EL PROGRAMA AMBIENTAL DEL CARIBE
Christopher Corbin Programme Officer
Secretariat for the Cartagena Convention
Convention for the Protection and Development 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 DraftingGeorgetown, Guyana
2-5 August 2011
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
Regional Seas
The Caribbean Environment Programme is one of18 Regional Seas Programmes comprising over 140 Countries
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
Only Legally Binding Regional MEA for the
Protection and Development of the Marine Environment
of the Wider Caribbean Region
CARTAGENA CONVENTION
Oil Spills Protocol Adopted in 1983
Enteretd into focrce in 1986
Specially Protected Areas
and Wildlife Protocol (SPAW) Adopted in 1990
Entered into force 2000
Protocol concerning Land-Based Sources of
Pollution (LBS) Adopted in 1099
Enteretd into force in 2010
Cartagena ConventionAdopted in 1983
Entered into force 1986
CARTAGENA CONVENTIONS & PROTOCOLS
Status of Ratification of the Cartagena Convention & its
Protocols
Cartagena Convention: 25 countries
Oil Spills Protocol: 25 countries
SPAW Protocol : 13 countriesLBS Protocol: 9 countries
Unplanned Coastal Development
Land Based Sources of Pollution
Marine-based Activities
Overfishing
Habitat Destruction
Climate Change
Invasive Species
Major Environmental Threats
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.
• 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 Oil Spills 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 SPAW 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
What are the Objectives of the LBS Protocol?
Biodiversity
CITES
BASEL
Desertification
Climate Change
RAMSARStockholm
Cartagena
Rotterdam
Oil Spills
Not another one...
THE MEA DILEMMA – How do we implement?
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, socio-economic 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 measuresincluding 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 thenational 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;
EL PROGRAMA AMBIENTAL DEL CARIBE
THANK YOUUNEP-CAR/RCU
14-20 Port Royal StreetKingston, Jamaica
(876) 922-9267 - phone(876) 922-9292 - [email protected]
Website: www.cep.unep.org