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Confrence des Nations Unies sur l'Environnement et le Dveloppement

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AGENDA 21, CHAPTER 38



INTERNATIONAL INSTITUTIONAL ARRANGEMENTS






NOTE:     This is a final, advanced version of a chapter of Agenda 21, as adopted by
          the Plenary in Rio de Janeiro, on June 14, 1992.  This document will be
          further edited, translated into the official languages, and published by the
          United Nations for the General Assembly this autumn.





                                                   ........../2

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 
promotingenvironmental 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 andstrengthening of national coordination 
mechanisms and networks related to activities for the follow-up 
of the UNCED; 

   (e) assisting recipient countries, upon request, in 
coordinating themobilization 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.   

.
