Pacific Islands Forum
Total Page:16
File Type:pdf, Size:1020Kb
5 September 2018 VANCE CENTRE ENVIRONMENT PROGRAM Analysis of the Adoption and Implementation of the Environmental Principles in the Proposed Global Pact for the Environment (Global Pact) in Regional Instruments Pacific Islands Forum 1. Overview of document This document provides an analysis of how the environmental principles in the Global Pact (Environmental Principles) have been adopted or recognized in the regional instruments of the Pacific Islands Forum and how they have been implemented. 2. Overview of the Pacific Islands Forum The Pacific Islands Forum is a political grouping with 18 members: Australia, Cook Islands, Federated States of Micronesia, Fiji, French Polynesia, Kiribati, Nauru, New Caledonia, New Zealand, Niue, Palau, Papa New Guinea, Republic of Marshall Islands, Samoa, Solomon Islands, Tonga, Tuvalu, and Vanuatu. There are also a number of current Forum observers such as the Asian Development Bank, Western and Central Pacific Fisheries Commission, the World Bank, American Samoa, etc. Since 1989, the Forum has help post-forum dialogues with key dialogue partners at ministerial levels. There are currently 17 partners, being Canada, People’s Republic of China, Cuba, European Union, France, India, Indonesia, Italy, Japan, Republic of Korea, Malaysia, Philippines, Spain, Thailand, Turkey, United Kingdom and the United states. Pacific Islands Forum was founded in 1971 as the South Pacific Forum and in 2000 its name changed to better reflect the location of its members. The founding members were Australia, Cook Islands, Fiji, Nauru, New Zealand, Tonga, and Western Samoa (now Samoa). The Secretariat to the Forum was initially established as a trade bureau in 1972 and later became the South Pacific Bureau for Economic Cooperation. In 2000, when the name of the Forum changed, the Secretariat became the Pacific Islands Forum Secretariat. The Pacific Islands Forum Secretariat is based in Suva, Fiji. The Forum Secretariat is mandated to coordinate the implementation of the framework for Pacific regionalism. The Pacific Islands Forum Secretariat is an international organization established by treaty, enjoying legal personality in each of its 16 member countries. 7/09/2018 18:20 ASIA 32144576 v1 [Global Pact regional review - Pacific Islands Forum.DOCX] 1 5 September 2018 The Secretary-General of the Forum Secretariat is permanent chair of the Council of Regional Organisations in the Pacific (CROP). The Forum leaders established the Council of regional Organisations with the Pacific in 1988 to improve cooperation, coordination, and collaboration among the various inter-governmental regional organisations to work towards achieving the common goal of sustainable development in the Pacific region. Members of CROP are the heads of the inter-governmental regional organisations in the Pacific. Overview of the Secretariat of the Pacific Regional Environment Programme SPREP is the regional organization established by the Governments and Administrations of the Pacific charged with protecting and managing the environment and natural resources of the Pacific. SPREP has 21 Pacific island member countries and territories (American Samoa, Cook Islands, Federated States of Micronesia, Fiji, French Polynesia, Guam, Kiribati, Marshall Islands, Nauru, New Caledonia, Niue, Northern Marianas, Palau, Papua New Guinea, Samoa, Solomon Islands, Tokelau, Tonga, Tuvalu, Vanuatu and Wallis & Futuna) and 5 developed countries (Australia, France, New Zealand, United Kingdom and United States of America) with direct interests in the region. SPREP’s mandate is to get cooperation in the Pacific to protect the environment and to encourage sustainable development into the future. Its four key concerns are around oceans and ecosystems, climate change, effective waste management and pollution control and environmental governance. 3. Analysis Global Pact Article Instruments Adopted in the Region Sections Elaborated Article 1 – Right to an Not adopted. Not adopted. ecologically sound environment Every person has the right to live in an ecologically sound environment adequate for their health, well-being, dignity, culture and fulfilment. 7/09/2018 18:20 ASIA 32144576 v1 [Global Pact regional review - Pacific Islands Forum.DOCX] 2 5 September 2018 Global Pact Article Instruments Adopted in the Region Sections Elaborated Article 2 – Duty to take Regional Treaty of the Convention to Ban the The Treaty implements the Basel Convention on the Control of care of the Importation into Forum Island Countries of Hazardous Transboundary Movements of Hazardous Wastes and Their Disposal. environment and Radioactive Wastes and to Control the The Preamble of the Basel Convention affirms that ‘States are Every State or international Transboundary Movement and Management of responsible for the fulfilment of their international obligations concerning institution, every person, Hazardous Wastes within the South Pacific Region, the protection of human health and protection and preservation of the natural or legal, public or Waigaini, Papua New Guinea (the Waigaini Convention), environment, and are liable in accordance with international law’. private, has the duty to take entered into force 21 October 2001 care of the environment. To this end, everyone http://www.paclii.org/pits/en/treaty_database/1995/1.html contributes at their own levels to the conservation, protection and restoration Agreement Establishing the South Pacific Regional Article 2 Purposes of the integrity of the Environment Programme Earth’s ecosystem. The purposes of SPREP are to promote cooperation in the South Pacific http://www.paclii.org/pits/en/treaty_database/1993/2.html Region and to provide assistance in order to protect and improve its environment and to ensure sustainable development for present and future generations. Convention on Conservation of Nature in the South Article 3 Pacific 1. The boundaries of national parks shall not be altered so as to reduce http://www.paclii.org/pits/en/treaty_database/1976/7.html their areas, nor shall any portions of such parks be capable of alienation, except after the fullest examination. 2. The resources of national parks shall not be subject to exploitation for commercial profit, except after the fullest examination. Article 3 – Integration Cartegena Protocol on Biosafety on the Convention on Preamble and Sustainable Biological Diversity Development Trade and environment agreements should be mutually supportive with a http://www.paclii.org/pits/en/treaty_database/2000/10.html view to achieving sustainable development. Parties shall integrate the 7/09/2018 18:20 ASIA 32144576 v1 [Global Pact regional review - Pacific Islands Forum.DOCX] 3 5 September 2018 Global Pact Article Instruments Adopted in the Region Sections Elaborated requirements of Convention on Conservation of Nature in the South Article 2 environmental protection Pacific into the planning and 1. Each Contracting Party shall, to the extent it is itself involved, implementation of their http://www.paclii.org/pits/en/treaty_database/1976/7.html encourage the creation of protected areas which together with policies and national and international activities, existing protected areas will safeguard representative samples of the especially in order to natural ecosystems occurring therein (particular attention being given promote the fight against to endangered species), as well as superlative scenery, striking climate change, the geological formations, and regions and objects of aesthetic interest or protection of oceans and the maintenance of historic, cultural or scientific value. biodiversity. They shall pursue sustainable Samoa Pathway Preamble development. To this end, they shall ensure the http://www.sids2014.org/content/documents/336SAMOA% 6. …We also reaffirm the need to achieve sustainable development by promotion of public 20Pathway.pdf promoting sustained, inclusive and equitable economic growth, support policies, patterns of creating greater opportunities for all, reducing inequalities, raising production and basic standards of living, fostering equitable social development and consumption both sustainable and respectful inclusion, and promoting the integrated and sustainable management of the environment. of natural resources and ecosystems that supports, inter alia, economic, social and human development while facilitating ecosystem conservation, regeneration and restoration and resilience in the face of new and emerging challenges. 9. We reaffirm our commitment to move the sustainable development agenda forward… Protocol for the Prevention of Pollution of the South Article 3 Pacific Region by Dumping 1. The Parties shall take all appropriate measures to prevent, reduce and http://www.paclii.org/pits/en/treaty_database/1986/16.html control pollution in the Protocol Area by dumping. 7/09/2018 18:20 ASIA 32144576 v1 [Global Pact regional review - Pacific Islands Forum.DOCX] 4 5 September 2018 Global Pact Article Instruments Adopted in the Region Sections Elaborated Agreement Establishing the South Pacific Regional Preamble Environment Programme Seeking to ensure that resource development takes proper account of the http://www.paclii.org/pits/en/treaty_database/1993/2.html need to protect and preserve the unique environmental values of the region and of the principles of sustainable development… Article 4 – Convention for the Protection of the Natural Resources Preamble Intergenerational and Environment of the South Pacific Region Equity Conscious of their responsibility to preserve their