EL PROGRAMA AMBIENTAL DEL CARIBE

Christopher Corbin Programme Officer

Secretariat for the Cartagena Convention

Convention for the Protection and Development of the Marine Environment

of the Wider Caribbean Region – Cartagena Convention

Legal and Administrative Challenges of Implementing a Regional MEA

Training Workshop on Environmental Legislative DraftingGeorgetown, Guyana

2-5 August 2011

OUTLINE What is the Caribbean Environment Programme?

Cartagena Convention & Protocols

Major Obligations of the Convention

Legal & Administrative Barriers to Ratification

Legal & Administrative Barriers to Implementation

Conclusion & Opportunities

Regional Seas

The Caribbean Environment Programme is one of18 Regional Seas Programmes comprising over 140 Countries

WIDER CARIBBEAN REGION

Curacao

St. Maarten

CARIBBEAN ENVIRONMENT PROGRAMME

MISSION

“To promote regional co-operation for the protection and development of the Wider Caribbean Region”

OBJECTIVE

“To achieve sustainable development of marine and coastal resources in the Wider Caribbean Region

through effective, integrated management that allows for economic growth and sustainable livelihoods”

The legal and administrative basis for the Caribbean

Environment Programme is the:

Cartagena Convention for

the Protection and Development of the Wider

Caribbean

Only Legally Binding Regional MEA for the

Protection and Development of the Marine Environment

of the Wider Caribbean Region

CARTAGENA CONVENTION

Oil Spills Protocol Adopted in 1983

Enteretd into focrce in 1986

Specially Protected Areas

and Wildlife Protocol (SPAW) Adopted in 1990

Entered into force 2000

Protocol concerning Land-Based Sources of

Pollution (LBS) Adopted in 1099

Enteretd into force in 2010

Cartagena ConventionAdopted in 1983

Entered into force 1986

CARTAGENA CONVENTIONS & PROTOCOLS

Status of Ratification of the Cartagena Convention & its

Protocols

Cartagena Convention: 25 countries

Oil Spills Protocol: 25 countries

SPAW Protocol : 13 countriesLBS Protocol: 9 countries

Unplanned Coastal Development

Land Based Sources of Pollution

Marine-based Activities

Overfishing

Habitat Destruction

Climate Change

Invasive Species

Major Environmental Threats

Major Environmental Impacts

Loss of Biodiveristy

Pollution

Flooding

The Cartagena Convention as a Regional MEA addresses several different coastal & marine environmental threats affecting

the countries of the Wider Caribbean Region.

The three Protocols to the Convention identify additional obligations for the

protection and development of the Caribbean Sea thus reducing negative

impacts to the coastal and marine environment.

CARTAGENA CONVENTIONBiodiversity

Air

Sea/River-Bed

Dumping

Land Based

Ships

• Protect marine & coastal environment from oil spill incidents

• Establish & maintain means to respond to oil spill incidents & to reduce the risks associated with such incidents

What are the Objectives of the Oil Spills Protocol?

• Protect, preserve & sustainably manage fragile areas & threatened or endangered species of flora & fauna

• Regulate &/or prohibit activities having adverse effects on protected areas & wildlife (biodiversity)

What are the Objectives of the SPAW Protocol?

• Reduce pollution through establishment of effluent & emission limitations and/or best management practices

• Exchange information on land-based pollution through cooperation in monitoring & research

What are the Objectives of the LBS Protocol?

Biodiversity

CITES

BASEL

Desertification

Climate Change

RAMSARStockholm

Cartagena

Rotterdam

Oil Spills

Not another one...

THE MEA DILEMMA – How do we implement?

Challenges to Ratification/1

• Limited financial, technical & human resources to assess implications of the MEA;

• Lack of political priority for environmental protection & sustainable development;

• Lack of interest or perceived relevance of the MEA to national priorities;

Challenges to Ratification/2

• Lack of involvement by country in the negotiation process;

• Lack of understanding of implications, benefits & costs of implementing the MEA;

• Lack of dedicated national focal points responsible for treaty acceptance;

Challenges for MEA Implementation/1

• Lack of expertise & inadequate financial/human resources to ensure compliance with obligations;

• Lack of interest or perceived relevance of MEA obligations to national priorities;

• Lack of media & public awareness/interest;

• Lack of integration of MEA obligations into national work programmes, projects & activities;

Challenges for MEA Implementation/2

• Project rather than Programme Focus by MEA enabling activities;

• Competing MEAs, projects and/or priorities;

• Lack of enabling Legislation that provides for standards, enforcement, reporting etc.

• Lack of effective administrative structure for monitoring MEA compliance;

Unique Challenges for Regional MEA

• Reduced financial support compared with Global MEAs – often lesser visibility & profile;

• Obligations cover a wide range of thematic areas - implementation requires coordination & collaboration among several agencies & may require amendments to existing policy, legislation, regulations, &/or institutional/administrative mechanisms;

Unique Opportunities for Regional MEA

• Facilitates joint implementation of a larger number of related Global MEAs;

• Responds more directly to unique national, sub-regional & regional priorities, socio-economic circumstances & political realities;

• Fosters regional cooperation in the protection of a shared resource – the Caribbean Sea;

Checklist for MEA Implementation/1

Retain drafting skills & technical expertise;Seek assistance of Convention Secretariat for technical assistance;Ensure that implementing legislation provides for institutional, policy-making & administrative tools & mechanisms;Ensure that implementing legislation provides for adequate enforcement measuresincluding incentives to promote compliance;

Checklist for MEA Implementation/2

Resolve conflict between MEA principles and domestic legislation;Ensure that the national legislation implements all of the mandatory MEA obligations;Conditions may change and provisions may become inadequate. Include provisions in thenational legislation for MEA amendments;

What direct support can be provided?

Policy & Legislative Reforms

Training & Capacity Building

Public Education & Awareness

Technology/Equipment

Solutions for “Hot Spot” problems through pilot interventions;

EL PROGRAMA AMBIENTAL DEL CARIBE

THANK YOUUNEP-CAR/RCU

14-20 Port Royal StreetKingston, Jamaica

(876) 922-9267 - phone(876) 922-9292 - faxrcu@cep.unep.org

Website: www.cep.unep.org