14.1.4. Environmental Legislation
Ratification of international and regional conventions and agreements brings
the responsibilities and commitments associated with them into the text of national
legislation. As a consequence, ratification of the recommendations of the United
Nations Conference on Environment and Development (UNCED, 1992) by Latin American
governments has initiated a path for preventive actions for natural hazards,
as well as other recommendations included in Agenda 21 to be incorporated into
national legislation. The same is true for the United Nations Framework Convention
on Climate Change (UNFCCC), the United Nations Convention on Biodiversity, and
the United Nations Convention to Combat Desertification and Drought. This also
has been the case with the adoption of the Vienna Convention on the Protection
of the Stratospheric Ozone Layer and its Montreal Protocol. Similar steps will
be needed should the Kyoto Protocol be ratified. The UNFCCC, particularly Articles
2 and 4, calls for action vis-à-vis climate variations, and the Kyoto
Protocol opens avenues for mitigation of greenhouse gas (GHG) emissions; through
Article 12, on Clean Development Mechanisms, the UNFCCC makes provision for
assistance and transfer of technology from Annex I to non- Annex I Parties.
There also are a substantial number of regional agreements and a huge body
of laws, rules, and regulations to ensure systematic and coordinated actions
for protecting the environment, including flora and fauna and coastal and inland
wetlands, as well as to promote sustainable development (PNUMA, 1991; Bertucci
et al., 1996; Solano, 1997). Most Latin American governments have a comprehensive
environmental legal framework with relevant laws, rules, and procedures for
specific resources and activities (e.g., water, forestry and mineral resources,
marine resources and coastal areas, hunting and fishing, and tourism, as well
as specific products and pesticides and pollution) (Sebastiani et al.,
1991, 1996a,b). Latin American governments also have developed national and
regional environmental plans and strategies, as well as other sectoral or special
programs. Although implementation in some countries is far from satisfactory,
it also is very common to find legislation that regulates the use of natural
resources and makes provision to punish noncompliance (Solano, 1997). In a large
number of countries in the region, recent legal developments on environmental
management include mandatory environmental impact assessment (EIA) studies.
All Latin American countries are expected to adopt this policy. With regard
to the climate component, the main shortcomings highlighted in the report to
the IPCC Bureau on Systematic Observations are lack of sufficiently dense terrestrial
and marine observing systems; lack of systematic observations on specific biological
variables and socioeconomic impacts, as well as GHGs and aerosols; and consolidation
of land surface observations (hydrology, ecosystems, and land use) (WMO, 1998).
This means that, generally speaking, there are limitations that affect the value
and reliability of EIAs in some areas of the region.
In line with United Nations Resolution A/52/629which calls for cooperation
to incorporate sustainable development programs at national, regional and global
levelscountries in Latin America are engaged in fulfilling the objectives
of such development programs. In this respect, policymakers and decisionmakers
should be made aware of the role played by climate variation issues in such
development strategies. The large majority of countries follow the recommendations
made by the United Nations Commission for Sustainable Development (UNCSD), and
the Economic Commission for Latin America and the Caribbean (ECLAC) is assisting
them in integrating relevant disciplines and sectors, particularly for incorporating
natural hazard response strategies in sustainable development policies. However,
more work still is needed, as a result of the aforementioned shortcomings in
the operation of observing and monitoring systems as well as the need for capacity-building
on issues related to sustainable development and their well-known linkages with
climate issues. Such action becomes relevant to efforts for mitigating environmental
hazards and acting in line with the planning of the Pan-American Climate Information
and Applications System (PACIS), as suggested by the Summit of the Americas
in Santiago, Chile, in 1998.
As environmental concerns become more pressing, they are climbing higher on
the international political agenda. Globalization in its many guises poses an
enormous challenge for traditional governance structures. While nationsparticularly
developing nationsare losing ground in globalization, other actors are
moving to the forefront, particularly international corporations and nongovernmental
organizations (NGOs). Therefore, governments should not only take into account
this new spectrum of participants in future environmental legislation but, above
all, give them specific and urgently required roles in defense of the environment.
New information and communication technologies are facilitating international
networking, and activist groups, businesses, and international institutions
are forging innovative partnership.
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