Dakar ministerial conference on environment and development

Conference

reports

Ruffolo. Minister for the Environment, Italy; and Robert Krieps, Minister of Environment, Duchy of Luxembourg. The conference examined different sources of pollution and international experts presented a series of papers on different sources of marine pollution: Professor Tullio Scovazzi of the University of Parma, on vessel source pollution; Nils Peter Wedege, Assistant Director of the Norwegian State Pollution Control Authority, on offshore pollution and Professor Robert Clark of the University of Newcastle-upon-Tyne, on land-based pollution, dumping and atmospheric pollution. The conference then sought to establish the precise degree of threat to the world’s oceans in general and special areas in particular. Dr Mario Ruivo, and Dr Gunnar Kullenberg (Secretary and Senior Assistant Secretary, respectively, of the Intergovernmental Oceanographic Commission of UNESCO, presented a paper on the health of oceans; Commander Preben Stamp of the Ministry of Environment, Denmark. examined different definitions of ‘marine pollution’. while Jean Marie Massin of the Ministry of the Environment, France, spoke on the effects of marine pollution. The role of the European Commission in combating marine pollution was analysed in a paper written by Commissioner Stanley Clinton Davies, while Aldo Manos, Coordinator of the Mediterranean Action Programme of UNEP discussed UNEP’s role in developing regional rules on marine pollution. Legal regulation of marine pollution was further analysed at the global level, including the role of the United Nations Covention of the Law of the Sea (in a paper by Professor Alexander Yankov, former Chairman of Committee 111 of UNLOSC) and of IMO (in a video presentation by the Secretary General, Chandrika Srivastava). Loopholes in global, regional and national legal rules on marine pollution control were identified, including the acute problem of ratification and enforcement in a paper by Dr Lothar Gundling of Max Planck Institute,

166

FRG. In particular, a session was devoted to the role which nongovernmental organizations could play in assisting governments and intergovernmental agencies to develop and enforce appropriate rules (paper by Clifton Curtis, President of the Oceanic Society, Washington, DC). The conference examined the problem of compensation for pollution damage, led by a presentation by M. Jacobsson, the Director of the IOPC Fund. Finally, the Senegalese Minister for the Protection of Nature, and a Vice President of ACOPS, Cheikh Cissokho, presented a paper on the special problems which the Third World countries face in combating marine pollution, with special emphasis on the need to develop contingency plans, and to ensure the carrying out of environment impact assessment studies. During the conference, ACOPS made available to delegates a series of information documents and discussion papers, which dealt with specific tech-

nical and legal issues, making proposals to relevant global and regional intergovernmental agencies. For cxample, in his speech to the conference, the Secretary General of IMO advocated wider acceptance of MARPOL 73/78 and its optional annexes; provision of adequate reception facilities; technical assistance to Third World countries; and the need for inspection to improve implementation and to encourage ratification. All these recommendations had already been incorporated in ACOPS’s information documents which are available at request to IMO delegates. During 1988, some of the documents will be forwarded to appropriate IMO Committees for consideration and any action which they think fitting. The conference concluded its work by passing a recommendation in broad terms which referred to the information and discussion papers. Proceedings of the conference will be published in due course. Viktor Sebek ACOPS, London, UK

Environment and development Dakar Ministerial Conference Senegal, 14- 15 January 1988

on

Environment

The Ministers and representatives of the African and European States, the Commission of the European Community and the United Nations Environment Programme met in Dakar on 14-15 January 1988 at the EuroAfrican ‘Environment - Developheld in the ment’ conference, framework of the European Year of the Environment. The ministerial conference was preceded by a two-day meeting of experts from the north and south.’ The meeting was hosted by Cheikh Cissokho, Minister for the Protection of Nature of Senegal and Vice President of the Advisory Committee on Pollution of the Sea (ACOPS). Two principal subjects were highlighted at the conference; first, deser-

and

Development,

Dakar,

tification. and second the protection of coastal and marine environments as factors of sustainable development. Technical experts, representatives and ministers held their deliberations in the hope that they will influence the environmental section of the Lome IV Convention currently being negotiated. It should be noted that the Lome III Convention has already instituted a development programme involving 66 countries from the ACP region (Africa/Caribbean and the Pacific) and the European Commission. Protection of the environment, especially the marine environment, has a clearly defined economic benefit. This is exemplified by the value of coastal and marine environment to the economy of African countries, particularly in

MARINE

POLICY

April 1988

the field of tourism and fisheries. It is therefore to be hoped that the Final Declaration, adopted on the last day of the conference, will be taken into account during negotiations of the Lome IV Convention. As Commissioner Stanley Clinton Davis pointed out in his speech, ‘there can be no sustainable development unless the environment is taken into account at the outset. We are already facing major environmental problems which could turn into a catastrophe , that IS why the European Community has for many years placed increasing emphasis on co-operation with its partners under the successive Lome Conventions in confronting these problems.’ Whilst the two Commissions set up at the conference examined the complex problems resulting from desertification and degradation of coastal and marine environments, it became clear from the outset that the crucial issue and key to dealing with these problems was the willingness of European countries to provide assistance to the Third World. As Dr Mostafa Tolba, the Executive Director of UNEP, pointed out: ‘If the European countries helped those in Africa, especially in the framework of the European Year of the Environment, to become self-sufficient, they would offer a gift from which they would reap benefits in the years to come’. The Commission on Development and Coastal and Marine Environment discussed a wide range of problems facing coastal states in the West African and Central African (WACAF) region. Debate, reflected in the Report which the Commission presented to the plenary session on the 14 January, singled out the following high priority problems requiring urgent action: Global legal regime. It was recalled that a number of important global international conventions, such as MARPOL 1973/78, apply to the WACAF region. Their effective implementation could reduce the risk of pollution in the area, and coastal states were urged to ratify appropriate global conventions. The same applies to conventions dealing with com-

MARINE

POLICY April 1988

pensation for oil pollution damage (1969 Civil Liability Convention and the 1971 Fund Convention). Regional legal regime. It was noted that the 1981 Abidjan Convention for Cooperation in the Protection and Development of The Marine and Coastal Environment of the West and Central African Region has entered into force but remains unratified by many coastal states. The WACAF region would greatly benefit from the institutional structure already existing in the Mediterranean or the Wider Caribbean Area, where a special office headed by a coordinator supervises the implementation of the legal instruments and of the Action Plan. However, the Abidjan Convention is an umbrella treaty. The most important sources of marine pollution remain unregulated, namely, offshore pollution, land-based pollution and dumping. Protocols are also needed on specially protected areas and on threatened species. The participants also examined the possible role of the newly formed Commission of the Sea of the African Ministerial Conference on Environment (AMCEN). The Commission held its first meeting in Algiers in May 1987, and the second meeting is scheduled for March lY88 in Cairo. The Chairman of the Commission, Minister Abdellaoui of Algeria, was invited to the Dakar Conference as a guest to discuss the ways in which the Abidjan Convention could be revitalized and rendered operative. Considerable expenditure, already incurred by UNEP, and various seminars and workshops organized in conjunction with other UN specialized agencies, have so far failed to generate the necessary support among coastal states. Sources and effects of pollution. It was pointed out that the most serious problems facing coastal and marine environments include the following: 0

0

l

natural and man-generated erosion, affecting some countries by up to 30 metres per annum; the threat to mangrove zones, already almost destroyed in countries like Ghana and Benin; pressure from coastal urban cen-

0

including dredging and tres, domestic sewage, causing some 80% of all marine pollution and threatening to increase five-fold in the next 40 years. Tourism (about one million visitors every year) adds to coastal pollution; land-based pollution.

Roles of states and r~on-govc~rnml~ntal organizations (NGOs). It was agreed that coastal states play an essential role and have special responsibility to reduce the risk of marine pollution. They must not only ratify the necessary international agreements, but also translate them into national legislation and set up the necessary technical, managerial and training infrastructure which will ensure the effective application of a relevant legislative framework. All participants emphasized that non-governmental organizations can make a positive contribution to measures to minimize the threat of marine pollution. The conference quoted activities of African, European and international organizations, including the African Network of Environmental Non-governmental Organisations (ANEN), local authority associations, the International Union for the Conservation of Nature and the Advisory Committee on Pollution of the Sea. Environmental impact assessment. Coastal states were recommended to integrate in their planning policies environmental impact assessment, in accordance with Article 13 of the Abidjan Convention. The Dutch delegates drew attention to the results of an international preparatory meeting on the proposal to set up an independent international commission for the review of environmental assessments held in the Hague in November 1987. A further report is expected in the spring of 1988. New technologies. Agreement was reached to place the emphasis on the use of new technologies, reducing the impact of pollution and enabling the recycling of certain pollutants, such as waste to be used for fertilizers, and the use of waste-water for irrigation.

167

Plrrnr~irzg. The cluded

that

Dakar

meeting

con-

suggest

most

efficient

and.

tions.

the

ultimately,

financially

policy

to

protect

marine

environment

Icast the

preventive

the

stage.

recommended for public

measures

in

to take note of the need campaigns.

Year

action

taken

The Commia-

regional

and

further

at

agencies

the

lead

coastal

vironment.

Specific

mended

sub-

level

from

could

protect

national,

regional

funding

where

appropriate

to

measures

and

marine

projects

to en-

recon-

by the Commission

included

ia and with

the

coastal four

0

to Benin,

the

weed,

Ivory

Togo,

Niger-

Coast

rapid

to

spread

deal

of

water

affecting

navigation

and

fisheries

in lagoons

of the

ing

with

The

in

Senegal,

Gambia.

of financial in

word

‘solidarity’

sents

hoped

first

that

make

was

repre-

as some

the

case.

made.

to ‘exploit’

is

and ensure

is put on the bones next

and

to the Cartagena for

with

of contractConven-

March

l%c)

in

Jamaica

in Dakar

meeting

useful

countries.

and ;I greater

European

partners.

for

Dr Viktor Sebek is the Executive Secretary of ACOPS. He served as the Rapporteur to the Commission on Coastal and Marine Environment at the Dakar Conference. Dr Rouchdy Kbaier is Director of ACOPS’ Paris office. he served on the organizing committee of the Dakar Conference. His research for ACOPS is partly sponsored by WWF UK.

an It

the goodwill

developed

the

meaningful

whilst

in no-way be

of the framework to

the

Dcclara-

milestone

flesh

conjunction

Viktor Sebek and Rouchdy Kbaier ACOPS, London, UK

not

the sugges-

by the meeting

enough

in

exercise

Caribbean

conference

scheduled

their

country,

Therefore,

step

ing parties Kingston,

into the Icss commit-

might

perhaps

tion,

deal-

into

in the Final

an historic

had

region,

2 similar Wider

list’ submitted At

Declaration

debt-ridden

the diplomatic 21

did

to turn

‘co-operation’.

the Final

to repeat

in the

protection.

European

tion was changed ting

for

participants

countries.

one

re-

managerial

of a ‘shopping

of

underway

signifi-

developing

environmental

by African tion

any

infrastructure

European

soluit was

more African

challenge

for

Plans art: already

‘The following countries took part: Belgium, Benin, Burkina Faso, Cameroon, Cape Verde, Congo, Denmark, Spain, France, Gabon, Gambia, Ghana, Greece, Guinea Bissau, Italy, Liberia, Luxembourg, Mali, Mauretania, Niger, Nigeria, the Netherlands, Portugal, Central African Republic, Federal Republic of Germany, United Kingdom, Senegal, Chad and Togo. Algeria and Switzerland attended as observers.

contingency

of

development

lack

institutional,

now necessary

countries;

plans

legal,

generated

assistance

and that

hampered

breakthrough

better

important

the following:

a

cant

the

which

approval

sion also quoted a series of examples of

particularly sources

wish the conference

training.

projrm.

Rccornr77rt7dd

such

of the Environ-

and also adequate

remedies

and technical

It was therefore

awareness

as the European ment,

and

is the one which

incorporates planning

onerous

coastal

instant

It was emphasized

Maurctania.

Cape Verde

and Guinea

Bissau:

0

and

training campaigns Zaire

0

public

in

awareness

Congo.

Gabon.

and Angola;

measures

to control

sion in Ghana. Nigeria,

following

tions

made

pcrts

held

coastal

ero-

Benin

and

Togo,

recommenda-

by ii meeting in Cotonou

of cx-

in March

19x7:

l

making tries

available the

to African

Network

for

ment

Technology

(NE’IT)

within

also

cooperation

between

(and

amongst

also

WACAF

region)

of

states

in

the

of twinand

also of specially

protected

areas.

such

recognized

that

not identify coastal

and

the WACAF

168

in Dakar

this Commission, plenary

session,

all problems marine region.

of the ‘The

affecting

environments Nor

Jurisdiction

Center

in the Pacific,

Institute,

and the Hawaii

University

Maritime

of

Center,

1987

may be considered

Law

Basin’.’ a

revival

opposed

could

and could the of they

in October

reason

in

as it did in IY~I, of

interest

to the

however.

Atlantic.

The

was that

while

the

would

sign the

Convention

on the

USA

Sea (UNCLOS),

the

signed

area

as

however,

assuming

that

the

is able to convince of the need fact

to do so.

the

was no indication

of any such move

the USA,

the participants

conference

continued

often

in emotive

the USA.

accept

tinue

Na-

fishing.

The

of the

through

the

had

regional

and hence

relating

of

there

highlight,

how the USA

the Convention.

tuna

was

increased

cooperation

MARINE

con-

and

theme

conference

to ocean

As fol

points

mining

other

by

at the 19)x7 to

terms.

to be seabed

portance

that

the big sticking

that

the USA

it.

Notwithstanding

should

1087 conference

the convention

it. It could,

to

the US Senate

at the

United Law

not ratify accede

differ-

was hope

was held at a time when not

on

was due to

in this

there

Pacific

focusing

could still

new administration

1081, and the

for

1081 conference tions

a

confer-

of the Sea Institute

Issues

The

the Pacific

annual

Law of the Sea and Ocean

Development

ence,

parks.

the subsequent

ence titled

of cities.

representatives

by the East-West

to the fifteenth

held in lionolulu

services

Government

Maritime

of the Law of the Sea

HI, USA, 3-6 August

sequel

ning of technical as national

Honolulu,

of Extended

Conference

cosponsored

This confrrencc

and South

in the form

Hawaii,

Implications

Annual

Tranhfel

encouraged

North

Twenty-first

coun-

Communities.

Commission

The International

Environ-

the framework

the European The

A return to marine regionalism

running the

bilateral in

the

inand

Pacific

affairs.

POLICY April

1988