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> Commentary from the INECE Secretariat, Durwood Zaelke |
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INECE
Secretariat's
Summary of Johannesburg Sustainable Development Summit
Increased
Enforcement Required to Meet Targets and Timetables Set
at Johannesburg Sustainable Development Summit
Comments
from the INECE Secretariat, Durwood
Zaelke
18 September 2002
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1.
Introduction
By setting specific targets and timetables for implementing the
commitments made at the Rio Earth Summit in 1992, the Johannesburg
World Summit on Sustainable Development
[1]
dramatically focused attention
on the need to strengthen environmental enforcement and compliance.
This provides INECE with an important opportunity to position itself
as the key global network for enforcement and compliance, and to
form new strategic alliances to carry out its work. The following
discussion provides information that may be useful for INECE as
it sets priorities in the strategic planning process.
2.
Summary
The governments of the world recommitted themselves at the Johannesburg
Summit to implementing the Rio Principles and the full scope of
Agenda 21, and set specific targets and timetables for several
critical issues, including -
-
Significantly
reducing the rate of biodiversity loss by 2010;
-
Cutting
in half those without access to clean water and sanitation by
2015;
-
Returning
fisheries to maximum sustainable yield levels by 2015; and
-
Minimizing
the adverse effects of chemicals on human health and the environment
by 2020.
The official
goal of the Summit was-not to establish new principles, commitments,
or institutions-but rather to review progress towards the existing
principles and commitments set at the 1992 UN Conference on
Environment and Development.
[2]
Also know as the Rio Earth Summit, the
1992 conference adopted the Rio Principles,
[3]
new conventions on climate
[4]
and biodiversity,
[5]
a set of forestry principles,
[6]
and created the Commission on Sustainable
Development to assist with implementation.
[7]
Besides the
two substantive documents, seven Partnership Plenaries and four
high-level Round Tables, the Summit also hosted a full program
of side events in and around Johannesburg.
[8]
INECE was an active participant in several
side events. (See Summary
of INECE Summit Participation).
The Johannesburg
Declaration on Sustainable Development
[9]
and the Plan of Implementation
[10]
(hereinafter "the Plan")
were the major substantive accomplishments of the Summit. The
Plan, discussed in more detail below, consists of eleven chapters
spelling out the framework for action to implement the commitments
made at the 1992 Earth Summit.
However, the
Johannesburg Summit is being criticized by some participants for
merely repeating many of the commitments made in the United
Nations Millennium Declaration,
[11]
including the various commitments dealing
with income and drinking water, which are taken almost verbatim
from the Millennium Declaration. Others have criticized the Summit
for failing to include targets and timetables for implementing
renewable energy resources, and maintaining the legitimacy of
pursuing fossil fuel technologies. Additionally, many participants
and observers believe that the Summit did not adequately address
the $350 billion in annual agricultural subsidies paid by developed
nations, and others complain that the Summit virtually overlooked
education for sustainable development as a critical issue.
But many
of the Summit commitments, particularly regarding biodiversity,
chemicals, and fisheries, set forth for the first time, targets
and timetables that present a tremendous challenge for those responsible
for implementing the Rio commitments and enforcing environmental
law and policy.
To assist
in meeting this challenge, INECE announced at the Summit that
it was launching the INECE Enforcement Indicator Project
to develop a set of indicators to measure and manage enforcement
and compliance efforts. In addition to assisting countries manage
their enforcement resources for improved performance; INECE contemplates
using the indicators to identify opportunities to expand its training
and capacity building program. Other strategies for helping enforcement
practitioners meet the targets and timetables set by the Summit
are being considered in the development of the 2003-05 INECE strategic
plan.
3. The Summit Plan of Implementation
The Johannesburg Summit reaffirmed the commitment to the Rio Principles,
and to the full implementation of Agenda 21,
[12]
and recognized that good governance is
essential to sustainable development, as is respect for human
rights and fundamental freedoms (Summit Plan, Chapter I).
The means
of implementation include a focus on access to environmental information
as well as judicial and administrative proceedings (Chapter X.).
The Summit Plan also notes the need for better market signals,
including full cost internalization and the elimination of harmful
subsidies, as well as regulatory frameworks for achieving a level
playing field, and better assessment and reporting, including
an environmental vulnerability index for Small Island States,
and a comprehensive review of implementation of the Barbados Programme
of Action by 2004 (Chapters III, IV, and VII).
The Summit
Plan addresses poverty eradication through a commitment to cut
in half by 2015 the number of people living on less than US $1/day,
and agreed to establish a solidarity fund (Chapter II). In addition,
it calls for action to immediately enforce national Forestry Laws
and to halt illegal trade in forest products (Chapter IV), to
return fisheries to maximum sustainable yield levels by 2015 (id.),
to cut in half the number of people without access to safe drinking
water and sanitation by 2015 (Chapter II), to minimize significant
adverse effects on human health and the environment from chemicals
by 2020 (Chapter III), and to achieve by 2010 a significant reduction
in the current rate of biodiversity loss (Chapter IV), including
coastal and marine biodiversity of small island states (Chapter
VII), as well the negotiation of a legally binding instrument
on benefit sharing (Chapter IV). The Plan also focuses on actions
to limit health impacts from air pollution and from lead exposure
(Chapter VI), and on the need to strengthen corporate accountability
(Chapter IV).
3.1 Implementation
of MEAs
The Summit Plan calls on nations to ratify and effectively implement
a number of multilateral environmental instruments, including:
-
United
Nations Framework Convention on Climate Change;
-
Ramsar
Convention;
-
Montreal
Protocol;
-
United
Nations Convention to Combat Desertification;
-
Rotterdam
Convention on Prior Informed Consent;
-
Stockholm
Convention on Persistent Organic Pollutants;
-
Convention
on Biological Diversity;
-
Cartagena
Protocol on Biosafety; and
-
Proposals
for Action of the Intergovernmental Panel on Forest and Intergovernmental
Forum on Forest .
3.2 Targets
and Timetables
The Plan also sets additional targets and timetables to assist
with full implementation, including:
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3.2.1
2004
· Develop a process for global reporting and assessment
of the marine environment.
· Create an international plan of action to prevent,
deter and eliminate illegal, unreported and unregulated
fishing.
3.2.2
2005
· Develop integrated water resources management and
water efficiency plans.
· Begin implementation of national strategies for
sustainable development.
· Adopt an international plan of action for management
of fishing capacity.
· Develop a strategic approach to international chemicals
management.
3.2.3
2008
· Implement a globally harmonized system for the
classification and labeling of chemicals.
3.2.4
2010
· Significantly reduce the rate of biodiversity loss
3.2.5
2012
· Establish marine protective areas.
3.2.6
2015
· Halve the proportion of people without access to
safe drinking water and basic sanitation.
· Return fisheries to maximum sustainable yield levels.
3.2.7
2020
· Achieve sound management of chemical use and production
to minimize their significant adverse effects on health
and environment.
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3.3 Strengthening
Implementation
The Summit Plan calls for the mobilization of financial and technological
resources, including capacity-building programs, to strengthen
implementation in developing countries. In addition, the Plan
highlights several specific areas where assistance is needed,
including the following areas relevant to the work of INECE:
- Enforcing
forest laws and halting illegal trade in forest products;
- Implementing
regional sustainable development programs in Africa, Latin America,
and Asia;
- Formulating
and implementing environmental protection polices;
- Ensuring
access to environmental information, judicial and administration
proceedings, and participation by civil society and the general
public; and
- Developing
indicators for sustainable development.
4.
Development Assistance
In response, a number of nations, international organizations,
and stakeholders announce new or continuing funding that support
implementation of the Plan's commitments, including:
The United
States
[13]
announced:
- $970 million
over the next three years on water and sanitation projects;
- $43 million
in 2003 in energy projects;
- $2.3 billion
through 2003 to fight HIV/Aids, malaria, and tuberculosis;
- $90 million
in 2003 for sustainable agriculture programs; and
- $53 million
for forests in 2002-2005.
The European
Union announced:
The World
Bank
[15]
and the International Emissions Trading
Association
[16]
unveiled a $100 million project to encourage
emission trading in developing countries.
The Asia
Development Bank announced a $5 million grant to United
Nations Human Settlements Program (Habitat)
[17]
and $500 million in fast-track credit
for the Habitat Water for Asian Cities Programme.
The Global
Environment Facility
[18]
announced an agreement totaling $3 billion
to replenish its funding commitments. The GEF funds projects in
four focal areas: biodiversity, climate change, international
waters, and ozone. Projects to address land degradation, as it
relates to the four focal areas, are also eligible for funding.
5.
"Type Two" Partnerships
[19]
The Political Declaration and the Plan of Implementation
were "type one" outcomes agreed to by governments. "Type
two" partnerships are so-called "partnerships of the
willing" between various countries and stakeholders that
were agreed to outside the formal Summit negotiation process.
Several "type two" partnerships that may be relevant
to INECE are listed below. It is anticipated that at lest some
of these partnerships will receive funding in the form of the
development assistance detailed above.
Other significant
partnerships were formed outside the "type two" structure,
reflecting the suspicion voiced by a number of developing countries
at the Fourth WSSD PrepCom in Bali, Indonesia that "type
two" partnerships were a distraction from the "type
one" government commitments. In response, many organizations
decided not to list their projects as "type two." For
example, the Global Judicial Symposium announced an international
effort to strengthen the environmental capacity of the judiciary,
but this event and the follow up capacity building initiative
is not included in the "type two" listing. Nevertheless,
many of these partnerships may be relevant, and they will be reviewed
separately.
The following
are partnerships that are officially listed and that touch on
issues of environmental implementation, enforcement and/or compliance.
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An
Integrative Approach to Organic Agriculture: Social, Environmental,
and Economic Challenges, Benefits, and Opportunities
This initiative, launched between the Ministry of Environment
in the Dominican Republic and Physicians for Social Responsibility
(ISSER),
[20]
is designed to provide capacity
building and technology transfer to decision-makers and
other major groups in the Dominican Republic regarding the
principals and practices of organic agriculture with a view
to fostering long-term sustainable food production, health,
rural development, and the conservation of natural resources.
It involves, inter alia, promoting legal frameworks
and enforcement.
Asia Forest Partnership
The Government of Japan, in cooperation with the Center
for International Forestry Research,
[21]
is leading an initiative to promote
sustainable forest management in Asia by addressing, inter
alia, good governance and forest law enforcement;
capacity for effective forest management; and control
of illegal logging. The partnership will promote forest
policies, plans and programs; land use and natural resource
management arrangements; use of satellite data; and a variety
of measures to address illegal logging. The first phase
of this project will run from August 2002 to 2007.
Sustainable
Land Resources Management in the Caribbean
The Caribbean Community (CARICOM)
[22]
is leading this initiative to
reverse land degradation and desertification in the Caribbean.
The partnership will address, inter alia, integrated land
use management and environmental protection. The initiative
will strengthen public sector capacity and develop effective
legislation and policies through a process that is based
on economic and social goals, community participation, technologies,
and non-agricultural land use that prevents/minimizes detrimental
effects to the environment, local communities or future
generations. In addition, it aims for effective enforcement
of new policies and laws for sustainable land management
formulated through participatory processes. This project
will run from January 2003 to December 2007.
IUCN
Initiatives
IUCN's Environmental Law Programme Capacity Building
Initiative
[23]
will continue to develop national
capacity to take part in the international policy debate,
to implement what is agreed through coordinated policies,
laws and institutions, and to ensure effective compliance
with environmental laws. Key mechanisms include academic
education, practical training, expert forums, internationals
experience, publications, technical assistance and information.
In addition, IUCN will continue to work with UNEP on the
ECOLEX project,
[24]
a database of treaties, national
legislation, legal literature and court decisions.
Global
Technology Transfer and Knowledge Management Partnership
This partnership, which builds upon the knowledge management
networks of the UNEP-GEF Technology Transfer Networks, promotes
access to technology and knowledge by facilitating information
exchange, finance and investment in sustainable products
and services in the energy, agriculture, textile, water,
waste, and forestry sectors. To foster increased transfer
of sustainable technologies, the partners provide: an inventory
of replicable technology transfer case studies; a directory
of experts; a directory of innovative national regulations
and policies; and a directory of planning and distance
learning tools. This is an open-ended project.
Global
Partnership Toward Cleaner Fuels
This partnership, lead by the International Fuel Quality
Center in Brussels, aims to assist developing countries
in improving fuel quality, including the elimination of
lead from gasoline, by building capacity; encouraging
more effective inspection and maintenance programs;
improving availability and accessibility of technical information;
and setting up a network of experts to advise on a number
of topics. This project will begin in August 2002 and conclude
in December 2005.
International
Sustainable Development Legal Partnership
This initiative, lead by the Center for International Sustainable
Development Law in Quebec, has several objects. First is
to found a user-friendly web-based legal resource center,
involving developed and developing country jurists, to assess,
promote, and implement the integration of international
social, economic and environmental law. Second is to carry
out legal research and capacity building in international
sustainable development law (ISDL) to assist governments,
NGOs, judges and local a community effectively addressing
inter-linked environmental, economic and social challenges.
And third is to produce a series of policy and educational
publications on ISDL, which will be made widely accessible
to scholars, decision-makers and civil society, particularly
in developing countries.
Other
Partnerships
In addition to, a number of other initiatives may have an
enforcement and/or compliance component. The Medit-Air-aneo,
lead by the Italian National Agency for Environmental Protection,
will assist Mediterranean counties develop GHG inventories.
The ASEAN Mineral Database project, lead by the Indonesian
Ministry of Energy and Mineral Resources, seeks to, inter
alia, strengthen cooperation of related and competent institutions
on mining and minerals in formulating regulations and policies
of mineral resources management. Indonesia is also leading
the Initiative to Lessen Marine Pollution in Indonesian
Waters that hopes to, inter alia, facilitate
effective regulation of marine biological resources. The
United Nations Institute for Training and Research is launching
a Global Partnership for Capacity Building to Implement
the Globally Harmonized System for Chemical Classification
and Labeling. In addition, the Central Asian Interstate
Commission on Sustainable Development is launching the Central
Asian Initiative on Preparation and Implementation of Sub-Regional
Agenda 21 as a Model for Sub-Regions.
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7.
Implications for INECE
Ensuring that the Plan of Implementation is successful,
and that the specific targets and timetables are met, will require
full implementation of the commitments made at the Earth Summit
in 1992 and the Johannesburg Summit in 2002, as well as the rest
of the body of law on environmental protection and sustainable
development, at all levels of government. This in turn imposes
a tremendous responsibility on those involved with the enforcement
of these laws, starting with the government officials who have
the primary responsibility for law enforcement, but also on NGOs,
the general public, and the business sector. INECE will need to
redouble its efforts to do its part in meeting this challenge
[1]
The Johannesburg Summit, 26 August to 4 September,
brought together more than 21,000 participants from 191 governments,
international and non-governmental organizations, the private
sector, and academia.
[11]
Id. at para. 19 (“To halve, by
the year 2015, the proportion of the world’s people whose income
is less than one dollar a day and the proportion of people who
suffer from hunger and, by the same date, to halve the proportion
of people who are unable to reach or to afford safe drinking water.”).
[14]
The EU is already investing €1.4 billion a
year in water-related development aid and scientific cooperation.
Through this project, the EU will “ increase financial resources
over the coming years.” For
more information visit http://europa.eu.int/comm/development/events_en.htm.
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