Cartagena

Report
ELConvention
PROGRAMA
for the Protection
AMBIENTAL
and Development
DEL CARIBE
of
the Marine Environment of the Wider Caribbean
Region – Cartagena Convention
Legal and Administrative Challenges of
Implementing a Regional MEA
Training Workshop on Environmental Legislative
Drafting
Georgetown, Guyana
2-5 August 2011
Christopher Corbin
Programme Officer
Secretariat for the Cartagena Convention
OUTLINE
 What is the Caribbean Environment Programme?
 Cartagena Convention & Protocols
 Major Obligations of the Convention
 Legal & Administrative Barriers to Ratification
 Legal & Administrative Barriers to Implementation
 Conclusion & Opportunities
The Caribbean Environment Programme is one of
18 Regional Seas Programmes
comprising over 140 Countries
Regional Seas
WIDER CARIBBEAN REGION
St. Maarten
Curacao
CARIBBEAN ENVIRONMENT
PROGRAMME
MISSION
“To promote regional co-operation for the
protection and development of the Wider
Caribbean Region”
OBJECTIVE
“To achieve sustainable development of marine
and coastal resources in the Wider Caribbean
Region through effective, integrated management
that allows for economic growth and sustainable
livelihoods”
The legal and administrative basis
for the Caribbean Environment
Programme is the:
Cartagena Convention for the
Protection and Development of the
Wider Caribbean
CARTAGENA CONVENTION
Only Legally Binding Regional
MEA for the Protection and
Development of the Marine
Environment of the Wider
Caribbean Region
Cartagena Convention
Adopted in 1983
Entered into force 1986
Oil Spills Protocol
Adopted in 1983
Enteretd into focrce in
1986
Specially Protected
Areas and Wildlife
Protocol (SPAW)
Protocol concerning
Land-Based Sources
of Pollution (LBS)
Adopted in 1990
Entered into force 2000
Adopted in 1099
Enteretd into force in
2010
Cartagena Convention: 25
countries
Oil Spills Protocol: 25 countries
SPAW Protocol : 13 countries
LBS Protocol: 9 countries
Major Environmental Threats
 Unplanned Coastal Development
 Land Based Sources of Pollution
 Marine-based Activities
 Overfishing
 Habitat Destruction
 Climate Change
 Invasive Species
Major Environmental Impacts
Loss of Biodiveristy
Flooding
Pollution
The Cartagena Convention as a Regional
MEA addresses several different coastal
& marine environmental threats affecting
the countries of the Wider Caribbean
Region.
The three Protocols to the Convention
identify additional obligations for the
protection and development of the
Caribbean Sea thus reducing negative
impacts to the coastal and marine
environment.
Dumping
Ships
Land Based
Biodiversity
CARTAGENA
CONVENTION
Air
Sea/River-Bed
What are the Objectives of the
Oil Spills Protocol?
• Protect marine & coastal environment
from oil spill incidents
• Establish & maintain means to respond
to oil spill incidents & to reduce the risks
associated with such incidents
What are the Objectives of the
SPAW Protocol?
• Protect, preserve & sustainably manage
fragile areas & threatened or endangered
species of flora & fauna
• Regulate &/or prohibit activities having
adverse effects on protected areas &
wildlife (biodiversity)
What are the Objectives of the
LBS Protocol?
• Reduce pollution through establishment
of effluent & emission limitations and/or
best management practices
• Exchange information on land-based
pollution through cooperation in
monitoring & research
THE MEA DILEMMA –
How
do we
implement?
Climate
Change
Cartagena
Not
another
one...
Biodiversity
Desertification
BASEL
CITES
Stockholm
Rotterdam
RAMSAR
Oil Spills
Challenges to Ratification/1
• Limited financial, technical & human
resources to assess implications of the MEA;
• Lack of political priority for environmental
protection & sustainable development;
• Lack of interest or perceived relevance of the
MEA to national priorities;
Challenges to Ratification/2
• Lack of involvement by country in the
negotiation process;
• Lack of understanding of implications,
benefits & costs of implementing the MEA;
• Lack of dedicated national focal points
responsible for treaty acceptance;
Challenges for MEA Implementation/1
• Lack of expertise & inadequate financial/human
resources to ensure compliance with obligations;
• Lack of interest or perceived relevance of MEA
obligations to national priorities;
• Lack of media & public awareness/interest;
• Lack of integration of MEA obligations into national
work programmes, projects & activities;
Challenges for MEA Implementation/2
• Project rather than Programme Focus by MEA
enabling activities;
• Competing MEAs, projects and/or priorities;
• Lack of enabling Legislation that provides for
standards, enforcement, reporting etc.
• Lack of effective administrative structure for
monitoring MEA compliance;
Unique Challenges for Regional MEA
• Reduced financial support compared with
Global MEAs – often lesser visibility & profile;
• Obligations cover a wide range of thematic
areas - implementation requires coordination
& collaboration among several agencies & may
require amendments to existing policy,
legislation, regulations, &/or
institutional/administrative mechanisms;
Unique Opportunities for Regional MEA
• Facilitates joint implementation of a larger
number of related Global MEAs;
• Responds more directly to unique national,
sub-regional & regional priorities, socioeconomic circumstances & political realities;
• Fosters regional cooperation in the protection
of a shared resource – the Caribbean Sea;
Checklist for MEA Implementation/1
Retain drafting skills & technical expertise;
Seek assistance of Convention Secretariat for
technical assistance;
Ensure that implementing legislation
provides for institutional, policy-making &
administrative tools & mechanisms;
Ensure that implementing legislation
provides for adequate enforcement measures
including incentives to promote compliance;
Checklist for MEA Implementation/2
Resolve conflict between MEA principles and
domestic legislation;
Ensure that the national legislation
implements all of the mandatory MEA
obligations;
Conditions may change and provisions may
become inadequate. Include provisions in the
national legislation for MEA amendments;
What direct support can be provided?

Policy & Legislative Reforms

Training & Capacity Building

Public Education & Awareness

Technology/Equipment

Solutions for “Hot Spot” problems through
pilot interventions;
THANK
YOU
EL PROGRAMA AMBIENTAL DEL CARIBE
UNEP-CAR/RCU
14-20 Port Royal Street
Kingston, Jamaica
(876) 922-9267 - phone
(876) 922-9292 - fax
[email protected]
Website: www.cep.unep.org

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