37 Institutional Mechanism : UNEP, GEF etc.

Manoj Kumar Sharma

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INSTITUTIONAL MECHANISMS: UNEP, GEF etc.

 

International community has been alive to environmental degradation and other adverse effects on environment due to human activities and accordingly, increased emphasis at the international level towards environmental protection and conservation was laid especially after UN Conference on Environment held at Stockholm in June 1972. Since then sustainable development has been the Mantra of the world environmental regime. Concern of the international community can be gauged from the fact that many international instruments, including but not limited to, Vienna Convention on the Protection of Ozone Layer, 1985 and Montreal Protocol under the Convention; Basel Convention on the Control of Trans-boundary Movement of Hazardous Wastes and their Disposal, 1989; Convention on Biological Diversity, 1992 and Cartagena and Nagoya Protocols; UN Framework Convention on Climate Change, 1992, Kyoto Protocol and Paris Agreement under UNFCCC; Convention to Combat Desertification, 1994; Minamata Convention on Mercury, 2013 etc.

 

However, it is relatively easier to adopt principles and treaties for the protection of environment but it is rather difficult to administer and monitor the same since there is no global government for the purpose of administration and monitoring. Therefore having shown its concern for the protection and conservation of environment and enactment of various legal instruments at the international level, it was incumbent on the international community to provide for International Environmental Governance. International Environmental Governance consists of institutions, policy measures, principles, financial mechanism, procedures and norms etc. which regulate and protect the environment globally. History of IEG dates back to the historical Stockholm Declaration of 1972 which was followed up by setting up of United Nations Environment Programme in 1972 itself. Since then various multilateral agreements and international instruments have been adopted/created to provide for environmental protection norms and to establish institutions to deal with and monitor the implementation of international treaties and instruments regarding environment protection. In this context, various bodies/institutions have been created including United National Environment Programme (UNEP), United Nations Development Programme (UNDP), Food and Agriculture Organization (FAO), Global Environment Facility (GEF), World Meteorological Organization (WMO), Intergovernmental Panel on Climate Change (IPCC), Commission on Sustainable Development, 1992 etc.

 

Learning Outcomes

In the above backdrop the aim of the paper is to elaborate the constitution and working of international institutions dealing with environment viz., UNEP, GEF, IPCC, UNDP, Commission on Sustainable Development/High Level Political Forum etc. The role of international institutions in the protection of environment will be analyzed. The discussion shall be divided into following topics:

  • United Nations Environment Programme (UNEP)
  • Global Environment Facility (GEF)
  • Intergovernmental Panel on Climate Change (IPCC)
  • Commission on Sustainable Development/High Level Political Forum United Nations Development Programme (UNDP)
  • World Meteorological Organization (WMO)
  • Conclusion

 

UNITED NATIONS ENVIRONMENT PROGRAM (UNEP)

 

UNEP was established as a consequence of United Nations Conference on Human Environment held in Stockholm in June 1972. Stockholm conference proved to be a catalyst in International Environmental Governance (IEG). This was the maiden effort of the international community to lay down norms, standards and institutions regarding environmental jurisprudence. The conference was attended by 113 nations of the world. As a follow up to the conference in December 1972, UN General Assembly adopted resolution (2997 / XXVII 15th December, 1972) wherein United Nations General Assembly underlined the urgent need for establishment of permanent international institution for protection and improvement of environment. Since its establishment in 1972, UNEP has played a pivotal role in IEG.

 

Objectives and Functions of UNEP

 

UNEP was established with the main objective of having an institutional arrangement for coordinating global efforts concerning improvement of environment. The main objectives and functions of UNEP are :

  • Promotion of international cooperation for the protection, preservation and improvement of environment.
  • To devise and recommend policies and measures regarding protection, preservation and improvement of environment.
  • To provide general policy guidance in Environmental programs of United Nations to monitor and review the implementation of UN environmental programs.
  • To monitor environmental situations and the emerging environmental problems.
  • To create environmental awareness and disseminate scientific environmental knowledge.
  • To review and monitor international and national policies concerning evironment and their impact on developing countries.
  • To provide technological support and help in capacity building.
  • To help in development of national and international environmental norms and strategies. To develop programs for environmental sustainability.

 

Governing Council

 

UNEP is having its headquarters in Nairobi, Kenya. Governing Council of UNEP consists of 58 members. These members are elected by Governing Council for 3 year term. The composition of Governing Council is under

  •  16 African States
  •  13 Asian States
  •  6 East European States
  • 10 Latin American States
  • 13 Western European and other states

 

The Governing Council is required to report to United Nations General Assembly through Economic and Social Council. This apart, resolution of 1972 also created Environmental Secretariat to act as focal point for environmental matters. Environment Secretariat is headed by executive director of UNEP. Environmental Secretariat has been obligated to co-ordinate environmental programs under the guidance of Governing Council and to advice the intergovernmental bodies of United Nations regarding environmental programs. Further, the Secretariat is required to administer Environment Fund under the guidance of Governing Council and to report environmental matters to Governing Council.

 

Environment Fund

 

As per the mandate of United Nations resolution, Environment Fund has been created based upon voluntary contribution from the states. The expenses of Governing Council and Environmental Secretariat are borne by United Nations whereas operational cost of environmental programs are to be met out by Environment Fund. In addition to voluntary contribution from States, some support also comes from trust funds administered by UNEP. It is worth mentioning here that around 90% of the contribution comes from 15 countries viz. Germany, France, Netherlands, USA, Sweden, Belgium, UK, Switzerland, Norway, Italy, Canada, Denmark, Finland, Russia and Ireland. As of 31st August 2017, around 93% of the voluntary contributions were from the above 15 Nations and rest from other states. It is also worth mentioning that of the total 193 member states only 60 Nations had contributed as of 31st August 2017. Over the years, a decline has been witnessed in the voluntary contribution to Environment Fund. Whereas contributions were pegged at 124 million USD in 94-95, they have declined to 62.65 million USD as of 31st August, 2017(UNEP, Resource Mobilization Strategy). The weakening of environment fund is detrimental to the efforts of UNEP to preserve, sustain and improve the environment.

 

Role of UNEP

 

UNEP is the premier institution in IEG. It has played an important role in development of various multilateral environmental agreements like Convention on Migratory Species of Wild Animals 1979;

 

Vienna Convention 1985; Montreal Protocol on Substances that Deplete the Ozone Layer, 1987; Basel Convention 1989; Convention on Biological Diversity etc. It has also played an important part in development of UNFCCC. It is worth mentioning that World Commission on Environment and Development (also known as Brundtland Commission which submitted its report ‘Our Common Future’ proposing Sustainable Development Strategy to cope up with environmental issues) also owes its origin to the recommendation of UNEP Governing Council. Focus areas of UNEP are :

  • Environmental Governance
  • Climate Change
  • Ecosystem Management Disasters and Conflicts
  • Chemicals and Waste
  • Resource Efficiency

 

Efforts of UNEP led to the formation of Global Ministerial Environmental Forum (GMEF). GMEF is a largest platform wherein environmental ministers of various countries sit together and discuss issues of common concern regarding environmental matters as compared to 58 member Governing Council of UNEP. The meetings of GMEF are convened by UNEP.

 

The first meeting of GMEF was held in Malmo, Sweden in 2000. Malmo declaration provided an impetus to involvement of various states in IEG. The first universal session of GMEF was held in 2013 in Nairobi.

 

UNEP launched Mountevideo Program which is 10 year program regarding development and review of environmental laws. The aim of Montevideo Program is to guide the enactment of legal framework based on scientific knowledge. Montevideo Program was adopted in 1982 which was developed by a group of senior government officials and experts in environmental laws with the aim of developing norms and guidelines in IEG. Second Montevideo program was adopted in 1993, third in 2001 and fourth Montevideo program was adopted by Governing Council of UNEP in 2009 for the decade 2010. to 2020. The midterm review took place in 2015 wherein more than 100 participants discussed the challenges in implementing the programs relating to environment and identified the gaps and priority areas.

 

UNEP and India

 

UNEP has presence in India and has established its office in New Delhi. UNEP has partnered with India in environmental protection and conservation projects including

  • Solar Loan Programme
  • India ABS Project under Nagoya Protocol
  • Indigenous People Network for Change
  • Global Network on Energy for Sustainable
  • Development National Planning for Food Security
  • Low Carbon Transport in India

 

India has always shared good relations with world institutions in general and environmental institutions in particular. In association with UNEP and other international institutions India has under National Action Plan for Climate Change initiated various projects for preservation and protection of environment.

 

From the perusal of the foregoing discussion, it is evident that UNEP has played a key role in IEG. However, since the establishment oh UNEP various other international institutions have been established which have led to overlapping and confusion in IEG. Further, the declining environmental fund of UNEP has also relatively weakened the position of UNEP. However the constitution of GMEF has widened the consultative process of UNEP and is expected to strengthen the role of UNEP as a leading global environmental authority.

 

GLOBAL ENVIRONMENT FACILITY (GEF)

 

GEF is a multilateral financial mechanism with 183 member countries. The GEF owes its origin to the meeting of Board of Governors of the World Bank and International Monetary Fund in 1989 wherein the French Prime Minister suggested the establishment of a fund for global environment and he pledged financial support to the same. The proposal received support from Germany also. GEF has its secretariat in Washington DC and is managed by World Bank.

 

GEF Assembly has 183 members. GEF Assembly meets on periodical basis generally after 3 to 4 years to review the working of GEF Council, operations of GEF etc. GEF Council is the main governing body which comprises of 32 members representing developed countries (14), developing countries (16 of which Africa has 6 seats, Asia and Pacific has 6 seats and Latin American and Caribbean have 4 seats) and economies in transition (2 seats for countries from central and eastern Europe). The council members are appointed for 3 years and Council meets twice a year.

 

GEF was set up in pilot phase in 1991 by World Bank, UNDP and UNEP. The pilot phase continued till 1994 and it dealt with biodiversity, ozone layer, international waters and climate change etc. In the pilot phase, some developed countries like USA viewed GEF as a temporary institution which would become redundant as soon as World Bank included and integrated global environment in its portfolio (Laurence Boisson Chazournes, 2002). However, contrary to such perception, GEF gained strength after the pilot phase.

 

Negotiations were held for restructuring GEF and these negotiations were concluded in Geneva in March 1994, with the acceptance of Instrument for the Establishment of the Restructured Global Environment Facility. The Instrument was finally adopted by implementation agencies of the GEF i.e. UNEP, UNDP and World Bank. The Instrument came into force on July 7, 1994. Since then instrument has been amended by 4 GEF Assemblies i.e. second, third, fourth and fifth assemblies.

 

GEF and International Conventions

 

GEF has been established as a financial mechanism for Global Environmental Funding. It seeks to ensure transparency and democracy in its operations and coordination between implementation agencies. It established GEF trust fund. GEF had been established to provide grants and concessional funding to deal with climate change, biological diversity, international waters, chemicals and waste, and land degradation. GEF serves as financial mechanism for the implementation of

 

  • United Nations Framework Convention on Climate Change (UNFCCC)
  • Convention on Biological Diversity (CBD)
  • Convention of Persistent Organic Pollutants
  • UN Convention to Combat Desertification
  • Minamata Convention on Mercury

This apart GEF also supports implementation of Montreal Protocol on Substances that Deplete the Ozone Layer in countries with economy in transition. GEF also supports various global and regional multilateral agreements concerning international waters like the Global Ship Ballast Water Treaty, UN Law of the Sea Treaty, The MARPOL Treaty etc.

 

GEF provides funding and assistance to the developing countries for meeting their obligations towards environmental protection. It must be noted that without the financial assistance, developing countries would not be in a position to divert their limited resources towards protection of environment. As explained earlier, GEF is managed by UNEP along with UNDP and World Bank. UNEP provides support and Secretariat services to Scientific and Technical Advisory Panel constituted as an advisor to GEF and it operates as liaison between GEF and the Panel. UNEP is also one of the implementation agency of the projects funded by GEF. It is worth mentioning here that GEF brings together member states, NGOs, private sector and other stakeholders in achieving its objectives. In this context, UNEP as an implementation of GEF Funding projects, liaison with various organizations and monitors the implementation of the projects and at the same time provides technical advisory and managerial support.

 

GEF trust fund which was established by the Instrument of 1994 is required to be replenished periodically i.e. after a period of 4 years. Over a period of around 25 years, since GEF first came into being, GEF programs have led to an investment of around 14.5 Billion USD and leverage of 75.4 Billion USD in additional resources for nearly 4000 projects in 167 countries. (Naoko Ishii, 2016)

 

GEF has supported creation of more than 3300 protected areas covering 860 hectares and conservation friendly management for over 350 million hectares; 790 projects for mitigating climate change , thereby leading to reduction of GHG by 2.7 Billion tonnes.( Naoko Ishii)

 

GEF and India

 

India is both a donor and recipient country from GEF. India has contributed to GEF third, fourth and fifth replenishment cycles and has pledged financial support for sixth replenishment of GEF. India has also received financial support and grants from GEF. E.g. In August 2017, India entered into grant agreement with GEF of 24.64 million USD for ecosystem service improvement project of 5 years. The project is to be implemented by MOEFCC in Chhattisgarh and Madhya Pradesh under National Mission for Green India.

 

India has a permanent constituency in GEF Council with Bangladesh, Sri Lanka, Nepal, Bhutan and Maldives. Many projects in India have been funded by GEF with funding leveraged around 2.59 Billion USD.

 

Over more than 25 years of its existence, GEF has gained experience in implementing various environmental projects with wide network of partners i.e. member states, NGOs, private sector and other stake holders. GEF serves as a link between various conventions dealing with protection of Global Environment. GEF enjoys autonomy in its operations and is gaining further autonomy in its relationship with the implementation agencies i.e. UNEP, UNDP and World Bank. Over the years, GEF has become primary financial mechanism for Global Environment.

 

COMMISSION ON SUSTAINABLE DEVELOPMENT/HIGH LEVEL POLITICAL FORUM ON SUSTAINABLE DEVELOPMENT

 

Commission on Sustainable Development (CSD) was established in 1992 in the Earth Summit held at Rio de Janeiro. CSD was a functional Commission of the United Nations Social and Economic Council and has 53 member states. CSD was required to look after sustainable development issues and in particular to monitor progress of implementation of Agenda 21. CSD was also required to integrate environmental and developmental goals. The Commission was required to consider information provided by governments, including periodic communications or reports; to consider information regarding the progress made in the implementation of environmental conventions, which were provided by relevant Conference of the Parties; and to make recommendations to the General Assembly on the implementation of Agenda 21. The primary function of CSD was to make an assessment of the progress made regarding the implementation of Agenda 21 at the international level and to bridge partnership between the governments and the major groups like women, youth, NGOs, workers, indigenous people, local governments, industry, trade and the like for the achievement of Sustainable Development Goals. It must be remembered here that climate change is not only an environmental issue but a sustainable development issue owing to its impacts on socio-economic conditions and hence it also constituted one of the concerns for CSD. In this context, 15th session of CSD emphasized the importance of integrating climate change policies with sustainable development strategies.

 

Rio+20 Conference held in 2012 mandated the establishment of High Level Political Forum (HLPF) on Sustainable Development vide the outcome document i.e. ‘The Future We Want’. HLPF on Sustainable Development has replaced CSD. HLPF met for the first time in 2013. Under the auspices of Economic and Social Council, HLPF meets annually. The heads of the State are required to meet once in every four years under the banner of General Assembly. It is the leading institution of the UN on Sustainable development who has been mandated to play a key role in reviewing the progress made and in particular to review the Sustainable Development Goals and 2030 Agenda for Sustainable Development.

 

All member states of the UN and specialized agencies of UN are members of HLPF. The main objectives of establishing the forum are:

  • To provide political leadership and wide scale consultations for making recommendations for sustainable development (SD);
  • To have a platform for discussion and dialogue for achieving the goal of SD and for taking stock of the progress made in this direction and to prepare response to emerging challenges to SD;
  • To encourage participation of UN agencies, funds, multilateral financial and trade institutions and Programmes
  • To supervise follow up and review the progress made in the implementation of various SD commitments made in various documents including Agenda 21, Johannesburg Plan of Implementation, Barbados Programme of Action, Mauritius Strategy, The Future We Want etc.
  • To ensure coordination, cooperation and coherence among various UN bodies regarding SD; To promote transparency and consultative process and sharing of best practices;
  • To encourage and promote decision making on scientific evidence basis; To enhance capacity building in developing countries.

 

From the perusal of the above, it is evident that HLPF is a wider platform than CSD for taking decisions on SDGs. It provides platform to all member states of UN and it specialized agencies to review, discuss and take up measures for SD.

 

UNITED NATIONS DEVELOPMENT PROGRAMME (UNDP)

 

UNDP was established in 1965 with the merger of United Nations Expanded Programme of Technical Assistance (created in 1949) and the UN Special Fund (created in 1958). It is an important international institution dealing with development as well as environmental issues. As discussed earlier, UNDP also participates in GEF and is one of the implementation agencies of GEF projects. The focus of UNDP is on Sustainable Development; Democratic Governance and Peace Building and; Climate Change and Disaster Resilience. UNDP’s role in climate change is pivotal as it assists the developing countries in achieving SDGs and in developing sustainable low emission energy which helps in preventing climate change. As we all know, climate change will adversely affect many developing countries as well, therefore, UNDP’s role in capacity building and in mitigation, adaptation for climate change in developing countries assumes importance.

 

With the adoption of 2030 Agenda for Sustainable Development in 2015, UNDP is working on new frameworks for disaster risk reduction, climate change and SD. UNDP coordinates various funds, institutions and agencies of UN dealing with development. UNDP works in line with Paris Agreement on Climate Change and Sendai Framework on Disaster Risk Reduction and 2030 Agenda for Sustainable Development thereby helping the developing countries reduce their GHG emission. UNDP is helping developing countries in Zero Carbon development.

 

UNDP has an Executive Board consisting of representative of 36 States which are elected on rotation basis. Even those states which are not members of the Board can participate in the deliberations but without right to vote. The Board provides support to UNDP activities and supervises UNDP efforts and projects. Board also decides about the budget, plans and the activities of UNDP. Executive Board conducts one annual session and two regular sessions per annum. The Board is assisted by The Bureau of Executive Board which is composed of the President and four Vice-Presidents who are elected. The Bureau organizes meeting of the Executive Board and facilitates the decision making. UNDP has presence in India since 1951. Presently UNDP India has more than 40 projects in almost all states of India.

 

WORLD METEOROLOGICAL ORGANIZATION

 

International Meteorological Organization was founded in 1873 with the aim of facilitating weather information exchange among governments. The organization functioned till 1950 and it was replaced by World Meteorological Organization (WMO). WMO became specialized agency of the UN in 1951. It has 191 member states.

 

WMO deals with atmosphere of the earth, the pattern, the interaction of the earth’s atmosphere with the  oceans,   the  climate   and  water  resources   etc.   WMO   has   been   instrumental   in       facilitating information exchange on climate and in ensuring welfare and safety of humanity. It coordinates and collaborates with national meteorological and hydrological services of member states.

 

WMO supports various programmes for scientific research on climate change, ozone depletion, biodiversity and desertification. It also ensures coordination among the observatories and information exchange on El Nino etc. WMO has played an important role in the adoption of Paris Agreement on Climate Change. The efforts of WMO led to the establishment of Global Framework for Climate Services (GFCS) in 2009 which deals with climate services to improve agriculture and health and reduce disaster risk. WMO has established various technical commissions like Commission for Aeronautical Meteorology, Commission for Basic Systems, Commission for Atmospheric Sciences, Commission for Agricultural Meteorology, Commission on Climatology, Commission on Hydrology, Commission for Oceanography and Marine Meteorology etc.

 

Apart from the above institutions, there are various other institutions dealing directly or indirectly with environment like Food and Agricultural Organization (FAO), World Health Organization, International Labour Organization, United Nations Forum on Forest etc. These institutions also play an important role in protection, preservation and conservation of environment. FAO plays a key role in advising and assisting the member states regarding climate change and its impact on food security and agriculture. It also collaborates with various UN agencies on technical issues relating to food and agriculture. Similarly, WHO apart from the other mandates also deals with the impact of climate change on health. In-fact, WHO was instrumental in developing GFCS in 2009. United Nations Forum on Forests is yet another institution dealing with environment. It was established by UN Economic and Social Council in 2000 with the prime aim of encouraging sustainable forest development. As we all know that forests are the sinks of carbon dioxide therefore development of forests and sustainable management of forests is of utmost importance to combat climate change.

 

Conclusion

 

Perusal of the foregoing discussion reveals that international community has done its bit not only to encourage the states to enter into environmental treaties laying down the norms for the protection and preservation of environment but has also made an effort to develop International Institutions for International Environmental Governance. In-fact various institutions have been established to deal with varied aspects of environmental protection including GEF, UNDP, UNEP etc. to monitor and finance international efforts and treaties for protection of environment and to guide and assist the member states in achieving the objectives of international instruments. Billions of dollars have been spent on IEG, thousands of meetings have been held, number of international instruments have been adopted and many organizations have put in their sincere efforts to help prevent environmental decline. Still much is needed to be done since the pace of environmental decline might have slowed down but the environmental degradation is still continuing. Further, the proliferation of international institutions has also not helped the cause.

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References

  1. Bharat S. Desai (2006) : UNEP : A Global Environment Authority, 36 Environmental Policy and Law, 137
  2. Laurence Boisson de Chazournes (2002) : The Global Environment Facility as a Pioneering Institution, 77 Phil. L. J. 11
  3. Naoko Ishii, (2016) : 25 years of GEF : Reflections by Naoko Ishii, CEO, GEF, available at https://www.thegef.org/news/reflections-25-years-gef-ceo-naoko-ishii
  4. www.unep.org
  5. www.undp.org
  6. www.thegef.org