NATIONAL CAPACITY SELF- ASSESSMENT IN GUYANA CROSS-CUTTING CAPACITY ISSUES

Transcription

1 NATIONAL CAPACITY SELF- ASSESSMENT IN GUYANA CROSS-CUTTING CAPACITY ISSUES Final Report January 2007

2 Contents ACRONYMS EXECUTIVE SUMMARY INTRODUCTION AND BACKGROUND Objectives Expected outcomes of the assessment Report structure Rationale and Context of the NCSA International perspective Principles for NCSAs Guyana s perspective Guyana's priority obligations under the Conventions Implementation status in Guyana SUMMARY OF THE METHODOLOGY PRIORITY ENVIRONMENTAL AND CROSS-CUTTING ISSUES Preamble National Priorities Priority issues from thematic assessments Priority issues identified by organisations Priorities Revealed in National-level Policies, Plans and Strategies National Development Strategy Poverty Reduction Strategy Paper National Biodiversity Action Plan Workshop on Research Priorities National Forest Policy/National Forest Plan/Draft Forests Act National Communication to the UNFCCC The National Action Plan (UNCCD) Priorities from Relevant International Programmes and Strategies Barbados Programme of Action Mauritius Strategy for the further Implementation of the Programme of Action for the Sustainable Development of Small Island Developing States Millennium Development Goals Summary of Guyana s Priority Environmental and Cross-cutting Issues EXISTING FRAMEWORK IN GUYANA THAT PROVIDES THE BASIS FOR ACTIONS TO FULFIL THE REQUIREMENTS OF THE CONVENTIONS Legal and Regulatory General framework Development and enforcement of policy and laws Monitoring Liability and redress Integrated ecosystems, plant conservation and protected areas management Land-use and planning Policy Poverty reduction Integrated ecosystems, plant conservation and protected areas management Page 2 of 113

3 5.2.3 Information gathering, management, storage and exchange National and international funding Economic, trade and incentives systems and instruments Institutional Institutional framework Public awareness, participation, training, education and research Traditional knowledge Technology development and transfer Sub-regional, regional and international cooperation Other cross-cutting issues CROSS-CUTTING CAPACITY CONSTRAINTS AND OPPORTUNITIES FOR SYNERGIES Description of Key Capacity Constraints Opportunities for Synergies Introduction to Synergies Opportunities for synergy Institutional requirements and structures Capacity building National planning requirements Information and reporting requirements ACTION PLAN FRAMEWORK Preamble Action Plan Action on general cross-cutting issues - institutional Action on general cross-cutting issues - infrastructure Action on general cross-cutting issues planning, funding and implementation Action on specific cross-cutting priority issues MONITORING AND EVALUATION The Conceptual Framework Monitoring Systems, Instruments and Organisation The Frame of Reference for Evaluation ANNEXES Annex A Stakeholder list Annex B - Indicative Reference Lists to Define Substantive Context for Capacity Development under Each Thematic Area Annex C Basis for Legal and Regulatory Framework Annex D Background to Synergies Annex E Institutional Mandates and Policy Instruments Page 3 of 113

4 Acronyms CARDI Caribbean Agriculture Research & Development Institute CARICOM Caribbean Community CDC Civil Defence Commission CDI Capacity Development Initiative CIDA Canadian International Development Agency CIG Conservation International (Guyana) CoP Conference of Parties CPACC Caribbean Planning for Adaptation to Climate Change EA Enabling Activity GEF Global Environmental Facility GHG Greenhouse Gas GINRIS Guyana Integrated Natural Resources Information System GMTCS Guyana Marine Turtle Conservation Society GNBS Guyana National Bureau of Standards GoG Government of Guyana GOINVEST Guyana Office for Investment Hydromet Hydrometeorological Service IAST Institute of Applied Science and Technology IICA Inter-American Institute for Cooperation on Agriculture KfW German Development Bank MACC Mainstreaming Adaptation to Climate Change Project MDG Millennium Development Goals MEA Multi-lateral Environmental Agreements MFTIC Ministry of Foreign Trade and International Cooperation MoA Ministry of Agriculture MoAA Ministry of Amerindian Affairs MoE Ministry of Education MoF Ministry of Finance MoFA Ministry of Foreign Affairs MoHA Ministry of Home Affairs MoL Ministry of Labour, Human Services and Social Security MoLA Ministry of Legal Affairs Page 4 of 113

5 NAP NARI NBAP NCSA NDS NEAP NTFP OPM PA PMMP PRSP RDC SBSTTA SIDS UG UNCBD UNCCD UNDP UNEP UNFCCC WWF National Action Plan (UNCCD) National Agriculture Research Institute National Biodiversity Action Plan National Capacity Self-Assessment National Development Strategy National Environmental Action Plan Non-Timber Forest Product Office of the Prime Minister Protected Area Public Management Modernisation Programme Poverty Reduction Strategy Paper Regional Democratic Council Subsidiary Body on Scientific, Technical and Technological Advice Small Island Developing States University of Guyana United Nations Convention on Biodiversity United Nations Convention to Combat Desertification United National Development Programme United Nations Environmental Programme United Nations Framework Convention on Climate Change World Wildlife Fund Acknowledgements The authors are grateful to the continuous support of the EPA and the NCSA Project Coordinator. Special thanks are due to all those stakeholders who gave up time to provide input to this project including those who provided specific comments on earlier drafts of the report. Page 5 of 113

6 1 Executive Summary Introduction Expected outcomes of the assessment This phase of the NCSA project has been guided, inter alia, by the following expected outcomes: Clearly identified national environmental and cross-cutting priorities covering the three Convention thematic areas Identified linkages in the legal and regulatory and institutional and policy frameworks and other priority cross-cutting issues, among the three thematic areas Identified cross-cutting capacity issues and constraints and opportunities for synergies in response to national priorities Recommended actions for synergistic capacity development in the form of a prioritised Action Plan Report structure The structure of this report has been adopted in an attempt to maximise clarity and provide a logical progression that addresses the expected outcomes as stated above. Therefore, following the section on background and methodology, the report deals with Guyana s priority environmental and cross-cutting issues, provides an overview of the relevant frameworks that constitute the basis for actions, identifies the key capacity issues faced by stakeholder organisations in fulfillment of the Convention mandates and discusses opportunities for synergies in Guyana s response to its obligations. The outputs from these various analyses then provide the basis for an action plan that provides specific recommendations for critical short-term remedial activities as well as a comprehensive list of action points to be pursued over the medium- to long-term to address the other priority cross-cutting issues. Rationale and Context of the NCSA International perspective In the 1990s, the international community reached unprecedented agreements on the need to protect the global environment. Most notable among these were the three global Conventions to address climate change, biodiversity and desertification/land degradation: United Nations Convention on Biological Diversity (UNCBD) United Nations Convention to Combat Desertification (UNCCD) United Nations Framework Convention on Climate Change (UNFCCC) GEF Council has approved funding for countries wishing to undertake national self-assessments of capacity building needs. The purpose was to support a country-driven consultative process of analysis and planning that would determine national priorities and needs for capacity development to protect the global environment. More than 150 developing countries and economies in transition are engaged in the NCSA programme. Each is assessing its needs and planning for capacity development towards improved management of environmental issues and sustainable development. Page 6 of 113

7 Guyana s perspective Guyana ratified the UNCBD on 29 August 1994, the UNFCCC on 29 August 1994 and the UNCCD on 26 June Some of the challenges Guyana faces in meeting the obligations of the Conventions include: limited over-arching statutory power to effectively carry out mandates; inadequate institutional capacity of the sector agencies to meet Guyana s obligations under the Conventions; limited human resources for environmental and natural resources management; and differing priorities of various development Agencies. As such, implementation of the respective national commitments and obligations of the three Conventions in the country has been fragmented, sector-based and to some extent uncoordinated which has resulted in suboptimal impact. Recognising the challenges in meeting these international commitments, the EPA, on behalf of the Government of Guyana, has entered into an agreement with the UNDP-GEF for the funding of the NCSA Project. The overall objective of the NCSA project is to identify and characterise critical capacity constraints relevant to effective environmental management in Guyana, and to develop a plan of action to address these constraints, in a coordinated manner to fulfill its obligations under the three Conventions. Guyana is currently undertaking the cross-cutting analysis having recently completed the stock-taking and thematic assessments. It is expected that by early 2007, the final NCSA report will be completed and an Action Plan approved. This phase of the NCSA has built on previous developments as well as conducting a further assessment of cross-cutting issues and capacity constraints encountered among stakeholder organisations. Summary of the Process for Preparing the Assessment The involvement of stakeholders has been a critical element in the NCSA process to date. For the crosscutting capacity issues project, the consultancy team went through a stakeholder analysis exercise to ensure that the broader list of stakeholders used in earlier in the NCSA project incorporated the key players relevant to this phase. An initial list of 65 stakeholders was drawn up. Since not all stakeholders would have a need or wish to be involved in the project to the same degree the list was divided into four categories: (1) those who would likely want to participate fully or whose active involvement will determine the credibility of the process; (2) those who would likely play a more limited role; (3) those who likely will wish simply to be kept well informed; (4) and those who will not want to be involved. The final list contained 42 stakeholders who were in the first three categories, including all members of the key environmental committees (the Natural Resources and Environment Advisory Committee, the National Climate Committee, UNCCD Steering Committee and the National Biodiversity Advisory Committee). A questionnaire was developed that was designed to elicit responses that would inform the analysis of issues at the policy, institutional and legislative level as well as identifying other important cross-cutting issues. At the same time the questionnaire asked for capacity constraints experienced by the institutions that may have been hindering the fulfillment of Guyana s obligations to the Conventions. Finally, the questionnaire provided an opportunity for stakeholders to propose opportunities for synergistic and crosscutting capacity-building activities. Page 7 of 113

8 The questionnaires were followed up by contacting the stakeholders to arrange individual interviews. At these meetings, questionnaire responses were reviewed and more in-depth discussion on key issues took place. In a few cases, due mainly to the absence of key individuals within stakeholder organisations, questionnaires were not completed fully and/or individual interviews were not conducted. The draft report was reviewed by Category I stakeholders and members of the environment committees who subsequently attended a stakeholder focus group workshop to further discuss issues. The meeting also provided the opportunity to ensure that maximum use of synergies for addressing cross-cutting issues was made in developing the action plan framework. Overall, direct interaction was achieved with over 75% of the key stakeholders which included all focal points and members of the relevant national steering committees. Priority Environmental and Cross-cutting Issues Preamble It is important to separate priority environmental issues (which can be seen as the end ) and the crosscutting issues (i.e. the means ) that may act as constraints to achieving the environmental goals as framed and articulated by the Conventions. National priority issues for Guyana have been identified by synthesising information from a number of sources, namely: NCSA thematic reports; NCSA cross-cutting issues questionnaire responses; interviews with key stakeholders; the focus group stakeholder workshop; national policies, plans and statements; and relevant international plans and strategies. Priority issues identified by organisations From the responses to the questionnaires, it is possible to prioritise the cross-cutting issues from the perspective of the individual organisations (see Table below). Additional inputs on national priorities were provided by the deliberations of the focus group stakeholder workshop. At that forum, the provisional list of priorities was discussed and refined. It emerged that the prioritisation of issues was generally a fair reflection of reality, though inter-agency collaboration and coordination, human resources, funding, community-based activities, sustainable energy and poverty reduction were cross-cutting issues that should be given a higher priority. In addition, climate-change, sustainable use of natural resources and integrated freshwater management were identified as high priority environmental aspects. Page 8 of 113

9 Prioritisation of cross-cutting issues from the perspective of organisations (single check indicates that the organisation addresses the issue; boxed check indicates that the organisation considered the issue high priority; score is number of organisations that checked the issue plus 0.5 for each that identified it as a priority). Grey shade illustrates three nominal priority classes. CROSS-CUTTING ISSUE Hydromet GFC GEA GL&SC GGMC GUYSUCO EPA CH&PA CI Score Information gathering, management, storage and exchange 10.0 Monitoring 10.0 Training and education 9.5 Land use and planning 9.0 Research 7.5 Public awareness and participation 7.5 Development and enforcement of policy and laws 7.5 Poverty reduction 6.5 Sub-regional and regional international cooperation 6.0 Traditional knowledge 5.5 Integrated ecosystems, plant conservation and protected areas 5.0 Technology development and transfer 4.5 Community-based natural resource management 4.0 Sustainable use of natural resources 4.0 Institutional/Organisational mandates, structures and frameworks 2.0 Development of renewable energy resources 1.5 National and international funding 2.0 Economic, trade and incentives systems and instruments 1.0 Liability and redress 1.0 Page 9 of 113

10 Summary of Guyana s Priority Environmental and Cross-cutting Issues Environmental priorities: In situ and ex situ conservation of biodiversity Translation of knowledge and awareness of biodiversity issues into responsible actions at the individual and collective levels Development of methods, incentive measures, criteria and indicators for the sustainable use of biodiversity and natural resources (including energy) Integrated freshwater management Preparation and update of GHG inventory Adaptation of sector plans for the coastal zone Mitigation plans for energy and other sectors activities Planned response to impacts of climate change effects Assessment of the current land uses and practices and factors contributing to land degradation Forecasting and early warning systems for droughts and floods Cross-cutting priorities: Human resources Inter-agency collaboration and coordination Information gathering, management, storage and exchange National and international funding Land use and planning Integrated ecosystems, plant conservation and protected areas management Community-based natural resource management Monitoring Training and education Research Public awareness and participation Development and enforcement of policy and laws Poverty reduction Liability and redress Economic, trade and incentive systems and instruments Sub-regional and regional international cooperation Traditional knowledge Technology development and transfer Page 10 of 113

11 Existing Framework in Guyana that Provides the Basis for Actions to Fulfil the Requirements of the Conventions Legal and Regulatory There is no single law in Guyana which has been promulgated to advance the cross-cutting issues of the Conventions, though many of the laws have an impact on the cross-cutting issues which have been identified both specifically and generally. The legal and regulatory framework provides a limited and not clearly defined or coherent foundation for the implementation of the mandates which cut across the Conventions. For each cross-cutting issue identified, it is possible to find a law or regulation which regulates some aspect of that particular issue. There are, however, severe limitations in these laws. In some situations, one identifies a single law that is limited to a particular Convention and, in other instances, the basis of addressing the cross-cutting issue has to be found in the Constitution of Guyana. In further instances, there is a regulatory or rule-making power which can be utilised to realise the cross-cutting issues of the Conventions. An examination of the spectrum of laws reveals that the ENVIRONMENTAL PROTECTION ACT, 1996, the IWOKRAMA INTERNATIONAL CENTRE FOR RAIN FOREST CONSERVATION AND DEVELOPMENT ACT and the AMERINDIAN ACT No.6 of 2006 emerge as the legislations which provide a basis for working across the Conventions. The overall impact of a cross-cutting analysis demonstrates the need for a wider legislative base and a streamlining of these laws. The coordinating role of the Environmental Protection Agency will be critical in realising the nature of cross-cutting objectives. Section 4(1)(l) of the ENVIRONMENTAL PROTECTION ACT, identifies the agency as playing a (l) coordinating role in the preparation and implementation of cross-sectoral programmes of environmental contents. The overall opportunity for linkages within the current legal and regulatory framework lies in the Regulation making power of the EPA and the rule-making power vested in Amerindian Village Councils. This opportunity can be realised by integrating cross-cutting issues within the regulations which are to be passed by the EPA. Further, a participatory period leading up to the drafting of the regulations will ensure that the regulations are informed by the views of all the relevant stakeholders. An example would be the streamlining of mining environmental regulations with environmental regulations developed by the EPA. Another useful linkage can be through a strong collaborative relationship between the EPA, and other stakeholders regulation-making structure, with that of the Amerindian Village Councils. The effect should be to add both knowledge and capacity to the critical rule-making power of the Amerindian Village Councils. As illustrated in Annex C, there are many laws in Guyana which cover the Conventions; however, there are not many Laws which facilitate a legal and regulatory regime across all of the Conventions. It follows that the legal and regulatory framework possesses some gaps in the overall Convention coverage. These are examined with respect to specific cross-cutting issues which impact directly on the legal and regulatory framework. The general observations which are reflected in the legal and regulatory framework are the need to review and if necessary amend, or repeal out-dated laws. It is also acknowledged that there is a need to enact new laws to address issues which have emerged as a result of the signing of the Conventions. The important legal and regulatory cross-cutting issues are: Development and enforcement of policy and laws Page 11 of 113

12 Monitoring Liability and redress Integrated ecosystems, plant conservation and protected areas management Land-use and planning Policy There is no single policy document in Guyana which substantiates the requirements of the three Conventions in Guyana. The policy landscape is made up of two main and broad policy documents (the National Development Strategy and the Poverty Reduction Strategy Paper) and a number of action plans, which when reviewed and compiled provide some foundation for the realisation of the Conventions goals (see Table below). The main anchor on which many of the environmental policy rests in Guyana is the sustainable use of the environment. Interface between existing national policies and Conventions UNCBD UNCCD UNFCCC The National Strategy for the Conservation and Sustainable use of Guyana s Biological Diversity Y National Biodiversity Action Plan Y Y National Environmental Action Plan Y Y Y National Forestry Action Plan Y National Forest Plan Y Y Fisheries Management and Development Plan National Mangrove Action Plan and the draft code for utilization of Mangroves Y Y Y Integrated Coastal Zone Management Plan Y Y Guyana Integrated Natural Resources Management System National Development Strategy Y Y Poverty Reduction Strategy Paper Y Y Climate Change Plan Y Y National Ecotourism Development Plan Y Guyana Sustainable Development and Health Project Y As the implementation of the Conventions in Guyana is given priority, outdated policy instruments will have to be revised and revisited to ensure that they reflect policy issues related to the Conventions. The Page 12 of 113

13 decision will have to be made on the most effective and efficient manner of integrating whether through a new instrument which updates and revises all other documents or whether through revisions of the main policy instruments. At the same time, as new policy instruments are developed, these can integrate the cross-cutting Convention concerns. These instruments include the Land Use Policy and the National Water Use Policy. Two national policy instruments should be considered. These are the National Development Strategy and the Poverty Reduction Strategy Paper. In their scope of coverage, these instruments provide a matrix of policy issues on which environmental considerations can be based. Convention objectives are, however, not easily identified as a single focused instrument. Institutional A constitutional mandate and duty is cast on the State to create the institutions, structures and frameworks necessary for the implementation of the Conventions. As the legal and regulatory framework suggests, there are several institutions which will be relevant to the implementation of the objectives of the Conventions. The list of stakeholders prepared as part of this process supports this conclusion. The institutional framework through which Guyana s commitments to the Conventions will be enacted was illustrated with some of the responses to the questionnaires. Institutions (or organisations) indicated what their overall mandate was, what national policy instruments guided them, how the aims, objectives and provisions of the Conventions informed their strategies and priorities and what their specific responsibilities were (as each organisation perceived them) towards fulfilling Guyana s obligations to the Conventions. The mandates of institutions are, perhaps not surprisingly, rather sector-focused so that, for example, GGMC is charged with promoting interest in mining and developing mining potential; GLSC manages public lands and formulates land-use policy and plans; GFC is responsible for the administration and management of all State Forest land, and so on. Of the state agencies, only the EPA has a clearly stated responsibility across sectors with the environmental thread linking the activities of all the other stakeholder organisations. Some institutions are steered by specific policy instruments (such as the National Energy Policy or the National Forest Policy) though most are guided by a range of broader policies that include the NDS, PRSP, NBAP and NEAP. In general, however, the specific aims, objectives and provisions of the Conventions do not directly influence the strategies and policies of stakeholder organisations (though CIG does support the GoG in achieving specific goals particularly related to protected area establishment and management). As a consequence, apart from the identified national focal points (EPA for UNCBD, GLSC for UNCCD and Hydromet for UNFCCC), institutions do not identify specific responsibilities that they have towards directly fulfilling Guyana s obligations to the Conventions. While, on the positive side, several stakeholder organisations are involved in environmental activities that may incidentally contribute to Convention goals, the lack of clear mandates and responsibilities hampers a coordinated and synergistic strategic response to the Conventions. Further, the critical role of the EPA, under the current framework, in undertaking specific activities, as well as in coordination and guidance, is emphasised. The critical need, therefore, emerges to streamline key institutions to ensure the optimal use of limited resources. The framework to address these will be examined in the section of this report which deals with institutions synergies. Page 13 of 113

14 Cross-cutting capacity constraints and opportunities for synergies Description of Key Capacity Constraints Detailed data on capacity constraints at the Convention level have been provided in the thematic reports. Here, the focus has been on identifying cross-cutting capacity constraints that are applicable to all three Conventions and which are commonly felt by key stakeholder organisations. Capacity constraints were investigated through the interactions with stakeholders through questionnaire responses, interviews and the focus group workshop. The table below summarises capacity constraints/deficiencies among the nine questionnaire-respondent stakeholders. Capacity Constraints/Deficiencies experienced across the thematic areas by key stakeholder organisations. (Legend: H High; M Medium; L Low. Count is number of institutions and Total Score is the total after allocation to each capacity constraint of 1 point for low, 2 for medium and 3 for high according to stakeholders responses). Constraints/Deficiencies H M L Total Score Lack of skilled manpower Inadequate financial resources Inadequate capacity to execute coordinated actions Barriers faced at systemic level during project implementation Lack of clarity on Convention specific requirements Inadequacies in legal and regulatory mechanisms Inadequate network with stakeholders Barriers faced at institutional level during project implementation 4 4 Clearly, the two most serious constraints faced were lack of skilled manpower and inadequate financial resources (which when combined can exacerbate an inadequate capacity to execute coordinated actions). The issue of skilled manpower was raised repeatedly and is a rather complex issue. In many cases the constraint is not so much in recruiting skilled manpower, as there is a relatively good pool of trained young persons in the country, but a problem of retention of key staff. This is linked to a range of causal factors that includes high rates of emigration, relatively low salaries, the perception that some organisations are slow to adopt new ideas and procedures and the feeling that opportunities for career development and advancement in the public sector, especially, are comparatively few. The net result is a generally rapid turnover of employees leading to a stratum of rather young and inexperienced professional staff with a short institutional memory. Barriers at the systemic level were felt by some to hinder their Convention-related activities which were related in a general sense to regulatory and policy frameworks but were also linked to the coordination at a national level of Convention activities and the sub-optimal recognition and capitalisation of potential synergies. Few specific capacity-building exercises directed to addressing Convention activities had been undertaken, though some training in environmental and planning fields had been conducted by most stakeholders. Page 14 of 113

15 Competencies required by stakeholders in order to discharge their current responsibilities ranged from the general (such as land-use planning, environmental management, resource evaluation, IT skills, project management and community participation) to the specific (such as water quality monitoring, soil management, ecosystem health measurement and reclamation of disturbed sites). In most cases, it was felt that not all competencies required were fully established in respective organisations. Furthermore, even existing competencies were not effectively directed towards Convention activities, though it was felt that with adequate resources and guidance, this could be relatively easily achieved. Synergies In the context of the Conventions, synergy has been defined and used in the following context: a combined effect... that exceeds the sum of individual effects For a developing country like Guyana with limited capacity and resources, synergy must be seen as an important priority in fulfilling its obligations under the Conventions and achieving the goals associated with sustainable development. Further, synergy is a useful concept in addressing the cross-cutting issues which have been identified. Synergy can be explored 1 at different levels when addressing cross-cutting issues: Synergy in general the decisions and recommendations which have been taken at the international level to promote and advance synergy. Textual synergy this is synergy among the texts of the Conventions. Issue-specific synergy synergies which have been suggested with respect to the cross-cutting issues identified. Opportunities for synergy There are a number of opportunities for promoting synergy among the activities addressing Convention obligations. These operate at the community, national, sub-regional and international levels. At the national levels, several factors affect synergy and present challenges which must be overcome. These include institutional requirements and structures, capacity requirements, national planning requirements and information and reporting requirements. The elements of each of these areas are examined in an effort to highlight the opportunities and tools which may best assist Guyana. At the international level, these include: encouraging collaboration among national focal points as a key to fostering synergy at the national level through formal networks; collaboration at the level of the Convention bodies and secretariats to promote policy coherence, enhance the provision of technical expertise and to enhance cooperation in achieving complementary objectives; capacity-building at the national level, as one of the essential elements for implementation; technology transfer at both the secretariat and national levels through sharing of experiences, information, and identification of technologies of joint interest and relevance; and research and monitoring, including sharing of data. 1 Annex D contains a detailed introduction to the approaches and provisions of the conventions which support general, textual and issue specific synergy. Page 15 of 113

16 Institutional requirements and structures The important lessons which emerge under this head are the following: Institutional structures must be goal oriented and goal specific. National Priorities must be supported by the institutional arrangements. Specific activities, such as the following, promote synergy among institutions: awareness raising education public participation research training data gathering and inventories The enabling environment, including appropriate framework legislation, delegation of authority, and leadership at the highest levels. Institutional options for implementation at the national level include: Cross-cutting national committee with a policy-making function. It will comprise all relevant government departments and other relevant stakeholders. Separate institutions with a coordinating mechanism. The present legislative structure of the EPA may meet this requirement. A single institution responsible for all instruments. In Guyana, it will be necessary to adjust legislative instruments which currently place respective Convention responsibilities with different agencies. Due to the importance of information flows, it will also be necessary to ensure adequate human capacity and institutional structures at the Regional and Community Levels. This may involve Regional Administrations and Amerindian Village Councils. The Councils are an important institution having regard to the scope of functions conferred by the Amerindian Act. Support at the community level must be premised on adequate resources both human and financial as well as legislative authority. Institutional linkages currently emerging in Guyana cover many areas of collaboration and/or cooperation and mostly these were described by the organisations themselves as highly or moderately effective. Nevertheless, there were some specific areas of poor interaction which were often the result of unclear or overlapping mandates and regulations. The need for a review of this with a view to harmonisation is thus emphasised. In addition, most linkages were not formalised (with the exception of an NGO that was party to several MoUs) which can limit the impact of synergies on the ground. Capacity building This is an important objective of the NCSA project and should include relevant partners and stakeholders. This will ensure effectiveness in the participation in policies, plans and processes by which they are affected. One of the first steps which must be undertaken is an assessment of the Guyana s existing capacities to execute the requirements of the Conventions. This assessment could be guided by relevant indicators Page 16 of 113

17 which will determine, inter alia, the level of knowledge of the Conventions as well as responsibilities among different parties. Experience suggests and Guyana has not varied from these experiences that insufficient capacity exists to conduct activities related to: inventories, monitoring, and systematic observation; planning, policy development, and reform of legal frameworks; impact assessment and research, including participatory assessment; information and data management, including reporting; and education, training and public awareness. The capacities which are needed for the implementation of the Conventions tend to be in the areas of Human Resources, Infrastructure development and Coordination and Cooperation. Action Plan Framework Preamble This Action Plan is developed as an integral part of the NCSA process. It is intended to provide a basis for action on the cross-cutting priority actions identified in the analysis above. It is anticipated that its implementation and execution will lead to improvements in the management of cross-cutting issues in general and therefore an overall improvement in progress towards accomplishing priority environmental targets. At this stage, no attempt has been made to make direct individual connections between cross-cutting issues and environmental priorities. This is not to deny linkages, or the what for of the capacity building actions identified; on the contrary, it is intended that by tackling cross-cutting issues successfully, several specific environmental priorities will consequently be able to be more effectively addressed. Therefore, the fundamental objective of the action plan is to improve Guyana s overall standard of environmental management in general and its meeting of Convention objectives specifically. It must be noted that any cross-cutting action plan must take into consideration the plans which already exist within individual relevant sectors; in other words, that the plan should be synergised and harmonised with existing action plans. This will provide the best opportunity to utilise resources, avoid duplication of action as well as provide opportunities to streamline the cross-cutting action plan. The action plan is also intended to be a vehicle to mobilise support for the issues covered under the Conventions at national, regional and international levels. It is to provide the basis for action on Convention issues among all stakeholders and, in particular, to secure the highest political commitment for its implementation and execution. The final plan is prefaced by some recommendations of action towards addressing some of the fundamental cross-cutting issues such as institutions, infrastructure, planning, funding and implementation. This is then followed by two matrices identifying specific actions for the identified cross-cutting priority issues. The first addresses those issues that are considered the highest priority and for which immediate action is required. The second provides recommended actions for each of the remaining priority actions which should be implemented in the medium- to long-term. For each action point, key organisations (termed strategic stakeholders) are identified which include, but are not restricted to, responsible and implementing agencies. Page 17 of 113

18 Action Plan Action on specific cross-cutting priority issues short-term priorities Priority Issue Action Point Strategic Stakeholders Human Resources 1. Review curricula of relevant subjects and courses at UG, GSA and schools EPA, MoE, CI 2. Conduct a skills needs assessment for Convention activities across key agencies to identify requirements and gaps EPA, Hydromet, GLSC, GFC, GGMC, MoH, CI 3. Investigate the causes of rapid turnover of key staff in agencies and make recommendations of incentives and other improvements to enhance staff retention EPA, MoL Inter-agency collaboration and coordination 4. Improve the availability and use of relevant technology across all relevant organisations 1. Ensure that Convention items are on the agenda of the NREAC and that all relevant Agencies and Ministries are represented in discussions 2. Promote awareness-building among organisations of Convention obligations, responsibilities and activities All All EPA, Hydromet, GLSC, GFC, GGMC, MoH, CI Information gathering, management, storage and exchange 3. Harmonise work plans among relevant organisations and create better enabling environments for collaboration and synergies 1. Analyse data and information needs across Conventions (especially high priority areas for Guyana including GHG inventory, water management, response to climate change) 2. Develop protocols for information gathering, sharing and promote user friendly data EPA, Hydromet, GLSC, GFC, GGMC EPA EPA, Hydromet, GLSC, GFC, GGMC 3. Investigate the possibility of establishing a Convention(s) clearing house in Guyana (based on existing Convention mechanisms elsewhere) EPA 4. Develop TORs for a clearing house and establish funding and support mechanisms EPA, GLSC, Hydromet 5. Establish an interim web-based information storage and sharing mechanism EPA Page 18 of 113

19 Priority Issue Action Point Strategic Stakeholders National and international funding 2 1. Ensure that poverty issues are central to all project proposals for international funding All 2. Investigate means of providing incentives for compliance with Conventions EPA 3. Include negotiation and business skills in delegations representing Guyana at international meetings (e.g. COP) EPA, MoFA 4. Improve portfolio of national project development and applications under the guidance of a central authority/secretariat EPA, MoFA 5. Establish and develop a National Environmental Trust Fund EPA, CI, WWF 2 Due to its particular importance, it is recognised that National and International Funding needs to be addressed in the medium- to long-term as well as the short-term. Page 19 of 113

20 Action on specific cross-cutting priority issues medium- to long-term priorities Priority Issue Action Point Strategic Stakeholders Poverty reduction/community-based activities 1. Review the interface between poverty and environmental change particularly land degradation, climate change and biodiversity 2. Integrate environmental issues further in the PRSP of Guyana and ensure that poverty reduction strategies are convergent with Convention obligations All All 3. Investigate livelihood options and income-generating activities that are appropriate and environmentally sustainable EPA, MoAA, Amerindian NGOs, MTTC 4. Review opportunities for community-based activities and actions to contribute to Convention obligations EPA, MoAA, Amerindian NGOs 5. Review relevance of developing access and benefit-sharing legislation and community-based by-laws MoLA, EPA Training and education (human resource and capacity building) 6. Review the impact of disasters on poverty and communities and make recommendations for reduction and mitigation actions 1. Strengthen relevant institutions with a detailed programme of activities to address individual and institutional constraints 2. Increase training among sector agencies and national focal points CDC All EPA, Hydromet, GLSC, GFC, GGMC 3. Source funding for activities and initiatives EPA, MoF 4. Review of job descriptions, pay packages and other entitlements of employees All 5. Continue strengthening and support for the EPA and other agencies All 6. Develop knowledge and capacity of Amerindian Village Councils and communities MoAA, Amerindian NGOs Public awareness and participation 1. Develop a detailed and integrated programme of public awareness EPA, GLSC, Hydromet 2. Disseminate reports publicly regarding the state of the environment in Guyana and impacts of development EPA Page 20 of 113

21 Priority Issue Action Point Strategic Stakeholders 3. Increase linkages with the private sector, media and NGOs to increase education and awareness efforts All 4. Introduce and continue student awareness and youth environmental participation initiatives EPA, MoE 5. Develop a strong public awareness campaign to inform all relevant stakeholders of Convention obligations EPA, GLSC, Hydromet 6. Incorporate environmental studies into the curricula of schools and the University of Guyana UG, MoE 7. Train trainers to deliver environment-related courses and information EPA, UG Research 1. Develop a comprehensive and cross-cutting schedule of research 2. Implement studies and assessments of the impact of activities that affect Convention related areas (including ex situ conservation, criteria and indicators for sustainable use of biodiversity, land degradation, freshwater management) UG, NARI, CARDI, IICA, IAST, GFC, CIG, WWF EPA, NARI, IAST 3. Share and coordinate research among relevant agencies and stakeholders All Development of law and policy 1. Review and upgrade critical legislation including the EPA Act and the Iwokrama Act 2. Coordinate and compile all laws which potentially allow for the creation and may govern protected areas MoLA MoLA, GLSC, EPA 3. Implement new legislation and or regulations regarding protected areas MoLA 4. Develop, if feasible, codes of practice for stakeholders All 5. Revise and improve intellectual property laws with emphasis on traditional knowledge and technology transfer MoLA 6. Review and explore the scope of rule-making contained in the Amerindian Act MoLA, MoAA, Amerindian NGOs Page 21 of 113

22 Priority Issue Action Point Strategic Stakeholders 7. Develop appropriate rules and guidelines for activities in Amerindian Communities MoAA, Amerindian NGOs 8. Develop and implement new regulations under the EPA Act EPA, MoLA 9. Consolidate and harmonise land use laws so as to avoid jurisdictional conflicts All 10. Include environmental concern in trade policy discussions MFTIC, MoFA 11. Develop agreements and other instruments to increase joint stakeholder participation All 12. Coordinate a cohesive system to address liability and provide for redress MoHA, EPA Monitoring 1. Increase collaboration among monitoring agencies All 2. Increase use of relevant technology in exercise of monitoring activities EPA, Hydromet, IAST 3. Develop relevant sector indicators and tools EPA, GLSC, GGMC, GFC Integrated ecosystems, plant conservation and protected areas management 1. Coordinate national efforts to identify priority conservation landscapes EPA, WWF, CIG 2. Investigate potential for ex-situ conservation of endangered plants EPA, NARI, GFC 3. Promote collaborative management initiatives for existing and potential protected areas Land use and planning 1. Increase formal collaboration among regulatory agencies EPA, MoAA, GMTCS, WWF, CIG, Amerindian NGOs OPM, GLSC, GGMC, GFC, MoA, CH&PA 2. Extend pilot integrated land-use plans into other Regions GLSC Page 22 of 113

23 Priority Issue Action Point Strategic Stakeholders Sub-regional and regional international cooperation 3. Finalise a National Land Use Policy and Development of a National Land Use Plan, taking into account, inter alia, in situ conservation opportunities and freshwater management 4. Undertake a comprehensive assessment of current land use practices and factors contributing to degradation GLSC, GFC, GGMC 1. Develop forum for exchange of experiences in implementation of Conventions EPA, WWF 2. Review role of CARICOM in supporting environmental policy development and facilitating cooperation Traditional knowledge 1. Research the role of traditional knowledge in environmental management and conservation 2. Make provision for traditional knowledge to be included in protected area planning and management GLSC, GFC, GGMC, UG EPA, CARICOM, MoFA EPA, UG, MoAA, Amerindian NGOs EPA, Iwokrama, CIG, WWF Technology development and transfer 3. Develop means for traditional knowledge to be recognised and rewarded in prevention of land degradation and biodiversity conservation 1. Develop strategy for use of appropriate technology in land and resource management 2. Seek viable sources of funding and support for technological development MoAA, Amerindian NGOs EPA, MoA, Hydromet, UG, IAST, GLSC MoF, OP, WWF, GOINVEST 3. Provide mechanisms for appropriate support at the national and local level for technology transfer and use RDCs, IAST, NARI Page 23 of 113

24 Monitoring and Evaluation The monitoring process will involve interaction among all components and activities and will be consistent with the planning and evaluation processes. It is also a process of continuous observation, supervision, revision and documentation of activities in relation to its context, objectives, expected results and the resources allocated. Finally, it will support the decision-making process, while advising on problems and deviations from objectives and expected results, as well as for taking advantage of opportunities not anticipated in the original plan. There are three (3) types of evaluation to be used. These are classified as ex-ante, on-going and ex-post. Ex-ante evaluation is used in the decision-making process in order to choose the best option or project from among several options. Ex-ante evaluations of projects should be carried out to establish which ones have the greatest chance of success. Ex-ante evaluation is recognised in supporting the planning process and helping to identify low-cost, priority alternatives for allocating resources; assessing the importance of projects and the soundness of proposed methodologies; and avoiding duplications. On-going evaluation, or supervision, generally centres on the implementation process and is related to the following activities: ensuring objectives and methodologies are still valid; reviewing the efficiency of the process, or checking that results agree with plans; determining the adequacy of inputs; calculating the probability of success; giving the feedback required to apply corrective or complementary measures that improve the project s development; and encouraging communication and co-ordination among implementing units. Ex-post evaluation checks whether the new knowledge and technologies produced correspond to initiallyestablished goals or present needs. It constitutes a critical analysis of achievements and results in relation to proposed objectives, basic assumptions and strategies, and the use of resources. Ex-post evaluation is a process by which the things that have been proposed can be compared to what has really been achieved. It also identifies the reasons for satisfactory or unsatisfactory results. Ex-post evaluation also produces results and pertinent lessons for future or on-going activities, and these should provide feedback for the system and become useful indicators for the ex-ante evaluation. Page 24 of 113

25 2 Introduction and Background 2.1 Objectives Expected outcomes of the assessment 1. This phase of the NCSA project and the concluding report have been guided, inter alia, by the following expected outcomes: Clearly identified national environmental and cross-cutting priorities covering the three Convention thematic areas Identified linkages in the legal and regulatory and institutional and policy frameworks and other priority cross-cutting issues, among the three thematic areas Identified cross-cutting capacity issues and constraints and opportunities for synergies in response to national priorities Recommended actions for synergistic capacity development in the form of a prioritised Action Plan Report structure 2. The structure of this report has been adopted in an attempt to maximise clarity and provide a logical progression that addresses the expected outcomes as stated above. Therefore, following the section on background and methodology, the report deals with Guyana s priority environmental and cross-cutting issues, provides an overview of the relevant frameworks that constitutes the basis for actions, identifies the key capacity issues faced by stakeholder organisations in fulfillment of the Convention mandates and discusses opportunities for synergies in Guyana s response to its obligations. The outputs from these various analyses then provide the basis for an action plan that provides specific recommendations for critical short-term remedial activities as well as a comprehensive list of action points to be pursued over the medium- to long-term to address the specific priority cross-cutting issues. 2.2 Rationale and Context of the NCSA International perspective 3. In the 1990s, the international community reached unprecedented agreements on the need to protect the global environment. Most notable among these were the three global Conventions to address climate change, biodiversity and desertification/land degradation: United Nations Convention on Biological Diversity (UNCBD) United Nations Convention to Combat Desertification (UNCCD) United Nations Framework Convention on Climate Change (UNFCCC) 4. If implemented effectively, these treaties should contribute significantly to achieving the goals of sustainable development and conservation of the planet s natural resources for future generations. Despite their good-faith participation in Convention processes, many parties to these agreements have somewhat limited capacity to fully implement the Conventions and to benefit from involvement in them. Recognising this constraint, the Global Environment Facility (GEF) has made funds available to Page 25 of 113

26 participating countries to support capacity development for global environmental management. The GEF has financed capacity-building through a number of Enabling Activities related to the thematic areas of biodiversity, climate change and land degradation, as well as indirectly through capacity building components of many of its projects. 5. In the late 1990s, the GEF Council, recognising the increasing importance of assisting developing countries to increase their capacity to participate in global environmental management, launched the Capacity Development Initiative (CDI). The goal of this partnership between the GEF Secretariat and the UNDP was to assess common capacity needs among countries and design a strategy to meet them. The CDI involved extensive consultations with partner countries, GEF and its Implementing Agencies; Secretariats of the Conventions on Biological Diversity, Climate Change, and Desertification/Land Degradation; other multi and bilateral organisations; and non-governmental organisations. 6. As a first step in implementing the CDI recommendations, the GEF Council approved funding for countries wishing to undertake national self-assessments of capacity building needs. The purpose was to support a country-driven consultative process of analysis and planning that would determine national priorities and needs for capacity development to protect the global environment. 7. More than 150 developing countries and economies in transition are engaged in the NCSA programme. Each is assessing its needs and planning for capacity development towards improved management of environmental issues and sustainable development Principles for NCSAs 8. Guyana has been participating in the NCSA process and in doing so has been guided by the following principles: 3 Ensuring that the NCSA is nationally owned and led, with high level political commitment, and using national or regional experts where possible Using existing coordinating structures and mechanisms, such as national committees involved with MEAs or national environmental plans Building on past capacity development work, including GEF-supported enabling activities, national reporting to Conventions and non-gef initiatives Paying due attention to the provisions and decisions of the three Conventions, especially those related to capacity development Ensuring multi-stakeholder participation, consultation and decision-making Adopting a holistic approach to capacity development that addresses capacity needs at the systemic, institutional and individual levels, and integrates capacity development into wider sustainable development efforts Adopting a long-term approach to capacity development as part of national and global sustainable development initiatives (e.g., integrate with other Multilateral Environmental Agreements; Millennium Development Goals; and national development priorities, such as poverty alleviation, economic transition and sectoral strategies) Focussing on issues that are cross-cutting for the three Conventions, with the aim of strengthening synergies in implementing these Conventions Paying particular attention to capacity needs at the systemic level, since they are often neglected by initiatives that focus on individual and institutional or organisational capacity 3 GEF, Operational Guidelines (for NCSAs) Page 26 of 113

27 9. At a meeting held in Santiago, Chile, where 15 Latin American countries (not including Guyana) participated in the 2006 Regional NCSA Workshop with the UNDP-UNEP-GEF Global Support Programme for capacity assessment and development, some key lessons learnt by countries involved in the NCSA process were identified. They are worth adumbrating here as they have provided guidance to Guyana s NCSA activities and reporting. 10. The first lesson is the importance of determining the country's environmental management issues that are to be addressed through capacity development actions. This can be done using the results of other Enabling Activities in concert with the NCSA. Thus the NCSA needs to confirm, for example, the priority biodiversity management issues identified by the country's NBAP, and the priority issues for adaptation management identified in the National Communications to the UNFCCC. Once the country's set of priority environmental management issues has been confirmed, the NCSA can be used to analyse the organizational and systemic capacity weaknesses that cause or contribute to the environmental issues; and then to plan a package of clearly-targeted capacity development actions. The significance of this lesson is two-fold: first, the NCSA is not concerned with building capacity for capacity's sake, but for strengthening a country's capabilities to manage global and national environmental issues. Second, follow-up capacity development actions can only be designed properly by knowing clearly 'what for': what is the substantive environmental objective to be achieved by the action? 11. The second, related, lesson is that it is more beneficial to use the results of previous EAs to identify the country's environmental issues, rather than repeating their analysis of the MEAs. The reason is that the MEAs do not provide guidance to countries on the substantive issues that prevail in each country; the major part of the guidance from Conventions concerns operational issues for Parties, rather than substantive environmental issues. 12. The third lesson is the need to critically analyse the root causes of the country's capacity constraints. It is not enough for an NCSA to note that the country does not perform well in meeting an MEA obligation, such as efficient reporting to the CoP or preparing a plan of action. There is a need to analyse critically what contributes to these weaknesses in the country's system of environmental governance. In order to address the range of prevailing environmental management issues, the responsible institutions in a country need to have a combination of capacities - in stakeholder engagement, knowledge, planning, decision-making and implementation of actions. The task of the NCSA is to diagnose these capacity weaknesses and propose a package of strengthening actions. The NCSA is an opportunity for countries to critically determine how best to strengthen their "enabling environments" so as to address environmental issues and contribute to global environmental benefits. 13. The fourth lesson is that the NCSA must prepare a strategy and action plan that will develop the capacities of the lead agencies to tackle the targeted environmental issues. It is important for the NCSA to prepare a well-crafted Action Plan and an effective implementation strategy. A useful approach is to design a package of capacity development actions for the agency with the lead role in addressing the priority environmental issue being targeted Guyana s perspective 14. Guyana ratified the UNCBD on 29 August 1994, the UNFCCC on 29 August 1994 and the UNCCD on 26 June The Government of Guyana (GoG) is committed to pursuing development in a sustainable manner, and various coordinating bodies are in place to achieve this goal. In addition, the responsibilities for environment and natural resources management have been dispersed among a number of agencies, including the Environmental Protection Agency, the Ministry of Agriculture, Guyana Geology and Mines Commission, Guyana Forestry Commission, Wildlife Division, Guyana Lands and Surveys Commission and the Guyana Energy Agency, among others. Page 27 of 113

28 16. Some of the challenges Guyana faces in meeting the obligations of the Conventions include: limited over-arching statutory power to effectively carry out mandates; inadequate institutional capacity of the sector agencies to meet Guyana s obligations under the Conventions; limited human resources for environmental and natural resources management; and differing priorities of various development Agencies. As such, implementation of the respective national commitments and obligations of the three Conventions in the country has been fragmented, sector-based and to some extent uncoordinated which has resulted in suboptimal impact. 17. Recognising the challenges in meeting these international commitments, the EPA, on behalf of the Government of Guyana, has entered into an agreement with the UNDP-GEF for the funding of the NCSA Project. 18. The overall objective of the NCSA project is to identify and characterise critical capacity constraints relevant to effective environmental management in Guyana, and to develop a plan of action to address these constraints, in a coordinated manner to fulfill its obligations under the three Conventions. This will be accomplished through several activities which will identify and confirm priority capacity issues for action within the thematic areas of biodiversity, climate change, desertification, and related international instruments. In addition, the project is exploring capacity needs within and across the three thematic areas and elaborating a national strategy and action plan that outlines capacity building priorities and specific opportunities relevant to global environmental commitments. 19. The NCSA Project allows Guyana to thoroughly self-assess and strategically analyse its current national capacity enhancement needs and priorities so that global and national environmental management objectives can be met. This self assessment and analysis is being done through a participatory process that involves wide-ranging stakeholder consultations and is being conducted in a phased process that includes a stock-taking exercise, thematic assessments, and identification and prioritisation of cross-cutting capacity issues in relation to the Conventions. This will result in the preparation of a final NCSA report and a National Strategy and Action Plan. 20. The objective of this cross-cutting capacity issues phase of the NCSA is to provide a capacity assessment of the legal and regulatory framework, the institutional and policy framework and other crosscutting issues, common to the three thematic areas of biodiversity, climate change and desertification. It places emphasis on cross-cutting capacity strengths, constraints and needs, as well as opportunities for linkages and synergies to provide a more efficient legal mechanism and supporting environment for the realisation of cross-cutting and environmental priorities. In addition, it seeks to identify issues that cut across both global and national environmental management, as practised in Guyana, and recommends ways of harmonising the laws, regulations, policies and institutional responsibilities to provide a more efficient mechanism in relation to major environmental issues that are of national and global importance. 21. As part of the process, a review has been undertaken of the national environmental priorities as expressed in national and international environmental and natural resources strategies and plans (such as the National Development Strategy, the Poverty Reduction Strategy Paper, the National Environmental Action Plan, the National Biodiversity Action Plan, the National Communication for Climate Change, National Reports to the UNCCD, Millennium Development Goals, Mauritius Strategy for Implementation). Perceived priorities from key stakeholders were identified through direct contact with them and from reviews of earlier phases of the NCSA project. 22. Finally, this assessment has been mindful that priority environmental issues addressed in each GEF Enabling Activity, related assessments and the NCSA thematic and cross-cutting assessments are of Page 28 of 113

29 central importance as they are the main conduit to link national environmental challenges or opportunities with global agreements and ultimately global environmental benefits the GEF wants countries to contribute to. 23. Key here, and throughout the whole NCSA, is to distinguish between environmental issues, operational issues and capacity issues/gaps and needs underlying these issues. A confirmation of environmental issues already addressed in earlier EAs not only eases a comparative and cross-cutting analysis of common capacity needs, but also allows a determination of priority capacity needs that are not necessarily cross-cutting but of central importance to Guyana. 24. The crucial point is that an identification of priority cross-cutting issues is, for the purposes here, an operative tool, to serve an end and not an end in itself. It is difficult to determine the need for the tool unless the environmental issue and its underlying capacity gap(s) are properly analysed which can then lead to the actions and tools needed to address the challenge. Tools and approaches cannot be properly designed or implemented (nor be evaluated subsequently whether the intervention was appropriate) unless their ends are understood, including the substantive (i.e. environmental) objective. With the link to one or more concrete and substantive objectives, a set of capacity development activities becomes tangible, implementable, is linked to one or more MEAs and, probably equally important in the national context, sellable to decision-makers and politicians, stakeholders and donors. 25. The linkages between the thematic areas provide important opportunities. Through a greater understanding of the commonalities and overlaps between the Conventions from a national perspective, a coordinated and harmonised implementation approach at the local, national and international levels can be facilitated, where feasible. Such an approach may reduce costs, relieve the burden of multiple reporting, and in general can be expected to produce greater effectiveness and efficiency Guyana's priority obligations under the Conventions 26. Of the requirements stated in the Articles of the various Conventions (see Annex B), the following have been identified as the priority obligations that Guyana, as a signatory, is committed to 4 : UNFCCC Establish national inventories of sources of greenhouse gas emissions and removals by sinks (e.g. carbon storage in forests) Implement national and participate in regional programmes to adapt to climate change (reduce its impacts) Cooperate in the development and transfer of technology Enhance sinks and reservoirs of greenhouse gases Take climate change into account in social, economic and environmental policies and actions Co-operate in research, information exchange, education, training and public awareness Promote the widest possible participation in implementation of adaptation/mitigation UNCCD Adopt an integrated approach addressing the physical, biological and socio-economic aspects of the process of desertification, land degradation and drought 4 Sourced from Guyana NCSA information brochures and based on the thematic assessments Page 29 of 113

30 Integrate efforts for poverty eradication in efforts to combat desertification/land degradation and mitigate the effects of drought Strengthen sub-regional, regional and international cooperation Strengthen institutional mechanisms to avoid duplication Promote the use of existing bilateral and multilateral mechanisms UNCBD Conserve biodiversity and use it in a sustainable manner Develop national biodiversity strategies and action plans and integrate these into broader national plans Identify the important components of biological diversity that need to be conserved Establish protected areas Rehabilitate degraded ecosystems and promote the recovery of threatened species Preserve traditional knowledge of the sustainable use of biological diversity among local communities Control and eradicate alien species that threaten ecosystems Control the risks posed by organisms modified by biotechnology Promote public participation Educate people and raise awareness about the importance of biological diversity Implementation status in Guyana 27. Guyana is currently undertaking the cross-cutting analysis having recently completed the stocktaking and thematic assessments. It is expected that by early 2007 the final NCSA report will be completed and an Action Plan approved. 28. As part of the stock-taking exercise, the current status regarding Guyana s meeting of its obligations towards the Conventions was assessed. These reports, appropriately updated, provide the basis for this overview of the existing situation. UNCBD 29. To date, Guyana has developed legislation and a number of national action plans, strategies and programmes (some pre-dating the Convention), which together have assisted the country to meet the UNCBD obligations. Several committees have been established at different levels of policy decisionmaking to encourage and promote the integration of environmental issues (including biodiversity) into national planning. The EPA is the National Focal Point for the implementation of the UNCBD. 30. The legal requirement for environmental impact assessments for development projects considered to have significant effects on the environment is also a means of protecting and conserving Guyana s biodiversity. Currently, attempts are being been made to establish a National Protected Areas System. The two legally established Protected Areas (Kaieteur National Park and Iwokrama Forest) demonstrate national efforts in in-situ conservation. 31. Guyana has been making significant efforts to facilitate ex-situ conservation, through field gene banks, seed banks and in vitro collection by the National Agricultural Research Institute (NARI) and the Guyana Rice Board (GRB) as well as field gene banks and germplasm collection by the Guyana Sugar Page 30 of 113

31 Corporation (GuySuco). In addition, there is the National Biosafety Project and KfW-funded protected area-related micro projects. To date, Guyana has submitted one country report to the Conference of Parties meeting. UNFCCC 32. In response to its obligations under the UNFCCC, Guyana submitted its Initial Communication, 1994, to the Convention Secretariat and started to implement measures to adapt to and to mitigate humaninduced climate change as best as its resources can permit in the face of other pressing socio-economic activities. The Country has been primarily involved in adaptation work under the GEF s financial backing for the CPACC and the MACC projects which are CARICOM projects and are geared to address the training aspects of the Convention and to promote public awareness of the tasks which have to be undertaken by CARICOM countries. The Sea and River Defence Board has been involved in an Institutional Capacity Building Activities Programme which included relevant skills enhancement and training in climate change monitoring and evaluation, especially of sea-level rise and wave intensity on the coast. 33. The EPA undertook a CIDA-funded mitigation exercise to monitor the rice and wood sectors which resulted in recommendations on technological changes which can assist to reduce the amounts of GHG emissions into the atmosphere. The Office of the Prime Minister has been working to demonstrate the benefits of renewable energy by introducing photovoltaic systems in the hinterland. The Institute of Applied Science and Technology has been working on alternative energy forms such as bio-fuels. The Guyana Energy Authority has been concentrating on renewable hydropower and wind energy systems. However, more substantive programmes are required to be done if Guyana is to play its part in addressing its role in the reduction of human-based carbon emissions into the atmosphere (mitigation), the increase in sinks of the green-house gas into the soils (sequestration) and to promote local measures to adapt to the effects of global warming and its accompanying climate change (adaptation). 34. The GoG has recently produced a draft project document identifying enabling activities for the preparation of Guyana s second national communication to the UNFCCC. The activities within the second national communication are a continuation of work which was started in the initial national communication. The main components of the project are (a) an inventory of greenhouse gases, (b) programmes containing measures to facilitate adequate adaptation and mitigation to climate change, (c) an analysis of measures for greenhouse gas abatement, and (d) information related to the implementation of the UNFCCC. The proposed project will aid in building capacity related to climate change in Guyana as well as enhancing public awareness with regards to climate change. It will also facilitate placing climate change issues higher on the national agenda and increase the involvement of all stakeholders on issues related to climate change. UNCCD 35. Guyana is on-track in meeting its Convention obligations having identified its National Focal Point (the Hydrometeorological Department up until 2003, then from 2004 the Lands & Surveys Commission); submission of three national reports (in April 2000, April 2002, May 2006); hosting of a National Awareness Seminar in September 2005, participation in the Conference of Parties (CoP) since 1998 and attendance at Convention 5 regional meetings. 36. The National Action Programme (NAP) was completed in April The NAP takes into consideration the need for integration into, and strengthening of, the existing national policy and planning 5 Guyana has also been represented at regional meetings for UNFCCC and UNCBD Page 31 of 113

32 framework for sustainable development as well as the role of non-governmental organisations, the private sector, local communities and civil society at large in its implementation. 37. Key land degradation issues facing Guyana are identified as: incidents of floods; droughts; salt water intrusion in particular along Guyana s developed but vulnerable coast; and natural resource utilisation in the mining, forestry and agriculture sectors. 38. The NAP identified as key immediate actions: to conduct a comprehensive assessment of current land use practices and factors contributing to degradation; and the finalisation of a National Land Use Policy and Developing a National Land Use Plan. Page 32 of 113

33 3 Summary of the Methodology 39. The involvement of stakeholders has been a critical element in the NCSA process to date. For the cross-cutting capacity issues assessment, the consultancy team went through a stakeholder analysis exercise to ensure that the broader list of stakeholders used in earlier in the NCSA project incorporated the key players relevant to this phase. 40. Identifying stakeholders from the broader list who should possibly be involved, or might want to be involved, for this phase of the NCSA followed a typical process that was initiated by asking such questions as: Who is/might be interested in, or affected by, the thematic area and what are their interests and positions? Who has information and expertise that might be helpful and/or has been/is involved in similar initiatives or planning? Who has expressed interest in being involved in similar initiatives/efforts before and who else might be interested in contributing to the NCSA? 41. An initial list of 65 stakeholders was drawn up. Since not all stakeholders would have a need or wish to be involved in the project to the same degree, the list was divided into four categories: (1) those who will likely want to participate fully or whose active involvement will determine the credibility of the process; (2) those who would likely play a more limited role; (3) those who likely will wish simply to be kept well informed; and (4) and those who will not want to be involved. 42. The final list contained 42 stakeholders who were in the first three categories (see Annex A). A final check of the list was done to ensure that no gaps were present and no potential stakeholder had been overlooked. In particular, it was ensured that all members of the key environmental committees (the Natural Resources and Environment Advisory Committee, the National Climate Committee and the National Biodiversity Advisory Committee) were included. 43. An introductory communication was sent to all 42 stakeholders giving a brief on the objectives of the cross-cutting capacity issues phase of the NCSA and introducing the consultancy team. 44. Subsequently, a questionnaire was developed that was designed to elicit responses that would inform the analysis of issues at the policy, institutional and legislative level as well as identifying other important cross-cutting issues. At the same time, the questionnaire asked for capacity constraints experienced by the institutions that may have been hindering the fulfillment of Guyana s obligations to the Conventions. Finally, the questionnaire provided an opportunity for stakeholders to propose opportunities for synergistic and cross-cutting capacity-building activities. 45. The questionnaire was accompanied by an explanatory covering letter and sent in hard and soft copy to the Category 1 stakeholders (a total of 15 organisations). The letter proposed a deadline before which completed questionnaires would be welcome and indicated that the team would respond to requests for individual meetings if required to assist in completing the questionnaire. 46. The questionnaires were followed up by contacting the stakeholders to arrange individual interviews. At these meetings, questionnaire responses were reviewed and more in-depth discussion on key issues took place. In a few cases, due mainly to the absence of key individuals within stakeholder organisations, questionnaires were not completed fully and/or individual interviews were not conducted. 47. Category 2 stakeholders were contacted by the team on a case-by-case basis to gather evidence or discuss opportunities on particular key issues specifically relevant to the stakeholder. Page 33 of 113

34 48. The draft report was reviewed by Category I stakeholders and members of the environment committees who subsequently attended a stakeholder focus group workshop to further discuss issues. The meeting also provided the opportunity to ensure that maximum use of synergies for addressing crosscutting issues was made in developing the action plan framework. 49. Overall, direct interaction was achieved with over 75% of the key stakeholders which included all focal points and members of the relevant national steering committees (see Annex A). Page 34 of 113

35 4 Priority Environmental and Cross-cutting Issues 4.1 Preamble 50. As stated earlier, it is important to separate priority environmental issues (which can be seen as the end ) and the cross-cutting issues (i.e. the means ) that may act as constraints to achieving the environmental goals as framed and articulated by the Conventions. 51. National priority issues for Guyana have been identified by synthesising information from a number of sources, namely: NCSA thematic reports; NCSA cross-cutting issues questionnaire responses; interviews with key stakeholders; the focus group stakeholder workshop; national policies, plans and statements; and relevant international plans and strategies. 4.2 National Priorities Priority issues from thematic assessments 52. The thematic assessments identified and reviewed priority issues pertaining to the Conventions. Through a process of consultation these were converted into needs and/or recommendations and ranked according to their priority (highest, medium and lower). These are summarised here in Tables Priority issues identified by organisations 53. From the responses to the questionnaires, it is possible to prioritise the cross-cutting issues from the perspective of the individual organisations (see Table 4). 54. Additional input on national priorities was provided by the deliberations of the focus group stakeholder workshop. At that forum, the provisional list of priorities was discussed and refined. It emerged that the prioritisation of issues was generally a fair reflection of reality, though inter-agency collaboration and coordination, human resources, funding, community-based activities, sustainable energy and poverty reduction were cross-cutting issues that should be given a higher priority. In addition, climate-change, sustainable use of natural resources and integrated freshwater management were identified as high priority environmental aspects. Page 35 of 113

36 Table 1 Highest priority issues and recommendations summarised from the Thematic Reports UNCBD UNFCCC UNCCD In situ and ex situ conservation of biodiversity Research and Training to enhance capacity for biodiversity management Improvement of the availability, accessibility and exchange of information Finalisation of draft legislation to address biodiversity issues, plus synchronisation of existing pieces of legislation and the developing of new legislation (for example, to regulate hunting) Translation of knowledge and awareness of biodiversity issues into responsible actions at the individual and collective levels Development of Methods, Criteria and Indicators for the Sustainable Use of Biodiversity Sustainable livelihoods alternatives Mitigation sector plans: Energy and other sectors activities Adaptation sector plans: coastal zone strategies, plans and activities Planned response to impacts of climate change effects Systematic monitoring and research 6 Completion of the NAP and its finalisation through stakeholder participation and approval by Board of National Focal Point Approval of draft Land Use Policy to set the overarching framework for sustainable land management and assist obligations to UNCCD Need for capacity building and institutional strengthening of National Focal Point and related Agencies for sustainable land management as it regards UNCCD Limited funding mechanisms and untimely provision by the Convention Secretariat has been the main reason for the delay to the NAP process. There is need to develop a financing strategy to draw on regional and international mechanisms Table 2 Medium priority issues and recommendations summarised from the Thematic Reports UNCBD UNFCCC UNCCD Developing incentive measures to promote sustainable use and conservation of Guyana s biodiversity Identification, Monitoring and Evaluation of biodiversity Financial and technical resources for Inventory of GHGs: preparation and update National Communication: Second Communication and updates In spite of good collaboration and cooperation among members, the National Steering Committee for UNCCD needs to be more proactive Low level of awareness and knowledge of UNCCD and land degradation in related 6 Recognised by the UNFCCC Focal Point as a high priority Page 36 of 113

37 UNCBD UNFCCC UNCCD biodiversity conservation and management Agencies, Government Institutions and Civil Society at large. This will require a concerted effort towards education and awareness A comprehensive study and assessment of the current land uses and practices and factors contributing to land degradation is required along with information gathering and developing a national clearing house (Focal Point) for information regarding UNCCD and land degradation. As well, need to develop early and forecasting warning systems for droughts and floods There is need for the harmonising of legislation and institutional framework for sustainable land management and land use planning Strengthening efforts of institutional cooperation and collaboration for sustainable land management Table 3 Lower priority issues and recommendations summarised from the Thematic Reports UNCBD UNFCCC UNCCD None specifically identified Systematic monitoring and research Education, Training and Public Awareness Access to information Need for better linkage between National Focal Point, Government Agencies and NGO s and civil society regarding UNCCD and sustainable land management Page 37 of 113

38 Table 4 Prioritisation of cross-cutting issues from the perspective of organisations (single check indicates that the organisation addresses the issue; boxed check indicates that the organisation considered the issue high priority; score is number of organisations that checked the issue plus 0.5 for each that identified it as a priority). Grey shade illustrates three nominal priority classes. CROSS-CUTTING ISSUE Hydromet GFC GEA GL&SC GGMC GUYSUCO EPA CH&PA CI Score Information gathering, management, storage and exchange 10.0 Monitoring 10.0 Training and education 9.5 Land use and planning 9.0 Research 7.5 Public awareness and participation 7.5 Development and enforcement of policy and laws 7.5 Poverty reduction 6.5 Sub-regional and regional international cooperation 6.0 Traditional knowledge 5.5 Integrated ecosystems, plant conservation and protected areas 5.0 Technology development and transfer 4.5 Community-based natural resource management 4.0 Sustainable use of natural resources 4.0 Institutional/Organisational mandates, structures and frameworks 2.0 Development of renewable energy resources 1.5 National and international funding 2.0 Economic, trade and incentives systems and instruments 1.0 Liability and redress 1.0 Page 38 of 113

39 4.3 Priorities Revealed in National-level Policies, Plans and Strategies National Development Strategy 55. Biodiversity and climate are not among the subject areas specifically addressed in the NDS. Its main focus is on harmonizing development with the need to protect and maintain environmental integrity. It states that the success of a development strategy will depend on the extent to which it integrates, conceptually and operationally, environmental and developmental imperatives. 56. Environmental considerations should underpin all aspects of development whether physical or social and it is imperative that an effective environmental strategy be formulated as soon as possible. 57. The plan does address the forestry and fisheries sector with the aim of achieving sustainable production levels and includes measures for environmental monitoring and surveillance. 58. In general, environmental problems in Guyana can be divided into two categories: resource degradation and resource contamination. 59. Some examples of resource degradation, which are experienced in our country, include: overfishing leading to the depletion of stocks, especially of breeding stocks of commercial species; the deforestation of mangrove swamps, resulting in the loss of habitats for juveniles of important marine species, and an increase in the danger of flooding in coastal areas; the over-harvesting of inland forests with a consequential loss of habitats and a reduction of species diversity; and soil erosion, with the attendant diminution of the water-holding capacity of watersheds, thus rendering the affected area susceptible to episodes of flooding and siltation. 60. The most common examples of resource contamination are associated in Guyana with water pollution from mercury, cyanide and other chemical wastes through mining; untreated human and animal wastes; and agricultural and industrial wastes. However, air pollution is also a public health concern, particularly in bauxite mining areas such as Linden, where suspended mineral particulates have been implicated in certain human respiratory disorders Poverty Reduction Strategy Paper 61. The PRSP notes that to achieve its objectives, Government s strategy will be to (1) enforce rigorously the provisions of the Environmental Protection Act; (2) promote public awareness of the benefits of sound environmental policy; and (3) involve local communities in developing programs to manage vulnerable ecosystems and conserve the resources of protected areas. In addition, the EPA will monitor and enforce standards for air emissions, effluent discharge, and noise levels of industries; ensure stricter compliance with environmental management plans, conduct regular environmental audits; and promote the training of adequate numbers of technicians to monitor adherence to legal environmental standards. 62. Biodiversity is seen as a vehicle to reduce poverty: Finally, Guyana s bio-diversity provides the country with a unique tourism product whose full potential remains to be realized. Government strategy in these sectors will be to support the private sector by removing constraints that impede progress and provide the infrastructure that stimulates production. 63. The Policy and Performance Matrix also provides a useful area in which Convention obligations could be linked. In the area of regulatory framework, an improved framework for land Page 39 of 113

40 development is identified as a strategic measure. This is closely linked to the cross-cutting issue of land use and planning. An important action is the computerization of land information and transparent mechanisms for land distribution. 64. The actions identified for modification of the economic base are also important as they relate to the restructuring of the sugar industry and modernisation of agricultural practices. So too are those relating to the collection and information and data. Critical action include: Develop standard formats for data collection, especially social sector data; strengthen management information systems; assign statisticians and MIS personnel in regions to collect economic and social data; co-ordinate data work and institutional strengthening with donors define more clearly the role of the Thematic/Working Groups 65. The 2005 progress report on the PRSP has raised the profile of the environment with the specific inclusion of a section on this issue National Biodiversity Action Plan 66. The NBAP is intended to be consistent with the general direction of the National Development Strategy so that both documents will harmonise in respect of matters relating to place and use of biological resources for development activities. 67. The action plan is based on the principles of (a) biodiversity considerations are to become integrated into the agenda at the local, regional, sectoral, and national levels, (b) all planning and management efforts that either use or impinge on biological diversity should, as far as possible be participatory, adaptive, ecosystem and precautionary in its approach. 68. The plan lays out the necessary national actions/programmes that need to be implemented in order to comply with the UNCBD. These include (a) mobilization of financial and technical resources, (b) human resource and institutional capacity building, (c) research and information on biodiversity, (d) consolidation on policy, legal and administrative framework, (e) public awareness and education, (f) insitu and ex-situ conservation of biodiversity, (g) incentive measures and economic alternatives, (i) measures for the sustainable use of biodiversity, and (j) monitoring, evaluation and reporting. 69. The overall goal of the NBAP is to promote and achieve the conservation and of Guyana s biodiversity, to use its components in a sustainable way and to encourage the fair and equitable sharing of benefits arising out of the use of Guyana s biodiversity. The specific objectives are to: evaluate the state of capacity nationally to achieve the above goal; identify gaps and needs relating to achieving the above goal; propose actions to achieve this goal and close the gaps; develop activities in a number of priority areas relating to the overall goal; identify the roles and responsibilities of the various stakeholder groups in the implementation of the plan; obtain and harness stakeholder involvement and support for the development and implementation of the plan; and increase public awareness of biodiversity. 70. The general objectives of the National Policy on Biodiversity are 7 : 7 From the National Strategy for the Conservation and Sustainable Use of Guyana s Biodiversity, 1997 Page 40 of 113

41 to sustainably use Guyana s renewable natural resources, including biodiversity; to develop institutional capacity and capability to execute all aspects of environmental management, especially the management of biological resources; to integrate the conservation agenda into the national development agenda; to equitably share benefits which will arise from research, conservation and sustainable use of components of biological diversity; and to take all necessary actions to achieve these goals Workshop on Research Priorities 71. The workshop on development of a prioritised programme for biodiversity research in Guyana (EPA 2002) identified the top priority research areas for biodiversity conservation and sustainable utilisation of biodiversity as: keystone species in different ecosystem types; wildlife identification, characterisation and management; biodiversity assessments - including taxonomic and genetic diversity; mangrove ecology and regeneration; bio-indicators of pollution; Non-Timber Forest Products; and inventories of present land use National Forest Policy/National Forest Plan/Draft Forests Act 72. Central policies adumbrated in these documents, as they relate to the environment, are: creation of inviolate reserves of representative samples of the various forest ecosystems which occur in the country, on a scale which is adequate to ensure their indefinite reproduction and continuation, having regard to their biodiversity; initiate a level of control over all harvesting activities, sufficient to provide adequate protection of biodiversity and to ensure sustainable production; achieve improved sustainable forest resource yields while ensuring the conservation of ecosystems, biodiversity, and the environment; and a national and global responsibility for the sustainable management of Guyana s tropical rain forests and recognise its vital role in maintaining the earth s climate and eco-systems. 73. The Draft Forest Act includes the following provision relating to biodiversity: the conservation of the forests of Guyana, including measures to conserve biodiversity, special species and habitats, soil and water resources, and to protect forests against pollution, fires, pests and diseases National Communication to the UNFCCC 74. In Guyana s initial national communication in response to its commitments to the UNFCCC (2002), the following areas were highlighted as priority: an inventory of greenhouse gases following the guidelines decided by the Conference of Parties; Page 41 of 113

42 an assessment of potential impacts of climate change in Guyana (impacts and vulnerability assessment); an analysis of potential measures to abate the increase in GHG emissions and to adapt to climate change; identification of adaptation measures and mitigation analysis on climate change; preparation of a National Action Plan to address climate change and its adverse impacts; and financial assistance, capacity building and transfer of technology; systematic conservation and research; education, public awareness and training; to meets it objective for the UNFCCC The National Action Plan (UNCCD) 75. The NAP, finalised in April 2006, proposed the following actions to address the key land degradation issues of flooding, droughts, salt water intrusion along the coast and natural resource utilisation in the mining, forestry and agriculture sectors: rationalising the planning and management of land resources; rationalising legislative overlaps; promoting effective coordination and information exchange; establishing institutional synergies; securing financial resources and establishing financial mechanisms; promoting public education and awareness; undertaking training and capacity building; addressing issues of food security, management of agriculture and sustainable development; sustainably manage drainage basins and watersheds; developing early warning systems and emergency plans to mitigate drought; utilising traditional knowledge; and promoting regional aspects of preventing land degradation. 4.4 Priorities from Relevant International Programmes and Strategies Barbados Programme of Action 76. The idea of the Barbados Programme of Action (BPOA) emerged at the 1992 United Nations Conference on the Environment and Development (UNCED) the Earth Summit held in Rio de Janeiro, Brazil, 3-14 June, At this Summit, a call was made to the United Nations to convene a Global Conference on the Sustainable Development of Small Island Developing States (SIDS). This Conference was held in Barbados in May 1994 and produced a Programme of Action designed to assist these environmentally and economically vulnerable countries. 77. At the 1994 Global Conference in Barbados, the BPOA for SIDS was adopted which presented fourteen agreed priority areas and defines a number of actions and policies related to environment and development planning that should be undertaken by SIDS with the cooperation of the international community. The fourteen priority areas include: climate change and sea level rise; natural and environmental disasters; management of wastes; Page 42 of 113

43 coastal and marine resources; freshwater resources; land resources; energy resources; tourism resources; biodiversity resources; national institutions and administrative capacity; regional institutions and technical cooperation; transport and communication; science and technology; and human resource development. 78. In 1999, a comprehensive review of the BPOA was conducted after five years at the Twenty second Special Session of the United Nations General Assembly (27-28 September 1999). The Session adopted a declaration and endorsed the BPOA. 79. Recognition and commitments to the BPOA were expressed at other international meetings such as the 2000 Millennium Summit, New York, the 2002 International Conference on Financing for Development, Monterrey, Mexico and the 2002 World Summit on Sustainable Development (WSSD) and the Johannesburg Plan of Implementation (JPOI) Mauritius Strategy for the further Implementation of the Programme of Action for the Sustainable Development of Small Island Developing States 80. The Strategy states that SIDS acknowledge that sustainable development is primarily a national responsibility, but that for SIDS to succeed, the Rio Principles, including, inter alia, the principle of common but differentiated responsibilities, as set out in Principle 7 of the Rio Declaration, must be given specific expression for SIDS. 81. The Strategy notes that SIDS have implemented the BPOA principally through utilization of their own resources, and that efforts have been pursued within limited financial constraints, including an overall decline in Overseas Development Assistance (ODA) to SIDS. It also underscores the need to, inter alia, mobilize domestic resources, attract international flows, and promote international trade as an engine for development. 82. The Strategy stresses the need to enhance coherence and governance of the international monetary, financial and trading systems in order to complement SIDS development plans. On security issues, the text describes the security challenges to SIDS, acknowledges the increased financial and administrative obligations placed on SIDS, and reaffirms the importance of international cooperation and support to SIDS where necessary. The Strategy includes the following: climate change and sea level rise; natural and environmental disasters; management of wastes; coastal and marine resources; freshwater resources; land resources; Page 43 of 113

44 energy resources; tourism resources; biodiversity resources; science and technology; sustainable capacity development and education for sustainable development; sustainable production and consumption; national and regional enabling environments; knowledge management and information for decision making; and culture. 83. It also considers: access to and provision of financial resources; science and development and technology transfer; capacity development; national and international governance; monitoring and evaluation; the role of the UN in further implementation of the programme of action; and the role of SIDS regional institutions for monitoring and implementation. 84. Good governance within each country and at the international level is essential for sustainable development. At the domestic level, sound environmental, social and economic policies, democratic institutions responsive to the needs of the people, the rule of law, anticorruption measures, gender equality and an enabling environment for investment are the basis for sustainable development. 85. Specific challenges to SIDS include, inter alia, environmental degradation, natural disasters, food security and water scarcity. The adverse effects of climate change and sea-level rise present significant risks to the sustainable development of SIDS and the long-term effects of climate change may threaten the very existence of some SIDS. 86. Based on the Secretary-General s report and other available data, SIDS believes that they are already experiencing major adverse effects of climate change. Adaptation to adverse impacts of climate change and sea-level rise remains a major priority for SIDS. 87. The commitment was reaffirmed to achieving, in accordance with the relevant provisions of the UNFCCC, the Convention s ultimate objective of stabilization of GHG concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system, 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. Parties that have ratified the Kyoto Protocol strongly urge all States that have not done so to ratify it in a timely manner. 88. The international community should: fully implement the UNFCCC and further promote international cooperation on climate change; continue to take, in accordance with the Convention and the Kyoto Protocol as applicable, steps to address climate change, including through: adaptation and mitigation in accordance with the principle of common but differentiated responsibilities and respective capabilities and the effective implementation of the Kyoto Protocol by those countries that have ratified it; Page 44 of 113

45 promote increased energy efficiency and development and use of renewable energy as a matter of priority, as well as advanced and cleaner fossil fuel technologies, inter alia, through public and/or private partnerships, market-oriented approaches, as well as supportive public policies and international cooperation and support their use in SIDS, where appropriate, and in accordance with their national policies; implement the Buenos Aires Programme of Action on Adaptation and Response Measures, in particular those elements that are relevant to SIDS; work to facilitate and promote the development, transfer and dissemination to SIDS of appropriate technologies and practices to address climate change; build and enhance scientific and technological capabilities, including in SIDS, inter alia through continuing support to the IPCC for the exchange of scientific information and data, including where relevant to SIDS; and enhance the implementation of national, regional and international strategies to monitor the Earth s atmosphere, including as appropriate, strategies for integrated observations, inter alia with the cooperation of relevant international organisations; and work with SIDS to strengthen their involvement in monitoring and observing systems, and enhance their access to and use of information. 89. SIDS are located among the most vulnerable regions in the world in relation to the intensity and frequency of natural and environmental disasters and their increasing impact, and face disproportionately high economic, social and environmental consequences. The pressures on land resources that existed 10 years ago have only been exacerbated by competing uses, increased demands and land degradation. National strategies have to be elaborated on sustainable land use, which tackle such issues as land tenure and management systems, combating desertification and protecting biodiversity. 90. Many SIDS have ratified the Convention on Biological Diversity and its Cartagena Protocol on Biosafety, and have initiated national biodiversity strategic action plans and developed national nature reserves and protected areas. The World Summit on Sustainable Development confirmed the essential links between biodiversity and livelihoods Millennium Development Goals 91. MDGs serve as the new framework for sustainable development by setting social equity goals and targets that aim at contributing to economic development while ensuring environmental sustainability. Integrating sustainable development principles into national policies is critical to successful implementation and promotion of environmental sustainability. 92. MDG Goal 7 is to ensure environmental sustainability. Three targets are: 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 Summary of Guyana s Priority Environmental and Cross-cutting Issues 93. From the preceding, the following is a summary of the priority environmental and cross-cutting issues facing Guyana as it seeks to fulfil its commitments to the Conventions. The examination of these priorities reveals that the environmental priorities are included among the cross cutting priorities (see Page 45 of 113

46 Table 5). This synergy among the priorities creates an ideal opportunity for the stake holders to enhance the scope of their execution of environmental priorities by including cross-cutting issues. Environmental priorities: In situ and ex situ conservation of biodiversity Translation of knowledge and awareness of biodiversity issues into responsible actions at the individual and collective levels Development of methods, incentive measures, criteria and indicators for the sustainable use of biodiversity and natural resources (including energy) Integrated freshwater management Preparation and update of GHG inventory Adaptation of sector plans for the coastal zone Mitigation plans for energy and other sectors activities Planned response to impacts of climate change effects Assessment of the current land uses and practices and factors contributing to land degradation Forecasting and early warning systems for droughts and floods. Cross-cutting priorities: Human resources Inter-agency collaboration and coordination Information gathering, management, storage and exchange National and international funding Integrated ecosystems, plant conservation and protected areas management Land use and planning Community-based natural resource management Monitoring Training and education Research Public awareness and participation Development and enforcement of policy and laws Poverty reduction Liability and redress Economic, trade and incentive systems and instruments Sub-regional and regional international cooperation Traditional knowledge Technology development and transfer Page 46 of 113

47 Table 5 Interface between cross-cutting and environmental priorities CROSS-CUTTING PRIORITIES Human resources Information gathering, management, storage and exchange Integrated ecosystems, plant conservation and protected areas management ENVIRONMENTAL PRIORITIES Translation of knowledge and awareness of biodiversity issues into responsible actions at the individual and collective levels Development of methods, incentive measures, criteria and indicators for the sustainable use of biodiversity and natural resources (including energy) Integrated ecosystems, plant conservation and protected areas management In situ and ex situ conservation of biodiversity Integrated freshwater management Land use and planning Monitoring Assessment of the current land uses and practices and factors contributing to land degradation Adaptation of sector plans for the coastal zone Forecasting and early warning systems for droughts and floods Preparation and update of GHG inventory Mitigation plans for energy and other sectors activities Planned response to impacts of climate change effects Training and education Public awareness and participation Economic, Trade and Incentive systems and instruments Translation of knowledge and awareness of biodiversity issues into responsible actions at the individual and collective levels Translation of knowledge and awareness of biodiversity issues into responsible actions at the individual and collective levels Development of methods, incentive measures, criteria and indicators for the sustainable use of biodiversity and natural resources (including energy) These linkages are further explored under the discussion of the relevant cross-cutting issue Page 47 of 113

48 5 Existing Framework in Guyana that Provides the Basis for Actions to Fulfil the Requirements of the Conventions 5.1 Legal and Regulatory General framework 94. Though there is no single law in Guyana which has been promulgated to advance the cross-cutting issues of the Conventions, the laws identified in Annex C (Table 12) have an impact on the cross-cutting issues which have been identified both specifically and generally. 95. The legal and regulatory framework provides a limited and not clearly defined or coherent foundation for the implementation of the mandates which cut across the Conventions. For each crosscutting issue identified, it is possible to find a law or regulation which regulates some aspect of that particular issue. There are, however, severe limitations in these laws. In some situations, one identifies a single law that is limited to a particular Convention and in other instances the basis of addressing the cross-cutting issue has to be found in the Constitution of Guyana. In further instances, there is a regulatory or rule-making power which can be utilised to realise the cross-cutting issues of the Conventions. 96. An examination of the spectrum of laws reveals that the ENVIRONMENTAL PROTECTION ACT, 1996, the IWOKRAMA INTERNATIONAL CENTRE FOR RAIN FOREST CONSERVATION AND DEVELOPMENT ACT and the AMERINDIAN ACT No.6 of 2006 emerge as the legislations which provide a basis for working across the Conventions. 97. The overall impact of a cross-cutting analysis demonstrates the need for a wider legislative base and a streamlining of these laws. The coordinating role of the Environmental Protection Agency will be critical in realising the nature of cross-cutting objectives. Section 4(1)(l) of the ENVIRONMENTAL PROTECTION ACT, identifies the agency as playing a (l) coordinating role in the preparation and implementation of cross-sectoral programmes of environmental contents. 98. The overall opportunity for linkages within the current legal and regulatory framework lies in the Regulation making power of the EPA and the rule-making power vested in Amerindian Village Councils. This opportunity can be realised by integrating cross-cutting issues within the regulations which are to be passed by the EPA. 99. Further, a participatory period leading up to the drafting of the regulations will ensure that the regulations are informed by the views of all the relevant stakeholders. An example would be the streamlining of mining environmental regulations with environmental regulations developed by the EPA Another useful linkage can be through a strong collaborative relationship between the EPA, and other stakeholders regulation-making structure, with that of the Amerindian Village Councils. The effect should be to add both knowledge and capacity to the critical rule-making power of the Amerindian Village Councils. This linkage can also enhance the realisation of the objectives of community based natural resource management 101. As illustrated in Annex C, there are many laws in Guyana which cover the Conventions; however, there are not many Laws which facilitate a legal and regulatory regime across all of the Conventions. It follows that the legal and regulatory framework possesses some gaps in the overall Convention coverage. These are examined with respect to specific cross-cutting issues which impact directly on the legal and regulatory framework. Page 48 of 113

49 102. The general observations which are reflected in the legal and regulatory framework are the need to review and if necessary amend, or repeal out-dated laws. It is also acknowledged that there is a need to enact new laws to address issues which have emerged as a result of the signing of the Conventions In this instance, the methodologies chosen to achieve these objectives will be critical. These include: the enactment of new laws to cover emerging areas where extension of existing legislation is not possible; implementation of appropriate regulations which can cover the particular subject area (this can be useful where a general legislative mandate has been provided); the use of guidelines, rules, codes and best practices adopted by relevant institutional players in the particular area; and binding and enforceable agreements between relevant stakeholders guided by appropriate principles and non-binding operational understandings among affected agencies Critical to the success of any of the methodologies identified above is sound technical input and the widest consultation possible. It is therefore essential that there be technical support and information for any planned adjustments in the legal and regulatory framework. This input can be in the form of Green Papers or other policy and background documents which will be circulated for input prior to the adoption of any legal and regulatory measures. These considerations should serve as a guide to addressing the issues identified below The important legal and regulatory cross-cutting issues are 8 : Development and enforcement of policy and laws Monitoring Liability and redress Integrated ecosystems, plant conservation and protected areas management Land-use and planning Development and enforcement of policy and laws 106. The main challenge under this heading is establishing a stable and predictable legal and regulatory environment. The importance of developing appropriate laws regarding environmental issues can be found in several provisions of the Constitution of Guyana Article 25 under the heading Principles and Bases of the Political, Economic and Social System provides that: Every citizen has the right to participate in activities designed to improve the environment and protect the health of the nation. Article 36 under Land and the Environment provides that: The well-being for the nation depends upon preserving clean air, fertile soils, pure water and the rich diversity of plants, animals and eco-systems Under the heading of Protection of Fundamental Rights and Freedoms of the Individual, Article 149J(2) provides that: The State shall protect the environment, for the benefit of present and future generations, through reasonable legislative and other measures designed to (a) prevent pollution and ecological degradation; (b) promote conservation; and (c) secure sustainable development and use of natural resources while promoting justifiable economic and social development 109. There is, therefore, no absence of a constitutional mandate to develop and enforce the appropriate laws. To date, the main evidence of the exercise of this power is seen in the Environmental Protection Act of 1996, though the Mining Act and the Forests Act also contribute. 8 See Annex C, Table 12, for an identification of the interface between laws and cross-cutting issues 9 The Convention related provisions are highlighted in Annex C under this subject heading. Page 49 of 113

50 110. The ENVIRONMENTAL PROTECTION ACT confers a specific regulation power in section 68 of the Act. This is critical to the faster development of laws to deal with environmental issues. The process of passing legislation and amending laws can be much more time consuming than the process of passing regulations. The relevant regulations include those relating to: standards and codes of practice with respect to the protection and rehabilitation of the environment and the conservation of natural resources; the quantity, condition or concentration of substances that may be released into the environment; the restriction or prohibiting of ozone depleting substances; the establishment of ambient air quality standards, an air pollution monitoring system and index, and the manufacture, use and emission of air contaminants; the protection of particular species of prescribed fauna and flora; classifying contaminants and sources of contaminants including the designation of certain contaminants as hazardous; requiring the filing of terms of returns concerning any matter regulated by or under this Act or regulations; protecting the coastal and marine resources; the designation of any process as a prescribed process and the grant, refusal, revocation or suspension of any prescribed process licence that may be issued by the Agency and the terms, conditions or restrictions subject to which such prescribed process licences may be granted; the fee chargeable by the Agency, services rendered by the Agency, its employees or agents in carrying out the provisions of any enactment under which the Agency exercises functions; the quality of fuels, additives and lubricants that may be imported or used for vehicles, generating electricity, industrial processes or incineration; any other matter relating to the prevention and control of environmental pollution; the principles to facilitate the participation of communities which are likely to be adversely affected by the activity of a developer, taking into account the rights of indigenous communities; and the utilisation of forest resources and the extraction of mineral resources Section 4(1)(d) gives the Agency the power to establish, monitor and enforce environmental regulations It is suggested that development and enforcement of policy and laws can be effectively tackled by the regulation making power of the Environmental Protection Agency. The language of the empowering sections of the Act provides sufficient scope for the realizing of the objectives of the Conventions. The EPA s Strategic Plan has already indicated an intention to exercise this regulatory power. It is to be observed, however, that priorities have been established which do not necessarily reflect Convention implementation priorities. A more immediate remedy can be through the development of codes and practices to address a particular prioritized Convention issue. The provisions of Sections 13 and 14 of the Amerindian Act should also be noted in this regard and the rules developed by the EPA should be harmonised with those developed by the Village Councils Monitoring 113. This is a critical function in ensuring compliance with environmental laws as well as supporting obligations under the Conventions. Monitoring also allows for more informed decisions regarding Page 50 of 113

51 environmental issues. In Guyana, the legal and regulatory framework for monitoring is scattered among different legislative instruments (agencies) depending on the subject area At the international level, the following decisions should be noted as regards the implementation of a structure to monitor not only Convention compliance but also environmental related impact. The Convention decisions include CBD COP Decision VIII/15. Framework for monitoring implementation of the achievement of the 2010 target and integration of targets into the thematic programmes of work; CBD COP Decision VIII/15VII/8. Monitoring and indicators: designing national-level monitoring programmes and indicators Critical to monitoring is not only the legislative mandate but also the institutional arrangements and tools which are employed to discharge this function. The discharge of the function of monitoring is an area in which there should be harmonisation. These are subject-matter as well as impact-related limitations to the existing framework in Guyana. Harmonisation may not be necessary in the actual legislation; however, through guided actions, agreements can be reached between the relevant agencies in this regard. 10 Among the suggested principles are included: communication of information; respect for the mandate of the particular institution; sharing of responsibilities; standardised data and data management; and accountability and transparency The laws in Guyana which affect monitoring include the ENVIRONMENTAL PROTECTION ACT, GUYANA GEOLOGY AND MINES COMMISSION ACT (ACT 9 OF 1979); THE MINING ACT (ACT 20 OF 1989, ACT 34 OF 1920 AND AMENDMENTS); FORESTS ACT; THE IWOKRAMA INTERNATIONAL CENTRE FOR RAIN FOREST CONSERVATION AND DEVELOPMENT ACT and THE WATER AND SEWERAGE ACT (ACT NO.5 OF 2002) as well as environmental protection regulations The opportunity for linkages under this cross-cutting issue can be through the effective collaboration among the officers and other personnel empowered to enforce these various laws. This includes information sharing, clear jurisdictional boundaries and a streamlining of enforcement activities. The relevant provisions of the laws highlighted above are further highlighted under the Monitoring heading in Annex C. It should be noted that in dealing with jurisdictional boundaries the following environmental priorities can be shared, viz: forecasting and early warning systems for droughts and floods; preparation and update of GHG inventory; mitigation plans for energy and other sectors activities and planned response to impacts of climate change effects Liability and redress 118. A much more detailed scheme should be developed to address this cross-cutting issue. International best practices should guide the direction in which this scheme is developed Currently the ENVIRONMENTAL PROTECTION ACT, 1996 makes provisions in part VII of the Act. Specifically Sections 39, 42, 43, 45, 47, 48, and 49 are relevant to this cross-cutting issue. 10 CCME Statement of Principles to Guide Cooperative Arrangements on Environmental Monitoring and Reporting at 11 See CCME Statement of Principles to Guide Cooperative Arrangements on Environmental Monitoring and Reporting at Page 2 to 3 for a more detailed list. Page 51 of 113

52 120. Section 39 provides that: (1) Every person who causes material environmental harm by polluting the environment intentionally or recklessly and with the knowledge that material environmental harm will or might result is guilty of an offence and shall be liable to the penalties prescribed under paragraph (f) of the Fifth Schedule. The limitation of this section is its reliance of an act of pollution and also the meaning of environmental harm Sections 39(5) and (6) deals with the meaning of environmental harm and provides that Environmental harm is to be treated as material environmental harm if: it consists of an environmental nuisance of a high impact or on a wide scale; or it involves actual or potential harm to the health or safety of human beings that is not trivial, or other actual or potential environmental harm (not being merely an environmental nuisance) that is not trivial (6) Environmental harm is to be treated as serious environmental harm if it involves actual or potential harm to the health or safety of human beings that is of a high impact or on a wide scale, or other actual or potential environmental harm (not being merely an environmental nuisance) that is of a high impact or on a wide scale Proof of the offence is provided for in section 42. To some extent, this aids in the prosecution of activities. This is done in the following manner: In any prosecution of an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the defendant, whether or not the employee or agent is identified or prosecuted for the offence Section 45 is also a useful section providing for compensation, and supports sections 47 and 48 by providing worthwhile avenues of redress Additional principles have emerged at the international level including the nature of damage to the environment and damage to biological diversity. This development will inform a more robust and informed framework to support this cross-cutting issue in Guyana. Harmonisation and synergy with the Environmental Protection Act should be sought to avoid duplicity and overlap of offences and jurisdictions The Forests Act also makes some provision for orders to be made regarding compensation and reinstatement for certain offences related to forest produce. This is contained in Section 25. Section 31 also makes provision relating to the acceptance of compensation for certain offences. Limitation of these provisions is that the offences do not generally relate to environmental related offences. Several options exist to utilise this liability and redress related provision. One such option is the inclusion of environmental related offences in the scheme of offences under the Forests Act These new offences should be informed by new approaches to forest conservation and use which have been influenced by the decisions of the Conventions. These can be enacted either through regulations or by way of amendment of the Act An issue which also affects redress is that of locus standi (the right to sue). The enforcement of failures in the environmental duties and responsibilities of the state is an issue which has attracted judicial comment in several Caribbean jurisdictions. It will be important to determine which parties have the rights to sue where damage to biodiversity occurs or there is a failure of an institution to discharge its constitutional, convention or policy mandate. Page 52 of 113

53 5.1.5 Integrated ecosystems, plant conservation and protected areas management 129. This cross-cutting issue is also a substantive policy issue and is discussed in further detail under that section. It must be noted however, that at present, there are no specific laws in Guyana which address any of the above issues The planned laws in these areas should be informed by the relevant policy consideration and institutional responsibilities There is also no specific law enacted to provide for the management of protected areas, though the two gazetted protected areas (Kaieteur National Park and Iwokrama Forest) are covered by their own separate Acts. However, a framework exists across various laws to allow for the effective linkages and implementation of a system of designation and rules for protection. The linkages can emerge from a combination of the system of National Parks, Amerindian villages, inland water ways and conservation sites. This is supported by the following laws : 132. FISHERIES ACT NO. 12 OF 2002 Policy Area: The Act serves to promote fisheries management and development, as such the Minister or the Chief Fisheries Officer may take such measures as he thinks fit to promote the management and sustainable development of fisheries so as to ensure the optimum utilisation of fisheries resources in the fisheries waters for the benefit of Guyana, and in so doing shall promote precautionary approaches to fisheries management, as well as the need to conserve fisheries resources for future generations ENVIRONMENTAL PROTECTION ACT, 1996, in particular the functions of the Agency; these can be found in Sections 4(1)(a),(c),(g),(h), and (i) (a) to take such steps as are necessary for the effective management of the natural environment so as to ensure conservation, protection, and sustainable use of its natural resources; (c) to co-ordinate the environmental management activities of all persons, organisations and agencies; (g) to ensure that any developmental activity which may cause an adverse effect on the natural environment be assessed before such activity is commenced and that such adverse effect be taken into account in deciding whether or not such activity should be authorised; (h) to co-ordinate and maintain a programme for the conservation of biological diversity and its sustainable use; and (i) to co-ordinate the establishment and maintenance of a national park and protected areas system and a wildlife protection management programme The AMERINDIAN ACT No.6 of 2006, provides for the recognition and protection of the collective rights of Amerindian Villages and Communities, the granting of Land to Amerindian Villages and communities and the promotion of good governance within Amerindian Villages and Communities. Section 13(1)(f) places the function of promoting the sustainable use, and protection and conservation of the natural resources on Village lands, with the Village Council. Sections 14(1)(d) to (g) authorise the development of rules to discharge the functions in Section 13(1)(f) section 58 permits an entire village or part of a village to be part of a national protected areas system The NATIONAL PARKS COMMISSION ACT (ACT 23 OF 1977) makes provision for the designation of Parks. It further vests in the Commission the duty to maintain and regulate the use of designated parks. Section 10 makes provisions for the regulation of activities within designated parks The KAIETEUR NATIONAL PARK ACT (Cap. 20:02 and amendments, Act 41 of 1929, amended by Act 4 of 1972, further amended in 1999 and 2000) should also be noted as the Kaieteur National Park is itself a protected area. Page 53 of 113

54 137. THE IWOKRAMA INTERNATIONAL CENTRE FOR RAIN FOREST CONSERVATION AND DEVELOPMENT ACT. NO. 7 OF 1996 identifies activities which can be conducted within a designated programme site Another relevant area is the Iwokrama Wilderness Preserve which means the area of the Programme Site demarcated and allocated for the establishment and maintenance of the Rainforest Wilderness Preserve for conserving nature and maintaining natural processes in an undisturbed state, in order to have ecologically representative examples of the natural environment available for scientific study, environmental monitoring and education, and for the maintenance of genetic resources in a dynamic and evolutionary state Land-use and planning 139. Unlike integrated ecosystems, plant conservation and protected areas management, this crosscutting issue is met with the greatest number of overlaps and gaps which need to be addressed and streamlined The importance of this issue at an international level has been noted in several Convention decisions notably UNFCCC Decision 13/CP.9 Good practice guidance for land use, land-use change and forestry in the preparation of national greenhouse gas inventories under the Convention 8th plenary meeting 12 December 2003; UNFCCC Decision 9/CP.4 Land-use, land-use change and forestry, UNFCCC Decision 11/CP.7 Land use, land-use change and forestry and UNEP/CBD/SBTTA/11/14 FOREST BIODIVERSITY: CONSIDERATION OF MATTERS ARISING FROM THE IMPLEMENTATION OF PARAGRAPH 19 OF DECISION VI/ There are many systems for the holding of land; further, land depending on the location and its use, is governed by several laws in a single location. There exist jurisdictional overlaps within actual land systems and there are also jurisdictional gaps which require some examination and harmonisation The laws highlighted under this particular cross-cutting issue also represent the out-dated status of many of the laws which comprise the current legal and regulatory framework It must be noted that Land use and planning has also been identified as a critical area for competitiveness in Guyana. There is therefore a further linkage with an acknowledged need for legal reform in this area. This reform process has already commenced; however, there is an even greater need to integrate environmental concerns in the reform process As land use and planning integrates environmental concerns, the impact of disaster preparedness and disaster reduction should also be included which provide some of the opportunities for linkages under this cross-cutting issue It is acknowledged that the reform process can be a lengthy one; however, in the mean time, alternative methodologies can be adopted to address the issues identified in a more time effective manner. These include harmonised and mutually supportive regulations under various laws This can also be supported to enhance already established institutional arrangements which allow for the sharing of information and the development of policies and practices The challenges facing the laws in this area can be illustrated in the manner in which land is owned and the manner in which planning is carried out. Land is owned, acquired and held by the following legal instruments: Title to Land (Prescription and Limitation) Act (Act 62 of 1952 and amendments) Acquisition of Land (Land Settlement Act; Cap. 62:06 Act 13 of 1957 and amendments) 12 See Section 4, 5 and 7 for activities which can and cannot be conducted within a programme site. Page 54 of 113

55 Acquisition of Land for Public Purposes Act (Cap. 62:05, Act 31 of 1914 and amendments) Acquisition of Lands (Act 2 of 1984 [Not Beneficially Occupied]) Land Registry Act CAP 5:02 Deeds Registry Act CAP 5:01 State Lands Act (Cap. 62:01, Act 32 of 1903 and amendments) State Lands Housing Acts Landlord and Tenant Act Rent Restriction Act Local Government Act Lands and Surveys Commission Act 148. Land use and planning are affected by many laws. In particular depending on the particular location of the land, many bodies may have jurisdiction. It should be noted that many of these laws are out-dated and also illustrate overlapping in jurisdiction. This has been clearly identified as an area which must be examined in the thematic assessment reports Land use and planning are affected by some of the following laws: Town and Country Planning Act (Cap. 20:01, Act 25 of 1946 and amendments). Planning Schemes Amerindian Act 2006: Activities on Amerindian Lands Environmental Protection Act, 1996: Environmental impact assessments depending on the particular use of the land Forests Act: Activities within forests as defined Geological Survey Act (Cap, 59:02 Act 6 of 1918) Guyana Geology and Mines Commission Act (Act 9 of 1979) Lands and Surveys Commission Act Sea Defences Act Mining Act Municipal and District Councils Act (Cap. 28:01 Act 24 of 1969 and amendments): Use of land within municipalities as defined Drainage and Irrigation Act Local Democratic Organs Act (Act 12 of 1980). Certain land uses within the boundaries of Local Democratic Organs Geological Survey Act (Cap, 59:02 Act 6 of 1918) 5.2 Policy 150. There is no single policy document in Guyana which substantiates the requirements of the three Conventions. The policy landscape is made up of two main policy documents (the NDS and the PRSP) and a number of action plans, which when reviewed and compiled, provide some foundation for the realisation of the Conventions goals (see Table 6). The main anchor on which many of the environmental policy rests in Guyana is the sustainable use of the environment. Page 55 of 113

56 Table 6 Interface between existing national policies and Conventions UNCBD UNCCD UNFCCC The National Strategy for the Conservation and Sustainable use of Guyana s Biological Diversity Y National Biodiversity Action Plan Y Y National Environmental Action Plan Y Y Y National Forestry Action Plan Y National Forest Plan Y Y Fisheries Management and Development Plan National Mangrove Action Plan and the draft code for utilization of Mangroves Y Y Y Integrated Coastal Zone Management Plan Y Y Y Guyana Integrated Natural Resources Management System National Development Strategy Y Y Poverty Reduction Strategy Paper Y Y Climate Change Plan Y Y National Ecotourism Development Plan Y Y Guyana Sustainable Development and Health Project. Y 151. At the international level, cross-cutting policy is guided by the principles of sustainable use, conservation, adaptation and mitigation As the implementation of the Conventions in Guyana is given priority, outdated policy instruments will have to be revised and revisited to ensure that they reflect policy issues related to the Conventions. The decision will have to be made on the most effective and efficient manner of integrating, whether through a new instrument which updates and revises all other documents or whether through revisions of the main policy instruments. At the same time, as new policy instruments are developed, these can integrate the cross-cutting Convention concerns. These instruments include the Land Use Policy and the National Water Use Policy Two national policy instruments should be considered, namely the National Development Strategy and the Poverty Reduction Strategy Paper. In their scope of coverage, these instruments provide a matrix of policy issues on which environmental considerations can be based. Convention objectives are, however, not easily identified as a single focused instrument. 13 This policy is mandated by the WATER AND SEWERAGE ACT, ACT NO.5 OF 2002 Page 56 of 113

57 154. The NDS s provisions can be found in the objectives and strategies for the following sectors: environment, information and technology, energy, sugar, rice, agriculture and non traditional agriculture, forestry, fisheries 14, land use and planning, water, mining, land, housing and indigenous peoples The environmental plans as articulated by the EPA are the strongest policy anchor. However, policy overlaps should be avoided as noted in the NDS under sections dealing with water policies which are relevant to both climate change and land degradation Under the heading of Drainage and Irrigation, the following policy issues are noted at paragraph 15.II This is illustrative of some of the constraints faced at a wider national level. There are too many agencies with a role to play in the management and operation of Guyana s drainage and irrigation systems. In addition, the institutional framework is characterised by a lack of clear policy objectives, inadequate supervision and coordination, multiple overlapping jurisdictions, significant variations among Regions in organisation and effectiveness, and imprecise roles of the various agencies. The institutions also differ in professional capability, in their knowledge and utilisation of modern technology, and in their managerial infrastructure Affirmative actions must be taken in these areas to combat these policy gaps and overlaps The following cross-cutting policy issues are also considered in this section of the report: Poverty reduction Integrated ecosystems, plant conservation and protected areas management Information gathering, management, storage and exchange National and international funding Economics, trade, incentive systems and instruments Poverty reduction 159. Poverty reduction has been identified as an important national priority for Guyana and must be examined in all policy frameworks in all sectors. The linkages between poverty and the environment are critical. These linkages, however, do not appear clearly in the Poverty Reduction Strategy in Guyana. There is a foundation in the Constitution of Guyana which provides a useful platform to integrate environmental and particularly Convention concerns within the PRSP of Guyana. The present fragmented framework is highlighted under this subject head in Annex C The critical action necessary for this cross-cutting issue is to refine in manner in which environmental concerns are integrated into the PRSP of Guyana. In addition, recognition of developing access and benefit-sharing legislation and community-based by-laws is needed Integrated ecosystems, plant conservation and protected areas management 161. This is an area of considerable importance from an overall policy perspective in Guyana as well as in the functioning of many environmentally-related and conservation institutions in Guyana. These areas III.1.21 A mangrove protection and management plan will be formulated in consultation with the concerned coastal communities, and implemented with their cooperation. 15 It was noted in the NDS that 15.IV.19 The priority for the maintenance and repair of sea defences, until the system becomes routine and all sea defences are intact, will be based on the areas along the coastland that require immediate protection. Land use and shallow foreshore levels will be the main criteria used for selection, with housing areas being afforded the main priority. These areas will include the Essequibo Coast between Supenaam and Maria s Delight, Wakenaam, Leguan, East Bank Essequibo, East and West Demerara and No. 78 and No. 83 on the Corentyne Coast. Page 57 of 113

58 are reflected in the work of CI, Iwokrama, the EPA, the GMTCS and others. This is also an area in which there has been considerable work and research at the international levels For Guyana, these are areas in which there is need for more policy development as well as legislative support for the policy initiatives. In developing these decisions, strategies and reports at the international level will also prove instructive There are many laws which are applicable in various ways, with varying policy mandates. These mandates should be revisited in an effort towards the streamlining of objectives At present, there is no single policy instrument in Guyana which supports the cross-cutting issue of integrated ecosystems, though the importance of the ecosystem approach is recognised. Institutional mandates are created within specific lands and protected areas. A coordinated and mutually supportive national policy instrument would be needed to address this particular issue International decisions provide some insight into the new approach to addressing this issue. These decisions include CBD COP Decision VIII/27 Alien species that threaten ecosystems, habitats or species (Article 8 (h)): further consideration of gaps and inconsistencies in the international regulatory framework, CBD COP Decision VIII/24 Protected Areas; VII/28; Protected areas (Articles 8 (a) to (e)) The institutions relevant to the development of a policy in this regard for Guyana must include the EPA, the GFC, Iwokrama, Amerindian Village Councils, the NPC as well as CI The current policy base for plant protection (though not plant conservation sensu strictu) in Guyana is supported by the PLANT PROTECTION ACT CAP 68:03. This Act seeks to control cultivation and harvesting, and transportation of plants. It also establishes a mechanism for dealing with infected areas. It also serves to regulate the prevention, eradication and control of diseases affecting plants. Critical to the scope of policy measures is the definition of plants to include any tree, shrub, herb or vegetable; any cutting, bulb, bud or graft; and fruit or any other part of any plant The institutional structure created under this Act includes the Minister with powers under Sections 3, and 4, section 16. A regulation-making power is also provided for which allows for regulations for prohibiting, restricting the importation into Guyana of any plant, vegetable organism or package A linkage can be created where monitoring is concerned with the use of officers empowered to act under this Act. These include the Plant Protection Officer - Sections 6 and 7, the Chief Agriculture Officer Section 4. The powers are supported by provisions for a Prohibition of Importation Order which is administered by the Comptroller of Customs with a certificate from the Chief Agriculture Officer Plant conservation differs from plant protection and as such the policy mandate of this Act is an insufficient foundation on which to promote a system of plant conservation. The modern direction in this area at an international level can be found in UNEP/CBD/SBSTTA/9/14/Add.2 Implementation of the Global Strategy for Plant Conservation Annex III contains targets of this global strategy There is also no specific law enacted or policy developed to provide for the management of protected areas in general. However, as work continues within pockets of protected areas, it will be necessary for an overarching national policy to be developed. The development of this policy may be the first step in addressing the fragmented legal framework which currently exists. 16 Decisions on plant conservation. UNEP/CDB/SBSTA/9/14/Add.2 IMPLEMENTATION OF THE GLOBAL STRATEGY FOR PLANT CONSERVATION. Invasive Alien Species Decisions. UNEP/CBD/SBSTTA/9/15 INVASIVE ALIEN SPECIES: IDENTIFICATION OF SPECIFIC GAPS AND INCONSISTENCIES IN THE INTERNATIONAL REGULATORY FRAMEWORK Page 58 of 113

59 5.2.3 Information gathering, management, storage and exchange 172. This will be critical for a number of reasons. One such important reason is to provide a sound basis for the determination of policies. It cannot be disputed that information allows for better policy decisions to be taken with a more integrated perspective. To be useful, however, information should be, inter alia, relevant, reliable, timely, standardised, and inter-operable In relation to the Conventions, there are three primary institutions with information mandates. These are the Iwokrama communications and information unit, 17 Hydromet 18, and the EPA The database of the Hydromet is intended to provide information for research and development, planning and environmental impact assessments and the status of water resources. This is a critical information source which should be optimized and utilized It should also be noted that the GGMC, the GFC and the GLSC also possess mandates in this area and should therefore be included in any mechanism developed to deal with information gathering, management storage and exchange National and international funding 176. This is an issue which will be critical to the implementation of any action plan to address crosscutting issues. There is no policy instrument designed to obtain funding under the Conventions. This gap can be explored by examining Convention mechanisms which are geared towards addressing this issue These decisions include for example UNFCCC Decision 10/CP.7 funding under the Kyoto Protocol, UNFCCC Decision 7/CP.7 funding under the Convention and UNCBD COP Decision VIII/13. Review of implementation of Article 20 (Financial resources) and Article 21(Financial mechanism) Funding is also an issue which is relevant to the EPA and Iwokrama. The Iwokrama Act provides a specific mechanism to address this particular issue The importance of this issue is seen in the priority given as well as from the responses received in the consultation process. It has been acknowledged that strategies should be developed to integrate Convention issues into the work plans of agencies thus allowing budgetary allocations to support addressing these issues It was further suggested that a National Environmental Trust Fund be established. Similar funds exist in the developed world and the modalities of a fund of this nature should be explored for a developing country such as Guyana. It will be important to determine the sources of finances to be included in the Fund as well as the activities on which the finances of the fund will seek to address. 17 Created under THE IWOKRAMA INTERNATIONAL CENTRE FOR RAIN FOREST CONSERVATION AND DEVELOPMENT ACT Schedule 2 Agreement between the Cooperative Republic of Guyana and the Commonwealth Secretariat establishing the Iwokrama International Centre for Rain Forest Conservation deals with this area in Article 6(2). Article 13 further established the Communications and Information Unit of the Centre. The unit is established for the purpose of providing access to, and disseminating information, relevant to the work of the centre. 18 Established under this Act by section 8 of the WATER AND SEWERAGE ACT, ACT NO.5 OF Section 11 of the Act establishes the Hydrometeorological database. This database should include a hydrological information system, a climate and weather information system and a ground water information system. 19 In particular, the functions of the Agency: Section 4(3)(c) and (d) ENVIRONMENTAL PROTECTION ACT, 1996 Section 4(3)c. carry out surveys and obtain baseline information on the natural resources including ecosystems and micro eco-systems, population counts, species identification, location and condition and make such surveys, studies and information available to members of the public at their request and upon payment of the cost of photocopies; Section 4(3)d. provides general information to the public on the state of the environment by regular reports produced at least annually. Page 59 of 113

60 5.2.5 Economic, trade and incentives systems and instruments 181. Economic development is an important policy objective in Guyana, since it seeks to develop and implement a favourable environment for both national and international trade. The recent development of a National Competitiveness Strategy highlights the importance of economic and trade developments Noticeably absent from the competitiveness strategy are environmental considerations and concerns. The increasing importance of this issue at an international level is highlighted in Annex C under this subject heading. The lesson that Guyana appears to be learning is that environmental considerations must not be sacrificed on the altar of economic expediency. Trade policies should be developed to balance trade with environmental issues and concerns. The importance of the roles of the GNBS, CDC and the MoFA are recognised here It is suggested that as The INVESTMENT ACT NO. 1 OF , which is seen as a primary enabler of trade in Guyana, is improved for competitiveness environmental considerations must be part of the revised structure under the Act The implications of the Kyoto Protocol and WTO commitments should not be overlooked. It has been identified that liberalization of trade and protection of the environment can produce results which are contrary to WTO rules 21. Guyana should therefore bear its WTO commitments in mind as it proceeds to implement treaty obligations as well as on going collaborations with the World Trade Organisation Secretariat and the World Intellectual Property Secretariat will also assist in addressing this issue. This collaboration is also occurring at the international level as revealed in UNEP/CBD/SBSTTA/9/3 19 June 2003 PROGRESS IN THE IMPLEMENTATION OF THE WORK ON CROSS-CUTTING ISSUES Paragraphs 29(d) and (g) The economic impact of climate change should not be overlooked. It is noted that climate change is one of the main interests of Hydromet and the GEA. This has been noted in FCC/SBSTA/2002/INF.16. COOPERATION WITH RELEVANT INTERNATIONAL ORGANISATIONS Cross-cutting thematic areas and activities under the UNCCD, UNCBD and UNFCCC It should be noted that dealing with this cross-cutting issue at the international level has involved some of the following bases for actions which filter into the Guyana action plan thereon. These include actions to: adopt economically and socially sound measures that act as incentives for the conservation and sustainable use of components of biological diversity; remove policies or practices that create perverse incentives that lead to the degradation and loss of biological biodiversity; ensure that mitigation measures do not affect the livelihoods of other communities and applied in a manner consistent to international law; create opportunities for the private sector involvement in the environment and economic decisions; initiate a structured, transparent and inclusive preparatory process for an in-depth review of work on incentive measures; and encourage relevant national, regional and international organizations and initiatives to strengthen mechanisms that build capacity and extend research and training and design, implementation and review of positive incentive measures for the conservation and sustainable use of biodiversity. 20 See Annex C for the present structure of the Investment Act 21 See for example Impact of Trade Liberalization on the Environment in Developing Countries: the case of Nigeria Mete Feridun Journal of Development Societies 22(1): Climate Change, Regulatory Policy and the WTO: How constraining are trade Rules? Andrew Green University of Toronto Faculty of Law Legal Studies Research Paper No Page 60 of 113

61 5.3 Institutional Institutional framework 187. THE CONSTITUTION OF GUYANA in Article 149J(2) states The State shall protect the environment, for the benefit of present and future generations, through reasonable legislative and other measures designed to (a) prevent pollution and ecological degradation; (b) promote conservation; and (c) secure sustainable development and use of natural resources while promoting justifiable economic and social development A constitutional mandate and duty is cast on the state to create the institutions, structures and frameworks necessary for the implementation of the Conventions As the legal and regulatory framework suggests there are several institutions which will be relevant to the implementation of the objectives of the Conventions. The list of stakeholders prepared as part of this process supports this conclusion The institutional framework through which Guyana s commitments to the Conventions will be enacted can be illustrated with some of the responses to the questionnaires. Institutions (or organisations) indicated what their overall mandate was, what national policy instruments guided them, how the aims, objectives and provisions of the Conventions informed their strategies and priorities and what their specific responsibilities were (as each organisation perceived them) towards fulfilling Guyana s obligations to the Conventions (see Annex E) The mandates of institutions are, perhaps not surprisingly, rather sector-focused so that, for example, GGMC is charged with promoting interest in mining and developing mining potential; GLSC manages public lands and formulates land-use policy and plans; GFC is responsible for the administration and management of all State Forest land, and so on. Of the state agencies, only the EPA has a clearly stated responsibility across sectors with the environmental thread linking the activities of all the other stakeholder organisations Some institutions are steered by specific policy instruments (such as the National Energy Policy or the National Forest Policy) though most are guided by a range of broader policies that include the NDS, PRSP, NBAP and NEAP. In general, however, the specific aims, objectives and provisions of the Conventions do not directly influence the strategies and policies of stakeholder organisations (though CIG does support the GoG in achieving specific goals particularly related to protected area establishment and management) As a consequence, apart from the identified national focal points (EPA for UNCBD, GLSC for UNCCD and Hydromet for UNFCCC), institutions do not identify specific responsibilities that they have towards directly fulfilling Guyana s obligations to the Conventions. While, on the positive side, several stakeholder organisations are involved in environmental activities that may incidentally contribute to Convention goals, the lack of clear mandates and responsibilities hampers a coordinated and synergistic strategic response to the Conventions. Further, the critical role of the EPA, under the current framework, in undertaking specific activities, as well as in coordination and guidance, is emphasised. Figure 1 highlights the current nature of information flows both nationally and internationally. It illustrates that opportunities exist within the national framework to mirror international approaches to cross-cutting issues The critical need, therefore, emerges to streamline key institutions to ensure the optimal use of limited resources. The framework to address these will be examined in the section of this report which deals with institutional synergies. Page 61 of 113

62 United Nations UNEP SECRETARIAT UNDP Ministry of Foreign Affairs Convention Signature Convention Secretariat UNCBD Convention Secretariat UNFCCC Convention Secretariat UNCCD Cross-Cutting Issues Working Groups and Technical Groups National Focal Point Environmental Protection Agency National Focal Point Hydrometerological Department National Focal Point Guyana Lands and Surveys Department Natural Resources Council Other National Stakeholders Convention Related Activities Convention Related Activities Convention Related Activities Opportunities for National Synergy Potential Area of Linkage Established Linkages Figure 1 Established and potential linkages among stakeholder institutions 195. Several additional factors will also influence the institutional structures which are put in place to address Convention issues. The Institutions which are critical stakeholders are either departments in the Traditional Public Service, Statutory Bodies or Semi-autonomous Agencies. Guyana has embarked on a staged reform of the service and these bodies. This is under the Public Management Modernisation Programme (PMMP). This new vision for the public sector will be the backdrop against which institutional strengthening to address Convention issues will be operating. The words of the vision support some of the linkages and synergies necessary to realise Convention objectives within Guyana The vision reads: The Guyana Public Sector aims to be a results-driven, customer focussed institution, recognised for its innovative leadership, integrity, and professionalism in promoting socio-economic stability and sustainable development in Guyana. It will attract and retain highly motivated qualified personnel who will partner with stakeholders to provide quality services that exceed the public s expectations in the pursuit of poverty reduction and national development 197. The vision seeks to address a number of the institutional weaknesses identified among stakeholders, particularly attracting and retaining highly motivated qualified personnel. It is accepted that to effectively address Convention issues requires technical skills. The articulation of this vision of the PMMP, provided it is informed by the relevant Convention concerns, will provide a useful manner to address the institutional weaknesses identified. Page 62 of 113

63 5.3.2 Public awareness, participation, training, education and research 198. The priority cross-cutting issues public awareness and participation, training, education and research, which can be grouped together, will be critical to the success of Convention implementation. These have been identified as critical national priorities and the lack of activities in these areas can possibly account for the low awareness of Convention related issues and activities. The overall success of this project as well as Convention related activities require a robust action plan under this heading. This will therefore be a critical area for action Work on these particular cross-cutting issues is supported both within the various Conventions as well as through the decisions of the Convention. 23 Plans of action have been developed to meet the shortcomings in this area At the present time, many stakeholders are involved in activities under this head, and it will be important to further strengthen these mandates and develop appropriate programmes to address the issues hereunder The strategy of awareness must be both an internal one as well as an external one. The awareness within institutions and stakeholders needs to be strengthened as revealed in the consultation process. It is important that the awareness also be shared among the institutions thereby allowing for a more harmonised and informed approach to issues addressed by the Conventions and stronger inputs from the institutions in dealing with issues Traditional knowledge 202. The legislative basis in Guyana is insufficiently developed. However, a foundation is provided in the provisions of the AMERINDIAN ACT 2006 ACT NO.6 OF Several provisions in this Act seek to recognise the importance of traditional knowledge and protect it from exploitation. Section 13(1)(i) places the function of protecting the Village s intellectual property and traditional knowledge in the hands of the Village Council Section 14(1)(m) empowers the Village Council to make rules for the protection of intellectual property and traditional knowledge. There will be a need for increased capacity within the Councils to develop these rules. In implementing these rules it will also be important to amend the PATENT AND DESIGNS ACT CAP 90:01, in particular the requirements for patentability of an invention Traditional knowledge is specifically dealt with under some Articles of the UNCBD and the UNCCD. For example, the UNCBD Article 8(j) In-situ conservation states: Subject to its 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 biological diversity and promote their wider application with the approval and involvement of the holders of such knowledge, innovations and practices and encourage the equitable sharing of the benefits arising from the utilization of such knowledge, innovations and practices The linkages that this issue provides will have to be further refined as capacity is added to Amerindian Village Councils to address the concerns of traditional knowledge. These will also be further informed by the work done by Iwokrama on the rules for benefit-sharing. 23 The activities at the international level are highlighted in Annex C Page 63 of 113

64 5.3.4 Technology development and transfer 207. There is no legal or policy mandate presently existing in Guyana to address this issue. As the priority of this issue is raised, it will have to be addressed. There is knowledge at the national level of the importance of this issue; it has however not emerged as a national priority. Annex C, under this heading, provides information which can inform the direction in which this issue can be developed Sub-regional, regional and international cooperation 208. Opportunities in this regard can be found at the Convention level as well as at the legal and regulatory level. Article 65 of the Revised Treaty of Chagauramas provides a regional mandate for environmental protection Further, at the Convention level, mandates can be seen under UNCCD Article 15 and ANNEX III REGIONAL IMPLEMENTATION ANNEX FOR LATIN AMERICA AND THE CARIBBEAN Articles 3, 4 and 5. The CARIBBEAN AGRICULTURAL RESEARCH AND DEVELOPMENT INSTITUTE ACT also supports the realisation of this issue THE IWOKRAMA INTERNATIONAL CENTRE FOR RAIN FOREST CONSERVATION AND DEVELOPMENT ACT also supports international cooperation. The relevant provision is found in Schedule The ENVIRONMENTAL PROTECTION ACT also places the responsibility on this issue on the EPA. Section 4(1)(k) places the responsibility on the Agency to establish and coordinate institutional linkages locally, nationally, regionally and internationally Guyana should keep fully abreast and participate in the initiatives which are occurring at the regional and sub-regional levels, in particular as CARICOM Member States seek to articulate a regional environmental policy It should also be borne in mind that being a member of the Amazonian Corporation Treaty, Guyana can also continue to benefit from this arm of regional cooperation Other cross-cutting issues 214. The contextual framework for the remaining priority cross-cutting issues (human resources, interagency collaboration and community-based natural resource management) is woven through the preceding discussion. However, each of these priority issues will be addressed specifically in the action plan. 24 The Agreement between the Cooperative Republic of Guyana and the Commonwealth Secretariat establishing the Iwokrama International Centre for Rain Forest Conservation. Page 64 of 113

65 6 Cross-cutting capacity constraints and opportunities for synergies 6.1 Description of Key Capacity Constraints 215. Detailed data on capacity constraints at the Convention level has been provided in the thematic reports. Here, the focus has been on identifying cross-cutting capacity constraints that are applicable to all three Conventions and which are commonly felt by key stakeholder organisations. Capacity constraints were investigated through the interactions with stakeholders through questionnaire responses, interviews and the focus group workshop Table 7 summarises capacity constraints/deficiencies among the nine questionnaire-respondent stakeholders. Table 7 Capacity Constraints/Deficiencies experienced across the thematic areas by key stakeholder organisations. (Legend: H High; M Medium; L Low. Count is number of institutions and Total Score is the total after allocation to each capacity constraint of 1 point for low, 2 for medium and 3 for high according to stakeholders responses). Constraints/Deficiencies H M L Score Lack of skilled manpower Inadequate financial resources Inadequate capacity to execute coordinated actions Barriers faced at systemic level during project implementation Lack of clarity on Convention specific requirements Inadequacies in legal and regulatory mechanisms Inadequate network with stakeholders Barriers faced at institutional level during project implementation Clearly, the two most serious constraints faced were lack of skilled manpower and inadequate financial resources (which when combined can exacerbate an inadequate capacity to execute coordinated actions). The issue of skilled manpower was raised repeatedly and is a rather complex issue. In many cases, the constraint is not so much in recruiting skilled manpower, as there is a relatively good pool of trained young persons in the country, but a problem of retention of key staff. This is linked to a range of causal factors that includes high rates of emigration, relatively low salaries, the perception that some organisations are slow to adopt new ideas and procedures and the feeling that opportunities for career development and advancement in the public sector, especially, are comparatively few. The net result is a generally rapid turnover of employees leading to a stratum of rather young and inexperienced professional staff with a short institutional memory Barriers at the systemic level were felt by some to hinder their Convention-related activities which were related in a general sense to regulatory and policy frameworks but were also linked to the coordination at a national level of Convention activities and the sub-optimal recognition and capitalisation of potential synergies Few specific capacity-building exercises directed to addressing Convention activities had been undertaken, though some training in environmental and planning fields had been conducted by most stakeholders. Page 65 of 113

66 220. Competencies required by stakeholders in order to discharge their current responsibilities ranged from the general (such as land-use planning, environmental management, resource evaluation, IT skills, project management and community participation) to the specific (such as water quality monitoring, soil management, ecosystem health measurement and reclamation of disturbed sites). In most cases, it was felt that not all competencies required were fully established in respective organisations. Furthermore, even existing competencies were not effectively directed towards Convention activities, though it was felt that with adequate resources and guidance, this could be relatively easily achieved. 6.2 Opportunities for Synergies Introduction to Synergies 221. In the context of the Conventions, synergy has been defined and used in the following context: a combined effect... that exceeds the sum of individual effects 222. For a developing country like Guyana with limited capacity and resources, synergy must be seen as an important priority in fulfilling its obligations under the Conventions and achieving the goals associated with sustainable development. Further, synergy is a useful tool in addressing the cross-cutting issues which have been identified Synergy can be explored 25 at different levels when addressing cross-cutting issues: Synergy in general decisions and recommendations which have been taken at the international level to promote and advance synergy Textual synergy synergy among the texts of the Conventions Issue-specific synergy synergies which have been suggested with respect to the cross-cutting issues identified Opportunities for synergy 224. There are a number of opportunities for promoting synergy among the activities addressing Convention obligations. These operate at the community, national, sub-regional and international levels At the national level, several factors affect synergy and present challenges which must be overcome. These include institutional requirements and structures, capacity requirements, national planning requirements and information and reporting requirements. The elements of each of these areas are examined in an effort to highlight the opportunities and tools which may best assist Guyana At the international level, UNEP/CBD/SBSTTA/11/18, 17 October 2005 GUIDANCE FOR PROMOTING SYNERGY AMONG ACTIVITIES ADDRESSING BIOLOGICAL DIVERSITY, DESERTIFICATION, LAND DEGRADATION AND CLIMATE CHANGE provides useful information on realizing the opportunities in this area. In particular, at the international level, these include: 25 Annex D contains a detailed introduction to the approaches and provisions of the Conventions which support general, textual and issue specific synergy. 26 Operationally, there is a great deal of overlap among the instruments. All need common, shared or coordinated institutions to turn their somewhat general requirements into action on the ground. These include coordination mechanisms to ensure that implementation of one Convention enhances (or does not conflict with) implementation of the others. All would benefit from sharing training methods and materials, and increasing the capacity of grassroots groups to support the Conventions at the local level. All require an information system, which would be developed more cost-effectively if it were shared by the other instruments as well as other users. Page 66 of 113

67 encouraging collaboration among national focal points as a key to fostering synergy at the national level through formal networks; collaboration at the level of the Convention bodies and Secretariats to promote policy coherence, enhance the provision of technical expertise and to enhance cooperation in achieving complementary objectives; capacity-building at the national level, as one of the essential elements for implementation; technology transfer at both the Secretariat and national levels through sharing of experiences, information, and identification of technologies of joint interest and relevance; and research and monitoring, including sharing of data Institutional requirements and structures 227. It has been noted that: In light of the commonalities of purpose and intention among the Rio instruments, there is a real opportunity for governments to provide a more intensive and enhanced attention to environmental and sustainable development efforts. To do so requires creating a new critical focus within the government, bringing together existing and creating when necessary institutions with diverse interests to work toward a set of shared goals The important lessons which emerge under this head are the following: Institutional structures must be goal oriented and goal specific. National Priorities must be supported by the institutional arrangements. Specific activities, such as the following, promote synergy among institutions: awareness raising education public participation research training data gathering and inventories The enabling environment, including appropriate framework legislation, delegation of authority, and leadership at the highest levels. Institutional options for implementation at the national level include: Cross-cutting national committee with a policy-making function. It will comprise all relevant government departments and other relevant stakeholders. Separate institutions with a coordinating mechanism. The present legislative structure of the EPA may meet this requirement. A single institution responsible for all instruments. In Guyana, it will be necessary to adjust legislative instruments which currently place respective Convention responsibilities with different agencies. Due to the importance of information flows, it will also be necessary to ensure adequate human capacity and institutional structures at the Regional and Community Levels. This may involve 27 Synergies in National Implementation, the Rio Agreements. UNDP (p. 20) Page 67 of 113

68 Regional Administrations and Amerindian Village Councils. The Councils are an important institution having regard to the scope of functions conferred by the Amerindian Act. Support at the community level must be supported by adequate resources both human and financial as well as legislative authority Institutional linkages currently emerging in Guyana cover many areas of collaboration cooperation and mostly these were described by the organisations themselves as highly or moderately effective. Nevertheless, there were some specific areas of poor interaction which were often the result of unclear or overlapping mandates and regulations. The need for a review of this with a view to harmonisation is thus emphasised. In addition, most linkages were not formalised (with the exception of an NGO that was party to several MoUs) which can limit the impact of synergies on the ground During the course of 2007, many of the objectives of the PMMP will be realised. Among the institutions that will benefit from pilot projects in this reform process include the GFC, the GLSC, the GEA and the NPC. As indicated, these institutions are critical and strategic in addressing Convention concerns. It is suggested that as these institutions are strengthened, 28 Convention concerns be integrated into the revised structures and mandates Other opportunities exist for institutional linkages both at the level of Policy and Planning as well as the operational level. The existing linkages should be strengthened and the current fragmented structures improved. At the Policy level, there is the NREAC of which most stakeholders are members. Convention issues can be effectively dealt within this structure Further existing linkages can be strengthened by the integration of coordinated Convention issues into the work plans and budgets of relevant Agencies (an example of a useful institutional linkage which can be explored is that between the EPA, the Ministry of Foreign Affairs and the Guyana National Bureau of Standards for mainstreaming and implementing environmental standards) Opportunities also exist within specific cross-cutting issues for institutional linkages. Examples are under the priority area of monitoring, information storage and exchange, and public awareness and education Monitoring can be linked by the personnel of the GFC, the GGMC and EPA working in a collaborative manner to examine environmental activities which are occurring. The activities of these officers can be fed into a system established for information storage and exchange. The activities of these officers can also serve to assist in the prosecution and enforcement of the law The integration of Convention issues into the curricula of training institutions is also an opportunity for linkage. These institutional linkages can start at the University of Guyana, EPA and NARI and be filtered to teacher training institutions, then ultimately into the curricula of schools Ultimately, collected and coordinated action is necessary to strengthen the current institutional structures in Guyana. This must be integrated into the overall restructuring of the institutions which is currently taking place Capacity building 237. This is an important objective of the NCSA project and should include relevant partners and stakeholders. This will ensure effectiveness in the participation in policies, plans and processes by which they are affected. 28 Strengthening is intended to address issues relating to training needs and programmes, IT/IS systems and competency analyses. Page 68 of 113

69 238. One of the first steps which must be undertaken is an assessment of the Guyana s existing capacities to execute the requirements of the Conventions, which is being accomplished by the NCSA. This assessment is guided by relevant indicators which determine, inter alia, the level of knowledge of the Conventions as well as responsibilities among different parties Experience suggests that in Guyana insufficient capacity exists to conduct activities related to: inventories, monitoring, and systematic observation; planning, policy development, and reform of legal frameworks; impact assessment and research, including participatory assessment; information and data management, including reporting; education and public awareness; and training The capacities which are needed for the implementation of the Conventions tend to be in the areas of human resources, infrastructural development and coordination and cooperation National planning requirements 241. This involves high level political commitment, anchored in overall national policy goals. The NDS and PRSP provide this anchor; however, these instruments do not fully provide the framework for Convention implementation. The Plan should also be nationally generated and supported by a clear legal mandate for its development. The plan will fail unless supported by a well-defined and designed public outreach and awareness programme Information and reporting requirements 242. It should be noted that Strong information systems equip a country to regularly assess its progress toward sustainable development, and to better define, guide and assess the implementation of its development policies. How can information systems and reporting mechanisms be designed to maximise synergy between the instruments, thereby optimizing their contribution to the sustainable development movement? In the realisation of this opportunity, it must be remembered that information gathering and analysis are critical to the effective working of the treaty mechanisms. Government should ensure that there is synergy in information systems, data management practices and information storage requirements. Currently in Guyana, the movement towards the integration on information and communications technologies across government Ministries (e.g. GINRIS) and bodies provides a useful platform on which this opportunity can be met. Part of the process must be the development and analysis of the data and information needs from the Conventions Further, the national structure for data and information gathering should be rationalised. Presently, the legislative mandate distributes this between the EPA, Hydromet and the GLSC, in Convention-related areas. It may also be important to determine the data providers as well as to develop policies for the use and preventing the misuse of data. A policy for the use of existing information is also important The above information provides some lessons which can be adopted to meet the opportunities for synergies offered by the cross-cutting issues. The lessons provided in specific sectors should not be 29 Page 39 Synergies in National Implementation, The Rio Agreements. UNDP Page 69 of 113

70 overlooked. Of emerging importance at the international level as well as at the regional level are the opportunities offered within the forestry sector for synergies. Page 70 of 113

71 7 Action Plan Framework 7.1 Preamble 246. This Action Plan is developed as an integral part of the NCSA process. It is intended to provide a basis for action on the cross-cutting priority actions identified in the analysis above. It is anticipated that its implementation and execution will lead to improvements in the management of cross-cutting issues in general, and therefore an overall improvement in progress towards accomplishing priority environmental targets At this stage, no attempt has been made to make direct individual connections between crosscutting issues and environmental priorities. This is not to deny linkages, or the what for of the capacity building actions identified (for example, see Table 5); on the contrary, it is intended that by tackling cross-cutting issues successfully, several specific environmental priorities will consequently be able to be more effectively addressed. Therefore, the fundamental objective of the action plan is to improve Guyana s overall standard of environmental management in general and its meeting of Convention objectives specifically. Furthermore, the specific actions identified under each priority cross-cutting issues have been crafted in such a way that, taken together, all of the specific environmental priorities identified will be addressed In must be noted that any cross-cutting action plan must take into consideration the plans which already exist within individual relevant sectors; in other words, that the plan should be synergised and harmonised with existing action plans. This will provide the best opportunity to utilise resources, avoid duplication of action as well as provide opportunities to streamline the cross-cutting action plan The action plan is also intended to be a vehicle to mobilise support for the issues covered under the Conventions at national, regional and international levels. It is to provide the basis for action on Convention issues among all stakeholders and, in particular, to secure the highest political commitment for its implementation and execution Principles which have guided the crafting of the action plan include the participatory approach, the ecosystem approach, the cyclical/adaptive approach and the precautionary principle The plan itself is prefaced by some recommendations of action towards addressing some of the fundamental cross-cutting issues such as institutions, infrastructure, planning, funding and implementation. This is then followed by two matrices (Tables 8 and 9) identifying specific actions for the identified cross-cutting priority issues. The first addresses those issues that are considered the highest priority and for which immediate action is required. The second provides recommended actions for each of the remaining priority actions which should be implemented in the medium- to long-term. For each action point, key organisations (termed strategic stakeholders) are identified which include, but are not restricted to, responsible and implementing agencies. 7.2 Action Plan Action on general cross-cutting issues - institutional 252. The current fragmented structure for addressing cross-cutting issues has proven ineffective in the implementation of the obligations of the Conventions. An appropriate institutional structure must therefore be explored. In determining this structure, critical issues and components will have to be explored including: the options for implementation must be explored and the appropriate mechanism determined; Page 71 of 113

72 examination and evaluation of existing mechanisms; creating an enabling legislative base; determination of scope and function; mechanism for multi-stakeholder participation; and funding and resources Action on general cross-cutting issues - infrastructure 253. Issues and components: options for implementation must be explored and the appropriate mechanism determined examination and evaluation of existing mechanisms creation of an enabling legislative base determination of scope and function mechanism for multi-stakeholder participation funding and resources Action on general cross-cutting issues planning, funding and implementation 254. Issues and components: review of international decisions analysis of international decision identification of national policy point of entry development of a methodology to incorporate considerations into existing plans review of existing plans political commitment legal and regulatory support public outreach inter-ministerial exchanges and information sharing stakeholder participation donor support mobilisation of financial resources both at the national, regional and Convention level secure increased parliamentary support and budgetary allocations for cross-cutting activities Page 72 of 113

73 7.2.4 Action on specific cross-cutting priority issues Table 8 Action on specific cross-cutting priority issues short-term priorities Priority Issue Action Point Strategic Stakeholders Human Resources 1. Review curricula of relevant subjects and courses at UG, GSA and schools EPA, MoE, CI Inter-agency collaboration and coordination Information gathering, management, storage and exchange 2. Conduct an skills needs assessment for Convention activities across key agencies to identify requirements and gaps 3. Investigate the causes of rapid turnover of key staff in agencies and make recommendations of incentives and other improvements to enhance staff retention 4. Improve the availability and use of relevant technology across all relevant organisations 1. Ensure that Convention items are on the agenda of the NREAC and that all relevant agencies and ministries are represented in discussions 2. Promote awareness-building among organisations of Convention obligations, responsibilities and activities 3. Harmonise work plans among relevant organisations and create better enabling environments for collaboration and synergies 1. Analyse data and information needs across Conventions (especially high priority areas for Guyana including GHG inventory, water management, response to climate change) 2. Develop protocols for information gathering, sharing and promote user-friendly data 3. Investigate the possibility of establishing a Convention(s) clearing house in Guyana (based on existing Convention mechanisms elsewhere) EPA, Hydromet, GLSC, GFC, GGMC, MoH, CI EPA, MoL All All EPA, Hydromet, GLSC, GFC, GGMC, MoH, CI EPA, Hydromet, GLSC, GFC, GGMC EPA EPA, Hydromet, GLSC, GFC, GGMC EPA 4. Develop TORs for a clearing house and establish funding and support mechanisms EPA, GLSC, Hydromet 5. Establish an interim web-based information storage and sharing mechanism EPA Page 73 of 113

74 Priority Issue Action Point Strategic Stakeholders National and international funding Ensure that poverty issues are central to all project proposals for international funding All 2. Investigate means of providing incentives for compliance with Conventions EPA 3. Include negotiation and business skills in delegations representing Guyana at international meetings (e.g. COP) 4. Improve portfolio of national project development and applications under the guidance of a central authority/secretariat EPA, MoFA EPA, MoFA 5. Establish and develop a National Environmental Trust Fund EPA, CI, WWF 30 Due to its particular importance, it is recognised that National and International Funding needs to be addressed in the medium- to long-term as well as the short-term. Page 74 of 113

75 Table 9 Action on specific cross-cutting priority issues medium- to long-term priorities Priority Issue Action Point Strategic Stakeholders Poverty reduction/community-based activities Training and education (human resource and capacity building) 1. Review the interface between poverty and environmental change particularly land degradation, climate change and biodiversity. 2. Integrate environmental issues further in the PRSP of Guyana and ensure that poverty reduction strategies are convergent with Convention obligations 3. Investigate livelihood options and income-generating activities that are appropriate and environmentally sustainable 4. Review opportunities for community-based activities and actions to contribute to Convention obligations 5. Review relevance of developing access and benefit-sharing legislation and community-based by-laws 6. Review the impact of disasters on poverty and communities and make recommendations for reduction and mitigation actions 1. Strengthen relevant institutions with a detailed programme of activities to address individual and institutional constraints 2. Increase training among sector agencies and national focal points All All EPA, MoAA, Amerindian NGOs, MTTC EPA, MoAA, Amerindian NGOs MoLA, EPA CDC All EPA, Hydromet, GLSC, GFC, GGMC 3. Source funding for activities and initiatives EPA, MoF 4. Review of job of descriptions, pay packages and other entitlements of employees All 5. Continue strengthening and support for the EPA and other agencies All 6. Develop knowledge and capacity of Amerindian Village Councils and communities MoAA, Amerindian NGOs Public awareness and participation 1. Develop a detailed and integrated programme of public awareness EPA, GLSC, Hydromet 2. Disseminate reports publicly regarding the state of the environment in Guyana and impacts of development EPA Page 75 of 113

76 Priority Issue Action Point Strategic Stakeholders 3. Increase linkages with the private sector, media and NGOs to increase education and awareness efforts 4. Introduce and continue student awareness and youth environmental participation initiatives 5. Develop a strong public awareness campaign to inform all relevant stakeholders of Convention obligations 6. Incorporate environmental studies into the curricula of schools and the University of Guyana All EPA, MoE EPA UG, MoE 7. Train trainers to deliver environmental related courses and information EPA, UG Research 1. Develop a comprehensive and cross-cutting schedule of research 2. Implement studies and assessments of the impact of activities that affect Convention related areas (including ex situ conservation, criteria and indicators for sustainable use of biodiversity, land degradation, freshwater management) UG, NARI, CARDI, IICA, IAST, GFC, CIG, WWF EPA, NARI, IAST 3. Share and coordinate research among relevant agencies and stakeholders All Development of law and policy 1. Review and upgrade critical legislation including the EPA Act and the Iwokrama Act MoLA 2. Coordinate and compile all laws which potentially allow for the creation and may govern protected areas MoLA, GLSC, EPA 3. Implement new legislation and or regulations regarding protected areas MoLA 4. Develop, if feasible, codes of practice for stakeholders All 5. Revise and improved intellectual property laws with emphasis on traditional knowledge and technology transfer 6. Review and explore the scope of rule-making contained in the Amerindian Act MoLA MoLA, MoAA, Amerindian NGOs Page 76 of 113

77 Priority Issue Action Point Strategic Stakeholders 7. Develop appropriate rules and guidelines for activities in Amerindian Communities MoAA, Amerindian NGOs 8. Develop and implement new regulations under the EPA Act EPA, MoLA 9. Consolidate and harmonise land use laws so as to avoid jurisdictional conflicts All 10. Include environmental concern in trade policy discussions MFTIC, MoFA 11. Develop agreements and other instruments to increase joint stakeholder participation All 12. Coordinate a cohesive system to address liability and provide for redress MoHA, EPA Monitoring 1. Increase collaboration among monitoring agencies All 2. Increase use of relevant technology in exercise of monitoring activities EPA, Hydromet, IAST 3. Develop relevant sector indicators and tools EPA, GLSC, GGMC, GFC Integrated ecosystems, plant conservation and protected areas management 1. Coordinate national efforts to identify priority conservation landscapes EPA, WWF, CIG 2. Investigate potential for ex-situ conservation of endangered plants EPA, NARI, GFC Land use and planning 3. Promote collaborative management initiatives for existing and potential protected areas 1. Increase formal collaboration among regulatory agencies EPA, MoAA, GMTCS, WWF, CIG, Amerindian NGOs OPM, GLSC, GGMC, GFC, MoA, CH&PA 2. Extend pilot integrated land-use plans into other Regions GLSC Page 77 of 113

78 Priority Issue Action Point Strategic Stakeholders Sub-regional and regional international cooperation Traditional knowledge Technology development and transfer 3. Finalise a National Land Use Policy and Development of a National Land Use Plan, taking in to account, inter alia, in situ conservation opportunities and freshwater management. 4. Undertake a comprehensive assessment of current land use practices and factors contributing to degradation. 1. Develop forum for exchange of experiences in implementation of Conventions EPA, WWF 2. Review role of CARICOM in supporting environmental policy development and facilitating cooperation 1. Research the role of traditional knowledge in environmental management and conservation 2. Make provision for traditional knowledge to be included in protected area planning and management 3. Develop means for traditional knowledge to be recognised and rewarded in prevention of land degradation and biodiversity conservation 1. Develop strategy for use of appropriate technology in land and resource management 2. Seek viable sources of funding and support for technological development 3. Provide mechanisms for appropriate support at the national and local level for technology transfer and use GLSC, GFC, GGMC, CIG, WWF GLSC, GFC, GGMC, UG EPA, CARICOM, MoFA EPA, UG, MoAA, Amerindian NGOs EPA, Iwokrama, CIG, WWF MoAA, Amerindian NGOs EPA, MoA, Hydromet, UG, IAST, GLSC MoF, OP, WWF, GOINVEST RDCs, IAST, NARI Page 78 of 113

79 8 Monitoring and Evaluation 8.1 The Conceptual Framework 255. The monitoring process will involve interaction among all components and activities and will be consistent with the planning and evaluation processes. It is also a process of continuous observation, supervision, revision and documentation of activities in relation to its context, objectives, expected results and the resources allocated. Finally, it will support the decision-making process, while advising on problems and deviations from objectives and expected results, as well as for taking advantage of opportunities not anticipated in the original plan. 8.2 Monitoring Systems, Instruments and Organisation 256. In addition to supporting decision-making concerning on-going activities, a monitoring system provides a record of information on objectives as related to needs, the methodologies and designs used, the resources used, the activities conducted, and the results achieved. This record should facilitate the preparation of reports for internal and external use. It will also contribute to an institutional memory of the Project, and thus supply information for evaluation and for planning future activities The monitoring system should include the following six essential components: collection of information; processing and analysis of information; information storage; production and distribution of reports; decision-making based on information collected; and actions to be taken Accordingly, data sets are required as follows: expenditures, disbursements, benchmarks and triggers, technical database, consultancies, detailed work plan, baseline data, contracts, survey information, progress reports sites and statutory, outstanding issues, procurement plan. The monitoring system is designed to assist in keeping focused on achieving implementation deadlines and planned outputs, developing the discipline of variance analysis particularly with respect to implementation deadlines and outputs and identifying the corrective actions to get projects back on track; assigning responsibilities for implementation; and ensuring that they are implemented Priorities must be established in terms of the type of information to be collected, processed and distributed. These should be established on the basis of user demands, on costs and on the feasibility of generating the information requested. In establishing priorities, the following questions should be answered: Why is monitoring being conducted? For whom is monitoring being done? What information is required? How should the information be circulated? 260. Monitoring instruments include: internal reviews - face-to-face communication for identifying and solving problems; Page 79 of 113

80 progress reports - quarterly, bi-annually, annual and final reports; and financial report 261. The financial reporting system will provide summary and detailed reports showing the current situation at a given date or for a given period One of the key aspects in the organisation of monitoring is defining responsibilities and associated decision-making. Monitoring is an integral part of the process of performance management at all levels individual, institutional and systemic The effectiveness of the monitoring system is defined in terms of the degree to which it fulfils its objectives. As a general rule, the monitoring system must be able to deliver useful information to internal and external decision-makers, generate adequate documentation on use of resources, activities and results and motivate and guide staff towards the attainment of priority objectives by means of feedback on decisions and actions taken. 8.3 The Frame of Reference for Evaluation 264. Evaluation is defined as part of the organizational process for improving on-going activities and providing support for future planning and decision-making activities. It is part of the cycle that begins with planning and monitoring. The following guiding principles must be emphasised as being critical to the process: Evaluation begins with the design of an activity with clear objectives and verifiable indicators of the achievement of those objectives. Adequate monitoring, recording and information mechanisms must be actively implemented during the programme. Evaluation has to situate the activity in the institutional, political, social and economic context in which it is carried out. Evaluation must clearly distinguish between the achievements of the objectives and the contributions of results to broader objectives Figure 2 illustrates the nexus between evaluation and monitoring and the sharing of some mechanisms There are three (3) types of evaluation to be used. These are classified as ex-ante, on-going and expost Ex-ante evaluation is used in the decision-making process in order to choose the best option or project from among several options. Ex-ante evaluations of projects should be carried out to establish which ones have the greatest chance of success. Ex-ante evaluation is recognised in supporting the planning process and helping identify low-cost, priority alternatives for allocating resources; assessing the importance of projects and the soundness of proposed methodologies; and avoiding duplications On-going evaluation, or supervision, generally centres on the implementation process and is related to the following activities: ensuring objectives and methodologies are still valid; reviewing the efficiency of the process, or checking that results agree with plans; determining the adequacy of inputs; calculating the probability of success; giving the feedback required to apply corrective or complementary measures that improve the project s development; and encouraging communication and co-ordination among implementing units Ex-post evaluation checks whether the new knowledge and technologies produced correspond to initially-established goals or present needs. It constitutes a critical analysis of achievements and results in Page 80 of 113

81 relation to proposed objectives, basic assumptions and strategies, and the use of resources. Ex-post evaluation is a process by which the things that have been proposed can be compared to what has really been achieved. It also identifies the reasons for satisfactory or unsatisfactory results. Ex-post evaluation also produces results and pertinent lessons for future or on-going activities, and these should provide feedback for the system and become useful indicators for the ex-ante evaluation. Figure 2 Nexus Between Monitoring and Evaluation Page 81 of 113

82 9 Annexes 9.1 Annex A Stakeholder list Table 10 Stakeholder list (* - formal response to questionnaire; - contributed to focus group workshop) Category I Category II Category III 1. Environmental Protection Agency* 2. Conservation International* 3. Guyana Energy Agency* 4. Guyana Geology & Mines Commission* 5. Guyana Lands & Surveys Commission* 6. Guyana Forestry Commission* 7. Guyana Sugar Corporation* 8. Hydrometeorological Service* 9. Central Housing and Planning Authority 10. Ministry of Health 11. National Parks Commission 12. Institute of Applied Science and Technology 13. National Agriculture Research Institute of Guyana 14. National Drainage and Irrigation Board 15. Iwokrama International Centre 1. Ministry of Foreign Affairs 2. Ministry of Agriculture 3. Caribbean Agricultural Research & Development Institute 4. Guyana Marine Turtles Conservation Society 5. Guyana Rice Producers Association 6. Mayor & City Council (Georgetown) 7. Ministry of Amerindian Affairs 8. Ministry of Education 9. Ministry of Finance 10. Ministry of Housing and Water 11. Ministry of Legal Affairs 12. Ministry of Local Government and Regional Development 13. Ministry of Tourism, Industry and Commerce 14. Office of the President (Advisor to the President on Environment) 15. OMAI Bauxite Co. 16. University of Guyana 17. Wildlife Division 18. WWF 1. Kaieteur National Park 2. Fisheries Dept. 3. Go-Invest 4. Guyana Manufacturers and Services Association 5. Guyana National Bureau of Standards 6. Guyana Revenue Authority (Customs) 7. Pesticides and Toxic Chemicals Board 8. Private Sector Commission 9. Sea Defence Page 82 of 113

83 9.2 Annex B - Indicative Reference Lists to Define Substantive Context for Capacity Development under Each Thematic Area 31 BIODIVERSITY 1. Effective National Biodiversity Planning. 2. Identification and Monitoring of components of biological diversity important for its conservation and sustainable use. 3. In-situ conservation of biological diversity. 4. Respect for and preservation of knowledge, innovations and practices of indigenous and local communities. 5. Ex-situ conservation of components of biological diversity, including for collection of biological resources from natural habitats for ex-situ conservation purposes. 6. Develop and introduce economically and socially sound measures that act as incentives for the conservation and sustainable use of components of biological diversity. 7. Establish and maintain programmes for scientific and technical education and training. 8. Promote and encourage understanding of the importance of, and the measures required for, the conservation of biological diversity. 9. Introduce appropriate arrangements to ensure that environmental consequences of relevant programmes and policies are subject of environmental impact assessment and that significant adverse impacts on biological diversity are minimized. 10. Develop and introduce appropriate measures to ensure safety regulations in handling living modified organisms resulting from biotechnology. 11. Develop and introduce measures regulating the access to genetic resources and to provide access for and transfer to other Parties of technologies that are relevant to the conservation and sustainable use of biological diversity. 12. Take legislative, administrative or policy measures, as appropriate, with the aim of sharing in a fair and equitable way the results of research and development and the benefits arising from the commercial and other utilisation of genetic resources. 13. Establish and operate clearing-house mechanism to promote and facilitate technical and scientific cooperation. 14. Implement Cartagena Protocol on Biosafety. 15. Access financial resources provided via the financial mechanism of the Convention and/or via other donors. 16. Other National Priorities. CLIMATE CHANGE 1. Institutional capacity-building, including the strengthening or establishment, as appropriate, of national climate change secretariats or national focal points. 2. Enhancement and/or creation of an enabling environment. 3. National communications. 4. National climate change programmes. 31 Extracted from A Guide for Self-Assessment of Country Capacity Needs for Global Environmental Management. GEF Page 83 of 113

84 5. Greenhouse gas inventories, emission database management, and systems for collecting, managing and utilising activity data and emission factors. 6. Vulnerability and adaptation assessment. 7. Capacity-building for implementation of adaptation measures. 8. Assessment for implementation of mitigation options. 9. Research and systematic observation, including meteorological, hydrological and climatological services. 10. Development and transfer of technology. 11. Improved decision-making, including assistance for participation in international negotiations. 12. Clean development mechanisms. 13. Needs arising out of the implementation of Article 4.8 and 4.9 of the Convention. 14. Education, training and public awareness. 15. Information and networking, including the establishment of databases. DESERTIFICATION/LAND DEGRADATION 1. Education and public awareness. 2. Transfer, acquisition, adaptation and development of environmentally sound, economically viable and socially acceptable technology 3. Training and technology regarding the use of alternative, renewable energy sources (aimed particularly at reducing dependence on wood for fuel). 4. Promotion of alternative livelihoods, including training in new skills. 5. Training of decision-makers, managers and personnel responsible for collection and analysis of data for disseminating and using early warning information on drought conditions, water resources and for food production. 6. Information collection, analysis and exchange (relevant short-term and long-term data and information; particularly to ensure systematic observation of land degradation in affected areas and to better understand and assess the processes and effects of drought and desertification). 7. Effective early warning and advance planning for periods of adverse climatic variation (provided in appropriate forms). 8. Research and development. 9. Technical and scientific co-operation in the fields of combating desertification and mitigating the effects of drought through appropriate national, sub-regional and international institutions. 10. Joint research programmes (also involving public and private sector) for the development of improved, affordable and accessible technologies for sustainable development. Page 84 of 113

85 9.3 Annex C Basis for Legal and Regulatory Framework APPROACH AND BACKGROUND The approach adopted in this section of the report is to first identify laws of Guyana as they may apply across the Conventions. This is followed by an identification of the legal and regulatory issues which are common to the Conventions (cross-cutting) such as: (a) the development and enforcement of law and policy; (b) monitoring; (c) integrated ecosystems, plant conservation and protected areas management; (d) land use and planning; and (e) liability and redress. As each of these issues is examined inadequacies, overlaps and opportunities for harmonisation are identified. The objective of harmonisation in this instance is to produce a more efficient legal mechanism in relation to the major environmental issues that are of both national and global importance. The global importance is highlighted in some instances as the particular cross-cutting issue is addressed. The major environmental issues for Guyana surround wider social and national imperatives. These imperatives include: human health and safety, incorporating water that is safe for human use, air that is safe to breathe and soil that is safe for agricultural purposes; ecosystems sustainability which implies conserving biodiversity and the terrestrial, atmospheric and aquatic habitats upon which they depend; and environmental and sustainability stature of Guyana in the global community. 32 The environmental issues in Guyana include conservation and sustainable use of biodiversity, mitigation, protection and sustainable use of natural resources and development. The legal and regulatory framework should, therefore, provide the enabling framework to allow these environmental issues to be addressed. This can be done through a framework which produces efficiency, predictability, transparency, effectiveness and clarity. They are affected by limitations in funding as well as in human capacity, limited expertise and information. Harmonisation in relation to environmental issues is seen as one of the solutions to overcoming the limitations, gaps and overlaps of a legal and regulatory framework. In environmental issues this is not an uncommon occurrence 33. The lessons indicate that harmonisation can take several forms including: harmonisation of definitions in laws; harmonisation of subject area and subject matter; harmonisation of environmental standards and harmonisation of monitoring and enforcement mechanisms. The forms through which this can be achieved include: review and amendment and extension of laws relevant to the subject area; enactment of new laws to cover emerging areas where extension of existing legislation is not possible; implementation of appropriate regulations which can cover the particular subject area; this can be useful where a general legislative mandate has been provided; 32 See page 5 of the Strategic Plan for the EPA 2005 to Other issues include: alleviating poverty through improvements to urban and rural environmental conditions and improving livelihoods through the sustainable management of natural resources; reducing vulnerability to natural disasters; an economy that is sustainable so far as it is dependent upon the quality and abundance of natural resources; preservation and enhancement of environmental and natural resource features which underpin the social and cultural values of indigenous peoples, other sectors of Guyana s society, aesthetics and items of national and historical interest 33 See Five-Year Review of Canada-Wide Accord on Environmental Harmonisation, October 2003 at Page 85 of 113

86 guidelines, rules, codes and best practices adopted by relevant institutional players in the particular area; binding and enforceable agreements between relevant stakeholders guided by appropriate principles; and non-binding operational understandings among affected agencies. The laws in Table 11 have been identified as being relevant to the Conventions, identified from the thematic assessment reports supplemented by additional research. Table 11 Laws of Guyana and potential impact on obligations of the Conventions Law UNCBD UNFCCC UNCCD 1. Acquisition of Land (Land Settlement Act; Cap. 62:06 Act 13 of 1957 and amendments) 2. Acquisition of Land for Public Purposes Act (Cap. 62:05, Act 31 of 1914 and amendments) 3. Acquisition of Lands (Act 2 of 1984 [Not Beneficially Occupied]) Y Y Y 4. Amerindian Act No. 6 of 2006 Y Y Y 5. Amerindian Land Commission CAP 59:03 Y 6. Animals (Control of Experiments) Act CAP 71:03 Y 7. Animals (Movement and Disease Prevention) Act No. 14 of 2003 Y 8. Balata Act CAP 69:03 Y 9. Caribbean Agricultural Research and Development Institute Act No. 6 of 1988 Y Y 10. Crops and Livestock Registration Act CAP 68:04 Y 11. Customs Act CAP 82:01 Y Y 12. District Government Act (Cap. 19:02, Act 27 of 1910 and amendments) 13. District Lands Partition and Re-allotment Act (Cap. 60:03, Act 16 of 1926 and amendments) Y Y 14. Drainage and Irrigation Act CAP 64:02 Y 15. Environmental Protection Act, Act No. 11 of 1996 Y Y Y 16. Export of Timber Act CAP 67:02 Y 17. Fisheries Act No. 12 of 2002 Y 18. Food and Drugs Act CAP 34:03 Y 19. Forests Act CAP 67:01 Y Y 20. Geological Survey Act (Cap, 59:02 Act 6 of 1918) Y 21. Guyana Forestry Commission Act (Act 20 of 1979) Y Y 22. Guyana Geology and Mines Commission Act (Act 9 of Y Page 86 of 113

87 Law UNCBD UNFCCC UNCCD 1979) 23. Guyana National Bureau of Standards Act CAP 90:16 Y 24. Guyana National Energy Agency Act, Act No.33 of 1997 Y 25. Guyana Natural Resources Agency (Act Ord. 37 of 1986) Y 26. Guyana Rice Producers Association Act CAP 69:01 Y 27. Guyana Sewerage and Water Act; Act No. 5 of 2002 Y 28. Hydroelectric Power Act (Cap. 56:03, Amended Act 1 of 1972) 29. Importation of Bees Act CAP 71:06 Y 30. Investment Act No. 1 of 2004 Y Y Y 31. Kaieteur National Park Act (Cap. 20:02 and amendments, Act 41 of 1929, amended by Act 4 of 1972, further amended in 1999 and 2000) 32. Guyana Lands and Surveys Commission Act, Act No 11 of Livestock Improvement Act CAP 71:01 Y 34. Local Democratic Organs Act (Act 12 of 1980) Y 35. Maritime Boundaries Act of 1977 CAP 100:01 (repealed in error by the Fisheries Act) 36. Mining Act (Act 20 of 1989, Act 34 of 1920 and amendments) 37. Municipal and District Councils Act (Cap. 28:01 Act 24 of 1969 and amendments) 38. National Agricultural Research Institute of Guyana Act CAP 68: National Parks Commission Act (Act 23 of 1977) Y Y 40. Occupational Safety and Health Act No.32 of 1997 Y 41. Patent and Designs Act CAP 90:01 Y 42. Pesticides and Toxic Chemicals (Control) No. 13 of 2000 Y Y 43. Plant Protection Act CAP 68:03 Y 44. Produce Protection Act CAP 68:08 Y 45. Public Health Ordinance Y 46. Sea Defence Act CAP 64:02, Sea Defences Act CAP 64:01 Y 47. State Lands Act (Cap. 62:01, Act 32 of 1903 and amendments) 48. State Lands Housing Acts; Y 49. State Lands Resumption Act (Cap. 62:02 Act 30 of 1905 and amendments) 50. The Iwokrama International Centre for Rain Forest Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Page 87 of 113

88 Law UNCBD UNFCCC UNCCD Conservation And Development 51. Timber Marketing Act CAP 67:04 Y 52. Title to Land (Prescription and Limitation) Act (Act 62 of 1952 and amendments) 53. Town and Country Planning Act (Cap. 20:01, Act 25 of 1946 and amendments) 54. Wild Birds Protection Act Cap 71:01 Y Y Y Y DEVELOPMENT AND ENFORCEMENT OF POLICY AND LAWS A stable, predictable legal and regulatory environment will be critical in realizing the objectives of the Conventions. Obligations in this regard can be found in various articles of the Conventions. In Article 8(k) of the UNCBD, parties commit themselves to: develop or maintain necessary legislation and/or other regulatory provisions for the protection of threatened species and populations. UNCCD Article 5 Article 5(e): in addition to their obligations pursuant to Article 4, affected country Parties undertake to: provide an enabling environment by strengthening, as appropriate, relevant existing legislation and, where they do not exist, enacting new laws and establishing long-term policies and action programmes. At the level of the UNFCCC it is recognised that States should: enact effective environmental legislation, that environmental standards, management objectives and priorities should reflect the environmental and developmental context to which they apply, and that standards applied by some countries may be inappropriate and of unwarranted economic and social cost to other countries, in particular developing countries As the legal review indicates there is a need for a review, amendment and other reforms of the fragmented laws which govern in order to make them more synergetic and harmonised. In developing a legal framework, some of the challenges for establishing a mechanism for liability and redress should be considered including legislative review and the impact of case law. UNEP/CBD/COP/8/27/Add.3 provides some guidance in this process MONITORING The ENVIRONMENTAL PROTECTION ACT, 1996 Section 4(1)(d) gives the agency the power to establish, monitor and enforce environmental regulations. The Regime under Part VII of the Act for environmental impact assessments and authorisations provides a framework for the discharge of this particular function. The Planned Environmental and Natural Resource programme should be examined Page 88 of 113

89 and executed to ensure utility with the programmes of other institutions and to avoid overlaps and gaps. 34 There are likely to be gaps based on the purposes for which the programme is articulated to address. The WATER AND SEWERAGE ACT, ACT NO.5 OF 2002.The Hydrometeorological Department established under this Act by section 8, is a critical body. This National Focal Point on climate change (section 8(2)(b) is charged with establishing a national monitoring system (Section 9) as well as establishing a mechanism for the monitoring of water resources (Section 10). Here again inter-operability with the existing mechanisms is important. This focal point is very conscious of its responsibilities and mandates under the UNFCCC. It has also carried out significant activities to comply with the UNFCCC mandate. The challenges need to be addressed are the low salaries, the need to recognise the technical nature of the skills required in the department, particularly within the structure of the Public Service and increased personnel to assist in the discharge of convention mandates. THE IWOKRAMA INTERNATIONAL CENTRE FOR RAIN FOREST CONSERVATION AND DEVELOPMENT ACT. This act limits the monitoring role of the centre to demarcated and designated areas. Under this Act Monitoring occurs in several ways and in several limited physical locations. The provisions include: The areas demarcated and allocated to the Wilderness Preserve shall be managed in accordance with the rules made by the Centre, and in consultation with the Minister, shall be responsible for the protection and integrity of the area. The areas demarcated and allocated for the sustainable utilisation of the multiple resources of the tropical rain forest shall be managed by the Centre. The Centre may grant permission for the utilisation of the resources within the areas demarcated for the sustainable utilisation of the multiple resources of the tropical rain forest. No project for the utilisation of the resources of the areas demarcated for the sustainable utilisation of the multiple resources of the tropical rain forest shall be allowed without there being a regime for its sustainable management, agreed with the Centre and established as a compulsory condition for its implementation. Projects undertaken within the demarcated and allocated areas for the sustainable utilisation of the multiple resources of the tropical rain forest shall apply the research results and recommendations to ensure that the resources of the areas are utilised on a sustainable basis. GUYANA GEOLOGY AND MINES COMMISSION ACT (Act 9 of 1979); This Act does not contain provisions expressly related to environmental considerations. This, however, does not limit the potential functions of the Guyana Geology and Mines Commission under this area. In discharging its enforcement functions under section 4(3) it is possible that environmental considerations when incorporated into mining licenses and leases can be monitored and enforced by the Commission. The Commission should, therefore, be included in any monitoring mechanism which is established. The close relation and incorporation of the Commission into the Mining Act will also serve to augment the regulatory functions of the Commission See Plan Outcome Monitoring: environmental and natural resource monitoring programme will be operating that will make quality-assured information accessible to stakeholders. Strategic Objectives: the strategic objectives will have been achieved presuming the participation and cooperation of a number of stakeholders. 1. A monitoring structure and implementation plan, developed by participating agencies and linking their pertinent data bases, will be in place to monitor: trends in biodiversity; trends in surface and ground water quality and quantity; air quality and meteorology; soil quality; land use; and, information on major natural resources e.g. forestry, agriculture and fisheries 35 See the National Development Strategy paragraph 16.IV.3.2 In addition, GGMC will make inspections on a continuing and regular basis to assess the state of the art in mining and milling technologies, with the aim of ensuring that the most appropriate Page 89 of 113

90 MINING ACT (Act 20 of 1989, Act 34 of 1920 and amendments). Environmental Regulations have been promulgated under this Act. These regulations contain provisions regarding mining activities which provide an opportunity for harmonisation with existing environmental regulations. GUYANA FORESTRY COMMISSION ACT No. 2 of Section 4(1)(f) incorporates environmental consideration in the discharge of the functions of the Guyana Forestry Commission in the management and development of forests, national parks, wildlife areas and nature preserves. The functions of the Commission are not intended to derogate from those of other institutions. This area is a potential area in which the functions of the commission may overlap with those of other bodies. This is an opportunity for harmonisation of functions through agreements. The functions of the Commission are also enhanced by the provisions of the Forests Act. The Forests Act, in addition to augmenting the functions of the Guyana Forestry Commission, provides for the officers of the Commission to monitor certain activities in relation to forests and forest produce. This act also empowers forest officers and constables to police and enforce certain provisions of the Act. 36 It is suggested that capacity be developed among these officers to also monitor environmental related activities within forests POVERTY REDUCTION Current Status The PRSP is directly linked to the NDS in the areas of economic policy, good governance, infrastructure development and improvement in social services with the objective of reducing poverty. However, the NDS has limitations which are addressed in the PRSP. 37 The environmental and sustainable components of the PRSP are however not fully articulated to meet the short-comings of the NDS as it relates to the Conventions. Poverty reduction is a significant cross-cutting issue and its linkages should be explored. Useful recommendations which emerge from the report relevant to the Conventions are contained in the economic opportunities in agricultural production and productivity. These include the establishment of and enforcement of road use standards in agricultural and mining areas and the development of a policy on demarcation of crop/livestock farming. In the area of health, water and sanitation the opportunity is seen in the increased enforcement of laws on environmental safety. Several priorities emerged from the consultation process of the PRSP; the ones relevant to the Conventions are in the area of water and sanitation, specifically improved solid waste management. Environmental protection however emerges as one of seven crucial pillars on which poverty reduction rests; to this end implementation of the Conventions can be integrated on this pillar of the strategy. This thereby provides additional policy support for the implementation of the Conventions. The 2005 progress report on the PRSP has raised the profile of the environment with the specific inclusion of a section on this issue. 38 The link to poverty reduction and the environment is also an important issue internationally. This is seen in the UNCCD Article 17(1)(e) and Article 4 UNCCD Annex III REGIONAL IMPLEMENTATION ANNEX FOR LATIN AMERICA AND THE CARIBBEAN. Environmental concerns are becoming a critical element to be integrated into Poverty Reduction Strategies. and up-to-date environmentally-friendly methods are utilised in Guyana. In mining contracts, fines for incidents of negligence such as the collapse of tailings dams will be significantly increased. 36 See Sections 27, 28, 29 and 34 of the Forests Act. 37 See page 12 of the PRSP 38 See page 36 of the Poverty Reduction Strategy Progress Report 2005 Page 90 of 113

91 Policy mandates are often influenced and supported by an enabling legal framework. It should be noted that a short-coming of the present legal framework in Guyana is that there is no expressed document on which poverty reduction and environmental issues can be seen to have a legal mandate. The Constitution provides the best basis. These are found in Principles and Bases of the Political, Economic and Social System Article 40(1) Fundamental Rights and Freedoms of the Individual Every Person in Guyana is entitled to the basic right to a happy, creative and productive life, free from hunger, ignorance and want. Article 154A(1) Protection of Human Rights also assists in this regard. It provides: Subject to paragraphs(3) and (6), every person, as contemplated by the respective international treaties set out in the Fourth Schedule to which Guyana has acceded is entitled to the human rights enshrined in the said international treaties, and such rights shall be respected and upheld by the executive, legislature, judiciary and all organs and agencies of Government Schedule 4 incorporates inter alia the International Covenant on Economic, Social and Cultural Rights. Of specific relevance is Article11 which states: The States Parties to the present Covenant recognise the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognising to this effect the essential importance of international co-operation based on free consent. 2. The States Parties to the present Covenant, recognising the fundamental right of everyone to be free from hunger, shall take, individually and through international co-operation, the measures, including specific programmes, which are needed: (a) to improve methods of production, conservation and distribution of food by making full use of technical and scientific knowledge, by disseminating knowledge of the principles of nutrition and by developing or reforming agrarian systems in such a way as to achieve the most efficient development and utilization of natural resources; (b) taking into account the problems of both food-importing and food-exporting countries, to ensure an equitable distribution of world food supplies in relation to need. Article 12 is also of assistance and provides that: 1. The States Parties to the present Covenant recognise the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. 2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for: (a) the provision for the reduction of the stillbirth-rate and of infant mortality and for the healthy development of the child; (b) the improvement of all aspects of environmental and industrial hygiene; (c) the prevention, treatment and control of epidemic, endemic, occupational and other diseases; (d) the creation of conditions which would assure to all medical service and medical attention in the event of sickness. Integration into environmental policy and poverty reduction with a supporting legal mandate are critical to addressing this cross-cutting issue. Page 91 of 113

92 ECONOMIC, TRADE AND INCENTIVES SYSTEMS AND INSTRUMENTS National Perspectives The INVESTMENT ACT NO. 1 OF This Act provides for fields open to investors in Section 5(1) Investors may invest in and operate enterprises in all fields of lawful economic activity including in particular, but not limited to agriculture, fisheries, and forestry Fields not open to investment are provided for in Section 6 Investors shall not invest in or operate investment enterprises which are prejudicial to national security, or detrimental to the natural environment. This incorporates environmental concerns with trade. Section 17 creates a freedom for an investor to import and export certain products. This section may come into conflict with laws and regulations which may be enacted to mitigate the effects of climate change. The obligation of investors to adhere to environmental, health and safety laws is contained in Section 29. The relevant institutional structure created under this Act include: Guyana Office for Investment under Section 39, the Export Promotion Council under Section 40 and the grouping and work of the Ministers Responsible for Finance, Industry and Foreign Trade. Provisions regarding economic, trade and incentives systems and instruments can be found in the three Conventions. For developing countries and economies in transition balance between economic incentives and environmental considerations will be critical to the overall sustainable economic development of the country. Guyana is no different in this regard. International Perspectives Provisions are made in : UNCBD - Article 11 Each Contracting Party shall, as far as possible and as appropriate, adopt economically and socially sound measures that act as incentives for the conservation and sustainable use of components of biological diversity. CCD - Preamble Considering the impact of trade and relevant aspects of international economic relations on the ability of affected countries to combat desertification adequately, and ANNEX III REGIONAL IMPLEMENTATION ANNEX FOR LATIN AMERICA AND THE CARIBBEAN Article 2 Particular conditions of the Latin American and Caribbean region: The Parties shall, in accordance with the provisions of the Convention, take into consideration the following particular condition of the region: the frequent use of unsustainable development practices in affected areas as a result of complex interactions among physical, biological, political, social, cultural and economic factors, including international economic factors such as external indebtedness, deteriorating terms of trade and trade practices which affect markets for agricultural, fishery and forestry products; Economic, trade and incentives systems and instruments have also been the subject matter of several decisions: CBD COP Decision VIII/25 Incentive Measures CBD COP Decision VIII/26 Incentive measures: preparation for the in-depth review of the programme of work on incentive measures VII/18 Incentive Measures (Article 11) VI/15. Incentive measures Decision VII/18 Incentive Measures (Article 11) Recognised the need to remove policies or practices that create perverse incentives that lead to the degradation and loss of biological diversity, or to mitigate Page 92 of 113

93 these perverse incentives, as a crucial element in national and global strategies to halt the degradation and loss of biodiversity and also Stressed that these incentives and mitigation measures should not adversely affect biodiversity and livelihoods of other communities, and should be applied in a manner consistent with international law. This report also contained an Annex [Proposals for the application of ways and means to remove or mitigate perverse incentive]. It is suggested that Guyana should take note of the outcome of these efforts to guide its programme of investment in the Guyanese economy with the aim of balancing environmental concern with economic growth. In COP Decision VIII/26.Incentive measures: preparation for the in-depth review of the programme of work on incentive measures. The Conference of the Parties to the Convention on Biological Diversity recognised that biodiversity and its resources and functions, as well as successful policies and programmes that protect or enhance them, provide important ecosystem services, including ecosystem services of regional and global importance, that need to be adequately recognised and taken into account in private and public decision-making. The Conference of the Parties further noted the importance of adopting economically and socially sound measures that act as incentives for the conservation and sustainable use of components of biodiversity. The importance of this creates an opportunity for private sector involvement in the environmental and economic decisions in Guyana. Further Guyana s environmental considerations would have an important impact within the context of the revised approaches to investment and competitiveness. It should be noted that with the benefit of foresight the CBD Conference of Parties: Having considered the challenges at the international level in furthering the implementation of the programme of work on incentive measures and noting the work undertaken by SBSTTA 10 and 11, and also noting the existing and emerging policy, legal and scientific issues at the national level, and Noting that the work on incentive measures under the Convention is scheduled for in-depth review by the ninth meeting of the Conference of the Parties, in accordance with the multi-year programme of work of the Convention adopted by the Conference of the Parties in decision VII/31, Decided to initiate a structured, transparent and inclusive preparatory process for the in-depth review of work on incentive measures with a view to identify, for consideration by the Conference of the Parties at its ninth meeting, the further outcomes that would be required from a revised programme of work on incentive mechanisms to meet obligations under the Convention and the requirements of Parties, and possible options for a future programme of work. Of importance to Guyana from this decision is the impact of positive incentive measures. The acknowledgement and participation in the scheme designed to tackle this issue will also be of importance to Guyana. These actions highlighted below provide useful guidance for tackling the issue of trade and economic incentives: Encourage relevant national, regional and international organizations and initiatives to strengthen mechanisms that build capacity and extend research and training on the design, implementation and review of positive incentive measures for the conservation and sustainable use of biodiversity, in accordance with domestic needs and priorities, taking into account the need to understand the risks of perverse effects on livelihoods, sustainable development or the biodiversity of third parties. Encourage relevant national, regional and international institutions and organizations, such as IUCN and the Organisation for Economic Co-operation and Development, as well as representatives of indigenous and local communities and relevant stakeholders, to strengthen research activities, including research cooperation and exchange at national, regional and international levels, on, as appropriate: Page 93 of 113

94 further assessment of positive incentive measures and their application at the national, regional and global levels, taking into account the context in which they were implemented, the conditions necessary for their success, as well as the ecosystem approach; comparative analyses of the effectiveness and cost-efficiency of individual positive incentive measures, including their impact on the livelihood and biodiversity of third parties; the development of innovative positive incentive measures; the development of mechanisms, including policy, legal and institutional measures in full consultation with representatives of indigenous and local communities that ensure the fair and equitable sharing of benefits arising from positive incentive measures; the analysis and evaluation of the relevant economic, social and cultural impacts of individual positive incentive measures at different levels and scales; and communicate the results of this research to Parties and the Executive Secretary. Invite Parties and other Governments as well as national, regional and international funding institutions, to support the capacity-building and research activities identified in paragraph 6 above. Invite the United Nations Environment Programme to continue supporting the programme of work on incentive measures of the Convention, in particular through its work on the creation of pro-poor markets for ecosystem services. Invite the United Nations Conference on Trade and Development, through its initiatives, including, Bio-trade initiative, to continue supporting the programme of work on incentive measures of the Convention. PUBLIC AWARENESS, PARTICIPATION, TRAINING, EDUCATION AND RESEARCH National Legal Mandates Mandates in this area are contained in many legislative instruments among many institutions. The strength lies in the overall mandates. Training, Education and Research are supported and endorsed for several institutions. THE IWOKRAMA INTERNATIONAL CENTRE FOR RAIN FOREST CONSERVATION AND DEVELOPMENT ACT is given this mandate under Schedule 2 Agreement between the Cooperative Republic of Guyana and the Commonwealth Secretariat establishing the Iwokrama International Centre for Rain Forest Conservation. Specifically Articles 1, 4, 5 and 6(1),7,17 and 18. THE CARIBBEAN AGRICULTURAL RESEARCH AND DEVELOPMENT INSTITUTE ACT NO. 6 OF 1988, in particular the Agreement for the Support for all agriculture research in the Caribbean region. This is contained in the Schedule to the Act. Specifically Article 3 under the title Objects of the Institute include: (a) to provide for the research and development needs of the agriculture of the Region as identified in national plans and policies; (b) to provide appropriate research and development service to the agriculture sector of Member States; (c) to provide and extend the application of new technologies in the production, processing, storage and distribution of agricultural products of Member States. The ENVIRONMENTAL PROTECTION ACT, 1996 In particular the Functions of the Agency. Provisions in this regard are found in section 4(2)(c) conduct, promote and co-ordinate research in relation to any aspect of pollution or prevention thereof; The limitation is that pollution is mandated to be the main focus of the research. Similar functions are also performed by the Geology and Mines Commission and the Guyana Forestry Commission. Research is also supported by the NATIONAL AGRICULTURAL RESEARCH INSTITUTE OF GUYANA ACT CAP 68:02 ENACTED IN This Act provides a legislative foundation for Agriculture research; some objectives and functions envisaged for the institute under the Act include: Page 94 of 113

95 Advice and development of agriculture towards achieving optimized production, facilitating the improved use of technology, strengthening exports of products and regulating discoveries and inventions. Public Awareness and Participation are also supported in the Environmental Protection Act for the EPA 39 and the Iwokrama Act for the Centre. Important lessons can be learnt from the international efforts to address these challenges associated with these cross-cutting issues. Action in Guyana can be informed by the following considerations, lessons and actions: Development and implementation of programmes in keeping with the Conventions to educate and familiarize the public on effects of biological diversity, climate change and land degradation and their effects. Re-orientation of programme activities and provide feedback on its progress and impact. Establishment of electronic infrastructure to disseminate information. Conduct of awareness studies and collate results for use of the implementation body. Participation with other states and international organizations in developing educational and public awareness programmes as it relates to conservation and sustainable development. Development and maintenance of training programmes for scientific and technical education on measures for conservation and sustainable use of biological diversity. Facilitation of the integration of biodiversity into the design, implementation and monitoring of activities aimed at adapting to climate change. Promotion and encouragement of research for conservation and sustainable use of biological diversity in accordance with the recommendations of the subsidiary body on scientific, technical and technological advice. Promotion and cooperation in the use of scientific advances in biological research in developing methods for conservation and sustainable use of biological resources. Integration of the three Conventions and other relevant multilateral environmental agreements as one pillar for achieving complementary outcomes during project and policy planning, implementation and monitoring. Improvement of the flow of information related to decisions and resolutions and implementation of commitments derived from the relevant multilateral environmental agreements at a national level. Development, implementation and maintenance of programmes and activities in accordance with the promotion of the objectives of the relevant multilateral environmental agreements. Provision of information and training to the respective stakeholders and to develop the means to actively involve them in Convention processes. Development of strategies to raise awareness, training and outreach to constituencies and international organizations. 39 ENVIRONMENTAL PROTECTION ACT, 1996 In particular the Functions of the Agency. Section 4(3)(c) and (d) Section 4(3)c. carry out surveys and obtain baseline information on the natural resources including ecosystems and micro eco-systems, population counts, species identification, location and condition and make such surveys, studies and information available to members of the public at their request and upon payment of the cost of photocopies; Section 4(3)d. provide general information to the public on the state of the environment by regular reports produced at least annually; Also Section 4(2)(e) In exercise of its functions the agency may e. provide information and education to the public regarding the need for and methods of protection of the environment, improvement of the environment where altered directly or indirectly by human activity, and the benefits of sustainable use of natural resources And Section 4(1)(b) promote the participation of members of the public in the process of integrating environmental concerns in planning for development on a sustainable basis; Page 95 of 113

96 Assessment of the educational needs in affected areas, elaboration of appropriate school curricula and expansion of educational and adult literacy programmes on the identification, conservation and sustainable management of the natural resources of affected areas. International Efforts and Perspectives Under UNFCCC Article 6 Education, Training and Public Awareness: In carrying out their commitments under Article 4 paragraph 1(i), the Parties shall: Promote and facilitate at the national and, as appropriate, sub-regional and regional levels, and in accordance with national laws and regulations, and within their respective capacities: the development and implementation of educational and public awareness programmes on climate change and its effects; public access to information on climate change and its effects; public participation in addressing climate change and its effects and developing adequate responses; and training of scientific, technical and managerial personnel. Cooperate in and promote, at the international level, and, where appropriate, using existing bodies: the development and exchange of educational and public awareness material on climate change and its effects; and the development and implementation of education and training programmes, including the strengthening of national institutions and the exchange or secondment of personnel to train experts in this field, in particular for developing countries. The UNCBD Article 13 provides that The Contracting Parties shall: promote and encourage understanding of the importance of, and the measures required for, the conservation of biological diversity, as well as its propagation through media, and the inclusion of these topics in educational programmes; and cooperate, as appropriate, with other states and international organizations in developing educational and public awareness programmes, with respect to conservation and sustainable use of biological diversity. Public awareness and participation has also been identified in CBD COP 8 Decision VIII/6 Global Initiative on Communication, Education and Public Awareness: overview of implementation of the programme of work and options to advance future work ; The Conference of Parties adopted for implementation, as appropriate, by Parties and by the Executive Secretary, the short-list of priority activities and the implementation plan for the Global Initiative on CEPA comprising the communication, education and public awareness dimensions of the ongoing programmes of work of the Convention in the thematic areas and cross-cutting issues, including the programme of work for the Global Initiative on Communication, Education and Public Awareness annexed to decision VI/19; This decision contained an Annex II provided a list of priority activities which should inform a Communication and Public Awareness Strategy. The 10 priority activities should be examined to determine the appropriateness for Guyana. Page 96 of 113

97 Under the UNCCD Article 19 deals with this issue and provides that the Parties recognise the significance of capacity building that is to say, institution building, training and development of relevant local and national capacities -- in efforts to combat desertification and mitigate the effects of drought. Article 19(3) further provides that: The Parties shall cooperate with each other and through competent intergovernmental organizations, as well as with non-governmental organizations, in undertaking and supporting public awareness and educational programmes in both affected and, where relevant, unaffected country Parties to promote understanding of the causes and effects of desertification and drought and of the importance of meeting the objective of this Convention. Training and education The objectives of activities in this area are generally geared towards providing information and training to stakeholders, and developing the means to actively involve them in the Convention processes. Activities common to all three Conventions relate to facilitating access to information, development, management and monitoring of information products and systems, sharing information on good practices and lessons learnt, development of strategies to raise awareness, training, and outreach to constituencies and international organizations.40 Under the UNCBD Article 12 deals with training and research in the following terms: The Contracting Parties, taking into account the special needs of developing countries, shall: establish and maintain programmes for scientific and technical education and training in measures for the identification, conservation and sustainable use of biological diversity and its components and provide support for such education and training for the specific needs of developing countries; promote and encourage research which contributes to the conservation and sustainable use of biological diversity, particularly in developing countries, inter alia, in accordance with decisions of the Conference of the Parties taken in consequence of recommendations of the Subsidiary Body on Scientific, Technical and Technological Advice; and promote and cooperate in (in keeping with the provisions of Articles 16, 18 and 20) the use of scientific advances in biological diversity research in developing methods for conservation and sustainable use of biological resources. CBD COP Decision VI/19. Communication, Education and Public Awareness ; and COP Decision VII/24. Education and public awareness (article 13) provide some guidance in this area. The importance of training and research is further captured in the following part of COP decision VII 24: communication, education and public awareness are essential elements for the successful and effective implementation of the programmes of work of the Convention on 40 Paragraph 19 FCC/SBSTA/2002/INF.16. COOPERATION WITH RELEVANT INTERNATIONAL ORGANIZATIONS Cross-cutting thematic areas and activities under the United Nations Convention to Combat Desertification, Convention on Biological Diversity and United Nations Framework Convention on Climate Change Page 97 of 113

98 Biological Diversity and also for facilitating the process of mainstreaming biodiversity into national sectoral policies and programmes. Concrete action on this subject was contained in Awareness (UNEP/CBD/COP/7/17/INF/10) which was the basis for Cop 8 Decision VIII/6 Global Initiative on Communication, Education and Public Awareness: overview of implementation of the programme of work and options to advance future work The UNCCD in Article 19(1) (b) sees this issue being addressed by strengthening training and research capacity at the national level in the field of desertification and drought; Further Article 19(1)(f) tackles training through signatory parties providing appropriate training and technology in the use of alternative energy sources, particularly renewable energy resources, aimed particularly at reducing dependence on wood for fuel. TRADITIONAL KNOWLEDGE International Perspectives The UNCCD Article 17(1)(c) 1. The Parties undertake, according to their respective capabilities, to promote technical and scientific cooperation in the fields of combating desertification and mitigating the effects of drought through appropriate national, sub-regional, regional and international institutions. To this end, they shall support research activities that: protect, integrate, enhance and validate traditional and local knowledge, know-how and practices, ensuring, subject to their respective national legislation and/or policies that the owners of that knowledge will directly benefit on an equitable basis and on mutually agreed terms from any commercial utilization of it or from any technological development derived from that knowledge. Also UNCCD Article 18(2): 2. The Parties shall, according to their respective capabilities, and subject to their respective national legislation and/or policies, protect, promote and use in particular relevant traditional and local technology, knowledge, know-how and practices and, to that end, they undertake to: make inventories of such technology, knowledge, know-how and practices and their potential uses with the participation of local populations, and disseminate such information, where appropriate, in cooperation with relevant intergovernmental and non-governmental organizations; ensure that such technology, knowledge, know-how and practices are adequately protected and that local populations benefit directly, on an equitable basis and as mutually agreed, from any commercial utilization of them or from any technological development derived therefrom; encourage and actively support the improvement and dissemination of such technology, knowledge, know-how and practices or of the development of new technology based on them; and facilitate, as appropriate, the adaptation of such technology, knowledge, know-how and practices to wide use and integrate them with modern technology, as appropriate. Decisions on traditional knowledge continue to be made at the Conference of Party level of the Conventions. For the UNCCD ICCD/COP(4)/CST/2 13 October 2000 ORIGINAL: ENGLISH CONFERENCE OF THE PARTIES Committee on Science and Technology Fourth session Bonn, December 2000 Item 6 of the provisional agenda TRADITIONAL KNOWLEDGE Report of the ad hoc Panel Note by the secretariat. Provides the approach from the perspective of the UNCCD. An important part of the report is the definition of Traditional Knowledge contained at paragraph 30: Page 98 of 113

99 Traditional knowledge consists of practical (instrumental) and normative (enabling) knowledge about the ecological, socio-economic and cultural environment. Traditional knowledge is people-centred (generated and transmitted by people as knowledgeable, competent and entitled actors), systemic (inter-sectoral and holistic), experimental (empirical and practical), transmitted from one generation to the next and culturally valorised. This type of knowledge promotes diversity; it valorises and reproduces the local (internal) resources. The importance of data collection was also noted 41. This will be a critical area for Guyana to develop a basis for protection of traditional knowledge. The most recent CBD COP Decision VIII/5. Article 8(j) and related provisions reveals a very detailed plan for the implementation of traditional knowledge and a realization of the Convention objectives. These activities should be examined in an effort to identify future relevant action for Guyana. The composite report requested: the Executive Secretary to explore the possibility of developing technical guidelines for recording and documenting traditional knowledge, innovations and practices, and to analyse the potential threats of such documentation to the rights of holders of traditional knowledge, innovations and practices, with the full and effective participation of indigenous and local communities; and noted with concern the specific vulnerabilities of indigenous and local communities, inter alia, of the Arctic, small island states and high altitudes, concerning the impacts of climate change and accelerated threats, such as pollution, drought and desertification, to traditional knowledge, innovations and practices, and requests further research be conducted, subject to the availability of resources, into highly vulnerable indigenous and local communities, with a focus on causes and solutions, with the outcomes of the research to be made available to the Working Group on Article 8(j) and Related Provisions for attention at its fifth meeting; The decision further contained detailed provisions regarding Elements of a plan of action for the retention of traditional knowledge, innovations and practices embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity. It is suggested that useful lessons can be learnt from this Plan in achieving the objectives of this crosscutting issue, including a sui generis system for the protection of traditional knowledge. Critical actions in this area may include activities to: preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant to the conservation and sustainable use of biological diversity; promote their wider application with the approval and involvement of the holders of such knowledge, innovations and practices and encourage the equitable sharing of the benefits arising thereof; 41 See Paragraph 41 of UNCCD ICCD/COP(4)/CST/2 A network of experts, institutions, organizations and bodies having experience in the field of traditional knowledge should be established. This network should comprise experts on traditional as well as modern knowledge and having expertise on dialogues between different knowledge systems. These experts should: a) Compile data on existing traditional knowledge; b) Advise decision makers on the design and implementation of research and development programmes related to the Convention, as well as assist in monitoring and evaluating them; c) Advise National Focal Points and National Coordination Bodies on how to establish cooperation in the fields of transfer, adaptation and dissemination of traditional and modern knowledge; Page 99 of 113

100 promote research activities that protect, integrate, enhance and validate traditional knowledge; use the appropriate technology to promote and protect the relevant traditional knowledge; develop inventories of such technology and practices and their potential uses with the participation of the local populace and disseminate such information, where appropriate with relevant intergovernmental and non-governmental organizations; formulate ways to ensure that such technology, knowledge and practices are adequately protected and that the local populace benefit directly, on an equitable basis; support and encourage the dissemination of such technology, knowledge and practices of the development of new technology, knowledge and practices to wide use and integrate them with modern technology, where appropriate; and develop technical guidelines for recording and documenting traditional knowledge, innovations and practices and to analyse the potential threats of such documentation to the rights of holders of traditional knowledge, innovations and practices. TECHNOLOGY TRANSFER International Perspectives Convention provisions addressing this issue include CBD Articles 16 to 19, and the UNCCD Article 18 regarding transfer, acquisition, adaptation and development of technology. Which provides: The Parties undertake, as mutually agreed and in accordance with their respective national legislation and/or policies, to promote, finance and/or facilitate the financing of the transfer, acquisition, adaptation and development of environmentally sound, economically viable and socially acceptable technologies relevant to combating desertification and/or mitigating the effects of drought, with a view to contributing to the achievement of sustainable development in affected areas. Such cooperation shall be conducted bilaterally or multilaterally, as appropriate, making full use of the expertise of intergovernmental and non-governmental organizations. The Regional Plan for the Caribbean Article 5(d) and (e) also highlights the importance of this issue from a regional perspective. Kyoto Protocol Article10(c) also supports work in this regard. Several CBD decisions have also explored this issue CBD Decision III/16, CBD COP Decision VIII/12 Technology transfer and cooperation (Articles 16 to 19) ; CBD COP Decision VII/29. Transfer of technology and technology cooperation (Articles 16 to 19) In CBD COP Decision VII/29. The COP Recalling the provisions of Articles 16 to 19 of the Convention noted that technology transfer and cooperation are essential elements for the implementation of the three objectives of the Convention, It was further reiterated that work on technology transfer under the Convention shall be conducted in an integrated manner that is consistent with the thematic and cross-cutting programmes of work, in line with decision III/16 endorsing SBSTTA recommendation II/3, The important and cross-cutting nature of technology transfer was also noted with the decision: that implementation of the programme of work should be undertaken in close coordination with relevant activities under thematic programmes of work and programmes of work of other cross-cutting issues, in order to prevent duplication of work and maximize synergy Page 100 of 113

101 The intention behind the work plan, with its suggested activities is to develop meaningful and effective action to enhance the implementation of Articles 16 to 19 as well as related provisions of the Convention by promoting and facilitating the transfer of and access to technologies from developed to developing countries, including the least developed among them and small island developing States, as well as to countries with economies in transition, among developing countries and other Parties, necessary to ensure implementation of the three objectives of the Convention, and in support of the target to achieve a significant reduction of the current rate of biodiversity loss at the global, regional and national level by Implementation of this programme of work shall also contribute to the attainment of the Millennium Development Goals to ensure environmental sustainability and to eradicate extreme poverty and hunger by 2015, and shall fully take into account specific national circumstances and constraints such as remoteness or vulnerability. The successful transfer of technology and technology cooperation requires a country-driven, flexible and integrated approach at international, regional as well as national and sectoral levels, based on partnership and cooperation among inter alia the private sector, Governments, indigenous and local communities, bilateral and multilateral institutions, funding institutions, nongovernmental organizations and academic and research institutions, to enhance activities on technology assessments, on information systems, on creating enabling environments and on capacity-building. It is suggested that, Guyana pay close attention to the activities set out in the work plan as part of the actions to determine the manner in which this cross-cutting issue is tackled. The UNCCD ICCD/CRIC(3)/7 also dealt with this issue at Page 4 providing useful background information on this issue. Article 6 of the Convention commits developed country Parties to promote and facilitate access by affected country Parties, particularly affected developing country Parties, to appropriate technology, knowledge and know-how. Article 12, regarding international cooperation, states that cooperation should take place to ensure the promotion of an enabling international environment including in the field of technology transfer. Article 18 addresses the transfer, acquisition, adaptation and development of technology and states that Parties will promote, finance and/or facilitate the financing of the transfer, acquisition, adaptation and development of environmentally sound, economically viable and socially acceptable technologies relevant to combating desertification and/or mitigating the effects of drought. Article 18 (a) requires Parties to the Convention to utilize fully relevant existing national, sub-regional, regional and international information systems and clearing houses for the dissemination of information on available technologies, their sources, their environmental risks and the broad terms under which they may be acquired. Technology transfer has a broad definition and can include land management practices and techniques for soil and water conservation, as well as protected area management systems, pastoral systems, silvicultural (agroforestry, afforestation, reforestation) practices, genetically superior planting material, efficient harvesting, processing, end-use technologies and indigenous knowledge. The definition of technology transfer should prove useful for Guyana. At the level of the UNFCCC several decisions have also been made on these issues. Central to the success of these initiatives at the level of the UNFCCC is finance and capacity building as well as the role of the private sector. Decision 4/CP.4 Development and transfer of technologies. The Conference of the Parties: Noting that reports are under preparation which will contribute substantially to the understanding of technology transfer issues, including the secretariat technical papers on terms of transfer and adaptation technologies, and the Intergovernmental Panel on Climate Change (IPCC) special report on technology transfer, Recognising the need for continued efforts by Parties to promote and cooperate in the development, application, diffusion and transfer of technologies, Recognising that the private Page 101 of 113

102 sector plays, in some countries, an important role in the development, transfer and finance of technologies, and that the creation of enabling environments at all levels provides a platform to support the development, use and transfer of environmentally sound technologies and know-how; Requests Parties included in Annex II to the Convention (Annex II Parties): to take all practicable steps to promote, facilitate and finance, as appropriate, the transfer of environmentally sound technologies and know-how to developing country Parties and their access thereto; and to support capacity-building and the strengthening of appropriate institutions in developing countries to enable the transfer of environmentally sound technologies and know how. Further requests Parties included in Annex I to the Convention (Annex I Parties), and in particular Annex II Parties: (a) To assist developing country Parties in their efforts to build capacity and institutional frameworks to improve energy efficiency and utilization of renewable energies through multilateral and bilateral cooperative efforts. These mechanisms can support the Guyana Energy Agency in achieving parts of its mandate and overcoming some of the capacity constraints identified. In UNFCCC Decision 6/CP.11 Development and transfer of technologies, the Conference of the Parties recognised once again the need to realize the full potential of technology in combating climate change, and that substantial reduction in greenhouse gas emissions in the long term will rely to a large extent on the development, deployment, diffusion and transfer of environmentally sound technologies. Guyana s overall approach to technology transfer and development should not be implemented without attention being paid to the impact of the Convention provisions and decisions. Table 12 Interface between laws of Guyana and other cross-cutting issues Crosscutting Issue Relevant Law Information gathering, management, storage and exchange The Iwokrama International Centre for Rain Forest Conservation And Development Act Public awareness and participation The Iwokrama International Centre for Rain Forest Conservation And Development Act Training and education National Agricultural Research Institute of Guyana Act CAP 68:02 Caribbean Agricultural Research and Development Institute Act No. 6 of 1988 Poverty reduction No Specific Law - The Constitution of Guyana Institutional/Organizational mandates, No Specific Law - The Constitution of Guyana structures and frameworks Development and enforcement of policy and No Specific Law - The Constitution of Guyana laws Environmental Protection Act, 1996 Economic, Trade and Incentives systems and Investment Act No. 1 of 2004 instruments National and International funding The Iwokrama International Centre for Rain Forest Conservation And Development Act Integrated ecosystems, plant conservation and Amerindian Act 2006 Page 102 of 113

103 Crosscutting Issue Relevant Law protected areas management Animals (Control of Experiments) Act CAP 71:03 Fisheries Act No. 12 of 2002 Food and Drugs Act CAP 34:03 Kaieteur National Park Act (Cap. 20:02 and amendments, Act 41 of 1929, amended by Act 4 of 1972, further amended in 1999 and 2000); National Parks Commission Act (Act 23 of 1977) Pesticides and Toxic Chemicals (Control) No. 13 of 2000 Plant Protection Act CAP 68:03 Wild Birds Protection Act Environmental Protection Act Land use and Planning Acquisition of Land (Land Settlement Act; Cap. 62:06 Act 13 of 1957 and amendments) Acquisition of Land for Public Purposes Act (Cap. 62:05, Act 31 of 1914 and amendments) Acquisition of Lands (Act 2 of 1984 [Not Beneficially Occupied]) Amerindian Act 2006 Environmental Protection Act, 1996 Forests Act Geological Survey Act (Cap, 59:02 Act 6 of 1918) Guyana Geology and Mines Commission Act (Act 9 of 1979) Lands and Surveys Commission Act Mining Act (Act 20 of 1989, Act 34 of 1920 and amendments) Municipal and District Councils Act (Cap. 28:01 Act 24 of 1969 and amendments) National Parks Commission Act (Act 23 of 1977) State Lands Act (Cap. 62:01, Act 32 of 1903 and amendments) State Lands Housing Acts Title to Land (Prescription and Limitation) Act (Act 62 of 1952 and amendments) Town and Country Planning Act (Cap. 20:01, Act 25 of 1946 and amendments) Research National Agricultural Research Institute of Guyana Act CAP 68:02 Caribbean Agricultural Research and Development Institute Act No. 6 of 1988 Monitoring Environmental Protection Act, 1996 Forests Act Guyana Sewerage and Water Act Page 103 of 113

104 Crosscutting Issue Relevant Law Iwokrama Act Liability and Redress Environmental Protection Act, 1996 Technology development and transfer Guyana Natural Resources Agency (Act Ord. 37 of 1986) Patent and Designs Act CAP 90:01 Sub-regional, regional and international cooperation Traditional knowledge Amerindian Act 2006 Hydroelectric Power Act (Cap. 56:03, Amended Act 1 of 1972) The Iwokrama International Centre for Rain Forest Conservation and Development Act. Patent and Designs Act CAP 90:01 Page 104 of 113

105 9.4 Annex D Background to Synergies INTRODUCTION TO SYNERGIES Several decisions and recommendations at the levels of all three Conventions and their subsidiary bodies support the importance of Synergy in the implementation of the cross-cutting Convention obligations. To appreciate the opportunities which synergies present it is necessary to note the bodies established under the Conventions in addition to the Conference of Parties. Considerable work has been done by the subsidiary body constituted under Article 25 of the UNCBD. The decisions of bodies of the Conventions which support the importance of synergy include: UNEP/CBD/SBSTTA/9/3 19 June 2003 PROGRESS IN THE IMPLEMENTATION OF THE WORK ON CROSS-CUTTING ISSUES UNCBD Recommendation X/9 Options for a cross-cutting initiative on biodiversity for food and nutrition UNEP/CBD/SBSTTA/9/11 31 July 2003 Review of the inter-linkages between biological diversity and climate change, and advice on the integration of biodiversity considerations into the implementation of the United Nations Framework Convention on Climate Change and its Kyoto Protocol Recommendation XI/14 Guidance for promoting synergy among activities addressing biological diversity, desertification, land degradation and climate change UNEP/CBD/SBSTTA/11/18 17 October 2005 GUIDANCE FOR PROMOTING SYNERGY AMONG ACTIVITIES ADDRESSING BIOLOGICAL DIVERSITY, DESERTIFICATION, LAND DEGRADATION AND CLIMATE CHANGE ICCD/COP(7)/5 Conference of Parties Seventh Session Nairobi, October 2005 Under the UNCCD REVIEW OF ACTIVITIES FOR THE PROMOTION AND STRENGTHENING OF RELATIONSHIPS WITH OTHER RELEVANT CONVENTIONS AND RELEVANT INTERNATIONAL ORGANIZATIONS, INSTITUTIONS AND AGENCIES, IN ACCORDANCE WITH ARTICLE 8 AND ARTICLE 22, PARAGRAPH 2(i) OF THE CONVENTION ICCD/COP(3)/9 28 September 1999 CONFERENCE OF THE PARTIES Third session Recife, November 1999 Item 11 of the provisional agenda REVIEW OF ACTIVITIES FOR THE PROMOTION AND STRENGTHENING OF RELATIONSHIPS WITH OTHER RELEVANT CONVENTIONS AND RELEVANT INTERNATIONAL ORGANIZATIONS, INSTITUTIONS AND AGENCIES Collaboration and synergies among Rio Conventions for the implementation of the UNCCD The documents above provide some rationale and examples of synergies operating at international, regional and national levels. Useful background information on the early importance of synergies can be found in ICCD/COP(3)/9 28 September 1999 CONFERENCE OF THE PARTIES Third session Recife, November 1999 Item 11 of the provisional agenda REVIEW OF ACTIVITIES FOR THE PROMOTION AND STRENGTHENING OF RELATIONSHIPS WITH OTHER RELEVANT CONVENTIONS AND RELEVANT INTERNATIONAL ORGANIZATIONS, INSTITUTIONS AND AGENCIES Collaboration and synergies among Rio Conventions for the implementation of the UNCCD Page 105 of 113

106 Several paragraphs highlight the importance of synergy and provide useful examples for issues which may be relevant to Guyana. These include paragraphs 7 42, 9, 23 43, and 24 (e.g. Para. 24: to tackle the lack of coordination between national focal points for the Conventions due to each being placed in a different ministry (usually the UNCCD in the ministry of agriculture, the CBD in a ministry responsible for nature conservation, the UNFCCC in the ministry of environment and the Ramsar Convention in the Ministry responsible for water management), it is proposed to create a new critical focus within governments, bringing together institutions with diverse interests to work toward goals common to all instruments. To reduce information and reporting requirements, modalities for constructing integrated information systems and reporting mechanisms are proposed. Finally, a number of options for developing a national action plan to implement the Rio instruments while harmonizing it with other national plans are discussed. One critical area which had been noted is the Ecological Linkages. These linkages are also important due to the ecosystem approach to the implementation of the UNCBD. This approach should be closely examined by Guyana as it is providing a useful framework for the practical application of synergy related activities across Conventions. The CBD decisions and recommendations also suggest that there are several opportunities for promoting synergy of activities addressing biological diversity, desertification, land degradation and climate change, at national and international levels 44. A useful area for practical exploration of these issues is the impact that forests have on the three areas of coverage of the Conventions. 45 Further, as the Kyoto Protocol 46 becomes operational there will be project opportunities in the areas of climate change adaptation and sustainable use of biodiversity. These opportunities can be included in the preparation of national action plans to address both Biological Diversity and Climate Change. Guyana should also be cognizant of the bilateral efforts which have been carried on between the UNCBD and the UNFCCC. There is greater synergy among these Conventions when compared with the UNCCD. The leading document in this area is Inter-linkages between Biological Diversity and Climate Change Advice on the integration of biodiversity considerations in the implementation of the United Nations Framework Convention on Climate Change and its Kyoto Protocol CBD Technical Series No 10 of October The report provides a detailed examination of many of the issues of synergy including the economic impact of actions towards synergy. This economic impact can have a critical impact on actions to mitigate and adapt to the effects of climate change. The House of Lords Report on the Economics of Climate Change published on the 6 July, 2006 presents a detailed examination of the often overlooked economic 42 Desertification is linked to biodiversity through vegetation: the loss of vegetation brings about desertification, and desertification prevents its regeneration. Desertified ecosystems are those in which biodiversity is damaged to the extent that it can no longer sustain human livelihoods based on free ranging livestock. Vegetation diversity protects dryland topsoil from erosion. Where range uses damage vegetation, this initiates and accelerates topsoil erosion. The widely practised dryland transformation from rangeland to cropland may cause irreversible irrigation-induced salinisation, such that dryland biodiversity, that constitutes several economically and culturally significant assets and is instrumental in the provision of ecosystem services, may be difficult to restore. Therefore, conserving biodiversity prevents desertification and the combat against desertification conserves biodiversity for a sustainable use. 43 Avoiding duplication of effort and ensuring that the implementation of the Conventions is efficient and cost-effective motivated articles in the text of the UNCCD and decisions of the General Assembly, the CSD and the COPs of the Conventions. The Sede Boqer workshop listed overlapping requirements of the Parties to the agreements (table 1). Most of these address institutional modalities rather than implementation in the field. The recommendations of the workshop are published in the booklet Synergies in National Implementation. 44 Paragraph 6 of UNEP/CBD/SBSTAA/11/18 provides a general background on the importance of Synergy. See also paragraph See paragraphs ICCD/COP(3)/9 28 September See Paragraph 1 UNEP/CBD/SBSTAA/11/18 Page 106 of 113

107 impacts of climate change. One of the lessons which Guyana can learn from this report is that climate change is an issue for finance and economic ministries as much as for energy and environmental ones The challenges identified should also be borne in mind and overcome. These include: the lack of coordination among sectoral agencies in the design of policy instruments; participation in the decision making processes; and improper use of analytical tools available to evaluate the environmental impact of climate and biodiversity. For Guyana it is important to establish priorities in addressing issues of synergy. As noted in the Preliminary Conclusions and Recommendations of UNEP/CBD/SBSTAA/11/ There is wide recognition that addressing in isolation those human activities that result or have resulted in loss of biodiversity will not produce effective actions towards ensuring the sustained provision of ecosystem goods and services. The fact that, in turn, biodiversity underlies many essential ecosystem services underscore the need for promoting synergy among management activities targeted to enhance the prospects of sustainable development. A number of opportunities exist for promoting synergy among activities addressing biological diversity, desertification, land degradation and climate change at different, but linked, levels of action. Close and systematic cooperation within national focal points of the three Rio Conventions and other relevant multilateral environmental agreements emerge as one of the pillars towards achieving complementary outcomes during project and policy planning, implementation and monitoring. Although knowledge gaps remain, a great deal of detailed technical information as well as practical advice for promoting synergy between activities to address climate change, conserve biodiversity, and minimize land degradation is already available. Facilitating the flow of this information among countries and within different national agencies for the purposes of project and policy planning and implementation is potentially critical. Improving the flow of information related to decisions/resolutions and implementation of commitments derived from relevant multilateral environmental agreements at the national level is also important for maximizing synergy. The design and development of pilot projects explicitly designed to address the objectives of the Convention on Biological Diversity, the United Nations Framework Convention on Climate Change, and the United Nations Convention to Combat Desertification, as well as those of other environmental multilateral agreements both at local and national levels is a priority. Systematic collection of lessons learned and documentation of best practices derived from these experiences could be instrumental in effectively addressing climate change, biodiversity and land degradation in a concerted manner while maximizing positive outcomes. Lessons can be learnt from the work which has been completed under the UNCCD. The details of the current work are provided in ICCD/COP(7)/5 Conference of Parties Seventh Session Nairobi, October 2005 Under the UNCCD REVIEW OF ACTIVITIES FOR THE PROMOTION AND STRENGTHENING OF RELATIONSHIPS WITH OTHER RELEVANT CONVENTIONS AND RELEVANT INTERNATIONAL ORGANIZATIONS, INSTITUTIONS AND AGENCIES, IN ACCORDANCE WITH ARTICLE 8 AND ARTICLE 22, PARAGRAPH 2(i) OF THE CONVENTION These lessons include accessing information from workshops held and noting some of the international and national priorities. These workshops are National Synergies Workshops 47 and the primary objective 47 See ICCD/COP(7)/5 Item III Paragraphs for the details of these programmes. Page 107 of 113

108 would be to integrate the UNCCD process into national development strategies through linkages between relevant sustainable development policies 48. As the examination of the NDS of Guyana reveals, there is a need for linkages among sustainable development policies across sectors. In developing these linkages it is suggested that UNCCD issues be included. In advancing collective synergies, the actions identified at the UNCCD Convention level should be borne in mind (Table 13). Table 13 Examples of synergies across Conventions (from Table 4 ICCD/COP(3)/9 Page 32) Action UNCCD UNCBD UNFCCC Integrated Watershed Management: agroforestry (firewood, fodder, annual crops), runoff harvesting for trees and range No overexploitation of local water hence low salinisation risk, run-off harvesting, terraces and trees conserve soil. Conserves much of the watershed s biodiversity, utilizes parts of it this contributing to overall sustainability Maintains soil organic carbon and aboveground vegetation as sink and reservoir In-situ conservation of biological resources, wildlife conservation Potential for economic exploitation as an alternative livelihood; promotion of ecotourism Global benefits from dryland biodiversity Conservation of genetic diversity instrumental in restoring climate change damaged ecosystems. Use of treated waste water for agriculture, range, tourism Reduces water overexploitation hence salinisation of groundwater Promotes rangeland biodiversity Conserves wetland water resources. A phased Action Plan for synergies should also be examined to determine the appropriateness and opportunities for Guyana. The main phases include local demonstration and country-wide action. Local demonstration involves building capacity within local country communities and then translating these to a wider national level. Further lessons are illustrated from case studies involving biodiversity and climate change adaptation and mitigation. These include: scope for afforestation, reforestation, improved forest management and avoided deforestation actives to be harmonised with biodiversity conservation benefits. These lessons can also support Guyana s forest Policy and plan; Linkages between conservation and sustainable use of biodiversity with community livelihood options; the importance of social, environmental and economic considerations in Kyoto related mitigation projects; and ecosystem approach to the UNCBD provides a good basis to guide the formulation of climate change mitigation policies, projects and conservation of biological diversity. Examples of textual synergy among the texts of the Conventions are identified in Table ICCD/COP(7)/5 Item III Paragraphs 32 Page 108 of 113

109 Table 14 Examples of textual synergies among Conventions Activity Climate Change Biological Diversity Desertification National Inventories Article 4(1)(a) National & Regional Action Plans Article 4(1)(b) strategies Article 6(a), (b) Articles 9,10 Article 15 Annex III REGIONAL IMPLEMENTATION ANNEX FOR LATIN AMERICA AND THE CARIBBEAN Articles 3 and 4 Identification & Monitoring Article 7 Article 16 Develop Protected Areas Article 8 Legislation Preamble Article 8(k) Article 5(e) Research Article 5 Article 12(b) Articles 17, 19(b) Public Education Article 6 Article 13 Article 5(d), Article 19(b) Environmental Impact Assessment Clearing house for technical information Article 4(i)(d) Article 14 Article 18 Article 18 Public Participation Article 6(i)(a)(iii) Article 9 Article 19(4) Conference of Parties (COP)/ regular reviews Article 7 Exchange Information Article 7 Article 17 Article 16(f) Training Articles 6,7,12 Article 12(a) Article 19 Reports Article 12 Article 26 Data Collection Article 7 Article 16(b) Examine obligations- Assess implementation Article 7(e) Article 23 Report Steps to COP Article 12 Article 26 Article 26 Technology Transfer and Development Kyoto Article 10 (c) Regional Action Plan for Latin America and Caribbean Articles 5(d) and (e) Articles 16 to 19 Article 18 Traditional Knowledge Article 8(j) Article 17(1)(c) Economics and Trade Kyoto Article 2(1)(a)(v) Article 11 Preamble Page 109 of 113

110 9.5 Annex E Institutional Mandates and Policy Instruments Table 15 Institutions mandates Institution Mandate CHPA - CIG EPA GEA GFC GGMC GLSC Guysuco Hydromet Iwokrama To conserve the Earth s living natural heritage, our global diversity, and to demonstrate that human societies are able to live harmoniously with nature. To coordinate the management, conservation, prevention and improvement of the environment, the impact of economic development on the environment and the sustainable use of natural resources. To ensure the rational and efficient use of imported petroleum-based energy sources, while encouraging where economically feasible and environmentally acceptable, increased utilization of indigenous new and renewable sources of energy. To be responsible for advising the subject Minister on issues relating to forest policy, forestry laws and regulations. The Commission is also responsible for the administration and management of all State Forest land. To promote interest in mining and mineral exploration, the development of the mineral potential of Guyana, and the production, supply and sale of minerals and mineral products; To participate in and advise on the economical exploitation, beneficiation, utilization and marketing of the mineral resources of Guyana; To explore the mineral resources on lands using all available techniques, including geology, geochemistry, geophysics and other remote sensing methods; To exploit the said mineral resources, when discovered, using all available mining techniques including surface and underground mining; To undertake research into optimum methods of exploring for, exploiting and utilizing minerals and mineral products of Guyana. To manage all public land, administer surveys, formulate land use policy and prepare land use plans. The production of sugarcane, sugar and by-products To observe, archive and understand weather and climate and provide meteorological, hydrological and oceanographic services in support of Guyana s national needs and international obligations. Promoting the conservation and the sustainable and equitable use of tropical rain forests in a manner that leads to lasting ecological, economic, and social benefits to the people of Guyana and to the world in general, by undertaking research, training, and the development and dissemination of technologies. Table 16 Institution Guiding national policy instruments National Policy Instruments CHPA - CIG EPA National Development Strategy Poverty Reduction Strategy National Biodiversity Action Plan National Environmental Action Plan National Forest Plan Guidelines for community-based natural resource management Policy with respect to access to Amerindian communities National Development Strategy Poverty Reduction Strategy Page 110 of 113

111 Institution National Policy Instruments National Biodiversity Strategy National Protected Areas Strategy National Environment Action Plan National Biodiversity Action Plan I Integrated Coastal Zone Management Plan GEA The national policy instrument that affects the organization is Guyana Energy Act #31 of 1997 along with subsequent Amendments and The National Energy Policy GGMC - GLSC Guysuco Hydromet National Development Strategy Poverty Reduction Strategy Agriculture, Sea Defence, Water Management National Development Strategy National Biodiversity Action Plan I Integrated Coastal Zone Management Plan Table 17 Institution CHPA CIG EPA GEA Aims and objectives of the Conventions that inform institution s strategies/priorities Convention aims and objectives that inform Institution s strategies/priorities None. Unaware of Conventions. Never been integrated. The Convention on Biological Diversity Protected Areas (PAs) Programme of Work: CI-Guyana supports Government of Guyana (GOG) in achieving the following specific goals: To establish and strengthen national and regional systems of PAs integrated into a global network as a contribution to globally agreed goals (e.g. establishing a national system for protected areas - Towards 2010 targets) To establish and strengthen regional networks, transboundary PAs and collaboration between neighbouring PAs across national boundaries To substantially improve site-based PA planning and management To prevent and mitigate the negative impacts of key threats to PAs To enhance and secure involvement of indigenous and local communities and relevant stakeholders To build capacity for the planning, establishment and management of PAs To ensure financial sustainability of PAs and national and regional systems of PAs The EPA is a major stakeholder in the implementation of the objectives and aims of the Conventions. Specifically, the EPA as the Focal Point for the UNCBD is responsible for the direct implementation of the three objectives of the Convention: conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of benefits. The Natural Resource Management Division of the EPA is tasked with this responsibility and develops its annual work plan to address the objectives of the Convention. No specific Provision is highlighted but the overall trust of the UNFCCC is directed at the core mandate of the Guyana Energy Agency. GGMC - GLSC The UNCCD. It directs GLSC to undertake activities required by the national Focal Point, mainly of a coordination nature. Page 111 of 113

112 Institution Guysuco Hydromet Convention aims and objectives that inform Institution s strategies/priorities Climate Change, Biodiversity. The four basic activities of Hydromet (monitoring, research, services, international liaison) in the fields of climate, hydrology and oceanography are in-line with the UNFCCC aims and objectives. Table 18 Institution CHPA CIG EPA GEA Provisions of the Conventions that inform institution s strategies/priorities Convention provisions that inform Institution s strategies/priorities None. UNFCCC. Trading in carbon credits based on Kyoto Protocol s Policies on: Avoiding deforestation Reforestation With specific reference to the UNCBD, Articles 6, 7,8,9,10,12,13,14,15, 17 and 18 are the specific provisions which have informed the EPA s strategy for biodiversity conservation and sustainable use in Guyana. No specific Provision is highlighted but the overall trust of the UNFCCC is directed at the core mandate of the Guyana Energy Agency. GGMC - GLSC Guysuco Hydromet No single one as such. But in land use plan preparation care is taken care to adopt planning scenarios that do not lead to degradation of the land resources. Erratic rainfall, biological and ecological control. As the focal point, Hydromet is responsible for national activities related to the UNFCCC. The National Ozone Action Unit within Hydromet continues to monitor local consumption of ozone-depleting substances to ensure that targets are not passed. Table 19 Institution CH&PA CIG Specific responsibilities towards fulfilling Guyana s obligations to the Conventions Specific responsibilities None. Lack of awareness of protocols and provisions. CI and GOG have signed MOUs that commit CI-Guyana to: Assist GOG with the establishment of a national system of PAs in Guyana Lead the establishment of a PA in the Kanuku Mountains Collaborate to establish a PA in southern Guyana Conduct research on Guyana s biological diversity Make available to GOG all analyses, maps and other inputs of its research on Guyana s biodiversity Involve local and indigenous communities Promote and coordinate NTFP enterprise within the context of biodiversity conservation and PA development Initiate educational and public awareness programmes that promote conservation through development of a system of PAs Support and finance the long term management of PAs Page 112 of 113

113 Institution EPA GEA GGMC GLSC Guysuco Hydromet Specific responsibilities In relation to the UNFCCC and the UNCCD, the EPA s role is a collaborative one. The Agency participates in consultations with the Focal Points for the respective Conventions, information sharing and technical support when needed. As the Focal Point for the UNCBD, the responsibilities of the EPA includes the development and implementation/enforcement of legislation, programmes and projects to meet the obligations of the Convention. The Guyana Energy Agency has in its mandate the obligations under the Conventions. The Agency has the responsibility of ensuring the promotion of new and renewable energy resources as well as the dissemination of information pertaining to the energy Sector. EIAs for large scale projects, and projects in environmentally sensitive areas; environmental management for small, medium and large scale operations; restrictions on hunting and fishing; development and implementation of Regulations and Codes of Practice; development, review and refinement of regulated limits for contaminants and pollutants from mining; enforcement of Regulations; Education and Awareness of Miners; technical assistance for miners; generation, collection, and management of data on environmental quality parameters; environmental monitoring and reporting; and observing Protected Areas and their buffer zones Guyana Lands and Surveys Commission serves as a focal point for UNCCD to ensure that the requirements are met. There is the National Action Programme; national reports; projects that implement the NAP. None. Hydromet serves as the focal point for UNFCCC and has responsibility for reporting (national communication) and implementation of Convention activities. It also cooperates with the AAAC/MACC. Page 113 of 113

114 GUYANA National Capacity Self-Assessment (PIMS 2864) PART II STRATEGY AND ACTION PLAN for Synergistic Environmental Capacity Development for Biodiversity, Climate Change, and Land Degradation Funded by Global Environment Facility Environmental Protection Agency Georgetown March, 2007