report on philippine compliance to meas

Convenbon on Bislopeal Diversity

Report on Climate Change, Siodiversity,

Desertification and POPs Multilateral Environmental Agreements:

PHILIPPINE COMPLIANCE and POSITIONS

Joacf Lcioi IL Garcia Consaitant

_.4.44k1 UNCCD

United Nations Convention to Combat Desertific Anon

STOCIIHOLM CONVENTION ON PFA5ISTD4T ORGANK POLLUTANTS (PCPs)

Printing financed by the Department of Environment and Natural Resources, Environment and Natural Resources Capacity and Operation Enhancement (ENR-CORE) Project under the Country Programme Action Plan (CPAP) between the

Government of the Philippines and the United Nations Development Programme (UNDP

FOREWORD

This report is a brief catalogue of the Philippine governments compliance efforts with four multilateral environmental agreements: the United Nations Convention on Biological Diversity (UNCBD), the United Nations Framework Convention on Climate Change (UNFCCC), the United Nations Convention to Combat Desertification (UNCCD) and the Stockholm Convention on Persistent Organic Pollutants. It also relays a sense of the Philippine positions in these MEAs as delivered and made known in Conferences and Meetings of the Parties as well as gatherings of subsidiary and technical working groups of the Conventions. The undertaking seeks to summarize and give a snapshot of what the Philippines has so far achieved, its share to the international community and the world in preserving biological diversity, responding to climate change and desertification, and preventing the spread of persistent organic pollutants. Since the entry into force of the Conventions, Philippine government activities and programs geared towards complying with country obligations were implemented. This was done not only for purposes of meeting the Conventions legal requirements but, more importantly, because of the realization that the objectives sought to be achieved under the Conventions give resonance to the Philippines efforts to respond to its own local environmental crisis: the continuing loss of biodiversity, the emerging dire consequences of decades of abusive land use, and the accelerated impact of changing climate conditions. The detrimental effect of this crisis on the Filipino people is most hurtfully felt by those living in the margins of society: our farmers, fisherfolks, indigenous peoples, rural women, and, most unfortunately, our children. Thus, other than just a recital of compliance, the report is more importantly a review of past and current government efforts in order to serve as a basis for a deeper assessment of the impact of government activities on the environment and the lives and source of life of the ordinary Filipino. While the undeniable integral objective is to present to the international community the Philippines modest accomplishments in playing out its role as a responsible party to the Conventions, the review conveys as well a governments struggle to give purposive meaning to the lives of its people, who tirelessly forge and pursue a better future for their children, by responsibly managing and conserving the bounty of their shores and hinterlands within the framework of sustainable development. For in the end, we are all just stewards of the seas and the mountains, never exercising true dominion, but rendering humble servitude to the environment in recognition of its power over us, and the timelessness of its blessings to past, present, and, if we are responsible enough, to future generations as well.

Report on Philippine Compliance to MEAs (Outline)

i

O U T L I N E

Introduction ____________ Philippine Commitments and Monitoring Compliance __________________________________________________ Review of the Treaty Origins of the UNFCCC, UNCBD, UNCCD and Stockholm Convention vis a vis the Philippine Constitution and Environmental Policies UN Conference on the Human Environment

World Charter for Nature

UN General Assembly Resolution 44/228

Rio Declaration on the Environment and Development

Global Agenda 21

The 1987 Philippine Constitution and Environmental Policies

_______________________________________________________ Salient Points of the Multilateral International Environmental Agreements (UNFCCC, UNCBD, UNCCD, Stockholm Convention) Principles and Objectives

UNFCCC UNCBD UNCCD Stockholm Convention on POPs

Commitments and Obligations of Parties

UNFCCC UNCBD

UNCCD Stockholm Convention on POPs

__________________________________ Review of Philippine Compliance with MEA Commitments and Obligations National Legislations and Regulations

NIPAS Law Revised Forestry Code

Executive Order No. 318 National Caves & Cave Resources Management & Protection Act IPRA

EO 247on Bioprospecting and Wildlife Resource Conservation and Protection Act

Report on Philippine Compliance to MEAs (Outline) ii

Executive Order No. 430 on Biosafety EO 514

Fisheries Code Agriculture and Fisheries Modernization Act The Balanced Fertilization Strategy Clean Air Act Ecological Solid Waste Management Act New and Renewable Energy Program Bill

Government Programs, Projects and Activities on Climate Change

The IACCC ADB Climate Change Project U.S. Country Studies Program ALGAS Project National Action Plan on Climate Change National Communications Enabling Activity on Climate Change Climate Awareness Survey GHG Abatement Awards National Environmental Educational Action Plan (NEEAP) Capacity-Building for Clean Development Mechanism (CDM) Designated National Authority for CDM CDM Project Activities Energy Projects Agriculture Other Projects

Government Programs, Projects and Activities on Biological Diversity

National Biodiversity Strategy and Action Plan (NBSAP) National Reports

Protected Areas Biodiversity Corridors and Archipelagic Framework Other Protected Area Projects Ex-Situ Conservation Indigenous Knowledge Ecotourism Market-Based Instruments and Revenue Collection Education, Training and Research Coastal and Marine Project Activities International Cooperation

Government Programs, Projects and Activities on Land Degradation and Desertification

BSWM as Focal Agency National Action Plan to Combat Desertification and Land Degradation National Report Presidential Task Force on El Nino SWIS, SWIP, STW, and SFR

Report on Philippine Compliance to MEAs (Outline)

iii

Sustainable Agriculture and Marginal Uplands Development and Integrated Ecosystem Management Programs

Organic-based Agriculture Development (Agri-kalikasan) Program Community-Based Watershed and Forest Management Integrated Watershed Management Sustainable Use of Shallow Groundwater National Soil and Water Resources RDE Network Soil and Water Conservation and Management Measures Information and Education

Government Programs, Projects and Activities on POPs __________________________________________________ Review of Philippine Positions on the UNFCCC, UNCBD, and UNCCD Climate Change

Adherence to the UNFCCC Developed Countries Commitments

Post-Kyoto Agreements CDM, Carbon Trading and Adaptation Mechanisms COP 11 and COP 12 Statements Philippine Positions on COP 12 Issues

Biological Diversity

COP 3 COP 5 COP 6 COP 7 COP 8

Land Degradation and Desertification __________________________________ Conclusion __________

REPORT on CLIMATE CHANGE, BIODIVERSITY, DESERTIFICATION and POPs MULTILATERAL

ENVIRONMENT AGREEMENTS: PHILIPPINES COMPLIANCE and POSITIONS

Josef Leroi L. Garcia

Consultant Introduction __________ In the early 1970s, the international community represented by the United Nations took a cognizable and landmark shift in focus from post World War II promethean conventions and international treaties on the individuals human rights and collective peoples self-determination to humankinds natural environment. This development could be characterized as the nascent recognition of environmentalism vis a vis human liberation as a legitimate and urgent concern of the worlds governments and nation-states. The UN Conference on the Human Environment held in Stockholm in 1972 followed by the World Charter for Nature in 1982 set the stage for international recognition of such concepts as environmental protection, nature conservation, sustainable development, and inter-generational responsibility which, hitherto, were undeveloped if not unheard of principles, much more agenda, of the international community in its debates, discussions and declarations within and outside the halls of the United Nations. With the recognition that the worlds natural resources are mostly finite and basically non-renewable and that their unmitigated exploitation and development in the name of national and individual human economic progress do not entirely correspond to the natural environments capacity to sustain itself as well as maintain increasing economic production, a new form of ideological shift has formed from a human-centered, promethean theme to an earth-centered one. At last, the environment became a legitimate topic of concern in the worlds political, scientific, and economic communities. Formal declaration of principles as embodied in the Stockholm Conference and World Charter for Nature thus paved the way for more concrete instruments of international expression of actions and programs for the preservation and protection of the worlds natural environment. These came to be embodied in the Rio Earth Summit of 1992, which, in turn, heralded the coming into

force of several UN environmental conventions and international agreements including the United Nations Framework Convention on Climate Change (UNFCCC, 1992), the United Nations Convention on Biological Diversity (UNCBD, 1992), the United Nations Convention to Combat Desertification (UNCCD, 1994) and the Stockholm Convention on Persistent Organic Pollutants (Stockholm Convention, 2001). Philippine Commitments and Monitoring Compliance ____________________________ Being a signatory to these multilateral international environmental agreements, the Philippines has therefore bound itself, like any other signatory nation, to certain treaty obligations, committing itself to the performance of said obligations as defined in these conventions or any of their protocols or subsequent meetings or conference of their parties. Presently, the Department of Environment and Natural Resources (DENR), as one of the Philippine governments focal agencies on multilateral international environmental agreements (MEAs), has taken steps to institutionalize and set-up a system of monitoring and information management whereby Philippine compliance with its international environmental treaty obligations are formally documented and integrated. This endeavor seeks to concretize and further develop the Philippine governments prioritization in accomplishing, in a most systematic and transparent manner, its compliance with its international environmental obligations. Several aspects of institutionalization have already been set into motion, e.g., the continued coordination of concerned government agencies involved in satisfying compliance with certain environmental agreements like the Inter-Agency Committee on Climate Change, and the creation of the International and Legal Affairs Desk under the Assistant Secretary for Foreign-Assisted Projects of the DENR.

Report on Philippine Compliance to MEAs Page 2 of 43

The instant project of taking stock and reviewing the Philippine governments international environmental treaty commitments and corresponding compliance thereto seeks to contribute to the institutionalization of monitoring and centralizing and managing information on said compliance. It selectively covers three of the major and one of the most recent international agreements entered into, viz., the UNFCCC, UNCBD, UNCCD and the Stockholm Convention on POPs. In so doing, it hopes to present a sample of the Philippine case insofar as its commitment and compliance is concerned since the start of said agreements, with the hope of eventually expanding such an endeavor to all other international environmental agreements the Philippines is a party-signatory to. Review of the Treaty Origins of the UNFCCC, UNCBD, UNCCD and Stockholm Convention vis a vis the Philippine Constitution and Environmental Policies ____________________________

UN Conference on the Human Environment From June 5 to 16, 1972, representatives from member nations of the United Nations converged in Stockholm and held the United Nations Conference on the Human Environment. The objective of the conference was to come out with common principles to guide nations and their peoples in the preservation and protection of the human environment. The Conference thus yielded the Draft Declaration on the Human Environment. The Declaration is premised on the proposition that the environment, both natural and man-made, is essential to the well-being of man and his enjoyment of human rights including the right to life. The declaration held that concurrent with the enjoyment of basic human, political, civil, social, cultural and economic rights, humans are responsible for the protection and improvement of their environment not only for present but more importantly for future generations. Thus, the principle of inter-generational responsibility, long recognized and held high by traditional communities and indigenous peoples the world over, was reborn in and recognized by the modern world. Another principle, again already long practiced by ancient peoples living at the fringes of modern civilization, was discovered, the principle of sustainable development. The declaration held that the capacity of the earth to produce vital renewable

resources must be maintained and improved, that humans have the responsibility to safeguard and wisely manage the heritage of wildlife and its habitat, and that non-renewable resources of the earth must be utilized economically to safeguard their future exhaustion and to ensure that benefits from said exhaustion are shared by all. The declaration also hedged on the egalitarian aspect of natural resource utilization. It held that economic and social development is essential for ensuring a favorable living and working environment for humans and for creating conditions on earth that are necessary for the improvement of the quality of life. Thus, environmental deficiencies generated by conditions of underdevelopment can best be remedied by accelerated development and assistance to developing countries. In addition, the environmental policies of all states should enhance the development potential of developing countries and the attainment of better living conditions for all. World Charter for Nature A decade after the UN Conference on the Human Environment, on October 28, 1982, the World Charter for Nature was adopted. It was the result of a series of resolutions on the subject of environmental protection and sustainable development in the context of international cooperation. Unlike its predecessor Convention on the Human Environment, the Word Charter revolved more around the natural environment rather than on its interface with human economic development. Thus, instead of principles based on the need to preserve nature and its environment as means to achieving the sustained growth and development of modern societies, the World Charter for Nature emphasized preservation, protection and conservation of the natural environment per se, with the recognition that its maintenance is indispensable not only to the sustenance of modern life, but to the preservation of life itself, or of human survival enjoyed at the basic minimum level. Thus, it declared that nature shall be respected and its essential processes shall not be impaired. The genetic viability on Earth shall not be compromised. The population levels of all life forms, wild and domesticated, must be sufficient for their survival, and to this end their habitats must be safeguarded. All areas of the Earth, both land and sea, shall be subject to these principles of conservation. Special protection shall be given to unique areas, to representative samples of all the different types of ecosystems and to the habitats of

Report on Philippine Compliance to MEAs

Page 3 of 43

rare or endangered species. Ecosystems and organisms, as well as the land, marine and atmospheric resources utilized by humans, shall be managed to achieve and maintain optimum sustainable productivity, but not in such a way as to endanger the integrity of those other ecosystems or species with which they coexist. Nature shall also be secured against degradation caused by warfare or other hostile activities. The Charter recognized that the needs of humans can be met only by ensuring the proper functioning of natural systems. As such, due account must be taken of the long term capacity of natural systems to ensure the subsistence and settlement of the populations concerned and of the Earths physical constraints, its biological productivity and diversity, and its natural beauty. In order to achieve these, natural resources shall not be wasted but used with such appropriate restraint as set forth in the principles of the Charter.

These principles are: 1) living resources shall not be utilized in excess of their natural capacity for regeneration; 2) the productivity of soils shall be maintained or enhanced through measures which safeguard their long-term fertility and the process of organic decomposition, and prevent erosion and all other forms of degradation; 3) resources, including water, which are not consumed as they are used shall be reused or recycled; and 4) non-renewable resources which are consumed as they are used shall be exploited with restraint, taking into account their abundance, the rational possibilities of converting them for consumption, and the compatibility of their exploitation with the functioning of natural systems.

The Charter also included guiding principles on human activities which impact on the environment, and provides that those likely to cause damage shall be avoided, and where adverse effects are not fully understood, the activities should not proceed. It also introduced the concept of environmental impact assessment when it proposes that activities which are likely to pose significant risks to nature shall be preceded by an exhaustive examination, with the proponents demonstrating that the expected benefits outweigh potential damage to nature. Any activity therefore must undergo environmental impact studies and that they shall be planned and undertaken with minimal adverse effects on the environment.

UN General Assembly Resolution 44/228 Before the close of the decade of 1980, on December 22, 1989, the United Nations General Assembly issued Resolution 44/228 resolving to conduct the United Nations Conference on Environment and Development. Taking cognizance of the trends pointing to the inevitable disruption of global ecological balance, the Resolution set in motion the major agenda for discussion at the Rio Earth Summit less than three years later, listing specific concerns in maintaining the quality of the Earths environment and achieving sustainable development. The Resolution laid down the agenda for 1) the protection of the atmosphere by combating climate change, depletion of the ozone layer and transboundary air pollution; 2) the protection of the quality and supply of freshwater resources; 3) the protection of the oceans, marine and coastal areas; 4) the protection and management of land resources by combating deforestation, desertification and drought; 5) the conservation of biological diversity; 6) the sound management of biotechnology; 7) the management of hazardous wastes and toxic chemicals and the prevention of the illegal traffic in said materials; 8) the eradication of poverty and the protection of human living conditions in general. Rio Declaration on the Environment and Development From June 3 to 14, 1992, the nations of the world met in Rio de Janeiro, Brazil to hammer out the now historic and monumental Rio Declaration on the Environment and Development. The Declaration reaffirmed the earlier Stockholm Declaration and World Charter for Nature, basically declaring that in order to achieve development for all the peoples of the Earth, environmental protection should constitute an integral part of the development process and cannot be considered in isolation from it.

Thus, having achieved mega-developed status, the western world has finally realized that it has also almost destroyed the worlds ecological balance and environmental integrity in the process and realized that from thereon, development cannot proceed within the same framework of unmitigated disregard of the environment, but must conform to the new norms and future formulations of the components of the principle of sustainable development.


According to the Declaration, in view of the different contributions of nations to global environmental degradation, these nations have common but differentiated responsibilities in now contributing to the worlds fight against the environmental degradation mostly caused by only some of these nations. The developed countries therefore acknowledged in the Declaration the responsibility they bear in the international pursuit of sustainable development in view of the pressures their societies have placed on the global environment the fruits of which they now enjoy in contrast to the impoverished living conditions of the peoples of those nations who least contributed, if any, to the worlds ecological imbalance and environmental degradation. Global Agenda 21 Together with the Rio Declaration, the Global Agenda 21 was likewise born during the Rio Earth Summit. While the Rio Declaration was largely a declaration of principles basically reiterating the previous common environmental and developmental principles enunciated in the Stockholm Declaration and the World Charter for Nature, Agenda 21 is an all-encompassing plan of action intended to be undertaken globally, nationally and locally by the organizations of the United Nations System, individual national governments, and major stakeholders.

The course of action set out in Agenda 21 was divided into four major aspects: social and economic dimensions, conservation and management of resources, strengthening of major groups, and means of implementation. The Agenda laid down action plans for 1) combating poverty; 2) environmental decision-making; 3) protecting the atmosphere; 4) management of land resources; 5) combating deforestation, desertification and drought; 6) sustaining mountain development, agriculture and rural development; 7) conserving biological diversity; 8) managing biotechnology; 9) protecting the marine environment and freshwater resources; and 10) managing toxic chemicals, hazardous substances and solid and radioactive waste. The 1987 Philippine Constitution and Environmental Policies Before the 1987 Constitution, during the Marcos era, the Philippine government has already come up with the Philippine Environmental Policy

as spelled out in Presidential Decree No. 1151. It declares as a continuing policy of the state to 1) create, develop, maintain, and improve conditions under which humans and nature can thrive in productive and enjoyable harmony; 2) fulfill the social, economic and other requirements of present and future generations of Filipinos; and 3) ensure the attainment of an environment that is conducive to a life of dignity and well-being. It thus mandates the government to 1) recognize, discharge and fulfill the responsibilities of each generation as trustee and guardian of the environment for succeeding generations; 2) assure the people of a safe, decent, healthful, productive and aesthetic environment; 3) encourage the widest exploitation of the environment without degrading it, or endangering human life, health and safety, or creating conditions adverse to agriculture, commerce and industry; 4) preserve important historic and cultural aspects of Philippine heritage; 5) attain a rational and orderly balance between population and resource use; and 6) improve the utilization of renewable and non-renewable resources.

The 1987 Constitution was born in the era of nascent environmental activism, awareness and consciousness. Environmentalism was yet to take center stage in the worlds cacophony of myriad causes, which was to take the worlds international convention centers by storm the following decade. Yet, as early as the year it was crafted, the 1987 Philippine Constitution has already cradled within its fledgling arms the seeds of environmental protection and natural resource conservation as expressed in its sustainable development framework, five years before the Rio Earth Summit. The present Philippine Constitution declares that it shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. Specifically, it provides that the state shall protect the nations marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone. It also states that the specific limits of forest lands and national parks shall be determined by law, their boundaries clearly marked on the ground. Thereafter, such forest lands and national parks shall be conserved and may not be increased or diminished except by law. Measures shall also be provided to prohibit logging in endangered forests and watershed areas. It also provides that the rights of indigenous peoples to their ancestral lands shall be protected and provides for the applicability of customary laws governing property rights or relations in determining the ownership and extent of ancestral domains.


Page 5 of 43

Consistent with its commitment to the Rio Declaration, the Philippines undertook to pursue sustainable development as embodied in Agenda 21. Through Executive Order No. 15 issued on September 1, 1992, the Philippine government created the Philippine Council for Sustainable Development (PCSD). The PCSD was established to chart the environmental and sustainable development initiatives of the country. Consequently, it came out with the Philippine Agenda 21. Philippine Agenda 21 is the countrys blueprint for sustainable development. It envisions a better quality of life for every Filipino through sustainable development attended by democratic ideals and recognition of the limits of nature. Salient Points of the Multilateral International Environmental Agreements (UNFCCC, UNCBD, UNCCD, Stockholm Convention) ________________________________

Principles and Objectives UNFCCC

The United Nations Framework Convention on Climate Change (UNFCCC) was one of the three treaties adopted at the 1992 Rio Earth Summit. The UNFCCC aims to stabilize atmospheric concentrations of greenhouse gases at a level that would prevent dangerous anthropogenic or man-made interference with the climate system. It seeks to achieve such a level within a timeframe sufficient to allow ecosystems to adapt naturally to climate change, to ensure that food production is not threatened, and to enable economic development to proceed in a sustainable manner. Parties to the UNFCCC have agreed to work together to address climate change, to adapt to its effects, and to report their actions to implement the convention. They saw the need for the widest possible cooperation among all countries and their participation in an effective and appropriate international response in accordance with their common but differentiated responsibilities and respective capabilities. The principles of the Convention are 1) protection of the climate system for the benefit of present and future generations in accordance with the parties common but differentiated responsibilities; 2) full consideration to specific needs and special circumstances of developing country parties especially those vulnerable to the adverse effects of climate change;

3) taking of precautionary measures to anticipate, prevent or minimize causes of climate change and mitigate its adverse effects regardless of lack of full scientific certainty; 4) promotion of sustainable development; and 5) cooperation to promote a supportive and open international economic system that would lead to sustainable economic growth and development.

In 1997, the parties agreed on the Kyoto Protocol which stipulates binding obligations among some of them (those listed as Annex I countries) to a reduction of their carbon emissions by 5 percent below their 1990 levels in the commitment period 2008 to 2012. The Philippines ratified the UNFCCC on August 2, 1994. It is a non-Annex I party to the convention. The Philippines signed the Kyoto Protocol on August 15, 1998 and ratified it on November 20, 2003. UNCBD The UNCBD is a legally-binding treaty to promote the protection and conservation of the worlds biological resources. It was signed by 150 countries that participated in the UN Conference on Environment and Development (UNCED) in Rio de Janeiro, Brazil in June 1992. The objectives of the UNCBD are to conserve the worlds biological diversity; promote the sustainable use of all components of biological diversity; and promote the fair and equitable sharing of benefits from biological diversity. The Convention sets out commitments for maintaining ecological balance vis a vis economic development. Its main goals are 1) the conservation of biological diversity; 2) the sustainable use of its components; and 3) the fair and equitable sharing of the benefits from the use of genetic resources. The UNCBD focuses on seven thematic programs: 1) agricultural biodiversity; 2) biodiversity of inland waters; 3) biodiversity of dry and subhumid lands; 4) forest biodiversity; 5) marine and coastal biodiversity; 6) mountain biodiversity; and 7) island biodiversity. It also includes among its concerns relevant issues that cut across the seven programs, e.g., plant conservation, invasive alien species, intellectual property rights, traditional knowledge, biosafety, access to genetic resources, and taxonomy. The Convention also recognizes the unique situation of developing countries that require financial and technical assistance to enable them to comply with their treaty obligations. Thus, biodiversity-related activities are funded by the Global Environment Facility (GEF).


An adjunct agreement to the UNCBD is the Cartagena Protocol. It provides for the parties obligations on the transboundary movement of genetically modified organisms (GMOs). Specifically, the protocol aims to contribute to ensuring an adequate level of protection in the field of the safe transfer, handling and use of living modified organisms resulting from modern biotechnology that may have adverse effects on the conservation and sustainable use of biological diversity taking also into account risks to human health, focusing on transboundary movement). The Philippines ratified the UNCBD on October 8, 1993 and ratified the Cartagena Protocol on August 14, 2006, the latter entering into force on January 8, 2007. UNCCD The United Nations Convention to Combat Desertification in Countries Experiencing Serious Drought and/or Desertification (UNCCD) is a multilateral environmental treaty that seeks to address poverty in the dry, arid, semi-arid, and dry sub-humid areas in the world, particularly in the African continent. It focuses on rehabilitating degraded lands and on addressing drought, in which desertification is deemed the worst case of land degradation.

Desertification is defined as the degradation of land in arid, semi-arid and dry sub-humid areas primarily caused by human activities such as over-exploitation and inappropriate land use as well as climatic variations. The Conventions goal is to combat desertification and mitigate the effects of drought in countries experiencing serious drought and desertification through effective action supported by international cooperation and partnership agreements in the framework of an integrated approach consistent with Agenda 21. The Convention is anchored on the premise that rehabilitating degraded lands, combating drought, and preventing further degradation would mean an increase in agricultural productivity and thus reduce poverty and food insecurity. The Convention encompasses measures aimed at improving soil conditions, their natural fertility, and their associated water regimes.

The UNCCD has its roots in the 1977 UN Conference on Desertification (UNCOD). Following a report by the United Nations Environment Programme (UNEP) in 1991 that the problem of land degradation in arid, semi-arid and dry sub-humid areas had intensified, the issue of desertification was

a major concern during the UNCED at Rio de Janeiro in 1992. Thus, the UNCCD was adopted in Paris on June 17, 1994 and entered into force on December 26, 1996. The Philippines became a signatory to the UNCCD on July 12, 1994.

In order to achieve the objective of the UNCCD, the contracting parties are guided by the basic principles that decisions on the design and implementation of programs to combat desertification and mitigate the effects of drought are reached with the participation of local communities in the context of a unified national plan of action. The Convention recognizes the need to improve cooperation and coordination at sub-regional, regional and international levels. It also calls on contracting parties to establish better understanding of the nature and value of land and scarce water resources among the public and private sectors, particularly the landowners, local communities and non-government organizations. The Convention likewise takes into full consideration the special needs and circumstances of affected developing countries, especially the least developed ones. Stockholm Convention on POPs The Stockholm Convention is a global treaty to protect human health and the environment from persistent organic pollutants (POPs).

POPs are chemicals that remain intact in the environment for long periods, become widely distributed geographically, accumulate in the fatty tissue of living organisms and are toxic to humans and wildlife. The persistence and mobility of POPs mean that they are literally everywhere in the world. Their attraction to fatty tissue, known as bioaccumulation, means that even though a poison is first dispersed thinly over a broad area, it slowly starts to concentrate and accumulate as organisms consume other organisms up the food chain. The chemicals reach magnified levels up to many thousand times greater than background levels in the fatty tissues of creatures at the top of the food chain, primarily humans. In implementing the Convention, contracting parties recognize the dangers posed by POPs and thus undertake to eliminate or reduce them in the environment. The objective of the Convention is to protect human health and the environment from persistent organic pollutants. At the Conference of Plenipotentiaries to the Stockholm Convention on POPs held on May 22-23, 2001 in Stockholm, Sweden, the Convention was


Page 7 of 43

adopted and opened for signature. It remained open for signature at the UN Headquarters, Treaty Section, in New York, until May 22, 2002. The Philippines became a signatory to the Convention on May 23, 2001 and ratified the same on February 27, 2004. Commitments and Obligations of Parties UNFCCC All parties to the UNFCCC are subject to a set of general commitments. They are obligated to prepare and to regularly update their national climate change mitigation and adaptation programs. These include measures to address sources of greenhouse gas emissions and to protect and enhance carbon sinks and reservoirs (forests and other natural systems that remove carbon from the atmosphere). They must also take climate change into account in their social, economic and environmental policies, and use methods like impact and vulnerability assessments to minimize the adverse effects of the measures taken to adapt to climate change on the economy, environment, and public health. All parties to the Convention must promote the development, application and transfer of climate-friendly technologies and practices, as well as the sustainable management of carbon sinks. The parties are required to make preparations to adapt to climate change, to participate in climate research, systematic observations and information exchange, and to promote education, training and public awareness on climate change. The parties are also expected to compile an inventory of their greenhouse gas emissions and submit regular reports, known as national communications, on the actions they are taking to implement the Convention. Parties listed in Annex I (developed countries that are members of the Organization for Economic Cooperation and Development [OECD] and economies in transition [EITs] including the Russian Federation, the Baltic States, and several Central and Eastern European States) are subject to a specific commitment to adopt climate change policies and measures that will reduce by the year 2020 their greenhouse gas emissions to certain levels pegged to their 1990 emission levels. Annex I parties are required to provide financial resources to enable developing countries to meet their obligations under the Convention and to

adapt to the adverse effects of climate change. They must also take all practicable steps to promote the development and transfer of environmentally-friendly technologies to both EITs and developing countries. Non-Annex I parties, which comprise of China, India and all other developing countries like the Philippines, are committed mainly to take measures to adapt to climate change. These parties have the following obligations under the Convention:

1. Develop and periodically update and publish national inventories of anthropogenic emissions of greenhouse gases by sources and sink removals;

2. Promote and cooperate with other countries in scientific, technological, technical, socio-economic and other research, systemic observations and the development of data archives related to the climate system and to climate change, and on their full, open and prompt exchange;

3. Cooperate in preparing measures to adapt to the impacts of climate change; develop and elaborate appropriate and integrated adaptation plans including vulnerability and adaptation assessments;

4. Integrate climate change considerations in national policies and actions;

5. Promote and cooperate with other countries in undertaking education, information and training activities that widen and intensify public awareness of climate change and of its impacts, and encourage public participation in addressing said impacts;

6. Promote and cooperate with other countries in developing, applying, diffusing and transferring technologies, practices and processes that control, reduce or prevent anthropogenic greenhouse gas emissions in all appropriate sectors of the economy;

7. Regularly prepare and issue National Communications to the Convention, describing actions being taken to meet the objectives of the Convention.

The Kyoto Protocol sets legally-binding

emissions targets for Annex I parties to at least 5.2% of 1990 levels by 2008-2012. The Clean Development Mechanism (CDM) of said Protocol offers Annex I parties the opportunity to offset their emissions by increasing the amount of greenhouse gases removed from the atmosphere by way of carbon sinks created through land use, land-use change and forestry, either or both within or outside their territories.


Other commitments in Kyoto mirror the general commitments under the UNFCCC. These include preparing national climate change mitigation and adaptation programs, taking steps to improve the quality of emissions data, promoting environmentally-friendly technology transfers, cooperating in scientific research and international climate observation networks, and supporting climate change education, training, public awareness and capacity-building initiatives. Under the Kyoto Protocol, Annex I parties are also committed to providing financial resources to help non-Annex I parties meet their general commitments under said Protocol. UNCBD All parties to the UNCBD are obligated to conserve and utilize biological diversity in a sustainable manner. They are also encouraged to collaborate and to assist each other to fulfill the objectives of the convention.

The parties obligations are also classified into in-situ and ex-situ conservation. In-situ conservation refers to the conservation of ecosystems and natural habitats and the maintenance and recovery of viable populations of species in their natural surroundings and, in the case of domesticated or cultivated species, in the surroundings where they have developed their distinctive properties. Under this category falls the obligation to establish a system of protected areas or areas where special measures need to be taken to conserve biological diversity. In the Philippines, this obligation is met with the enactment and implementation of the National Integrated Protected Areas System (NIPAS) Law or Republic Act No. 7586.

Ex-situ conservation, on the other hand, is

the conservation of components of biological diversity outside their natural habitats. Under this category falls the obligation to establish and maintain facilities for ex-situ conservation and research, the adoption of measures for the recovery and rehabilitation of threatened species and their reintroduction to their natural habitat, and the regulation and management of the collection of biological resources from natural habitats, or bio-prospecting. The Philippines has ten obligations under the UNCBD:

1. Develop a National Strategy and Action Plan on biodiversity conservation and

integrate this into broader national plans for the environment and economic development;

2. Identify and monitor the important components of biological diversity that need to be conserved and used in a sustainable manner;

3. Establish protected areas to conserve biological diversity while promoting environmentally-sound development around these areas;

4. Rehabilitate and restore degraded ecosystems and promote the recovery of threatened species in collaboration with local residents;

5. Respect, preserve and maintain traditional knowledge of the sustainable use of biodiversity with the involvement of indigenous peoples and local communities;

6. Prevent the introduction of, control, and eradicate alien species that could threaten ecosystems, habitats or species;

7. Control the risks posed by organisms modified by biotechnology;

8. Promote public participation, particularly when it comes to assessing the environmental impacts of development projects that threaten biodiversity;

9. Educate people and raise public awareness on the importance of biological diversity and the need to preserve the same;

10. Report on how the country is meeting its biodiversity goals.

UNCCD Contracting parties to the UNCCD are obligated to adopt an integrated approach to tackle the physical, biological and socio-economic aspects of desertification and drought. The Convention calls on the parties to integrate strategies for poverty eradication into efforts to combat desertification and mitigate the effects of drought as well as the promotion of cooperation among affected contracting parties in the fields of environmental protection and the conservation of land and water resources.

Affected countries are obliged to address the underlying causes of desertification with special regard to the socio-economic factors contributing to desertification. For a holistic approach to the problems of drought and desertification, affected states should promote awareness and facilitate the


Page 9 of 43

participation of local populations, particularly women and youth, with the support of non-government organizations and strengthen existing as well as enact new laws establishing long-term policies and action plans to achieve the principles and objectives of the Convention within their respective territories.

As for developed countries, the Convention

obligates the same to provide help and support to the least developed and developing contracting states, particularly those in Africa, consisting of access to financial and technological resources.

The Philippines has five principal

obligations under the UNCCD: 1. Give due priority to combating land

degradation and desertification and mitigating the effects of drought, and allocate adequate resources in accordance with its circumstances and capabilities;

2. Establish strategies and priorities within the framework of the countrys sustainable development plans and policies to combat land degradation and desertification and mitigate the effects if drought;

3. Address the underlying causes of land degradation and desertification and pay special attention to socio-economic processes;

4. Promote public awareness and facilitate the participation of local populations, particularly the women and youth, with the support of non-government organizations;

5. Strengthen existing and enact new laws establishing long-term policies and action programs.

Stockholm Convention on POPs Under the Stockholm Convention, the Philippines is committed to 1) take legal and administrative measures to eliminate the production, use and export and import of chemicals listed in Annex A of the Convention; 2) restrict the production and use of chemicals listed in Annex B of the Convention; 3) ensure that the import and export of Annex A and B chemicals are done only in conditions allowed under the Convention; and 4) prevent the production and use of new pesticides or industrial chemicals which exhibit the characteristics of persistent organic pollutants. Chemicals listed in Annex A are those intended for elimination while

chemicals listed in Annex B are those to be strictly regulated. Parties to the Stockholm Convention also commit to take measures to reduce the total releases of POPs derived from anthropogenic sources of the chemicals listed in Annex C. Annex C chemicals refer to POPs that are formed and released unintentionally from anthropogenic sources and are also known as unintentional chemical by-products. Review of Philippine Compliance with MEA Commitments and Obligations _________________________________ National Legislations and Regulations NIPAS Law

Republic Act 7586 (National Integrated Protected Areas [NIPAS] Law) is the basic Philippine law for in situ conservation under the UNCBD. It calls for the establishment and management of protected areas to conserve the natural heritage. The management of a protected area is achieved through the combined efforts of the national and local governments, peoples organizations and stakeholders groups, as well as non-government organizations as expressed in the Protected Area Management Board (PAMB), which is established per protected area.

A protected area is selected based on

outstanding physical features, anthropological significance, and biological diversity. A protected area covers both wildlife and their natural habitat, on the one hand, and human inhabitants found within its zones, on the other. These include indigenous peoples and tenured migrants. To provide protection and flexibility in the management of protected areas, appropriate management zones are established, from buffer and multiple use zones to strict protection zones were access and resource use, if any, is very limited. Buffer zones serve as additional layers of protection to the core conservation zones of the protected area by enabling communities to engage in sustainable livelihood and economic activities compatible with the allowable resource use as contained in a general management plan implemented by the DENR through the Protected Area Management Board (PAMB).

There are 206 areas comprising the initial

components of the system. These cover an aggregate area of approximately 2.59 million hectares which


include terrestrial and marine areas. There are also 143 proposed additional sites. There are 107 protected areas established by presidential proclamation and 10 by congressional enactment. The ten are the Northern Sierra Madre Natural Park, Batanes Protected Landscape and Seascape, Sagay Protected Landscape and Seascape, Mount Kanlaon Natural Park, and the Mount Kitanglad Natural Park, Mt. Apo Natural Park, Mt. Hamiguitan Wildlife Sanctuary, Mt. Malindang Range Natural Park, Central Cebu Protected Landscape, and the Mt. Mimbilisan Protected Landscape.

The NIPAS Law is largely implemented

under the administrative aegis of the Department of Environment and Natural Resources (DENR) and its Protected Areas and Wildlife Bureau (PAWB). Revised Forestry Code The Philippine Revised Forestry Code or Presidential Decree No. 705 requires that the various beneficial uses of timber, land, soil, water, and wildlife be first evaluated before allowing the utilization and exploitation of forest resources. The law requires that only the utilization, exploitation, occupation or possession of any forest land, or any activity therein, involving one or more of its resources, which will produce the optimum benefits to the development and progress of the country and the public welfare, without impairment or with the least injury to its other resources, shall be allowed. The decree prohibits any person to utilize, exploit, occupy, possess or conduct any activity within any forest land, or establish and operate any wood-processing plant, unless he has been authorized to do so under a license agreement, lease, license, or permit. To attain sustainability, the decree requires that the following shall be reforested and covered with suitable and sufficient vegetation: a) bare or grass-covered tracts of forest lands with at least 50% slope; b) bare or grass-covered tracts of forest lands with less than 50% slope, but with erosion-prone soil; c) brush lands or tracts of forest lands generally covered with brush which need to be developed to increase their productivity; d) open tracts of forest lands with slopes generally exceeding 50% interspersed with patches of forest each of which is less than 250 hectares in area; e) denuded or inadequately timbered areas proclaimed by the President as forest reserves and reservations as critical watersheds, national parks, game refuge, bird sanctuaries, national shrines, and national historic sites; f) inadequately stocked forest lands

within forest concessions; g) portions of areas covered by pasture leases or permits having a slope of at least 50%; and h) river banks, easements, road rights-of-way, deltas, swamps, former river beds, and beaches. Executive Order No. 318 EO 318 was issued on June 9, 2004 to provide guidance to national agencies and instrumentalities on how to best harmonize policy reforms on sustainable forest management. The Order mandated the setting up of the community-based forestry management (CBFM) program as the primary strategy in all forest conservation and development and related activities, including joint ventures, production sharing and co-production. CBFM is intended to be a collaborative undertaking of the national and local governments, local peoples organizations, and the private sector. Like the Revised Forestry Code, EO 318 envisions the management of forest lands to be for the widest public benefit based on inherent productive capacity and sustainable use. National Caves and Cave Resources Management and Protection Act Republic Act No. 9072 or An Act to Manage and Protect Caves and Cave Resources and for other purposes declares it the policy of the state to conserve, protect and manage caves and cave resources as part of the countrys natural wealth. It mandates the DENR to formulate and implement a national program for the management, protection and conservation of caves and cave resources. The Act penalizes any act of destroying or defacing the speleogem or speleothem of any cave, or the gathering, collecting, possessing or selling of any cave resource. IPRA The Indigenous Peoples Rights Act (IPRA) or RA 8371 is the national policy on the recognition of the rights of indigenous peoples to their ancestral domains which are usually found in centers of upland biodiversity in the Philippines. It protects the right of the indigenous communities to exclude outsiders in the exploitation of natural resources found in the ancestral domain or ancestral land, including biological resources. A mechanism of free and prior informed consent should first be adhered to before anyone is allowed access to these resources. Under the IPRA, indigenous communities are considered largely as the ones constituting the


Page 11 of 43

Protected Area Management Board (PAMB) of a protected area if the protected area is wholly covered and found within the ancestral domain claim of the indigenous peoples community. They also automatically become members of the PAMB if the protected area is partially found in their ancestral domain or if they live within the boundaries of the protected area. EO 247on Bioprospecting and Wildlife Resource Conservation and Protection Act

The Philippines is one of the first countries to come up with a policy regulating access to biological and genetic resources. In 1995, Executive Order 247 setting the Guidelines for Bioprospecting was issued. Research and collection of biological resources either for commercial or academic purposes was regulated under this administrative regulation.

Republic Act 9147 or the Wildlife Resource Conservation and Protection Act promotes the conservation of wildlife species and the conservation of their habitats. It also initiates or supports scientific studies on the conservation of biological diversity. It partially amends Executive Order No. 247 on bioprospecting. With the enactment of the Wildlife Act of 2001 (RA 9147), academic research utilizing biological resources is no longer considered bioprospecting. Only those researches made and intended for commercial purposes are considered as bioprospecting.

The years 2002 to 2005 saw significant developments in bioprospecting. The implementing rules of RA 9147 (Joint DENR-DA-PCSD Administrative Order No. 01, Series of 2004 entitled Joint Implementing Rules and Regulations pursuant to RA 9147: An Act Providing for the Conservation and Protection of Wildlife Resources and their Habitats, Appropriating funds therefore and for other purposes) provide separate regulations for purposes of scientific and commercial research.

This is complemented by the Indigenous

Peoples Rights Act or RA 8371 which protects the right of indigenous peoples by giving them control and authority over access to their ancestral domains. The mechanism of free and prior informed consent is set in place before outsiders gain access to resources found within the ancestral domain. The regulations governing bioprospecting further require that benefits derived from the utilization of

biological and genetic resources should be shared fairly and equitably with the community. Executive Order No. 430 on Biosafety This administrative issuance created the National Committee on Biosafety of the Philippines. The first edition of the Philippine Biosafety Guidelines was released in 1991. The guidelines cover all work involving genetic engineering and the importation, introduction, field release, and breeding of organisms that are potentially harmful to people and the environment even though these are not genetically modified. The Philippines signed the Cartagena Protocol on Biosafety in May 2000. In relation to this, the Department of Agriculture issued an administrative order which requires safety test for plant and plant products, whether for field-testing, propagation, or direct use for food, feed or processing. EO 514

EO 514 is entitled Establishing the National Biosafety Framework (NBF), Prescribing Guidelines for Its Implementation, Strengthening the National Committee on Biosafety of the Philippines, and for other Purposes.

The EO which was approved by the President on March 17, 2006 has the following objectives: 1) strengthen the existing science-based determination of biosafety to ensure the safe and responsible use of modern biotechnology so that the Philippines and its citizens can benefit from its application while avoiding or minimizing the risks associated with it; 2) enhance the decision-making system on the application of products of modern biotechnology to make it more efficient, predictable, effective, balanced, culturally appropriate, ethical, transparent and participatory; and 3) serve as guidelines for implementing international obligations on biosafety. Fisheries Code Republic Act No. 8550 or the Fisheries Code of 1998 is more of a Revised Forestry Code rather than a NIPAS Law on fisheries and marine resources. It is developmental in its approach, regarding the regulation of coastal and marine resource utilization as its primary purpose rather than its conservation and protection.


However, since continued untrammeled and open access resource use in municipal and open waters has considerably brought down available fish stocks throughout the years resulting in a consistent decrease of fish harvests, the Code included within its provisions significant control and regulation measures for the conservation and protection of fishery resources and their marine and coastal habitats. These include limiting fishing in municipal waters (from the shore to 15 kilometers of open sea) to small fisherfolk and the creation of marine reserves and fishery sanctuaries to enable fish stocks to recover and propagate undisturbed, which in turn benefit the fishing communities depending on the fishery resources for their livelihood. The establishment of marine sanctuaries under the Fisheries Code contributed significantly to the protection of marine and coastal ecosystems. It states that at least 25% but not more than 40% of bays, foreshore lands, continental shelf or any fishing ground shall be set aside for the cultivation of mangroves to strengthen the habitat and the spawning grounds of fish. Marine sanctuaries are management mechanisms that can effectively protect critical habitats. The Agriculture and Fisheries Modernization Act (Republic Act No. 8435 or AFMA) also sets the establishment of a Network of Protected Areas for Agriculture and Agro-Industrial Development (NPAAAD) which includes mangrove areas and fish sanctuaries. The law also mandates the provision of supplementary livelihood among municipal fisherfolk to reduce the stress on overexploited fishery resources, improve aquaculture productivity, utilize off-shore and deep sea resources, and upgrade post-harvest technology. The Fisheries Code is largely implemented under the executive jurisdiction of the Department of Agriculture and its Bureau of Fisheries and Aquatic Resources (BFAR). Agriculture and Fisheries Modernization Act The Agriculture and Fisheries Modernization Act (AFMA) or Republic Act No. 8435 provides for the delineation of the Strategic Agriculture and Fisheries Development Zones (SAFDZ) within the Network of Protected Areas for Agriculture and Agro-industrial Development (NPAAAD) to ensure that lands are efficiently utilized for food and non-food production and agro-industrialization. The SAFDZ considers production, processing, investment, marketing, human resources, and environmental protection. These

activities are undertaken through participatory planning by the Department of Agriculture in consultation with various government agencies, local government, farmers and fishing organizations, the private sector and local communities. SAFDZ includes lands considered non-negotiable for conversion from agricultural to other uses, such as irrigated lands, irrigable lands already covered by irrigation projects with firm funding commitments, and lands with existing or a potential for growing high value crops. The Balanced Fertilization Strategy Presidential Proclamation 1071 or the Balanced Fertilization Strategy (BSF) was formulated by the Bureau of Soils and Water Management (BSWM) in order to regulate and control to a minimum the massive use of inorganic fertilizers resulting to soil acidity and low soil productivity. It gives emphasis on management of crop residues, farm water recycling and an optimum combination of organic and inorganic fertilizers. Clean Air Act The Philippines enacted Republic Act No. 8749 or the Clean Air Act in 1999. The law recognized the need for a comprehensive and holistic management program against air pollution. The Act imposes a ban on incineration. With due concern on the effects of climate change and consistent with the international commitments of the Philippines, the law also requires the DENR to promote the use of the state-of-the-art, environmentally sound and safe non-burn technologies for the handling, treatment, thermal destruction, utilization and disposal of sorted, unrecycled, uncomposted, biomedical, and hazardous wastes. Furthermore, Section 31 of the Act specifically mandates the DENR to prepare and fully implement a national plan consistent with the UNFCCC on the reduction of greenhouse gas emissions in the country. Ecological Solid Waste Management Act Republic Act No. 9003 or the Ecological Solid Waste Management Act of 2000 adopts a systematic, comprehensive and ecological solid waste management program to strengthen the integration of ecological solid waste management and resource conservation for the protection of the public health and environment through the proper segregation, collection, transport, storage, treatment and disposal of solid waste. It also lays down the


Page 13 of 43

policy for the reduction of methane emission inherent in solid waste treatment and disposal. New and Renewable Energy Program Bill The proposed legislation is entitled An Act to Strengthen the National Program for the Development and Promotion of the Use of Non-Conventional Energy Systems. It is geared towards less dependence on fossil fuels. Government Programs, Projects and Activities on Climate Change In May 1992, the United Nations Framework Convention on Climate Change (UNFCCC) was adopted. Its ultimate objective was the stabilization of greenhouse gas concentration in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate. The Philippine Government signed the UNFCCC in June 1992 and ratified the same on August 2, 1994.

Even before the adoption of the Convention, the Philippine government had already created the Inter-Agency Committee on Climate Change (IACCC) on May 8, 1991 under Administrative Order No. 220. The IACCC, pursuant to said administrative order, is composed of government agencies and NGO representatives chaired by the Secretary of the DENR and co-chaired by the Secretary of the DOST. Under this set-up, the Environmental Management Bureau (EMB) of the DENR serves as the committees secretariat.

In March 1994, the UNFCCC entered into

force, thus starting the international negotiations for setting quantified emission reduction targets of Annex I Parties beyond the year 2000. Annex I Parties include the European Union, the so-called economies in transition located mostly in Eastern Europe including Russia, and other developed nations or members of the OECD.

In December 1997, the UNFCCC held its 3rd

Conference of the Parties in Kyoto, Japan and adopted the Kyoto Protocol, thus starting the international negotiations for establishing operational rules for the Protocol, including the Kyoto Mechanisms. The Philippine Government acceded to the Kyoto Protocol on April 15, 1998 and ratified it on November 20, 2003. In February 2005, the Kyoto Protocol entered into force, thus legally binding developed countries and the economies in transition, otherwise known as the Annex I parties, to a timetable for reducing greenhouse gas

emissions amounting to 5.2% of 1990 levels, starting from 2008 to 2012, being the First Commitment Period. In December 2005, the 11th Conference of the Parties of the UNFCCC, and simultaneously its 1st Meeting of the Parties was held in Montreal, Canada. The 13th Conference of the Parties was held in Bali, Indonesia in November and December, 2007.

On June 25, 2004, the DENR was designated as the National Authority for Clean Development Mechanisms or CDM by virtue of Executive Order No. 320. On February 20, 2007, the Presidential Task Force on Climate Change was created by virtue of Administrative Order No. 171.

The IACCC

The Philippine Inter-Agency Committee on Climate Change was established by virtue of Administrative Order No. 220. Said AO designated the DENR Secretary as the IACCCs Chair with the Secretary of the Department of Science and Technology as co-chair. The EMB of the DENR acts as the Secretariat of the IACCC. The IACCC is composed of fifteen (15) government agencies and NGO representatives.

The functions of the IACCC are to 1)

coordinate, develop and monitor implementation of various climate change related activities; 2) coordinate representation to and formulate Philippine positions in international negotiations, conferences and meetings on climate change; 3) formulate and recommend climate change related policies and actions; and 4) serve as a technical committee for the evaluation of project proposals for Global Environment Fund (GEF) funding.

The IACCC is also tasked to 1) coordinate

efforts on the implementation of commitments and obligations to the UNFCCC; 2) coordinate with relevant organizations and institutions from various sectors on the activities and programs implemented by the EMB/IACCC and other issues and concerns related to climate change; 3) conduct public awareness campaigns and develop information materials on climate change concerns; and 4) conduct and coordinate capacity building activities such as training workshops and orientation seminars.

As the secretariat of the IACCC, the

Environmental Management Bureau of the DENR is tasked to 1) facilitate the preparation of the national communication to the UNFCCC; 2) convene the IACCC; 3) facilitate the conduct of the annual EMB regional greenhouse gas inventories; 4) prepare


Philippine position/s to international conferences and negotiations; 5) participate in local and international conferences and workshops; and 6) prepare project proposals.

One of the more specific tasks of the IACCC

is the preparation of the National Action Plan on Climate Change. The National Action Plan aims at integrating climate change concerns into the governments development plans and programs, develop adaptation response to climate change impacts, design mitigation measures and serves as a framework plan which provides for the specific guidance on mitigation priorities.

Under the IACCC, institutionalization of the

greenhouse gas inventory and public awareness programs was also started in 2001 and continues to the present. Representatives from the EMB regional offices were trained to do the greenhouse gas emissions inventory and regional offices were directed to submit annual GHG inventory to the IACCC Secretariat. ADB Climate Change Project The ADB Climate Change Project was undertaken in 1991. It was conducted to prepare vulnerability studies as well as generate a rapid assessment of the countrys sectors and areas vulnerable to climate change such as agriculture, water resources, and coastal areas. U.S. Country Studies Program The U.S. Country Studies program initiated the 1990 National Emissions Inventory. The program continued through the years and included the 1994 National Greenhouse Gas Inventory. In turn, this 1994 study was updated and incorporated in the Philippines Initial National Communication. The 1994 study also served as a basis for future plans on mitigation and possible CDM opportunities. ALGAS Project A greenhouse gas mitigation assessment project was launched in 1995 under the Asia Least Cost Greenhouse Gas Abatement Strategy (ALGAS). The project was undertaken with GEF funding and implemented by the UNDP and the Asian Development Bank (ADB). The project undertook a comprehensive assessment of the state of greenhouse gas emissions in the Philippines and looked into mitigation options in the agriculture, energy and forestry sectors.

Based on the greenhouse gas emissions inventory of 1990 and projections of GHGs to 2020, mitigation measures were drawn up for three sectors: energy, forestry and agriculture. Mitigation scenarios for the energy sector were drawn up including twelve least cost options. In the agriculture sector, mitigation options included the use of low methane emitting rice cultivators. The Forestry and Land Use Sector Mitigation Assessment under ALGAS generated a number of options such as forests plantations, urban forestry, and sustainable forest management. National Action Plan on Climate Change The project for the drawing up of the Philippine National Action Plan on Climate Change was funded by the USAID and aimed at integrating climate change concerns into the governments development plans and programs. It was also undertaken to enable the Philippines to develop adaptation response to climate change impacts as well as design mitigation measures which are no regrets in character. The National Action Plan served as a framework plan which provides for specific guidance on mitigation priorities. The preparation of the National Action Plan likewise served as an opportunity for awareness-raising and more in-depth discussions among stakeholders on climate mitigation and adaptation. Several regional and national consultations were conducted as well as focused sectoral group discussions and meetings to further level off on the countrys response to the challenge of climate change. The process also raised awareness at the local level, especially among local government officials and NGOs. Consolidation of vulnerability studies earlier conducted was done under the NAP process. The results of some of the studies used for purposes of producing the NAP also provide a picture of the vulnerability of some sectors and ecosystems to climate change. This includes the Vulnerability Assessment on Rice and Corn Production which simulated climate change vulnerability of rice and corn crops in six sites in the Philippines, the vulnerability analysis of the Angat reservoir, which is one of the main sources of drinking water for Metro Manila, Lake Lanao, and Manila Bay. It also proposed adaptation measures on vulnerable ecosystems and resources, like the marine and coastal environment and water resoures.


Page 15 of 43

The prescribed mitigation measures under the NAP are largely recommendatory and merely meant to provide guidance to the concerned government agencies. For the energy, transport and industry sectors, the NAP proposes the following: 1) shift of the energy mix to renewable energy; 2) supply-side and demand-side energy-efficiency improvements; 3) development of mass transport systems; 4) improved fuel and vehicle efficiency; 5) traffic volume reduction; and 6) use of alternative non-CO2 emitting industrial processes. For the agriculture sector, the NAP proposals include the following: 1) use of bio-digesters and urea-molasses mineral block as nutrient supplement in livestock production; 2) use of sulfate fertilizers to reduce methane emissions; 3) use of rice straw, water management and low emitting cultivars; and 4) upgrading of food storage and distribution systems. National Communications The Initial National Communication to the UNFCCC highlighted the 1994 National Greenhouse Gas Emissions and laid down the countrys efforts in response to the objectives of the UNFCCC. It also made a preliminary presentation of the national circumstances vital to climate change vulnerability assessment such as geography, topography, climate and weather, natural resources, demography and health, economy, and energy production and consumption. The National Communication also presented the Philippine Strategy for Sustainable Development, vulnerability assessment, adaptation and mitigation strategies, as well as research, education, training and public awareness efforts.

In the process of preparing this document, a number of training-workshops as well as consultation meetings have been conducted. The document was submitted in December 1999 to the UNFCCC Secretariat. The Philippines is also in the process of preparing its Second National Communication which basically contains updates of the previous contents, particularly the national greenhouse gas emissions, vulnerability assessment and adaptation measures, climate mitigation efforts, and information, training and education efforts. Enabling Activity on Climate Change This project was sponsored by the GEF and aimed to build the capacity of various government agencies in the preparation of the countrys initial

national communication to the UNFCCC. The project likewise facilitated the preparation of the 1994 GHG Emissions Inventory and compliance with the reporting requirements under Art. 12 of the Convention. The project also enabled the conduct of training courses on GHG inventory.

Under the Enabling Activity Project, public consultations continued and expanded. These consultations were intended to raise the awareness level of various sectors on the threats of climate change impacts and the different mitigation and adaptation strategies. A number of training/workshops on Local Action Planning on Climate Change were organized by the Institute for Climate, Energy and the Environment (ICEE) still under the Enabling Activity Project in provinces with the local government officials and other stakeholders as participants. Areas covered were those at high risk from climate change like sea level rise and its subsequent coastal degradation/inundation. The activity aimed not only to create awareness among the various stakeholders in the area but also to provide the necessary guidance in the formulation of local action plans on climate change. Most of the participants were planning officers from the provincial, city, and municipal governments, environment and natural resources officers and representatives from the NGOs, academe and the business sectors. The project was eventually extended to the present with the institutionalization of GHG inventory activities and public awareness-raising. The institutionalization aims at undertaking regular and systematic inventories of national greenhouse gas emissions. This extended project was realized through the conduct of several consultative conferences and trainers training. Climate Awareness Survey A survey on climate awareness among the various sectors was conducted in 1998 by the IACCC Secretariat in collaboration with the United Nations Environment Programme (UNEP). The main aim of the survey was to assess the levels of awareness of leaders/representatives of various sectors of society which include the business sector, government, media, NGOs and the academe. The results of the survey were used to develop a country program that would address the gaps and constraints in raising peoples awareness on climate change.


GHG Abatement Awards With the assistance of the USAID and US-EPA, the awards program was launched in 1998 and intended to give recognition to companies that voluntarily reduce GHG emissions through activities such as energy efficiency. Called the Buhay Awards, the first awards were given on December 1998. The awards seek to promote the concept of voluntary energy efficiency and other greenhouse gas abatement measures that are beneficial both to business and the environment. It also aims to promote increased investments in greenhouse gas abatement technologies such as clean technologies and renewable energy. There were about fifteen recipients of the Buhay Awards in 1998. These were companies from various industrial sectors that have initiated successful efforts to achieve energy efficiency. National Environmental Educational Action Plan (NEEAP) Originally conceived as the National Strategy for Environmental Education (NSEE), the NEEAP was undertaken by the EMB as an information dissemination and education activity which involved the publication and dissemination of poster calendars on climate change and global warming, the setting up of exhibits, and the conduct of symposia, focused group consultations and workshops. The latter were attended by representatives from the government, NGOs, the private sector and the academe. Capacity-Building for Clean Development Mechanism (CDM)

The guiding principles in the

implementation of the Clean Development Mechanism under the Kyoto Protocol are the following: 1) states have the right to and should promote sustainable development and adopt policies and measures appropriate to conditions of the State to this effect; 2) economic development is essential to adopting measures to address climate change; 3) the CDM process shall be transparent, participatory, credible, efficient and effective; and 4) the CDM should be responsive to the needs and demands of project proponents, the government and various stakeholders who should be updated regularly to meet evolving international CDM guidelines and recent developments in national policies, laws, rules and regulations.

A Study on Capacity Development on the

Clean Development Mechanism was funded by the

UNDP to generate local awareness and understanding of the CDM. The study provided background information on priorities and opportunities for CDM cooperation in the Philippines and examined the existing policy, program and legal framework as well as the project development and implementation processes.

Capacity Development for the

Implementation of the Clean Development Mechanism Provision of the Kyoto Protocol was also executed under the UNEP-RISO and implemented by the IACCC through the Climate Change Information Center (CCIC). This project aims to generate a multi-sectoral understanding of the opportunities offered by the CDM and to develop the necessary institutional and human capabilities to allow formulation and implementation of CDM projects. It also generally aims to help establish greenhouse gas emissions reduction projects that are consistent with sustainable development goals, particularly projects in the energy sector. At the same time, the project intends to capacitate key stakeholders in the CDM regime such as policymakers, project developers, project financiers, the academe, research institutions, investment promoters, information disseminators, NGOs and local communities.

The activities conducted under this project

included an information campaign and the production of awareness-raising information materials. These included public briefings, roundtable discussions, and feature articles in national newspapers and magazines. These activities also involved the conduct of consultative workshops, conferences and orientation seminars among different stakeholders and sectors to enhance understanding of the issues on climate change in preparation for the ratification of the Kyoto Protocol. At the same time, the program also involved the capacity-enhancement of policy makers by conducting executive briefings and conducting technical training courses.

In collaboration with the Institute for Global

Environmental Strategies (IGES Japan), the Integrated Capacity Strengthening for CDM Program was also initiated. The program aims to enhance institutional and human capacity among developing countries in Asia to fully engage in and benefit from the CDM.

The Study on Capacity-Building to Promote

CDM Projects in the Philippines was also made in collaboration with JICA. The study involved 1) assistance in sustainable development through the


Page 17 of 43

formulation of CDM promotion measures; 2) establishment of a helpdesk; 3) establishment of a clearinghouse; 4) implementation of workshops at the local level; and 5) formulation of recommendations for CDM promotion.

Designated National Authority for CDM On June 25, 2004, the DENR was designated as the National Authority for Clean Development Mechanisms or CDM by virtue of Executive Order No. 320. Rules and regulations implementing the DENRs authority under this EO were formulated including the implementing rules and regulations for the CDM National Approval Process. The mandate also involved the creation of the national authoritys support systems such as the CDM Steering Committee and Technical Evaluation Committees for energy-related, waste management, land use, and forestry project activities. One of the basic policies of the DENR as the designated national authority for CDM in the Philippines is to prioritize the facilitation and promotion of CDM project activities that 1) contribute to the UNFCCC objective of stabilization of GHG concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system; 2) lead to the transfer of environmentally safe and sound technology and know-how; 3) contribute to the conservation of biological diversity and sustainable use of natural resources; 4) comply with all other pertinent laws and regulations; 5) provide measures to alleviate poverty. Under EO 320, the DENR Secretary at the top shall take charge over the CDM Steering Committee composed of a DENR undersecretary and alternate as chair and representatives from the Department of Energy, Department of Science and Technology, the private sector, and non-government organizations, as members. The Environmental Management Bureau shall act as the CDM Secretariat. The CDM Steering Committee shall likewise be assisted by technical evaluation committees for energy-related (DOE), afforestation and reforestation (Forest Management Bureau [FMB]-DENR), and waste management (EMB-DENR) project activities.

As the national authority charged with the screening and approval of CDM projects, the DENR developed a national approval criteria which requires that Philippine project proponents must possess the legal capacity to participate in the proposed CDM project activity. In order to assure this, authorization is required in order to open accounts in the CDM registry. At the same time, the proposed project activity must assist the Philippines in achieving sustainable development. Under the approval process, project activities are considered as either small scale or non-small scale. Small scale projects are those as defined in Decisions of the UNFCCC Conference of the Parties (COP) and Meeting of the Parties (MOP) as 1) expected to result in net anthropogenic GHG removals by sinks of less than 8 kilotonnes of CO2/year and are developed or implemented by low-income communities and individuals; 2) renewable energy project activities with a maximum output capacity equivalent of up to 15 megawatts (or an appropriate equivalent); 3) energy improvement project activities which reduce energy consumption, on the supply and/or demand side, by up to the equivalent of 15 gigawatt hours per year; and 4) other project activities that both reduce anthropogenic emissions by sources and directly emit less than 15 kilotonnes of CO2 annually. Any project activity not falling within the definition of small scale projects is considered non-small scale. Under the CDM approval process, a project proponent submits a project proposal which is evaluated by the appropriate technical evaluation committee. The evaluation is thereafter forwarded to the CDM Steering Committee which in turn endorses the project to the DENR Secretary for his approval. The whole project application process is monitored, in turn, by the CDM Secretariat. CDM Project Activities As of August 27, 2007, there were forty-eight waste management/waste-to-energy energy-related project activities that applied for approval as CDM projects with an estimated total of 1,835,275 CERs per year (tCO2e/year). Twenty-seven project activities were issued Letters of Approval amounting to 973,608 CERs while eleven were registered as CDM project activities with a total estimate of 349,518 CERs.


The following are the eleven registered CDM project activities:

Date Registered Title of Project Location

Estimated CERs/year (in tCO2e)

1. 09/10/2006 Northwind Bangui Bay Project Bangui, Ilocos Norte 56,7882. 01/01/2006 Wastewater Treatment Using a Thermophilic Anaerobic Digestor at an Ethanol Plant Lian, Batangas 95,8963. 10/21/2006 Gold Farms Livestocks Corporation Tarlac City 2,929 Methane Recovery and Electricity Generation 4. 10/23/2006 Joliza Farms Inc. Methane Recovery Sta. Maria, Bulacan 3,6565. 10/28/2006 Uni-Rich Agro-Industrial Corporation Tarlac City 2,929 Methane Recovery and Electricity Generation 6. 10/30/2006 Gaya Lim Farm Inc. Methane Recovery Tarlac City 3,1307. 12/10/2006 20 MW Nasulo Geothermal Plant Valencia, Negros Oriental 81,0098. Paramount Integrated Corporation Pearanda, Nueva Ecija 7,582 01/31/2007 Methane Recovery and Electricity 9. 04/13/2007 San Carlos Renewable Energy Project San Carlos City, Negros Occ. 37,60810. 05/05/2007 Philippine Sinter Corporation's Sinter Cooler Phividec Industrial Estate, 54,643 Waste Heat Recovery Villanueva, Misamis Oriental 11. 10/26/2007 D & C Concepcion Farms, Inc. Methane Recovery and

Electricity Generation Project Brgy. Patag, Municipality of Opol, Misamis Oriental

3,348

TOTAL 349,518

To date, more than 1.5 million tons per year of emission reduction credits have been registered by the Philippines coming from 27 projects. At current value of US$12 per ton of carbon dioxide, the credits are worth US$18 million.

Energy Projects Some of the Philippines policies and strategies on the abatement of its greenhouse gas emissions are contained in the Philippine Energy Plan (PEP), 1999-2008. The plans objectives are 1) security of energy supply, which aims to avoid energy supply disruptions; 2) affordable and reasonable prices ensuring energy supply at lowest cost; and 3) socially and environmentally compatible energy infrastructures and projects, which is the provision of cleaner energy, taking into consideration benefits for the host communities. Under the plan, new and renewable energy sources are envisioned to contribute to the countrys power requirements. Total new and renewable (NRE) installed capacity by the end of 2008 is expected to be around 410 megawatts. These include power produced from biomass, municipal waste, solar, and wind. The incremental contribution of the NRE sector was expected to be brought about by the passage of policies and legislation like the Non-Conventional Energy Bill which addresses some of the barriers in the

promotion and implementation of NRE measures and projects. The Department of Energy (DOE) continues to promote the commercialization of renewable energy technologies through such initiatives as the Decentralized Energy System (DES) which has established lending mechanisms to support the establishment of NRE networks like the Philippine Solar Energy Society (PSES), Biomass Energy Association of the Philippin

report on philippine compliance to meas

Documents