Multilateral Environmental

Agreements:
A Handbook for Afghan Officials

United Nations Environment Programme

Post-Conflict and Disaster Management Branch
First published in Kabul in 2008 by the United Nations Environment Programme.
Copyright © 2008, United Nations Environment Programme.

This publication may be reproduced in whole or in part and in any form for educational or non-profit purposes
without special permission from the copyright holder, provided acknowledgement of the source is made.
UNEP would appreciate receiving a copy of any publication that uses this publication as a source.

No use of this publication may be made for resale or for any other commercial purpose whatsoever without prior
permission in writing from the United Nations Environment Programme.

Belinda Bowling
Environmental Law and International Conventions Expert
United Nations Environment Programme (UNEP)
Post-Conflict and Disaster Management Branch

National Environmental Protection Agency (NEPA)

Darulaman, Kabul
Afghanistan
Tel: +93 (0)799 208 721
E-mail: belinda.bowling@unep.ch
Web: http://www.unep.org

DISCLAIMER

The contents of this volume do not necessarily reflect the views of UNEP, or contributory organizations. The
designations employed and the presentations do not imply the expressions of any opinion whatsoever on the
part of UNEP or contributory organizations concerning the legal status of any country, territory, city or area or its
authority, or concerning the delimitation of its frontiers or boundaries.

Design and Layout: Rachel Dolores

Table of Contents
Abbreviation Table ............................................................................................................... 4
Author’s Note ........................................................................................................................ 7

1 Introduction ..................................................................................................................... 7

2 Overview of MEAs ............................................................................................................ 8

2.1 The Meaning of the Term ‘MEA’ ....................................................................... 8
2.2 Historical Development of MEAs ..................................................................... 8
2.3 Different Types of MEAs ................................................................................... 9
2.4 General Structure of MEAs .............................................................................. 9
2.5 How an MEA Enters into Force ...................................................................... 10
2.6 MEA Clustering .............................................................................................. 12
2.7 How MEAs Adapt and Evolve ........................................................................ 13
2.8 Benefits of Being a Party to an MEA .............................................................. 13

3 Implementation of MEAs ................................................................................................ 16

3.1 Overview ..................................................................................................... 16
3.2 Compliance with MEAs ................................................................................ 16
3.3 Enforcement of MEAs .................................................................................... 18

4 Description of the MEAs relevant to Afghanistan ........................................................... 21

4.1 Convention on Biological Diversity ............................................................... 21
4.2 United Nations Convention to Combat Desertification in those Countries
Experiencing Serious Drought and/or Desertification, Particularly in Africa .. 23
4.3 United Nations Framework Convention on Climate Change ........................ 24
4.4 Convention on International Trade in Endangered Species
of Fauna and Flora ....................................................................................... 26
4.5 Vienna Convention for the Protection of the Ozone Layer............................ 27
4.6 Montreal Protocol on Substances that Deplete the Ozone Layer ................. 28
4.7 Convention on the Conservation of Migratory Species of Wild Animals ....... 30
4.8 Ramsar Convention on Wetlands of International
ImportanceEspecially as Waterfowl Habitat ................................................. 31
4.9 Basel Convention on Transboundary Movement
of Hazardous Wastes and their Disposal ....................................................... 33
4.10 Rotterdam Convention on Prior Informed Consent ....................................... 34
4.11 Stockholm Convention on Persistent Organic Pollutants .............................. 35

5 Participation in MEA Meetings and Negotiations ........................................................... 38

5.1 Preparation for Meetings .............................................................................. 38
5.2 What to Expect at a Meeting ........................................................................ 38
5.3 Political Background to Negotiations: Regional and Negotiating Blocks ..... 40
5.4 Particular Challenges for Developing Country Coalitions ............................ 42
5.5 Reporting Back to the Afghan Government ................................................. 43

Annex 1: Glossary of Commonly Used MEA Technical Terms .............................................. 44

Annex 2: Checklist for an MEA Negotiator .......................................................................... 52
Annex 3: Useful MEA Internet Sites ...................................................................................... 53
Abbreviations
(See also the Glossary set out in Annex 1)

AOSIS Alliance of Small Island States

Basel Convention Basel Convention on Transboundary Movement of Hazardous Wastes and their
Disposal

CBD Convention on Biological Diversity (also referred to as UNCBD)

CFCs Chlorofluorocarbons

CHM Clearing house mechanism (under the CBD)

CITES Convention on International Trade in Endangered Species of Wild Fauna and Flora

CMS Convention on Migratory Species of Wild Animals

COP Conference of the Parties

COW Committee of the Whole

DNA Designated National Authority

EC European Commission

EU European Union

FAO Food and Agriculture Organisation of the United Nations

G-77 Originally the Group of 77 developing countries established in 1964 at the first
session of UNCTAD. Now 133 developing States.

GEF Global Environment Facility

GHG Greenhouse gas

ICIMOD International Centre for Integrated Mountain Development

INC Intergovernmental Negotiating Committee

IPCC Intergovernmental Panel on Climate Change

JUSCANZ Non-EU industrialised countries coalition (Japan, the US, Canada, Australia, New
Zealand, Iceland, Mexico, Norway and Switzerland)

LDC Least developed country

MAIL Ministry of Agriculture, Irrigation and Livestock

MEA Multilateral Environmental Agreement

MoFA Ministry of Foreign Affairs

Montreal Protocol Montreal Protocol on Substances that Deplete the Ozone Layer

MOP Meeting of the Parties

NAP National Action Plan (under UNCCD)

NAPA National Adaptation Plan of Action

NBSAP National Biodiversity Strategy and Action Plan

NCSA National Capacity Needs Self-Assessment for Global Environmental Management

NEPA National Environmental Protection Agency

NGO Non-governmental organisation

NOU National Ozone Unit

4 Multilateral Environmental Agreements:

 OECD Organisation for Economic Cooperation and Development

Ozone Treaties The Vienna Convention and Montreal Protocol

PIC Prior informed consent

POPs Persistent organic pollutants

PrepComs Preparatory committees

Ramsar Convention Ramsar Convention on Wetlands of International Importance especially as Waterfowl

Habitat

Rotterdam Convention Rotterdam Convention on Prior Informed Consent

Stockholm Convention Stockholm Convention on Persistent Organic Pollutants

UNCBD United Nations Convention on Biological Diversity (or Biodiversity Convention)

UNCCD United Nations Convention to Combat Desertification

UNCED United Nations Conference on Environment and Development (or Earth Summit,
2002)

UNDP United Nations Development Programme

UNEP United Nations Environment Programme

UNESCO United Nations Education, Scientific and Cultural Organisation

UNFCCC United Nations Framework Convention on Climate Change (or Climate Change
Convention)

UNICEF United Nations Children’s Fund

UNIDO United Nations Industrial Development Organisation

UNOPS United Nations Office for Project Services

Vienna Convention Vienna Convention on the Protection of the Ozone Layer

WCS Wildlife Conservation Society

WEOG Western Europe and Others Group

WMO World Meteorological Organisation

WWF Worldwide Fund for Nature

A Handbook for Afghan Officials 5

 Author’s Note
This handbook draws from five existing United Nations
Environment Programme (UNEP) publications, namely
the Guide for Negotiators of Multilateral Environmental
Agreements, Compliance Mechanisms Under Selected
Multilateral Agreements, Glossary of Terms for Negotiators
of Multilateral Agreements, Negotiating and Implementing
MEAs: A Manual for NGOs, and the Manual on Compliance
with and Enforcement of MEAs.

This handbook has been produced in both Dari and English

and is an output of UNEP’s Programme for Institutional
and Capacity Building for Environmental Management in
Afghanistan, which was initially implemented in 2003 and
is funded by the European Commission, the Government of
Finland and the Global Environment Facility.

The intended audience for this handbook is the Government

of the Islamic Republic of Afghanistan, particularly officials
from the National Environmental Protection Agency, the
Ministry of Agriculture, Irrigation and Livestock and the Ministry
of Foreign Affairs.

Belinda Bowling
March 2008

The UNEP Capacity Building and Institutional Development Programme

for Environmental Management in Afghanistan is funded by the European
Commission, the Government of Finland and the Global Environment Facility.

6 Multilateral Environmental Agreements:

 1 Introduction
Neither environmental resources (such as wildlife
species and forests) nor environmental problems
(such as air or water pollution) respect the
political and administrative boundaries imposed
by humans on the Earth that we all inhabit.
As a result, many aspects of environmental
management are regional or global in nature
and need to be governed accordingly. Multi-
lateral environmental agreements (MEAs) or
environmental conventions or treaties, are the
main vehicles used by governments across the
globe in order to achieve this.
The United Nations Environment Programme (UNEP)
has developed this handbook as a reference
tool for Afghan government officials attending
international environmental meetings on behalf of
© IMAL HASHIMI
Air pollution is an urban environmental problem in Kabul. It is also a regional and international problem, and is an example of an environmental
problem that fails to respect borders and geographic boundaries.
A Handbook for Afghan Officials
the government, as well those officials responsible
for compliance with, and enforcement of, MEAs
within Afghanistan.
This handbook covers all introductory aspects of
MEAs, including:
• What MEAs are;
• How MEAs are implemented;
• An overview of the MEAs to which Afghanistan
is already Party, or those to which it intends to
become a Party; and
• Provision of guidelines for participating in MEA
international meetings and negotiations.
The Annexes include a glossary of MEA terms, a
checklist for MEA negotiators and a list of useful
MEA websites.
7
2 Overview of MEAs
This section provides a basic outline of the nature
and scope of MEAs. It includes: The meaning of
the term, an overview of the different types of
MEAs in place, the legal nature of MEAs, their
administrative structure and how MEAs evolve to
adapt to new challenges and developments.
2.1 The Meaning of the Term ‘MEA’
A multilateral environmental agreement is a
legally binding agreement between two or
more countries containing commitments to meet
specific environment-related objectives.
Two elements of the definition are important to
understand:
• Legally binding: MEAs are legal instruments.
They bind the countries that have agreed
to become a Party through ratification or
accession. Countries that have signed but
have not yet ratified an MEA are nonetheless
expected not to do anything that could affect
the aims and purposes of the agreement.
MEAs are not declarations of intention but are
rules of international law. As such, an MEA is a
powerful tool for the implementation of policies
with environmental protection and sustainable
development goals.
• Between two or more nation States: The
better-known environmental agreements are
multilateral in the sense that they involve many
nations and generally deal with broad aspects
of environment (e.g. climate, biodiversity etc.).
However, the term MEA can refer to any treaty
between two or more nations if, and when, it
deals with direct environmental objectives.
2.2 Historical Development of MEAs
MEAs, in some form, have been in place for about
a hundred years. However, most have developed
in the last three decades, especially since the
1972 International Stockholm Conference on
Human Environment. Some studies conservatively
estimate that approximately 700 MEAs are
currently in place. Their proliferation is mainly due
to an appreciation of the gravity of environmental
8 Multilateral Environmental Agreements:
problems facing our planet today (largely
as a result of human activity), plus a growing
understanding that environmental issues are often
not only local in nature, but also regional and
global. Therefore, the solutions and tools to deal
with them should also be regional and global in
their scope.
The first MEAs were quite different from ones signed
and coming into force of recent years. They were
usually aimed at protecting a particular species,
e.g. a species of fauna, such as the snow leopard.
Earlier agreements also tended to deal with one
particular media, for example, oceans. However,
over time and as appreciation of the interlinked
nature of ecological processes developed, such
sectoral approaches were gradually abandoned
in the quest for more integrated considerations
and, as a consequence, more integrated
mechanisms and solutions.
That said, MEAs remained sectoral until the early
1990s in the sense that they did not incorporate
specific sustainability approaches and only dealt
with environmental protection or conservation. While
the first generation of MEAs were use-oriented, the
more recent ‘second generation’ took a more holistic
approach, focusing on sustainable development
and sustainable use of natural resources. The
later MEAs were born out of the United Nations
Conference on Environment and Development
(UNCED) in 1992 (otherwise known as the ‘Earth
Summit’ or ‘Rio Conference’) where governments
across the globe acknowledged the interaction
between society and biophysical problems,
and began to recognise intimate links between
development and the environment. Recent MEAs
fully concede these aspects as crucial.
The Earth Summit was held in Rio de Janeiro,
Brazil in 1992 and was attended by government
representatives from approximately 180 States,
including Afghanistan. Two new conventions were
opened for signature here – 1) The UN Framework
Convention on Climate Change (UNFCCC),
which is sectoral in that it deals with climate and
the atmosphere but also recognises the broader
impacts of climate change on ecosystems, food
production and sustainable development; and
2) The Convention on Biological Diversity (CBD),
which seeks to bring together agriculture, forestry,
fishery, land use and nature conservation in new
ways. A third convention was adopted after the
Conference: 3) The UN Convention to Combat
Desertification (UNCCD), which aims to combat
desertification and mitigate the effects of drought.
These three conventions are often referred to as
‘the Rio Conventions’.
2.3 Different Types of MEAs
There are five main categories of MEAs. However,
it should be noted that an MEA can fall into more
than one category (for example, the Convention
on International Trade in Endangered Species of
Wild Fauna and Flora (CITES) is both a multilateral
MEA and an appendix-driven one).
1) Global or Multilateral MEAs
This type of MEA have been signed by the
majority of the world’s States. Examples include
the Convention on Biological Diversity (CBD)
and the Desertification Convention (UNCCD).
2) Bilateral MEAs
An agreement between two countries
concerning an aspect of environmental
management. An example is the Treaty
between Argentina and Chile on the
Environment (1991).
3) Regional MEAs
These MEAs are restricted to a specific
geographical region. For example, the
Bamako Convention on the Ban of the Import
into Africa and the Control of Transboundary
Movement and Management of Hazardous
Waste within Africa (1991).
4) Framework MEAs
This type of MEA require further agreements
(protocols) to provide the necessary standards,
procedures and other requirements to
implement the MEA effectively. An example is
the Climate Change Convention (UNFCCC).
5) Appendix-driven MEAs
These agreements rely heavily on appendices
for their operation. CITES and CMS are two
examples. Appendix I of CITES includes species
under threat of extinction, so international
trade in these species is permitted only in
exceptional circumstances. Appendix II
A Handbook for Afghan Officials
of CITES includes species not necessarily
threatened by extinction, but whose trade
must be controlled in order to avoid utilisation
incompatible with their survival. Appendix III of
CITES includes species protected in at least
one State, which has requested other CITES
Parties for assistance in controlling the trade.
2.4 General Structure of MEAs
Most MEAs include a series of structures that
facilitate their implementation and also run the
activities that arise out of the agreement. Although
there might be more institutional arrangements
than these listed, the following outline the basic
organisational compositions that are set up after
an MEA is adopted.
• Secretariat: Secretariats undertake the
day-to-day activities of coordinating the
implementation and make arrangements for
the meetings of the Conference of the Parties
(COP). Secretariats provide support for the MEA
Parties in tasks such as:
– Reporting on compliance;
– Upholding information systems related to the
Convention and the issues it deals with;
– Employing or fostering financial mechanisms
for projects dealing with MEA implementation;
and
– Assisting and servicing the periodic meetings
of the COP or Meeting of the Parties (MOP)
for protocols or regional agreements.
• Conference of the Parties (COP): Countries
that ratify after adoption and signature
or accede to a particular international
agreement, are called Parties. They meet
periodically through Conferences of Parties to
assess different aspects and implementation
of MEAs. The goals of these conferences
include:
• Appraising the implementation process of
an MEA at the national levels. This is done by
evaluating all reports, submitted by different
national governments, to the COP;
• Deliberating on all aspects of the MEAs;
9
COURTESY OF IISD REPORTING SERVICES / EARTH NEGOTIATIONS BULLETIN
Zahid Ullah Hamdard, Afghanistan (right), noted assistance from UNEP, Germany and others in the preparation of his country’s national phase-
out plan. 18th Meeting of the Parties to the Montreal Protocol (MOP-18), 3 November 2006, New Delhi, India
• Resolving new or additional issues that need
to be settled for the implementation of the
MEA;
• Revising the treaty when, and if, necessary.
• Meeting of the Parties (MOP): A MOP is similar
to a Conference of the Parties. The term ‘MOP’
is used to describe meetings to the Montreal
Protocol (substances that deplete the ozone
layer), in order to distinguish these meetings
to the framework conventions themselves
(the Vienna Convention in the case of the
Ozone Treaties). A MOP will often be held in
conjunction with a COP.
• Scientific body: Formal scientific bodies
authoritatively accompany MEAs. They provide
a more comprehensive evaluation of how the
environmental issue that the MEA deals with is
being confronted, as well as exploring scientific
and technical issues related to the agreement’s
issues. Although nominated by Parties (i.e.
countries that are a part of the treaty), a MEA’s
scientific group acts independently by providing
its own assessments as well as neutral advice.
• Ad hoc groups: These groups may be created
to address specific issues of concern that
require focused attention. For example, an
ad hoc Technical Expert Group on Biological
10
Diversity and Climate Change was established
to consider ways to promote synergies at the
national level between the UNFCCC and the CBD
when implementing climate change activities,
as well as their relation to the conservation and
sustainable use of biodiversity.
The following institutional terms are relevant to COP
and MOP meetings:
• Plenary: The main meeting of the COP or
MOP. At plenary meetings, each delegation is
represented and all delegates sit in a single
large room. State representatives have an
opportunity to address the Convention. All
votes take place in the plenary meeting.
• Bureau: A Bureau may oversee the running of
a COP or MOP. Bureaus are usually made up of
members from each of the different regional
blocs.
• Informal Bodies: The President of the COP or
the Chair of a subsidiary body may establish
‘informal consultations’ (or other groups) to help
find consensus among the diverse interests of
MEA Parties.
Further relevant terms are set out in Annex 1 which
contains a glossary of MEA terms.
Multilateral Environmental Agreements:
2.5 How an MEA Enters into Force
All MEAs differ in scope and substance. Nevertheless,
they tend to be formulated through a similar
process that moves through five distinct stages,
namely: pre-negotiation, negotiation, adoption
and signature, ratification and accession, and
entry into force.
• Pre-negotiation phase
In the pre-negotiation stage, national
governments or intergovernmental organi-
sations set out to address environmental
issues that have implications beyond national
boundaries, or those issues of global concern.
The first step involves deciding if there is a need
for action, and whether joint action is feasible.
Informal or formal consultations at this stage
can take place at the national, regional or
international level.
Scientific analysis is usually a key component
of pre-negotiation analysis. Intergovernmental
organisations may call for the creation of
a scientific body to investigate a particular
issue. For instance, in 1988 UNEP and the World
Meteorological Organisation (WMO) called
• Adoption and signature
for the creation of the Intergovernmental
Panel on Climate Change (IPCC) to provide
independent scientific analysis concerning
the rising threat of climate change. The IPCC’s
findings, set out in its First Assessment Report
in 1990, provided the scientific basis for the
negotiation of the UN Framework Convention
on Climate Change.
The pre-negotiation phase also involves the
assessment of existing legal regimes. This
often includes a review of national laws and
regulations, as well as binding and non-
binding international agreements that address
similar environmental issues.
• Negotiation phase
The negotiation process begins with the
establishment of a negotiating structure.
Negotiating structures usually arise when
international bodies, such as UNEP, convene
an Intergovernmental Negotiating Committee
(INC). Before negotiations begin, preparatory
committees (PrepComs) may be established to
address issues of procedure and cost.
A Handbook for Afghan Officials
When this process is concluded the INC may
organise an ad hoc conference, specifically
designed for the purpose of negotiating an
agreement. Intergovernmental organisations
often provide Secretariats to oversee ad
hoc conferences. This was the case in the
negotiations of the 1998 Convention on Prior
Informed Consent, where UNEP and FAO jointly
provided a Secretariat.
The INC may also establish subsidiary bodies,
such as a Bureau to help organise the
negotiating process or working groups to
focus on specific negotiating issues. If rules of
procedure were not agreed upon during the
preparation process, the ad hoc conference’s
first order of business may be to create
procedural rules to help guide the negotiation
process itself. In the ad hoc conference,
participants may engage in ‘formal’ and
‘informal’ negotiations. Formal negotiations
take place primarily in the plenary body where
all Parties are present. Informal negotiations,
in contrast, occur largely behind closed doors
with smaller groups of key players.
Upon conclusion of the negotiation phase,
attention shifts to the next phase – adoption
and signature. The formal adoption and
signing of an MEA may take place at either
a diplomatic conference or a conference
of plenipotentiaries. An enabling decision is
adopted by the convening body (e.g. the
UN or a specialised agency like UNEP), which
details the purpose, dates, and venue of
the adoption and signature conference. As
in the negotiation phase, the adoption and
signature conference is guided by established
procedural rules. However, in practice,
Parties enter into an agreement to extend
the procedural rules that were applied to the
negotiating sessions. In theory, a conference
for adoption and signature could be convened
just hours after the completion of negotiations.
However, in practice, these conferences
take place some time after the conclusion of
negotiations. This allows time for both the INC
secretariat to prepare necessary documents,
and for negotiators to report the results of the
negotiations to their respective governments.
11
• Ratification and accession
Often MEAs allow countries to sign agreements
‘subject to ratification’. Governments are then
given time to internally consider their formal
position on the agreement. The process of
ratification ensures that country representatives
have not overstepped their authority in
negotiating the MEA. By ratifying an agreement
(by depositing an ‘instrument of ratification’)
a country formally declares its consent to be
bound by the MEA’s terms. Typically, there is a
formal period of time for which an agreement is
open for ‘ratification’ by the governments signing.
However, in certain instances the actual signing
of an MEA may amount to ratification. For this
reason any country representatives attending
an adoption and signing conference should
have the full authority of their governments to
adopt and sign the MEA being agreed.
Accession is fairly similar to ratification. If a country
seeks to make a formal commitment to the MEA
after the allotted timeframe for ratification has
expired, this is termed as ‘accession’. At the
national level, each country determines its own
internal ratification process for international
agreements. Hence different countries may
use different terminology for the process of
ratification. The ‘depositary’ takes custody
of the original treaty text and collects any
documents relating to it (signatures, ratifications,
accessions, reservations, notifi-cations and other
communications). The depositary then examines
whether the documents presented are in proper
form and if the conditions required for the entry
into force of an instrument have been met.
• Entry into force
During the pre-negotiation or negotiation
phases, Parties will agree to specific rules
regarding entr y into force of the MEA.
Most MEAs employ a system in which
entry into force depends on a required
number of ratifications, acceptances,
approvals or accessions received. This
ensures the achievement of a critical mass
of participating States so that the Parties
committing to the agreement are capable
of realising its goals and objectives. Normally,
MEAs require anywhere from 20 to 30 percent
participation of potential Parties. Another
trend with environmental agreements
12
has seen entry into force linked with the
mandatory participation of certain Parties.
The 1997 Kyoto Protocol to the United Nations
Framework Convention on Climate Change
represents an example of this strategy. The
Kyoto Protocol made two requirements for
entry into force. These were:
• Ratification by at least 55 Parties to the
UNFCCC; and
• Ratification by Annex I Parties (developed
country Parties) accounting for at least 55
percent of the total 1990 level of carbon
dioxide emissions from all developed
country Parties listed in Annex I.
Both requirements had to be met before the
Protocol could enter into force. This level of
participation was designed to ensure that
major developed countries participated. It was
also designed to ensure broad participation
in recognition of the economic implications
of ratification and compliance with Kyoto’s
emission reduction targets.
Once an MEA ‘enters into force’ it takes legal effect
and implementation begins. As implementation
goes forward there may be a need to adapt the
MEA’s institutions, mechanisms and approaches to
be able to adapt to changes in science and knowl-
edge, or to build upon the progress that has been
achieved through the negotiation of new decisions,
amendments, annexes, appendices or protocols.
Multilateral environmental agreements must conform
to international public law (as must all international
instruments of this type). The compliance is guided
by the 1969 Vienna Convention on the Law of
Treaties. This treaty, which entered into force in
1980, prescribes the components and general
guidelines for the development, negotiation and
adoption of international treaties.
2.6 MEA Clustering
After beginning to work with MEAs it becomes
apparent that there is a vast degree of
fragmentation, and yet – at the same time – a
great deal of overlap among them. The overlaps,
Multilateral Environmental Agreements:
© CBD CONVENTION ON BIOLOGICAL DIVERSITY
A plenary view of the closing section of sixth meeting of the Ad Hoc Open-ended Working Group on Access and Benefit-sharing under the
Convention on Biological Diversity, 2008.
fragmentation, and proliferation of MEAs have
resulted in the following obstacles:
• Increasing ‘double-work’ causing potential
conflict or confusion between different MEAs;
• Increasing requests for coordination among
and between different MEA structures; and
• Increasing funding required by developing
countries and non-State actors to participate
in the different MEA-originated systems.
To resolve these obstacles, calls have been made
for a ‘clustering’ approach. The general idea is
that by conceptually grouping MEAs or integrating
agreements according to different variables, an
improved and more robust system of international
governance will result.
A clustering approach could conceivably address
fragmentation issues and also harness synergies
between MEAs to improve implementation
processes. This could be particularly beneficial
in countries with limited technical, human and
financial resources, like Afghanistan.
MEAs can be divided into several clusters:
• Biodiversity-related conventions (including
CBD, CITES, Ramsar Convention and CMS),
• Climate change conventions (UNFCCC),
• Chemicals and hazardous wastes conventions
(including the Ozone Treaties, Basel Convention,
A Handbook for Afghan Officials
Stockholm Convention (POPs) and Rotterdam
Convention).
• Land conventions (UNCCD),
• Marine pollution MEAs (although these are
not relevant for a landlocked country like
Afghanistan).
Because Afghanistan is a natural resource
dependent country, and (on a global scale) not
industrialised, the Afghan Government has taken
a policy decision to pursue the biodiversity cluster
of MEAs first. Accordingly, the process of accession
to Ramsar and CMS is currently underway. MEA-
enabling activities are being implemented in
relation to the biodiversity cluster, as well as for
climate change and land clusters (which are all
interlinked). In due course, Afghanistan will begin
focussing on the chemicals cluster.1
2.7 How MEAs Adapt and Evolve
MEAs address the complex issues that evolve over
time as a result of our increased understanding of
various issues, political and social pressures, and
other factors. For this reason, MEAs – like the laws
governing a country – must be able to respond
to changes in science and knowledge, build
upon any progress achieved, and adapt to new
challenges in order to still achieve their objectives.
1
The Ozone Treaties are a special case due to the large amount
of funding available to Afghanistan, and the specific time limits
imposed for the global phase-out of ozone depleting substances.
13
Two broad methods exist by which MEAs can adapt
to changing circumstances:
• Negotiation of decisions or amendments to
adjust an MEA’s content; and
• The negotiation of new, independent
agreements that can extend the scope or reach
of the current agreement (e.g. new protocols,
new annexes, or new appendices).
Firstly, Parties to an MEA may decide to adjust the
MEA’s scope through the adoption of decisions
or amendments. Some ‘adjustments’ may only
require a majority vote in order for them to become
binding on all Parties. For example, the Montreal
Protocol includes a provision to allow for a two-thirds
majority vote on amendments if Parties fail to reach
consensus. CITES allows for the listing of a species
in two of its Appendices upon a two-thirds majority
vote. However, once an amendment is agreed it
may not enter into force and become effective
until it goes through a new process of ratification
by each Party (or by a certain number of Parties).
The text of the MEA itself usually provides rules for
the adoption of decisions and amendments.
Secondly, if amendments or adjustments are insuf-
ficient to respond to changing circumstances, the
Parties may decide to create new agreements to
advance an MEA’s objectives. These agreements
are called protocols. Protocols retain a strong link
Example:
The 1985 Vienna Convention on
the Protection of the Ozone Layer
In 1985, scientific concerns about damage to the
ozone layer prompted governments to adopt the
Vienna Convention on the Protection of the Ozone
Layer, which established an international legal
framework for action. Two years later, in 1987,
international negotiators met again to adopt legally
binding commitments in the Montreal Protocol on
Substances that Deplete the Ozone Layer. The
Montreal Protocol required industrialised countries
to reduce their consumption of chemicals harming
the ozone layer and set timeframes for phasing out
these chemicals. As a result of changing conditions
and increased information during the Montreal
Protocol’s implementation, additional requirements
have been added through amendments adopted
in London (1990), Copenhagen (1992), Montreal
(1997) and Beijing (1999).
14
to existing MEAs, but in reality serve as independent
and autonomous agreements. MEAs often utilise
protocols to regulate a specific aspect of a larger
environmental concern. An example is the 1985 Vi-
enna Convention and its 1987 Montreal Protocol (see
example below). States that are a Party to the parent
Convention are not obliged to become Parties to
new protocols – unless the convention stipulates they
must do so. In some cases, non-Parties can voluntarily
comply with requirements set out in protocols.
2.8 Benefits of Being
a Party to an MEA
The key benefits of an MEA are usually environ-
mental, but may also be economic, socio-political,
and administrative. The clearest benefits usually
relate to the specific goals set out in the MEA itself.
Thus, CITES seeks to ensure that no wildlife species
becomes or remains subject to unsustainable
exploitation through international trade, but it also
allows legitimate trade and scientific research; the
Basel Convention seeks to protect human health
and the environment from illegal transboundary
movements and disposal of hazardous waste; and
so forth. In addition to these MEA-specific benefits,
there are some general benefits of ratifying,
implementing, complying with, and enforcing MEAs
– and also costs associated with not complying.
• Protecting public health and the environment:
MEAs have a range of environmental and
public health benefits, the specifics of which
vary from MEA to MEA and State to State. These
benefits tend to be both short and long-term.
• Improving governance: In addition to
providing substantive norms of environmental
protection, many MEAs improve environmental
governance, as well as generally promoting
transparency, participatory decision-making,
accountability and conflict resolution. Moreover,
MEAs often seek to avoid or limit resource-
driven conflicts by promoting equitable
arrangements – an example being access to
fresh water within an international watercourse
basin (such as the Sistan Wetlands).
• International political comity and respect:
Most MEAs address environmental and public
health challenges that are shared by multiple
nations. Many countries contribute to the
Multilateral Environmental Agreements:
 problem, and many suffer the consequences.
Although the problems could arise and
affect just one nation, sometimes the States
causing the harm are different from those
most affected. In most instances it is necessary
for the international community to unite to
find a solution to the challenge. Those States
who do not engage in a dialogue on the
problem in good faith – or who engage,
but do not undertake good faith efforts to
ratify, implement, and enforce the MEA – risk
international criticism. This can undermine the
State’s credibility and erode the willingness
of other States to take action on different,
unrelated matters such as trade, development,
security, or social issues. The United States’
failure to ratify the Kyoto Protocol to the Climate
Change Convention is an example in point.
• Solidarity: States may wish to become a
Party to an MEA to support other nations in
the environmental challenges they face. In
such instances, the particular goals of the
MEA might be noble, worthy and of great
importance to the other States (for example,
those in the same region), but may be of low
domestic priority to the signatory.
• Financial assistance: Often, a State needs to
be a Party to an MEA in order to access funding
from the MEA Secretariat, from multilateral
sources (such as GEF), and from certain bilateral
sources. Moreover, if a State is not complying with
an MEA it could jeopardise existing funding.
• Technical assistance and networking: In
addition to financial assistance, MEAs can also
facilitate technical assistance, for example
through technology transfer. Additionally,
MEA Secretariats often build capacity of
governmental authorities to implement the
MEA by fostering regional and global networks
through which members share experiences.
• Long-term economic benefits: Analysis by
the Organisation for Economic Cooperation
and Development (OECD), the World Bank
and others indicate that in most instances it
is economically preferable to develop within
the context of environmental regulation.
Otherwise, States may be forced to make large
expenditures to redress environmental and
A Handbook for Afghan Officials
MEAs are international written agreements signed into force by
representatives of various Governments.
public health consequences of environmental
neglect. Thus, while the priority of many States
may be for development, participation in
MEAs can enhance the long-term sustainability
of development initiatives. To the extent that
MEAs contribute to a State’s ability to address
environmental issues early on could actually
result in a cost-reduction in the long-term, since it
is often less expensive to prevent environmental
harm than to address that harm after the fact.
• Trade: In certain instances, MEAs contain
provisions that impose obligations on Parties
regarding trade with non-Parties. Both the
Montreal Protocol and CITES are examples of
MEAs containing provisions of this type.
• Facilitating changes in domestic
environmental law: While environmental
problems may be evident, a government or
parliament is sometimes reluctant to develop
the necessary laws and institutions to address
them. Environmental concerns are often viewed
as ‘secondary,’ or the State might not want to
put domestic businesses at a competitive
disadvantage. In this context, an MEA can
elevate the international importance of a
particular environmental problem, providing
additional political motivation domestically (as
well as internationally) to address the problem.
Moreover, the specific provisions of the MEA
can provide a common, basic framework for
the State to follow when developing measures
to address the problem. Such a common
framework could help to ameliorate concerns
of competitive disadvantage, and thereby
facilitate domestic legislative development.
15
3 Implementation of MEAs
This section will broadly outline the general
implementation requirements of MEAs, including
compliance and enforcement.
3.1 Overview
Governments and regional organisations have
taken on a series of international commitments by
signing and ratifying MEAs. Yet, purely adopting
an MEA is not sufficient. Efforts need to be made
to apply these norms and to employ practices that
result in environmental improvements.
Once a country becomes a Party to a multilateral
environmental agreement, it should commence
implementation and enforcement efforts. These
are of two broad types:
• Substantive: Moving toward employing
specific measures that improve the particular
environmental issue committed to in a
particular MEA (e.g. land degradation in terms
of UNCCD);
• Procedural: Meeting with the procedures
established by the MEA, such as reporting on
the status of national implementation (e.g.
development of the Third National Report
under CBD).
Often, the implementation of MEAs indicates that
States must approve specific types of national laws
and policies, as well as adapt certain national
institutions and adopt certain standards. It is in
this arena that implementation and compliance
factors come into play. These terms can be
defined as follows:
• Compliance: Means the fulfilment by the
contracting Parties of their obligations under
a MEA; and
• Enforcement: Means the range of procedures
and actions employed by a government to
ensure that organisations or persons, potentially
failing to comply with environmental laws or
regulations implementing MEAs, can be brought
or returned into compliance, or punished
through civil, administrative or criminal action.
16
3.2 Compliance with MEAs
Although negotiations leading to an MEA’s
adoption and the careful drafting of its provisions
are vital elements in ensuring its enforceability,
the ultimate responsibility for complying with
an MEA’s terms generally rests with the Parties.
Implementation at the national level is at the
core of an MEA’s effectiveness, and each Party
to an MEA is responsible for complying with the
obligations it imposes and for taking the necessary
measures to bring about that compliance.
There are a variety of measures and approaches a
government can take to ensure it meets its compliance
obligations under an MEA. These measures cover a
wide range of activities, from formal institutional and
legal review to public awareness campaigns. Further
examples are set out below:
• Compliance plans
These provide an overview of the compliance
requirements of a MEA (or group of MEAs),
as well as the development of appropriate
benchmarks.
• Implementing laws and regulations
The development of such laws and regulations
is among the most vital steps a Party will take
to comply with an MEA. Depending on its
governmental structure however, a State may
encounter difficulties in ensuring the necessary
laws are enacted. Moreover, some developing
countries (like Afghanistan) find it a challenge
to enact all the necessary legislation to
come into compliance with the different
MEAs to which they are a Party, due to limited
enforcement and technical capacity.
• National implementation plans
These are useful for mainstreaming an MEA’s
obligations into domestic legal, policy and
institutional frameworks, and usually identify
policies, programmes and plans in related
sectors through which specific measures may
need to be taken for the MEA to be effectively
implemented. For example, long-term national
development plans in various States (including
Iran), which articulate a national vision
for economic, social and environmental
developments now also highlight environmental
issues and MEA obligations too.
Multilateral Environmental Agreements:
 Checklist for Developing National Implementation Plans
In developing a National Implementation Plan for a specific MEA, Afghanistan may wish to:
• Identify the relevant governmental and non-governmental stakeholders with an interest in the MEA. These
stakeholders should include anyone who is either affected by, or is otherwise interested in the MEA or its
implementation.
• In a broad, participatory and transparent manner discuss the requirements of the MEA with the relevant
governmental agencies, ministries, authorities, as well as the relevant stakeholders – to decide what
measures may be necessary to implement it. All stakeholders should be engaged early on in the process
while options are still open, to identify and respond to potential challenges and to build broad ownership of
the final plan.
• Identify the requirements, obligations and rights of an MEA. These may be specific or general, mandatory or
advisory, and often include a combination of such requirements.
• Identify the resources available to assist in implementing the MEA. These could relate to legal, policy,
scientific, technical, educational, financial and other aspects of implementation. Personnel resources can
include local and foreign experts in government, the private sector, NGOs, universities, as well as experts
from international organisations. In particular, States should identify the types of assistance (financial,
technical, advisory, etc.) that may be available through the Secretariat, COP, or other MEA-based body. This
can include funding mechanisms and technology transfer, etc.
• Assess the likely impacts of the MEA on economic growth, development, investment and international trade.
• Assess the likely impacts of the MEA in catalysing or strengthening domestic (national and local)
environmental protection and management initiatives.
• Identify the existing national and sub-national legal, policy, and institutional frameworks that relate to the
MEA. In addition to the obvious frameworks, a particular MEA may well touch on other sectors, such as
transportation, energy, land use, industries, etc.
• Identify potential barriers to effective implementation. These may be legal, policy, or institutional, as well as
cultural, religious, or social.
• With reference to the potential barriers, identify potential mandatory (‘command-and-control’) and voluntary
(e.g. market-based) mechanisms that could facilitate implementation.

• Enforcement programmes and frameworks management and scientific authorities or

Governments establish enforcement
programmes to deter, punish and redress
violations. Deterrence is particularly important.
An effective enforcement programme can
help to create an atmosphere in which
people are stimulated to comply because the
government, through its various agencies, has
demonstrated a clear willingness and ability to
act when non-compliance is detected.
• Designation of national focal points
Parties to an MEA often designate one or more
focal points to be responsible for the MEA. There
are two types of focal points – political and
technical. The political focal point is usually
responsible for the international processes, such
as negotiating MEAs and participating in COPs.
Most States designate their Ministry of Foreign
Affairs (or a similar body) as the political focal
point. The technical focal point often bears
the responsibility for implementing the MEA at
a national level. Most States designate as the
head of the nation’s Environment Agency as
their technical focal point. Other government
agencies may also serve as focal points for
specific purposes under particular agreements.
Some Online Sources of MEA Focal points
• CBD Focal Points
http://www.biodiv.org/world/map.asp
• CITES Focal Points
http://www.cites.org/common/directy/e_directy.html
• Stockholm Convention on Persistent
Organic Pollutants (POPs)
http://www.pops.int/documents/focalpoints/
• UNCCD Focal Points
http://www.unccd.int/focalpoints/focalpoints.php
• UNFCCC Focal Points
http://unfccc.int/resource/nfp.html
• Coordinating and strengthening national
institutions
Coordination among departments and
agencies at different levels of government
can be undertaken when preparing and
implementing national plans and programmes
for implementation of MEAs. The institutions
concerned with the implementation of MEAs can

A Handbook for Afghan Officials 17

 be established or strengthened appropriately in
order to increase their capacity for enhancing
compliance. This can be done by strengthening
the enabling laws and regulations and by
establishing information and communication
networks, technical skills and scientific facilities.
• Involve stakeholders, local communities,
women and youth
Local communities, business and industry,
and NGOs can all play an important role
in promoting the implementation of an MEA
and they often have expertise that can
enhance the capacity of a State to meet
its obligations (such as offering training or
technical assistance). States that consult and
involve these ‘stakeholders’ in implementation
efforts have access to a greater range of
resources for promoting compliance.
• Utilise media tools and improve public
awareness
One of the most effective tools in promoting
compliance is public awareness, especially
through the news media. In an increasingly
globalised economy, information is one of the
most important tools that can be employed to
effect change, particularly where individual
purchasing and lifestyle decisions can drive
illegal markets or shape legal markets.
Accordingly, a raised public awareness can be
important for everything from trade in protected
species, ozone-depleting substances, making
lifestyle decisions with implications for climate
change, to planning decisions affecting
wetlands and habitats for migratory species.
COURTESY OF THE GLOBAL CLIMATE CAMPAIGN GALLERY
A Climate Change walkathon took place in Beirut on December 9, 2007.
18
• Capacity building and technology transfer
Developing countries, like Afghanistan, face
special challenges in meeting their obligations
under MEAs. Even with the best intentions, such
countries can fall short of full compliance
and enforcement due to insufficient financial
resources, a lack of scientific or technical
knowledge, an underdeveloped legal and
enforcement infrastructure, and other related
problems. Capacity building and technology
transfer are critical tools without which developing
countries will remain disadvantaged and
unable to reap the environmental, social and
economic benefits offered by full compliance
with MEAs. Capacity building assistance has
been made available to countries by a number
of international organisations, including: UNEP,
UNDP, UNIDO, the World Bank, FAO and UNICEF.
Recently, non-governmental bodies and some
advanced countries have also become active
in this sphere.
3.3 Enforcement of MEAs
Because environmental enforcement has its
foundation in action at the national level, States
can – and should – take into account the unique
nature of their legal system, as well as their culture
and institutional capacity in designing and
adopting enforcement measures. An effective
national environmental regime will require well-
developed laws and regulations, a sufficient
institutional framework, national coordination,
training to enhance enforcement capabilities, and
public environmental awareness and education.
An environmental regime can use many different
tools. For the purposes of this handbook, these tools
are classified into three broad groupings: legal,
economic, and voluntary tools. Each of these
groups are discussed in turn below.
• Legal Tools
Legal tools include codified laws, regulations,
procedures, policies, and other legal instruments.
In order to be effective in fostering compliance,
environmental requirements in laws need
to be enforceable. That is, they need to be
clear, feasible, offer sufficient sanctions, and
be implemented with adequate notice. By
considering enforceability throughout the process
of developing environmental requirements,
Multilateral Environmental Agreements:
 policymakers can help make the requirements
as effective as possible. Involvement of both
legal and technical staff is important in this
process. Broadly speaking, legal tools utilise
command-and-control approaches, responsive
regulation, and liability (discussed below). In
addition, legal tools can create an enabling
environment for economic tools – i.e. laws can
provide for green taxes, fees and subsidies.
– ‘Command-and-Control’ approaches:
Many laws follow a ‘command-and-control’
approach where the government prescribes
the desired changes through detailed
requirements and then promotes and
enforces compliance to these requirements.
In effect the State is saying, “Do this, don’t
do that.” Examples of such approaches
include technology-based standards, which
require an entity to use a particular type
of technology; and performance-based
standards, which leave the entity free to
choose the method of pollution reduction but
require a specific level of performance.
– Responsive Regulation: In contrast to a
command-and-control approach, respon-
sive regulation is a collaborative approach
to enforcement. In responsive regulation the
government works with the private sector
(including the regulated entities) and public
interest groups to develop standards. The col-
laborative process creates broader owner-
ship of the rules. This type of legal regulation
is more of a negotiated process between the
government and the regulated entity.
– Liability Approaches: Some statutes or
common law provisions make individuals
or businesses liable for any damage they
cause to another individual/business, or
their property. Liability approaches typically
establish who should be liable, for what
actions or impacts, the standard of liability
and types of damages, etc. Examples of
liability-based environmental management
systems include laws requiring compensation
for victims of environmental damage.
• Economic Tools
Economic or ‘market-based’ approaches use
market forces (and economic incentives and
A Handbook for Afghan Officials
disincentives) to achieve desired behaviour
changes. These approaches can be independent
of – or build upon and supplement – command-
and-control tools. For example, introducing
market forces into a command-and-control
approach can encourage greater pollution
prevention and more economic solutions to
problems. Market-based approaches include:
– Fee systems that tax emissions, effluents, and
other environmental releases. An example is
charging a higher import tax on goods that
have environmentally unfriendly technology
(such as fridges containing CFCs, known to be
a pollutant that damages the ozone layer).
– Subsidies such as the provision of government
funding to agricultural programmes that do
not use chemicals and pesticides.
• Voluntary Tools
Voluntary approaches encourage or assist, but
do not necessarily require change. Voluntary
approaches include public education, technical
assistance, and the promotion of environmental
leadership by industry and NGOs. Voluntary
approaches may also include co-management
of natural resources (e.g. lakes, natural areas, and
groundwater) to maintain environmental quality.
The specific context of the State and environmental
situation will be important in deciding the most ap-
propriate combination and role of the tools. General-
ly speaking, the ‘softer’ voluntary approaches often
supplement ‘harder’ compliance and enforcement
approaches. In practice, various approaches can
be used in tandem to implement MEAs. Command-
and-control approaches (through binding laws and
regulations) often provide a framework governing
a particular sector or matter. Voluntary and market-
based approaches often complement the com-
mand-and-control approaches by encouraging
the regulated community to not only comply with
the law, but also to go beyond compliance. Such
measures are often preferred by industry, as they
can offer more flexibility in terms of steps they take.
At the outset, it is important to note that develop-
ing, implementing and enforcing an environmental
regime is an evolving process. Governments rely on
imperfect and incomplete information. Over time the
regulated community develops more capacity to
comply with the standards, so more measures may
19

COURTESY OF IISD REPORTING SERVICES /
EARTH NEGOTIATIONS BULLETIN
Sadeequllah Ahmadzai (Afghanistan) supported Iran’s proposal for
climate change workshops in the Middle East and Asia, at the 22nd
Session of the Intergovernmental Panel on Climate Change (IPCC)
on the 10th November, 2004 in New Delhi, India.
be appropriate later in the process. Similarly, as the
regulatory and enforcement officials gain experience
they are more able to implement and enforce more
sophisticated regulatory regimes. At the same time,
certain measures may be overly restrictive for busi-
nesses, and other measures may achieve the same
environmental goals while imposing fewer burdens
on the government or the regulated community.
Accordingly, governments are encouraged to
adopt an approach of adaptive environmental
management with respect to environmental regimes.
In this approach, measures are viewed as provisional
and reviewed and revised periodically to account
for new information. Thus, a government may craft
an environmental enforcement programme, collect
information on the enforcement programme and
its effectiveness, and then revise the programme
in light of what is revealed. Such an approach is
necessarily iterative. This allows the government to
take certain measures, see what works and what
does not, and then improve the system. Adaptive
environmental management has been applied in
the contexts of ecosystem management, grasslands,
restoration projects, waterfowl, national parks and
other protected areas, rivers and development.
20
Given the number and range of environmental
management tools and approaches available to
a State, it can be difficult to know which ones are
appropriate and how they should relate to one
another. When deliberating the options, a State
may wish to consider the following:
• How much does each option cost (to the regulated
community, the government, etc.)?; and
• Which option is the most cost effective?
In some instances, economic or knowledge-based
approaches are preferred; in others, legal tools are
necessary. In reviewing the specific approaches,
a State should consider the following questions to
decide whether a particular approach is feasible
and desirable:
• What sorts of legal, institutional or cultural reforms
are necessary to make that approach work?
• Are the anticipated benefits worth the effort?
• Should the approach be implemented now, in
the future, or phased in over a period of time?
When determining whether certain market-based
approaches are appropriate or feasible, a State
should examine its particular context. Some
approaches may require significant institutional
developments or economic reform, particularly for
least developed countries, like Afghanistan.
Checklist for Establishing National
Environmental Regimes
Environmental regimes can entail a variety
of policies and approaches to promote their
effectiveness. These include:
• Legal tools – including command-and-control
approaches, responsive regulation and liability;
• Economic tools – including green taxes and
subsidies, and emissions trading;
• Voluntary tools – including information-based
tools, collaborative management approaches
and customary tools.
Multilateral Environmental Agreements:
4 Description of the MEAs
relevant to Afghanistan
This section will review each of the MEAs to which
Afghanistan is already a Party, and those to which it
intends to accede within the next five-year period.
The elements outlined include:
• All shortened name/s and acronyms by which
the MEA is also known;
• The dates of signature, ratification or
accession;
• National focal point/s (if applicable);
• Environmental problems that the MEA
addresses;
• A brief description of the MEA;
• Compliance mechanisms in force; and
• Implementation activities to date.

4.1 Convention on Biological Diversity

Short name/s Biodiversity Convention

of the MEA: CBD
UNCDB

Date of signature, Signed on 12 June 1992.

ratification/accession: Ratified on 19 September 2002.

National focal point: Eng. Hazrat Hussain Khaurin, Director of Forestry, MAIL.

Environmental Biological diversity – or biodiversity – is the term given to the variety of life on Earth and
problem that the MEA the natural patterns it forms. The biodiversity we see today is the fruit of billions of years
addresses: of evolution, shaped by natural processes and, increasingly, by the influence of humans. It
forms the web of life of which we are an integral part and upon which we so fully depend.

Biodiversity includes genetic differences within each species – for example, between
varieties of crops and breeds of livestock. Another aspect of biodiversity is the variety of
ecosystems such as those that occur in deserts, forests, wetlands, mountains, lakes, rivers,
and agricultural landscapes. Each ecosystem supports a living community of creatures
(including humans), interacting with one another and with the air, water and soil around them.

The loss of biodiversity often reduces the productivity of ecosystems, thereby shrinking
nature’s basket of goods and services, from which we constantly draw. It destabilises
ecosystems and weakens their ability to deal with natural disasters such as floods, droughts
and hurricanes, and with human-caused stresses, like pollution and climate change.
Already, we are spending huge sums in response to flood and storm damage exacerbated
by deforestation. Such damage is expected to increase as a result of global warming.

Brief description The Convention on Biological Diversity (CBD) entered into force on 29 December 1993.
of the MEA: Article 1 outlines the three objectives of the Convention: 1) The conservation of biological
diversity; 2) The sustainable use of its components; and 3) The fair and equitable sharing
of the benefits arising out of the utilization of genetic resources. The CBD promotes
inter-State cooperation for the conservation and sustainable use of biological diversity,
and especially of technical and scientific cooperation. This has facilitated many bilateral
and multilateral projects.

The CBD aims to achieve the conservation of biological diversity by: identifying and
monitoring of the components of biological diversity and of the processes and activities that
threaten those components; providing for in-situ and ex-situ conservation; and integrating the
conservation and sustainable use of biological resources into national decision-making.

Compliance The reporting provisions of the CBD are sparse. Article 26 calls upon Parties to report upon
mechanisms: their measures to implement the CBD and the effectiveness of those objectives. COP-2
(1995) decided that the first national reports should be delivered to COP-4 in 1998 and
adopted guidelines for the preparation of reports were adopted at COP-2. In addition to

A Handbook for Afghan Officials 21

 the reporting obligations, Article 7 provides that each Party must monitor the components
of biological diversity set out in Annex I for the purposes of in-situ and ex-situ
conservation.

The Convention established a clearing house mechanism (CHM) to ensure that all Parties
have access to the information and technologies required to implement the Convention. The
CHM was set up at COP-1 (1994) and is funded through the Convention’s regular budget
and through voluntary contributions. It promotes cooperation in six key areas: 1) Tools for
decision-making; 2) Training and capacity building; 3) Research; 4) Funding; 5) Technology
transfer; and 6) The repatriation of information. The CHM provides universal access to
Convention records, case studies, national and other reports, initiatives and programmes
and technical and scientific information. It also seeks to increase public awareness of the
Convention’s programmes and links experts to relevant work programmes.

In relation to funding, Article 20 states that each Party is to provide financial support
and incentives for national projects that implement the objectives of the Convention.
Developed Parties are also expected to provide additional funding to developing Parties
to enable the latter to implement the Convention. Developed Parties may provide funding
through regional, bilateral and multilateral channels. Article 21 provides for a mechanism
to provide financial resources on a grant or concessional basis to help developing Parties.

The CBD contains obligations on promoting and cooperating with respect to – research
and training; public education and awareness; information exchange; and access to
technical and scientific cooperation.

Overview of Enabling activities:

implementation • The NCSA and NAPA projects which focus on the three Rio Conventions, will be
activities until end completed in early 2008.
2007: • In April 2006, the Government of Afghanistan submitted to GEF its proposal for
funding in the amount of USD $395,000 for two biodiversity enabling activities. These
were the development of Afghanistan’s National Biodiversity Action Plan and Strategy
(NBSAP) which incorporates the decisions and work programmes of the Conference
of the Parties of the CBD; and the development of Afghanistan’s First and Second
National Reports for submission to the Secretariat of the CBD, through a process
of national consultation. The goal of these enabling activities is for Afghanistan to
better meet its immediate obligations under the Convention on Biological Diversity,
especially in relation to Article 6: General Measures for Conservation and Sustainable
Use, and Article 26: Reports.
• In June 2006, the government submitted a second proposal for funding to GEF.
The proposal was in the amount of USD $20,000 that is required for the purpose of
preparing Afghanistan’s Third National Report on Biological Diversity. This report was
prepared by the government, with the assistance of UNEP, and was submitted to,
and accepted by, the Secretariat in April 2007.

Legislation:
Afghanistan’s Environment Law was approved by the Parliament in early 2007. The
Act creates the regulatory framework to implement a number of CBD obligations,
including Article 8(g): Regulating living modified organisms, Article 8(k): Develop
endangered species legislation, Article 8(l): Regulate activities having adverse effects
on components of biodiversity, Article 14(1)(a): Introduce procedures for environmental
impact assessment of projects, and Article 15: Set up a system of prior informed
consent for use of genetic resources. The Act also obliges the government to develop
its NBSAP within two years of the date of promulgation of the Act (Article 6).

Furthermore, a number of donor-funded CBD relevant projects are being implemented in

Afghanistan (by UNEP, WCS, ICIMOD, UNOPS and others).

22 Multilateral Environmental Agreements:

4.2 United Nations Convention to Combat Desertification in those Countries
Experiencing Serious Drought and/or Desertification, Particularly in Africa

Short name/s Desertification Convention

of the MEA: UNCCD

Date of signature, Signed on 1 November 1995.

ratification/accession: Ratified on 19 September 2002.

National focal point: Ghulam Mustafa Jawad, Deputy Minister: Technical, MAIL

Environmental problem Desertification is the degradation of land in arid, semi-arid and dry sub-humid areas.
that the MEA addresses: It is caused primarily by human activities and climatic variations. Desertification does
not refer to the expansion of existing deserts. It occurs because dry land ecosystems,
which cover over one third of the world’s land area, are extremely vulnerable to
overexploitation and inappropriate land use. Poverty, political instability, deforestation,
overgrazing and bad irrigation practices can all undermine the productivity of the land.

Over 250 million people are directly affected by desertification, and about one billion
people in over one hundred countries are at risk. These people include many of
the world’s poorest, most marginalized and politically weak citizens. Combating
desertification is essential to ensuring the long-term productivity of inhabited dry lands.
Unfortunately, past efforts have too often failed, and around the world the problem of
land degradation continues to worsen.

Brief description UNCCD entered into force on 26 December 1996. The objective of the Convention is
of the MEA: to promote an integrated approach to combating desertification and to mitigate the
effects of serious drought and/or desertification through effective actions at all levels,
supported by international cooperation and partnership arrangements. The Convention
distinguishes between affected developing Parties and developed Parties. Article 5
requires affected developing Parties to give due priority to combating desertification,
establish strategies within the framework of sustainable development plans, address
the underlying causes of desertification, promote awareness of the problem and
strengthen relevant existing legislation. Article 6 requires developed Parties to actively
support the efforts of affected developing Parties to combat desertification by
providing financial assistance and mobilising funding.

There are five annexes to the Convention dealing with the implementation of the
Convention in five regions affected by desertification: (I) Africa; (II) Asia; (III) Latin
America and the Caribbean; (IV) Northern Mediterranean; and (V) Central and Eastern
Europe. The African Annex is the most detailed and contains provisions for financial
mechanisms and resources, coordination, partnership and follow-up arrangements.

Compliance mechanisms: Article 9 of the UNCCD requires affected developing Parties and Parties that are
members of Regional Implementation Annexes to prepare National Action Programmes
(NAPs) in order to identify the factors contributing to desertification in their countries
and to describe practical measures to combat them. In addition, Parties must
communicate to the COP at its ordinary session reports on implementation measures.
Affected developing Parties must provide reports of strategies developed pursuant to
Article 5 and their NAPs.

Developed Parties must provide information on the measures undertaken to assist

in the preparation and implementation of Action Programmes, including information
on financial resources they have provided. Under Article 27, the COP is empowered
to consider and adopt procedures and institutional mechanisms to resolve issues
regarding implementation.

Numerous articles provide for technical cooperation between Parties.

Article 6(e) requires developed Parties to promote and facilitate access by affected
Parties to appropriate technology, knowledge and know-how in combating
desertification. In relation to financial assistance, Article 4.2(h) provides that in pursuing

A Handbook for Afghan Officials 23

 the objectives of the Convention, the Parties will promote the use of existing bilateral
and multilateral financial mechanisms and arrangements that mobilise and channel
substantial financial resources to affected developing Parties. While all Parties
must make every effort to ensure that adequate financial resources are available for
programmes to combat desertification, the financial burden to provide, seek out and
mobilize funding is the responsibility of the developed Parties.

Overview of The NCSA and NAPA projects, which focus on the three Rio Conventions, will be
implementation activities completed in early 2008. One of the technical components is desertification.
until end 2007:
Technical reports have been submitted to UNCCD technical meetings.

Through UNDP, and with USD $50,000 of GEF funding, a medium-sized project
proposal for sustainable land management was submitted to GEF in 2006. The outputs
of this project include:
• Development of the National Action Plan (NAP),
• Institutional and capacity development.

4.3 United Nations Framework Convention on Climate Change

Short name/s Climate Change Convention

of the MEA: UNFCCC

Date of signature, Signed on 12 June 1992.

ratification/accession: Ratified on 19 September 2002.

National focal point: No official designated focal point. Unofficially, NEPA assumes this role.

Environmental problem The average temperature of the Earth’s surface has risen by 0.6 degrees Celsius in
that the the last century. It is expected to increase by another 1.4 to 5.8 degrees during this
MEA addresses: century, which is a rapid and profound change. Even if the minimum predicted increase
takes place, it will be larger than any century-long trend in the last 10,000 years. The
principle causes for global warming are: 150 years of industrialisation, the burning of
ever-greater quantities of fossil fuels (oil, petrol, diesel and coal), the cutting of forests,
and the practice of certain unsustainable farming methods.

The current warming trend is expected to cause extinctions. Numerous plant and
animal species, already weakened by pollution and loss of habitat, are not expected to
survive the next 100 years. Human beings, while not threatened in this way, are likely
to face mounting difficulties. For example, recent severe storms, floods, and droughts
appear to show that computer models predicting more frequent ‘extreme weather
events’ are correct. The average sea level rose by 10 to 20cm during the 20th Century,
and an additional increase of 10 to 90cm is expected this century (higher temperatures
cause ocean volume to expand, and melting glaciers and ice caps add more water). If
the higher end of that scale is reached, the sea could overflow the heavily populated
coastlines of countries such as Bangladesh; cause the disappearance of some
countries entirely (such as the island state of the Maldives); foul the freshwater supplies
for billions of people; and cause mass migrations. Agricultural yields are expected to
drop in most tropical and sub-tropical regions. Drying of continental interiors, such as
central Asia, is also forecast. These changes could cause, at a minimum, disruptions in
land use and food supply. And the range of diseases, such as malaria, may expand.

Brief description UNFCCC entered into force on 21 March 1994. It aims to achieve stabilisation of
of the MEA: greenhouse gas concentrations in the atmosphere at a level that would prevent
dangerous anthropogenic interference with the climate system. Such a stabilisation
level should be achieved ‘within a time-frame sufficient to allow ecosystems to adapt
naturally to climate change, ensure food production is not threatened and to enable
economic development to proceed in a sustainable manner.’

24 Multilateral Environmental Agreements:

 All Parties have general obligations to develop domestic and, if possible, regional
programmes and measures to mitigate climate change; promote and cooperate in
the development, application and diffusion of technologies, practices and processes
that control, reduce or prevent anthropogenic emissions of greenhouse gases outside
the scope of the Montreal Protocol; promote conservation and enhancement of sinks
and reservoirs of all greenhouses gases outside the scope of the Montreal Protocol;
cooperate in preparing for adaptation to climate change; and promote scientific and
technical cooperation. Developed countries are required to lead climate change mitigation
by adopting policies and measures limiting anthropogenic greenhouse gas emissions.
Under Article 4.2, these policies and measures should ‘recognise’ that, a return to ‘earlier
emission levels’ by the year 2000 would ‘contribute’ to modification of longer-term climate
change trends. The year 2000 passed without any Party achieving the Convention’s
stated aim. However, the Parties were to ‘review the adequacy’ of the aim under Article
4.2 at their first Conference. The result of that review was the 1997 Kyoto Protocol.

The guiding legal principles for implementation are set out in Article 3 and include:
intergenerational equity; common but differentiated responsibility between developed
and developing countries; the precautionary principle; sustainable development; and
an open international economic system. Of these principles, the most clearly reflected
in the UNFCCC text is differentiated responsibility. Differentiated responsibilities for
developed Parties are specified in two matters. Special obligations are imposed upon
them to: (1) Adopt ‘policies and measures’ to reduce their greenhouse gas emissions
under Article 4.2; and (2) Provide ‘new and additional financial resources’ to developing
Parties under Article 4.3. Annex I contains a list of the developed countries that includes
most ‘western’ countries and ex-Soviet bloc countries. Annex II lists from among those
Annex I Parties only the ‘western’ countries that are obliged to provide financial and
technological assistance. Afghanistan is classified as a ‘non-Annex 1’ Party.

Compliance mechanisms: Article 12 requires all Parties to submit: A national inventory of anthropogenic emissions
by sources and removals by sinks of all greenhouse gases (but not controlled by the
Montreal Protocol) using agreed methodologies; a general description of their steps
to implement the aims of the Convention; and any other relevant information. This
obligation falls upon both developed and developing country Parties but, as indicated
below, the former are to assist the latter to meet their inventory obligations. Developed
country Parties must also provide a detailed description of policies and measures that
they have adopted to implement their commitment under Article 4.2.

Least developed countries (LDCs) submit National Adaptation Programmes of Action on

their needs and priorities for adaptation. Article 4.9 recognised the specific needs and
special situations of the LDCs with regard to funding and transfer of technology. That
decision established an LDC work programme that included the development of NAPAs.
Decision 28, COP-7 sets out the guidelines while decision 29, COP-7 establishes an LDC
Expert Group to provide guidance and advice on the preparation and implementation
of NAPAs. At COP-7, and as a part of the Marrakech Accords, the Parties agreed to
work together on a set of technology transfer activities. These activities have five main
themes – technology needs and needs assessments; technology information; enabling
environments; capacity building; and mechanisms for technology transfer.

The Marrakech Accords also provide for the establishment of an Expert Group
on Technology Transfer to facilitate and advance technology transfer activities.
Furthermore, the Secretariat has developed a clearing house mechanism to
facilitate the flow of, and access to, information on developing and transferring
safe technologies. Developed Parties, specifically those listed in Annex II, must
additionally provide ‘new and additional financial resources’ to developing countries
to meet the full implementation costs of the Convention. These concern inventories
and any voluntary measures the developing countries take towards mitigation of the
greenhouse gas emissions. They must also take all practicable steps to promote,
facilitate and finance – as appropriate – the transfer of, or access to, environmentally
sound technologies and know-how to other Parties, particularly to developing
countries to enable them to implement the provisions of the Convention.

A Handbook for Afghan Officials 25

 Article 11 of the Convention establishes a financial mechanism for the provision of
financial resources to developing countries on a grant or concessional basis, including
the transfer of technology. The operations of the financial mechanism are entrusted
to the COP to develop. The provision also states that developed Parties may also
provide – and developing country Parties may avail themselves of – financial resources
related to the implementation of the Convention through bilateral, regional and other
multilateral channels. COP-4 designated the GEF as an operating entity of the financial
mechanism on an ongoing basis.

Overview of • The NCSA and NAPA projects, which focus on the three Rio Conventions, will
implementation activities complete in early 2008. The NAPA project in particular focuses on assessing
until end 2007: vulnerability to climate change and outlining appropriate adaptation mechanisms.

• Preliminary greenhouse gas (GHG) inventory and mitigation options assessment

undertaken in the Afghanistan Post-Conflict Environmental Assessment study. This
was undertaken by UNEP, based on limited 2002 data.

• Baseline air emission inventory for point, area and mobile sources of emissions
through dispersion modelling for identification and prioritisation of sources
and recommended appropriate control measures. Undertaken by the Asian
Development Bank in 2006.

• With support from UNDP (and other agencies), the possibilities of acceding to
the Kyoto Protocol and implementing the Clean Development Mechanism in
Afghanistan have been investigated.

4.4 Convention on International Trade in Endangered Species of Fauna and Flora

Short name of the MEA: CITES

Date of signature, Signed on 30 October 1985.

ratification/accession: Ratified on 28 January 1986.

National focal point: The Natural Resources Division of MAIL is the interim Management Authority. A
scientific authority is yet to be established.

Environmental problem International wildlife trade is estimated to be worth billions of dollars annually, and
that the MEA addresses: includes hundreds of millions of plant and animal species. The trade is diverse, ranging
from live animals and plants, to a vast array of products derived from them – including:
food products, exotic leather goods, wooden musical instruments, timber, tourist curios
and medicine. Exploitation levels of some wildlife species are high and the trade in
them (together with other factors such as habitat loss) is capable of heavily depleting
their populations and even bringing some species close to extinction. Many traded
wildlife species are not endangered, but the existence of an agreement to ensure the
sustainability of the trade is important to safeguard these resources for the future.
Because the trade in wild animals and plants crosses the borders between different
countries, the efforts to regulate it requires international cooperation to safeguard certain
species from overexploitation. CITES was conceived in the spirit of such cooperation.
Today, it accords varying degrees of protection to more than 30,000 species of animals
and plants, whether they are traded as live specimens, fur coats or dried herbs.

Brief description CITES entered into force on 1 July 1975. It established a permit system to control
of the MEA: imports and exports of wild fauna and flora. CITES lists controlled flora and fauna
in three appendices. Appendix I covers all species threatened with extinction that
are, or may be, affected by trade. Commercial trade in these species is essentially
banned and can only be authorised in exceptional circumstances. Appendix II covers
species that are not currently threatened with extinction, but could become so unless
trade is controlled under the Convention. Appendix III covers species that any Party
has identified as being subject to national regulation for the purpose of preventing or
restricting exploitation, and as such, require the cooperation of other Parties to control

26 Multilateral Environmental Agreements:

 the trade. Parties are required to establish national Scientific Authorities to advise
on the endangered status of native species of flora and fauna, and a Management
Authority to regulate their trade.

Compliance mechanisms: Pursuant to Article VI.6, each Party must maintain records of trade in species listed
in Appendices I, II and III, which cover: The names and addresses of exporters and
importers; the number and type of permits and certificates granted; the States with
which such trade occurs; the numbers or quantities and types of specimens; names of
species as included in Appendices I, II and III; and, where applicable, the size and sex
of the specimens in question.

In addition, Parties must prepare:

• Periodic reports on their implementation of the Convention;
• Annual reports containing a summary of the information specified in Article VIII,
which must be transmitted to the Secretariat; and
• Biennial reports on legislative, regulatory and administrative measures taken to
enforce the provisions of the Convention.
Annual reports must be submitted by 31 October for the previous trade year, although
extensions are available on written request. The requirement for biennial reporting has
been largely unimplemented, although at COP-11 (2000) Parties were called upon to
comply. Resolution 11.17 consolidates all reporting resolutions and decisions.

The Scientific Authority of each Party has obligations to monitor the export permits
granted by the State for Appendix II specimens and the actual exports of such
specimens. Additionally, the Parties, NGOs (such as the TRAFFIC Network), and
international bodies (such as the World Customs Organisation and Interpol), perform
monitoring functions and report infractions to the Secretariat. TRAFFIC is an
international wildlife trade-monitoring network, founded in 1976 as a joint programme
between the WWF and IUCN – The World Conservation Union. It works cooperatively
with the CITES Secretariat in implementing the Convention, and its mission is to ensure
that wildlife trade does not threaten nature conservation. The Secretariat also conducts
ad hoc verification missions to assess a Party’s compliance with the Convention.

Under Article VXIII, if the Secretariat is satisfied that any species in Appendices I or II is
being adversely affected or that the Convention is not being effectively implemented it
will communicate this issue to the relevant Party’s Management Authority. The Party must
propose remedial action. CITES has no funding mechanism to facilitate compliance.

Overview of CITES has been incorporated into the framework Environment Law, which was
implementation activities enacted in January 2007. However, implementing regulations are still required, which
until end 2007: are currently in development.

WCS intends to work with MAIL to develop a comprehensive CITES programme.

However, as this stage CITES implementation is largely restricted to reactive measures,
such as responding to correspondence from the Secretariat.

4.5 Vienna Convention for the Protection of the Ozone Layer

Short name of the MEA: Vienna Convention (see also Montreal Protocol below)

Date of signature, Acceded to on 17 June 2004

ratification/accession:
National focal point: National Ozone Unit (NOU), NEPA

Environmental problem Ozone is a very small part of our atmosphere, but its presence is nevertheless vital
that the MEA addresses: to human well-being. Most ozone is found in the upper part of the atmosphere. This
region, called the stratosphere, is more than 10 kilometers (6 miles) above Earth’s
surface. There, about 90% of atmospheric ozone is contained in the ‘ozone layer,’
which shields us from harmful ultraviolet radiation from the Sun. However, it was

A Handbook for Afghan Officials 27

 discovered in the mid-1970s that some human-produced chemicals could destroy
ozone and deplete the ozone layer. The resulting increase in ultraviolet radiation at
the Earth’s surface may increase the incidences of skin cancer and eye cataracts.
Following the discovery of this environmental issue, researchers focused on better
understanding this threat to the ozone layer. Monitoring stations showed that the
abundances of the ozone-depleting chemicals were steadily increasing in the
atmosphere. These trends were linked to growing production and use of chemicals like
chlorofluorocarbons (CFCs) for refrigeration and air conditioning, foam blowing, and
industrial cleaning. Both the atmosphere and laboratory measurements characterized
the chemical reactions that were involved in ozone destruction. Computer models
employing this information predicted how much ozone depletion was occurring, and
how much more could occur in the future. Observations of the ozone layer showed
surprising results – the most severe loss was recurring in springtime over Antarctica.
The loss in this region is commonly called the ‘ozone hole’ because the ozone
depletion is so large and localized.
Brief description The Vienna Convention entered into force on 22 September 1988. Parties are obliged
of the MEA: to take measures to protect both human health and the environment, against adverse
effects likely to result from human activities that modify the ozone layer. There are no
targets or timetables for action. Instead, there is an outline of general obligations on
the Parties, which focus on obligations to undertake research on the ozone layer, in
particular on the effects of human activities on the ozone layer and how these may be
addressed. It establishes a framework for future international legal measures to protect
the ozone layer by providing for future protocols.
Compliance mechanisms: Parties must transmit to the COP information on the measures adopted by them in the
implementation of the Convention and of protocols to which they are Party. COP-1
(1989) decided that each Party shall submit these reports every two years and should
include the socio-economic and commercial information on the substances referred to
in Annex I and directed the Secretariat to prepare a format for reporting.

Under Article 4, Parties must facilitate and encourage the exchange of scientific,
technical, socio-economic, commercial and legal information, which is elaborated in
Annex II. Annex II, paragraph 1 states that Parties recognise that the collection and
sharing of information is an important means of implementing the Convention and
that Parties must therefore exchange scientific, technical, socio-economic, business,
commercial and legal information. Annex II paragraphs 3 to 6 elaborate on the type of
scientific, technical, socio-economic and legal information to be provided. Parties must
cooperate in promoting the development and transfer of technology and knowledge,
particularly though: Facilitation of the acquisition of alternative technologies by other
Parties; provision of information on alternative technologies and equipment; supplying
necessary equipment and facilities for research and systematic observations; and
appropriate training of scientific and technical personnel.

COP-1 (1989) established a Trust Fund (later to become the ‘Multilateral Fund’) and
Parties were invited to make voluntary contributions. The Parties agreed to cooperate
to enhance the capabilities of developing countries to contribute to ozone science
research through the organisation of workshops and the identification of appropriate
institutions for scientific and financial assistance.

4.6 Montreal Protocol on Substances that Deplete the Ozone Layer

Short name of the MEA: Montreal Protocol

Date of signature, Acceded to on 17 June 2004

ratification/accession
National focal point: National Ozone Unit (NOU), NEPA

Environmental problem See 4.5 above.

that the MEA addresses:

28 Multilateral Environmental Agreements:

 Brief description The Montreal Protocol entered into force on 1 January 1989. The Protocol lists
of the MEA: controlled substances in Annexes: A (CFCs and Halons); B (Other halogenated
CFCs, carbon tetrachloride and methyl chloroform); C (Hydrochloroflurocarbons and
Hydrobromoflurocarbons); and E (Methyl bromide). Annex D contains a list of products
containing controlled substances specified in Annex A. Articles 2A to 2I set out the
targets that Parties must achieve with respect to each of these controlled substances
and the period of time within which the targets must be met. Developing Parties are
given a grace period, allowing a delay of 10 years before being required to take steps
to meet these targets. Article 4 bans the import of the controlled substances listed in
the Annexes with non-Parties. However, Article 4B requires each Party to establish and
implement a licensing system for the import and export of new, used, recycled and
reclaimed controlled substances in the Annexes, by 1 January 2000 (or within three
months of the date of entry into force of the Article for it, whichever is the later). Article
4A provides that where a Party is unable, despite having taken all practicable steps
to comply with its obligations under the Protocol, to cease production of a controlled
substance for domestic consumption by its specified phase-out date (other than for
uses agreed by the Parties to be essential), it must ban the export of used, recycled
and reclaimed quantities of that substance, unless it is being exported for the purpose
of destruction.
Compliance mechanisms: Each Party must provide statistical data to the Secretariat on its annual production of
each of the controlled substances. Data must also be provided on amounts of each
substance used for feed stocks, destroyed by technologies approved by the Parties,
or imported from and exported to Parties and non-Parties for the year during which
provisions concerning the substances entered into force for that Party, and then for
each year thereafter. Parties must provide statistical data on the annual imports and
exports of each of the controlled substances in Group II of Annex A and Group I of
Annex C that have been recycled. As well as the annual reports, Parties must submit
to the Secretariat every two years a summary of the research, development, public
awareness and exchange of information activities that they have undertaken pursuant
to Article 9. The Montreal Protocol was the first MEA to design a non-compliance
procedure. Under Article 8, Parties were obliged to consider and approve procedures
and institutional mechanisms for determining non-compliance.

Article 9 states that the Parties shall cooperate in promoting research, development
and the exchange of information on: Best technologies for improving the containment,
recovery, recycling or destruction of controlled substances or reducing their
emissions; possible alternatives to controlled substances, to products containing such
substances and to products manufactured with them; and the costs and benefits of
relevant control strategies. Parties must also cooperate in promoting public awareness
of the environmental effects of the emissions of controlled substances.

At MOP-1 (1989), the Parties agreed to consider at MOP-2 (1990) the development of a
programme which would include workshops, demonstration projects, training courses,
the exchange of experts and the provision of consultants on control options, taking
into account the special needs of developing countries as well as the exploration of
ways to promote the exchange and transfer of environmentally sound substitutes and
alternative technologies.

This issue was primarily addressed through the amendment of Article 10. Amended
Article 10 establishes a financial mechanism. It requires that Parties shall establish
a mechanism for the purposes of financial and technical cooperation – including
the transfer of technologies – to enable developing Parties to comply with control
measures. This financial mechanism includes a Multilateral Fund to finance (among
other things): Clearing-house functions to facilitate technical cooperation, distribute
information, hold workshops and training sessions and facilitate and monitor other
multilateral, regional and bilateral cooperation for developing Parties. The Multilateral
Fund is financed by developed Parties and controlled by its own Executive Committee,
which is elected on a geographically representative basis by the MOP. It works
in cooperation and with the assistance of the World Bank, UNEP, UNDP or other
appropriate agencies.

A Handbook for Afghan Officials 29

 The Montreal Protocol was the first MEA to incorporate multilaterally determined
penalties into its range of non-compliance responses. Under the non-compliance
procedure the MOP can issue warnings – although this has happened only once.
The power to suspend rights and privileges includes those concerning production,
consumption, trade, transfer of technology, and assistance for industrial rationalisation,
financial mechanism and institutional arrangements. The suspension of rights has
never been exercised.

Overview of Institutional Strengthening Project for the Establishment of National Ozone Unit Phase-
implementation activities out of CFCs under the Montreal Protocol (Montreal Protocol Multilateral Fund: USD
until end 2007: $200,000 through UNEP. Project duration: October 2004 - September 2008).

Development of a Refrigerant Management Plan (RMP), which was approved by the

Executive Committee of the Multilateral Fund in April 2005. The RMP is composed
of three components: (a) Preparation on ozone regulations for control of ODS. This
aims to provide support to the Government in the development of relevant ODS
regulations to facilitate ODS phase-out, including licensing system, quota system,
registration system and bans, which will supplement the existing controls on imports
and exports; (b) Monitoring of implementation of RMP activities, which aims to monitor
and supervise the activities for ODS phase-out in the refrigeration and air conditioning
sector; and (c) Establishing Conversion Practice of Domestic Refrigerators. This aims
to provide technical assistance and inputs to the refrigeration service technicians to
achieve reduction in the consumption of CFC-12 in domestic refrigerators, through
retrofitting the equipment by using hydrocarbon blends or HFCs. The first two
components will be implemented through UNEP, while United Nations Industrial
Development Organisation (UNIDO) through GTZ will implement the last component.

4.7 Convention on the Conservation of Migratory Species of Wild Animals

Short name of the MEA: Convention on Migratory Species

CMS

Date of signature, Not yet a Party. Accession process is underway.

ratification/accession:
National focal point: To be determined.

Environmental problem Of the world’s 1.5 million described animal species, an estimated 8-10,000 migrate.
that the MEA addresses: They range from antelopes to fish, whales to elephants, and bats to birds. Even
apparently frail insects, such as the Monarch butterfly, cover enormous distances.
Migratory animals are essential components of the ecosystems that support all life
on Earth. By acting as pollinators and seed distributors they contribute to ecosystem
structure and function. They provide food for other animals and regulate the number
of species in ecosystems. Migratory animals are also potentially effective indicators
of environmental changes that affect us all. In local and global economies, migratory
animals play an important role through subsistence and by providing food and income
through recreational and commercial hunting and fishing activities. More recently they
have become prime attractions for eco-tourists, such as bird and whale watchers.
In addition, migratory species have a great significance in many cultures – through
legend, stories, religious views, medicine and customary uses. They play a major role
even in the way we measure time and experience seasons. Nowadays humans also
benefit from them for recreational activities and educational purposes.

Human pressure is often intense on migratory animals and on the places they need
to survive – their habitats. Unsustainable hunting and fishing practices as well as
incidental capture in fisheries take a heavy toll on thousands of animals. Destruction
of wetlands, forests and grasslands removes food and shelter vital to life. Barriers to
migration such as dams, fences, power lines and wind farms can disrupt migratory
patterns and result in significant mortality. The introduction of alien species and the
harmful effects of industrial and agricultural pollutants are further risks. The potentially

30 Multilateral Environmental Agreements:

 huge impact of climate change is just starting to be understood, but is foreseen to
disrupt migratory patterns. Birds also face the danger of electrocution, injuries or
death caused by electricity transmission lines and towers. As a result, many migratory
animals are becoming increasingly rare. A great many are threatened with extinction.

Brief description CMS entered into force on 1 November 1983. It aims to conserve and manage
of the MEA: migratory species of wild animals through the action of Range States, i.e. those
States exercising jurisdiction within the range of any such species. Under Article II,
Parties are encouraged to promote, cooperate with and support research relating
to migratory species as well as providing immediate protection to the endangered
migratory species listed in Appendix I. Parties are also encouraged to conclude
agreements with other Range States for the conservation and management of species
having unfavourable conservation status listed in Appendix II. One of the Secretariat’s
functions is to promote, under the Conference of the Parties, the conclusion of
such Agreements (such as the Siberian Crane Agreement to which Afghanistan is
a signatory). The Scientific Council may recommend the Conference of the Parties
(i) conservation and management measures to be included in Agreements; and (ii)
scientific solutions to problems relating to migratory species habitats.

Compliance mechanisms: Parties have an obligation to report on their implementation efforts to conserve those
migratory species listed in Appendices I and II, that pass through their jurisdiction.
They must also must monitor such migratory species and keep the Secretariat
informed of the species’ status. Resolution 6.5 recommended that the format of
national reports be simplified and the content be standardised to encourage Parties
to provide information that directly relates to the implementation of the CMS Strategic
Plan. Parties were encouraged to trial this new reporting format for COP-7 (2002). At
COP-7, Resolution 7.8 commended the new reporting format and recommended that
the final version be sent to the Standing Committee for approval and adoption at its
26th meeting. The new reporting format requires performance review information with
respect to how Parties are implementing the Strategic Plan.

Article V sets out criteria for the substance of regional Agreements negotiated
under the auspices of Article IV. Such Agreements should establish the appropriate
machinery to monitor their effectiveness and reporting obligations.

The CMS and the COP do not specify any non-compliance procedures. However,
the Standing Committee, established by Resolution 1.1 (mainly for inter-sessional
implementation review and guidance to the Secretariat on policy and budgetary matters),
has a regional representation. That gives a possibility of dealing with non-compliance,
e.g. through proposals to the Conference for the improvement of rules of procedures.

Workshops have been held to assist Parties in complying with their monitoring
obligations. UNEP-WCMC provides the Secretariat and administers the Convention’s
Trust Fund. A new fundraising strategy was launched at COP-8 (2005). It is
expected that the new association called ‘Friends of CMS’ will play a key role for its
implementation and the enforcement of the CMS partnership.

Overview of Afghanistan is not yet a Party to the Convention. However it is already a signatory
implementation activities to the Memorandum of Understanding concerning the conservation of the Siberian
until end 2007: Crane.

4.8 Ramsar Convention on Wetlands of International Importance

Especially as Waterfowl Habitat

Short name of the MEA: Ramsar Convention

Date of signature, Not yet a Party. Accession process is underway.

ratification/accession:
National focal point: To be determined.

A Handbook for Afghan Officials 31

 Environmental problem Wetlands are among the world’s most productive environments. They are cradles of
that the MEA addresses: biological diversity, providing the water and primary productivity upon which countless
species of plants and animals depend for survival. They support high concentrations
of birds, mammals, reptiles, amphibians, fish and invertebrate species. Of the 20,000
species of fish in the world, more than 40% live in fresh water. Wetlands are also
important storehouses of plant genetic material. Rice, for example, which is a common
wetland plant, is the staple diet of more than half of humanity.

The interactions of physical, biological and chemical components of a wetland, such

as soils, water, plants and animals, enable the wetland to perform many vital functions.
These include: water storage; storm protection and flood mitigation; shoreline
stabilization and erosion control; groundwater recharge (the movement of water
from the wetland down into the underground aquifer); groundwater discharge (the
movement of water upward to become surface water in a wetland); water purification
through retention of nutrients, sediments, and pollutants; and stabilization of local
climate conditions, particularly rainfall and temperature.

Wetlands provide tremendous economic benefits. For example: water supply (quantity
and quality); fisheries (over two thirds of the world’s fish harvest is linked to the health
of coastal and inland wetland areas); agriculture, through the maintenance of water
tables and nutrient retention in floodplains; timber production; energy resources, such
as peat and plant matter; wildlife resources; transport; and recreation and tourism
opportunities. In addition, wetlands have special attributes as part of the cultural
heritage of humanity – they are related to religious and cosmological beliefs, constitute
a source of aesthetic inspiration, provide wildlife sanctuaries, and form the basis of
important local traditions.

These functions, values and attributes can only be maintained if the ecological
processes of wetlands are allowed to continue functioning. Unfortunately, and in spite
of important progress made in recent decades, wetlands continue to be among the
world’s most threatened ecosystems, mainly due to ongoing drainage, conversion,
pollution, and over-exploitation of their resources.

Brief description The Ramsar Convention entered into force on 21 December 1975. It provides that
of the MEA: Parties must designate at least one wetland to be included in the ‘List of Wetlands
of International Importance’, which should be selected according to its international
significance in terms of ecology, botany, zoology, limnology or hydrology. Parties have a
duty to promote the conservation of listed wetlands. However, Parties are also obliged to
promote the conservation of wetlands and waterfowl by establishing nature reserves on
wetlands regardless of whether those wetlands are included on ‘The Ramsar List’ or not.

Compliance mechanisms: National Reports on the implementation of the Convention were presented at COP-
1 (1980) at the invitation of the Bureau. COP-2 (1984) recommended that all Parties
submit reports to the Bureau six months prior to each ordinary COP meeting.
The Ramsar Bureau also conducts on-site monitoring to review implementation.
The wetlands inventory program supplements performance review information. In
Resolution VII.20, the Parties recognised the importance of developing a national
inventory of wetlands. The resolution urged Parties to give the highest priority to the
task of completing a comprehensive wetland inventory. The Framework for Wetland
Inventory was developed in response to Resolution VII.20 to provide guidance
ondeveloping a wetland inventory program and in conducting associated identification,
monitoring and implementation activities.

The Montreux Record was established at COP-4 (1990) and formalised at COP 5
(1993). The Record focuses attention on threatened Ramsar sites listed on the ‘Record
of Ramsar sites where changes in ecological character have occurred are occurring or
are likely to occur.’ It is coupled with a Monitoring Procedure that allows the Bureau
to consult with a Party when it comes to the Bureau’s attention that a Ramsar-listed
site within that Party’s jurisdiction is likely to be degraded due to anthropogenic
interference. The Bureau can invite the Party concerned to submit additional reports,
monitor the site, negotiate a solution and it may bring the matter to the attention of the

32 Multilateral Environmental Agreements:

 Standing Committee, which can bring the issue to the COP. Technical assistance may
also be provided.

Parties must encourage research and the exchange of information and promote
training regarding wetlands. The Convention also stipulates that Parties must consult
with other Parties about the implementation of the Convention, especially with regard
to trans-frontier wetlands, shared water systems, shared species and development
projects affecting wetlands. Guidelines have been produced for the implementation of
the wise use of wetlands; for developing and implementing National Wetland Policies;
reviewing laws and institutions to promote the conservation and wise use of wetlands
and for international cooperation. At COP-7 the Bureau was directed to establish
a clearing house and liase with other international organisations for information
exchange on indigenous knowledge systems and participatory approaches.

The Ramsar Convention was adopted before implementation assistance funds

became widespread features in international MEAs. The COP adopts a core budget
administered by the Ramsar Bureau. Contributions to the budget come from the Parties,
who contribute in proportion to their usual percentage contribution to the UN budget,
although there is also cooperation with funding institutions such as the World Bank and
the GEF. A Ramsar Small Grants Fund was established in 1990. Funds come partly from
the Convention’s core budget, but largely from donations by Parties and others. It is
administered by the Bureau under the supervision of the Standing Committee, pursuant
to the Terms of Reference for the Financial Administration of the Convention, for activities
to implement wetland conservation and wise use projects. Developing countries can
apply for assistance by official request from a competent national authority.

Overview of Afghanistan is not yet a Party. However, because it intends to accede to the MEA, the
implementation activities Bureau normally funds the participation of one Afghan delegate in most regional and
until end 2007: international meetings.

4.9 Basel Convention on Transboundary Movement

of Hazardous Wastes and their Disposal

Short name of the MEA: Basel Convention

Date of signature, Afghanistan has signed the Convention, but not ratified it. This will occur at the same
ratification/accession: time as accession to the remaining MEAs in the chemicals cluster, namely Rotterdam
and Stockholm Conventions.

National focal point: To be determined at a later date, but most likely NEPA.

Environmental problem If hazardous waste is indiscriminately dumped, accidentally spilled or improperly

that the MEA addresses: managed, it can poison the surrounding land and water for decades, and cause severe
health problems – even death.

Therefore movement and dumping of hazardous wastes, particularly illegal dumping

in developing nations by companies from developed countries, needs to be managed
and controlled.

Brief description The Basel Convention entered into force on 5 May 1992. The Convention regulates
of the MEA: the transboundary import and export of hazardous wastes and obliges Parties to
ensure that such wastes are managed and disposed of in an environmentally sound
manner. Article 2.1 defines wastes as ‘substances or objects that are disposed of or
are intended to be disposed of, or are required to be disposed of, by the provisions
of national law.’ To ‘dispose of’ a waste means any of the operations set out in Annex
IV, which may include resource recovery, recycling, reclamation, direct re-use or
alternative use. Article 1 defines ‘hazardous wastes’ as those belonging to any of the
waste streams contained in Annex I, unless they do not possess any of the hazard
characteristics in Annex III. Further lists of waste are contained in Annex VIII (wastes
that are presumed to be hazardous) and Annex IX (wastes that are presumed not

A Handbook for Afghan Officials 33

 to be hazardous), which were adopted at COP-4 (1998) and entered into force on 6
November 1998. The Convention also addresses ‘other wastes’, defined in Annex II as
‘categories of wastes requiring special consideration’ (i.e. household wastes and their
residues). The Convention does not cover radioactive waste, which is already covered
by other international control systems. Parties to the Convention adopted a decision at
COP-3 (1995) to ban the movement of hazardous wastes from States listed in Annex
VII (Members of OECD, EC and Liechtenstein) to States not listed in Annex VII.

Compliance mechanisms: Under Article 13.3 Parties must transmit reports to the COP each year. The reports
must provide information on: Competent authorities and focal points; transboundary
movements of hazardous wastes; efforts to achieve reductions in waste; available
qualified statistics compiled on how the production, transportation and disposal of
hazardous wastes affects human health and the environment; bilateral, multilateral or
regional agreements entered into pursuant to Article 11 of the Convention; accidents
in the transboundary movement or disposal of waste and measures taken to deal with
them; disposal options within national jurisdictions; measures undertaken to develop
technologies to reduce or eliminate the production of hazardous wastes; and any other
matters the COP deems relevant.

Article 10.2(b) obliges Parties to cooperate in monitoring the effects of the

management of hazardous wastes on human health and the environment, although
this does not constitute third party monitoring of performance. Article 19 imposes
monitoring obligations on the Parties. The provision states that any Party that has
reason to believe that another Party has breached the Convention, may inform the
Secretariat and the Party against whom the allegations are made.

Overview of Afghanistan is not yet a Party. However, because it intends to ratify the MEA, the
implementation activities Bureau normally funds the participation of one Afghan delegate in most international
until end 2007: meetings.

4.10 Rotterdam Convention on Prior Informed Consent

Short name Rotterdam Convention

of the MEA: PIC Convention

Date of signature, Afghanistan is not yet a Party, but will accede to the MEA within the next five years.
ratification/accession:

National focal point: To be determined at a later date, but most likely NEPA.

Environmental problem Some chemicals when released into the world can cause toxic reactions that persist
that the MEA addresses: in the environment for years (even decades), and can travel thousands of kilometres
from where they were used. While alert to such dangers, citizens and governments
also remain in favour of using chemicals for certain tasks because of cost and job
implications. Deciding which chemicals are acceptable, and which pose too many
risks, is a complicated matter – made even more complex in an ever-modernising
world where there are now 70,000 chemicals on the market, with 1,500 new ones
being introduced each year. There is also a thriving international trade in chemicals
such as pesticides, with products that are banned in some countries being widely sold
and used in others. The worlds least developed countries are desperately striving to
both industrialise and raise farming yields, and sometimes they use chemicals they
simply don’t have the technology to handle safely.

Brief description The Rotterdam Convention entered into force on 24 February 2004. The aim of
of the MEA: the Convention is to promote shared responsibility and cooperative efforts among
Parties in the international trade of certain hazardous chemicals in order to protect
human health, and the environment, from potential harm and to contribute to their
environmentally sound use. The Convention gives legal force to the implementation of
the Prior Informed Consent procedure (PIC procedure). Through the PIC procedure, the
Secretariat to the PIC Convention acts as a clearing house through which decisions of

34 Multilateral Environmental Agreements:

 importing countries, as to whether they wish to import certain chemicals, are compiled
and circulated to other Parties. Parties can also use the Secretariat to exchange
information about characteristics of chemicals to inform an importing Party about their
dangers and use. The chemicals that are subject to the PIC procedure are listed in
Annex III in accordance with recommendations from the Chemical Review Committee.
Once a chemical is listed in Annex III, Parties must communicate their import decisions
to the Secretariat. The Secretariat then summarises and compiles the responses and
provides them to the other Parties. The import decision can be a final decision to
consent, to consent subject to conditions, or to not consent. Otherwise, it can be an
interim response or a request for further information.

Compliance mechanisms: There are no performance review self-reporting obligations in the PIC Convention.
However, its working provisions entail detailed operational information exchanges that
embody some information relevant to assessment of performance. For example, when
a country takes action to ban or severely restrict a chemical, its Designated National
Authority (DNA) must inform the Secretariat within 90 days of this action. The Secretariat
then informs the other Parties (Parties must establish DNAs to be the contact points for
information exchange and for communicating consents under the PIC procedure). Where
a banned, or severely restricted chemical is exported from one Party to another Party’s
territory, the exporting Party must provide exporting notification to the importing Party,
in accordance with Annex V. If these notifications were compiled into a database, they
would go some way towards the formation of a perspective to the Parties’ performance.

Article 14 requires each Party to facilitate: the exchange of scientific, technical,

economic and legal information concerning the chemicals within the scope of the
Convention; the provision of publicly available information on domestic regulatory
actions relevant to the objectives of the Convention; and the provision of information
to other Parties, directly or through the Secretariat, on domestic regulatory actions that
substantially restrict one or more uses of the chemical, as appropriate.

At COP-1 (2004), the Parties called upon the Secretariat to conduct a

study into the possible options for financial mechanisms to enable developing
countries to implement adequately the provisions of the Convention. The study was
discussed at COP-2 (2005) but the Parties could not agree on a choice of financial
mechanism, instead calling on the Secretariat to revisit the options in light of
discussions at COP-2, and to report on the revised study at COP-3 (2006).

Overview of Afghanistan is not yet a Party to the MEA.

implementation activities
until end 2007:

4.11 Stockholm Convention on Persistent Organic Pollutants

Short name of Stockholm Convention

the MEA: POPs

Date of signature, Afghanistan is not yet a Party, but will accede to the MEA within the next five years.
ratification/accession:
National focal point: To be determined at a later date, but most likely NEPA.

Environmental problem The ‘Chemicals Revolution’ has indeed contributed greatly to human well-being.
that the MEA addresses: Chemicals have raised farming yields by killing crop pests, and have made possible
an endless array of useful products. But once released, some chemicals cause toxic
reactions, persist in the environment for years, travel thousands of kilometres from
where they were used, and threaten long-term health and ecological consequences
that were never anticipated or intended. One class of substances in particular, known
as persistent organic pollutants, has especially aroused concern. POPs act as powerful
pesticides and serve a range of industrial purposes. Some POPs are also released as
unintended by-products of combustion and industrial processes. While the risk level

A Handbook for Afghan Officials 35

 varies from POP to POP, by definition all of these chemicals share four properties:

1) They are highly toxic;

2) They are persistent, lasting for years or even decades before degrading into less
dangerous forms;
3) They evaporate and travel long distances through the air and through water; and
4) They accumulate in fatty tissue.

This is a dangerous combination. The persistence and mobility of POPs means that
they are literally everywhere in the world, even places as far as the Arctic, Antarctica,
and remote Pacific islands. Their attraction to fatty tissue, known as ‘bioaccumulation’,
means that even though a poison is first dispersed widely and thinly it gradually starts
to concentrate as organisms consume other organisms as they move up the food
chain. The chemicals reach magnified levels – up to many thousands of times greater
than background levels – in the fatty tissues of creatures at the top of the food chain,
such as fish, predatory birds, and mammals – including human beings.

Brief description The Stockholm Convention entered into force on 17 May 2004. It aims to protect human
of the MEA: health and the environment from the most dangerous persistent organic pollutants,
including the ‘dirty dozen’, by helping Parties to switch to safer alternatives and to clean
up existing stockpiles. The Convention divides chemicals in three groups: intentionally
produced chemicals; unintentionally produced chemicals; and stockpiles. Annexes A
and B list intentionally produced chemicals, which are mainly pesticides. Annex A deals
with chemicals that are to be eliminated, while Annex B deals with those which are to
be restricted. Parties are required to prohibit and/or take the necessary measures to
eliminate the production, import and export of Annex A chemicals and to restrict the
production and use of Annex B chemicals. In addition, Annex A or B chemicals may
only be imported or exported for their environmentally sound disposal, or for a use
that is permitted for that Party under Annexes A or B. Annex C lists persistent organic
pollutants, which are formed and released unintentionally from anthropogenic sources.
Pursuant to Article 5, Parties must take measures to reduce the total releases derived
from anthropogenic sources of Annex C chemicals, with the goal of their continuing
minimisation and ultimate elimination. Parties are also obliged to reduce or eliminate
releases from stockpiles and wastes of Annex A, B and C chemicals. Wastes containing
POPs are to be handled, collected, transported and stored in an environmentally sound
manner and in accordance with international rules (e.g. the Basel Convention).

Compliance mechanisms: Parties must provide the COP with reports on their implementation and on the
effectiveness of their implementation measures in meeting the Convention’s aims.
They must also provide the Secretariat with statistical data on their total quantities of
production, import and export of the listed chemicals or reasonable estimates and a
list of States from which or to which it has imported or exported each substance. This
reporting obligation ties in with the Parties’ obligation to develop and endeavour to
implement a plan for the implementation of their obligations under the Convention,
submit that plan to the COP within two years of the date on which the Convention
enters into force for it to review and update the plan. Interim guidelines have
been developed to assist Parties. Although primarily related to scientific baseline
information, rather than performance review information, Parties are to undertake
appropriate monitoring of POPs, including monitoring of their sources and releases
into the environment; presence, levels and trends in humans and the environment;
environmental transport, fate and transformation; effects on human health and
the environment; socio-economic and cultural impacts; release reduction and/or
elimination and harmonized methodologies. The COP is required to develop and
approve procedures and institutional mechanisms for determining non-compliance
with the provisions of the Convention and for appropriate penalties.

The Convention provides for the provision of technical assistance to developing

Parties. Technical assistance includes technical assistance for capacity building
relating to the implementation of the obligations under the Convention. Under Article
9, Parties must facilitate or undertake the exchange of information relevant to the
reduction or elimination of the production, use and release of POPs and alternatives to

36 Multilateral Environmental Agreements:

 POPs. The Secretariat serves as a clearing house mechanism for information on POPs
including information provided by the Parties, intergovernmental organisations and
NGOs. Parties must encourage and/or undertake appropriate research, development,
monitoring and cooperation pertaining to POPs. In doing so, they must: Support and
develop international programmes or organisations aimed at defining, conducting,
assessing and financing research and data collection and monitoring; support national
and international efforts to strengthen scientific and technical research capabilities;
and consider the concerns and needs of developing Parties with regard to technical
and financial resources with a view to improving their capability to participate in the
above mentioned efforts. Parties undertake to provide financial support to national
activities that are geared towards implementing the Convention.

Developed Parties undertake to provide financial resources to developing Parties in

accordance with the financial mechanism established under Article 13.6 or to provide
financial resources through other bilateral, regional and multilateral means. At their first
meeting, Parties must adopt and provide guidance to the financial mechanism. In the
interim, the GEF is the principal entity entrusted with the operations of the financial
mechanism. The GEF and the Swedish Government have funded workshops to assist
Parties in strengthening their national chemicals management programs with respect
to the implementation and ratification of this Convention. At COP-1 (2005), Parties
requested the GEF to develop a new focal area and operational procedures to support
the implementation of the Convention.

Overview of Afghanistan is not yet a Party, although is invited to participate in meetings from time
implementation activities to time.
until end 2007:

A Handbook for Afghan Officials 37

5 Participation in MEA
Meetings and Negotiations
The purpose of this chapter of the handbook is
to assist Afghan officials to prepare for MEA COP
meetings, workshops and other international forums.
This chapter provides an overview of what to expect
at such meetings, preparation guidelines, and
some background to the political issues at play.
5.1 Preparation for Meetings
All successful negotiators need to prepare
thoroughly in-country, long before the actual
negotiations take place. For the Afghan delegation
to be successful, they will need a comprehensive
understanding of Afghanistan’s interests in the
issues under negotiation, as well as a good sense
of the interests of other delegations in attendance.
The delegates will want to identify the country’s
national needs and develop a national position
on the issues that will address those needs.
A negotiating team should be identified and
mobilised well in advance, so that negotiators
have sufficient time to familiarise themselves with
the agenda for the upcoming session, and time to
highlight and brief important issues for government
policy makers. During this preparatory phase,
delegates are encouraged to visit the UNEP office
for further guidance.
Checklist of what to bring with you:
• If you are in a main UN Centre (e.g. New York,
Geneva, Nairobi, or Bangkok) then take the
telephone and addresses of the missions of
the key countries, including the Afghanistan
mission (if there is in one);
• Timetable of the event – your meetings as well
as the negotiations;
• Your own copy of the MEA text, with your own
notes;
• A briefing document setting out Afghanistan’s
policy approach to the subject of the meeting;
• A notebook, to keep a diary of the discussions
that occur throughout the session;
• File folders or a ring binder, with relevant
documents separated by issue;
• Memory stick/ flashdisk;
• Business cards with contact details to give to
other delegates; and
• A copy of this handbook.
38
Each stage of an MEA’s lifecycle has distinct
characteristics and outcomes. Before attending
a negotiating session for a particular MEA, the
delegate will need to determine what stage of
negotiations in that MEA’s lifecycle has been
reached. Is it the pre-negotiation or negotiation
stage? Has the MEA entered into force? If so, are
parties negotiating decisions that will take forward
its work? Are parties considering ways to adapt
the MEA to address new concerns? Or, will the
negotiating session be to negotiate a whole new
protocol to an existing MEA?
5.2 What to Expect at a Meeting
Many MEA negotiations begin with a plenary
session. Following the opening remarks, the
session’s President or Chairperson will introduce
the session’s proposed agenda. Once the agenda
has been formally adopted, the plenary will work
its way through the agenda. Issues that can be
easily resolved will be addressed and settled. More
difficult or complex issues will typically be referred
to subsidiary bodies, contact groups or working
groups. These bodies or groups could already
exist, or they may be established at the session in
order to address a new issue. All interested Parties
are usually invited to participate in these bodies
and groups. The Chairpersons or coordinators for
these groups will be named or acknowledged in
the session.
The subsidiary body, contact group or working
group will meet and report back to the plenary.
These meetings tend to follow the same format
as a plenary session – beginning with general
statements, during which country blocs and
individual countries express their views on the
specific issue under consideration. The group
Chair or Co-chairs assist the group in developing a
common understanding of what needs to be done.
The Parties work to develop an agreed document
to reflect the sentiments of the various coalitions
and interest groups involved, on how to move
forward with the issue under consideration.
When participating in MEA negotiation sessions
on behalf of Afghanistan, delegates will want to
pay close attention to the negotiating etiquette
and word choice. It is helpful to watch senior
negotiators to see how they conduct themselves.
Multilateral Environmental Agreements:
However, even if the delegate is a new negotiator
or a member of a small delegation, it is important
to remember that as an individual the delegate
can make a substantial contribution to the
negotiating process.
• Sample Daily Schedule
Although every MEA will have its own individual
approach, there are some general rules
that apply, particularly around the daily
schedule:
– 8am: Individual government delegations
usually meet internally to prepare their own
country’s lobbying position, and to review
the previous day.
– 9am: Governments usually attend meetings
of the relevant groupings they are members
of, for example, G-77 or the European
Union. NGOs and other stakeholders will also
usually hold their consultations to prepare
for the day.
– 10am to 1pm: Meeting sessions.
– 1pm to 3pm: Lunch and side events.
An opportunity to spend time with other
government officials.
– 3pm to 6pm: Meeting sessions (additional
sessions will be added when needed, often
into the night).
– 6pm to 8pm: Side events can also be held
at this time.
• Sessions
It is important to understand that different
types of sessions will take place within any one
meeting – from formal plenaries to informal
working groups.
– Committee of the Whole (COW): The formal
sessions of a UNEP or MEA COP meeting.
These are governed by rules of procedure
and are simultaneously translated in all
of the six UN languages (English, Arabic,
French, Spanish, Chinese and Russian).
– Contact groups: Set up to resolve a particular
issue of disagreement. The members of the
group are drawn from the governments who
disagree, although they are open for others
to attend. Sometimes called the Vienna
A Handbook for Afghan Officials
process or ‘Vienna setting’ where much of
the informal negotiations go on.
– Friends of the Chair/President: The meeting
could use the Friends of the Chair approach,
where the Chair invites a few of the prominent
negotiators to form a group to informally
help develop consensus on an issue or a
set of issues.
– Informals: A subsidiary body of the working
groups that are set up when there is a set of
critical issues that needs to be addressed.
– Working groups: Subsidiary bodies of the
COW. Usually no more than two groups will
meet at any one time. Joint working groups
come together when there are crosscutting
issues. The two working groups can be
brought together to deal with them.
• Meeting Outcomes
One of the following outcomes can usually be
expected after a meeting:
– A Statement of the Chairperson: Occurs
when certain issues cannot be resolved
and remain on the table for negotiation.
The statement attempts to capture the
opinions of the majority of participants.
Since negotiations are ongoing, Parties may
freely accept or reject the contents of these
statements.
– Resolutions: Can take the form of a
declaration, conclusion or recommendation.
Resolutions are not compulsory and do not
create rights or obligations. However, they do
reflect a consensus or majority opinion. For
this reason, resolutions are instructive but not
mandatory instruments. Classic examples of
effective resolutions include the Stockholm
Declaration and Rio Declaration.
– Recommendations and conclusions: Often
represent the outcomes of a subsidiary
body negotiation and are adopted by
consensus. They can contain agreement
on future action for the subsidiary body, or
suggestions for the wording of later COP
decisions.
– Decisions: These are legally binding
conclusions entered into by the Parties.
39
 Terminology in MEA Texts

Affirming: Agreeing on this

Agrees upon: Everyone supports the decision
Bearing in mind: Giving thought to
Calling for: Asking for State action
Calling upon: Asking another entity to do something
Concurring: Agreeing with another decision
Considering: To reflect on an issue, without necessarily taking action
Consensus: Agreement from all, or at least most, countries. If there is no explicit objection,
a decision can be adopted by consensus
Decides: A legally binding conclusion
Declares: Announces a resolution to something
Developing: Something that will happen in the future
Endorsing: To provide further support for a previous decision
Encouraging: To express hope that another entity will take action
Enhancing: To develop further
Establishing: To create something
Expressing concern: Strong diplomatic language to express displeasure
Maintaining: Supporting a current system or position
Noting: Acknowledging something, but taking no further action
Promoting: To publicise
Reaffirming: Agreeing on a decision already made
Recalling: Highlighting a previous decision or action
Recognising: To acknowledge something
Requests: Asks another entity to do something
Stressing: To give significance to a particular issue
Urges: To strongly request action without the authority to enforce such action
Welcomes: To provide non-legally binding support for something

5.3 Political Background to New Zealand, and the US). Regional groupings are
Negotiations: Regional and used, among other things, as a basis for electing
Negotiating Blocks members of boards and Bureaus.

There are a number of major negotiating groups Negotiation Coalitions

and regional interest groups in MEA negotiations.
It is important to note that membership to one
regional or interest-based negotiation coalition
does not preclude membership in other coalitions.
For example, it is possible for a single country to
be a member of the Group of 77 and China (G-77
and China), the Least Developed Country Group
(LDC), and the Alliance of Small Island States
(AOSIS) all at the same time. However, countries
in this position may have to deal with conflicting
interests amongst the various coalitions.
A brief description of some of the major negotiating
coalitions is set out below.
• European Union
The EU has just grown from 15 to 27 countries,
and how this will change the EU is as yet
unknown. At present, the European Union
operates on a six-month presidency from
January until the end of June, and from July
to the end of December. The role and duties
of the EU presidency include:

– Management and enhancement of

It is also useful to know that there are five UN
cooperation between the members of
regional groupings that are based on established
the European Council, the Council of
UN practice. These are: Africa, Asia (which includes
Ministers and the Committee of permanent
the Pacific and Afghanistan), Central and Eastern
representatives;
Europe, Latin America and the Caribbean (also
known as GRULAC) and Western Europe and Others – Representation of the Council of the
(WEOG – where ‘others’ include Australia, Canada, European Union in other EU institutions and

40 Multilateral Environmental Agreements:

 organs (especially the European Parliament
and the European Commission); and
– Representation of the EU in international
organisations, meeting and forums and its
relations with developing countries.
• Group of 77 and China
The Group of 77 (G-77) was established on
15 June 1964 by 77 developing countries,
all signatories of the Joint Declaration of
the 77 Countries issued at the end of the
first session of the UN Conference on Trade
and Development in Geneva. The Chair of
the G-77 rotates through the UN Regions of
Africa, Asia, West Asia, and Latin America
and the Caribbean. The position is held for a
year, but recently G-77 has been developing
its own triumvirate involving the previous
chair, the present chair, and the next chair.
The membership of G-77 now includes 133
members, although it has retained its name.
Members are: Afghanistan, Algeria, Angola,
Antigua and Barbuda, Argentina, Bahamas,
Bahrain, Bangladesh, Barbados, Belize, Benin,
Bhutan, Bolivia, Bosnia and Herzegovina,
Botswana, Brazil, Brunei Darussalam, Burkina
Faso, Burundi, Cambodia, Cameroon, Cape
Verde, Central African Republic, Chad, Chile,
China, Colombia, Comoros, Congo, Costa
Rica, Côte d’Ivoire, Cuba, Cyprus, Democratic
People’s Republic of Korea, Democratic
Republic of the Congo, Djibouti, Dominica,
Dominican Republic, Ecuador, Egypt, El
Salvador, Equatorial Guinea, Eritrea, Ethiopia,
Fiji, Gabon, Gambia, Ghana, Grenada,
Guatemala, Guinea, Guinea-Bissau, Guyana,
Haiti, Honduras, India, Indonesia, Iran (Islamic
Republic of), Iraq, Jamaica, Jordan, Kenya,
Kuwait, Lao People’s Democratic Republic,
Lebanon, Lesotho, Liberia, Libyan Arab
Jamahiriya, Madagascar, Malawi, Malaysia,
Maldives, Mali, Malta, Marshall Islands,
Mauritania, Mauritius, Micronesia (Federated
States of), Mongolia, Morocco, Mozambique,
Myanmar, Namibia, Nepal, Nicaragua, Niger,
Nigeria, Oman, Pakistan, Palau, Palestine,
Panama, Papua New Guinea, Paraguay,
Peru, Philippines, Qatar, Romania, Rwanda,
Saint Kitts and Nevis, Saint Lucia, Saint Vincent
and the Grenadines, Samoa, Sao Tome and
A Handbook for Afghan Officials
Principe, Saudi Arabia, Senegal, Seychelles,
Sierra Leone, Singapore, Solomon Islands,
Somalia, South Africa, Sri Lanka, Sudan,
Suriname, Swaziland, Syrian Arab Republic,
Thailand, Timor-Leste, Togo, Tonga, Trinidad
and Tobago, Tunisia, Turkmenistan, Uganda,
United Arab Emirates, United Republic of
Tanzania, Uruguay, Vanuatu, Venezuela,
Viet Nam, Yemen, Yugoslavia, Zambia, and
Zimbabwe.
The G-77 has a formidable task in coordinating
and representing such enormous diverse
interests, and its end has been forecast for
many years. Within G-77 there are regional
groups as well as interest groupings. China
sometimes associates itself with the Group
of 77, and sometimes doesn’t. There are
also important regional players within G-77,
including: India, Pakistan, Nigeria, South Africa,
Egypt, Brazil, Venezuela, Iran and Saudi Arabia.
For more information, see http://www.g77.org
• Alliance of Small Island States
AOSIS consists of 43 members and observers
and plays a critical role, particularly in
the climate change negotiations where
it represents many of the most vulnerable
States.
Member are: Antigua and Barbuda, Bahamas,
Barbados, Belize, Cape Verde, Comoros,
Cook Islands, Cuba, Cyprus, Dominica, Fiji,
Federated States of Micronesia, Grenada,
Guinea-Bissau, Guyana, Haiti, Jamaica,
Kiribati, Maldives, Malta, Marshall Islands,
Mauritius, Nauru, Niue, Palau, Papua New
Guinea, Samoa, Singapore, Seychelles,
Sao Tome and Principe, Solomon Islands, St.
Kitts and Nevis, St. Lucia, St. Vincent and the
Grenadines, Suriname, Tonga, Trinidad and
Tobago, Tuvalu, Vanuatu. Observers include:
American Samoa, the Netherlands Antilles and
US Virgin Islands.
• JUSCANZ
The non-EU industrialised countries meet as a
group to discuss various issues. These are (J-
US-C-A-NZ): Japan, the US, Canada, Australia,
New Zealand. It now includes Iceland, Mexico,
Norway, Switzerland, and the Republic of South
Korea may also attend the meetings. This bloc
41
 does not often work as formal negotiating
group, but more as an ad hoc group.
• Least Developed Countries (LDCs)
The LDCs are defined as countries with the
following: 1) Low per capita income; 2)
human resource weakness; and 3) economic
vulnerability.
They include: Afghanistan, Angola, Bangladesh,
Benin, Bhutan, Burkina Faso, Burundi, Cambodia,
Cape Verde, Central African Republic, Chad,
Comoros, Democratic Republic of the Congo,
Djibouti, Equatorial Guinea, Eritrea, Ethiopia,
Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati,
Lao People’s Democratic Republic, Lesotho,
Liberia, Madagascar, Malawi, Maldives, Mali,
Mauritania, Mozambique, Myanmar, Nepal,
Niger, Rwanda, Samoa, Sao Tome and Principe,
Senegal, Sierra Leone, Solomon Islands,
Somalia, Sudan, Timor-Leste, Togo, Tuvalu,
Uganda, United Republic of Tanzania, Vanuatu,
Yemen, and Zambia. For more information, see
www.un.org/special-rep/ohrlls/ldc/default.htm
5.4 Particular Challenges for Developing
Country Coalitions
Coalitions formed by developed countries differ
from developing State coalitions in various
ways. Developing country coalitions represent
a vast number of countries whose interests often
diverge. For example, the G-77 and China
negotiating bloc represents over 130 member
states. This group contains both more ‘advanced’
developing countries, such as Singapore and
South Africa, and ‘least developed countries’
at the other end of the development spectrum.
It also contains groups with differing economic
interests and priorities. In addition to these
challenges, large developing country coalitions
may lack the resources to coordinate negotiating
positions in advance of negotiations through
inter-sessional meetings – unlike their developed
country counterparts.
• Delegation size
Developing countries typically bring far fewer
representatives to international negotiating
sessions than their developed countr y
counterparts, due to the expense involved.
For example, at the Sixth Conference of the
Parties to the Climate Change Convention,
the EU and Umbrella Group each had six
times more representatives per Party than the
G-77 and China group. Small delegations,
like Afghanistan, are encouraged to team
up with other delegations from like-minded
countries to share information and increase
their negotiating strength.

Example:
Active Coalitions within the Climate Change Convention

In the climate change negotiations, a number of coalitions exist to express and advance their members’
positions. In addition to the EU, G-77 and China, and the AOSIS, member States of the Organisation for
Petroleum Exporting Countries (OPEC) have played a significant role in protecting the interest of petroleum
exporting countries. OPEC was formed in 1960 by five founding States, and today represents the interests of 11
developing countries whose economies rely on the exportation of oil. OPEC’s stated mission is to stabilise the
oil market and ensure a reasonable rate of return on investments made by oil producers. While OPEC itself does
not speak as a bloc in the climate negotiations, OPEC members frequently take the floor to support each other’s
negotiating positions. In recent negotiating sessions, the LDC Group has begun to negotiate more cohesively
as a unit, to ensure that LDC interests are not overshadowed by the larger goals of the G-77 and China.
The EU negotiates on behalf of 27 countries. JUSCANZ (described above) and the wider ‘Umbrella Group’
(Australia, Canada, Iceland, Japan, New Zealand, Norway, Russia, Ukraine and USA) have also been active at
various times. The ‘Environmental Integrity Group’ (Mexico, the Republic of Korea and Switzerland) sometimes
intervene as a separate negotiating bloc to ensure their inclusion in last minute, closed-door negotiations. In
climate change negotiations, the economic interests of OPEC members with fossil-fuel dependent economies
are often at odds with the interests of countries that are vulnerable to the impacts of climate change – such as
small island states. AOSIS and LDC Group members’ interests lie in a strict climate regime with assistance for
adaptation to the adverse effects of climate change; OPEC countries argue for a more relaxed regime, as they
believe that climate policies and measures may reduce revenues from oil exports. The African Group, comprised
of both vulnerable countries and OPEC countries, also contains diverse interests. As a result of these dynamics,
it is often challenging for the group of developing countries to reach consensus.

42 Multilateral Environmental Agreements:

• Complex negotiations
MEA negotiations have become increasingly
complex. Often many key issues are being
discussed at the same time, making it
impossible for one or two-person delegations
to cover all the issues under discussion. It could
even be difficult to keep on top of all locations
and timings for the various contact groups,
‘informals’ and coalition meetings taking
place. For this reason, Afghan negotiators and
participants should try to select one or two key
issues for the delegation, and focus their efforts
on these issues. It is also a good idea to team
up with other countries in the G-77 and LDC
coalitions to share information. Strategic use of
coalitions will allow you to pool your resources
and expertise, and make a larger impact in
negotiations than Afghanistan might otherwise
be able to make individually.
• Team size and negotiator skills
Developed country coalitions have the ability
and resources to establish comprehensive
negotiating teams comprising of lawyers,
economists, scientists, and diplomats.
Developing country coalitions, on the other
hand, often rely primarily on scientists and
politicians in their negotiating teams, due
to limited resources. It is important to look
for different kinds of skills and talent within
your own negotiating team and within your
negotiating coalitions, so that you know where
to turn if technical information is required or
where certain skills may be called for on the
agenda item you are negotiating.
Help is available!
Many NGOs and media representatives attend
MEA negotiations. NGOs from both developed
and developing countries are often willing
to share what they know about a range of
scientific, technical, legal, political, and economic
developments relating to the negotiating process.
Many have been involved in these processes for
a long time and can be a very valuable resource.
Media representatives can also be helpful in
making your environmental concerns and your
country positions known to the general public
– particularly if you believe that some of your
concerns are not being adequately addressed
within the negotiating process!
A Handbook for Afghan Officials
5.5 Reporting Back to the Afghan
Government
When returning from a negotiating session, it is
extremely important that delegates prepare a
mission report. The report should highlight the
overall outcomes of the negotiation; the outcomes
that most directly affect Afghanistan’s concerns
(e.g. specific conclusions, recommendations and
decisions); a description of the issues the delegate
followed and the position he or she took on those
issues; any interventions he or she made; and the
broad positions of other Parties on these issues. The
delegate should also highlight any controversial
issues; any unresolved issues; and provide a
detailed outline of next steps.
The mission report should be easy to understand by
someone who did not attend the negotiating session
and will act as a helpful background document
for members of your delegation attending the next
negotiating session. It will also serve as a handy
overview for you to use in preparing for the next
negotiating session. The final mission report should
be distributed to all relevant government agencies,
including the Ministry of Foreign Affairs.
The mission report should include at least the
following:
• The date, location, title and purpose of the
negotiating session;
• Copy of the agenda;
• A list and description of the issues that were
followed closely;
• Copies of decisions reached, highlighting
those most significant for Afghanistan;
• Description of the issues where final decisions
or conclusions could not be reached;
• Written copies of any oral interventions made
by Afghanistan;
• List of issues on which comments will be sought
from the Parties before the next formal meeting,
and dates agreed for submission of views;
• List of workshops that have been agreed upon
that will occur inter-sessionally;
• Important contacts made with other
governmental representatives;
• Open issues that need to be resolved;
• Challenges faced, and any lessons learned.
43
Annex 1: Glossary of Commonly Used MEA Technical Terms
The terms described below have been selected because they are terms that are relevant to the MEAs to
which Afghanistan is a Party, and are likely to be encountered by officials attending international MEA
forums on behalf of the country. Some are technical scientific terms, others are jargon commonly used
within the context of international negotiations and meetings.

ABS Access to genetic resources and benefit sharing. Acronym used to refer to access to genetic
resources and the fair and equitable sharing of benefits arising from their utilization as set
out in of the Convention on Biological Diversity.

Accession Act whereby a State becomes a Party to an international agreement already negotiated
and closed for signature. Accession has the same legal effect as ratification, although an
acceding State has not signed the agreement.

Accreditation Approval and assertion of the fact that credentials submitted by delegates to a particular
meeting are in order.

Ad hoc Latin word meaning ‘for this purpose.’ An ad hoc committee, for example, is created with a
unique and specific purpose or task and once it has studied and reported on a matter, it is
discontinued.

Agenda 21 Programme of action on sustainable development adopted at the UN Conference on

Environment and Development in 1992, often referred to as the ‘Blueprint for Sustainable
Development.’ Agenda 21 has 40 chapters dealing with all aspects of sustainable
development, including social and economic dimensions (combating poverty and promoting
human health), conservation and resource management, major groups (e.g. women,
indigenous people, business and unions), and means of implementation (e.g. financial
resources, transfer of technology, public awareness and education).

Alien species Species occurring in an area outside of its historically known natural range as a result of
intentional or accidental dispersal by human activities. Alien species are not necessarily
invasive species.

Amendment 1) A modification or addition to an existing legal instrument (e.g. a treaty, convention,

or protocol). 2) A modification to a proposal under negotiation (e.g. draft decision, draft
recommendation, or draft resolution).

Binding Adjective which means that an instrument entails an obligation (usually for States) under
international law.

Biodiversity Shorthand for biological diversity. Variability among living organisms from all sources
including terrestrial, marine and other aquatic ecosystems, and the ecological complexes
of which they are part; this includes diversity within species, between species and of
ecosystems (CBD, CITES, CMS, Ramsar, WHS).

Biological Genetic resources, organisms or parts thereof, populations, or any other biotic component
resources of ecosystems with actual or potential use or value for humanity (CBD).

Bioprospecting Exploration of biodiversity for commercially, scientifically, or culturally valuable genetic and
biochemical resources.

Biosafety Set of measures or actions addressing the safely aspects related to the application
of biotechnologies (see biotechnology) and to the release into the environment of
transgenic plants and other organisms, particularly microorganisms, that could
negatively affect plant genetic resources, plant, animal or human health, or the
environment.

Biosafety Protocol Protocol to the Convention on Biological Diversity. Also referred to as the ‘Cartagena
Protocol.’ Adopted in 2000, entered into force in 2004. The Protocol regulates the
transboundary movement, transit, handling and use of living modified organisms that may
have an adverse effect on the conservation and sustainable use of biodiversity, taking also
into account human health. Afghanistan is NOT a Party to the Protocol.

44 Multilateral Environmental Agreements:

 Biosphere reserves Sites recognised under UNESCO’s Man and Biosphere Programme that innovate and
demonstrate approaches to conservation and sustainable development. They are of course
under national sovereign jurisdiction, yet share their experience and ideas nationally,
regionally and internationally within the World Network of Biosphere Reserves. There are 529
sites worldwide in 105 countries.

Biotechnology Any technological application that uses biological systems, living organisms, or derivatives
thereof, to make or modify products or processes for specific use (CBD).

Carbon market A popular term for a trading system through which countries may buy or sell units of greenhouse
gas emissions in an effort to meet their national limits on emissions, either under the Kyoto
Protocol or under other agreements, such as that among member states of the European Union.

Carbon The process of removing additional carbon from the atmosphere and depositing it in
sequestration other ‘reservoirs’, principally through changes in land use. In practical terms, the carbon
sequestration occurs mostly through the expansion of forests.

Cartagena Protocol Other name of the Biosafety Protocol to the Convention on Biological Diversity (CBD).

Caucus A group of like-minded delegations, which meet both during and outside negotiations to
develop common positions and negotiation strategies.

CFCs Chlorofluorocarbons. A category of chemical substances that contributes to the depletion of

the ozone layer. Regulated under the Montreal Protocol.

Clearing house The term originally referred to a financial establishment where cheques and bills were
mechanism exchanged among member banks so that only the net balances need to be settled in cash.
Today, its meaning has been extended to include any agency that brings together seekers
and providers of goods, services or information, thus matching demand with supply. The
CBD has established a clearing house mechanism to ensure that all governments have
access to the information and technologies they need for work on biodiversity.

Clean development One of the three market-based mechanisms under the Kyoto Protocol to the UN Framework
mechanism Convention on Climate Change (UNFCCC), whereby developed countries may finance
greenhouse gas emissions-avoiding projects in developing countries, and receive credits for
doing so which they may apply towards meeting mandatory limits on their own emissions
(UNFCCC).

Climate change Change of climate, which is attributed directly or indirectly to human activity that alters the
composition of the global atmosphere and which is in addition to natural climate variability
observed over comparable time periods (UNFCCC).

Compliance Fulfilment by a Party of its obligations under an international agreement.

Conference of the One of the designations for the main negotiating body under an international agreement.
Parties (COP) The COP is a policy-making body that meets periodically to take stock of implementation
of the agreement and adopt decisions, resolutions, or recommendations for the future
implementation of the agreement.

Consensus A mode of adoption of decisions, resolutions, or recommendations without voting. A decision

is adopted by consensus if there is no formal explicit objection made. Whether there is
consensus on an issue or not is determined by the presiding officer on the basis of the views
expressed by delegates and his/her subjective assessment of the sense of the meeting.

Credentials A document evidencing a person’s authority. Signed by the Head of State or government, or
other high authority. Without credentials in order, a person is not considered a delegate and
cannot legally act on behalf of his/her State and participate in decision making.

Delegate Representative of a State or organisation who has been authorised to act on its behalf and
whose credentials are in order.

Delegation Team of delegates to a meeting from the same country or organisation.

Desertification Degradation of land in arid, semi-arid and dry sub-humid areas, resulting from various
factors, including climatic variations and human activities (UNCCD).

A Handbook for Afghan Officials 45

 Designated The national agency responsible for addressing specific issues or acting as the focal point
national authority for an MEA.

DSA Daily Subsistence Allowance. Allowance paid to UN staff or delegates to a UN meeting,

which is intended to account for lodging, meals, gratuities and other business-related
expenses during the period of the meeting.

Economic One of the tools for environmental protection that make use of fiscal incentives (subsidies)
instruments and deterrents (taxes), as well as market measures such as tradable emissions permits,
rather than regulating specific outcomes.

Ecosystem Dynamic complex of plant, animal, microorganism communities and their non-living environment,
interacting as a functional unit (CBD). Ecosystems are irrespective of political boundaries.

Ecosystem Strategy for the integrated management of land, water and living resources that promotes
approach conservation and sustainable use in an equitable way (CBD, FAO, Ramsar Convention).

Ecosystem services Processes and functions provided by natural ecosystems that sustain life and are critical to
human welfare.

Ecotourism Travel undertaken to witness sites or regions of unique natural or ecologic quality, or the
provision of services to facilitate such travel.

EIA Environmental Impact Assessment, which is Process by which the environmental

consequences of a proposed project or programme are evaluated and alternatives are
analyzed. EIA is an integral part of the planning and decision-making processes.

Emissions trading Mechanism under the Kyoto Protocol through which Parties with emissions commitments
may trade units of their emissions allowances with other Parties (UNFCCC).

Enforcement Range of procedures and actions taken by a State and its competent authorities to ensure
that persons or organisations failing to comply with laws or regulations are brought back into
compliance or punished through appropriate action.

Entry into force Coming into legal effect of an international agreement, i.e. time at which an international
agreement becomes legally binding for the States that have ratified it, or acceded to it, or
otherwise expressed their consent to be bound by the agreement.

Focal point An official or agency designated by a government to serve as the focus or channel of
communications for a particular issue or agreement.

Framework Convention that provides a decision-making and organisational framework for the adoption of
convention subsequent complementary agreements (e.g. protocol). Usually contains substantial provisions
of a general nature, the details of which can be provided in the subsequent agreements.

G-8 Group of eight industrialized countries comprising Canada, France, Germany, Italy, Japan,
Russia, the UK and the US.

G-77 Originally group of 77 developing countries established in 1964 at the first session of UNCTAD.
Now gathering 133 developing States. The Group seeks to harmonize the positions of
developing countries prior to and during negotiations. China sometimes also associates itself
with the G-77, in which case the group is referred to as ‘G-77/China’ or ‘G-77 plus China.’

GATT General Agreement on Tariffs and Trade (1994). One of the agreements annexed to the
Marrakech Agreement establishing the World Trade Organisation (WTO).

GEF Launched in 1991, the Global Environment Facility (GEF) provides grant and concessional
funds to developing countries for projects and programmes targeting global environmental
issues: climate change, biological diversity, international waters, ozone layer depletion, land
degradation and persistent organic pollutants. Its implementing agencies are UNEP, UNDP,
and the IBRD. Designated as the operating entity of the financial mechanism for some MEAs
(e.g. the CBD and the UNFCCC).

46 Multilateral Environmental Agreements:

 Greenhouse gases Atmospheric gas that traps the heat and is responsible for warming the earth and climate
(GHGs) change. The major greenhouse gases are: carbon dioxide (CO2), methane (CH4) and nitrous
oxide (N20). Less prevalent – but very powerful – greenhouse gases are hydrofluorocarbons
(HFCs), perfluorocarbons (PFCs) and sulphur hexafluoride (SF6). Those gases are regulated
under the UN Framework Convention on Climate Change (UNFCCC) and the Kyoto
Protocol. Some greenhouse gases are also regulated under the Montreal Protocol for their
effects on the ozone layer.

Hard law Term used to describe the legally binding nature of various agreements or provisions, which
leave no or little room for discretion. Often opposed to soft law.

Hazardous waste Wastes that exhibit one or more hazardous characteristics, such as being flammable,
oxidizing, poisonous, infectious, corrosive, or ecotoxic (Basel Convention).

High-level segment Segment of a meeting composed of the highest-level representatives of State Parties
attending the meeting.

Hotspot 1) Area particularly rich in total numbers of species (sic ‘biodiversity hotspot’). 2) Area of
especially high concentrations of pollutants.

In-situ Latin phrase meaning ‘within the original place.’ In-situ condition is the condition of genetic
resources in their ecosystems and natural habitats and, in the case of domesticated
or cultivated species, in the surroundings where they have developed their distinctive
properties (CBD).

In-session Documents distributed during a meeting, such as conference room papers (CRP), limited
documents distribution documents (L. docs), informal documents, etc.

IPCC Intergovernmental Panel on Climate Change. Established jointly by the World Meteorological
Organisation (WMO) and UNEP in 1998 to assess the scientific, technical and socio-
economic impacts of climate change.

Kyoto Protocol Protocol to the UN Framework Convention on Climate Change (UNFCCC). Provides for
binding emission reductions for Annex I Parties to the UNFCCC. Adopted in 1997, entered
into force in 2005.

Land degradation Reduction or loss, in arid, semi-arid and dry sub-humid areas, of the biological or economic
productivity and complexity of rained cropland, irrigated cropland, or range, pasture, forest
and woodlands resulting from land use or from a process or combination of processes,
including processes arising from human activity and habitation patterns.

Least Developed Countries at the lowest level of the scale of development. Status defined according to level
Countries (LDCs) of income, human resources, and economic vulnerability.

Like-minded Group of delegations that share common interests and positions on specific issues.

MDGs Millennium Development Goals. A set of eight goals and associated targets to achieve
poverty alleviation by 2015, which found their origin in the Millennium Summit.

Meeting of the A body equivalent to the Conference of the Parties. The terminology differs according to
Parties agreements. In practice, there is a tendency within environment negotiating forums to use
‘Conference of the Parties’ for the conventions and Meeting of the Parties for the protocols.

Member State State that is a member of an international organisation.

Memorandum of A simplified type of international instrument, which can be concluded between States,
Understanding between States and international organisations or between international organisations. MoUs
can provide a framework for cooperation or be concluded for specific time-bound activities.

Montreal Protocol Shorthand for the Montreal Protocol on Substances that Deplete the Ozone Layer. Protocol
to the Vienna Convention for the Protection of the Ozone Layer. Adopted in 1987, entered
into force in 1989.

Multilateral A generic term for treaties, conventions, protocols, and other binding instruments related to
Environmental the environment. Usually applied to instruments of a geographic scope wider than that of a
Agreement (MEA) bilateral agreement (i.e. between two States).

A Handbook for Afghan Officials 47

 NAP National Action Plan. Required under the UN Convention to Combat Desertification
(UNCCD) for the implementation of the Convention.

NAPA National Adaptation Programme of Action. Prepared by least developed countries under the
UN Framework Convention on Climate Change (UNFCCC) for urgent activities to cope with
climate change.

National Under the UN Framework Convention on Climate Change (UNFCCC), document by which a
Communication Party informs other Parties of activities undertaken to mitigate climate change.

NBSAP National Biodiversity Strategy and Action Plan. Required under the Convention on Biological
Diversity (CBD) for the implementation of the Convention.

NCSA National Capacity Self-Assessment for Global Environmental Management. Initiative by the
Global Environment Facility that aims to assist countries to assess their capacity needs to
implement the Rio Conventions on the basis of synergies between these conventions.

Non-Party Refers to a State that has not ratified, acceded, or otherwise become a Party to an
international agreement. As a Non-Party, a State may have limited rights to participate in
negotiations or deliberations under the agreement, or to invoke provisions of the agreement.

Notification Formal communication that bears legal consequences (e.g. start of a time-bound period).

Objection Oral or written statement by which a delegation informs a meeting that it objects to the
adoption of a proposed decision, resolution, recommendation, or measure.

Observer Non-State or State actor invited to participate in a limited capacity in discussions during
negotiations. Observers are not allowed to negotiate text and have no voting powers.
In practice, some observer States do negotiate, although they do not participate in final
decision making.

OECD The Organisation for Economic Cooperation and Development is an organisation of

advanced economies in North America, Europe, and the Pacific region that share a
commitment to democratic government and a market economy. Originated in 1948 as the
Organisation for European Economic Cooperation (OEEC), to help administer the Marshall
Plan for the reconstruction of Europe after World War II.

OPEC Organisation of the Petroleum Exporting Countries. Organisation of eleven developing

countries whose economies rely on oil export revenues. Created in 1960 to, inter alia,
achieve stable oil prices, which are fair and reasonable for both producers and consumers.

Open-ended Said of a meeting or a group which is not time-bound (unless specified otherwise) and
participation is not restricted.

Party Refers to a State (or regional economic integration organisation such as the European Union)
that has ratified, acceded to, or otherwise formally indicated its intent to be bound by an
international agreement, and for which the agreement is in force. Also called ‘Contracting
Party.’ While most Parties have signed the instrument in question, it is not usually a
necessary step in order to become a Party (see ‘accession’).

Persistent organic Also referred to as POPs. Chemicals which remain intact in the environment for long periods
pollutants of time. Regulated under the Stockholm Convention.

Plenary The main meeting format of a Conference of the Parties or a Subsidiary Body. Decisions or
recommendations approved by sub-sets of the plenary have to be forwarded to the plenary
for formal final adoption.

Plenipotentiary A person who is entrusted with full authority to act on behalf of his or her government or
other organisation, for example, an ambassador.

Poverty Reduction Country-led, country-written document that provides the basis for assistance from the World
Strategy Paper Bank and the International Monetary Fund (IMF), as well as debt relief under the Heavily
Indebted Poor Country initiative. A Poverty Reduction Strategy Paper describes a country’s
macroeconomic, structural, and social policies and programs to promote growth, and the
country’s objectives, policies, and measures for poverty reduction.

48 Multilateral Environmental Agreements:

 Preamble Set of opening statements, called ‘recitals,’ of an international agreement, decision,
resolution, or recommendation that guides the interpretation of the document. Often
contrasted with the operative paragraphs.

Precautionary Approach/principle according to which the absence of full scientific certainty shall not
approach/ principle be used as a reason for postponing action where there is a risk of serious or irreversible
harm to the environment or human health. The approach/principle is embedded in several
instruments, including Principle 15 of the 1992 Rio Declaration on Environment and
Development. Whereby the precautionary approach is often used in negotiations to infer a
less definite meaning than the precautionary principle.

PrepCom Preparatory Committee. A committee mandated to prepare a meeting. It can be mandated

to address substantive issues or not. The phrase is often used to refer to the meetings of the
preparatory committee.

Pre-session Documents prepared by the Secretariat for distribution before a meeting. These include draft
document decisions, resolutions, recommendations, non-papers, information documents (INF. docs),
etc.

Prior informed Consent to be acquired prior to accessing genetic resources or shipping internationally
consent regulated chemicals, substances or products. Granted by competent authorities on the
basis of the information provided by the partners to a prior informed consent agreement.
The notion is linked to the principle of the Advanced Informed Agreement.

Protocol 1) International legal instrument appended or closely related to another agreement, which
constitutes a separate and additional agreement and which must be signed and ratified by
the Parties to the convention concerned. Protocols typically strengthen a convention by
adding new, more detailed commitments. 2) Rules of diplomatic procedure, ceremony and
etiquette. 3) Department within a government or organisation that deals with relations with
other missions.

Quorum The minimum number of Parties or members that must be present for a meeting to start
or decisions to be made. The quorum is stated in the rules of procedure, and it may be
expressed in absolute numbers or as a percentage of an overall number (e.g. 60% of the
Parties).

Ramsar Shorthand for the Ramsar Convention on Wetlands of International Importance Especially as
Waterfowl Habitat. Adopted in 1971, entered into force in 1975.

Ramsar List List of Wetlands of International Importance. List of wetlands, which have been designated
by the Parties to the Ramsar Convention as internationally important according to one or
more of the criteria that have been adopted by the Conference of the Parties.

Ramsar Site Wetlands designated by the Contracting Parties to the Ramsar Convention for inclusion in
the Ramsar List because they meet one or more of the Ramsar criteria.

Rapporteur 1) Delegate (more specifically, a member of the Bureau) elected/nominated to prepare

or oversee the preparation of the report of a meeting. 2) Person appointed by a body to
investigate and issue or function and report back to that body.

Ratification Formal process by which a Head of State or appropriate governmental official or authority
signs a document which signals the consent of the State to become a Party to an
international agreement once the agreement has entered into force and to be bound by its
provisions.

Recitals Set of opening statements of an international agreement, decision, resolution, or

recommendation that guides the interpretation of the document. Also referred to as
‘preamble’ or ‘preambular paragraphs.’

Recommendation Formal expression of an advisory nature of the will of the governing body of an international
organisation or international agreement. It is not binding.

Resolution Formal expression of the opinion or will of the governing body of an international
organisation or international agreement. Usually non-binding.

A Handbook for Afghan Officials 49

 Rio Conference Shorthand for the United Nations Conference on Environment and Development (UNCED)
held in Rio de Janeiro, Brazil, in 1992. The outcomes of the Conference include:

• The UN Framework Convention on Climate Change (UNFCCC),

• The Convention on Biological Diversity (CBD),
• Agenda 21,
• Establishment of the Commission on Sustainable Development (CSD),
• The Rio Declaration on Environment and Development
• The Non-Legally Binding Authoritative Statement of Principles for a Global Consensus
on the Management, Conservation and Sustainable Development of all Types of Forests
(also known as ‘the Forest Principles’).

UNCED also led to the negotiation and adoption of the UN Convention to Combat
Desertification (UNCCD).

Rio Conventions Used to designate the conventions negotiated and adopted during the Rio Conference in
1992. These were the Convention on Biological Diversity (CBD) and the UN Framework
Convention on Climate Change (UNFCCC), to which the UN Convention to Combat
Desertification (UNCCD), adopted in1994, was also added.

Secretariat The body established under an international agreement to arrange and service meetings of
the governing body of that agreement, and assist Parties in coordinating implementation of
the agreement. Also performs other functions as assigned to it by the agreement and the
decisions of the governing body.

Session Meeting or series of meetings of a particular body (e.g. Eighth Special Session of UNEP
Governing Council; ‘working group II met in four sessions’).

Shall As negotiating language, ‘shall’ creates an obligation for action for the addressee. It is
binding.

Should As negotiating language, ‘should’ entails an advice, not an obligation, to do something.

However, while non-binding, it implies a stronger imperative than ‘may.’

Side events Events taking place concurrently with a meeting. Usually in the form of discussion
panels, workshops, seminars, launches, etc. Organised either by the Secretariat, States,
international organisations or nongovernmental organisations.

Signatory A State that has negotiated and signed an international agreement.

Soft law The term used for quasi-legal instruments that do not have any binding force, or those whose
binding force is somewhat ‘weaker’ than the binding nature of traditional law, often referred
to as ‘hard law’. In the field of the international law, soft law consists of non-treaty obligations
which are therefore non-enforceable and may include certain types of declarations,
guidelines, communications and resolutions of international bodies. (e.g. resolutions of the
UN General Assembly). Soft law may be used to encourage broader adhesion to a proposal.

Special session A session of a body outside and additional to its regularly scheduled sessions. Focused on a
particular issue.

Steering Committee Restricted group of individuals planning the work of a major meeting. Deals exclusively with
procedural matters.

Sub-committee Committee created by another committee to address a specific issue.

Subsidiary body A body, usually created by the governing body of an international agreement or international
organisation, with a specific mandate (e.g. Subsidiary Body for Scientific, Technical and
Technological Advice under the Convention on Biological Diversity). Different from a working
group in that it is usually permanently established to assist the governing body.

Summit Meeting at which the participants are high-level officials, such as Heads of State or
government.

Sustainable Development that meets the needs of the present without compromising the ability of future
development generations to meet their own needs.

50 Multilateral Environmental Agreements:

 Sustainable use Use in a way, and at a rate, that does not lead to the long-term degradation of the
environment, thereby maintaining its potential to meet the needs and aspirations of present
and future generations.

Technology transfer Transmission of know-how, equipment and products to governments, organisations or other
stakeholders. Usually also implies adaptation for use in a specific cultural, social, economic
and environmental context.

Traditional The knowledge, innovations and practices of indigenous people and local communities.
knowledge Traditional knowledge is the object of various MEA provisions, including Article 8(j) of the
Convention on Biological Diversity (CBD).

Transboundary Movement from an area under the national jurisdiction of one State to or through an area
movement under the national jurisdiction of another State or to or through an area not under the
national jurisdiction of any State.

Treaty International agreement concluded between States in written form and governed by
international law, whether embodied in a single instrument or in two or more related
instruments and whatever its particular designation (Vienna Convention on the Law of
Treaties).

Working group 1) During a meeting, a sub-division of the plenary mandated to negotiate specific issues
of the agenda, usually arranged by clusters. Open to all Parties. 2) Between meetings, a
subsidiary body established by the governing body of an international agreement to provide
it with advice on specific issues. These working groups can be open-ended and meet
periodically or be time-bound and meet once only. Open to all Parties (e.g. the Ad Hoc
Open-Ended working group on Access to Genetic Resources and Benefit Sharing under the
Convention on Biological Diversity).

Working paper Informal paper used during a meeting to support negotiations.

WSSD World Summit on Sustainable Development. Held in 2002, in Johannesburg, South Africa.
The outcomes of the WSSD are:

• The Johannesburg Declaration on Sustainable Development,

• The Johannesburg Plan of Implementation,
• Type II Partnerships.

WTO World Trade Organisation. An international organisation established in 1995 to provide a

forum for trade negotiations, handle trade disputes, monitor national trade policies and
provide technical assistance and training for developing countries, among others.

Source: Glossary of Terms for Negotiators of Multilateral Environmental Agreements, UNEP.

A Handbook for Afghan Officials 51

Annex 2: Checklist for an MEA Negotiator
1. Before you leave Kabul

– Familiarise yourself thoroughly with the relevant convention text, rules of procedure, COP decisions
and other relevant documents. Use the internet and NEPA and MAIL libraries as a source of
information. You can also seek advice and assistance from the UNEP office, if required.
– Underline texts that are relevant for your own position on key issues, so that you can cite them
without having to search for the appropriate texts.
– Have a clear brief outlining what the Afghan Government’s policy position is on the issues to be
discussed at the meeting, and the expectations as to what will be achieved.
– Ask the UNEP Kabul office for help, if you need assistance preparing.

2. During the Negotiations

– Prepare thoroughly for each negotiating session.

– If you are alone on your delegation, you should focus on one or two critical issues for your country
and choose the most appropriate plenary session.
– If you cannot make sense of all the informal processes, speak to the NGOs from your region and
ask them for a briefing. Look for regional or international NGOs to help – they generally sit at the
back of the room.
– In the long-term, it is absolutely imperative to make coalitions with other Parties and share
participation in the informal processes.
– Attend the strategy meetings of the Asia Group (to which Afghanistan belongs). Also, attend the
regular sessions of the G-77 and China Group, as well as the LDC Group.
– Master the internal procedures and workings of the group. Be active within the group.
– Familiarise yourself with other Parties’ positions to understand what to expect.
– Read miscellaneous documents that cover country positions on specific issues.

3. When you Return to Kabul

– Keep a diary during the negotiations and record the proceedings and in particular keep a detailed
record of how you have negotiated. This will be extremely valuable information for your successor
in future negotiation rounds.
– Feed back Afghanistan’s position to policy makers at the national level.
– Provide a written mission report to the focal point of the MEA and other relevant persons.

52 Multilateral Environmental Agreements:

Annex 3: Useful MEA Internet Sites

Official websites

• Basel Convention
Basel Convention on the control of Transboundary Movements of Hazardous Wastes and their
Disposal.
www.basel.int

• CITES
Convention on International Trade in Endangered Species of Wild Fauna and Flora.
www.cites.org

• Convention on the Conservation of Migratory Species of Wild Animals

Official website for the convention (also known as the Bonn Convention).
www.cms.int

• OzonAction Programme.
UNEP’s Division of Technology, Industry and Economics. The programme seeks to strengthen the
capacity of governments and industry in developing countries to meet the Montreal Protocol.
www.unep.fr/en/branches/ozonaction.htm

• The Ramsar Convention on Wetlands

www.ramsar.org

• The Rotterdam Convention on Prior Informed Consent

www.pic.int

• Stockholm Convention on Persistent Organic Pollutants

www.pops.int

• United Nations
Official website for the UN. Includes a section on Civil Society-UN relations.
www.un.org

• United Nations Convention to Combat Desertification

Official website for the UNCCD convention. Includes resources for NGOs.
www.unccd.int

• United Nations Environment Programme

www.unep.org

• United Nations Framework Convention on Climate Change.

www.unfccc.int

• Vienna Convention and

the Montreal Protocol
Official website of the Ozone Secretariat.
www.unep.org/ozone

A Handbook for Afghan Officials 53

Reporting websites
• Linkages and Earth Negotiations Bulletin
Provides the latest news and information from international environmental and sustainable
development negotiations.
www.iisd.org

NGO websites
• Arab Network for Environment and Development
The objective of the organisation is to coordinate between regional community organisations in the
exchange of skills, experiences and information.
www.aoye.org/Raed/raed.html

• Friends of the Earth International

FoEI works to create networks of environmental, consumer, and human-rights organisations
worldwide.
www.foei.org

• Greenpeace International
The mission of Greenpeace is to ensure that our planet can sustain and nurture life in all its diversity. The
website also provides links to the sites of over forty national Greenpeace offices.
www.greenpeace.org

• Third World Network

A network of organisations and individuals involved in issues relating to development, the Third World
and North-South issues.
www.twnside.org.sg

• The World Conservation Union

Unique, in that IUCN is recognised as an intergovernmental organisation within the UN system. Its
members from some 140 countries include 77 States, 114 government agencies, and 800-plus
NGOs. Its mission is to influence, encourage and assist societies throughout the world to conserve
the integrity and diversity of nature and to ensure that any use of natural resources is equitable and
ecologically sustainable.
www.iucn.org

• World Wide Fund for Nature

WWF’s mission is to stop the degradation of the planet’s natural environment and to build a future in
which humans live in harmony with nature.
www.panda.org

Guidance Materials
• For the Basel Convention

– Model national legislation:

www.basel.int/pub/modlegis.pdf

– Guidance document on Transboundary Movements of Hazardous Wastes Destined for Recovery

Operations:
www.basel.int/meetings/sbc/workdoc/old%20docs/guidelns.pdf

54 Multilateral Environmental Agreements:

 – Guide to the Control System (Instruction Manual) (1998)
www.basel.int/pub/instruct.doc

– Guidance document on the Preparation of Technical Guidelines for the Environmentally Sound
Management of Wastes subject to the Basel Convention
www.basel.int/meetings/sbc/workdoc/framewk.doc

– Other Legal, Technical, and Scientific Guidelines, Guidance, and Training Manuals are available
in some or all of the six UN languages at
www.basel.int/meetings/sbc/workdoc/techdocs.html

• For CITES:

– Checklist of CITES Species and Annotated CITES Appendices (2005)

www.cites.org/common/resources/2005_CITES_CheckList.pdf

– Identification Manuals (for Flora and for Fauna)

www.cites.org/eng/resources/publications.shtml

– CITES Identification Guides

www.cws-scf.ec.gc.ca/enforce/species_e.cfm

– Identification Guide for Ivory and Ivory Substitutes

www.cites.org/eng/resources/pub/E-Ivory-guide.pdf

– CITES World (thematic newsletter, which provides guidance;

available in English, French, and Spanish)
www.cites.org/eng/news/newsletter.shtml

– Evolution of CITES (providing guidance on CITES issues)

http://www.cites.org/eng/resources/publications.shtml

• For the Convention on Biological Diversity (CBD):

– Handbook of the Convention on Biological Diversity, by CBD Secretariat (3rd ed. 2005)
www.clod.int/handbook/

– Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of Benefits Arising
out of the Utilization
http://www.cbd.int/decisions/?m=cop-06&d=24

– An Explanatory Guide to the Cartagena Protocol on Biosafety by Ruth Mackenzie et al. (2003)
(in English, French, Russian, and Spanish) (IUCN 2003)
www.iucn.org/themes/law/pdfdocuments/Biosafety%20Guide/Biosafetyguide-prelims.pdf

– Guidelines for Incorporating Biodiversity-Related Issues into Environmental Impact Assessment

Legislation and/or Processes and in Strategic Environmental Assessment (in English; in conjunction
with the Espoo Convention)
www.unece.org/env/eia/documents/links_between_conventions/decisionvi7of6thcopofcbd.pdf

• For Vienna Convention and the Montreal Protocol (the Ozone MEAs)
http://www.uneptie.org/Ozonaction/

A Handbook for Afghan Officials 55

• For the Rotterdam Convention on the Prior Informed Consent Procedure (PIC)

– Decision Guidance Documents, for various chemicals (English, French, and Spanish)
www.pic.int/en/Table7.htm

• For the Stockholm Convention on Persistent Organic Pollutants (POPs)

– Ridding the World of POPs: A Guide to the Stockholm Convention on Persistent Organic Pollutants
(2002, in the six UN languages)
www.pops.int/documents/guidance/

– Interim Guidance for Developing a National Implementation Plan for the Stockholm Convention
(Revised ed. 2003, in five UN languages)
www.pops.int/documents/implementation/nips/guidance/default.htm

– Various Guidelines relating to identification and management of chemicals covered by the

Stockholm Convention (including dioxins, furans, PCBs, and pesticides)
http://www.pops.int/documents/guidance/

• For the UN Framework Convention on Climate Change (UNFCCC):

– Understanding Climate Change: A Beginner’s Guide to the UN Framework Convention (1994)

Provides a basic overview of the Convention and its rationale
http://unfccc.int/resource/beginner.html

– Good Practice Guidance and Uncertainty Management in National Greenhouse Gas Inventories
(2000)
http://www.ipcc-nggip.iges.or.jp/public/gp/english/

– Good Practice Guidance for Land Use, Land-Use Change and Forestry (2004)
http://www.ipcc-nggip.iges.or.jp/lulucf/gpglulucf_unedit.html

56 Multilateral Environmental Agreements:

Further information

Further technical information may be obtained from

the UNEP Post-Conflict and Disaster Management Branch website:
http://postconflict.unep.ch/