated management, conservation and sustainable use of coastal ecosystems;
(e) Explore the means in law and practice, including through regional seas conventions, for improving the protection of coral reefs, wetlands, mangroves and other coastal and marine ecosystems;
(f) Collaborate with relevant international boies in further integrating environmental considerations into rules relating to navigational safety.
L. Soils Objective : To improve the conservation, rehabilitation and sustainable use of soils.
Strategy: Promote the development and implementation of laws and policies for enhancing the conservation, sustainable use and, where appropriate, rehabilitation of soils.
Action:
(a) Review domestic land use laws, change of land use laws and tenure systems with the aim of achieving soil conservation and reclamation goals;
(b) Promote the integration of soil conservation measures into relevant domestic laws, taking into account, where appropriate, relevant international instruments such as the United Nations Convention to Combat Desertification in those Countries Experiencing Serious Drought and/or Desertification, particularly in Africa.
M. Forests Objective : To enhance the conservation and sustainable use of all types of forests.
Strategy: Promote the development and implementation of measures aimed at the protection, conservation and sustainable use of all types of forests.
Action:
(a) Promote the integration of environmental concerns into domestic forest policies and legislation and the integration of forest conservation goals into other laws related to the use of forests;
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(b) Promote, where appropriate, means in domestic law and practice that provide incentives and remove disincentives for local people to conserve forests;
(c) Encourage the elaboration of domestic laws and enhanced international cooperation in the prevention, assessment, monitoring and mitigation of forest fires;
(d) Assist in coordination among internatio nal institutions in the development and implementation of internationally agreed actions on forests.
N. Biological diversity Objective : To enhance the conservation of biological diversity, the sustainable use of its components, biosafety and the fair and equitable sharing of the benefits arising out of the utilization of genetic resources.
Strategy: Promote, in consultation and cooperation with the Conference of the Parties and the secretariat of the Convention on Biological Diversity, the development and implementation of national, regional and global policies and legal instruments, as appropriate, for the conservation and sustainable use of biological diversity in all ecosystems, for the fair and equitable sharing of benefits arising out of such use and for biosafety.
Action:
(a) Promote the development and application of domestic laws for the conservation and sustainable use of biological diversity in situ and ex situ, including through ecosystem management and land use policies, as well as for the fair and equitable sharing of the benefits arising out of the utilization of genetic resources and for biosafety;
(b) Assist developing countries, in particular the least developed among them and the small island developing States, and countries with economies in transition, in the development and application of legislative, administrative and institutional measures for the implementation of international instruments concerning biological diversity;
(c) Contribute to the analysis of the relationship between intellectual property rights, the knowledge, innovations and practices of local and indigenous communities and the conservation and use of biological diversity in the context of studying ways and means to prevent and resolve conflict or incoherence between obligations under environmental and trade-related international agreements;
(d) Examine possible international responses to challenges posed by harmful invasive species, taking into account the cross-cutting nature of those problems and work under way in other international fora;
(e) Support the implementation of relevant multilateral environmental agreements, in particular the Convention on Biological Diversity and the Cartagena Protocol on Biosafety.
O. Pollution prevention and control Objective : To prevent, reduce and control environmental pollution, and take into account the challenges presented by urban development.
Strategy: Strengthen and expand existing and develop new legal instruments and guidelines to prevent, reduce and control environmental pollution.
Action:
(a) Promote the further development of regional agreements to combat transboundary pollution, and in particular transboundary air pollution;
(b) Assist developing countries and countries with economies in transition in strengthening national legislation and institut ions to prevent, reduce and control at source pollution, and in particular transboundary air pollution;
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(c) Develop and promote means in law and practice for taking measures at the local level to address transboundary air pollution;
(d) Promote the effective implementation of international environmental regimes relating to climate change and ozone layer depletion;
(e) Promote the effective implementation of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal;
(f) Promote the effective implementation of multilateral environmental agreements in the field of chemicals, including adherence to the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade and to a global legally binding instrument on persistent organic pollutants;
(g) Elaborate a strategy to enhance the coherence between environmental and other conventions concerning chemicals;
(h) Promote the development of instruments and arrangements that discourage or prevent the environmentally unsound relocation and transfer to other States of any environmentally harmful activities and substances;
(i) Assist developing countries and countries with economies in transition to develop national pollutant release and transfer registries to promote, inter alia, contingency plans, public right - to-know programmes, and cleaner production process methods;
(j) Promote the development of domestic laws and policies that encourage integrated pollution control, pollution prevention, waste minimization and the environmentally sound and safe management of chemicals and assist developing countries, in particular the least developed among them, and countries with economies in transition, to achieve this objective;
(k) Promote laws and policies that support environmentally sound planning and environmental impact assessment at the national level;
(l) Develop guidelines and other instruments to improve the management of wastes in the context of urbanization and related challenges;
(m) Intensify its work, including undertaking appropriate legal studies, to more effectively address environmental problems of urban areas, coordinating closely with other relevant international organizations, including the United Nations Centre for Human Settlements (UNCHS) (Habitat);
(n) Conduct studies on particular issues and challenges associated with environmental impact assessments in urban areas.
P. Production and consumption patterns Objective : To improve the sustainability of ecosystems through adequate patterns of product ion and consumption.
Strategy: Develop and apply means in law and practice to promote sustainable patterns of production and consumption.
Action:
(a) Identify and promote best practices and innovative laws and policies aimed at achieving sustainable production and consumption;
(b) Study best practices and innovative laws and policies that define the role and duties of the producer as well as the consumer in achieving sustainable production and consumption;
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(c) Develop guidelines and promote the adoption of environment ally sound procurement policies by governments and international organizations.
Q. Environmental emergencies and natural disasters Objective : To improve the ability of the international community to prevent and respond to environmental emergencies arising from man-made and natural disasters.
Strategy: Develop further laws and policies aimed at preventing man-made disasters and responding to and mitigating man-made and natural disasters.
Action:
(a) In close cooperation with governments, public organizations and civil society, develop and promote policies, laws and institutions to prevent man-made disasters, and respond to and mitigate man-made and natural disasters;
(b) Promote international cooperation in establishing mechanisms for disaster prevention and preparedness, including early warning systems for environmental emergencies;
(c) Study the need for and feasibility of the development of legal frameworks for international cooperation, in particular at the regional level, addressing man-made and natural disasters;
(d) Collaborate with relevant bodies to address legal issues relating to the phenomenon of environmentally disruptive ocean currents, in particular the "El Niño" phenomenon.
III. Relationship with other fields R. Trade Objective : To secure environmental protection objectives in international trade, investment and financial laws and policies in order to achieve sustainable development and the appropriate balance between trade and environmental objectives.
Strategy: Encourage further the complementarity and mutual supportiveness of measures relating to environmental protection and international trade, investment and finance.
Action:
(a) Identify and promote, through collaboration among governments, relevant organizations and civil society, legal instruments that integrate in a complementary and mutually supportive manner:
(i) Environmental and trade laws and policies;
(ii) Environmental and investment laws and policies;
(b) Identify and promote, through collaboration among governments, relevant orga nizations and civil society:
(i) Modalities for financing measures designed to resolve environmental problems, taking into account the linkage between environmental degradation and poverty;
(ii) Economic and fiscal instruments for environmental protection and resource management;
(c) Conduct studies to identify means of promoting optimal coherence between obligations under environmental and trade-related international agreements;
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(d) Promote and facilitate common international approaches to environment al problems as a means of anticipating and avoiding potential unilateral actions that could lead to environment and trade disputes;
(e) Encourage the resolution of trade disputes within the appropriate fora in ways that ensure the full and effective consideration of relevant environmental concerns and information, as well as transparency and public participation;
(f) Assist in developing the methodology for, and promote the implementation of, environmental impact assessments of investment and trade liberalization policies, particularly through capacity-building in developing countries and countries with economies in transition;
(g) Collaborate with private and public financial institutions, including export credit agencies, in the further development of guidelines and standards with respect to environmental impact assessment, public participation and environmental protection, for investments in developing countries.
S. Security and the environment Objective : To encourage integration of the environmental dimension into traditional concepts of security.
Strategy: Encourage the consideration of environmental issues in policies, law and institutions related to national, regional and global security.
Action:
(a) Study further the subject of the relationship between environmental protection and security issues;
(b) Encourage studies on the concept of security and the environment.
T. Military activities and the environment Objective : To reduce or mitigate the harmful effects of military activities on the environment and to encourage a positive role for the military sector in environmental protection.
Strategy: Collaborate with governments and international organizations concerned in developing and promoting compliance with environmental protection norms relating to military activities so as to avoid and mitigate environmental damage.
Action:
(a) Survey, with the cooperation of States, application of environmental norms, standards and procedures to military activities;
(b) Study the adequacy of, and identify any gaps in, existing legal regimes in protecting the environment from military activities, including to what extent the rules on warfare are protective of the environment, to what extent international environmental obligations apply during times of armed conflict and to what extent the military sector complies with national and international environmental obligations during peacetime;
(c) Develop and clarify norms regarding the environmental impacts of military activities, in particular by:
(i) Reviewing, with the cooperation of States, the effectiveness of existing regimes for environmental protection with respect to military activities;
(ii) Reviewing, with the cooperation of States, existing codes of conduct, rules of engagement and manuals for armed forces to determine how they address environmental protection, and developing on that basis a model code of conduct
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or rules of engagement designed to reduce the likelihood of environmental damage through military activities;
(iii) Exploring the feasibility of a general agreement for the protection of certain designated areas of natural and cultural heritage in times of armed conflict;
(d) Promote laws and policies that encourage consideration, in designing new weapons and military equipment, of their environmental effects throughout their life cycle, i.e., in their production, transport, use and disposal;
(e) Study the feasibility of developing legal mechanisms for mitigating damage caused by military activities, especially concerning:
(i) The removal of military hardware that harms the environment;
(ii) The restoration of the environment damaged by military activities;
(f) Undertake actions to enhance legal and institutional capacity to prevent and reduce environmental damage from military activities, by developing opportunities for training for civil and military staff in the military establishments in the application of legal norms of environmental protection.
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Appendix II
Excerpt from: Evaluation of the subprogramme on the Division of Po licy Development and Law, Dr. John Mugabe, Evaluation and Oversight Unit, December 2003
B. Environmental Law Branch
77. Until 1998, environmental law work was organized and conducted in a single branch of UNEP as a coherent strategic programme. With the restructuring of the organization in that year, two key components of the work were relocated and taken over by the Division of Environmental Policy Implementation. These two components are compliance with and enforcement of environmental law, and capacity-building for the review, development and Implementation of environmental law.
78. The Division’s Environmental Law Branch is also responsible for capacity-building activities. During the 2000 -2001 biennium, the Branch conducted a series of training activities in environmental law. It assisted more than 30 developing countries in reviewing their legislation and generated at least two environmental law training manuals.
79. Other strategic roles played by the Branch during the biennium include its support to subregional and regional groups in developing and adopting environmental accords on such challenges as forest fires. It was instrumental in providing advisory services in the preparation of the Association of South-East Asian Nations (ASEAN) transboundary accords on forest fixes and transboundary water resources management in Africa. The Branch provided legal advisory services for the development of an ASEAN agreement on transboundary haze pollution. It was responsible for preparing technical material for the second and third meetings of the intergovernmental negotiating committee for the agreement, held in Kuala Lumpur in May 2001, Bangkok in July 2001 and Jakarta in September 2001.
80. Another set of outputs of the Branch during the 2000-2001 include volume 3 of the UNEP series Selected Multilateral Treaties in the Field of the Environment, and a compilation of documents on dispute settlements on international environmental law. In collaboration with IUCN and the Food and Agriculture Organization of the United Nations (FAO), the Branch has contributed to the development of the global environmental law gateway, ECOLEX, providing on-line access to over 10,000 legal references covering international treaties, national legislation, judicial decisions and literature on environmental law. It also generated at least four issues of the biannual Bulletin of Environmental Law.
81. The Branch was responsible for servicing at least two Sessions of the Intergovernmental Negotiating Committee for the Development of an International Legal Instrument on Persistent Organic Pollutants. Its specific role in that process included preparing technical papers for the committee and providing advice in the drafting of various provisions of the agreement.
82. In collaboration with the Division of Environmental Policy Implementation, the Division of Policy Development and Law has prepared guidelines on compliance with and enforcement of international environmental agreements. The guidelines are contained in document UNEPIGCSS.VIII4/ADD/2, dated 23 November 2001.
83. To develop the Programme for the Development and Periodic Review of Environmental Law for the first Decade of the Twenty-First Century (known as the Montevideo Programme III — a body of strategic activities of UNEP in the field of environmental law), the Branch organized two workshops and prepared draft documents on strategic activities of the Programme. The Branch’s 2002—2003 work programme is based on the Montevideo Programme III adopted by the Governing Council/G lobal Ministerial Environment Forum at its twenty-first session.
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84. During the 2002-2003 biennium, the following activities have been initiated or undertaken to implement the Montevideo Programme III:
(a) In collaboration with the Commonwealth Secretariat, the United Nations University (UNU), the South Pacific Regional Environment Programme (SPREP) and the Government of Australia, UNEP organized a symposium for judges from the Pacific region to debate the role of judges in the development of environmental law;
(b) With IUCN and other institutions, IJNEP organized workshops on the environmental law curriculum in Kuwait b March 2002 for West Asia and North Africa;
(c) UNEP undertook a study on liability and compensation regimes related to environmental damage and convened a meeting of experts to review the study; and
(d) UNEP provided legal advice to the fourth meeting of the task force of the Regional Organization for the Conservation of the Environment of the Red Sea and the Gulf of Aden (PERSGA).
85. Other significant actions undertaken by the Branch to implement the Montevideo Programme III include the following:
(a) Global Judges Symposium on Sustainable Development and the Role of Law, held in Johannesburg, in August 2002. More than 100 judges and chief justices from around the world participated in the symposium and adopted the Johannesburg Principles on the Role of Law and Sustainable Development;
(b) Provision of legal services to the Intergovernmental Negotiating Committee for an International Legally Binding Instrument for the Application of the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade-the future Rotterdam Convention;
(c) Publication of the Compendium of Summaries of Judicial Decisions in Environment related Cases (DPDL Policy Series No. 4); and
(d) Production of updated editions of the UNEP Environmental Law Training Manual and the Environmental Law Handbook.
86. On the whole, over 2000-2001 and 2002-2003 bienniums, the Environmental Law Branch generated substantive outputs. According to the present evaluation, it has successfully implemented at least 75 per cent of the costed work programmes of the bienniums. Key concerns emerging from the evaluation relate to a lack of explicit synergies between the law-related activities in the Division of Environmental Policy implementation and those in the Division of Policy Development and Law. It is unclear why work on compliance with and enforcement of environmental law is being undertaken in separate divisions of UNEP. This concern was also raised in the 2003 evaluation of the Division of Environmental Policy Implementation.
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Appendix III
CHIEF JUSTICES AND SENIOR JUDGES IN THE UNEP GLOBAL ALLIANCE OF JUDGES ON ENVIRONMENTAL LAW (Participants in the UNEP Global Judges Programme initiatives)
GLOBAL JUDGES SYMPOSIUM ON SUSTAINABLE of the Supreme Constitutional Court of Egypt DEVELOPMENT AND THE ROLE OF LAW. Johannesburg, 18-20 August 2002 ETHIOPIA Justice Kemal Bedri Kelo, President, Federal Supreme AFGHANISTAN Court of Ethiopia Justice Fazel Ahmad Shirin Agha Manawi, Deputy Chief, Supreme Court of Afghanistan FRANCE Justice Guy Canivet, President, Court de Cassation of ANGOLA France - Justice Cristiano Augusto Andre, Chief Justice, Supreme Court of Angola GEORGIA - Justice Adriano Cerverira Baptista, Juiz de Justice Lado Chanturia, Chief Justice, Supreme Court Direito, Supreme Court of Angola of Georgia
ARGENTINA GREECE Justice Sergio Dugo, President, Federal Chamber of - Justice Michael Decleris, Vice-President, Appeal of Argentina Council of State, Chamber for Environment and Sustainability AUSTRALIA - Justice M. Karamanof, Judge, Counc il of State, Justice Paul L. Stein AM, Judge, New South Wales Chamber for Environment and Sustainability Court of Appeal and New South Wales , Supreme - Justice Kapelouzos, Judge, Council of State, Court, Australia Chamber for Environment and Sustainability
BELGIUM GUYANA Justice Luc Lavrysen, Judge, Belgian Arbitration and Justice Désirée Bernard, Chancellor of the Judiciary, Constitutional Court of Belgium Guyana
BRAZIL INDIA - Justice Vladimir Passos de Freitas, Federal - Justice B. N. Kirpal, Chief Justice of India Judge, Court of Appeal, 4th District, Brazil - Justice P.N. Bhagwati, Former Chief Justice of - Justice Jorge Wagih Massad, Judge and Vice- India President, Brazilian Association of Judges - (AMB), Brazil INDONESIA - Justice Eladio Lecey, Judge and President, - Justice Bagir Manan, Chief Justice, Supreme Lawyers for a Green Planet Institute, Brazil Court of Indonesia - Justice H. Soeharto, Deputy Chief Justice, CANADA Supreme Court of Indonesia Justice Char les Gonthier, Supreme Court of Canada - Justice H. Toton Suprapto, Deputy Chief Justice, Supreme Court of Indonesia CHINA - Justice Susanti Adi Nugroho, Senior Judge, - Justice Zhang Jun, Vice-President, Supreme Supreme Court of Indonesia Court of the People's Republic of China - Justice R. Soedarno, Judge, Supreme Court of - Justice Zhao Xin, Judge, Supreme Court of the Indonesia People's Republic of China - Justice Abdul Kadir Mappong, Judge, Supreme - Justice He Xin, Judge, Supreme Court of Court of Indonesia People's Republic of China - Justice Parman Soeparman, Judge, Supreme Court of Indonesia COSTA RICA - Justice Edward T. H. Simarmata, Judge Justice Luis Ricardo Zeledón Zeledón, Judge, Corte Candidate, Supreme Court of Indonesia Suprema de Justicia, Costa Rica - Justice Ridwan Nasution, President, Jakarta High Court, Indonesia CUBA - Mr. Mas Achmad Santosa, Indonesia Centre for Justice Narciso Cobo Roura, Juez profesional de la Environmental Law (ICEL), Indonesia Sala de lo Económico, Tribunal Supremo Popular, - Ms. Wiwiek Awiati, Indonesia Centre for Cuba Environmental Law (ICEL), Indonesia
EGYPT IRAQ - Justice Mohammad Fathi Naguib, Chief Justice, Dr. A. L. Kaisi -Fami, Head of Legal Department, Supreme Constitutional Court of Egypt Ministry of Foreign Affairs, Iraq - Justice Adel Omar Sherif, Chief Commissioner
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ISRAEL Higher Court of Oman Justice Dalia Dorner, Judge, Supreme Court of Israel PAKISTAN ITALY Justice Sh. Riaz Ahmad, Chief Justice of Pakistan Justice Amedeo Postiglione, Judge, Court of Cassation of Italy PHILIPPINES Justice Hilario G. Davide Jr., President, Supreme Court JORDAN of the Philippines Justice Jahaz Hanna Salim Halasa, Judges, Court of Cassation of Jordan QATAR Justice Abdullah Ahmad Al-Sa'adi, Judge, Qatar KAZAKHSTAN Justice Kairat Abdrazakuli Mami, President, Supreme ROMANIA Court of Kazakhstan - Justice Paul Florea, President, Supreme Court Ms. Aigul Kenzhebayeva, Member of the Scientific of Justice, Romania Council of the Supreme Court of Kazakhstan - Justice Corina Michaela Jîjîie, Supreme Court of Justice, Romania LAO PDR Justice Davone Vangvichith, Vice President, Supreme RUSSIAN FEDERATION Court of Lao PDR - Justice Vyacheslav Mikhailovich Lebedev, President, Supreme Court of the Russian Federation LESOTHO - Mr. Alexander Gusev, General Director, Judicial Justice Semapo Peete, Judge, High Court of Lesotho Department under the Supreme Court of the Russian Federation MALAWI Justice R. A. Banda, Chief Justice of Malawi RWANDA - Justice Siméon Rwagasore, President, Cour MARSHALL ISLANDS Suprême, Rwanda Justice Charles Norwood Henry, Chief Justice of the - Justice M. Désiré Kayihura, Judge, Cour Marshall Islands Suprême, Rwanda
MAURITIUS SAMOA Justice Ariranga Pillay, Chief Justice of Mauritius Justice Patu Falefatu Maka Sapolu, Chief Justice of Samoa MEXICO SAINT LUCIA Justice Neófito López Ramos, Judge at the Suprema Justice Albert Redhead, Eastern Caribbean Supreme Corte de Justicia de La Nación, Mexico Court, Saint Lucia
MOROCCO SAUDI ARABIA Justice Saad Moumi, Judge at the Supreme Court of Mr. Mohamed Bin Abdel Aziz Al-Jarba, Legal Advisor, Morocco Saudi Arabia
MOZAMBIQUE SENEGAL Justice Mario Fumo Bartolomeu Mangaze, President of Justice Papa Makha Ndiaye, Judge, Cour de the Tribunal Supremo, Mozambique Cassation, Senegal
NAMIBIA SEY CHELLES Justice Gerd Johannes Strydom, Chief Justice of Justice Vivekanand Alleear, Chief Justice of Seychelles Namibia SLOVAK REPUBLIC NEPAL Justice Stefan Harabin, President, Supreme Court of Justice Kedar Prasad Giri, Judge, Supreme Court of the Slovak Republic Justice of Nepal SOUTH AFRICA NEW ZEALAND - Justice Arthur Chaskalson, Chief Justice of Justice Peter Salmon, Judge, High Court of New South Africa Zealand - Justice Pius Langa, Deputy Chief Justice of South Africa NIGERIA - Justice Tholakele Hope Madala, Judge, Justice Muhammadu Lawal Uwais, Chief Justice of Constitutional Court, South Africa Nigeria - Justice Albie Sachs, Judge, Constitutional Court of South Africa OMAN - Justice Sandile Ngcobo, Judge, Constitutional - Justice Abdulla Bin Rashed Al-Seyabe, Senior Court of South Africa Judge, Higher Court of Oman - Justice Richard Goldstone, Judge, - Justice Hussein Bin Ali Al-Hilali, Senior Judge, Constitutional Court of South Africa
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- Justice Yvonne Mokgoro, Judge, Constitutional - Justice Shehab Abdel Rahman Abdalla, Senior Court of South Africa Judge, Higher Federal Court of the United Arab - Justice Kate O Regon, Judge, Constitutional Emirates Court of South Africa - Justice Zulman, Judge, Supreme Court of UNITED STATES OF AMERICA Appeal, South Africa Judge J. Clifford Wallace, Senior Judge, Court of - Justice Craig Howie, Judge, Supreme Court of Appeals of the United States of America Appeal South Africa - Justice J. P. Malherbe, Judge President, YEMEN Supreme Court of Appeal, South Africa Justice Mohamed Ja'far Qassem, Judge, Yemen - Justice E. M. Patel, Judge, High Court, South Africa ZAMBIA - Justice P. J. Schabort, Judge, High Court, South Africa Justice David M. Lewanika, Deputy Chief Justice of - Justice C. N. Jafta, Judge, High Court, Umtata, Zambia South Africa - Justice Vuka E.M. Tshabalala, Judge President, ZIMBABWE High Court, Natal, South Africa Justice Godfrey Guwa Chidyausiku, Chief Justice of - Justice Michael Stahl Stegmann, Judge, High Zimbabwe Court, Johannesburg, South Africa - Justice Mashangu Monica Leeuw, Judge, High Judges from international courts of justice Court, Bop huthatswana, South Africa - Justice C. M. Somyalo, Judge President, High Hon. Justice A.M. Akiwumi, President of the COMESA Court, Gralvamstown, South Africa Court of Justice - J. M. Masipa, Judge, High Court, Johannesburg, Pritchard & Kruis, South Africa Hon. Justice Gil Carlos Rodríguez Iglesias, President of - Justice B. M. Ngoepe, Judge President, High the Court of Justice of the European Communities Court, Transvaal, South Africa - Justice R. M. M. Zondo, Judge, Labour Appeal Hon. Justice Abdul G. Koroma, Judge of the Court, Judge President’s Chambers, Braamfontein, International Court of Justice South Africa - Justice Cedric N. Booi, Chief Magistrate, Office JUDGES AD HOC MEETING FOR THE of the Chief Magistrate, Randburg, South Africa DEVELOPMENT OF A PLAN OF WORK AS A - Justice Joshua Nemanashi, Chief Magistrate, FOLLOW-UP TO THE GLOBAL JUDGES Germiston, Department of Justice of South Africa SYMPOSIUM RELATING TO CAPACITY BUILDING - Mr. Paul Setsetse, Department of Justice & OF JUDGES, PROSECUTORS, AND OTHER LEGAL Constitutional Development, South Africa STAKEHOLDERS. N airobi, 30-31 January 2003 - Justice A. M. Kathrada, Judge, South Africa - Justice G.N.K. Hetisani, Judge, Department of AUSTRALIA Justice, South Africa Hon. Justice Paul L. Stein Am, Judge, New South - Justice Frans Diale Kgomo, Judge President, Wales Court of Appeal Department of Justice, South Africa BELGIUM SWAZILAND Hon. Justice Luc Lavrysen, Judge, Belgian Arbitration Justice Stanley Wilfred Sapire Chief Justice of and Constitutional Court Swaziland BRAZIL TANZANIA Hon. Justice Vladimir Passos De Freitas, Federal Justice Barnabas A. Samatta, Chief Justice of Tanzania Judge
THAILAND CANADA - Justice Atthaniti Distha-Amnarj, President, Hon. Justice Charles D. Gonthier, Judge, Supreme Court of Appeal of Thailand Court of Canada - Justice Sanchai Polchai, Chief Judge, Office of the President, Supreme Court of Thailand EGYPT - Hon. Justice Mohammed Fathi Naguib, Chief TURKEY Justice, Supreme Constitutional Court Justice Nuri Alan, President, Council of State of Turkey - Hon. Justice Adel Omar Sherif, Deputy Chief Justice, Supreme Constitutional Court UGANDA - Hon. Justice El-Saed Hashish, Supreme Justice Alfred Ntundugurun Karokora, Judge, Supreme Constitutional Court Court of Uganda FRANCE UNITED ARAB EMIRATES Hon. Justice Guy Canivet, Le premier President, Cour - Justice Khaliefa Saadallah Al Muhairy, Senior de Cassation Judge, Higher Federal Court of the United Arab Emirates
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- Hon. Justice Scott Fulton, Judge, GREECE Administrative Court, United States Environmental Hon. Justice Michael Decleris, Vice-President of the Appeals Board Council of State, Chamber for Environment and Sustainability Judges from international courts of justice
ITALY The Rt. Hon. Lord Justice A.M. Akiwumi, Lord Hon. Justice Amedeo Postiglione, Judge, Corte President, COMESA Court of Justice Suprema di Cassazione Hon. Justice Christopher G. Weeramantry, Former JORDAN Vice-President of the International Court of Justice Hon. Justice Jahaz H.S. Halasa, Judge, Supreme Court of Justice Hon. Justice Thomas Mensah, Judge of the Law of the Sea Tribunal KENYA Hon. Justice Tom Mbaluto, Judge , The High Court of Kenya CHIEF JUSTICES NEEDS-ASSESSMENT AND Hon. Justice Philip Waki, Judge, The High Court of PLANNING MEETINGS Kenya Ms. Lillian Mbindyo, Attorney General's Chambers Lviv, 16-17 May 2003, for Chief Justices of Eastern Ms. F. N. Muchemi, Chairperson , National and Central Europe Environment Tribunal
MEXICO ARMENIA Hon. Justice Néofito Lopez Ramos, Magistrate , Hon. Justice Henrik Danielyan, Head of Appeal Court Supreme Corte de Justica BELARUS PHILIPPINES Hon. Justice Valentin Olegovich Sukalo, Head of Hon. Justice Hilario G. Davide Jr., Chief Jus tice, Supreme Court Supreme Court of the Philippines BELARUS RUSSIAN FEDERATION Hon. Justice Georgi Alekseevich Vasilevich, Head of - Hon. Justice Vyacheslav Mikhailovich Lebedev, Constitutional Court Chief Justice, Supreme Court of the Russian Federation - Hon. Justice Gusev Alexander, Head of the BULGARIA Law Department, Supreme Court of the Russian Hon. Justice Vladislav SLAVOV, Supreme Federation Administrative Court of the Republic of Bulgaria
SAINT LUCIA GEORGIA Hon. Justice Albert Redhead, Judge, Eastern Caribbean Hon. Justice Lado Chanturia, Head of Supreme Court Supreme Court HUNGARY SAMOA Hon. Justice Zoltán Lomniczi, Head, Supreme Court Hon. Justice Patu Falefatu Maka Sapolu, Chief Justice, Supreme Court of Samoa HUNGARY Hon. Dr. János Németh, Head, Constitutional Court of SENEGAL Hungary Hon. Justice Papa Makha Ndiaye, Conseiller à la Cour de cassation KAZAKHSTAN - Hon. Justice Yuriy Alexeyevich Kim, Head of SOUTH AFRICA Constitutional Court Hon. Justice Arthur Chaskalson, Chief Justice, - Hon. Justice Kairat Abarazakovich Mami, Constitutional Court Chairman of the Supreme Court
TANZANIA KYRGYZSTAN - Hon. Chief Justice Barnabas A. Samatta, Chief Hon. Justice Cholpon Tursunovna Baekova, Head, Justice of Tanzania Constitutional Court - Mr. Lawrence Uzia, Legal Secretary to Chief Justice MOLDOVA Hon. Justice Natalia Moldovan, Vice-chairman, UNITED KINGDOM Supreme Court Moldova Lord Justice Carnwath, Royal Courts of Justice MOLDOVA UNITED STATES OF AMERICA Hon. Justice Natalia Moldovan, Vice-chairman, - Hon. Justice J. Clifford Wallace, Chief Judge Supreme Court Emeritus, United States Court of Appeals
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MOLDOVAN - Hon. Justice Mr. Voravuthi Dvadasin, Deputy Hon. Justice Victor Pushcash, Head, Constitutional Secretary-General to the President of the Supreme Court, Court - RUSSIA - Hon. Justice Mr. Bovonsak Tavipatana, Chief of Hon. Justice Vyacheslav Mikhailovich Lebedev, Chief the Office of the President of the Supreme Court Justic, Supreme Court of the Russian Federation - Hon. Justice Mr. Supornchai Rangdang, Associate Research Judge, Supreme Court TADJIKISTAN - Hon. Justice Mr. Pongdej Wanichkittikul, Judge, Fatkhilloev Salimboi, Head, Supreme Court Supreme Court - Hon. Justice Mr. Peem ThongsuntiM, Judge, TADJIKISTAN Supreme Court Esenov Yakshigeldy Esenovich, Head, Supreme Court - Hon. Justice Mr. Vichai Ariyanuntaka, Presiding Judge, Central Intellectual Property & Internatinal TBILISI - Trade Court Hon. Justice Avtandil Vladimirovich Demetrashvili, - Hon. Justice Mr. Prasobsook Boondech, Head of Constitutional Court Presiding Judge, Supreme Court - Hon. Justice Mr. Sanchai Polchay, Judge, UKRAINE Supreme Court Hon. Justice Vasil Tymofiyovych Malyarenko, Head, Supreme Court VIETNAM - Hon. Justice Mr. Dang Quang Phuong, Deputy UKRAINE Chief Justice, Institute for Judicial Science Supreme Hon. Justice Mykhaylo Vasyliovych Kostytsky, - People’s Court of Vietnam Head, Constitutional Court - Mr. Tran Van Thu, Legal Expert, Institute for Judicial Science, Supreme People’s Court of Vietnam UKRAINE Hon. Justice Dr. Volodymyr Yakovych Karaban, Head, CAMBODIA Judicial Administration of Ukraine Hon. Justice Ottara You, Judge, Supreme Court
UKRAINE Dr. Iryna Anatoliyivna Voytiuk, Vice Rector, Academy of Judges Buenos Aires, 23-24 September 2003, for Latin UZBEKISTAN American countries Hon. Justice Ubaidullo Kurbanovich Mingbaev, Chairman, Supreme Court ARGENTINA - Mr. Santiago Bahamondes , Qualified Assistant UZBEKISTAN Secretary in the General Prosecutor's Office No.1, Hon. Justice Mustafaev Buritosh Mustafaevich, Capital Federal Head,Constitutional Court - Mr. Carlos Balbín , Judge of the Court of Appeals in Administrative and Tributary Litigation of the AZERBAIJAN City of Buenos Aires Sudana Gasanova , Head, Supreme Court of - Mr. Dino Berdini, Environmental Research Unit Azerbaijan of the General Prosecutor's Office before the Federal Court of Appeals of Bahía Blanca Bangkok, 17-18 June 2003, for the Mekong region - Mr. Néstor Cafferatta, Associate Judge, High countries Court of Buenos Aires Province LAO PDR - Mr. Mario Gustavo Costa , Judge, Criminal - Hon. Justice Davone Vangvichith, Vice Federal Oral Court No.1, Argentina President of People’s Supreme Court People’s - Mr. Gustavo Azpeitía, (Judge of the Civil, Trade Supreme Court and Mining Court of Appeals, Viedma, Río Negro, - Hon. Justice Sengsouvanh Argentina Chanthalounnavong, Judge, People’s Supreme Court - Mr. Jorge Douglas Price , Judge of the Court of Appeals, Civil, Trade and Administrative Contentious of MYANMAR the IV Judicial Circumscription of the Province of Río - Hon. Justice Prof. Dr. Tin Aung Aye, Judge, Negro Supreme Court - Mr. Sergio Dugo , Second Instance Federal - Mr. U. Htin Zaw, Additional Divisional Judge, Judge, Federal House of Appeals of La Plata, Argentina Yangon Divisional Court - Mr. Gabriel Darío Jarque, Secretary of the General Prosecutor's Office, Coordinator of the THAILAND Environmental Research Unit, Bahía Blanca - Hon. Justice Mr. Atthaniti Disatha-Amnarj, Chief - Mr. Alfredo Gusman , Prosecutor of the City of Justice, Supreme Court Buenos Aires
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- Mr. Eduardo Pablo Jiménez , First Instance Mrs. Frinette Padilla Jiménez, Judge, Dominican Federal Judge, Mar del Plata Republic - Mr. Eduardo Raúl Graña , Academic Director of the Judicial School of the Judiciary Magistrate School ECUADOR - Mr. Antonio Gustavo Gómez , General - Mrs. Mariana Yepez, General Prosecutor Prosecutor of the Federal Court of Tucumán - Mr. Miguel Jurado Fabara , Environmental - Mr. Marcos Oliva Day, Prosecutor of Puerto Prosecutor Deseado, Santa Cruz - Mr. Rubén Pereyra, Assistant Federal EL SALVADOR Prosecutor of the City of Buenos Aires Mr. José Ernesto Criollo , Director of the Judicial - Mrs. Patricia López Vergara , First Instance Training School of the National Council of the Judge in the Administrative Litigation Contentious Judicature Jurisdiction of the City of Buenos Aires - Mr. Raúl Madueño , Vice-President of the GUATEMALA National Court of Criminal Annulment - Mr. José Quesada, Vice-President of the - Mr. Raúl Alejandro Fernández , Assistant Supreme Court of Justice Secretary of the General Prosecutor's Office before the - Mrs. Roxana Sobenes, Environmental Federal House of Appeals of Resistencia, Chaco Prosecutor - Mr. Jorge Marcelo Silva , Environmental Research Unit of the General Prosecutor's Office MÉXICO before the Court of Appeals of Bahía Blanca - Mr. Carlos Báez , General Secretary of the - Mrs. María Cristina Garrós M. , Court Judge of Federal Judicature Institute Salta and Director of the Modernization Department of - Mr. Arturo Ramírez Sánchez, Judge of the Civil the Magistrates School of Salta Court, México
BOLIVIA NICARAGUA - Mr. Jaime Cruz Justiniano , Criminal Sentence Mr. Joaquín Talavera, Director of the Judicial School Judge, Santa Cruz - Mr . Carlos Javier Ramos Miranda, Judicature PANAMA Institute, Bolivia Mr. Adolfo Campos, Assistant to the Director of the Judicial School BRAZIL - Mr. Marcelo Dolzany Da Costa , Federal Judge HONDURAS of Minas Gerais, Mr. Manuel Fortín Aguilar, Director of the Judicial - Mr. Vladimir Passos de Freitas, Federal Judge, School President of the 4th Region Federal Regional Court - Mr. Ivan Lira Carvalho , Federal Judge of 5th PARAGUAY Jurisdiction, Rio Grande Norte - Mr. Ricardo Merlo Faella, Prosecutor - Mr. Antonio Herman de Vasconcellos , - Mrs. Alicia Pucheta de Correa, Judge Prosecutor - Mr. Henrique Luiz Hartmann , Federal Judge, PERU 2nd Federal Jurisdiction of Santo Ângelo, - Mr. José Antonio Peláez Bardales, Criminal Rio Grande do Sul Assistant Supreme Prosecutor - Mr. Anderson Furlan Freire Da Silva , - Mr. Ernesto Lechuga Pino , Magistrate's Substitute Fed eral Judge General Director - Mr. Jarbas Soares Sunior , Environmental Justice Prosecuting Attorney of Minas Gerais URUGUAY - Mr. Eduardo Lombardi , Director of the Judicial CHILE Studies Centre - Mr. Juan Araya Elizalde, Minister of the Court of - Mr. Enrique Viana Ferreira, Civil National Appeals of Santiago Prosecutor - Mr. Héctor Carreño Seaman , Minister of the Court of Appeals I of San Miguel, Santiago de Chile VENEZUELA Mrs. María Angélica Nigro, Secretary and Lawyer of the Mrs. Yalitza García , Director General of Environment, 24th Civil Court Santiago de Chile Public Ministry, Caracas Mr. Juan Carlos Silva Opazo , Judge of the Guarantee Court of Calbuco Nairobi, 10-11 Oct 2003, for Anglophone COLOMBIA - Mrs. Lucía Arbeláez de Tobón, Judge of the African Countries; Administrative Department of the Judiciary Council KENYA: - Mrs. Adriana Guillén , Environmental Issues' - Honourable Justice Johnson Evan Gicheru, Solicitor Chief Justice of Kenya
- Honourable Justice Mohammed K. Ibrahim, COSTA RICA Mr. Juan Pablo González , Prosecutor High Court Judge - Honourabl e Lady Justice Joyce Aluoch, High
DOMINICAN REPUBLIC Court Judge
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- Honourable Justice Tom Mbaluto, Judge, The Johannesburg, 7-8 December 2003, for Southern High Court of Kenya African Countries; - The Honourable Lady Justice Effie Owuor, Judge of Appeal, Court of Appeal ANGOLA - The Honourable Justice Philip N. Waki, Judge - Hon. Justice André da Silva of Appeal, Court of Appeal - Hon. Justice Tobias Espalanga
TANZANIA BOTSWANA - Honourable Justice Barnabas A. Samatta, Chief Hon. Justice J.M. Nganunu , Chief Justice Justice - Honourable Justice Augustino Stephen LESHOTHO Lawrence Ramadhani, Justice of Appeal, The Court of Hon. Justice Mahapela Lebohang Lehohia , Chief Appeal Justice - of Tanzania LESHOTHO UGANDA Hon. Justice Michael Mathealira Ramodibedi - Honourable Justice Amos Danson Twinomujuni, Justice of the Court of Appeal and Vice- MALAWI Chairman, - Hon. Justice Rizine Robert Mzikamanda - Judicial Training Committee, Court of Appeal of - Hon. Justice Leonard Ezra Unyolo, Chief Uganda Justice - Honourable Justice Aweri Opio Rubby, Judge of the High Court of Uganda MOZAMBIQUE Hon. Justice Mário Fumo Bartolomeu Mangaze, Chief ERITREA Justice - Honourable Justice Menkerios Beraki Mehari , Ag, High Court President, Supreme Court of Justice MOZAMBIQUE - Honourable Justice Abdulaziz Hamid Omer, Hon. Justice Felicidade Sandra Machatine Tenjua High Court Presiding Judge NAMIBIA ETHIOPIA Hon. Justice Sylvester Salufu Mainga - Honourable Justice Woubshet Kibru Melese - Honourable Justice Desalegn Berhe Bayru SEYCHELLES Hon. Justice Vivekanand Alleear, Chief Justice GHANA - Honourable Justice George Kingsley Acquah, SEYCHELLES Chief Justice of Ghana, Judicial Service Hon. Justice Richard Colin Jean-Louis - Honourable Justice Stephen Alan Brobbey, Supreme Court Judge and the Chairman of the Board SOUTH AFRICA of Institute of Continuing Judicial Education of Ghana - Hon. Justice Arthur Chaskalson, Chief Justice - Hon. Justice Pius Langa, Deputy Chief Justice LIBERIA - Hon. Justice Ian Farlam Honourable Justice Yussif D. Kaba, Relieving Circuit Judge SWAZILAND Hon. Justice Jacobus Paulus (Cobus) Annandale, NIGERIA Acting Chief Justice - Honourable Justice Muhammadu Lawal Uwais, GCON, Chief Justice, Supreme Court of Justice SWAZILAND - Honourable Justice Joseph Adegoke Ajakaiye, Hon. Justice Thomas Sibusiso Masuku Administrator, National Judicial Institute TANZANIA SIERRA LEONE Hon. Justice B.A. Samatta, Chief Justice - Honourable Justice Abdulai Bapatheh Timbo, Chief Justice, Supreme Court of Sierra Leone UGANDA - Honourable Justice Abu Bakarr Raschid, Hon. Justice B.J. Odoki, Chief Justice Justice of the High Court ZAMBIA THE GAMBIA - Hon. Justice David Mbelele Lewanika, Deputy - Honourable Justice Muhammad Arif, Chief Chief Justice Justice, - Hon. Justice Irene Chirwa Mambilima - Honourable Justice Gibril Baboucar Semega Janneh, Acting President, Gambia Court of Appeal ZIMBABWE - Hon. Justice Godfrey Guwa Chidyausiku, Chief Justice - Hon. Justice Vernanda Cecily Ziyambi
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Auckland, 15-17 December 2003, for Asia and the Pacific DJIBOUTI - The Honorable Omar SHERDOEN, President of AUSTRALIA the Constitutional Council of Djibouti Hon. Justice Barry Cornell Chief Justice JORDAN - The Honorable Gahez Hana Helsa, Member of COOK ISLANDS the Supreme Court of Justice, Jordan Hon. Justice Laurence Murray Greig Chief Justice KUWAIT The Honorable Abdullah Ali el ISSA, Chief Justice of FIJI Kuwait Hon. Justice Daniel V. Fatiaki Chief Justice LEBANON - The Honorable Tanyous el KHORY, Chief KIRIBATI Justice of Lebanon Hon. Justice Robin Millhouse - The Honorable Ghasan Abu Elwan, President Chief Justice, the High Court of Kiribati of the Fourth Chamber, Court of Cassation, Lebanon
NEW ZEALAND LIBYA Hon. Justice Norman Smith The Honorable Houssein Mokhatar el BOEASHEE, Chief Justice Chief Justice of Libya
PALAU MOROCCO Hon. Justice Arthur Ngirakisong The Honorable Dr. Edreess el DAHAK, Chief Justice of Chief Justice Morocco
PAPUA NEW GUINEA OMAN Hon. Justice Sir Kapi The Honorable Sheik Esshak ben Ahmed ben Nassar Chief Justice el BOSSAADEE, Chief Justice of Oman
SAMOA PALESTINE Hon. Justice Patu Falefatu Maka Sapolu The Honorable Zoheir el SOURANI, Chief Justice of Chief Justice Palestine
SOLOMON ISLANDS QATAR Hon. Justice Sir John Muria The Honorable Mobarak Ben Khalifa el SERY, Chief Chief Justice Justice of Qatar
TONGA SAUDI ARABIA Hon. Justice Gordon Ward The Honorable Shiek Salah ben Mohammad el Chief Justice LOHIDAN, Chief Justice of Saudi Arabia
VANUATU SOMALIA Hon. Justice Vincent Lunabek The Honorable Dr. Mahmoud Ahmed MOHAMMAD, Chief Justice Chief Justice of Somalia
MICRONESIA SUDAN Hon. Justice Andon L. Amaraich The Honorable Galal el Din Mohammad OSSMAN, Chief Justice Chief Justice of Sudan
SYRIA Cairo, 29-31 May 2004, for Arab countries The Honorable Mahmoud SOLIAMAN, Chief Justice of Syria ALGERIA The Honorable Mohammad Zaglool BOTARE, TUNISIA Chief Justice of Algeria The Honorable el Mabrok ben MOUSA, Chief Justice of Tunisia BAHRAIN The Honorable Sheik Khalifa ben RASHID, UNITED ARAB EMIRATES President of the Cassation Court Hs Excellency Mohammad ben Zaher el Nikhery
EGYPT YEMEN - The Honorable Chief Justice Mamdouh Marie, The Honorable Zaid ben Zaid el GAMRA, Chief Justice Chief Justice of the Supreme Constitutional Court of Yemen - The Honorable Dr. Adel Omar Sherif, Deputy Chief Justice of the Supreme Constitutional Court
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Jamaica, 11-12 June 2004 , for the English Speaking Caribbean countries.
BAHAMAS Hon. Chief Justice Justice John Lyons
BARBADOS Hon Chief Justice Sir David Simmons
BELIZE Hon Chief Justice Abdulai Conteh
BERMUDA Honourable Justice Madame Wade-Miller
GUYANA - Hon Chief Justice Carl A. Singh - Honourable Senior Justice Ian Chang, Justice of Appeal, Court of Appeal
JAMAICA Hon Chief Justice Lensley Wolfe, O.J.
SURINAME Hon Dr. Alfred C. Veldema
TRINIDAD AND TOBAGO Hon Justice Lionel Jones
OECS (Antigua and Barbuda, Dominica, Grenada, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines) Hon Actg. Chief Justice Adrian Saunders
SAINT LUCIA Honourable Mr. Justice Albert Redhead, Eastern Caribbean Supreme Court, Judge, High Court
GRENADA Honourable Mr. Justice Kenneth Benjamin, High Court Judge, Eastern Caribbean Supreme Court
ST. KITTS AND NEVIS Honourable Mr. Justice Davidson Baptise, Eastern Caribbean Supreme Court, High Court Judge
ST. VINCENT AND GRENADINES Honourable Justice Louise Blenman, Eastern Caribbean Supreme Court, High Court of Justice
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Appendix IV
PARTICIPANTS IN UNEP GLOBAL TRAINING PROGRAMMES IN ENVIRONMENTAL LAW AND POLICY (2001- 2003)
FIFTH GLOBAL TRAINING PROGRAMME IN LIBYA ENVIRONMENTAL LAW AND POLICY Mr. Abdalla Sadeq Shumaina, Head of Ecosoc NAIROBI, 19 NOVEMBER – 7 DECEMBER 2001 Section, Secretariat of Foreign Affairs Mr. Hesham Ali Sharif, Libyan Embassy AFRICA MALAWI BENIN Ms. Gertrude Lynn Hiwa, Assistant Chief Ms. Edwige Agossou Ahoussougbemey, Parliamentary Draftsperson, Ministry of Justice Officer, Ministry of Foreign Affairs and African Integration MALI Mr. Bakary Toure, Chef de Bureau Conventions, BURKINA FASO Traités et Accords internationaux sur Ms. Watta Ouédraogo, Ingenieur Zootechnicièn l’Environnement, Ministère de l’Equipement, de gestionnaire de l’environnement, Ministry of l’Aménagement du Territoire, de l’Environnement Environment and Water/SP/Conagése et de l’Urbanisme
EGYPT MOROCCO - Hassan Ahmed Shawky, Second Mr. Hassane Boukili Secretary, Permanent Mission of Egypt to Habitat and UNEP MOZAMBIQUE - Tarek Salah Youssef Abass, Legal Officer , Ms. Elsa da Conceição Lucas, Lawyer/ Legal Ministry of State for Environmental Affairs, Officer, Ministry of Coordination of Environmental Affairs ETHIOPIA Mr. Musa Mohammed Abseno, Legal Advisor, NIGERIA Transboundary Rivers Study, Department, Mr. Garba Ibrahim Malumfashi, Senior Legal Ministry of Water Resources Officer, Federal Ministry of Environment, Le gal Unit GAMBIA Ms. Haddijatou Kah, Principal State Counsel/ RWANDA Legal Adviser, National Environmental Agency, Mr. Jotham Gasatura, Lawyer, Ministry of Lands, Department of State for Justice Human Re-Settlement and Environmental Protection GHANA Ms. Margaret Ahiadeke, Acting Deputy Director SENEGAL (Legal), Environmental Protection Agency Mr. Moussa Waly, Direction of Environment and Classified Habilities KENYA Mr. Marindany Leonard Kirui, Senior Environment SOUTH AFRICA Officer, Ministry of the Environment and Natural Ms. Magdalene Williams, First Secretary, Resources Multilateral, South African High Commission
KENYA TOGO Mr. Henry Kinuthia, Environment Officer, National Mr. Mawuli Komi Amegadje, National Coordinator, Environment Secretariat National Environmental Action Plan, Ministry of Environment and Forestry Resources LESOTHO Ms. Makhiba Tjela, Principal Environment Officer UGANDA (Legal), Ministry of Environment Ms. Harriet Lwabi, Commissioner, Legal Drafting, Ministry of Justice and Cons titutional Affairs
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ZIMBABWE WESTERN ASIA Mr. Phillip Chikwende Manyaza, Chief Natural Resources Officer, Department of Natural GEORGIA Resources Mr. Mikheil Tushishvili, Senior Specialist and Head of Ozone Unit Ministry of Environment ASIA AND PACIFIC JORDAN AUSTRALIA Mr. Mamoun Salaheddin Amin Salah, Director of Mr. David Livingstone, Deputy High the Legal Affairs Department, Ministry of Commissioner, Australian High Commission Municipal, Rural and Environmental Affairs
BANGLADESH SAUDI ARABIA Ms. Tahmina Begum, Senior Assistant Secretary, - Mr. Fahad Ahmed A. Mansouri, Deputy Ministry of Environment and Forest Ambassador of Saudi Arabia, Embassy of Saudi Arabia BHUTAN - Mr. Jamal Bamaileh, Deputy Permanent Mr. Ritu Raj Chhetri, Legal Officer, National Representative, Embassy of Saudi Arabia Environment Commission Secretariat TURKEY PEOPLE’S REPUBLIC OF CHINA Ms. Hale Ertorun, MSc City Planner, Ministry of Mr. Zhuang Zhuo, Programme Officer, Environment Department of International Cooperation, State Environmental Protection Administration EUROPE
KAZAKHSTAN MOLDOVA Ms. Ludmila V. Shabanova, Manager of Ms. Diana Celac, Specialist Principal , Natural Programme, Institutional strengthening for Resources General Division of Ministry of Sustainable Development, UNREP/UNEP, Ecology, Construction and Territorial Ministry of Natural Resources and Environmental Development Protection POLAND LAO PDR Ms. Renata Cybulska, Chief Specialist in Foreign Mr. Kongsaysy Phommaxay, Director of Relations Department, Ministry of the Environmental Policy Division, Science, Environment, Foreign Relations Department Technology and Environment Agency (STEA), Department of Environment (DOE) PORTUGAL Ms. Ana Paula da Silva Ramalho de Almeida, MONGOLIA Chief of Legal Division, Regional Directorate of Ms. Sainbayar Ayush, Lawyer, Ministry of Nature Environment and Physical Planning for the and Environment Region of Lisbon and the Tagus Valley , Ministry of the Environment NEPAL Mr. Janak Raj Bhatta, Secti on Officer, Ministry of RUSSIAN FEDERATION Population and Environment Mr. Vladimir Lenev, First Secretary, Department of International Organizations (Ecology Division), PAKISTAN Ministry of Foreign Affairs of the Russian - Mr. Ahmad Jamil, Deputy Permanent Federation Representative, Pakistani High Commission - Dr. Muhammad Khurshid, Section Officer LATIN AMERICA AND THE CARIBBEAN (International Coordination) Ministry of Environment ARGENTINA Ms. Marcia Levaggi, First Secretary, Ministry of TAJIKISTAN Foreign Affairs, Directorate of Environmental Mr. Sukhrob Aknazarov, Head of Specialist Affairs Department of Control and Inspection, Ministry of Nature Protection BRAZIL Ms. Maria Angelica Ikeda, Third Secretary, Ministry of External Relations , Division of Environment
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COLOMBIA Ms. Claudia A. Arias -Cuadros, Legal Advisor, GUINEA-BISSAU Ministry of the Environment Dr. Ioba Embalo, Legal Advisor, Natural Resources Energy and Industry, State Secretariat FIJI (N.R.E.I.S.) Mr. Luke Uluimela Qiritabu, Legal Officer, Department of Environment REPUBLIC OF GUINEA Mr. Sano Mory, In-Charge of Wastes PERU Management Direction National de Mr. Caballero Luna Arturo, Territorial Gestion l'Environnement Manager, National Environmental Council (C0NAM) KENYA Mr. Dickson Munuhe Njora, Acting Principal SURINAME Compliance & Enforcement Officer, NEMA Ms. Nancy del Prado, Legal Advisor, National Institute for Environment and Development in LIBERIA Suriname (NIMOS) Mr. Daniel Sarbah Toe, Director/Lawyer Bureau of Regional Planning, Ministry of Planning and VANUATU Economic Affairs Ms. Angelyne Saul, Legal Officer, (Legislative Drafter), State Law Office MADAGASCAR Mr. Ratsimisaraka Thélésphore LL.M, Director, VENEZUELA Ministry of the Environment, Water & Forests, Ms.Yasenska Martinez, Legal Advisor, Legal Nuisance Prevention Department Department, Ministry of Environment and Natural Resources MAURITIUS Ms Gaitree Jugessur-Manna, Principal State SIXTH GLOBAL TRAINING Counsel Attorney General’s Office PROGRAMME IN ENVIRONMENTAL LAW AND POLICY SIERRA LEONE 24 NOVEMBER - 5 DECEMBER 2003 Mr. Stephen Syril James Jusu, Director of the Environment Environment Protection Department AFRICA SUDAN BURUNDI Mr. Adil Alzain Ahmed Magid, Legal Adviser, Mr. Anaclet Nzirikwa, Conseiller juridique, Cabinet Higher Council for Environment and Natural du Ministère de l'Aménagement du Territoire, de Resources l'Environnement et du Tourisme ASIA & THE PACIFIC CENTRAL AFRICAN REPUBLIC Mr. Michel Dimbele-Kombe , Director General, PEOPLE’S REPUBLIC OF CHIN A Agency for Environment and Mr. Tu Ruihe, Director, Division of International Sustained Development, Ministère de Organizations Department of International l'Environnement, du Développement Durable et Cooperation, State Environmental Protection de l'Economie Sociale Administration (SEPA)
CONGO REPUBLIC COOK ISLANDS Mr. Marcel Gantsoua, Director, Environmental Ms Tania Temata, International Environment Law and Cooperation Advisor, Cook Islands Environment Service
DEMOCRATIC REPUBLIC OF CONGO KOREA REPUBLIC Ms Mwana Kakungu Kompanyi, Conseillère au Mr. Young Woo Kim, Deputy Director , National Ministere de l'Environnement, Conservation de la Environmental Conservation Division, Ministry of Nature, Eaux et Forets Environment, Government Complex-Gwacheon
DJIBOUTI Ms Djamila Hassan Bahdon, Cons eillère juridique MICRONESIA du Ministère de l'Habitat, de l'Urbanisme, de Ms Marstella E. Jack, Assistant Attorney General, l'Environnement et de l'Aménagement du Office of Attorney General Territoire
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NIUE ISLAND HUNGARY Hon. Robert Richmond Rex, Member of Ms Zita Faskerti, Councellor, Department for Parliament, International Relations, Ministry of Environment and Water PHILIPPINES Atty. Clarence Darrow M. de Guia, Director, Legal LITHUANIA Services and Special Legal Counsel Mrs Vilija Augutaviciene, Director, Environmental
SAMOA (AMERICAN) NETHERLANDS Mr. Marc Marquis, Air & Land Programs Manager. Mr. Philip Drost, Legal Counsel, Ministry of American Samoa Environment Protection Agency Housing, Spatial Planning & the Environment
SAMOA (WESTERN) RUSSIAN FEDERATION Ms Theresa Potoi-Vaai, Principal Legal Officer, Mr. Denis Piminov, Attaché, Department of Ministry of Natural Resources & Environment International Organizations, Ministry for Foreign Affairs of Russia SINGAPORE Mr. Ow Yong Tuck Leong, State Counsel SERBIA & MONTENEGRO Attorney-General's Chambers - Ms Durac Milica, Lawyer, Advisor to the Minister, Ministry for Protection of Natural SRI LANKA Resources and Environment of Republic of Serbia Mrs. Lumbini Deepika Kiriella, Legal Officer, - Ms Biljana Djurovic, Senior Adviser, Ministry of Environment & Natural Resources Ministry of Environment and Physical Planning
TUVALU TURKMENISTAN Mr. Isala T. Isala, Crown Counsel, Office of the Mr. Aeberenow Serdar, Head Specialist, Attorney General International Projects Coordination Department, Ministry of Nature Protection EUROPE UZBEKISTAN ALBANIA Mr. Mamatqulov Ravshanjon, Senior Specialist, Ms Eugena Agalliu, Lawyer, Ministry of Department of International Cooperation & Environment Programme, State Committee for Nature Protection BOSNIA & HERZEGOVINA Mr. Borislav Jaksic, Assistant Minister for Ecology LATIN AMERICA & THE CARIBBEAN Ministry of Physical Planning, Construction & Ecology, ARGENTINA Mr. Mauricio Nine, Third Secretary, Ministry of CROATIA Foreign Affairs, Environmental Affairs Department Ms Iva Vasileski, Head of Environment and Nature Protection Inspection Sector, Ministry of GUATEMALA Environmental Protection and Physical Planning Mr. Jorge Francisco Marroquín Cáceres, Legal Counselor, Ministry of Environment and Natural CZECH REPUBLIC Resources Mr. Libor Dvorak, Legal Advisor, Department of Legislation, Ministry of the Environment GUYANA Ms Sueanna David, Parliamentary Counsel, GERMANY Attorney General's Chambers Mr. Michael Kracht, Legal Advisor, Federal Ministry for the Environment, Nature Protection HONDURAS and Nuclear Safety (BMU), Division N I 5 - - Mr. Joaquín Agüero , Natural Resources Legislation on Nature Protection and Landscape and Environment Secretariat Management - Ms Waleska Pastor M, Executive Secretariat Municipality of Central District Mr. Jens Küllmer, Deputy Head of Division, Federal Ministry for the Environment, Nature PANAMA Protection and Nuclear Safety (BMU), Division IG Ms Sygrid del Carmen Barragán Guardia, II 3, International Chemical Safety, Autoridad National del Ambiente
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PARAGUAY SAUDI ARABIA Ms Liliana Ines Vega Cameroni, Environmental Mr. Jamal Ali Bamaileh, Environment Specialist, Division, Office of the General Attorney of Presidency of Meteorology and Environment, Paraguay Department of International Cooperation
ST. VINCENT & GRENADINES SYRIAN ARAB REPUBLIC Ms Danine Kami Jones, Parliamentary Counsel Mr. Intesar Ali, Legal Affairs Department c/o the Attorney General's chambers COMMITTEE OF PERMANENT WEST ASIA REPRESENTATIVES
SULTANATE OF OMAN CUBA - Mr. Yahya Mohammed Humaid Al- Mr. Reinaldo Garcia Perera, Counsellor, Ghassani, Director, Legal Department, Ministry of Permanent Mission of Cuba to UNEP Regional Municipalities, Environment and Water Resources, (MRME WR) ISLAMIC REPUBLIC OF IRAN - Mr. Saeed Ali Al-Zadjaly, Director, Mr. Alireza Esmaeilzadeh, Deputy Permanent Chemical Substances, Directorate-General of Representative to UNEP & Habitat, Embassy of Environmental Affairs, Ministry of Regional Islamic Republic of Iran Municipalities Environment & Water Resources SAUDI ARABIA PALESTINE H.E. Fahad Al Mansouri, Deputy Permanent Mr. Ahmed Taha Ghandour, Counselor, Ministry Representative of UNEP & Habitat, Royal of Justice Embassy of Saudi Arabia
TANZANIA Mrs. Adelaida F. T. Tillya ,High Commission of the United Republic of Tanzania
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Appendix V
UNEP Academic Contact Group on Environmental Law
Professor Winston Anderson University of the West Indies Trinidad and Tobago
Professor Antonio Benjamin Director, Brazilian Environmental Law and Policy School Lawyers for a Green Planet Institute Sao Paulo, Brazil
Professor Ben Boer Australian Centre for Environmental Law Faculty of Law, University of Sydney Sydney, Australia
Professor Adrian Bradbrook Bonython Professor of Law Law School, University of Adelaide Adelaide, Australia
Professor Jutta Brunnée Professor of Law & Metcalf Chair in Environmental Law Faculty of Law, University of Toronto Toronto, Ontario, Canada
Professor Néstor Cafferatta Environmental Law Advisor and Researcher. Faculty of Law, University of Salvador Argentina
Professor Jorge Caillaux Director, Catholic University of Lima Lima, Peru
Dr. Charles Di Leva Chief Counsel, ESSD and International Law The World Bank Legal Department Washington, DC, USA
Professor Gabriel Real Ferrer Director, University of Alicante Alicante, Spain
Professor Malgosia Fitzmaurice Professor of Public International Law Queen Mary, University of London London, UK
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Professor Aquilino Vázquez García Faculty of Law, Technologic Institute of Monterrey Mexico City, Mexico
Professor Jan Glazewski Institute of Marine and Environmental Law University of Cape Town Cape Town, South Africa
Profes sor Simeon Kedogo Imbamba P. O. Box 76514 Yaya Towers Nairobi, Kenya
Dr. John Palamagamba Kabudi Senior Lecturer Faculty of Law, University of Dar Es Salaam Dar Es Salaam, Tanzania
Dr. Alexandre Ch. Kiss 29, rue de Conseil des XV Strasbourg, France
Professor Koh Keng Lian Director, Asia-Pacific Centre for Environmental Law Faculty of Law, National University of Singapore Singapore
Judge Eladio Lecey Professor, Judicial Academy Rio Grande do Sul Brazil
Professor Bob Lee Cardiff Law School, Cardiff University Cardiff, United Kingdom
Professor Gerhard Loibl Diplomatische Akademie Vienna, Austria
Ricardo Luis Lorenzetti Director, Faculty of Law University of Buenos Aires Buenos Aires, Argentina
Professor Daniel Magraw President, Center for Internatio nal Environmental Law (CIEL) Washington, DC, United States
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Professor Sunee Mallikamarl Faculty of Law, Chulalongkorn University Bangkok, Thailand
Prof. José Juan González Márquez Faculty of Law, Autonomous Metropolitan University of Mexico Mexico
Professor Stephen McCaffrey McGeorge School of Law University of the Pacific Sacramento, United States
Professor Winston McCalla Legal Advisor to Natural Resource Conservation Division and Natural Resources Conservation Authority; Legal and Institutional Consu ltant to the Water and Environmental Sectors in Jamaica and the Caribbean Jamaica
Professor Jorge Cabrera Medaglia University of Costa Rica Costa Rica
Professor Ramón Ojeda Mestre Autonomous Metropolitan University of Mexico Mexico
Dr. Erik Jaap Molenaar Research Associate of the Netherlands Institute for the Law of the Sea (NILOS) Utrecht University Utrecht, The Netherlands
Professor Bob Munroe Policy Adviser on Sustainable Development and Managing Director XXCEL Africa Ltd. Nairobi, Kenya
Professor Charles Okidi Institute for Development Studies University of Nairobi Nairobi, Kenya
Professor Richard Ottinger Pace University School of Law Energy Project, E House White Plains, New York, USA
Professor Kilaparti Ramakrishna The Woods Hole Research Center Woods Hole, United States
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Dr. Rosalind Reeve P. O. Box 47074 Nairobi, Kenya
Professor Fernando Rei Faculty of Law, University of Sao Paulo and University of Campinas Brazil
Professor Nicholas A. Robinson Gilbert & Sarah Kerlin Distinguished Professor of Environmental Law Centre for Environmental Legal Studies Pace University School of Law New York, U.S.A.
Professor Gregory Rose Associate Professor, Centre for Natural Resources Law Faculty of Law, University of Wollongong Wollongong, Australia
Professor Dinah Shelton Center for Civil and Human Rights University of Notre Dame, Notre Dame Law School Notre Dame, USA
Michael Woods LLM Former Senior Research Fellow Centre for Law and the Environment, University College London London, UK
Professor Wang Xi Director, Environmental and Resources Law Institute (ERLI) School of Law, Shanghai Jiaotong University Shanghai, China
Durwood Zaelcke Director, Secretariat, International Network for Environmental Compliance and Enforcement; Adjunct Professor of Law , American University Washington College of Law Washington, USA
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