Sustainable Development in the 21st century (SD21)

Review of implementation of Agenda 21 and the Rio Principles Synthesis

Study prepared by the Stakeholder Forum for a Sustainable Future January 2012 Design by formatoverde.pt All photographs by © United Nations Acknowledgement This study is part of the Sustainable Development in the 21st century (SD21) project. The project is implemented by the Division for Sustainable Development of the United Nations Department of Economic and Social Affairs and funded by the European Commission - Directorate-General for Environment - Thematic Programme for Environment and sustainable management of Natural Resources, including energy (ENRTP). Support from the European Commission is gratefully acknowledged.

This report was done by Felix Dodds, Kirsty Schneeberger and Farooq Ullah from Stakeholder Forum for the Future, under the supervision of David Le Blanc (UN-DESA).

This report has been produced with the assistance of the European Union. The contents of this publication are the sole responsibility of the United Nations Department of Economic and Social Affairs and can in no way be taken to reflect the views of the European Union.

 Synthesis | Review of Implementation of Agenda 21 and The Rio Principles III Contents

Introduction ...... 1

Implementation of Agenda 21 ...... 1

Implementation of the Rio Principles ...... 2

Methodology ...... 3

Detailed assessments of Agenda 21 and the Rio Principles ...... 3

Scorecard Methodology ...... 3

Agenda 21 Chapters - Overview ...... 5

Successes ...... 5

Challenges ...... 7

Conclusions ...... 8

Rio Principles - Overview ...... 9

Successes ...... 9

Challenges ...... 10

Conclusions ...... 12

What happened to the Rio deal? ...... 13

The Original Rio Deal ...... 13

What happened? ...... 13

Acknowledging Contradictions ...... 15

Areas for Action ...... 17

Endnotes ...... 19

Annex ...... 21

Table 2 –Agenda 21 Scorecard ...... 22

Table 3 –Rio Principles Scorecard ...... 40

IV Review of Implementation of Agenda 21 and The Rio Principles | Synthesis

This report is one of three companion reports produced Introduction under the first study of the “Sustainable Development in the 21st century” (SD21) project, an undertaking of One of the defining moments the Division for Sustainable Development of the United for sustainable development Nations Department of Economic and Social Affairs (UN has been the United Nations DESA). The study comprises three outputs (of which this report is the third): Conference on Environment and • Detailed review of progress in implementation Development (UNCED) that was of the Rio Principles held in Rio de Janeiro in 1992. • Detailed review of progress in implementation The Rio conference came twenty of Agenda 21 years after its predecessor • Synthesis report on the review of Agenda 21 conference in Stockholm. and the Rio Principles. UNCED gave birth to a number These three reports can be found on the UN DESA website.1 of international instruments that continue to provide the Implementation of Agenda 21

framework for sustainable When it was adopted in 1992 at the Earth Summit, development. This included Agenda 21 was meant to be “a programme of the groundbreaking Agenda action for sustainable development worldwide”. Furthermore, as stated in its introduction, it had 21, which offered a practical the ambition of being “a comprehensive blueprint approach to applying sustainable for action to be taken globally, from now into the development policies at the local twenty-first century”. The ambition was high, and so were the stated goals of the Agenda: and national level, and the Rio improving the living standards of those in need; Declaration on Environment and better manage and protect the ecosystem; and Development. bring about a more prosperous future for all. Various chapters of Agenda 21 have progressed Agenda 21 sought to provide a comprehensive at different paces. Information on progress blueprint of action to be taken globally, nationally and gaps in the implementation of sustainable and locally by organizations of the UN, governments, development commitments and decisions exist, and major groups. The Rio Declaration established but is often scattered. On some of the topics, 27 principles intended to guide sustainable global assessments have been undertaken by the development around the world. international community (IPCC reports; Global Energy Assessment; IAASTD for agriculture). Academic institutions and think tanks often produce Twenty years after the Rio summit, this study reports on specific sectors or topics (e.g. oceans, aims to provide an assessment of the progress renewable energy, climate change). and gaps made in the implementation of Agenda 21 and the Rio Principles. Short reviews of the state of implementation of various chapters or clusters of chapters of Agenda

PAGE 1 Review of Implementation of Agenda 21 and The Rio Principles | Synthesis 21 were produced by the UN for the Commission Implementation of the Rio Principles on Sustainable Development sessions in 1997 (“Rio+5”) and 2001 in preparation for the 2002 The Rio Declaration on Environment and World Summit on Sustainable Development. These Development, adopted by 178 Member States reviews, which were 5-10 pages long, were produced in 1992 at the Earth Summit, was at the time by the UN agencies in charge of specific chapters of perceived as a progressive statement by all Agenda 21 according to the arrangements agreed nations that enshrined the recognition of the by the now extinct Inter-Agency Committee on indivisibility of the fate of humankind from Sustainable Development. that of the Earth, and established sustainable development in an international framework. The UN Division for Sustainable Development (DSD) regularly undertakes reviews of progress made The Declaration, a compact set of 27 principles, under the clusters of issues in different CSD cycles, in promoted concepts such as the centrality of human the form of both issue-specific (sectoral) reports, so- beings to the concerns of sustainable development called “overview reports”, and trends reports. Since (Principle 1); the primacy of poverty eradication the Trends report produced by DSD for the World (Principle 5); the importance of the environment Summit on Sustainable Development in 2002 there for current and future generations and its equal has been no fully-encompassing review exercise footing with development (Principles 3 and 4); done by the Division for Sustainable Development. the special consideration given to developing countries (Principle 6); the principle of common but This study aims to provide a systematic, although differentiated responsibilities (CBDR, Principle 7). It not by any means fully comprehensive, assessment also enshrined the two critical economic principles of the progress and gaps in the implementation of polluter pays (Principle 16) and the precautionary of the programmes of action included in the 39 approach (Principle 15). It introduced principles Chapters of Agenda 21 (this does not include relating to participation and the importance of Chapter 1 which is the Introduction). specific groups for sustainable development (Principles 10, 20, 21, 22). Lastly, it requested The study thus aims to complement existing Member states to put in place adequate legislative exercises by: instruments to address environmental issues.

1. providing a basic but systematic coverage of A review of the Rio principles was conducted by the issues in Agenda 21 (as opposed to a subset of UN Division for Sustainable Development for the issues under each CSD cluster), including state 5th session of CSD in 1997 (“Rio+5”). Some of the of progress, institutional changes since 1992, principles have given rise to considerable amount outstanding issues that were either not included in of literature. While the underlying causes for the Agenda 21 or rose to major importance since then; success of specific principles may be understood by experts in various fields of international law and 2. assessing the main factors having caused sustainable development, a short and simple but progress or lack of progress on the different all-encompassing summary seems to be missing. chapters, and suggesting alternative approaches to Yet, understanding why some of the principles have facilitate faster progress; and not succeeded in passing the test of inclusion in international and national law, or at least become 3. synthesizing the lessons from the detailed the basis for accepted normal practices is critical examination of the chapters of Agenda 21 and to furthering sustainable development. suggesting priorities for progress across the board.

 Synthesis | Review of Implementation of Agenda 21 and The Rio Principles PAGE 2 This study provides a systematic assessment of the Based on the terms of reference, Stakeholder Forum state of implementation of the 27 Rio Principles; based developed a generic template for the review of each on individual assessments, it also provides an overview of the individual chapters and principles to streamline of progress and identifies some areas where actions the process that was conducted by multiple people; should concentrate for further progress. and to ensure consistency in the research and writing approach. The template is outlined in more detail below.

Methodology Stakeholder Forum conducted the initial drafting in- house for each of the 39 Agenda 21 Chapters and The UN Division for Sustainable Development (DSD) 27 Rio Principles. This was done by a core team of commissioned Stakeholder Forum for a Sustainable researchers familiar with the area of work. Once initial Future (SF) to undertake this review to provide an drafts had been completed these were sent to DSD for assessment of the progress and gaps made in the comment and review and to identify gaps in the reports implementation of the above mentioned Rio outcomes; as well as to emphasise areas of focus and discuss Agenda 21 and the Principles of the Rio Declaration. areas that needed particular attention. Once feedback was received Stakeholder Forum engaged expert Stakeholder Forum has a strong institutional consultants to take the initial research and compile memory that spans over two decades and has a more focussed and detailed analysis of particular been deeply engaged in the processes that were Chapters and Principles. Stakeholder Forum then developed out of the UNCED in 1992 – such as played a coordinating and editorial role on the updated the Convention on Biological Diversity (CBD) versions of different chapters and principles. conferences as well as the UNFCCC negotiations and other conferences organised both by the UN and The two detailed reports are based on desk review other stakeholders (CSD, NGOs, local authorities, of the existing literature, including academic (peer- trade unions, youth, businesses, etc.). reviewed) literature, UN decisions and official reports, evaluations and assessments published The terms of reference for the study included: by international think tanks and policy institutions, and others as relevant. This had its limitations, and • A comprehensive review of each of the Chapters these must be acknowledged. of Agenda 21 and the Rio Declaration Principles; • A synthesis report that offers an overview of Where possible, case studies were drawn upon the successful implementation of the above; as to illustrate successful implementation or where well as areas that have been a barrier or challenge barriers and challenges to implementation existed. to implementations; and These case studies are intended to be illustrative. • A table or traffic light system to ‘score’ each While attempt has been made to cover a range of of the Chapters and Principles to offer a quick examples and to offer a multiple set of views in the reference to the status of implementations. case studies, time and resources did not allow for a full and comprehensive review of every example. Detailed assessments of Agenda 21 and Scorecard Methodology the Rio Principles The scorecards for both the Agenda 21 chapters The work was carried out between May and and the Rio Principles are subjective assessments November 2011. Stakeholder Forum used both based on the knowledge and expertise of the in-house capacity and external consultants with relevant authors of the chapters of the detailed particular policy expertise to undertake the review. reviews of Agenda 21 and the Rio Principles. To

PAGE 3 Review of Implementation of Agenda 21 and The Rio Principles | Synthesis reflect different views and provide robustness to the qualitative assessments were translated into scoring process, two assessors were asked to rate a traditional “traffic light” colour code, using a progress for each chapter and principle, providing “RAG+” code of colours outlined in Table 1 below. a brief rationale for their overall assessment. The

AGENDA 21 AND RIO PRINCIPLES DRAFTING TEMPLATE

Introduction This section should set the context, why the principle is important, what factors gave rise to it.

Implementation This section should analyze the status of implementation of the principle globally, including the following: • A broad and brief analysis of global implementation i.e. how prevalent the principle is in global and national decision-making, policy and law, the main drivers • Examples of regional and national implementation (specific case studies only, a full-scale analysis of national implementation will not be possible) • Examples of global, regional and national instruments, including evaluations of efficacy of instruments where possible • An overview of the key actors and organizations that have influenced progress towards implementation, their past, ongoing and future campaigns

Challenges and Conflicts This section should focus on some of the challenges to implementation of the Principle more generally, including: • Disparities in the application of the principle across UN Member States, including an analysis of political, economic, cultural and industrial interests that might influence this • Conflicting policies and legislation globally e.g. World Bank, IMF, WTO • Interest groups and actors that are opposed to the implementation of the principle

The Way Forward This section should provide an analysis of the possible ‘way forward’ for the Principle, based on the author’s own analysis of the ‘state of the debate’ but also referring to views of experts in the field. It should include the following: • Identification of further steps that could be taken to more fully implement the Principle in question • Identification of the trade-offs associated with the Principle that must be addressed • Identification of particular actors (where relevant) whose approach will need to change • Identification of prevailing social, political, environmental and economic drivers which will influence the likelihood of implementation.

TABLE 2 SD21 Scorecard Traffic Light Rating System Excellent progress/fully achieved Limited progress/far from target Good progress/on target No progress or regression

 Synthesis | Review of Implementation of Agenda 21 and The Rio Principles PAGE 4 concept of sustainable human development at Agenda 21 Chapters the heart of development, as opposed to more technology-oriented “solutions” in the so-called - Overview “development decades” of the 1960s and 1970s (for example, strategies based on rapid industrialisation Success on Agenda 21 has been highly variable. and large-scale agricultural projects). Despite being a comprehensive plan to deliver sustainable development, implementation has Arguably, Agenda 21’s biggest success has come not always been systemic. However, there are through driving ambition on what sustainable good examples of where Agenda 21 has achieved outcomes are achievable on a sector by sector positive and lasting outcomes. basis. For example, our understanding of biodiversity, of the contribution that agriculture Overall, based on expert ratings, progress on makes to development or of the role of indigenous Agenda 21 has been limited. Of the 39 Agenda 21 peoples in society, has been advanced in no small Chapters, most were rated by both expert assessors part through Agenda 21. as having only made limited progress to date. Three chapters (chapter 4 on Changing consumption Rio not only produced Agenda 21 and the Rio patterns; chapter 7 on Promoting sustainable Declaration, it also produced international law human settlement development; and chapter 9 on instruments that dealt with specific sector issues, Protection of the Atmosphere) were rated as having such as the Forest Principles, the Convention on made no progress or witnessed a regression. Only Biological Diversity (CBD) and the UN Framework five chapters were rated by both assessors as having Convention on Climate Change (UNFCCC). achieved good progress or better: chapters 27 and 18 Furthermore, Rio also caused the creation of the UN on involvement of NGOs and local authorities, chapter Commission on Sustainable Development (CSD), 35 on Science for sustainable development, chapter the UN Convention to Combat Desertification and 38 on International institutional arrangements, the Straddling Fish Stocks Agreement. As an event and chapter 39 on International legal instruments and mechanisms). Ratings varied across the two it is one of the most important examples of the assessors for a few chapters, but overall the two delivery of international law, both hard and soft, sets of rating are fairly consistent. The summary that the UN has managed in its history. scorecard on the implementation of Agenda 21 is given in Table 2 in annex. Agenda 21 tried to address the issue of integration of environment and development through the creation Successes of the Commission on Sustainable Development (CSD). The Commission was a compromise between Agenda 21 (and the original Rio Earth Summit those who wanted to transform the Trusteeship more generally) brought the concept of sustainable Council into a Sustainable Development Council, development into common parlance if not making it and therefore making it one of the permanent a household phrase. bodies of the UN and those countries that wanted no follow up mechanism. The placing of CSD as a It had a strong influence on the language of functioning commission of the Economic and Social subsequent international agreements and Council (ECOSOC) did have some early successes documents (such as WTO preamble, the Cairo with the issues of persistent organic pollutants agenda on population (1994), the Social Summit (eventually resulting in the Stockholm Convention outcome (1995), the Beijing Women’s Conference on POPs), prior informed consent (resulting in (1995), the Habitat agenda (1996), the Rome Food the Rotterdam Convention on PICs), oceans (the Summit (1996). Overall, one clear and positive United Nations Open-ended Informal Consultative impact of Agenda 21 has been to help put the

PAGE 5 Review of Implementation of Agenda 21 and The Rio Principles | Synthesis Process on Oceans and the Law of the Sea) and forests (UN Forum on Forests). It would initiate the conversations and then set them off to be negotiated more formerly in other processes.

Furthermore, Agenda 21 has engendered a much stronger notion of participation in decision- making. This affirmation of the important role of non-governmental actors has percolated all levels of government, international law and international governance.

This includes promoting a greater granularity in demographics for analysis and decisions. For example, Agenda 21 helped bring the gender dimension in all development work and beyond, including gender-differentiated official statistics.

Agenda 21 was the first UN document to identify roles and responsibilities for stakeholders. The nine chapters on “Major Groups”2 have had a large impact on the engagement in implementation and monitoring of Agenda 21. The Rio summit also marked the critical point which brought many stakeholders into a relationship with the UN at the global level.

The participation of the Major Groups – as outlined in Chapter 23 – has been improved with formalised processes in place to acknowledge the contribution to dialogues on sustainable development. the world– the Major Group addressed in Chapter 28 Specifically, the status and importance of NGOs – were found to have adopted some kind of policy or – as outlined in Chapter 27 – has increased undertaken activities for sustainable development, tremendously over the last decades. NGOs play either as a main priority or as a cross-cutting issue. roles as moral stakeholders, watchdogs, mediators, However since then no extensive survey has been implementers, advocates, and experts. They have conducted, and interest seems to have subsided, as become increasingly professionalised and UN sustainable development had to face competition agencies have grown dependent on NGOs in mutually from sectors that promised access to tangible beneficial relationships. Multiple NGO networks resources, such as climate change. are spearheading different aspects of sustainable development. However, how much of this “improved Agenda 21 was an heir to past UN action plans which participation” is simply rhetoric is debateable. sought to cost each line item. However, Agenda 21 represented a progressive vision for action that set Local Agenda 21 has been one of the most extensive standards of ambition and success incomparably follow-up programmes to UNCED and is widely higher than the plans of old. It also built a strong cited as a success in linking global goals to local narrative for action, which in itself was progressive. action. In 2002, over 6,000 local authorities around

 Synthesis | Review of Implementation of Agenda 21 and The Rio Principles PAGE 6 Challenges North American per capita consumption is around 90 kg of resources per day, around 45 kg In retrospect, the format for Agenda 21 based per day for Europeans and around 10 kg per day on sectors may have contributed to defeating for people in Africa.4 the concept of integration that is at the heart of sustainable development, which seeks to promote Despite a number of initiatives and increasing levels cross-sectoral solutions. of awareness and discussion surrounding sustainable consumption and production (SCP), the world has seen Segmentation in sectoral issues has paved the extremely little if any progress, in regard to reaching road for turf wars and silo-isation, both at the the objectives outlined in Chapter 4. The Ecological international level and at the national level. Often Footprint of the global population has increased by stretching the boundaries of a discussion to over a third since the production of Agenda 21. explore interlinkages with other sectors is viewed as either competition for attention and resources, Since UNCED the world has seen a steady growth or worse as a direct threat. Hence, related topics in consumption, and consumption not only remains are frequently treated in various fora with no links very high in the developed world, but is witnessing being establish to connected issues, generating dramatic increases in the consumer population of policy incoherence and confusion. This has also large emerging countries such as Brazil, India and led to strategic gaming, with interlinked issues China. Yet, the basic needs of an even larger section being seen or “sold” as trade-offs (e.g. trade versus of humanity are not being met. intellectual property rights in food and biodiversity). The UN agencies have struggled to effectively Whilst production systems have become more address these interlinkages. efficient, the patterns of consumption appear to have become more unsustainable, supported and Another issue is that some sectors were not included exacerbated by the globalisation of production, in Agenda 21. This broke the all-encompassing with very little in terms of national policies and nature of the document. For example, energy and strategies to encourage changes in unsustainable mining are key sectors that were not included as consumption patterns. individual chapters. Moreover, key issues would today be more prominent than their space in While some progress has been made around Agenda 21, for example transport and waste flows. Chapter 9 – protection of the atmosphere – on the However, energy, transport and tourism were each front of ozone depletion, greenhouse gas emissions discussed in 1997 in a five-year review from Rio. and other atmospheric pollutants remain a huge and growing problem. Some areas of Agenda 21 have remained largely unsuccessful and could even be deemed failures. Chapter 7 – human settlement development – lacks progress. While there are some good examples For example, globally, consumption and production of progressive urban policy, the socio-economic patterns remain unsustainable. Although resource use inequalities and negative environmental issues has significantly reduced per unit of global economic within many urban areas remain widespread in 3 output over the last 25 years (by around 30 per cent). both developing and developed countries, and slum populations are still rising. Globally we are using around 50 per cent more natural resources than we were over the same time In retrospect, Agenda 21 reflected a somewhat period. Furthermore, this resources consumption is static view of the world, largely due to the fact that distributed inequitably. the agenda was cut into 40 sector chapters.

PAGE 7 Review of Implementation of Agenda 21 and The Rio Principles | Synthesis Agenda 21 did not address the interconnectedness sustainability, the overall activities of both of the various goals, because it was not “allowed” institutions and the regional development banks to examine the economic system itself. Nor did it have supported the present economic model. explore the fundamental drivers of sectoral and inter-country outcomes, which include: The creation of the Interagency Committee on Sustainable Development (IACSD) to oversee • the role of corporations, and multi-national the Task Managers for Agenda 21 did achieve corporations (MNCs) in particular; some coordination and implementation in the UN • the role and impacts of trade and globalisation; agencies and programmes. But with additional • the role of international economic governance funding this could have achieved much greater in helping steer the whole system; levels of implementation. The closure of the IACSD as a part of the UN reforms in the late 1990s • the importance given to future generations in reduced the coordination and integration amongst everyday policy-making. UN Agencies and Programmes, with a negative impact on the mainstreaming of the sustainable There had been an attempt by the UN Centre for development concept. Transnational Corporations to table a 41st Agenda 21 chapter on “Transnational Corporations and Agenda 21 also failed to adequately address the Sustainable Development”. This was rejected institutional structures. It underestimated the and within two years the Centre had been closed inertia and resistance of institutional structures at all down with it function shifted to United Nations levels. These issues included siloisation, bias against Conference on Trade and Development (UNCTAD). developed country representation in rule-making, In Johannesburg ten years after Rio the attempt to focus of politicians on “development first” and a bring the topic of trans-national corporations to the disconnect between different levels of government. table resulted in the JPoI merely voicing support for some more voluntary action. NGOs then moved Conclusions their efforts to the ISO process, a result of which was the ISO 26000 on Social Responsibility (2010). Twenty years after the Earth Summit, Agenda 21 But overall, results on this front have been meagre. retains strong relevance, and remains the most comprehensive undertaking by the UN system to Trade had played only a small role in Rio. This promote sustainable development. While there are issue was subsequently put to the WTO by the some gaps in coverage, the issues that humanity is CSD as challenge to the new body to integrate struggling with now are more or less similar those sustainable development into trade decisions. The covered by the chapters of Agenda 21. However, WTO’s founding agreement recognizes sustainable while Agenda 21 has acquired considerable development as a central principle, but in practice coverage amongst nation states, its implementation numerous challenges remain to adequately remains far from universal or effective. Progress address contentious issues involving trade and has been patchy, and despite some elements of development – as illustrated by the stalled Doha good practice most Agenda 21 outcomes have still round of negotiations under WTO, more than 10 not been realised. years after it started.

The main global economic institutions - the IMF and World Bank - have not meaningfully reformed their practises to embrace sustainable development. Although certain policies can be shown to support

 Synthesis | Review of Implementation of Agenda 21 and The Rio Principles PAGE 8 ‘offspring’ agreements or national laws that have Rio Principles - transposed aspects of the Principles. Where such a transposition has occurred, and the principle has Overview been applied in practice, its application has often been tested in the courts; the result of which is that The review of the Rio Principles shows that many some of these principles have been widely accepted of the principles have been transposed into further as part of international jurisprudence. international laws or national instruments, but have not necessarily filtered down into meaningful The most prominent examples of this legal action in practice. Without full compliance application are Principles 10 and 15, along with and enforcement mechanisms there is little to Principles 5, 17 and 24, all of which demonstrate ensure that States comply with the objective and varying elements of successful transposition and aspiration of the principles. However, there are wide adoption of the principle in laws. Principle some successes in this regard, such as Principle 3 and 21 are steadily gaining momentum on 10 (Access to Environmental Information) as implementation and of latter years, in conjunction enshrined in the Aarhus Convention which covers given their interrelation, both have seen an most European Union (EU) members. explosion of activity where increasingly more effort is being made to apply them in practice. Overall, based on expert ratings, progress on the Rio Principles has been slow. Of the 27 Rio Principle 5 – eradicating poverty and raising the Principles, 17 were rated by both expert assessors standards of living for all – helped put the spotlight as only having made limited progress to date. The on the inequity that exists in the world and the wealth summary scorecard on the implementation of the divide between rich and poor. Popular campaigns Rio Principles is given in Table 3 in Annex. have shown that the relevance of Principle 5 reached much wider audiences than those involved Successes in the multi-lateral processes, and the desire and intent to act captured the imagination of society on As a soft law instrument, successful implementation the whole. As such, the Millennium Development of the Rio Declaration takes many shapes and can Goals (MDGs) were agreed with sincere intent be loosely understood through analysing the various to secure poverty eradication. Focussing on key indicators the MDGs are a direct heir of Principle 5. In 2015 the MGDs expire and there will be a review of their successful application and whether or not the goals have been achieved.

Principle 10 – access to justice, information and public participation – is the foundation of the successful regional instrument that enshrines the principle in the Aarhus Convention, which applies to most EU member States as well as a handful of other acceding parties that elected to participate in it. The Aarhus Convention has provided valuable means by which the various elements of the Principle have been promoted through application at the national level, as well as providing a forum (the Compliance Committee) that can hear

PAGE 9 Review of Implementation of Agenda 21 and The Rio Principles | Synthesis complaints where it is claimed that Nation States examples of where the principle of “respect[ing] are not adhering to the Convention. Notably, cases international law providing protection for the have been brought by civil society organisations environment in times of armed conflict”, as the that have challenged their government’s lack of principle itself states, has been enshrined in national implementation or compliance to the Convention, legislation and there are various international which has resulted in the development of a body inter-governmental and non-governmental bodies of case-law that has strengthened the Principle that focus specifically on ensuring the successful overall. In addition, the elements of Principle 10 application of these instruments. In practice, have been borne out in jurisdictions that are not however, it has been difficult to quantify how, and if, parties to the Aarhus regional instrument, but have the principle has been successful in achieving the nonetheless used it as a persuasive example to overall objective. underpin activities such as establishing national environmental courts or tribunals. Challenges

Principle 15 – the precautionary principle – is widely The drive to eradicate poverty, stemming from accepted as a foundation of environmental law at Principle 5 as outlined above, successfully led to both the national and international levels. It has the MDGs; however the final aspect of the principle been tested in a range of courts and jurisdictions, – that of “reducing disparities in standards of living”, notably the World Trade Organisation (WTO) arbitral which can be read as referring to both within and body where initially it was found in some cases that across-country inequalities, has been relatively trade rules superseded the precautionary principle; forgotten, or left out of the development discussion, however in more recent years this has not been as attention has become almost exclusively the approach adopted by most states and the focussed on reducing income poverty. The MDGs principle itself is well established in international reinforce this approach, as does the theme of the jurisprudence and is increasingly becoming more Rio conference on ‘green economy in the context of accepted at the national level. poverty eradication.’ It will be important to ensure that discussions about reducing the disparities Environmental impact assessments (EIAs, Principle in standards of living and wealth distribution are 17) – are commonly used as national instruments incorporated into the Rio+20 discussion and any that are integral to the planning and development subsequent regimes that stem from it. processes. Whilst the efficacy of these instruments has been challenged, the process by which EIAs as Principle 7 – global co-operation to conserve, well as other strategic impact assessments have protect and restore the health and integrity of the been transposed into national legal instruments Earth’s ecosystem– enshrines the principle that provides an instructive framework for how soft was already gaining traction before UNCED, that law can be applied in a very practical way. The of common but differentiated responsibilities. popularisation of such tools demonstrates that This concept has successfully filtered out into where there has been the impetus to develop discussions in the multi - and bi-lateral regimes, at such a ‘national instrument’ (as defined in the both international and national level and in specific Principle itself), the regulation to support it and the areas including from climate change (under subsequent application of it in practice can develop UNFCCC). It is now seen as a “mandatory” element with reasonable speed and intent. to every development discussion since UNCED. However, increasingly conflicting interpretations of Principle 24 – relating to the destructive nature of this principle have stalled progress in the climate warfare – has been well implemented in national change discussions. and regional instruments. There are multiple

 Synthesis | Review of Implementation of Agenda 21 and The Rio Principles PAGE 10 A critical dimension of the sustainable development as in the case of waste disposal supply chains. In concept is that of public participation in the decision- practice pollution and waste continue to pervade making as well as implementation process. This our lifestyles, reflecting the less than successful has been successfully adopted as practice in the implementation of the principle. various international framework regimes (CBD, UNFCCC) and as noted above, the concept has Principles 3 and 21 focus on the concept of been successfully enshrined in instruments such as intergenerational equity. Justice for future Aarhus and others. However, the lack of ability for generations has been a key element of sustainable many groups and stakeholders to participate in the development since the Brundtland report. There process at national and local level remains an issue. has been a range of initiatives to bring the principle into the processes of decision-making at both the Additionally access to justice remains a barrier for national and international levels. However on the many who seek legal redress for environmental whole the principle has not been reflected at the damages or concerns. Notably, a claim was institutional level and has not had the governmental brought to the Aarhus compliance committee support that reflects the civil society and wider against the UK, arguing that the costs of bringing stakeholder appetite to bring the concept to the an environmental case in the UK was ‘prohibitively’ heart of sustainable development governance. expensive, undermining one of the cornerstones of the Aarhus Convention. The compliance Principle 8 – sustainable production and committee found in their favour, declaring the UK consumption and the promotion of appropriate non-compliant to Aarhus, and time will now tell demographic policies – is deemed to have been how the UK responds to such a declaration and unsuccessful in achieving its intended goal. whether this ‘gap’ will be filled. Unsustainable consumption patterns have continued to rise, at a steady pace in industrialised The precautionary principle, whilst successfully countries. The BRIC countries (Brazil, Russia, implemented in a range of instruments and tested in India and China) are seeing blooming consumer case-law, remains mired by ideological divergence, classes that aspire to high per capita consumption which is undermining the achievement of the levels and other developing countries will follow overall objective of eliminating those actions that suit in time. Population projections are estimating have the potential to cause serious and irreversible a 30% rise in population by 2050. These trends harm. Prominent examples where this tension are compounding each other and increasing the is not resolved include the discussions under unsustainable impacts of human activities beyond UNFCCC. The debate around Genetically Modified the ability of ecosystems to recover. Organisms (GMO) also suffers from divergences in ideology relating to the potential harm that could Other specific difficulties identified in the review be caused, but which are as yet unknown. include:

Whilst the polluter pays principle (Principle 16) has • The tension between national sovereignty on been transposed into a range of legal instruments resources, a fundamental tenet of Principle 2, and in a number of jurisdictions and contexts, there the issues associated with management of the remain ideological differences to its practical commons that relates to trans-boundary pollution, application which have undermined the successful climate change and biodiversity is starkly borne implementation of the principle on the whole. out as international multilateral regimes fail to Such ideological differences in some areas have adequately implement an approach to overcoming led to the development of parallel systems that this contradiction; and are not based on the polluter pays principle, such

PAGE 11 Review of Implementation of Agenda 21 and The Rio Principles | Synthesis • A potential contradiction in the set of Principles between Principle 12 (growth and free trade as the model) and Principle 8 (addressing unsustainable consumption patterns). Over the last two decades it has become increasingly apparent that where and when trade and a need for rethinking of consumption patterns come up against one another, trade wins. This results in an undermining of the practice of sustainable development. Overall, Principle 8 remains largely unaddressed. Instead a “business-as-usual, growth at all costs” paradigm has continued to dominate.

Conclusions

The Rio Principles are the heir to the Stockholm principles agreed in 1972, and both have a primary focus on environment and development. The construction of a whole set of principles clearly intended to find a common ground between developed and developing countries. However, this framework left largely open interpretations about was how to achieve sustainable development in practice. In particular, the lack of guidelines to accompany the Principles resulted in little cohesion for the implementation of the majority of the principles, and ultimately many principles remain aspirational soft law instruments that countries do or do not transpose into national legislation.

Overall, the social equity dimension is not prominent in the Rio principles. A decade after Rio, the World Summit for Sustainable Development in Johannesburg brought the social dimension the fore, but did not re-open the discussion on the Rio Principles. As such, one of the three pillars of sustainable development remains relatively absent from the highest-level sustainable development document (the Rio Declaration) that have been developed and agreed these past two decades.

 Synthesis | Review of Implementation of Agenda 21 and The Rio Principles PAGE 12 Agenda 21 had an implicit framework for action What happened to relying on nation states acting on their own for delivery, with some top-level international the Rio deal? coordination. Agenda 21 was costed out at $625 billion USD a year as developed countries sought The Original Rio Deal to address their own unsustainable development patterns. It also had meant to create a doubling of Rio recognised the need to redirect international Official Development Aid (ODA) to $125 billion USD and national plans and policies to ensure a year after Rio. that all economic decisions took into account environmental impacts. What happened?

The deal arising from Rio took a three-pronged Despite this well-meaning deal, reality has fallen approach: considerable short of ambition. Significantly developed countries did not curb their consumption 1. Developed countries would take the lead in patterns and failed to find sustainable development changing production and consumption patterns path built on sustainable production methods. As a (their economic model); result, pressure on the global environment continued to rise since 1992. Specifically, despite continued 2. Developing countries would maintain their intergovernmental process (e.g. climate change development goals but take on sustainable talks and further Earth Summits) little progress development methods and paths; has been made toward implementation of the deal. Most recently an international agreement on climate 3. Developed countries committed to support change has all but stalled. developing countries through finance, technology transfer and appropriate reforms to the global Funding arrangements and transfers of technology economic and financial structures or practices. from developed to developing nations around the Agenda 21 outcomes have been not delivered Issues requiring an integration of economic as promised. No “additional resources” were and environmental concerns (such as climate, provided to facilitate the transition. In fact, Official the interaction of trade and environment, and Development Aid (ODA) fell from $62.4 billion in the relation between intellectual property 1992 to $48.7 billion in 1997. It was not until 2002 rights and environmental technology and that it again topped the $60 billion mark. This indigenous knowledge) were to be resolved “lost decade” was marked by regression of key through international cooperation, in which the development statistics with many of the world’s development needs of developing nations would poorest countries suffering from worsening poverty. be adequately recognised. However, aid flows from donor countries totaled $129 billion in 2010, the highest level ever.5 At the At the end of Rio there was a perceived agreement Monterrey Financing for Development Conference that funding, capacity building and technology in 2002, world leaders pledged “to make concrete transfer would be forthcoming once developed efforts towards the target of 0.7%” of their national countries moved out of recession. What was seen income in international aid. However, as of 2003, as the ‘peace dividend’ from the fall of the Soviet Union only five countries had already met or surpassed the was where funding would come from. 0.7% target: Denmark, Luxembourg, Netherlands, Norway and Sweden. In 2005, total aid from the 22

PAGE 13 Review of Implementation of Agenda 21 and The Rio Principles | Synthesis richest countries to the world’s developing countries The MDGs were adopted as “the” reference was just $106 billion—a shortfall of $119 billion framework by the development community leading dollars from the 0.7% promise.6 In practice, ODA to the aim of alleviating poverty without properly is often unpredictable, poorly targeted and does addressing underlying causes. For example, not make it to where it is needed. It is estimated the MDGs were focused solely on developing that about “only about 24% of bilateral aid actually countries and did not address consumption issues finances investments on the ground”.7 of developed countries, which were a central tenet of the Rio package. Also, after the Earth Summit Disputes continue on how to implement Agenda 21. and increasingly in the 2000s, resources started For example, the Group of 77 developing countries to flow to climate change-related issues, further still favour the implementation of the financial marginalizing sustainability as the integrated agreement in Rio and this would include a separate, concept needed to resolved interconnected issues. specific global fund, as well as commitments that financing will not be obtained through reallocation of During the 2000s, a divergence of outcomes existing development assistance. Developed nations developed among developing countries. Some favor financing it through bilateral, regional and countries registered rapid and sustained economic multilateral mechanisms and more and more through successes, whereas many others saw at best limited foreign direct investment -- a path promoted in the progress. Despite still officially speaking with a 1990s after Rio and which has been shown to mostly unified voice, there was recognition of the divergent benefit a small number of countries and other funding interests and needs between countries. How this sources, both public and private (e.g. remittances and divergence will affect the approach to development future global private equity fund schemes). in the discourse and in practice is still unclear, but is certainly one of the questions that will loom large At the same time, there came a realisation that the on the development agenda for the next decades. implicit basis for the compromise, which was that globalization in the form of economic growth plus free The last Principle included in the Rio Declaration, trade could lift all boats, was not delivering automatic Principle 27, called for ways of working for dividends and was in fact further marginalizing some sustainable development based on ‘good faith’ and developing regions. Developing nations felt that they ‘a spirit of partnership’. were short-changed on trade issues. Due to the lack of change delivered by the historical development Since 1992, progress has been made on model, the major developing countries are following environmental, social and economic fronts, and the developed countries model of development and many developing countries have increasingly been the pressure on the planet is increasing. able to improve their own chances for prosperity and sustainable development. However, the In 2000 the Millennium Development Goals (MDGs) general pace of progress, and the deficiencies and were established following the Millennium Summit. stalls seen in many crucial multilateral processes, The aim of the MDGs was to encourage development by question the notion that action has truly been improving social and economic conditions in the world’s guided by good faith and a spirit of partnership. poorest countries. However, in the last decade, the MDGs have taken the focus off of the larger sustainable Challenges and examples noted throughout this development agenda and focused the attention of the report show that huge strides have yet to be taken, international community on a narrower set of goals – and in the prevailing economic crisis of the time which did not address any of the fundamental drivers, any ‘good faith’ is likely to be further tested. Weak, even more so than Agenda 21. non-committal outcomes from major opportunities for partnership working such as Copenhagen,

 Synthesis | Review of Implementation of Agenda 21 and The Rio Principles PAGE 14 with its backdrop of slow progress against Kyoto On the other hand, one way of seeing the Rio commitments, climate scepticism and MEA fatigue; principles is as a “business as usual plus (BAU+)” backwards trends on some of the MDGs; a prevailing arrangement. The fundamental assumptions of post- aversion of governments to actively engage in war neo-liberal economics (i.e. economic growth changing unsustainable consumption patterns in coupled with free trade) were left unchallenged. favour of the pursuit of economic growth; and the Instead, they were adorned with “safeguards” that long drawn-out Doha Rounds of the WTO, are all satisfied both North and South. This has resulted striking examples where good faith and partnership in “environmental safeguards” which ensured working seem to have been eschewed for individual that discreet environmental issues of concern goals and interests. for the North were managed, and “development safeguards” which ensured economic development of the South could continue unimpeded. Acknowledging Implicit was a hope that a BAU+ model was able Contradictions to deliver sustainable consumption and production patterns and longer-term decision-making, and The international developments on sustainable that these were compatible in practice through development have given rise to a contradiction. On decoupling of resource use from consumption. the one hand, the Brundtland Commission put on However, there was quickly no doubt left about the fore two critical dimensions in its report and which of the two would prevail when conflict arose or definition on sustainable development: 1) caring absolute decoupling proved to be difficult to achieve. about future generations (translated in Rio Principle Business as usual has prevailed and unsustainable 3) and 2) addressing unsustainable consumption patterns of consumption and production persist. patterns of the rich (translated in Rio Principle This in turn means that global commons (e.g. 8). Principles 15 and 16 of the Rio Declaration forests, atmosphere, biodiversity, oceans) are (the so-called “polluter pays” and precautionary still managed unsustainably, and worse are being principles) provided general guidance for a prudent degraded beyond their ability to recover unless management of resources and sinks. pressure is lessened.

PAGE 15 Review of Implementation of Agenda 21 and The Rio Principles | Synthesis It has now become clear that humanity’s potential impacts, and better incorporating risk in environmental impact is increasing, and in the decision-making procedures. This spans a number future rising population and increased affluence, of areas, including chemicals, agriculture, nano- will compound this impact. Historically, reductions technologies, to investment decision tools and of impacts (e.g. CO2 emissions) through improved climate change; technology have been insufficient to counterbalance increases linked with those factors, as per the IPAT • Polluter pays versus global markets – ensuring equation (i.e. human impact (I) on the environment that the polluter should bear the cost of pollution, equals the product of P = population, A = affluence, with due regard to the public interest and without T= technology).8 Thus, based on historical evidence, distorting international trade and investment (Rio it is unlikely that action on technology alone can Principle 16). keep environmental damage in check in the future. Based on the detailed assessment of Rio Principles In order to progress, an acknowledgement of other and Agenda 21 chapters, it seems clear that the tensions between different principles included in “market’ outcomes have to be more regulated the Rio declaration will probably have to occur. based on principles that put values first (e.g. These include: the fundamental principles enunciated in the Millennium Declaration: freedom, equality, • Sovereignty versus global goods – ensuring that solidarity, tolerance, respect of nature and shared the sovereign right to exploit resources (Rio Principle responsibility). Currently there is a lack of linkage 2) is balanced against the global partnership to between commonly agreed values and principle conserve, protect and restore the health and integrity and market practices. This has clear links to the of the Earth’s ecosystem (Rio Principle 7); underdeveloped social dimension within the Rio Principles. Further development of such values • Precaution versus free trade markets – could help shift behaviours, drive practices and resolving the tensions between the precautionary ultimately achieve sustainable outcomes. approach (Rio Principle 15) and unfettered use and diffusion of new technologies with unknown

 Synthesis | Review of Implementation of Agenda 21 and The Rio Principles PAGE 16 Aarhus Convention in other parts of the world, Areas for Action or even more widespread adoption of the Aarhus Convention. More broadly, increased integration This report, based on the detailed reviews of between local authorities, national authorities, and Agenda 21 and the Rio Principles, has outlined other stakeholders in their communities is needed. areas that would need to be addressed in order to enable more rapid progress towards the objectives 1.3. Giving a voice to Future Generations – The set in Rio 20 years ago. As discussed in previous needs of future generations are a crucial element of sections, they relate to international economic sustainable development, but are not represented governance; trade; international cooperation; in the relevant decision-making processes. A way the role of corporations in the achievement of to remedy this situation and ensure that long- sustainable development; participation and access term interests are heeded would be to create to justice; and the incorporation of long-term High Commissioners/Ombudspersons for Future considerations in decision-making. The list below, Generations at UN and national levels. based on the submission from Stakeholder Forum to the Rio conference, offers some proposals for 2. Sustainable Management of the Earth action in these areas. This list should not be taken as being all-encompassing, or even as suggesting 2.1. Acknowledge Environmental Limits – that these actions are the only ones that should There is an urgent need to formally recognise key get consideration. In each of these areas, there environmental limits and processes within which are probably many ways to proceed, in particular we must remain, and the thresholds that we must according to the level of ambition that can be respect in order to maintain the sustainability of mobilized around the achievement of sustainable our planet. development. 2.2. Sustainable Management of Natural Resources and Capitals – All levels of government 1. Progressing and Protecting Human should ensure that national accounts reflect the Development state of natural assets and ecosystems and their role in sustaining human and economic activity; 1.1. A Rights-Based Approach – There is a need thereby promoting focused investment toward to propose an explicit global social contract, instead their conservation and enhancement to avoid of dealing with social issues as a “safeguard” type environmental crises. of concern. A true rights-based approach to dealing with welfare, well-being and environmental issues 3. The Green Economy is essential to sustainable development. Such an approach would put people at the heart of 3.1. Beyond GDP – The current reliance on development that is also sustainable. economic growth and GDP as an indicator of success has led to perverse outcomes. It has 1.2. Increasing participation – Access to not delivered fair levels of well-being for society or environmental information, participation in individuals. One view is that GDP is an inadequate transparent decision-making processes, and access metric through which to gauge well-being over to judicial and administrative proceedings should time. be basic rights for all, at all levels of decision- making, including local, national and international 3.2. Fiscal Reform – Taxes should be used to processes. Worldwide implementation of Principle incentivise positive behaviours and discourage 10 of the 1992 Rio Declaration is a priority. This harmful ones. Furthermore, a global Financial could take the form of regional replications of the Transaction Tax (FTT) should be implemented with

PAGE 17 Review of Implementation of Agenda 21 and The Rio Principles | Synthesis revenue ring-fenced for implementing sustainability 4.2. Improving International Co-operation programmes. Lastly, all subsidies that undermine and Development Aid – As outlined in review sustainable development should be eliminated, of Agenda 21 Chapter 33, future agreements particularly those underpinning fossil fuel use and concerning sustainable development financing unsustainable agricultural and fishing practices. should be centred around measureable and time- bound targets, as one of the biggest challenges in 3.3. Re-start a Meaningful conversation about implementing future targets has been and will be the role of corporations in the achievement ensuring the finance committed is truly delivered of sustainable development – This could take to developing countries. Improving the quality of the form of a Convention on Corporate Social aid and ensuring it is delivered on the ground is as Responsibility. As a first step, corporations important as increasing the amount of aid. should report on their environmental impacts and contribution to well-being, or explain why they 4.3. Reform of International Financial are not doing so. Furthermore, government could Institutions – As discussed in Agenda 21 Chapters commit to develop national regulations which 33 and 38, there must be better incorporation mandate the integration of sustainability issues of sustainable development parameters in the in the Annual Report and Accounts, and therefore existing International Financial Institutions (IFIs), providing effective mechanisms for investors to particularly in terms of funding, operations, strategic hold companies to account on the quality of their plans, objectives and implementation. Additionally, disclosures. governments should seek to strengthen the efficiency of the Global Environment Facility (GEF). 4. Sustainable Institutions and Governance 4.4. National, Local and Regional Governance – National and local Sustainable Development 4.1. Sustainable Development Goals – The Strategies should be revived and refreshed with introduction of Sustainable Development Goals full engagement and support from business and (SDGs) is a possible foundation for building further all parts of civil society. These strategies should international political commitment, providing be underpinned with route maps outlying national measurable ‘tangible goals’ for sustainable actions towards a green and fair economy. development. The SDGs would address the Agenda Advisory bodies such as Councils for Sustainable 21 aims produced at Rio 20 years ago. The SDGs Development need to be adequately resourced to would be applicable to all countries, and therefore play their full part in bringing forward new thinking act as a complementary, successor framework to and maintaining pressure for progress. the Millennium Development Goals (MDGs), which 4.5. International Court for the end in 2015 and focuses mainly on the Global South. Environment – Environmental problems extend Furthermore, SDGs would also more evenly spread across international boundaries, but there are the focus from only the poverty reduction pillar of few effective international institutions to deal the MDGs to better account for the environmental with them properly. Strengthening international and social pillars of sustainable development. environmental law mechanisms is essential to For example, by providing measurements against securing sustainable development. This could metrics of planetary boundaries, and a strong take the form of an International Court for the focus on consumption patterns in the Global Environment, which would build trust, harmonise North. However, the SDGs should not detract from and complement existing legal regimes and provide the urgent need for a post-2015 framework that clarity and access to justice as well as redress. focuses on poverty or from funding for that agenda.

 Synthesis | Review of Implementation of Agenda 21 and The Rio Principles PAGE 18 Endnotes

1 http://www.un.org/esa/dsd/dsd_sd21st/21_index.shtml.

2 Agenda 21 recognizes nine major groups of civil society, and stipulates the need for new forms of participation at all levels to enable a broad-based engagement of all economic and social sectors in making sustainable development happen. The Major Groups are: Business and Industry, Children and Youth, Farmers, Indigenous Peoples, Local Authorities, NGOs, Scientific and Technological Community, Women and Workers and Trade Unions.

3 Jackson, T. (2009) Prosperity without growth: economics for a finite planet. 1st edition. Earthscan. London

4 Friends of the Earth (2009) Overcomsumption? Our use of the world’s natural resources. Accessed at: www.foe.co.uk/resource/reports/overconsumption.pdf

5 All ODA figures are from the OECD statistics website - http://stats.oecd.org/qwids/

6 Sachs, Jeffrey. The End of Poverty - http://www.earth.columbia.edu/pages/endofpoverty/oda

7 Sachs, Jeffrey. The End of Poverty - http://www.earth.columbia.edu/pages/endofpoverty/oda

8 Jackson, T. (2009) Prosperity without growth: economics for a finite planet. 1st edition. Earthscan. London

PAGE 19 Review of Implementation of Agenda 21 and The Rio Principles | Synthesis

The Rio summit also marked the “critical point which brought“ many stakeholders into a relationship with the UN at the global level. in page 6 of this report.

Annex Scorecard Table 2 –Agenda 21 | Table 3 - Rio Principles TABLE 2 Table 2 –Agenda 21 Scorecard

Note: The summary assessments given for each of the chapters are those of individual experts. They do not pretend to represent an unbiased and objective evaluation of all the aspects of specific chapters of Agenda 21. For more comprehensive reviews, the reader should consult the detailed review of Agenda 21, which is a companion to this report.

Chapter Rationale Rating Rationale Rating

2. International The efforts made by developing While developing countries have Cooperation to countries in terms of trade made efforts to liberalise trade accelerate sustainable liberalisation have not been rules and open their borders to development in matched by efforts from developed trade from around the world, developing countries countries in terms of agricultural developed countries have not and related domestic subsidies reductions. As such, the responded in kind. Subsidies for policies Doha Development Round has been agricultural production in developed in a stalemate for a long time. The countries continue to limit the amount of subsidies has reduced competiveness of developing over the last two decades but countries’ exports, undermining the organised schemes such as supposed benefits of liberalisation. Aid-for-Trade are static. ODA is not Moreover, developing countries are enough nor as much as promised, falling behind in their aid and the aid system has inherent commitments, coming nowhere problems leading to corruption and near the 0.7% of GDP promised. lack of devolution. A good number of countries have had debt relief but this is not enough both in number of countries and amount of relief.

3. Combating Poverty Significant progress was being made While progress has been made and towards the MDG 1 of reducing the the number of people living in number of people living on less than extreme povety has decreased, US$1.25 per day but this has been other measures of poverty (e.g. seriously hindered by the financial inequality, access to food, sanitation crisis and as such the target is and water) show that limited or unlikely to be met. MDG 2 on even poor progress has been made. increasing levels of education will not be met either with only a slow increase in the number of children in school (including an increase in the number of girls). Child mortality has fallen but not as fast as expected, and women are still overrepresented in the informal employment sector. The poverty gap has reduced overall but there are now more suffering Annex from chronic hunger. This is also Scorecard affected by the lack of ODA. Table 2 –Agenda 21 | Table 3 - Rio Principles

 Synthesis | Review of Implementation of Agenda 21 and The Rio Principles PAGE 22 Chapter Rationale Rating Rationale Rating

4. Changing Unsustainable consumption patterns Despite a number of initiatives and Consumption Patterns have continued to rise, at a steady increasing levels of awareness and pace in industrialised countries but discussion surrounding SCP, the remain at an unsustainably high per world has seen extremely little, if capita plateau with very little any progress, in regard to reaching evidence of reducing or any the objectives outlined in Chapter 4. concerted efforts globally to address Since UNCED the world has seen a this problem. BRIC countries are steady growth in consumption and seeing blooming consumer classes consumption patterns remain very that aspire to high per capita high in certain parts of the world – consumption levels and other with dramatic increases in the developing countries will follow suit consumer population of India and in time. China. Yet, the basic consumer needs of an even larger section of humanity are not being met. Whilst production systems have become more efficient, the patterns of consumption appear to have become more unsustainable, supported and exacerbated by the globalisation of production and subsidies, and with very little in terms of national policies and strategies to encourage changes in unsustainable consumption patterns (a target outlined in the Chapter), globally, consumption has spiraled dramatically out of control. The Ecological Footprint of the global population has increased by over a third since the production of Agenda 21.

5. Demographic There has been slow, but some The global focus on demographic Dynamics and positive progress with family dynamics has actually declined Sustainability planning and the use of somewhat due to it becoming contraception, but in key population apparent that it is actually growth areas, contraception levels consumption rates which pose a remain low. However global fertility greater threat to sustainable levels are decreasing, which is development. Largely through the helping the low contraception levels. work of intergovernmental There have been some successes in institutions, there have been reducing infant mortality due to MDG important steps forward in motivation, but the target is far from developing and disseminating reach in the majority of regions. knowledge and data on the links between demographics and sustainability. Yet large gaps still exist in our understanding of the relationship between these factors and the broader global environmental system. The creations of specific MDGs attempting to combat certain population-related development issues have had a positive impact in many developing countries and communities. Nonetheless, most nations remain significantly off course from achieving these targets by 2015. In general, therefore, it would appear that the formulation and implementation of integrated population-sustainable development policies remains absent at both the national and local levels.

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6. Protecting and While progress has been made in Progress has been made in some Promoting Human reducing child and maternal areas (infant mortality and Health Conditions mortality, it has not been enough; 1 in communicable diseases), other 4 children are still underweight and areas still suffer from lack of family planning funding has progress (environmental causes) decreased. HIV/AIDS treatments and health issues are still are providing significant benefits but widespread and endemic. the number of new infections is outstripping the supply of treatment. Malaria has garnered increased attention but the impacts of this have not yet been felt and the area is still rife with inequalities between rich and poor. Diarrhoeal diseases are proving to be the biggest challenge with a lack of attention given to sanitation and water provision. The sanitation MDG is lagging the farthest behind. To meet the health MDGs there needs to be another US$20 billion injected. Environmental health hazards such as indoor cooking systems are being ignored but are having serious impacts on health of the poor, especially in urban areas.

7. Promoting While there are a few examples of While there are some good examples sustainable human urban projects the overall situation is of progressive urban policy, the settlement one of continuing socio-economic socio-economic inequalities and development inequality. The Right to Adequate negative environmental issues within Housing became a Human Right in many urban areas remain widespread 2006 and the proportion of the in both developing and developed population living in slums has countries. Slum populations are rising decreased, but in absolute numbers and conditions in slums continue to there are now many more people worsen. living in slums than previously. A lack of housing and the out pricing of the majority of the population from accessing adequate housing is a problem in both developing and developed countries. One major reason for the lack of settlement initiatives is the lack of funding going into this area. Furthermore, adequate water and sanitation provisions are a major part of suitable human settlements yet they are the areas most lacking in progress. The main problem is that there has not been the required modernisation within settlement planning that is needed to deal with the increased urbanisation and population growth. Most benefits at the moment are being accrued by the richer members of society.

 Synthesis | Review of Implementation of Agenda 21 and The Rio Principles PAGE 24 Chapter Rationale Rating Rationale Rating

8. Integrating Whilst most countries have created There has been some environment and institutions and laws specifically implementation and integrations of development into aiming to mainstream environment National Sustainable Development decision-making and development in decision making Strategies but far from complete processes, their influence and impact coverage. UN Agencies have done at the policy, planning and some work in advancing this agenda management levels remains limited (e.g. IAP and PEI). While progress in the majority of countries. has been made using EIAs in Numerous market-based instruments Europe, this practice is limited and other incentives have emerged to elsewhere. promote the integration of environmental considerations into business practices. These have had a notable impact in some cases, however on the whole their scope and impact remains limited, with ‘business as usual’ prevailing in most regions, countries and communities. Despite advances in technology and the development of global mechanisms to support their implementation, most countries - especially in the developing world – do not possess fully functioning systems of Integrated Environment and Economic Accounting systems.

9. Protection of the Progress in limiting the emission of While some progress has been made Atmosphere greenhouse gases into the in this area (e.g. ozone depletion), atmosphere has been non-existent, GHG emissions and other with annual CO2 emissions growing atmospheric pollutants remain a year on year, and even the rate of huge problem and growing. growth increasing. Efforts to achieve Anthropogenic climate change is one international agreements on curbing of the biggest challenges to emissions have repeatedly met with sustainability failure, with little to suggest concrete measures will be taken in the future. Separately, while emissions of ozone and particulate matter have decreased or stayed the same in developed regions, the pictures is far less promising in developing countries with huge rises in emissions observed.

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10. Integrated There have been minor success in UN's FAO has lead various initiatives approach to the implementing the objectives outlined to promote sustainable land use planning and in Chapter 10 – the limited (due to (e.g. promotion and development of management of land lack of investment in human and planning, management and resources fiscal resources) implementation of evaluation systems for land and suitable land use and land land resources, the development of management policies, strategies and land evaluation frameworks; land action plans; the increase in use databases). However, progress international and regional initiatives of further and more widespread and institutions; the quality and implementation of such strategies quantity of land use information is remains improving through such technologies, which are being utilised alongside socioeconomic data to inform a comprehensive collection on land-use. Yet, the pace of implementation of Chapter 10 remains uneven and inefficient with large unnecessary overlapping and conflicts in efforts at various government levels, the extremely alarming incidence of tenure insecurity and the scale of ‘land grabs’, ineffective and weak dissemination of technologies and data provision (particularly at the national levels). Such issues are all compounded by the high levels of corruption among elites and by the increases in human population which will decrease the average availability of land per person globally.

11. Combating Overall rates of deforestation have While, the last two decades have Deforestation decreased thanks largely to seen a significant increase in efforts widespread to conserve biodiversity through afforestation/reforestation forest initiatives, the FAO stresses programmes, however the that the current rate of deforestation destruction of primary forest is still ‘alarmingly high’ In the last remains alarmingly high in across all two decades the overall rate of regions. Progress in sustaining the deforestation has shown signs of multiple roles and functions of decreasing. However, this is not due forests has therefore been limited. to decreased wood removal, but This can be attributed to the failure rather improved afforestation rates. of many countries to effectively combat the drivers of deforestation – especially agriculture. Numerous institutions and initiatives have been created at the global, regional and national levels to improve the observation and systematic assessment of the full value of forests. Nonetheless, the impact of these advances and initiatives continue to be frequently undermined by the poor governance and weak institutions present in the developing countries which house the Earth’s largest forest resources.

 Synthesis | Review of Implementation of Agenda 21 and The Rio Principles PAGE 26 Chapter Rationale Rating Rationale Rating

12. Managing Fragile Although some progress has been The effectiveness of the United Ecosystems: made to implement the objectives Nations Convention to Combat Combating outlined in Chapter 12, such progress Desertification (UNCCD) has been Desertification and remains inadequate and is limited, due to insufficient Drought increasingly becoming hampered by interaction with the scientific the present and projected impacts of community and a lack of climate change, increasing global harmonisation with the Conventions human population and increasing on Biodiversity and Climate Change. levels of consumption. Major Moreover, while the Global Earth obstructions to implementation Observation System of Systems remain the lack of practical and (GEOSS) might have strengthened effective information and monitoring information and monitoring at the systems (particularly in relation to global level, efforts at the regional the socio-economic impacts of and national levels have been less desertification and drought) and successful, with Africa in particular institutional inadequacies – lacking the scientific capacity to particularly those of the UNCCD, adequately assess desertification. which remains disjointed and Most worryingly, there is deep disconnected from two additional UN concern over the capacity of conventions (UNCCC, UNCBD). developing countries to cope with drought induced by climate change.

13. Managing Fragile WDespite successes – for example, The effort to strengthen the Ecosystems: with the Mountain Agenda receiving sustainable development of Sustainable Mountain increasing recognition and action mountains has been significantly Development across levels, a reasonable undermined by sector-based programme of work on mountain institutional structures which fail to biological diversity, successful account for cross-cutting issues and implementation of various PES are insufficiently harmonised. Efforts schemes (although not widespread) to improve data collection and – Chapter 13 has failed to address a monitoring are similarly lacking, number of critical issues effectively severely limiting the overall (e.g. fresh water, biodiversity, cultural effectiveness of sustainable diversity and heritage, infrastructure mountain development initiatives. development for mountain The lack of comprehensive national communities). There remains a mountain development strategies is a significant dearth of comprehensive further aggravating factor. policies and laws, across all levels, to specifically protect mountain areas and communities, with mountain populations continuing to be marginalised within sustainable development policies. There remains a considerable gap in terms of scientific knowledge and mountain-specific data to provide a higher level of understanding of mountain regions. Such specific scientific knowledge and data are critical when considering the impacts of global climate change. Finally, the promotion of alternative livelihoods has been meagre and has seen very little successful activity.

PAGE 27 Review of Implementation of Agenda 21 and The Rio Principles | Synthesis Chapter Rationale Rating Rationale Rating

14. Promoting Whilst we are still yet to see the ‘major Agricultural productivity has seen Sustainable adjustments’ called for by Chapter 14, huge gains across the world, but Agriculture and Rural a small level of progress has been the situation in Sub-Saharan Africa Development made towards objectives outlined in continues to be bleak, with no the Chapter and the recent renewed increases in labour productivity. international focus on agriculture as a Moreover, while public investment mechanism for sustainable rural in agriculture in Asia has risen, development is encouraging. Yet, with African governments have failed to increasing levels of competition for live up to the commitments of the land and other natural resources, Maputo Declaration. Growing higher energy prices, volatile food populations and resource scarcity prices and new market demands (e.g. look likely to hit the poorest biofuels), combined with the lack of countries hardest, while the ability investment seen in agriculture over the of agricultural systems in last two decades, weak technology developing countries to cope with transfer, institutional incoherencies the impact of climate change is also and weaknesses across all levels, poor in question. infrastructure and lack of access to markets, much still remains to be achieved. Particularly so in light of the impacts of climate change, which are predicted to increase food insecurity and hamper rural development, especially within sub-Saharan Africa.

15. Conservation of Efforts have been made at all levels to Since the Rio Summit, biodiversity Biological Diversity protect and preserve biodiversity: 170 has continued to decline, and countries have national biodiversity prospects for the future are bleak, action plans, public awareness with extinction likely for many campaigns and scientific research and species. None of the objectives of the monitoring efforts have increased, and Convention on Biological Diversity the number of protected areas globally were met globally by 2010, with has risen. But despite these efforts, in either no progress at all or regression the 20 years since the Rio Summit, in certain areas, such as biological diversity has continued to unsustainable consumption of decline and prognosis for biodiversity is biological resources and protection of grim with high levels of extinction traditional knowledge. Moreover, expected to occur over the next overall levels of funding remain hundred years. The underlying drivers inadequate to efforts to achieve the of biodiversity loss, unsustainable use of necessary levels of biological biological resources, pollution, habitat conservation. destruction, invasive species, and climate change, continue to increase.

16. Environmentally The biotechnology industry has seen Attempts to create enabling Sound Management of huge growth over the past 20 years, yet mechanisms for the development and Biotechnology the benefits for development, the environmentally sound application particularly in poorer countries as of biotechnology have been largely highlighted in Agenda 21, haven’t been piecemeal, with many examples of realised. There is still a huge amount of regional and international legislation controversy surrounding many biotech but little in the way of a comprehensive, applications e.g. GM crops and stem unifying framework. While cell research, and there are countless biotechnology is growing in importance, regulations related to different biotech its application in the developing world applications, which has led to has been limited, with activity largely incoherent and conflicting national and confined to industrialised countries. regional policies, further dividing There is also a profound lack of opinion. Progress in international consensus over the potential benefits cooperation has also been slow, partly and risks involved in biotechnology, because of private sector dominance, considerably undermining public and but also these conflicting regulations political confidence. and controversy.

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17. Protection of the In the 20 years since Rio, the state Significant progress at the global oceans, all kinds of of world’s oceans and coastal areas and regional level with seas, including has continued to decline. Coastal development of governance and enclosed and areas are being heavily degraded commitments to ICZM. However, as semi-enclosed seas, with about 400 now intermittently seen in many other areas, national and coastal areas and or always oxygen depleted, and local implementation is slow or the protection, rational including over 200 dead zones. Fifty non-existent in many cases. The use and development percent of global fish stocks are result is that marine ecosystem of their living fully exploited with 40% of total fish health continues to decline rapidly resources catch done unsustainably. with most fisheries either in decline Management of High Seas fisheries or over-exploited. There are some is only in its infancy and Small success stories. The EU Marine Island Developing States are still Strategy Framework Directive has suffering from loss of biodiversity, paved the way for marine spatial habitat loss, coastal degradation, planning, and many countries sea level rise and extreme weather advancing on this. However we events. Progress has been made in remain a long way from any targets substituting integrated coastal zone and a long way from reversing the management (ICZM) and damage that is ongoing. ecosystem based approaches for sectoral approaches, however, implementation has been difficult.

18. Protection of the Global implementation of IWRM is Implementation of integrated water quality and supply of less than 30% and in most cases is resource plans remains low (less freshwater resources: significantly lower if not completely than 30%), but this is an application of non-existent. Some advances in the improvement from 1990. However, it integrated approaches developed countries with the is estimated that at least 1.1 billion to the development, implementation of the Water people still lacked access to safe management and use Framework Directive in the EU drinking water and about 2.7 billion of water resources paving the way for an were without adequate sanitation. ecosystem-based approach to resource management. MDG 7 has given impetus to providing improved drinking water supplies and in some cases is on target; however sanitation provision is nowhere near meeting the target. Climate change pressures are only going to exacerbate already slow progress in IWRM and provision of clean water and adequate sanitation.

19. Environmentally Good progress has been made in Globally numerous international sound management of most of the programme areas institutions and initiatives have been toxic chemicals, outlined in agenda 21. The created to deal with the including prevention of Stockholm and Rotterdam management and regulation of illegal international Conventions, as well as the chemicals. Successes include ozone traffic in toxic and Strategic Approach to International depleting substances, mercury and dangerous products Chemicals Management (SAICM) DDT. Labelling of chemicals has and the EU REACH legislation are also seen significant progress. helping to improve chemicals However, globally the growth of the management. Some issues, such as chemicals industry is enormous, illegal trafficking in chemicals with production and consumption in remain a serious problem, and many developing countries increasing. countries, particularly developing There is a link between poverty and countries have a long way to go to increased exposure to toxic improve their national frameworks chemicals. Despite progress, the for managing chemicals. Overall consensus is that they are progress is encouraging though. insufficient to achieve the goals set out in Agenda 21.

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20. Environmentally Although some regions have made Economic growth, industrialisation Sound Management of significant progress notably the EU, and urbanisation have led to rapid Hazardous Wastes, which has introduced much more increases in volumes of hazardous Including Prevention stringent laws related to hazardous waste, with electrical and electronic of Illegal waste (WEEE directive, revised waste increasingly giving cause for International Traffic in Waste Framework directive etc.), concern. Efforts by the EU to deal Hazardous Wastes globally hazardous waste generation with the volumes of hazardous waste continues to increase, and illegal currently produced are undermined trafficking, dumping and by the inability of developing countries transboundary movements of waste to do likewise, with companies from (particularly WEEE) remain serious industrialised regions often paying issues. The Basel Convention, which poor countries to accept waste. is more or less the only international Trans-boundary waste, including legislation dealing with hazardous illegal trafficking, undermines the waste, has some serious weaknesses capacity of regulators to do anything which need to be addressed. about the problem, with initiative such as the Basel Convention seemingly having little effect.

21. Environmentally Progress was made in developed Significant progress has been made sound management of countries at waste minimisation, in some areas of solid waste solid wastes and however per capita waste levels are management, particularly recycling sewage-related issues completely unsustainable. Annual and final disposal. The majority of waste production globally increasing by this progress has taken place in ~8% and data are too unreliable to know developed countries though, with if progress is really being made or simply developing countries often lacking 'exported' either physically through the resources to cope with increasing dumping waste on other countries or volumes of waste, which is so closely indirectly through outsourcing waste linked to economic development. producing industries while still reaping Minimizing waste continues to be the the benefits. Some success stories exist most challenging aspect of waste though mainly in developed countries, management, but this has in the last with significant increases in recycling few years, become the focus of many rates and innovative new technologies countries national strategies, and for reuse, new regulations to put final positive results are beginning to be disposal burden onto producer aims to seen in developed countries. promote more sustainable ecodesign. However, the key issue of reducing waste production altogether is still not being adequately addressed.

22. Safe and Involvement of multiple social groups With about 95% of all radioactive environmentally sound in governance processes has increased waste worldwide being managed by management of significantly on all spatial levels since Parties to the Joint Convention radioactive wastes 1992. It is widely recognized that broad signed in 1997, it plays a key role in public participation in decision-making ensuring the safe management of is a prerequisite for sustainable waste at the global level. However development, and new forms of there are currently no practices in participation have emerged. The place with which to dispose of Internet and new information and high-level waste and spent nuclear communication technologies have fuel. The general consensus is that revolutionized access to information. deep geological disposal is the best Still there is need for improvement, option for high-level waste, and since not all governments are equally underground facilities are currently in eager to involve their citizens in the planning process. This is meaningful partnerships. Only a few expensive and highly technical, and countries have institutionalized constant some countries lack capacity to participation of Major Groups in national implement such disposal practices. decision-making for sustainable Additionally legacy waste which has development. Closer collaboration is been poorly disposed of remain a needed for transparency, legitimacy, huge environmental and health risk. and accountability.

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23. Major Groups - Involvement of multiple social The quantity of non-state actors preamble groups in governance processes engaged in UN summits and has increased significantly on all processes has grown tremendously spatial levels since 1992. It is since the adoption of Agenda 21. widely recognized that broad public Agenda 21’s establishment of the participation in decision-making is a concept of nine Major Groups has prerequisite for sustainable increased the diversity of actors development, and new forms of involved in many UN processes. participation have emerged. The However, there are still occasions Internet and new information and when Governments are meeting communication technologies have and Major Groups are not included, revolutionized access to and other cases when they are information. Still there is need for allowed token presence in improvement, since not all negotiations but there is a lack of governments are equally eager to meaningful participation. Only a involve their citizens in meaningful few countries have institutionalized partnerships. Only a few countries constant participation of Major have institutionalized constant Groups in national decision-making participation of Major Groups in for sustainable development. national decision-making for sustainable development. Closer collaboration is needed for transparency, legitimacy, and accountability.

24. Major Groups - General awareness and tracking of The women’s major group has been Women gender issues has increased, but very successful in their overall the man is still the norm, and the participation in global processes, overall situation for the world’s and their activities clearly predates women is far from target. Although 1992 and Agenda 21. It seems differences are big across regions, obvious that their successes are women remain the poorest of the related to areas that traditionally poor everywhere. Many women have been labelled –women issues have experienced a decline in their – health, population welfare, but quality of life and a number of Agenda 21 gave women also a governments have turned back clear role in sustainable advances in women’s autonomy. development. Gender Global success stories are mainstreaming is now a household improvements in literacy and word in all activities and there is at education for girls and women, the least on surface little resistance to ratification by most governments of giving women a role. Still this international women’s rights acceptance is often symbolic, and treaties, and the right for women in pertains to some countries more most countries to hold public office. than other.

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25. Major Groups - Young people still face Integrating the work of youth in the Children & Youth disproportionate levels of poverty, UN is problematic as youth is a gender discrimination and health transitional group. As it is still problems, and global youth neither well understood nor unemployment recently hit a high integrated into institutional systems record. On the positive side, the or processes, the group is often paid world has seen growing acceptance lip service to, and its presence often of youth as legitimate actors in becomes symbolic – ‘it is good to be decision-making since UNCED, and seen with youth’. Integrating youth the UN has put in place support into negotiations is improving, in no structures for promoting the role of small part thanks to the recognition youth. The Convention on the Rights by Agenda 21, but progress has of the Child has become almost been difficult, uneven and slow. universally ratified, though Trying to integrate children in the implementation levels vary. Many work of the UN in general and governments recognize the need to negotiations in particular, also invest in the young generation for shows a particular lack of sustainable development and are understanding for how this committed to create improved particular group lives and operates. opportunities in the coming years. To work with children, organisations need to be developed with that in mind and run by people with special knowledge. The UN does not possess this at the moment. Mentoring programmes for youth concerning negotiations, process understanding, etc., have been on the agenda but are still not developed. Consequently there is a long way to go before the children and youth group has a proper position within the UN.

26. Major Groups - Targeted initiatives and international UNCED in Rio in 1992 was clearly a Indigenous Peoples support structures for indigenous breakthrough for Indigenous peoples have been established since Peoples in many aspects, and the UNCED, including the UN Johannesburg Summit marked Declaration on the Rights of another high with the recognition of Indigenous Peoples. the ‘s’ in peoples. It is also obvious Implementation on the national that Rio started a process that gave level has been uneven, and while the indigenous groups an improvements are visible in some opportunity to pursue their policies places, many states do not even for representing their peoples and acknowledge the presence of consequently a recognition of indigenous peoples in their participation in process globally. countries. There is a long way to go Still, their participation is hampered for improving the living conditions of by a general lack of resources, and indigenous peoples, who are still they are far from reaching their marginalized and experiencing more targets. poverty and health problems than the rest of the population across many regions. Traditional knowledge and cultural lands are too often disrespected.

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27. Major Groups - NGOs The status and importance of NGOs Rio plus 20 was a breakthrough for has increased tremendously over civil society and work on the last decades. NGOs play roles as international processes. The moral stakeholders, watchdogs, number of NGOs registered with the mediators, implementers, lobbyists, UN soared after 1992. There has and experts. They have become been considerable success in increasingly professionalized and integrating NGOs in the work of all UN agencies have grown dependent entities of the UN, process as well on NGOs in mutually beneficial as implementation. It would be relationships. Multiple NGO impossible as well as incorrect to networks are spearheading different relate the success in number to the aspects of sustainable development. Rio process alone. On the national level, NGOs have in Quite clearly the NGOs have been some cases become the main driving process and implementation service providers towards at all levels in the work on sustainable development by taking sustainable development, local, over responsibilities that would national, regional and global. Still normally be the task of the process is organic and ever governments. Most governments evolving, thus targets are not are in dialogue with NGOs and fulfilled by any means. encourage their initiatives, while other governments are still suppressing NGOs.

28. Major Groups - Local Agenda 21 has been one of The foundation of ICLEI in New Local Authorities the most extensive follow-up York in 1990, or the 'International programmes to UNCED and is Council for Local Environmental widely cited as an unprecedented Initiatives' as it was first called, success in linking global goals to heralded global interest among local action. Many local authorities local authorities for sustainable around the world have adopted development. Today there are some kind of policy or undertaken several global organizations activities for sustainable consisting of local authorities as development, either as a main members, and these are proof of priority or as a crosscutting issue. interest among local authorities to Progress so far does not mean that work on sustainable development. the work is over, but rather that However the initial high level of there is potential to build further on activity seems to have waned the success. Multi-level governance among local communities. is needed, as well as increased Questioning the position local integration between local authorities hold in UN processes, authorities and multi-stakeholders they do not feel they have found a in their communities. relevant position in these processes. Despite these issues and a few setbacks, a degree of recognition to the success of many local authorities must be given, even if there are too many municipalities not participating.

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29. Major Groups - Most global trends for workers have Being the oldest non governmental Workers & Trade gone in the wrong direction since entity in the UN family and used to Unions UNCED. Income inequalities have being a serious and negotiating grown dramatically in most regions member of the international of the world and are expected to rise community – the tripartite further, and unemployment rates agreement with ILO dates back to are the highest ever reported. Work 1919, the commitment of trade related accidents, injuries and unions to international process work deaths are unacceptably common cannot be attributed to Agenda 21 and have been increasing in and Rio in 1992. Slow in accepting developing countries. Changes in sustainable development as an workforce structures have made issue, often fearing that sustainable new kinds of occupational health development concerns might problems common. Worker’s jeopardize job opportunities, trade conditions are dependent on unions have changed dramatically, national legislation and vary because of Agenda 21 and the between countries. Companies ensuing work of the UN on seldom take measures beyond the sustainable development and minimum required to improve the environment related work. Trade life situation for their workers. Trade unions have shown great innovative unions are often threatened. skills in dealing with especially two of the three pillars of sustainable development, - the social and economic one - but have been struggling to find their proper role in relation to other aspects related to Agenda 21 work.

30. Major Groups - The private sector has potential to The business community always Business & Industry become a positive driver for seems to be referred to as a “must” sustainable development. Positive in talks about future development of initiatives are emerging but are far the world, and more often than not too limited, such as social and because of the amount of money sustainable entrepreneurship, green and finances it represents. The innovations and cooperative business community was a enterprises. Current global trends reluctant participant in Rio in 1992, show that the vast majority of but because of Rio and the ensuing businesses prioritize short-term work on environment, business has economic gains on the expense of become an interested partner in social and environmental conditions. sustainable development projects. Environmental costs have grown It often represents a reactive force, with globalization of markets and and has at times acted in a more industrial production patterns. conservative manner than was Companies continue to violate necessary, still the business human rights, exploit natural community has entered the resources and pollute the sustainable development thinking environment. The business sector with strong force. Despite laudable engages in greenwashing, controls efforts of the local, national and some areas of science, and lobbies global business communities to hard to defeat regulation efforts. engage on the agendas of Rio and Johannesburg, with a few notable exceptions, the business community is still underperforming.

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31. Major Groups - The process of sound scientific Sustainable development has a Science & Technology knowledge production has improved number of times been labelled an as science has become more impossible political concept and an interdisciplinary and equally impossible scientific transdisciplinary. The field of concept. Were the science sustainability science has grown community to be evaluated only in rapidly and multiple research terms of its presence and initiatives advance knowledge about contribution to the CSD process this Agenda 21 issues. Scientific global would indicate little progress. The assessments have become common main problems here are, as in other tools for improving communication instances – that so much of CSD is and cooperation among the politics. And scientists by nature, to scientific and technological keep and preserve their independent community, decision makers and the and objective position and role, shy public. Codes of practice and away from politics. But as guidelines related to science and sustainable development issues technology are under development. have penetrated many other institutions of the UN where scientists are operative, the colour of appreciation changes. UNESCO, UNEP, UNRISD, UN University – there are numerous institutions working with sustainable development related issues where scientists are active. Many global, regional and bilateral environment conventions have a basis in scientific facts backed up by scientific processes. But targets listed in Agenda 21 and also reiterated in the JPOI have not been fulfilled.

32. Major Groups - Food producers in rural Recognizing the importance of food Farmers communities in developing countries and agriculture, FAO was one of the often live in poverty, even though first of the UN Specialised agencies their farming practices are to be established. The issue of food low-resource and sustainable, which was also one of the hot topics for Chapter 32 aimed to promote and discussion in Rio in 1992, and encourage. On the other hand, large provided the background for the subventions are still provided to development of one of the three Rio unsustainable high-resource Conventions, the UNCBD. Rio agriculture, which is the largest brought sustainable farming to the single cause behind climate change global agenda. Inspired by Agenda and loss of ecosystem services. The 21, and the later development of the amount of organic farming has CBD and its protocol, including grown in all world regions since differentiated development of UNCED, but constitutes only 0.9% of activities in other food and the total agricultural land. sustainable development oriented Agricultural data and information agricultural issues, the role of have become more commonly farmers, and in particular the role of available, but farmers are not small farmers have been recognised sufficiently involved in the and these groups have also been research-technology-knowledge given an arena upon which to act. nexus. Still, new issues keep emerging such as food safety and food security, as well as bio engineering, water shortages etc.

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33. Financial resources While Chapter 33 adequately lists While funding has improved in and mechanisms resources and mechanisms vital to recent years, Funding the implementation of Agenda 21, arrangements and transfers of none of the Chapter’s financing technology from developed to methods were expanded upon developing nations around the enough to be effectively Agenda 21 outcomes have been not implemented. Furthermore, the delivered as promised. ODA fell absence of clear reporting from $62.4B (USD) in 1992 to procedures made the inadequate $48.7B in 1997. It was not until provision of Agenda 21 financing 2002 that it again topped the $60 difficult to address. Nonetheless, at billion mark. This “lost decade” was present there are increased marked by regression of key resources available for sustainable development statistics with many development. Funding has steadily of the world’s poorest countries increased from Multilateral suffering from worsening poverty. Development Banks and the Global However, aid flows from donor Environmental Facility, and while countries totalled $129B in 2010, ODA substantially fell following the highest level ever, and an UNCED, development assistance increase of 6.5% over 2009. Other levels have bounced back. challenges include inadequate Innovative financing methods have measurement and reporting; lack of also grown in importance and collaboration; questions of aid possibility (i.e. Kyoto Protocol, High effectiveness; trade and debt relief Level Advisory Group on Climate inequalities. Change Financing). However, if the implementation and measurement of sustainable development financing remains as vague as was set out in Chapter 33, these financing increases could become ill-used and unsustainable.

34. Transfer of Although a raft of measures have Knowledge sharing has improved environmentally sound been put in place to facilitate with the establishment of a technology, technology transfer, progress has multitude of partnerships and cooperation and generally been perceived as slow, networks. Various initiatives exist to capacity-building with the rate of technology transfer facilitate technology transfer. having fallen over the lifetime of the However, progress in actually Clean Development Mechanism. transferring technology remains Policymakers have so far failed to slow. deal with the complexity involved in transferring Environmentally Sound Technologies from one institutional context to another, undermining the capacity of developing countries to benefit from ‘leapfrogging’.

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35. Science for Since 1992, virtually countries have Since the beginning of the 21st sustainable strengthened the scientific basis for century, global investment in development sustainable management, often science and technology research through the creation of specific and development has clearly science-development institutions. developed, and scientific Advances in the BRICS countries understanding of the Earth’s have been particularly pronounced, carrying capacity and impacts of seeing the capacity and capability of human activity has deepened the developing world becoming considerably. Many initiatives have more closely aligned with that of improved the ability of countries their Northern counterparts. This, around the world to appropriately along with the continued assess progress in meeting development of specialised global sustainable development criteria, scientific organisations – chief and various mechanisms have, to an amongst them the IPCC - has extent, worked to incorporate resulted in a greatly increased scientific information into the understanding of global decision making process. That said, environmental processes. This is in at the global level scientific turn closely related to tangible assessment remains somewhat improvements made in long-term incoherent, and capacity constraints scientific assessment at the global, continue to impact upon many national and regional levels. There developing countries. nonetheless remain significant problems surrounding the coherence of global scientific efforts and the myriad agencies which undertake both research and assessment. Despite some progress, the sustainable energy puzzle remains largely unsolved and many developing countries still lack the institutional capacities to place science at the centre of sustainable development programmes.

36. Promoting Achieving universal basic education The Johannesburg Plan of education, public and the eradication of illiteracy, Implementation 2002 re-energised awareness and central to Chapter 36, the efforts to operationalise this part of training Millennium Development Goals and the agenda, emphasising that the Education for All agenda, education is an indispensable remains a distant dream, with 67 element of achieving sustainability million children out of school in and led to the establishment of the 2008 and 17% of adults lacking UN Decade of Education for basic literacy skills. Progress on Sustainable Development. However, re-orienting national education the goals of providing universal strategies towards sustainable basic education and eradicating development has been more illiteracy are still far from realised. promising, with many countries In 2008, 67 million children were incorporating principles of out of school and 17% of the world’s sustainable development into adult population lacked basic curricula and establishing national literacy skills. Discrimination in coordinating bodies for the education provision also persists as promotion of education for two thirds of adults lacking basic sustainable development. However, literacy skills are women. education for sustainable development lacks a clear definition, and whilst the outlook for education in general remains bleak, the capacity of education to act as an instrument for sustainable development appears limited.

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37. National There are lots of national and National Strategies for Sustainable mechanisms and international strategies for Development (NSSDs) and poverty international increasing countries’ capacity but reduction strategies (PRSs) have cooperation for ultimately these are contradictory emerged as the key mechanisms capacity-building in in theory and practice with most through which countries are able to developing countries culminating in top-down generic assess their capacity needs and target solutions. What is needed is improvements. However, capacity flexibility and iteration to fit within development has all too frequently different contexts and to empower been viewed as a technical, universal each country individually. The applicable process, and has tended to policies are too focused on ignore the ways in which national measurable results when what is capacity is a function of the local needed is endogenous change. institutional and socioeconomic However, there are a number of context. The results-driven perspective Declarations and initiatives that are of developed countries, whose aid is leading the way in this area i.e. frequently contingent on achieving Paris Declaration and Accra strictly measureable objectives, has Agenda for Action, plus signs of often worked to undermine the international cooperation with long-term sustainability of capacity programmes such as the UN development initiatives. Delivering As One.

38. International Chapter 38 is rated as “achieved The changes to the UN proposed in institutional already” since international Agenda 21 have each come to arrangements institutional arrangements have fruition, and much has been done to been put in place as suggested in unite the development and the chapter, and all mentioned UN environment agendas at the agencies have made efforts to international level. The fulfill the roles envisioned for them establishment of the Commission in Agenda 21. However, the on Sustainable Development arrangements are not ideal since represents a particularly significant they include overlapping mandates achievement, given the complexity resulting from a process of of the discussions to Rio. That said, negotiation and compromise. there is concern over the ability of Experience shows that the the CSD to live up to its mandate, institutional support structure is and other institutional challenges not coherent enough for effective remain, for example in the case of and efficient implementation. the frequently overlapping and Greater coherence and institutional contradictory Multilateral connections between different Environmental Agreements spatial levels are needed, and there (MEAs). The lack of implementation is an urgent need to reform the apparent across a number of institutional framework for Agenda 21’s objectives also brings sustainable development. the effectiveness of the UN’s overarching structure into question.

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39. International legal Agenda 21 has been a significant Many Multilateral Environmental instruments and catalyst for the generation and Agreements (MEAs) have been mechanisms application of legally binding negotiated since 1992, creating a agreements in the environment and legal mechanism which situates development domains. Multilateral environmental issues in the context environmental agreements have of sustainable development. reporting requirements. The CSD Moreover, the United Nations provides review, assessment and Framework Convention on Climate fields of action in international law Change (UNFCCC), the Convention for sustainable development. UNEP on Biological Diversity (CBD), and and others have contributed to the United Nations Convention to further development of Combat Desertification (UNCCD) implementation mechanisms. have each gone some way to Effective participation in strengthening the legal framework international law making is for sustainable development, supported by capacity-building successfully balancing the interests services, training materials, and of different parties. However, it funding to developing country remains the case that legal delegates to attend negotiations. An commitments are often not international dispute resolution matched by implementation, and mechanism purely for there are also instances in which the environmental or sustainable legal framework is development issues is lacking. self-contradictory, as in the case of Multilateral environmental MEAs. agreements would need to be clustered for coherence.

40. Information for Much has been done to strengthen While a great deal of effort has been decision-making frameworks of sustainable put into developing and development indicators and provide implementing sustainable a new basis for decision-making; the development indicators, data UN, OECD and EU have all worked collection and analysis remains a to ensure environmental indicators challenge, particularly in developing are amenable to the demands of countries. Even where data exists, policymakers. However, the reduced its reliability and quality is at times capacity of developing countries to questionable. Enhancing countries’ collect and analyse sustainable institutional capacity to collect and development data continues to give assess data remains a priority. cause for concern, limiting the Furthermore, global indicator effectiveness of measures taken by frameworks, in seeking to the international agencies to harmonize environmental data sets harmonise environmental data at at the international level, risk the global level. Insofar as bridging distorting the local picture and the data gap between developed compromising traditional and and developing countries was a indigenous knowledge. central objective of Agenda 21, it is far from clear that progress has been sufficient.

PAGE 39 Review of Implementation of Agenda 21 and The Rio Principles | Synthesis TABLE 3 Table 3 –Rio Principles Scorecard

Note: The summary assessments given for each of the Rio Principles are those of individual experts. They do not pretend to represent an unbiased and objective evaluation of all the aspects of specific Principles. For more comprehensive reviews, the reader should consult the detailed review of the Rio Principles, which is a companion to this report.

Principle Rationale Rating Rationale Rating

1. Human beings are at This human-centric approach has The right to a healthy and the centre of concerns defined the environmental and productive life continues to elude for sustainable sustainable development policy over a billion people living in development. They are landscape for the decades since poverty. For a similarly large entitled to a healthy UNCED; however it is challenged by number living above the poverty and productive life in many quarters that advocate for an line, patterns of consumption and harmony with nature. earth centred or earth the impacts of the industries in jurisprudential approaches to which they work can only be development. The inherent considered to be in disharmony with contradiction in this principle results nature. Various institutions and in its efficacy being undermined, initiatives have been created in even though the element of living in attempts to limit humankind's harmony with nature appears to negative impacts on nature, have been widely adopted by civil however these continue to be society organisations and undermined by actions based upon non-governmental and anthropocentric logic, emphasizing governmental actors alike. the seemingly contradictory nature of the principle.

2. States have, in This principle, if implemented Certain initiatives have sought to accordance with the without adhering to the foundations limit transboundary environmental Charter of the United of sustainable development can only damage, with it becoming a Nations and the but contradict the essential approach requirement for states to carry out principles of to achieving SD. Unchecked environmental impact assessments international law, the exploitation of natural resources prior to resource extraction projects. sovereign right to results in significant negative However, it is increasingly difficult to exploit their own impacts on not only that country, but accept that a state’s sovereign right resources pursuant to the wider world and can undermine to exploit its resources is their own efforts of the international compatible with long-term environmental and community to make development sustainability objectives, particularly developmental sustainable. Efforts have been made in the context of climate change. It policies, and the to incentivise the non-exploitation of is clear that success in protecting responsibility to natural resources through paying national interests has ensure that activities compensation, such as the REDD comprehensively outweighed the within their jurisdiction mechanism; however this is just one impact of mechanisms designed to or control do not cause small element of the serious coordinate the international damage to the situation that the world faces in response to sustainability environment of other terms of irresponsible resource challenges. States or of areas depletion. beyond the limits of national jurisdiction.

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3. The right to Examples of institutionalising the There are several examples of the development must be rights of future generations are rights of future generations being fulfilled so as to peppered throughout the two integrated into national and equitably meet decades after UNCED; however all international legal frameworks, developmental and but one have been disbanded. There however the majority of these are environmental needs is increasing respect for adopting an aspirational principles rather than of present and future intergenerational approach and concrete obligations. In spite of this, generations. there are promising proposals for the increasing integration of an Rio+20 that will go a long way to intergenerational approach in further entrenching principle 3. government and non-governmental actions is promising. Significant challenges still exist that will need to be overcome to fully embed long-term thinking into decision-making processes.

4. In order to achieve With a range of environmental Environmental protection has yet to sustainable protection agencies being be mainstreamed in the majority of development, established in the world, and a focus development-oriented decision environmental on their broad remit (protection) the making processes despite numerous protection shall principle has seen some success in declarations, institutions and initiatives constitute an integral filtering down to the national and being created to increase their part of the local level. Linked to EIAs the coordination. Studies such as the development process development process has Millennium Ecosystem Assessment and cannot be mechanisms by which have clearly displayed the long term considered in isolation environmental protection is value of sustainably using natural from it. integrated into the planning and resources, yet governments and development process, however businesses of all sizes in both the these are often seen as tick box North and South continue to exercises and not really offering full externalise environmental costs and analyses of the issues. In addition, exploit natural resources for short development in those countries that term economic gain. Even when laws are aspiring to alternative standards protecting the environment have been of living, to match the development ratified at the international and trajectory of the Northern countries, national levels, in many cases their has priorities in poverty reduction, impact is being undermined by poor which can be in conflict with governance and weak institutions developing in a sustainable way. unable to enforce them. The green economy has emerged as possible vehicle for pulling together human and natural interests, however is currently still largely at the conceptual stage with most economies remaining distinctly brown.

5. All States and all The MDGs, heir to this principle are a Progress towards the MDGs is people shall cooperate shining example of how many mixed, with widespread criticism. in the essential task of elements of it have been translated GDP is still the primary measure of eradicating poverty as into internationally agreed goals. The growth, and inequality (inter-/intra- an indispensable review of the MDGs in 2015 will offer State) is masked. ODA & FDI levels requirement for some more light on how successful are still too low - significantly lower sustainable implementation of the principle has than pledged at Gleneagles. development, in order been; however so far very few are However, significant international to decrease the likely to be met. In addition, the attention has been afforded, some disparities in standards latter element of the principle successes yielded, and national of living and better (standards of living) has not been debts cancelled. meet the needs of the well addressed and continues to be majority of the people ignored in international processes. of the world.

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6. The special situation With widespread inequity and High number of MEAs, Conventions, and needs of disparity between countries, the funds etc. make the case and developing countries, principle has not been well adhered provisions for priority support, and particularly the least to and the wealth gap between rich some development successes have developed and those and poor nations continues to widen. been seen in LDCs. However, most environmentally There appears to have been some prioritisation is still based on GDP, vulnerable, shall be efforts made to alleviate the needs of and LDCs are still marginalised. given special priority. 'special countries' but in practice Technology transfer, aid, and climate International actions in there are rare examples of this change commitments, for example, the field of environment successfully resulting in the overall could and should go further. and development objective being achieved. should also address the interests and needs of all countries.

7. States shall cooperate The concept of CBDR has been widely Significant number of MEAs, in a spirit of global adopted in a range of conventions and Conventions etc. signed and partnership to conserve, MEAs. However, the practice of negotiated but still far too many protect and restore the integrating CBDR in practice is less deadlocks and stalemates. CBDR is health and integrity of than adequate and the dominant still really just lip service which the Earth's ecosystem. approach in MEA negotiations has not developed nations fail to live up to. In view of the different led to fostering trust - to lead to Many crucial environmental contributions to global 'global cooperation' but in fact, has agreements and targets have environmental done the opposite. The very recent simply failed. degradation, States have news of Canada's impending common but withdrawal from the Kyoto Protocol is differentiated a case in point. responsibilities. The developed countries acknowledge the responsibility that they bear in the international pursuit to sustainable development in view of the pressures their societies place on the global environment and of the technologies and financial resources they command.

8. To achieve The Living Planet Indices have Unsustainable consumption patterns sustainable decreased by 60% since the 1970s have continued to rise, at a steady development and a and we are using 50% more natural pace in industrialised countries but higher quality of life resources than 25 years ago. Some remain at an unsustainably high per for all people, States decoupling has occurred but most of capita plateau with very little evidence should reduce and these efforts have been offset by of reducing or any concerted efforts eliminate other malevolent activities. There is globally to address this problem. unsustainable patterns still far too much waste production. BRIC countries are seeing blooming of production and Demographic pressures are consumer classes that aspire to high consumption and continuing and while progress was per capita consumption levels and promote appropriate made on providing family planning, other developing countries will follow demographic policies. demand is still far outstripping suit in time. Population projections are supply, nor does it take into estimating a 50% rise in population by consideration cultural and 2050 with demand for family planning educational aspects of preventing services far outstripping supply at the pregnancies. national or local level and although global forums are talking about population issues and their impacts on global resources - a more serious and mature debate is looming with weak leadership shrinking from it.

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9. States should Some knowledge sharing is evident All three of the institutional cooperate to and some successes including the arrangements to propagate strengthen Montreal Protocol and subsequent technology transfer: (i) ODA from endogenous conventions that aspire to increase developed to developing countries; capacity-building for tech transfers and dissemination of (ii) international investment and sustainable scientific knowledge. However, most trade; and (iii) international development by of the aspirations have been public-private cooperation improving scientific rhetorical only with progress being agreements are all understanding through slow. Significant barriers include the under-performing and inadequate; exchanges of scientific lack of an enabling environment in specifically regarding the urgent and technological recipient countries with weak need to address climate change knowledge, and by regulatory environments, social and mitigation. The levels of bilateral enhancing the political instability. and multilateral ODA to fund development, international technology transfers adaptation, diffusion appear low to most observers. The and transfer of barriers to transfers of technology technologies, including through government international new and innovative trade and investment policies technologies. remain high in many countries and for many key technologies the commitment of resources to international cooperation activities remains inadequate.

10. Environmental The implementation of this principle Civil society's crucial role in shaping issues are best has been very successful in some sustainable development has been handled with regions, and looks set to secure formally recognised by nation states participation of all successful implementation in others. and international agencies alike. Yet concerned citizens, at The Aarhus Convention has paved in many societies, increased access the relevant level. At the way for nation states to adopt the and consultation has not necessarily the national level, each principle in practice, however there translated directly into greater individual shall have are states that continue to be influence. The Aarhus Convention has appropriate access to non-compliant with it. The proposal been a major step forward in information concerning for a Convention on principle 10 will institutionalising popular the environment that is strengthen the implementation and participation, access to information, held by public application of this principle. and justice in environmental matters. authorities, including In practice, however, even in information on countries which have ratified the hazardous materials Convention, many populations and activities in their continue to face significant barriers to communities, and the accessing relevant information and opportunity to influencing decision making participate in processes and are therefore unable decision-making to hold governments to account over processes. States shall unsustainable policies and actions. facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and administrative proceedings, including redress and remedy, shall be provided.

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11. States shall enact Since the 1972 UNCED there has been Since 1992 environmental law has effective a rapid and broad expansion of undergone a considerable environmental environmental legislation. For expansion at the international, legislation. example: regulations limit emissions regional and national levels, with Environmental through taxation or trading in the new legal provisions embodied in standards, currency of greenhouse gases; policy conventions, multilateral management has been influenced by economic agreements and national objectives and models showing that, in theory, legislation. The proliferation of priorities should development can 'decouple' from Multilateral Environmental reflect the environmental degradation; laws Agreements (MEAs) has been environmental and ensure that stakeholder participation particularly notable, while many development context is a prerequisite to planning countries have also issued to which they apply. permission . But these legislative tools legislation in relation to Standards applied by are too often ineffective. International Environmental Impact some countries may be environmental law is fragmented and Assessments (EIAs) and Strategic inappropriate and of weak: an array of environmental Environmental Assessments unwarranted economic agreements exist, but ambitious text (SEAs). However, legal instruments and social cost to comes at the cost of enforceability. have all too often failed to lead to other countries, in Furthermore, free trade rules dictate implementation, often due to particular developing the parameters of environmental discrepancies between the countries. governance. At the national level, provisions embodied in international environmental aspirations are agreements and capacity at the overshadowed by development and national level. Moreover, the economic goals. The implementation continued emphasis upon GDP as of Principle 11 requires that: the primary indicator of environmental legislation and goals socioeconomic progress has must be re-prioritised; emerging substantially undermined the ability economies implement sustainable of legislation to produce approaches to economic development; sustainable outcomes. countries focus on a greening of the global economy; and global environmental governance is reformed to ensure the coordination of national and international environmental legislation.

12. States should Principle 12 has been implemented Difficulties in securing multilateral cooperate to promote a through a number of avenues: consensus on environment and trade supportive and open judicial recognition and interpretation disputes have reduced the capacity of international economic has reinforced the meaning and provisions embodied in trade law to system that would lead to importance of Principle 12 in protect the environment. To some economic growth and international legislation and may one extent, the prohibition of unilateral sustainable development in day elevate it beyond its current soft measures has created a vacuum in all countries, to better law status; it is already an which environmental concerns are address the problems of operational guideline for the WTO; relegated in importance by the environmental degradation. and appears as a guiding principle in primacy of free trade laws. Examples Trade policy measures for numerous multilateral of international agreements that have environmental purposes environmental agreements. However, successfully balanced trade and should not constitute a it remains a key concern to States environmental imperatives are means of arbitrary or that environmental regulations can scarce, and the extent of constructive unjustifiable discrimination be both a direct conflict with the dialogue on the subject at the or a disguised restriction on objectives of a liberalized international level is all too limited. international trade. international market, and also a Unilateral actions to deal barrier to entry into the market. The with environmental risk of a race to the bottom amongst challenges outside the trading nation States remains a real jurisdiction of the importing concern and trading rules continue to country should be avoided. limit the ambition of national Environmental measures environmental regulations on addressing transboundary imported goods. The need to agree or global environmental such standards by consensus problems should, as far as creates an often insurmountable possible, be based on an hurdle to implementing Principle 12 international consensus. through ambitious global deals.

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13. States shall There have been numerous There are a range of international develop national law multilateral agreements developed agreements stipulating sanctions regarding liability and around the issue of liability and for pollution and environmental compensation for the compensation for environmental damage, but their effectiveness is victims of pollution damage. However international law frequently limited by a lack of and other lacks the maturity to be able to enforcement. Cases are often environmental sanction States in violation of their difficult to win, due to technical damage. States shall duties as members of a global issues around latency periods, also cooperate in an community: many of the examples evidence of causation and the shear expeditious and more of liability legislation are not in complexity involved with the determined manner to force and have not been in force for evolution of law over time. develop further many years. This means that in the International law lacks the international law absence of domestic implementing maturity and power to sanction regarding liability and legislation, States or individuals (in states in the event of violation, compensation for the case of civil and administrative arguably rendering the adverse effects of liability regimes) are not bound by development of legal instruments a environmental damage the provisions of the agreement. fruitless endeavour. caused by activities International law has not fully within their jurisdiction encompassed the provisions of or control to areas Principle 13, and nor have States beyond their acted in an ‘expeditious and more jurisdiction. determined manner’ to challenge this. The environmental liability and compensation regime is fragmented and poorly effective. An environmental regulatory framework is needed which is designed to effectively coordinate legislation, ensure its entry into force and its compliance with provisions of the global community. Despite these concerns, there is increasing momentum towards the development of environmental liability, as states and stakeholders increasingly look to the courts and judiciaries to assert their rights to environmental justice.

14. States should There are several international The movement of hazardous waste effectively cooperate agreements regulating and prohibiting across national boundaries is another to discourage or the transfer of hazardous substances example of international agreements prevent the relocation and many of these are updated to failing to translate to implementation; and transfer to other accommodate new harmful although sophisticated legal States of any activities substances. Nevertheless there is instruments such as the Basel and substances that on-going evidence of hazardous Convention have outlawed the cause severe substances being dumped in the Third transfer of hazardous waste from environmental World. The GATT/WTO framework developed to less developed degradation or are permits import restrictions on the countries, the dumping of hazardous found to be harmful to grounds of hazardous substances. waste has continued since 1992. In human health. However national legislation effecting addition, the failure of countries such such restrictions is too often poorly as the United States to commit to the enforced. For many developing Convention has significantly limited countries the economic and political its effectiveness. advantages of importing waste from the developed world outweighs health and environmental considerations.

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15. In order to protect The precautionary principle has Principle 15 has been applied in a the environment, the been widely accepted as in range of instruments and widely precautionary international jurisprudence and has implemented by states. However, approach shall be been used in a range of some states continue to block the widely applied by governmental and application of the precautionary States according to inter-governmental decision-making approach and there is a lack of their capabilities. fora. However, it has been strong application in trade disputes. Where there are challenged by states using the WTO Further definition and coherent threats of serious or trade rules, which have superseded interpretation are required before irreversible damage, the PP. It has some way to go full implementation to be possible. lack of full scientific before being fully implemented certainty shall not be across regimes and given the full used as a reason for weight it deserves postponing cost-effective measures to prevent environmental degradation.

16. National authorities Although not a new concept at Rio, The externalisation of should endeavour to discussions and the implementation environmental costs, such as promote the of economic instruments have pollution, waste disposal and internalization of increased, with many good ecosystem degradation undermines environmental costs examples and a greater awareness the fundamental driver of and the use of of theory and effectiveness. sustainable development. Efforts to economic instruments, However, there are problems with internalise such environmental taking into account the many instruments in operation (e.g. costs have not been implemented approach that the failure to account fully for in earnest. Whilst the polluter pays polluter should, in environmental benefits/costs; principle is well established in high principle, bear the cost polluter pays not always level rhetoric, the practical of pollution, with due implemented; lack of application of it - not least by regard to the public agreement/cooperation; corruption); national authorities - has been less interest and without many States still lack capacity and than successful. Pollution remains distorting international support; and a significant lack of rife and conflicting approaches to trade and investment. consensus persists over waste management undermine the instruments' suitability and principle's objective: to implementation. disincentives waste production and polluting activities in the first place. The internalisation of such costs would mitigate against the distortion that the markets create when pollution is considered in economic terms. In addition, initiatives to value ecosystem services as a means by which the external costs of ecosystem degradation can be incorporated in decision making processes will go a long way to achieve practical solutions to the problems that polluting activities create.

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17. Environmental Improvements have been made to EIAs are very much a part of many impact assessment, as EIA processes and implementation mainstream decision making a national instrument, has increased and widened, with practices pertaining to development shall be undertaken some good examples. However, activities; and many countries have for proposed activities there are still major flaws in the transposed this principle into that are likely to have process itself; it is often skirted or national legislation and regulatory a significant adverse corrupted; and many developing instruments. However criticisms of impact on the nations are severely lacking EIAs remain: most prominent of environment and are adequate procedures and support. which argue that the process is just a subject to a decision of 'tick the box' exercise and does not a competent national have real teeth. Particularly in authority. countries such as the UK where there is presently a 'presumption in favour of (sustainable) development', planning laws continue to favour the developer regardless of EIAs that can be conducted.

18. States shall With the advent of social media, the Advances in communication immediately notify rapid development of the internet technologies have enabled almost other States of any and de-centralised communications instantaneous dissemination of natural disasters or networks this principle has been information on impending and other emergencies widely put into practice whether the occurring natural disasters and that are likely to State has issued the warning or other emergencies. Even though produce sudden wider press. some individual nations may lack harmful effects on the the capacity to effectively detect environment of those and monitor such events directly, States. Every effort information from global and shall be made by the regional warning systems is now international available to all countries. community to help States so afflicted.

19. States shall A wide variety of MEAs and Nearly twenty years after this provide prior and international fora call for the principle was agreed, there are still timely notification and Principle's prescriptions but there cases being brought in the ICJ relevant information to lacks a standardised system or (such as the Pulp Mills case, potentially affected approach to ensure adequate referred to in the study) where a States on activities consultation, notification and 'prior state has not consulted with that may have a and informed consent'. As such, the another or sought prior consent significant adverse Principle is open to wide before embarking on a project that transboundary interpretation and post-event will have potential transboundary environmental effect arbitration has been required, which affects. Challenges to and shall consult with lacks a common approach itself - no implementation of this principle will those States at an real progress can be said to have continue as transboundary impacts early stage and in good been made. felt as a result of climate change - faith one of the most significant transboundary environmental issues of our time. In respect of this, it is clear that States are not consulting one another or receiving prior consent before propagating activities that potentially will cause significant harm to others.

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20. Women have a vital While the international scene has It is widely recognised that women role in environmental seemingly recognised women’s will disproportionately feel the management and essential contribution to economic impacts of many environmental development. Their development, in practice their changes attributed to climate full participation is activities are still often deemed change (such as extreme drought therefore essential to informal and without measurable conditions, which affects their achieve sustainable economic significance. Women are access to water as well as crop and development. still seen as discrete entities rather agricultural management). Women than having an integral role in are also an integral part of resource sustainable development, which is management and have a wealth of in part due to entrenched social knowledge in this are which can and structures and attitudes that are should be integrated into still prevalent. The focus on women mainstream decision-making is too narrow with discussions on processes. Unfortunately the gender assumed to be about principle does not explicitly women, and on women as victims recognise that women's involvement rather than the more complex and in the decision-making process is dynamic relationships and cultural essential; but rather it remains practices involved. Women are still vague on how women are to be not seen as actors in relation to involved. Twenty years after UNCED fundamental issues such as tenure there are active women's and property rights thus constituencies in many of the main exacerbating the division and UN convention processes and UN discrimination. fora; however at the national level the picture is less positive in both developed and developing nations. More needs to be done to integrate the valuable knowledge of women and approaches they take to achieve sustainable development.

21. The creativity, The youth have shown that they are Many initiatives have successfully ideals and courage of willing and very able to participate sought to mobilise and give voice to the youth of the world in the processes that are young people, including the UN should be mobilized to determining their future. Leadership Convention on the Rights of the forge a global has been shown from the youth Child and the UN World Programme partnership in order to themselves as they self-organize on Action for Youth. The most achieve sustainable and self-mobilise to play their own successful movements aiming to development and role in safeguarding their own incorporate the voice of the young ensure a better future future. The development of internet, into decision-making processes for all. social networking and globalised around sustainable development communications has supported have been led by young people these efforts and helped the youth themselves, as in the case of youth build their partnerships themselves. climate coalitions. Moreover, More now needs to be done at the initiatives such as the United governmental level to recognise and Nations Youth Participation integrate the youth voice. programme have institutionally strengthened the provision for youth participation in decision-making.

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22. Indigenous people Since 1992 principle 22 has been Indigenous people are recognized and their communities incorporated into many global and as formal stakeholders in a and other local national policy instruments, plethora of multi-lateral processes. communities have a including the CBD, the Kimberley Constituency and major group vital role in Declaration, the Declaration on the status has been secured in many environmental Rights of Indigenous Peoples and fora; to some extent, the latter half management and The African Convention on the of the principle has been development because Conservation of Nature and Natural implemented in the formal of their knowledge and Resources. The rights of indigenous processes. However, in practice the traditional practices. populations have been increasingly voices of indigenous people are too States should recognised over the past 20 years. easily ignored and overruled, and recognize and duly However despite multiple examples without full capacity building, the support their identity, of the principle being incorporated intricate processes can be alien - culture and interests into legislation, indigenous groups resulting in marginalisation and a and enable their are still marginalised and there lack of representation that does effective participation remains a large implementation little to integrate these important in the achievement of gap, with the rights of these groups perspectives into the mainstream. sustainable still frequently ignored despite the development. significant progress.

23. The environment Progress in implementing this Although the principle has been and natural resources principle has been limited, although subsequently reaffirmed in of people under it is very difficult to give an accurate international law, it does not oppression, domination assessment of its incorporation into appear to have been adopted in and occupation shall law, due to the various practice. Moving forward, proposals be protected. interpretations of international such as the recognition of a crime humanitarian and human rights of ecocide should be given laws, in which the principle may or sufficient consideration to may not be relevant. There are some strengthen the principle's practical examples, notably regarding the application. Israeli-occupied territories, where environmental protection has been referenced in legislation, but implementation of this has been limited. Overall there is very little legislation which the principle has filtered in to.

24. Warfare is In theory this principle has been This principle is widely recognised inherently destructive widely adopted and transposed into at the international and national of sustainable a range of national and international levels and has been integrated into development. States instruments; and various a range of legal instruments. shall therefore respect international bodies monitor its Furthermore, the ICC represents a international law progress. However, in practice forum where cases can be bought. providing protection warfare remains destructive and Efforts to strengthen the principle for the environment in armed conflict continues to cause are still required however, especially times of armed conflict damage. Proposals such as ecocide considering the inherently damaging and cooperate in its would go a long way to securing nature of war and the increasing further development, stronger international potential for conflict in the future as as necessary. implementation of this principle. a result of resource scarcity

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25. Peace, It is clear that Principle 25 has been There has developed over the two development and reaffirmed in subsequent decades (and since before UNCED) environmental international treaties and discussed an understanding and increasing protection are widely by an array of international appreciation that environmental interdependent and institutions that have recognised the degradation undermines peace. It is indivisible. interdependence of peace, also ever more clear that the nexus development and environmental between development, protection. However, politically at environmental protection and peace least, environmental protection must be strengthened if sustainable appears to have taken a backseat in development is to be achieved. light of the global recession when it However, there are examples where could potentially be a unique conflict has arisen as a result of opportunity to promote economic resource exploitation as part of growth through investment in development approaches and renewable technologies. It will increasing social living standards; therefore be interesting to see and this undermines both peaceful whether environmental protection societies and the nexus approach remains strong when some western outlined in the principle. governments view it as a barrier to growth rather than a step-ladder to achieving it

26. States shall resolve All potential disputes that have Disputes over resources have been all their environmental arisen in recent history over settled both inside and outside of disputes peacefully and environmental or natural resources the jurisdiction of courts. There is a by appropriate means in have been resolved peacefully and body of case-law that illustrates accordance with the constructively showing willingness how States have brought cases Charter of the United and recognition on behalf of all before the courts over access to, the Nations Parties. Various bodies have been use of, and negative impacting on established whether under the UN natural resources that cause or elsewhere in order to deal with transboundary harm. The objective potential conflict resolutions that of the UN Charter - to foster peace may arise in the future. There is also amongst nation states - underpins a recognition that environmental and number of the principles in the natural resource issues can be at declaration. However where least indirect drivers of conflict thus resource scarcity has become an there is more awareness of how to ever increasing concern to many prevent such issues in the future. nation states as well as citizens, tension can easily arise. More must be done by states to ensure that environmental disputes are peacefully dispelled and resource conflicts are mitigated by good faith early intervention. The body of existing international legislation, based on this principle, will go a long way to lay down the framework for successful peaceful resolution of disputes; however there remains a risk that practical solutions remains insufficiently deployed.

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27. States and people There is will amongst many actors The state of partnerships and shall cooperate in at the international and national cooperation, financial or otherwise, good faith and in a level to aspire to achieving the is extremely variable. Aid flows have spirit of partnership in principles. Overall however there not yet meet agreed target levels. the fulfilment of the are significant gaps in Debt levels of developing nations principles embodied in implementation of many individual remain very high. While some Rio this Declaration and in principles. International law, Principle have transcended into soft the further building on many of the principles, law instruments, full development of has developed to establish key implementation into environmental international law in the elements of the Declaration in its and sustainable legislation with field of sustainable jurisprudence; and sustainable good coverage over the world development. development as a concept and in remains aspirational at best. practice is gaining strength at the Training for law-making in the local, national and international context of sustainable development levels. However, difficulty has been is linked to funding. So while some highlighted in working out how to funding has been provided to transpose the principles into developing countries, inequalities practice at all levels and in a range remain a barrier to engagement and of sectors. Without guidelines to the co-operation in improving Declaration the spirit of partnership international law in this area. and any indication of good faith is undermined by lack of practical application.

Excellent progress/fully achieved Limited progress/far from target

Good progress/on target No progress or regression

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