A-21: INTERNATIONAL INSTITUTIONS
Distr.
GENERAL
A/CONF.151/26 (Vol. III)
14 August 1992
ORIGINAL: ENGLISH
REPORT OF THE UNITED NATIONS CONFERENCE ON
ENVIRONMENT AND DEVELOPMENT
(Rio de Janeiro, 3-14 June 1992)
Chapter 38
INTERNATIONAL INSTITUTIONAL ARRANGEMENTS
BASIS FOR ACTION
38.1. The mandate of the United Nations Conference on Environment and
Development emanates from General Assembly resolution 44/228, in which the
Assembly, inter alia, affirmed that the Conference 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, the 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 the Conference. 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 into, 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 the Conference 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 to 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
concerning 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, subregional, 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 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
subregional, 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,
subregional and regional capacities and actions in the areas of environment
and development;
(g) To establish effective cooperation and exchange of information
between 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 intergovernmental mechanism, is
the principal policy-making and appraisal organ on matters relating to the
follow-up of the Conference. The Assembly would organize a regular review
of the implementation of Agenda 21. In fulfilling this task, the Assembly
could consider the timing, format and organizational aspects of such a
review. In particular, the Assembly could consider holding a special
session not later than 1997 for the 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 role under
the Charter 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 by overseeing system-wide
coordination in 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 of United Nations policies and programmes and would
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 in 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--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 the 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, information 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 input from competent
non-governmental organizations, including the scientific and private
sectors, 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;
(h) To consider, at an appropriate time, the results of the review
to be conducted expeditiously by the Secretary-General of all
recommendations of the Conference for capacity-building programmes,
information networks, task forces and other mechanisms to support the
integration of environment and development at regional and subregional
levels.
38.14. Within the intergovernmental framework, consideration should be
given to allowing 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 inter-agency 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. ACC should consider
establishing a special task force, subcommittee or sustainable development
board, taking into account the experience of the Designated Officials for
Environmental Matters (DOEM) and the Committee of International Development
Institutions on Environment (CIDIE), as well as the respective roles of
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 General
Assembly at its forty-seventh session.
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 Conference 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 inter-agency 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 Charter of the United Nations and the need for
the best use of existing resources in the context of the current and
ongoing restructuring of the United Nations Secretariat.
H. Organs, programmes and organizations of the
United Nations system
38.20. In the follow-up to the Conference, in particular the
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 by encouraging countries 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 for 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 such techniques 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 specialized agencies of the United Nations system, 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 subregional 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 the
Conference;
(l) Provision of 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) Support to 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 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, UNEP would require access to greater expertise and
provision of adequate financial resources and it would require closer
cooperation and collaboration with development organs and other relevant
organs of the United Nations system. Furthermore, the regional offices of
UNEP 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
United Nations Conference on Environment and Development. 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 should 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 the UNDP donor round-table mechanisms;
(c) Strengthening its own programmes in support of follow-up to the
Conference without prejudice to the fifth programming 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 to the Conference;
(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. UNCTAD should play an important role in the implementation of
Agenda 21 as extended at its eighth session, 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 (UNSO), with
added resources that may become available, operating under the umbrella of
UNDP and with the support of UNEP, should be strengthened so that it can
assume an appropriate major advisory role and participate effectively in
the implementation of Agenda 21 provisions related to combating drought and
desertification and to 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. Specialized agencies of the United Nations system
and related organizations and other relevant
intergovernmental organizations
38.28. All specialized agencies of the United Nations system, 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 the
Conference. 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 subregional cooperation and implementation
38.29. Regional and subregional cooperation will be an important part of
the outcome of the Conference. The regional 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 subregional capacity-building;
(b) Promoting the integration of environmental concerns in regional
and subregional development policies;
(c) Promoting regional and subregional cooperation, where
appropriate, regarding transboundary issues related to sustainable
development.
38.30. The regional commissions, as appropriate, should play a leading
role in coordinating regional and subregional activities by sectoral and
other United Nations bodies and shall assist countries in achieving
sustainable development. The commissions and 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 the provisions of Agenda 21 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 the
Conference 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 should consider reorienting and appropriately adjusting their
memberships 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 multilateral financial
organizations have a special responsibility in forging such cooperation,
not only through 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 IFAD, should actively be 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 the scientific community, the private sector and
women's groups, 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 review systems and evaluation
processes of non-governmental organizations 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 the 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 the Conference. 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 follow-up
process of the Conference.
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 taken by local governments
and business sectors.
END OF CHAPTER 38
.
===========RRojas Research Unit/1996===================================
