Agenda 21
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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-
-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.
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