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Recommendations and guidelines for the economic development of Africa
(Les procedures d'information et de consultation) ne se poursuivent pas au-del~ d'un d61ai raisonnable et n'entravent pas les activit6s ou les projets sur lesquels portent ces procedures. Effet suspensif En elles-m#mes les proc6dures d'informarion et de consultation ne comportent pas d'effet suspensif. Elias se diff~rencient ce propos des n6gociations et des proc6dures contraignantes de rCglement des diff6rends qui pourraient conduire dans certains cas ~ une interruption de la r6alisation du projet. Pour permettre de mieux pr(~venir les difficult~s, il apparaltra souvent avantageux aux pays concern~s de mettre en oeuvre les procedures d'information et de consultation le plus t~t possible.
Autres effets Le recours aux procedures d'information et de consultation avant l'ex6cution d'une activit~ ou mesure, n'autorise pas pour autant le pays d'origine ~ causer des dommages par pollution transfronti~re en exc~s de ce qui est acceptable en droit international.
8. Consentement pr6alable/Veto L'information et la consultation doivent respecter la souverainet# et les int6r~ts 16gitimes des pays entre lesquets elias interviennent. Elias seraient totalement d~tourn6es de leur objet si elias aboutissaient ~ faire d~pendre du consentement pr~alable* du ou des pays expos6s, la d6cision d'entreprendre une activit~ ou mesure susceptible de cr6er un risque sensible de pollution transfronti~re. Contrairement ~ ce qui se passe en cas d'ouverture de n6gociations, r6serv6es aux probl~mes graves et difficiles, la consultation n'implique pas une solution mutuellement acceptable. [] *Sur I'absence de "veto", veir le document C(77)28 oQ il est pr6cis6: "il faut rappeler ici que, conform~ment ~ la pratique et & la jurisprudence (affaire du Lac Lanoux), quand ella est p r ~ u e dans un texte, I'obligation de consultation ne constitue pas une obligation d'aboutir & une solution n6goci~e. Ella signifie seulement I'interdiction pour un Etat d'entreprendre unilat6ralement une action sans en avoir fait part ~ I'Etat susceptible d'en etre affect6 (PaYs expos6), afin de recueillir son avis et ses suggestions et de tenter de conciliar leurs int~r~.ts r6ciproques". (Public dans Aspects juridiques de la pollution transfronti6re, OCDE, 1977). [] Gazelles in the Tanzanian National Park.
44
ECA RECOMMENDATIONS AND GUIDELINES FOR THE ECONOMIC DEVELOPMENT OF AFRICA Recommended by the ECA Conference of Ministers Responsible for Economic Development at its 6th Meeting Held in Addis Ababa, 9--12 April 1980" IX. Environment and Development 292. The main recommendations to promote environmentally sound socio-economic development in the Plan of Action for Africa in the context of the Monrovia Strategy for the 1980-1990 Development Decade are summarized below: (a) African Governments must identify priority areas of environmental concern within their countries for concerted effort to combat environmental problems; (b) The Plan of Action at the national levels should incorporate the development of policies, strategies, institutions and programmes for the protection of the environment; (c) Regionalco-operation in tackling environmental problems with transboundary effects is recommended and member States must also seek international support, advice and financial resources to implementation on environmental assessment and management. 293. The priority areas of environmental concern requiring immediate action in Africa are as follows: (a) Environmental sanitation and health and safe drinking water supply. Action is required to utilize urban wastes for the production of biogas to save energy and the conversion of garbage into manure; the combatting of waterborne diseases; the control of water pollution from agricultural and industrial effluents for the provision of safe drinking water and removal of contaminants from food and drugs; (b) Deforestation and soil degradation. Preventive action must be taken to convince local farmers to incorporate agrisilvicultural practice in shifting cultivation t o ease the pressure on firewood and charcoal production as energy sources; other alternative actions required involve creation of wood lots around urban centres as fuel for cooking, and the use of *To the first Economic Summit of the Assembly of Heads of State and Government of the Organization of African Unity, Lagos, Nigeria, 28 and 19 April 1980.
other energy sources such as biogas, solar and wind; (c) Desertification and drought. Promotion of re-afforestation programmes with native trees and adaptable exotic species as wind breaks, indigenous grasses for soil stabilization, exploitation of underground water for irrigation; maintenance of carrying capacity of the arid lands, establishment of meteorological and hydrological monitoring stations, enforcement of strict land management; (d) Marine pollution and conservation o f marine resources. Pollution control from landbased industrial wastes and oil from shipping; stricter control of fish exploitation in the economic zone by foreign transnationals; (e) Human settlements. Better planning of towns and villages for space allocation of facilities, proper ventilation of houses and construction of low-cost dwellings using local materials; creation of rural development projects using appropriate technology to ease ruralurban population migration; (f) Mining. Establishment of programmes to rehabilitate mined-out sites by removing earth tailings, filling up ponds to eradicate water-borne diseasesand control of toxic heavy metal poisoning in crops grown in certain mined-out soils; (g) Air pollution control Establishment of stations for monitoring air pollutants from factories, automobiles and electrical generators using coal; control of the importation of pollutive industries (cement, oil refineries, tanneries), maintenance of pollution standards for environmental quality, and noise control; (h) Environmental education and training, legislation, and information. Creation of national programmes in environmental education to develop environmental consciousness in the population; improvement of legislation and law enforcement to protect the environment; and collection and dissemination of environmental data to monitor the state of the environment in Africa. 294. A t the national level, the Plan of Action requires Governments to define realistic policy options, strategies and programming for the incorporation of environmental considerations in development planning. For institution building, a national co-ordinating machinery to monitor environmental problems for action, develop environmental education and training programmes and advise on environmental legislation, should be set up in each African country. The work of the secretariat can be supported by a national environmental committee to advise Governments on policies, on national standards and norms for environmental quality, on the formulation and implementation of national programmes to combat priority environmental problems and to liaise with international organizations on environmental matters. 295. Regional and subregional co-operation should be strengthened by the establishment of an intergovernmental committee on environmental matters, supported by its technical group of experts, as a sectoral subsidiary body of the regional commission (ECA). Such a body can examine the regional environment programme order of priorities for action in the region and subregional MULPOCs, and seek financial resources for the implementation of the agreed action plan, especially to combat transboundary environmental problems.
E n v i r o n m e n t a l P o l i c y and Law, 7 (1981)
296. The Action Plan requests member States to co-operate with international organizations dealing with environmental matters and the industrialized countries for technical assistance in tackling priority environmental problems. International co-operation is also required in the provision of educational softwares on the environment, training facilities, scientific equipment to establish environmental monitoring centres, development of environmental protection legislation and data bank storage/ retrieval of environmental information f o r countries within the region. []
ICC REVISION OF ENVIRONMENTAL G U I D E L I N E S FOR W O R L D I N D U S TRY Extracts from the revised text of the first draft revised guidelines, Document No, 210-22/2, (ICC*).
II.
Guidelines
for
Industrial
14. Each company should promote among its employees an individual sense of environmental responsibility and should educate and encourage employees at all levels to be alert to potential sources of pollution and to conservation within their operations. 15. industry should support research into the causes and effects of pollution on ecological systems and on public health. To this end, it should carry out its appropriate share of environmental research into the means and results of pollution control, and should, whenever feasible, participate in governmental and other programmes f o r basic and applied research. This research should not only be directed to the abatement of pollution, but also to its prevention, for example to research and development of low-waste technologies. Industry should also promote, whenever feasible, coordination of environmental re-
22. Environmental legislation/regulations should be so devised as not to distort international trade relationships and not to create new non tariff barriers. Mechanisms should be created f o r international consultations to deal with any trade distortions associated with environmental measures. In this respect, industry supports the negotiation by governments of international conventions and harmonization of legislation in the environmental field. 23. Environmental measures affecting imported products should be applied in accordance with the principle of national treatment (Le. identical treatment f o r imported products and similar domestic products) and with the principle of non-discrimination (Le. identical treatment for imported products regardless of their national origin).
search on a sectoral basis, nationally and internationally. 16. Industry should develop, through its association channels and among individual companies the exchange of technical information on pollution abatement and conservation methods, subject to commercial confidentiality, proprietary rights and patent protection, where applicable. 17. In the absence of and without awaiting for legislation, industry should take independent action to achieve environmental improvement within reasonable economic bounds.
24. Any regulatory approach should be based not on the specification of technologies and the composition of materials to be used but on the establishment o f environmental objectives which permit technological flexibility in reaching the desired goal. 25. industry should be given adequate notice of any intended change in environmental policies, objectives or regulations which might affect its operations so that it can adapt to these changes in a reasonable period and at reasonable cost. 26. When siting and designing its installations, industry should be prepared to provide information on steps which it is taking to meet local environmental conditions and safety requirements. In any public debate on issues such as siting, industry should be given a fair opportunity to state its case. No efforts should be spared to reach solutions mutually acceptable to industry and the relevant authorities. 27. industry and public authorities should jointly work out contingency plans to deal with pollution emergencies and accidents. To this effect industry should inform the relevant authorities about the hazards of its operations, to enable them to act quickly and properly.
Operations
8. In the environmental context as in others, industry being an integral part of the community, should seek always to operate as a responsible member of that community. Therefore, industry should take all reasonable precautions that its operations and products do not cause damage to man's health, property, amenities and the environment. Should adverse situations arise, every step should be taken to rectify them. 9. Industry should take full account of the special need f o r better management of non renewable resources, including energy, given the inter-relationship between environmental considerations and resource availability. 10. Industry has its particular environmental responsibilities in terms of such factors as r@source management and long range planning; plant location and facilities design; product and process selection and design; pollution and noise controls; occupational health aspects and co-operation with public authorities at all levels in support of good environmental quality. 11. In designing new plants and extensions to existing plants, industry should anticipate the environmental consequences of its operations and seek to forestall pollution by applying the most appropriate pollution abatement measures, technically proven, economically acceptable and consistent with local requirements. This includes the possible impact on landscape and the possibility of having to reclaim the site. Such an approach will prove less costly in most cases than restoration and compensation. 12. Industry should seek to minimize the possibilities of pollution by regularly reviewing its production processes and its procedures for handling of materials. To the extent possible, special attention should be given to limiting the use of non renewable resources; maximizing the recycling of wastes and developing new and cleaner technologies. 13. In the design of its installations and in the operation of its processes, industry should pay full attention to the protection of the working environment. Furthermore, industry should provide advice to its customers on conservation, reuse and recycling, as well as information on ways of handling, transporting, using and disposing of its products which will avoid foreseeable environmental hazards. *International Chamber of Commerce, Paris.
Environmental Policy and Law, 7 (1981)
III. Guidelines for Relationships between Industry and Public Authorities 18. The wide range and complexity of problems raised by environmental protection measures calls for the closest possible contact and consultation between industry and government, nationally and internationally, in the search for appropriate solutions, including the legislative framework for achieving the purpose. 19. Industry supports legislation to achieve environmental improvement which takes into account the regenerative capacity of the environment relevant socio-economic factors and local requirements and which is based on a sound appreciation of technological possibilities as also on recognition of the limited availability of non-renewable natural resources (eg. fossil energy and minerals). 20. Industry has a responsibility to provide public authorities with information about emissions, effluents, wastes and other nuisances. 21. No environmental objectives should be set without an adequate scientific basis. Industry should, where appropriate, provide public authorities with available scientific information.
IV. Guidelines for Industry~Society Relationships 28. Industry should inform the public at large about the environmental consequences of its operations, products and new developments. 29. Public discussion of environmental problems should be promoted in a balanced and informed manner in order, among other things, to place in proper perspective the comparative significance of industrial and nen-industrial sources of pollution. [] 45
Autres effets Le recours aux procedures d'information et de consultation avant l'ex6cution d'une activit~ ou mesure, n'autorise pas pour autant le pays d'origine ~ causer des dommages par pollution transfronti~re en exc~s de ce qui est acceptable en droit international.
8. Consentement pr6alable/Veto L'information et la consultation doivent respecter la souverainet# et les int6r~ts 16gitimes des pays entre lesquets elias interviennent. Elias seraient totalement d~tourn6es de leur objet si elias aboutissaient ~ faire d~pendre du consentement pr~alable* du ou des pays expos6s, la d6cision d'entreprendre une activit~ ou mesure susceptible de cr6er un risque sensible de pollution transfronti~re. Contrairement ~ ce qui se passe en cas d'ouverture de n6gociations, r6serv6es aux probl~mes graves et difficiles, la consultation n'implique pas une solution mutuellement acceptable. [] *Sur I'absence de "veto", veir le document C(77)28 oQ il est pr6cis6: "il faut rappeler ici que, conform~ment ~ la pratique et & la jurisprudence (affaire du Lac Lanoux), quand ella est p r ~ u e dans un texte, I'obligation de consultation ne constitue pas une obligation d'aboutir & une solution n6goci~e. Ella signifie seulement I'interdiction pour un Etat d'entreprendre unilat6ralement une action sans en avoir fait part ~ I'Etat susceptible d'en etre affect6 (PaYs expos6), afin de recueillir son avis et ses suggestions et de tenter de conciliar leurs int~r~.ts r6ciproques". (Public dans Aspects juridiques de la pollution transfronti6re, OCDE, 1977). [] Gazelles in the Tanzanian National Park.
44
ECA RECOMMENDATIONS AND GUIDELINES FOR THE ECONOMIC DEVELOPMENT OF AFRICA Recommended by the ECA Conference of Ministers Responsible for Economic Development at its 6th Meeting Held in Addis Ababa, 9--12 April 1980" IX. Environment and Development 292. The main recommendations to promote environmentally sound socio-economic development in the Plan of Action for Africa in the context of the Monrovia Strategy for the 1980-1990 Development Decade are summarized below: (a) African Governments must identify priority areas of environmental concern within their countries for concerted effort to combat environmental problems; (b) The Plan of Action at the national levels should incorporate the development of policies, strategies, institutions and programmes for the protection of the environment; (c) Regionalco-operation in tackling environmental problems with transboundary effects is recommended and member States must also seek international support, advice and financial resources to implementation on environmental assessment and management. 293. The priority areas of environmental concern requiring immediate action in Africa are as follows: (a) Environmental sanitation and health and safe drinking water supply. Action is required to utilize urban wastes for the production of biogas to save energy and the conversion of garbage into manure; the combatting of waterborne diseases; the control of water pollution from agricultural and industrial effluents for the provision of safe drinking water and removal of contaminants from food and drugs; (b) Deforestation and soil degradation. Preventive action must be taken to convince local farmers to incorporate agrisilvicultural practice in shifting cultivation t o ease the pressure on firewood and charcoal production as energy sources; other alternative actions required involve creation of wood lots around urban centres as fuel for cooking, and the use of *To the first Economic Summit of the Assembly of Heads of State and Government of the Organization of African Unity, Lagos, Nigeria, 28 and 19 April 1980.
other energy sources such as biogas, solar and wind; (c) Desertification and drought. Promotion of re-afforestation programmes with native trees and adaptable exotic species as wind breaks, indigenous grasses for soil stabilization, exploitation of underground water for irrigation; maintenance of carrying capacity of the arid lands, establishment of meteorological and hydrological monitoring stations, enforcement of strict land management; (d) Marine pollution and conservation o f marine resources. Pollution control from landbased industrial wastes and oil from shipping; stricter control of fish exploitation in the economic zone by foreign transnationals; (e) Human settlements. Better planning of towns and villages for space allocation of facilities, proper ventilation of houses and construction of low-cost dwellings using local materials; creation of rural development projects using appropriate technology to ease ruralurban population migration; (f) Mining. Establishment of programmes to rehabilitate mined-out sites by removing earth tailings, filling up ponds to eradicate water-borne diseasesand control of toxic heavy metal poisoning in crops grown in certain mined-out soils; (g) Air pollution control Establishment of stations for monitoring air pollutants from factories, automobiles and electrical generators using coal; control of the importation of pollutive industries (cement, oil refineries, tanneries), maintenance of pollution standards for environmental quality, and noise control; (h) Environmental education and training, legislation, and information. Creation of national programmes in environmental education to develop environmental consciousness in the population; improvement of legislation and law enforcement to protect the environment; and collection and dissemination of environmental data to monitor the state of the environment in Africa. 294. A t the national level, the Plan of Action requires Governments to define realistic policy options, strategies and programming for the incorporation of environmental considerations in development planning. For institution building, a national co-ordinating machinery to monitor environmental problems for action, develop environmental education and training programmes and advise on environmental legislation, should be set up in each African country. The work of the secretariat can be supported by a national environmental committee to advise Governments on policies, on national standards and norms for environmental quality, on the formulation and implementation of national programmes to combat priority environmental problems and to liaise with international organizations on environmental matters. 295. Regional and subregional co-operation should be strengthened by the establishment of an intergovernmental committee on environmental matters, supported by its technical group of experts, as a sectoral subsidiary body of the regional commission (ECA). Such a body can examine the regional environment programme order of priorities for action in the region and subregional MULPOCs, and seek financial resources for the implementation of the agreed action plan, especially to combat transboundary environmental problems.
E n v i r o n m e n t a l P o l i c y and Law, 7 (1981)
296. The Action Plan requests member States to co-operate with international organizations dealing with environmental matters and the industrialized countries for technical assistance in tackling priority environmental problems. International co-operation is also required in the provision of educational softwares on the environment, training facilities, scientific equipment to establish environmental monitoring centres, development of environmental protection legislation and data bank storage/ retrieval of environmental information f o r countries within the region. []
ICC REVISION OF ENVIRONMENTAL G U I D E L I N E S FOR W O R L D I N D U S TRY Extracts from the revised text of the first draft revised guidelines, Document No, 210-22/2, (ICC*).
II.
Guidelines
for
Industrial
14. Each company should promote among its employees an individual sense of environmental responsibility and should educate and encourage employees at all levels to be alert to potential sources of pollution and to conservation within their operations. 15. industry should support research into the causes and effects of pollution on ecological systems and on public health. To this end, it should carry out its appropriate share of environmental research into the means and results of pollution control, and should, whenever feasible, participate in governmental and other programmes f o r basic and applied research. This research should not only be directed to the abatement of pollution, but also to its prevention, for example to research and development of low-waste technologies. Industry should also promote, whenever feasible, coordination of environmental re-
22. Environmental legislation/regulations should be so devised as not to distort international trade relationships and not to create new non tariff barriers. Mechanisms should be created f o r international consultations to deal with any trade distortions associated with environmental measures. In this respect, industry supports the negotiation by governments of international conventions and harmonization of legislation in the environmental field. 23. Environmental measures affecting imported products should be applied in accordance with the principle of national treatment (Le. identical treatment f o r imported products and similar domestic products) and with the principle of non-discrimination (Le. identical treatment for imported products regardless of their national origin).
search on a sectoral basis, nationally and internationally. 16. Industry should develop, through its association channels and among individual companies the exchange of technical information on pollution abatement and conservation methods, subject to commercial confidentiality, proprietary rights and patent protection, where applicable. 17. In the absence of and without awaiting for legislation, industry should take independent action to achieve environmental improvement within reasonable economic bounds.
24. Any regulatory approach should be based not on the specification of technologies and the composition of materials to be used but on the establishment o f environmental objectives which permit technological flexibility in reaching the desired goal. 25. industry should be given adequate notice of any intended change in environmental policies, objectives or regulations which might affect its operations so that it can adapt to these changes in a reasonable period and at reasonable cost. 26. When siting and designing its installations, industry should be prepared to provide information on steps which it is taking to meet local environmental conditions and safety requirements. In any public debate on issues such as siting, industry should be given a fair opportunity to state its case. No efforts should be spared to reach solutions mutually acceptable to industry and the relevant authorities. 27. industry and public authorities should jointly work out contingency plans to deal with pollution emergencies and accidents. To this effect industry should inform the relevant authorities about the hazards of its operations, to enable them to act quickly and properly.
Operations
8. In the environmental context as in others, industry being an integral part of the community, should seek always to operate as a responsible member of that community. Therefore, industry should take all reasonable precautions that its operations and products do not cause damage to man's health, property, amenities and the environment. Should adverse situations arise, every step should be taken to rectify them. 9. Industry should take full account of the special need f o r better management of non renewable resources, including energy, given the inter-relationship between environmental considerations and resource availability. 10. Industry has its particular environmental responsibilities in terms of such factors as r@source management and long range planning; plant location and facilities design; product and process selection and design; pollution and noise controls; occupational health aspects and co-operation with public authorities at all levels in support of good environmental quality. 11. In designing new plants and extensions to existing plants, industry should anticipate the environmental consequences of its operations and seek to forestall pollution by applying the most appropriate pollution abatement measures, technically proven, economically acceptable and consistent with local requirements. This includes the possible impact on landscape and the possibility of having to reclaim the site. Such an approach will prove less costly in most cases than restoration and compensation. 12. Industry should seek to minimize the possibilities of pollution by regularly reviewing its production processes and its procedures for handling of materials. To the extent possible, special attention should be given to limiting the use of non renewable resources; maximizing the recycling of wastes and developing new and cleaner technologies. 13. In the design of its installations and in the operation of its processes, industry should pay full attention to the protection of the working environment. Furthermore, industry should provide advice to its customers on conservation, reuse and recycling, as well as information on ways of handling, transporting, using and disposing of its products which will avoid foreseeable environmental hazards. *International Chamber of Commerce, Paris.
Environmental Policy and Law, 7 (1981)
III. Guidelines for Relationships between Industry and Public Authorities 18. The wide range and complexity of problems raised by environmental protection measures calls for the closest possible contact and consultation between industry and government, nationally and internationally, in the search for appropriate solutions, including the legislative framework for achieving the purpose. 19. Industry supports legislation to achieve environmental improvement which takes into account the regenerative capacity of the environment relevant socio-economic factors and local requirements and which is based on a sound appreciation of technological possibilities as also on recognition of the limited availability of non-renewable natural resources (eg. fossil energy and minerals). 20. Industry has a responsibility to provide public authorities with information about emissions, effluents, wastes and other nuisances. 21. No environmental objectives should be set without an adequate scientific basis. Industry should, where appropriate, provide public authorities with available scientific information.
IV. Guidelines for Industry~Society Relationships 28. Industry should inform the public at large about the environmental consequences of its operations, products and new developments. 29. Public discussion of environmental problems should be promoted in a balanced and informed manner in order, among other things, to place in proper perspective the comparative significance of industrial and nen-industrial sources of pollution. [] 45