II Regional Workshop for GEF IW Projects in Latin America and the

CaribbeanBuenos Aires, Argentina, June 14, 2013

Good practices with legal frameworks: the experience of the GEF Amazon Project

Maria ApostolovaInternational Waters SpecialistPS/ACTO / GEF Amazon Project

Global Environment

Facility

United Nations Environment Programme

Presentation overviewJune 14, 2013

I. The GEF Amazon Project: General and institutional context

II. The Amazon Basin: Strengthening the legal frameworks

III. Good practices

GEF AMAZON Project: General overview

Project Objective: Develop a Strategic Action Program (SAP) for the

Amazon Basin and create the necessary enabling environment for the it future implementation.

Main Outputs: Shared Vision for the Amazon Basin Hydro-climate vulnerability atlas Integrated Information System Transboundary Diagnostic Analysis (TDA) Strategic Action Program (SAP)

Institutional ContextAgencies

• GEF / UNEP / PS-ACTO

National Project Execution Units in the 8 countries:• Ministry of Foreign Affairs (Bolivia)• National Water Agency, ANA (Brazil)• Ministry of Environment and Sustainable Development

(Colombia)• National Water Secretariat , SENAGUA (Ecuador)• Ministry of Public Works and Communication (Guyana)• National Water Authority, ANA (Peru)• Ministry of Labor, Technological Development and Environment

(Suriname)• People’s Power Ministry for the Environment (Venezuela)

Project Components

Subproject I.1

Vision for the Amazon Basin

Subproject I.2

Strengthening the legal and institutional framework

Component II

Understanding the natural resources base

Component II

Understanding the natural resources base

Subproject II.1

Targeted research

Subproject II.2

Hydro-climate Vulnerability

Atlas

Subproject II.3

Formulation of the TDA

Subproject III.1

Pilot Projects

Subproject III.2

Priority Adaptation Measures

Subproject III.3

Integrated Information System

Subproject III.4

Communication, Outreach, and Finance

Subproject III.5

SAP

Component III

Response Strategies

Component III

Response Strategies

Component IV

Project Management

Component IV

Project ManagementComponent V

Monitoring and Evaluation

Component V

Monitoring and Evaluation

Amazon Basin: Legal frameworks

• Regional legal framework: the Amazon Cooperation Treaty• Regional soft law:

Ministerial Declarations• National legal

frameworks

• Amazon Cooperation Strategic Agenda•Andean Strategy on IWRM

Amazon Cooperation Treaty1978/1980

Preservation of Species:

Fauna and Flora

Incorporation to National

EconomiesWater Resources

Indigenous Peoples

Education

Health

Scientific Investigation

and Technology

Navigation

Tourism

Trade: Populations at

bordersInfrastructure: Transport and

Communications

Environmental Conservation / Sustainable Development

South/South Cooperation

Decisions by Consensus

Sovereignty

THE AMAZON COOPERATION TREATY

L INES OF

ACTION

PRINCIPLE

AREAS

9

FROM ACT TO THE ACTO

1978/80 1980/89

SIGNATURE OF THE

TREATY AND ENTRY INTO

FORCE

STAGE OF ASSERTION OF SOVEREIGNTY

•Redemocratization•Economic Crisis•Natural Resources •Amazon not priority

ESTABLISHMENT OF SPECIAL

COMMITTEES OF THE AMAZON

INSTITUTIONAL WORK OF

TECHNICAL COMMISSIONS,

PROGRAMS AND PROJECTS

CREATION OF THE ORGANIZATION

AND ITS PERMANENT SECRETARIAT

CROSS-BORDER COOPERATION

1989/95 1995/02

STRATEGIC PLAN 2004 – 2012

EXPANSION OF FUNDING

PORTFOLIO

2002/09

Polítical Process – soft law

Polítical Process – soft law

Political Process• XI Meeting of the Ministries of Foreign Affairs of the

Amazon Cooperation Treaty (TCA), Manaus Commitment, Brazil, 22 November 2011

• II Meeting of the Ministers of EnvironmentLima – Peru, 21 March 2012

• XII Meeting of Ministers of Foreign Affairs of the TCA de MRE, El Coca Declaration, Ecuador, 3 May 2013

•Institutional Strengthening of the PS/ACTO• Articulate, facilitate, coordinate, manage regional and

international cooperation actions, generate regional information.

Polítical Process – soft law –Declaration of Manaos

• Principle guidelines: Building a comprehensive vision of Amazon regional cooperation. Identification of actions to reduce and monitor deforestation, to promote

the issue of forest resources sustainably, implementation of urgent measures to ensure the preservation and conservation of the biodiversity.

Strengthening institutional and political mechanisms concerning indigenous and tribal communities of the ACTO.

Protection, management, preservation of the water resources. Generation of actions to promote food security and hunger erradication

in the possible shortest term. Coordination of environmental health surveillance, implementation of

actions in border areas and adoption of prevention mechanisms. Promotion of eco-tourism. Impetus to a regional agenda for science and technology. Monitoring by the PS / ACTO of the international negotiations on main

issues for the Amazon cooperation.

•

ACTO: Strategic Amazon Cooperation Agenda

ACTO: Strategic Amazon Cooperation Agenda • ACTO – Vision of Future

• “An Organization recognized within the Member Countries and internationally as a reference in regional cooperation, discussion and positioning on the issues of the international agenda related to the Amazon and in the exchange of experiences, acting upon the principles of full excercise of sovereignty in the Amazon region: respect and harmony with nature, comprehensive sustainable development and reduction of asymmetries of the States in the Region.”

Strengthening legal frameworks: GEF Amazon Project

GENERAL OBJECTIVE

Obtain and consolidate information on national legal norms and regulations on water resources management and related areas in the 8 basin countries, identifying differences and possible gaps as well as opportunities for cooperation.

Strengthening legal frameworks

Inventory and analysis of national legal frameworks:• Regional Group of Experts (8 countries) / Methodological

Protocol• Inventory and analysis of national constitutional and infra-

constitutional legislation on water resources, biodiversity and climate change

• Proposals for strategic actions

• Proposals for strategic actions

Strengthening legal frameworks

Inventory and analysis of regional and international legal instruments1.Amazon Cooperation Treaty and ACTO

2.International instruments

3.Internalization of international legal instruments and hierarchy of the treaties

Inventário e análise dos textos internacionais

4. Propostas: estratégias PAE

Good practices from the Amazon Project

• Promote exchange of information and experiences on legal frameworks between the participating countries

• Promote capacity building• Involve national experts from all countries • Methodological protocols

Good practices from the Amazon Project• Analyze international legal instruments signed by the

countries in order to identify common base and principles

• Identify general guidelines and/or directives, not specific legislation

• Validate results at the national technical and political levels

• Consolidate information and disseminate

Gracias, Thank you, Obrigado, Dank U