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Conference Program

Thursday, 14 April 2005

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Panel 5: Strengthening the Implementation of Multilateral Environmental Agreements
Moderator: Donald Kaniaru, Kenya

Donald Kaniaru opened the panel by noting how critical MEA implementation is, given how many environmental agreements have been adopted in the last 30 years. UNEP's recently developed guidelines on MEA implementation are an important tool in this process. The key is to convince legislatures, NGOs, and funding agencies of the importance of MEA implementation. Following Johannesburg, it is time to shift our focus away from creating new legislation and instead toward how best to implement what has already been adopted.

Rosalind Reeve observed that biodiversity conservation efforts under the Convention on Biological Diversity and the Cartagena Protocol have shifted from a focus on policy development to a focus on implementation, so as to place an emphasis on achieving significant reduction of biodiversity loss. She explained the implementation tools, reporting requirements, and compliance mechanisms under the CBD and the Protocol. She then compared the strengths and weaknesses of CITES and of the CBD.

Elizabeth Mrema explained the structure and purpose of the Lusaka Agreement: to eliminate illegal trade in wild fauna and flora, and to set up a permanent Task Force for that purpose. She noted that one focus of the Task Force is to create a network with other CITES-related officials worldwide, but also that on-the-ground work is a critical aspect of the program, since Task Force agents are authorized in Lukasa to go into the field to conduct operations and make arrests. She emphasized that a key issue is to strengthen the link between the Task Force and prosecutors to increase the likelihood of successful convictions. She also stressed that the Task Force must look beyond convictions and instead go to the root causes of poaching, to try to prevent harm to wildlife from occurring in the first place.

Gilbert Bankobeza noted that better information about successful implementation techniques, including how data is generated and collected under other MEAs, would help facilitate implementation under new MEAs, and that this information-gathering process would be easier if there were better cooperation among convention secretariats. He recommended that countries compare how implementation occurs across the various MEAs that they have signed and then foster inter-ministerial cooperation at the national level to assure successful implementation. He also articulated the lessons that other MEAs can learn from the implementation of the Montreal Protocol, including the Protocol's compliance incentives (e.g., financial mechanisms for capacity building and technology transfer) that were critical for achieving such broad participation. He noted that the Kyoto Protocol utilizes some of the same implementation tools.

Sibusiso Gamede stressed that synergies among the three conventions related to hazardous chemicals -Basel, PIC, and POPs - are possible at the international, national, regional, and local levels. He explained the administrative, financial, communication, management, and programmatic benefits of coordination among the three conventions and the various levels of government, while acknowledging the obstacles that exist to greater cooperation and synergies (e.g., lack of awareness, funding, and skills). He suggested that synergies can be created at the international level, and that INECE can make significant contributions to this effort, through (1) the development of international capacity in facilitating synergies, (2) improved guidance and training material, and (3) improved regional mechanisms for joint implementation.

Iwona Rummel-Bulska emphasized that the most critical problem in developing compliance and enforcement programs for MEAs is the lack of financial resources. She stressed that countries need financial assistance and access to low-cost technologies that can be quickly and easily adopted by businesses in developing countries. She noted that a significant reason for the Montreal Protocol's effectiveness is its access to the GEF. Also, the Montreal Protocol focused on a developed country issue, allowing for easier funding and implementation than would be the case with an issue like climate change that has a more direct impact on developing countries. She observed that environmental MEAs, unlike treaty regimes addressing nuclear facilities or weapons, lack on-site monitoring or verification. She suggested that collaboration with other organizations (like customs agencies) and exploration of corporate liability and compensation may be helpful in advancing implementation of MEAs.

Following discussion and questions from the audience, Donald Kaniaru closed the session by noting that there is still much to be done to improve coordination and synergies among the MEAs, that more MEAs need access to the GEF to be effective, and that lessons learned from implementing earlier conventions need to be taken into account in designing implementation programs for newer conventions.

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