Invasive alien species
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INVASIVE ALIEN SPECIES. METHODOLOGY. OUTLINE. Identification of nature and sources of introduction of IAS. Identification of the applicable global and regional instruments governing IAS. Have these instruments been ratified? If not, what are the necessary steps for ratification?

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  • Identification of nature and sources of introduction of IAS.

  • Identification of the applicable global and regional instruments governing IAS.

  • Have these instruments been ratified? If not, what are the necessary steps for ratification?

  • Identification of existing relevant legislation and institutions on the subject.

  • Assessment of existing legislation and institutional arrangements in the light of the international instruments.

  • What form must the legislation assume?

  • Capacity for implementation. Are there resources- both human and material- for the implementation of the legislation ?

1. Identification of the applicable global and regional instruments governing invasive alien species:

  • Major Global Instruments:

    • CBD

    • Bonn Convention

    • Cartagena Protocol on Biosafety

    • UNCLOS

    • IPPC.

    • WTO-SPS Agreement

  • Regional Instruments:

    • Agreement on the Conservation of African-Eurasian Migratory Water birds

    • Agreement for the Establishment of the Near East Plant Protection Organization

    • Algiers (African) Convention.

  • Soft Law Instruments:

    • the IUCN guidelines for the prevention of Biodiversity Loss Caused by Alien Invasive Species, 2000, (IUCN Guidelines)

    • Chapter 11 of UNCED Agenda 21

    • International Maritime Organization (IMO) Resolution A.868 (20) of 1997 on Guidelines for the Control and Management of Ships Ballast Water to Minimize the Transfer of Harmful Aquatic Organisms and Pathogens

2. Have these instruments been ratified? If not, what are the necessary steps for ratification?

  • Applicable system of law regarding incorporation of international treaties into municipal law: monism or dualism

  • Ghanaian system of incorporation; ratification and deposit of instrument of ratification with designated depository.

3. Identification of existing legislation and institutions on the subject

  • Sources of Law:

    • Constitution

    • Parliamentary and/or legislative enactments

    • Subsidiary legislation

    • The common law

    • Codes of practices, directives or standard

  • In-depth examination or analysis of each of the sources of law to ascertain whether or not they address the subject of invasive alien species.

  • Identification of institutions with responsibility for the control of IAS or whose activities impinge on the subject.

4. Assessment of Existing Legislation in the Light of Relevant International Instruments

  • Examination of legislation in the light of the various international instruments to ascertain their conformity or otherwise with the rules provided for in the international instruments, for example:

    • Article 8 of the CBD on in-situ Conservation enjoins each Contracting Party to, as far as possible and as appropriate: (g) establish or maintain means to regulate, manage or control the risks associated with the use and release of living modified organisms resulting from biotechnology which are likely to have adverse environmental impacts that could affect the conservation and sustainable use of biological diversity, taking also into account the risks to human health; (h) prevent the introduction, control of eradicate those alien species which threaten ecosystems, habitats or species.

    • Article 196 of UNCLOS enjoins states to take all measures necessary to prevent, reduce and control pollution of the marine environment resulting from the use of technologies under their jurisdiction or control, or the intentional or accidental introduction of species, alien or new, to a particular part of the marine environment, which may cause significant and harmful changes.

  • The IPPC creates an international regime to prevent introduction and spread of plant and plant product pests premised through the use of sanitary and phytosanitary measures. Parties are thus required to establish national plant protection organisations with authority in relation to quarantine control, risk analysis and other measures required to prevent the establishment and spread of pests. (Article IV). These include:

    -The inspection of consignments of plants and plant products

    -The disinfection of plants and plant products

    - The protection of endangered areas and the designation, maintenance and surveillance of pest free areas.

  • Gaps or inconsistencies could be noted for appropriate corrective measures in the proposed legislation.

  • 5. What Form Must the Legislation Assume?

    • Legislation driven by several factors including:

      • The constitutional and institutional setups;

      • The existing legislation on the subject; and

      • Obligations assumed under the international instrument sought to be domesticated.

    • In the preparation of the legislation, one of three identified approaches could be adopted:

      • a review of existing laws and their consolidation into a single piece of legislation;

      • the enactment of one core framework legislation under which the various existing legislation would be implemented; and

      • the harmonization of all relevant laws to address conflicts/gaps/overlaps

    • The legislation would provide for, among other things, the following:

      • The Scope

      • Definition of Terms

      • Institutional/Organizational basis for the control of IAS

      • Import and exports of plants and plant products

      • Enforcement including:

        -powers of inspectors

        -Regulation of Imports and Exports

        -Quarantine provisions

        -Controlled Areas and Control measures

      • Offences and Penalties

      • Financial Provisions including power to levy fees

      • Special Provisions including immunities

      • Appeal procedures

      • International Cooperation

      • Power to Make Regulations

    6. Capacity for Implementation

    • Human and material resources for the implementation of the law. National capacity to include:

      -Legal Authority- an established NPPO with clearly defined powers and functions

      - Organized inspection services and facilities

      - Pest diagnosis and pest risk analysis/surveillance systems

      - Effective and efficient quarantine measures and procedures, including emergency response measures

      - Training and development of staff

      -Monitoring and evaluation

    • the financial mechanisms provided for under some of these global instruments such as the CBD and the SPS could be a source of assistance for developing countries in the implementation of their legislation. FAO Technical Assistance in preparation of Legislation etc.

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