Who's Online

We have 957 guests online

Popular

1943 readings
sdg goal 17: Strengthening Means of Implementation Through Complying with International Peremptory Norms PDF Print E-mail
Justice News
Posted by Joan Russow
Monday, 12 October 2015 10:15

Sdg Goal  17  strengthening means of implementation through complying  with international peremptory norms 

By Joan Russow

Global Compliance Research project

 

The SDG will be undermined by the failure, of states to abide by international peremptory norms, to ratify international covenants and conventions, to discharge obligations under conventions covenants and treaties, to act on commitments from Conference  Action plans, to rescind many trade agreements, and to redefine what constitutes true security. Throughout the years there have been proposed measures for implementation of obligations and commitments. The following is a survey of commitments and obligations precedents related to “implementation” 

While usually the whole article will be included, the references specifically to ‘implementation” will be highlighted in Green. Note this survey became extensive, especially in relation to Agenda 21 which contained  over 700 references to “implementation”. In assessing the implementation of the SDGs, it is important to re-examine commitments made and obligations incurred through previous 

 

****1NTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS

 

Article 40

1. The States Parties to the present Covenant undertake to submit reports on the measures they have adopted which give effect to the rights recognized herein and on the progress made in the enjoyment of those rights: (a) Within one year of the entry into force of the present Covenant for the States Parties concerned;

(b) Thereafter whenever the Committee so requests.

2. All reports shall be submitted to the Secretary-General of the United Nations, who shall transmit them to the Committee for consideration. Reports shall indicate the factors and difficulties, if any, affecting the implementation of the present Covenant.

****1966 International Covenant on Economic, Social and Cultural Rights

Article 14

Each State Party to the present Covenant which, at the time of becoming a Party, has not been able to secure in its metropolitan territory or other territories under its jurisdiction compulsory primary education, free of charge, undertakes, within two years, to work out and adopt a detailed plan of action for the progressive implementation, within a reasonable number of years, to be fixed in the plan, of the principle of compulsory education free of charge for all.

Article 18

Pursuant to its responsibilities under the Charter of the United Nations in the field of human rights and fundamental freedoms, the Economic and Social Council may make arrangements with the specialized agencies in respect of their reporting to it on the progress made in achieving the observance of the provisions of the present Covenant falling within the scope of their activities. These reports may include particulars of decisions and recommendations on such implementation adopted by their competent organs.

Article 22

The Economic and Social Council may bring to the attention of other organs of the United Nations, their subsidiary organs and specialized agencies concerned with furnishing technical assistance any matters arising out of the reports referred to in this part of the present Covenant which may assist such bodies in deciding, each within its field of competence, on the advisability of international measures likely to contribute to the effective progressive implementation of the present Covenant.

 

**** UNITED NATIONS NFERENCE ON THE HUMAN ENVIRONMENT

Recommendation 5

It is recommended: (a) That Governments take steps to arrange for the exchange of visits by those who are conducting research in the public or private institutions of their countries;

(b) That Governments and the Secretary-General ensure the acceleration of the exchange of information concerning past and on-going research, experimentation and project implementation covering all aspects of human settlements, which is conducted by the United Nations system

Recommendation 53

It is recommended that the Secretary-General take steps to ensure that the United Nations system is prepared to provide technical and financial assistance to Governments when requested in the different functions of water resources management: (a) Surveys and inventories; (b) Water resources administration and policies, including: (i) The establishment of institutional frameworks; (ii) Economic structures of water resources management and development; (iii) Water resources law and legislation;

(c) Planning and management techniques, including: (i) The assignment of water quality standards;

 eii) The implementation of appropriate technology;

 

Recommendation 60

It is recommended that the Secretary~General, in cooperation with Governments concerned and the appropriate international agencies, arrange for systematic audits of natural resource development projects in representative ecosystems of international significance to be undertaken jointly with the Governments concerned after, and where feasible before, the implementation of such projects.

 

Recommendation 74

(iii) Development and implementation of an international intercalibration programme for sampling and analytical techniques' to permit more meaningful comparisons of national data;

(b) That the World Health Organization co-ordinate the development and implementation of an appropriate international, collection and dissemination system to correlate medical, environmental and family-history data;

Recommendation 84

(e) Encouragement of the establishment of consultation mechanisms for speedy implementation of concerted abatement programmes with particular emphasis on regional activities.

Recommendation 101

 It is recommended that the Secretary-General take the appropriate steps, including the convening of an expert meeting, to organize an International Referral Service for sources of environmental information, taking into account the model described in paragraphs 129 to 136 of the report on educational, informational, social and cultural aspects of environmental issues (A/CONF.48/9), in order to assist in the successful implementation of all the recommendations made in respect of those aspects of environmental issues and of most of the recommendations envisaged in the other substantive subject areas covered in the Conference agenda.

GOVERNING COUNCIL FOR ENVIRONMENTAL PROGRAMMES

1. Recommends that the General Assembly establish the Governing Council for Environmental Programmes composed of 54 members.elected for three-year terms on the basis of equitable geographical distribution;

2. Recommends further that the Governing Council have the following main functions and responsibilities: (a) To promote international co-operation in the environment field and to recommend, as appropriate. policies to this end; (b) To provide general policy guidance for the direction and co-ordination of environmental programmes within the United Nations system;

(c) To receive and review the periodic reports of the Executive Director on the implementation of environmental programmes within the United Nations system;

2. Recommends further that the Governing Council have the following main functions and responsibilities: (a) To promote international co-operation in the environment field and to recommend, as appropriate. policies to this end; (b) To provide general policy guidance for the direction and co-ordination of environmental programmes within the United Nations system;

(c) To receive and review the periodic reports of the Executive Director on the implementation of environmental programmes within the United Nations system; (d) To keep under review the world environmental situation in order to ensure that emerging environmental problems of wide international significance should receive approI1riate and adequate consideration by Governments; v

(e) To promote the contribution of the relevant international scientific and other professional communities to the acquisition, assessment and exchange of environmental knowledge and information and, as appropriate, to the technical aspects of the formulation and implementation of environmental programmes within the United Nations system;

4. Recommends that a small secretariat be established in the United Nations to serve as a focal point for environmental action and co-ordination within the United Nations system in such a way as to ensure a high degree of effective management; 5. Recommends further that the environment secretariat be headed by the Executive Director, who shall be elected by the General Assembly on the nomination of the Secretary-General, and who shall be entrusted, inter alia, with the following responsibilities:

(a) To provide substantive support to the Governing Council;

(b) Under the guidance of the Governing Council, to co-ordinate environmental programmes within the United Nations system, to keep under review their implementation and assess their effectiveness;

(c) To advise, as appropriate and under the guidance of the Governing Council, intergovernmental bodies of the United Nations system on the formulation and implementation of environmental programmes;

 

8. Recommends that the Fund be used for financing such programmes of general interest as regional and global monitoring, assessment and data-collecting systems, including, as appropriate, costs for national counterparts; improvement of environmental quality management; environmental research; information exchange and dissemination; public education and training; assistance for national, regional and global environmental institutions; promotion of environmental research and studies for the development of industrial and other technologies best suited to a policy of economic growth compatible with adequate environmental safeguards; and such other programmes as the Governing Council may decide upon. In the implementation of such programmes due account should be taken of the special needs of the developing countries;

12. Recommends that, in the implementation of programmes to be financed by the Fund, organizations outside the United Nations system, particularly those in the countries and regions concerned, also be utilized as appropriate, in accordance with the procedures established by the Governing Council; such organizations are invited to support the United Nations environmental programmes, by complementary initiatives and contributions;

IV CO-ORDINATION

14. Recommends that in order to provide for the maximum efficient co-ordination of United Nations environmental programmes, an Environmental Coordinating Board, chaired by the Executive Director, be established under the auspices and within the framework of the Administrative Committee on Co-ordination;

15. Recommends further that the Environmental Coordinating Board meet periodically for the purpose of ensuring co-operation and co-ordination among all bodies concerned in the implementation of environmental programmes and that it report annually to the Governing Council;

17. Invites the regional economic commissions and the Economic and Social Office in Beirut, in co-operation 31 where necessary with other appropriate regional bodies, to intensify further their efforts directed towards contributing to the implementation of environmental programmes in view of the particular need for rapid development of regional co-operation in this field;

****1979 CONVENTION ON THE ELIMINATION ON ALL FORMS OF DISCRIMINATION  AGAINST WOMEN

The implementation of the Convention is monitored by the Committee on the Elimination of Discrimination against Women (CEDAW). The Committee's mandate and the administration of the treaty are defined in the Articles 17 to 30 of the Convention. The Committee is composed of 23 experts nominated by their Governments and elected by the States parties as individuals "of high moral standing and competence in the field covered by the Convention".

At least every four years, the States parties are expected to submit a national report to the Committee, indicating the measures they have adopted to give effect to the provisions of the Convention. During its annual session, the Committee members discuss these reports with the Government representatives and explore with them areas for further action by the specific country. The Committee also makes general recommendations to the States parties on matters concerning the elimination of discrimination against women.

The full text of the Convention is set out herein:

 

PART II

Article 7

States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right: (a) To vote in all elections and public referenda and to be eligible for election to all publicly elected bodies;

(b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government;

(c) To participate in non-governmental organizations and associations concerned with the public and political life of the country.

Article 14 1. States Parties shall take into account the particular problems faced by rural women and the significant roles which rural women play in the economic survival of their families, including their work in the non-monetized sectors of the economy, and shall take all appropriate measures to ensure the application of the provisions of the present Convention to women in rural areas.

2. States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right:

(a) To participate in the elaboration and implementation of development planning at all levels;

PART V

Article 17

1.    For the purpose of considering the progress made in the implementation of the present Convention, there shall be established a Committee on the Elimination of Discrimination against Women (hereinafter referred to as the Committee) consisting, at the time of entry into force of the Convention, of eighteen and, after ratification of or accession to the Convention by the thirty-fifth State Party, of twenty-three experts of high moral standing and competence in the field covered by the Convention. The experts shall be elected by States Parties from among their nationals and shall serve in their personal capacity, consideration being given to equitable geographical distribution and to the representation of the different forms of civilization as well as the principal legal systems.

 

Article 22

The specialized agencies shall be entitled to be represented at the consideration of the implementation of such provisions of the present Convention as fall within the scope of their activities. The Committee may invite the specialized agencies to submit reports on the implementation of the Convention in areas falling within the scope of their activities.

 

****1982 WORLD CHARTER  OF NATURE

II.  FUNCTIONS

 

     6.   In the decision-making process it shall be recognized that man's

needs can be met only by ensuring the proper functioning of natural systems

and by respecting the principles set forth in the present Charter.

 

     7.   In the planning and implementation of social and economic

development activities, due account shall be taken of the fact that the

conservation of nature is an integral part of those activities.

 

III.  IMPLEMENTATION

 

     14.  The principles set forth in the present Charter shall be reflected

in the law and practice of each State, as well as at the international level.

 

     15.  Knowledge of nature shall be broadly disseminated by all possible

means, particularly by ecological education as an integral part of general

education.

 

     16.  All planning shall include, among its essential elements, the

formulation of strategies for the conservation of nature, the establishment of inventories of ecosystems and assessments of the effects on nature of proposed policies and activities; all of these elements shall be disclosed to the public by appropriate means in time to permit effective consultation and

participation.

 

     17.  Fund programmes and administrative structures necessary to achieve

 

 

the objective of the conservation of nature shall be provided.

 

     18.  Constant efforts shall be made to increase knowledge of nature by

scientific research and to disseminate such knowledge unimpeded by

restrictions of any kind.

 

     19.  The status of natural processes, ecosystems and species shall be

closely monitored to enable early detection of degradation or threat, ensure

timely intervention and facilitate the evaluation of conservation policies and

methods.

 

     20.  Military activities damaging to nature shall be avoided.

 

     21.  States and, to the extent they are able, other public authorities,

international organizations, individuals, groups and corporations shall:

 

     (a)  Co-operate in the task of conserving nature through common

activities and other relevant actions, including information exchange and

consultations;

 

     (b)  Establish standards for products and manufacturing processes that

may have adverse effects on nature, as well as agreed methodologies for

assessing these effects;

 

     (c)  Implement the applicable international legal provisions for the

conservation of nature and the protection of the environment;

 

     (d)  Ensure that activities within their jurisdictions or control do not

cause damage to the natural systems located within other States or in the

areas beyond the limits of national jurisdiction;

 

     (e)  Safeguard and conserve nature in areas beyond national jurisdiction.

 

     22.  Taking fully into account the sovereignty of States over their

natural resources, each State shall give effect to the provisions of the

present Charter through its competent organs and in co-operation with other

States.

 

     23.  All persons, in accordance with their national legislation, shall

have the opportunity to participate, individually or with others, in the

formulation of decisions of direct concern to their environment, and shall

have access to means of redress when their environment has suffered damage or

degradation.

 

     24.  Each person has a duty to act in accordance with the provisions of

the present Charter; acting individually, in association with others or

through participation in the political process, each person shall strive to

ensure that the objectives and requirements of the present Charter are met.

     

****1982  LAW OF THE SEAS

i the possible adverse effects of sea-level rise on islands and coastal areas, particularly low-lying coastal areas and the pertinent provisions of General Assembly resolution 44/172 of 19 December 1989 on the implementation of the Plan of Action to Combat Desertification,

Article 66 Anadromous stocks 1. States in whose rivers anadromous stocks originate shall have the primary interest in and responsibility for such stocks

4. In cases where anadromous stocks migrate into or through the waters landward of the outer limits of the exclusive economic zone of a State other than the State of origin, such State shall cooperate with the State of origin with regard to the conservation and management of such stocks.

5. The State of origin of anadromous stocks and other States fishing these stocks shall make arrangements for the implementation of the provisions of this article, where appropriate, through regional organizations.

Article 70 Right of geographically disadvantaged States

1. Geographically disadvantaged States shall have the right to participate, on an equitable basis, in the exploitation of an appropriate part of the surplus of the living resources of the exclusive economic zones of coastal States of the same subregion or region, taking into account the relevant economic and geographical circumstances of all the States concerned and in conformity with the provisions of this article and of articles 61 and 62.

2. For the purposes of this Part, "geographically disadvantaged States" means coastal States, including States bordering enclosed or semi-enclosed seas, whose geographical situation makes them dependent upon the exploitation of the living resources of the exclusive economic zones of other States in the subregion or region for adequate supplies of fish for the nutritional purposes of their populations or parts thereof, and coastal States which can claim no exclusive economic zones of their own. 51

3. The terms and modalities of such participation shall be established by the States concerned through bilateral, subregional or regional agreements taking into account, inter alia:

(a) the need to avoid effects detrimental to fishing communities or fishing industries of the coastal State;

(b) the extent to which the geographically disadvantaged State, in accordance with the provisions of this article, is participating or is entitled to participate under existing bilateral, subregional or regional agreements in the exploitation of living resources of the exclusive economic zones of other coastal States

; (c) the extent to which other geographically disadvantaged States and land-locked States are participating in the exploitation of the living resources of the exclusive economic zone of the coastal State and the consequent need to avoid a particular burden for any single coastal State or a part of it;

(d) the nutritional needs of the populations of the respective States.

 

4. When the harvesting capacity of a coastal State approaches a point which would enable it to harvest the entire allowable catch of the living resources in its exclusive economic zone, the coastal State and other States concerned shall cooperate in the establishment of equitable arrangements on a bilateral, subregional or regional basis to allow for participation of developing geographically disadvantaged States of the same subregion or region in the exploitation of the living resources of the exclusive economic zones of coastal States of the subregion or region, as may be appropriate in the circumstances and on terms satisfactory to all parties. In the implementation of this provision the factors mentioned in paragraph 3 shall also be taken into account.

 

5. Developed geographically disadvantaged States shall, under the provisions of this article, be entitled to participate in the exploitation of living resources only in the exclusive economic zones of developed coastal States of the same subregion or region having regard to the extent to which the coastal State, in giving access to other States to the living resources of its exclusive economic zone, has taken into account the need to minimize detrimental effects on fishing communities and economic dislocation in States whose nationals have habitually fished in the zone.

6. The above provisions are without prejudice to arrangements agreed upon in subregions or regions where the coastal States may grant to geographically disadvantaged States of the same subregion or region equal or preferential rights for the exploitation of the living resources in the exclusive economic zones.

Article 119 Conservation of the living resources of the high seas

1. In determining the allowable catch and establishing other conservation measures for the living resources in the high seas, States shall:

(a) take measures which are designed, on the best scientific evidence available to the States concerned, to maintain or restore populations of harvested species at levels which can produce the maximum sustainable yield, as qualified by relevant environmental and economic factors, including the special requirements of developing States, and taking into account fishing patterns, the interdependence of stocks and any generally recommended international minimum standards, whether subregional, regional or global;

(b) take into consideration the effects on species associated with or dependent upon harvested species with a view to maintaining or restoring populations of such associated or dependent species above levels at which their reproduction may become seriously threatened.

2. Available scientific information, catch and fishing effort statistics, and other data relevant to the conservation of fish stocks shall be contributed and exchanged on a regular basis through competent international organizations, whether subregional, regional or global, where appropriate and with participation by all States concerned.

3. States concerned shall ensure that conservation measures and their implementation do not discriminate in form or in fact against the fishermen of any State.

 

Article 123 Cooperation of States bordering enclosed or semi-enclosed seas States bordering an enclosed or semi-enclosed sea should cooperate with each other in the exercise of their rights and in the performance of their duties under this Convention. To this end they shall endeavour, directly or through an appropriate regional organization:

(a) to coordinate the management, conservation, exploration and exploitation of the living resources of the sea;

(b) to coordinate the implementation of their rights and duties with respect to the protection and preservation of the marine environment;

(c) to coordinate their scientific research policies and undertake where appropriate joint programmes of scientific research in the area;

(d) to invite, as appropriate, other interested States or international organizations to cooperate with them in furtherance of the provisions of this artic

Article 139 Responsibility to ensure compliance and liability for damage

1. States Parties shall have the responsibility to ensure that activities in the Area, whether carried out by States Parties, or state enterprises or natural or juridical persons which possess the nationality of States Parties or are effectively controlled by them or their nationals, shall be carried out in conformity with this Part. The same responsibility applies to international organizations for activities in the Area carried out by such organizations.

 

2. Without prejudice to the rules of international law and Annex III, article 22, damage caused by the failure of a State Party or international organization to carry out its responsibilities under this Part shall entail liability; States Parties or international organizations acting together shall bear joint and several liability. A State Party shall not however be liable for damage caused by any failure to comply with this Part by a person whom it has sponsored under article 153, paragraph 2(b), if the State Party has taken all necessary and appropriate measures to secure effective compliance under article 153, paragraph 4, and

Annex III,

article 4, paragraph 4. 3. States Parties that are members of international organizations shall take appropriate measures to ensure the implementation of this article with respect to such organizations.

 

Article 162 Powers and functions 1. The Council is the executive organ of the Authority. The Council shall have the power to establish, in conformity with this Convention and the general policies established by the Assembly, the specific policies to be pursued by the Authority on any question or matter within the competence of the Authority.

2. In addition, the Council shall:

(a) supervise and coordinate the implementation of the provisions of this Part on all questions and matters within the competence of the Authority and invite the attention of the Assembly to cases of non-compliance;

(b) propose to the Assembly a list of candidates for the election of the Secretary-General; 87

 

(c) recommend to the Assembly candidates for the election of the members of the Governing Board of the Enterprise and the Director-General of the Enterprise;

 

(d) establish, as appropriate, and with due regard to economy and efficiency, such subsidiary organs as it finds necessary for the exercise of its functions in accordance with this Part. In the composition of subsidiary organs, emphasis shall be placed on the need for members qualified and competent in relevant technical matters dealt with by those organs provided that due account shall be taken of the principle of equitable geographical distribution and of special interests;

(e) adopt its rules of procedure including the method of selecting its president;

(f) enter into agreements with the United Nations or other international organizations on behalf of the Authority and within its competence, subject to approval by the Assembly;

(g) consider the reports of the Enterprise and transmit them to the Assembly with its recommendations;

(h) present to the Assembly annual reports and such special reports as the Assembly may request;

(i) issue directives to the Enterprise in accordance with article 170; (j) approve plans of work in accordance with Annex III, article 6. The Council shall act upon each plan of work within 60 days of its submission by the Legal and Technical Commission at a session of the Council in accordance with the following procedures:

(i) if the Commission recommends the approval of a plan of work, it shall be deemed to have been approved by the Council if no member of the Council submits in writing to the President within 14 days a specific objection alleging non-compliance with the requirements of Annex III, article 6. If there is an objection, the conciliation procedure set forth in article 161, paragraph 8(e), shall apply. If, at the end of the conciliation procedure, the objection is still maintained, the plan of work shall be deemed to have been approved by the Council unless the Council disapproves it by consensus among its members excluding any State or States making the application or sponsoring the applicant;

(ii) if the Commission recommends the disapproval of a plan of work or does not make a recommendation, the Council may approve the plan of work by a three-fourths majority of the members present and voting, provided that such majority includes a majority of the members participating in the session;

(k) approve plans of work submitted by the Enterprise in accordance with Annex IV, article 12, applying, mutatis mutandis, the procedures set forth in subparagraph (j); (l) exercise control over activities in the Area in accordance with article 153, paragraph 4, and the rules, regulations and procedures of the Authority; (m) take, upon the recommendation of the Economic Planning Commission, necessary and appropriate measures in accordance 88 with article 150, subparagraph (h), to provide protection from the adverse economic effects specified therein; (n) make recommendations to the Assembly, on the basis of advice from the Economic Planning Commission, for a system of compensation or other measures of economic adjustment assistance as provided in article 151, paragraph 10; (o) (i) recommend to the Assembly rules, regulations and procedures on the equitable sharing of financial and other economic benefits derived from activities in the Area and the payments and contributions made pursuant to article

82, taking into particular consideration the interests and needs of the developing States and peoples who have not attained full independence or other self-governing status;

(ii) adopt and apply provisionally, pending approval by the Assembly, the rules, regulations and procedures of the Authority, and any amendments thereto, taking into account the recommendations of the Legal and Technical Commission or other subordinate organ concerned. These rules, regulations and procedures shall relate to prospecting, exploration and exploitation in the Area and the financial management and internal administration of the Authority. Priority shall be given to the adoption of rules, regulations and procedures for the exploration for and exploitation of polymetallic nodules. Rules, regulations and procedures for the exploration for and exploitation of any resource other than polymetallic nodules shall be adopted within three years from the date of a request to the Authority by any of its members to adopt such rules, regulations and procedures in respect of such resource. All rules, regulations and procedures shall remain in effect on a provisional basis until approved by the Assembly or until amended by the Council in the light of any views expressed by the Assembly

Article 165 The Legal and Technical Commission 1. Members of the Legal and Technical Commission shall have appropriate qualifications such as those relevant to exploration for and exploitation and processing of mineral resources, oceanology, protection of the marine environment, or economic or legal matters relating to ocean mining and related fields of expertise. The Council shall endeavour to ensure that the membership of the Commission reflects all appropriate qualifications.

2. The Commission shall: (a) make recommendations with regard to the exercise of the Authority's functions upon the request of the Council;

(b) review formal written plans of work for activities in the Area in accordance with article 153, paragraph 3, and submit appropriate recommendations to the Council. The Commission shall base its recommendations solely on the grounds stated in Annex III and shall report fully thereon to the Council; (c) supervise, upon the request of the Council, activities in the Area, where appropriate, in consultation and collaboration with any entity carrying out such activities or State or States concerned and report to the Council;

(d) prepare assessments of the environmental implications of activities in the Area;

(e) make recommendations to the Council on the protection of the marine environment, taking into account the views of recognized experts in that field;

(f) formulate and submit to the Council the rules, regulations and procedures referred to in article 162, paragraph 2(o), taking into account all relevant factors including assessments of the environmental implications of activities in the Area;

(g) keep such rules, regulations and procedures under review and recommend to the Council from time to time such amendments thereto as it may deem necessary or desirable;

(h) make recommendations to the Council regarding the establishment of a monitoring programme to observe, measure, evaluate and analyse, by recognized scientific methods, on a regular basis, the risks or effects of pollution of the marine environment resulting from activities in the Area, ensure that existing regulations are adequate and are complied with and coordinate the implementation of the monitoring programme approved by the Council;

(i) recommend to the Council that proceedings be instituted on behalf of the Authority before the Seabed Disputes Chamber, in accordance with this Part and the relevant Annexes taking into account particularly article 187;

(j) make recommendations to the Council with respect to measures to be taken, upon a decision by the Seabed Disputes Chamber in proceedings instituted in accordance with subparagraph (i);

(k) make recommendations to the Council to issue emergency orders, which may include orders for the suspension or adjustment of operations, to prevent serious harm to the marine environment arising out of activities in the Area. Such 92 recommendations shall be taken up by the Council on a priority basis; (l) make recommendations to the Council to disapprove areas for exploitation by contractors or the Enterprise in cases where substantial evidence indicates the risk of serious harm to the marine environment;

(m) make recommendations to the Council regarding the direction and supervision of a staff of inspectors who shall inspect activities in the Area to determine whether the provisions of this Part, the rules, regulations and procedures of the Authority, and the terms and conditions of any contract with the Authority are being complied with;

(n) calculate the production ceiling and issue production authorizations on behalf of the Authority pursuant to article 151, paragraphs 2 to 7, following any necessary selection among applicants for production authorizations by the Council in accordance with Annex III, article 7. 3. The members of the Commission shall, upon request by any State Party or other party concerned, be accompanied by a representative of such State or other party concerned when carrying out their function of supervision

Article 217 Enforcement by flag State

1. States shall ensure compliance by vessels flying their flag or of their registry with applicable international rules and standards, established through the competent international organization or general diplomatic conference, and with their laws and regulations adopted in accordance with this Convention for the prevention, reduction and control of pollution of the marine environment from vessels and shall accordingly adopt laws and regulations and take other measures necessary for their implementation. Flag States shall provide for the effective enforcement of such rules, standards, laws and regulations, irrespective of where a violation occurs.

2. States shall, in particular, take appropriate measures in order to ensure that vessels flying their flag or of their registry are prohibited from sailing, until they can proceed to sea in compliance with the requirements of the international rules and standards referred to in paragraph 1, including requirem

 

SECTION 9. RESPONSIBILITY AND LIABILITY Article 235 Responsibility and liability 1. States are responsible for the fulfilment of their international obligations concerning the protection and preservation of the marine environment. They shall be liable in accordance with international law.

2. States shall ensure that recourse is available in accordance with their legal systems for prompt and adequate compensation or other relief in respect of damage caused by pollution of the marine environment by natural or juridical persons under their jurisdiction.

3. With the objective of assuring prompt and adequate compensation in respect of all damage caused by pollution of the marine environment, States shall cooperate in the implementation of existing international law and the further development of international law relating to responsibility and liability for the assessment of and compensation for damage and the settlement of related disputes, as well as, where appropriate, development of criteria and procedures for payment of adequate compensation, such as compulsory insurance or compensation funds.

ANNEX VIII. SPECIAL ARBITRATION Article 1 Institution of proceedings Subject to Part XV, any party to a dispute concerning the interpretation or application of the articles of this Convention relating to (1) fisheries,

(2) protection and preservation of the marine environment,

(3) marine scientific research, or

(4) navigation, including pollution from vessels and by dumping, may submit the dispute to the special arbitral procedure provided for in this Annex by written notification addressed to the other party or parties to the dispute.The notification shall be accompanied by a statement of the claim and the grounds on which it is based.

Article 2 Lists of experts

1. A list of experts shall be established and maintained in respect of each of the fields of

(1) fisheries, (2) protection and preservation of the marine environment,

(3) marine scientific research, and

(4) navigation, including pollution from vessels and by dumping.

2. The lists of experts shall be drawn up and maintained, in the field of fisheries by the Food and Agriculture Organization of the United Nations, in the field of protection and preservation of the marine environment by the United Nations Environment Programme, in the field of marine scientific research by the Intergovernmental Oceanographic Commission, in the field of navigation, including pollution from vessels and by dumping, by the International Maritime Organization, or in each case by the appropriate 191 subsidiary body concerned to which such organization, programme or commission has delegated this function.

3. Every State Party shall be entitled to nominate two experts in each field whose competence in the legal, scientific or technical aspects of such field is established and generally recognized and who enjoy the highest reputation for fairness and integrity. The names of the persons so nominated in each field shall constitute the appropriate list.

4. If at any time the experts nominated by a State Party in the list so constituted shall be fewer than two, that State Party shall be entitled to make further nominations as necessary. 5. The name of an expert shall remain on the list until withdrawn by the State Party which made the nomination, provided that such expert shall continue to serve on any special arbitral tribunal to which that expert has been appointed until the completion of the proceedings before that special arbitral tribunal.

Article 3 Constitution of special arbitral tribunal For the purpose of proceedings under this Annex, the special arbitral tribunal shall, unless the parties otherwise agree, be constituted as follows:

(a) Subject to subparagraph (g), the special arbitral tribunal shall consist of five members. (b) The party instituting the proceedings shall appoint two members to be chosen preferably from the appropriate list or lists referred to in article 2 of this Annex relating to the matters in dispute, one of whom may be its national. The appointments shall be included in the notification referred to in article 1 of this Annex.

(c) The other party to the dispute shall, within 30 days of receipt of the notification referred to in article 1 of this Annex, appoint two members to be chosen preferably from the appropriate list or lists relating to the matters in dispute, one of whom may be its national. If the appointments are not made within that period, the party instituting the proceedings may, within two weeks of the expiration of that period, request that the appointments be made in accordance with subparagraph (e).

(d) The parties to the dispute shall by agreement appoint the President of the special arbitral tribunal, chosen preferably from the appropriate list, who shall be a national of a third State, unless the parties otherwise agree. If, within 30 days of receipt of the notification referred to in article l of this Annex, the parties are unable to reach agreement on the appointment of the President, the appointment shall be made in accordance with subparagraph (e), at the request of a party to the dispute. Such request shall be made within two weeks of the expiration of the aforementioned 30-day period.

(e) Unless the parties agree that the appointment be made by a person or a third State chosen by the parties, the Secretary-General of the United Nations shall make the necessary appointments within 30 days of receipt of a request under subparagraphs

(c) and

(d). The appointments referred to in this subparagraph shall be made from the appropriate list or lists of experts referred to in article 2 of this Annex and in consultation with the parties to the dispute and the 192 appropriate international organization. The members so appointed shall be of different nationalities and may not be in the service of, ordinarily resident in the territory of, or nationals of, any of the parties to the dispute.

(f) Any vacancy shall be filled in the manner prescribed for the initial appointment.

(g) Parties in the same interest shall appoint two members of the tribunal jointly by agreement. Where there are several parties having separate interests or where there is disagreement as to whether they are of the same interest, each of them shall appoint one member of the tribunal. (h) In disputes involving more than two parties, the provisions of subparagraphs (a) to (f) shall apply to the maximum extent possible.

 

 

****1985 Vienna Convention for the protection of the Ozone layer

Article 2

                         General Obligations

 

1. The Parties shall take appropriate measures in accordance with the

provisions of this Convention and of those protocols in force to which they

are party to protect human health and the environment against adverse

effects resulting or likely to result from human activities which modify or

are likely to modify the ozone layer.

 

2. To this end the Parties shall, in accordance with the means at their

disposal and their capabilities:

 

 (a) Co-operate by means of systematic observations, research and

     information exchange in order to better understand and assess the

     effects of human activities on the ozone layer and the effects on

     human health and the environment from modification of the ozone layer

 (b) Adopt appropriate legislative or administrative measures and

     co-operate in harmonizing appropriate policies to control, limit,

     reduce or prevent human activities under their. jurisdiction or

     control should it be found that these activities have or are likely

     to have adverse effects resulting from modification or likely

     modification of the ozone layer;

 (c) Co-operate in the formulation of agreed measures, procedures and

     standards for the implementation of this Convention, with a view to

     the adoption of protocols and annexes;

 (d) Co-operate with competent international bodies to implement

     effectively this Convention and protocols to which they are party.

 

Article 5

                     Transmission of Information

 

The Parties shall transmit, through the secretariat, to the Conference of

the Parties established under article 6 information on the measures adopted by them in implementation of this Convention and of protocols to which they are party in such form and at such intervals as the meetings of the partiesto the relevant instruments may determine.

Article 6

                      Conference of the Parties

 

The Conference of the Parties shall keep under continuous review the

implementation of this Convention, and, in addition, shall:

 

 (a) Establish the form and the intervals for transmitting the information

     to be submitted in accordance with article 5 and consider such

     information as well as reports submitted by any subsidiary body;

 (b) Review the scientific information on the ozone layer, on its possible

     modification and on possible effects of any such modification;

 (c) Promote, in accordance with article 2, the harmonization of

     appropriate policies, strategies and measures for minimizing the

     release of substances causing or likely to cause modification of the

     ozone layer, and make recommendations on any other measures relating

     to this Convention;

 (d) Adopt, in accordance with articles 3 and 4, programmes for research,

     systematic observations, scientific and technological co-operation,

     the exchange of information and the transfer of technology and

     knowledge;

 (e) Consider and adopt, as required, in accordance with articles 9 and

     10, amendments to this Convention and its annexes;

 (f) Consider amendments to any protocol, as well as to any annexes

     thereto, and, if so decided, recommend their adoption to the parties

     to the protocol concerned;

 (g) Consider and adopt, as required, in accordance with article 10,

     additional annexes to this Convention;

 (h) Consider and adopt, as required, protocols in accordance with article

     8;

 (i) Establish such subsidiary bodies as are deemed necessary for the

     implementation of this Convention;

 (j)Seek, where appropriate, the services of competent international

     bodies and scientific committees, in particular the World

     Meteorological Organization and the World Health Organization, as

     well as the Co-ordinating Committee on the Ozone Layer, in scientific

     research, systematic observations and other activities pertinent to

     the objectives of this Convention, and make use as appropriate of

     information from these bodies and committees;

 (k) Consider and undertake any additional action that may be required for

     the achievement of the purposes of this Convention.

 

****1992 UN FRAMEWORK CONVENTION ON CLIMATE CHANGE

Recalling also the provisions of General Assembly resolution 44/206 of 22 December 1989 on the possible adverse effects of sea-level rise on islands and coastal areas, particularly low-lying coastal areas and the pertinent provisions of General Assembly resolution 44/172 of 19 December 1989 on the implementation of the Plan of Action to Combat Desertification, 

Article 4 COMMITMENTS 

(j) Communicate to the Conference of the Parties information related to implementation, in accordance with Article 12. 

Article 4 COMMITMENTS

1. All Parties, taking into account their common but differentiated responsibilities and their specific national and regional development priorities, objectives and circumstances, shall: 

(a) Develop, periodically update, publish and make available to the Conference of the Parties, in accordance with Article 12, national inventories of anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol, using comparable methodologies to be agreed upon by the Conference of the Parties;

(b) Formulate, implement, publish and regularly update national and, where appropriate, regional programmes containing measures to mitigate climate change by addressing anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol, and measures to facilitate adequate adaptation to climate change;

(c) Promote and cooperate in the development, application and diffusion, including transfer, of technologies, practices and processes that control, reduce or prevent anthropogenic emissions of greenhouse gases not controlled by the Montreal Protocol in all relevant sectors, including the energy, transport, industry, agriculture, forestry and waste management sectors;

(d) Promote sustainable management, and promote and cooperate in the conservation and enhancement, as appropriate, of sinks and reservoirs of all greenhouse gases not controlled by the Montreal Protocol, including biomass, forests and oceans as well as other terrestrial, coastal and marine ecosystems;

(e) Cooperate in preparing for adaptation to the impacts of climate change; develop and elaborate appropriate and integrated plans for coastal zone management, water resources and agriculture, and for the protection and rehabilitation of areas, particularly in Africa, affected by drought and desertification, as well as floods; - 6 -

(f) Take climate change considerations into account, to the extent feasible, in their relevant social, economic and environmental policies and actions, and employ appropriate methods, for example impact assessments, formulated and determined nationally, with a view to minimizing adverse effects on the economy, on public health and on the quality of the environment, of projects or measures undertaken by them to mitigate or adapt to climate change;

(g) Promote and cooperate in scientific, technological, technical, socio-economic and other research, systematic observation and development of data archives related to the climate system and intended to further the understanding and to reduce or eliminate the remaining uncertainties regarding the causes, effects, magnitude and timing of climate change and the economic and social consequences of various response strategies;

(h) Promote and cooperate in the full, open and prompt exchange of relevant scientific, technological, technical, socio-economic and legal information related to the climate system and climate change, and to the economic and social consequences of various response strategies;

(i) Promote and cooperate in education, training and public awareness related to climate change and encourage the widest participation in this process, including that of non-governmental organizations; and

(j) Communicate to the Conference of the Parties information related to implementation, in accordance with Article 12. 

 

 

2. The developed country Parties and other Parties included in Annex I commit themselves specifically as provided for in the following:

(a) Each of these Parties shall adopt national1 policies and take corresponding measures on the mitigation of climate change, by limiting its anthropogenic emissions of greenhouse gases and protecting and enhancing its greenhouse gas sinks and reservoirs. These policies and measures will demonstrate that developed countries are taking the lead in modifying longer-term trends in anthropogenic emissions consistent with the objective of the Convention, recognizing that the return by the end of the present decade to earlier levels of anthropogenic emissions of carbon dioxide and other greenhouse gases not controlled by the Montreal Protocol would contribute to such modification, and taking into account the differences in these Parties’ starting points and approaches, economic structures and resource bases, the need to maintain strong and sustainable economic growth, available technologies and other individual circumstances, as well as the need for equitable and appropriate contributions by each of these Parties to the global effort regarding that objective. These Parties may implement such policies and measures jointly with other Parties and may assist other Parties in contributing to the achievement of the objective of the Convention and, in particular, that of this subparagraph; 1 This includes policies and measures adopted by regional economic integration organizations. - 7 -

(b) In order to promote progress to this end, each of these Parties shall communicate, within six months of the entry into force of the Convention for it and periodically thereafter, and in accordance with Article 12, detailed information on its policies and measures referred to in subparagraph (a) above, as well as on its resulting projected anthropogenic emissions by sources and removals by sinks of greenhouse gases not controlled by the Montreal Protocol for the period referred to in subparagraph (a), with the aim of returning individually or jointly to their 1990 levels these anthropogenic emissions of carbon dioxide and other greenhouse gases not controlled by the Montreal Protocol. This information will be reviewed by the Conference of the Parties, at its first session and periodically thereafter, in accordance with Article 7;

(c) Calculations of emissions by sources and removals by sinks of greenhouse gases for the purposes of subparagraph (b) above should take into account the best available scientific knowledge, including of the effective capacity of sinks and the respective contributions of such gases to climate change. The Conference of the Parties shall consider and agree on methodologies for these calculations at its first session and review them regularly thereafter;

(d) The Conference of the Parties shall, at its first session, review the adequacy of subparagraphs (a) and (b) above. Such review shall be carried out in the light of the best available scientific information and assessment on climate change and its impacts, as well as relevant technical, social and economic information. Based on this review, the Conference of the Parties shall take appropriate action, which may include the adoption of amendments to the commitments in subparagraphs (a) and (b) above.

The Conference of the Parties, at its first session, shall also take decisions regarding criteria for joint implementation as indicated in subparagraph

(a) above. A second review of subparagraphs (a) and (b) shall take place not later than 31 December 1998, and thereafter at regular intervals determined by the Conference of the Parties, until the objective of the Convention is met; 

 

(e) Each of these Parties shall:

(i) coordinate as appropriate with other such Parties, relevant economic and administrative instruments developed to achieve the objective of the Convention; and (ii) identify and periodically review its own policies and practices which encourage activities that lead to greater levels of anthropogenic emissions of greenhouse gases not controlled by the Montreal Protocol than would otherwise occur;

(f) The Conference of the Parties shall review, not later than 31 December 1998, available information with a view to taking decisions regarding such amendments to the lists in Annexes I and II as may be appropriate, with the approval of the Party concerned;

 

(g) Any Party not included in Annex I may, in its instrument of ratification, acceptance, approval or accession, or at any time thereafter, notify the Depositary that it intends to be bound by subparagraphs (a) and (b) above. The Depositary shall inform the other signatories and Parties of any such notification

 

(h) Promote and cooperate in the full, open and prompt exchange of relevant scientific, technological, technical, socio-economic and legal information related to the climate system and climate change, and to the economic and social consequences of various response strategies;

(i) Promote and cooperate in education, training and public awareness related to climate change and encourage the widest participation in this process, including that of non-governmental organizations; and

(j) Communicate to the Conference of the Parties information related to implementation, in accordance with Article 12. 

3. The developed country Parties and other developed Parties included in Annex II shall provide new and additional financial resources to meet the agreed full costs incurred by developing country Parties in complying with their obligations under Article 12, paragraph 1. They shall also provide such financial resources, including for the transfer of technology, needed by the developing country Parties to meet the agreed full incremental costs of implementing measures that are covered by paragraph 1 of this Article and that are agreed between a developing country Party and the international entity or entities referred to in Article 11, in accordance with that Article. The implementation of these commitments shall take into account the need for adequacy and predictability in the flow of funds and the importance of appropriate burden sharing among the developed country Parties. 

 

4. The developed country Parties and other developed Parties included in Annex II shall also assist the developing country Parties that are particularly vulnerable to the adverse effects of climate change in meeting costs of adaptation to those adverse effects.

 

5. The developed country Parties and other developed Parties included in Annex II shall take all practicable steps to promote, facilitate and finance, as appropriate, the transfer of, or access to, environmentally sound technologies and know-how to other Parties, particularly developing country Parties, to enable them to implement the provisions of the Convention. In this process, the developed country Parties shall support the development and enhancement of endogenous capacities and technologies of developing country Parties. Other Parties and organizations in a position to do so may also assist in facilitating the transfer of such technologies.

6. In the implementation of their commitments under paragraph 2 above, a certain degree of flexibility shall be allowed by the Conference of the Parties to the Parties included in Annex I undergoing the process of transition to a market economy, in order to enhance the ability of these Parties to address climate change, including with regard to the historical level of anthropogenic emissions of greenhouse gases not controlled by the Montreal Protocol chosen as a reference.

7. The extent to which developing country Parties will effectively implement their commitments under the Convention will depend on the effective implementation by developed country Parties of their commitments under the Convention related to financial resources and transfer of technology and will take fully into account that economic and social development and poverty eradication are the first and overriding priorities of the developing country Parties. 8. In the implementation of the commitments in this Article, the Parties shall give full consideration to what actions are necessary under the Convention, including actions related to funding, insurance and the transfer of technology, to meet the specific needs and concerns of developing country Parties arising from the adverse effects of climate change and/or the impact of the implementation of response measures, especially on: 

8. In the implementation of the commitments in this Article, the Parties shall give full consideration to what actions are necessary under the Convention, including actions related to funding, insurance and the transfer of technology, to meet the specific needs and concerns of developing country Parties arising from the adverse effects of climate change and/or the impact of the implementation of response measures, especially on:

(a) Small island countries;

(b) Countries with low-lying coastal areas;

(c) Countries with arid and semi-arid areas, forested areas and areas liable to forest decay; - 

(d) Countries with areas prone to natural disasters;

(e) Countries with areas liable to drought and desertification;

(f) Countries with areas of high urban atmospheric pollution;

(g) Countries with areas with fragile ecosystems, including mountainous ecosystems;

(h) Countries whose economies are highly dependent on income generated from the production, processing and export, and/or on consumption of fossil fuels and associated energy-intensive products; and

(i) Landlocked and transit countries. Further, the Conference of the Parties may take actions, as appropriate, with respect to this paragraph.

9. The Parties shall take full account of the specific needs and special situations of the least developed countries in their actions with regard to funding and transfer of technology.

10. The Parties shall, in accordance with Article 10, take into consideration in the implementation of the commitments of the Convention the situation of Parties, particularly developing country Parties, with economies that are vulnerable to the adverse effects of the implementation of measures to respond to climate change. This applies notably to Parties with economies that are highly dependent on income generated from the production, processing and export, and/or consumption of fossil fuels and associated energy-intensive products and/or the use of fossil fuels for which such Parties have serious difficulties in switching to alternatives. 

 

Article 6 EDUCATION, TRAINING AND PUBLIC AWARENESS In carrying out their commitments under Article 4, paragraph 1 (i), the Parties shall:

(a) Promote and facilitate at the national and, as appropriate, subregional and regional levels, and in accordance with national laws and regulations, and within their respective capacities:

(i) the development and implementation of educational and public awareness programmes on climate change and its effects;

(ii) public access to information on climate change and its effects;

(iii) public participation in addressing climate change and its effects and developing adequate responses; and

(iv) training of scientific, technical and managerial personnel; 

 

(b) Cooperate in and promote, at the international level, and, where appropriate, using existing bodies: (i) the development and exchange of educational and public awareness material on climate change and its effects; and (ii) the development and implementation of education and training programmes, including the strengthening of national institutions and the exchange or secondment of personnel to train experts in this field, in particular for developing countries. 

 

Article 7 CONFERENCE OF THE PARTIES

1. A Conference of the Parties is hereby established.

2. The Conference of the Parties, as the supreme body of this Convention, shall keep under regular review the implementation of the Convention and any related legal instruments that the Conference of the Parties may adopt, and shall make, within its mandate, the decisions necessary to promote the effective implementation of the Convention. To this end, it shall:

(a) Periodically examine the obligations of the Parties and the institutional arrangements under the Convention, in the light of the objective of the Convention, the experience gained in its implementation and the evolution of scientific and technological knowledge;

 

(e) Assess, on the basis of all information made available to it in accordance with the provisions of the Convention, the implementation of the Convention by the Parties, the overall effects of the measures taken pursuant to the Convention, in particular environmental, economic and social effects as well as their cumulative impacts and the extent to which progress towards the objective of the Convention is being achieved; 

(f) Consider and adopt regular reports on the implementation of the Convention and ensure their publication; 

 

(g) Make recommendations on any matters necessary for the implementation of the Convention;

 

(h) Seek to mobilize financial resources in accordance with Article 4, paragraphs 3, 4 and

5, and Article 11;

(i) Establish such subsidiary bodies as are deemed necessary for the implementation of the Convention;

(j) Review reports submitted by its subsidiary bodies and provide guidance to them;

(k) Agree upon and adopt, by consensus, rules of procedure and financial rules for itself and for any subsidiary bodies;

(l) Seek and utilize, where appropriate, the services and cooperation of, and information provided by, competent international organizations and intergovernmental and non-governmental bodies; and

(m) Exercise such other functions as are required for the achievement of the objective of the Convention as well as all other functions assigned to it under the Convention.

 

Article 9 SUBSIDIARY BODY FOR SCIENTIFIC AND TECHNOLOGICAL ADVICE

1. A subsidiary body for scientific and technological advice is hereby established to provide the Conference of the Parties and, as appropriate, its other subsidiary bodies with timely information and advice on scientific and technological matters relating to the Convention. This body shall be open to participation by all Parties and shall be multidisciplinary. It shall comprise government representatives competent in the relevant field of expertise. It shall report regularly to the Conference of the Parties on all aspects of its work.

2. Under the guidance of the Conference of the Parties, and drawing upon existing competent international bodies, this body shall:

(a) Provide assessments of the state of scientific knowledge relating to climate change and its effects;

(b) Prepare scientific assessments on the effects of measures taken in the implementation of the Convention; 

 

Article 10 SUBSIDIARY BODY FOR IMPLEMENTATION

1. A subsidiary body for implementation is hereby established to assist the Conference of the Parties in the assessment and review of the effective implementation of the Convention. This body shall be open to participation by all Parties and comprise government representatives who are experts on matters related to climate change. It shall report regularly to the Conference of the Parties on all aspects of its work.

2. Under the guidance of the Conference of the Parties, this body shall:

(a) Consider the information communicated in accordance with Article 12, paragraph 1, to assess the overall aggregated effect of the steps taken by the Parties in the light of the latest scientific assessments concerning climate change;

(b) Consider the information communicated in accordance with Article 12, paragraph 2, in order to assist the Conference of the Parties in carrying out the reviews required by Article 4, paragraph 2 (d); and (c) Assist the Conference of the Parties, as appropriate, in the preparation and implementation of its decisions. 

ARTICLE 11

3.(d) Determination in a predictable and identifiable manner of the amount of funding necessary and available for the implementation of this Convention and the conditions under which that amount shall be periodically reviewed. 

5. The developed country Parties may also provide and developing country Parties avail themselves of, financial resources related to the implementation of the Convention through bilateral, regional and other multilateral channels. 

 

Article 12 COMMUNICATION OF INFORMATION RELATED TO IMPLEMENTATION

1In accordance with Article 4, paragraph 1, each Party shall communicate to the Conference of the Parties, through the secretariat, the following elements of information:

(a) A national inventory of anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol, to the extent its capacities permit, using comparable methodologies to be promoted and agreed upon by the Conference of the Parties;

(b) A general description of steps taken or envisaged by the Party to implement the Convention; and

(c) Any other information that the Party considers relevant to the achievement of the objective of the Convention and suitable for inclusion in its communication, including, if feasible, material relevant for calculations of global emission trends.

 

2. Each developed country Party and each other Party included in Annex I shall incorporate in its communication the following elements of information:

(a) A detailed description of the policies and measures that it has adopted to implement its commitment under Article 4, paragraphs 2 (a) and 2 (b); and

(b) A specific estimate of the effects that the policies and measures referred to in subparagraph (a) immediately above will have on anthropogenic emissions by its sources and removals by its sinks of greenhouse gases during the period referred to in Article 4, paragraph 2 (a). - 16 -

3. In addition, each developed country Party and each other developed Party included in Annex II shall incorporate details of measures taken in accordance with Article 4, paragraphs 3, 4 and 5.

4. Developing country Parties may, on a voluntary basis, propose projects for financing, including specific technologies, materials, equipment, techniques or practices that would be needed to implement such projects, along with, if possible, an estimate of all incremental costs, of the reductions of emissions and increments of removals of greenhouse gases, as well as an estimate of the consequent benefits.

5. Each developed country Party and each other Party included in Annex I shall make its initial communication within six months of the entry into force of the Convention for that Party. Each Party not so listed shall make its initial communication within three years of the entry into force of the Convention for that Party, or of the availability of financial resources in accordance with Article 4, paragraph 3. Parties that are least developed countries may make their initial communication at their discretion. The frequency of subsequent communications by all Parties shall be determined by the Conference of the Parties, taking into account the differentiated timetable set by this paragraph.

 

6. Information communicated by Parties under this Article shall be transmitted by the secretariat as soon as possible to the Conference of the Parties and to any subsidiary bodies concerned. If necessary, the procedures for the communication of information may be further considered by the Conference of the Parties.

7. From its first session, the Conference of the Parties shall arrange for the provision to developing country Parties of technical and financial support, on request, in compiling and communicating information under this Article, as well as in identifying the technical and financial needs associated with proposed projects and response measures under Article 4. Such support may be provided by other Parties, by competent international organizations and by the secretariat, as appropriate.

8. Any group of Parties may, subject to guidelines adopted by the Conference of the Parties, and to prior notification to the Conference of the Parties, make a joint communication in fulfilment of their obligations under this Article, provided that such a communication includes information on the fulfilment by each of these Parties of its individual obligations under the Convention.

9. Information received by the secretariat that is designated by a Party as confidential, in accordance with criteria to be established by the Conference of the Parties, shall be aggregated by the secretariat to protect its confidentiality before being made available to any of the bodies involved in the communication and review of information.

10. Subject to paragraph 9 above, and without prejudice to the ability of any Party to make public its communication at any time, the secretariat shall make communications by Parties under this Article publicly available at the time they are submitted to the Conference of the Parties. - 17 -

Article 13 RESOLUTION OF QUESTIONS REGARDING IMPLEMENTATION The Conference of the Parties shall, at its first session, consider the establishment of a multilateral consultative process, available to Parties on their request, for the resolution of questions regarding the implementation of the Convention.

Article 14 SETTLEMENT OF DISPUTES

1. In the event of a dispute between any two or more Parties concerning the interpretation or application of the Convention, the Parties concerned shall seek a settlement of the dispute through negotiation or any other peaceful means of their own choice.

2. When ratifying, accepting, approving or acceding to the Convention, or at any time thereafter, a Party which is not a regional economic integration organization may declare in a written instrument submitted to the Depositary that, in respect of any dispute concerning the interpretation or application of the Convention, it recognizes as compulsory ipso facto and without special agreement, in relation to any Party accepting the same obligation: (a) Submission of the dispute to the International Court of Justice; and/or (b) Arbitration in accordance with procedures to be adopted by the Conference of the Parties as soon as practicable, in an annex on arbitration. A Party which is a regional economic integration organization may make a declaration with like effect in relation to arbitration in accordance with the procedures referred to in subparagraph (b) above.

3. A declaration made under paragraph 2 above shall remain in force until it expires in accordance with its terms or until three months after written notice of its revocation has been deposited with the Depositary.

4. A new declaration, a notice of revocation or the expiry of a declaration shall not in any way affect proceedings pending before the International Court of Justice or the arbitral tribunal, unless the parties to the dispute otherwise agree.

5. Subject to the operation of paragraph 2 above, if after twelve months following notification by one Party to another that a dispute exists between them, the Parties concerned have not been able to settle their dispute through the means mentioned in paragraph 1 above, the dispute shall be submitted, at the request of any of the parties to the dispute, to conciliation.

6. A conciliation commission shall be created upon the request of one of the parties to the dispute. The commission shall be composed of an equal number of members appointed by each party concerned and a chairman chosen jointly by the members appointed by each party. The commission shall render a recommendatory award, which the parties shall consider in good faith. - 18 -

7. Additional procedures relating to conciliation shall be adopted by the Conference of the Parties, as soon as practicable, in an annex on conciliation. 8. The provisions of this Article shall apply to any related legal instrument which the Conference of the Parties may adopt, unless the instrument provides otherwise. 

****1992 CONVENTION ON BIOLOGICAL DIVERSITY

Recognizing ai so the vital role that women play in the conservation and sustainable use of biological diversity and affirming the need for the full participation of women at all levels of policy-making and implementation for biological diversity conservation,

 

Article 8. In-situ Conservation

(f) Rehabilitate and restore degraded ecosystems and promote the recovery of threatened species, inter alia, through the development and implementation of plans or other management strategies:

Article 16. Access to and Transfer of Technology

4.    The Contracting Parties, recognizing that patents and other intellectual property rights may have an influence on the implementation of this Convention, shall cooperate in this regard subject to national legislation and international law in order to ensure that such rights are supportive of and do not run counter to its objectives.

Article 18. Technical and Scientific Cooperation 1. The Contracting Parties shall promote international technical and scientific cooperation in the field of conservation and sustainable use of biological diversity, where necessary, through the appropriate international and national institutions.

11 2. Each Contracting Party shall promote technical and scientific cooperation with other Contracting Parties, in particular developing countries, in implementing this Convention, inter alia, through the development and implementation of national policies. In promoting such cooperation, special attention should be given to the development and strengthening of national capabilities, by means of human resources development and institution building

Article 20. Financial Resources 1. Each Contracting Party undertakes to provide, in accordance with its capabilities, financial support and incentives in respect of those national activities which are intended to achieve the objectives of this Convention, in accordance with its national plans, priorities and programmes.

2. The developed country Parties shall provide new and additional financial resources to enable developing country Parties to meet the agreed full incremental costs to them of implementing measures which fulfil the obligations of this Convention and to benefit from its provisions and which costs are agreed between a developing country Party and the institutional structure referred to in Article 21, in accordance with policy, strategy, programme priorities and eligibility criteria and an indicative list of incremental costs established by the Conference nf the Parties. Other Parties, including countries undergoing the process of transition to a market economy, may voluntarily assume the obligations of the developed country Parties. For the purpose of this Article, the Conference of the Parties, shall at its first meeting establish a list of developed country Parties and other Parties which voluntarily assume ihe obligations of the developed country Parties. The Conference of the Parties shall periodically review and if necessary amend the list. Contributions from other countries and sources on a voluntary basis would also be encouraged. The implementation of these commitments shall take into account the need for adequacy, predictability and timely flow of funds and the importance of burden-sharing among the contributing Parties included in the list.

3. The developed country Parties may also provide, and developing country Parties avail themselves of, financial resources related to the implementation of this Convention through bilateral, regional and other multilateral channels.

 

Article 23. Conference of the Parties

1. A Conference of the Parties is hereby established. The first meeting of the conference of the Parties shall be convened by the Executive Director of the United Nations Environment Programme not later than one year after the entry into force of this Convention. Thereafter, ordinary meetings of the Conference of the Parties shall be held at regular intervals to be determined by the Conference at its first meeting.

2. Extraordinary meetings of the Conference of the Parties shall be held at such other times as may be deemed necessary by the Conference, or at the written request of any Party, provided that, within six months of the request being communicated to them by the Secretariat, it is supported by at least one third of the Parties.

3. The Conference of the Parties shall by consensus agree upon and adopt rules of procedure for itself and for any subsidiary body it may estabiisn. as ъе\\ as financial rules governing the funding of The Secretariat. At each ordinary meeting, it shall adopt a budget for The financial period until the next ordinary meeting'.

4. The Conference of the Parties shall keep under review the implementation of this Convention, and, for this purpose, shall:

(a) Establish the form and the intervals for transmitting the information to be submitted in accordance with Article 26 and consider sucn information as weii as reports submitted by any subsidiary body:

(b) Review scientific, technical and technological advice on biological diversity provided in accordance with Article 25:

(c) Consider ana adopt, as required, protocols in accordance with Article 28:

(g) Establish such subsidiary bodies, particularly to provide scientific and technical advice, as are deemed necessary for the implementation of this Convention:

Article 25. Subsidiary Body on Scientific. Technical and Technological Advice 1. A subsidiary body for the provision of scientific, technical and technological advice is hereby established to provide the Conference of the Parties and, as appropriate, its other subsidiary bodies with timely advice relating to the implementation of this Convention. This body shall be open to participation by all Parties and shall be multidiscipiinary. It shall comprise government representatives competent in the relevant field of expertise. It shall report regularly to the Conference of the Parties on all aspects of its work.

Article 26. Reports Each Contracting Party shall, at intervals to be determined by the Conference of the Parties, present to the Conference of the Parties, reports on measures which it has taken for the implementation of the provisions of this Convention and their effectiveness in meeting the objectives of this Convention.

Article 17 Any controversy which may arise between the parties to the dispute as regards the interpretation or manner of implementation of the final decision may be submitted by either party for decision to the arbitral tribunal which rendered it.

****1992C ONVENTION AGAINST DESERTIFICATION AND DROUGHT

mitigating the effects of drought and that progress in that respect depends on local implementation of action programmes in affected areas

Recognizing the urgent need to improve the effectiveness and coordination of international cooperation to facilitate the implementation of national plans and priorities,

 

Principles

In order to achieve the objective of this Convention and to implement its provisions, the Parties shall be guided, inter alia, by the following:

(a) the Parties should ensure that decisions on the design and implementation of programmes to combat desertification and/or mitigate the effects of drought are taken with the participation of populations and local communities and that an enabling environment is created at higher levels to facilitate action at national and local levels;

(b) the Parties should, in a spirit of international solidarity and partnership, improve cooperation and coordination at subregional, regional and international levels, and better focus financial, human, organizational and technical resources where they are needed;

 

Article 3 Principles In order to achieve the objective of this Convention and to implement its provisions, the Parties shall be guided, inter alia, by the following: (a) the Parties should ensure that decisions on the design and implementation of programmes to combat desertification and/or mitigate the effects of drought are taken with the participation of populations and local communities and that an enabling environment is created at higher levels to facilitate action at national and local levels;

Aarticle 4

Article 4 General obligations

1. The Parties shall implement their obligations under this Convention, individually or jointly, either through existing or prospective bilateral and multilateral arrangements or a combination thereof, as appropriate, emphasizing the need to coordinate efforts and develop a coherent long-term strategy at all levels.

2. In pursuing the objective of this Convention, the Parties shall:

(a) adopt an integrated approach addressing the physical, biological and socio-economic aspects of the processes of desertification and drought;

(b) give due attention, within the relevant international and regional bodies, to the situation of affected developing country Parties with regard to international trade, marketing arrangements and debt with a view to establishing an enabling international economic environment conducive to the promotion of sustainable development;

(c) integrate strategies for poverty eradication into efforts to combat desertification and mitigate the effects of drought

(d) promote cooperation among affected country Parties in the fields of environmental protection and the conservation of land and water resources, as they relate to desertification and drought;

(e) strengthen subregional, regional and international cooperation;

 

(f) cooperate within relevant intergovernmental organizations;

(g) determine institutional mechanisms, if appropriate, keeping in mind the need to avoid duplication; and

(h) promote the use of existing bilateral and multilateral financial mechanisms and arrangements that mobilize and channel substantial financial resources to affected developing country Parties in combating desertification and mitigating the effects of drought.

3. Affected developing country Parties are eligible for assistance in the implementation of the Convention. A/AC.241/27 page 8 Article 5 Obligations of affected countries

Section 1: Action programmes

Article 9 Basic approach

1. In carrying out their obligations pursuant to article 5, affected developing country Parties and any other affected country Party in the framework of its regional implementation annex or, otherwise, that has notified the Permanent Secretariat in writing of its intention to prepare a national action A/AC.241/27 page 10 programme, shall, as appropriate, prepare, make public and implement national action programmes, utilizing and building, to the extent possible, on existing relevant successful plans and programmes, and subregional and regional action programmes, as the central element of the strategy to combat desertification and mitigate the effects of drought. Such programmes shall be updated through a continuing participatory process on the basis of lessons from field action, as well as the results of research. The preparation of national action programmes shall be closely interlinked with other efforts to formulate national policies for sustainable development.

2. In the provision by developed country Parties of different forms of assistance under the terms of article 6, priority shall be given to supporting, as agreed, national, subregional and regional action programmes of affected developing country Parties, particularly those in Africa, either directly or through relevant multilateral organizations or both.

3. The Parties shall encourage organs, funds and programmes of the United Nations system and other relevant intergovernmental organizations, academic institutions, the scientific community and non-governmental organizations in a position to cooperate, in accordance with their mandates and capabilities, to support the elaboration, implementation and follow-up of action programmes.

Article 10 National action programmes

1. The purpose of national action programmes is to identify the factors contributing to desertification and practical measures necessary to combat desertification and mitigate the effects of drought.

2. National action programmes shall specify the respective roles of government, local communities and land users and the resources available and needed. They shall, inter alia:

(a) incorporate long-term strategies to combat desertification and mitigate the effects of drought, emphasize implementation and be integrated with national policies for sustainable development;

(b) allow for modifications to be made in response to changing circumstances and be sufficiently flexible at the local level to cope with different socio-economic, biological and geo-physical conditions;

(c) give particular attention to the implementation of preventive measures for lands that are not yet degraded or which are only slightly degraded;

(d) enhance national climatological, meteorological and hydrological capabilities and the means to provide for drought early warning; A/AC.241/27 page 11

(e) promote policies and strengthen institutional frameworks which develop cooperation and coordination, in a spirit of partnership, between the donor community, governments at all levels, local populations and community groups, and facilitate access by local populations to appropriate information and technology;

(f) provide for effective participation at the local, national and regional levels of non-governmental organizations and local populations, both women and men, particularly resource users, including farmers and pastoralists and their representative organizations, in policy planning, decision-making, and implementation and review of national action programmes; and

(g) require regular review of, and progress reports on, their implementation.

3. National action programmes may include, inter alia, some or all of the following measures to prepare for and mitigate the effects of drought:

(a) establishment and/or strengthening, as appropriate, of early warning systems, including local and national facilities and joint systems at the subregional and regional levels, and mechanisms for assisting environmentally displaced persons;

(b) strengthening of drought preparedness and management, including drought contingency plans at the local, national, subregional and regional levels, which take into consideration seasonal to interannual climate predictions;

(c) establishment and/or strengthening, as appropriate, of food security systems, including storage and marketing facilities, particularly in rural areas;

(d) establishment of alternative livelihood projects that could provide incomes in drought prone areas; and

(e) development of sustainable irrigation programmes for both crops and livestock.

 

Article 11 Subregional and regional action programmes Affected country Parties shall consult and cooperate to prepare, as appropriate, in accordance with relevant regional implementation annexes, subregional and/or regional action programmes to harmonize, complement and increase the efficiency of national programmes. The provisions of article 10 shall apply mutatis mutandis to subregional and regional programmes. Such cooperation may include agreed joint programmes for the sustainable management of transboundary natural resources, scientific and technical cooperation, and strengthening of relevant institutions.

Article 12 International cooperation Affected country Parties, in collaboration with other Parties and the international community, should cooperate to ensure the promotion of an enabling international environment in the implementation of the Convention. Such cooperation should also cover fields of technology transfer as well as scientific research and development, information collection and dissemination and financial resources. Article 12

Article 13

Support for the elaboration and implementation of action programmes 1. Measures to support action programmes pursuant to article 9 include, inter alia: (a) financial cooperation to provide predictability for action programmes, allowing for necessary long-term planning; (b) elaboration and use of cooperation mechanisms which better enable support at the local level, including action through non-governmental organizations, in order to promote the replicability of successful pilot programme activities where relevant; (c) increased flexibility in project design, funding and implementation in keeping with the experimental, iterative approach indicated for participatory action at the local community level; and (d) as appropriate, administrative and budgetary procedures that increase the efficiency of cooperation and of support programmes. 2. In providing such support to affected developing country Parties, priority shall be given to African country Parties and to least developed country Parties.

 

Article 14 Coordination in the elaboration and implementation of action programmes

1. The Parties shall work closely together, directly and through relevant intergovernmental organizations, in the elaboration and implementation of action programmes.

2. The Parties shall develop operational mechanisms, particularly at the national and field levels, to ensure the fullest possible coordination among developed country Parties, developing country Parties and relevant intergovernmental and non-governmental organizations, in order to avoid duplication, harmonize interventions and approaches, and maximize the impact of assistance. In affected developing country Parties, priority will be given to coordinating activities related to international cooperation in order to maximize the efficient use of resources, to ensure responsive assistance, and to facilitate the implementation of national action programmes and priorities under this Convention. Article 15 R

Article 15 Regional implementation annexes Elements for incorporation in action programmes shall be selected and adapted to the socio-economic, geographical and climatic factors applicable to affected country Parties or regions, as well as to their level of development. Guidelines for the preparation of action programmes and their exact focus and content for particular subregions and regions are set out in the regional implementation annexes.

Article 20 Financial resources 1. Given the central importance of financing to the achievement of the objective of the Convention, the Parties, taking into account their capabilities, shall make every effort to ensure that adequate financial resources are available for programmes to combat desertification and mitigate the effects of drought.

2. In this connection, developed country Parties, while giving priority to affected African country Parties without neglecting affected developing country Parties in other regions, in accordance with article 7, undertake to:

(a) mobilize substantial financial resources, including grants and concessional loans, in order to support the implementation of programmes to combat desertification and mitigate the effects of drought;

To be continued http://www.unccd.int/Lists/SiteDocumentLibrary/conventionText/conv-eng.pdf

3. Affected developing country Parties are eligible for assistance in the implementation of the Convention.

 

****1992  AGENDA 21

1.3. Agenda 21 addresses the pressing problems of today and also aims at preparing the world for the challenges of the next century. It reflects a global consensus and political commitment at the highest level on development and environment cooperation. Its successful implementation is first and foremost the responsibility of Governments. National strategies, plans, policies and processes are crucial in achieving this. International cooperation should support and supplement such national efforts. In this context, the United Nations system has a key role to play. Other international, regional and subregional organizations are also called upon to contribute to this effort. The broadest public participation and the active involvement of the non-governmental organizations and other groups should also be encouraged.

1.4. The developmental and environmental objectives of Agenda 21 will require a substantial flow of new and additional financial resources to developing countries, in order to cover the incremental costs for the actions they have to undertake to deal with global environmental problems and to accelerate sustainable development. Financial resources are also required for strengthening the capacity of international institutions for the implementation of Agenda 21. An indicative order-of-magnitude assessment of costs is included in each of the programme areas. This assessment will need to be examined and refined by the relevant implementing agencies and organizations.

1.5. In the implementation of the relevant programme areas identified in Agenda 21, special attention should be given to the particular circumstances facing the economies in transition. It must also be recognized that these countries are facing unprecedented challenges in transforming their economies, in some cases in the midst of considerable social and political tension.

1.6. The programme areas that constitute Agenda 21 are described in terms of the basis for action, objectives, activities and means of implementation. Agenda 21 is a dynamic programme. It will be carried out by the various actors according to the different situations, capacities and priorities of countries and regions in full respect of all the principles contained in the Rio Declaration on Environment and Development. It could evolve over time in the light of changing needs and circumstances. This process marks the beginning of a new global partnership for sustainable development.

CHAPTER 3 COMBATING POVERTY

3.10. The United Nations system, through its relevant organs, organizations and bodies, in cooperation with Member States and with appropriate international and non-governmental organizations, should make poverty alleviation a major priority and should: a. Assist Governments, when requested, in the formulation and implementation of national action programmes on poverty alleviation and sustainable development. Action-oriented activities of relevance to the above objectives, such as poverty eradication, projects and programmes supplemented where relevant by food aid, and support and special emphasis on employment and income generation, should be given particular attention in this regard;

b. Promote technical cooperation among developing countries for poverty eradication activities;

 c. Strengthen existing structures in the United Nations system for coordination of action relating to poverty eradication, including the establishment of a focal point for information exchange and the formulation and implementation of replicable pilot projects to combat poverty;

 d. In the follow-up of the implementation of Agenda 21, give high priority to the review of the progress made in eradicating poverty;

e. Examine the international economic framework, including resource flows and structural adjustment programmes, to ensure that social and environmental concerns are addressed, and in this connection, conduct a review of the policies of international organizations, bodies and agencies, including financial institutions, to ensure the continued provision of basic services to the poor and needy;

f. Promote international cooperation to address the root causes of poverty. The development process will not gather momentum if developing countries are weighted down by external indebtedness, if development finance is inadequate, if barriers restrict access to markets and if commodity prices and the terms of trade in developing countries remain depressed.

Means of implementation (a) Financing and cost evaluation

3.11. The secretariat of the Conference has estimated the average total annual cost (1993-2000) of implementing the activities of this programme to be about $30 billion, including about $15 billion from the international community on grant or concessional terms. These are indicative and order-of magnitude estimates only and have not been reviewed by Governments. This estimate overlaps estimates in other parts of Agenda 21. Actual costs and financial terms, including any that are non concessional, will depend upon, inter alia, the specific strategies and programmes Governments decide upon for implementation.

 (b) Capacity-building

3.12. National capacity-building for implementation of the above activities is crucial and should be given high priority. It is particularly important to focus capacity-building at the local community level in order to support a community-driven approach to sustainability and to establish and strengthen mechanisms to allow sharing of experience and knowledge between community groups at national and international levels. Requirements for such activities are considerable and are related to the various relevant sectors of Agenda 21 calling for requisite international, financial and technological support.

CHAPTER 4 CHANGING CONSUMPTION PATTERNS

4.9. In the follow-up of the implementation of Agenda 21 the review of progress made in achieving sustainable consumption patterns should be given high priority.

(b) Data and information Undertaking research on consumption

4.10. In order to support this broad strategy, Governments, and/or private research and policy institutes, with the assistance of regional and international economic and environmental organizations, should make a concerted effort to:

 a. Expand or promote databases on production and consumption and develop methodologies for analysing them;

 b. Assess the relationship between production and consumption, environment, technological adaptation and innovation, economic growth and development, and demographic factors;

c. Examine the impact of ongoing changes in the structure of modern industrial economies away from material-intensive economic growth;

d. Consider how economies can grow and prosper while reducing the use of energy and materials and the production of harmful materials;

e. Identify balanced patterns of consumption worldwide which the Earth can support in the long term. Developing new concepts of sustainable economic growth and prosperity

4.13 In the follow-up of the implementation of Agenda 21, reviewing the role and impact of unsustainable production and consumption patterns and lifestyles and their relation to sustainable development should be given high priority.

Financing and cost evaluation

4.14. The Conference secretariat has estimated that implementation of this programme is not likely to require significant new financial resources.

(f) Reinforcing values that support sustainable consumption

4.26. Governments and private-sector organizations should promote more positive attitudes towards sustainable consumption through education, public awareness programmes and other means, such as positive advertising of products and services that utilize environmentally sound technologies or encourage sustainable production and consumption patterns. In the review of the implementation of Agenda 21, an assessment of the progress achieved in developing these national policies and strategies should be given due consideration.

 Means of implementation

4.27. This programme is concerned primarily with changes in unsustainable patterns of consumption and production and values that encourage sustainable consumption patterns and lifestyles. It requires the combined efforts of Governments, consumers and producers. Particular attention should be paid to the significant role played by women and households as consumers and the potential impacts of their combined purchasing power on the economy.

Means of implementation

(a) Financing and cost evaluation

5.7. The Conference secretariat has estimated the average total annual cost (1993-2000) of implementing the activities of this programme to be about $10 million from the international community on grant or concessional terms. These are indicative and order-of-magnitude estimates only and have not been reviewed by Governments. Actual costs and financial terms, including any that are non-concessional, will depend upon, inter alia, the specific strategies and programmes Governments decide upon for implementation.

 (b) Strengthening research programmes that integrate population, environment and development

CHAPTER 5 DEMOGRAPHIC DYNAMICS AND SUSTAINABILITY

5.8. In order to integrate demographic analysis into a broader social science perspective on environment and development, interdisciplinary research should be increased. International institutions and networks of experts should enhance their scientific capacity, taking full account of community experience and knowledge, and should disseminate the experience gained in multidisciplinary approaches and in linking theory to action.

5.9. Better modelling capabilities should be developed, identifying the range of possible outcomes of current human activities, especially the interrelated impact of demographic trends and factors, per capita resource use and wealth distribution, as well as the major migration flows that may be expected with increasing climatic events and cumulative environmental change that may destroy people's local livelihoods.

 (c) Developing information and public awareness

5.10. Socio-demographic information should be developed in a suitable format for interfacing with physical, biological and socio-economic data. Compatible spatial and temporal scales, cross-country and time-series information, as well as global behavioural indicators should be developed, learning from local communities' perceptions and attitudes.

5.11. Awareness should be increased at all levels concerning the need to optimize the sustainable use of resources through efficient resource management, taking into account the development needs of the populations of developing countries.

5.12. Awareness should be increased of the fundamental linkages between improving the status of women and demographic dynamics, particularly through women's access to education, primary and reproductive health care programmes, economic independence and their effective, equitable participation in all levels of decision-making.

5.13. Results of research concerned with sustainable development issues should be disseminated through technical reports, scientific journals, the media, workshops, forums or other means so that the information can be used by decision makers at all levels and increase public awareness.

(d) Developing and/or enhancing institutional capacity and collaboration

 5.14. Collaboration and exchange of information should be increased between research institutions and international, regional and national agencies and all other sectors (including the private sector, local communities, non-governmental organizations and scientific institutions) from both the industrialized and developing countries, as appropriate.

5.15. Efforts should be intensified to enhance the capacities of national and local governments, the private sector and non-governmental organizations in developing countries to meet the growing needs for improved management of rapidly growing urban areas.

Activities

5.18. Governments and other relevant actors could, inter alia, undertake the following activities, with appropriate assistance from aid agencies, and report on their status of implementation to the International Conference on Population and Development to be held in 1994, especially to its committee on population and environment..

.

CHAPTER 6  PROTECTING AND PROMOTING HUMAN HEALTH CONDITIONS

Means of implementation (a) Financing and cost evaluation

6.6. The Conference secretariat has estimated the average total annual cost (1993-2000) of implementing the activities of this programme to be about $40 billion, including about $5 billion from the international community on grant or concessional terms. These are indicative and order-of-magnitude estimates only and have not been reviewed by Governments. Actual costs and financial terms, including any that are non-concessional, will depend upon, inter alia, the specific strategies and programmes Governments decide upon for implementation.

(b) Scientific and technological means

6.7. New approaches to planning and managing health care systems and facilities should be tested, and research on ways of integrating appropriate technologies into health infrastructures supported. The development of scientifically sound health technology should enhance adaptability to local needs and maintainability by community resources, including the maintenance and repair of equipment used in health care. Programmes to facilitate the transfer and sharing of information and expertise should be developed, including communication methods and educational materials.

(c) Human resource development

6.8. Intersectoral approaches to the reform of health personnel development should be strengthened to ensure its relevance to the "Health for All" strategies. Efforts to enhance managerial skills at the district level should be supported, with the aim of ensuring the systematic development and efficient operation of the basic health system. Intensive, short, practical training programmes with emphasis on skills in effective communication, community organization and facilitation of behaviour change should be developed in order to prepare the local personnel of all sectors involved in social development for carrying out their respective roles. In cooperation with the education sector, special health education programmes should be developed focusing on the role of women in the health-care system.

(d) Capacity-building

 6.9. Governments should consider adopting enabling and facilitating strategies to promote the participation of communities in meeting their own needs, in addition to providing direct support to the provision of health-care services. A major focus should be the preparation of community-based health and health related workers to assume an active role in community health education, with emphasis on team work, social mobilization and the support of other development workers. National programmes should cover district health systems in urban, peri-urban and rural areas, the delivery of health programmes at the district level, and the development and support of referral services. B. Control of communicable disease

CHAPTER 7 PROMOTING SUSTAINABLE HUMAN SETTLEMENT DEVELOPMENT

Means of implementation

(a) Financing and cost evaluation

7.10. The Conference secretariat has estimated the average total annual cost (1993-2000) of implementing the activities of this programme to be about $75 billion, including about $10 billion from the international community on grant or concessional terms. These are indicative and order-ofmagnitude estimates only and have not been reviewed by Governments. Actual costs and financial terms, including any that are non-concessional, will depend upon, inter alia, the specific strategies and programmes Governments decide upon for implementation.

 

(b) Scientific and technological means

7.11. The requirements under this heading are addressed in each of the other programme areas included in the present chapter.

(c) Human resource development and capacity-building

7.12. Developed countries and funding agencies should provide specific assistance to developing countries in adopting an enabling approach to the provision of shelter for all, including the no-income group, and covering research institutions and training activities for government officials, professionals, communities and non-governmental organizations and by strengthening local capacity for the development of appropriate technologies.

7.29. All countries should consider, as appropriate, undertaking a comprehensive national inventory of their land resources in order to establish a land information system in which land resources will be classified according to their most appropriate uses and environmentally fragile or disaster-prone areas will be identified for special protection measures.

7.30. Subsequently, all countries should consider developing national land-resource management plans to guide land-resource development and utilization and, to that end, should: a. Establish, as appropriate, national legislation to guide the implementation of public policies for environmentally sound urban development, land utilization, housing and for the improved management of urban expansion;

CHAPTER 8 INTEGRATING ENVIRONMENT AND DEVELOPMENT IN DECISION-MAKING

B. Providing an effective legal and regulatory framework Basis for action

8.13. Laws and regulations suited to country -specific conditions are among the most important instruments for transforming environment and development policies into action, not only through "command and control" methods, but also as a normative framework for economic planning and market instruments. Yet, although the volume of legal texts in this field is steadily increasing, much of the law-making in many countries seems to be ad hoc and piecemeal, or has not been endowed with the necessary institutional machinery and authority for enforcement and timely adjustment.

 8.14. While there is continuous need for law improvement in all countries, many developing countries have been affected by shortcomings of laws and regulations. To effectively integrate environment and development in the policies and practices of each country, it is essential to develop and implement integrated, enforceable and effective laws and regulations that are based upon sound social, ecological, economic and scientific principles. It is equally critical to develop workable programmes to review and enforce compliance with the laws, regulations and standards that are adopted. Technical support may be needed for many countries to accomplish these goals. Technical cooperation requirements in this field include legal information, advisory services and specialized training and institutional capacity-building.

 8.15. The enactment and enforcement of laws and regulations (at the regional, national, state/provincial or local/municipal level) are also essential for the implementation of most international agreements in the field of environment and development, as illustrated by the frequent treaty obligation to report on legislative measures. The survey of existing agreements undertaken in the context of conference preparations has indicated problems of compliance in this respect, and the need for improved national implementation and, where appropriate, related technical assistance. In developing their national priorities, countries should take account of their international obligations.

CHAPTER 9. PROTECTION OF THE ATMOSPHERE

9.1. Protection of the atmosphere is a broad and multidimensional endeavour involving various sectors of economic activity. The options and measures described in the present chapter are recommended for consideration and, as appropriate, implementation by Governments and other bodies in their efforts to protect the atmosphere.

9.15. Governments at the appropriate level, with the cooperation of the relevant United Nations bodies and, as appropriate, intergovernmental and non-governmental organizations, and the private sector, should:

a. Develop and promote, as appropriate, cost-effective, more efficient, less polluting and safer transport systems, particularly integrated rural and urban mass transit, as well as environmentally sound road networks, taking into account the needs for sustainable social, economic and development priorities, particularly in developing countries; b. Facilitate at the international, regional, subregional and national levels access to and the transfer of safe, efficient, including resource-efficient, and less polluting transport technologies, particularly to the developing

Financial and cost evaluation

9.32. The Conference secretariat has estimated the average total annual cost (1993-2000) of implementing the activities under programme area A to be about $640 million from the international community on grant or concessional terms. These are indicative and order-of-magnitude estimates only and have not been reviewed by Governments. Actual costs and financial terms, including any that are non-concessional, will depend upon, inter alia, the specific strategies and programmes Governments decide upon for implementation.

Objectives

9.27. The objectives of this programme area are:

 a. To develop and apply pollution control and measurement technologies for stationary and mobile sources of air pollution and to develop alternative environmentally sound technologies;

 b. To observe and assess systematically the sources and extent of transboundary air pollution resulting from natural processes and anthropogenic activities;

c. To strengthen the capabilities, particularly of developing countries, to measure, model and assess the fate and impacts of transboundary air pollution, through, inter alia, exchange of information and training of experts;

 d. To develop capabilities to assess and mitigate transboundary air pollution resulting from industrial and nuclear accidents, natural disasters and the deliberate and/or accidental destruction of natural resources;

e. To encourage the establishment of new and the implementation of existing regional agreements for limiting transboundary air pollution;

Financial and cost evaluation 9.32. The Conference secretariat has estimated the average total annual cost (1993-2000) of implementing the activities under programme area A to be about $640 million from the international community on grant or concessional terms. These are indicative and order-of-magnitude estimates only and have not been reviewed by Governments. Actual costs and financial terms, including any that are non-concessional, will depend upon, inter alia, the specific strategies and programmes Governments decide upon for implementation.

 

CHAPTER 10 INTEGRATED APPROACH TO THE PLANNING AND MANAGEMENT OF LAND RESOURCES

10.7. Governments at the appropriate level, with the support of regional and international organizations, should review and, if appropriate, revise planning and management systems to facilitate an integrated approach. To do this, they should: a. Adopt planning and management systems that facilitate the integration of environmental components such as air, water, land and other natural resources, using landscape ecological planning (LANDEP) or other approaches that focus on, for example, an ecosystem or a watershed; b. Adopt strategic frameworks that allow the integration of both developmental and environmental goals; examples of these frameworks include sustainable livelihood systems, rural development, the World Conservation Strategy/Caring for the Earth, primary environmental care (PEC) and others; c. Establish a general framework for land-use and physical planning within which specialized and more detailed sectoral plans (e.g., for protected areas, agriculture, forests, human settlements, rural development) can be developed; establish intersectoral consultative bodies to streamline project planning and implementation;

 

Promoting public participation

10.10. Governments at the appropriate level, in collaboration with national organizations and with the support of regional and international organizations, should establish innovative procedures, programmes, projects and services that facilitate and encourage the active participation of those affected in the decision-making and implementation process, especially of groups that have, hitherto, often been excluded, such as women, youth, indigenous people and their communities and other local communities.

 

CHAPTER 11 COMBATING DEFORESTATION

 

Activities (a) Management-related activities

11.3 Governments at the appropriate level, with the support of regional, subregional and international organizations, should, where necessary, enhance institutional capability to promote the multiple roles and functions of all types of forests and vegetation inclusive of other related lands and forest-based resources in supporting sustainable development and environmental conservation in all sectors. This should be done, wherever possible and necessary, by strengthening and/or modifying the existing structures and arrangements, and by improving cooperation and coordination of their respective roles. Some of the major activities in this regard are as follows:

a. Rationalizing and strengthening administrative structures and mechanisms, including provision of adequate levels of staff and allocation of responsibilities, decentralization of decision-making, provision of infrastructural facilities and equipment, intersectoral coordination and an effective system of communication;

b. Promoting participation of the private sector, labour unions, rural cooperatives, local communities, indigenous people, youth, women, user groups and non-governmental organizations in forest-related activities, and access to information and training programmes within the national context;

c. Reviewing and, if necessary, revising measures and programmes relevant to all types of forests and vegetation, inclusive of other related lands and forest-based resources, and relating them to other land uses and development policies and legislation; promoting adequate legislation and other measures as a basis against uncontrolled conversion to other types of land uses;

d. Developing and implementing plans and programmes, including definition of national and, if necessary, regional and subregional goals, programmes and criteria for their implementation and subsequent improvement;

 

Means of implementation

(a) Financial and cost evaluation

11.6. The secretariat of the Conference has estimated the average total annual cost (1993-2000) of implementing the activities of this programme to be about $2.5 billion, including about $860 million from the international community on grant or concessional terms. These are indicative and order-of magnitude estimates only and have not been reviewed by Governments. Actual costs and financial terms, including any that are non-concessional, will depend upon, inter alia, the specific strategies and programmes Governments decide upon for implementation.

(b) Scientific and technological means

11.7. The planning, research and training activities specified will form the scientific and technological means for implementing the programme, as well as its output. The systems, methodology and knowhow generated by the programme will help improve efficiency. Some of the specific steps involved should include:

 a. Analysing achievements, constraints and social issues for supporting programme formulation and implementation;

 b. Analysing research problems and research needs, research planning and implementation of specific research projects;

c. Assessing needs for human resources, skill development and training;

d. Developing, testing and applying appropriate methodologies/approaches in implementing forest programmes and plans.

(c) Human resource development

11.8. The specific components of forest education and training will effectively contribute to human resource development. These include:

a. Launching of graduate and post-graduate degree, specialization and research programmes;

b. Strengthening of pre-service, in-service and extension service training programmes at the technical and vocational levels, including training of trainers/teachers, and developing curriculum and teaching materials/methods;

c. Special training for staff of national forest-related organizations in aspects such as project formulation, evaluation and periodical evaluations.

(a)  Management-related activities

 

11.13. Governments should recognize the importance of categorizing forests, within the framework of long-term forest conservation and management policies, into different forest types and setting up sustainable units in every region/watershed with a view to securing the conservation of forests. Governments, with the participation of the private sector, non-governmental organizations, local community groups, indigenous people, women, local government units and the public at large, should act to maintain and expand the existing vegetative cover wherever ecologically, socially and economically feasible, through technical cooperation and other forms of support. Major activities to be considered include:

a. Ensuring the sustainable management of all forest ecosystems and woodlands, through improved proper planning, management and timely implementation of silvicultural operations, including inventory and relevant research, as well as rehabilitation of degraded natural forests to restore productivity and environmental contributions, giving particular attention to human needs for economic and ecological services, wood-based energy, agroforestry, non-timber forest products and services, watershed and soil protection, wildlife management, and forest genetic resources;

 

Means of implementation (a) Financial and cost evaluation

11.25. The secretariat of the Conference has estimated the average total annual cost (1993-2000) of implementing the activities of this programme to be about $18 billion, including about $880 million from the international community on grant or concessional terms. These are indicative and order-of magnitude estimates only and have not been reviewed by Governments. Actual costs and financial terms, including any that are non-concessional, will depend upon, inter alia, the specific strategies and programmes Governments decide upon for implementation.

(b) Scientific and technological means

11.26. The programme activities presuppose major research efforts and studies, as well as improvement of technology. This should be coordinated by national Governments, in collaboration with and supported by relevant international organizations and institutions. Some of the specific components include:

a. Research on properties of wood and non-wood products and their uses, to promote improved utilization;

b. Development and application of environmentally sound and less-polluting technology for forest utilization;

c. Models and techniques of outlook analysis and development planning;

d. Scientific investigations on the development and utilization of non-timber forest products; e. Appropriate methodologies to comprehensively assess the value of forests. (c) Human resource development

11.27. The success and effectiveness of the programme area depends on the availability of skilled personnel. Specialized training is an important factor in this regard. New emphasis should be given to the incorporation of women. Human resource development for programme implementation, in quantitative and qualitative terms, should include:

 a. Developing required specialized skills to implement the programme, including establishing special training facilities at all levels;

 b. Introducing/strengthening refresher training courses, including fellowships and study tours, to update skills and technological know-how and improve productivity;

 c. Strengthening capability for research, planning, economic analysis, periodical evaluations and evaluation, relevant to improved utilization of forest resources;

 d. Promoting efficiency and capability of private and cooperative sectors through provision of facilities and incentives.

CHAPTER 12 COMBATING DESERTIFICATION AND DROUGHT

12.3. The priority in combating desertification should be the implementation of preventive measures for lands that are not yet degraded, or which are only slightly degraded. However, the severely degraded areas should not be neglected. In combating desertification and drought, the participation of local communities, rural organizations, national Governments, non-governmental organizations and international and regional organizations is essential.

Basis for action 12.5. The global assessments of the status and rate of desertification conducted by the United Nations Environment Programme (UNEP) in 1977, 1984 and 1991 have revealed insufficient basic knowledge of desertification processes. Adequate world-wide systematic observation systems are helpful for the development and implementation of effective anti-desertification programmes. The capacity of existing international, regional and national institutions, particularly in developing countries, to generate and exchange relevant information is limited. An integrated and coordinated information and systematic observation system based on appropriate technology and embracing global, regional, national and local levels is essential for understanding the dynamics of desertification and drought processes. It is also important for developing adequate measures to deal with desertification and drought and improving socio-economic conditions.

 

Means of implementation

(a) Financing and cost evaluation

12.11. The Conference secretariat has estimated the average total annual cost (1993-2000) of implementing the activities of this programme to be about $350 million, including about $175 million from the international community on grant or concessional terms. These are indicative and order-of-magnitude estimates only and have not been reviewed by Governments. Actual costs and financial terms, including any that are non-concessional, will depend upon, inter alia, the specific strategies and programmes Governments decide upon for implementation.

(b) Scientific and technological means

12.12. Governments at the appropriate level, with the support of the relevant international and regional organizations working on the issue of desertification and drought, should:

a. Undertake and update existing inventories of natural resources, such as energy, water, soil, minerals, plant and animal access to food, as well as other resources, such as housing, employment, health, education and demographic distribution in time and space;

b. Develop integrated information systems for environmental monitoring, accounting and impact assessment; c. International bodies should cooperate with national Governments to facilitate the acquisition and development of appropriate technology for monitoring and combating drought and desertification.

 (c) Human resource development

12.13. Governments at the appropriate level, with the support of the relevant international and regional organizations working on the issue of desertification and drought, should develop the technical and professional skills of people engaged in monitoring and assessing the issue of desertification and drought.

(d) Capacity-building

12.14. Governments at the appropriate level, with the support of the relevant international and regional organizations working on the issue of desertification and drought, should:

a. Strengthen national and local institutions by providing adequate staff equipment and finance for assessing desertification;

 b. Promote the involvement of the local population, particularly women and youth, in the collection and utilization of environmental information through education and awarenessbuilding.

 B. Combating land degradation through, inter alia, intensified soil conservation, afforestation and reforestation activities Basis for action

12.15. Desertification affects about 3.6 billion hectares, which is about 70 per cent of the total area of the world's drylands or nearly one quarter of the global land area. In combating desertification on rangeland, rainfed cropland and irrigated land, preventative measures should be launched in areas which are not yet affected or are only slightly affected by desertification; corrective measures should be implemented to sustain the productivity of moderately desertified land; and rehabilitative measures should be taken to recover severely or very severely desertified drylands.

12.16. An increasing vegetation cover would promote and stabilize the hydrological balance in the dryland areas and maintain land quality and land productivity. Prevention of not yet degraded land and application of corrective measures and rehabilitation of moderate and severely degraded drylands, including areas affected by sand dune movements, through the introduction of environmentally sound, socially acceptable, fair and economically feasible land-use systems. This will enhance the land carrying capacity and maintenance of biotic resources in fragile ecosystems.

CHAPTER 13 MANAGING FRAGILE ECOSYSTEMS: SUSTAINABLE MOUNTAIN DEVELOPMENT

Means of implementation (a) Financing and cost evaluation

13.9. The Conference secretariat has estimated the average total annual cost (1993-2000) of implementing the activities of this programme to be about $50 million from the international community on grant or concessional terms. These are indicative and order-of-magnitude estimates only and have not been reviewed by Governments. Actual costs and financial terms, including any that are non-concessional, will depend upon, inter alia, the specific strategies and programmes Governments decide upon for implementation. (b) Scientific and technological means

13.10. Governments at the appropriate level, with the support of the relevant international and regional organizations, should strengthen scientific research and technological development programmes, including diffusion through national and regional institutions, particularly in meteorology, hydrology, forestry, soil sciences and plant sciences.

(c) Human resource development

 

a. Launch training and extension programmes in environmentally appropriate technologies and practices that would be suitable to mountain ecosystems;

 b. Support higher education through fellowships and research grants for environmental studies in mountains and hill areas, particularly for candidates from indigenous mountain populations;

 c. Undertake environmental education for farmers, in particular for women, to help the rural population better understand the ecological issues regarding the sustainable development of mountain ecosystems.

 

CHAPTER 14 PROMOTING SUSTAINABLE AGRICULTURE AND RURAL DEVELOPMENT

Basis for action 14.5. There is a need to integrate sustainable development considerations with agricultural policy analysis and planning in all countries, particularly in developing countries. Recommendations should contribute directly to development of realistic and operational medium- to long-term plans and programmes, and thus to concrete actions. Support to and monitoring of implementation should follow.Objectives

14.8. The objectives of this Programme area are:

a. By 1995, to review and, where appropriate, establish a programme to integrate environmental and sustainable development with policy analysis for the food and agriculture sector and relevant macroeconomic policy analysis, formulation and implementation;

b. To maintain and develop, as appropriate, operational multisectoral plans, programmes and policy measures, including programmes and measures to enhance sustainable food production and food security within the framework of sustainable development, not later than 1998;

 c. To maintain and enhance the ability of developing countries, particularly the least developed ones, to themselves manage policy, programming and planning activities, not later than 2005

Means of implementation

(a) Financing and cost evaluation

14.12. The Conference secretariat has estimated the average total annual cost (1993-2000) on implementing the activities of this programme to be about $3 billion, including about $450 million from the international community on grant or concessional terms. These are indicative and order-of magnitude estimates only and have not been reviewed by Governments. Actual costs and financial terms, including any that are non-concessional, will depend upon, inter alia, the specific strategies and programmes Governments decide upon for implementation.

(b) Scientific and technological means

14.13. Governments at the appropriate level and with the support of the relevant international and regional organizations should assist farming households and communities to apply technologies related to improved food production and security, including storage, monitoring of production and distribution.

(c) Human resource development

14.14. Governments at the appropriate level, with the support of the relevant international and regional organizations, should:

a. Involve and train local economists, planners and analysts to initiate national and international policy reviews and develop frameworks for sustainable agriculture;

b. Establish legal measures to promote access of women to land and remove biases in their involvement in rural development.

 (d) Capacity-building

14.15. Governments at the appropriate level, with the support of the relevant international and regional organizations, should strengthen ministries for agriculture, natural resources and planning.

B. Ensuring people's participation and promoting human resource development for sustainable agriculture Basis for action

 14.16. This component bridges policy and integrated resource management. The greater the degree of community control over the resources on which it relies, the greater will be the incentive for economic and human resources development. At the same time, policy instruments to reconcile long-run and short-run requirements must be set by national Governments. The approaches focus on fostering self-reliance and cooperation, providing information and supporting user-based organizations. Emphasis should be on management practices, building agreements for changes in resource utilization, the rights and duties associated with use of land, water and forests, the functioning of markets, prices, and the access to information, capital and inputs. This would require training and capacity-building to assume greater responsibilities in sustainable development efforts.

a. Ensuring the sustainable management of all forest ecosystems and woodlands, through improved proper planning, management and timely implementation of silvicultural operations, including inventory and relevant research, as well as rehabilitation of degraded natural forests to restore productivity and environmental contributions, giving particular attention to human needs for economic and ecological services, wood-based energy, agroforestry, non-timber forest products and services, watershed and soil protection, wildlife management, and forest genetic resources;

(c) International and regional cooperation and coordination

14.20. Appropriate international and regional agencies should:

 a. Reinforce their work with non-governmental organizations in collecting and disseminating information on people's participation and people's organizations, testing participatory development methods, training and education for human resource development and strengthening the management structures of rural organizations; b. Help develop information available through non-governmental organizations and promote an international ecological agricultural network to accelerate the development and implementation of ecological agriculture practices.

Means of implementation

(a) Financing and cost evaluation

14.21. The Conference secretariat has estimated the average total annual cost (1993-2000) of implementing the activities of this programme to be about $4.4 billion, including about $650 million from the international community on grant or concessional terms. These are indicative and order-ofmagnitude estimates only and have not been reviewed by Governments. Actual costs and financial terms, including any that are non-concessional, will depend upon, inter alia, the specific strategies and programmes Governments decide upon for implementation.

 (b) Scientific and technological means

14.22. Governments at the appropriate level, with the support of the relevant international and regional organizations, should:

a. Encourage people's participation on farm technology development and transfer, incorporating indigenous ecological knowledge and practices;

 b. Launch applied research on participatory methodologies, management strategies and local organizations.

(c) Human resource development

14.23. Governments at the appropriate level, with the support of the relevant international and regional organizations, should provide management and technical training to government administrators and members of resource-user groups in the principles, practice and benefits of people's participation in rural development.

 (d) Capacity-building

14.24. Governments at the appropriate level, with the support of the relevant international and regional organizations, should introduce management strategies and mechanisms, such as accounting and audit services for rural people's organizations and institutions for human resource development, and delegate administrative and financial responsibilities to local levels for decision-making, revenue raising and expenditure.

Means of implementation

(a) Financing and cost evaluation

14.29. The Conference secretariat has estimated the average total annual cost (1993-2000) of implementing the activities of this programme to be about $10 billion, including about $1.5 billion from the international community on grant or concessional terms. These are indicative and order-of magnitude estimates only and have not been reviewed by Governments. Actual costs and financial terms, including any that are non-concessional, will depend upon, inter alia, the specific strategies and programmes Governments decide upon for implementation.

(b) Scientific and technological means

14.30. Governments at the appropriate level, with the support of the relevant international and regional organizations, should strengthen research on agricultural production systems in areas with different endowments and agro-ecological zones, including comparative analysis of the intensification, diversification and different levels of external and internal inputs.

(c) Human resource development

14.31. Governments at the appropriate level, with the support of the relevant international and regional organizations, should: a. Promote educational and vocational training for farmers and rural communities through formal and non-formal education; b. Launch awareness and training programmes for entrepreneurs, managers, bankers and traders in rural servicing and small-scale agro-processing techniques

14.34. Poverty and malnutrition are already endemic in many regions. The destruction and degradation of agricultural and environmental resources is a major issue. Techniques for increasing production and conserving soil and water resources are already available but are not widely or systematically applied. A systematic approach is needed for identifying land uses and production systems that are sustainable in each land and climat e zone, including the economic, social and institutional mechanisms necessary for their implementation. 3/

Activities (a) Management-related activities

14.36. Governments at the appropriate level, with the support of the relevant

international and regional organizations, should:

 

a. Establish and strengthen agricultural land-use and land-resource planning, management, education and information at national and local levels;

 b. Initiate and maintain district and village agricultural land-resource planning, management and conservation groups to assist in problem identification, development of technical and management solutions, and project implementation..

Means of implementation(a) Financing and cost evaluation

14.39. The Conference secretariat has estimat ed the average total annual cost (1993-2000) of implementing the activities of this programme to be about $1.7 billion, including about $250 million from the international community on grant or concessional terms. These are indicative and order-of magnitude estimates only and have not been reviewed by Governments. Actual costs and financial terms, including any that are non-concessional, will depend upon, inter alia, the specific strategies and programmes Governments decide upon for implementation.

(b) Scientific and technological means

14.40. Governments at the appropriate level, with the support of the relevant international and regional organizations, should:

a. Develop databases and geographical information systems to store and display physical, social and economic information pertaining to agriculture, and the definition of ecological zones and development areas;

b. Select combinations of land uses and production systems appropriate to land units through multiple goal optimization procedures, and strengthen delivery systems and local community participation; c. Encourage integrated planning at the watershed and landscape level to reduce soil loss and protect surface and groundwater resources from chemical pollution.

(c) Human resource development

Means of implementation (a) Financing and cost evaluation

14.48. The Conference secretariat has estimated the average total annual cost (1993-2000) of implementing the activities of this programme to be about $5 billion, including about $800 million from the international community on grant or concessional terms. These are indicative and order-of magnitude estimates only and have not been reviewed by Governments. Actual costs and financial terms, including any that are non-concessional, will depend upon, inter alia, the specific strategies and programmes Governments decide upon for implementation.

(b) Scientific and technological means

14.49. Governments at the appropriate level, with the support of the relevant international and regional organizations, should help farming household communities to investigate and promote site-specific technologies and farming systems that conserve and rehabilitate land, while increasing agricultural production, including conservation tillage agroforestry, terracing and mixed cropping.

(c) Human resource development

14.50. Governments at the appropriate level, with the support of the relevant international and regional organizations, should train field staff and land users in indigenous and modern techniques of conservation and rehabilitation and should establish training facilities for extension staff and land users.

(a) Financing and cost evaluation

14.60. The Conference secretariat has estimated the average total annual cost (1993-2000) of implementing the activities of this programme to be about $600 million, including about $300 million from the international community on grant or concessional terms. These are indicative and order-of-magnitude estimates only and have not been reviewed by Governments. Actual costs and financial terms, including any that are non-concessional, will depend upon, inter alia, the specific strategies and programmes Governments decide upon for implementation.

14.62. Governments at the appropriate level and with the support of the relevant international and regional organizations should:

a. Promote training programmes at both undergraduate and post-graduate levels in conservation sciences for running PGRFA facilities and for the design and implementation of national programmes in PGRFA;

b. Raise the awareness of agricultural extension services in order to link PGRFA activities with user communities;

c. Develop training materials to promote conservation and utilization of PGRFA at the local level. (d) Capacity-building

(c) International and regional cooperation and coordination

14.68. The appropriate United Nations and other international and regional agencies should:

a. Promote the establishment of regional gene banks to the extent that they are justified, based on principles of technical cooperation among developing countries;

b. Process, store and analyse animal genetic data at the global level, including the establishment of a world watch list and an early warning system for endangered breeds; global assessment of scientific and intergovernmental guidance of the programme and review of regional and national activities; development of methodologies, norms and standards (including international agreements); monitoring of their implementation; and related technical and financial assistance;

Means of implementation (a) Financing and cost evaluation

14.69. The Conference secretariat has estimated the average total annual cost (1993-2000) of implementing the activities of this programme to be about $200 million, including about $100 million from the international community on grant or concessional terms. These are indicative and order-of-magnitude estimates only and have not been reviewed by Governments. Actual costs and financial terms, including any that are non-concessional, will depend upon, inter alia, the specific strategies and programmes Governments decide upon for implementation.

(b) Scientific and technological means 14.70. Governments at the appropriate level, with the support of the relevant international and regional organizations, should:

a. Use computer-based data banks and questionnaires to prepare a global inventory/world watch list;

b. Using cryogenic storage of germplasm, preserve breeds at serious risk and other material from which genes can be reconstructed.

 (c) Human resource development 14.71. Governments at the appropriate level, with the support of the relevant international and regional organizations, should: a. Sponsor training courses for nationals to obtain the necessary expertise for data collection and handling and for the sampling of genetic material; b. Enable scientists and managers to establish an information base for indigenous livestock breeds and promote programmes to develop and conserve essential livestock genetic material.

Means of implementation (a) Financing and cost evaluation

14.88. The Conference secretariat has estimated the average total annual cost (1993-2000) of implement ing the activities of this programme to be about $3.2 billion, including about $475 million from the international community on grant or concessional terms. These are indicative and order-of magnitude estimates only and have not been reviewed by Governments. Actual costs and financial terms, including any that are non-concessional, will depend upon, inter alia, the specific strategies and programmes Governments decide upon for implementation.

(b) Scientific and technological means

14.89. Governments at the appropriate level, with the support of the relevant international and regional organizations, should:

a. Develop site-specific technologies at benchmark sites and farmers' fields that fit prevailing socio-economic and ecological conditions through research that involves the full collaboration of local populations;

b. Reinforce interdisciplinary international research and transfer of technology in cropping and farming systems research, improved in situ biomass production techniques, organic residue management and agroforestry technologies.

 (c) Human resource development

14.90. Governments at the appropriate level, with the support of the relevant international and regional organizations, should:

a. Train extension officers and researchers in plant nutrient management, cropping systems and farming systems, and in economic evaluation of plant nutrient impact;

 b. Train farmers and women's groups in plant nutrition management, with special emphasis on topsoil conservation and production.

14.91. Governments at the appropriate level, with the support of the relevant international and regional organizations, should

 a. Develop suitable institutional mechanisms for policy formulation to monitor and guide the implementation of integrated plant nutrition programmes through an interactive process involving farmers, research, extension services and other sectors of society;

b. Where appropriate, strengthen existing advisory services and train staff, develop and test new technologies and facilitate the adoption of practices to upgrade and maintain full productivity of the land.

Means of implementation (a) Financing and cost evaluation

14.97. The Conference secretariat has estimated the average total annual cost (1993-2000) of implementing the activities of this programme to be about $1.8 billion per year, including about $265 million from the international community on grant or concessional terms. These are indicative and order-of-magnitude estimates only and have not been reviewed by Governments. Actual costs and financial terms, including any that are non-concessional, will depend upon, inter alia, the specific strategies and programmes Governments decide upon for implementation.

 (b) Scientific and technological means

14.98. Governments at the appropriate level, with the support of the relevant international and regional organizations, should:

 a. Intensify public and private sector research in developing and industrialized countries on renewable sources of energy for agriculture;

b. Undertake research and transfer of energy technologies in biomass and solar energy to agricultural production and post-harvest activities.

(c) Human resource development

14.99. Governments at the appropriate level, with the support of the relevant international and regional organizations, should enhance public awareness of rural energy problems, stressing the economic and environmental advantages of renewable energy sources.

Activities Management-related activities

14.103. In affected regions, Governments at the appropriate level, with the support of the relevant international and regional organizations, should take the necessary measures, through institutional cooperation, to facilitate the implementation of research and evaluation regarding the effects of enhanced ultraviolet radiation on plant and animal life, as well as on agricultural activities, and consider taking appropriate remedial measures.

CHAPTER 15 CONSERVATION OF BIOLOGICAL DIVERSITY

Means of implementation (a) Financing and cost evaluation

15.8. The Conference secretariat has estimated the average total annual cost (1993-2000) of implementing the activities of this chapter to be about $3.5 billion, including about $1.75 billion from the international community on grant or concessional terms. These are indicative and order-of-magnitude estimates only and have not been reviewed by Governments. Actual costs and financial terms, including any that are non-concessional, will depend upon, inter alia, the specific strategies and programmes Governments decide upon for implementation.

(b) Scientific and technological means

15.9. Specific aspects to be addressed include the need to develop: a. Efficient methodologies for baseline surveys and inventories, as well as for the systematic sampling and evaluation of biological resources;

 b. Methods and technologies for the conservation of biological diversity and the sustainable use of biological resources; c. Improved and diversified methods for ex situ conservation with a view to the long-term conservation of genetic resources of importance for research and development.

(c) Human resource development

15.10. There is a need, where appropriate, to:

 a. Increase the number and/or make more efficient use of trained personnel in scientific and technological fields relevant to the conservation of biological diversity and the sustainable use of biological resources;

 b. Maintain or establish programmes for scientific and technical education and training of managers and professionals, especially in developing countries, on measures for the identification, conservation of biological diversity and the sustainable use of biological resources;

 c. Promote and encourage understanding of the importance of the measures required for the conservation of biological diversity and the sustainable use of biological resources at all policy-making and decision-making levels in Governments, business enterprises and lending institutions, and promote and encourage the inclusion of these topics in educational programmes.

(a) Financing and cost evaluation

15.8. The Conference secretariat has estimated the average total annual cost (1993-2000) of implementing the activities of this chapter to be about $3.5 billion, including about $1.75 billion from the international community on grant or concessional terms. These are indicative and order-of-magnitude estimates only and have not been reviewed by Governments. Actual costs and financial terms, including any that are non-concessional, will depend upon, inter alia, the specific strategies and programmes

Governments decide upon for implementation.

15.11. There is a need, where appropriate, to:

 a. Strengthen existing institutions and/or establish new ones responsible for the conservation of biological diversity and to consider the development of mechanisms such as national biodiversity institutes or centres;

 b. Continue to build capacity for the conservation of biological diversity and the sustainable use of biological resources in all relevant sectors;

 c. Build capacity, especially within Governments, business enterprises and bilateral and multilateral development agencies, for integrating biodiversity concerns, potential benefits and opportunity cost calculations into project design, implementation and evaluation processes, as well as for evaluating the impact on biological diversity of proposed development projects;

 

CHAPTER 17 PROTECTION OF THE OCEANS, ALL KINDS OF SEAS, INCLUDING ENCLOSED AND SEMI-ENCLOSED SEAS, AND COASTAL AREAS AND THE PROTECTION, RATIONAL USE AND DEVELOPMENT OF THEIR LIVING RESOURCES

17.2. The implementation by developing countries of the activities set forth below shall be commensurate with their individual technological and financial capacities and priorities in allocating resources for development needs and ultimately depends on the technology transfer and financial resources required and made available to them.

Objectives

17.5. Coastal States commit themselves to integrated management and sustainable development of coastal areas and the marine environment under their national jurisdiction. To this end, it is necessary to, inter alia:

a. Provide for an integrated policy and decision-making process, including all involved sectors, to promote compatibility and a balance of uses;

b. Identify existing and projected uses of coastal areas and their interactions;

 c. Concentrate on well-defined issues concerning coastal management;

 d. Apply preventive and precautionary approaches in project planning and implementation, including prior assessment and systematic observation of the impacts of major projects;

(a)  Management-related activities

17.6. Each coastal State should consider establishing, or where necessary strengthening, appropriate coordinating mechanisms (such as a high-level policy planning body) for integrated management and sustainable development of coastal and marine areas and their resources, at both the local and national levels. Such mechanisms should include consultation, as appropriate, with the academic and private sectors, non-governmental organizations, local communities, resource user groups, and indigenous people. Such national coordinating mechanisms could provide, inter alia, for:

 a. Preparation and implementation of land and water use and siting policies;

b. Implementation of integrated coastal and marine management and sustainable development plans and programmes at appropriate levels;

c. Preparation of coastal profiles identifying critical areas, including eroded zones, physical processes, development patterns, user conflicts and specific priorities for management;

d. Prior environmental impact assessment, systematic observation and follow-up of major projects, including the systematic incorporation of results in decision-making;

e. Contingency plans for human induced and natural disasters, including likely effects of potential climate change and sealevel rise, as well as contingency plans for degradation and pollution of anthropogenic origin, including spills of oil and other materials;

 f. Improvement of coastal human settlements, especially in housing, drinking water and treatment and disposal of sewage, solid wastes and industrial effluents;

 g. Periodic assessment of the impacts of external factors and phenomena to ensure that the objectives of integrated management and sustainable development of coastal areas and the marine environment are met;

h. Conservation and restoration of altered critical habitats;

i. Integration of sectoral programmes on sustainable development for settlements, agriculture, tourism, fishing, ports and industries affecting the coastal area;

 j. Infrastructure adaptation and alternative employment;

 k. Human resource development and training;

 l. Public education, awareness and information programmes;

 m. Promoting environmentally sound technology and sustainable practices;

n. Development and simultaneous implementation of environmental quality criteria

Means of implementation

(a)  Financing and cost evaluation 17.12. The Conference secretariat has estimated the average total annual cost (1993-2000) of implementing the activities of this programme to be about $6 billion including about $50 million from the international community on grant or concessional terms. These are indicative and order-ofmagnitude estimates only and have not been reviewed by Governments. Actual costs and financial terms, including any that are non-concessional, will depend upon, inter alia, the specific strategies and programmes Governments decide upon for implementation.

(b) 

 (b) Scientific and technological means

17.13. States should cooperate in the development of necessary coastal systematic observation, research and information management systems. They should provide access to and transfer environmentally safe technologies and methodologies for sustainable development of coastal and marine areas to developing countries. They should also develop technologies and endogenous scientific and technological capacities.

17.14. International organizations, whether subregional, regional or global, as appropriate, should support coastal States, upon request, in these efforts, as indicated above, devoting special attention to developing countries.

(c) Human resource development

17.15. Coastal States should promote and facilitate the organization of education and training in integrated coastal and marine management and sustainable development for scientists, technologists, managers (including community-based managers) and users, leaders, indigenous peoples, fisherfolk, women and youth, among others. Management and development, as well as environmental protection concerns and local planning issues, should be incorporated in educational curricula and public awareness campaigns, with due regard to traditional ecological knowledge and socio-cultural values.

17.16. International organizations, whet her subregional, regional or global, as appropriate, should support coastal States, upon request, in the areas indicated above, devoting special attention to developing countries.

Means of implementation

 (a) Financing and cost evaluation

17.12. The Conference secretariat has estimated the average total annual cost (1993-2000) of implementing the activities of this programme to be about $6 billion including about $50 million from the international community on grant or concessional terms. These are indicative and order-of

magnitude estimates only and have not been reviewed by Governments. Actual costs and financial terms, including any that are non-concessional, will depend upon, inter alia, the specific strategies and programmes Governments decide upon for implementation.

(b) Scientific and technological means

17.13. States should cooperate in the development of necessary coastal systematic observation, research and information management systems. They should provide access to and transfer environmentally safe technologies and methodologies for sustainable development of coastal and marine areas to developing countries. They should also develop technologies and endogenous scientific and technological capacities.

17.14. International organizations, whether subregional, regional or global, as appropriate, should support coastal States, upon request, in these efforts, as indicated above, devoting special attention to developing countries.

(c) Human resource development

17.15. Coastal States should promote and facilitate the organization of education and training in integrated coastal and marine management and sustainable development for scientists, technologists, managers (including community-based managers) and users, leaders, indigenous peoples, fisherfolk, women and youth, among others. Management and development, as well as environmental protection concerns and local planning issues, should be incorporated in educational curricula and public awareness campaigns, with due regard to traditional ecological knowledge and socio-cultural values.

17.16. International organizations, whet her subregional, regional or global, as appropriate, should support coastal States, upon request, in the areas indicated above, devoting special attention to developing countries.

17.30. States, acting individually, bilaterally, regionally or multilaterally and within the framework of IMO and other relevant international organizations, whether subregional, regional or global, as appropriate, should assess the need for additional measures to address degradation of the marine environment: a. From shipping, by:

 i. Supporting wider ratification and implementation of relevant shipping conventions and protocols;

ii. Facilitating the processes in (i), providing support to individual States upon request to help them overcome the obstacles identified by them;

 iii. Cooperating in monitoring marine pollution from ships, especially from illegal discharges (e.g., aerial surveillance), and enforcing MARPOL discharge, provisions more rigorously;

iv. )Assessing the state of pollution caused by ships in particularly sensitive areas identified by IMO and taking action to implement applicable measures, where necessary, within such areas to ensure compliance with generally accepted international regulations;

 v. Taking action to ensure respect of areas designated by coastal States, within their exclusive economic zones, consistent with international law, in order to protect and preserve rare or fragile ecosystems, such as coral reefs and mangroves;

vi. Considering the adoption of appropriate rules on ballast water discharge to prevent the spread of non-indigenous organisms;

 vii. Promoting navigational safety by adequate charting of coasts and shiprouting, as appropriate; viii. Assessing the need for stricter international regulations to further reduce the risk of accidents and pollution from cargo ships (including bulk carriers);

 ix. Encouraging IMO and IAEA to work together to complete consideration of a code on the carriage of irradiated nuclear fuel in flasks on board ships;

x. Revising and updating the IMO Code of Safety for Nuclear Merchant Ships and considering how best to implement a revised code;

xi. Supporting the ongoing activity within IMO regarding development of appropriate measures for reducing air pollution from ships;

xii. Supporting the ongoing activity within IMO regarding the development of an international regime governing the transportation of hazardous and noxious substances carried by ships and further considering whether the compensation funds similar to the ones established under the Fund Convention would be appropriate in respect of pollution damage caused by substances other than oil;

b. From dumping, by:

 i. Supporting wider ratification, implementation and participation in relevant Conventions on dumping at sea, including early conclusion of a future strategy for the London Dumping Convention;

 ii. Encouraging the London Dumping Convention parties to take appropriate steps to stop ocean dumping and incineration of hazardous substances;

 c. From offshore oil and gas platforms, by assessing existing regulatory measures to address discharges, emissions and safety and assessing the need for additional measures;

 d. From ports, by facilitating establishment of port reception facilities for the collection of oily and chemical residues and garbage from ships, especially in MARPOL special areas, and promoting the establishment of smaller scale facilities in marinas and fishing harbours.

17.31. IMO and as appropriate, other competent United Nations organizations, when requested by the States concerned, should assess, where appropriate, the state of marine pollution in areas of congested shipping, such as heavily used international straits, with a view to ensuring compliance with generally accepted international regulations, particularly those related to illegal discharges from ships, in accordance with the provisions of Part III of the United Nations Convention on the Law of the Sea.

17.32. States should take measures to reduce water pollution caused by organotin compounds used in anti-fouling paints.

17.33. States should consider ratifying the Convention on Oil Pollution Preparedness, Response and Cooperation, which addresses, inter alia, the development of contingency plans on the national and international level, as appropriate, including provision of oil-spill response material and training of personnel, including its possible extension to chemical spill response.

 17.34. States should intensify international cooperation to strengthen or establish, where necessary, regional oil/chemical-spill response centres and/or, as appropriate, mechanisms in cooperation with relevant subregional, regional or global intergovernmental organizations and, where appropriate, industry-based organizations.

Means of implementation

 (a) Financing and cost evaluation

17.36. The Conference secretariat has estimated the average total annual cost (1993-2000) of implementing the activities of this programme to be about $200 million from the international community on grant or concessional terms. These are indicative and order-of-magnitude estimates only and have not been reviewed by Governments. Actual costs and financial terms, including any that are non-concessional, will depend upon, inter alia, the specific strategies and programmes Governments decide upon for implementation.

(b) Scientific and technological means

17.37. National, subregional and regional action programmes will, where appropriate, require technology transfer, in conformity with chapter 34, and financial resources, particularly where developing countries are concerned, including:

a. Assistance to industries in identifying and adopting clean production or cost-effective pollution control technologies;

 b. Planning development and application of low-cost and low-maintenance sewage installation and treatment technologies for developing countries;

c. Equipment of laboratories to observe systematically human and other impacts on the marine environment;

 d. Identification of appropriate oil- and chemical-spill control materials, including low-cost locally available materials and techniques, suitable for pollution emergencies in developing countries;

e. Study of the use of persistent organohalogens that are liable to accumulate in the marine environment to identify those that cannot be adequately controlled and to provide a basis for a decision on a time schedule for phasing them out as soon as practicable;

f. Establishment of a clearing-house for information on marine pollution control, including processes and technologies to address marine pollution control, and support for their transfer to developing and other countries with demonstrated needs.

 (c) Human resource development

17.38. States individually or in cooperation with each other and with the support of international organizations, whether subregional, regional or global, as appropriate, should:

a. Provide training for critical personnel required for the adequate protection of the marine environment as identified by training needs' surveys at the national, regional or subregional levels;

b. Promote the introduction of marine environmental protection topics into the curriculum of marine studies programmes;

 c. Establish training courses for oil- and chemical-spill response personnel, in cooperation, where appropriate, with the oil and chemical industries;

 d. Conduct workshops on environmental aspects of port operations and development;

e. Strengthen and provide secure financing for new and existing specialized international centres of professional maritime education;

f. States should, through bilateral and multilateral cooperation, support and supplement the national efforts of developing countries as regards human resource development in relation to prevention and reduction of degradation of the marine environment.

17.62. States should cooperate for the conservation, management and study of cetaceans. Means of implementation

 (a) Financing and cost evaluation

17.63. The Conference secretariat has estimated the average total annual cost (1993-2000) of implementing the activities of this programme to be about $12 million from the international community on grant or concessional terms. These are indicative and order-of-magnitude estimates only and have not been reviewed by Governments. Actual costs and financial terms, including any that are non-concessional, will depend upon, inter alia, the specific strategies and programmes Governments decide upon for implementation. (b) Scientific and technological means

17.64. States, with the support of relevant international organizations, where necessary, should develop collaborative technical and research programmes to improve understanding of the life cycles and migrations of species found on the high seas, including identifying critical areas and life stages.

 17.65. States, with the support of relevant internat ional organizations, whether subregional, regional or global, as appropriate, should:

a. Develop databases on the high seas marine living resources and fisheries;

 b. Collect and correlate marine environmental data with high seas marine living resources data, including the impacts of regional and global changes brought about by natural causes and by human activities;

c. Cooperate in coordinating research programmes to provide the knowledge necessary to manage high seas resources.

 (c) Human resource development

17.66. Human resource development at the national level should be targeted at both development and management of high seas resources, including training in high seas fishing techniques and in high seas resource assessment, strengthening cadres of personnel to deal with high seas resource management and conservation and related environmental issues, and training observers and inspectors to be placed on fishing vessels.

(d) Capacity-building

17.67. States, with the support, where appropriate, of relevant international organizations, whether subregional, regional or global, should cooperate to develop or upgrade systems and institutional structures for monitoring, control and surveillance, as well as the research capacity for assessment of marine living resource populations.

17.68. Special support, including cooperation among States, will be needed to enhance the capacities of developing countries in the areas of data and information, scientific and technological means, and human resource development in order to participate effectively in the conservation and sustainable utilization of high seas marine living resources.

D. Sustainable use and conservation of marine living resources under national jurisdiction Basis for action

17.69. Marine fisheries yield 80 to 90 million tons of fish and shellfish per year, 95 per cent of which is taken from waters under national jurisdiction. Yields have increased nearly fivefold over the past four decades. The provisions of the United Nations Convention on the Law of the Sea on marine living resources of the exclusive economic zone and other areas under national jurisdiction set forth rights and obligations of States with respect to conservation and utilization of those resources.

17.70. Marine living resources provide an important source of protein in many countries and their use is often of major importance to local communities and indigenous people. Such resources provide food and livelihoods to millions of people and, if sustainably utilized, offer increased potential to meet nutritional and social needs, particularly in developing countries. To realize this potential requires improved knowledge and identification of marine living resource stocks, particularly of underutilized and unutilized stocks and species, use of new technologies, better handling and processing facilities to avoid wastage, and improved quality and training of skilled personnel to manage and conserve effectively the marine living resources of the exclusive economic zone and other areas under national jurisdiction. Emphasis should also be on multi-species management and other approaches that take into account the relationships among species.

17.71. Fisheries in many areas under national jurisdiction face mounting problems, including local overfishing, unauthorized incursions by foreign fleets, ecosystem degradation, overcapitalization and excessive fleet sizes, under evaluation of catch, insufficiently selective gear, unreliable databases, and increasing competition between artisanal and large-scale fishing, and between fishing and other types of activities.

17.72. Problems extend beyond fisheries. Coral reefs and other marine and coastal habitats, such as mangroves and estuaries, are among the most highly diverse, integrated and productive of the Earth's ecosystems. They often serve import ant ecological functions, provide coastal protection, and are critical resources for food, energy, tourism and economic development. In many parts of the world, such marine and coastal systems are under stress or are threatened from a variety of sources, both human and natural.

Objectives

17.73. Coastal States, particularly developing countries and States whose economies are overwhelmingly dependent on the exploitation of the marine living resources of their exclusive economic zones, should obtain the full social and economic benefits from sustainable utilization of marine living resources within their exclusive economic zones and other areas under national jurisdiction.

17.74. States commit themselves to the conservation and sustainable use of marine living resources under national jurisdiction. To this end, it is necessary to:

a. Develop and increase the potential of marine living resources to meet human nutritional needs, as well as social, economic and development goals;

b. Take into account traditional knowledge and interests of local communities, small-scale artisanal fisheries and indigenous people in development and management programmes;

c. Maintain or restore populations of marine species at levels that can produce the maximum sustainable yield as qualified by relevant environmental and economic factors, taking into consideration relationships among species;

d. Promote the development and use of selective fishing gear and practices that minimize waste in the catch of target species and minimize by-catch of non-target species; e. Protect and restore endangered marine species;

 f. Preserve rare or fragile ecosystems, as well as habitats and other ecologically sensitive areas.

17.75. Nothing in paragraph 17.74 above restricts the right of a coastal State or the competence of an international organization, as appropriate, to prohibit, limit or regulate the exploitation of marine mammals more strictly than provided for in that paragraph. States shall cooperate with a view to the conservation of marine mammals and in the case of cetaceans shall in particular work through the appropriate international organizations for their conservation, management and study.

17.76. The ability of developing countries to fulfil the above objectives is dependent upon their capabilities, including the financial, scientific and technological means at their disposal. Adequate financial, scientific and technological cooperation should be provided to support action by them to implement these objectives.

 

Means of implementation (a) Financing and cost evaluation

17.108. The Conference secretariat has estimated the average total annual cost (1993-2000) of implementing the activities of this programme to be about $750 million, including about $480 million from the international community on grant or concessional terms. These are indicative and order-ofmagnitude estimates only and have not been reviewed by Governments. Actual costs and financial terms, including any that are non-concessional, will depend upon, inter alia, the specific strategies and programmes Governments decide upon for implementation.

17.109. Developed countries should provide the financing for the further development and implementation of the Global Ocean Observing System.

 (b) Scientific and technological means

17.110. To address critical uncertainties through systematic coastal and marine observations and research, coastal States should cooperate in the development of procedures that allow for comparable analysis and soundness of data. They should also cooperate on a subregional and regional basis, through existing programmes where applicable, share infrastructure and expensive and sophisticated equipment, develop quality assurance procedures and develop human resources jointly. Special attention should be given to transfer of scientific and technological knowledge and means to support States, particularly developing countries, in the development of endogenous capabilities.

 17.111. International organizations should support, when requested, coastal countries in implementing research projects on the effects of additional ultraviolet radiation.

(c) Human resource development

17.112. States, individually or through bilateral and multilateral cooperation and with the support, as appropriate, of international organizations whether subregional, regional or global, should develop and implement comprehensive programmes, particularly in developing countries, for a broad and coherent approach to meeting their core human resource needs in the marine sciences.

 (d) Capacity-building

17.113. States should strengthen or establish as necessary, national scientific and technological oceanographic commissions or equivalent bodies to develop, support and coordinate marine science activities and work closely with international organizations.

17.114. States should use existing subregional and regional mechanisms, where applicable, to develop knowledge of the marine environment, exchange information, organize systematic observations and assessments, and make the most effective use of scientists, facilities and equipment. They should also cooperate in the promotion of endogenous research capabilities in developing countries.

F. Strengthening international, including regional, cooperation and coordination Basis for action

17.115. It is recognized that the role of international cooperation is to support and supplement national efforts. Implementation of strategies and activities under the programme areas relative to marine and coastal areas and seas requires effective institutional arrangements at national, subregional, regional and global levels, as appropriate. There are numerous national and international, including regional, institutions, both within and outside the United Nations system, with competence in marine issues, and there is a need to improve coordination and strengthen links among them. It is also important to ensure that an integrated and multisectoral approach to marine issues is pursued at all levels.

Means of implementation

(a) Financing and cost evaluation

17.121. The Conference secretariat has estimated the average total annual cost (1993-2000) of implementing the activities of this programme to be about $50 million from the international community on grant or concessional terms. These are indicative and order-of-magnitude estimates only and have not been reviewed by Governments. Actual costs and financial terms, including any that are non-concessional, will depend upon, inter alia, the specific strategies and programmes Governments decide upon for implementation. (

b) Scientific and technological means, human resource development and capacity-building

17.122.

The means of implementation outlined in the other programme areas on marine and coastal issues, under the sections on Scientific and technological means, human resource development and capacitybuilding are entirely relevant for this programme area as well. Additionally, States should, through international cooperation, develop a comprehensive programme for meeting the core human resource needs in marine sciences at all levels.

17.128

e. Review the existing institutional arrangements and identify and undertake appropriate institutional reforms essential to the effective implementation of sustainable development plans, including intersectoral coordination and community participation in the planning process;

NOT INCLUDED; CONSIDERATION SHOULD BE GIVEN TO STRICTED REGULATIONS THAN PROPOSED HERE

16. biotechnology18.1 - 18.90 19. Environmentally sound management of toxic chemicals, including prevention of illegal international traffic in toxic and dangerous products 19.1 - 19.76 20. Environmentally sound management of hazardous wastes, in hazardous wastes 20.1 - 20.46 21. Environmentally sound management of solid wastes and sewage-related issues 21.1 - 21.49 22. Safe and environmentally sound management of radioactive wastes

SECTION IV. MEANS OF IMPLEMENTATION

33. Financial resources and mechanisms 33.1 - 33.21

 34. Transfer of environmentally sound technology, cooperation and capacity-building 34.1 –

34.29 35. Science for sustainable development 35.1 - 35.25

36. Promoting education, public awareness and training

36.1 - 36.27

37. National mechanisms and international cooperation for capacity-building in developing countries 37.1 - 37.

13 38. International institutional arrangements 38.1 - 38.45 39. International legal instruments and mechanisms 39.1 - 39.10 40. Information for decision-making

33.1. The General Assembly, in resolution 44/228 of 22 December 1989, inter alia, decided that the United Nations Conference on Environment and Development should: Identify ways and means of providing new and additional financial resources, particularly to developing countries, for environmentally sound development programmes and projects in accordance with national development objectives, priorities and plans and to consider ways of effectively monitoring the provision of such new and additional financial resources, particularly to developing countries, so as to enable the international community to take further appropriate action on the basis of accurate and reliable data; Identify ways and means of providing additional financial resources for measures directed towards solving major environmental problems of global concern and especially of supporting those countries, in particular developing countries, for which the implementation of such measures would entail a special or abnormal burden, owing, in particular, to their lack of financial resources, expertise or technical capacity;

 

Quantify the financial requirements for the successful implementation of Conference decisions and recommendations and identify possible sources, including innovative ones, of additional resources.

33.2. This chapter deals with the financing of the implementation of Agenda 21, which reflects a global consensus integrating environmental considerations into an accelerated development process. For each of t he other chapters, the secretariat of the Conference has provided indicative estimates of the total costs of implementation for developing countries and the requirements for grant or other concessional financing needed from the international community. These reflect the need for a substantially increased effort, both by countries themselves and by the international community.

33.3. Economic growth, social development and poverty eradication are the first and overriding priorities in developing countries and are themselves essential to meeting national and global sustainability objectives. In the light of the global benefits to be realized by the implementation of Agenda 21 as a whole, the provision to developing countries of effective means, inter alia, financial resources and technology, without which it will be difficult for them to fully implement their commitments, will serve the common interests of developed and developing countries and of humankind in general, including future generations.

33.4. The cost of inaction could outweigh the financial costs of implementing Agenda 21. Inaction will narrow the choices of future generations.

33.10. The implementation of the huge sustainable development programmes of Agenda 21 will require the provision to developing countries of substantial new and additional financial resources. Grant or concessional financing should be provided according to sound and equitable criteria and indicators. The progressive implementation of Agenda 21 should be matched by the provision of such necessary financial resources. The initial phase will be accelerated by substantial early commitments of concessional funding.

OBJECTIVES 33.11. The objectives are as follows:

a. To establish measures concerning financial resources and mechanisms for the implementation of Agenda 21;

b. To provide new and additional financial resources that are both adequate and predictable;

 c. To seek full use and continuing qualitative improvement of funding mechanisms to be utilized for the implementation of Agenda 21.

 

ACTIVITIES 33.12. Fundamentally, the activities of this chapter are related to the implementation of all the other chapters of Agenda 21. MEANS OF IMPLEMENTATION 33.13. In general, the financing for the implementation of Agenda 21 will come from a country's own public and private sectors. For developing countries, particularly the least developed countries, ODA is a main source of external funding, and substantial new and additional funding for sustainable development and implementation of Agenda 21 will be required. Developed countries reaffirm their commitments to reach the accepted United Nations target of 0.7 per cent of GNP for ODA and, to the extent that they have not yet achieved that target, agree to augment their aid programmes in order to reach that target as soon as possible and to ensure prompt and effective implementation of Agenda 21. Some countries have agreed to reach the target by the year 2000. It was decided that the Commission on Sustainable Development would regularly review and monitor progress towards this target. This review process should systematically combine the monitoring of the implementation of Agenda 21 with a review of the financial resources available. Those countries that have already reached the target are to be commended and encouraged to continue to contribute to the common effort to make available the substantial additional resources that have to be mobilized. Other developed countries, in line with their support for reform efforts in developing countries, agree to make their best efforts to increase their level of ODA. In this context, the importance of equitable burden-sharing among developed countries is recognized. Other countries, including those undergoing the process of transition to a market economy, may voluntarily augment the contributions of the developed countries.

33.14. Funding for Agenda 21 and other outcomes of the Conference should be provided in a way that maximizes the availability of new and additional resources and uses all available funding sources and mechanisms. These include, among others: a. The multilateral development banks and funds:

i. The International Development Association (IDA). Among the various issues and options that IDA deputies will examine in connection with the forthcoming tenth replenishment of IDA, the statement made by the President of the World Bank at the United Nations Conference on Environment and Development should be given special consideration in order to help the poorest countries meet their sustainable development objectives as contained in Agenda 21;

ii. Regional and subregional development banks. The regional and subregional development banks and funds should play an increased and more effective role in providing resources on concessional or other favourable terms needed to implement Agenda 21;

iii. The Global Environment Facility, managed jointly by the World Bank, UNDP and UNEP, whose additional grant and concessional funding is designed to achieve global environmental benefits, should cover the agreed incremental costs of relevant activities under Agenda 21, in particular for developing countries. Therefore, it should be restructured so as to, inter alia: Encourage universal participation; Have sufficient flexibility to expand its scope and coverage to relevant programme areas of Agenda 21, with global environmental benefits, as agreed; Ensure a governance that is transparent and democratic in nature, including in terms of decision-making and operations, by guaranteeing a balanced and equitable representation of the interests of developing countries and giving due weight to the funding efforts of donor countries; Ensure new and additional financial resources on grant and concessional terms, in particular to developing countries; Ensure predictability in the flow of funds by contributions from developed countries, taking into account the importance of equitable burden-sharing; Ensure access to and disbursement of the funds under mutually agreed criteria without introducing new forms of conditionality;

 b. The relevant specialized agencies, other United Nations bodies and other international organizations, which have designated roles to play in supporting national Governments in implementing Agenda 21;

c. Multilateral institutions for capacity-building and technical cooperation. Necessary financial resources should be provided to UNDP to use its network of field offices and its broad mandate and experience in the field of technical cooperation for facilitating capacity-building at the country level, making full use of the expertise of the specialized agencies and other United Nations bodies within their respective areas of competence, in particular UNEP and including the multilateral and regional development banks; d. Bilateral assistance programmes. These programmes will need to be strengthened in order to promote sustainable development; e. Debt relief. It is important to achieve durable solutions to the debt problems of lowand middle-income developing countries in order to provide them with the needed means for sustainable development. Measures to address the continuing debt problems of low- and middle-income countries should be kept under review. All creditors in the Paris Club should promptly implement the agreement of December 1991 to provide debt relief for the poorest heavily indebted countries pursuing structural adjustment; debt relief measures should be kept under review so as to address the continuing difficulties of those countries; f. Private funding. Voluntary contributions through non-governmental channels, which have been running at about 10 per cent of ODA, might be increased.

 33.15. Investment. Mobilization of higher levels of foreign direct investment and technology transfers should be encouraged through national policies that promote investment and through joint ventures and other modalities.

33.16. Innovative financing. New ways of generating new public and private financial resources should be explored, in particular:

 a. Various forms of debt relief, apart from official or Paris Club debt, including greater use of debt swaps;

b. The use of economic and fiscal incentives and mechanisms;

 c. The feasibility of tradeable permits;

d. New schemes for fund-raising and voluntary contributions through private channels, including non-governmental organizations;

e. The reallocation of resources at present committed to military purposes.

33.18. The secretariat of the Conference has estimated the average annual costs (1993-2000) of implementing in developing countries the activities in Agenda 21 to be over $600 billion, including about $125 billion on grant or concessional terms from the international community. These are indicative and order-of-magnitude estimates only, and have not been reviewed by Governments. Actual costs will depend upon, inter alia, the specific strategies and programmes Governments decide upon for implementation.

OBJECTIVES 34.14. The following objectives are proposed:

a. To help to ensure the access, in particular of developing countries, to scientific and technological information, including information on state-of-the-art technologies;

b. To promote, facilitate, and finance, as appropriate, the access to and the transfer of environmentally sound technologies and corresponding know-how, in particular to developing countries, on favourable terms, including on concessional and preferential terms, as mutually agreed, taking into account the need to protect intellectual property rights as well as the special needs of developing countries for the implementation of Agenda 21;

 c. To facilitate the maintenance and promotion of environmentally sound indigenous technologies that may have been neglected or displaced, in particular in developing countries, paying particular attention to their priority needs and taking into account the complementary roles of men and women;

d. To support endogenous capacity-building, in particular in developing countries, so they can assess, adopt, manage and apply environmentally sound technologies. This could be achieved through inter alia:

 i. Human resource development;

 ii. Strengthening of institutional capacities for research and development and programme implementation;

 iii. Integrated sector assessments of technology needs, in accordance with countries' plans, objectives and priorities as foreseen in the implementation of Agenda 21 at the national level; iv. To promote long-term technological partnerships between holders of environmentally sound technologies and potential users.

 

****1995  SEE; SDG GOAL 5;

SDG Goal 5 – Time to implement the Beijing Platform of Action

http://pejnews.com/index.php?option=com_content&view=article&id=10346:-sdg-goal-5-to-implement-the-the-beijing-platform-of-action&catid=74:ijustice-news&Itemid=216

 

****1996 HABITAT II AGENDA

Annex I Istanbul Declaration on Human Settlements 1. We, the Heads of State or Government and the official delegations of countries assembled at the United Nations Conference on Human Settlements (Habitat II) in Istanbul, Turkey from 3 to 14 June 1996, take this opportunity to endorse the universal goals of ensuring adequate shelter for all and making human settlements safer, healthier and more liveable, equitable, sustainable and productive. Our deliberations on the two major themes of the Conference - adequate shelter for all and sustainable human settlements development in an urbanizing world - have been inspired by the Charter of the United Nations and are aimed at reaffirming existing and forging new partnerships for action at the international, national and local levels to improve our living environment. We commit ourselves to the objectives, principles and recommendations contained in the Habitat Agenda and pledge our mutual support for its implementation.

12. We adopt the enabling strategy and the principles of partnership and participation as the most democratic and effective approach for the realization of our commitments. Recognizing local authorities as our closest partners, and as essential, in the implementation of the Habitat Agenda, we must, within the legal framework of each country, promote decentralization through democratic local authorities and work to strengthen their financial and institutional capacities in accordance with the conditions of countries, while ensuring their transparency, accountability and responsiveness to the needs of people, which are key requirements for Governments at all levels. We shall also increase our cooperation with parliamentarians, the private sector, labour unions and non-governmental and other civil society organizations with due respect for their autonomy. We shall also enhance the role of women and encourage socially and environmentally responsible corporate investment by the private sector. Local action should be guided and stimulated through local programmes based on Agenda 21, the Habitat Agenda, or any other equivalent programme, as well as drawing upon the experience of worldwide cooperation initiated in Istanbul by the World Assembly of Cities and Local Authorities, without prejudice to national policies, objectives, priorities and programmes. The enabling strategy includes a responsibility for Governments to implement special measures for members of disadvantaged and vulnerable groups when appropriate.

13. As the implementation of the Habitat Agenda will require adequate funding, we must mobilize financial resources at the national and international levels, including new and additional resources from all sources - multilateral and bilateral, public and private. In this connection, we must facilitate capacity-building and promote the transfer of appropriate technology and know-how. Furthermore, we reiterate the commitments set out in recent United Nations conferences, especially those in Agenda 21 on funding and technology transfer.

14. We believe that the full and effective implementation of the Habitat Agenda will require the strengthening of the role and functions of the United Nations Centre for Human Settlements (Habitat), taking into account the need for the Centre to focus on well-defined and thoroughly developed objectives and strategic issues. To this end, we pledge our support for the successful implementation of the Habitat Agenda and its global plan of action. A/CONF.165/14 page 10 Regarding the implementation of the Habitat Agenda, we fully recognize the contribution of the regional and national action plans prepared for this Conference.

15. This Conference in Istanbul marks a new era of cooperation, an era of a culture of solidarity. As we move into the twenty-first century, we offer a positive vision of sustainable human settlements, a sense of hope for our common future and an exhortation to join a truly worthwhile and engaging challenge, that of building together a world where everyone can live in a safe home with the promise of a decent life of dignity, good health, safety, happiness and hope.

6. Having considered the experience since the first United Nations Conference on Human Settlements, held at Vancouver, Canada, in 1976, Habitat II reaffirms the results from relevant recent world conferences and has developed them into an agenda for human settlements: the Habitat Agenda. The United Nations Conference on Environment and Development - the Earth Summit - held at Rio de Janeiro, Brazil, in 1992, produced Agenda 21. At that Conference, the international community agreed on a framework for the sustainable development of human settlements. Each of the other conferences, including the Fourth World Conference on Women (Beijing, 1995), World Summit for Social Development (Copenhagen, 1995), the International Conference on Population and Development (Cairo, 1994), the Global Conference on the Sustainable Development of Small Island Developing States (Barbados, 1994), the World Conference on Natural Disaster Reduction (Yokohama, 1994) and the World Conference on Human Rights (Vienna, 1993), as well as the World Summit for Children (New York, 1990) and the World Conference on Education for All (Jomtien, Thailand, 1990), also addressed important social, economic and environmental issues, including components of the sustainable development agenda, for which successful implementation requires action at the local, national and international levels. The Global Strategy for Shelter to the Year 2000, adopted in 1988, which emphasizes the need for improved production and delivery of shelter, revised na

tional housing policies and an enabling strategy, offers useful guidelines for the realization of adequate shelter for all in the next century.

20. There are critical differences regarding human settlements in different regions and countries and within countries. The differences, specific situations and varying capacities of each community and country need to be taken into account in the implementation of the Habitat Agenda. In this context, international, regional, subregional, national and local cooperation and partnerships, institutions such as the Commission on Human Settlements and the United Nations Centre for Human Settlements (Habitat), as well as resources, are central to the implementation of the Habitat Agenda.

24. Implementation of the Habitat Agenda, including implementation through national laws and development priorities, programmes and policies, is the sovereign right and responsibility of each State in conformity with all human rights and fundamental freedoms, including the right to development, and taking into account the significance of and with full respect for various religious and ethical values, cultural backgrounds, and philosophical convictions of individuals and their communities, contributing to the full enjoyment by all of their human rights in order to achieve the objectives of adequate shelter for all and sustainable human settlements development.

35. To safeguard the interests of present and future generations in human settlements is one of the fundamental goals of the international community. The formulation and implementation of strategies for human settlements development are primarily the responsibility of each country at the national and local levels within the legal framework of each country, inter alia, by creating an enabling environment for human settlements development, and should take into account the economic, social and environmental diversity of conditions in each country. New and additional financial resources from various sources are necessary to achieve the goals of adequate shelter for all and sustainable human settlements development in an urbanizing world. The existing resources available to developing countries - public, private, multilateral, bilateral, domestic and external - need to be enhanced through appropriate and flexible mechanisms and economic instruments to support adequate shelter for all and sustainable human settlements development. These should be accompanied by concrete measures for international technical cooperation and information exchange.

 

42 (p) Promoting optimal use of productive land in urban and rural areas and protecting fragile ecosystems and environmentally vulnerable areas from the negative impacts of human settlements, inter alia, through developing and supporting the implementation of improved land management practices that deal comprehensively with potentially competing land requirements for agriculture, industry, transport, urban development, green space, protected areas and other vital needs;

45 (m) Facilitating participation by tenants in the management of public and community-based housing and by women and those belonging to vulnerable and disadvantaged groups in the planning and implementation of urban and rural development.

46 (c) Collecting, analysing and disseminating gender-disaggregated data and information on human settlements issues, including statistical means that recognize and make visible the unremunerated work of women, for use in policy and programme planning and implementation;

(c)  Integrating a gender perspective in the design and implementation of environmentally sound and sustainable resource management mechanisms, production techniques and infrastructure development in rural and urban areas;

E. Financing shelter and human settlements

47. While recognizing that the housing and shelter sector is a productive sector and should be eligible, inter alia, for commercial financing, we commit ourselves to strengthening existing financial mechanisms and, where appropriate, developing innovative approaches for financing the implementation of the Habitat Agenda, which will mobilize additional resources from various sources of finance - public, private, multilateral and bilateral - at the international, regional, national and local levels, and which will promote the efficient, effective and accountable allocation and management of resources, recognizing that local institutions involved in micro-credit may hold the most potential for housing the poor.

F. International cooperation

49. We commit ourselves - in the interests of international peace, security, justice and stability - to enhancing international cooperation and partnerships that will assist in the implementation of national plans of action and the global plan of action and in the attainment of the goals of the Habitat Agenda by contributing to and participating in multilateral, regional and bilateral cooperation programmes and institutional arrangements and technical and financial assistance programmes; by promoting the exchange of appropriate technology; by collecting, analysing and disseminating information about shelter and human settlements; and by international networking.

G. Assessing progress

51. We commit ourselves to observing and implementing the Habitat Agenda as a guide for action within our countries and will monitor progress towards that goal. Quantitative and qualitative indicators at the national and local levels, which are disaggregated to reflect the diversity of our societies, are essential for planning, monitoring and evaluating progress towards the achievement of adequate shelter for all and sustainable human settlements. In this regard, the well-being of children is a critical indicator of a healthy society. Age and gender-sensitive indicators, disaggregated data and A/CONF.165/14 page 31 appropriate data-collection methods must be developed and used to monitor the impact of human settlements policies and practices on cities and communities, with special and continuous attention to the situation of those belonging to disadvantaged and vulnerable groups. We recognize the need for an integrated approach and concerted action to achieve the objective of adequate shelter for all and to sustainable human settlements development and will strive for coordinated implementation of international commitments and action programmes.

52. We further commit ourselves to assessing, with a view to its revitalization, the United Nations Centre for Human Settlements (Habitat), whose responsibilities, inter alia, include coordination and assisting all States in the implementation of the Habitat Agenda.

Chapter IV GLOBAL PLAN OF ACTION: STRATEGIES FOR IMPLEMENTATION

A. Introduction*

 53. Twenty years ago in Vancouver, at the first United Nations Conference on Human Settlements, the world community adopted an agenda for human settlements development. Since then, there have been remarkable changes in population and social, political, environmental and economic circumstances that affect the strategic outlook. These changes have led many Governments to adopt and promote enabling policies to facilitate actions by individuals, families, communities and the private sector to improve human settlements conditions. However, it is estimated that at least one billion human beings still lack adequate shelter and are living in unacceptable conditions of poverty, mostly in developing countries.

54. While the rate of population growth is on the decline, during the past 20 years world population has increased from about 4.2 billion to about 5.7 billion, with nearly one third under 15 years of age and an increasing number of people living in cities. By the turn of the century, humankind will be crossing a threshold where over 50 per cent of the population lives in urban areas. Meeting the needs of the nearly two billion more people expected in the coming two decades and managing human settlements towards sustainability will be a daunting task. In developing countries, in particular, rapid urbanization and the growth of towns, cities and megacities, where public and private resources tend to concentrate, represent new challenges and at the same time new opportunities: there is a need to address the root causes of these phenomena, including rural to urban migration.

55. In the economic sphere, the increasing globalization of the economy means that people in communities are trading in broader markets, and investment funds are more often available from international sources. As a result, the level of economic development has increased in many countries. At the same time, the gap between poor and rich - countries as well as people - has widened, hence the continuing need for partnerships to create a more favourable international economic environment. New communications technology makes information much more widely accessible and accelerates all processes of change. In many societies, new issues of social cohesion and personal security have emerged and the issue of solidarity has become central. Unemployment, environmental degradation, social disintegration and large-scale populations displacements, as well as intolerance, violence, and violation of human rights, have also emerged as critical factors. We must keep these new conditions in view as we draw up human settlements strategies for the first two decades of the twenty-first century.

56. While Habitat II is a conference of States and there is much that national Governments can do to enable local communities to solve problems, the * Whenever the term "Governments" is used, it shall be deemed to include the European Community within its areas of competence. A/CONF.165/14 page 33 actors who will determine success or failure in improving the human settlements condition are mostly found at the community level in the public, private and non-profit sectors. It is they, local authorities and other interested parties, who are on the front line in achieving the goals of Habitat II. Although the structural causes of problems have often to be dealt with at the national and sometimes the international level, progress will depend to a large degree on local authorities, civic engagement and the forging of partnerships at all levels of government with the private sector, the cooperative sector, non-governmental and community-based organizations, workers and employers and civil society at large.

57. Habitat II is one in an extraordinary series of world conferences held under the auspices of the United Nations over the past five years. All addressed important issues of people-centred sustainable development, including sustained economic growth and equity, for which successful implementation requires action at all levels, particularly the local level. Strategies on social, economic, environmental, disaster reduction, population, disability and gender issues will have to be implemented in urban and rural areas - in particular, where the problems are acute and generate tension.

 58. At Habitat II, Governments at all levels, the community and the private sector have considered how the achievement of the two principal goals of "Adequate shelter for all" and "Sustainable human settlements development in an urbanizing world" can be furthered at the local level through an enabling process in which individuals, families and their communities play a central role. This is what is special about the global plan of action of Habitat II and the strategies for its implementation. Implementation of these measures will need to be adapted to the specific situation of each country and community.

59. The strategy of the global plan of action is based on enablement, transparency and participation. Under this strategy, government efforts are based on establishing legislative, institutional and financial frameworks that will enable the private sector, non-governmental organizations and community groups to fully contribute to the achievement of adequate shelter for all and sustainable human settlements development and enable all women and men to work with each other and in their communities with Governments at all levels to determine their future collectively, decide on priorities for action, identify and allocate resources fairly and build partnerships to achieve common goals. Enablement creates:

 (a) A situation in which the full potential and resources of all actors in the process of producing and improving shelter are mobilized;

(b) The conditions for women and men to exercise their individual rights and responsibilities equally and to engage their abilities effectively in activities that will improve and sustain their living environments;

(c) The conditions for organizations and institutions to interact and network, building partnerships for the objectives of adequate shelter for all and sustainable human settlements development;

(d) The conditions for self-improvement by all;

(e) The conditions for enhancing international cooperation.

 

79.

iv) Supporting the capacity-building and accumulation of experience of non-governmental organizations and peoples' organizations in order to make them efficient and competent partners in the implementation of national housing plans of action;

85. (k) Planning and implementation systems that integrate all of the above factors into the design and operation of sustainable human settlements.

 

Actions

113. Governments at the appropriate levels, including local authorities and other interested parties, with the support of the relevant international and regional institutions, should support the efforts of human settlements to establish sustainable urban land-use patterns and planning and, to that end, should: (a) Establish, as appropriate, legal frameworks to facilitate the development and implementation, at the national, subnational and local levels, of public plans and policies for sustainable urban development and rehabilitation, land utilization, housing and the improved management of urban growth;

114 (h) Develop and support the implementation of improved land-management practices that deal comprehensively with competing urban land requirements for housing, industry, commerce, infrastructure, transport, green spaces and forested areas, taking into account the need for spaces for everyday activities - for playgrounds, parks, sports and recreation areas and areas suitable for gardening and urban agriculture;

171. The most efficient and effective disaster preparedness systems and capabilities for post-disaster response are usually provided through volunteer contributions and local authority actions at the neighbourhood level. These can operate independently, irrespective of reduced, damaged or destroyed infrastructure or capacity elsewhere. Specific actions are also required at the appropriate levels of government, including local authorities, in partnership with the private sector and in close coordination with all community groups, to put into place disaster preparedness and response capacities that are coordinated in their planning but flexible in their implementation. The reduction of vulnerability, as well as the capacity to respond, to disasters is directly related to the degree of decentralized access to information, communication and decision-making and the control of resources. National and international cooperation networks can facilitate rapid access to specialist expertise, which can help to build capacities for disaster reduction, to provide early warning of impending disasters and to mitigate their effects. Women and children are the most affected in situations of disaster, and their needs should be considered at all stages of disaster management. Women's active involvement in disaster planning and management should be encouraged.

175. In order to prevent technological and industrial disasters, Governments at the appropriate levels, including local authorities, as appropriate, should:

(a) Pursue the objectives of preventing major technological accidents and limiting their consequences through, inter alia, land-use policies and the promotion of safe technology;

(b) Take the necessary measures to control the siting of new developments surrounding dangerous industrial activities that may be liable to increase the risk of the effects of a major accident through appropriate consultation procedures to facilitate the implementation of the policies established under subparagraph (a) above;

179. Empowerment and participation contribute to democracy and sustainable human settlements development. Policy formulation and implementation by Governments should be guided by the principles of accountability, transparency and broad-based public participation. Accountability and transparency are imperative in order to prevent corruption and ensure that the available resources are used to the benefit of all people. Each Government should ensure the right of all members of its society to take an active part in the affairs of the community in which they live, and ensure and encourage participation in policy-making at all levels.

Actions

180. To ensure effective decentralization and strengthening of local authorities and their associations/networks, Governments at the appropriate levels should:

(a) Examine and adopt, as appropriate, policies and legal frameworks from other States that are implementing decentralization effectively;

 (b) Review and revise, as appropriate, legislation to increase local autonomy and participation in decision-making, implementation, and resource mobilization and use, especially with respect to human, technical and financial resources and local enterprise development, within the overall A/CONF.165/14 page 91 framework of a national, social, economic and environmental strategy, and encourage the participation of the inhabitants in decision-making regarding their cities, neighbourhoods or dwellings;

(j) Promote policy dialogue among all levels of government and the private and community sectors and other representatives of civil society to improve planning and implementation;

Actions

182. To encourage and support participation, civic engagement and the fulfilment of governmental responsibilities, national Governments, local authorities and/or civil society organizations should put into effect, at appropriate levels, institutional and legal frameworks that facilitate and enable the broad-based participation of all people and their community organizations in decision-making and in the implementation and monitoring of human settlements strategies, policies and programmes; these institutional and legal frameworks would be specifically aimed at, inter alia:

185. Although the managers of human settlements face many common challenges, those responsible for the management and development of metropolitan areas and mega-cities face unique problems caused by the size and complexity of their tasks and responsibilities. Among the characteristics of metropolitan areas that require special skills are increasing global competitiveness; their ethnically and culturally diverse populations; large concentrations of urban poverty; extensive infrastructure networks and transport and communications systems; their strategic role in national, regional and international production and consumption patterns; economic development, trade and finance; and their potential for severe environmental degradation. Large metropolitan areas and mega-cities also represent the largest potential risks of human, material and production-capacity loss in the case of natural and human-made A/CONF.165/14 page 96 disasters. In some countries, the lack of a metropolitan-wide authority or effective metropolitan-wide cooperation creates difficulties in urban management.

(i) Fostering an understanding of contractual and other relationships with the private and non-governmental sectors to acquire the skills for negotiating effective partnerships for project implementation, development and management that will maximize benefits for all people;

195. The formulation and implementation of strategies for human settlements development are the primary responsibility of each country at the national and local levels, within the legal framework of each country, and should take into account the economic, social and environmental diversity of conditions in each country. The overall decline in official development assistance, however, is a serious cause for concern. In some countries, this trend has also been accompanied by considerable increases in international flows of capital and by increasing private sector involvement in infrastructure and services development and management. The trend towards a shift from aid to trade clearly points to the need for the participation of the private sector in the A/CONF.165/14 page 101 shaping of international cooperation. The international community, including multilateral and bilateral assistance agencies, international financial institutions and the private sector, has an important role to play in providing additional resources to reinforce national efforts to foster an enabling environment so as to achieve the objectives of adequate shelter for all and the sustainable development of human settlements.

197. Innovative approaches and frameworks for international cooperation in the development and management of human settlements must be sought and developed to include the active participation of all levels of government, the private and cooperative sectors, non-governmental organizations and community-based organizations in decision-making, policy formulation and resource allocation, implementation and evaluation. These approaches and frameworks should also include new and improved forms of cooperation and coordination between and among countries, multilateral and bilateral assistance agencies, international financial institutions, international organizations, and various organs and bodies of the United Nations system, including South-South, North-South and South-North exchanges of best practices, and the continuous development of tools and instruments for policy, planning and management, such as the application of shelter and urban indicators, human resources development and institutional capacity-building.

202 (i) Facilitate access to growing international financial markets for countries with economies in transition in order to promote investments and to support the implementation of housing reforms as part of the realization of the goals of adequate shelter for all and sustainable human settlements development in those countries.

204. The full and effective implementation of the Habitat Agenda, in particular in all developing countries, especially those in Africa and the least developed countries, will require the mobilization of additional financial resources from various sources at the national and international levels and more effective development cooperation in order to promote assistance for shelter and human settlements activities. This will require, inter alia:

3. Financial resources and economic instruments 203. The demand for shelter and infrastructural services in human settlements is continuously increasing. Communities and countries, especially developing countries, have difficulty in mobilizing adequate financial resources to meet the rapidly rising costs of shelter, services and physical infrastructure. New and additional financial resources from various sources are necessary to achieve the goals of adequate shelter for all and sustainable human settlements development in an urbanizing world. The existing resources available to developing countries - public, private, multilateral, bilateral, domestic and external - need to be enhanced through appropriate and flexible mechanisms and economic instruments to support adequate shelter and sustainable human settlements development.

204. The full and effective implementation of the Habitat Agenda, in particular in all developing countries, especially those in Africa and the least developed countries, will require the mobilization of additional financial resources from various sources at the national and international levels and more effective development cooperation in order to promote assistance for shelter and human settlements activities. This will require, inter alia:

 

(m) Giving preference, wherever possible, to the utilization of competent national experts in developing countries or, where necessary, of competent experts from within the subregion or region or from other developing countries in project and programme design, preparation and implementation, and to the building of local expertise where it does not exist;

4. Technology transfer and information exchange 205. The use and transfer of environmentally sound technologies that have a profound impact on consumption and production patterns are prerequisites for sustainable human settlements development. Advanced and appropriate technologies and the knowledge-based systems that support their application offer new opportunities for more efficient use of human, financial and material resources, more sustainable industrial practices and new sources of employment. International organizations have an important role to play in disseminating and facilitating access to information on technologies available for transfer. It is understood that the transfer of technology will take into account the need to protect intellectual property rights. 206. The international community should promote and facilitate the transfer of technology and expertise in support of the implementation of plans of action for adequate shelter for all and sustainable human settlements development, inter alia, through:

(a) Encouraging the establishment or reinforcement, as appropriate, of global networks among all interested parties to facilitate the exchange of information on environmentally sound technologies, particularly those related to shelter and human settlements;

(b) Seeking to ensure that the process of technology transfer avoids the dumping of environmentally unsound technologies on the recipients and that the transfer of environmentally sound technologies and corresponding know-how, in particular to developing countries, is on favourable terms, as mutually agreed, taking into account the need to protect intellectual property rights;

 (c) Facilitating, developing and/or intensifying, as appropriate, technical cooperation with and among all regions, including South-South cooperation, in order to exchange experiences, particularly on best practices, foster the development of technology and technical skills and increase the efficiency of shelter and human settlements policies and management, with the backing of coordinated and complementary support from multilateral and bilateral arrangements;

 (d) Encouraging and supporting the use of appropriate building technology and the production of local building materials, as well as supporting the development of international, subregional and regional networks of institutions involved in research, production, dissemination and commercialization of locally produced building materials;

(e) Placing special emphasis on the funding and promotion of applied research and the dissemination of the results thereof, and on innovation in all areas that could contribute to enhancing the capabilities of all developing countries, particularly those in Africa and the least developed countries, to provide shelter, basic services, infrastructure and amenities to their communities;

208. More specifically, the international community should:

(a) Taking into account existing networks, examine the establishment of cost-effective and accessible global information networks on human settlements, in the form of permanent and "electronic" conferences, which should contain updated information on the Habitat Agenda and on best practices, as well as progress reports on the implementation of national plans of action;

6. Institutional cooperation

209. The task of pursuing the goals of adequate shelter for all and sustainable human settlements development in the face of increasing global economic interaction necessitates international cooperation of public and private institutions operating in the area of human settlements development, whereby resources, information and capacities are pooled for a more effective response to human settlements problems. 210. The Habitat Agenda adds new elements to the agenda for national actions and international cooperation and strengthens a common perception of human settlements priorities. Implementation of the Habitat Agenda should take place within a coordinated framework which ensures that all United Nations conferences receive comprehensive follow-up and that the agreed programmes of action are fully implemented, monitored and reviewed, together with the results of other major United Nations conferences where they are related to human settlements.

F. Implementation and follow-up of the Habitat Agenda 1. Introduction

212. The long-term impact of the commitments made by Governments and the international community, together with local authorities and non-governmental organizations, at Habitat II will depend on the implementation of actions agreed upon at all levels, including the local, national, regional and international levels. National plans of action and/or other relevant national programmes and actions to achieve the goals of adequate shelter for all and sustainable human settlements development will need to be developed or strengthened, where appropriate, and their implementation will need to be monitored and evaluated by Governments in close cooperation with their partners in sustainable development at the national level. Similarly, progress in implementing the Habitat Agenda needs to be assessed with a view to encouraging and enabling all interested parties to improve their performance and to strengthen international cooperation. 2. Implementation at the national level

213. Governments have the primary responsibility for implementing the Habitat Agenda. Governments as enabling partners should create and strengthen effective partnerships with women, youth, the elderly, persons with disabilities, vulnerable and disadvantaged groups, indigenous people and communities, local authorities, the private sector and non-governmental organizations in each country. National mechanisms should be established or improved, as appropriate, to coordinate actions at all relevant government levels that have an impact on human settlements and to assess this impact prior to governmental actions. Local authorities should be supported in their efforts towards implementing the Habitat Agenda inasmuch as local action is required. All appropriate participatory mechanisms, including local Agenda 21 initiatives, should be developed and employed. Governments may wish to coordinate the implementation of their national plans of action through enhanced cooperation and partnerships with subregional, regional and international organizations, inter alia, the United Nations system, including the Bretton Woods institutions, which have a very important role to play in a number of countries. A/CONF.165/14 page 112 3. Implementation at the international level

214. In the context of international cooperation and partnership, the effective implementation of the outcome of the second United Nations Conference on Human Settlements (Habitat II) should take into account the integration of adequate shelter and sustainable human settlements development with broader environmental, social and economic considerations. The main intergovernmental actors at the global level for the implementation and follow-up of the Habitat Agenda will continue to be all States, the United Nations General Assembly, the Economic and Social Council, and in particular the Commission on Human Settlements, according to its mandate and role as contained in General Assembly resolution 32/162 of 19 December 1977 and in all other relevant resolutions of the Assembly. Other relevant bodies and organizations of the United Nations system also have an important role to play in the implementation of the Habitat Agenda. The United Nations Centre for Human Settlements (Habitat) and all relevant bodies and organizations of the United Nations system should take into account the Habitat Agenda with a view to implementing it in their respective fields of competence.

215. All States should exert concerted efforts to achieve the implementation of the Habitat Agenda through bilateral, subregional, regional and international cooperation, as well as through the United Nations system, including the Bretton Woods institutions. States may also convene bilateral, subregional and regional meetings and take other appropriate initiatives to contribute to the review and assessment of the progress made in the implementation of the Habitat Agenda.

216. With regard to the consideration of adequate shelter for all and sustainable human settlements development at the intergovernmental level, special consideration should be given to the roles of the General Assembly and the Economic and Social Council.

 217. The General Assembly, as the highest intergovernmental body, is the principal policy-making and appraisal organ on matters relating to the follow-up of Habitat II. At its fifty-first session, the Assembly should include the follow-up to the Conference in its agenda as an item entitled "Implementation of the outcome of the second United Nations Conference on Human Settlements (Habitat II)". At the special session of the General Assembly to be convened in 1997 for the purpose of an overall review and appraisal of Agenda 21, due attention should be given to the issue of human settlements in the context of sustainable development. At its fifty-second session, the Assembly should review the effectiveness of the steps taken to implement the outcome of the Conference.

218. The General Assembly should consider holding a special session in the year 2001 for an overall review and appraisal of the implementation of the outcome of Habitat II and should consider further actions and initiatives.

219. The Economic and Social Council, in accordance with its role under the Charter of the United Nations and with the relevant General Assembly and Economic and Social Council resolutions and decisions, would oversee system-wide coordination in the implementation of the Habitat Agenda and make A/CONF.165/14 page 113 recommendations in this regard. The Economic and Social Council should be invited to review the follow-up of the Habitat Agenda at its substantive session of 1997.

 220. The Economic and Social Council may convene meetings of high-level representatives to promote international dialogue on the critical issues pertaining to adequate shelter for all and sustainable human settlements development as well as on policies for addressing them through international cooperation. In this context, it may consider dedicating one high-level segment before 2001 to human settlements and the implementation of the Habitat Agenda with the active involvement and participation of, inter alia, the specialized agencies, including the World Bank and the International Monetary Fund.

221. The General Assembly and the Economic and Social Council should, where appropriate, promote subregional and regional cooperation in the implementation of the Habitat Agenda. In this regard, the regional commissions, within their mandates and in cooperation with regional intergovernmental organizations and banks, could consider convening high-level meetings to review progress made in implementing the outcome of Habitat II, to exchange views on their respective experiences, particularly on best practices, and to adopt appropriate measures. Such meetings could involve, as appropriate, the participation of the principal financial and technical institutions. The regional commissions should report to the Council on the outcome of such meetings.

 222. The Commission on Human Settlements, under the Economic and Social Council, should have, inter alia, the following objectives, functions and responsibilities, particularly in view of its role in promoting, reviewing, monitoring and assessing the progress made in implementing the goals of adequate shelter for all and sustainable human settlements development in all countries, in accordance with the Habitat Agenda:

(a) To promote integrated and cohesive policies at all levels, aiming at achieving the goals of adequate shelter for all and sustainable human settlements development in all countries, with due regard to the carrying capacity of the environment, in accordance with the Habitat Agenda;

(b) To track progress in the implementation of the Habitat Agenda, inter alia, through the analysis of relevant inputs from Governments, local authorities and their associations, relevant non-governmental organizations and the private sector;

 (c) To assist countries, particularly developing countries, subregions and regions, in increasing and improving their own efforts to solve shelter and human settlements problems, including through promotion of vocational training;

(d) To promote, for effective national follow-up plans and activities, greater international cooperation in order to increase the availability of resources to all developing countries, especially those in Africa and the least developed countries, and promote the effective contribution of the private sector and local authorities and their associations; A/CONF.165/14

(e) To provide appropriate recommendations to the General Assembly through the Economic and Social Council on the basis of an analysis and synthesis of the information received and to inform the Commission on Sustainable Development;

(f) To facilitate cooperation and partnerships among all countries and regions to achieve the goals of adequate shelter for all and sustainable human settlements development;

 (g) To continue to develop and promote policy objectives, priorities and guidelines regarding existing and planned programmes of work of the United Nations Centre for Human Settlements (Habitat) in the fields of adequate shelter and sustainable human settlements development, in accordance with the Habitat Agenda;

(h) To track the progress of the activities of the United Nations system, to cooperate with other international organizations in the fields of adequate shelter and sustainable human settlements development and to propose, when appropriate, ways and means by which the overall policy objectives and goals in those fields within the United Nations system might best be achieved;

(i) To promote adequate shelter for all and sustainable human settlements development in harmony with the recommendations made by the United Nations Conference on Environment and Development, particularly chapter 7 of Agenda 21, taking into account, as appropriate, the relevant outcomes of other major United Nations conferences and summits;

 (j) To promote the full and effective implementation of the Habitat Agenda at the national and international levels;

 (k) To study in the context of the Habitat Agenda new issues and problems with a view to developing solutions for adequate shelter for all and sustainable human settlements development, including those of a regional or international character;

 (l) To continue to give overall policy guidance to and carry out supervision of the operations of the United Nations Centre for Human Settlements (Habitat), including the United Nations Habitat and Human Settlements Foundation;

 (m) To review and approve periodically the utilization of funds at its disposal for carrying out shelter and human settlements development activities at all levels;

 (n) To monitor and evaluate the progress made towards and obstacles encountered in achieving the goals of the Habitat Agenda and recommend appropriate measures and alternative actions as deemed necessary to enhance the dynamic nature of the Habitat Agenda.

218. The General Assembly should consider holding a special session in the year 2001 for an overall review and appraisal of the implementation of the outcome of Habitat II and should consider further actions and initiatives.

219. The Economic and Social Council, in accordance with its role under the Charter of the United Nations and with the relevant General Assembly and Economic and Social Council resolutions and decisions, would oversee system-wide coordination in the implementation of the Habitat Agenda and make A/CONF.165/14 page 113 recommendations in this regard. The Economic and Social Council should be invited to review the follow-up of the Habitat Agenda at its substantive session of 1997.

220. The Economic and Social Council may convene meetings of high-level representatives to promote international dialogue on the critical issues pertaining to adequate shelter for all and sustainable human settlements development as well as on policies for addressing them through international cooperation. In this context, it may consider dedicating one high-level segment before 2001 to human settlements and the implementation of the Habitat Agenda with the active involvement and participation of, inter alia, the specialized agencies, including the World Bank and the International Monetary Fund.

221. The General Assembly and the Economic and Social Council should, where appropriate, promote subregional and regional cooperation in the implementation of the Habitat Agenda. In this regard, the regional commissions, within their mandates and in cooperation with regional intergovernmental organizations and banks, could consider convening high-level meetings to review progress made in implementing the outcome of Habitat II, to exchange views on their respective experiences, particularly on best practices, and to adopt appropriate measures. Such meetings could involve, as appropriate, the participation of the principal financial and technical institutions. The regional commissions should report to the Council on the outcome of such meetings.

222. The Commission on Human Settlements, under the Economic and Social Council, should have, inter alia, the following objectives, functions and responsibilities, particularly in view of its role in promoting, reviewing, monitoring and assessing the progress made in implementing the goals of adequate shelter for all and sustainable human settlements development in all countries, in accordance with the Habitat Agenda: (a) To promote integrated and cohesive policies at all levels, aiming at achieving the goals of adequate shelter for all and sustainable human settlements development in all countries, with due regard to the carrying capacity of the environment, in accordance with the Habitat Agenda; (b) To track progress in the implementation of the Habitat Agenda, inter alia, through the analysis of relevant inputs from Governments, local authorities and their associations, relevant non-governmental organizations and the private sector;

(j) To promote the full and effective implementation of the Habitat Agenda at the national and international levels;

223. Taking into account the recommendations of the General Assembly at its fifty-first session, the Commission on Human Settlements should, at its forthcoming session, review its programme of work in order to ensure the effective follow-up and implementation of the outcome of the Conference, in a A/CONF.165/14 page 115 manner consistent with the functions and contributions of other relevant organs of the United Nations system, and make recommendations thereon to the Economic and Social Council within the framework of its review of the activities of its subsidiary bodies. The Commission should also review its working methods in order to involve in its work the representatives of local authorities and the relevant actors of civil society, particularly the private sector and non-governmental organizations, in the field of adequate shelter for all and sustainable human settlements development, taking into account its rules of procedure.

 

224. The General Assembly and the Economic and Social Council, in accordance with their respective mandates, are invited to review and strengthen the mandate of the Commission on Human Settlements, taking into account the Habitat Agenda as well as the need for synergy with other related commissions and Conference follow-up, and for a system-wide approach to its implementation.

225. As a standing committee assisting the Economic and Social Council, the Commission on Human Settlements should have a central role in monitoring, within the United Nations system, the implementation of the Habitat Agenda and advising the Council thereon. It should have a clear mandate and sufficient human and financial resources, through the reallocation of resources within the regular budget of the United Nations, to carry out that mandate.

226. The Commission on Human Settlements should assist the Economic and Social Council in its coordination of the reporting on the implementation of the Habitat Agenda with the relevant organizations of the United Nations system. The Commission should draw upon inputs from other organizations of the United Nations system and other sources, as appropriate.

228. Within its mandate, and considering the necessity for it to focus on well-defined objectives and strategic issues, the United Nations Centre for Human Settlements (Habitat) shall have, inter alia, the following responsibilities:

(g) To promote and consolidate collaboration, within the legal framework of each country, with all partners, including local authorities, and private sector and non-governmental organizations, in the implementation of the Habitat Agenda;

(m) To analyse and monitor major trends in urbanization and the impact of policies for urban and rural settlements, to track progress in the implementation of the Habitat Agenda, and to continue its publications programme, including, inter alia, publication of the Global State of Human Settlements report;

(n) To provide assistance in establishing guidelines for national and local monitoring and evaluation of the implementation of the Habitat Agenda through the use of housing and human settlements indicator programmes; A/CONF.165/14 page 117 (o) To promote human settlements management and community-based development, in particular aiming at achieving transparent, representative and accountable governance through institutional development, capacity-building and partnership.

229. The primary function of the United Nations Centre for Human Settlements (Habitat), located in Nairobi, Kenya, is to provide substantive servicing to the Commission on Human Settlements and other intergovernmental bodies concerned with adequate shelter for all and sustainable human settlements development. It should be designated as a focal point for the implementation of the Habitat Agenda. In the light of the review of the mandate of the Commission on Human Settlements, requested in paragraph 224 above, the functions of the United Nations Centre for Human Settlements (Habitat) will also need to be assessed with a view to its revitalization. The Secretary-General is requested to ensure more effective functioning of the Centre by, inter alia, providing sufficient human and financial resources within the regular budget of the United Nations.

231. The Secretary-General is invited to ensure effective coordination of the implementation of the Habitat Agenda and adequate consideration of human settlements needs in all activities of the United Nations system. The Administrative Committee on Coordination should review its procedures at the inter-agency level to ensure system-wide coordination and full participation of its entities in the implementation of the Habitat Agenda. These entities should examine their programmes to determine how they can best contribute to the coordinated implementation of the Habitat Agenda. The Secretary-General is requested to include the implementation of the Habitat Agenda in the mandates of the existing inter-agency task forces of the Administrative Committee on Coordination to facilitate integrated and coordinated implementation of the Habitat Agenda.

236. International financial institutions should contribute to the mobilization of resources for the implementation of the Habitat Agenda. To this end, the relevant institutions are invited to take the following measures:

237. The effective implementation of the Habitat Agenda requires strengthening local authorities, community organizations and non-governmental organizations in the spheres of education, health, poverty eradication, human rights, social integration, infrastructure and improvement of the quality of life, and relief and rehabilitation, enabling them to participate constructively in policy-making and implementation. This will require: A/CONF.165/14 page 119

(a) Establishing legislative and regulatory frameworks, institutional arrangements and consultative mechanisms for involving organizations in the design, implementation and evaluation of human settlements strategies and programmes;

(b) Supporting capacity-building programmes for such organizations in critical areas such as participatory planning, programme design, implementation and evaluation, economic and financial analysis, credit management, research, information and advocacy;

(c) Providing resources through such measures as grant programmes, and technical and other administrative support for initiatives taken and managed at the community level; (d) Strengthening networking and exchange of expertise and experience among such organizations. 238. The contribution of local authorities and civil society, including the private sector, to development can be enhanced by: (a) Developing planning and policy-making procedures that facilitate partnership and cooperation between Governments and civil society in human settlements development; (b) Encouraging business enterprises to pursue investment and other policies, including non-commercial activities that will contribute to human settlements development, especially in relation to the generation of work opportunities, basic services, access to productive resources and construction of infrastructure;

(c) Enabling and encouraging trade unions to participate in the generation of work opportunities under fair conditions, the provision of training, health care and other basic services, and the development of an economic environment that facilitates the achievement of adequate shelter for all and sustainable human settlements development;

(d) Supporting academic and research institutions, particularly in the developing countries, in their contribution to human settlements development programmes, and facilitating mechanisms for independent, detached, impartial and objective monitoring of human settlements progress, especially through collecting, analysing and disseminating information and ideas about adequate shelter for all and sustainable human settlements development;

(e) Encouraging educational institutions, the media and other sources of public information and opinion to give special attention to the challenges of human settlements development and to facilitate widespread and well-informed debate about policies throughout the community.

.

240. All partners of the Habitat Agenda, including local authorities, the private sector and communities, should regularly monitor and evaluate their own performances in the implementation of the Habitat Agenda through comparable human settlements and shelter indicators and documented best practices. The Centre's responsibilities will include providing assistance to establish guidelines for national and local monitoring and evaluation of the implementation of the Habitat Agenda through the use of housing and human settlements indicator programmes. The data collection and analysis capabilities of all these partners should be strengthened and assisted, where appropriate, at all levels, especially the local level.

Chapter V REPORT OF COMMITTEE II A. Organizational matters 1. At its 1st plenary meeting, on 3 June 1996, the Conference approved the organization of its work, as set out in document A/CONF.165/3, and decided to allocate agenda item 10 (Role and contribution of local authorities, the private sector, parliamentarians, non-governmental organizations, and other partners in the implementation of the Habitat Agenda) to Committee II, which was to submit its report to the Conference. Committee II held 14 meetings, from 3 to 7 June and on 10, 11 and 13 June 1996. 2. Committee II had before it a note by the secretariat on the role and contribution of local authorities, the private sector, parliamentarians, non-governmental organizations, and other partners in the implementation of the Habitat Agenda (A/CONF.165/10/Rev.1) and a letter dated 6 June 1996 from the Ambassador of Iraq to Turkey addressed to the Secretary-General  

****2002 WORLD SUMMIT ON SUSTAINABLE DEVELOPMENT

X. Means of implementation

81. The implementation of Agenda 21 and the achievement of the internationally agreed development goals, including those contained in the Millennium Declaration as well as in the present plan of action, require a substantially increased effort, both by countries themselves and by the rest of the international community, based on the recognition that each country has primary responsibility for its own development and that the role of national policies and development strategies cannot be overemphasized, taking fully into account the Rio principles, including, in particular, the principle of common but differentiated responsibilities, which states: “States shall cooperate in a spirit of global partnership to conserve, protect and restore the health and integrity of the Earth’s ecosystem. In view of the different contributions to global environmental degradation, States have common but differentiated responsibilities. The developed countries acknowledge the responsibility that they bear in the international pursuit of sustainable development in view of the pressures their societies place on the global environment and of the technologies and financial resources they command.” The internationally agreed development goals, including those contained in the Millennium Declaration and Agenda 21, as well as in the present plan of action, will require significant increases in the flow of financial resources as elaborated in the Monterrey Consensus, including through new and additional financial resources, in particular to developing countries, to support the implementation of national policies and programmes developed by them, improved trade opportunities, access to and transfer of environmentally sound technologies on a concessional or preferential basis, as mutually agreed, education and awareness-raising, capacity - building and information for decision -making and scientific capabilities within the agreed time frame required to meet these goals and initiatives. Progress to this end will require that the international community implement the outcomes of major United Nations conferences, such as the programmes of action adopted at the Third United Nations Conference on the Least Developed Countries 39 and the Glob al __________________ 38 ECE/ACC.22/2001/2, annex I. 39 A/CONF.192/13. Page 43 Conference on the Sustainable Development of Small Island Developing States, and relevant international agreements since 1992, particularly those of the International Conference on Financing for Development and the Fourth Ministerial Conference of the World Trade Organization, including building on them as part of a process of achieving sustainable development.

82. Mobilizing and increasing the effective use of financial resources and achieving the national and international economic conditions needed to fulfil internationally agreed development goals, including those contained in the Millennium Declaration, to eliminate poverty, improve social conditions and raise living standards and protect our environment, will be our first step to ensuring that the t wenty -first century becomes the century of sustainable development for all.

83. In our common pursuit of growth, poverty eradication and sustainable development, a critical challenge is to ensure the necessary internal conditions for mobilizing domestic savings, both public and private, sustaining adequate levels of productive investment and increasing human capacity. A crucial task is to enhance the efficacy, coherence and consistency of macroeconomic policies. An enabling domestic environment is vital for mobilizing domestic resources, increasing productivity, reducing capital flight, encouraging the private sector and attracting and making effective use of international investment and assistance. Efforts to create such an environment should be supported b y the international community. 84. Facilitate greater flows of foreign direct investment so as to support the sustainable development activities, including the development of infrastructure, of developing countries, and enhance the benefits that developing countries can draw from foreign direct investment, with particular actions to: (a) Create the necessary domestic and international conditions to facilitate significant increases in the flow of foreign direct investment to developing countries, in particu lar the least developed countries, which is critical to sustainable development, particularly foreign direct investment flows for infrastructure development and other priority areas in developing countries to supplement the domestic resources mobilized by them; (b) Encourage foreign direct investment in developing countries and countries with economies in transition through export credits that could be instrumental to sustainable development; 85. Recognize that a substantial increase in official development assistance and other resources will be required if developing countries are to achieve the internationally agreed development goals and objectives, including those contained in the Millennium Declaration. To build support for official development assista nce, we will cooperate to further improve policies and development strategies, both nationally and internationally, to enhance aid effectiveness, with actions to: (a) Make available the increased commitments in official development assistance announced by several developed countries at the International Conference on Financing for Development. Urge the developed countries that have not done so to make concrete efforts towards the target of 0.7 per cent of gross national product as official development assistance to developing countries and effectively implement their commitment on such assistance to the least developed countries as contained in paragraph 83 of the Programme of Action for the Least Developed Countries for the Decade 2001-2010, 40 which was adopted in Brussels on 20 May 2001. We also encourage developing countries to build on progress achieved in ensuring that official development assistance is used effectively to help achieve __________________ 40 A/CONF.191/11. Page 44 development goals and targets in accordance with the outcome of the International Conference on Financing for Development. We acknowledge the efforts of all donors, commend those donors whose contributions exceed, reach or are increasing towards the targets, and underline the importance of undertaking to examine the means a nd time frames for achieving the targets and goals; (b) Encourage recipient and donor countries, as well as international institutions, to make official development assistance more efficient and effective for poverty eradication, sustained economic growth and sustainable development. In this regard, intensify efforts by the multilateral and bilateral financial and development institutions, in accordance with paragraph 43 of the Monterrey Consensus, in particular to harmonize their operational procedures at the highest standards, so as to reduce transaction costs and make disbursement and delivery of official development assistance more flexible and more responsive to the needs of developing countries, taking into account national development needs and objectives under the ownership of recipient countries, and to use development frameworks that are owned and driven by developing countries and that embody poverty reduction strategies, including poverty reduction strategy papers, as vehicles for aid delivery, upon request. 86. Make full and effective use of existing financial mechanisms and institutions, including through actions at all levels to: (a) Strengthen ongoing efforts to reform the existing international financial architecture to foster a transparent, equitable and inclusive system that is able to provide for the effective participation of developing countries in the international economic decision-making processes and institutions, as well as for their effective and equitable participation in the formulation of financial standards and codes; (b) Promote, inter alia, measures in source and destination countries to improve transparency and information about financial flows to contribute to stability in the international financial environment. Measures that mitigate the impact of excessive volatility of short -term capital flows are important and must be considered; (c) Work to ensure that the funds are made available on a timely, more assured and predictable basis to international organizations and agenc ies, where appropriate, for their sustainable development activities, programmes and projects; (d) Encourage the private sector, including transnational corporations, private foundations and civil society institutions, to provide financial and technical assistance to developing countries; (e) Support new and existing public/private sector financing mechanisms for developing countries and countries with economies in transition, to benefit in particular small entrepreneurs and small, medium-sized and commun ity-based enterprises and to improve their infrastructure, while ensuring the transparency and accountability of such mechanisms.

87. Welcome the successful and substantial third replenishment of the Global Environment Facility, which will enable it to address the funding requirements of new focal areas and existing ones and continue to be responsive to the needs and concerns of its recipient countries, in particular developing countries, and further encourage the Global Environment Facility to leverage add itional funds from key public and private organizations, improve the management of funds through more speedy and streamlined procedures and simplify its project cycle.

88. Explore ways of generating new public and private innovative sources of finance for development purposes, provided that those sources do not unduly burden Page 45 developing countries, noting the proposal to use special drawing rights allocations for development purposes, as set forth in paragraph 44 of the Monterrey Consensus.

89. Reduce unsusta inable debt burden through such actions as debt relief and, as appropriate, debt cancellation and other innovative mechanisms geared to comprehensively address the debt problems of developing countries, in particular the poorest and most heavily indebted ones. Therefore, debt relief measures should, where appropriate, be pursued vigorously and expeditiously, including within the Paris and London Clubs and other relevant forums, in order to contribute to debt sustainability and facilitate sustainable develop ment, while recognizing that debtors and creditors must share responsibility for preventing and resolving unsustainable debt situations, and that external debt relief can play a key role in liberating resources that can then be directed towards activities consistent with attaining sustainable growth and development. Therefore, we support paragraphs 47 to 51 of the Monterrey Consensus dealing with external debt. Debt relief arrangements should seek to avoid imposing any unfair burdens on other developing cou ntries. There should be an increase in the use of grants for the poorest, debt-vulnerable countries. Countries are encouraged to develop national comprehensive strategies to monitor and manage external liabilities as a key element in reducing national vuln erabilities. In this regard, actions are required to: (a) Implement speedily, effectively and fully the enhanced heavily indebted poor countries (HIPC) initiative, which should be fully financed through additional resources, taking into consideration, as appropriate, measures to address any fundamental changes in the economic circumstances of those developing countries with unsustainable debt burden caused by natural catastrophes, severe terms -o ftrade shocks or affected by conflict, taking into account in itiatives which have been undertaken to reduce outstanding indebtedness; (b) Encourage participation in the HIPC initiative of all creditors that have not yet done so; (c) Bring international debtors and creditors together in relevant international forums to restructure unsustainable debt in a timely and efficient manner, taking into account the need to involve the private sector in the resolution of crises due to indebtedness, where appropriate; (d) Acknowledge the problems of the debt sustainability of some non -HIPC low-income countries, in particular those facing exceptional circumstances; (e) Encourage exploring innovative mechanisms to comprehensively address the debt problems of developing countries, including middle -income countries and countries with economies in transition. Such mechanisms may include debt -forsustainable -development swaps; (f) Encourage donor countries to take steps to ensure that resources provided for debt relief do not detract from official development assistance resources intended for developing countries.

90. Recognizing the major role that trade can play in achieving sustainable development and in eradicating poverty, we encourage members of the World Trade Organization (WTO) to pursue the work programme agreed at their Fo urth Ministerial Conference. In order for developing countries, especially the least developed among them, to secure their share in the growth of world trade commensurate with the needs of their economic development, we urge WTO members to take the following actions:  

(a) Facilitate the accession of all developing countries, particularly the least developed countries, as well as countries with economies in transition, that apply for membership in WTO, in accordance with the Monterrey Consensus;

(b) Support the work programme adopted at the Doha Ministerial Conference as an important commitment on the part of developed and developing countries to mainstream appropriate trade policies in their respective development policies and programmes;

(c) Implement substantial trade -related technical assistance and capacity - building measures and support the Doha Development Agenda Global Trust Fund, established after the Doha Ministerial Conference, as an important step forward in ensuring a sound and predictable basis for WTO-related technical assistance and capacity -building;

(d) Implement the New Strategy for Technical Cooperation for Capacity - Building, Growth and Integration endorsed in the Doha Declaration;

(e) Fully support the implementation of the Integrated Fr amework for TradeRelated Technical Assistance to Least Developed Countries and urge development partners to significantly increase contributions to the Trust Fund for the Framework, in accordance with the Doha Ministerial Declaration.

91. In accordance with the Doha Declaration as well as with relevant decisions taken at Doha, we are determined to take concrete action to address issues and concerns raised by developing countries regarding the implementation of some WTO agreements and decisions, including the difficulties and resource constraints faced by them in fulfilling those agreements.

92. Call upon members of the World Trade Organization to fulfil the commitments made in the Doha Ministerial Declaration, notably in terms of market access, in particula r for products of export interest to developing countries, especially least developed countries, by implementing the following actions, taking into account paragraph 45 of the Doha Ministerial Declaration:

(a) Review all special and differential treatment provisions with a view to strengthening them and making them more precise, effective and operational, in accordance with paragraph 44 of the Doha Ministerial Declaration;

(b) Aim to reduce or, as appropriate, eliminate tariffs on non -agricultural products, including the reduction or elimination of tariff peaks, high tariffs and tariff escalation, as well as non -tariff barriers, in particular on products of export interest to developing countries. Product coverage should be comprehensive and without a prio ri exclusions. The negotiations shall take fully into account the special needs and interests of developing and least developed countries, including through less than full reciprocity in reduction commitments, in accordance with the Doha Ministerial Declaration;

(c) Fulfil, without prejudging the outcome of the negotiations, the commitment for comprehensive negotiations initiated under article 20 of the Agreement on Agriculture, as referred to in the Doha Ministerial Declaration,41 aiming at substantial imp rovements in market access, reductions of with a view to phasing out all forms of export subsidies, and substantial reductions in trade - distorting domestic support, while agreeing that the provisions for special and differential treatment for developing co untries shall be an integral part of all elements of the negotiations and shall be embodied in the schedules of concession and commitments and, as appropriate, in the rules and disciplines to be negotiated, __________________ 41 A/C.2/56/2, annex, paras. 13 and 14. Page 47 so as to be operationally effective and to enable developing countries to effectively take account of their development needs, including food security and rural development. Take note of the non -trade concerns reflected in the negotiating proposals submitted by members of the World Trade Organization and confirm that non-trade concerns will be taken into account in the negotiations as provided for in the Agreement on Agriculture, in accordance with the Doha Ministerial Declaration.

93. Call on developed countries that have not already done so to work towards the objective of duty -free and quota -free access for all least developed countries’ exports, as envisaged in the Programme of Action for the Least Developed Countries for the Decade 2001-2010.

94. Commit to actively pursue the work programme of the Wor ld Trade Organization to address the trade -related issues and concerns affecting the fuller integration of small, vulnerable economies into the multilateral trading system in a manner commensurate with their special circumstances and in support of their efforts towards sustainable development, in accordance with paragraph 35 of the Doha Declaration.

95. Build the capacity of commodity -dependent countries to diversify exports through, inter alia, financial and technical assistance, international assistance for economic diversification and sustainable resource management and address the instability of commodity prices and declining terms of trade, as well as strengthen the activities covered by the second account of the Common Fund for Commodities to support s ustainable development.

96. Enhance the benefits for developing countries, as well as countries with economies in transition, from trade liberalization, including through public -private partnerships, through, inter alia, action at all levels, including through financial support for technical assistance, the development of technology and capacity - building to developing countries to:

(a) Enhance trade infrastructure and strengthen institutions;

(b) Increase developing country capacity to diversify and incre ase exports to cope with the instability of commodity prices and declining terms of trade;

(c) Increase the value added of developing country exports.

97. Continue to enhance the mutual supportiveness of trade, environment and development with a view to achieving sustainable development through actions at all levels to: (a) Encourage the WTO Committee on Trade and Environment and the WTO Committee on Trade and Development, within their respective mandates, to each act as a forum to identify and debate developmental and environmental aspects of the negotiations, in order to help achieve an outcome which benefits sustainable development in accordance with the commitments made under the Doha Ministerial Declaration; (b) Support the completion of the work pro gramme of the Doha Ministerial Declaration on subsidies so as to promote sustainable development and enhance the environment, and encourage reform of subsidies that have considerable negative effects on the environment and are incompatible with sustainable development; (c) Encourage efforts to promote cooperation on trade, environment and development, including in the field of providing technical assistance to developing countries, between the secretariats of WTO, UNCTAD, UNDP, UNEP, and other relevant int ernational environmental and development and regional organizations; Page 48 (d) Encourage the voluntary use of environmental impact assessments as an important national-level tool to better identify trade, environment and development interlinkages. Further encourage countries and international organizations with experience in this field to provide technical assistance to developing countries for these purposes. 98. Promote mutual supportiveness between the multilateral trading system and the multilateral environmental agreements, consistent with sustainable development goals, in support of the work programme agreed through WTO, while recognizing the importance of maintaining the integrity of both sets of instruments. 99. Complement and support the Doha Ministerial Declaration and the Monterrey Consensus by undertaking further action at the national, regional and international levels, including through public/private partnerships, to enhance the benefits, in particular for developing countries as well as for countri es with economies in transition, of trade liberalization, through, inter alia, actions at all levels to: (a) Establish and strengthen existing trade and cooperation agreements, consistent with the multilateral trading system, with a view to achieving sustainable development; (b) Support voluntary WTO-compatible market-based initiatives for the creation and expansion of domestic and international markets for environmentally friendly goods and services, including organic products, which maximize environment al and developmental benefits through, inter alia, capacity -building and technical assistance to developing countries; (c) Support measures to simplify and make more transparent domestic regulations and procedures that affect trade so as to assist exporte rs, particularly those from developing countries. 100. Address the public health problems affecting many developing and least developed countries, especially those resulting from HIV/AIDS, tuberculosis, malaria and other epidemics, while noting the importance of the Doha Declaration on the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) and public health,42 in which it was agreed that the TRIPS Agreement does not and should not prevent WTO members from taking measures to protect public health. Accordingly, while reiterating our commitment to the TRIPS Agreement, we reaffirm that the Agreement can and should be interpreted and implemented in a manner supportive of WTO members’ right to protect public health and, in particular, to promote access to medicines for all. 101. States should cooperate to promote a supportive and open international economic system that would lead to economic growth and sustainable development in all countries to better address the problems of enviro nmental degradation. Trade policy measures for environmental purposes should not constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on international trade. Unilateral actions to deal with environmental challenges out side the jurisdiction of the importing country should be avoided. Environmental measures addressing transboundary or global environmental problems should, as far as possible, be based on an international consensus. 102. Take steps with a view to the avoid ance of, and refrain from, any unilateral measure not in accordance with international law and the Charter of the United Nations that impedes the full achievement of economic and social development by the population of the affected countries, in particular women and children, that __________________ 42 Ibid,. paras. 17-19. Page 49 hinders their well-being or that creates obstacles to the full enjoyment of their human rights, including the right of everyone to a standard of living adequate for their health and well-being and their right to food, medical care and the necessary social services. Ensure that food and medicine are not used as tools for political pressure. 103. Take further effective measures to remove obstacles to the realization of the right of peoples to self-determination, in particular peoples living under colonial and foreign occupation, which continue to adversely affect their economic and social development and are incompatible with the dignity and worth of the human person and must be combated and eliminated. People under foreign occupation must be protected in accordance with the provisions of international humanitarian law. 104. In accordance with the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations,43 this shall not be construed as authorizing or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent States conducting themselves in complia nce with the principle of equal rights and self-determination of peoples and thus possessed of a Government representing the whole people belonging to the territory without distinction of any kind

105. Promote, facilitate and finance, as appropria te, access to and the development, transfer and diffusion of environmentally sound technologies and corresponding know-how, in particular to developing countries and countries with economies in transition on favourable terms, including on concessional and preferential terms, as mutually agreed, as set out in chapter 34 of Agenda 21, including through urgent actions at all levels to: '

(a) Provide information more effectively;

(b) Enhance existing national institutional capacity in developing countries to improve access to and the development, transfer and diffusion of environmentally sound technologies and corresponding know-how;

(c) Facilitate country -driven technology needs assessments;

(d) Establish legal and regulatory frameworks in both supplier and recipient countries that expedite the transfer of environmentally sound technologies in a costeffective manner by both public and private sectors and support their implementation;

(e) Promote the access and transfer of technology related to early warning systems and to mitigation programmes to developing countries affected by natural disasters.

 

106. Improve the transfer of technologies to developing countries, in particular at the bilateral and regional levels, including through urgent actions at all levels to:

(a) Improve interaction and collaboration, stakeholder relationships and networks between and among universities, research institutions, government agencies and the private sector;

(b) Develop and strengthen networking of related institutional supp ort structures, such as technology and productivity centres, research, training and development institutions, and national and regional cleaner production centres; __________________ 43 General Assembly resolution 2625 (XXV), annex.

 (c) Create partnerships conducive to investment and technology transfer, development and diffusion, to assist developing countries, as well as countries with economies in transition, in sharing best practices and promoting programmes of assistance, and encourage collaboration between corporations and research institutes to enhance industrial eff iciency, agricultural productivity, environmental management and competitiveness;

(d) Provide assistance to developing countries, as well as countries with economies in transition, in accessing environmentally sound technologies that are publicly owned or in the public domain, as well as available knowledge in the public domain on science and technology, and in accessing the know-how and expertise required in order for them to make independent use of this knowledge in pursuing their development goals;

(e) Support existing mechanisms and, where appropriate, establish new mechanisms for the development, transfer and diffusion of environmentally sound technologies to developing countries and economies in transition

107. Assist developing countries in building capacity to access a larger share of multilateral and global research and development programmes. In this regard, strengthen and, where appropriate, create centres for sustainable development in developing countries.

108. Build greater capacity in science and technology for sustainable development, with action to improve collaboration and partnerships on research and development and their widespread application among research institutions, universities, the private sector, governments, non -govern mental organizations and networks, as well as between and among scientists and academics of developing and developed countries, and in this regard encourage networking with and between centres of scientific excellence in developing countries.

109. Improve policy and decision -making at all levels through, inter alia, improved collaboration between natural and social scientists, and between scientists and policy makers, including through urgent actions at all levels to:

(a) Increase the use of scientific kno wledge and technology and increase the beneficial use of local and indigenous knowledge in a manner respectful of the holders of that knowledge and consistent with national law;

(b) Make greater use of integrated scientific assessments, risk assessments and interdisciplinary and intersectoral approaches;

(c) Continue to support and collaborate with international scientific assessments supporting decision -making, including the Intergovernmental Panel on Climate Change, with the broad participation of deve loping country experts;

(d) Assist developing countries in developing and implementing science and technology policies;

(e) Establish partnerships between scientific, public and private institutions, including by integrating the advice of scientists into decision-making bodies to ensure a greater role for science, technology development and engineering sectors;

(f) Promote and improve science -based decision -making and reaffirm the precautionary approach as set out in principle 15 of the Rio Declaration o n Environment and Development, which states: “In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are Page 51 threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.”

110. Assist developing countries, through international cooperation, in enhancing their capacity in their efforts to address issues pe rtaining to environmental protection, including in their formulation and implementation of policies for environmental management and protection, including through urgent actions at all levels to:

(a) Improve their use of science and technology for environ mental monitoring, assessment models, accurate databases and integrated information systems;

(b) Promote and, where appropriate, improve their use of satellite technologies for quality data collection, verification and updating, and further improve aerial and ground -based observations, in support of their efforts to collect quality, accurate, long -term, consistent and reliable data;

(c) Set up and, where appropriate, further develop national statistical services capable of providing sound data on science education and research and development activities that are necessary for effective science and technology policy -making.

111. Establish regular channels between policy makers and the scientific community to request and receive science and technology advice for the implementation of Agenda 21 and create and strengthen networks for science and education for sustainable development, at all levels, with the aim of sharing knowledge, experience and best practices and building scientific capacities, particularly in developing countries.

112. Use information and communication technologies, where appropriate, as tools to increase the frequency of communication and the sharing of experience and knowledge and to improve the quality of and access to information and communications technology in all countries, building on the work facilitated by the United Nations Information and Communications Technology Task Force and the efforts of other relevant international and regional forums.

113. Support publicly funded research and development entities to engage in strategic alliances for the purpose of enhancing research and development to achieve cleaner production and product technologies, through, inter alia, the mobilization from all sources of adequate financial and technic al resources, including new and additional resources, and encourage the transfer and diffusion of those technologies, in particular to developing countries.

114. Examine issues of global public interest through open, transparent and inclusive workshops to promote a better public understanding of such questions.

115. Further resolve to take concerted action against international terrorism, which causes serious obstacles to sustainable development.

116. Education is critical for promoting sustainable development. It is therefore essential to mobilize necessary resources, including financial resources at all levels, by bilateral and multilateral donors, including the World Bank and the regional development banks, by civil society and by foundations, to complement the efforts by national governments to pursue the following goals and actions: Page 52 (a) Meet the Millennium development goal of achieving universal primary education, ensuring that, by 2015, children everywhere, boys and girls alike, will be able to complete a full course of primary schooling; (b) Provide all children, particularly those living in rural areas and those living in poverty, especially girls, with the access and opportunity to complete a full course of primary education.

117. Provide financial assistance and support to education, research, public awareness programmes and developmental institutions in developing countries and countries with economies in transition in order to: (a) Sustain their educational infrastructures and programmes, including those related to environment and public health education;

(b) Consider means of avoiding the frequent, serious financial constraints faced by many institutions of higher learning, including universities around the world, particularly in develop ing countries and countries in transition.

118. Address the impact of HIV/AIDS on the educational system in those countries seriously affected by the pandemic.

119. Allocate national and international resources for basic education as proposed by the Dakar Framework for Action on Education for All and for improved integration of sustainable development into education and in bilateral and multilateral development programmes, and improve integration between publicly funded research and development and development programmes.

120. Eliminate gender disparity in primary and secondary education by 2005, as provided in the Dakar Framework for Action on Education for All, and at all levels of education no later than 2015, to meet the development goals contained in the Millennium Declaration, with action to ensure, inter alia, equal access to all levels and forms of education, training and capacity -building by gender mainstreaming, and by creating a gender-sensitive educational system.

121. Integrate sustainable development into education systems at all levels of education in order to promote education as a key agent for change.

122. Develop, implement, monitor and review education action plans and programmes at the national, subnational and local levels, as appropriate, that reflect the Dakar Framework for Action on Education for All and that are relevant to local conditions and needs leading to the achievement of community development and make education for sustainable development a part of those plans.

123. Provide all community members with a wide range of formal and non -formal continuing educational opportunities, including volunteer community service programmes, in order to end illiteracy and emphasize the importance of lifelong learning and promote sustainable development.

124. Support the use of education to promote sustainable development, including through urgent actions at all levels to:

(a) Integrate information and communications technology in school curriculum development to ensure its access by both rural and urban communities and provide assistance, particularly to developing countries, inter alia, for the establishment of an appropriate enabling environment required for such technology;

(b) Promote, as appropriate, affordable and increased access to prog rammes for students, researchers and engineers from developing countries in the universities and research institutions of developed countries in order to promote the exchange of experience and capacity that will benefit all partners; Page 53

(c) Continue to imple ment the work programme of the Commission on Sustainable Development on education for sustainable development;

(d) Recommend to the United Nations General Assembly that it consider adopting a decade of education for sustainable development, starting in 2005.

125. Enhance and accelerate human, institutional and infrastructure capacity - building initiatives and promote partnerships in that regard that respond to the specific needs of developing countries in the context of sustainable development.

126. Support local, national, subregional and regional initiatives with action to develop, use and adapt knowledge and techniques and to enhance local, national, subregional and regional centres of excellence for education, research and training in order to strengthen the knowledge capacity of developing countries and countries with economies in transition through, inter alia, the mobilization from all sources of adequate financial and other resources, including new and additional resources.

127. Provide technical and financial assistance to developing countries, including through the strengthening of capacity -building efforts, such as the United Nations Development Programme Capacity 21 programme, to:

(a) Assess their own capacity development needs and opportu nities at the individual, institutional and societal levels;

(b) Design programmes for capacity -building and support for local, national and community -level programmes that focus on meeting the challenges of globalization more effectively and attaining the internationally agreed development goals, including those contained in the Millennium Declaration;

(c) Develop the capacity of civil society, including youth, to participate, as appropriate, in designing, implementing and reviewing sustainable developme nt policies and strategies at all levels;

(d) Build and, where appropriate, strengthen national capacities for carrying out effective implementation of Agenda 2

128. Ensure access, at the national level, to environmental information and judicial and administrative proceedings in environmental matters, as well as public participation in decision -making, so as to further principle 10 of the Rio Declaration on Environment and Development, taking into full account principles 5, 7 and 11 of the Declaration.

129. Strengthen national and regional information and statistical and analytical services relevant to sustainable development policies and programmes, including data disaggregated by sex, age and other factors, and encourage donors to provide financ ial and technical support to developing countries to enhance their capacity to formulate policies and implement programmes for sustainable development.

130. Encourage further work on indicators for sustainable development by countries at the national level, including integration of gender aspects, on a voluntary basis, in line with national conditions and priorities.

131. Promote further work on indicators, in conformity with paragraph 3 of decision 9/4 of the Commission on Sustainable Development.44 __________________ 44 See Official Records of the Economic and Social Council, 2001, Supplement No. 9 (E/2001/29), chap. I.B. Page 54 132. Promote the development and wider use of earth observation technologies, including satellite remote sensing, global mapping and geographic information systems, to collect quality data on environmental impacts, land use and land -use changes, including through urgent actions at all levels to:

(a) Strengthen cooperation and coordination among global observing systems and research programmes for integrated global observations, taking into account the need for building capacity and sharing of data from ground -based observations, satellite remote sensing and other sources among all countries;

(b) Develop information systems that make the sharing of valuable data possible, including the active exchange of Earth observation data;

(c) Encourage initiatives and part nerships for global mapping.

133. Support countries, particularly developing countries, in their national efforts to:

(a) Collect data that are accurate, long -term, consistent and reliable;

(b) Use satellite and remote -sensing technologies for data colle ction and further improvement of ground -based observations;

(c) Access, explore and use geographic information by utilizing the technologies of satellite remote sensing, satellite global positioning, mapping and geographic information systems.

134. Support efforts to prevent and mitigate the impacts of natural disasters, including through urgent actions at all levels to:

(a) Provide affordable access to disaster-related information for early warning purposes;

(b) Translate available data, particularly from global meteorological observation systems, into timely and useful products.

135. Develop and promote the wider application of environmental impact assessments, inter alia, as a national instrument, as appropriate, to provide essential decision -support information on projects that could cause significant adverse effects to the environment. 136. Promote and further develop methodologies at policy, strategy and project levels for sustainable development decision -making at the local and national levels, and where relevant at the regional level. In this regard, emphasize that the choice of the appropriate methodology to be used in countries should be adequate to their country -specific conditions and circumstances, should be on a voluntary basis and should conform to their development priority needs.

****THE UN AT 70; TIME FOR COMPLIANCE 

 

If states comply with these many instruments, the global community will have more respect for the rule of international law, and more faith in the United Nations, including for the compliance with and implementation of the SDGs. Credit: UN Photo/Joao Araujo Pinto

VICTORIA, British Columbia, Canada , Apr 27 2015 (IPS) - At key anniversaries of the U.N., there have been calls for compliance with international instruments.

In 1995, Secretary-General Boutros Boutrous-Ghali indicated support at the 50th anniversary of the U.N., in San Francisco, and, at the 55th Anniversary, Secretary-General Kofi Annan urged states to sign and ratify international instruments.

Human welfare, ecology and negotiation must be a priority over global supply chains and "profit-driven" development through coercion. 

In 2015, with the confluence of the Sustainable Development Goals (SDGs) and the 70th anniversary of the United Nations, COP 21, there is an opportunity to again call upon states to sign and ratify international instruments, to determine what would constitute compliance with these and to undertake to comply with them through enacting the necessary legislation.

This could also be the time to advance and reinforce the concept of peremptory norms as stated in Article 53 of the Vienna Convention on the Law of treaties:

“A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law. For the purpose of the present convention, a peremptory norm of general international law is a norm accepted and recognized by the international community of states as a whole.”

Peremptory norms have been described as those derived from treaties, conventions and covenants which have been ratified by all states or by most states representing the full range of legal systems and the major geographical regions. Also, peremptory norms could be derived from U.N. General Assembly Declarations and Conference Action Plans.

 

 

Ratifying key legally binding agreements

International Covenant  on Civil and Political Rights (ICCPR) and its protocols, The International Covenant on Economic, Social and Cultural Rights (ICESCR); UN Conventions such as Law of the Sea (UN Framework Convention on  Climate Change (UNFCCC),  UN Convention on Cultural and NaturaL Heritage WHC), on Desertification (UNCCD), on Ozone (MP),on Rights of the Child (CRC), on the Elimination of All Forms of Discrimination Against Women(CEDAW) and its protocols, on the International convention on the Elimination of Racial Discrimination ( (ICERD), on Genocide (CPPCG) Convention on Rights of Migrant Workers and their families, on Labour (ILO Convention), on Transnational Organized Crime and the Protocols Thereto (CTOC) on Persons with Disabilities(CRPD); Declarations such as  the Declaration on the Rights of indigenous Peoples UNDRIP; peace Treaties, such as the Non Proliferation Treaty  NPT, the Comprehensive Test Ban Treaty (CTBT), Anti_Personnel-Mine-(APM), Cluster Munitions (CCM), Arms Trade (ATT). Respect for the jurisdiction and decisions of the ICJ, and the ICC Rome Statute are paramount.

Related IPS Articles

·         The U.N. at 70: A View from Outer Space

·         The U.N. at 70: U.N. Reform Must Benefit All Countries

If states comply with these many instruments, the global community will have more respect for the rule of international law, and more faith in the United Nations, including for the compliance with and implementation of the SDGs.

Eradication of poverty and the provision for food security coalesced U.N. members behind the SDGs. Ratifying these instruments would be a step toward achieving all of the Sustainable Development Goals, as these instruments will further true security.

At Rio 2012, states were reluctant to address the need to determine what would constitute adhering to key Rio Declaration principles, including the precautionary principle and principle of differentiated responsibility, which needs financial investment in developing economies.

“Innovative financing” for implementation of the SDGs

From the 1969 to 1992, U.N. States affirmed the need to move towards disarmament and the reallocation of military expenses for the benefit of humanity and the ecosystem.

In 1969, member states of the U.N. called for the achievement of general and complete disarmament and the channeling of the progressively released resources to be used for economic and social progress for the welfare of people everywhere and in particular for the benefit of developing countries (article 27 (a) XX1V of 11 December 1969 Declaration on Social Welfare, Progress and Development); and in 1992,

They made a commitment to reallocate resources at present committed to military purposes (Article 16 e, Chapter 33, “Innovative financing”, of Agenda 21, UNCED).

Furthering true security, common security

The SDGs need to redefine what constitutes “true security.”

True security is common security, not militarised security, collective security or “human security that has been used as a pretext for war: so-called “human security” (Iraq 1991, “Humanitarian intervention” (Kosovo, 1999), “Responsibility to Protect” (Haiti, 2004, Libya, 2011), “Article 51-self-defence” (Afghanistan (2003) and Syria (2015).

In 1982, Olaf Palme, in the Commission Report on Disarmament and Security, introduced the concept of common security which could be extended to embody the following objectives:

To achieve a state of peace, and disarmament, through reduction of military expenses;

To create a global structure that respects the rule of law;

To enable socially equitable and environmentally sound employment, and ensure the right to development and social justice;

To promote and fully guarantee respect for human rights including labour rights, women’s rights civil and political rights, indigenous rights, social and cultural rights – right to food, right to housing, to safe drinking water and sewage treatment, to education and to universally accessible not for profit health care system;

To ensure the preservation, and protection of the environment, the respect for the inherent worth of nature beyond human purpose, the reduction of the ecological footprint and the moving to away from the current model of unsustainable overconsumption.

Arriving at universal support of existing instruments will let the U.N. uphold the three pillars of the SDGs: economic development, social development and environmental protection.

Human welfare, ecology and negotiation must be a priority over global supply chains and “profit-driven” development through coercion.

 

The  needs to lead by example  and US do the following:

1. to ratify the Vienna Convention on the Law of Treaties

2. to ratify the international Convention for the Elimination of all Forms 
of Discrimination Against Women and its protocol
3. to ratify the Convention on Biological Diversity and its protocols
4 to ratify the Kyoto Protocol

5. Convention for the Safeguarding of the Intangible Cultural Heritage 2003

6 to ratify the Convention on the rights of migrant Workers and their families
7. to ratify the Convention on the Rights of the Child 

8. To adopt The Declaration on the Rights of Indigenous Peoples

9. to ratify the International Covenant of Social economic, and Cultural Rights
10. to ratify the Optional Protocols of the International Covenant on Civil and Political Rights 
11. to abide by the Convention Against Torture
12. to abide by the Geneva protocols on prohibited weapons
13. and to sign and ratify the Convention for the Banning of Landmines,
14 to sign and ratify all Geneva Protocols, including Protocol V, which requires

the removal of remnants of war

15 to ratify the protocol condemning the death penalty
16 to invoke the precautionary principle, which appears in the Rio Declaration,

the UN Framework Convention on Climate Change and the Convention on Biological Diversity, as a general and enforceable principle of law

17.to ratify the Basel Convention Controlling Transboundary Movement of Hazardous wastes and their disposal

18 To ratify the Comprehensive Test Ban Treaty (CTBT

19. to respect the jurisdiction and decisions of the International Court of Justice

20  to ratify the International Criminal Court

 

 

 

Last Updated on Monday, 12 October 2015 17:50
 

Latest News