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Multilateral Environmental Agreements: United Nations Environment Programme Post-Conflict and Disaster Management Branch A Handbook for Afghan Officials

Multilateral Environmental Agreements - UNEP · 4 Multilateral Environmental Agreements: Abbreviations (See also the Glossary set out in Annex 1) AOSIS Alliance of Small Island States

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Multilateral Environmental Agreements:

United Nations Environment Programme

Post-Conflict and Disaster Management Branch

A Handbook for Afghan Officials

First published in Kabul in 2008 by the United Nations Environment Programme. Copyright © 2008, United Nations Environment Programme.

This publication may be reproduced in whole or in part and in any form for educational or non-profit purposes without special permission from the copyright holder, provided acknowledgement of the source is made. UNEP would appreciate receiving a copy of any publication that uses this publication as a source.

No use of this publication may be made for resale or for any other commercial purpose whatsoever without prior permission in writing from the United Nations Environment Programme.

Belinda Bowling Environmental Law and International Conventions Expert United Nations Environment Programme (UNEP) Post-Conflict and Disaster Management Branch National Environmental Protection Agency (NEPA) Darulaman, Kabul Afghanistan Tel: +93 (0)799 208 721 E-mail: [email protected] Web: http://www.unep.org

DISCLAIMER

The contents of this volume do not necessarily reflect the views of UNEP, or contributory organizations. The designations employed and the presentations do not imply the expressions of any opinion whatsoever on the part of UNEP or contributory organizations concerning the legal status of any country, territory, city or area or its authority, or concerning the delimitation of its frontiers or boundaries.

Design and Layout: Rachel Dolores

Table of Contents

Abbreviation Table ............................................................................................................... 4Author’s Note ........................................................................................................................ 7

1 Introduction ..................................................................................................................... 7

2 Overview of MEAs ............................................................................................................ 82.1 The Meaning of the Term ‘MEA’ ....................................................................... 82.2 Historical Development of MEAs ..................................................................... 82.3 Different Types of MEAs ................................................................................... 92.4 General Structure of MEAs .............................................................................. 92.5 How an MEA Enters into Force ...................................................................... 102.6 MEA Clustering .............................................................................................. 122.7 How MEAs Adapt and Evolve ........................................................................ 132.8 Benefits of Being a Party to an MEA .............................................................. 13

3 Implementation of MEAs ................................................................................................ 163.1 Overview ..................................................................................................... 163.2 Compliance with MEAs ................................................................................ 163.3 Enforcement of MEAs .................................................................................... 18

4 Description of the MEAs relevant to Afghanistan ........................................................... 214.1 Convention on Biological Diversity ............................................................... 214.2 United Nations Convention to Combat Desertification in those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa .. 234.3 United Nations Framework Convention on Climate Change ........................ 244.4 Convention on International Trade in Endangered Species of Fauna and Flora ....................................................................................... 264.5 Vienna Convention for the Protection of the Ozone Layer............................ 274.6 Montreal Protocol on Substances that Deplete the Ozone Layer ................. 284.7 Convention on the Conservation of Migratory Species of Wild Animals ....... 304.8 Ramsar Convention on Wetlands of International ImportanceEspecially as Waterfowl Habitat ................................................. 314.9 Basel Convention on Transboundary Movement of Hazardous Wastes and their Disposal ....................................................... 334.10 Rotterdam Convention on Prior Informed Consent ....................................... 344.11 Stockholm Convention on Persistent Organic Pollutants .............................. 35

5 Participation in MEA Meetings and Negotiations ........................................................... 385.1 Preparation for Meetings .............................................................................. 385.2 What to Expect at a Meeting ........................................................................ 385.3 Political Background to Negotiations: Regional and Negotiating Blocks ..... 405.4 Particular Challenges for Developing Country Coalitions ............................ 425.5 Reporting Back to the Afghan Government ................................................. 43

Annex 1: Glossary of Commonly Used MEA Technical Terms .............................................. 44Annex 2: Checklist for an MEA Negotiator .......................................................................... 52Annex 3: Useful MEA Internet Sites ...................................................................................... 53

4 Multilateral Environmental Agreements:

Abbreviations

(See also the Glossary set out in Annex 1)

AOSIS Alliance of Small Island States

Basel Convention Basel Convention on Transboundary Movement of Hazardous Wastes and their Disposal

CBD Convention on Biological Diversity (also referred to as UNCBD)

CFCs Chlorofluorocarbons

CHM Clearing house mechanism (under the CBD)

CITES Convention on International Trade in Endangered Species of Wild Fauna and Flora

CMS Convention on Migratory Species of Wild Animals

COP Conference of the Parties

COW Committee of the Whole

DNA Designated National Authority

EC European Commission

EU European Union

FAO Food and Agriculture Organisation of the United Nations

G-77 Originally the Group of 77 developing countries established in 1964 at the first session of UNCTAD. Now 133 developing States.

GEF Global Environment Facility

GHG Greenhouse gas

ICIMOD International Centre for Integrated Mountain Development

INC Intergovernmental Negotiating Committee

IPCC Intergovernmental Panel on Climate Change

JUSCANZ Non-EU industrialised countries coalition (Japan, the US, Canada, Australia, New Zealand, Iceland, Mexico, Norway and Switzerland)

LDC Least developed country

MAIL Ministry of Agriculture, Irrigation and Livestock

MEA Multilateral Environmental Agreement

MoFA Ministry of Foreign Affairs

Montreal Protocol Montreal Protocol on Substances that Deplete the Ozone Layer

MOP Meeting of the Parties

NAP National Action Plan (under UNCCD)

NAPA National Adaptation Plan of Action

NBSAP National Biodiversity Strategy and Action Plan

NCSA National Capacity Needs Self-Assessment for Global Environmental Management

NEPA National Environmental Protection Agency

NGO Non-governmental organisation

NOU National Ozone Unit

5A Handbook for Afghan Officials

OECD Organisation for Economic Cooperation and Development

Ozone Treaties The Vienna Convention and Montreal Protocol

PIC Prior informed consent

POPs Persistent organic pollutants

PrepComs Preparatory committees

Ramsar Convention Ramsar Convention on Wetlands of International Importance especially as Waterfowl Habitat

Rotterdam Convention Rotterdam Convention on Prior Informed Consent

Stockholm Convention Stockholm Convention on Persistent Organic Pollutants

UNCBD United Nations Convention on Biological Diversity (or Biodiversity Convention)

UNCCD United Nations Convention to Combat Desertification

UNCED United Nations Conference on Environment and Development (or Earth Summit, 2002)

UNDP United Nations Development Programme

UNEP United Nations Environment Programme

UNESCO United Nations Education, Scientific and Cultural Organisation

UNFCCC United Nations Framework Convention on Climate Change (or Climate Change Convention)

UNICEF United Nations Children’s Fund

UNIDO United Nations Industrial Development Organisation

UNOPS United Nations Office for Project Services

Vienna Convention Vienna Convention on the Protection of the Ozone Layer

WCS Wildlife Conservation Society

WEOG Western Europe and Others Group

WMO World Meteorological Organisation

WWF Worldwide Fund for Nature

6 Multilateral Environmental Agreements:

Author’s Note

This handbook draws from five existing United Nations Environment Programme (UNEP) publications, namely the Guide for Negotiators of Multilateral Environmental Agreements, Compliance Mechanisms Under Selected Multilateral Agreements, Glossary of Terms for Negotiators of Multilateral Agreements, Negotiating and Implementing MEAs: A Manual for NGOs, and the Manual on Compliance with and Enforcement of MEAs.

This handbook has been produced in both Dari and English and is an output of UNEP’s Programme for Institutional and Capacity Building for Environmental Management in Afghanistan, which was initially implemented in 2003 and is funded by the European Commission, the Government of Finland and the Global Environment Facility.

The intended audience for this handbook is the Government of the Islamic Republic of Afghanistan, particularly officials from the National Environmental Protection Agency, the Ministry of Agriculture, Irrigation and Livestock and the Ministry of Foreign Affairs.

Belinda Bowling March 2008

The UNEP Capacity Building and Institutional Development Programme for Environmental Management in Afghanistan is funded by the European

Commission, the Government of Finland and the Global Environment Facility.

7A Handbook for Afghan Officials

1 Introduction

Neither environmental resources (such as wildlife species and forests) nor environmental problems (such as air or water pollution) respect the political and administrative boundaries imposed by humans on the Earth that we all inhabit. As a result, many aspects of environmental management are regional or global in nature and need to be governed accordingly. Multi-lateral environmental agreements (MEAs) or environmental conventions or treaties, are the main vehicles used by governments across the globe in order to achieve this.

The United Nations Environment Programme (UNEP) has developed this handbook as a reference tool for Afghan government officials attending international environmental meetings on behalf of

the government, as well those officials responsible for compliance with, and enforcement of, MEAs within Afghanistan.

This handbook covers all introductory aspects of MEAs, including:

• What MEAs are;

• How MEAs are implemented;

• An overview of the MEAs to which Afghanistan is already Party, or those to which it intends to become a Party; and

• Provision of guidelines for participating in MEA international meetings and negotiations.

The Annexes include a glossary of MEA terms, a checklist for MEA negotiators and a list of useful MEA websites.

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Air pollution is an urban environmental problem in Kabul. It is also a regional and international problem, and is an example of an environmental problem that fails to respect borders and geographic boundaries.

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2 Overview of MEAs

This section provides a basic outline of the nature and scope of MEAs. It includes: The meaning of the term, an overview of the different types of MEAs in place, the legal nature of MEAs, their administrative structure and how MEAs evolve to adapt to new challenges and developments.

2.1 The Meaning of the Term ‘MEA’

A multilateral environmental agreement is a legally binding agreement between two or more countries containing commitments to meet specific environment-related objectives.

Two elements of the definition are important to understand:

• Legally binding: MEAs are legal instruments. They bind the countries that have agreed to become a Party through ratification or accession. Countries that have signed but have not yet ratified an MEA are nonetheless expected not to do anything that could affect the aims and purposes of the agreement. MEAs are not declarations of intention but are rules of international law. As such, an MEA is a powerful tool for the implementation of policies with environmental protection and sustainable development goals.

• Between two or more nation States: The better-known environmental agreements are multilateral in the sense that they involve many nations and generally deal with broad aspects of environment (e.g. climate, biodiversity etc.). However, the term MEA can refer to any treaty between two or more nations if, and when, it deals with direct environmental objectives.

2.2 Historical Development of MEAs

MEAs, in some form, have been in place for about a hundred years. However, most have developed in the last three decades, especially since the 1972 International Stockholm Conference on Human Environment. Some studies conservatively estimate that approximately 700 MEAs are currently in place. Their proliferation is mainly due to an appreciation of the gravity of environmental

problems facing our planet today (largely as a result of human activity), plus a growing understanding that environmental issues are often not only local in nature, but also regional and global. Therefore, the solutions and tools to deal with them should also be regional and global in their scope.

The first MEAs were quite different from ones signed and coming into force of recent years. They were usually aimed at protecting a particular species, e.g. a species of fauna, such as the snow leopard. Earlier agreements also tended to deal with one particular media, for example, oceans. However, over time and as appreciation of the interlinked nature of ecological processes developed, such sectoral approaches were gradually abandoned in the quest for more integrated considerations and, as a consequence, more integrated mechanisms and solutions.

That said, MEAs remained sectoral until the early 1990s in the sense that they did not incorporate specific sustainability approaches and only dealt with environmental protection or conservation. While the first generation of MEAs were use-oriented, the more recent ‘second generation’ took a more holistic approach, focusing on sustainable development and sustainable use of natural resources. The later MEAs were born out of the United Nations Conference on Environment and Development (UNCED) in 1992 (otherwise known as the ‘Earth Summit’ or ‘Rio Conference’) where governments across the globe acknowledged the interaction between society and biophysical problems, and began to recognise intimate links between development and the environment. Recent MEAs fully concede these aspects as crucial.

The Earth Summit was held in Rio de Janeiro, Brazil in 1992 and was attended by government representatives from approximately 180 States, including Afghanistan. Two new conventions were opened for signature here – 1) The UN Framework Convention on Climate Change (UNFCCC), which is sectoral in that it deals with climate and the atmosphere but also recognises the broader impacts of climate change on ecosystems, food production and sustainable development; and 2) The Convention on Biological Diversity (CBD), which seeks to bring together agriculture, forestry, fishery, land use and nature conservation in new

9A Handbook for Afghan Officials

ways. A third convention was adopted after the Conference: 3) The UN Convention to Combat Desertification (UNCCD), which aims to combat desertification and mitigate the effects of drought. These three conventions are often referred to as ‘the Rio Conventions’.

2.3 Different Types of MEAs

There are five main categories of MEAs. However, it should be noted that an MEA can fall into more than one category (for example, the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is both a multilateral MEA and an appendix-driven one).

1) Global or Multilateral MEAsThis type of MEA have been signed by the majority of the world’s States. Examples include the Convention on Biological Diversity (CBD) and the Desertification Convention (UNCCD).

2) Bilateral MEAsAn agreement between two countries concerning an aspect of environmental management. An example is the Treaty between Argentina and Chile on the Environment (1991).

3) Regional MEAsThese MEAs are restricted to a specific geographical region. For example, the Bamako Convention on the Ban of the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Waste within Africa (1991).

4) Framework MEAsThis type of MEA require further agreements (protocols) to provide the necessary standards, procedures and other requirements to implement the MEA effectively. An example is the Climate Change Convention (UNFCCC).

5) Appendix-driven MEAsThese agreements rely heavily on appendices for their operation. CITES and CMS are two examples. Appendix I of CITES includes species under threat of extinction, so international trade in these species is permitted only in exceptional circumstances. Appendix II

of CITES includes species not necessarily threatened by extinction, but whose trade must be controlled in order to avoid utilisation incompatible with their survival. Appendix III of CITES includes species protected in at least one State, which has requested other CITES Parties for assistance in controlling the trade.

2.4 General Structure of MEAs

Most MEAs include a series of structures that facilitate their implementation and also run the activities that arise out of the agreement. Although there might be more institutional arrangements than these listed, the following outline the basic organisational compositions that are set up after an MEA is adopted.

• Secretariat: Secretariats undertake the day-to-day activities of coordinating the implementation and make arrangements for the meetings of the Conference of the Parties (COP). Secretariats provide support for the MEA Parties in tasks such as:

– Reporting on compliance;

– Upholding information systems related to the Convention and the issues it deals with;

– Employing or fostering financial mechanisms for projects dealing with MEA implementation; and

– Assisting and servicing the periodic meetings of the COP or Meeting of the Parties (MOP) for protocols or regional agreements.

• Conference of the Parties (COP): Countries that ratify after adoption and signature or accede to a particular international agreement, are called Parties. They meet periodically through Conferences of Parties to assess different aspects and implementation of MEAs. The goals of these conferences include:

• Appraising the implementation process of an MEA at the national levels. This is done by evaluating all reports, submitted by different national governments, to the COP;

• Deliberating on all aspects of the MEAs;

10 Multilateral Environmental Agreements:

• Resolving new or additional issues that need to be settled for the implementation of the MEA;

• Revising the treaty when, and if, necessary.

• Meeting of the Parties (MOP): A MOP is similar to a Conference of the Parties. The term ‘MOP’ is used to describe meetings to the Montreal Protocol (substances that deplete the ozone layer), in order to distinguish these meetings to the framework conventions themselves (the Vienna Convention in the case of the Ozone Treaties). A MOP will often be held in conjunction with a COP.

• Scientific body: Formal scientific bodies authoritatively accompany MEAs. They provide a more comprehensive evaluation of how the environmental issue that the MEA deals with is being confronted, as well as exploring scientific and technical issues related to the agreement’s issues. Although nominated by Parties (i.e. countries that are a part of the treaty), a MEA’s scientific group acts independently by providing its own assessments as well as neutral advice.

• Ad hoc groups: These groups may be created to address specific issues of concern that require focused attention. For example, an ad hoc Technical Expert Group on Biological

Diversity and Climate Change was established to consider ways to promote synergies at the national level between the UNFCCC and the CBD when implementing climate change activities, as well as their relation to the conservation and sustainable use of biodiversity.

The following institutional terms are relevant to COP and MOP meetings:

• Plenary: The main meeting of the COP or MOP. At plenary meetings, each delegation is represented and all delegates sit in a single large room. State representatives have an opportunity to address the Convention. All votes take place in the plenary meeting.

• Bureau: A Bureau may oversee the running of a COP or MOP. Bureaus are usually made up of members from each of the different regional blocs.

• Informal Bodies: The President of the COP or the Chair of a subsidiary body may establish ‘informal consultations’ (or other groups) to help find consensus among the diverse interests of MEA Parties.

Further relevant terms are set out in Annex 1 which contains a glossary of MEA terms.

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Zahid Ullah Hamdard, Afghanistan (right), noted assistance from UNEP, Germany and others in the preparation of his country’s national phase-out plan. 18th Meeting of the Parties to the Montreal Protocol (MOP-18), 3 November 2006, New Delhi, India

11A Handbook for Afghan Officials

2.5 How an MEA Enters into Force

All MEAs differ in scope and substance. Nevertheless, they tend to be formulated through a similar process that moves through five distinct stages, namely: pre-negotiation, negotiation, adoption and signature, ratification and accession, and entry into force.

• Pre-negotiation phase In the pre-negotiation stage, national governments or intergovernmental organi-sations set out to address environmental issues that have implications beyond national boundaries, or those issues of global concern. The first step involves deciding if there is a need for action, and whether joint action is feasible. Informal or formal consultations at this stage can take place at the national, regional or international level.

Scientific analysis is usually a key component of pre-negotiation analysis. Intergovernmental organisations may call for the creation of a scientific body to investigate a particular issue. For instance, in 1988 UNEP and the World Meteorological Organisation (WMO) called for the creation of the Intergovernmental Panel on Climate Change (IPCC) to provide independent scientific analysis concerning the rising threat of climate change. The IPCC’s findings, set out in its First Assessment Report in 1990, provided the scientific basis for the negotiation of the UN Framework Convention on Climate Change.

The pre-negotiation phase also involves the assessment of existing legal regimes. This often includes a review of national laws and regulations, as well as binding and non-binding international agreements that address similar environmental issues.

• Negotiation phase The negotiation process begins with the establishment of a negotiating structure. Negotiating structures usually arise when international bodies, such as UNEP, convene an Intergovernmental Negotiating Committee (INC). Before negotiations begin, preparatory committees (PrepComs) may be established to address issues of procedure and cost.

When this process is concluded the INC may organise an ad hoc conference, specifically designed for the purpose of negotiating an agreement. Intergovernmental organisations often provide Secretariats to oversee ad hoc conferences. This was the case in the negotiations of the 1998 Convention on Prior Informed Consent, where UNEP and FAO jointly provided a Secretariat.

The INC may also establish subsidiary bodies, such as a Bureau to help organise the negotiating process or working groups to focus on specific negotiating issues. If rules of procedure were not agreed upon during the preparation process, the ad hoc conference’s first order of business may be to create procedural rules to help guide the negotiation process itself. In the ad hoc conference, participants may engage in ‘formal’ and ‘informal’ negotiations. Formal negotiations take place primarily in the plenary body where all Parties are present. Informal negotiations, in contrast, occur largely behind closed doors with smaller groups of key players.

• Adoption and signatureUpon conclusion of the negotiation phase, attention shifts to the next phase – adoption and signature. The formal adoption and signing of an MEA may take place at either a diplomatic conference or a conference of plenipotentiaries. An enabling decision is adopted by the convening body (e.g. the UN or a specialised agency like UNEP), which details the purpose, dates, and venue of the adoption and signature conference. As in the negotiation phase, the adoption and signature conference is guided by established procedural rules. However, in practice, Parties enter into an agreement to extend the procedural rules that were applied to the negotiating sessions. In theory, a conference for adoption and signature could be convened just hours after the completion of negotiations. However, in practice, these conferences take place some time after the conclusion of negotiations. This allows time for both the INC secretariat to prepare necessary documents, and for negotiators to report the results of the negotiations to their respective governments.

12 Multilateral Environmental Agreements:

• Ratification and accessionOften MEAs allow countries to sign agreements ‘subject to ratification’. Governments are then given time to internally consider their formal position on the agreement. The process of ratification ensures that country representatives have not overstepped their authority in negotiating the MEA. By ratifying an agreement (by depositing an ‘instrument of ratification’) a country formally declares its consent to be bound by the MEA’s terms. Typically, there is a formal period of time for which an agreement is open for ‘ratification’ by the governments signing. However, in certain instances the actual signing of an MEA may amount to ratification. For this reason any country representatives attending an adoption and signing conference should have the full authority of their governments to adopt and sign the MEA being agreed.

Accession is fairly similar to ratification. If a country seeks to make a formal commitment to the MEA after the allotted timeframe for ratification has expired, this is termed as ‘accession’. At the national level, each country determines its own internal ratification process for international agreements. Hence different countries may use different terminology for the process of ratification. The ‘depositary’ takes custody of the original treaty text and collects any documents relating to it (signatures, ratifications, accessions, reservations, notifi-cations and other communications). The depositary then examines whether the documents presented are in proper form and if the conditions required for the entry into force of an instrument have been met.

• Entry into force During the pre-negotiation or negotiation phases, Parties will agree to specific rules regarding entry into force of the MEA. Most MEAs employ a system in which entry into force depends on a required number of ratif ications, acceptances, approvals or accessions received. This ensures the achievement of a critical mass of participating States so that the Parties committing to the agreement are capable of realising its goals and objectives. Normally, MEAs require anywhere from 20 to 30 percent participation of potential Parties. Another trend with environmental agreements

has seen entry into force linked with the mandatory participation of certain Parties.

The 1997 Kyoto Protocol to the United Nations Framework Convention on Climate Change represents an example of this strategy. The Kyoto Protocol made two requirements for entry into force. These were:

• Ratification by at least 55 Parties to the UNFCCC; and

• Ratification by Annex I Parties (developed country Parties) accounting for at least 55 percent of the total 1990 level of carbon dioxide emissions from all developed country Parties listed in Annex I.

Both requirements had to be met before the Protocol could enter into force. This level of participation was designed to ensure that major developed countries participated. It was also designed to ensure broad participation in recognition of the economic implications of ratification and compliance with Kyoto’s emission reduction targets.

Once an MEA ‘enters into force’ it takes legal effect and implementation begins. As implementation goes forward there may be a need to adapt the MEA’s institutions, mechanisms and approaches to be able to adapt to changes in science and knowl-edge, or to build upon the progress that has been achieved through the negotiation of new decisions, amendments, annexes, appendices or protocols.

Multilateral environmental agreements must conform to international public law (as must all international instruments of this type). The compliance is guided by the 1969 Vienna Convention on the Law of Treaties. This treaty, which entered into force in 1980, prescribes the components and general guidelines for the development, negotiation and adoption of international treaties.

2.6 MEA Clustering

After beginning to work with MEAs it becomes apparent that there is a vast degree of fragmentation, and yet – at the same time – a great deal of overlap among them. The overlaps,

13A Handbook for Afghan Officials

fragmentation, and proliferation of MEAs have resulted in the following obstacles:

• Increasing ‘double-work’ causing potential conflict or confusion between different MEAs;

• Increasing requests for coordination among and between different MEA structures; and

• Increasing funding required by developing countries and non-State actors to participate in the different MEA-originated systems.

To resolve these obstacles, calls have been made for a ‘clustering’ approach. The general idea is that by conceptually grouping MEAs or integrating agreements according to different variables, an improved and more robust system of international governance will result.

A clustering approach could conceivably address fragmentation issues and also harness synergies between MEAs to improve implementation processes. This could be particularly beneficial in countries with limited technical, human and financial resources, like Afghanistan.

MEAs can be divided into several clusters:

• Biodiversity-related conventions (including CBD, CITES, Ramsar Convention and CMS),

• Climate change conventions (UNFCCC),

• Chemicals and hazardous wastes conventions (including the Ozone Treaties, Basel Convention,

Stockholm Convention (POPs) and Rotterdam Convention).

• Land conventions (UNCCD),

• Marine pollution MEAs (although these are not relevant for a landlocked country like Afghanistan).

Because Afghanistan is a natural resource dependent country, and (on a global scale) not industrialised, the Afghan Government has taken a policy decision to pursue the biodiversity cluster of MEAs first. Accordingly, the process of accession to Ramsar and CMS is currently underway. MEA-enabling activities are being implemented in relation to the biodiversity cluster, as well as for climate change and land clusters (which are all interlinked). In due course, Afghanistan will begin focussing on the chemicals cluster.1

2.7 How MEAs Adapt and Evolve

MEAs address the complex issues that evolve over time as a result of our increased understanding of various issues, political and social pressures, and other factors. For this reason, MEAs – like the laws governing a country – must be able to respond to changes in science and knowledge, build upon any progress achieved, and adapt to new challenges in order to still achieve their objectives.

1 The Ozone Treaties are a special case due to the large amount of funding available to Afghanistan, and the specific time limits imposed for the global phase-out of ozone depleting substances.

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A plenary view of the closing section of sixth meeting of the Ad Hoc Open-ended Working Group on Access and Benefit-sharing under the Convention on Biological Diversity, 2008.

14 Multilateral Environmental Agreements:

Two broad methods exist by which MEAs can adapt to changing circumstances:

• Negotiation of decisions or amendments to adjust an MEA’s content; and

• The negotiation of new, independent agreements that can extend the scope or reach of the current agreement (e.g. new protocols, new annexes, or new appendices).

Firstly, Parties to an MEA may decide to adjust the MEA’s scope through the adoption of decisions or amendments. Some ‘adjustments’ may only require a majority vote in order for them to become binding on all Parties. For example, the Montreal Protocol includes a provision to allow for a two-thirds majority vote on amendments if Parties fail to reach consensus. CITES allows for the listing of a species in two of its Appendices upon a two-thirds majority vote. However, once an amendment is agreed it may not enter into force and become effective until it goes through a new process of ratification by each Party (or by a certain number of Parties). The text of the MEA itself usually provides rules for the adoption of decisions and amendments.

Secondly, if amendments or adjustments are insuf-ficient to respond to changing circumstances, the Parties may decide to create new agreements to advance an MEA’s objectives. These agreements are called protocols. Protocols retain a strong link

Example: The 1985 Vienna Convention on the Protection of the Ozone Layer

In 1985, scientific concerns about damage to the ozone layer prompted governments to adopt the Vienna Convention on the Protection of the Ozone Layer, which established an international legal framework for action. Two years later, in 1987, international negotiators met again to adopt legally binding commitments in the Montreal Protocol on Substances that Deplete the Ozone Layer. The Montreal Protocol required industrialised countries to reduce their consumption of chemicals harming the ozone layer and set timeframes for phasing out these chemicals. As a result of changing conditions and increased information during the Montreal Protocol’s implementation, additional requirements have been added through amendments adopted in London (1990), Copenhagen (1992), Montreal (1997) and Beijing (1999).

to existing MEAs, but in reality serve as independent and autonomous agreements. MEAs often utilise protocols to regulate a specific aspect of a larger environmental concern. An example is the 1985 Vi-enna Convention and its 1987 Montreal Protocol (see example below). States that are a Party to the parent Convention are not obliged to become Parties to new protocols – unless the convention stipulates they must do so. In some cases, non-Parties can voluntarily comply with requirements set out in protocols.

2.8 Benefits of Being a Party to an MEA

The key benefits of an MEA are usually environ-mental, but may also be economic, socio-political, and administrative. The clearest benefits usually relate to the specific goals set out in the MEA itself. Thus, CITES seeks to ensure that no wildlife species becomes or remains subject to unsustainable exploitation through international trade, but it also allows legitimate trade and scientific research; the Basel Convention seeks to protect human health and the environment from illegal transboundary movements and disposal of hazardous waste; and so forth. In addition to these MEA-specific benefits, there are some general benefits of ratifying, implementing, complying with, and enforcing MEAs – and also costs associated with not complying.

• Protecting public health and the environment: MEAs have a range of environmental and public health benefits, the specifics of which vary from MEA to MEA and State to State. These benefits tend to be both short and long-term.

• Improving governance: In addition to providing substantive norms of environmental protection, many MEAs improve environmental governance, as well as generally promoting transparency, participatory decision-making, accountability and conflict resolution. Moreover, MEAs often seek to avoid or limit resource-driven conflicts by promoting equitable arrangements – an example being access to fresh water within an international watercourse basin (such as the Sistan Wetlands).

• International political comity and respect: Most MEAs address environmental and public health challenges that are shared by multiple nations. Many countries contribute to the

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problem, and many suffer the consequences. Although the problems could arise and affect just one nation, sometimes the States causing the harm are different from those most affected. In most instances it is necessary for the international community to unite to find a solution to the challenge. Those States who do not engage in a dialogue on the problem in good faith – or who engage, but do not undertake good faith efforts to ratify, implement, and enforce the MEA – risk international criticism. This can undermine the State’s credibility and erode the willingness of other States to take action on different, unrelated matters such as trade, development, security, or social issues. The United States’ failure to ratify the Kyoto Protocol to the Climate Change Convention is an example in point.

• Solidarity: States may wish to become a Party to an MEA to support other nations in the environmental challenges they face. In such instances, the particular goals of the MEA might be noble, worthy and of great importance to the other States (for example, those in the same region), but may be of low domestic priority to the signatory.

• Financial assistance: Often, a State needs to be a Party to an MEA in order to access funding from the MEA Secretariat, from multilateral sources (such as GEF), and from certain bilateral sources. Moreover, if a State is not complying with an MEA it could jeopardise existing funding.

• Technical assistance and networking: In addition to financial assistance, MEAs can also facilitate technical assistance, for example through technology transfer. Additionally, MEA Secretariats often build capacity of governmental authorities to implement the MEA by fostering regional and global networks through which members share experiences.

• Long-term economic benefits: Analysis by the Organisation for Economic Cooperation and Development (OECD), the World Bank and others indicate that in most instances it is economically preferable to develop within the context of environmental regulation. Otherwise, States may be forced to make large expenditures to redress environmental and

public health consequences of environmental neglect. Thus, while the priority of many States may be for development, participation in MEAs can enhance the long-term sustainability of development initiatives. To the extent that MEAs contribute to a State’s ability to address environmental issues early on could actually result in a cost-reduction in the long-term, since it is often less expensive to prevent environmental harm than to address that harm after the fact.

• Trade: In certain instances, MEAs contain provisions that impose obligations on Parties regarding trade with non-Parties. Both the Montreal Protocol and CITES are examples of MEAs containing provisions of this type.

• Fa c i l i t a t i n g c h a n g e s i n d o m e s t i c environmental law: While environmental problems may be evident, a government or parliament is sometimes reluctant to develop the necessary laws and institutions to address them. Environmental concerns are often viewed as ‘secondary,’ or the State might not want to put domestic businesses at a competitive disadvantage. In this context, an MEA can elevate the international importance of a particular environmental problem, providing additional political motivation domestically (as well as internationally) to address the problem. Moreover, the specific provisions of the MEA can provide a common, basic framework for the State to follow when developing measures to address the problem. Such a common framework could help to ameliorate concerns of competitive disadvantage, and thereby facilitate domestic legislative development.

MEAs are international written agreements signed into force by representatives of various Governments.

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3 Implementation of MEAs

This section will broadly outline the general implementation requirements of MEAs, including compliance and enforcement.

3.1 Overview

Governments and regional organisations have taken on a series of international commitments by signing and ratifying MEAs. Yet, purely adopting an MEA is not sufficient. Efforts need to be made to apply these norms and to employ practices that result in environmental improvements.

Once a country becomes a Party to a multilateral environmental agreement, it should commence implementation and enforcement efforts. These are of two broad types:

• Substantive: Moving toward employing specific measures that improve the particular environmental issue committed to in a particular MEA (e.g. land degradation in terms of UNCCD);

• Procedural: Meeting with the procedures established by the MEA, such as reporting on the status of national implementation (e.g. development of the Third National Report under CBD).

Often, the implementation of MEAs indicates that States must approve specific types of national laws and policies, as well as adapt certain national institutions and adopt certain standards. It is in this arena that implementation and compliance factors come into play. These terms can be defined as follows:

• Compliance: Means the fulfilment by the contracting Parties of their obligations under a MEA; and

• Enforcement: Means the range of procedures and actions employed by a government to ensure that organisations or persons, potentially failing to comply with environmental laws or regulations implementing MEAs, can be brought or returned into compliance, or punished through civil, administrative or criminal action.

3.2 Compliance with MEAs

Although negotiations leading to an MEA’s adoption and the careful drafting of its provisions are vital elements in ensuring its enforceability, the ultimate responsibility for complying with an MEA’s terms generally rests with the Parties. Implementation at the national level is at the core of an MEA’s effectiveness, and each Party to an MEA is responsible for complying with the obligations it imposes and for taking the necessary measures to bring about that compliance.

There are a variety of measures and approaches a government can take to ensure it meets its compliance obligations under an MEA. These measures cover a wide range of activities, from formal institutional and legal review to public awareness campaigns. Further examples are set out below:

• Compliance plansThese provide an overview of the compliance requirements of a MEA (or group of MEAs), as well as the development of appropriate benchmarks.

• Implementing laws and regulationsThe development of such laws and regulations is among the most vital steps a Party will take to comply with an MEA. Depending on its governmental structure however, a State may encounter difficulties in ensuring the necessary laws are enacted. Moreover, some developing countries (like Afghanistan) find it a challenge to enact all the necessary legislation to come into compliance with the different MEAs to which they are a Party, due to limited enforcement and technical capacity.

• National implementation plansThese are useful for mainstreaming an MEA’s obligations into domestic legal, policy and institutional frameworks, and usually identify policies, programmes and plans in related sectors through which specific measures may need to be taken for the MEA to be effectively implemented. For example, long-term national development plans in various States (including Iran), which articulate a national vision for economic, social and environmental developments now also highlight environmental issues and MEA obligations too.

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• Enforcement programmes and frameworks Governments es tabl i sh enforcement programmes to deter, punish and redress violations. Deterrence is particularly important. An effective enforcement programme can help to create an atmosphere in which people are stimulated to comply because the government, through its various agencies, has demonstrated a clear willingness and ability to act when non-compliance is detected.

• Designation of national focal points Parties to an MEA often designate one or more focal points to be responsible for the MEA. There are two types of focal points – political and technical. The political focal point is usually responsible for the international processes, such as negotiating MEAs and participating in COPs. Most States designate their Ministry of Foreign Affairs (or a similar body) as the political focal point. The technical focal point often bears the responsibility for implementing the MEA at a national level. Most States designate as the head of the nation’s Environment Agency as their technical focal point. Other government

management and scientific authorities or agencies may also serve as focal points for specific purposes under particular agreements.

Checklist for Developing National Implementation Plans

In developing a National Implementation Plan for a specific MEA, Afghanistan may wish to:

• Identify the relevant governmental and non-governmental stakeholders with an interest in the MEA. These stakeholders should include anyone who is either affected by, or is otherwise interested in the MEA or its implementation.

• In a broad, participatory and transparent manner discuss the requirements of the MEA with the relevant governmental agencies, ministries, authorities, as well as the relevant stakeholders – to decide what measures may be necessary to implement it. All stakeholders should be engaged early on in the process while options are still open, to identify and respond to potential challenges and to build broad ownership of the final plan.

• Identify the requirements, obligations and rights of an MEA. These may be specific or general, mandatory or advisory, and often include a combination of such requirements.

• Identify the resources available to assist in implementing the MEA. These could relate to legal, policy, scientific, technical, educational, financial and other aspects of implementation. Personnel resources can include local and foreign experts in government, the private sector, NGOs, universities, as well as experts from international organisations. In particular, States should identify the types of assistance (financial, technical, advisory, etc.) that may be available through the Secretariat, COP, or other MEA-based body. This can include funding mechanisms and technology transfer, etc.

• Assess the likely impacts of the MEA on economic growth, development, investment and international trade.• Assess the likely impacts of the MEA in catalysing or strengthening domestic (national and local)

environmental protection and management initiatives.• Identify the existing national and sub-national legal, policy, and institutional frameworks that relate to the

MEA. In addition to the obvious frameworks, a particular MEA may well touch on other sectors, such as transportation, energy, land use, industries, etc.

• Identify potential barriers to effective implementation. These may be legal, policy, or institutional, as well as cultural, religious, or social.

• With reference to the potential barriers, identify potential mandatory (‘command-and-control’) and voluntary (e.g. market-based) mechanisms that could facilitate implementation.

Some Online Sources of MEA Focal points

• CBD Focal Points http://www.biodiv.org/world/map.asp

• CITES Focal Points http://www.cites.org/common/directy/e_directy.html

• Stockholm Convention on Persistent Organic Pollutants (POPs) http://www.pops.int/documents/focalpoints/

• UNCCD Focal Points http://www.unccd.int/focalpoints/focalpoints.php

• UNFCCC Focal Points http://unfccc.int/resource/nfp.html

• Coordinating and strengthening national institutionsCoordination among departments and agencies at different levels of government can be undertaken when preparing and implementing national plans and programmes for implementation of MEAs. The institutions concerned with the implementation of MEAs can

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be established or strengthened appropriately in order to increase their capacity for enhancing compliance. This can be done by strengthening the enabling laws and regulations and by establishing information and communication networks, technical skills and scientific facilities.

• Involve stakeholders, local communities, women and youth Local communities, business and industry, and NGOs can all play an important role in promoting the implementation of an MEA and they often have expertise that can enhance the capacity of a State to meet its obligations (such as offering training or technical assistance). States that consult and involve these ‘stakeholders’ in implementation efforts have access to a greater range of resources for promoting compliance.

• Utilise media tools and improve public awarenessOne of the most effective tools in promoting compliance is public awareness, especially through the news media. In an increasingly globalised economy, information is one of the most important tools that can be employed to effect change, particularly where individual purchasing and lifestyle decisions can drive illegal markets or shape legal markets. Accordingly, a raised public awareness can be important for everything from trade in protected species, ozone-depleting substances, making lifestyle decisions with implications for climate change, to planning decisions affecting wetlands and habitats for migratory species.

• Capacity building and technology transfer Developing countries, like Afghanistan, face special challenges in meeting their obligations under MEAs. Even with the best intentions, such countries can fall short of full compliance and enforcement due to insufficient financial resources, a lack of scientific or technical knowledge, an underdeveloped legal and enforcement infrastructure, and other related problems. Capacity building and technology transfer are critical tools without which developing countries will remain disadvantaged and unable to reap the environmental, social and economic benefits offered by full compliance with MEAs. Capacity building assistance has been made available to countries by a number of international organisations, including: UNEP, UNDP, UNIDO, the World Bank, FAO and UNICEF. Recently, non-governmental bodies and some advanced countries have also become active in this sphere.

3.3 Enforcement of MEAs

Because environmental enforcement has its foundation in action at the national level, States can – and should – take into account the unique nature of their legal system, as well as their culture and institutional capacity in designing and adopting enforcement measures. An effective national environmental regime will require well-developed laws and regulations, a sufficient institutional framework, national coordination, training to enhance enforcement capabilities, and public environmental awareness and education.

An environmental regime can use many different tools. For the purposes of this handbook, these tools are classified into three broad groupings: legal, economic, and voluntary tools. Each of these groups are discussed in turn below.

• Legal ToolsLegal tools include codified laws, regulations, procedures, policies, and other legal instruments. In order to be effective in fostering compliance, environmental requirements in laws need to be enforceable. That is, they need to be clear, feasible, offer sufficient sanctions, and be implemented with adequate notice. By considering enforceability throughout the process of developing environmental requirements, A Climate Change walkathon took place in Beirut on December 9, 2007.

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policymakers can help make the requirements as effective as possible. Involvement of both legal and technical staff is important in this process. Broadly speaking, legal tools utilise command-and-control approaches, responsive regulation, and liability (discussed below). In addition, legal tools can create an enabling environment for economic tools – i.e. laws can provide for green taxes, fees and subsidies.

– ‘Command-and-Control’ approaches: Many laws follow a ‘command-and-control’ approach where the government prescribes the desired changes through detailed requirements and then promotes and enforces compliance to these requirements. In effect the State is saying, “Do this, don’t do that.” Examples of such approaches include technology-based standards, which require an entity to use a particular type of technology; and performance-based standards, which leave the entity free to choose the method of pollution reduction but require a specific level of performance.

– Responsive Regulation: In contrast to a command-and-control approach, respon-sive regulation is a collaborative approach to enforcement. In responsive regulation the government works with the private sector (including the regulated entities) and public interest groups to develop standards. The col-laborative process creates broader owner-ship of the rules. This type of legal regulation is more of a negotiated process between the government and the regulated entity.

– Liability Approaches: Some statutes or common law provisions make individuals or businesses liable for any damage they cause to another individual/business, or their property. Liability approaches typically establish who should be liable, for what actions or impacts, the standard of liability and types of damages, etc. Examples of liability-based environmental management systems include laws requiring compensation for victims of environmental damage.

• Economic Tools Economic or ‘market-based’ approaches use market forces (and economic incentives and

disincentives) to achieve desired behaviour changes. These approaches can be independent of – or build upon and supplement – command-and-control tools. For example, introducing market forces into a command-and-control approach can encourage greater pollution prevention and more economic solutions to problems. Market-based approaches include:

– Fee systems that tax emissions, effluents, and other environmental releases. An example is charging a higher import tax on goods that have environmentally unfriendly technology (such as fridges containing CFCs, known to be a pollutant that damages the ozone layer).

– Subsidies such as the provision of government funding to agricultural programmes that do not use chemicals and pesticides.

• Voluntary Tools Voluntary approaches encourage or assist, but do not necessarily require change. Voluntary approaches include public education, technical assistance, and the promotion of environmental leadership by industry and NGOs. Voluntary approaches may also include co-management of natural resources (e.g. lakes, natural areas, and groundwater) to maintain environmental quality.

The specific context of the State and environmental situation will be important in deciding the most ap-propriate combination and role of the tools. General-ly speaking, the ‘softer’ voluntary approaches often supplement ‘harder’ compliance and enforcement approaches. In practice, various approaches can be used in tandem to implement MEAs. Command-and-control approaches (through binding laws and regulations) often provide a framework governing a particular sector or matter. Voluntary and market-based approaches often complement the com-mand-and-control approaches by encouraging the regulated community to not only comply with the law, but also to go beyond compliance. Such measures are often preferred by industry, as they can offer more flexibility in terms of steps they take.

At the outset, it is important to note that develop-ing, implementing and enforcing an environmental regime is an evolving process. Governments rely on imperfect and incomplete information. Over time the regulated community develops more capacity to comply with the standards, so more measures may

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be appropriate later in the process. Similarly, as the regulatory and enforcement officials gain experience they are more able to implement and enforce more sophisticated regulatory regimes. At the same time, certain measures may be overly restrictive for busi-nesses, and other measures may achieve the same environmental goals while imposing fewer burdens on the government or the regulated community.

Accordingly, governments are encouraged to adopt an approach of adaptive environmental management with respect to environmental regimes. In this approach, measures are viewed as provisional and reviewed and revised periodically to account for new information. Thus, a government may craft an environmental enforcement programme, collect information on the enforcement programme and its effectiveness, and then revise the programme in light of what is revealed. Such an approach is necessarily iterative. This allows the government to take certain measures, see what works and what does not, and then improve the system. Adaptive environmental management has been applied in the contexts of ecosystem management, grasslands, restoration projects, waterfowl, national parks and other protected areas, rivers and development.

Given the number and range of environmental management tools and approaches available to a State, it can be difficult to know which ones are appropriate and how they should relate to one another. When deliberating the options, a State may wish to consider the following:

• How much does each option cost (to the regulated community, the government, etc.)?; and

• Which option is the most cost effective?

In some instances, economic or knowledge-based approaches are preferred; in others, legal tools are necessary. In reviewing the specific approaches, a State should consider the following questions to decide whether a particular approach is feasible and desirable:

• What sorts of legal, institutional or cultural reforms are necessary to make that approach work?

• Are the anticipated benefits worth the effort?

• Should the approach be implemented now, in the future, or phased in over a period of time?

When determining whether certain market-based approaches are appropriate or feasible, a State should examine its particular context. Some approaches may require significant institutional developments or economic reform, particularly for least developed countries, like Afghanistan.

Checklist for Establishing National Environmental Regimes

Environmental regimes can entail a variety of policies and approaches to promote their effectiveness. These include:

• Legal tools – including command-and-control approaches, responsive regulation and liability;

• Economic tools – including green taxes and subsidies, and emissions trading;

• Voluntary tools – including information-based tools, collaborative management approaches and customary tools.

Sadeequllah Ahmadzai (Afghanistan) supported Iran’s proposal for climate change workshops in the Middle East and Asia, at the 22nd Session of the Intergovernmental Panel on Climate Change (IPCC)on the 10th November, 2004 in New Delhi, India.

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4 Description of the MEAs relevant to Afghanistan

This section will review each of the MEAs to which Afghanistan is already a Party, and those to which it intends to accede within the next five-year period. The elements outlined include:

• All shortened name/s and acronyms by which the MEA is also known;

• The dates of signature, ratif ication or accession;

• National focal point/s (if applicable);

• Environmental problems that the MEA addresses;

• A brief description of the MEA;

• Compliance mechanisms in force; and

• Implementation activities to date.

4.1 Convention on Biological Diversity

Short name/s of the MEA:

Biodiversity ConventionCBDUNCDB

Date of signature, ratification/accession:

Signed on 12 June 1992.Ratified on 19 September 2002.

National focal point: Eng. Hazrat Hussain Khaurin, Director of Forestry, MAIL.

Environmental problem that the MEA addresses:

Biological diversity – or biodiversity – is the term given to the variety of life on Earth and the natural patterns it forms. The biodiversity we see today is the fruit of billions of years of evolution, shaped by natural processes and, increasingly, by the influence of humans. It forms the web of life of which we are an integral part and upon which we so fully depend.

Biodiversity includes genetic differences within each species – for example, between varieties of crops and breeds of livestock. Another aspect of biodiversity is the variety of ecosystems such as those that occur in deserts, forests, wetlands, mountains, lakes, rivers, and agricultural landscapes. Each ecosystem supports a living community of creatures (including humans), interacting with one another and with the air, water and soil around them.

The loss of biodiversity often reduces the productivity of ecosystems, thereby shrinking nature’s basket of goods and services, from which we constantly draw. It destabilises ecosystems and weakens their ability to deal with natural disasters such as floods, droughts and hurricanes, and with human-caused stresses, like pollution and climate change. Already, we are spending huge sums in response to flood and storm damage exacerbated by deforestation. Such damage is expected to increase as a result of global warming.

Brief description of the MEA:

The Convention on Biological Diversity (CBD) entered into force on 29 December 1993. Article 1 outlines the three objectives of the Convention: 1) The conservation of biological diversity; 2) The sustainable use of its components; and 3) The fair and equitable sharing of the benefits arising out of the utilization of genetic resources. The CBD promotes inter-State cooperation for the conservation and sustainable use of biological diversity, and especially of technical and scientific cooperation. This has facilitated many bilateral and multilateral projects.

The CBD aims to achieve the conservation of biological diversity by: identifying and monitoring of the components of biological diversity and of the processes and activities that threaten those components; providing for in-situ and ex-situ conservation; and integrating the conservation and sustainable use of biological resources into national decision-making.

Compliance mechanisms:

The reporting provisions of the CBD are sparse. Article 26 calls upon Parties to report upon their measures to implement the CBD and the effectiveness of those objectives. COP-2 (1995) decided that the first national reports should be delivered to COP-4 in 1998 and adopted guidelines for the preparation of reports were adopted at COP-2. In addition to

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the reporting obligations, Article 7 provides that each Party must monitor the components of biological diversity set out in Annex I for the purposes of in-situ and ex-situ conservation.

The Convention established a clearing house mechanism (CHM) to ensure that all Parties have access to the information and technologies required to implement the Convention. The CHM was set up at COP-1 (1994) and is funded through the Convention’s regular budget and through voluntary contributions. It promotes cooperation in six key areas: 1) Tools for decision-making; 2) Training and capacity building; 3) Research; 4) Funding; 5) Technology transfer; and 6) The repatriation of information. The CHM provides universal access to Convention records, case studies, national and other reports, initiatives and programmes and technical and scientific information. It also seeks to increase public awareness of the Convention’s programmes and links experts to relevant work programmes.

In relation to funding, Article 20 states that each Party is to provide financial support and incentives for national projects that implement the objectives of the Convention. Developed Parties are also expected to provide additional funding to developing Parties to enable the latter to implement the Convention. Developed Parties may provide funding through regional, bilateral and multilateral channels. Article 21 provides for a mechanism to provide financial resources on a grant or concessional basis to help developing Parties.

The CBD contains obligations on promoting and cooperating with respect to – research and training; public education and awareness; information exchange; and access to technical and scientific cooperation.

Overview of implementation activities until end 2007:

Enabling activities:• The NCSA and NAPA projects which focus on the three Rio Conventions, will be

completed in early 2008.• In April 2006, the Government of Afghanistan submitted to GEF its proposal for

funding in the amount of USD $395,000 for two biodiversity enabling activities. These were the development of Afghanistan’s National Biodiversity Action Plan and Strategy (NBSAP) which incorporates the decisions and work programmes of the Conference of the Parties of the CBD; and the development of Afghanistan’s First and Second National Reports for submission to the Secretariat of the CBD, through a process of national consultation. The goal of these enabling activities is for Afghanistan to better meet its immediate obligations under the Convention on Biological Diversity, especially in relation to Article 6: General Measures for Conservation and Sustainable Use, and Article 26: Reports.

• In June 2006, the government submitted a second proposal for funding to GEF. The proposal was in the amount of USD $20,000 that is required for the purpose of preparing Afghanistan’s Third National Report on Biological Diversity. This report was prepared by the government, with the assistance of UNEP, and was submitted to, and accepted by, the Secretariat in April 2007.

Legislation:Afghanistan’s Environment Law was approved by the Parliament in early 2007. The Act creates the regulatory framework to implement a number of CBD obligations, including Article 8(g): Regulating living modified organisms, Article 8(k): Develop endangered species legislation, Article 8(l): Regulate activities having adverse effects on components of biodiversity, Article 14(1)(a): Introduce procedures for environmental impact assessment of projects, and Article 15: Set up a system of prior informed consent for use of genetic resources. The Act also obliges the government to develop its NBSAP within two years of the date of promulgation of the Act (Article 6).

Furthermore, a number of donor-funded CBD relevant projects are being implemented in Afghanistan (by UNEP, WCS, ICIMOD, UNOPS and others).

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4.2 United Nations Convention to Combat Desertification in those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa

Short name/s of the MEA:

Desertification ConventionUNCCD

Date of signature, ratification/accession:

Signed on 1 November 1995.Ratified on 19 September 2002.

National focal point: Ghulam Mustafa Jawad, Deputy Minister: Technical, MAIL

Environmental problem that the MEA addresses:

Desertification is the degradation of land in arid, semi-arid and dry sub-humid areas. It is caused primarily by human activities and climatic variations. Desertification does not refer to the expansion of existing deserts. It occurs because dry land ecosystems, which cover over one third of the world’s land area, are extremely vulnerable to overexploitation and inappropriate land use. Poverty, political instability, deforestation, overgrazing and bad irrigation practices can all undermine the productivity of the land.

Over 250 million people are directly affected by desertification, and about one billion people in over one hundred countries are at risk. These people include many of the world’s poorest, most marginalized and politically weak citizens. Combating desertification is essential to ensuring the long-term productivity of inhabited dry lands. Unfortunately, past efforts have too often failed, and around the world the problem of land degradation continues to worsen.

Brief description of the MEA:

UNCCD entered into force on 26 December 1996. The objective of the Convention is to promote an integrated approach to combating desertification and to mitigate the effects of serious drought and/or desertification through effective actions at all levels, supported by international cooperation and partnership arrangements. The Convention distinguishes between affected developing Parties and developed Parties. Article 5 requires affected developing Parties to give due priority to combating desertification, establish strategies within the framework of sustainable development plans, address the underlying causes of desertification, promote awareness of the problem and strengthen relevant existing legislation. Article 6 requires developed Parties to actively support the efforts of affected developing Parties to combat desertification by providing financial assistance and mobilising funding.

There are five annexes to the Convention dealing with the implementation of the Convention in five regions affected by desertification: (I) Africa; (II) Asia; (III) Latin America and the Caribbean; (IV) Northern Mediterranean; and (V) Central and Eastern Europe. The African Annex is the most detailed and contains provisions for financial mechanisms and resources, coordination, partnership and follow-up arrangements.

Compliance mechanisms: Article 9 of the UNCCD requires affected developing Parties and Parties that are members of Regional Implementation Annexes to prepare National Action Programmes (NAPs) in order to identify the factors contributing to desertification in their countries and to describe practical measures to combat them. In addition, Parties must communicate to the COP at its ordinary session reports on implementation measures. Affected developing Parties must provide reports of strategies developed pursuant to Article 5 and their NAPs.

Developed Parties must provide information on the measures undertaken to assist in the preparation and implementation of Action Programmes, including information on financial resources they have provided. Under Article 27, the COP is empowered to consider and adopt procedures and institutional mechanisms to resolve issues regarding implementation.

Numerous articles provide for technical cooperation between Parties.Article 6(e) requires developed Parties to promote and facilitate access by affected Parties to appropriate technology, knowledge and know-how in combating desertification. In relation to financial assistance, Article 4.2(h) provides that in pursuing

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the objectives of the Convention, the Parties will promote the use of existing bilateral and multilateral financial mechanisms and arrangements that mobilise and channel substantial financial resources to affected developing Parties. While all Parties must make every effort to ensure that adequate financial resources are available for programmes to combat desertification, the financial burden to provide, seek out and mobilize funding is the responsibility of the developed Parties.

Overview of implementation activities until end 2007:

The NCSA and NAPA projects, which focus on the three Rio Conventions, will be completed in early 2008. One of the technical components is desertification.

Technical reports have been submitted to UNCCD technical meetings.

Through UNDP, and with USD $50,000 of GEF funding, a medium-sized project proposal for sustainable land management was submitted to GEF in 2006. The outputs of this project include: • Development of the National Action Plan (NAP),• Institutional and capacity development.

4.3 United Nations Framework Convention on Climate Change

Short name/s of the MEA:

Climate Change ConventionUNFCCC

Date of signature, ratification/accession:

Signed on 12 June 1992.Ratified on 19 September 2002.

National focal point: No official designated focal point. Unofficially, NEPA assumes this role.

Environmental problem that the MEA addresses:

The average temperature of the Earth’s surface has risen by 0.6 degrees Celsius in the last century. It is expected to increase by another 1.4 to 5.8 degrees during this century, which is a rapid and profound change. Even if the minimum predicted increase takes place, it will be larger than any century-long trend in the last 10,000 years. The principle causes for global warming are: 150 years of industrialisation, the burning of ever-greater quantities of fossil fuels (oil, petrol, diesel and coal), the cutting of forests, and the practice of certain unsustainable farming methods.

The current warming trend is expected to cause extinctions. Numerous plant and animal species, already weakened by pollution and loss of habitat, are not expected to survive the next 100 years. Human beings, while not threatened in this way, are likely to face mounting difficulties. For example, recent severe storms, floods, and droughts appear to show that computer models predicting more frequent ‘extreme weather events’ are correct. The average sea level rose by 10 to 20cm during the 20th Century, and an additional increase of 10 to 90cm is expected this century (higher temperatures cause ocean volume to expand, and melting glaciers and ice caps add more water). If the higher end of that scale is reached, the sea could overflow the heavily populated coastlines of countries such as Bangladesh; cause the disappearance of some countries entirely (such as the island state of the Maldives); foul the freshwater supplies for billions of people; and cause mass migrations. Agricultural yields are expected to drop in most tropical and sub-tropical regions. Drying of continental interiors, such as central Asia, is also forecast. These changes could cause, at a minimum, disruptions in land use and food supply. And the range of diseases, such as malaria, may expand.

Brief description of the MEA:

UNFCCC entered into force on 21 March 1994. It aims to achieve stabilisation of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. Such a stabilisation level should be achieved ‘within a time-frame sufficient to allow ecosystems to adapt naturally to climate change, ensure food production is not threatened and to enable economic development to proceed in a sustainable manner.’

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All Parties have general obligations to develop domestic and, if possible, regional programmes and measures to mitigate climate change; promote and cooperate in the development, application and diffusion of technologies, practices and processes that control, reduce or prevent anthropogenic emissions of greenhouse gases outside the scope of the Montreal Protocol; promote conservation and enhancement of sinks and reservoirs of all greenhouses gases outside the scope of the Montreal Protocol; cooperate in preparing for adaptation to climate change; and promote scientific and technical cooperation. Developed countries are required to lead climate change mitigation by adopting policies and measures limiting anthropogenic greenhouse gas emissions. Under Article 4.2, these policies and measures should ‘recognise’ that, a return to ‘earlier emission levels’ by the year 2000 would ‘contribute’ to modification of longer-term climate change trends. The year 2000 passed without any Party achieving the Convention’s stated aim. However, the Parties were to ‘review the adequacy’ of the aim under Article 4.2 at their first Conference. The result of that review was the 1997 Kyoto Protocol.

The guiding legal principles for implementation are set out in Article 3 and include: intergenerational equity; common but differentiated responsibility between developed and developing countries; the precautionary principle; sustainable development; and an open international economic system. Of these principles, the most clearly reflected in the UNFCCC text is differentiated responsibility. Differentiated responsibilities for developed Parties are specified in two matters. Special obligations are imposed upon them to: (1) Adopt ‘policies and measures’ to reduce their greenhouse gas emissions under Article 4.2; and (2) Provide ‘new and additional financial resources’ to developing Parties under Article 4.3. Annex I contains a list of the developed countries that includes most ‘western’ countries and ex-Soviet bloc countries. Annex II lists from among those Annex I Parties only the ‘western’ countries that are obliged to provide financial and technological assistance. Afghanistan is classified as a ‘non-Annex 1’ Party.

Compliance mechanisms: Article 12 requires all Parties to submit: A national inventory of anthropogenic emissions by sources and removals by sinks of all greenhouse gases (but not controlled by the Montreal Protocol) using agreed methodologies; a general description of their steps to implement the aims of the Convention; and any other relevant information. This obligation falls upon both developed and developing country Parties but, as indicated below, the former are to assist the latter to meet their inventory obligations. Developed country Parties must also provide a detailed description of policies and measures that they have adopted to implement their commitment under Article 4.2.

Least developed countries (LDCs) submit National Adaptation Programmes of Action on their needs and priorities for adaptation. Article 4.9 recognised the specific needs and special situations of the LDCs with regard to funding and transfer of technology. That decision established an LDC work programme that included the development of NAPAs. Decision 28, COP-7 sets out the guidelines while decision 29, COP-7 establishes an LDC Expert Group to provide guidance and advice on the preparation and implementation of NAPAs. At COP-7, and as a part of the Marrakech Accords, the Parties agreed to work together on a set of technology transfer activities. These activities have five main themes – technology needs and needs assessments; technology information; enabling environments; capacity building; and mechanisms for technology transfer.

The Marrakech Accords also provide for the establishment of an Expert Group on Technology Transfer to facilitate and advance technology transfer activities. Furthermore, the Secretariat has developed a clearing house mechanism to facilitate the flow of, and access to, information on developing and transferring safe technologies. Developed Parties, specifically those listed in Annex II, must additionally provide ‘new and additional financial resources’ to developing countries to meet the full implementation costs of the Convention. These concern inventories and any voluntary measures the developing countries take towards mitigation of the greenhouse gas emissions. They must also take all practicable steps to promote, facilitate and finance – as appropriate – the transfer of, or access to, environmentally sound technologies and know-how to other Parties, particularly to developing countries to enable them to implement the provisions of the Convention.

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Article 11 of the Convention establishes a financial mechanism for the provision of financial resources to developing countries on a grant or concessional basis, including the transfer of technology. The operations of the financial mechanism are entrusted to the COP to develop. The provision also states that developed Parties may also provide – and developing country Parties may avail themselves of – financial resources related to the implementation of the Convention through bilateral, regional and other multilateral channels. COP-4 designated the GEF as an operating entity of the financial mechanism on an ongoing basis.

Overview of implementation activities until end 2007:

• The NCSA and NAPA projects, which focus on the three Rio Conventions, will complete in early 2008. The NAPA project in particular focuses on assessing vulnerability to climate change and outlining appropriate adaptation mechanisms.

• Preliminary greenhouse gas (GHG) inventory and mitigation options assessment undertaken in the Afghanistan Post-Conflict Environmental Assessment study. This was undertaken by UNEP, based on limited 2002 data.

• Baseline air emission inventory for point, area and mobile sources of emissions through dispersion modelling for identification and prioritisation of sources and recommended appropriate control measures. Undertaken by the Asian Development Bank in 2006.

• With support from UNDP (and other agencies), the possibilities of acceding to the Kyoto Protocol and implementing the Clean Development Mechanism in Afghanistan have been investigated.

4.4 Convention on International Trade in Endangered Species of Fauna and Flora

Short name of the MEA: CITES

Date of signature, ratification/accession:

Signed on 30 October 1985.Ratified on 28 January 1986.

National focal point: The Natural Resources Division of MAIL is the interim Management Authority. A scientific authority is yet to be established.

Environmental problem that the MEA addresses:

International wildlife trade is estimated to be worth billions of dollars annually, and includes hundreds of millions of plant and animal species. The trade is diverse, ranging from live animals and plants, to a vast array of products derived from them – including: food products, exotic leather goods, wooden musical instruments, timber, tourist curios and medicine. Exploitation levels of some wildlife species are high and the trade in them (together with other factors such as habitat loss) is capable of heavily depleting their populations and even bringing some species close to extinction. Many traded wildlife species are not endangered, but the existence of an agreement to ensure the sustainability of the trade is important to safeguard these resources for the future. Because the trade in wild animals and plants crosses the borders between different countries, the efforts to regulate it requires international cooperation to safeguard certain species from overexploitation. CITES was conceived in the spirit of such cooperation. Today, it accords varying degrees of protection to more than 30,000 species of animals and plants, whether they are traded as live specimens, fur coats or dried herbs.

Brief description of the MEA:

CITES entered into force on 1 July 1975. It established a permit system to control imports and exports of wild fauna and flora. CITES lists controlled flora and fauna in three appendices. Appendix I covers all species threatened with extinction that are, or may be, affected by trade. Commercial trade in these species is essentially banned and can only be authorised in exceptional circumstances. Appendix II covers species that are not currently threatened with extinction, but could become so unless trade is controlled under the Convention. Appendix III covers species that any Party has identified as being subject to national regulation for the purpose of preventing or restricting exploitation, and as such, require the cooperation of other Parties to control

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the trade. Parties are required to establish national Scientific Authorities to advise on the endangered status of native species of flora and fauna, and a Management Authority to regulate their trade.

Compliance mechanisms: Pursuant to Article VI.6, each Party must maintain records of trade in species listed in Appendices I, II and III, which cover: The names and addresses of exporters and importers; the number and type of permits and certificates granted; the States with which such trade occurs; the numbers or quantities and types of specimens; names of species as included in Appendices I, II and III; and, where applicable, the size and sex of the specimens in question.

In addition, Parties must prepare: • Periodic reports on their implementation of the Convention; • Annual reports containing a summary of the information specified in Article VIII,

which must be transmitted to the Secretariat; and • Biennial reports on legislative, regulatory and administrative measures taken to

enforce the provisions of the Convention. Annual reports must be submitted by 31 October for the previous trade year, although extensions are available on written request. The requirement for biennial reporting has been largely unimplemented, although at COP-11 (2000) Parties were called upon to comply. Resolution 11.17 consolidates all reporting resolutions and decisions.

The Scientific Authority of each Party has obligations to monitor the export permits granted by the State for Appendix II specimens and the actual exports of such specimens. Additionally, the Parties, NGOs (such as the TRAFFIC Network), and international bodies (such as the World Customs Organisation and Interpol), perform monitoring functions and report infractions to the Secretariat. TRAFFIC is an international wildlife trade-monitoring network, founded in 1976 as a joint programme between the WWF and IUCN – The World Conservation Union. It works cooperatively with the CITES Secretariat in implementing the Convention, and its mission is to ensure that wildlife trade does not threaten nature conservation. The Secretariat also conducts ad hoc verification missions to assess a Party’s compliance with the Convention.

Under Article VXIII, if the Secretariat is satisfied that any species in Appendices I or II is being adversely affected or that the Convention is not being effectively implemented it will communicate this issue to the relevant Party’s Management Authority. The Party must propose remedial action. CITES has no funding mechanism to facilitate compliance.

Overview of implementation activities until end 2007:

CITES has been incorporated into the framework Environment Law, which was enacted in January 2007. However, implementing regulations are still required, which are currently in development.

WCS intends to work with MAIL to develop a comprehensive CITES programme. However, as this stage CITES implementation is largely restricted to reactive measures, such as responding to correspondence from the Secretariat.

4.5 Vienna Convention for the Protection of the Ozone Layer

Short name of the MEA: Vienna Convention (see also Montreal Protocol below)

Date of signature, ratification/accession:

Acceded to on 17 June 2004

National focal point: National Ozone Unit (NOU), NEPA

Environmental problem that the MEA addresses:

Ozone is a very small part of our atmosphere, but its presence is nevertheless vital to human well-being. Most ozone is found in the upper part of the atmosphere. This region, called the stratosphere, is more than 10 kilometers (6 miles) above Earth’s surface. There, about 90% of atmospheric ozone is contained in the ‘ozone layer,’ which shields us from harmful ultraviolet radiation from the Sun. However, it was

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discovered in the mid-1970s that some human-produced chemicals could destroy ozone and deplete the ozone layer. The resulting increase in ultraviolet radiation at the Earth’s surface may increase the incidences of skin cancer and eye cataracts. Following the discovery of this environmental issue, researchers focused on better understanding this threat to the ozone layer. Monitoring stations showed that the abundances of the ozone-depleting chemicals were steadily increasing in the atmosphere. These trends were linked to growing production and use of chemicals like chlorofluorocarbons (CFCs) for refrigeration and air conditioning, foam blowing, and industrial cleaning. Both the atmosphere and laboratory measurements characterized the chemical reactions that were involved in ozone destruction. Computer models employing this information predicted how much ozone depletion was occurring, and how much more could occur in the future. Observations of the ozone layer showed surprising results – the most severe loss was recurring in springtime over Antarctica. The loss in this region is commonly called the ‘ozone hole’ because the ozone depletion is so large and localized.

Brief description of the MEA:

The Vienna Convention entered into force on 22 September 1988. Parties are obliged to take measures to protect both human health and the environment, against adverse effects likely to result from human activities that modify the ozone layer. There are no targets or timetables for action. Instead, there is an outline of general obligations on the Parties, which focus on obligations to undertake research on the ozone layer, in particular on the effects of human activities on the ozone layer and how these may be addressed. It establishes a framework for future international legal measures to protect the ozone layer by providing for future protocols.

Compliance mechanisms: Parties must transmit to the COP information on the measures adopted by them in the implementation of the Convention and of protocols to which they are Party. COP-1 (1989) decided that each Party shall submit these reports every two years and should include the socio-economic and commercial information on the substances referred to in Annex I and directed the Secretariat to prepare a format for reporting.

Under Article 4, Parties must facilitate and encourage the exchange of scientific, technical, socio-economic, commercial and legal information, which is elaborated in Annex II. Annex II, paragraph 1 states that Parties recognise that the collection and sharing of information is an important means of implementing the Convention and that Parties must therefore exchange scientific, technical, socio-economic, business, commercial and legal information. Annex II paragraphs 3 to 6 elaborate on the type of scientific, technical, socio-economic and legal information to be provided. Parties must cooperate in promoting the development and transfer of technology and knowledge, particularly though: Facilitation of the acquisition of alternative technologies by other Parties; provision of information on alternative technologies and equipment; supplying necessary equipment and facilities for research and systematic observations; and appropriate training of scientific and technical personnel.

COP-1 (1989) established a Trust Fund (later to become the ‘Multilateral Fund’) and Parties were invited to make voluntary contributions. The Parties agreed to cooperate to enhance the capabilities of developing countries to contribute to ozone science research through the organisation of workshops and the identification of appropriate institutions for scientific and financial assistance.

4.6 Montreal Protocol on Substances that Deplete the Ozone Layer

Short name of the MEA: Montreal Protocol

Date of signature, ratification/accession

Acceded to on 17 June 2004

National focal point: National Ozone Unit (NOU), NEPA

Environmental problem that the MEA addresses:

See 4.5 above.

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Brief description of the MEA:

The Montreal Protocol entered into force on 1 January 1989. The Protocol lists controlled substances in Annexes: A (CFCs and Halons); B (Other halogenated CFCs, carbon tetrachloride and methyl chloroform); C (Hydrochloroflurocarbons and Hydrobromoflurocarbons); and E (Methyl bromide). Annex D contains a list of products containing controlled substances specified in Annex A. Articles 2A to 2I set out the targets that Parties must achieve with respect to each of these controlled substances and the period of time within which the targets must be met. Developing Parties are given a grace period, allowing a delay of 10 years before being required to take steps to meet these targets. Article 4 bans the import of the controlled substances listed in the Annexes with non-Parties. However, Article 4B requires each Party to establish and implement a licensing system for the import and export of new, used, recycled and reclaimed controlled substances in the Annexes, by 1 January 2000 (or within three months of the date of entry into force of the Article for it, whichever is the later). Article 4A provides that where a Party is unable, despite having taken all practicable steps to comply with its obligations under the Protocol, to cease production of a controlled substance for domestic consumption by its specified phase-out date (other than for uses agreed by the Parties to be essential), it must ban the export of used, recycled and reclaimed quantities of that substance, unless it is being exported for the purpose of destruction.

Compliance mechanisms: Each Party must provide statistical data to the Secretariat on its annual production of each of the controlled substances. Data must also be provided on amounts of each substance used for feed stocks, destroyed by technologies approved by the Parties, or imported from and exported to Parties and non-Parties for the year during which provisions concerning the substances entered into force for that Party, and then for each year thereafter. Parties must provide statistical data on the annual imports and exports of each of the controlled substances in Group II of Annex A and Group I of Annex C that have been recycled. As well as the annual reports, Parties must submit to the Secretariat every two years a summary of the research, development, public awareness and exchange of information activities that they have undertaken pursuant to Article 9. The Montreal Protocol was the first MEA to design a non-compliance procedure. Under Article 8, Parties were obliged to consider and approve procedures and institutional mechanisms for determining non-compliance.

Article 9 states that the Parties shall cooperate in promoting research, development and the exchange of information on: Best technologies for improving the containment, recovery, recycling or destruction of controlled substances or reducing their emissions; possible alternatives to controlled substances, to products containing such substances and to products manufactured with them; and the costs and benefits of relevant control strategies. Parties must also cooperate in promoting public awareness of the environmental effects of the emissions of controlled substances.

At MOP-1 (1989), the Parties agreed to consider at MOP-2 (1990) the development of a programme which would include workshops, demonstration projects, training courses, the exchange of experts and the provision of consultants on control options, taking into account the special needs of developing countries as well as the exploration of ways to promote the exchange and transfer of environmentally sound substitutes and alternative technologies.

This issue was primarily addressed through the amendment of Article 10. Amended Article 10 establishes a financial mechanism. It requires that Parties shall establish a mechanism for the purposes of financial and technical cooperation – including the transfer of technologies – to enable developing Parties to comply with control measures. This financial mechanism includes a Multilateral Fund to finance (among other things): Clearing-house functions to facilitate technical cooperation, distribute information, hold workshops and training sessions and facilitate and monitor other multilateral, regional and bilateral cooperation for developing Parties. The Multilateral Fund is financed by developed Parties and controlled by its own Executive Committee, which is elected on a geographically representative basis by the MOP. It works in cooperation and with the assistance of the World Bank, UNEP, UNDP or other appropriate agencies.

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The Montreal Protocol was the first MEA to incorporate multilaterally determined penalties into its range of non-compliance responses. Under the non-compliance procedure the MOP can issue warnings – although this has happened only once. The power to suspend rights and privileges includes those concerning production, consumption, trade, transfer of technology, and assistance for industrial rationalisation, financial mechanism and institutional arrangements. The suspension of rights has never been exercised.

Overview of implementation activities until end 2007:

Institutional Strengthening Project for the Establishment of National Ozone Unit Phase-out of CFCs under the Montreal Protocol (Montreal Protocol Multilateral Fund: USD $200,000 through UNEP. Project duration: October 2004 - September 2008).

Development of a Refrigerant Management Plan (RMP), which was approved by the Executive Committee of the Multilateral Fund in April 2005. The RMP is composed of three components: (a) Preparation on ozone regulations for control of ODS. This aims to provide support to the Government in the development of relevant ODS regulations to facilitate ODS phase-out, including licensing system, quota system, registration system and bans, which will supplement the existing controls on imports and exports; (b) Monitoring of implementation of RMP activities, which aims to monitor and supervise the activities for ODS phase-out in the refrigeration and air conditioning sector; and (c) Establishing Conversion Practice of Domestic Refrigerators. This aims to provide technical assistance and inputs to the refrigeration service technicians to achieve reduction in the consumption of CFC-12 in domestic refrigerators, through retrofitting the equipment by using hydrocarbon blends or HFCs. The first two components will be implemented through UNEP, while United Nations Industrial Development Organisation (UNIDO) through GTZ will implement the last component.

4.7 Convention on the Conservation of Migratory Species of Wild Animals

Short name of the MEA: Convention on Migratory SpeciesCMS

Date of signature, ratification/accession:

Not yet a Party. Accession process is underway.

National focal point: To be determined.

Environmental problem that the MEA addresses:

Of the world’s 1.5 million described animal species, an estimated 8-10,000 migrate. They range from antelopes to fish, whales to elephants, and bats to birds. Even apparently frail insects, such as the Monarch butterfly, cover enormous distances. Migratory animals are essential components of the ecosystems that support all life on Earth. By acting as pollinators and seed distributors they contribute to ecosystem structure and function. They provide food for other animals and regulate the number of species in ecosystems. Migratory animals are also potentially effective indicators of environmental changes that affect us all. In local and global economies, migratory animals play an important role through subsistence and by providing food and income through recreational and commercial hunting and fishing activities. More recently they have become prime attractions for eco-tourists, such as bird and whale watchers. In addition, migratory species have a great significance in many cultures – through legend, stories, religious views, medicine and customary uses. They play a major role even in the way we measure time and experience seasons. Nowadays humans also benefit from them for recreational activities and educational purposes.

Human pressure is often intense on migratory animals and on the places they need to survive – their habitats. Unsustainable hunting and fishing practices as well as incidental capture in fisheries take a heavy toll on thousands of animals. Destruction of wetlands, forests and grasslands removes food and shelter vital to life. Barriers to migration such as dams, fences, power lines and wind farms can disrupt migratory patterns and result in significant mortality. The introduction of alien species and the harmful effects of industrial and agricultural pollutants are further risks. The potentially

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huge impact of climate change is just starting to be understood, but is foreseen to disrupt migratory patterns. Birds also face the danger of electrocution, injuries or death caused by electricity transmission lines and towers. As a result, many migratory animals are becoming increasingly rare. A great many are threatened with extinction.

Brief description of the MEA:

CMS entered into force on 1 November 1983. It aims to conserve and manage migratory species of wild animals through the action of Range States, i.e. those States exercising jurisdiction within the range of any such species. Under Article II, Parties are encouraged to promote, cooperate with and support research relating to migratory species as well as providing immediate protection to the endangered migratory species listed in Appendix I. Parties are also encouraged to conclude agreements with other Range States for the conservation and management of species having unfavourable conservation status listed in Appendix II. One of the Secretariat’s functions is to promote, under the Conference of the Parties, the conclusion of such Agreements (such as the Siberian Crane Agreement to which Afghanistan is a signatory). The Scientific Council may recommend the Conference of the Parties (i) conservation and management measures to be included in Agreements; and (ii) scientific solutions to problems relating to migratory species habitats.

Compliance mechanisms: Parties have an obligation to report on their implementation efforts to conserve those migratory species listed in Appendices I and II, that pass through their jurisdiction. They must also must monitor such migratory species and keep the Secretariat informed of the species’ status. Resolution 6.5 recommended that the format of national reports be simplified and the content be standardised to encourage Parties to provide information that directly relates to the implementation of the CMS Strategic Plan. Parties were encouraged to trial this new reporting format for COP-7 (2002). At COP-7, Resolution 7.8 commended the new reporting format and recommended that the final version be sent to the Standing Committee for approval and adoption at its 26th meeting. The new reporting format requires performance review information with respect to how Parties are implementing the Strategic Plan.

Article V sets out criteria for the substance of regional Agreements negotiated under the auspices of Article IV. Such Agreements should establish the appropriate machinery to monitor their effectiveness and reporting obligations.

The CMS and the COP do not specify any non-compliance procedures. However, the Standing Committee, established by Resolution 1.1 (mainly for inter-sessional implementation review and guidance to the Secretariat on policy and budgetary matters), has a regional representation. That gives a possibility of dealing with non-compliance, e.g. through proposals to the Conference for the improvement of rules of procedures.

Workshops have been held to assist Parties in complying with their monitoring obligations. UNEP-WCMC provides the Secretariat and administers the Convention’s Trust Fund. A new fundraising strategy was launched at COP-8 (2005). It is expected that the new association called ‘Friends of CMS’ will play a key role for its implementation and the enforcement of the CMS partnership.

Overview of implementation activities until end 2007:

Afghanistan is not yet a Party to the Convention. However it is already a signatory to the Memorandum of Understanding concerning the conservation of the Siberian Crane.

4.8 Ramsar Convention on Wetlands of International Importance Especially as Waterfowl Habitat

Short name of the MEA: Ramsar Convention

Date of signature, ratification/accession:

Not yet a Party. Accession process is underway.

National focal point: To be determined.

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Environmental problem that the MEA addresses:

Wetlands are among the world’s most productive environments. They are cradles of biological diversity, providing the water and primary productivity upon which countless species of plants and animals depend for survival. They support high concentrations of birds, mammals, reptiles, amphibians, fish and invertebrate species. Of the 20,000 species of fish in the world, more than 40% live in fresh water. Wetlands are also important storehouses of plant genetic material. Rice, for example, which is a common wetland plant, is the staple diet of more than half of humanity.

The interactions of physical, biological and chemical components of a wetland, such as soils, water, plants and animals, enable the wetland to perform many vital functions. These include: water storage; storm protection and flood mitigation; shoreline stabilization and erosion control; groundwater recharge (the movement of water from the wetland down into the underground aquifer); groundwater discharge (the movement of water upward to become surface water in a wetland); water purification through retention of nutrients, sediments, and pollutants; and stabilization of local climate conditions, particularly rainfall and temperature.

Wetlands provide tremendous economic benefits. For example: water supply (quantity and quality); fisheries (over two thirds of the world’s fish harvest is linked to the health of coastal and inland wetland areas); agriculture, through the maintenance of water tables and nutrient retention in floodplains; timber production; energy resources, such as peat and plant matter; wildlife resources; transport; and recreation and tourism opportunities. In addition, wetlands have special attributes as part of the cultural heritage of humanity – they are related to religious and cosmological beliefs, constitute a source of aesthetic inspiration, provide wildlife sanctuaries, and form the basis of important local traditions.

These functions, values and attributes can only be maintained if the ecological processes of wetlands are allowed to continue functioning. Unfortunately, and in spite of important progress made in recent decades, wetlands continue to be among the world’s most threatened ecosystems, mainly due to ongoing drainage, conversion, pollution, and over-exploitation of their resources.

Brief description of the MEA:

The Ramsar Convention entered into force on 21 December 1975. It provides that Parties must designate at least one wetland to be included in the ‘List of Wetlands of International Importance’, which should be selected according to its international significance in terms of ecology, botany, zoology, limnology or hydrology. Parties have a duty to promote the conservation of listed wetlands. However, Parties are also obliged to promote the conservation of wetlands and waterfowl by establishing nature reserves on wetlands regardless of whether those wetlands are included on ‘The Ramsar List’ or not.

Compliance mechanisms: National Reports on the implementation of the Convention were presented at COP-1 (1980) at the invitation of the Bureau. COP-2 (1984) recommended that all Parties submit reports to the Bureau six months prior to each ordinary COP meeting. The Ramsar Bureau also conducts on-site monitoring to review implementation. The wetlands inventory program supplements performance review information. In Resolution VII.20, the Parties recognised the importance of developing a national inventory of wetlands. The resolution urged Parties to give the highest priority to the task of completing a comprehensive wetland inventory. The Framework for Wetland Inventory was developed in response to Resolution VII.20 to provide guidance ondeveloping a wetland inventory program and in conducting associated identification, monitoring and implementation activities.

The Montreux Record was established at COP-4 (1990) and formalised at COP 5 (1993). The Record focuses attention on threatened Ramsar sites listed on the ‘Record of Ramsar sites where changes in ecological character have occurred are occurring or are likely to occur.’ It is coupled with a Monitoring Procedure that allows the Bureau to consult with a Party when it comes to the Bureau’s attention that a Ramsar-listed site within that Party’s jurisdiction is likely to be degraded due to anthropogenic interference. The Bureau can invite the Party concerned to submit additional reports, monitor the site, negotiate a solution and it may bring the matter to the attention of the

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Standing Committee, which can bring the issue to the COP. Technical assistance may also be provided.

Parties must encourage research and the exchange of information and promote training regarding wetlands. The Convention also stipulates that Parties must consult with other Parties about the implementation of the Convention, especially with regard to trans-frontier wetlands, shared water systems, shared species and development projects affecting wetlands. Guidelines have been produced for the implementation of the wise use of wetlands; for developing and implementing National Wetland Policies; reviewing laws and institutions to promote the conservation and wise use of wetlands and for international cooperation. At COP-7 the Bureau was directed to establish a clearing house and liase with other international organisations for information exchange on indigenous knowledge systems and participatory approaches.

The Ramsar Convention was adopted before implementation assistance funds became widespread features in international MEAs. The COP adopts a core budget administered by the Ramsar Bureau. Contributions to the budget come from the Parties, who contribute in proportion to their usual percentage contribution to the UN budget, although there is also cooperation with funding institutions such as the World Bank and the GEF. A Ramsar Small Grants Fund was established in 1990. Funds come partly from the Convention’s core budget, but largely from donations by Parties and others. It is administered by the Bureau under the supervision of the Standing Committee, pursuant to the Terms of Reference for the Financial Administration of the Convention, for activities to implement wetland conservation and wise use projects. Developing countries can apply for assistance by official request from a competent national authority.

Overview of implementation activities until end 2007:

Afghanistan is not yet a Party. However, because it intends to accede to the MEA, the Bureau normally funds the participation of one Afghan delegate in most regional and international meetings.

4.9 Basel Convention on Transboundary Movement of Hazardous Wastes and their Disposal

Short name of the MEA: Basel Convention

Date of signature, ratification/accession:

Afghanistan has signed the Convention, but not ratified it. This will occur at the same time as accession to the remaining MEAs in the chemicals cluster, namely Rotterdam and Stockholm Conventions.

National focal point: To be determined at a later date, but most likely NEPA.

Environmental problem that the MEA addresses:

If hazardous waste is indiscriminately dumped, accidentally spilled or improperly managed, it can poison the surrounding land and water for decades, and cause severe health problems – even death.

Therefore movement and dumping of hazardous wastes, particularly illegal dumping in developing nations by companies from developed countries, needs to be managed and controlled.

Brief description of the MEA:

The Basel Convention entered into force on 5 May 1992. The Convention regulates the transboundary import and export of hazardous wastes and obliges Parties to ensure that such wastes are managed and disposed of in an environmentally sound manner. Article 2.1 defines wastes as ‘substances or objects that are disposed of or are intended to be disposed of, or are required to be disposed of, by the provisions of national law.’ To ‘dispose of’ a waste means any of the operations set out in Annex IV, which may include resource recovery, recycling, reclamation, direct re-use or alternative use. Article 1 defines ‘hazardous wastes’ as those belonging to any of the waste streams contained in Annex I, unless they do not possess any of the hazard characteristics in Annex III. Further lists of waste are contained in Annex VIII (wastes that are presumed to be hazardous) and Annex IX (wastes that are presumed not

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to be hazardous), which were adopted at COP-4 (1998) and entered into force on 6 November 1998. The Convention also addresses ‘other wastes’, defined in Annex II as ‘categories of wastes requiring special consideration’ (i.e. household wastes and their residues). The Convention does not cover radioactive waste, which is already covered by other international control systems. Parties to the Convention adopted a decision at COP-3 (1995) to ban the movement of hazardous wastes from States listed in Annex VII (Members of OECD, EC and Liechtenstein) to States not listed in Annex VII.

Compliance mechanisms: Under Article 13.3 Parties must transmit reports to the COP each year. The reports must provide information on: Competent authorities and focal points; transboundary movements of hazardous wastes; efforts to achieve reductions in waste; available qualified statistics compiled on how the production, transportation and disposal of hazardous wastes affects human health and the environment; bilateral, multilateral or regional agreements entered into pursuant to Article 11 of the Convention; accidents in the transboundary movement or disposal of waste and measures taken to deal with them; disposal options within national jurisdictions; measures undertaken to develop technologies to reduce or eliminate the production of hazardous wastes; and any other matters the COP deems relevant.

Article 10.2(b) obliges Parties to cooperate in monitoring the effects of the management of hazardous wastes on human health and the environment, although this does not constitute third party monitoring of performance. Article 19 imposes monitoring obligations on the Parties. The provision states that any Party that has reason to believe that another Party has breached the Convention, may inform the Secretariat and the Party against whom the allegations are made.

Overview of implementation activities until end 2007:

Afghanistan is not yet a Party. However, because it intends to ratify the MEA, the Bureau normally funds the participation of one Afghan delegate in most international meetings.

4.10 Rotterdam Convention on Prior Informed Consent

Short name of the MEA:

Rotterdam ConventionPIC Convention

Date of signature, ratification/accession:

Afghanistan is not yet a Party, but will accede to the MEA within the next five years.

National focal point: To be determined at a later date, but most likely NEPA.

Environmental problem that the MEA addresses:

Some chemicals when released into the world can cause toxic reactions that persist in the environment for years (even decades), and can travel thousands of kilometres from where they were used. While alert to such dangers, citizens and governments also remain in favour of using chemicals for certain tasks because of cost and job implications. Deciding which chemicals are acceptable, and which pose too many risks, is a complicated matter – made even more complex in an ever-modernising world where there are now 70,000 chemicals on the market, with 1,500 new ones being introduced each year. There is also a thriving international trade in chemicals such as pesticides, with products that are banned in some countries being widely sold and used in others. The worlds least developed countries are desperately striving to both industrialise and raise farming yields, and sometimes they use chemicals they simply don’t have the technology to handle safely.

Brief description of the MEA:

The Rotterdam Convention entered into force on 24 February 2004. The aim of the Convention is to promote shared responsibility and cooperative efforts among Parties in the international trade of certain hazardous chemicals in order to protect human health, and the environment, from potential harm and to contribute to their environmentally sound use. The Convention gives legal force to the implementation of the Prior Informed Consent procedure (PIC procedure). Through the PIC procedure, the Secretariat to the PIC Convention acts as a clearing house through which decisions of

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importing countries, as to whether they wish to import certain chemicals, are compiled and circulated to other Parties. Parties can also use the Secretariat to exchange information about characteristics of chemicals to inform an importing Party about their dangers and use. The chemicals that are subject to the PIC procedure are listed in Annex III in accordance with recommendations from the Chemical Review Committee. Once a chemical is listed in Annex III, Parties must communicate their import decisions to the Secretariat. The Secretariat then summarises and compiles the responses and provides them to the other Parties. The import decision can be a final decision to consent, to consent subject to conditions, or to not consent. Otherwise, it can be an interim response or a request for further information.

Compliance mechanisms: There are no performance review self-reporting obligations in the PIC Convention. However, its working provisions entail detailed operational information exchanges that embody some information relevant to assessment of performance. For example, when a country takes action to ban or severely restrict a chemical, its Designated National Authority (DNA) must inform the Secretariat within 90 days of this action. The Secretariat then informs the other Parties (Parties must establish DNAs to be the contact points for information exchange and for communicating consents under the PIC procedure). Where a banned, or severely restricted chemical is exported from one Party to another Party’s territory, the exporting Party must provide exporting notification to the importing Party, in accordance with Annex V. If these notifications were compiled into a database, they would go some way towards the formation of a perspective to the Parties’ performance.

Article 14 requires each Party to facilitate: the exchange of scientific, technical, economic and legal information concerning the chemicals within the scope of the Convention; the provision of publicly available information on domestic regulatory actions relevant to the objectives of the Convention; and the provision of information to other Parties, directly or through the Secretariat, on domestic regulatory actions that substantially restrict one or more uses of the chemical, as appropriate.

At COP-1 (2004), the Parties called upon the Secretariat to conduct astudy into the possible options for financial mechanisms to enable developing countries to implement adequately the provisions of the Convention. The study was discussed at COP-2 (2005) but the Parties could not agree on a choice of financial mechanism, instead calling on the Secretariat to revisit the options in light of discussions at COP-2, and to report on the revised study at COP-3 (2006).

Overview of implementation activities until end 2007:

Afghanistan is not yet a Party to the MEA.

4.11 Stockholm Convention on Persistent Organic Pollutants

Short name of the MEA:

Stockholm ConventionPOPs

Date of signature, ratification/accession:

Afghanistan is not yet a Party, but will accede to the MEA within the next five years.

National focal point: To be determined at a later date, but most likely NEPA.

Environmental problem that the MEA addresses:

The ‘Chemicals Revolution’ has indeed contributed greatly to human well-being. Chemicals have raised farming yields by killing crop pests, and have made possible an endless array of useful products. But once released, some chemicals cause toxic reactions, persist in the environment for years, travel thousands of kilometres from where they were used, and threaten long-term health and ecological consequences that were never anticipated or intended. One class of substances in particular, known as persistent organic pollutants, has especially aroused concern. POPs act as powerful pesticides and serve a range of industrial purposes. Some POPs are also released as unintended by-products of combustion and industrial processes. While the risk level

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varies from POP to POP, by definition all of these chemicals share four properties:

1) They are highly toxic;2) They are persistent, lasting for years or even decades before degrading into less

dangerous forms;3) They evaporate and travel long distances through the air and through water; and 4) They accumulate in fatty tissue.

This is a dangerous combination. The persistence and mobility of POPs means that they are literally everywhere in the world, even places as far as the Arctic, Antarctica, and remote Pacific islands. Their attraction to fatty tissue, known as ‘bioaccumulation’, means that even though a poison is first dispersed widely and thinly it gradually starts to concentrate as organisms consume other organisms as they move up the food chain. The chemicals reach magnified levels – up to many thousands of times greater than background levels – in the fatty tissues of creatures at the top of the food chain, such as fish, predatory birds, and mammals – including human beings.

Brief description of the MEA:

The Stockholm Convention entered into force on 17 May 2004. It aims to protect human health and the environment from the most dangerous persistent organic pollutants, including the ‘dirty dozen’, by helping Parties to switch to safer alternatives and to clean up existing stockpiles. The Convention divides chemicals in three groups: intentionally produced chemicals; unintentionally produced chemicals; and stockpiles. Annexes A and B list intentionally produced chemicals, which are mainly pesticides. Annex A deals with chemicals that are to be eliminated, while Annex B deals with those which are to be restricted. Parties are required to prohibit and/or take the necessary measures to eliminate the production, import and export of Annex A chemicals and to restrict the production and use of Annex B chemicals. In addition, Annex A or B chemicals may only be imported or exported for their environmentally sound disposal, or for a use that is permitted for that Party under Annexes A or B. Annex C lists persistent organic pollutants, which are formed and released unintentionally from anthropogenic sources. Pursuant to Article 5, Parties must take measures to reduce the total releases derived from anthropogenic sources of Annex C chemicals, with the goal of their continuing minimisation and ultimate elimination. Parties are also obliged to reduce or eliminate releases from stockpiles and wastes of Annex A, B and C chemicals. Wastes containing POPs are to be handled, collected, transported and stored in an environmentally sound manner and in accordance with international rules (e.g. the Basel Convention).

Compliance mechanisms: Parties must provide the COP with reports on their implementation and on the effectiveness of their implementation measures in meeting the Convention’s aims. They must also provide the Secretariat with statistical data on their total quantities of production, import and export of the listed chemicals or reasonable estimates and a list of States from which or to which it has imported or exported each substance. This reporting obligation ties in with the Parties’ obligation to develop and endeavour to implement a plan for the implementation of their obligations under the Convention, submit that plan to the COP within two years of the date on which the Convention enters into force for it to review and update the plan. Interim guidelines have been developed to assist Parties. Although primarily related to scientific baseline information, rather than performance review information, Parties are to undertake appropriate monitoring of POPs, including monitoring of their sources and releases into the environment; presence, levels and trends in humans and the environment; environmental transport, fate and transformation; effects on human health and the environment; socio-economic and cultural impacts; release reduction and/or elimination and harmonized methodologies. The COP is required to develop and approve procedures and institutional mechanisms for determining non-compliance with the provisions of the Convention and for appropriate penalties.

The Convention provides for the provision of technical assistance to developing Parties. Technical assistance includes technical assistance for capacity building relating to the implementation of the obligations under the Convention. Under Article 9, Parties must facilitate or undertake the exchange of information relevant to the reduction or elimination of the production, use and release of POPs and alternatives to

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POPs. The Secretariat serves as a clearing house mechanism for information on POPs including information provided by the Parties, intergovernmental organisations and NGOs. Parties must encourage and/or undertake appropriate research, development, monitoring and cooperation pertaining to POPs. In doing so, they must: Support and develop international programmes or organisations aimed at defining, conducting, assessing and financing research and data collection and monitoring; support national and international efforts to strengthen scientific and technical research capabilities; and consider the concerns and needs of developing Parties with regard to technical and financial resources with a view to improving their capability to participate in the above mentioned efforts. Parties undertake to provide financial support to national activities that are geared towards implementing the Convention.

Developed Parties undertake to provide financial resources to developing Parties in accordance with the financial mechanism established under Article 13.6 or to provide financial resources through other bilateral, regional and multilateral means. At their first meeting, Parties must adopt and provide guidance to the financial mechanism. In the interim, the GEF is the principal entity entrusted with the operations of the financial mechanism. The GEF and the Swedish Government have funded workshops to assist Parties in strengthening their national chemicals management programs with respect to the implementation and ratification of this Convention. At COP-1 (2005), Parties requested the GEF to develop a new focal area and operational procedures to support the implementation of the Convention.

Overview of implementation activities until end 2007:

Afghanistan is not yet a Party, although is invited to participate in meetings from time to time.

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5 Participation in MEA Meetings and Negotiations

The purpose of this chapter of the handbook is to assist Afghan officials to prepare for MEA COP meetings, workshops and other international forums. This chapter provides an overview of what to expect at such meetings, preparation guidelines, and some background to the political issues at play.

5.1 Preparation for Meetings

All successful negotiators need to prepare thoroughly in-country, long before the actual negotiations take place. For the Afghan delegation to be successful, they will need a comprehensive understanding of Afghanistan’s interests in the issues under negotiation, as well as a good sense of the interests of other delegations in attendance. The delegates will want to identify the country’s national needs and develop a national position on the issues that will address those needs.

A negotiating team should be identified and mobilised well in advance, so that negotiators have sufficient time to familiarise themselves with the agenda for the upcoming session, and time to highlight and brief important issues for government policy makers. During this preparatory phase, delegates are encouraged to visit the UNEP office for further guidance.

Each stage of an MEA’s lifecycle has distinct characteristics and outcomes. Before attending a negotiating session for a particular MEA, the delegate will need to determine what stage of negotiations in that MEA’s lifecycle has been reached. Is it the pre-negotiation or negotiation stage? Has the MEA entered into force? If so, are parties negotiating decisions that will take forward its work? Are parties considering ways to adapt the MEA to address new concerns? Or, will the negotiating session be to negotiate a whole new protocol to an existing MEA?

5.2 What to Expect at a Meeting

Many MEA negotiations begin with a plenary session. Following the opening remarks, the session’s President or Chairperson will introduce the session’s proposed agenda. Once the agenda has been formally adopted, the plenary will work its way through the agenda. Issues that can be easily resolved will be addressed and settled. More difficult or complex issues will typically be referred to subsidiary bodies, contact groups or working groups. These bodies or groups could already exist, or they may be established at the session in order to address a new issue. All interested Parties are usually invited to participate in these bodies and groups. The Chairpersons or coordinators for these groups will be named or acknowledged in the session.

The subsidiary body, contact group or working group will meet and report back to the plenary. These meetings tend to follow the same format as a plenary session – beginning with general statements, during which country blocs and individual countries express their views on the specific issue under consideration. The group Chair or Co-chairs assist the group in developing a common understanding of what needs to be done. The Parties work to develop an agreed document to reflect the sentiments of the various coalitions and interest groups involved, on how to move forward with the issue under consideration.

When participating in MEA negotiation sessions on behalf of Afghanistan, delegates will want to pay close attention to the negotiating etiquette and word choice. It is helpful to watch senior negotiators to see how they conduct themselves.

Checklist of what to bring with you:

• If you are in a main UN Centre (e.g. New York, Geneva, Nairobi, or Bangkok) then take the telephone and addresses of the missions of the key countries, including the Afghanistan mission (if there is in one);

• Timetable of the event – your meetings as well as the negotiations;

• Your own copy of the MEA text, with your own notes;

• A briefing document setting out Afghanistan’s policy approach to the subject of the meeting;

• A notebook, to keep a diary of the discussions that occur throughout the session;

• File folders or a ring binder, with relevant documents separated by issue;

• Memory stick/ flashdisk; • Business cards with contact details to give to

other delegates; and• A copy of this handbook.

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However, even if the delegate is a new negotiator or a member of a small delegation, it is important to remember that as an individual the delegate can make a substantial contribution to the negotiating process.

• Sample Daily ScheduleAlthough every MEA will have its own individual approach, there are some general rules that apply, particularly around the daily schedule:

– 8am: Individual government delegations usually meet internally to prepare their own country’s lobbying position, and to review the previous day.

– 9am: Governments usually attend meetings of the relevant groupings they are members of, for example, G-77 or the European Union. NGOs and other stakeholders will also usually hold their consultations to prepare for the day.

– 10am to 1pm: Meeting sessions.

– 1pm to 3pm: Lunch and side events. An opportunity to spend time with other government officials.

– 3pm to 6pm: Meeting sessions (additional sessions will be added when needed, often into the night).

– 6pm to 8pm: Side events can also be held at this time.

• Sessions It is important to understand that different types of sessions will take place within any one meeting – from formal plenaries to informal working groups.

– Committee of the Whole (COW): The formal sessions of a UNEP or MEA COP meeting. These are governed by rules of procedure and are simultaneously translated in all of the six UN languages (English, Arabic, French, Spanish, Chinese and Russian).

– Contact groups: Set up to resolve a particular issue of disagreement. The members of the group are drawn from the governments who disagree, although they are open for others to attend. Sometimes called the Vienna

process or ‘Vienna setting’ where much of the informal negotiations go on.

– Friends of the Chair/President: The meeting could use the Friends of the Chair approach, where the Chair invites a few of the prominent negotiators to form a group to informally help develop consensus on an issue or a set of issues.

– Informals: A subsidiary body of the working groups that are set up when there is a set of critical issues that needs to be addressed.

– Working groups: Subsidiary bodies of the COW. Usually no more than two groups will meet at any one time. Joint working groups come together when there are crosscutting issues. The two working groups can be brought together to deal with them.

• Meeting OutcomesOne of the following outcomes can usually be expected after a meeting:

– A Statement of the Chairperson: Occurs when certain issues cannot be resolved and remain on the table for negotiation. The statement attempts to capture the opinions of the majority of participants. Since negotiations are ongoing, Parties may freely accept or reject the contents of these statements.

– Resolutions: Can take the form of a declaration, conclusion or recommendation. Resolutions are not compulsory and do not create rights or obligations. However, they do reflect a consensus or majority opinion. For this reason, resolutions are instructive but not mandatory instruments. Classic examples of effective resolutions include the Stockholm Declaration and Rio Declaration.

– Recommendations and conclusions: Often represent the outcomes of a subsidiary body negotiation and are adopted by consensus. They can contain agreement on future action for the subsidiary body, or suggestions for the wording of later COP decisions.

– Decisions: These are legally binding conclusions entered into by the Parties.

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5.3 Political Background to Negotiations: Regional and Negotiating Blocks

There are a number of major negotiating groups and regional interest groups in MEA negotiations. It is important to note that membership to one regional or interest-based negotiation coalition does not preclude membership in other coalitions. For example, it is possible for a single country to be a member of the Group of 77 and China (G-77 and China), the Least Developed Country Group (LDC), and the Alliance of Small Island States (AOSIS) all at the same time. However, countries in this position may have to deal with conflicting interests amongst the various coalitions.

It is also useful to know that there are five UN regional groupings that are based on established UN practice. These are: Africa, Asia (which includes the Pacific and Afghanistan), Central and Eastern Europe, Latin America and the Caribbean (also known as GRULAC) and Western Europe and Others (WEOG – where ‘others’ include Australia, Canada,

Terminology in MEA Texts

Affirming: Agreeing on thisAgrees upon: Everyone supports the decisionBearing in mind: Giving thought toCalling for: Asking for State actionCalling upon: Asking another entity to do somethingConcurring: Agreeing with another decisionConsidering: To reflect on an issue, without necessarily taking actionConsensus: Agreement from all, or at least most, countries. If there is no explicit objection, a decision can be adopted by consensusDecides: A legally binding conclusionDeclares: Announces a resolution to somethingDeveloping: Something that will happen in the futureEndorsing: To provide further support for a previous decisionEncouraging: To express hope that another entity will take actionEnhancing: To develop furtherEstablishing: To create somethingExpressing concern: Strong diplomatic language to express displeasureMaintaining: Supporting a current system or positionNoting: Acknowledging something, but taking no further actionPromoting: To publiciseReaffirming: Agreeing on a decision already madeRecalling: Highlighting a previous decision or actionRecognising: To acknowledge somethingRequests: Asks another entity to do somethingStressing: To give significance to a particular issueUrges: To strongly request action without the authority to enforce such actionWelcomes: To provide non-legally binding support for something

New Zealand, and the US). Regional groupings are used, among other things, as a basis for electing members of boards and Bureaus.

Negotiation CoalitionsA brief description of some of the major negotiating coalitions is set out below.

• European Union The EU has just grown from 15 to 27 countries, and how this will change the EU is as yet unknown. At present, the European Union operates on a six-month presidency from January until the end of June, and from July to the end of December. The role and duties of the EU presidency include:

– Management and enhancement of cooperation between the members of the European Council, the Council of Ministers and the Committee of permanent representatives;

– Representation of the Council of the European Union in other EU institutions and

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organs (especially the European Parliament and the European Commission); and

– Representation of the EU in international organisations, meeting and forums and its relations with developing countries.

• Group of 77 and ChinaThe Group of 77 (G-77) was established on 15 June 1964 by 77 developing countries, all signatories of the Joint Declaration of the 77 Countries issued at the end of the first session of the UN Conference on Trade and Development in Geneva. The Chair of the G-77 rotates through the UN Regions of Africa, Asia, West Asia, and Latin America and the Caribbean. The position is held for a year, but recently G-77 has been developing its own triumvirate involving the previous chair, the present chair, and the next chair. The membership of G-77 now includes 133 members, although it has retained its name. Members are: Afghanistan, Algeria, Angola, Antigua and Barbuda, Argentina, Bahamas, Bahrain, Bangladesh, Barbados, Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Burundi, Cambodia, Cameroon, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Côte d’Ivoire, Cuba, Cyprus, Democratic People’s Republic of Korea, Democratic Republic of the Congo, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Ethiopia, Fiji, Gabon, Gambia, Ghana, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, India, Indonesia, Iran (Islamic Republic of), Iraq, Jamaica, Jordan, Kenya, Kuwait, Lao People’s Democratic Republic, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Micronesia (Federated States of), Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Nicaragua, Niger, Nigeria, Oman, Pakistan, Palau, Palestine, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Qatar, Romania, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and

Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, South Africa, Sri Lanka, Sudan, Suriname, Swaziland, Syrian Arab Republic, Thailand, Timor-Leste, Togo, Tonga, Trinidad and Tobago, Tunisia, Turkmenistan, Uganda, United Arab Emirates, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia, and Zimbabwe.

The G-77 has a formidable task in coordinating and representing such enormous diverse interests, and its end has been forecast for many years. Within G-77 there are regional groups as well as interest groupings. China sometimes associates itself with the Group of 77, and sometimes doesn’t. There are also important regional players within G-77, including: India, Pakistan, Nigeria, South Africa, Egypt, Brazil, Venezuela, Iran and Saudi Arabia. For more information, see http://www.g77.org

• Alliance of Small Island StatesAOSIS consists of 43 members and observers and plays a critical role, particularly in the climate change negotiations where it represents many of the most vulnerable States.

Member are: Antigua and Barbuda, Bahamas, Barbados, Belize, Cape Verde, Comoros, Cook Islands, Cuba, Cyprus, Dominica, Fiji, Federated States of Micronesia, Grenada, Guinea-Bissau, Guyana, Haiti, Jamaica, Kiribati, Maldives, Malta, Marshall Islands, Mauritius, Nauru, Niue, Palau, Papua New Guinea, Samoa, Singapore, Seychelles, Sao Tome and Principe, Solomon Islands, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Suriname, Tonga, Trinidad and Tobago, Tuvalu, Vanuatu. Observers include: American Samoa, the Netherlands Antilles and US Virgin Islands.

• JUSCANZThe non-EU industrialised countries meet as a group to discuss various issues. These are (J-US-C-A-NZ): Japan, the US, Canada, Australia, New Zealand. It now includes Iceland, Mexico, Norway, Switzerland, and the Republic of South Korea may also attend the meetings. This bloc

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does not often work as formal negotiating group, but more as an ad hoc group.

• Least Developed Countries (LDCs)The LDCs are defined as countries with the following: 1) Low per capita income; 2) human resource weakness; and 3) economic vulnerability.

They include: Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Cape Verde, Central African Republic, Chad, Comoros, Democratic Republic of the Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Lao People’s Democratic Republic, Lesotho, Liberia, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Myanmar, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, Sudan, Timor-Leste, Togo, Tuvalu, Uganda, United Republic of Tanzania, Vanuatu, Yemen, and Zambia. For more information, see www.un.org/special-rep/ohrlls/ldc/default.htm

5.4 Particular Challenges for Developing Country Coalitions

Coalitions formed by developed countries differ from developing State coalitions in various

ways. Developing country coalitions represent a vast number of countries whose interests often diverge. For example, the G-77 and China negotiating bloc represents over 130 member states. This group contains both more ‘advanced’ developing countries, such as Singapore and South Africa, and ‘least developed countries’ at the other end of the development spectrum. It also contains groups with differing economic interests and priorities. In addition to these challenges, large developing country coalitions may lack the resources to coordinate negotiating positions in advance of negotiations through inter-sessional meetings – unlike their developed country counterparts.

• Delegation sizeDeveloping countries typically bring far fewer representatives to international negotiating sessions than their developed country counterparts, due to the expense involved. For example, at the Sixth Conference of the Parties to the Climate Change Convention, the EU and Umbrella Group each had six times more representatives per Party than the G-77 and China group. Small delegations, like Afghanistan, are encouraged to team up with other delegations from like-minded countries to share information and increase their negotiating strength.

Example: Active Coalitions within the Climate Change Convention

In the climate change negotiations, a number of coalitions exist to express and advance their members’ positions. In addition to the EU, G-77 and China, and the AOSIS, member States of the Organisation for Petroleum Exporting Countries (OPEC) have played a significant role in protecting the interest of petroleum exporting countries. OPEC was formed in 1960 by five founding States, and today represents the interests of 11 developing countries whose economies rely on the exportation of oil. OPEC’s stated mission is to stabilise the oil market and ensure a reasonable rate of return on investments made by oil producers. While OPEC itself does not speak as a bloc in the climate negotiations, OPEC members frequently take the floor to support each other’s negotiating positions. In recent negotiating sessions, the LDC Group has begun to negotiate more cohesively as a unit, to ensure that LDC interests are not overshadowed by the larger goals of the G-77 and China. The EU negotiates on behalf of 27 countries. JUSCANZ (described above) and the wider ‘Umbrella Group’ (Australia, Canada, Iceland, Japan, New Zealand, Norway, Russia, Ukraine and USA) have also been active at various times. The ‘Environmental Integrity Group’ (Mexico, the Republic of Korea and Switzerland) sometimes intervene as a separate negotiating bloc to ensure their inclusion in last minute, closed-door negotiations. In climate change negotiations, the economic interests of OPEC members with fossil-fuel dependent economies are often at odds with the interests of countries that are vulnerable to the impacts of climate change – such as small island states. AOSIS and LDC Group members’ interests lie in a strict climate regime with assistance for adaptation to the adverse effects of climate change; OPEC countries argue for a more relaxed regime, as they believe that climate policies and measures may reduce revenues from oil exports. The African Group, comprised of both vulnerable countries and OPEC countries, also contains diverse interests. As a result of these dynamics, it is often challenging for the group of developing countries to reach consensus.

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• Complex negotiations MEA negotiations have become increasingly complex. Often many key issues are being discussed at the same time, making it impossible for one or two-person delegations to cover all the issues under discussion. It could even be difficult to keep on top of all locations and timings for the various contact groups, ‘informals’ and coalition meetings taking place. For this reason, Afghan negotiators and participants should try to select one or two key issues for the delegation, and focus their efforts on these issues. It is also a good idea to team up with other countries in the G-77 and LDC coalitions to share information. Strategic use of coalitions will allow you to pool your resources and expertise, and make a larger impact in negotiations than Afghanistan might otherwise be able to make individually.

• Team size and negotiator skills Developed country coalitions have the ability and resources to establish comprehensive negotiating teams comprising of lawyers, economists, scientists, and diplomats. Developing country coalitions, on the other hand, often rely primarily on scientists and politicians in their negotiating teams, due to limited resources. It is important to look for different kinds of skills and talent within your own negotiating team and within your negotiating coalitions, so that you know where to turn if technical information is required or where certain skills may be called for on the agenda item you are negotiating.

5.5 Reporting Back to the Afghan Government

When returning from a negotiating session, it is extremely important that delegates prepare a mission report. The report should highlight the overall outcomes of the negotiation; the outcomes that most directly affect Afghanistan’s concerns (e.g. specific conclusions, recommendations and decisions); a description of the issues the delegate followed and the position he or she took on those issues; any interventions he or she made; and the broad positions of other Parties on these issues. The delegate should also highlight any controversial issues; any unresolved issues; and provide a detailed outline of next steps.

The mission report should be easy to understand by someone who did not attend the negotiating session and will act as a helpful background document for members of your delegation attending the next negotiating session. It will also serve as a handy overview for you to use in preparing for the next negotiating session. The final mission report should be distributed to all relevant government agencies, including the Ministry of Foreign Affairs.

The mission report should include at least the following:

• The date, location, title and purpose of the negotiating session;

• Copy of the agenda;

• A list and description of the issues that were followed closely;

• Copies of decisions reached, highlighting those most significant for Afghanistan;

• Description of the issues where final decisions or conclusions could not be reached;

• Written copies of any oral interventions made by Afghanistan;

• List of issues on which comments will be sought from the Parties before the next formal meeting, and dates agreed for submission of views;

• List of workshops that have been agreed upon that will occur inter-sessionally;

• Impor tant contacts made wi th other governmental representatives;

• Open issues that need to be resolved;

• Challenges faced, and any lessons learned.

Help is available!

Many NGOs and media representatives attend MEA negotiations. NGOs from both developed and developing countries are often willing to share what they know about a range of scientific, technical, legal, political, and economic developments relating to the negotiating process. Many have been involved in these processes for a long time and can be a very valuable resource. Media representatives can also be helpful in making your environmental concerns and your country positions known to the general public – particularly if you believe that some of your concerns are not being adequately addressed within the negotiating process!

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Annex 1: Glossary of Commonly Used MEA Technical Terms

The terms described below have been selected because they are terms that are relevant to the MEAs to which Afghanistan is a Party, and are likely to be encountered by officials attending international MEA forums on behalf of the country. Some are technical scientific terms, others are jargon commonly used within the context of international negotiations and meetings.

ABS Access to genetic resources and benefit sharing. Acronym used to refer to access to genetic resources and the fair and equitable sharing of benefits arising from their utilization as set out in of the Convention on Biological Diversity.

Accession Act whereby a State becomes a Party to an international agreement already negotiated and closed for signature. Accession has the same legal effect as ratification, although an acceding State has not signed the agreement.

Accreditation Approval and assertion of the fact that credentials submitted by delegates to a particular meeting are in order.

Ad hoc Latin word meaning ‘for this purpose.’ An ad hoc committee, for example, is created with a unique and specific purpose or task and once it has studied and reported on a matter, it is discontinued.

Agenda 21 Programme of action on sustainable development adopted at the UN Conference on Environment and Development in 1992, often referred to as the ‘Blueprint for Sustainable Development.’ Agenda 21 has 40 chapters dealing with all aspects of sustainable development, including social and economic dimensions (combating poverty and promoting human health), conservation and resource management, major groups (e.g. women, indigenous people, business and unions), and means of implementation (e.g. financial resources, transfer of technology, public awareness and education).

Alien species Species occurring in an area outside of its historically known natural range as a result of intentional or accidental dispersal by human activities. Alien species are not necessarily invasive species.

Amendment 1) A modification or addition to an existing legal instrument (e.g. a treaty, convention, or protocol). 2) A modification to a proposal under negotiation (e.g. draft decision, draft recommendation, or draft resolution).

Binding Adjective which means that an instrument entails an obligation (usually for States) under international law.

Biodiversity Shorthand for biological diversity. Variability among living organisms from all sources including terrestrial, marine and other aquatic ecosystems, and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems (CBD, CITES, CMS, Ramsar, WHS).

Biological resources

Genetic resources, organisms or parts thereof, populations, or any other biotic component of ecosystems with actual or potential use or value for humanity (CBD).

Bioprospecting Exploration of biodiversity for commercially, scientifically, or culturally valuable genetic and biochemical resources.

Biosafety Set of measures or actions addressing the safely aspects related to the application of biotechnologies (see biotechnology) and to the release into the environment of transgenic plants and other organisms, particularly microorganisms, that could negatively affect plant genetic resources, plant, animal or human health, or the environment.

Biosafety Protocol Protocol to the Convention on Biological Diversity. Also referred to as the ‘Cartagena Protocol.’ Adopted in 2000, entered into force in 2004. The Protocol regulates the transboundary movement, transit, handling and use of living modified organisms that may have an adverse effect on the conservation and sustainable use of biodiversity, taking also into account human health. Afghanistan is NOT a Party to the Protocol.

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Biosphere reserves Sites recognised under UNESCO’s Man and Biosphere Programme that innovate and demonstrate approaches to conservation and sustainable development. They are of course under national sovereign jurisdiction, yet share their experience and ideas nationally, regionally and internationally within the World Network of Biosphere Reserves. There are 529 sites worldwide in 105 countries.

Biotechnology Any technological application that uses biological systems, living organisms, or derivatives thereof, to make or modify products or processes for specific use (CBD).

Carbon market A popular term for a trading system through which countries may buy or sell units of greenhouse gas emissions in an effort to meet their national limits on emissions, either under the Kyoto Protocol or under other agreements, such as that among member states of the European Union.

Carbon sequestration

The process of removing additional carbon from the atmosphere and depositing it in other ‘reservoirs’, principally through changes in land use. In practical terms, the carbon sequestration occurs mostly through the expansion of forests.

Cartagena Protocol Other name of the Biosafety Protocol to the Convention on Biological Diversity (CBD).

Caucus A group of like-minded delegations, which meet both during and outside negotiations to develop common positions and negotiation strategies.

CFCs Chlorofluorocarbons. A category of chemical substances that contributes to the depletion of the ozone layer. Regulated under the Montreal Protocol.

Clearing house mechanism

The term originally referred to a financial establishment where cheques and bills were exchanged among member banks so that only the net balances need to be settled in cash. Today, its meaning has been extended to include any agency that brings together seekers and providers of goods, services or information, thus matching demand with supply. The CBD has established a clearing house mechanism to ensure that all governments have access to the information and technologies they need for work on biodiversity.

Clean development mechanism

One of the three market-based mechanisms under the Kyoto Protocol to the UN Framework Convention on Climate Change (UNFCCC), whereby developed countries may finance greenhouse gas emissions-avoiding projects in developing countries, and receive credits for doing so which they may apply towards meeting mandatory limits on their own emissions (UNFCCC).

Climate change Change of climate, which is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is in addition to natural climate variability observed over comparable time periods (UNFCCC).

Compliance Fulfilment by a Party of its obligations under an international agreement.

Conference of the Parties (COP)

One of the designations for the main negotiating body under an international agreement. The COP is a policy-making body that meets periodically to take stock of implementation of the agreement and adopt decisions, resolutions, or recommendations for the future implementation of the agreement.

Consensus A mode of adoption of decisions, resolutions, or recommendations without voting. A decision is adopted by consensus if there is no formal explicit objection made. Whether there is consensus on an issue or not is determined by the presiding officer on the basis of the views expressed by delegates and his/her subjective assessment of the sense of the meeting.

Credentials A document evidencing a person’s authority. Signed by the Head of State or government, or other high authority. Without credentials in order, a person is not considered a delegate and cannot legally act on behalf of his/her State and participate in decision making.

Delegate Representative of a State or organisation who has been authorised to act on its behalf and whose credentials are in order.

Delegation Team of delegates to a meeting from the same country or organisation.

Desertification Degradation of land in arid, semi-arid and dry sub-humid areas, resulting from various factors, including climatic variations and human activities (UNCCD).

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Designated national authority

The national agency responsible for addressing specific issues or acting as the focal point for an MEA.

DSA Daily Subsistence Allowance. Allowance paid to UN staff or delegates to a UN meeting, which is intended to account for lodging, meals, gratuities and other business-related expenses during the period of the meeting.

Economic instruments

One of the tools for environmental protection that make use of fiscal incentives (subsidies) and deterrents (taxes), as well as market measures such as tradable emissions permits, rather than regulating specific outcomes.

Ecosystem Dynamic complex of plant, animal, microorganism communities and their non-living environment, interacting as a functional unit (CBD). Ecosystems are irrespective of political boundaries.

Ecosystem approach

Strategy for the integrated management of land, water and living resources that promotes conservation and sustainable use in an equitable way (CBD, FAO, Ramsar Convention).

Ecosystem services Processes and functions provided by natural ecosystems that sustain life and are critical to human welfare.

Ecotourism Travel undertaken to witness sites or regions of unique natural or ecologic quality, or the provision of services to facilitate such travel.

EIA Environmental Impact Assessment, which is Process by which the environmental consequences of a proposed project or programme are evaluated and alternatives are analyzed. EIA is an integral part of the planning and decision-making processes.

Emissions trading Mechanism under the Kyoto Protocol through which Parties with emissions commitments may trade units of their emissions allowances with other Parties (UNFCCC).

Enforcement Range of procedures and actions taken by a State and its competent authorities to ensure that persons or organisations failing to comply with laws or regulations are brought back into compliance or punished through appropriate action.

Entry into force Coming into legal effect of an international agreement, i.e. time at which an international agreement becomes legally binding for the States that have ratified it, or acceded to it, or otherwise expressed their consent to be bound by the agreement.

Focal point An official or agency designated by a government to serve as the focus or channel of communications for a particular issue or agreement.

Framework convention

Convention that provides a decision-making and organisational framework for the adoption of subsequent complementary agreements (e.g. protocol). Usually contains substantial provisions of a general nature, the details of which can be provided in the subsequent agreements.

G-8 Group of eight industrialized countries comprising Canada, France, Germany, Italy, Japan, Russia, the UK and the US.

G-77 Originally group of 77 developing countries established in 1964 at the first session of UNCTAD. Now gathering 133 developing States. The Group seeks to harmonize the positions of developing countries prior to and during negotiations. China sometimes also associates itself with the G-77, in which case the group is referred to as ‘G-77/China’ or ‘G-77 plus China.’

GATT General Agreement on Tariffs and Trade (1994). One of the agreements annexed to the Marrakech Agreement establishing the World Trade Organisation (WTO).

GEF Launched in 1991, the Global Environment Facility (GEF) provides grant and concessional funds to developing countries for projects and programmes targeting global environmental issues: climate change, biological diversity, international waters, ozone layer depletion, land degradation and persistent organic pollutants. Its implementing agencies are UNEP, UNDP, and the IBRD. Designated as the operating entity of the financial mechanism for some MEAs (e.g. the CBD and the UNFCCC).

47A Handbook for Afghan Officials

Greenhouse gases (GHGs)

Atmospheric gas that traps the heat and is responsible for warming the earth and climate change. The major greenhouse gases are: carbon dioxide (CO2), methane (CH4) and nitrous oxide (N20). Less prevalent – but very powerful – greenhouse gases are hydrofluorocarbons (HFCs), perfluorocarbons (PFCs) and sulphur hexafluoride (SF6). Those gases are regulated under the UN Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol. Some greenhouse gases are also regulated under the Montreal Protocol for their effects on the ozone layer.

Hard law Term used to describe the legally binding nature of various agreements or provisions, which leave no or little room for discretion. Often opposed to soft law.

Hazardous waste Wastes that exhibit one or more hazardous characteristics, such as being flammable, oxidizing, poisonous, infectious, corrosive, or ecotoxic (Basel Convention).

High-level segment Segment of a meeting composed of the highest-level representatives of State Parties attending the meeting.

Hotspot 1) Area particularly rich in total numbers of species (sic ‘biodiversity hotspot’). 2) Area of especially high concentrations of pollutants.

In-situ Latin phrase meaning ‘within the original place.’ In-situ condition is the condition of genetic resources in their ecosystems and natural habitats and, in the case of domesticated or cultivated species, in the surroundings where they have developed their distinctive properties (CBD).

In-session documents

Documents distributed during a meeting, such as conference room papers (CRP), limited distribution documents (L. docs), informal documents, etc.

IPCC Intergovernmental Panel on Climate Change. Established jointly by the World Meteorological Organisation (WMO) and UNEP in 1998 to assess the scientific, technical and socio-economic impacts of climate change.

Kyoto Protocol Protocol to the UN Framework Convention on Climate Change (UNFCCC). Provides for binding emission reductions for Annex I Parties to the UNFCCC. Adopted in 1997, entered into force in 2005.

Land degradation Reduction or loss, in arid, semi-arid and dry sub-humid areas, of the biological or economic productivity and complexity of rained cropland, irrigated cropland, or range, pasture, forest and woodlands resulting from land use or from a process or combination of processes, including processes arising from human activity and habitation patterns.

Least Developed Countries (LDCs)

Countries at the lowest level of the scale of development. Status defined according to level of income, human resources, and economic vulnerability.

Like-minded Group of delegations that share common interests and positions on specific issues.

MDGs Millennium Development Goals. A set of eight goals and associated targets to achieve poverty alleviation by 2015, which found their origin in the Millennium Summit.

Meeting of the Parties

A body equivalent to the Conference of the Parties. The terminology differs according to agreements. In practice, there is a tendency within environment negotiating forums to use ‘Conference of the Parties’ for the conventions and Meeting of the Parties for the protocols.

Member State State that is a member of an international organisation.

Memorandum of Understanding

A simplified type of international instrument, which can be concluded between States, between States and international organisations or between international organisations. MoUs can provide a framework for cooperation or be concluded for specific time-bound activities.

Montreal Protocol Shorthand for the Montreal Protocol on Substances that Deplete the Ozone Layer. Protocol to the Vienna Convention for the Protection of the Ozone Layer. Adopted in 1987, entered into force in 1989.

Multilateral Environmental Agreement (MEA)

A generic term for treaties, conventions, protocols, and other binding instruments related to the environment. Usually applied to instruments of a geographic scope wider than that of a bilateral agreement (i.e. between two States).

48 Multilateral Environmental Agreements:

NAP National Action Plan. Required under the UN Convention to Combat Desertification (UNCCD) for the implementation of the Convention.

NAPA National Adaptation Programme of Action. Prepared by least developed countries under the UN Framework Convention on Climate Change (UNFCCC) for urgent activities to cope with climate change.

National Communication

Under the UN Framework Convention on Climate Change (UNFCCC), document by which a Party informs other Parties of activities undertaken to mitigate climate change.

NBSAP National Biodiversity Strategy and Action Plan. Required under the Convention on Biological Diversity (CBD) for the implementation of the Convention.

NCSA National Capacity Self-Assessment for Global Environmental Management. Initiative by the Global Environment Facility that aims to assist countries to assess their capacity needs to implement the Rio Conventions on the basis of synergies between these conventions.

Non-Party Refers to a State that has not ratified, acceded, or otherwise become a Party to an international agreement. As a Non-Party, a State may have limited rights to participate in negotiations or deliberations under the agreement, or to invoke provisions of the agreement.

Notification Formal communication that bears legal consequences (e.g. start of a time-bound period).

Objection Oral or written statement by which a delegation informs a meeting that it objects to the adoption of a proposed decision, resolution, recommendation, or measure.

Observer Non-State or State actor invited to participate in a limited capacity in discussions during negotiations. Observers are not allowed to negotiate text and have no voting powers. In practice, some observer States do negotiate, although they do not participate in final decision making.

OECD The Organisation for Economic Cooperation and Development is an organisation of advanced economies in North America, Europe, and the Pacific region that share a commitment to democratic government and a market economy. Originated in 1948 as the Organisation for European Economic Cooperation (OEEC), to help administer the Marshall Plan for the reconstruction of Europe after World War II.

OPEC Organisation of the Petroleum Exporting Countries. Organisation of eleven developing countries whose economies rely on oil export revenues. Created in 1960 to, inter alia, achieve stable oil prices, which are fair and reasonable for both producers and consumers.

Open-ended Said of a meeting or a group which is not time-bound (unless specified otherwise) and participation is not restricted.

Party Refers to a State (or regional economic integration organisation such as the European Union) that has ratified, acceded to, or otherwise formally indicated its intent to be bound by an international agreement, and for which the agreement is in force. Also called ‘Contracting Party.’ While most Parties have signed the instrument in question, it is not usually a necessary step in order to become a Party (see ‘accession’).

Persistent organic pollutants

Also referred to as POPs. Chemicals which remain intact in the environment for long periods of time. Regulated under the Stockholm Convention.

Plenary The main meeting format of a Conference of the Parties or a Subsidiary Body. Decisions or recommendations approved by sub-sets of the plenary have to be forwarded to the plenary for formal final adoption.

Plenipotentiary A person who is entrusted with full authority to act on behalf of his or her government or other organisation, for example, an ambassador.

Poverty Reduction Strategy Paper

Country-led, country-written document that provides the basis for assistance from the World Bank and the International Monetary Fund (IMF), as well as debt relief under the Heavily Indebted Poor Country initiative. A Poverty Reduction Strategy Paper describes a country’s macroeconomic, structural, and social policies and programs to promote growth, and the country’s objectives, policies, and measures for poverty reduction.

49A Handbook for Afghan Officials

Preamble Set of opening statements, called ‘recitals,’ of an international agreement, decision, resolution, or recommendation that guides the interpretation of the document. Often contrasted with the operative paragraphs.

Precautionary approach/ principle

Approach/principle according to which the absence of full scientific certainty shall not be used as a reason for postponing action where there is a risk of serious or irreversible harm to the environment or human health. The approach/principle is embedded in several instruments, including Principle 15 of the 1992 Rio Declaration on Environment and Development. Whereby the precautionary approach is often used in negotiations to infer a less definite meaning than the precautionary principle.

PrepCom Preparatory Committee. A committee mandated to prepare a meeting. It can be mandated to address substantive issues or not. The phrase is often used to refer to the meetings of the preparatory committee.

Pre-session document

Documents prepared by the Secretariat for distribution before a meeting. These include draft decisions, resolutions, recommendations, non-papers, information documents (INF. docs), etc.

Prior informed consent

Consent to be acquired prior to accessing genetic resources or shipping internationally regulated chemicals, substances or products. Granted by competent authorities on the basis of the information provided by the partners to a prior informed consent agreement. The notion is linked to the principle of the Advanced Informed Agreement.

Protocol 1) International legal instrument appended or closely related to another agreement, which constitutes a separate and additional agreement and which must be signed and ratified by the Parties to the convention concerned. Protocols typically strengthen a convention by adding new, more detailed commitments. 2) Rules of diplomatic procedure, ceremony and etiquette. 3) Department within a government or organisation that deals with relations with other missions.

Quorum The minimum number of Parties or members that must be present for a meeting to start or decisions to be made. The quorum is stated in the rules of procedure, and it may be expressed in absolute numbers or as a percentage of an overall number (e.g. 60% of the Parties).

Ramsar Shorthand for the Ramsar Convention on Wetlands of International Importance Especially as Waterfowl Habitat. Adopted in 1971, entered into force in 1975.

Ramsar List List of Wetlands of International Importance. List of wetlands, which have been designated by the Parties to the Ramsar Convention as internationally important according to one or more of the criteria that have been adopted by the Conference of the Parties.

Ramsar Site Wetlands designated by the Contracting Parties to the Ramsar Convention for inclusion in the Ramsar List because they meet one or more of the Ramsar criteria.

Rapporteur 1) Delegate (more specifically, a member of the Bureau) elected/nominated to prepare or oversee the preparation of the report of a meeting. 2) Person appointed by a body to investigate and issue or function and report back to that body.

Ratification Formal process by which a Head of State or appropriate governmental official or authority signs a document which signals the consent of the State to become a Party to an international agreement once the agreement has entered into force and to be bound by its provisions.

Recitals Set of opening statements of an international agreement, decision, resolution, or recommendation that guides the interpretation of the document. Also referred to as ‘preamble’ or ‘preambular paragraphs.’

Recommendation Formal expression of an advisory nature of the will of the governing body of an international organisation or international agreement. It is not binding.

Resolution Formal expression of the opinion or will of the governing body of an international organisation or international agreement. Usually non-binding.

50 Multilateral Environmental Agreements:

Rio Conference Shorthand for the United Nations Conference on Environment and Development (UNCED) held in Rio de Janeiro, Brazil, in 1992. The outcomes of the Conference include:

• The UN Framework Convention on Climate Change (UNFCCC),• The Convention on Biological Diversity (CBD),• Agenda 21,• Establishment of the Commission on Sustainable Development (CSD),• The Rio Declaration on Environment and Development• The Non-Legally Binding Authoritative Statement of Principles for a Global Consensus

on the Management, Conservation and Sustainable Development of all Types of Forests (also known as ‘the Forest Principles’).

UNCED also led to the negotiation and adoption of the UN Convention to Combat Desertification (UNCCD).

Rio Conventions Used to designate the conventions negotiated and adopted during the Rio Conference in 1992. These were the Convention on Biological Diversity (CBD) and the UN Framework Convention on Climate Change (UNFCCC), to which the UN Convention to Combat Desertification (UNCCD), adopted in1994, was also added.

Secretariat The body established under an international agreement to arrange and service meetings of the governing body of that agreement, and assist Parties in coordinating implementation of the agreement. Also performs other functions as assigned to it by the agreement and the decisions of the governing body.

Session Meeting or series of meetings of a particular body (e.g. Eighth Special Session of UNEP Governing Council; ‘working group II met in four sessions’).

Shall As negotiating language, ‘shall’ creates an obligation for action for the addressee. It is binding.

Should As negotiating language, ‘should’ entails an advice, not an obligation, to do something. However, while non-binding, it implies a stronger imperative than ‘may.’

Side events Events taking place concurrently with a meeting. Usually in the form of discussion panels, workshops, seminars, launches, etc. Organised either by the Secretariat, States, international organisations or nongovernmental organisations.

Signatory A State that has negotiated and signed an international agreement.

Soft law The term used for quasi-legal instruments that do not have any binding force, or those whose binding force is somewhat ‘weaker’ than the binding nature of traditional law, often referred to as ‘hard law’. In the field of the international law, soft law consists of non-treaty obligations which are therefore non-enforceable and may include certain types of declarations, guidelines, communications and resolutions of international bodies. (e.g. resolutions of the UN General Assembly). Soft law may be used to encourage broader adhesion to a proposal.

Special session A session of a body outside and additional to its regularly scheduled sessions. Focused on a particular issue.

Steering Committee Restricted group of individuals planning the work of a major meeting. Deals exclusively with procedural matters.

Sub-committee Committee created by another committee to address a specific issue.

Subsidiary body A body, usually created by the governing body of an international agreement or international organisation, with a specific mandate (e.g. Subsidiary Body for Scientific, Technical and Technological Advice under the Convention on Biological Diversity). Different from a working group in that it is usually permanently established to assist the governing body.

Summit Meeting at which the participants are high-level officials, such as Heads of State or government.

Sustainable development

Development that meets the needs of the present without compromising the ability of future generations to meet their own needs.

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Sustainable use Use in a way, and at a rate, that does not lead to the long-term degradation of the environment, thereby maintaining its potential to meet the needs and aspirations of present and future generations.

Technology transfer Transmission of know-how, equipment and products to governments, organisations or other stakeholders. Usually also implies adaptation for use in a specific cultural, social, economic and environmental context.

Traditional knowledge

The knowledge, innovations and practices of indigenous people and local communities. Traditional knowledge is the object of various MEA provisions, including Article 8(j) of the Convention on Biological Diversity (CBD).

Transboundary movement

Movement from an area under the national jurisdiction of one State to or through an area under the national jurisdiction of another State or to or through an area not under the national jurisdiction of any State.

Treaty International agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation (Vienna Convention on the Law of Treaties).

Working group 1) During a meeting, a sub-division of the plenary mandated to negotiate specific issues of the agenda, usually arranged by clusters. Open to all Parties. 2) Between meetings, a subsidiary body established by the governing body of an international agreement to provide it with advice on specific issues. These working groups can be open-ended and meet periodically or be time-bound and meet once only. Open to all Parties (e.g. the Ad Hoc Open-Ended working group on Access to Genetic Resources and Benefit Sharing under the Convention on Biological Diversity).

Working paper Informal paper used during a meeting to support negotiations.

WSSD World Summit on Sustainable Development. Held in 2002, in Johannesburg, South Africa. The outcomes of the WSSD are:

• The Johannesburg Declaration on Sustainable Development,• The Johannesburg Plan of Implementation,• Type II Partnerships.

WTO World Trade Organisation. An international organisation established in 1995 to provide a forum for trade negotiations, handle trade disputes, monitor national trade policies and provide technical assistance and training for developing countries, among others.

Source: Glossary of Terms for Negotiators of Multilateral Environmental Agreements, UNEP.

52 Multilateral Environmental Agreements:

Annex 2: Checklist for an MEA Negotiator

1. Before you leave Kabul

– Familiarise yourself thoroughly with the relevant convention text, rules of procedure, COP decisions and other relevant documents. Use the internet and NEPA and MAIL libraries as a source of information. You can also seek advice and assistance from the UNEP office, if required.

– Underline texts that are relevant for your own position on key issues, so that you can cite them without having to search for the appropriate texts.

– Have a clear brief outlining what the Afghan Government’s policy position is on the issues to be discussed at the meeting, and the expectations as to what will be achieved.

– Ask the UNEP Kabul office for help, if you need assistance preparing.

2. During the Negotiations

– Prepare thoroughly for each negotiating session.

– If you are alone on your delegation, you should focus on one or two critical issues for your country and choose the most appropriate plenary session.

– If you cannot make sense of all the informal processes, speak to the NGOs from your region and ask them for a briefing. Look for regional or international NGOs to help – they generally sit at the back of the room.

– In the long-term, it is absolutely imperative to make coalitions with other Parties and share participation in the informal processes.

– Attend the strategy meetings of the Asia Group (to which Afghanistan belongs). Also, attend the regular sessions of the G-77 and China Group, as well as the LDC Group.

– Master the internal procedures and workings of the group. Be active within the group.

– Familiarise yourself with other Parties’ positions to understand what to expect.

– Read miscellaneous documents that cover country positions on specific issues.

3. When you Return to Kabul

– Keep a diary during the negotiations and record the proceedings and in particular keep a detailed record of how you have negotiated. This will be extremely valuable information for your successor in future negotiation rounds.

– Feed back Afghanistan’s position to policy makers at the national level.

– Provide a written mission report to the focal point of the MEA and other relevant persons.

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Annex 3: Useful MEA Internet Sites

Official websites

• Basel Convention

Basel Convention on the control of Transboundary Movements of Hazardous Wastes and their

Disposal.

www.basel.int

• CITES

Convention on International Trade in Endangered Species of Wild Fauna and Flora.

www.cites.org

• Convention on the Conservation of Migratory Species of Wild Animals

Official website for the convention (also known as the Bonn Convention).

www.cms.int

• OzonAction Programme.

UNEP’s Division of Technology, Industry and Economics. The programme seeks to strengthen the

capacity of governments and industry in developing countries to meet the Montreal Protocol.

www.unep.fr/en/branches/ozonaction.htm

• The Ramsar Convention on Wetlands

www.ramsar.org

• The Rotterdam Convention on Prior Informed Consent

www.pic.int

• Stockholm Convention on Persistent Organic Pollutants

www.pops.int

• United Nations

Official website for the UN. Includes a section on Civil Society-UN relations.

www.un.org

• United Nations Convention to Combat Desertification

Official website for the UNCCD convention. Includes resources for NGOs.

www.unccd.int

• United Nations Environment Programme

www.unep.org

• United Nations Framework Convention on Climate Change.

www.unfccc.int

• Vienna Convention and

the Montreal Protocol

Official website of the Ozone Secretariat.

www.unep.org/ozone

54 Multilateral Environmental Agreements:

Reporting websites

• Linkages and Earth Negotiations BulletinProvides the latest news and information from international environmental and sustainable development negotiations.www.iisd.org

NGO websites

• Arab Network for Environment and DevelopmentThe objective of the organisation is to coordinate between regional community organisations in the exchange of skills, experiences and information.www.aoye.org/Raed/raed.html

• Friends of the Earth InternationalFoEI works to create networks of environmental, consumer, and human-rights organisations worldwide.www.foei.org

• Greenpeace InternationalThe mission of Greenpeace is to ensure that our planet can sustain and nurture life in all its diversity. The website also provides links to the sites of over forty national Greenpeace offices.www.greenpeace.org

• Third World NetworkA network of organisations and individuals involved in issues relating to development, the Third World and North-South issues.www.twnside.org.sg

• The World Conservation UnionUnique, in that IUCN is recognised as an intergovernmental organisation within the UN system. Its members from some 140 countries include 77 States, 114 government agencies, and 800-plus NGOs. Its mission is to influence, encourage and assist societies throughout the world to conserve the integrity and diversity of nature and to ensure that any use of natural resources is equitable and ecologically sustainable.www.iucn.org

• World Wide Fund for NatureWWF’s mission is to stop the degradation of the planet’s natural environment and to build a future in which humans live in harmony with nature. www.panda.org

Guidance Materials

• For the Basel Convention

– Model national legislation: www.basel.int/pub/modlegis.pdf

– Guidance document on Transboundary Movements of Hazardous Wastes Destined for Recovery Operations:www.basel.int/meetings/sbc/workdoc/old%20docs/guidelns.pdf

55A Handbook for Afghan Officials

– Guide to the Control System (Instruction Manual) (1998) www.basel.int/pub/instruct.doc

– Guidance document on the Preparation of Technical Guidelines for the Environmentally Sound Management of Wastes subject to the Basel Convention www.basel.int/meetings/sbc/workdoc/framewk.doc

– Other Legal, Technical, and Scientific Guidelines, Guidance, and Training Manuals are available in some or all of the six UN languages atwww.basel.int/meetings/sbc/workdoc/techdocs.html

• For CITES:

– Checklist of CITES Species and Annotated CITES Appendices (2005)www.cites.org/common/resources/2005_CITES_CheckList.pdf

– Identification Manuals (for Flora and for Fauna)www.cites.org/eng/resources/publications.shtml

– CITES Identification Guideswww.cws-scf.ec.gc.ca/enforce/species_e.cfm

– Identification Guide for Ivory and Ivory Substituteswww.cites.org/eng/resources/pub/E-Ivory-guide.pdf

– CITES World (thematic newsletter, which provides guidance; available in English, French, and Spanish)www.cites.org/eng/news/newsletter.shtml

– Evolution of CITES (providing guidance on CITES issues)http://www.cites.org/eng/resources/publications.shtml

• For the Convention on Biological Diversity (CBD):

– Handbook of the Convention on Biological Diversity, by CBD Secretariat (3rd ed. 2005)www.clod.int/handbook/

– Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of Benefits Arising out of the Utilizationhttp://www.cbd.int/decisions/?m=cop-06&d=24

– An Explanatory Guide to the Cartagena Protocol on Biosafety by Ruth Mackenzie et al. (2003)(in English, French, Russian, and Spanish) (IUCN 2003)www.iucn.org/themes/law/pdfdocuments/Biosafety%20Guide/Biosafetyguide-prelims.pdf

– Guidelines for Incorporating Biodiversity-Related Issues into Environmental Impact Assessment Legislation and/or Processes and in Strategic Environmental Assessment (in English; in conjunction with the Espoo Convention)www.unece.org/env/eia/documents/links_between_conventions/decisionvi7of6thcopofcbd.pdf

• For Vienna Convention and the Montreal Protocol (the Ozone MEAs)http://www.uneptie.org/Ozonaction/

56 Multilateral Environmental Agreements:

• For the Rotterdam Convention on the Prior Informed Consent Procedure (PIC)

– Decision Guidance Documents, for various chemicals (English, French, and Spanish)www.pic.int/en/Table7.htm

• For the Stockholm Convention on Persistent Organic Pollutants (POPs)

– Ridding the World of POPs: A Guide to the Stockholm Convention on Persistent Organic Pollutants (2002, in the six UN languages)www.pops.int/documents/guidance/

– Interim Guidance for Developing a National Implementation Plan for the Stockholm Convention (Revised ed. 2003, in five UN languages) www.pops.int/documents/implementation/nips/guidance/default.htm

– Various Guidelines relating to identification and management of chemicals covered by the Stockholm Convention (including dioxins, furans, PCBs, and pesticides)http://www.pops.int/documents/guidance/

• For the UN Framework Convention on Climate Change (UNFCCC):

– Understanding Climate Change: A Beginner’s Guide to the UN Framework Convention (1994) Provides a basic overview of the Convention and its rationalehttp://unfccc.int/resource/beginner.html

– Good Practice Guidance and Uncertainty Management in National Greenhouse Gas Inventories (2000)http://www.ipcc-nggip.iges.or.jp/public/gp/english/

– Good Practice Guidance for Land Use, Land-Use Change and Forestry (2004) http://www.ipcc-nggip.iges.or.jp/lulucf/gpglulucf_unedit.html

Further information

Further technical information may be obtained from the UNEP Post-Conflict and Disaster Management Branch website: http://postconflict.unep.ch/