Measuring progress on UNCED implementation

Measuring progress on UNCED implementation

Ocean & Coastal Management, Vol. 29, Nos 1-3, pp. 1-11, 1995 Copyright ~) 1996 Elsevier Science Ltd Printed in Northern Ireland. All rights reserved 0...

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Ocean & Coastal Management, Vol. 29, Nos 1-3, pp. 1-11, 1995 Copyright ~) 1996 Elsevier Science Ltd Printed in Northern Ireland. All rights reserved 0964-5691/95 $9.50 + 0.00 ELSEVIER

PII:

$0964-5691(96)00029-4

Measuring progress on U N C E D i m p l e m e n t a t i o n

Biliana Cicin-Sain & Robert W. Knecht Center for the Study of Marine Policy, Graduate College of Marine Studies, University of Delaware, Newark, Delaware 19716, USA

ABSTRACT This introduction to the special issue on Earth Summit implementation calls attention to the significance o f the review of progress achieved in the implementation o f the oceans and coasts agenda of the 1992 Earth Summit (the United Nations Conference on Environment and Development (UNCED ) ) conducted by the United Nations Commission on Sustainable Development in April 1996. It poses major questions facing the Commission, introduces the major themes discussed in the special issue and makes some assessments on the nature and pace o f UNCED implementation. Almost four years have passed since the momentous Earth Summit was held in Rio de Janeiro in June 1992. In April 1996, the institutioo created to monitor and provide oversight on the large and complex blueprint for change adopted in Rio, the Commission on Sustainable Development (CSD), considers the progress that has been achieved in the area o f oceans and coasts. This is, then, a very propitious time to take stock of what, if anything, has changed in the way in which nations, international institutions and communities manage the world's oceans and coasts. Four years is a very short time in the implementation o f almost any program, and in this case particularly so, with more than 2500 prescriptions for action emanating from the Earth Summit--prescriptions aimed at national governments, local communities, international organizations, groups and individuals--all important actors in implementation. Nevertheless, the CSD review provides a focal point, an agenda focusing event, for the interested community to pause and reflect on what has changed since Rio. In this vein, we asked key individuals around the world to share their 1

B. Cicin-Sain, R. W. Knecht perspectives on what has been achieved since Rio, what is likely to be achieved still and on what is lacking in the implementation of the multi-faceted oceans and coasts agenda of the Earth Summit--including the prescriptions of Chapter 17 of Agenda 21, as well as those of the Climate Change and Biodiversity Conventions. The papers in this special issue thus present a set of perspectives on what has been accomplished, as well as what remains to be done. The papers vary in their content and approach--some represent fully fledged research appraisals of implementation in a particular area, others are reports of ongoing implementation activities and some are personal commentaries on the UNCED implementation process. Copyright © 1996 Elsevier Science Ltd.

1. T H E I M P O R T A N C E OF T H E CSD R E V I E W The occasion of the CSD review offers a unique opportunity to examine the global picture with regard to the m a n a g e m e n t of coasts and oceans. While it is too early to judge the final outcome with regard to the impact of U N C E D recommendations, one can nonetheless ascertain if implementation is beginning--if the foundations are being put in place, if the required resources are beginning to flow and if the necessary capacity-building has been started. We hope very m u c h that the CSD review process will provide this kind of information, since there is really no other mechanism for obtaining this essential overview information. In addition, we hope that the CSD review will not only solicit and assemble information but that it will provide an assessment of the adequacy of the overall effort based on the information received. Again, there is no other f o r u m that can perform this crucial function at this time. Below we list just a few of the questions for which, in our view, assessments would be of great value: •

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To what extent are national governments in coastal nations beginning concrete efforts towards more integrated m a n a g e m e n t of coastal and ocean resources? A r e key concepts such as integrated coastal m a n a g e m e n t being defined and operationalized at an appropriate rate? Is financial support to assist developing nations in their coastal and ocean resource m a n a g e m e n t efforts being made available by donor agencies, the Global E n v i r o n m e n t Facility (GEF) and donor governments? D o the funding and technical assistance priorities of UN

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agencies and other international organizations reflect the areas of emphasis in Chapter 17? Will the U N C E D recommendations regarding the coasts and oceans, if implemented properly, be sufficient to put us on a path towards sustainable use of the oceans? What are the most significant barriers to reaching the goal of a sustainable ocean? Lack of funding for nations needing such assistance? Lack of operationalized concepts ready for management use? Lack of training and capacity-building opportunities? Lack of political will? Other? One of the values of a comprehensive CSD review is to facilitate consideration of 'mid-course' corrections. Although not long in the larger picture, the nearly four years of experience since U N C E D should be sufficient to permit some judgements to be made regarding the reaction of national governments, international organizations and others to the recommendations contained in Chapter 17. Furthermore, the UN Law of the Sea Convention of 1982 has entered into force since U N C E D and, hence, adds an important additional international oceans agreement into the existing situation. Also, the Conference of Parties of both the Climate Change Convention and the Biological Diversity Convention have now had two sessions with the direction of their implementation priorities becoming clearer. All of these developments need to be considered together, since they all are key parts of the evolving ocean and coastal regime. It seems highly probable that a properly structured review that includes all of these dimensions would reveal the desirability and appropriateness of a number of changes in direction in one or more of these activities. Finally, one area which was relatively undeveloped during the U N C E D discussions involves the organization of ocean and coastal activities at the international level with the new goal of sustainability of ocean and coastal areas in mind. Discussions relevant to this issue are proceeding on several different fronts in parallel with little or no coordination between them as yet. The CSD review is a very appropriate place to begin to focus these discussions and perhaps to create a continuing mechanism for future action, in association with the events being planned for the Year of the Oceans in 1998. A central question relates to the existing organizational fragmentation in the oceans/coastal field at the international level. Is this kind of institutional arrangement consistent with the U N C E D paradigm of interdependence and integrated management? Can the existing coordination mechanisms provide sufficient coherence in direction and priorities

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between the various existing ocean and coastal programs, or will some kind of an 'umbrella' institutional mechanism be needed? Hopefully, the CSD review will advance the thinking on this question.

2. M E A S U R I N G P R O G R E S S ON T H E U N C E D A G E N D A ON O C E A N S A N D COASTS

As is well known, the major U N C E D prescriptions related to oceans and coasts are found in Chapter 17 of Agenda 21, although the Rio Declaration of Principles, and aspects of other chapters of Agenda 21 and of the two conventions adopted at Rio (the Framework Convention on Climate Change and the Convention on Biological Diversity) are also of relevance to the management of the world's coasts and oceans. CSD is considering progress in the implementation of the major program areas of Chapter 17--integrated coastal and ocean management; marine environmental protection; sustainable use of fisheries under national jurisdiction and in the high seas; critical uncertainties; strengthened international cooperation; and sustainable development of small islands--as well as relevant connections to other parts of the U N C E D outcomes, such as the two conventions. A first question to consider is implementation by whom, since responsibility for U N C E D implementation is lodged at various levels-at the nation-state level, at the level of international organizations, at the level of non-governmental organizations and local communities, in some cases. Regional-level entities can also play an important role in catalyzing the actions of national and local governments. The evidence on U N C E D implementation at the national level is still scanty. The reports that CSD has requested on national-level implementation are still being received (as of early March 1996) and have yet to be analyzed. It is clear, too, that one must take a long-term perspective on national-level implementation--it does take time to establish new processes of integrated management and to mobilize the requisite political will in nations and communities. Nonetheless, there is evidence in several papers in the special issue of significant activities being undertaken by national governments to implement U N C E D recommendations in the ocean and coastal areas; papers by Jihyun Lee and Seoung-Young Hong on Korea, and by Marcus Haward and David VanderZwaag on Canada and Australia, detail important U N C E D implementation policy initiatives being carried out in these nations. Two of the papers in the special issue--by Adalberto Vallega in the context of the Mediterranean, and by Gerald Miles, Viii Fuavao and

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A n d r e w Smith in the context of the South Pacific--show the important role that discussions of sustainable development at the regional level can play. There is a good deal of evidence regarding implementation at the international organization level--as the paper by Heiner Naeve and Serge Garcia demonstrates in its review of the coordination and reporting activities of the oceans and coasts subcommittee of the Inter-Agency Committee for Sustainable Development; the paper by Biliana Cicin-Sain, Robert Knecht and Gregory Fisk reveals that a shift in focus in the relevant UN agencies to support the U N C E D programs appears to have taken place. As evidenced by the inter-agency coordination process reported on by Naeve and Garcia, UN entities appear to be making more extensive efforts to communicate among and coordinate with each other. Important reform of major international organizations such as the World Bank and the Global Environment Facility have also taken place. 1 Non-governmental organisations (NGOs) can serve as catalysts in the implementation process by prodding national and local authorities to abide by the international agreements their governments have made. CSD is in the process of conducting a survey of N G O activities in the area of oceans and coasts, hence data on this question are still not available (as of early March 1996). Our impression is that NGOs have been most visible in U N C E D implementation activities related to the conclusion of the agreement on straddling stocks and highly migratory fish stocks (discussed below), as exemplified in the paper by Lisa Speer and Sarah Chasis, representatives of the Natural Resources Defense Council, an influential NGO. Within the ocean and coastal area, NGOs have also been especially active in the area of capacity-building, as the paper by Elizabeth Mann Borgese demonstrates. With regard to progress on specific program areas included in Chapter 17, we offer some summary assessments below.

3. P R O G R E S S ON T H E P R O G R A M A R E A S OF C H A P T E R 17 3.1. Fisheries

That Chapter 17 placed considerable emphasis on fisheries is understandable, given the very depleted condition of many of the world's most valuable fish stocks. Prescriptions were included on high seas fisheries management and on management within national exclusive

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economic zones. Certainly the agreement on straddling fish stocks and highly migratory fish stocks, reached in 1995 after two years of negotiation, represents a very significant achievement. Several papers in the special issue, all written by participants in the negotiations, offer reflections on the importance of the new agreement and on the dynamics of its negotiation. Moritaka Hayashi, Director of the UN Law of the Sea Office, offers a thorough assessment of the agreement's roots in, and significance for, the Law of the Sea Convention. Writing from their vantage point as NGOs, Lisa Speer and Sarah Chassis of the Natural Resources Defense Council suggest that the agreement marks a 'sea change in the management of the world's fisheries' and elucidates detailed conservation and management standards that will 'effectively put an end to the free-for-all that has existed on the high seas for time immemorial.' Charlotte de Fontaubert's analysis of the political dynamics involved in the negotiations, reveals both the difficulties and complexities of the negotiations and some of the unusual developments that contributed to their ultimate success. Of course, as these authors and others point out, the real test of success will come in the implementation of the agreement and in the improved stock abundance that should result from improved management. Responsible fishing of straddling and highly migratory stocks will not, however, solve the problem. Nations must also adopt more effective fishery management programs within their 200-mile zones, since 90% of the world's fishing effort (and attendant overfishing) is concentrated within these zones.

3.2. Integrated coastal management (ICM) The concept of integrated coastal management was given a great boost by U N C E D and Chapter 17. As a result, ICM is now clearly the method of choice to secure the kind of integrated management upon which sustainable development depends. The Cicin-Sain, Knecht and Fisk paper illustrates the wide variety of coastal and ocean-related programs that have endorsed ICM as a central organizing framework. Considerable work exists on the development of international guidelines for ICM, although there is clearly a tension between a single international standard for ICM and the need for flexibility to fit widely different national and community settings. As in the case of fisheries, the real test for the ICM concept will come as individual nations consider its use. Only if a significant number of coastal nations actually adopt ICM plans and implement them effectively, will the benefits of better integration in ocean and coastal

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resource management be realized. Thus, there is an important need to monitor and assess growing national practice in ICM.

3.3. Marine environmental protection Land-based activities are responsible for 60% or more of the pollution of the oceans, yet progress at the international level in this area has been very slow indeed. Unlike ocean dumping and vessel-source pollution where formal international agreements have existed for at least twenty years, no such agreement exists, save soft law guidelines, with regard to land-based marine pollution. While the UNCED's follow-on conference on this subject, sponsored by UNEP and hosted by the United States in Washington DC in October/November 1995, also did not recommed a new legal instrument, it did produce a comprehensive 'Programme of Action' involving action at both national and international levels. According to several authors in this volume, the Washington Programme of Action holds great promise if its provisions are implemented satisfactorily. The paper by Kimball, for example, suggests that four key elements of the Programme of Action will help to support and advance on-the-ground implementation; these are (1) periodic scientific assessments of the health of the marine and coastal environments; (2) means to organize and expedite exchange of information, experience and expertise; (3) means to coordinate the efforts of the many relevant international agencies; and (4) an intergovernmental review mechanism to consider progress in implementation of the Programme. The question of institutional leadership in the ocean and coastal management field is also raised by this Programme of Action, as Kimball, and Williams and Davis discuss in their respective papers. UNEP, of course, has been in the lead in raising awareness on this issue, but is it the right organization to provide the aggressive leadership that most observers feel will be needed? As Kimball puts it, effective implementation of the Programme is a 'make-or-break' opportunity for UNEP's regional seas program.

3.4. Marine biodiversity and climate change While marine and coastal issues were not featured specifically in the adoption of the Convention on Biological Diversity in Rio in 1992, nor in its initial implementation, by the end of the second Conference of Parties in Jakarta in November 1995, an important element related to the protection of coastal and marine biodiversity had been developed,

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which endorses the concept of integrated coastal management as the most suitable framework for addressing human impacts on marine and coastal biodiversity, and for promoting conservation and sustainable use of this biodiversity. The report by Arico traces the emergence of the marine biodiversity component of the Convention on Biological Diversity. Regarding the Framework Convention on Climate Change (FCCC), part of the deliberations related to this area had originally been concerned with the special vulnerability of coastal zones to climate-induced change. Some of the implementation activities within the context of the Climate Change Convention continue to incorporate a strong emphasis on ocean and coastal management issues, as shown by the paper authored by Huang on the US Country Studies P r o g r a m - a bilateral program of assistance related to the FCCC, being used in a number of cases (particularly island nations) to assist in the assessment of vulnerability to coastal hazards and in the design of integrated coastal management. 3.5. The problems of small island developing states One of the program elements of Chapter 17 dealt with the special problems of the forty or so small island developing states, e.g. problems related to small size, geographical isolation, resource limitations and special environmental problems such as accelerating sea level rise. Largely due to the political mobilization of the small island developing states in the Rio process through the Alliance for Small Island Developing States (AOSIS) and the activities of national and regional island entities such as SPREP (the South Pacific Regional Environment Program), Chapter 17 incorporated recommendations for the convening of a global conference devoted exclusively to the problems of these states. The Global Conference on Sustainable Development of Small Island Developing States concluded in Barbados in May 1994, developed a comprehensive Plan of Action for sustainable development of small island states which is now in the implementation stage. However, there is growing disappointment and disillusion at the implementation of this action program, especially because of the lack of mobilization of significant new resources to support it, as evidenced in both the paper from South Pacific representatives Gerald Miles, Viii Fuavao and Andrew Smith, as well as from Mark Griffith's paper reflecting the Caribbean experience. Nevertheless, in both papers there is strong evidence of a significant growth of capacity in the island states in environmental management and in aspects of coastal and ocean management since U N C E D . This is especially the case in the South

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Pacific where strong regional-level organization has been very functional in the enhancement of national and local level capacity.

3.6. The International Coral Reef Initiative The Mieremet paper describes a new international initiative focusing on coral reef protection and management, triggered by U N C E D , and suggests that this partnership-oriented program is growing at a healthy rate. Clearly, the coral reefs and their associated environments form a very valuable part of the global coastal ocean resource base.

3.7. Science and management integration The crux of the Earth Summit agreements is the nexus between the interdependence of environment and development, and of resource uses and the environment in which they are found, and the need for integrated management of such resources and environments. Integrated management means various things, such as bringing together sectoral management activities which traditionally have been conducted separately. One of the most important aspects of integrated management is bringing science and management together to address environment and development problems. Two papers in the special issue address the growth in capacity at the international level to apply scientific knowledge in management decision making--the paper by Gunnar Kullenberg, Secretary of the Intergovernmental Oceanographic Commission, U N E S C O , details the refocusing of an organization which has been largely concerned with the study of ocean dynamics on a global scale and is now also incorporating concerns related to coastal processes and coastal management. The paper by Ken Sherman addresses the application of the Large Marine Ecosystem concept to better understand and manage particular regions of the ocean.

3.8. Funding None of the papers address the key question of funding directly, but as is well known, new and additional resources to fund the grand U N C E D blueprint did not fully materialize. This has led, as Elizabeth Mann Borgese puts it in her overview article, to a general feeling of frustration. Where are the means of implementation? Where is the political will to put into place the U N C E D prescriptions? Nevertheless, as Dr Mann Borgese points out and we heartily concur, one must take the long view on implementation. Even on the funding

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question, as a number of the papers detail, there is money available from a range of sources (such as those related to the Climate Change and Biodiversity Conventions). As the paper by Joe Huang points out, a sizeable and far-reaching program of assistance is available from the United States, for example, to assist countries in fulfilling their obligations under the Climate Change Convention. Much of the work under this program is closely tied to ocean and coastal management issues, particularly in the context of developing island states. The challenge, as Dr Mann Borgese also points out, is for local recipients of assistance to be able to weave together different sources of funding into a package that first and foremost addresses their community's needs and not only the donor's priorities. Cicin-Sain, Knecht and Fisk echo this theme in their paper.

3.9. Capacity-building The building of local capacity for managing environment and development was a major theme underlying much of the Earth Summit, as well as Chapter 17. There is evidence in a number of the papers presented in this issue that there is a significant amount of activity related to building capacity, which is likely to bear important fruits in the long-run. The papers by Miles et al., Cicin-Sain et al., Mann Borgese, and Griftith, all give examples of successful capacity-building in various contexts. Mann Borgese is a leader in this work.

4. L O O K I N G A H E A D As readers of this volume will find, a lot has been going on since the United Nations Conference on Environment and Development closed its doors in Rio, nearly four years ago. Foundations are being built, capacity-building is taking place, some funding is beginning to flow and nations are more acutely aware of coastal degradation, overfishing, land-based marine pollution, loss of species diversity, and the threat of climate-change induced sea level rise. Some techniques and methodologies for dealing with these problems also emerged from the U N C E D process, including the promising concept of integrated coastal management. The stage is being set and the tools readied for pursuit of the new paradigm of sustainable development. U N C E D , and the Bruntland Commission before it, made a compelling case that moves in this direction were essential, if the environmental and social well-being of world's peoples were not to be

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degraded further. Indeed, given the central role of the oceans and coasts in the lives of so many of the earth's inhabitants, sustainable development of our coastal and ocean resources will make a major contribution toward a globally sustainable society. Now the political will must be found by people at all levels and in all societies to make the changes required. The papers in this volume show both the promise and the difficulty of making these changes.

ACKNOWLEDGEMENTS The support of the Delaware Sea Grant College Program of our work on UNCED implementation is gratefully acknowledged. The assistance of several individuals in the preparation of this special issue is noted with sincere thanks: Gina L. Bryant for her assistance in editing the manuscripts, Catherine Johnston for keeping the manuscripts moving, Editorial Assistants Gregory W. Fisk, Jennifer May, Stephanie Poole and Katherine Colborn for their help in all matters related to manuscript editing and processing.

REFERENCES 1. Cicin-Sain, B., Earth Summit implementation: progress since Rio. Marine Policy, in press.