Chapter
38
INTERNATIONAL
INSTITUTIONAL ARRANGEMENTS
Basis for action
38.1.
The mandate of UNCED emanates from General Assembly resolution
44/228 which, inter alia, affirmed that UNCED should elaborate
strategies and measures to halt and reverse the effects
of environmental degradation in the context of increased
national and international efforts to promote sustainable
and environmentally sound development in all countries
and that the promotion of economic growth in developing
countries is essential to address problems of environmental
degradation. The intergovernmental follow-up to the Conference
process shall be within the framework of the United Nations
system, with the General Assembly being the supreme policy-making
forum that would provide overall guidance to Governments,
United Nations system and relevant treaty bodies. At the
same time, Governments, as well as regional economic and
technical cooperation organizations, have a responsibility
to play an important role in the follow-up to UNCED .
Their commitments and actions should be adequately supported
by the United Nations system and multilateral financial
institutions. Thus, national and international efforts
would mutually benefit from one another.
38.2.
In fulfilling the mandate of the Conference, there is
a need for institutional arrangements within the United
Nations system in conformity with, and providing input
to the restructuring and revitalization of the United
Nations in the economic, social and related fields, and
the overall reform of the United Nations, including ongoing
changes in the Secretariat. In the spirit of reform and
revitalization of the United Nations system, implementation
of Agenda 21 and other conclusions of UNCED shall be based
on an action- and result-oriented approach and consistent
with the principles of universality, democracy, transparency,
cost-effectiveness and accountability.
38.3.
The United Nations system, with its multisectoral capacity
and the extensive experience of a number of specialized
agencies in various spheres of international cooperation
in the field of environment and development, is uniquely
positioned to assist Governments establish more effective
patterns of economic and social development with a view
to achieving the objectives of Agenda 21 and sustainable
development.
38.4.
All agencies of the United Nations system have a key role
to play in the implementation of Agenda 21 within their
respective competence. To ensure proper coordination and
avoid duplication in the implementation of Agenda 21,
there should be an effective division of labour between
various parts of the United Nations system based on their
terms of reference and comparative advantages. Member
States, through relevant governing bodies, are in a position
to ensure that these tasks are carried out properly. In
order to facilitate evaluation of agencies' performance
and promote knowledge of their activities, all bodies
of the United Nations system should be required to elaborate
and publish reports of their activities on the implementation
of Agenda 21 on a regular basis. Serious and continuous
reviews of their policies, programmes, budgets and activities
will also be required.
38.5.
The continued active and effective participation of non-governmental
organizations, the scientific community and the private
sector as well as local groups and communities are important
in the implementation of Agenda 21.
38.6.
The institutional structure envisaged below will be based
on agreement on financial resources and mechanisms, technology
transfer, the Rio Declaration and Agenda 21. In addition,
there has to be an effective link between substantive
action and financial support, and this requires close
and effective cooperation and exchange of information
between the United Nations system and the multilateral
financial institutions for the follow-up of Agenda 21
within the institutional arrangement.
Objectives
38.7.
The overall objective is the integration of environment
and development issues at national, sub-regional, regional
and international levels, including in the United Nations
system institutional arrangements.
38.8.
Specific objectives shall be:
(a)
to ensure and review the implementation of Agenda 21 so
as to achieve sustainable development in all countries;
(b) to enhance the role and functioning of the United
Nations system in the field of environment and development.
All relevant agencies, organizations and programmes of
the United Nations system should adopt concrete programmes
for the implementation of Agenda 21 and also provide policy-guidance
for United Nations activities or advice to Governments
upon request, within their respective areas of competence;
(c) to strengthen cooperation and coordination on environment
and development in the United Nations system;
(d) to encourage interaction and cooperation between the
United Nations system and other intergovernmental and
non-governmental sub-regional, regional and global institutions
and non-governmental organizations in the field of environment
and development;
(e) to strengthen institutional capabilities and arrangements
required for the effective implementation, follow-up and
review of Agenda 21;
(f) to assist in the strengthening and coordination of
national, sub-regional and regional capacities and actions
in the areas of environment and development;
(g) to establish effective cooperation and exchange of
information between the United Nations organs, organizations,
programmes and the multilateral financial bodies, within
the institutional arrangements for the follow-up of Agenda
21;
(h) to respond to continuing and emerging issues relating
to environment and development;
(i) to ensure that any new institutional arrangements
would support revitalization, clear division of responsibilities
and the avoidance of duplication in the United Nations
system and depend to the maximum extent possible upon
existing resources.
INSTITUTIONAL
STRUCTURE
A.
General Assembly
38.9. The General Assembly, as the highest level inter-governmental
mechanism, is the principal policy-making and appraisal
organ on matters relating to the follow-up of UNCED. The
General Assembly would organize a regular review of the
implementation of Agenda 21. In fulfilling this task the
General Assembly could consider the timing, format and
organizational aspects of such a review. In particular,
the General Assembly could consider holding a special
session no later than 1997 for the purposes of overall
review and appraisal of Agenda 21, with adequate preparations
at a high level.
B.
Economic and Social Council
38.10.
The Economic and Social Council, in the context of its
Charter role vis-a-vis the General Assembly and the ongoing
restructuring and revitalization of the United Nations
in the economic, social and related fields, would assist
the General Assembly through overseeing system-wide coordination,
overview on the implementation of Agenda 21 and making
recommendations in this regard. In addition, the Council
would undertake the task of directing system-wide coordination
and integration of environmental and developmental aspects
in the United Nations' policies and programmes and make
appropriate recommendations to the General Assembly, specialized
agencies concerned and Member States . Appropriate steps
should be taken to obtain regular reports from specialized
agencies on their plans and programmes related to the
implementation of Agenda 21, pursuant to Article 64 of
the Charter of the United Nations. The Economic and Social
Council should organize a periodic review of the work
of the Commission on Sustainable Development envisaged
in paragraph 38.11, as well as of system-wide activities
to integrate environment and development, making full
use of its high-level and coordination segments.
C. Commission on Sustainable Development
38.11
In order to ensure the effective follow-up of the Conference,
as well as to enhance international cooperation and rationalize
the intergovernmental decision-making capacity for the
integration of environment and development issues and
to examine the progress of the implementation of Agenda
21 at the national, regional and international levels,
a high-level Commission on Sustainable Development should
be established in accordance with Article 68 of the Charter
of the United Nations. This Commission would report to
the Economic and Social Council in the context of the
Council's role under the Charter vis-a-vis the General
Assembly. It would consist of representatives of States
elected as members with due regard to equitable geographical
distribution. Representatives of non- member States of
the Commission would have observer status. The Commission
should provide for active involvement of organs, programmes
and organizations of the United Nations system, international
financial institutions and other relevant intergovernmental
organizations, and encourage the participation of non-governmental
organizations, including industry and the business and
scientific communities. The first meeting of the Commission
should be convened no later than 1993. The Commission
should be supported by the secretariat envisaged in paragraph
38.19. Meanwhile the Secretary-General of the United Nations
is requested to ensure adequate interim administrative
secretariat arrangements.
38.12
The General Assembly, at its forty-seventh session, should
determine specific organizational modalities for the work
of this Commission, such as its membership, its relationship
with other intergovernmental United Nations bodies dealing
with matters related to environment and development, and
the frequency, duration and venue of its meetings. These
modalities should take into account the ongoing process
of revitalization and restructuring of the work of the
United Nations in the economic, social and related fields,
in particular measures recommended by the General Assembly
in resolutions 45/264 of 13 May 1991 and 46/235 of 13
April 1992 and other relevant Assembly resolutions. In
this respect, the Secretary-General of the United Nations,
with the assistance of the Secretary- General of the United
Nations Conference on Environment and Development, is
requested to prepare for the Assembly a report with appropriate
recommendations and proposals.
38.13.
The Commission on Sustainable Development should have
the following functions:
(a) To monitor progress in the implementation of Agenda
21 and activities related to the integration of environmental
and developmental goals throughout the United Nations
system through analysis and evaluation of reports from
all relevant organs, organizations, programmes and institutions
of the United Nations system dealing with various issues
of environment and development, including those related
to finance;
(b) To consider information provided by Governments, including,
for example, in the form of periodic communications or
national reports regarding the activities they undertake
to implement Agenda 21, the problems they face, such as
problems related to financial resources and technology
transfer, and other environment and development issues
they find relevant;
(c) To review the progress in the implementation of the
commitments contained in Agenda 21, including those related
to provision of financial resources and transfer of technology;
(d) To receive and analyse relevant imput from competent
non-governmental organizations, including the scientific
and the private sector, in the context of the overall
implementation of Agenda 21;
(e) To enhance the dialogue within the framework of the
United Nations with non- governmental organizations and
the independent sector as well as other entities outside
the United Nations system;
(f) To consider, where appropriate, information regarding
the progress made in the implementation of environmental
conventions which could be made available by the relevant
Conferences of Parties;
(g) To provide appropriate recommendations to the General
Assembly, through the Economic and Social Council, on
the basis of an integrated consideration of the reports
and issues related to the implementation of Agenda 21;
and
(h) To consider, at an appropriate time, the results of
the survey to be conducted expeditiously by the United
Nations Secretary-General of all UNCED recommendations
for capacity-building programmes, information networks,
task forces and other mechanisms to support the integration
of environment and development at regional and sub-regional
levels.
38.14.
Within the intergovernmental framework, consideration
should be given to allow non-governmental organizations
including those related to major groups, particularly
women's groups, committed to the implementation of Agenda
21 to have relevant information available to them including
information, reports and other data produced within the
United Nations system.
D.
The Secretary-General
38.15.
Strong and effective leadership on the part of the Secretary-General
is crucial, since he/she would be the focal point of the
institutional arrangements within the United Nations system
for the successful follow-up to the Conference and for
the implementation of Agenda 21.
E.
High-level interagency coordination mechanism
38.16.
Agenda 21, as the basis for action by the international
community to integrate environment and development, should
provide the principal framework for coordination of relevant
activities within the United Nations system. To ensure
effective monitoring, coordination and supervision of
the involvement of the United Nations system in the follow-
up to the Conference, there is a need for a coordination
mechanism under the direct leadership of the Secretary-General.
38.17.
This task should be given to the Administrative Committee
on Coordination (ACC) headed by the Secretary-General.
ACC would thus provide a vital link and interface between
the multilateral financial institutions and other United
Nations bodies at the highest administrative level. The
Secretary-General should continue to revitalize the functioning
of the Committee. All heads of agencies and institutions
of the United Nations system shall be expected to cooperate
with the Secretary-General fully in order to make ACC
work effectively in fulfilling its crucial role and ensure
successful implementation of Agenda 21. The ACC should
consider establishing a special task force, subcommittee
or sustainable development board, taking into account
the experience of the Designated Officials on Environmental
Matters (DOEM) and the Committee of International Development
Institutions on the Environment (CIDIE) as well as the
respective roles of the UNEP and UNDP. Its report should
be submitted to the relevant intergovernmental bodies.
F. High-level advisory body
38.18.
Intergovernmental bodies, the Secretary-General and the
United Nations system as a whole may also benefit from
the expertise of a high-level advisory board consisting
of eminent persons knowledgeable about environment and
development, including relevant sciences, appointed by
the Secretary-General in their personal capacity. In this
regard, the Secretary-General should make appropriate
recommendations to the 47th session of the General Assembly.
G. Secretariat support structure
38.19.
A highly qualified and competent secretariat support structure
within the United Nations Secretariat, drawing, inter
alia, on the expertise gained in the UNCED preparatory
process is essential for the follow-up to the Conference
and the implementation of Agenda 21. This secretariat
support structure should provide support to the work of
both intergovernmental and interagency coordination mechanisms.
Concrete organizational decisions fall within the competence
of the Secretary-General as the chief administrative officer
of the Organization, who is requested to report on the
provisions to be made, covering staffing implications,
as soon as practicable, taking into account gender balance
as defined in Article 8 of the United Nations Charter,
and the need for the optimum use of existing resources
in the context of current and ongoing restructuring of
the United Nations Secretariat.
H. Organs, programmes, organizations of the United Nations
system
38.20.
In the follow-up to the Conference, in particular implementation
of Agenda 21, all relevant organs, programmes and organizations
of the United Nations system will have an important role
within their respective areas of expertise and mandates
in supporting and supplementing national efforts. Coordination
and mutual complementarity of their efforts to promote
integration of environment and development can be enhanced
through countries encouraging to maintain consistent positions
in the various governing bodies.
1. United Nations Environment Programme
38.21.
In the follow-up to the Conference, there will be a need
for an enhanced and strengthened role of UNEP and its
Governing Council. The Governing Council should within
its mandate continue to play its role with regard to policy
guidance and coordination in the field of the environment,
taking into account the development perspective.
38.22.
Priority areas on which UNEP should concentrate include
the following:
(a) strengthening its catalytic role in stimulating and
promoting environmental activities and considerations
throughout the United Nations system;
(b) promoting international cooperation in the field of
environment and recommending, as appropriate, policies
to this end;
(c) developing and promoting the use of techniques such
as natural resource accounting and environmental economics;
(d) environmental monitoring and assessment, both through
improved participation by the United Nations system agencies
in the Earthwatch programme and expanded relations with
private scientific and non-governmental research institutes;
strengthening and making operational its early warning
function;
(e) coordination and promotion of relevant scientific
research with a view to providing a consolidated basis
for decision-making;
(f) dissemination of environmental information and data
to Governments and to organs, programmes and organizations
of the United Nations system;
(g) raising general awareness and action in the area of
environmental protection through collaboration with the
general public, non-governmental entities and intergovernmental
institutions;
(h) further development of international environmental
law, in particular conventions and guidelines, promotion
of its implementation, and coordinating functions arising
from an increasing number of international legal agreements,
inter alia, the functioning of the secretariats of the
Conventions, taking into account the need for the most
efficient use of resources, including possible co-location
of secretariats established in the future; (i) further
development and promotion of the widest possible use of
environmental impact assessments, including activities
carried out under the auspices of United Nations specialized
agencies, and in connection with every significant economic
development project or activity;
(j) facilitation of information exchange on environmentally
sound technologies, including legal aspects, and provision
of training;
(k) promotion of sub-regional and regional cooperation
and support to relevant initiatives and programmes for
environmental protection including playing a major contributing
and coordinating role in the regional mechanisms in the
field of environment identified for the follow-up to UNCED;
(l) providing technical, legal and institutional advice
to Governments, upon request in establishing and enhancing
their national legal and institutional frameworks, in
particular, in cooperation with UNDP capacity-building
efforts;
(m) supporting Governments, upon request, and development
agencies and organs in the integration of environmental
aspects into their development policies and programmes,
in particular through provision of environmental, technical
and policy advice during programme formulation and implementation;
(n) further developing assessment and assistance in cases
of environmental emergencies.
38.23.
In order for UNEP to perform all of these functions, while
retaining its role as the principal body within the United
Nations system in the field of environment and taking
into account the development aspects of environmental
questions, it would require access to greater expertise
and provision of adequate financial resources and it would
require closer cooperation and collaboration with development
and other relevant organs of the United Nations system.
Furthermore, UNEP's regional offices should be strengthened
without weakening its headquarters in Nairobi, and UNEP
should take steps to reinforce and intensify its liaison
and interaction with UNDP and the World Bank.
2. United Nations Development Programme
38.24.
UNDP, like UNEP, also has a crucial role in the follow-up
to the UNCED. Through its network of field offices it
would foster the United Nations system's collective thrust
in support of the implementation of Agenda 21, at the
country, regional, interregional and global levels, drawing
on the expertise of the specialized agencies and other
United Nations organizations and bodies involved in operational
activities. The role of the Resident Representative/Resident
Coordinator of UNDP needs to be strengthened in order
to coordinate the field-level activities of the United
Nations operational activities.
38.25.
Its role would include the following:
(a)
acting as the lead agency in organizing United Nations
system efforts towards capacity-building at the local,
national and regional levels;
(b) mobilizing donor resources on behalf of Governments
for capacity-building in recipient countries and, where
appropriate, through the use of UNDP round-table mechanisms;
(c) strengthening its own programmes in support of follow-up
to UNCED without prejudice to the Fifth Programme Cycle;
(d) assisting recipient countries, upon request, in the
establishment and strengthening of national coordination
mechanisms and networks related to activities for the
follow-up of the UNCED;
(e) assisting recipient countries, upon request, in coordinating
the mobilization of domestic financial resources;
(f) promoting and strengthening the role and involvement
of women, youth and other major groups, in recipient countries
in the implementation of Agenda 21.
3.
United Nations Conference on Trade and Development
38.26.
The United Nations Conference on Trade and Development
should play an important role in the implementation of
Agenda 21 as extended at the eight session of the Conference,
taking into account the importance of the interrelationships
between development, international trade and the environment
and in accordance with its mandate in the area of sustainable
development.
4.
United Nations Sudano-Sahelian Office
38.27.
The role of the United Nations Sudano-Sahelian Office,
with added resources that may become available, operating
under the umbrella of UNDP and with the support of UNEP,
should be strengthened so that this body can assume an
appropriate major advisory role and participate effectively
in the implementation of Agenda 21 provisions related
to combating drought, desertification as well as land
resource management. In this context, the experience gained
could be used by all other countries affected by drought
and desertification, in particular those in Africa, with
special attention to countries most affected or classified
as least-developed countries.
5. United Nations specialized agencies and related organizations
and other relevant intergovernmental organizations
38.28.
All United Nations specialized agencies, related organizations
and other relevant intergovernmental organizations within
their respective fields of competence have an important
role to play in the implementation of relevant parts of
Agenda 21 and other decisions of UNCED. Their governing
bodies may consider ways of strengthening and adjusting
activities and programmes in line with Agenda 21, in particular,
regarding projects for promoting sustainable development.
Furthermore, they may consider establishing special arrangements
with donors and financial institutions for project implementation
that may require additional resources.
I.
Regional and sub-regional cooperation and implementation
38.29.
Regional and sub-regional cooperation will be an important
part of the Conference outcome. The United Nations regional
economic commissions, regional development banks and regional
economic and technical cooperation organizations, within
their respective agreed mandates, can contribute to this
process by:
(a)
promoting regional and sub-regional capacity-building;
(b) promoting the integration of environmental concerns
in regional and sub-regional development policies;
(c) promoting regional and sub-regional cooperation, whereappropriate,
regarding transboundary issues related to sustainable
development.
38.30.
Regional economic commissions, as appropriate, should
play a leading role in coordinating regional and sub-regional
activities by sectoral and other United Nations bodies
and shall assist countries in achieving sustainable development.
These commissions, regional programmes within the United
Nations system, as well as other regional organizations
should review the need for modification of ongoing activities,
as appropriate, in light of Agenda 21.
38.31.
There must be active cooperation and collaboration among
the regional commissions and other relevant organizations,
regional development banks, non-governmental organizations
and other institutions at the regional level. UNEP and
UNDP, together with the regional commissions, would have
a crucial role to play, especially in providing the necessary
assistance, with particular emphasis on building and strengthening
the national capacity of Member States.
38.32.
There is a need for closer cooperation between UNEP and
UNDP, together with other relevant institutions, in the
implementation of projects to halt environmental degradation
or its impact, and to support training programmes in environmental
planning and management for sustainable development at
the regional level.
38.33.
Regional intergovernmental technical and economic organizations
have an important role to play in helping Governments
to take coordinated action in solving environment issues
of regional significance.
38.34.
Regional and subregional organizations should play a major
role in the implementation of Agenda 21 provisions related
to combating drought and desertification. UNEP, UNDP and
UNSO should assist and cooperate with those relevant organizations.
38.35.
Cooperation between regional and subregional organizations
and relevant organizations of the United Nations system
should be encouraged, where appropriate, in other sectoral
areas.
J.
National implementation
38.36.
States have an important role to play in the follow-up
of UNCED and the implementation of Agenda 21. National
level efforts should be undertaken by all countries in
an integrated manner so that both environment and development
concerns can be dealt with in a coherent manner.
38.37.
Policy decisions and activities at the national level,
tailored to support and implement Agenda 21 should be
supported by the United Nations system upon request.
38.38.
Furthermore, States could consider the preparation of
national reports. In this context, the organs of the United
Nations system should, upon request, assist countries,
in particular developing countries. Countries could also
consider the preparation of national action plans for
the implementation of Agenda 21.
38.39.
Existing assistance consortia, consultative groups and
round tables should make greater efforts to integrate
environmental considerations and related development objectives
into their development assistance strategies, and consider
reorienting and appropriately adjusting their membership
and operations to facilitate this process and better support
national efforts to integrate environment and development.
38.40.States
may wish to consider setting up a national coordination
structure responsible for the follow-up of Agenda 21.
Within this structure, which would benefit from the expertise
of non-governmental organizations, submissions and other
relevant information could be made to the United Nations.
K.
Cooperation between United Nations bodies and international
financial organizations
38.41.
The success of the follow-up to the Conference is dependent
upon an effective link between substantive action and
financial support, and this requires close and effective
cooperation between United Nations bodies and the multilateral
financial organizations. The Secretary-General and heads
of United Nations programmes, organizations and the multi-
lateral financial organizations have a special responsibility
in forging such a cooperation, not only through full participation
in the United Nations high-level coordination mechanism
(Administrative Committee on Coordination) but also at
regional and national levels. In particular, representatives
of multilateral financial institutions and mechanisms,
as well as the International Fund for Agricultural Development,
should be actively associated with deliberations of the
intergovernmental structure responsible for the follow
up to Agenda 21.
L.
Non-governmental organizations
38.42.
Non-governmental organizations and major groups are important
partners in the implementation of Agenda 21. Relevant
non-governmental organizations, including scientific community,
the private sector, women's groups, etc., should be given
opportunities to make their contributions and establish
appropriate relationships with the United Nations system.
Support should be provided for developing countries' non-governmental
organizations and their self-organized networks.
38.43.
The United Nations system, including international finance
and development agencies, and all intergovernmental organizations
and forums should, in consultation with non- governmental
organizations take measures to:
(a)
design open and effective means to achieve the participation
of non-governmental organizations, including those related
to major groups, in the process established to review
and evaluate the implementation of Agenda 21 at all levels
and promote their contribution to it;
(b) take into account the findings of non-governmental
organizations' review systems and evaluation processes
in relevant reports of the Secretary-General to the General
Assembly and all pertinent United Nations agencies and
intergovernmental organizations and forums concerning
implementation of Agenda 21 in accordance with its review
process.
38.44.
Procedures should be established for an expanded role
for non-governmental organizations, including those related
to major groups, with accreditation based on the procedures
used in UNCED. Such organizations should have access to
reports and other information produced by the United Nations
system. The General Assembly, at an early stage, should
examine ways of enhancing the involvement of non-governmental
organizations within the United Nations system in relation
to the UNCED follow-up process.
38.45.
The Conference takes note of other institutional initiatives
for the implementation of Agenda 21, such as the proposal
to establish a non-governmental Earth Council and the
proposal to appoint a guardian for future generations
as well as other initiatives by local Governments and
business sectors.
