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UNEP: TRAINING WORKSHOP ON ECOSYSTEM APPROACHES TO COASTAL AND OCEAN MANAGEMENT

UNEP: TRAINING WORKSHOP ON ECOSYSTEM APPROACHES TO COASTAL AND OCEAN MANAGEMENT. Focus on Ecosystems Based Management in Eastern Africa: Institutional and Legislative Frameworks for an EA at the Regional Level, including cross sectoral and transboundary aspects By Akunga Momanyi.

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UNEP: TRAINING WORKSHOP ON ECOSYSTEM APPROACHES TO COASTAL AND OCEAN MANAGEMENT

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  1. UNEP: TRAINING WORKSHOP ON ECOSYSTEM APPROACHES TO COASTAL AND OCEAN MANAGEMENT Focus on Ecosystems Based Management in Eastern Africa: Institutional and Legislative Frameworks for an EA at the Regional Level, including cross sectoral and transboundary aspects By AkungaMomanyi

  2. A. Introduction and Overview • This presentation is part of generic understanding of ecosystem approaches to management of coastal and oceanic resources. It follows upon the thematic discussion on “Developing an Ecosystem Approach”, which has covered (a) basic concepts and approaches; (b) the necessity of adopting an ecosystem approach; and (c) international law and policy instruments for an ecosystem approach. The latter has covered the main international law framework for EA

  3. A. Introduction and Overview contd • This presentation will focus on the Western Indian Ocean regional legal and institutional frameworks for EA, including cross sectoral and transboundary aspects.The main framework is provided by the 1985 Nairobi Convention and its Protocols. • The presentation will seek to emphasize the need to increase awareness of EA and its effective implementation across the Region, as well as increased integration between national and regional institutions concerned with coastal and marine environment.

  4. B. Regional Legal and Institutional Frameworks for EA • The WIO Region has, alongside other regions of the world, gradually responded to the ecosystem approach. The 1985 convention and its protocols have provisions in this regard, and its conference of parties (COP) has also made relevant decisions regarding EA. There are also other supportive instruments, as well as institutions

  5. B. Regional Legal and Institutional Frameworks for EA contd The 1985 Nairobi Convention and Its Protocols • The 1985 Nairobi Convention was developed against the background of the 1982 United Nations Convention on the Law of the Sea(1982 UNCLOS), but before the latter came into effect. The 1982 UNCLOS has several provisions which are consistent with EA. • At the level of principles, although the Convention was not expressive of important international environmental law principles, its proposed revisions include references to the precautionary principle; the polluter pays principle; and the promotion of integrated coastal zone management.

  6. B. Regional Legal and Institutional Frameworks for EA contd • Its provisions concerning pollution from various sources, including ships (Art. 5); dumping (Art. 6); land based activities (Art. 7); seabed activities (Art.8); and air borne pollution( Art.9), are all arguably supportive of EA, to the extent that they cover the Convention area in totality, as opposed to specific species • In addition, the Convention establishes protected areas and provides as follows: “The Contracting Parties shall, individually or jointly, take appropriate measures to protect and preserve rare or fragile ecosystems as well as rare, depleted, threatened or endangered species of flora and fauna and their habitats in the Convention area.”

  7. B. Regional Legal and Institutional Frameworks for EA contd • More over, the provisions concerning pollution from oil pollution emergencies (Art. 11) and from engineering activities (Art.12) imply ecosystem wide protection. In fact, Art 12 is categorical: “The Contracting Parties shall take all appropriate measures to prevent, reduce and combat environmental damage in the Convention area in particular the destruction of marine and coastal ecosystem…”

  8. B. Regional Legal and Institutional Frameworks for EA contd • Under its provisions for environmental impact assessment (EIA), the Convention provides for the establishment of technical guidelines, assessment of impacts of projects and dissemination of relevant information and consultations among the contracting parties, and including the Organization.

  9. B. Regional Legal and Institutional Frameworks for EA contd • Although EIA provisions typically are narrowly applicable to proposed projects with likely environmental impacts, and there is no explicit provision for strategic environmental assessments (SEA) and audit (EA) in the Convention, it may be argued that they provide an important regional framework for awareness raising and effective implementation of ecosystem approaches.

  10. B. Regional Legal and Institutional Frameworks for EA contd • The proposed revisions to the Nairobi Convention include clear provisions for compliance and enforcement of its provisions, including ecosystem approaches. They include urging the contracting parties to establish national laws and institutions, and undertake exchange of information, assistance and cooperation among themselves and with relevant international, regional and sub regional organizations.

  11. B. Regional Legal and Institutional Frameworks for EA contd • This would not only lead to more effective implementation of EA, but also increase integration between national and regional institutions in the development and management of projects and programmes, and especially those having cross sectoral and trans boundary aspects.. • On institutional arrangements, the Nairobi Convention provides for “the Organization", which is defined as “the body designated as responsible for carrying out secretariat functions pursuant to article 16 of this Convention.”

  12. B. Regional Legal and Institutional Frameworks for EA contd • Under Article 16 thereof, the UNEP is identified as the Organization, and it provides the main regional institutional framework for the implementation of the provisions of the Nairobi Convention. • UNEP provides routine secretariat functions, receives and transmits information, coordinates implementation of cooperative activities as agreed by the contracting parties, and ensures necessary coordination with other regional and international bodies.

  13. B. Regional Legal and Institutional Frameworks for EA contd • In this regard, UNEP should lead the way in increasing integration between national and regional institutions in the development and management of projects and programmes that enhance EA. • The conference of parties (COP) is the supreme decision making organ of the contracting parties to the Nairobi Convention.The last COP 5 held in November 2007 in Johannesburg, South Africa, made the following decision: “CP 5/2. Protection of ecosystems and endangered species: 1.To endorse and support the use of the eco-system based management approach, including the involvement of up stream countries, for the conservation of the coastal and marine areas of the Region.”

  14. B. Regional Legal and Institutional Frameworks for EA contd • COP 5 of the Nairobi Convention also decided as follows regarding revisions to the Convention: “To note the progress being made in the revision of the Nairobi Convention and to request the Secretariat to organise the negotiation to finalise the text of the revised Convention and to convene a a Conference of Plenipotentiaries to adopt the revised Convention by end of December 2009” • The revision of the Nairobi Convention provides an excellent opportunity to entrench ecosystem approaches to the management of coastal and marine resources in the Region.

  15. B. Regional Legal and Institutional Frameworks for EA contd Nairobi Convention Protocols • There are two protocols established at the same time as the Convention in 1985: Protocol Concerning Protected Areas and Wild Fauna and Flora in the Eastern Africa Region (SPAW) and Protocol Concerning Co-operation in Combating Marine Pollution in Cases of Emergency in the Eastern African Region (Emergency Protocol). • In addition, there is a draft Protocol on Land based sources and activities causing marine and coastal pollution and degradation (LBSA Protocol) which is at an advanced stage of development.

  16. B. Regional Legal and Institutional Frameworks for EA contd • COP 5 of the Nairobi Convention decided as follows: “To note request the Secretariat to organise the negotiation to finalise the text of the LBSA protocol and to convenethe progress being made in the revision of the Nairobi Conventionand to request the Secretariat to convene a Conference of Plenipotentiaries to negotiate and adopt the Protocol by end of December 2009.” • The development of the LBSA Protocol to the Nairobi Convention also presents another excellent opportunity to further entrench an ecosystem based approach to the management of coastal and marine resources. It sets out provisions concerning pollution and degradation from various sources; measures of implementation and enforcement (including EIA, SEA and EA, public awareness and information dissemination); and institutional and financial arrangements. Its institutions are largely similar to those of the Convention itself.

  17. B. Regional Legal and Institutional Frameworks for EA contd • The SPAW Protocol is the most direct with regard to ecosystem approaches as it deals with the thematic areas of biological diversity. • However, as currently drafted, it appears to adopt a largely species approach as demonstrated by the annexes forming part of the Protocol. The annexes basically list species of fauna and flora requiring protection, and characterized as endangered or threatened, thus limiting the scope for protection of entire ecosystems in the WIO Region.

  18. B. Regional Legal and Institutional Frameworks for EA contd • Nevertheless, the SPAW has important ecosystem approach-friendly provisions, such as those dealing with the general obligation of the contracting parties to “… endeavour to protect and preserve rare or fragile ecosystems as well as rare, depleted, threatened or endangered species…(Article 2 (1); the prohibition of the intentional or accidental introduction of alien new or genetically modified species which may cause significant or harmful changes to the Eastern African region (Art 7(1); establishment of protected areas including representative samples of all types of ecosystems in the WIO Region (Article 8(2);with particular regard, among others, to rare or fragile ecosystems. • The system of protected areas perhaps provides the closest attempt by the SPAW in embracing the ecosystem approach, as opposed to its predominantly species approach.

  19. B. Regional Legal and Institutional Frameworks for EA contd • To its credit, the SPAW Protocol has important public awareness and information provisions, which should enable public involvement, better implementation and enforcement, as well as integration of national and regional programmes and processes. • The provisions specifically concern publicity and notification (Art.14); public information and education (Art 15); regional cooperation and mutual assistance( Art.16);scientific, technical and management research (Art 17); and exchange of information (Art. 18).

  20. B. Regional Legal and Institutional Frameworks for EA contd • The proposed revisions to the SPAW Protocol, alongside the Convention itself, provides the opportunity to re model it more towards the ecosystem approach. Apart from moving from the current title that refers to fauna and flora, it should move to “biological diversity,” and create provisions that are explicitly ecosystem approach based.

  21. B. Regional Legal and Institutional Frameworks for EA contd The Emergency Protocol • While the Emergency Protocol focuses squarely on oil spill pollution incidents of a scale that causes environmental emergencies, it is arguably ecosystem approach friendly to the extent that it seeks to protect entire sections of the marine and coastal environment from the adverse impacts of oil pollution, and especially of a large scale. • Oil pollution incidents of the nature anticipated by the Emergency Protocol may be rare, but they cause serious damage to entire ecosystems, often not discriminating any particular species.

  22. B. Regional Legal and Institutional Frameworks for EA contd • Thus the main beneficiary of the Emergency Protocol, even not explicitly stated, are the ecosystems, habitats and biological species of the entire WIO Region. • However, the proposed revisions to the Emergency Protocol could include explicit provisions to deepen the ecosystem based approach to the management of coastal and marine resources and activities in the Region, apart from the existing provisions on awareness and empowerment, and institutional provisions.

  23. C. Other Regional and sub regional Legal and Institutional Frameworks • Under this category, mention may be made of region wide projects, such as for the large marine ecosystems (for example Agulhas-Somali Current Large Marine Ecosystem (ASCLME); South West Indian Ocean Fisheries Commission (SWIOFC); and Western Indian Ocean Land Based Activities Project (WIO Lab). Others are sub regional initiatives like Indian Ocean Commission (IOC); Small Islands Developing States (SIDS), etc. • Add to these, international civil society organizations such as WWF, IUCN, WIOMSA, etc

  24. D. Conclusions • The above outlines and discussions confirm the existence of a regional legal and institutional framework for the ecosystem approach to the management of marine and coastal resources. It has both strengths and weaknesses. • A current opportunity exists in the Region to align the legal and institutional framework under the Nairobi convention to a more ecosystem friendly form. In the course of the ongoing revision, the Nairobi convention and its Protocols, particularly SPAW, as well as the development of the LBSA Protocol, should embrace the ecosystem approach.

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