The United Nations Conference on Environment and Development 1992: Background and Key Outputs:

2.3.2. Agenda 21 – The United Nations Programme for Action from Rio, 1992

Agenda 21 (1992 17 ) was a 40 chapter action plan, which Cincin-Sain and Knecht (1998, page 80) liken to a “road map pointing the direction towards sustainable development”.

Although non-binding on the part of signatories, there was an assumption that any nation signing up to the Agenda would take note of its principles. The Preamble to the Action Plan, paragraph 1.1, noted that “Humanity stands at a defining moment in history … [being faced with issues of] a worsening of poverty, hunger, ill health and illiteracy, and the continuing deterioration of the ecosystems on which we depend for our well-being ”. The Action plan was set out in four sections: Social and Economic Dimensions (Chapters 1 to 8); Conservation and Management of Resources for Development (Chapters 9 to 22); Strengthening the Role of Major Groups (Chapters 23 to 32); and Means of Implementation (Chapters 33 to 40). It covered areas as diverse as combating poverty (Chapter 3), protection of the atmosphere (Chapter 9), conservation of biological diversity (Chapter 15), children and youth in sustainable development (Chapter 25), and promoting education, public awareness and training (Chapter 36).

A number of Chapters from Agenda 21 specifically relate to the marine environment and these are described briefly below. However, many other chapters are applicable to the marine environment in some way. For example, Chapter 15 – Conservation of Biological Diversity – noted that action should be taken to conserve biological diversity and ecosystems including marine and aquatic areas (Section A, part (g)) and that surveys should be established to obtain baseline information on biological and genetic resources including in aquatic, coastal and marine environments (Section B, part (c )).

Chapter 17 – Protection of the Oceans, all kinds of seas etc. – noted the importance of the oceans as a “global life support system” (Para 17.1). This chapter set out the need for a range of approaches in seven sections covering: integrated management and sustainable development of coastal areas including EEZs; marine environmental protection; sustainable use and conservation of marine living resources of the high seas (and similarly for resources

17 Agenda 21 – The United Nations Programme of Action from Rio, 1992. Published by the UN Department of Economic and Social Affairs Division for Sustainable Development. Available online at: http://www.un.org/esa/dsd/agenda21/index.shtml

International Protection of the Marine Environment

under national jurisdiction); analysing uncertainties for the management of the marine environment; strengthening international cooperation and coordination, including at a regional level; and the sustainable development of small islands.

There are many requirements set out in each Chapter of Agenda 21. As an example, Chapter 17, Section 17.30 set out requirements for states, acting at different levels (individually, bilaterally, regionally, multilaterally) to protect the marine environment from degradation caused by shipping (12 activities including cooperation in monitoring vessels for illegal discharges and enforcing MARPOL discharge provisions (see Section 3.3.3); promoting safe navigation by adequately charting coasts and shipping routes; and assessing the need for stricter regulations to reduce the risk of accidents from different types of vessels, for example). There are also additional sections covering the prevention of dumping, pollution coming from offshore oil and gas platforms, and pollution from ports through the provision of facilities in ports to collect oily wastes, chemical wastes and garbage from ships (again a requirement of the MARPOL Convention)

While Chapters 19 to 22 covered the environmentally sound management of toxic chemicals, hazardous wastes (including illegal trafficking of toxic wastes), solid wastes and sewage wastes, and finally radioactive wastes, it is only the last chapter that contains explicit mention to the marine environment. Chapter 22 – Managing Radioactive Wastes called for nations to take measures and cooperate in the area of managing these wastes, including a Code of Practice on trans-boundary movement of those wastes (Para. 22.5(a)). In addition, the Principle also set out the need for further research on the disposal of low-level radioactive wastes at sea to determine whether the moratorium in place at that time should be replaced by

a ban (Para. 22.5 (b)). It also notes that radioactive waste should not be stored near sea coasts or open seas unless evidence is provided to show it does not provide an unacceptable risk to people and the marine environment (Para 22.5(c)).

Arising from Agenda 21, in 1997 the UN General Assembly adopted a Programme of Further Implementation of Agenda 21 18 . Section 36 sets out achievements in the area of oceans and seas since UNCED. It notes progress in negotiations for agreements and voluntary instruments in the areas of conservation and management of fishery resources and for the protection of the marine environment, including progress on the utilisation of fish stocks. It did, however, highlight that there was still a decline in fish stocks and that levels of marine pollution were rising, and called for Governments to take action, during the International Year of the Ocean 1998, to: improve decision making at national, regional and global levels; to implement Decision 4/15 of the Commission for Sustainable Development (CSD) which called for periodic review by the CSD of all aspects of the marine environment (as described in Agenda 21, Chapter 17); and to improve cooperation in assisting developing countries to implement relevant agreements etc. so that they could fully participate in the sustainable use, management and conservation of fishery resources and achieve integrated coastal zone management (ICZM).

2.3.3. The F ramework Convention on Climate Change 1992

Page 2 of the Framework Convention 1992 19 notes that the Parties to the Convention are

18 UN General Assembly (1997). “Resolution Adopted by the General Assembly: S/19-2. Programme for the Further Implementation of Agenda β1”. UN General Assembly Document A/RES/S-192 of 19 September 1997. Available online at: http://www.un.org/documents/ga/res/spec/aress19-2.htm

19 Framework Convention on Climate Change 1992. UN Document Ref: FCCC/INFORMAL/84 GE.05(62220(E)

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aware that the seas and oceans play a role in providing sinks or reservoirs for greenhouse gases (page 2). In the case of the marine environment, carbon sinks are marine sediments which can absorb and sequester (remove) greenhouse gases including carbon dioxide from the atmosphere in order to help or reduce the global warming effects of those gases. As a result of the recognition of the marine ecosystem as a carbon sink, Article 4 - Commitments (page 5) notes that all parties to the Framework Convention must take account of their common responsibility to (d) promote sustainable management and cooperation in the conservation of sinks and reservoirs including oceans and coastal marine environments while part (e) sets out the need for cooperation in preparing for adaptation to impacts of climate change, which includes developing ICZM plans and also protecting areas affected by flooding. Coastlines of low lying areas and islands would be particularly threatened by any sea-level rise resulting from climate change.

2.3.4. Convention on Biological Diversity, 1992

The Convention on Biological Diversity 1992 20 entered into force on 29 December 1993 and, by June 2000, had 168 signatories. Article 1 of the Convention sets out its aims as being to conserve biological diversity, sustainably use its components, and equitably share the benefits of using genetic resources. There is very limited reference to the marine environment in this Convention. Article 2 indicates that biological diversity covers living organisms from all sources including marine and other aquatic ecosystems. Article 22, Part 2, indicates that all contracting parties to the convention should implement it with respect to the marine environment and consistent with the rights and obligations of those states set out under the Law of the Sea Convention.

2.3.5. Other Outputs of UNCED 1992:

The UN General Assembly (1995) adopted a Fish Stocks Agreement 21 which entered into force in December 2000. This agreement, which in part was negotiated as a result of

discussions at the Earth Summit, aimed to prevent overfishing and also sought to ensure the long-term conservation and sustainable use of fish stocks, including highly migratory fish stocks.

A Global Conference on the Sustainable Development of Small Island Developing States (SIDS 22 ) was held in Bridgetown, Barbados between 25 April and 6 May 1994, following

which 111 Governments adopted the Barbados Declaration and Programme of Action which

Available online at: http://unfccc.int/not_assigned/b/items/1417txt.php 20 UN Convention on Biological Diversity, 1992. Published on the Convention on Biodiversity website. Links to full text available online at http://www.cbd.int/convention 21 UN General Assembly (1995). “Agreement for the Implementation of the Provisions of the United Nations

Convention on the Law of the Sea of 19 December 1982 relating to the Conservation and Management of straddling fish stocks and highly migratory fish stocks”. UN Document Ref. A/CONF.164/37 of 8 September 1995. Available online at: http://www.un.org/Depts/los/convention

22 Further details of the Barbados Programme of Action are available from the Conference Website, administered

by the UN Department of Environmental and Social Affairs, Division for Sustainable Development. Available online at: http://www.un.org/esa/dsd/dsd_aofw_sids/sids_milemajomeetbpoa.shtml?utm_source=OldRedirect&utm_med ium=redirect&utm_content=dsd&utm_campaign=OldRedirect

International Protection of the Marine Environment

set out strategies that would deal with issues of concern to small island states including: climate change and sea-level rise; management of wastes; coastal, marine, freshwater and land resources; biodiversity resources; and human resource development, The Barbados Conference was considered the first conference to translate Agenda 21 into a programme of action for a group of countries.