INTERNATIONAL AND REGIONAL AGREEMENTS
BY
Nadir Mohamed Awad
Abstract
There is now more than 500 Multilateral Environmental Agreements (MEA’s ) and
Regional conventions. The most important conventions in relation to Sudan before
Stockholm conferance are: London convention on the Preservation of Fauna and Flora in
their Natural state (1933). Sudan ratified the convention in 1935 after which the network of
protected areas was established in the Sudan, Paris International convention for the
protection of birds 1950, Rome Agreement for the Establishment of a commission for
controlling Desert Locust in the Near East (1965) and Convention on Wetlands of
International Importance especially as Waterfowl Habitat Ramsar (1971).MEA’s after
Stockholm conference include: Washington convention on International Trade in
Endangered species of wild fauna and flora(CITES) 1973; Jeddah Regional convention for
the conservation of the Red Sea and Gulf of Eden Environment (1982), Montreal protocol
on substances that deplete the ozone layer (1987). Basel convention on the control of the
transboundary movement of Hazardous wastes and their disposal (1989). Rio Conventions
( 1992) includes: Convention on Biological Diversity (CBD)1992, United Nation
framework convention on climate change (UNFCCC )1992 , International convention to
combat Desertification in countries experiencing serious Drought and or Desertification
particularly in Africa (UNCCD) 1994, Biosafety protocol (1999) and Koyoto Protocol
(1997). Other conventions include Roterdam convention (1998) and Stockholom convention
(2001).
There are common threads that links MEA;s together while the sustainable development
focus of the three Rio conventions are well know, most other MEA’s address the sustainable
use of Natural resources.
Developing countries are facing many challenges in the implementation of MEA’s . Sudan
as a developing country is no exception. The challenges can be summerized as follows: The
huge gap between developed and developing countries in terms of technology and scientific
information, establishment of solid regional organizations e.g. E.U. and the weak capacities
and slow development pace of developing countries and development in developing
countries is handicapped by the debt burden and civil wars that prevail in most of these
countries.
Implementation of MEA’s in Sudan requires restructuring of the existing national
institutions, formulation of national programmes between the different MEA’s national
Focal points specially in similar activities e.g. public awareness, create mechanisms
whereby civil society organizations can participate in decision making process and
implementation of MEA’s and promote scientific research in relationship to development.
Introduction:The planet is facing many environmental problems that extend beyond the geographical boundaries
of many countries. Developed countries have caused industrial pollution which led to global warming,
depletion of the ozone layer ….. etc Developing countries are suffering from desertification , loss of
Biodiversity , the misuse of Agrochemicals...etc.The international community recognized the
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importance of the environment and started to develop legislations and regulations to protect the
environment since the 19th century.
There is now more than 500 Multilateral environmental Agreements (MEA,s) and Regional
conventions, about 60% of them were negoiated and agreed upon after the Stockholm conference 1972,
which is the first International conference dealing with environment, humans and Development. The
conference called for adopting an integrated strategy for the conservation of natural resources and
human development. One of the outstanding achievements of this conference is the establishment of
the United Nations Environment Programme (UNEP) in 1973. Later on in 1987 the United Nations
office for the environment published ( Bruttland Report ) or ( Our Common Future ) in which the term
Sustainable development was fully defined.
This was followed by the Earth Summit or Rio conference in 1992 in which we have what is
named the Rio conventions ( Biodiversity , Climate change and later United Nation Convention to
Combat Desertification ) in addition to Agenda 21 which is a Programme of work dealing with the
pressing environmental issues: Desertification, depletion of natural resources, climate change ,
population pressure, energy crisis , … etc.
The programme include specific roles for different stakeholders to contribute into the solution of global
environmental problems .
This paper is presenting the main MEA,s and Regional conventions in relation to Sudan with
consideration of Stockholm Conference 1972 as a land mark in the field of environment . The paper
intends to highlight the importance of the MEAs and how Sudan is responding to the international
environmental obligations and the benefits Sudan is expecting to gain or gained when joining MEAs .
Sudan compliance and implementation strategies of MEAs will be dealt with in another paper.
MEAs and Regional Conventions before Stockholm Conference 1972:1- Convention concerning the use of white lead in paints Geneva (1921)
The convention is aiming at the protection of workers in all industries
from the exposure to the white lead by prohibiting the use of paints if it
contains more than 2% lead. Sudan is party to this convention
2- London Convention on the Preservation of Fauna and flora in their Natural state 1933. The
convention deals with the preservation of animals & plants naturally by establishing protected
areas and regulating the collection and hunting of wild animals. Sudan ratified the convention in
1935 after which the network of protected areas was established in the Sudan and most of the
African countries.
3- Paris International Convention for the protection of Birds 1950. The main objective of this
convention is to protect birds in their natural habitats . Sudan became party to this convention in
1953.
4- Rome International Convention for the Preservation of Flora 1951 . The convention prohibited
the Transboundary movement of plant pathogens. Sudan became a party in 1971
5- Moscow Treaty Banning Nuclear Weapons Tests in the Atmosphere , in the outer space, under
water 1963. Sudan became a party in 1966
6- Rome Agreement for the Establishment of a commission for controlling Desert locust in the
Near East 1965. The convention is aiming at the cooperation between the countries of the
region in combating Desert Locust . Sudan became a party in 1967
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7- African Convention on the Conservation of Natural Resources. Algeria 1968. The convention
encourage the African states for cooperation in the field of plants, animals and water resources
protection and development. Sudan became a party in 1973
8- Convention on wetlands of International Importance specially as water fowl Habitat Ramsar
(1971) . The convention deals with the conservation of wetlands for the protection of water
fowls and establishment of protected areas to serve the cultural, economic and tourism
purposes . Sudan ratified the convention in 2005. Upon ratification Sudan deposited Dinder
National Park as a Ramsar site. The Sudd Area was also registered as a Ramsar site . Three
studies were prepared including coral reefs and Mangroove habitats in the Red Sea for later
registration as Ramsar sites.
9- Washington Treaty on the prohibition of placement of the nuclear and other weapons of Mass
Destruction under the Sea Bed and the Ocean floor and the subsoil there of 1961. Sudan
Accession in 1971.
10-Paris Convention concerning the protection of the world culture and natural Heritage 1962. The
convention is calling for an effective system to protect cultural environment and natural heritage of
out sanding universal value .e.g. monuments , habitat of threatened species . Sudan became a party
in 1973.
MEA.s after Stockholm Conference :1.Washington convention on International trade in endangered species of wild fauna and
flora (C.I.T.E.S) 1973.
The convention deals with the protection of endangered species through export and import
licenses in international trade. It contains specific appendices for endangered , and
threatened species and species which any party identifies as being subject to regulation
within its jurisdiction.
Sudan became a party in 1982.
2- Bonn convention on the conservation of Migratory species of wild animals 1979.
The convention calls for the establishment of scientific council for technological advice to
conserve migratory species.
Sudan ratified in 2002 .
3- UN convention on the law of the sea 1982
The objective of the convention is to control pollution in oceans and sea by enacting
specific regulations and standards for pollution control. Sudan ratified in 1985
4- Jeddah regional convention for the conservation of the Red Sea and Gulf of Eden
Environment 1982 .
The Sudan is one of six countries ratified the convention which deals with the sustainable
use of Marine and coastal resources of the Red Sea . Sudan became a party in 1985.
5- Jeddah protocol concerning regional cooperation in combating pollution by oil and
Harmful substances in the Red Sea . 1982.
Sudan is a party since 1985
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6- Vienna convention on early notification on Nuclear Accidents 1986. The convention
disseminate information to the parties by an
early warning system about Nuclear accidents. Sudan signed
the convention in 1986 but not yet ratified.
7- Vienna convention for the protection of the Ozone layer 1985.
The instrument provide for exchange of information, transfer of
technology , promotion of public awareness and research in the
field of chemical substitutes for the present substances which
deplete the ozone layer . Sudan became a party in 1993.
8- Montreal protocol on substances that deplete the ozone layer
1987. The protocol specified the regulations that should be
adopted by the parties to phase out the ozone depleting
substances. Sudan ratified the protocol in 1993. Sudan has
successfully conducted the following projects financed by the
Montreal Trust Fund:1- Surveys and collection of data in the Halgens and Methyl
Bromide sectors
2- Implement investment projects in refrigeration and
Aerosoles sectors.
3- Public awareness campaigns through the media, workshops
and exhibition in the different states of the country.
4- Reduce the quantities of the ozone depleting substances
from 602 tons in 1991 to about 200 tons in the year 2005.
9- Basel convention on the control of the transboundary movement
of Hazardous wastes and their disposal 1989. The convention
regulate the Transboundary movement of Hazardous wastes , its
re-export and illegal Use. The exporting countries are
accountable for the management of the waste they export to
other countries. The convention calls for establishing regional
centers for training in hazardous waste management . Sudan
became a party in 2005 . Sudan has a huge quantities of obsolete
pesticides. The ratification of the convention will assist Sudan in
phasing out the obsolete. pesticides.
10- Bamako regional convention on the Ban of the import into
Africa and control of the Transboundary movement and
management of the Hazardous wastes within Africa 1991.
Parties shall not permit hazardous waste which does not have
facilities for disposing of the same in an environmentally
sound manner.Parties shall not permit hazardous waste on
transit to be passed through their territory .
Sudan signed in 1991 but not yet ratified the convention .
World Summit or Rio Conventions 1992
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1-United Nation framework convention on climate change (UNFCCC )1992 .
The convention regulate levels of the green house gases ( GHG ) and its concentration in
the atmosphere to combat climatic changes. Such a level should be achieved within a timeframe sufficient to allow ecosystems to adapt naturally to climatic change, to ensure that
food production is not threatened and to enable economic development to proceed in a
sustainable manner. Sudan became a party in 1994. Capacity building project to enable
Sudan to implement the UNFCCC was financed by the Global Environment Facility. The
implemented project include the first National Communication which was submitted to the
convention secretariat. The project included the training of the Sudanese experts in planning
and means of reducing the impacts of climate change. Sudan now is implementing the
project of the National Adaptation Programme of Action in climate change.
2-Convention on Biological Diversity (CBD)1992.
The objectives of this convention are to conserve biological diversity , to promote the
sustainable use of its components and to encourage equitable sharing of the benefits arising
from the utilization of Biological and genetic resources .
Sudan became a party in 1995. Sudan formulated the National Biodiversity Strategy and
Action Plan through a GEF Project. The project included public awareness component in
addation to training of government employees in the field of biodiversity conservation.
Sudan submitted the first , second and third national reports to the convention secretariat.
3-International convention to combat Desertification in countries experiencing serious
Drought and or Desertification particularly in Africa (UNCCD) 1994.
The objectives of this convention are to combat Desertification ,
mitigate the effects of drought, improved land productivity ,
rehabilitation , conservation and sustainable management of land and water resources .
Sudan ratified in 1995. Sudan prepared the National Action Programme to combat
Desertification.
4-Biosafety protocol 1999. The protocol is dealing with the handling , import , export and
utilization of genetically modified organisims ( GMOs ) by developing legal framework for
its implementation . Sudan became party in 2004. Sudan developed a draft policy and legal
Framework to deal with GMO,s
5-Koyoto protocol 1997. It has the same ultimate objective as the United Nations
Framework convention on climate change(UNFCCC) which is stabilization of atmoospheric
concentrations of greenhouse gases at a level that would prevent dangerous anthropogenic
interference with climate system.
The protocol commits developed countries and countries making the transition to market
economy to reduce their overall emmissions of six greenhouse gases by an average of 5.2%
below 1990 levels between 2008-2012 (The first commitment period) with specefic targets
varying from country to country. Sudan became a party to the protocol in 2005.
Other Conventions :1- International legally binding Instrument for the Application of the prior informed
consent procedure for certain Hazardous chemicals and pesticides in international trade
(Roterdam convention) 1998 .
The objectives of the convention is to protect human health and the environment against
hazardous chemicals by specifying the shared responsibility and cooperation between the
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convention parties in international trade of chemicals and defining the expected hazards
through facilitation of information exchange between parties about the chemical ingridientts
to take decisions in import or export of chemicals. Sudan became a party in 2004.
2- Persistent Organic Pollutants ( Stockholm convention ) 2001. The objectives of this
convention is to protect human health and environment where precaution is acknowledged
as an important element against persistent organic pollutant ( POPs ) .
Therfore the goal is elimination of production and use of all intenionally produced POPs
and promote research and development of alternatives to POPs . Parties shall develop and
implement strategies to identity POPs stockpiles and manage them in a safe ,efficient and
environmentally sound manner.
Sudan is in the process of ratification , approved by the national
Assembly in June 2006. Sudan is now implementing a project
dealing with a national strategy to eliminate POPs
Scope of the MEAs:The objective and priorities of MEAs vary from one agreement to another. However,
there are common threads that link them together; while the sustainable development focus
of the three Rio conventions (CBD, UNCCD and UNFCCC) are well known, most other
MEAs adderss the sustainable use of natural resources and the environment or the
protection of the environment in such away as to ensure its sustainable use. Very few of the
MEAs are exclusively oriented to protection and conservation.
There are crosscutting priorities for many MEAs that are primarily of a functional nature,
such as strengthening of the capacities of parties to meet their obligations or responsibilities
under these agreement , enhancing public education and awareness, strengthened scientific
basis for decision – making and strengthened international partnership.
Institutional and Governance Structure:
MEA,s adopted after 1972 generally have the following institutional elements :(a) Conference of the parties ( COP) which is the ultimate decision – making body
regarding the overall implementation and development of the respective MEA.
(b) Subsidiary bodies are generally advisory in nature and present their recommendations
to the COP of the respective agreement .
(c) MEA secretariats vary from secretariats that prepare and service the meetings of the
COP and their subsidiary bodies and coordinate with other international organizations
to secretariats that, while carrying out the functions above , are also involved in
implementing programmes on country levels. An important function of most secretariats,
if not all, is the monitoring and evaluation of the implementation of their MEA .
(d) Several conventions have clearing – houses, generally operated by the secretariats.
Clearing houses promote and facilitate technical and scientific cooperation and the
exchange of technical & scientific information between parties.
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(e) A few conventions have established or in the process of establishing regional centers for
training , technology transfer and provision of assistance in the implementation of the
MEAs.
(f) MEAs must find ways to finance the operation of their secretariats and the programmes
of work. This is mainly accomplished through the use of traditional trust fund or the
multilateral financing mechanisms intended to address specific subject areas like the
multilateral fund for the Montreal protocol. The Global Environment Facility ( GEF )
was created in 1991 as a means to achieve sustainable development by providing
funding for project activities in biodiversity , climate change, international waters, ozone
layer protection and later land degradation. Koyoto protocol mechanisms are mainly for
climate related activities.
Challenges facing the implementation of MEAs:The MEAs have been segregated on the basis of topic, sector or territory.
In some instances the implementation of one treaty may undermine the other. The
network of environmentally related treaties is in danger if becoming complicated. This
places additional burdens at the national level to meet obligations under several different
agreements.
The MEAs have an interconnected relationship on the basis of their objectives, legal
obligations and institutional relationship that necessitates practical options for its
integrated implementation. This will minimize duplication of efforts and maximize the
benefits from limited resources .
However, there are many challenges facing developing countries including Sudan in the
implementation of MEA.
1- The huge gap between developed and developing countries in terms of technology
and scientific information .
2- Establishment of solid regional organization between developed countries e.g . EU,
and the weak capacities and slow development pace of developing countries .
3- Debt burden and civil wars of the developing countries that hinder development .
The developing countries including Sudan , should exert tremendous effort to meet
their obligations towards MEAs. There are signs of partial success in terms of
coordination between developing countries and NGOs , the regional groups like
African, Latin group and Group of Seventy seven and China .
Recommendations :Sudan should consider the following to fulfil its obligation in the implementation of
MEAs
1- Capacity building and restructuring of the existing national institutions to
guarantee effective implementation of MEAs . In addation to the establishment
of a coordinating institution (Higher Council for Environment and Natural
Resources) to coordinate between these institutions.
2- Formulation of joint national programmes between the different MEAs national
focal points specially in similar activities . e.g. public awareness, education ,
training, research ….etc. to maximize the benefits from the available financial
resources.
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3- Create mechanisms whereby civil society organizations can participate in
decision making process and implementation of MEAs because most of the
MEAs, specially Rio Conventions , emphasized the importance of the
participation of the civil society organizations in the implementation of MEAs.
4- Capacity building at different levels: Technological, legislations, policies,
planning ..etc. to create trend and well-equiped personnel for effective
implementation of MEAs.
5- Integration of the national programme to combat desertification, National
Biodiversity Strategy and action plan, National Strategy to combat climate
change with the National Economic and development plans to achieve
sustainable development.
6- Promote scientific research in relationship to development
7- Create a comprehensive information technology programme and establish a
national environmental information network to exchange information at the
national , regional and international levels .
References :1- Interlikages , synergies and coordination between MEAs 2000. The United
Nation University 32p.
2- Formal linkages and multilateral environmental agreements 2001 UNEP
Reports 25p .
3- Higher Council for Environment and Natural Resources Reports . 1992-2005
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