Regional
Cooperation in Pollution Control - A Case Study
Vincente Santiago-Fandino
United Nations Environment Programme
International Environmental Technology Centre, Shiga, Japan
The Convention for the Protection and Development of the Marine Environment
in the Wider Caribbean Region, or the "Cartagena Convention," is the only
binding regional environmental treaty for the Wider Caribbean Region (WCR).
The Cartagena Convention, presently has 20 States that are Contracting Parties
out of the 28 States in the Region. The Convention is a framework convention
and calls upon its Contracting Parties to develop protocols and other agreements
to facilitate the Convention's effective implementation. The Convention
and its Protocols constitute a legal commitment by these countries to protect,
develop and manage their common waters, individually and jointly.
Two protocols have
so far been developed being the first on co-operation in combating oil
spills (entered into force in 1986) and the second one a Protocol on Specially
Protected Areas and Wildlife (adopted in 1990). The third protocol is
under negotiation at the moment and relates to the prevention, reduction,
and control of marine pollution from land-based sources and activities
(LBS Protocol as it is known). Completion of these negotiations and adoption
of the protocol is expected for the second quarter of 1999.
In 1994, the Caribbean
Environment Programme (CEP) of UNEP completed an overview of land-based
point sources of marine pollution in the WCR which indicated that domestic
wastewater was the largest point source contributor by volume to the WCR.
It was followed by five industrial categories: oil refineries, sugar refineries,
distilleries, food processing, manufacture of beer and other drinks, pulp
and paper factories and chemical manufacturing. Though not part of the
1994 study which focused on point sources, urban and agricultural non-point
sources of pollution are also recognized as significant contributors to
pollution of the WCR.
Based on the above
study and its implications to the coastal and marine resources in the
region the member countries of the WCR decided to take further action.
After several years of negotiations and technical meetings of experts,
the Contracting Parties to the Cartagena Convention arrived to a point
where a Protocol on Land-Based Sources and Activities has been substantially
prepared. Although as a draft considerable consensus exists on many significant
provisions and annexes of the Protocol some specific areas still require
work. The Draft Protocol, therefore, is still open for negotiation and
should not be viewed as accepted by any one government of the Region.
The draft Protocol
sets forward general obligations, institutional responsibilities, and
procedures for acceptance and ratification in the main body of the Protocol.
Specific technical annexes establish priority source categories and activities
and contaminants of concern in the Convention Area; factors to be used
in determining effluent limitations; and management practices, and specific
obligations applicable to specific pollution sources in the region.
The first annex
to the Protocol establishes a list of the sources, activities, and contaminants
of specific concern for the WCR as a whole. The second annex establishes
the process for developing regional source-specific controls. Future annexes
will be negotiated to address these priority source categories, activities
and contaminants of concern listed in Annex I and, using the factors set
forth in Annex II. These future annexes will set regional effluent limitations
and best management practices. Such annexes will also contain timetables
for achieving the effluent limitations and management practices.
The third and fourth
annexes, which are the first of the two source-specific annexes, to be
adopted together with the Protocol, establish effluent limitations for
domestic sewage and best management practices that are to be incorporated
into national plans to control pollution from agricultural non-point sources.
The effective implementation of these two annexes will commit the Parties
to making significant improvements to the pollution control practices
currently used in much of the WCR.
If adopted, this
agreement will be the first regional seas agreement where effluent limitations
and other obligations are required within a given time frame for specific
sources of pollution. Still, the LBS Protocol is only effective if well
implemented. Effective implementation of the Protocol, will require the
co-operation and co-ordination of entities at the international, regional,
national and local levels, the private sector, and donor institutions.
Key challenges for
implementing the LBS Protocol include funding to support the identification,
development, design, and construction of pollution control technologies
and institutional capacity building. The Caribbean Regional Co-ordinating
Unit of UNEP, as Secretariat to the Cartagena Convention, along with the
Contracting Parties and other relevant organizations is designing and
implementing projects to meet these challenges. Pilot projects for capacity
building in various WCR countries provide models for replicability in
other countries. Technology exchange is to take place through workshops
on appropriate technologies and best management practices. In this line
the recently held joint IETC-CEP Regional Workshop on Adopt, Apply and
Operate Environmentally Sound Technologies for Domestic and Industrial
Wastewater Treatment (Jamaica, November1998) is an important effort towards
this aim.
The above mentioned
IETC-CEP Workshop, although not a part of the LBS Protocol development
process it can be considered as one of UNEP's efforts to prevent and control
pollution from industrial and domestic sewage considered within the Draft
LBS Protocol and the Framework of the Global Programme of Action for the
Protection of the Marine Environment from Land-Based Activities. Implemented
by Murdoch University (West Australia) the Workshop gathered national
experts, representatives from international and regional agencies and
consultants from the Wider Caribbean Region and Canada who exchange information
and experiences.
The United Nations
Convention on the Law of the Sea calls upon Sates to adopt laws and regulations
to prevent, reduce, and control, pollution of the marine environment from
land-based sources. The Global Programme of Action for the Protection
of the Marine Environment from Land-Based Activities (GPA), adopted in
Washington in 1995, highlights the need for action to reduce the pollutant
load to the seas from land-based sources activities. Both of these instruments
emphasize the need to act at the regional level to address this problem.
Regional mechanism
like the one in the WCR and others are vital to assist countries in the
world to achieve the goals and obligations of these two international
agreements.