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					 DEPARTMENT OF SCIENCE AND TECHNOLOGY
       REPUBLIC OF SOUTH AFRICA




   Report on the Science and Technology
implications of key Multilateral Environmental
             Agreements (MEAs)




                22 March 2005
Final Report on Science and Technology Implications of MEAs                                                By Lala Steyn




                                                Table of contents
Executive Summary ....................................................................................................... 4
  Introduction and methodology ................................................................................... 4
  Johannesburg Plan of Implementation (JPOI) and the Millennium Development
  Goals (MDG) ............................................................................................................. 4
  Biodiversity cluster .................................................................................................... 5
  Climate change and atmosphere cluster ..................................................................... 7
  Chemicals/hazardous waste cluster............................................................................ 9
  Prioritisation of MEA related DST work ................................................................. 10
  Role of DST re MEAs.............................................................................................. 12
B. Analysis of S&T implications of key MEAs ......................................................... 15
  1. Background on MEAs.......................................................................................... 15
     1.1 Overview ........................................................................................................ 15
     1.2 Johannesburg Plan of Implementation (JPOI) and the Millennium
     Development Goals (MDG .................................................................................. 15
  2. Key Biodiversity Convention and Protocol - Convention on Biological Diversity
  (CBD) and the Cartagena Protocol .......................................................................... 18
     2.1 Locating the CBD within the context of other biodiversity related MEAs ... 18
     2.2 Objective and importance of CBD for SA ..................................................... 20
     2.3 S&T implications and agenda of the CBD .................................................... 22
     2.4 Objective and importance of Cartagena Protocol on Biosafety for SA ......... 26
     2.5 S&T implications of Biosafety Protocol ........................................................ 29
     2.6 Key issues on 2005 international agenda and calendar of events for the CBD
     and Biosafety Protocol ......................................................................................... 30
     2.7 DST work that relates to the CBD and Biosafety Protocol ........................... 31
     2.8 Policy implications and gaps ......................................................................... 33
     2.9 Overlap with/link to other MEAs .................................................................. 33
     2.10 Prioritisation for DST .................................................................................. 33
  3. MEAs relating to Climate Change and the Atmosphere – United Nations
  Framework Convention for Climate Change (UNFCCC), Kyoto Protocol and
  Montreal Protocol .................................................................................................... 35
     3.1 Objective and importance of UNFCCC for SA ............................................. 35
     3.2 Objective and importance of the Kyoto Protocol for SA ............................... 38
     3.3 Objective and importance of the Montreal Protocol for SA .......................... 41
     3.4 S&T implications and agenda of the UNFCCC and Kyoto ........................... 43
     3.5 Key issues on 2005 international agenda and calendar of events of the
     UNFCCC, Kyoto and Montreal ........................................................................... 45
     3.6 DST work that relates to the UNFCCC and the Kyoto Protocol ................... 47
     3.7 Policy implications and gaps ......................................................................... 48
     3.8 Overlap with/link to other MEAs .................................................................. 49
     3.9 Prioritisation for DST .................................................................................... 49
  4. MEAS re chemical and hazardous waste management – Basel, Rotterdam and
  Stockholm Conventions ........................................................................................... 50
     4.1 Overview on international agreements re chemical and hazardous waste
     management ......................................................................................................... 50
     4.2 Objective and importance for SA of the Basel Convention on the Control of
     Transboundary Movements of Hazardous Wastes and their Disposal ................ 53
     4.3 Objective and importance of the Rotterdam Prior Informed Consent (PIC)
     Convention for SA ............................................................................................... 56


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Final Report on Science and Technology Implications of MEAs                                                   By Lala Steyn


     4.4 Objective and importance of the Stockholm Convention on Persistent
     Organic Pollutants (POPs) Convention for SA .................................................... 57
     4.5 Overview of key elements of the Basel, Rotterdam and Stockholm and how
     they relate to each other ....................................................................................... 59
     4.6 S&T implications and agenda of Basel, Rotterdam and Stockholm
     Conventions ......................................................................................................... 61
     4.7 Key issues on 2005 agenda and calendar of events for Basel, Rotterdam and
     Stockholm Conventions ....................................................................................... 63
     4.8 DST work that relates to the chemical Conventions ...................................... 64
     4.9 Policy implications and gaps ......................................................................... 64
     4.10 Overlap with/link to other MEAs ................................................................ 65
     4.11 Prioritisation for DST .................................................................................. 65
  5. Marine related MEAs ........................................................................................... 67
     5.1 Overview of marine management in SA and international agreements SA has
     acceded to or ratified ............................................................................................ 67
     5.2 Background to international marine law and agreements .............................. 68
     5.3 Objective and importance to SA of the United Nations Law of the Sea
     Convention (UNCLOS) and the Agreement Relating to the Conservation and
     Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (Fish
     Stocks Agreement) ............................................................................................... 69
     5.4 Objective and importance to SA of the Antarctic Treaty and the Convention
     on the Conservation of Antarctic Marine Living Resources (CCAMLR) ........... 70
     5.5 Objective and importance to SA of the International Convention for the
     Regulation of Whaling (ICRW) ........................................................................... 72
     5.6 Objective of the International Convention for the Conservation of Atlantic
     Tunas (ICCAT) .................................................................................................... 72
     5.7 Objective of the Convention on the Conservation and Management of
     Fishery Resources in the South East Atlantic Ocean (The SEAFO convention) 73
     5.8 Objective of the Convention on the Prevention of Marine Pollution by
     Dumping of Wastes and other Matter (the London Convention) and the 1996
     Protocol ................................................................................................................ 73
     5.9 Objective of the Convention for the Protection, Management and
     Development of the Marine and Coastal Environment of the East African Region
     and Related Protocols (Nairobi Convention) ....................................................... 74
     5.10 Objective of the Convention for the Protection and Development of the
     Marine and Coastal Environments of the West and Central African region and
     related Protocol (Abidjan Convention) ................................................................ 75
     5.11 Objective of the SADC Protocol on Fisheries ............................................. 76
     5. 12 S&T implications and agenda of some of the marine agreements .............. 77
     5.11 Key issues on 2005 agenda and calendar of events ..................................... 78
     5.12 DST work that relates to the marine Conventions ....................................... 79
     5.13 Overlap with/link to other MEAs ................................................................ 80
     5.14 Prioritisation for DST .................................................................................. 80
  6. Other Biodiversity related MEAs ........................................................................ 82
     6.1 UNCCD.......................................................................................................... 82
     6.2 Ramsar Convention on Wetlands of International Importance especially as
     Waterfowl Habitat ................................................................................................ 84
     6.3 Convention on International Trade in Endangered Species of Wild Fauna and
     Flora (CITES ........................................................................................................ 86
  7. Role of DST and the Multilateral Unit regarding MEAs ..................................... 87


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Final Report on Science and Technology Implications of MEAs                                     By Lala Steyn


  Annexure A: People interviewed ............................................................................. 88




Executive Summary

Introduction and methodology

This report identifies and discusses the science and technology (S&T) implications of
19 identified Multilateral Environmental Agreements (MEAs). It provides a more in-
depth discussion on the following – the Convention on Biological Diversity and
related Cartagena Protocol, the United National Convention on Climate Change and
related Kyoto Protocol; and the chemicals/hazardous waste cluster - Basel, Rotterdam
and Stockholm Conventions. It addresses the following issues for each
Convention/MEA:
     Objective of Convention and importance to SA
     S &T implications and agenda of Convention
     Key issues on international agenda for 2005 on this Convention
     What work DST is already doing on this Convention
     Policy implications and gaps
     Overlap with/link to other MEAs
     Prioritisation for DST

It is important to understand that this report just tackles one sector in which the
Multilateral Unit, that contracted the writing of this report, engages – that of MEAs.
It does not address other aspects of their work such as engagement with multi-lateral
forums such as OECD and various UN institutions about S&T, or engagement on
trade related agreements. We are thus only seeing one aspect of the picture. In the
same way that if we plan to climb a mountain based on only one view of it, the path
taken could lead to a dead end, so to could our conclusions be limited by our present
view. Recommendations about prioritisation of MEA-related work should be
reviewed once the other phases of the work have been undertaken.

The methodology followed to complete this rapid assessment was
    Identification of the most important MEAs through discussion with MC,
      DEAT and key officials within DST working on MEAs.
    Review of the identified Conventions and MEAs and existing documentation
      on them that deals with the S&T implications (such documentation will be
      sourced from DST, other departments, and the Internet)
    Interviews with an agreed list of people within DST and key informants from
      other departments/science councils
    Working session with key DST and DEAT staff to discuss the S&T
      implications of various MEAs and how DST should engage around them

Johannesburg Plan of Implementation (JPOI) and the Millennium
Development Goals (MDG)



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Final Report on Science and Technology Implications of MEAs                       By Lala Steyn


This report provides a brief overview of the importance of these two global target
setting commitments as they provide a framework for what the global community has
committed to achieving regarding sustainable development.

The JPOI and MDG provide global targets for addressing poverty and advancing
sustainable development. Technological innovations advance development in two
ways – by increasing productivity that raises global incomes (MDG 1) and by
providing solutions to problems of disease, transport, water supply, energy, sanitation,
information and communications technology for education, all important for
achieving MDGs 2 – 7.

Investments in technological innovations deserve high priority because they can
overcome the constraints of low incomes and weak institutions. For example, though
the 1980s saw limited poverty reduction and stagnant economic growth in most of the
developing world, child deaths were cut due to technological interventions:
immunizations and oral re-hydration therapy. This is why some developed countries
are emphasizing sharing the fruits of scientific and technological progress as one of
the most important ways that rich countries can help poor countries fight poverty. By
opening access to technologies for developing countries, it is argued that rich
countries can make a significant contribution to attainment of the MDG1.

This emphasis can strengthen SA‘s hand in making the argument for why and how
developed nations should speed up the process of technology transfer and capacity
building provided for in many MEAs. By developing a link between the MDG/JPOI
and specific requirements in MEAs about technology transfer, SA may be able to
strength its ability to take up the opportunities afforded by various MEAs.


Biodiversity cluster

The report addresses the following Conventions, Protocols and Agreements
1. Convention on Biological Resources (CBD 1993)
     Key biodiversity convention, NB to SA due to our high biodiversity and
        vulnerability
     SA participates in various structures/forums – e.g. SBSTTA, Working group
        on ABS
2. Cartagena Biosafety Protocol (2003)
     GMOs: procedures for transport & handling, risk assessment, NB trade impact
     Clearing House Mechanism: DoA, DEAT responsible if SA not compliant
     Protocol doesn‘t deal with all aspects of biosafety and SA has to look into
        these
3. Marine
     UNCLOS (1982), Fish Stock Agreement, Antarctica, Whaling & 7 others
4. Others:
     Desertification: important to southern Africa due to increased degradation of
        natural resource base leaving poor very vulnerable; financial & technical
        support issues
     CITES: regulation of trade in endangered species

1
    United Nations Human Development Report, 2003, Millennium Development Goals


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Final Report on Science and Technology Implications of MEAs                      By Lala Steyn


       Ramsar: conservation & wise use of wetlands that provide essential ecosystem
        services, good scientific base & programs

Key S&T aspects of the CBD can be briefing summarised as:
    Science base critical to understand conservation and sustainable use of
      biodiversity
    Access to genetic resources (Article 15), benefit sharing, biotechnology and
      intellectual property (Arts 16 & 19), indigenous and local communities (Art
      8(j))
    Technology transfer and technical/scientific cooperation (Articles 16 – 18)
            o   each Contracting Party "undertakes…to provide and/or facilitate access for
                and transfer to other Contracting Parties of technologies that are relevant to
                the conservation and sustainable use of biological diversity or make use of
                genetic resources and do not cause significant damage to the
                environment―(16(1)).
            o   access to and transfer of technology to developing countries "shall be
                provided and/or facilitated under fair and most favourable terms, including on
                concessional and preferential terms where mutually agreed, and, where
                necessary, in accordance with the financial mechanism established by
                Articles 20 and 21‖ (16(2)).

Key S&T aspects of the Biosafety Protocol can be briefing summarised as:
    Scientific information underpins biosafety decisions (e.g. Art 15)
    Exchange of scientific information to be facilitated (Art 20)
    Cooperation around capacity building
            o   Cooperation in capacity-building shall, subject to the different situation,
                capabilities and requirements of each Party, include scientific and technical
                training in the proper and safe management of biotechnology, and in the use
                of risk assessment and risk management for biosafety, and the enhancement
                of technological and institutional capacities in biosafety (22(b)).

The following areas of biodiversity S&T focus and gaps were identified
    Biodiversity is a science mission area and DST supports a range of S&T
       activities to understand conservation & sustainable use & vulnerability;
       biodiversity recognised as a megascience
    SA recognized internationally as leaders
    Significant GEF funding in SA for biodiversity
    Biotechnology: biotechnology strategy, various activities
    IKS: IKS policy (2004), scientific validation of IK
    IPR protection of publically funded research: gap
    Biosafety: gap with Innovation centre seeking to establish platform in
       biosafety and south-south cooperation
    Being developed: National Technology Transfer Strategy
    Marine arena less scientific convergence
           o Antarctic clear focus of DST with Antarctic research Strategy, rest of
                marine unclear
           o Significant scientific research by various institutes, universities etc

In summary the following key S&T issues were identified within the biodiversity
cluster
     CBD



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Final Report on Science and Technology Implications of MEAs               By Lala Steyn


           o Networked scientific activity - SA scientific community, DEAT &
               DST well networked and able to ID gaps and plan to resolve these
           o IPR – IP policy for management of publically funded research; sui
               genesis system; scientific validation to patent IKS
           o Is technology transfer opportunity being fully realised? This question
               is asked in relation to:
                    Do we have all we need?
                    Opportunities for technology transfer in south-south
                       cooperation settings: Is SA compliant with transferring our
                       technology?
                    Proliferation and use of technology
                    Adaptation and diffusion of technology (costly)
           o Research on interface between terrestrial, marine, & aquatic
       Biosafety Protocol
           o Biotechnology to meet biosafety requirements re GMOs – need
               biosafety implementation and inter-departmental coordination
       Marine
           o Wide range of scientific endeavor; DST: Antarctic research
       Others
           o Desertification: measures to address expanding desertification, needs
               new impetus
           o Ramsar: To complement WRC effort, specific slice of work needed on
               application of environmental flows, testing and refinement in the field
           o CITES: increase enforcement capacities


Climate change and atmosphere cluster

The report addresses the following Convention and Protocols
1. UN Framework Convention on Climate Change (1994)
     Climate change caused by humans one of most pressing environmental
       problems
     UNFCCC provides framework: nations to stabilise their GHG emissions;
       divides developed and developing countries responsibilities
     Various structures/forums – IPCC; SBSTA, Expert Group on Technology
       Transfer; In SA: Interdepartmental CCC; SA Global Change Committee;
       Advisory Body of CC; Joint Implementation Committee on bio-diesel
     SA economy coal dependent, amongst top 20 emitting nations
     UK pushing climate change on global agenda raises certain opportunities for
       SA
2. Kyoto Protocol (2005)
     Developed nations to cut GHG emissions
3. Montreal Protocol (1992)
     Measures to protect the ozone layer
     SA to phase out methyl bromide of approximately 1 07 tons by 2015

Key S&T aspects of the UNFCCC and Kyoto can be briefing summarised as:
    UNFCCC deeply scientific, technical, complex and cross-sectoral
    Technology transfer



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Final Report on Science and Technology Implications of MEAs               By Lala Steyn


           o The developed country Parties and other developed Parties included in
               Annex II shall 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 (Art 4.5 of UNFCCC & echoed in Art 10 (c) of Kyoto)
           o Technology needs assessment to identify and determine the mitigation
               and adaptation technology priorities – SA presently busy with this
       Adaptation – all parties take measures to facilitate adaptation (Art 4)
       Funding – financial resources to meet costs of developing countries to be
        provided by Annex II nations (Art 4(3), 12(8))
       CDM (Art 12)

The following areas of climate change S&T focus and gaps were identified
    Research in support of adaptation and mitigation responses
    Supporting establishment of Clean Development Mechanism institutions &
       procedures with DME
           o Developed nations pay for projects in developing nations to cut
               emissions & this counts towards them meeting their obligations
           o DME is the DNA & DST active member of Steering Committee
    Observation research re climate change impact
    In progress: Energy R&D strategy, establishment of National Energy Research
       Institute (NERI) & renewable energy strategy
    Technology needs assessment: technology transfer R&D strategy needed
    DEAT has an approved climate change response strategy and an action plan is
       being developed

In summary the following key S&T issues were identified within the climate change
cluster
     Adaptation to climate change and mitigation
            o SA has developed prediction ability but adaptation strategies need
                focus
     Clean Development Mechanism
            o How to link to technology transfer?
     Technology transfer
            o Technology needs assessment taking place in SA presently:
                opportunity that needs to be taken up
     Financial support
            o Climate change fund needs activation, specifically funds are needed to
                implement obligations re the Montreal Protocol
     R&D needed into feasible alternatives to methyl bromide & other ozone
        depleting substances
     Lack of scientific convergence around climate change and higher level of
        research impetus needed
            o Need to ID gaps (e.g. emission data) and research priorities, coordinate
                research
            o Reconsider relation between scientists and govt, and with UNFCCC
                structures




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Final Report on Science and Technology Implications of MEAs                      By Lala Steyn



Chemicals/hazardous waste cluster

The report addresses the following Conventions
 Chemicals and hazardous waste pose unanticipated hazards and have caused and
   continue to cause serious damage to people and the environment
 Basel Convention (1992) – movement & disposal of hazardous waste
 Rotterdam Convention on Prior Informed Consent (PIC or Rotterdam, 2004 ) –
   export of chemicals requires prior informed consent of importing country
 Stockholm Convention on Persistent Organic Pollutants (POPs or Stockholm,
   2004) – protect human health & environ from 12 POPs

Key S&T aspects of the Basel, Rotterdam and Stockholm Conventions can be briefing
summarised as:
    Rely on science as basis of decisions
    Technology transfer
         o Stockholm - Provides that developing countries will not be held
             responsible for not meeting the obligations of the Convention if timely
             and appropriate technical and financial assistance and technology
             transfer is not provided.
                       ―The extent to which the developing country Parties will effectively
                        implement their commitments under this Convention will depend on
                        the effective implementation by developed country Parties of their
                        commitments under this Convention relating to financial resources,
                        technical assistance and technology transfer. The fact that sustainable
                        economic and social development and eradication of poverty are the
                        first and overriding priorities of the developing country Parties will
                        be taken fully into account, giving due consideration to the need for
                        the protection of human health and the environment‖ (Art 13.4).
       Rotterdam – Technology assistance to developing countries for infrastructure
        and capacity (Art 16)
       Basel – regional centres for training and technology transfer (Art 14)

The following areas of chemicals/hazardous waste S&T focus and gaps were
identified:
     No structured & networked approach to managing science and research
        agenda
     No chemicals/hazardous waste management R&D policy
     SA‘s analytical abilities and government‘s technical capacity (discharge
        permit conditions) limited – need to stimulate new scientist into this field and
        find international best practice re discharge standards for air, water & soil

In summary the following key S&T issues were identified within the
chemicals/hazardous waste cluster:
     Need to re-invigorate and coordinate research to answer questions such as:
          o What are impacts on human health & environment in SA?
          o How can these impacts be mitigated?
          o How to dispose of chemicals/hazardous waste?
          o Can organic products be a basis for a new chemical sector?
     Need to unpack and develop strategy to take up technology transfer
      opportunity



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Final Report on Science and Technology Implications of MEAs               By Lala Steyn


       Need to consider SA‘s participation in structures, e.g. POPROCK, SA is on
        PIC review committee
       DEAT – National Implementation Plan


Prioritisation of MEA related DST work

To be able to identify the most important Conventions and make recommendations
about prioritizing them for DST, criteria had to be developed. The following criteria
were used:
   1. There needs to be a fit with the overarching direction that DST has adopted –
       i.e. the National Research and Development Strategy.
   2. The MEA should be of national strategic importance - i.e. it should not be only
       important from an international perspective.
   3. Engagement on the S&T aspects of the MEA will make a contribution to the
       attainment of the MDG and the JPOI
   4. External demands – i.e. DST, and in particular MC, will be required by
       outside demands (such as compliance requirements of an MEA or need to
       attend certain international meetings and respond to issues on the international
       agenda) to respond to the MEA
   5. Opportunities – i.e. that the MEA offers certain S&T opportunities for existing
       DST work
   6. DST, and in particular the Multilateral Unit, should be able to make a useful
       contribution to the S&T issues raised by the MEA – i.e. if there is already
       sufficient attention being given to this issue, and MC can‘t add much value,
       then it should not be a priority for MC

Based on these criteria and the assessment provided above the following
recommendations are made:
 Focus on chemicals/hazardous waste management
 Focus on climate change: particularly technology transfer and adaptation
    strategies
 Develop strategy to take up the technology transfer opportunities available under
    most MEAs: look across MEAs for leverage
 Sustain and fine tune S&T effort re biodiversity
 Interrogate the marine aspect of biodiversity
 Secure research funding across MEAs

Specifically on the CBD the following recommendations
    The CBD is such an all encompassing Convention that touches many aspects
       of DST‘s work that it is already a priority. The challenge is identifying focus
       points for 2005 and for the medium and long term. Observation research is key
       to understanding the status of biodiversity, and this has to take place over the
       long term. The current emphasis within DST appears appropriate, but it is
       recommended that the following focus areas are re-emphasised:
    Discussing whether SA has adequately engaged in and taken up opportunities
       in the technology transfer arena, specifically:
           o Do we have all we need?
           o Opportunities for technology transfer in south-south cooperation
                settings


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Final Report on Science and Technology Implications of MEAs                By Lala Steyn


            o Is SA compliant with transferring our technology?
            o Proliferation and use of technology
            o Adaptation and diffusion of technology (costly)
       Identifying and addressing specific biodiversity gaps in collaboration with the
        existing biodiversity networks.
       Putting in place a policy and legislative framework for the management of
        intellectual property arising from publically funded research
       Taking the IKS Policy to a more detailed level, in particular scientific
        validation of indigenous knowledge
       Interventions in support of inter-department coordination around the
        implementation of the biosafety mechanisms for GMOs required by the
        Biosafety Protocol

Specifically on the UNFCCC and Kyoto the following
    It is recommended that the S&T issues as they relate to the UNFCCC and
       Kyoto be a priority for DST. The climate change research sector that has a
       solid science base needs to be re-invigorated so that dynamic networks re-
       emerge. Possible areas of intervention could include:
       o Development of a database of climate change research already taking
       o A process for identifying gaps and strategic research priorities and the
           funding mechanism to support this
       o More active involvement in identifying how to take up the technology
           transfer opportunities offered by the UNFCCC
       o Support to the Global Change Research Committee
       o Reconsider how SA reconfigures its relationship with the UNFCCC
           Assessment Body
       o Reconsider how SA scientists and the government work together around
           the UNFCCC and Kyoto

Specifically on the Basel, Rotterdam and Stockholm the following
    It is recommended that this chemicals/hazardous waste management cluster of
       MEAs is taken up by DST as a matter of priority. The reasons for this are:
       o The impacts of chemicals/hazardous waste on the environment (soil, water
           and air) and human health (particularly effected the poor) is significant,
           now and in the future.
       o There is no consolidated research base and science centre for these issues
       o There is a need for a structured and networked approach on the part of
           government to identify and manage the science and research agenda, and
           DST can play a role in facilitating this in collaboration with DEAT.
       o There are opportunity created by these MEAs for SA‘s science community
           through the provisions that provide for technology transfer, financial
           assistance and capacity building. These opportunities are not presently
           being taken up.
       o DEAT is busy with the process of developing an integrated
           implementation plan for this MEAs and this offers an opportunity for DST
           and DEAT to engage around DST‘s role.
       o Membership of the POPs Review Committee (POPROCK) is still being
           decided, and this offers SA the opportunity to place a scientist on this
           important structure so that SA‘s agenda can be pursued.



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Final Report on Science and Technology Implications of MEAs              By Lala Steyn



Role of DST re MEAs
The suggested roles for DST in relation to MEAs are:
    Identify what the S&T agendas of MEAs are and which to prioritise
    Feed S&T positions to DEAT for presentation in MEA forums
    Identify gaps & facilitate engagement between scientific community & DEAT,
       and stimulate R&D in these areas
    Identify MEA networks and facilitate information flows
    Facilitate interdepartmental coordination where lacking
    Develop and promote an MEA Technology Transfer R&D Strategy so that SA
       can take up the technology transfer opportunity in most MEAs
    What technology transfer opportunities to pursue
    Find fit with development partners
    Promote in various multilateral forums
    Represent SA directly in certain forums

Within DST the need was expressed for the development of a structured mechanism
between line functions and the Multilateral Unit. Multilateral was seen as fulfilling
the following roles:
     Provide interface between environmental multilateral space and DST line
        functions in following ways:
           o Develop in-house environmental competency
           o Develop database of who is doing what re MEAs
           o ID the relevant environmental networks & link in as appropriate
           o ID strategic S&T issues where focus/prioritisation is needed & provide
               analysis of where line functions should get involved
           o Facilitate the development of a structured and networked approach to
               identifying and managing a research agenda for the
               chemicals/hazardous waste sector
           o Contribute to development of MEA tech transfer R&D strategy
           o Provide briefing notes to line functions on topics of concern to them
               that arise from multilateral engagements
     Represent SA in certain forums




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Final Report on Science and Technology Implications of MEAs                   By Lala Steyn


A. Introduction and methodology

The vision of the Department of Science and Technology is to ―create a prosperous
society that derives enduring and equitable benefits from science and technology‖.
The objective of DST‘s Multilateral Cooperation Unit is to promote multilateral
cooperation and collaboration in science and technology between SA and a variety of
multi-lateral forums and institutions. As a member of the international community,
South Africa is signatory to various international conventions. One of the ways that
the Multilateral Unit is contributing to the vision of the Department is in identifying
areas where science and technology can be utilized in the implementation of various
United Nations‘ (UN) conventions including the Multilateral Environment
Agreements (MEAs).

As part of the process of unpacking how the Multilateral Unit will achieve its
objective it requested the services of a consultant to identify key UN conventions with
Science and Technology implications; and to investigate the Science and Technology
Agenda of these conventions. As the scope and scale of the initial ToR for this work
was broad ranging requiring some months of research, it was agreed to hone down the
task into different phases. Phase 1 involved undertaking an overview of the S & T
agendas and implications of a maximum of 15 Multilateral Environmental
Agreements (MEA). This report covers the 15 identified MEAs and provides a more
in-depth discussion on the most important of these. It addresses the following issues
for each Convention/MEA:
     Objective of Convention and importance to SA
     S &T implications and agenda of Convention
     Key issues on international agenda for 2005 on this Convention
     What work DST is already doing on this Convention
     Policy implications and gaps
     Overlap with/link to other MEAs
     Prioritisation for DST

It is important to understand that this report just tackles one sector in which the
Multilateral Unit engages – that of MEAs. It does not address other aspects of their
work such as engagement with multi-lateral forums such as OECD and various UN
institutions about S&T, or engagement on trade related agreements. We are thus only
seeing one aspect of the picture. In the same way that if we plan to climb a mountain
based on only one view of it, the path taken could lead to a dead end, so to could our
conclusions be limited by our present view. I thus have made tentative
recommendations about prioritisation of MEA-related work that should be reviewed
once the other phases of the work have been undertaken.

In particular it is necessary to highlight the work of the Multilateral Unit in relation to
the OECD as it links directly to sustainable development, a key concept underpinning
the MEAs. In 2003 South Africa chaired the Organisation of Economic Corporation
and Development (OECD) working group on Science and Technology and
Sustainable Development. This led to the adoption of a Ministerial Declaration on
International Cooperation in Science and Technology for Sustainable Development in
January 2004. In pursuance of the objectives outlined in the Declaration, South Africa
is leading the OECD Science and Technology activities for sustainable development



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within the Committee on Science and Technology Policy (CSTP). The first planned
activity is an OECD/South Africa workshop to be held in November 2005.

A key finding of this report is that the main, to date under-utilised opportunity
emerging from the MEAs, is that of technology transfer. If DST could detail what
exactly they want this to mean for SA, it could constitute a useful input to the OECD
November workshop.

To be able to identify the most important Conventions and make recommendations
about prioritizing them for DST, criteria had to be developed. The following criteria
were used:
   7. There needs to be a fit with the overarching direction that DST has adopted –
       i.e. the National Research and Development Strategy.
   8. The MEA should be of national strategic importance - i.e. it should not be only
       important from an international perspective.
   9. Engagement on the S&T aspects of the MEA will make a contribution to the
       attainment of the MDG and the JPOI
   10. External demands – i.e. DST, and in particular MC, will be required by
       outside demands (such as compliance requirements of an MEA or need to
       attend certain international meetings and respond to issues on the international
       agenda) to respond to the MEA
   11. Opportunities – i.e. that the MEA offers certain S&T opportunities for existing
       DST work
   12. DST, and in particular the Multilateral Unit, should be able to make a useful
       contribution to the S&T issues raised by the MEA – i.e. if there is already
       sufficient attention being given to this issue, and MC can‘t add much value,
       then it should not be a priority for MC

In undertaking this work, the issue of clarifying the role of DST emerged. This has
two elements to do. Firstly, there is the role of DST in relation to the key government
department responsible for MEAs, i.e. DEAT, and for specific aspects of certain
MEAs this includes departments such as DME, DoA and DTI. Secondly, the issue of
the role of the Multilateral Unit, in relation to other line functions within DST that
have expert competencies on particular topics that relate to specific MEAs, needs to
be addressed. This matter was not strictly part of this brief, but is touched upon
because it clearly needs to be addressed, for this work to be of value to DST.

The methodology followed to complete this rapid assessment was
    Identification of the most important MEAs through discussion with MC,
      DEAT and key officials within DST working on MEAs.
    Review of the identified Conventions and MEAs and existing documentation
      on them that deals with the S&T implications (such documentation will be
      sourced from DST, other departments, and the Internet)
    Interviews with an agreed list of people within DST and key informants from
      other departments/science councils
    Working session with key DST and DEAT staff to discuss the S&T
      implications of various MEAs and how DST should engage around them




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B. Analysis of S&T implications of key MEAs

1. Background on MEAs
1.1 Overview

1.2 Johannesburg Plan of Implementation (JPOI) and the Millennium
Development Goals (MDG)

This report does not provide an analysis of the JPOI or MDG. Rather a brief overview
of the importance of these two global target setting commitments is given as they
provide a framework for what the global community has committed to achieving
regarding sustainable development. S&T contributions should be contributing to the
achievement of these targets.

The eight MDG were agreed at the United Nations Millennium Summit in September
2000 and nearly 190 countries have subsequently signed up to them, including South
Africa. The Goals range from halving global poverty and hunger to protecting the
environment, improving health and sanitation and tackling illiteracy and
discrimination against women. They were introduced as part of a wider attempt to
encourage the international community to stop talking about making a difference in
the developing world and join forces to start doing something about it. Alongside the
Goals, a series of 18 targets were also drawn up to give the international community a
number of tangible improvements to aim for within a fixed period of time, and also
make it easier for them to measure their progress to date. The intention is that almost
all of these targets will be achieved by 2015. Unfortunately, while some significant
progress is being made towards meeting some of the targets in some of the affected
countries, in many cases progress is patchy, too slow or non-existent. Although
improvements have been made in many areas in Sub-Saharan Africa, for example, the
number of people living in poverty there is still greater now than it was in 1990.

The World Summit on Sustainable Development (WSSD) held in Johannesburg from
26 August – 4 September 2002 adopted the Johannesburg Declaration on Sustainable
Development, and the JPOI that re-committed the world to the implementation of
sustainable development within specific targets and timeframes. This included certain
S& t aspects. The UBUNTU Minute on Science and Technology for Sustainable
Development was adopted on 3 September 2002 at the Ministerial Session of the
Science and Technology Forum on Sustainable Development, jointly organised by the
Government of the Republic of South Africa and the European Commission as a
parallel event to the WSSD.

The OECD workshop on International Science and Technology Cooperation for
Sustainable Development planned for November 2005 aims to further enhance the
consensus of the WSSD on the key role of the application of science and technology
for sustainable development, especially the transfer of knowledge and technology
from OECD member countries to less developed countries. The workshop will also be
an input to the process of reviewing the contribution of science and technology for
sustainable development which will have the participation of the UN family of



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organizations, international science organizations and academies of sciences. The
workshop will provide a forum to discuss how science and technology could
contribute to the MDG and the JPOI and identify the role of the OECD member
countries in co-operating with non-member countries to harness science and
technology for sustainable development.

Key commitments in the JPOI can be briefly summarised as:
1. Poverty eradication
     Halve by 2015 those whose income is less than $1 a day and those who suffer from
         hunger (reaffirmation of MDG)
2. Water and sanitation
     Halve by 2015 those without access to safe drinking water (reaffirmation of MDG);
         halve by 2015 those who do not have access to basic sanitation.
3. Sustainable Production and Consumption [clearly technologic innovation is key]
     Encourage and promote the development of a 10-year framework of programmes to
         accelerate the shift towards sustainable consumption and production.
4. Energy [link to UN Framework Convention on Climate change & Kyoto Protocol]
     Renewable energy – diversify energy supply and substantially increase the global
         share of renewable energy sources.
     Access to energy – meet MDG of halving poverty by 2015
     Energy markets – remove market distortions
     Energy efficiency – establish domestic programmes with international support
5. Chemicals [link to chemical/hazardous waste MEAS: POPs, PICs and Basel]
     Aim by 2020, to use and produce chemicals in ways that do not lead to significant
         adverse effects on human health and the environment
     Sound management of chemicals and hazardous waste throughout life cycle
6. Management of natural resource base
     Integrated water resources management and water efficiency plans by 2005
     A range of actions re oceans and fisheries
     Atmosphere – improve access by developing countries to alternatives to ozone-
         depleting substances by 2010, and assist them comply with Montreal Protocol phase-
         out schedule
     Biodiversity – achieve by 2010 a significant reduction in current biodiversity loss
     Forests – accelerate implementation of the IPF/EFF proposals
7. Corporate responsibility
      Promote corporate responsibility and accountability
8. Health
      Reduce mortality rates and HIV prevalence (reaffirmation of MDG and General
          assembly resolution re HIV)
9. Sustainable development of small island developing States
10. Sustainable development for Africa
      Improve sustainable agricultural productivity and food security in accordance with
          MDG – especially aimed to halve poverty by 2015
      Support African countries develop and implement food security strategies
      Support Africa‘s efforts to implement NEPAD on energy – i.e. secure access for at
          least 35% of the African population to energy within 20 years
11. Means of Implementation
     Education focus
12. Institutional framework for sustainable development
     Strengthen institutional arrangements for sustainable development
     Enhance role of the Commission on Sustainable Development, the UN body
         responsible for spearheading implementation of JPOI




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Final Report on Science and Technology Implications of MEAs                       By Lala Steyn


       Establish coordination mechanism on ocean and coastal issues within UN and take
        steps re national strategies for sustainable development whose implementation should
        start by 2005

The Eight Millennium Development Goals and their targets are:
1. Eradicate extreme poverty and hunger
     Reduce by half the proportion of people living on less than a dollar a day
     Reduce by half the proportion of people who suffer from hunger
2. Achieve universal primary education
     Ensure that all boys and girls complete a full course of primary schooling
3. Promote gender equality and empower women
     Eliminate gender disparity in primary and secondary education preferably by 2005,
        and at all levels by 2015
4. Reduce child mortality
     Reduce by two thirds the mortality rate among children under five
5. Improve maternal health
     Reduce by three quarters the maternal mortality ratio
6. Combat HIV and AIDS, malaria and other diseases
     Halt and begin to reverse the spread of HIV/AIDS
     Halt and begin to reverse the incidence of malaria and other major diseases
7. Ensure environmental sustainability
     Integrate the principles of sustainable development into country policies and
        programmes; reverse loss of environmental resources
     Reduce by half the proportion of people without sustainable access to safe drinking
        water
     Achieve significant improvement in lives of at least 100 million slum dwellers, by
        2020
8. Develop a global partnership for development
     Develop further an open trading and financial system that is rule-based, predictable
        and non-discriminatory. Includes a commitment to good governance, development
        and poverty reduction—nationally and internationally
     Address the least developed countries‘ special needs. This includes tariff- and quota-
        free access for their exports; enhanced debt relief for heavily indebted poor countries;
        cancellation of official bilateral debt; and more generous official development
        assistance for countries committed to poverty reduction
     Address the special needs of landlocked and small island developing States
     Deal comprehensively with developing countries‘ debt problems through national and
        international measures to make debt sustainable in the long term
     In cooperation with the developing countries, develop decent and productive work for
        youth
     In cooperation with pharmaceutical companies, provide access to affordable essential
        drugs in developing countries
     In cooperation with the private sector, make available the benefits of new
        technologies—especially information and communications technologies

The question that was raised with DST line functions as part of the process for
developing this report was: What contribution is your work on MEAs making towards
the achievement of the Jo‘burg Plan of Implementation targets and Millennium
Development Goals? From the responses it was clear that their work is not organised
or reports given in response to this question. It could be a useful contribution by the
Multilateral Unit to develop a conceptual framework for line functionaries to enable
them to unpack their work in relation to the JPOI and MDG.




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Final Report on Science and Technology Implications of MEAs                       By Lala Steyn


The JPOI and MDG provide global targets for addressing poverty and advancing
sustainable development. Technological innovations advance development in two
ways – by increasing productivity that raises global incomes (MDG 1) and by
providing solutions to problems of disease, transport, water supply, energy, sanitation,
information and communications technology for education, all important for
achieving MDGs 2 – 7.

One of the challenges facing developing countries is that they need to improve
governance to mobilize and manage resources more effectively and equitably. The
opportunities offered by increased debt relief and market access can‘t easily be taken
up without this. Investments in technological innovations deserve high priority
because they can overcome the constraints of low incomes and weak institutions. For
example, though the 1980s saw limited poverty reduction and stagnant economic
growth in most of the developing world, child deaths were cut due to technological
interventions: immunizations and oral re-hydration therapy. This is why some
developed countries are emphasizing sharing the fruits of scientific and technological
progress as one of the most important ways that rich countries can help poor countries
fight poverty. By opening access to technologies for developing countries, it is argued
that rich countries can make a significant contribution to attainment of the MDG2.

This emphasis can strengthen SA‘s hand in making the argument for why and how
developed nations should speed up the process of technology transfer and capacity
building provided for in many MEAs. By developing a link between the MDG/JPOI
and specific requirements in MEAs about technology transfer, SA may be able to
strength its ability to take up the opportunities afforded by various MEAs. Exactly
what these opportunities could entail are unpacked below.


2. Key Biodiversity Convention and Protocol - Convention on
Biological Diversity (CBD) and the Cartagena Protocoli
2.1 Locating the CBD within the context of other biodiversity related MEAs

Although some 40% of the world economy is derived directly from biological
diversity, humanity is pushing ecosystems, species and gene pools to extinction faster
than at any other time since the dinosaurs died out 65 million years ago. The CBD is
the framework agreement for biodiversity recognising for the first time that the
conservation of biological diversity is a common concern of humankind and an
integral part of the development process. It covers all ecosystems, species and genetic
resources, and also addresses the field of biotechnology, including technology transfer
and development, benefit-sharing and bio-safety. It sets policies and general
obligations, and organises technical and financial cooperation, implementation
however is required at the national level and responsibility rests with national
governments.

What is striking about the CBD is that developing nations were able to secure their
sovereign rights to the biological resources within their national boundaries and can
thus now better control access to those resources. The main reason for this is because

2
    United Nations Human Development Report, 2003, Millennium Development Goals


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Final Report on Science and Technology Implications of MEAs                           By Lala Steyn


four fifths of the world‘s biodiversity occurs within developing nations. In broad
terms developing nations were able to put forward three demands in exchange for
their cooperation on biodiversity conservation: 1) transfer of finances and technology
from developed nations; 2) recognition of national sovereignty over genetic resources;
and 3) developed nation‘s access to genetic resources being dependant on certain
demands being met.

The CBD goes beyond biodiversity conservation by addressing the issues of
sustainable use, and equitable access and benefit sharing. It is thus much more than a
convention about the environment, and has implications for intellectual property
rights, trade, technology, human health and culture. The CBD is a good example of
the complexities surrounding the relationship between environmental and trade
agreements. The Trade Related aspects of Intellectual Property (TRIPS) agreement
negotiated under the GATT (before it became the WTO), view plant genetic resources
as raw material for high-tech breeding and pharmaceutical development. Although
the CBD recognises the rights of indigenous communities, the intellectual property
rights systems does not, and thus corporations claim ownership over products
produced based on indigenous knowledge. This has had the effect that TRIPS has
trumping the CDB and is the source of much dispute.

There are a myriad of other biodiversity related MEAs (about 30% of MEAs address
biodiversity, either in full or in part). Most of them deal with specific species (CMC,
Migratory Species of Wild Animals), sites (Paris Convention on Protection of Natural
Heritage), habitats (Ramsar on Wetlands) or specific activities (CITES). The CBD
takes a comprehensive approach to biodiversity. The table below provides a useful
overview of MEAs that deal with biodiversity, either in full or in part, what they focus
on and when they came into effect.

Global Agreements and regimes related to the CBD according to scope and objective/focus3
SCOPE              ENVIRONMENT                                                              TRADE
Objectives/Focus   Conservation     Sustainable               Benefit sharing      Other
                                    use/development
TIME PERIOD        1970s–1980s      • CITES                   • FAO                • Vienna
1970s–1980s        • CITES          • ITTA                    International        Convention and
                   • CMS                                      Undertaking on       Montreal
                   • Wetlands                                 PGRFA                Protocol
                   • World Heritage                           • UNCLOS Deep        • Basel
                   • UNCLOS                                   Seabed Mining        Convention
                                                              (both according to   • Convention on
                                                              the Common           Long-Range
                                                              Heritage             Transboundary
                                                              of Mankind           Air Pollution
                                                              principle)

1990s              • CBD               • CBD                  • CBD                • WTO trade-
                   • UNCLOS            • UNFCCC               • Revised            related
                   (Fish Stocks)       • UNCCD                integrated           intellectual
                   • ICRI              • UNCLOS               pollution            property
                                       (Fish Stocks)          prevention           (TRIPs)
                                       ICRI                   and control          • Basel Protocol
                                                              (IPPC)               • Kyoto Protocol

3
 Reproduced from: McGraw D, 2002, The CBD – Key Characteristics and Implications for
Implementation, Reciel 11(1) 2002


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Final Report on Science and Technology Implications of MEAs                      By Lala Steyn



2000 and beyond    Potential           • Potential            Potential       • Cartagena
                   protocols           protocols              protocols       Protocol
                   under CBD           under CBD              under CBD       • Rotterdam
                                                              International   Convention
                                                              Treaty          • Stockholm
                                                              on PGRFA        Convention




2.2 Objective and importance of CBD for SA

The CBD was adopted in May 1992, coming into force in 1993 and has been ratified
by over 176 countries. SA signed the CBD in June 1993 and ratified it on 2
November 1995.

Biological diversity is the variability and variety of all living organisms and the
ecosystems within which they interact. Genetic diversity is the ultimate source of
biodiversity and its conservation is critical for the maintenance of evolutionary
processes. The huge loss of biodiversity around the globe provided a strong incentive
for nations to reach agreement and ratify this Convention. The CBD recognises the
sovereign rights of countries to their genetic resources and emphasises:
     the conservation of biodiversity
     the sustainable use of its components
     the preservation of knowledge and practices of indigenous communities
     the fair and equitable sharing of benefits arising from the utilisation of genetic
        resources
Nations are required to develop national strategies/plans, to pass legislation to achieve
these objectives and to integrate the conservation and sustainable use of biodiversity
into sectoral and cross-sectoral plans, programmes and policies. SA has taken
significant steps in this regard. There is a comprehensive legal and policy framework
in place to conserve and manage South Africa‘s biodiversity. The New Partnership for
Africa‘s Development (NEPAD) places a strong emphasis on biodiversity
conservation and the use of biodiversity as an economic strategy for Africa. In SA the
legal and policy framework is guided at a high level by the provisions of section 24 of
the Constitution and supported by high-level political commitment, especially at a
national level. The approval of the White Paper on Environmental Management
Policy, the White Paper on the Conservation and Sustainable Use of South Africa‘s
Biological Diversity and the proclamation of NEMA in 1998, followed by the recent
suite of NEMA Acts, including the Biodiversity Act and the Protected Areas Act,
introduced a new era of South African management of the environment in general and
biodiversity in particular. Despite this biodiversity loss continues in South Africa,
and scientific research and technology innovation in support of biodiversity is key.

The CBD is important to South Africa, as it is the third most biologically diverse
country in the world. There are many challenges facing SA as it strives to conserve
and sustainable use its biodiversity, and address equitable access to benefits. The
CBD covers a vast range of issues that cannot be adequately addressed within the
scope of this report. The COP has initiated work on a number of thematic work
programmes, addressing:
    marine and coastal biodiversity


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Final Report on Science and Technology Implications of MEAs               By Lala Steyn


       agricultural biodiversity
       forest biodiversity
       island biodiversity
       inland water ecosystems
       dry and sub-humid lands
       mountain biodiversity

At the same time, there are a number of other items addressing key cross-cutting
issues of relevance to all thematic areas, including:
     Access to genetic resources and benefit-sharing
     Alien species
     Traditional knowledge
     Biodiversity and tourism
     Climate change and biodiversity
     Incentive measures
     The ecosystems approach
     The Global Strategy for Plant Conservation
     The 2010 target of significantly reducing the current rate of biodiversity loss
     The Global taxonomy Initiative
     Impact assessment
     Indicators
     Liability and redress
     Protected areas
     Public education and awareness
     Sustainable use
     Technology transfer and cooperation

The CBD explicitly provides for the establishment of the following structures/forums:
     Secretariat to administer the CBD and coordinate with other relevant bodies
       with headquarters are in Montreal (Article 40)
     Clearing-house mechanism to exchange and share information in support of
       scientific and technical cooperation (Article 17)
     Multilateral fund to help finance implementation in developing countries,
       supported mainly by the OECD and currently operated by the GEF (Articles
       21 and 39)
     COP to oversee the process of implementing and further elaborating the CBD
       being the main policy and priority-setting body (Articles 21 and 39)
     SBSTTA - a subsidiary body to provide the COP with scientific, technical and
       technological advice (Article 25)
These permanent bodies in turn have produced a plethora of subsidiary processes,
including:
     Meeting of Parties (MOP)
     Ad hoc open-ended intersessional working group on traditional knowledge
       (Article 8(j))
     Ad hoc open-ended working group on access and benefit-sharing (ABS) and
       panel of experts on ABS
     Ongoing rosters of experts on thematic work programmes such as marine and
       coastal biodiversity, forest biodiversity, agricultural biodiversity, inland
       waters, dry and sub-humid lands as well as cross-cutting issues such as



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Final Report on Science and Technology Implications of MEAs                          By Lala Steyn


          biodiversity indicators, incentive measures, sustainable tourism, ecosystem
          approach, and education and public awareness.

DEAT is the national focal point for the CBD – Ms Maria Mbengashe (012-3103707)

2.3 S&T implications and agenda of the CBD

Science is the basis upon which many of the discussion in various CBD forums occur.
This report just covers a few key aspects of direct relevance to DST and provides a
short overview of the issues that the Subsidiary Body on Scientific, Technical and
Technological Advise (SBSTTA)4 has dealt with over the past years.

SBSTTA
SBSTTA is an intergovernmental advisory body that provides the COP with "timely
advice" relating to implementation of the Convention. Its functions include:
assessments of the status of biological diversity, and of the effects of the types of
measures taken in accordance with the Convention; identification of technologies
relating to the conservation and sustainable use of biodiversity; and response to
questions that the COP may put to the body. To date, SBSTTA has met 9 times.

SBSTTA-1: The first meeting of SBSTTA (Paris, France, September 1995) produced
recommendations on SBSTTA‘s modus operandi; components of biodiversity under
threat; access to and transfer of technology; scientific and technical information to be
contained in national reports; contribution to the FAO 1996 International Technical
Conference on plant genetic resources for food and agriculture; and marine and
coastal biodiversity. SBSTTA-1 requested flexibility to create: two open-ended
working groups to meet simultaneously during future SBSTTA meetings; ad hoc
technical panels of experts as needed; and a roster of experts.

SBSTTA-2: The second meeting of SBSTTA (Montreal, Canada, September 1996)
produced recommendations on: monitoring and assessment of biodiversity; capacity
building for taxonomy and for biosafety; economic valuation of biodiversity; access
to, and transfer of, technology; agricultural, terrestrial, and marine and coastal
biodiversity; traditional knowledge; and the CHM.

SBSTTA-3: At the third meeting of SBSTTA, (Montreal, September 1997) delegates
considered the implementation of the CHM's pilot phase, and formulated
recommendations on: marine and coastal, forest, and agricultural biodiversity;
biodiversity indicators; and participation of developing countries in the Convention
process.

SBSTTA-4: During its fourth meeting (Montreal, June 1999), SBSTTA made
recommendations on: SBSTTA work programme; the GTI; dryland biodiversity;
guiding principles on alien species; consequences of use of the technology for the
control of plant gene expression; incorporation of biodiversity considerations into
environmental impact assessment; and sustainable use, including tourism.



4
    Summary information provided here on SBSTTA is from IIED Linkages, www.iisd.ca


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Final Report on Science and Technology Implications of MEAs                 By Lala Steyn


SBSTTA-5: The fifth session of SBSTTA (Montreal, January-February 2000)
developed recommendations on, inter alia: the pilot phase of the CHM; the GTI
review; guiding principles for alien species; inland water, marine and coastal, forest,
dryland and agricultural biodiversity; the ecosystem approach; biodiversity indicators;
sustainable use; and the second national reports.

SBSTTA-6: The sixth meeting of SBSTTA (Montreal, March 2001) focused on
invasive alien species. The meeting also produced recommendations on: ad hoc
technical expert groups; marine and coastal biodiversity; inland water ecosystems;
scientific assessments; the GTI; biodiversity and climate change; and migratory
species.

SBSTTA-7: The seventh session of SBSTTA (Montreal, November 2001) focused on
forest biodiversity and its draft work programme, while also producing
recommendations on: agricultural biodiversity, including the International Pollinators
Initiative; the Global Strategy for Plant Conservation; incentive measures; monitoring
and indicators; environmental impact assessment; and sustainable use and sustainable
tourism.

SBSTTA-8: The eighth meeting of SBSTTA (Montreal, March 2003) focused on
drafting a work programme on mountain biodiversity, and also adopted
recommendations on: inland waters; marine and coastal biodiversity; dry and sub-
humid lands; biodiversity and tourism; and SBSTTA operations.

SBSTTA-9: The ninth meeting of SBSTTA (Montreal, November 2003) focused on
protected areas, and technology transfer and cooperation. The meeting also adopted
recommendations on: the GTI; the ecosystem approach; sustainable use; forest and
mountain, biodiversity; perverse incentives; monitoring and indicators; biodiversity
and climate change; integration of outcome-oriented targets into the CBD work
programmes; the Global Strategy for Plant Conservation; and invasive alien species.

Access to genetic resources, benefit sharing, biotechnology and intellectual property

Intellectual property rights are patents, copyrights or other means of protecting an
innovators exclusive ability to control the use of their innovation for a specific period
of time. Patenting is one way to protect the region‘s natural resources from other
countries cultivating their own plants or developing synthetic substitute.
Bioprospecting is systematic research on genetic resources for commercial or
industrial exploitation. Access and benefit sharing arrangements are those put in
place to ensure that people/communities providing access to indigenous biological
resources may share in the benefits that arise from the commercialisation of these
resources. These issues are controversial in southern Africa, a region that has
exceptional biodiversity and potential for commercialisation but which has not yet
succeeded in realising significant benefits for the poor. The CBD formally links
indigenous knowledge and benefit sharing to the notion of intellectual property rights.
In addition to the CBD the Trade Related Intellectual Property Rights Agreement
(TRIPS) negotiated under the WTO and the International Treaty on Plant Genetic
Resources for Food and Agriculture (2001), which deals with access to seeds and
germplasm, and the Union for the Protection of New Varieties of Plants (UPOV)



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Final Report on Science and Technology Implications of MEAs                            By Lala Steyn


which provides common rules to protect new varieties of plants, are important
international agreements that impact on these issues.

The issue of who benefits from biological resources is the subject of much debate in
South Africa. Access to genetic resources, bioprospecting, biotechnology, intellectual
property rights and indigenous knowledge systems are all inter-linked. This can be
illustrated by the well-know San Hoodia case. For thousands of years the San of the
Kalahari have used species of the succulent Hoodia genus to starve off hunger and
thirst. In the 1960s the CSIR collected and began investigating Hoodia. In 1997 they
patented an appetite-suppressing compound known as P57 from the plant and signed a
licensing agreement with PhytoPharm plc, a small UK research-based pharmaceutical
company. Phytopharm sold the rights for P57 to Pfizer, a US pharmaceutical
company. Arrangements were made for the CSIR to receive benefits, but none were
made for the SAN, the indigenous knowledge rights holders, to receive benefits. After
the intervention of NGOs the San negotiated a financial benefit-sharing agreement
with CSIR which will see them receive certain benefits if P57 becomes a successful
commercial product5. The CBD has provisions on the range of issues raised in this
case.

The Convention contains provisions on access to genetic resources and the sharing of
benefits arising out of their use, which address both users and providers, contained in
Articles 15 (Access to Genetic Resources), 16.3 (access to and transfer of technology
that makes use of genetic resources), 19.1 (participation in biotechnological research
on genetic resources) and 19.2 (access to results and benefits from biotechnologies).
The Ad Hoc Open-ended Working Group on Access and Benefit-sharing (ABS) was
established by COP Decision V/26.

Section 15 provides that access to genetic resources may only be granted:
    Subject to priori informed consent
    On mutually agreed terms
    For sustainable uses
    On the basis of a fair and equitable distribution of the benefits derived from
       the use of the genetic resources in question

These provisions were unpacked in the Bonn Guidelines on Access to Genetic
resources and the Fair and Equitable Sharing of benefits Arising Out of Their
Utilisation. Biodiversity Act (Act. No 10 of 2004) makes a provision in Chapter 6
Section 80 (1) for the regulation of bioprospecting involving indigenous biological
resources (2) regulations for the export from the Republic of indigenous biological
resources for the purpose of bioprospecting or any kind of research and (3) to provide
for a fair and equitable sharing by stakeholders in benefits arising from bioprospecting
involving indigenous biological resources. DEAT is in the process of developing
Regulations that will set out the detail of how this chapter will be operationalised.
This is being done in consultation with key role players who all have their own
responsibilities that impact on this matter – i.e. DST, DTI, DoA, CSIR, MRC and
SANBI. The IKS Unit within DST has been involved in this process.



5
    Laird S & Wynberg R, 2003, Biodiversity, prospecting and access and benefit sharing, IUCN


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Article 8(j) of the CBD states that Parties will, subject to national legislation, respect,
preserve and maintain knowledge, innovations and practices of indigenous and local
communities embodying traditional lifestyles relevant for the conservation and
sustainable use of biodiversity; promote their wider application with the approval and
involvement of knowledge-holders; and encourage the equitable sharing of benefits
arising from the utilization of such knowledge, innovations and practices. Related
provisions of the Convention include: Article 10(c), which calls on Parties to protect
and encourage customary use of biological resources in accordance with traditional
cultural practices; Article 17.2, which addresses scientific and technical information
exchange with specific reference to traditional knowledge; and Article 18.4, which
states that Parties shall encourage and develop methods of cooperation for the
development and use of technologies, including indigenous and traditional
technologies, pursuant to the CBD objectives. Additionally, CBD discussions on
cross-cutting themes, such as the ecosystem approach, ABS, and the CHM, as well as
the specific ecosystem themes, have addressed the integration of considerations
relating to Article 8(j) and indigenous and local communities.

Indigenous and local communities attach considerable importance to the Convention,
which they view as a key instrument for advancing the recognition, preservation and
promotion of their traditional knowledge. Consequently, their representatives have
been invited to participate fully in the working group on traditional knowledge,
including in the group's decision-making.

Cabinet approved in November last year the Indigenous Knowledge System (IKS)
Policy after many years of discussion. The IKS Policy is an enabling framework to
stimulate and strengthen the contribution of indigenous knowledge to social and
economic development in South Africa. It affirms African cultural values in the face
of globalisation and the contribution of indigenous knowledge to the economy. It
identifies that the following functions, institutions and legislative provisions will be
required:
     Advisory Committee on Indigenous Knowledge Systems, reporting to the
        Minister of Science and Technology
     A development function, including, academic and applied research,
        development and innovation in respect of IKS,
     A recordal system for indigenous knowledge and indigenous knowledge
        holders, where appropriate, to pro-actively secure their legal rights
     The promotion of networking structures among practitioners, to be located in
        the Department of Science and Technology
     Legislation to protect intellectual property associated with indigenous
        knowledge, to be administered by the Department of Trade and Industry

Given the establishment of the above structures and the crosscutting nature of IKS,
this policy specifies the different roles that national departments working with IKS
will be able to play. For example, DTI (IPRs), DoH (regulatory aspects with respect
to traditional health practitioners), DEAT (biodiversity, access, benefit sharing), DOE
(integration into the curriculum), and DAC (cultural and heritage aspects related to
IKS), and DST (innovation and integration with other knowledge systems), and other
government departments working in the area of IKS.

Technology transfer and technical and scientific cooperation


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Articles 16 to 18 deal with the issues of technology transfer, exchange of information
and technical and scientific cooperation. Article 16(1) provides that each Contracting
Party "undertakes…to provide and/or facilitate access for and transfer to other
Contracting Parties of technologies that are relevant to the conservation and
sustainable use of biological diversity or make use of genetic resources and do not
cause significant damage to the environment". This important provision reflects the
consensus of the international community, laid down in key international policy
documents, that the development, transfer, adaptation and diffusion of technology and
the building of related capacity is crucial for achieving sustainable development. This
emphasis on technology transfer is also contained within:
     Chapter 34 of Agenda 21 chapter 34 provides guidance on the transfer of
        environmentally sound technology, cooperation and capacity-building.
        Chapter 16 provides similar guidance on the environmentally sound
        management of biotechnology, including the establishment of mechanisms for
        the development and the environmentally sound application of biotechnology,
        of which technology transfer is an important component.
     The JPOI calls upon States to promote facilitate and finance the development,
        transfer and diffusion of environmentally sound technologies and
        corresponding know-how in particular to developing countries and countries
        with economies in transition.

Provisions in MEAs about technology transfer often provide opportunities for
developing nations because they place an obligation on developed nations to transfer
their technology using financial mechanisms established under that MEA (such as the
GEF). Article 16 (2) says that access to and transfer of technology to developing
countries "shall be provided and/or facilitated under fair and most favourable terms,
including on concessional and preferential terms where mutually agreed, and, where
necessary, in accordance with the financial mechanism established by Articles 20 and
21".

The 7th COPs adopted a programme of work on technology transfer and technological
and scientific cooperation that is clustered under four areas: technology assessments;
information systems; creating enabling environments and capacity-building and
enhancement. Technology assessment is a set of country-driven activities which
involve relevant stakeholders in a consultative process to identify and determine the
needs of Parties in response to national priorities and policies, with regard to the
cooperation and transfer of technology for conservation and sustainable use of
biodiversity, or technology that makes use of genetic resources and do not cause
significant damage to the environment, and with regard to building or enhancement of
scientific, legal and administrative capacity, and training.

SA is recognised internationally as a leader in biodiversity arena and is called upon to
provide inputs into other country‘s programmes. The extent to which SA has been
involved in technology assessments and engaged in technology transfer is not known.
The question for discussion is thus whether there is an opportunity for S&T in this
area or not?

2.4 Objective and importance of Cartagena Protocol on Biosafety for SA



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The Biosafety Protocol is the result of a process that followed from the CBD, because
the negotiators of the Convention recognized that biotechnology can make a
contribution towards achieving the objectives of the CBD, if developed and used with
adequate safety measures for the environment and human health. The Contracting
Parties agreed to consider the need to develop appropriate procedures to address the
safe transfer, handling and use of any LMO resulting from biotechnology that may
have adverse effect on the conservation and sustainable use of biological diversity
(see Article 19.3 of the CBD).

On 29 January 2000, the Conference of the Parties to the CBD adopted the Cartagena
Protocol as a supplementary agreement to the Convention. The Protocol entered into
force on 11 September 2003. At the date of entry into force, certain provisions took
effect immediately, including: the obligation for prior notification of the first
shipment to an importing country that is Party to the Protocol under the AIA
procedure; the obligation for Parties to the Protocol to use the BCH; and the
identification in the accompanying documentation of all shipments containing LMOs.
There are currently 113 Parties to the Protocol. SA ratified the protocol on 14 August
2003 and it came into effect on 11 November 2003.

The CBD and subsequent Biosafety Protocol are necessary because while advances in
biotechnology have great potential for significant improvements in human well-being,
they must be developed and used with adequate safety measures for the environment
and human health. Genetic manipulation is not new with humankind having relied on
modification of the natural world for millennia. The key difference is that modern
biotechnology has revolutionalised our ability to alter life forms. We can now
manipulate the intricate genetic structure of individual living cells. The results are
known as Living Modified Organism (LMOs) or more commonly GMOs. But
because modern biotechnology is so new, how such products may behave, evolve and
interact with other species is unknown. In particular there is concern about the
potential affect on biodiversity, and human health.

In accordance with the precautionary approach contained in Principle 15 of the Rio
Declaration on Environment and Development, the objective of the Protocol is to
contribute to ensuring an adequate level of protection in the field of the safe transfer,
handling and use of living modified organisms resulting from modern biotechnology
that may have adverse effects on the conservation and sustainable use of biological
diversity, taking also into account risks to human health, and specifically focusing on
transboundary movements (see Article 1).

The issue of GMOs is controversial globally and in South Africa. Often the debates
are characterized by simplified statements of complex scientific issues. Put rather
crudely the positions taken are usually as follows:
     Genetic modification is safe and beneficial to people and should be
       encouraged. The assumption is that the scientific basis for genetic
       manipulation is sound and understood.
     Risks of GMOs for human health and the environmental are too high because
       the science basis is uncertain and thus GMOs should not be allowed.

The public in SA have found it difficult to access information about SA‘s GMO
programme and this has increased the above polarised positions. BIOWATCH, a


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Final Report on Science and Technology Implications of MEAs                By Lala Steyn


national NGO dedicated to publicising, monitoring and researching issues of
biological diversity, genetic engineering and sustainable livelihoods, recently won a
five year court battle to gain access to important information about GM crops in South
Africa. The Registrar of GMOs was ordered to release this information to Biowatch
by no later than April this year with the court saying that granting access to
information was a necessary part of the proper administration of the GMO Act.

The Protocol promotes biosafety by establishing rules and procedures for the safe
transfer, handling, and use of LMOs, with specific focus on transboundary
movements of LMOs. The Protocol contains reference to the precautionary approach
and reaffirms the precaution language in Principle 15 of the Rio Declaration on
Environment and Development. It features a set of procedures including one for
LMOs that are to be intentionally introduced into the environment (advance informed
agreement procedure) and one for LMOs that are intended to be used directly as food
or feed or for processing. The advance informed agreement (AIA) is a procedure for
ensuring that countries are provided with the information necessary to make informed
decisions before agreeing to the import of such organisms into their territory. Parties
to the Protocol must ensure that LMOs are handled, packaged and transported under
conditions of safety.

Furthermore, the shipment of LMOs subject to transboundary movement must be
accompanied by appropriate documentation specifying, among other things, identity
of LMOs and contact point for further information. These procedures and
requirements are designed to provide importing Parties with the necessary information
needed for making informed decisions about whether or not to accept LMO imports
and for handling them in a safe manner.

The Party of import makes its decisions in accordance with scientifically sound risk
assessments (see Article 15). The Protocol sets out principles and methodologies on
how to conduct a risk assessment (see Annex III of the Protocol). In case of
insufficient relevant scientific information and knowledge, the Party of import may
use precaution in making their decisions on import. Parties may also take into
account, consistent with their international obligations; socio-economic considerations
in reaching decisions on import of LMOs (see Article 26). Parties must also adopt
measures for managing any risks identified by the risk assessment (see Article 16),
and they must take necessary steps in the event of accidental release of LMOs (see
Article 17).

To facilitate its implementation, the Protocol establishes a Biosafety Clearing-House
for Parties to exchange information (see question 15), and contains a number of
important provisions, including capacity-building (see question 19), financial
mechanism (see Article 28), compliance procedures (see question 19) and public
awareness and participation (see question 21)

As the National Department of Agriculture is the focal point for the Biosafety
Clearing House, they are responsible for ensuring SA meets its compliance
obligations. These are:
     Advanced Informed Agreement
     Risk assessment
     Risk management and emergency procedures


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       Export documentation

DoA is responsible for the Genetically Modified Organisms Act 15 of 1997 and the
Plant Breeder‘s Act. According to them the GMO Act and associated regulations and
procedures provide the national Biosafety framework. The GMO Act is in the process
of being amended (is on the parliamentary agenda for 2005/06 parliamentary session)
to expand the scope of activities to include exportation, and to allow for other
institutions to be included as decision-making bodies (i.e. Arts and Culture and
DWAF). There are guidelines for applicants and the Advisory Committee that
undertakes the scientific assessment of applications. There is a roster of scientific
experts. DEAT and DoA have not yet accessed financial assistance although the
possibility of doing so exists. There does not appear to be effective inter-departmental
coordination within SA, but exactly how DST can intervene to facilitate this is
unclear.

DEAT is the national focal point for the Protocol – Ms Maria Mbengashe (012-
3103707). DoA is the national focal point for the Biosafety Clearing House – Dr
Julian Jaftha (012-3196024). DoA is responsible for the Genetically Modified
Organisms Act 15 of 1997; Plant Breeders Act; and Act 36 of 1947 governing
agricultural products.

2.5 S&T implications of Biosafety Protocol

The following key articles regarding S&T can be highlighted:
    Scientific information underpins how decisions are made about biosafety. For
       example Article 15 requires decisions about imports of GMOs is made on the
       basis of scientifically sound risk assessments. But because scientific certainty
       is not possible within this developing terrain, the precautionary principle is
       brought to bear. According to the DoA SA presently has the scientific capacity
       to deal with biosafety, but as this is a rapidly developing field it is critical that
       scientific capacity should development accordingly
    Article 20 – exchange of scientific information
            o   Facilitate the exchange of scientific, technical, environmental and legal information
                on, and experience with, living modified organisms
       Article 22 – the needs of developing countries for financial assistance and
        transfer of technology shall be taken into account to in cooperation around
        capacity building
            o   Cooperation in capacity-building shall, subject to the different situation, capabilities
                and requirements of each Party, include scientific and technical training in the proper
                and safe management of biotechnology, and in the use of risk assessment and risk
                management for biosafety, and the enhancement of technological and institutional
                capacities in biosafety (22(b)).

The above provision re capacity building and technology transfer is not as strongly
worded in favour of developing nations as other MEAs. Despite this there is an
opportunity to access resources to support capacity building, but this is not being
done. DST‘s biotechnology work is promoting the development of a biotechnology
sector in SA. This work needs to meet a range of regulatory requirements, with the
Biosafety Protocol being one. The compliance authority is DoA.




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2.6 Key issues on 2005 international agenda and calendar of events for the CBD
and Biosafety Protocol6

DEAT has identified the CBD and Biosafety Protocol as a high priority (meaning it is
an area of strategic priority and focus requiring full DEAT participation) identified the
following issues of importance for SA:
     Funding and support for implementation of the action plan of the environment
        initiative of NEPAD
     GEF Funding for biodiversity without any allocation system
     Measures for handling, transporting, packaging and identifying living
        modified organisms (Article 18 of Protocol)
     Establishment of a compliance procedure and mechanism for the Protocol
        (Article 34 of Protocol)
     Establishment of an expert working group on liability and a redress regime to
        deal with cases where damage results from the transboundary movement of
        LMOs
     Ethics – issues that cause concern include embryonic stem cell research,
        therapeutic and reproductive cloning, and genetically modified organisms.

Calendar of events
CBD
    10TH Meeting of CBD‘S Subsidiary Body on Scientific, Technical and
       Technological Advice Bangkok, Thailand (7 – 11 February 2005); SBSTTA-
       10 is organized by the CBD Secretariat. The dates are tentative. For more
       information contact: CBD Secretariat; tel: +1-514-288-2220; fax:+1-514-288-
       6588;e-mail:secretariat@biodiv.org;Internet:
       http://www.biodiv.org/meetings/default.aspx; DEAT delegation- Mr A Wills, Mr F
       Mketeni, Dr G Willemse
    3rd Meeting of the Ad Hoc Open-Ended Working Group on Access and
       Benefit-Sharing Bangkok, Thailand (14 – 18 February 2005); This meeting is
       organized by the CBD Secretariat. The dates are tentative. Issues to be
       discussed: reports on the implementation of the Bonn Guidelines,
       developments in relevant international processes and capacity building,
       international regime on access and benefit sharing, nature, scope and elements,
       strategic plan – future evaluation of progress, the need and possible options for
       indicators for access to genetic resources and in particular for the fair and
       equitable sharing of benefits arising from the utilization of generic resources.
       For more information contact: CBD Secretariat; tel: +1-514-288-2220; fax:
       +1-514-288-6588; e-mail: secretariat@biodiv.org; Internet:
       http://www.biodiv.org/doc/meeting.aspx?mtg=ABSWG-03; Possible DEAT
       delegation - Mr A Wills, Mr F Mketeni, Ms M Mbengashe, Mr Pat Matsau
Biosafety Protocol
    International Workshop on the Role of Biotechnology for the Characterisation
       and Conservation of Crop, Forestry, Animal and Fishery Genetic Resources
       Turin, Italy (5 to 7 March 2005); Organised by the UN Food and Agriculture
       Organization (FAO), the Fondazione per le Biotecnologie, the ECONOGENE
       project and the Societa Italiana di Genetica Agraria, this workshop includes
       three sessions on: the status of the world‘s agro-biodiversity, the use of

6
    Information provided by DEAT and from interviews


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Final Report on Science and Technology Implications of MEAs                 By Lala Steyn


        biotechnology for conservation of genetic resources and genetic
        characterization of populations and its use in conservation decision-making.
        For more information contact: tel +39-011-660-0187; fax +39-011-660-0708;
        e-mail: mail@fobiotech.org; Internet: http://www.fobiotech.org/FAO_2005.htm ;
        DEAT delegation - MCM
       Meeting of Compliance Committee Under the Cartagena Protocol on
        Biosafety Montreal, Canada (14 to 16 March 2005); This meeting is organized
        by the CBD Secretariat. The dates are tentative. For more information contact:
        CBD Secretariat; tel: +1-514-288-2220; fax:+1-514-288-6588;e-mail:
        secretariat@biodiv.org; Internet: http://www.biodiv.org/meetings/default.aspx ;
        DEAT delegation - Mr A Wills
       Open-Ended Technical Expert Group on Identification Requirements of
        Living Modified Organisms (LMOs) Food or Feed Processing Montreal,
        Canada (16 to 18 March 2005); The main purpose of this meeting will be to
        assist the COP serving as the meeting of the Parties to the Protocol in taking
        certain decisions wrt the Protocol. The relevant documentation can be
        obtained from the Secretariat‘s website:
        http://www.biodiv.org/doc/meeting.aspx?mtg=BSTEGIR-01 Contact: H Zedan,
        tel:09 1 514 288 2220; Fax:: 09 1 514 288 6588; e-mail secretariat@biodiv.org
       2nd Meeting of the Conference of the Parties to the CBD Serving as the
        Meeting of the Parties to the Cartagena Protocol on Biosafety Montreal,
        Canada (30 May to 3 June 2005); The Cartagena Protocol COP/MOP-2 is
        organised by the CBD Secretariat. For more information contact: CBD
        Secretariat; tel: +1-514-288-2220; fax: +1-514-288-6588; e-mail:
        secretariat@biodiv.org; Internet: http://www.biodiv.org/doc/meeting.aspx?mtg=MOP-
        02

2.7 DST work that relates to the CBD and Biosafety Protocol

DST has identified biodiversity as a science mission area because there is an obvious
geographic advantage for SA due to our high biodiversity. DST is involved in
supporting the work of the CBD through supporting research into better
understanding and improving methods of conserving and sustainably using
biodiversity. This involves supporting a range of activities. DST makes specific
interventions when they identify a particular gap that is not being addressed by some
other institutions, such as:
     SABIF (the SA Biodiversity Information Facility) – part of the Global
        Biodiversity Information Facility) and promotes generation and sharing of
        biodiversity related information
     SA Biosystematics Information – intervention aimed at growing the base of
        taxonomy and biosystematics researchers
     Development of bio-repositories – a wild life gene bank focus, collects tissue
        samples and undertakes research

DST has an Indigenous Knowledge Unit (IKS). Regarding the CBD it deals with the
range of issues around access and benefit sharing and intellectual property rights.
There is an Inter-departmental Committee on IKS comprised of the following
departments: DEAT, DST, DTI, DAC, Education, Sport and Recreation, DWAF,
Land Affairs, DPLG, Health, DoA, Foreign Affairs, DME and Communications. As



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IKS is a cross cutting issue they see their work impacting on a range of multilateral
institutions, including:
     CBD structures/forums
     WIPO and WTO
     UNESCO
     WHO
     FAO
     World Bank
     OECD

They are more actively involved in some bilateral negotiations especially on the
African continent as many African countries have IKS centres. They would like to see
IKS being picked up in all work undertaken by the Multilateral Unit. Then there is
the need for intellectual property protection of publically financed research. The
multilateral space that may offer DST opportunities to promote this issue is that of the
OECD Committee for Scientific and Technological Policy. The Minister‘s meeting of
2004 recognised the growing importance of patent licences and other market-based
transactions in fostering knowledge diffusion and agreed that policy should encourage
their development. The Ministers further shared the view that IPR regimes need to
protect researchers' access to fundamental inventions, such as through exemptions for
research use of patented inventions.

The most obvious interface to the Biosafety Protocol is the area of biotechnology.
DST is strongly promoting biotechnology that has been identified as one of the
technology missions and has a National Biotechnology Strategy that outlines
government‘s intention. The biotechnology link to the Biosafety Protocol is mostly
about compliance, and doesn‘t appear to offer many S&T opportunities. Although it is
true that utilising Article 22 of the Protocol to access resources in support of capacity
building is probably needed, this need has more to do with strengthening the capacity
of the regulatory body, than about offering opportunities to pursue DST‘s
biotechnology agenda.

The multilateral space that may offer more opportunities is that of the OECD
Committee for Scientific and Technological Policy. The OECD Minister‘s agreed in
December 2005 that biotechnology is a significant driver of sustainable growth and
development and that a solid infrastructure is required to assure such growth.
Ministers therefore agreed to endorse efforts to establish a framework for a Global
Biological Resource Centre Network (GBRCN) by 2006. They endorsed OECD
papers setting out guidance for certification and quality criteria for biological resource
centres and for the operation of biological resource centres. The Ministers called on
the OECD to strengthen its contribution to work on biotechnology, focusing on
enabling innovation in health biotechnology and on the contribution that industrial
biotechnology can make to a more bio-based economy.

DST has a Biotechnology Unit that is responsible for implementation of a work
programme that includes:
    Biotech Regional Innovation Centres (BRICs) – strive to tailor research
       towards meeting national needs and transforming date and research into
       commercial products, processes or services. The emphasis is on creating new



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        businesses and technology platforms in consortia that include small
        entrepreneurs and other private sector partners
       PlantBio – focuses on plant biotechnology innovations
       Bio-informatics network
       Public Understanding of Biotechnology – this programme aims to promote a
        clear understanding of the potential of biotechnology, and the far-reaching
        implications that advances in biotechnology have on our lives

2.8 Policy implications and gaps

South Africa‘s National Biotechnology Strategy was published in June 2001 and there
are no policy gaps within DST. Other sectors are developing biotechnology related
policies, such as the Agricultural Biotechnology Strategy.

The issue of bio-ethics arises in the context of bio-safety and biotechnology. This
report has not dealt with bio-ethics but as it is an issue of importance to multilateral
work, this connection is mentioned. There is a complex and confusing array of bio-
ethics bodies in SA and the Council is undertaking a bio-ethics landscape study into
what exists, who is doing what and what are the gaps. A Biotechnology Advisory
Committee is being established which will include consideration of bio-ethics.

Cabinet approved in November last year the Indigenous Knowledge System (IKS)
Policy. Detailed policy matters that emerge from this that need further work include:
clarification of roles of different institutions; scientific validation of indigenous
knowledge – how to verify, accredit and appropriately validate indigenous
knowledge; integration of IKS into education.

The National R&D Strategy identifies the problem that SA has no formal policy
framework or legislation for intellectual property protection of publically financed
research. Benefit sharing, the cost of patenting, the sale of intellectual property rights
outside of SA, the quality of licensing agreements and the professional management
of intellectual property protection in universities and research councils are important
issues that need to be addressed. DTI is responsible for amending the Patents and
Copyright Acts.

DST is busy developing a National Technology Transfer Strategy. This will be a key
document to give direction to how SA can take up the technology transfer opportunity
within various MEAs.

2.9 Overlap with/link to other MEAs

As described in section 2.1 above the CBD is the framework convention on
biodiversity and intersects with numerous other biodiversity related MEAs. It relates
to the implementation of the JPOI – CSD programme of work. It interfaces with the
WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS),
indigenous knowledge systems, patents and the work done by other international
organisation like WIPO and WTO.

2.10 Prioritisation for DST



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The CBD is such an all encompassing Convention that touches many aspects of
DST‘s work that it is already a priority. The challenge is identifying focus points for
2005 and for the medium and long term. Observation research is key to understanding
the status of biodiversity, and this has to take place over the long term. The current
emphasis within DST appears appropriate, but it is recommended that the following
focus areas are re-emphasised:
     Discussing whether SA has adequately engaged in and taken up opportunities
        in the technology transfer arena
     Identifying and addressing specific biodiversity gaps in collaboration with the
        existing biodiversity networks. An example of a gap is in the area of seed
        biology - the lack of a national seed bank of indigenous seeds
     Putting in place a policy and legislative framework for the management of
        intellectual property arising from publically funded research
     Taking the IKS Policy to a more detailed level, in particular scientific
        validation of indigenous knowledge
     Interventions in support of inter-department coordination around the
        implementation of the biosafety mechanisms for GMOs required by the
        Biosafety Protocol




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Final Report on Science and Technology Implications of MEAs                  By Lala Steyn



3. MEAs relating to Climate Change and the Atmosphere – United
Nations Framework Convention for Climate Change (UNFCCC),
Kyoto Protocol and Montreal Protocolii
3.1 Objective and importance of UNFCCC for SA

Climate change as a result of human activities is one of the most serious
environmental problems facing nations today and one of the most difficult to address
as it is a problem of the global commons. In April 2001, the UN sponsored
Intergovernmental Panel on Climate Change (IPCC) released a seminal report setting
out the hard facts: worldwide temperatures have climbed more than 1 degree F (just
over half a degree C) over the past century with the 1990s being the hottest decade on
record. Because of our use of coal, oil, and gas for energy, and the loss and
degradation of our forests, our planet is warming faster than at any time in the last
10,000 years. The warming of the Earth's atmosphere is already adversely affecting
fragile ecosystems and poor people‘s livelihoods. SA ranks in the top 20 emitting
countries, largely due to our high dependence on coal for energy.

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. Recent severe storms, floods and droughts, for example,
appear to show that computer models predicting more frequent "extreme weather
events" are on target. The sea level rose on average by 10 to 20 cm during the 20th
century, and an additional increase of 9 to 88 cm is expected by the year 2100. If the
higher end of that scale is reached, the sea could overflow the heavily populated
coastlines of such countries as Bangladesh, cause the disappearance of some nations
entirely (such as the island state of the Maldives), foul freshwater supplies for billions
of people, and spur mass migrations. Agricultural yields are expected to drop in most
tropical and sub-tropical regions -- and in temperate regions, too, if the temperature
increase is more than a few degrees. Drying of continental interiors, such as central
Asia, the African Sahel, and the Great Plains of the United States, is also forecast.
These trends are projected to accelerate over the coming decades, prompting
governments to adopt the Kyoto Protocol, which calls for industrialized countries to
collectively reduce emissions five percent below 1990 levels from 2008 to 2012.

The UNFCCC sets out a framework for action aimed at stabilizing atmospheric
concentrations of greenhouse gases in order to avoid ―dangerous anthropogenic
interference‖ with the climate system. Controlled gases include methane, nitrous
oxide and, in particular, carbon dioxide. The UNFCCC contains two annexes. Annex I
lists most countries belonging to the Organization for Economic Cooperation and
Development (OECD), which includes many of the world‘s most affluent nations.
Annex I also includes the states of Central and Eastern Europe that were once part of
the Soviet bloc. Under the UNFCCC, Annex I countries committed themselves to
adopting policies and measures aimed at returning their greenhouse gas emissions to
1990 levels by the year 2000. Annex II lists the richest countries (essentially the
OECD countries), which under the UNFCCC agreed to provide ―new and additional
financial resources‖ and to facilitate technology transfer.




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It calls on nations to adopt national policies to stabilise their greenhouse gases
(GHGs) emissions to 1990 levels. An increase in GHGs, due to the additional release
of carbon dioxide by human activity, is a primary cause. GHGs are gases that are
transparent to short wavelength radiation from the sun, but absorb the long
wavelength radiation emitted from the earth, thus causing the earth‘s surface the
warm up. Examples of such gases are carbon dioxide, water vapour, methane, nitrous
oxide, ozone and chlorofluorocarbons.

In December 2004, delegates convened in Buenos Aires for COP-10. With entry into
force of the Kyoto Protocol already secure, discussions focused on how and when to
begin talks on future commitments, and on questions of climate change adaptation.
The issues of how to engage on commitments to combat climate change in the post-
2012 period proved particularly problematic. While the Kyoto deal requires Parties to
begin considering the post-2012 period by 2005, it raises the sensitive issue of how to
include non-Parties.

Having rejected the Kyoto treaty and its emissions commitments, the U.S. was
reportedly wary of talks on subsequent commitments, while some developing
countries seemed determined not to entertain negotiations that might result in calls to
extend emissions commitments to countries not covered by Kyoto. As a result,
delegates struggled behind closed doors over the issue of exactly when and how to
discuss future commitments. After a night of intense consultations that sent the
meeting 17 hours past its scheduled finish, delegates finally agreed to hold one
seminar in 2005 that would not open negotiations leading to new commitments.
Although these discussions made it clear that some Parties are not yet ready to start on
post-2012 negotiations, some observers have noted that the text agreed at COP-10 did
not preclude the initiation of such discussions on the basis of the seminar‘s outcomes.
Environmental groups expressed disappointment at the outcome, however, accusing
the U.S. and Saudi Arabia of weakening the final deal so it included only one seminar,
rather than several7.

Another major issue at COP-10 concerned the more prominent role of adaptation.
With new evidence, such as the Arctic Climate Impact Assessment, pointing to the
increasing impacts of climate change, a number of delegations were pushing for
further support on adaptation for vulnerable countries such as small island developing
States and least developed countries. The debate was complicated by demands from
some oil-producing countries for similar assistance in adapting to a world that is being
urged to respond to climate change by curtailing its fossil fuel use. The final
adaptation package agreed at COP-10—the Buenos Aires Programme of Work on
Adaptation and Response Measures—supports further implementation of measures to
adapt to the adverse effects of climate change, while also addressing calls for
economic diversification for countries affected by the global community‘s response
measures to deal with climate change. However, the world‘s least developed countries
were unable to secure agreement at COP-10 on full-cost funding for adaptation
through the Global Environment Facility8.


7
    IISD Linkages, March 2005, A brief introduction to the UNFCCC, www.iisd.ca
8
    IISD Linkages, March 2005, A brief introduction to the UNFCCC, www.iisd.ca



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Three new funds have been set up under the UN Framework Convention on Climate
Change to strengthen the flow of financial and technological resources to developing
countries to enhance their capacity to address climate change including coping with
its adverse effects.

UNFCCC sets up various structures and forums:

Conference of the Parties: Parties to the UNFCCC continue to adopt decisions,
review progress and consider further action through regular meetings of the COPs.
The COPs is the highest-decision making body of the Convention, and usually meets
annually. DEAT represents SA at the COPs.

Secretariat: The Conference of Parties and the Convention goals are supported by
various bodies and organizations. This includes a Permanent Secretariat with various
duties set out under Article 8 of the UNFCCC. Since 1996, the Secretariat has been
based in Bonn, Germany, after an offer to host it was accepted by Parties to the first
meeting of the COP in 1995.

Subsidiary Bodies: A number of subsidiary bodies also advise the COP. The
Subsidiary Body on Scientific and Technical Advice (SBSTA) links scientific,
technical and technological assessments, the information provided by competent
international bodies, and the policy-oriented needs of the COP. DST is a member of
SBSTA. Some of the issues the SBSTA is currently dealing with are land use, land-use
change and forestry, adaptation, mitigation, and bunker fuels. The Subsidiary Body
for Implementation (SBI) was created to develop recommendations to assist the COP
in reviewing and assessing implementation of the Convention and in preparing and
implementing its decisions. The SBSTA and SBI usually meet twice each year, at the
same time and venue. One of these two yearly meetings generally takes place in
parallel with the COP.

Financing and the Global Environment Facility: The UNFCCC includes provision
under Article 10 for a financial mechanism to support developing countries and
countries with economies in transition to a market economy in implementing the
Convention. Parties to the UNFCCC decided that the Global Environment Facility
(GEF) should act as the financial mechanism, given its expertise in this area.

Other financial resources for implementing the Convention are also available through
the Special Climate Change Fund, the Least Developed Countries Fund, and the
Adaptation Fund, as well as through donor countries and agencies.

Expert Groups and Other Constituted Bodies: The Convention is also supported by a
number of expert groups and other constituted bodies. These include the Consultative
Group of Experts (CGE) on national communications from ―non-Annex I‖ Parties (a
group composed mostly of developing countries). Other bodies include the Least
Developed Country Expert Group (LEG), the Expert Group on Technology Transfer,
and the Executive Board of the Clean Development Mechanism (CDM), which is one
of the mechanisms developed under the Kyoto Protocol to help Annex I Parties meet
their commitments to cut greenhouse gas emissions.




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The Conference of the Parties also cooperates with, and is supported by, numerous
other international organizations and other groups, including scientific bodies, UN
agencies, and other conventions. Key amongst these is the Intergovernmental Panel
on Climate Change (IPCC), established 16 years ago by UNEP and the World
Meteorological Organisation (WMO). The IPCC publishes comprehensive reviews
on climate change science every five to six years, as well as other technical reports
and papers. The role of the IPCC is to assess on a comprehensive, objective, open and
transparent basis the scientific, technical and socio-economic information relevant to
understanding the scientific basis of risk of human-induced climate change, its
potential impacts and options for adaptation and mitigation. Review by experts and
governments are an essential part of the IPCC process. The Panel does not conduct
new research, monitor climate-related data or recommend policies. It is open to all
member countries of WMO and UNEP. The IPCC is a highly regarded group of about
1 000 scientists, and three SA scientists are members. According to one of these
scientists there is little connection between there engagement in the IPCC and the SA
government.

Another group, the open-ended Ad Hoc Group on the Berlin Mandate (AGBM),
which was created following COP-1 and was instrumental in securing the agreement
on the Kyoto Protocol in 1997, no longer convenes.

Other structures in SA are:
    Advisory Body on the CCC – seen by scientists as being dominated by
       industry and not very effective
    Inter Departmental Committee on Climate Change – DST is represented on
       this structure that is convened by DEAT
    SA Global Change Committee – NRF provides the secretariat and every two
       years pulls together a meeting of about 300 scientists involved in climate
       change research. This is a committee of ICSU.
    Joint Implementation Committee on Bio-diesel – presently chaired by DST

The FCCC came into force on 21 March 1994 and has been ratified by 189 countries.
SA ratified it on 29 August 1997 and has acceded to Kyoto. DEAT is the focal point
for the UNFCCC and Kyoto, except for the Clean Development Mechanism where
DME is the Designated National Authority (discussed below).

3.2 Objective and importance of the Kyoto Protocol for SA

The Kyoto Protocol was first agreed in December 1997 in Kyoto, Japan, although
ongoing discussions were needed between 1998 and 2004 to finalize the details of the
agreement. The Protocol obliges industrialized countries and countries of the former
Soviet bloc (known collectively as ―Annex I Parties‖) to cut their emissions of
greenhouse gases by an average of about 5% for the period 2008-2012 compared with
1990 levels. However, under the terms agreed in Kyoto, the Protocol only enters into
force following ratification by 55 Parties to the UNFCCC, and if these 55 countries
included a sufficient number of Annex I Parties that at least 55% of that group‘s total
carbon dioxide emissions for 1990 were represented. Although the world‘s largest
emitter of greenhouse gases, the United States, rejected the Kyoto Treaty in 2001 after
the election of President George W. Bush, a majority of other Annex I Parties,
including Canada, Japan, and the countries of the European Union ratified the treaty.


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Final Report on Science and Technology Implications of MEAs                 By Lala Steyn


In November 2004, the Russian Federation also ratified the Protocol, thus reaching
the 55% threshold.

The Protocol finally entered into force as a legally-binding document on 16 February
2005. By that time, 141 states or regional economic organizations had ratified,
including 30 Annex I Parties that had committed themselves to cutting their
emissions. SA acceded on 31st July 2002 to the Kyoto Protocol. Annex II Parties, the
group of 77, have no such obligations placed upon them because they successfully
argued that global warming is being caused by developed nations and the rest of the
world has a basic right to try to reach comparable levels of economic prosperity. This
means that because SA is a poor nation desperately in need of economic development,
it has no obligation to reduce GHGs.

The Protocol put in place three flexible mechanisms, which are controversial as they
allow industrialised nations to meet their targets without having to reduce their
domestic GHGs. These are:
     The Clean Development Mechanism (CDM) – this allows emissions to be
        traded between industrialised and developing nations, and includes carbon
        sequestration and the transfer of energy-efficient technology to developing
        nations.
     Joint Implementation - restricted to actions in developed nations
     Emission Trading between both developed and developing nations

Although SA is not obliged to reduce its GHGs as the Annex I nations, SA is one of
the top 20 emitting countries due to our reliance on fossils fuels. The energy sector
contributes 78% of our greenhouse gas emissions. It is important for South Africans
to understand the implications of our use of energy, necessary for development, for
the emission of GHGs and the impact of this on global warming and air pollution.
Global warming is expected to have significant negative impacts on SA‘ rich
biodiversity, which is one of our scientific areas identified in DST‘s R&D strategy
where we have geographic advantage. Although SA‘s dependency on coal-generated
energy has negative impacts on people‘s health and on global warming, for the
foreseeable future SA‘s economy will be coal based. Research into both clean coal
and alternative approaches to energy that are sustainable in the long run are critical.

More on the CDM
The CDM works as follows: Industrialized countries pay for projects that cut or avoid
emissions in poorer nations - and are awarded credits that can be applied to meeting
their own emissions targets. The recipient countries benefit from free infusions of
advanced technology that allow their factories or electrical generating plants to
operate more efficiently - and hence at lower costs and higher profits. These benefits
go directly to that company, not to the state. And the atmosphere benefits because
future emissions are lower than they would have been otherwise. The CDM is cost-
effective and offers a degree of flexibility to industrialized countries trying to meet
their targets. It can be more efficient for them to carry out environmentally useful
work in developing countries than at home, where land, technology, and labor are
generally more costly. The benefits to the climate are the same. The system also
appeals to private companies and investors.




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Final Report on Science and Technology Implications of MEAs                By Lala Steyn


The mechanism is meant to work bottom-up - to proceed from individual proposals to
approval by donor and recipient governments to the allocation of "certified emissions
reduction" credits. Countries earning the credits may apply them to meeting their
emissions limits, may "bank" them for use later, or may sell them to other
industrialized countries under the Protocol's emissions-trading system. Private firms
are interested in the mechanism because they may earn profits from proposing and
carrying out such work and because they may develop good reputations for their
technology which will lead to further sales. A possible benefit for everyone is that the
potential for profits may lead these businesses to develop even more useful
technologies. A large potential for CDM projects exists in SA in the energy sector in
the areas of fuel substitution and energy efficiency as SA is heavily dependent on
coal-based energy.

This mechanism offers financial opportunities for SA industry (particularly important
to SASOL and ESKOM) because they will benefit directly through access to
technologies and preferential finance. This mechanism will not, however, make a
difference to the problem of global warming or SA‘s reliance on coal.

To make the CDM work, the government has to set up a number of structures. The
Minister of Environmental Affairs and Tourism published regulations under section
25(3) of the National Environmental Management Act 1998 (Act No. 107 at 1998) in
the Government Gazette on 24 December 2004 to give effect to the CDM established
under Article 12 of the Kyoto Protocol; establish a Designated National Authority as
required by the Protocol; establish an intra-governmental Steering Committee for the
Designated National Authority and related matters.

The Department of Minerals and Energy (DME) is the designated DNA and it has a
small unit, supported by consultants funded through UNDP and DANIDA, to
undertake this work. It is located under the Chief Directorate responsible for Energy
Planning. The regulations describe the duties of the DNA which include:
    Section 3 (1) (d): Facilitate the effective and beneficial participation of South
       Africa and South African public and private sector entities in the activities of
       the CDM;
    Section 3 (1) (e): Promote the establishment of CDM Projects in South Africa
       in cooperation with other government agencies with the same or similar
       responsibilities;
    An inter-departmental Steering Committee of the DNA is established by the
       regulations. The Steering Committee provides an oversight and advisory role.
       To support the CDM promotion duties of the DNA shown above the Steering
       Committee is required to:
    Section 5 (1) (k): establish a sub-committee on the promotion of CDM
       Projects to review and coordinate the implementation and promotion of the
       CDM in South Africa through different Government departments and
       agencies.

In accordance with the procedures for the CDM agreed at Marrakech in 2001
participants in CDM projects will have to provide ―written approval of the voluntary
participation from the designated national authority of each party involved, including
confirmation by the host party that the project activity assists it in achieving
sustainable development‖ (Section 40(a), Decision 17/CP.7). Host country project


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approval is one of the prerequisites of the registration of a potential CDM project with
the UNFCCC and the Kyoto Protocol. The rules which govern the CDM require a
letter from the DNA of the host country which confirms that the project activity
assists it in achieving sustainable development. The CDM procedures leave the
definition of what sustainable development means as a sovereign decision of each
developing country.

Therefore, SA has set up a project approvals procedure for deciding whether a
proposed CDM project does assist the county in achieving sustainable development.
This includes an initial screening (7 projects have already been through this phase)
and a final approval (no projects yet approved). In terms of the procedures for CDM
countries do not develop eligibility criteria for projects as these are developed by the
COPs. An Operational Entity is being established and accredited by the CDM
Executive Board to ensure compliance with eligibility criteria and the rules of the
CDM. The criteria to be used by the DNA in evaluating whether a project supports
sustainable development include Economic - Does the project contribute to national
economic development? Social - Does the project contribute to social development in
South Africa? Environmental - Does the project conform to the National
Environmental Management Act principles of sustainable development?

DST is an active participant in the Steering Committee of the DNA. DME looks to
DST to advise them on the technology aspects of project submissions, in particular to
avoid technology dumping, and to provide advice on policy matters.


3.3 Objective and importance of the Montreal Protocol for SA

The protocol is aimed at ensuring measures to protect the ozone layer. If there had
been no Montreal Protocol and the world consumption of ozone depleting substances
kept on growing, we would in due course have reached the point when the ozone layer
was depleted to such an extent over non-tropical areas of the world that life as we now
know it would not be possible. As the ozone layer absorbs harmful UV-rays from the
sun, damage to the ozone layer means that these harmful rays will penetrate to the
surface of the earth where they may cause skin cancer, blindness and damage the
immune system in humans. They also would have a negative effect on crops,
plankton and animals.

South Africa also ratified the subsequent London Amendments to the protocol
on 12 May 1992 designed to restrict the use of chlorofluorocarbons (CFCs)
and halons. Parliament has approved ratification of the Copenhagen Amendments to
the Protocol and the necessary steps are now being taken for the instrument for
ratification to be deposited. South Africa has however acted in full compliance with
these amendments. Negotiations will continue to phase-out the use of various ozone-
depleting substances such as hydro chlorofluorocarbons (production of which must be
stabilized by 2004) and methyl bromide (which developed countries were originally
to have phased out by 2005).

The Montreal Protocol introduced control measures for some CFCs and halons for
developed countries (non- Article 5 Parties). Developing countries (Article 5 Parties)
were granted a grace period allowing them to increase their use of these ODS before


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Final Report on Science and Technology Implications of MEAs                By Lala Steyn


taking on commitments. To date, the Protocol has 186 Parties. Since 1987, several
amendments and adjustments to the Protocol have been adopted, with amendments
adding new obligations and additional ODS, and adjustments tightening existing
control schedules.

London Amendment and Adjustments
Tightened control schedules and agreed to add ten more CFCs to the list of ODS, as
well as carbon tetrachloride (CTC) and methyl chloroform.
Copenhagen Amendment and Adjustment
Tightened existing control schedules and added controls on methyl bromide,
hydrobromofluorocarbons (HBFCs) and hydro chlorofluorocarbons (HCFCs). They
also agreed to enact non-compliance procedures, including the establishment of an
Implementation Committee.
Montreal Amendment and Adjustments
Further tightening existing control schedules and a new licensing system for the
import and export of ODS. They also agreed to a ban on trade in methyl bromide with
non-Parties to the Copenhagen Amendment.
Bejing Amendment and Adjustments
Controls on HCFC production and bromochloromethane (BCM), and to reporting on
methyl bromide for quarantine and pre-shipment applications
Current Control Schedules
Regarding the ODS control schedules resulting from the various amendments and
adjustments to the Montreal Protocol, non-Article 5 Parties were required to phase
out: halons by 1994; CFCs, CTC, methyl chloroform and HBFCs by 1996; and BCM
by 2002. They must still phase out: methyl bromide by 2005 and consumption of
HCFCs by 2030 (with interim targets up to those dates). Production of HCFCs must
be stabilized by 2004. Article 5 Parties were required to phase out HBFCs by 1996
and BCM by 2002. They must still phase out: CFCs, halons and CTC by 2010; methyl
chloroform and methyl bromide by 2015; and consumption of HCFCs by 2040 (with
interim targets up to those dates). Production of HCFCs must be stabilized by 2016.

South Africa is facing a problem of having to phase out methyl bromide of
approximately 1000 tons by 2015. We need to reduce 20% by 2005. In terms of the
protocol and the reclassification of SA as a developing country we are not eligible for
funding through the Multilateral Fund. GEF funding of US$ 350 000 have been
approved for SA to develop a proper project proposal

    DEAT has identified the following priorities for implementation of Montreal:
     Research and Development around issues on feasible alternatives to methyl
      bromide and other ozone depleting substances
     Even though there are of alternatives to methyl bromide, there is a need to do
      validation and evaluation of these alternatives looking at different uses of
      methyl bromide
     National legislation on the management of ozone depleting substances.

The following gaps have been identified in S.A:
    Illegal possession and trafficking of the ozone depleting substances
    Disposal of disposable cans or cylinders
    Absence of national legislations to control ozone depleting chemicals



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3.4 S&T implications and agenda of the UNFCCC and Kyoto

The UNFCCC is deeply scientific, technical and complex. It is also a Convention that
applies across sectors and impacts on the work at least seven or eight key departments
– e.g. DME, DTI, DoA, Health. It is not possible or appropriate to attempt to set out
all of the S&T implications of the Convention. Rather a few key aspects are
discussed.

Technology transfer
    Article 4.5 of UNFCCC - Under the Convention, the developed country
      Parties and other developed Parties included in Annex II shall 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
    Article 10(c) of Kyoto – The above commitment is echoed here
    Marrakesh Accords, at COP 7, decision 4/CP7 - Parties agreed to work
      together on a set of technology transfer activities, grouped under a framework
      for meaningful and effective actions to enhance the implementation of Article
      4.5 of the UNFCCC. Actions to implement the framework include the
      organization of meetings and workshops, the development of methodologies to
      undertake technology needs assessments, the development of a technology
      transfer information clearinghouse, including a network of technology
      information centres, actions by governments to create enabling environments
      that will improve the effectiveness of the transfer of environmentally sound
      technologies, and a list of capacity building activities needed for the
      enhancement of technology transfer under the Convention. Funding to
      implement the framework is to be provided through the GEF climate change
      focal area and the special climate change fund. The Marrakesh Accords
      provides for the establishment of an Expert Group on Technology Transfer
      (EGTT) that will report to the SBSTA. COPs 12(2006) will assess progress.
      A technology information system TT:CLEAR, has been developed. The main
      objective of TT:CLEAR is to improve the flow of, access to and quality of
      information relating to the development and transfer of environmentally sound
      technologies under the Article 4.5 of the Convention and to contribute to more
      efficient use of available resources by achieving synergy with other ongoing
      efforts.
    Technology needs assessment (decision 4/CP.7) - The purpose of technology
      needs assessments is for a country to identify and analyse priority technology
      needs. Decision 4/CP.7 defines technology needs assessments as:
          o "a set of country-driven activities that identify and determine the mitigation and
                adaptation technology priorities of Parties other than developed country Parties, and
                other developed Parties not included in Annex II, particularly developing country
                Parties. They involve different stakeholders in a consultative process to identify the
                barriers to technology transfer and measures to address these barriers through
                sectoral analyses. These activities may address soft and hard technologies, such as
                mitigation and adaptation technologies, identify regulatory options and develop fiscal
                and financial incentives and capacity-building‖.
       SA is presently busy with its technology needs assessment. This is discussed
        below.



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Adaptation
The UNFCCC refers to adaptation in several of its articles:
    Article 2 – Objective: to allow ecosystems to adapt
            o   ―The ultimate objective of this Convention and any related legal instruments that the
                Conference of the Parties may adopt is to achieve, in accordance with the relevant
                provisions of the Convention, stabilization of greenhouse gas concentrations in the
                atmosphere at a level that would prevent dangerous anthropogenic interference with
                the climate system. Such a level should be achieved within a time-frame sufficient to
                allow ecosystems to adapt naturally to climate change, to ensure that food
                production is not threatened and to enable economic development to proceed in a
                sustainable manner.‖
       Article 4.1(b): All Parties shall take measures to facilitate adaptation to
        climate change
            o   ―Formulate, implement, publish and regularly update national and, where
                appropriate, regional programmes containing measures to mitigate climate change by
                addressing anthropogenic emissions by sources and removals by sinks of all
                greenhouse gases not controlled by the Montreal Protocol, and measures to facilitate
                adequate adaptation to climate change.‖ This is complemented by Article
                3(3), which calls on parties to ―take precautionary measures to anticipate,
                prevent or minimize the causes of climate change and mitigate its adverse effects‖.
       Article 4.1(e): All Parties shall cooperate on adaptation
            o   ―Cooperate in preparing for adaptation to the impacts of climate change; develop
                and elaborate appropriate and integrated plans for coastal zone management, water
                resources and agriculture, and for the protection and rehabilitation of areas,
                particularly in Africa, affected by drought and desertification, as well as floods.‖
       Article 4.1(f): All Parties shall
            o   ―Take climate change considerations into account, to the extent feasible, in their
                relevant social, economic and environmental policies and actions, and employ
                appropriate methods, for example impact assessments, formulated and determined
                nationally, with a view to minimizing adverse effects on the economy, on public
                health and on the quality of the environment, of projects or measures undertaken by
                them to mitigate or adapt to climate change.‖
       Article 4.4: Developed nations to assist developing nations with adaptation
        costs:
            o   ―The developed country Parties and other developed Parties included in Annex II
                shall also assist the developing country Parties that are particularly vulnerable to the
                adverse effects of climate change in meeting costs of adaptation to those adverse
                effects.‖
       Adaptation to current and future climate change is a cross-cutting issue with
        environmental and human dimensions. The international climate regime has
        yet to develop coherent institutional structures and detailed rules to ensure the
        effective implementation of obligations concerned with adaptation. Both the
        substantive obligation to adapt contained in the UNFCCC and the obligations
        to finance such measures needs to be further developed.

Reporting, funding and compliance
    Article 12 (1) of UNFCCC – Requires all Parties to report on the steps they
       are taking to implement the Convention. In accordance with this article, the
       COPs has elaborated several different types of reports and related guidelines
       and procedures consistent with the common but differentiated responsibilities
       of Parties. SA took five years to submit its first national communication, and
       is busy preparing its second.
    Article 4(3) of the UNFCCC - Annex II parties are obliged to provide new and
       additional financial resources to meet the agreed full costs of developing
       countries‘ national reporting obligations (under UNFCCC, Article 12(1)).


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Final Report on Science and Technology Implications of MEAs                             By Lala Steyn


       Article 12(8) of the Kyoto Protocol - provides that ―a share of proceeds‖ from
        CDM project activities shall be used to ―assist developing country parties that
        are particularly vulnerable to the adverse effects of climate change to meet the
        costs of adaptation‖. At COP-6, parties agreed that the share of proceeds shall
        be ―2% of the certified emissions reductions issued‖. These monies will be
        transferred to the newly established Kyoto Protocol, through the GEF, which
        will administer the fund. Only parties to the Kyoto Protocol are eligible to
        receive assistance through the fund.
       Compliance - The UNFCCC is seen as generally having ‗soft‘ commitments
        while Kyoto Protocol has both ‗hard‘ and ‗soft‘ commitments. Like many
        other MEAs, the UNFCCC contains unenforceable provisions for monitoring
        and reporting by parties on their performance under the treaty, and for review
        of that reporting and performance. By contrast, the Kyoto Protocol, with its
        novel market mechanisms and binding emissions targets, is far more
        ambitious. The Kyoto Protocol establishes formalized procedures and
        institutions for the independent administration of facilitation and enforcement.
        The Kyoto compliance system includes a facilitative branch, which will assist
        States to meet their obligations by providing guidance, incentives and
        technical assistance in securing compliance with Protocol commitments. The
        compliance system also includes an independent, quasi-judicial enforcement
        branch, which will have the authority to declare publicly and formally that a
        country has violated its treaty obligations when it exceeds its emissions
        target9.

Clean Development Mechanism
Article 12 the Kyoto Protocol - defines a Clean Development Mechanism ("CDM"),
the purpose of which is to:
        a) to assist developing country Parties to the Kyoto Protocol (non-Annex I Parties) in
        achieving sustainable development, thereby contributing to the ultimate objective of the
        Convention; and
        b) to assist developed country Parties to the Kyoto Protocol (Annex I Parties) in achieving
        compliance with part of their quantified emission limitation and reduction commitments as
        defined under Article 3 of the Protocol.

Developments in SA re the CDM are described above.

3.5 Key issues on 2005 international agenda and calendar of events of the
UNFCCC, Kyoto and Montreal

DEAT has identified the UNFCCC as a high priority (meaning it is an area of
strategic priority and focus requiring full DEAT participation) because there are a
number of contentious issues with potential future new and additional resources,
investment and tech transfer. They identify the following issues of importance for SA:
     GEF Funding for climate change without any allocation system
     Entry into force of Kyoto protocol
     Financial and technical support for implementation of the action plan of the
        environment initiative of NEPAD

9
 Wang X & Wiser G, 2002, The Implementation and Compliance Regimes under the Climate Change
Convention and its Kyoto Protocol, RECEIL 11(2) 2002



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       Capacity building
       SA will benefit from the operationalisation of the climate change fund and
        wants to encourage Annex 1 nations to make the necessary contributions

DEAT has identified Montreal as an intermediate priority (meaning that DEAT
should participate in international events but not play a leading role) because great
success has already been achieved and there are no serious contentious issues and
identified the following issues:
     Funding for South Africa to deal with methyl bromide
     Support for Africa – NEPAD Environment initiative



Calendar of events
    Energy and Environment Ministerial Roundtable London, UK (8 – 9 March
      2005), Preparatory meeting to be attended by senior DEAT officials
    First Joint meeting of G8 Ministers for Environment and Development
      Derbyshire, UK (17 – 18 March 2005); The meeting will focus on the impact
      of climate change on Africa and on measures to help developing countries
      combat the growing problem of illegal logging. These two issues illustrate the
      close links between the development and environment agendas. For further
      contact: Department of Environment, Food and Rural Affairs (DEFRA),
      public enquiries: 08459 335577; Internet: http://www.defra.gov.uk
    UNFCCC Seminar of Government Experts to be held in Switzerland (exact
      date not available yet) 22nd Session of the Subsidiary Bodies to the UNFCCC
      Bonn, Germany; (16 to 27 May 2005); Following an agreement at the 10th
      Conference of Parties to the UNFCCC in December 2004, SB-22 will be
      preceded by a ―Seminar of Government Experts‖, which will seek to promote
      an informal exchange of information on actions concerning mitigation and
      adaptation, and on policies and measures adopted by governments supporting
      implementation of existing commitments under the UNFCCC and Kyoto
      Protocol. For more information contact: UNFCCC Secretariat, tel: +49-228-
      815-1000, fax +49-228-815-1999, e-mail: secretariat@unfccc.int; internet:
        http://www.unfccc.int
       2nd Extraordinary meeting of Parties to the Montreal Protocol – 25th Meeting
        of the Open Ended Working Group Montreal, Canada (27 June to 1 July
        2005); This meeting is tentatively scheduled to take place during the last week
        of June or the first week of July 2005 in Montreal, Canada. The Extraordinary
        meeting will seek to resolve disagreements over exemptions allowing methyl
        bromide use in 2006. For more information contact: Ozone Secretariat; tel
        +254-2-62-3850; fax: +254-2-62-3601; e-mail: ozoneinfo@unep.org; internet:
        http://www.unep.org/ozone
       G8 Summit Gleneagles, Scotland (6 to 8 July 2005); G8 Summit will take
        place at Gleneagles and will focus on climate change and Africa. The G8
        group of countries comprises the UK, USA, Canada, Japan, France, Germany,
        Italy and Russia. The EU Presidency and the European Commission are also
        invited to G8 meetings. http://www.defra.gov.uk/new/2004/041215b.htm
       Danish Informal Dialogue on Climate Change: Impact of Global Warming
        Ilullisat, Greenland (16 to 18 August 2005); Impact of Global Warning –
        discussion around melting polar ice cap and impact on livelihoods: Focus on
        Arctic region. (Contact: Rob Spaull or Dr Shaun Vorster – 021-465 7240) 17th


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        Meeting of the Parties to the Montreal Protocol.Dakar, Senegal (1 November
        2005); MOP-17 is tentatively scheduled to take place in November 2005 in
        Dakar, Senegal. For more information contact: Ozone Secretariat; tel: +354-2-
        62-3850; fax: +254-2-62-3601; e-mail: ozoneinfo@unep.org; Internet:
        http://www.unep.org/ozone


3.6 DST work that relates to the UNFCCC and the Kyoto Protocol

DST is actively involved in the following aspects related to the UNFCC and Kyoto:

1. Member of Government Committee on Climate Change convened by DEAT
Majorie Pyoos from DST is an active member.

2. Technology transfer needs assessment
In terms of the UNFCC developed countries need to transfer technology to developing
countries, but they can‘t do this unless developing countries indicate what technology
transfer they need. Thus SA (Bob Scholes from CSIR) is presently undertaking a
needs analysis of our technology needs re climate change. This is an important
window for SA to benefit from technology transfer

3. Communications report
Another obligation we must meet is providing a communications report – South
Africa submitted its‘ initial national communication at COP 9. It took SA more that
five years after receiving the funds to finally submit the document and it is important
to have enough time to prepare national communications of good quality and to start a
process of preparing the 2nd round.

4. Climate change fund
There is also a special GEF climate change fund that needs to develop allocation
criteria and that SA needs to access – DST is not involved in this, it is DEAT‘s
responsibility, but maybe there are opportunities to access more funding for
sustainable energy research needs.

5. Adaptation responses
As SA is vulnerable to the impact of climate change we need to be prepared for
impact on food security and disaster management. DST plans to develop sectoral
R&D plans this year and will need to address this issue there

6. Clean Development Mechanism
DST (Boni Mehlomakhulu) sits on the Designated National Authority (DNA) of the
Clean Development Mechanism. In order to meet the participation requirements of in
the CDM, SA has appointed DME as the DNA and established a Steering Committee.
Guidelines for CDM are being developed by DME with DST‘s input.

7. Bio-fuels
The option of developing a clean energy such as bio-diesel fuel being added into
diesel fuel is being investigated. DST (Majorie Pyoos) chairs a Joint Implementation
Committee comprised of government and private sector role players on bio-diesel.



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Research on types of crops and other possible impacts of promoting these underpins
this development. . Additionality condition must be met.

8. Scientific observation research to improve our understanding of climate change
DST is a member of the Subsidiary Body on Scientific and Technical Advise created
under the UNFCCC that addresses both technology transfer and scientific research.
Observation research is undertaken by, amongst others, the following institutions:
    a) SA Weather services – gather meteorological data
    b) The South African Environmental Observation network (SAEON) – an
        emerging national research facility of the NRF funded by DST establishes a
        network of environmental observation nodes across the country to
        dramatically improve our environmental forecasting and early warning
        capabilities. The JPOI calls for collection of data that are accurate, long-term,
        consistent and reliable through environmental observation systems and
        integrated information systems. One such node is Ndlovu in Kruger and
        another Fynbos.
    c) ARC Soil, climate & water has 13 years of observation data
    d) Satellite Application Centre

8. Energy R&D strategy to address issue of sustainable energy source
This is being drafted but not yet available, will be launched in April 2005. A new
public entity, the National Energy Research Institute (NERI) is being established and
DST is responsible with DME to get this up and running. DST has the budget and is
developing with DME NERI‘s strategic action plan. There has been insufficient
research and R&D done in this critical field and NERI will be the mechanism through
which funding for this research will hopefully flow in future. Presently there is no
money for implementation of the Renewable Energy Strategy (developed by DME).
This area is a critical focus.

9. Other areas, not related to MEAs, include:
     International Energy Association
     International Agency for Atomic Energy
     Hydrogen Economy – DME signed an international partnership with the US
       department of Energy. The US is investing heavily in the hydrogen economy,
       and DST now ash to respond to this issue

3.7 Policy implications and gaps

DST‘s Resource Based Technology division is busy developing an Energy R&D
Strategy which will be a key policy document guiding DST‘s work in the energy
sector and the UNFCC/Kyoto. The new National Energy Research Institute (NERI) is
seen as the future conduit for much needed energy research, particularly renewable
energy. Drivers in the energy sector are: energy security; environmental issues; and
rural electrification and upliftment.

DME is developing guidelines for the functioning of the DNA that regulates the CDM
in SA.

Once the technology needs assessment required in terms of the UNFCCC has been
done, a technology transfer strategy, which aligns with the National Energy policy


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and the National R&D Strategy, will be needed. This should set out how the
technology transfer opportunity is to be taken up by SA so that we not only take
transfer of key technologies, but develop our own research and implementation
capacity to use this in an ongoing process. A partnership, co-development model
would be appropriate.

Government is committed to developing a Sustainable Development Strategy.

3.8 Overlap with/link to other MEAs


The UNFCCC has linkages to the work programme of the CSD and targets and goals
of the JPOI. Furthermore it has strong impacts on issues and sectors such as energy,
transport, housing, agriculture and biodiversity. It is the one Convention that is the
most hotly debated and stimulating the most controversy and divisions amongst and
within developed and developing countries.

The Montreal protocol has linkages to the Commission on Sustainable Development
in terms of its programme of work and the targets and goals of the JPOI. This protocol
has also linkages and impact on industry and trade.

3.9 Prioritisation for DST

The impact of climate change is significant with plant and animal extinctions
predicted and devastating human impacts. SA‘s dependency on coal for our energy,
that is fundamental to our economy, is a significant contributor to this global problem.
Although a few SA scientists sit on some of the UNFCC structures such as the IPCC,
the governmental team to key meetings doesn‘t include scientific advisors and there
isn‘t an appropriate level of networked/coordinated climate change research taking
place. There is a gap in that there is no central pool of funds for such research or a
mechanism to facilitate prioritisation, appropriate coverage and ensure that there is
not duplication.

It is recommended that the S&T issues as they relate to the UNFCCC and Kyoto be a
priority for DST. The climate change research sector that has a solid science base
needs to be re-invigorated so that dynamic networks re-emerge. Possible areas of
intervention could include:
          Development of a database of climate change research already taking
          A process for identifying gaps and strategic research priorities and the
            funding mechanism to support this
          More active involvement in identifying how to take up the technology
            transfer opportunities offered by the UNFCCC
          Support to the Global Change Research Committee
          Reconsider how SA reconfigures its relationship with the UNFCCC
            Assessment Body
          Reconsider how SA scientists and the government work together around
            the UNFCCC and Kyoto




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4. MEAS re chemical and hazardous waste management – Basel,
Rotterdam and Stockholm Conventions

4.1 Overview on international agreements re chemical and hazardous waste
managementiii

4.1.1 Introduction

The key MEA, protocols and international plans concerned with chemicals and
hazardous waste management are the:
    Basel Convention on the Control of Transboundary Movements of Hazardous
       Wastes and their Disposal (Basel)
    Rotterdam Convention on Prior Informed Consent (PIC or Rotterdam)
    Stockholm Convention on Persistent Organic Pollutants (POPs or Stockholm)
    Section 23 of the Johannesburg Plan of Implementation (WSSD 2002) only
       with reference to national obligations
    Chapters 19 and 20 of Agenda 21
    Regional agreement - Barcelona Convention for the Protection of the Bamako
       Convention on the Ban of the Import into Africa and the Control of
       Transboundary Movement of Hazardous Wastes within Africa (1991

The key institutional mechanisms related to chemical management are:
    Conference of the Parties (COPs) – after negotiations, handled by an
      Intergovernmental Negotiating Committee and supported by Expert Groups,
      are completed the COPs comes into operation.
    A subsidiary body to the COPs to be called the Persistent Organic Pollutants
      Review Committee (POPROCK). When it comes into existence this
      committee will assess chemicals that have been proposed for addition to the
      Convention and will make recommendations to the COPs
    Intergovernmental Forum on Chemical Safety (IFCS)
    Inter-Organization Programme on the Sound Management of Chemicals
      (IOMC) was established to promote coordination among international
      organizations involved in implementing Chapter 19 of Agenda 21
    Key Global Intergovernmental Organisations (IGOs) are: UNEP, FAO, WHO,
      ILO, IFCS, UNIDO (UN Industrial Development Organization), and UNITAR
      (UN Institute for Training and Research). UNEP provides the secretariat for
      the Basel and Stockholm Conventions. UNEP and FAP jointly provide the
      secretariat for the Rotterdam Convention.

As the above Conventions relate to each other and a holistic approach and
implementation plan is needed to address them, an overview of the international arena
is first provided. Thereafter Chapters 19 and 20 of Agenda 21 and section 23 of the
JPOI are discussed. A short overview of the IFCS is provided. Information is then
provided on each of the three Conventions and their S&T implications.

4.1.2 The international arena re chemicals/hazardous waste management




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Over the past 75 years a host of synthetic chemicals were developed to control
disease, to combat insect pests and to provide unprecedented comfort and
convenience in daily life. These chemicals pose unanticipated hazards and have
caused and continue to cause serious damage to people and the environment.
International agreements have been agreed to manage, and where possible eradicate
these threats. The chemical industry is of fundamental importance to sectors such as
agriculture, industry, and trade and the products of the chemical industry are worth
approximately U.S.$1,600 billion annually and account for around 13 percent of
world trade10. These factors will ensure that chemicals regulation will continue to
occupy a prominent place on the international environmental agenda for the
foreseeable future.

Global action on hazardous chemicals is needed for a number of reasons. Firstly,
transboundary transport of emissions through air, water, ice, and migratory species
results in widespread transnational dispersal. Secondly, many of the activities that
cause chemicals problems are governed or influenced by multiple international
institutions and organizations. The connection between environmental and human
health protection and trade is very strong in chemicals management. Thirdly,
international cooperation is a way of sharing knowledge about the problem and aiding
in the identification of alternative techniques and substitutes. Fourthly, many
developing countries encounter capacity constraints in technical, financial, and/or
human capital and require international support.

Early international efforts were generally about improving the availability of
information about hazardous substances. In the early 1980s, for example, discussions
within the United Nations Food and Agriculture Organization (FAO) and United
Nations Environment Programme (UNEP) led to the development of the 1985
International Code of Conduct for the Distribution and Use of Pesticides and the 1987
London Guidelines for the Exchange of Information on Chemicals in International
Trade. Both the Code of Conduct and the London Guidelines included procedures
aimed at making information about hazardous chemicals more freely available,
thereby permitting countries to assess the risks associated with chemical use.

There are different approaches for how MEAs are developed. One approach is to
develop a Framework Agreement and subsequent Protocols that address specific
issues – such as the UNFCCC and the Kyoto Protocols. Chemicals management
follows another way of regulation. Discrete free standing agreements on different
facets of the problem have been developed without first making use of a framework
agreement. This incremental approach aims to develop functionally narrow and, it is
hoped, linked agreements. The benefit is that it avoids the pitfall of trying to solve
difficult and complex problems at the same time, but its weakness is that it can be
difficult to build a coherent regulatory system out of different agreements negotiated
at different time each with its own constraints. DEAT is faced with the challenge of
developing an integrated implementation plan for chemical and waste management in
SA.




10
 Krueger J & Selin H, Jul-Sept 2002, Governance for Sound Chemicals Management: The Need for a
More Comprehensive Global Strategy, Global Governance, 10752846, Jul-Sep2002, Vol. 8, Issue 3


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4.1.3 Agenda 21

In the period preceding the Earth Summit in 1992, the UNCED Preparatory
Committee identified the collaborative effort of UNEP, the International Labour
Organization (ILO), and the World Health Organization (WHO) in the International
Programme on Chemical Safety (IPCS) as the nucleus for international cooperation
on environmentally sound chemicals management. Chapter 19 of Agenda 21 contains
an international strategy for action on chemical safety with six priority program areas:
     expansion and acceleration of international assessment of chemical risks
     harmonization of classification and labeling of chemicals
     information exchange on toxic chemicals and chemical risks
     establishment of risk reduction programs
     strengthening of national capacity and capability for chemicals management
     prevention of illegal international traffic in toxic and dangerous products

Paragraph 19.38(b) of Agenda 21 calls on States to achieve by the year 2000 the full
participation in and implementation of the Rotterdam PIC procedure, including
possible mandatory applications of the voluntary procedures contained in the
amended London Guidelines and the International Code of Conduct. Agenda 21 also
calls for the establishment of an intergovernmental forum on chemical safety, as it
was believed that there were too many different organizations directly or indirectly
involved in international chemicals management and that a coordinating organization
that dealt exclusively with such issues was needed. For that purpose, the
Intergovernmental Forum on Chemical Safety (IFCS) was established in 1994. In
1995, the Inter-Organization Programme for the Sound Management of Chemicals
(IOMC) was set up to coordinate efforts of international and intergovernmental
organizations in assessing and managing chemicals.

4.1.4 JPOI

The sound management of chemicals was addressed at the World Summit on
Sustainable Development (WSSD), held in Johannesburg from 26 August to 4
September 2002. Delegates agreed to text in the Johannesburg Plan of Implementation
supporting entry into force of the Rotterdam PIC Convention by 2003 and the
Stockholm POPs Convention by 2004. The JPOI also contains commitments to
    reduce the significant effects of chemicals and hazardous waste on human
       health and the environment by 2020;
    encourage countries to implement the new globally harmonized system for the
       classification and labeling of chemicals, with a view to having the system
       operational by 2008;
    promote efforts to prevent international illegal trafficking of hazardous
       chemicals and hazardous waste, as well as damage resulting from the
       transboundary movement and disposal of hazardous waste; and
    further develop a strategic approach to international chemicals management
       based on the Bahia Declaration and Priorities for Action beyond 2000 of the
       Intergovernmental Forum on Chemical Safety (IFCS) by 2005.

4.1.5 Intergovernmental Forum on Chemical Safety (IFCS)




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The IFCS was created by the International Conference on Chemical Safety held in
Stockholm in April 1994. The IFCS is a unique, overarching mechanism for
cooperation among governments, intergovernmental and non-governmental
organizations for the promotion of chemical risk assessment and the environmentally
sound management of chemicals. The Forum is a non-institutional arrangement, in
terms of which representatives of governments meet together with intergovernmental
and non-governmental organizations with the aim of integrating and consolidating
national and international efforts to promote chemical safety. The IFCS involves,
encourages and supports the participation of relevant stakeholders. The wide range of
stakeholder participation is seen to provide the IFCS with a remarkable ability to
identify answers and assessments to the problems to health and environment raised by
chemicals.

The role of the IFCS, as defined by the Terms of Reference, is to provide clear and
consistent advice for cost-effective, integrated risk assessment and management of
chemicals and to improve delineation and mutual understanding of roles, initiatives
and activities both within and among governments and IGOs which have
responsibility for chemical safety. Forum I also took steps to provide financial and
administrative arrangements for the Forum and adopted a resolution containing
detailed recommendations on priorities for action in implementing Agenda 21. The
IFCS Terms of Reference established the Intersessional Group (ISG) to meet between
sessions of the Forum in order to provide advice to the cooperating organizations of
the IPCS. The ISG makes recommendations to the Forum, studies special problems
and advises on the implementation of strategies and programmes as approved by the
Forum. The ISG is comprised of the officers of the Forum and not more than 26
government participants elected by the Forum.

At its Third Session (Forum III), held in October 2000 in Salvador da Bahia, Brazil,
the IFCS adopted the Bahia Declaration on Chemical Safety, in which the
participating partners of the IFCS committed to achieving a set of key goals. These
goals, which are described in more detail in the Priorities for Action Beyond 2000,
include targets for:
     Data on inherent hazards in other geographical areas than temperate climatic
        regions
     Ensuring relevant hazard data becomes available in the shortest possible time-
        frame
     Ensuring availability of information on hazards at export of hazardous
        chemicals
     The management of stocks of pesticides and other chemicals that are no longer
        in use
     Global measures against persistent organic pollutants
     Raising the issue of poisoning of users of toxic pesticides
     National plans of action against hazardous chemicals
     Taking action against illegal traffic with chemicals
     Assisting countries to be able to work in all of the Forum‘s programme areas.

4.2 Objective and importance for SA of the Basel Convention on the Control of
Transboundary Movements of Hazardous Wastes and their Disposal




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The Basel Convention was adopted in 1989 under the auspices of the UNEP in
response to concerns about toxic waste from industrialized countries being dumped in
developing countries and countries with economies in transition. The objectives of the
Basel Convention are to protect human health and the environment by minimizing the
generation of hazardous wastes (chemical waste is included under this) and to control
and reduce their transboundary movements. The main principles of the Convention
are that: transboundary movements of hazardous wastes should be reduced to a
minimum consistent with their environmentally sound management; hazardous wastes
should be treated and disposed of as close as possible to their source of generation;
and hazardous waste generation should be reduced and minimized at source. During
its first decade, the Convention‘s principal focus was the elaboration of controls on
the movement of hazardous wastes across international frontiers, and the development
of criteria for environmentally sound management of the wastes. More recently the
work of the Convention has emphasized full implementation of treaty commitments
and minimization of hazardous waste generation.

The Basel Convention covers hazardous wastes that are explosive, flammable,
poisonous, infectious, corrosive, toxic, or ecotoxic. The categories of wastes and the
hazardous characteristics are set out in Annexes I to III of the Convention. Lists of
specific wastes characterized as hazardous or non-hazardous are in Annexes VIII and
IX. biphenyls (PCBs), polychlorinated terphenyls (PCTs), and tris (2,3
dibromopropyl) phosphate.

In order to achieve these objectives, the Convention contains several general
obligations. For example, waste exports are prohibited to Antarctica (Art. 4.6) and to
countries that have banned such imports as a national policy (Art. 4.1); additionally,
waste exports to nonparties are prohibited unless they are subject to an agreement that
is as stringent as the Basel Convention (Arts. 4.5 and 11). Those hazardous waste
transfers that are permitted under the Basel regime are subject to the mechanism of
prior notification and consent, which requires that a party does not export hazardous
wastes to another party without the consent of the ―competent authority‖ in the
importing state (Art. 6). The most important development since the negotiation of the
Convention has been the 1995 decision to ban hazardous wastes destined for disposal
or recycling sent from Organisation for Economic Cooperation and Development
(OECD) countries to non-OECD countries.

Certain chemicals regulated by the Stockholm and Rotterdam Conventions are subject
to the Basel Convention if they are categorized as ―hazardous waste‖ in Basel
Convention terms. The Basel Convention defines a waste as follows: ―Wastes‖ are
substances or objects which are disposed of, or are intended to be disposed of, or are
required to be disposed of by the provisions of national law. The Convention then
goes on to define ―disposal‖ as any ―operations which do not lead to the possibility of
resource recovery, recycling, reclamation, direct re-use or alternative use‖ (that is,
final disposal); disposal also means any ―operations which may lead to resource
recovery, recycling, reclamation, direct re-use or alternative uses‖ (that is, to recycle
something, in Basel terms, is also to dispose of it). The Convention already identifies
several waste POPs in Annex I, particularly wastes containing or contaminated with
PCBs (polychlorinated biphenyls) or PBBs (polybrominated biphenyls). Annex VIII
of the Convention also restricts trade in wastes from biocides, including waste



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pesticides and herbicides that are outdated or unfit for their originally intended use;
and wastes from the production, preparation, and use of pharmaceutical products.

However, rather than define ―hazardous wastes‖ in detail, the Convention creates a
mechanism to determine when wastes are hazardous. Wastes are designated as
hazardous in the context of the Basel Convention if they belong to certain categories
(Annex I) and contain certain characteristics (Annex III). The debate over how to
determine which wastes are hazardous and which are not was a contentious one
during the negotiations (due to the fact that different national definitions of
―hazardous‖ often reflect different economic and environmental priorities) and
remains contested in the ongoing debates regarding wastes destined for recovery and
recycling.

The Basel Convention suffers two drawbacks in its ability to control the disposal of
hazardous chemicals. Firstly, in order to fall under Basel regulations, the substance
would have to satisfy Basel's definition of both ―waste‖ and ―hazardous.‖ Even
though many of the most toxic chemicals being regulated for production and use
would easily qualify for the hazardous label, they may not be defined as waste, but as
―secondary product‖ or ―aid‖, and then Basel restrictions do not apply. Secondly, the
Convention does little to improve the capacity of countries to manage either imported
or domestically generated hazardous chemical waste. This is of specific importance to
developing countries that generate their own chemical waste or have been the subject
of sham shipments of outdated chemicals labeled ―aid.‖ The Convention focuses more
on the trade component of hazardous wastes than on safely managing their disposal
regardless of source.

One of the main provisions is related to national reporting by Parties to the
Convention. Parties are required to provide information on e.g., generation, export
and import, disposal of hazardous wastes, as well as information on the measures
adopted by them in implementing of the Convention. This information is reviewed
and compiled by the Secretariat and is presented in an annual report. The Working
Group for Implementation examines the report(s). The compliance procedure of the
Basel Convention is still in its early stage of development, dealing so far only with
data reporting. If a party believes that another party is in breach of its obligations
under the Convention, it is required to inform the Secretariat – but yet no established
procedure to ensure compliance. However, if illegal traffic arises because of conduct
on the part of an exporter, the State of export is generally required to take back the
wastes involved.

The Basel Protocol on Liability and Compensation was adopted at the Fifth
Conference of Parties (COP-5) on 10 December 1999. The Protocol talks began in
1993 in response to the concerns of developing countries about their lack of funds and
technology for coping with illegal dumping or accidental spills. The objective of the
Protocol is to provide for a comprehensive regime for liability as well as adequate and
prompt compensation for damage resulting from the transboundary movement of
hazardous wastes and other wastes, including incidents occurring due to illegal traffic
in those wastes. The Protocol addresses who is financially responsible in the event of
an incident. Each phase of a transboundary movement, from the point at which the
wastes are loaded on the means of transport to their export, international transit,
import, and final disposal, is considered.


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Very recently, on 1 March this year, the Secretariat of the Basel Convention and the
Regional Seas Programme joined forces in the fight against coastal pollution with the
signing of a Memorandum of Understanding in Nairobi. The Regional Seas
Programme is an alliance amongst the Regional Seas Conventions and Action Plans
(RSCAP). Its objective is the protection of the coastal and marine environment,
having concern not only for the consequences but also for the causes of environmental
degradation and encompassing a comprehensive approach to combating
environmental problems through the management of marine and coastal areas. The
main area of cooperation is the environmentally sound management of hazardous
wastes in order to prevent coastal and marine pollution. Marine litter is targeted
through the environmental management of plastic waste, used lead-acid batteries and
used oils and lubricants. The two organisations will raise awareness on hazardous
waste and marine pollution and support each other with technical and legal training.

The Basel Convention was adopted in 1989 and entered into force on 5 May 1992. SA
acceded to it on 5 April 2004. SA‘s Competent Authority, i.e. the Party responsible
for receiving the notification of a transboundary movement of hazardous wastes or
other wastes, and any information related to it, and for responding to such a
notification, as provided in Article 6, is DEAT‘s Chief Directorate: Pollution Control
and Waste Management. SA‘s focal point, i.e. the entity of a Party referred to in
Article 5 responsible for receiving and submitting information as provided for in
Articles 13 and 16, is the same.

4.3 Objective and importance of the Rotterdam Prior Informed Consent (PIC)
Convention for SA

Dramatic growth in chemicals production and trade during the past three decades had
highlighted the potential risks posed by hazardous chemicals and pesticides. Countries
lacking adequate infrastructure to monitor the import and use of such substances were
particularly vulnerable. In the 1980s, UNEP and FAO developed voluntary codes of
conduct and information exchange systems, culminating in the Prior Informed
Consent (PIC) procedure introduced in 1989. The Rotterdam Convention replaced this
arrangement with a mandatory PIC procedure and regulates the export and import of
hazardous chemicals. Time will tell how effective the move is from a voluntary
system to a legally binding one. Countries such as Russia, China and the USA have
not yet ratified the Convention and some countries that are parties may hesitate to
commit to or even oppose future legally binding commitments.

Rotterdam was negotiated in five sessions, beginning in December 1995 and ending
in March 1998 under UNEP and FAO auspices. The PIC Convention initially covered
twenty-two pesticides and five industrial chemicals. Since then, four more chemicals
have been added, and it is expected that dozens more will be added as the provisions
of the Convention are implemented.

According to the Convention, export of a listed chemical can take place only with the
prior informed consent of the importing party. The PIC procedure is a means for
formally obtaining and disseminating the decisions of importing countries regarding
whether they wish to receive future shipments of a certain chemical and for ensuring
compliance with these decisions by exporting countries. The aim is to promote a


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shared responsibility between exporting and importing countries in protecting human
health and the environment from the harmful effects of such chemicals.

In addition to the PIC procedure, the Convention provides for technical assistance.
Parties with more advanced programs for regulating chemicals should provide
technical assistance, including training to other parties in developing their
infrastructure and capacity to manage chemicals throughout their life cycle. The
Convention also contains provisions for the exchange of information among parties
about potentially hazardous chemicals that may be exported and imported and
provides for a national decision making process regarding import and compliance by
exporters with these decisions.

Given the emphasis on the trade in hazardous chemicals, the Rotterdam Convention
also had to ensure that it did not clash with the multilateral trading system (in the form
of General Agreement on Tariffs and Trade [GATT] regulations and the World Trade
Organization [WTO]). Decisions taken by the importing party must be trade neutral;
that is, if the party decides it does not consent to accepting imports of a specific
chemical, it must also stop domestic production of the chemical for domestic use or
imports from any nonparty. There were concerns expressed during the negotiations
relating to the relationship between the Convention and WTO provisions.

At present the Rotterdam Convention subjects to the Prior Informed Consent
procedure the following 22 hazardous pesticides: 2,4,5-T, aldrin, captafol, chlordane,
chlordimeform, chlorobenzilate, DDT, 1,2-dibromoethane (EDB), dieldrin, dinoseb,
fluoroacetamide, HCH, heptachlor, hexachlorobenzene, lindane, mercury compounds,
and pentachlorophenol, plus certain formulations of methamidophos, methyl-
parathion, monocrotophos, parathion, and phosphamidon. It also covers five industrial
chemicals: crocidolite, polybrominated biphenyls (PBBs), polychlorinated biphenyls
(PCBs), polychlorinated terphenyls (PCTs), and tris (2,3 dibromopropyl) phosphate.

The Convention establishes a Conference of the Parties to oversee implementation
and a Chemicals Review Committee to review notifications and nominations from
Parties and make recommendations on which chemicals should be included in the PIC
procedure. It also establishes a Secretariat, whose functions are to be performed
jointly by UNEP and FAO.

The Rotterdam Convention entered into force on 24 February 2004. As of March
2004 it had 73 signatories and 63 Parties. The Designated National Authority is
DEAT, Dr Godfrey Mvuma. SA acceded on 4 September 2002. Specific national
legislation will have to be prepared following the procedure set out in section 25 of
the National Environmental Management Act of 1998.

4.4 Objective and importance of the Stockholm Convention on Persistent
Organic Pollutants (POPs) Convention for SA

The objective of the Stockholm POPs Convention is to protect human health and the
environment from persistent organic pollutants. Over the past 75 years a host of
synthetic chemicals were developed to control disease, to combat insect pests and to
provide unprecedented comfort and convenience in daily life. These chemicals pose




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unanticipated hazards and have caused and continue to cause serious damage to
people and the environment. They have four characteristics:
    They are toxic
    They resist the normal processes that break down contaminants in the body
       and the environment
    They are not readily excreted and accumulate in body fat
    They can evaporate and travel great distances (i.e. also a global commons
       problem)

POPs calls for international action on 12 POPs grouped into 3 categories:
   Pesticides - DDT, aldrin, chlordane, dieldrin, endrin, hectachlor, mirex, and
      toxaphen
   Industrial chemicals hexachlorobenzene (HCB) and polychlorinated biphenyls
      (PCBs)
   Unintended by-products: dioxins and furans.

The Convention seeks the elimination or restriction of production and use of all
intentionally produced POPs, as well as the continuing minimization and, where
feasible, ultimate elimination of the releases unintentionally produced POPs (such as
dioxins and furans). Stockpiles must be managed and disposed of in a safe, efficient
and environmentally sound manner. The Convention imposes certain trade
restrictions.

The chemicals listed for elimination under the Convention are aldrin, chlordane,
dieldrin, endrin, heptachlor, hexachlorobenzene (HCB), mirex and toxaphene, as well
as polychlorinated biphenyls (PCBs). Continued use of the pesticide DDT is allowed
for disease vector control until safe, affordable and effective alternatives are in place.
DDT is probably the most well known in SA, particularly as it is being widely used in
an attempt to eradicate malaria that is causing widespread disease and impeding
development in the northern and northeastern parts of the country. Despite the
negative impacts of DDT, the SA government has continued to use it to eradicate
malaria as failing to do so would have been more detrimental to people‘s health.
Countries must make determined efforts to identify, label and remove PCB-containing
equipment from use by 2025. Industrial chemicals such as PCBs used in insulators in
electrical transformers and capacitators can be replaced by biodegradable substitutes
such as mineral oils and silicone oils.

The Convention also seeks the continuing minimization and, where feasible,
elimination of the releases of unintentionally produced POPs such as the industrial
byproducts dioxins and furans. Dioxin emissions can be significantly reduced through
the following kinds of actions: eliminating the use of chlorine bleaching in pulp and
paper manufacturing; waste disposal programme that focus on recycling, reuse and
composting rather then incineration; and replacing PVC plastic with other plastics that
don‘t contain chlorine or more traditional materials such as wood, metal paper and
glass.

POPs is relevant to SA‘s poverty alleviation programmes because POPs often have
the most negative impacts on poor people who live close to industrial zones or who
drink water from polluted rivers and try to make a livelihood from degraded soils.



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Stories about the negative impacts of hazardous waste dumps or inappropriate
disposal of waste (such as dumping of medical equipment) are published fairly
regularly in the media. For example, chlordane, a pesticide used mainly on building
sites to get rid of termites underground, was in the news when it was reported that
thousands of litres of chlordane were still being manufactured and sold mainly to
other African countries by Gulf Chemicals (holding company is Volcano
Agrosciences), a KZN based company.

The main requirements that South Africa has to address in the implementation of
POPs are the following:
    Article 5 -Measures to reduce or eliminate releases from unintentional
      production
    Article 6 - Measures to reduce or eliminate releases from stockpiles and
      wastes
    Article 7 – Develop a National Implementation Plan by May 2006
    Article 9 - Obligation to establish a national focal point dealing with
      information exchange: this is presently DEAT
    Article 10 - Develop and implement appropriate information dissemination
      programmes
    Article 11 – Encourage and undertake research on all matters relating to POPs,
      including monitoring, socio-economic impacts and release reduction
    Article 12 - Provide for regional centres for training and technology transfer
    Article 13.4 – Provides that developing countries will not be held responsible
      for not meeting the obligations of the Convention if timely and appropriate
      technical and financial assistance and technology transfer is not provided. This
      provides an opportunity for the scientific community to strengthen its
      scientific capacity through funding from foreign donors.
    Article 15 – Report to the COP on a regular basis

It is noted that there is a framework Convention that covers North America, Europe
and the former Soviet Union and provides for technical, scientific and political
cooperation in these areas. This is the Convention on Long-Range Transboundary Air
Pollution (CLRTAP) that was established under the auspices of the United Nations
Economic Commission for Europe (UNECE). With respect to the chemical life cycle,
the CLRTAP POPs protocol primarily covers the production and use of hazardous
pesticides and industrial chemicals and sets emission standards for by-products. It
cites the Basel Convention as a complementary regime for waste disposal and is silent
on trade issues.

South Africa signed the Convention in May 2001 and ratified it in 2002. POPs came
into force on 17 May 2004. The First Conference of the Parties meets in May this year
and a subsidiary body the Persistent Organic Pollutants Review Committee
(POPROCK) is still being established. It will assess chemicals that have been
proposed for addition to the Convention and will make recommendations to the
COPs. As membership is still being decided, SA may be able to push for the
inclusions of some of its scientists.

4.5 Overview of key elements of the Basel, Rotterdam and Stockholm and how
they relate to each other




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Existing chemicals
The Rotterdam Convention (Article 5), obliges Parties to notify the secretariat of final
regulatory actions taken to ban or severely restrict chemicals, for the information of
other Parties and possible listing under the Convention. Developing countries and
countries with economies in transition may also propose the listing of severely
hazardous pesticide formulations (Article 6). The Stockholm Convention (Article 4.4)
requires Parties with regulatory and assessment schemes to take into consideration the
POPs screening criteria set out in Annex D of the Convention when assessing
pesticides or industrial chemicals currently in use. Parties must eliminate from
production and use certain chemicals already listed in the Convention (Article 3).

New chemicals
The Stockholm Convention (Article 4.3) requires Parties with regulatory and
assessment schemes to regulate with the aim of preventing the production and use of
new pesticides or new industrial chemicals which exhibit the characteristics of POPs.

Import/export controls
The original prior informed consent procedure of the Basel Convention (Article 4.1)
was strengthened by Parties‘ subsequent decisions to prohibit the export of hazardous
wastes from OECD to non-OECD countries (Decisions II/12 and III/1). The Basel
Convention imposes strict conditions on the transboundary movement of hazardous
wastes (Articles 4 and 6). Trade with non-parties is generally not permitted (Article
4.5). The Rotterdam Convention (Articles 10 to 12) will establish a Prior Informed
Consent Procedure based on the earlier voluntary guidelines. The Stockholm
Convention (Article 3.2) restricts the import and export of POPs to cases where, for
example, the purpose is environmentally sound disposal. It also requires that POPs not
be transported across international boundaries without taking into account relevant
international rules, standards and guidelines (Article 6.1).

Waste management
The Basel Convention (Article 4) requires each Party to minimize waste generation
and to ensure, to the extent possible, the availability of disposal facilities within its
own territory. The objective of environmentally sound management of hazardous
wastes underpins the Convention. At its fifth meeting in December 1999, the
Conference of the Parties adopted the Basel Declaration on Environmentally Sound
Management. The Stockholm Convention (Article 6) obliges Parties to develop
strategies for identifying POPs wastes, and to manage these in an environmentally
sound manner. The POPs content of wastes is generally to be destroyed or irreversibly
transformed. The Basel Convention Technical Working Group is developing technical
guidelines on POPs wastes as part of its work programme and at the request of the
Conference of Plenipotentiaries that adopted the Stockholm Convention.

Environmental releases
The Stockholm Convention requires Parties to take measures to reduce or eliminate
releases of POPs from intentional production and use (Article 3), unintentional
production (Article 5) and stockpiles and wastes (Article 6). Concepts of Best
Available Techniques (BAT) and Best Environmental Practices (BEP) are to be
further elaborated by the Conference of the Parties.

Hazard communication



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 Provision is made for the obligatory communication of hazard information under the
Basel Convention (Article 4.2 f), the Rotterdam Convention (Article 5.1) and the
Stockholm Convention (Article 10).

Replacement
The Stockholm Convention requires information exchange and research on POPs
alternatives (Articles 9 and 11). It obliges each Party using DDT to develop an Action
plan, including for implementation of alternative products (Annex B).

4.6 S&T implications and agenda of Basel, Rotterdam and Stockholm
Conventions

All the Conventions rely on scientific research as the basis of their decisions. Specific
S&T implications of the three Conventions are as follows:
Basel
     Article 14 – Provides for regional centres for training and technology transfer
     Article 14 – Establishes appropriate financing mechanisms and a revolving
        fund to assist in cases of emergency
Rotterdam
     Article 14 – Parties shall facilitate the exchange of scientific, technical,
        economic and legal information concerning the chemicals
     Article 16 – Technology assistance to developing countries for infrastructure
        and capacity
            o   ―Parties with more advanced programmes for regulating chemicals should provide
                technical assistance, including training, to other Parties in developing their
                infrastructure and capacity to manage chemicals throughout their life-cycle‖(16).
Stockholm (POPs)
    Article 11 – Encourage and undertake research on all matters relating to POPs,
      including monitoring, socio-economic impacts and release reduction. Article
      11.2 - Provides for strengthening national scientific and technical research
      capabilities, particularly in developing countries.
    Article 12 - Provide for regional centres for training and technology transfer
            o   ―The Parties shall establish, as appropriate, arrangements for the purpose of
                providing technical assistance and promoting the transfer of technology to
                developing country Parties and Parties with economies in transition relating to the
                implementation of this Convention. These arrangements shall include regional and
                sub-regional centres for capacity-building and transfer of technology to assist
                developing country Parties and Parties with economies in transition to fulfil their
                obligations under this Convention. Further guidance in this regard shall be provided
                by the Conference of the Parties‖ (12.4).
       Article 13.4 – Provides that developing countries will not be held responsible
        for not meeting the obligations of the Convention if timely and appropriate
        technical and financial assistance and technology transfer is not provided.
            o ―The extent to which the developing country Parties will effectively implement their
                commitments under this Convention will depend on the effective implementation by
                developed country Parties of their commitments under this Convention relating to
                financial resources, technical assistance and technology transfer. The fact that
                sustainable economic and social development and eradication of poverty are the first
                and overriding priorities of the developing country Parties will be taken fully into
                account, giving due consideration to the need for the protection of human health and
                the environment‖(13.4).




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        Articles 13 & 14 - Envisages a ―financial mechanism‖, to be operated by the
         Global Environment Facility on an interim basis. This should finance the
         required technology transfer.

According to those who were involved in the negotiations of POPs, SA played a
leadership role in both the series of International Negotiating Committee meetings
and the Criteria Expert Group which was responsible to develop science-based criteria
and procedures for the identification of new POPs. For example, SA was able to
negotiate a practical position on DDT, as it had the epidemiological information to
motivate its continued use. This was spearheaded by DEAT, with contributions by
Foreign Affairs, Health (concerned with DDT for malaria control), Agriculture
(Registrar Act 36 of 1947 for regulating pesticides), and Trade and Industry.
Scientific support was provided by the North West University, University of Pretoria
and the ARC (PPRI)11.

Yet today there is no coordinated effort on chemicals/hazardous waste management
research and the work being undertaken is ad hoc. According to scientists in this
sector funding for research in this field has declined significantly from what it was in
the 1980s. Some of this work is:
     Research into the impact of chemicals on water supported by WRC funding
     Research on endocrine disruption, i.e. the effect side on health
     Research to improve SA‘s analytical abilities (presently we have to send
        samples overseas for analysis)
     Although there hasn‘t a specific needs assessment done to identify SA‘s
        technology transfer needs, there is a regional base assessment for Africa that
        was done s part of a global assessment, that highlights research needs

Institutions involved in this research include:
     University of North West, School of Environmental Science and Development
         Zoology
     University of Pretoria, Medical School
     Rand Afrikaans University
     CSIR
     Chemicals and Allied Industry Association
     Key funders include: WRC and GEF, with some funding from NRF
     NGOs: EWT, Birdlife Africa, WESSA

As SA grapples with the development of its National Implementation Plan, and
prepares for the first POPs COPs meeting in May, DST could contribute by helping to
facilitate/coordinate a forum, where the scientific inputs needed could be discussed.
This involves both scientific research needed to support any negotiating position SA
may wish to adopt, information needed to monitor how SA is meeting its obligations,
and identifying how to take advantage of the potential access to financial resources to
facilitate technology transfer and capacity building.

There is an opportunity for the scientific community to strengthen its scientific
capacity through funding from foreign donors for technology transfer. How SA may

11
  Bouwman H, July/August 2004, South Africa and the Stockholm Convention on Persistent Organic
Pollutants, South African Journal of Science 100


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be able to access these financial mechanisms and take advantage of technology
transfer is something DST may want to pursue in collaboration with DEAT.

4.7 Key issues on 2005 agenda and calendar of events for Basel, Rotterdam and
Stockholm Conventions12

DEAT has identified Stockholm as a high priority (meaning it is an area of strategic
priority and focus requiring full DEAT participation) and identified the following
issues of importance for SA:
     Funding for supporting POPS disposal in SA and Africa
     GEF funding mechanism for the Convention
     Capacity building
DEAT has identified Basel as an intermediate priority and identified the following
issues
     Basel training centers (there is such a centre based in Pretoria that is not seen
        as being very effective)
       Funding and support for Africa - Implementation of the action plan of the
        environment initiative of NEPAD
DEAT has identified Rotterdam as an intermediate priority (meaning that DEAT
should participate in international events but not play a leading role) and identified the
following issue:
     On the international agenda the question is whether the PIC will be effective -
        countries such as Russia, China and the USA have not yet ratified the
        Convention and some countries that are parties may hesitate to commit to or
        even oppose future legally binding commitments.

Calendar of key events
    First Meeting of the Rotterdam Convention on the Prior Informed Consent
      Procedure for Certain Hazardous Chemicals and Pesticides in International
      Trade, Chemical Review Committee Geneva, Switzerland, PIC CRC (11 to 18
      February 2005); The role and mandate of the CRC will be reviewed, also the
      outcome of the 1st COP of PIC, policy guidance and working procedures will
      be discussed. For more information contact: Rotterdam Convention
      Secretariat; tel +41-22-917-8296; fax +41-22-797-3460; e-mail: pic@unep.ch;
      Internet: http://www.pic.int
    Africa Preparatory meeting for Strategic Approach to International Chemicals
      Management meeting (SAICM) Senegal (15 to 18 March 2005); The Senegal
      meeting will prepare Africa‘s position for the International Chemicals
      Management meeting, which will take most likely place in Vienna, Austria
      during September/October; More info can be obtained from Dr G Mvuma and
      Ms Z Manana
    1st Conference of the Parties to the Stockholm Convention (POPs COP-1)
      Punta del Este, Uruguay (2 to 6 May 2005); For more information contact:
      Stockholm Convention Secretariat: tel +41-22-917-8191; fax +41-22-797-
      3460; e-mail: ssc@chemicals.unep.ch; Internet: http://www.pops.int
    2nd Extraordinary meeting of Parties to the Montreal Protocol – 25th Meeting
      of the Open Ended Working Group Montreal, Canada (27 June to 1 July

12
 Information taken from DEAT document entitled, Draft International Engagement Strategy for key
Multilateral Environmental and Tourism Agreements, Conventions and Protocols


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        2005); This meeting is tentatively scheduled to take place during the last week
        of June or the first week of July 2005 in Montreal, Canada. The Extraordinary
        meeting will seek to resolve disagreements over exemptions allowing methyl
        bromide use in 2006. For more information contact: Ozone Secretariat; tel
        +254-2-62-3850; fax: +254-2-62-3601; e-mail: ozoneinfo@unep.org; internet:
        http://www.unep.org/ozone
       2nd Conference of the Parties to the Rotterdam Convention (PIC COP-2)
        Rome, Italy (26 to 30 September 2005); For more information contact:
        Rotterdam Convention Secretariat; tel +41-22-917-8296; fax +41-22-797-
        3460; e-mail: pic@unep.ch; Internet: http://www.pic.int
       17th Meeting of the Parties to the Montreal Protocol Dakar, Senegal (1
        November 2005); MOP-17 is tentatively scheduled to take place in November
        2005 in Dakar, Senegal. For more information contact: Ozone Secretariat; tel:
        +354-2-62-3850; fax: +254-2-62-3601; e-mail: ozoneinfo@unep.org; Internet:
        http://www.unep.org/ozone
       8th Meeting of the Conference of the Parties (COP-8) to the Basel Convention
        Nairobi, Kenya (27 November to 1 December 2005); For more information
        contact: Secretariat of the Basel Convention; tel: +41-22-917-8218; fax +41-
        22-797-3454; e-mail: sbc@unep.ch; Internet: http://www.basel.int

4.8 DST work that relates to the chemical Conventions

The DST staff interviewed as part of the process of compiling this document did not
indicate that they were involved in any work related to these chemical/hazardous
waste management MEAs. There appears thus to be a gap in this cluster within DST.

4.9 Policy implications and gaps

As the focal point for POPs and the other chemical related MEAs, DEAT is in the
process of developing an integrated national framework for the implementation of
these chemical/hazardous waste management MEAs with a view to improving
information flow, and exchange, or systematic co-ordination. To achieve this they are
in the process of appointing a service provider to provide them with an analysis of the
following:
     Compliance with Sections 25 and 26 of the National Environmental
        Management Act
     Identification of all obligations
     Identification of national jurisdictional mandate for each of the obligations
     Status of implementation of each obligation (including domestication in terms
        of national legislation)
     Current institutional arrangements for achieving implementation
     Status of any international capacity building activities to support
        implementation
     Identification of potential areas for synergy amongst implementation activities
        of all the instruments listed
     Responsibilities ( if any) of non governmental stakeholders

Recommendations on the following are expected:
    An outline of the roles and responsibilities of relevant government
     departments and other stakeholders for each of the obligations.


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       Amendments to existing legislation or development of new legislation
       Institutional arrangements that will promote co-ordination amongst
        government departments and ensure participation of stakeholders, taking into
        account any current initiatives in this regard
       Compliance with Sections 25 and 26 of the National Environmental
        Management Act. Use of international capacity building initiatives to support
        implementation

It is important that DST should engage with DEAT about this process and investigate
the option of DST contributing by helping to facilitate/coordinate a forum, where the
scientific inputs needed could be discussed. DST doesn‘t presently have any specific
policy that relates to the chemical/hazardous waste management MEAs. It may want
to pursue the development of a chemicals/hazardous waste management R&D policy.
A key element of this should be a policy on technology transfer in this sector.

4.10 Overlap with/link to other MEAs

As discussed in the overview these Convention should be dealt with as a package.
They have impacts on the multi year work programme of the Commission on
Sustainable Development (CSD), and import and export of pesticides (WTO).There
are also strong linkages to issues related to health and environment. As they deal with
hazardous waste they impact on most biodiversity related MEAs. For example,
recently the Basel secretariat and the Regional Seas Programme joined forces in the
fight against coastal and marine pollution with the signing of a Memorandum of
Understanding.

4.11 Prioritisation for DST

There does not appear to be a structured and networked approach on the part of
government to identify and manage the science and research agenda of these chemical
and waste management Conventions. According to DEAT there is no consolidated
research base and science centre for these issues. They point out that their concerns
about this are broader than these three MEAs and include their national priorities that
are not driven by MEAs. They are concerned about the lack of coordinated scientific
research in the arena of the pollution impacts on soil, air and water. The Chemicals
and Allied Industry Association, is effective in lobbying for industry‘s position. They
have promoted a certain chemical‘s research agenda through NEDLAC. This is not
necessarily the research and science agenda that government should be promoting.
DEAT‘s priority is about putting in place a system to ensure compliance with the
chemical MEAs, especially the regulatory system for movement of
chemicals/hazardous waste. S&T that informs compliance is needed. In Europe the
requirement to comply with MEAs is a key driver for R&D.

The present initiative by DEAT to develop an integrated implementation plan for
these issues offers DST an opportunity to engage and assist in identifying the science
and research agenda that SA wants to pursue re this cluster of MEAs. The opportunity
in these MEAs for technology transfer, and access to financial and capacity building
resources needs to be explored by DST. There may also be longer term S&T
opportunities in two other areas. Firstly, the use of organic products as the basis for



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new chemical sector: this could link into the biotechnology sector‘s work. Secondly,
the fine chemicals sector where there are by-products from processing plants.

It is recommended that this chemicals/hazardous waste management cluster of MEAs
is taken up by DST as a matter of priority. The reasons for this are:
          The impacts of chemicals/hazardous waste on the environment (soil, water
            and air) and human health (particularly effected the poor) is significant,
            now and in the future.
          There is a need for a structured and networked approach on the part of
            government to identify and manage the science and research agenda, and
            DST can play a role in facilitating this in collaboration with DEAT.
          There are opportunity created by these MEAs for SA‘s science community
            through the provisions that provide for technology transfer, financial
            assistance and capacity building. These opportunities are not presently
            being taken up.
          DEAT is busy with the process of developing an integrated
            implementation plan for this MEAs and this offers an opportunity for DST
            and DEAT to engage around DST‘s role.
          Membership of the POPs Review Committee (POPROCK) is still being
            decided, and this offers SA the opportunity to place a scientist on this
            important structure so that SA‘s agenda can be pursued.




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5. Marine related MEAsiv
5.1 Overview of marine management in SA and international agreements SA has
acceded to or ratified

Before providing an overview of the complex field of international marine
Conventions it is necessary to provide a paragraph or two on SA‘s national interest.
SA has significant strategic interests in marine matters as it straddles two of the
world‘s major oceans and one of the world‘s important shipping routes, particularly
important for oil transportation. It possesses rich fishing grounds and shares this
region with six land-locked SADC countries. Its shores are particularly rich in
biodiversity with some 10 000 species of marine plants and animals having been
recorded in our waters. The fishing industry provides direct employment to about 29
000 people, and another 60 000 in related sectors. Sustaining our marine resources is
essential both for the economy and biodiversity.

DEAT‘s Marine and Coastal Management division (MCM) is responsible for the
management of commercial, subsistence and recreational fisheries. This includes
applied scientific research to establish what the optimal utilization of each fish species
should be. As in the field of terrestrial biodiversity, there are a number of important
research institutes and units within Universities that undertake marine research, for
example, the Oceanographic Research institute, the South African Institute for
Aquatic Biodiversity (covers both marine and coast, and includes inland water
systems and estuaries) and the Mariculture Institute of South Africa.

The South African legal and policy regime governing the sea and access to marine
resources has undergone significant changes over the past ten years. It is based on the
fact that the sea and all marine resources are owned by the state. The White paper on
Marine and Fisheries Policy of 1997 and the Marine Living Resources Act (68 of
2000) create the regulatory framework for fisheries management in SA. The Act has
created a system in terms of which no one may harvest marine resources except if
granted the right to do so by a permit. The Act provides that the Minister must have
particular regard to the needs of people from ―historically disadvantaged sectors of
society‖ in granting rights. It also sets out special procedures to enable ―subsistence‖
fishers to be recognised and granted non-transferable rights in specifically established
zones or areas. The Marine Living Resources Act also provides for the establishment
of Marine Protected Areas with the intention being to bring 19% of our coastline
under protection.

Key international agreements that SA has acceded to, or ratified are:
    United Nations Law of the Sea Convention (UNCLOS), SA acceded to in
       December 1982, signed in 1994 and ratified on 20 August 1997
    Agreement for the Implementation of the Provisions of the United Nations
       Convention on the Law of the Sea of 10 December 1982 relating to the
       Conservation and Management of Straddling Fish Stocks and Highly
       Migratory Fish Stocks
    Antarctic Treaty ratified on 21 June 1960, with SA representation on the
       Scientific Committee on Antarctic Research (SCAR)
    Convention on the Conservation of Antarctic Marine Living Resources
       (CCAMLR) acceded to in September 1980 and ratified in 1982


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       International Convention for the Regulation of Whaling ICRW, entered into
        force 2 December 1946 and ratified 1946
     International Convention for the Conservation of Atlantic Tunas (ICCAT), SA
        ratified on 7 October 1967
     The Convention on the Conservation and Management of Fishery Resources
        in the South East Atlantic Ocean (The SEAFO convention), SA signed on 20
        April 2001
     The London Convention, ratified in 1978 and 1996 Protocol acceded to on 23
        December 1998
     Agreement on the Conservation of Albatrosses and Petrels (ACAP)
At a regional level:
     Convention for the Protection, Management and Development of the Marine
        and Coastal Environment of the East African Region and Related Protocols
        (Nairobi Convention)
     Convention for the Protection and Development of the Marine and Coastal
        Environments of the West and Central African region and related Protocol
        (Abidjan Convention)
     ADC Protocol on Fisheries

5.2 Background to international marine law and agreements

International agreements, protocols and law on marine issues are multi-faceted,
complex and many. There are two fundamental reasons for this: Firstly, the oceans
are part of the ―global commons‖ where no single nation exercises exclusive control
and the fluid medium allows living resources, pollution, and ships to move freely
from one area to another. A global response is required. The oceans had long been
subject to the freedom of-the-seas doctrine - a principle developed in the seventeenth
century essentially limiting national rights and jurisdiction over the oceans to a
narrow belt of sea surrounding a nation's coastline. The remainder of the seas was
proclaimed to be free to all and belonging to none.

Secondly, the oceans are subject to intense human pressures due to growing
population, technological developments, and consumer demand. By the mid-twentieth
century there was growing concern over the toll taken on coastal fish stocks by long-
distance fishing fleets, and over the threat of pollution and wastes from transport ships
and oil tankers carrying noxious cargoes that plied sea routes across the globe.
National claims over offshore resources such as oil, gas and minerals and the
superpower military rivalry increased. The oceans were generating a multitude of
claims, counterclaims and sovereignty disputes.

On 1 November 1967, Malta's Ambassador to the United Nations, Arvid Pardo, asked
the nations of the world to look around them and open their eyes to a looming conflict
that could devastate the oceans. In a speech to the United Nations General Assembly,
he spoke of the super-Power rivalry that was spreading to the oceans, of the pollution
that was poisoning the seas, of the conflicting legal claims and their implications for a
stable order and of the rich potential that lay on the seabed. This set in motion a
process that resulted in the writing of a comprehensive treaty for the oceans that
ended nine years later with the adoption in 1982 of a constitution for the seas - the
United Nations Convention on the Law of the Sea. During those nine years
representatives of more than 160 sovereign States sat down and discussed the issues,


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bargained and traded national rights and obligations in the course of the marathon
negotiations that produced the Convention.

5.3 Objective and importance to SA of the United Nations Law of the Sea
Convention (UNCLOS) and the Agreement Relating to the Conservation and
Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (Fish
Stocks Agreement)

The 1982 LOS Convention establishes a comprehensive framework for use and
development of the oceans. It specifies each nation‘s rights and responsibilities and
the general objectives and principles that are to guide their ocean use. It defines
offshore zones within which coastal states exercise varying degrees of sovereignty
and jurisdiction along with the rights and responsibilities of foreign nations in these
zones. These basic parameters guide the application of other conventions insofar as
they touch on ocean areas and concerns, from the CBD and agreements on protected
areas and species to agreements on air pollution or pollution in rivers.

The Convention has been supplemented by two implementing agreements. The 1994
Agreement Relating to the Implementation of Part XI is to be interpreted and applied
as a single instrument with the LOS Convention. It clarifies and replaces many of the
Convention‘s deep seabed mining provisions adopted in 1982 and prevails over the
Convention in the event of any inconsistency. The 1995 Agreement Relating to the
Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish
Stocks (Fish Stocks Agreement) supplements and elaborates the LOS Convention‘s
fishery provisions, providing further guidance on implementation.

The LOS Convention was designed to serve as a unifying framework for a growing
number of more detailed international agreements on marine environmental protection
and the conservation and management of marine resources. Understanding its
dynamic interaction with these agreements is critical. As a general matter, the
Convention calls on all states to harmonize national measures, elaborate global
and regional rules, and re-examine this body of law as necessary. Its structure of
national rights and responsibilities and its goals and principles inform these
developments. In turn, the Convention incorporates by reference the more detailed
measures as they are progressively developed and its framework obligations may be
interpreted and applied in light of this evolving body of law. In some cases, its effect
is to apply more detailed global and regional agreements to countries that are not
party to them. Its compulsory and binding dispute settlement system may be called
into play under agreements that lack such a system.

Another vital aspect of the LOS Convention is that it governs activities both on land
and at sea to the extent that activities on land impact the marine environment or the
habitat of marine species. The unqualified nature of Convention obligations on marine
pollution, as elaborated through regional and global instruments, may reinforce less
compelling commitments under other environmental conventions.

The exclusive economic zone (EEZ) is one of the key features of the Convention, and
one which has had a profound impact on the management and conservation of the
resources of the oceans. Simply put, it recognizes the right of coastal nations to
jurisdiction over the resources of some 38 million square nautical miles of ocean


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space. The coastal nation has the right to exploit, develop, manage and conserve all
resources - fish or oil, gas or gravel, nodules or sulphur - to be found in the waters, on
the ocean floor and in the subsoil of an area extending 200 miles from its shore.

The main objectives of the Fish Stock Agreement are to ensure the long-term
conservation and sustainable use of straddling fish stocks and highly migratory fish
stocks, to improve cooperation between states to that end and to ensure more effective
enforcement by flag states, port states and coastal states of conservation and
management measures adopted for such stocks, particularly on the high seas. It is the
most detailed and comprehensive international instrument on conservation and
management of fish stocks valuable to SA such as. Orange Roughy, Patagonian
Toothfish, Tunas and Pilchard. The South African Marine Fisheries Policy clearly
recognises the need for South Africa to retain control of these resources, particularly
when fishing vessels move in and out of the South African Exclusive Economic Zone
(EEZ).

The Agreement has been drafted in such a way as to strengthen the role played by
regional fisheries organisations in ensuring that management of high seas fish stocks
does not compromise the sustainable utilisation of related stocks in areas adjacent to
those being managed by coastal states (i.e. the South African EEZ). South Africa has,
in concert with Angola and Namibia initiated a Southeast Atlantic Fisheries
Organisation (SEAFO) to manage high seas fish stocks in the region in a manner
consistent with national interest and potential economic benefit.

UNCLOS does not establish any international programmes and essentially it
represents a codification of international law rules for states to observe in marine-
related operations. However, it does institutionalise an International Sea Bed
Authority to oversee exploration/ exploitation of deep seabed minerals and a
Commission on the Limits of the Continental Shelf. A number of United Nations
institutions provide support and programmes in the marine field - the Division for
Ocean Affairs and the Law of the Sea (DOALOS) of the United Nations Office of
Legal Affairs, the International Seabed Authority and the International Tribunal for
the Law of the Sea. The International Maritime Organisation (IMO) is a key
institution.

5.4 Objective and importance to SA of the Antarctic Treaty and the Convention
on the Conservation of Antarctic Marine Living Resources (CCAMLR)13

The main purpose of the Antarctic Treaty is to regulate relations among countries in
Antarctica. Included in the provisions of the Treaty are that Antarctica shall be used
for peaceful purposes only, to promote international cooperation, for the exchange of
information and the freedom of scientific investigation. The conservation of the
Antarctic environment and its ecosystem is of cardinal importance to South Africa,
whose own environment is directly influenced by the Antarctic continent.

The relationship within and between Antarctica's atmospheric, biological and physical
environments, and between these and those of the rest of the world, provide a
continuing source of significant information for the understanding of the natural

13
     Information provided by DEAT


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sciences of our planet. Meteorological information is fed daily into the world-wide
meteorological data network. South Africa is establishing itself as a gateway to
Antarctica and provider of supplies for many countries. Furthermore South Africa
intends making it facilities at our base in Antarctica available to other countries.

The Antarctic Treaties Act, 1996 (Act 60 of 1996) came into effect on 1 February
1997 and provides South Africa with a legal instrument to enforce the provisions of
the Antarctic Treaty and its various conventions. An Antarctic Treaty Consultative
Meeting (ATCM) is held annually, with the next ATCM to be held from 3 – 14
September 2002 in Warsaw, Poland. The Scientific Committee on Antarctic Research
(SCAR) is held every two years with the next meeting scheduled for 25-29 July 2004
in Bremen, Germany. A South African scientist is currently chairman of the Scientific
Committee. The Council of Managers of National Antarctic Programmes (COMNAP)
is held annually, with the next meeting to be held from 7 – 14 July 2003 in Brest,
France.

South Africa is an original signatory of the 22-nation, international Convention for the
Conservation of Antarctic Marine Living Resources (CCAMLR). CCAMLR entered
into force in 1982 and regulates exploitation of marine living resources in the seas
south of the Antarctic Polar Front, including the area around the Prince Edward
Islands over which South Africa exercises undisputed national sovereignty. The
convention is a key element in the Antarctic Treaty System (ATS) and constitutes an
important part of South Africa's commitment to the ATS. It is unique amongst
international fisheries agreements as it advocates an ―ecosystem approach‖ to
fisheries management.

Contracting parties to the convention meet once a year to review technical and
scientific matters relevant to the management of the exploitation of Antarctic marine
living resources and to formulate management measures. Since ratifying the
convention South Africa has attended both meetings on a regular basis and has also
taken a leading role in the various scientific issues addressed during a number of
intercessional meetings. Decisions taken by the commission not only have
implications for South Africa as a contracting party, but also impact directly on
sovereign territory. South Africa is only one of four nations with undisputed
sovereignty in the convention area. Attendance is also advantageous as many topics
relating to the management of marine living resource exploitation from an ecosystem
perspective are discussed and important assessments of specific stocks carried out.

All CCAMLR meetings provide an opportunity for DEAT staff to interact with their
counterparts from other countries, to forge links with top scientists in the fields of
Antarctic research and fisheries management, to assume a leading role in an important
instrument of the ATS, and to protect national interests with regard to the potential
exploitation of marine living resources in a large and geographically proximal area.
South Africa is, at present, the only African signatory of the convention; an important
factor in terms of the national role in Africa.




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5.5 Objective and importance to SA of the International Convention for the
Regulation of Whaling (ICRW)14

The convention was established in order to provide for the proper conservation of
whale stocks and thus make possible the orderly development of the whaling industry.
It was one of the first international fisheries conventions ever to be established and
many more followed in its wake to cater for the conservation and rationale use of
marine living resources. South Africa is a founder nation and has an excellent record
for contributing towards its conservation objective and research aimed at providing a
scientific basis for whale stock management. All whales are now fully protected in
South African waters under the Marine Living Resources Act 1998, and on the high
seas in the Indian and Southern Oceans Sanctuaries under the IWC convention.

South Africa supports a moratorium on commercial whaling introduced in 1986. In
1993, South Africa co-sponsored a resolution supporting whale watching, an activity
that has considerable potential for contributing towards the country‘s already
flourishing ecotourism sector. A start was made with the establishing of a local whale
watching industry in 1998 and it is today one of the fastest growing whale watching
destiny in the world. Conservation measures assisted the threatened southern right
whale and humpback whale populations off the South African coast to recover from
extremely low numbers.

South African scientists are at the forefront of all facets of whale research and the
country plays a prominent role in the convention.

5.6 Objective of the International Convention for the Conservation of Atlantic
Tunas (ICCAT) 15

 ICCAT aims to conserve tunas and tuna-like species in the Atlantic Ocean. Through
the Convention, ICCAT is established as the he only fisheries organisation that can
undertake the range of work required for the study and management of tunas and
other large pelagics in the Atlantic Ocean. Studies include research on biometry,
ecology and oceanography with specific reference to the effects of fishing on stock
abundance. ICCAT compiles fishery statistics from all its members and other entities
fishing for these species in the Atlantic Ocean. ICCAT developed allocation criteria in
order to allocate country quotas for tuna species. ICCAT also develops integrated
monitoring and compliance measures and measures to combat illegal, unregulated and
unreported fishing.

As a developing southern Atlantic coastal state participating in the tuna fishery, South
Africa must exercise its right to these resources and defend this right against northern
hemisphere highly industrialised countries and distant water fleets, currently involved
in over fishing in the South Atlantic Ocean. A priority issues for SA is the fair and
equitable allocation of country quotas to developing coastal states, especially southern
albacore, swordfish and bigeye tuna. Non compliance with ICCAT conservation and
management recommendations and resolutions could lead to punitive trade measures
being implemented against South Africa, thus attendance is imperative in order to
take part in the development of ICCAT recommendations and resolutions.
14
     Information provided by DEAT
15
     Information provided by DEAT


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South Africa has a pivotal role to play in the development of allocation criteria to
ensure fair and equitable allocations of country quotas to developing coastal states.

There are the following Working Groups:
    Develop Integrated Monitoring Measures
    Develop Measures to Combat Illegal, Unregulated and Unreported Fishing
    Compliance of Contracting Parties re ICCAT Conservation and Management
       Measures
    Improvement of Statistics and Conservation Measures
    Measures for Conservation of Stocks and Implementation of Allocation
       Criteria

5.7 Objective of the Convention on the Conservation and Management of
Fishery Resources in the South East Atlantic Ocean (The SEAFO convention) 16

The main objective of this convention is to ensure the long-term conservation and
sustainable use of fish stocks other than highly migratory stocks found in areas of the
South East Atlantic beyond the limits of national jurisdiction. Upon entry into force,
the Convention will establish a new regional fisheries management organisation, one
of the first since the adoption of the UN Fish Stocks Agreement in 1995. The
inclusion of discrete high seas stocks takes the SEAFO Convention beyond the scope
of the UN Fish Stocks Agreement. The convention will enter into force upon deposit
of the third instrument of ratification, accession, acceptance or approval, of which at
least one must be deposited by a coastal state.

The Convention makes special provisions for developing states in the region (which
includes South Africa). SA‘s involvement places us in a strong position for the
allocation of fishing opportunities in the regional fishery. South Africa will need to
implement legislation to enable the implementation of Port State and Flag State
responsibilities with respect to the SEAFO system of observation, inspection,
compliance and enforcement.

5.8 Objective of the Convention on the Prevention of Marine Pollution by
Dumping of Wastes and other Matter (the London Convention) and the 1996
Protocol17

The London Convention was adopted at a conference in London in 1972 with the
purpose of regulating the dumping of wastes at sea and, in so doing, protecting the
marine environment. The Convention defines dumping as:
    Any deliberate disposal at sea of wastes or other matter from vessels, aircraft,
       platforms or other man-made structures at sea;
    Any deliberate disposal at sea of vessels, aircraft, platforms or other man-
       made structures.
    The definition was later extended to include incineration at sea, which is itself
       defined at the deliberate combustion of wastes or other matter on marine
       incineration facilities for the purpose of their thermal destruction.

16
     Information provided by DEAT
17
     Information provided by DEAT


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Although the general intent of the 1996 Protocol remains the same - namely the
protection of the marine environment - it enhances the ability of authorities to do this,
firstly by entrenching the ban on the dumping of radioactive and industrial wastes,
and the incineration of wastes at sea; and secondly by introducing a number of
additional provisions, including:
      The precautionary approach and the Polluter-pays principle
      A prohibition on the export of wastes to other countries for the purposes of
         dumping or incineration
      A greater emphasis on technical co-operation both to facilitate compliance
         with the Protocol, and to promote better protection of the marine environment
         generally

The integrity of the marine environment is important, not only in support of the
sustainable utilisation of marine resources, but also for the protection of public health,
and for the promotion of tourism in coastal destinations. Any mechanism which
serves to maintain this integrity is therefore of benefit to the country as a whole. The
London Convention is regarded as being one of the more successful international
agreements and has been at the forefront of developments in the control of marine
pollution. DEAT participates in meetings of Contracting Parties which has allowed
SA to keep abreast of these developments and, when necessary, to access international
expertise through the technical co-operation programme. It has therefore been central
to the development of appropriate policies and regulations with respect to marine
pollution. South Africa is the only southern African country actively participating in
the affairs of this convention, and we therefore play an important role in channelling
relevant information into the region.

The provisions of the Convention are brought into force locally in terms of the
Dumping at Sea Control Act, No.73 of 1980. New provisions, which will bring the
national legislation in line with the 1996 Protocol, have been included into the
National Coastal Management Bill

There are 79 Contracting Parties to the Convention of which 13 are from Africa.
There are 16 Contracting Parties to the 1996 Protocol, of which South Africa is the
only one from Africa.

5.9 Objective of the Convention for the Protection, Management and
Development of the Marine and Coastal Environment of the East African Region
and Related Protocols (Nairobi Convention) 18

The main objectives of this Convention are to co-operate in combating pollution in
cases of emergency in the East African Region and to address the protected areas and
wild fauna and flora in the East African Region. The convention entered into force on
30 May 1996 after the deposit of the 6th instrument of ratification/accession and has 9
contracting parties - Comoros, Kenya, Madagascar, Mauritius, Mozambique,
Reunion, Seychelles, Somalia and Tanzania. The Convention designated Kenya as
the Depository, and UNEP as the Secretariat. The Regional Coordinating Unit is
based in Seychelles.

18
     Information provided by DEAT


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The Convention contains an array of fairly general provisions, which together provide
a comprehensive framework for the protection, management and development of the
marine and coastal environment. These provisions cover, amongst other things, the
control of pollution from ships, land-based sources, dumping, seabed activities and
airborne pollution and co-operation in combating pollution in cases of emergency.
They also cover the establishment of Specially Protected Areas, environmental impact
assessments, environmental damage from engineering activities, scientific and
technical co-operation and liability and compensation.

A Protocol concerning co-operation in combating marine pollution in cases of
emergency has been adopted. The objective of this is to facilitate the development of
regional arrangements to supplement national arrangements for the effective
combating of major spillages of oil and other harmful substances from ships. The
provisions cover the development of legislation and contingency plans, exchange of
information, reporting of incidents and mutual assistance.

A Protocol concerning protected areas and wild flora and fauna in the Eastern African
Region has also been adopted. The objective of this is to promote the implementation
of measures to preserve biodiversity and ecosystems, and especially rare, threatened
or endangered species and habitats and migratory species. Such measures include the
regulation of activities having adverse effects, the promotion of sustainable utilization
of harvestable species, the control of the introduction of alien species and the
establishment of protected areas. In addition, the Protocol aims to promote
educational programmes, scientific and technical research and co-operation and
information exchange.

A Protocol on the protection of the marine environment from land-based activities is
being considered.

5.10 Objective of the Convention for the Protection and Development of the
Marine and Coastal Environments of the West and Central African region and
related Protocol (Abidjan Convention) 19

The main objectives of this Convention are to co-operate in combating pollution in
cases of emergency in the West and Central African Region and to address the
protected areas and wild fauna and flora in the West and Central African Region.

This Convention was adopted by 11 countries at a Conference in Abidjan in March
1981. The Convention and Protocol entered into force on 5 August, 1984 after the
deposit of the 6th instrument of ratification or accession and now has 10 contracting
parties; Cameroon, Congo, Cote d‘Ivoire, Gabon, Gambia, Ghana, Guinea (Conakry),
Nigeria, Senegal and Togo. The Convention designated Cote d‘Ivoire as the
Depository and UNEP as the Secretariat. The Regional Coordinating Unit is based in
Abidjan. There have been 6 conference of parties meetings, the most recent meeting
was held in Abidjan, May 2002.




19
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The Convention contains an array of fairly general provisions which together provide
a comprehensive framework for the protection, management and development of the
marine and coastal environment. These provisions cover, amongst other things, the
control of pollution from ships, land-based sources, dumping, seabed activities and
airborne pollution and co-operation in combating pollution in cases of emergency.
They also cover the establishment of Specially Protected Areas, environmental impact
assessments, environmental damage from engineering activities, scientific and
technical co-operation and liability and compensation.

A Protocol concerning co-operation in combating marine pollution in cases of
emergency has been adopted. The objective of this is to facilitate the development of
regional arrangements to supplement national arrangements for the effective
combating of major spillages of oil and other harmful substances from ships. The
provisions cover the development of legislation and contingency plans, exchange of
information, reporting of incidents and mutual assistance. A Protocol on the
protection of the marine environment from land-based activities is being considered.

5.11 Objective of the SADC Protocol on Fisheries20

The main objective of this Protocol is to promote responsible and sustainable use of
the living aquatic resources and aquatic ecosystems in order to promote and enhance
food security and human health, safeguard the livelihoods of fishing communities,
generate economic opportunities for nationals in SADC and to ensure that future
generations benefit from these renewable resources and alleviate poverty. This
Protocol shall enter into force thirty days after the deposits of the instruments of
ratification/accession by two-thirds of the Member States. Currently only four
Member States have ratified this Protocol and South Africa has deposited its
Instrument of Ratification with the SADC Secretariat in July 2003.

The benefits for South Africa with regard to this Protocol are:
    Policies and legislation pertaining to fisheries and the aquatic environment
       will be harmonized within the region, resulting in improved fisheries
       management
    South Africa‘s ability to ensure that management of its living marine and
       aquatic resources is not comprised by unsustainable activities undertaken by
       other nations within the region, will be enhanced
    Opportunities for development of common positions on common and
       transboundary issues will emerge which will increase impact at the regional
       and international level
    South Africa would demonstrate its commitment to regional co-operation and
       economic integration at the sub-regional and regional level, with the overall
       context of the New Partnership for Africa‘s Development (NEPAD)
    South Africa will have the opportunity to participate in the monitoring, control
       and surveillance of fish stocks on a regional level, especially stocks that
       straddle across boundaries, which would greatly improve fisheries
       management
    It will allow South Africa to jointly negotiate access of foreign fishing within
       the region or sub-region, particularly with regard to highly migratory species.

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           This will provide for the control of non-SADC flag fishing vessels within the
           region
          Opportunities for access to resources within the SADC region will be created,
           through joint ventures
          South Africa will have access to financial resources for projects to be
           undertaken within the region
          It will provide an opportunity for exchange of scientific and technical
           information which could improve fisheries management
          South Africa will have the opportunity to jointly address the issue of poverty
           and ensuring food and economic security

5. 12 S&T implications and agenda of some of the marine agreements

The international legal regime for marine environmental protection hinges on growing
understanding of how and why impacts occur and on human ingenuity in developing
means to avoid impacts. On the science side, the UNLOS Convention strongly
endorses further international research and study of marine pollution and related
environmental monitoring (Articles 200, 204). It clearly recognizes the stages
necessary for the development of international law: that knowledge acquired from
research and data collection is necessary for states to establish, collectively, scientific
criteria for the formulation and elaboration of rules, standards, and recommended
practices and procedures (Article 201). This step-by-step process does not impede the
application of a precautionary approach; rather, it reinforces it.

In terms of the UNCLOS the area of the ocean open to unrestricted scientific research
was circumscribed by the extension of the territorial sea to 12 miles and the
establishment of the new 200-mile EEZ. The Convention thus had to balance the
concerns of major research nations, mostly developed countries, which saw any
coastal-state limitation on research as a restriction of a traditional freedom that would
not only adversely affect the advancement of science but also deny its potential
benefits to all nations in fields such as weather forecasting and the study of effects of
ocean currents and the natural forces at work on the ocean floor. On the other hand,
many developing countries had become extremely wary of the possibility of scientific
expeditions being used as a cover for intelligence gathering or economic gain,
particularly in relatively uncharted areas, where scientific research could yield
knowledge of potential economic significance21.

The final provisions of the Convention represent a concession on the part of
developed nations. Coastal nation jurisdiction within its territorial sea remains
absolute. Within the EEZ and in cases involving research on the continental shelf, the
coastal nation must give its prior consent, However, such consent for research for
peaceful purposes is to be granted "in normal circumstances" and "shall not be
delayed or denied unreasonably", except under certain specific circumstances
identified in the Convention. In case the consent of the coastal nation is requested and
such nation does not reply within six months of the date of the request, the coastal
nation is deemed to have implicitly given its consent. These last provisions were



21
     United Nations Law of the Sea, An historical perspective, www.unclos.int


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intended to circumvent the long bureaucratic delays and frequent burdensome
differences in coastal nation regulations22.

5.11 Key issues on 2005 agenda and calendar of events23

DEAT has identified the Fish Stock Agreement of UNCLOS as a high priority
because there are contentious issues of significant impact on the marine industry.

DEAT has identified the Antarctic Conventions as an intermediate priority.

DEAT has identified the Whaling Convention (ICRW) as an intermediate priority and
identified the following issues:
     Conservation of whale stocks and moratorium on whaling
     Whale sanctuary
     Whale watching

Calendar of events
    Abidjan Convention for the Protection, Development and Management of the
      Marine Environment of the West and Central Africa Libreville, Gabon (21
      March 2005); The Abidjan Convention will host a Conference of parties to
      revive and implement the action plan for the protection, development and
      management of marine environment within the western and central Africa
      stretching to Southern Africa as South Africa is also a contracting party;
      Contact: Mr S Mukwevho, MCM
    Third meeting of the SCOR Working Group 115 on Standards for the Survey
      and Analysis of Plankton. Likely to be held in the UK (April 2005); WG115
      grew out of the recognition that sampling zooplankton at large spatial and long
      temporal scales is crucial in providing a baseline and time-series against which
      natural and anthropogenically forced changes in oceans and regional seas can
      be assessed. In addition, such surveys provide a measure of their carrying
      capacity for fisheries. The first meeting of the WG was held in Honolulu,
      Hawaii in Feb 02 and the 2nd in Dichato, Chile in Nov 03; Dr Verheye of
      MCM is a full member of SCOR WG 115 and is expected to attend this final
      meeting.
    Ministerial Roundtable – International Conference on the UN Fish Stocks
      Agreement, Newfoundland and Labrador, Canada (1 – 5 May 2005);
      International Conference entitled: The Governance of High Seas Fisheries and
      the UN Fish Agreement – Moving from words to Action, Invite received from
      Canadian Minister of Fisheries and Oceans; Consideration being given to
      Minister attending supported by MCM
    Second GMA Workshop New York, USA (13 – 15 June 2005); The second
      workshop concerning a regular process for the global reporting and assessment
      of the state of the marine environment, including socio-economic aspects
      (GMA) will take place in NY, For more information contact: DOALOS; tel
      +1-212-963-3962; fax +1-212-963-2811; e-mail: doalos@un.org; Internet
      http://www.un.ord?Depts/los/global_reporting/global_reporting.htm ; MCM
      responsible

22
     United Nations Law of the Sea, An historical perspective, www.unclos.int
23
     Information provided by DEAT


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       1st meeting of the Steering Committee of the Global Census of Marine
        Zooplankton (CMarZ), a project of the Census of Marine Life (CoML)
        ProgammeAlfred Wegener Institute for Polar Research, Bremerhaven,
        Germany (29 June – 1 July 2005); The Census of Marine Life (CoML)
        programme is a growing global network of researchers engaged in a ten-year
        initiative to assess and explain the diversity, distribution and abundance of
        marine life in the oceans – past, present and future. All information collected
        will be available through the Ocean Biogeographic Information System
        (OBIS), an online atlas of geo-referenced, taxonomically resolved data on
        marine species, equipped with visualization and modelling tools to interpret
        relationships between organisms and the environment. The Sloan Foundation
        Board of Directors recently approved the Census of Marine Zooplankton
        (CMarZ) project, which will work toward a taxonomically comprehensive
        assessment of biodiversity of animal plankton throughout the world ocean. Its
        goal is to produce accurate and complete information on zooplankton species
        diversity, biomass, biogeographic distribution, genetic diversity, and
        community structure by 2010. Important outcomes will include a more
        complete knowledge of biodiversity hotspots, new understanding of the
        functional role of biodiversity in ocean ecosystems, and better characterization
        of global-scale patterns of zooplankton biodiversity in the world ocean. Dr
        Verheye of MCM is a Full Member of the CMarZ Steering Group,
        representing the SE Atlantic and SW Indian oceans off southern Africa.
       First meeting of the SCOR Working Group 125 on Global Comparisons of
        Zooplankton Time-Series To be held in the USA (July 2005); The most
        provocative and influential example of large-scale, multi-year marine eco-
        system variability has been the similarity in duration and phasing of major
        fluctuations in sardine and anchovy catches in widely separated boundary
        current systems. This SCOR WG will do a similar global-scale comparison of
        low-frequency variability of marine zooplankton communities. This idea grew
        out of a workshop held prior to the 3rd International Zooplankton Production
        Symposium where preliminary but provocative evidence for temporal
        coherence of zooplankton and climate variability in both the Atlantic and
        Pacific oceans was presented. There was a strong consensus that a more
        detailed and more global comparison of zooplankton time series would be
        timely technically feasible and extremely useful. The proposal for this new
        WG was endorsed by IAPSO at the highest level. Dr Verheye is co-chair of
        SCOR WG 125 and can be contacted for more detail.
       First International Marine Protected Areas Congress Geelong, Australia (23
        to 27 October 2005); This international congress aims to address the World
        Commission on Protected Areas‘ Marine goal and primary themes and
        advance discussion on their widespread adoption and implementation
        consistent with resolutions relevant to marine protected areas arising from the
        Durban World Parks Congress. For more information contact: Congress
        Organisers; tel +61-3-5983-2400, fax +61-3-5983-2223; e-mail:
        sm@asevents.net.au; Internet: http://www.impacongress.org/ ; MCM responsible


5.12 DST work that relates to the marine Conventions




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In 2003 cabinet approved the transfer of the SA National Antarctic Programme from
DEAT to DST. The logistical aspect remains with DEAT – supplying and maintaining
three scientific bases: SANAE IV, Marion Island and Gough Island. The research
element is now DST‘s responsibility with SA playing a leading role in the Scientific
Committee on Antarctic Research (SCAR). The Minister for Science and technology
recently approved the Antarctic Research Strategy which is the key policy document
guiding DST related research activities in Antarctic. There are a number of scientific
collaborations such as the Southern Hemisphere Auroral Radar Experiment (SHARE)
and the Seismology Project. DST also participates, presently with observer status with
DEAT as representative, in the annual Antarctic Treaty Consultative Meeting
(ATCM).

It is expected that DST will become more active in the meetings and forums that arise
from the Antarctic Treaty, because scientific research is a key driver in the Antarctic.
The polar regions are integral components of the Earth system. As the heat sinks of
the climate system they respond to and drive change elsewhere on the planet. Within
them lie frontiers of knowledge as well as unique vantage points for science. The
links to climate change research are obvious. The R&D Strategy identifies the
Antarctic as a scientific area where SA has an obvious geographic advantage. It is
noted that as the International Council for Science (ICSU) has taken the lead in
organizing an International Polar Year (IPY) in 2007 – 2008, an intensified research
programme in the Antarctic can be expected. The IPY concept is one of an intensive
burst of internationally coordinated, interdisciplinary, scientific research and
observation focused on the Earth‘s polar regions.

The DST staff interviewed as part of the process of compiling this document did not
indicate that they were involved in any other work related to the marine MEAs. There
appears thus to be a gap in this cluster within DST. This is not unexpected. Marine
biodiversity issues have been divided from terrestrial biodiversity issues historically
in SA. With the transfer of the marine research sections within MCM to SANBI this
gap should be narrowed. There is clearly a wealth of knowledge on marine issues
within SA, but it has not been possible within the time available, to unpack these and
identify gaps.

5.13 Overlap with/link to other MEAs

The various marine Conventions all relate in one way or another to each other. They
also relate to land based biodiversity MEAs, insofar as land based issues impact on
the oceans. They are reflected in the JPOI and multi-year work programme of the
CSD. They have clear trade implications.

5.14 Prioritisation for DST

There is significant scientific research being undertaken in the marine arena in SA in
the same way that there is significant research on terrestrial biodiversity issues. In
some marine areas, SA is a recognized leading international player. It has not been
possible, within the time available, to engage with MCM and key maritime research
institutes about the science agenda and whether there are any significant gaps. Since
DST has taken over the research responsibility for the Antarctic from DEAT, it has a
competency dealing specifically with this area. It should continue to build its


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expertise in this area, and become active in various international forums as they relate
to the Antarctica Conventions in conjunction with DEAT.

As the research division of MCM is transferred to SANBI, it is expected that the
research as it relates to the interface between marine, terrestrial and aquatic
biodiversity will be strengthened. DST should build its participation in the
biodiversity, including marine, networks. Biodiversity is identified in the R&D
strategy as an area where SA has obvious geographical advantage. It also has
knowledge advantages within specific fields being acknowledged international
leaders.

A clear role for the Multilateral Unit does not obviously emerge in the marine field.
More work on understanding the marine field, and identifying S&T gaps will be
needed. The Antarctic arena is addressed by an existing division, and MC is unlikely
to be able to add much value by specifically engaging in this area. Obviously MC
should understand what is being done in the Antarctic and be alert to ensuring these
issues are addressed in other appropriate international forums that MC participates in
(for e.g. OECD).




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6. Other Biodiversity related MEAs

Time constraints have not made it possible to interrogate these Conventions to the
degree they deserve. A brief description is provided.

6.1 UNCCD

6.1.1 Objective and importance of UNCCD Convention for SA

This Convention has been in force since December 1996 being ratified by more than
145 countries. The misuse of land and water due to deforestation, agriculture, mining
and urbanisation has led to large-scale land degradation in many parts of the world. It
is estimated that desertification affects 41% of the total land area on earth, with the
world‘s poor being the hardest hit as they depend on soil for a livelihood but do not
have the resources to reserve desertification. It is estimated that this problem affects 1
billion people in over 110 countries.

Desertification is primarily a problem of sustainable development. It is a matter of
addressing poverty and human well being, as well as preserving the environment.
Social and economic issues, including food security, migration, and political stability,
are closely linked to land use and degradation. So are such environmental issues as
climate change, biological diversity, and freshwater supplies. The Convention
emphasizes the need to coordinate research efforts and action programmes for
combating desertification with these related concerns.

In many African countries, combating desertification and promoting development are
virtually one and the same due to the social and economic importance of natural
resources and agriculture. When people live in poverty they have little choice but to
over-exploit the land. When the land eventually becomes uneconomic to farm, these
people are often forced into internal and cross-border migrations, which in turn can
further strain the environment and cause social and political tensions and conflicts.
The link with migration was important to the international community‘s recognition
of desertification as a truly global problem, like climate change or biodiversity loss.
Food security can ultimately be put at risk when people already living on the edge
face severe droughts and other calamities.

Although the CCD promised to dramatically reshape the international aid process and
take a bottom up approach to sustainable development, emphasising local community
participation, there is general dissatisfaction with the lack of effective
implementation. The CCD is seen as the stepchild of Rio as little has been done to
implement it. It is highly relevant to SA and Africa because problems of land
degradation, water shortage and drought affect the poorest residents most directly.
The issues in this Convention are in general about sustainable development and thus
overlap with the other Conventions and the themes. It has strong linkages to the JPOI
and work programme of the CSD. It also has impacts on issues such as agriculture and
food production as well as trade (WTO).




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 The Convention recognises the physical, biological and socioeconomic aspects of
desertification; the importance of redirecting technology transfer so that it is demand
driven; and the involvement of local populations. The core of the CCD is the
development of national and sub-regional/regional action programmes by national
governments in cooperation with donors, local populations and non-governmental
organizations (NGOs). The purpose of using an innovative ―bottom-up‖ approach, by
involving people who are affected by desertification in decision-making, is to
facilitate effective implementation of the Convention.

SA acceded to the Convention in June 1994 and ratified it on 30 September 1997.

    12.1.2 Some thoughts on S &T issues
    12.1.3
The Committee on Science and Technology (CST) was established as subsidiary body
in terms of Article 24 to provide information and advice on scientific and
technological matters relating to combating desertification and mitigating the effects
of drought. There is also a Group of Experts, Roster of Experts and Ad Hoc Panels.
There appears to be is insufficient attention given to this Convention in SA.

There has been insufficient time to do justice to this Convention. It is just noted that it
is a Convention that has been historically difficult to implement, partly because it
spans so many different issues and requires a broader socio-economic programme.

6.1.3 Key issues on 2005 international agenda and calendar of events24

DEAT has identified UNCCD as a high priority because of its importance to Africa
and identified the following issues:
    Sufficient resources for the work programme of the UNCCD
    Strengthening of the UNCCD Secretariat
    Adequate GEF resources for the desertification focal area
    Financial and technical support for implementation of the action plan for the
       environment initiative of NEPAD

Calendar of events
    3rd Session of the Committee for the Review of the Implementation of the
      Convention to Combat Desertification (UNCCD) (CIRC 3) Bonn, Germany (2
      tot 11 May 2005); 3rd Session of the Committee for the Review of the
      Implementation of the Convention to Combat Desertification (UNCCD)
      (CIRC 3) Bonn, Germany; For more information contact: +49-228-815-2800;
      fax +49-228-815-2898; e-mail: secretariat@unccd.int; Internet:
           http://www.unccd.int
          7th Conference of the Parties to the UNCCD Bonn, Germany (17 to 28
           October 2005); Parties will consider, inter alia: the programme and budget for
           2006-2007, reviews of the implementation of the CCD and its institutional
           arrangements of the CST report and of the relationships with other
           conventions and organizations; the Regional Coordinating Units; the CCD‘s
           implementation in accordance with Article 27 on mechanisms and instruments
           for implementation; arbitration and conciliation procedures; a comprehensive

24
     Based on information provided by DEAT


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        review of the activities of the Secretariat and consideration of progress made
        by the GM in mobilizing financial resources to support CCD implementation
        in particular NAPs. For more information contact: UNCCD Secretariat: tel
        +49-228-815-2802; fax: +49-228-815-2898; e-mail: secretariat@unccd.int;
        Internet: http://www.unccd.int/main.php


6.2 Ramsar Convention on Wetlands of International Importance especially as
Waterfowl Habitat25

6.2.1 Objective and importance of Convention for SA

Ramsar is the first of the modern global intergovernmental treaties on the
conservation and sustainable use of natural resources, but, compared with more recent
ones, its provisions are relatively straightforward and general. Over the years, the
Conference of the Contracting Parties has further developed and interpreted the basic
tenets of the treaty text and succeeded in keeping the work of the Convention abreast
of changing world perceptions, priorities, and trends in environmental thinking. The
Convention entered into force in 1975 and has 138 Contracting Parties.

The broad aims of this convention are to stem the loss and to promote wise use of all
wetlands. The convention addresses one of the most important issues in South Africa,
namely the conservation of the country's water supplies, for both the use of the natural
and the human environments. Wetlands provide a range of services, functions, and
products that have direct social, economic and cultural value and are integral to the
survival and well being of almost all South African communities. These systems have
indispensable ecological value, being repositories of biodiversity and providing
essential life support for a range of plant and animal species. South Africa has
designated 16 sites to the List of Wetlands of International Importance. A number of
others are under consideration.

The implementation of the Ramsar Convention is a continuing partnership between
the Contracting Parties, the Standing Committee, and the Convention Secretariat, with
the advice of the subsidiary expert body, the Scientific and Technical Review Panel
(STRP), and the support of the International Organization Partners (IOPs). Every
three years, representatives of the Contracting Parties meet as the Conference of the
Contracting Parties, the policy-making organ of the Convention which adopts
decisions (Resolutions and Recommendations) to administer the work of the
Convention and improve the way in which the Parties are able to implement its
objectives.

 The "Framework for Implementation of the Ramsar Convention", first adopted at the
1984 Conference of the Parties (Recommendation 2.3), set out both the long-term
commitments and the priorities for the attention of the Contracting Parties to the
Convention - subsequent meetings of the Conference have updated the Framework in
light of decisions of the COP, and, within this framework, priority objectives have
been agreed for the Parties, the Standing Committee, and the Secretariat for each
coming triennium. Since 1996, this has been done instead by means of a Strategic

25
 An excellence base level document on Ramsar is: The Ramsar Convention Manual 3 rd Edition 2004,
www.ramsar.org


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Plan and associated Work Plan which set out, in the context of the priority objectives,
the actions expected or requested of the Parties, the Standing Committee, the
Secretariat, the STRP, the IOPs, and other collaborators. The Convention is presently
operating under its second Strategic Plan, for the period 2003-2008.

SA scientists participate in various Ramsar structures/forums. We are recognised
internationally as leaders in this field.

6.2.2 Some thoughts on S&T issues

As water is such a scare and important resource in SA, there is well established
network of research activities regarding wetlands. Most of this is financed through the
Water Research Commission. There is significant funding available from government
in support of wetlands restoration through the Working for Wetlands programme. The
NGO and private sector are very active in wetland related programmes in SA. One
specific slice of work needed to complement the WRC effort is on application of
environmental flows, testing and refinement in the field. Full scale implementation to
test methodologies is needed.

6.2.3 Key issues on 2005 international agenda and calendar of events26

DEAT has identified Ramsar as an intermediate priority as it is a mature Convention
and identified the following issues:
    Synergy with other biodiversity related conventions
    Funding and support for implementation of the action plan of the environment
       initiative of NEPAD

Calendar of events
    RAMSAR COP-9 Africa Regional Preparatory Meeting (6 to 9 April 2005);
      The Regional Meeting of the African Contracting Parties to the RAMSAR
      Convention will examine the major issues and concerns that characterise the
      expansion of the Convention and its work in the region. It will provide an
      opportunity to share experience and discuss common problems, major
      achievements and the need for future actions. For more information contact:
      Dwight Peck, RAMSAR Communications Officer; tel +41-22-999-0171; fax:
      +41-22-999-0169; e-mail: peck@ramsar.org; Internet:
           http://www.ramsar.org/w/n/html
          31st Meeting of the RAMSAR Standing Committee Gland, Switzerland (6 to
           10 June 2005); This meeting should be attended by all members. For more
           information: RAMSAR Convention Secretariat; tel: 09 41 22 999 0170; fax:
           09 41 22 999 0169; e-mail: ramsar@ramsar.org; Internet:
           http://www.ramsar.org/meetings.htm
          RAMSAR COP-9 Kampala, Uganda (7 to 15 November 2005); The 9th
           ordinary meeting of the Conference of the Contracting Parties to the
           Convention on Wetlands will review the work of the Convention, plan its
           future activities and advance wetland science and policy and management
           tools. The conference‘s focus will be on the effective wetland management
           for poverty eradication, taking into consideration related priority actions found

26
     Based on information provided by DEAT


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           in Agenda 21, the UN Millennium Development Goals and the Plan of
           Implementation adopted at the World Summit on Sustainable Development.
           For more information contact: Dwight Peck, Ramsar Communications Officer,
           tel +41-22-999-0171; fax +41-22-999-0169; e-mail: peck@ramsar.org;
           Internet:: http://www.ugandawetlands.org/cop9/

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

6.3.1 Objective and importance of Convention for SA

The main objective of this Convention is the protection of endangered species
prominent in international trade through appropriate trade control measures and
monitoring the status of such species. Under the convention South Africa has adopted
measures to combat illicit trade in wild species of fauna and flora to protect its
biodiversity. South Africa participated in the 1973 Washington Conference during
which the convention was drafted, and ratified the convention on 15 July 1975. South
Africa achieved success at the last COP on the issue of sale of ivory. This convention
has a high profile in South Africa as well as internationally.

Not one species protected by CITES has become extinct as a result of trade since the
Convention entered into force and, for many years, CITES has been among the largest
conservation agreements in existence, with now 167 Parties. There are a wide range
of conservation authorities and NGOs involved in supporting the implementation of
CITES. Around 25,000 plant species and 5,000 animal species are covered by the
provisions of the Convention. As one can imagine this places huge challenges on
enforcement and monitoring.

6.3.2 Key issues on 2005 international agenda and calendar of events27

DEAT has identified CITES as a high priority because of its trade impacts that are
historically controversial.

Calendar of events
    15th Meeting of the CITES Plants Committee and 21st Meeting of the CITES
      Animals Committee Geneva, Switzerland (17 to 25 May 2005); The 21st
      Meeting of the Animals Committee and the 15th meeting of the Plants
      Committee of the Convention on International Trade in Endangered Species of
      Wild Fauna and Flora (CITES) are scheduled to take place back-to-back in
      May 2005 in Geneva. The AC and PC will address the numerous resolutions
      and decisions that were directed to their Committees at the 13th meeting of the
      Conference of the Parties (CITES COP-13) held in Bangkok, Thailand from 2-
      14 October 2004. In additions, they will continue to undertake periodic
      reviews of species, in order to ensure appropriate categorisation in the CITES
      Appendices, advise when certain species are subject to unsustainable trade and
      recommending remedial action and drafting new resolutions on animal and
      plant matters for consideration by the Parties at the next COP, to be held in the
      Netherlands in 2007. For more information contact: CITES Secretariat; tel

27
     Based on information provided by DEAT


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        +41-22-917-8139; fax +41-22-797-3417; e-mail: cites@unep.ch; internet:
        http://www.cites.org

7. Role of DST and the Multilateral Unit regarding MEAs

The suggested roles for DST in relation to MEAs are:
    Identify what the S&T agendas of MEAs are & which to prioritise
    Feed S&T positions to DEAT for presentation in MEA forums
    Identify gaps & facilitate engagement between scientific community & DEAT,
       & stimulate R&D in these areas
    Identify MEA networks & facilitate information flows
    Facilitate interdepartmental coordination where lacking
    Develop and promote an MEA Technology Transfer R&D Strategy so that SA
       can take up the technology transfer opportunity in most MEAs
    What technology transfer opportunities to pursue
    Find fit with development partners
    Promote in various multilateral forums
    Represent SA directly in certain forums

Within DST the need was expressed for the development of a structured mechanism
between line functions and the Multilateral Unit. Multilateral was seen as fulfilling
the following roles:
     Provide interface between environmental multilateral space and DST line
        functions in following ways:
           o Develop in-house environmental competency
           o Develop database of who is doing what re MEAs
           o ID the relevant environmental networks & link in as appropriate
           o ID strategic S&T issues where focus/prioritisation is needed & provide
               analysis of where line functions should get involved
           o Facilitate the development of a structured and networked approach to
               identifying and managing a research agenda for the
               chemicals/hazardous waste sector
           o Contribute to development of MEA tech transfer R&D strategy
           o Provide briefing notes to line functions on topics of concern to them
               that arise from multilateral engagements
     Represent SA in certain forums




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Annexure A: People interviewed

Face to face discussions were held with the following people:
    DEAT, Mr Nazeer Fakir, Director: International Coordination and Liaison
    DME, Ms Lwazi Tyani, DNA for CDM in terms of Kyoto Protocol
    DST
           o Mr Ben Durham, Biotechnology
           o Dr Isaac Lusunzi, Technology Development
           o Dr Busi Madolo, Multilateral Cooperation
           o Dr Boni Mehlomakhulu, Resource Based Technology
           o Dr Mogege Mosimege, Indigenous Knowledge System
           o Dr DhesigaenNaidoo, Group Executive: International Cooperation and
               Resources
           o Majorie Pyoos, Technology Transfer
           o Dr Tshepo Seekoe, Science Platform
           o Dr Bethuel Sehlapelo, Technology Mission
           o Dr Botlhale Tema, International Cooperation
    CSIR, Dr Bob Scholes
    NRF, Mr Robbie Kriger

Telephonic discussions were held with:
    DEAT, Ms Joanne Yawitch, DDG
    DEAT, Dr Joseph Matjila, CD: Chemicals, Waste and Climate Change
    DoA, Dr Julian Japhta, Biosafety Clearing House in terms of Biosafety
      Protocol
    SANBI, Dr Maureen Wolfson, Research
    University of North West, School of Environment Sciences and Development
      Zoology, Potchefstroom Campus, H. Bouwman, 018-2992377
    Water Research Commission, Heather McKay

The work was undertaken with the participation and support of Mabatho Mphomane
of the Multilateral Unit.
i
    Information for this section on biodiversity has been obtained from the following sources:
        Cartagena Protocol on Biosafety to the Convention on Biological Diversity, text of
           Convention, www.biodiv.org
        Convention on Biological Diversity, Text of Convention, Annex in White Paper on the
           Conservation and Sustainable use of South Africa‘s Biological Diversity
        DEAT, July 2003, Conventions Table, summary information provided by DEAT
        DST, November 2004, Indigenous Knowledge Systems Policy
        Government of South Africa, White Paper on the Conservation and Sustainable use of South
           Africa‘s Biological Diversity, Notice 1095 of 1997
        IISD Linkages, March 2005, A brief introduction to the CBD, www.iisd.ca
        IISD Linkages, March 2005, A brief introduction to the Biosafety Protocol, www.iisd.ca
        IISD Linkages, March 2005, SBSTTA range of information, www.iisd.ca
        IUCN, 1998, A Guide to designing Legal frameworks to Determine Access to Genetic
           Resources, by Lyle Glowka
        Laird S & Wynberg R, 2003, Biodiversity, prospecting and access and benefit sharing, IUCN
        McGraw D, 2002, The CBD – Key Characteristics and Implications for Implementation,
           Reciel 11(1) 2002


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           Mwila GP Makano R Chirwa B Lewanika MM & Mkamanga GY(eds), January 1999,
            Implications of International Instruments on Sustainable Management of Biodiversity:
            proceedings of the African Regional Workshop on Understanding Biodiversity-Related
            International Instruments, SADC Plant Genetic Resources Centre, Zambia
           OECD, 1996, Intellectual Property Technology Transfer and genetic resources – An OECD
            Survey of Current Practices and Policies
           Secretariat of the Convention on Biological Diversity and the United Nations Environment
            Programme, Biosafety and the Environment – An Introduction to the Cartagena Protocol on
            Biosafety, www.biodiv.org/biosafety
           Secretariat of the Convention on Biological Diversity and the United Nations Environment
            Programme, Cartagena protocol on Biosafety - Frequently Asked Questions,
            www.biodiv.org/biosafety
           Secretariat of the Convention on Biological Diversity, 2002, Bonn Guidelines on Access to
            Genetic Resources and Fair and Equitable Sharing of the Benefits Arising out of their
            Utilisation
           Young T, 2004, Genetically Modified Organisms and Biosafety: A background paper for
            decision-makers and others to assist in consideration of GM issues, IUCN
           Inputs from interviewees
ii
      Information for this section has been obtained from the following sources:
          DEAT, July 2003, Conventions Table, summary information provided by DEAT
          DME, 2005, Various documentation about the Clean Development Mechanism
          IISD Linkages, March 2005, A brief introduction to the UNFCCC, www.iisd.ca
          IPCC, November 2004, 16 Years of Scientific Assessment in Support of the Climate
             Convention
          Kyoto Protocol, Text, www.iisd.ca
          United Nations Industrial Development organisation, 2003, Clean Development Mechanism
             Investor Guide South Africa
          UNFCCC, May 2002, Understanding climate change - A beginner‘s guide to the UN
             framework Convention and its Kyoto Protocol, www.unfccc.int
          UNFCCC, Convention Text, www.iisd.ca
          Verheyen R, 2002, Adaptation to the Impacts of Anthropogenic Climate Change – the
             International Legal Framework, RECEIL 11(2) 2002
          IUCN, Overview on Climate Change, www.icun.org
          Wang X & Wiser G, 2002, The Implementation and Compliance Regimes under the Climate
             change Convention and its Kyoto Protocol, RECEIL 11(2) 2002
          Witbanks T & Others, June 2003, Possible responses to global climate change: Integrating
             mitigation and adaptation, Environment, Jun2003, Vol. 45 Issue 5
          Inputs from interviewees
iii
  Information in the section on chemical and hazardous waste management has been obtained from the
following sources:
      Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and
        their Disposal, Text of Convention, www.basel.int
      Bouwman H, July/August 2004, South Africa and the Stockholm Convention on Persistent
        Organic Pollutants, South African Journal of Science 100
      DEAT, July 2003, Conventions Table, summary information provided by DEAT
      IISD Linkages, March 2005, A Brief introduction to the Stockholm POPs Convention,
        www.iisd.ca
      IISA Linkages, March 2005, A Brief introduction to the Rotterdam PIC Convention,
        www.iisd.ca
      IISD Linkages, March 2005, A Brief introduction to the Basel Convention, www.iisd.ca
      Krueger J & Selin H, Jul-Sept 2002, Governance for Sound Chemicals Management: The
        Need for a More Comprehensive Global Strategy, Global Governance, 10752846, Jul-
        Sep2002, Vol. 8, Issue 3
      Rotterdam Prior Informed Consent Convention, Text of Convention, www.pic.int
      Stockholm Convention on Persistent Organic Pollutants, Text of Convention, www.pop.int
      Strategic Plan for the Implementation of the Basel Convention, www.basel.int
      UNEP, November 2003, The Hazardous Chemicals and Wastes Conventions, www.basel.int



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Final Report on Science and Technology Implications of MEAs                            By Lala Steyn




          Van den Bilcke C, 2002, The Stockholm Convention on Persistent Organic Pollutants, Reciel
           11(3) 2002
          Inputs from interviewees

iv
     Information for this section has been obtained from:
         DEAT, July 2003, Conventions Table, summary information provided by DEAT
         DEAT/FRD/Foreign Affairs, September 1995, International Environmental Treaties and
           Protocols: implications for SA
         Kimball L A, 2001, International Ocean Governance: using International Law and
           organisations to Manage Marine Resources Sustainably, IUCN
         United Nations Law of the Sea, An historical perspective, www.unclos.int




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