*******************************************************************
This document has been made available in electronic format by the
United Nations. Reproduction and dissemination of the document -
in electronic and/or printed format - is encouraged, provided
acknowledgement is made of the role of the United Nations in making
it available.
*******************************************************************
Distr.
GENERAL
A/AC.241/27
12 September 1994
ENGLISH
Original: ENGLISH
INTERGOVERNMENTAL NEGOTIATING COMMITTEE FOR
THE ELABORATION OF AN INTERNATIONAL CONVENTION
TO COMBAT DESERTIFICATION IN THOSE COUNTRIES
EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
ELABORATION OF AN INTERNATIONAL CONVENTION TO COMBAT DESERTIFICATION
IN COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR DESERTIFICATION,
PARTICULARLY IN AFRICA
Final text of the Convention
Note by the Secretariat
Attached is the final text of the United Nations Convention to Combat
Desertification in Those Countries Experiencing Serious Drought and/or
Desertification, Particularly in Africa, following completion of the
verification processes as requested by the INCD upon adoption of the
Convention at its fifth session, on 17 June 1994.
The final text has been forwarded to the Office of Legal Affairs of the
United Nations, which acts as Depositary, in order to prepare for the signing
ceremony to be held in Paris, on 14-15 October 1994.
UNITED NATIONS CONVENTION TO COMBAT DESERTIFICATION
IN THOSE COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
The Parties to this Convention,
Affirming that human beings in affected or threatened areas are at the
centre of concerns to combat desertification and mitigate the effects of
drought,
Reflecting the urgent concern of the international community, including
States and international organizations, about the adverse impacts of
desertification and drought,
Aware that arid, semi-arid and dry sub-humid areas together account for
a significant proportion of the Earth's land area and are the habitat and
source of livelihood for a large segment of its population,
Acknowledging that desertification and drought are problems of global
dimension in that they affect all regions of the world and that joint action
of the international community is needed to combat desertification and/or
mitigate the effects of drought,
Noting the high concentration of developing count
ELABORATION OF AN INTERNATIONAL CONVENTION TO COMBAT DESERTIFICATION
This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).
Environmental Treaties and Resource Indicators (ENTRI) -- Full Text File
See the ENTRI query system for information about the status of this treaty.
See the ENTRI thematic guide for more information about the relationships between environmental treaties, national resource indicators, and remotely sensed data.
*******************************************************************
This document has been made available in electronic format by the
United Nations. Reproduction and dissemination of the document -
in electronic and/or printed format - is encouraged, provided
acknowledgement is made of the role of the United Nations in making
it available.
*******************************************************************
Distr.
GENERAL
A/AC.241/27
12 September 1994
ENGLISH
Original: ENGLISH
INTERGOVERNMENTAL NEGOTIATING COMMITTEE FOR
THE ELABORATION OF AN INTERNATIONAL CONVENTION
TO COMBAT DESERTIFICATION IN THOSE COUNTRIES
EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
ELABORATION OF AN INTERNATIONAL CONVENTION TO COMBAT DESERTIFICATION
IN COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR DESERTIFICATION,
PARTICULARLY IN AFRICA
Final text of the Convention
Note by the Secretariat
Attached is the final text of the United Nations Convention to Combat
Desertification in Those Countries Experiencing Serious Drought and/or
Desertification, Particularly in Africa, following completion of the
verification processes as requested by the INCD upon adoption of the
Convention at its fifth session, on 17 June 1994.
The final text has been forwarded to the Office of Legal Affairs of the
United Nations, which acts as Depositary, in order to prepare for the signing
ceremony to be held in Paris, on 14-15 October 1994.
UNITED NATIONS CONVENTION TO COMBAT DESERTIFICATION
IN THOSE COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
The Parties to this Convention,
Affirming that human beings in affected or threatened areas are at the
centre of concerns to combat desertification and mitigate the effects of
drought,
Reflecting the urgent concern of the international community, including
States and international organizations, about the adverse impacts of
desertification and drought,
Aware that arid, semi-arid and dry sub-humid areas together account for
a significant proportion of the Earth's land area and are the habitat and
source of livelihood for a large segment of its population,
Acknowledging that desertification and drought are problems of global
dimension in that they affect all regions of the world and that joint action
of the international community is needed to combat desertification and/or
mitigate the effects of drought,
Noting the high concentration of developing countries, notably the least
developed countries, among those experiencing serious drought and/or
desertification, and the particularly tragic consequences of these phenomena
in Africa,
Noting also that desertification is caused by complex interactions among
physical, biological, political, social, cultural and economic factors,
Considering the impact of trade and relevant aspects of international
economic relations on the ability of affected countries to combat
desertification adequately,
Conscious that sustainable economic growth, social development and
poverty eradication are priorities of affected developing countries,
particularly in Africa, and are essential to meeting sustainability
objectives,
Mindful that desertification and drought affect sustainable development
through their interrelationships with important social problems such as
poverty, poor health and nutrition, lack of food security, and those arising
from migration, displacement of persons and demographic dynamics,
Appreciating the significance of the past efforts and experience of
States and international organizations in combating desertification and
mitigating the effects of drought, particularly in implementing the Plan of
Action to Combat Desertification which was adopted at the United Nations
Conference on Desertification in 1977,
Realizing that, despite efforts in the past, progress in combating
desertification and mitigating the effects of drought has not met expectations
and that a new and more effective approach is needed at all levels within the
framework of sustainable development,
Recognizing the validity and relevance of decisions adopted at the
United Nations Conference on Environment and Development, particularly of
Agenda 21 and its chapter 12, which provide a basis for combating
desertification,
Reaffirming in this light the commitments of developed countries as
contained in paragraph 13 of chapter 33 of Agenda 21,
Recalling General Assembly resolution 47/188, particularly the priority
in it prescribed for Africa, and all other relevant United Nations
resolutions, decisions and programmes on desertification and drought, as well
as relevant declarations by African countries and those from other regions,
Reaffirming the Rio Declaration on Environment and Development which
states, in its Principle 2, that States have, in accordance with the Charter
of the United Nations and the principles of international law, the sovereign
right to exploit their own resources pursuant to their own environmental and
developmental policies, and the responsibility to ensure that activities
within their jurisdiction or control do not cause damage to the environment of
other States or of areas beyond the limits of national jurisdiction,
Recognizing that national Governments play a critical role in combating
desertification and mitigating the effects of drought and that progress in
that respect depends on local implementation of action programmes in affected
areas,
Recognizing also the importance and necessity of international
cooperation and partnership in combating desertification and mitigating the
effects of drought,
Recognizing further the importance of the provision to affected
developing countries, particularly in Africa, of effective means, inter alia
substantial financial resources, including new and additional funding, and
access to technology, without which it will be difficult for them to implement
fully their commitments under this Convention,
Expressing concern over the impact of desertification and drought on
affected countries in Central Asia and the Transcaucasus,
Stressing the important role played by women in regions affected by
desertification and/or drought, particularly in rural areas of developing
countries, and the importance of ensuring the full participation of both men
and women at all levels in programmes to combat desertification and mitigate
the effects of drought,
Emphasizing the special role of non-governmental organizations and other
maj
ELABORATION OF AN INTERNATIONAL CONVENTION TO COMBAT DESERTIFICATION
This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).
Environmental Treaties and Resource Indicators (ENTRI) -- Full Text File
See the ENTRI query system for information about the status of this treaty.
See the ENTRI thematic guide for more information about the relationships between environmental treaties, national resource indicators, and remotely sensed data.
*******************************************************************
This document has been made available in electronic format by the
United Nations. Reproduction and dissemination of the document -
in electronic and/or printed format - is encouraged, provided
acknowledgement is made of the role of the United Nations in making
it available.
*******************************************************************
Distr.
GENERAL
A/AC.241/27
12 September 1994
ENGLISH
Original: ENGLISH
INTERGOVERNMENTAL NEGOTIATING COMMITTEE FOR
THE ELABORATION OF AN INTERNATIONAL CONVENTION
TO COMBAT DESERTIFICATION IN THOSE COUNTRIES
EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
ELABORATION OF AN INTERNATIONAL CONVENTION TO COMBAT DESERTIFICATION
IN COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR DESERTIFICATION,
PARTICULARLY IN AFRICA
Final text of the Convention
Note by the Secretariat
Attached is the final text of the United Nations Convention to Combat
Desertification in Those Countries Experiencing Serious Drought and/or
Desertification, Particularly in Africa, following completion of the
verification processes as requested by the INCD upon adoption of the
Convention at its fifth session, on 17 June 1994.
The final text has been forwarded to the Office of Legal Affairs of the
United Nations, which acts as Depositary, in order to prepare for the signing
ceremony to be held in Paris, on 14-15 October 1994.
UNITED NATIONS CONVENTION TO COMBAT DESERTIFICATION
IN THOSE COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
The Parties to this Convention,
Affirming that human beings in affected or threatened areas are at the
centre of concerns to combat desertification and mitigate the effects of
drought,
Reflecting the urgent concern of the international community, including
States and international organizations, about the adverse impacts of
desertification and drought,
Aware that arid, semi-arid and dry sub-humid areas together account for
a significant proportion of the Earth's land area and are the habitat and
source of livelihood for a large segment of its population,
Acknowledging that desertification and drought are problems of global
dimension in that they affect all regions of the world and that joint action
of the international community is needed to combat desertification and/or
mitigate the effects of drought,
Noting the high concentration of developing countries, notably the least
developed countries, among those experiencing serious drought and/or
desertification, and the particularly tragic consequences of these phenomena
in Africa,
Noting also that desertification is caused by complex interactions among
physical, biological, political, social, cultural and economic factors,
Considering the impact of trade and relevant aspects of international
economic relations on the ability of affected countries to combat
desertification adequately,
Conscious that sustainable economic growth, social development and
poverty eradication are priorities of affected developing countries,
particularly in Africa, and are essential to meeting sustainability
objectives,
Mindful that desertification and drought affect sustainable development
through their interrelationships with important social problems such as
poverty, poor health and nutrition, lack of food security, and those arising
from migration, displacement of persons and demographic dynamics,
Appreciating the significance of the past efforts and experience of
States and international organizations in combating desertification and
mitigating the effects of drought, particularly in implementing the Plan of
Action to Combat Desertification which was adopted at the United Nations
Conference on Desertification in 1977,
Realizing that, despite efforts in the past, progress in combating
desertification and mitigating the effects of drought has not met expectations
and that a new and more effective approach is needed at all levels within the
framework of sustainable development,
Recognizing the validity and relevance of decisions adopted at the
United Nations Conference on Environment and Development, particularly of
Agenda 21 and its chapter 12, which provide a basis for combating
desertification,
Reaffirming in this light the commitments of developed countries as
contained in paragraph 13 of chapter 33 of Agenda 21,
Recalling General Assembly resolution 47/188, particularly the priority
in it prescribed for Africa, and all other relevant United Nations
resolutions, decisions and programmes on desertification and drought, as well
as relevant declarations by African countries and those from other regions,
Reaffirming the Rio Declaration on Environment and Development which
states, in its Principle 2, that States have, in accordance with the Charter
of the United Nations and the principles of international law, the sovereign
right to exploit their own resources pursuant to their own environmental and
developmental policies, and the responsibility to ensure that activities
within their jurisdiction or control do not cause damage to the environment of
other States or of areas beyond the limits of national jurisdiction,
Recognizing that national Governments play a critical role in combating
desertification and mitigating the effects of drought and that progress in
that respect depends on local implementation of action programmes in affected
areas,
Recognizing also the importance and necessity of international
cooperation and partnership in combating desertification and mitigating the
effects of drought,
Recognizing further the importance of the provision to affected
developing countries, particularly in Africa, of effective means, inter alia
substantial financial resources, including new and additional funding, and
access to technology, without which it will be difficult for them to implement
fully their commitments under this Convention,
Expressing concern over the impact of desertification and drought on
affected countries in Central Asia and the Transcaucasus,
Stressing the important role played by women in regions affected by
desertification and/or drought, particularly in rural areas of developing
countries, and the importance of ensuring the full participation of both men
and women at all levels in programmes to combat desertification and mitigate
the effects of drought,
Emphasizing the special role of non-governmental organizations and other
major groups in programmes to combat desertification and mitigate the effects
of drought,
Bearing in mind the relationship between desertification and other
environmental problems of global dimension facing the international and
national communities,
Bearing also in mind the contribution that combating desertification can
make to achieving the objectives of the United Nations Framework Convention on
Climate Change, the Convention on Biological Diversity and other related
environmental conventions,
Believing that strategies to combat desertification and mitigate the
effects of drought will be most effective if they are based on sound
systematic observation and rigorous scientific knowledge and if they are
continuously re-evaluated,
Recognizing the urgent need to improve the effectiveness and
coordination of international cooperation to facilitate the implementation of
national plans and priorities,
Determined to take appropriate action in combating desertification and
mitigating the effects of drought for the benefit of present and future
generations,
Have agreed as follows:
PART I
INTRODUCTION
Article 1
Use of terms
For the purposes of this Convention:
(a) "desertification" means land degradation in arid, semi-arid and
dry sub-humid areas resulting from various factors, including climatic
variations and human activities;
(b) "combating desertification" includes activities which are part of
the integrated development of land in arid, semi-arid and dry sub-humid areas
for sustainable development which are aimed at:
(i) prevention and/or reduction of land degradation;
(ii) rehabilitation of partly degraded land; and
(iii) reclamation of desertified land;
(c) "drought" means the naturally occurring phenomenon that exists
when precipitation has been significantly below normal recorded levels,
causing serious hydrological imbalances that adversely affect land resource
production systems;
(d) "mitigating the effects of drought" means activities related to
the prediction of drought and intended to reduce the vulnerability of society
and natural systems to drought as it relates to combating desertification;
(e) "land" means the terrestrial bio-productive system that comprises
soil, vegetation, other biota, and the ecological and hydrological processes
that operate within the system;
(f) "land degradation" means reduction or loss, in arid, semi-arid and
dry sub-humid areas, of the biological or economic productivity and complexity
of rainfed cropland, irrigated cropland, or range, pasture, forest and
woodlands resulting from land uses or from a process or combination of
processes, including processes arising from human activities and habitation
patterns, such as:
(i) soil erosion caused by wind and/or water;
(ii) deterioration of the physical, chemical and biological
or economic properties of soil; and
(iii) long-term loss of natural vegetation;
(g) "arid, semi-arid and dry sub-humid areas" means areas, other than
polar and sub-polar regions, in which the ratio of annual precipitation to
potential evapotranspiration falls within the range from 0.05 to 0.65;
(h) "affected areas" means arid, semi-arid and/or dry sub-humid areas
affected or threatened by desertification;
(i) "affected countries" means countries whose lands include, in whole
or in part, affected areas;
(j) "regional economic integration organization" means an organization
constituted by sovereign States of a given region which has competence in
respect of matters governed by this Convention and has been duly authorized,
in accordance with its internal procedures, to sign, ratify, accept, approve
or accede to this Convention;
(k) "developed country Parties" means developed country Parties and
regiona
ELABORATION OF AN INTERNATIONAL CONVENTION TO COMBAT DESERTIFICATION
This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).
Environmental Treaties and Resource Indicators (ENTRI) -- Full Text File
See the ENTRI query system for information about the status of this treaty.
See the ENTRI thematic guide for more information about the relationships between environmental treaties, national resource indicators, and remotely sensed data.
*******************************************************************
This document has been made available in electronic format by the
United Nations. Reproduction and dissemination of the document -
in electronic and/or printed format - is encouraged, provided
acknowledgement is made of the role of the United Nations in making
it available.
*******************************************************************
Distr.
GENERAL
A/AC.241/27
12 September 1994
ENGLISH
Original: ENGLISH
INTERGOVERNMENTAL NEGOTIATING COMMITTEE FOR
THE ELABORATION OF AN INTERNATIONAL CONVENTION
TO COMBAT DESERTIFICATION IN THOSE COUNTRIES
EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
ELABORATION OF AN INTERNATIONAL CONVENTION TO COMBAT DESERTIFICATION
IN COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR DESERTIFICATION,
PARTICULARLY IN AFRICA
Final text of the Convention
Note by the Secretariat
Attached is the final text of the United Nations Convention to Combat
Desertification in Those Countries Experiencing Serious Drought and/or
Desertification, Particularly in Africa, following completion of the
verification processes as requested by the INCD upon adoption of the
Convention at its fifth session, on 17 June 1994.
The final text has been forwarded to the Office of Legal Affairs of the
United Nations, which acts as Depositary, in order to prepare for the signing
ceremony to be held in Paris, on 14-15 October 1994.
UNITED NATIONS CONVENTION TO COMBAT DESERTIFICATION
IN THOSE COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
The Parties to this Convention,
Affirming that human beings in affected or threatened areas are at the
centre of concerns to combat desertification and mitigate the effects of
drought,
Reflecting the urgent concern of the international community, including
States and international organizations, about the adverse impacts of
desertification and drought,
Aware that arid, semi-arid and dry sub-humid areas together account for
a significant proportion of the Earth's land area and are the habitat and
source of livelihood for a large segment of its population,
Acknowledging that desertification and drought are problems of global
dimension in that they affect all regions of the world and that joint action
of the international community is needed to combat desertification and/or
mitigate the effects of drought,
Noting the high concentration of developing countries, notably the least
developed countries, among those experiencing serious drought and/or
desertification, and the particularly tragic consequences of these phenomena
in Africa,
Noting also that desertification is caused by complex interactions among
physical, biological, political, social, cultural and economic factors,
Considering the impact of trade and relevant aspects of international
economic relations on the ability of affected countries to combat
desertification adequately,
Conscious that sustainable economic growth, social development and
poverty eradication are priorities of affected developing countries,
particularly in Africa, and are essential to meeting sustainability
objectives,
Mindful that desertification and drought affect sustainable development
through their interrelationships with important social problems such as
poverty, poor health and nutrition, lack of food security, and those arising
from migration, displacement of persons and demographic dynamics,
Appreciating the significance of the past efforts and experience of
States and international organizations in combating desertification and
mitigating the effects of drought, particularly in implementing the Plan of
Action to Combat Desertification which was adopted at the United Nations
Conference on Desertification in 1977,
Realizing that, despite efforts in the past, progress in combating
desertification and mitigating the effects of drought has not met expectations
and that a new and more effective approach is needed at all levels within the
framework of sustainable development,
Recognizing the validity and relevance of decisions adopted at the
United Nations Conference on Environment and Development, particularly of
Agenda 21 and its chapter 12, which provide a basis for combating
desertification,
Reaffirming in this light the commitments of developed countries as
contained in paragraph 13 of chapter 33 of Agenda 21,
Recalling General Assembly resolution 47/188, particularly the priority
in it prescribed for Africa, and all other relevant United Nations
resolutions, decisions and programmes on desertification and drought, as well
as relevant declarations by African countries and those from other regions,
Reaffirming the Rio Declaration on Environment and Development which
states, in its Principle 2, that States have, in accordance with the Charter
of the United Nations and the principles of international law, the sovereign
right to exploit their own resources pursuant to their own environmental and
developmental policies, and the responsibility to ensure that activities
within their jurisdiction or control do not cause damage to the environment of
other States or of areas beyond the limits of national jurisdiction,
Recognizing that national Governments play a critical role in combating
desertification and mitigating the effects of drought and that progress in
that respect depends on local implementation of action programmes in affected
areas,
Recognizing also the importance and necessity of international
cooperation and partnership in combating desertification and mitigating the
effects of drought,
Recognizing further the importance of the provision to affected
developing countries, particularly in Africa, of effective means, inter alia
substantial financial resources, including new and additional funding, and
access to technology, without which it will be difficult for them to implement
fully their commitments under this Convention,
Expressing concern over the impact of desertification and drought on
affected countries in Central Asia and the Transcaucasus,
Stressing the important role played by women in regions affected by
desertification and/or drought, particularly in rural areas of developing
countries, and the importance of ensuring the full participation of both men
and women at all levels in programmes to combat desertification and mitigate
the effects of drought,
Emphasizing the special role of non-governmental organizations and other
major groups in programmes to combat desertification and mitigate the effects
of drought,
Bearing in mind the relationship between desertification and other
environmental problems of global dimension facing the international and
national communities,
Bearing also in mind the contribution that combating desertification can
make to achieving the objectives of the United Nations Framework Convention on
Climate Change, the Convention on Biological Diversity and other related
environmental conventions,
Believing that strategies to combat desertification and mitigate the
effects of drought will be most effective if they are based on sound
systematic observation and rigorous scientific knowledge and if they are
continuously re-evaluated,
Recognizing the urgent need to improve the effectiveness and
coordination of international cooperation to facilitate the implementation of
national plans and priorities,
Determined to take appropriate action in combating desertification and
mitigating the effects of drought for the benefit of present and future
generations,
Have agreed as follows:
PART I
INTRODUCTION
Article 1
Use of terms
For the purposes of this Convention:
(a) "desertification" means land degradation in arid, semi-arid and
dry sub-humid areas resulting from various factors, including climatic
variations and human activities;
(b) "combating desertification" includes activities which are part of
the integrated development of land in arid, semi-arid and dry sub-humid areas
for sustainable development which are aimed at:
(i) prevention and/or reduction of land degradation;
(ii) rehabilitation of partly degraded land; and
(iii) reclamation of desertified land;
(c) "drought" means the naturally occurring phenomenon that exists
when precipitation has been significantly below normal recorded levels,
causing serious hydrological imbalances that adversely affect land resource
production systems;
(d) "mitigating the effects of drought" means activities related to
the prediction of drought and intended to reduce the vulnerability of society
and natural systems to drought as it relates to combating desertification;
(e) "land" means the terrestrial bio-productive system that comprises
soil, vegetation, other biota, and the ecological and hydrological processes
that operate within the system;
(f) "land degradation" means reduction or loss, in arid, semi-arid and
dry sub-humid areas, of the biological or economic productivity and complexity
of rainfed cropland, irrigated cropland, or range, pasture, forest and
woodlands resulting from land uses or from a process or combination of
processes, including processes arising from human activities and habitation
patterns, such as:
(i) soil erosion caused by wind and/or water;
(ii) deterioration of the physical, chemical and biological
or economic properties of soil; and
(iii) long-term loss of natural vegetation;
(g) "arid, semi-arid and dry sub-humid areas" means areas, other than
polar and sub-polar regions, in which the ratio of annual precipitation to
potential evapotranspiration falls within the range from 0.05 to 0.65;
(h) "affected areas" means arid, semi-arid and/or dry sub-humid areas
affected or threatened by desertification;
(i) "affected countries" means countries whose lands include, in whole
or in part, affected areas;
(j) "regional economic integration organization" means an organization
constituted by sovereign States of a given region which has competence in
respect of matters governed by this Convention and has been duly authorized,
in accordance with its internal procedures, to sign, ratify, accept, approve
or accede to this Convention;
(k) "developed country Parties" means developed country Parties and
regional economic integration organizations constituted by developed
countries.
Article 2
Objective
1. The objective of this Convention is to combat desertification and
mitigate the effects of drought in countries experiencing serious drought
and/or desertification, particularly in Africa, through effective action at
all levels, supported by international cooperation and partnership
arrangements, in the framework of an integrated approach which is consistent
with Agenda 21, with a view to contributing to the achievement of sustainable
development in affected areas.
2. Achieving this objective will involve long-term integrated
strategies that focus simultaneously, in affected areas, on improved
productivity of land, and the rehabilitation, conservation and sustainable
management of land and water resources, leading to improved living conditions,
in particular at the community level.
Article 3
Principles
In order to achieve the objective of this Convention and to implement
its provisions, the Parties shall be guided, inter alia, by the following:
(a) the Parties should ensure that decisions on the design and
implementation of programmes to combat desertification and/or mitigate the
effects of drought are taken with the participation of populations and local
communities and that an enabling environment is created at higher levels to
facilitate action at national and local levels;
(b) the Parties should, in a spirit of international solidarity and
partnership, improve cooperation and coordination at subregional, regional and
international levels, and better focus financial, human, organizational and
technical resources where they are needed;
(c) the Parties should develop, in a spirit of partnership,
cooperation among all levels of government, communities, non-governmental
organizations and landholders to establish a better understanding of the
nature and value of land and scarce water resources in affected areas and to
work towards their sustainable use; and
(d) the Parties should take into full consideration the special needs
and circumstances of affected developing country Parties, particularly the
least developed among them.
PART II
GENERAL PROVISIONS
Article 4
General obligations
1. The Parties shall implement their obligations under this
Convention, individually or jointly, either through existing or prospective
bilateral and multilateral arrangements or a combination thereof, as
appropriate, emphasizing the need to coordinate efforts and develop a coherent
long-term strategy at all levels.
2. In pursuing the objective of this Convention, the Parties shall:
(a) adopt an integrated approach addressing the physical, biological
and socio-economic aspects of the processes of desertification and drought;
(b) give due attention, within the relevant international and regional
bodies, to the situation of affected developing country Parties with regard to
international trade, marketing arrangements and debt with a view to
establishing an enabling international economic environment conducive to the
promotion of sustainable development;
(c) integrate strategies for poverty eradication into efforts to
combat desertification and mitigate the effects of drought;
(d) promote cooperation among affected country Parties in the fields
of environmental protection and the conservation of land and water resources,
as they relate to desertification and drought;
(e) strengthen subregional, regional and international cooperation;
(f) cooperate within relevant intergovernmental organizations;
(g) determine institutional mechanisms, if appropriate, keeping in
mind the need to avoid duplication; and
(h) promote the use of existing bilateral an
ELABORATION OF AN INTERNATIONAL CONVENTION TO COMBAT DESERTIFICATION
This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).
Environmental Treaties and Resource Indicators (ENTRI) -- Full Text File
See the ENTRI query system for information about the status of this treaty.
See the ENTRI thematic guide for more information about the relationships between environmental treaties, national resource indicators, and remotely sensed data.
*******************************************************************
This document has been made available in electronic format by the
United Nations. Reproduction and dissemination of the document -
in electronic and/or printed format - is encouraged, provided
acknowledgement is made of the role of the United Nations in making
it available.
*******************************************************************
Distr.
GENERAL
A/AC.241/27
12 September 1994
ENGLISH
Original: ENGLISH
INTERGOVERNMENTAL NEGOTIATING COMMITTEE FOR
THE ELABORATION OF AN INTERNATIONAL CONVENTION
TO COMBAT DESERTIFICATION IN THOSE COUNTRIES
EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
ELABORATION OF AN INTERNATIONAL CONVENTION TO COMBAT DESERTIFICATION
IN COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR DESERTIFICATION,
PARTICULARLY IN AFRICA
Final text of the Convention
Note by the Secretariat
Attached is the final text of the United Nations Convention to Combat
Desertification in Those Countries Experiencing Serious Drought and/or
Desertification, Particularly in Africa, following completion of the
verification processes as requested by the INCD upon adoption of the
Convention at its fifth session, on 17 June 1994.
The final text has been forwarded to the Office of Legal Affairs of the
United Nations, which acts as Depositary, in order to prepare for the signing
ceremony to be held in Paris, on 14-15 October 1994.
UNITED NATIONS CONVENTION TO COMBAT DESERTIFICATION
IN THOSE COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
The Parties to this Convention,
Affirming that human beings in affected or threatened areas are at the
centre of concerns to combat desertification and mitigate the effects of
drought,
Reflecting the urgent concern of the international community, including
States and international organizations, about the adverse impacts of
desertification and drought,
Aware that arid, semi-arid and dry sub-humid areas together account for
a significant proportion of the Earth's land area and are the habitat and
source of livelihood for a large segment of its population,
Acknowledging that desertification and drought are problems of global
dimension in that they affect all regions of the world and that joint action
of the international community is needed to combat desertification and/or
mitigate the effects of drought,
Noting the high concentration of developing countries, notably the least
developed countries, among those experiencing serious drought and/or
desertification, and the particularly tragic consequences of these phenomena
in Africa,
Noting also that desertification is caused by complex interactions among
physical, biological, political, social, cultural and economic factors,
Considering the impact of trade and relevant aspects of international
economic relations on the ability of affected countries to combat
desertification adequately,
Conscious that sustainable economic growth, social development and
poverty eradication are priorities of affected developing countries,
particularly in Africa, and are essential to meeting sustainability
objectives,
Mindful that desertification and drought affect sustainable development
through their interrelationships with important social problems such as
poverty, poor health and nutrition, lack of food security, and those arising
from migration, displacement of persons and demographic dynamics,
Appreciating the significance of the past efforts and experience of
States and international organizations in combating desertification and
mitigating the effects of drought, particularly in implementing the Plan of
Action to Combat Desertification which was adopted at the United Nations
Conference on Desertification in 1977,
Realizing that, despite efforts in the past, progress in combating
desertification and mitigating the effects of drought has not met expectations
and that a new and more effective approach is needed at all levels within the
framework of sustainable development,
Recognizing the validity and relevance of decisions adopted at the
United Nations Conference on Environment and Development, particularly of
Agenda 21 and its chapter 12, which provide a basis for combating
desertification,
Reaffirming in this light the commitments of developed countries as
contained in paragraph 13 of chapter 33 of Agenda 21,
Recalling General Assembly resolution 47/188, particularly the priority
in it prescribed for Africa, and all other relevant United Nations
resolutions, decisions and programmes on desertification and drought, as well
as relevant declarations by African countries and those from other regions,
Reaffirming the Rio Declaration on Environment and Development which
states, in its Principle 2, that States have, in accordance with the Charter
of the United Nations and the principles of international law, the sovereign
right to exploit their own resources pursuant to their own environmental and
developmental policies, and the responsibility to ensure that activities
within their jurisdiction or control do not cause damage to the environment of
other States or of areas beyond the limits of national jurisdiction,
Recognizing that national Governments play a critical role in combating
desertification and mitigating the effects of drought and that progress in
that respect depends on local implementation of action programmes in affected
areas,
Recognizing also the importance and necessity of international
cooperation and partnership in combating desertification and mitigating the
effects of drought,
Recognizing further the importance of the provision to affected
developing countries, particularly in Africa, of effective means, inter alia
substantial financial resources, including new and additional funding, and
access to technology, without which it will be difficult for them to implement
fully their commitments under this Convention,
Expressing concern over the impact of desertification and drought on
affected countries in Central Asia and the Transcaucasus,
Stressing the important role played by women in regions affected by
desertification and/or drought, particularly in rural areas of developing
countries, and the importance of ensuring the full participation of both men
and women at all levels in programmes to combat desertification and mitigate
the effects of drought,
Emphasizing the special role of non-governmental organizations and other
major groups in programmes to combat desertification and mitigate the effects
of drought,
Bearing in mind the relationship between desertification and other
environmental problems of global dimension facing the international and
national communities,
Bearing also in mind the contribution that combating desertification can
make to achieving the objectives of the United Nations Framework Convention on
Climate Change, the Convention on Biological Diversity and other related
environmental conventions,
Believing that strategies to combat desertification and mitigate the
effects of drought will be most effective if they are based on sound
systematic observation and rigorous scientific knowledge and if they are
continuously re-evaluated,
Recognizing the urgent need to improve the effectiveness and
coordination of international cooperation to facilitate the implementation of
national plans and priorities,
Determined to take appropriate action in combating desertification and
mitigating the effects of drought for the benefit of present and future
generations,
Have agreed as follows:
PART I
INTRODUCTION
Article 1
Use of terms
For the purposes of this Convention:
(a) "desertification" means land degradation in arid, semi-arid and
dry sub-humid areas resulting from various factors, including climatic
variations and human activities;
(b) "combating desertification" includes activities which are part of
the integrated development of land in arid, semi-arid and dry sub-humid areas
for sustainable development which are aimed at:
(i) prevention and/or reduction of land degradation;
(ii) rehabilitation of partly degraded land; and
(iii) reclamation of desertified land;
(c) "drought" means the naturally occurring phenomenon that exists
when precipitation has been significantly below normal recorded levels,
causing serious hydrological imbalances that adversely affect land resource
production systems;
(d) "mitigating the effects of drought" means activities related to
the prediction of drought and intended to reduce the vulnerability of society
and natural systems to drought as it relates to combating desertification;
(e) "land" means the terrestrial bio-productive system that comprises
soil, vegetation, other biota, and the ecological and hydrological processes
that operate within the system;
(f) "land degradation" means reduction or loss, in arid, semi-arid and
dry sub-humid areas, of the biological or economic productivity and complexity
of rainfed cropland, irrigated cropland, or range, pasture, forest and
woodlands resulting from land uses or from a process or combination of
processes, including processes arising from human activities and habitation
patterns, such as:
(i) soil erosion caused by wind and/or water;
(ii) deterioration of the physical, chemical and biological
or economic properties of soil; and
(iii) long-term loss of natural vegetation;
(g) "arid, semi-arid and dry sub-humid areas" means areas, other than
polar and sub-polar regions, in which the ratio of annual precipitation to
potential evapotranspiration falls within the range from 0.05 to 0.65;
(h) "affected areas" means arid, semi-arid and/or dry sub-humid areas
affected or threatened by desertification;
(i) "affected countries" means countries whose lands include, in whole
or in part, affected areas;
(j) "regional economic integration organization" means an organization
constituted by sovereign States of a given region which has competence in
respect of matters governed by this Convention and has been duly authorized,
in accordance with its internal procedures, to sign, ratify, accept, approve
or accede to this Convention;
(k) "developed country Parties" means developed country Parties and
regional economic integration organizations constituted by developed
countries.
Article 2
Objective
1. The objective of this Convention is to combat desertification and
mitigate the effects of drought in countries experiencing serious drought
and/or desertification, particularly in Africa, through effective action at
all levels, supported by international cooperation and partnership
arrangements, in the framework of an integrated approach which is consistent
with Agenda 21, with a view to contributing to the achievement of sustainable
development in affected areas.
2. Achieving this objective will involve long-term integrated
strategies that focus simultaneously, in affected areas, on improved
productivity of land, and the rehabilitation, conservation and sustainable
management of land and water resources, leading to improved living conditions,
in particular at the community level.
Article 3
Principles
In order to achieve the objective of this Convention and to implement
its provisions, the Parties shall be guided, inter alia, by the following:
(a) the Parties should ensure that decisions on the design and
implementation of programmes to combat desertification and/or mitigate the
effects of drought are taken with the participation of populations and local
communities and that an enabling environment is created at higher levels to
facilitate action at national and local levels;
(b) the Parties should, in a spirit of international solidarity and
partnership, improve cooperation and coordination at subregional, regional and
international levels, and better focus financial, human, organizational and
technical resources where they are needed;
(c) the Parties should develop, in a spirit of partnership,
cooperation among all levels of government, communities, non-governmental
organizations and landholders to establish a better understanding of the
nature and value of land and scarce water resources in affected areas and to
work towards their sustainable use; and
(d) the Parties should take into full consideration the special needs
and circumstances of affected developing country Parties, particularly the
least developed among them.
PART II
GENERAL PROVISIONS
Article 4
General obligations
1. The Parties shall implement their obligations under this
Convention, individually or jointly, either through existing or prospective
bilateral and multilateral arrangements or a combination thereof, as
appropriate, emphasizing the need to coordinate efforts and develop a coherent
long-term strategy at all levels.
2. In pursuing the objective of this Convention, the Parties shall:
(a) adopt an integrated approach addressing the physical, biological
and socio-economic aspects of the processes of desertification and drought;
(b) give due attention, within the relevant international and regional
bodies, to the situation of affected developing country Parties with regard to
international trade, marketing arrangements and debt with a view to
establishing an enabling international economic environment conducive to the
promotion of sustainable development;
(c) integrate strategies for poverty eradication into efforts to
combat desertification and mitigate the effects of drought;
(d) promote cooperation among affected country Parties in the fields
of environmental protection and the conservation of land and water resources,
as they relate to desertification and drought;
(e) strengthen subregional, regional and international cooperation;
(f) cooperate within relevant intergovernmental organizations;
(g) determine institutional mechanisms, if appropriate, keeping in
mind the need to avoid duplication; and
(h) promote the use of existing bilateral and multilateral financial
mechanisms and arrangements that mobilize and channel substantial financial
resources to affected developing country Parties in combating desertification
and mitigating the effects of drought.
3. Affected developing country Parties are eligible for assistance in
the implementation of the Convention.
Article 5
Obligations of affected country Parties
In addition to their obligations pursuant to article 4, affected country
Parties undertake to:
(a) give due priority to combating desertification and mitigating the
effects of drought, and allocate adequate resources in accordance with their
circumstances and capabilities;
(b) establish strategies and priorities, within the framework of
sustainable development plans and/or policies, to combat desertification and
mitigate the effects of drought;
(c) address the underlying causes of desertification and pay special
attention to the socio-economic factors contributing to desertification
processes;
(d) promote awareness and facilitate the participation of local
populations, particularly women and youth, with the support of non-
governmental organizations, in efforts to combat desertification and mitigate
the effects of drought; and
(e) 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.
Article 6
Obligations of developed country Parties
In addition to their general obligations pursuant to article 4,
developed country Parties undertake to:
(a) actively support, as agreed, individually or jointly, the efforts
of affected developing country Parties, particularly those in Africa, and the
least developed countries, to combat desertification and mitigate the effects
of drought;
(b) provide substantial financial resources and other forms of support
to assist affected developing country Parties, particularly those in Africa,
effectively to develop and implement their own long-term plans and strategies
to combat desertification and mitigate the effects of drought;
(c) promote the mobilization of new and additional funding pursuant to
article 20, paragraph 2 (b);
(d) encourage the mobilization of funding from the private sector and
other non-governmental sources; and
(e) promote and facilitate access by affected country Parties,
particularly affected developing country Parties, to appropriate technology,
knowledge and know-how.
Article 7
Priority for Africa
In implementing this Convention, the Parties shall give priority to
affected African country Parties, in the light of the particular situation
prevailing in that region, while not neglecting affected developing country
Parties in other regions.
Article 8
Relationship with other conventions
1. The Parties shall encourage the coordination of activities carried
out under this Convention and, if they are Parties to them, under other
relevant international agreements, particularly the United Nations Framework
Convention on Climate Change and the Convention on Biological Diversity, in
order to derive maximum benefit from activities under each agreement while
avoiding duplication of effort. The Parties shall encourage the conduct of
joint programmes, particularly in the fields of research, training, systematic
observation and information collection and exchange, to the extent that such
activities may contribute to achieving the objectives of the agreements
concerned.
2. The provisions of this Convention shall not affect the rights and
obligations of any Party deriving from a bilateral, regional or international
agreement into which it has entered prior to the entry into force of this
Convention for it.
ELABORATION OF AN INTERNATIONAL CONVENTION TO COMBAT DESERTIFICATION
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GENERAL
A/AC.241/27
12 September 1994
ENGLISH
Original: ENGLISH
INTERGOVERNMENTAL NEGOTIATING COMMITTEE FOR
THE ELABORATION OF AN INTERNATIONAL CONVENTION
TO COMBAT DESERTIFICATION IN THOSE COUNTRIES
EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
ELABORATION OF AN INTERNATIONAL CONVENTION TO COMBAT DESERTIFICATION
IN COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR DESERTIFICATION,
PARTICULARLY IN AFRICA
Final text of the Convention
Note by the Secretariat
Attached is the final text of the United Nations Convention to Combat
Desertification in Those Countries Experiencing Serious Drought and/or
Desertification, Particularly in Africa, following completion of the
verification processes as requested by the INCD upon adoption of the
Convention at its fifth session, on 17 June 1994.
The final text has been forwarded to the Office of Legal Affairs of the
United Nations, which acts as Depositary, in order to prepare for the signing
ceremony to be held in Paris, on 14-15 October 1994.
UNITED NATIONS CONVENTION TO COMBAT DESERTIFICATION
IN THOSE COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
The Parties to this Convention,
Affirming that human beings in affected or threatened areas are at the
centre of concerns to combat desertification and mitigate the effects of
drought,
Reflecting the urgent concern of the international community, including
States and international organizations, about the adverse impacts of
desertification and drought,
Aware that arid, semi-arid and dry sub-humid areas together account for
a significant proportion of the Earth's land area and are the habitat and
source of livelihood for a large segment of its population,
Acknowledging that desertification and drought are problems of global
dimension in that they affect all regions of the world and that joint action
of the international community is needed to combat desertification and/or
mitigate the effects of drought,
Noting the high concentration of developing countries, notably the least
developed countries, among those experiencing serious drought and/or
desertification, and the particularly tragic consequences of these phenomena
in Africa,
Noting also that desertification is caused by complex interactions among
physical, biological, political, social, cultural and economic factors,
Considering the impact of trade and relevant aspects of international
economic relations on the ability of affected countries to combat
desertification adequately,
Conscious that sustainable economic growth, social development and
poverty eradication are priorities of affected developing countries,
particularly in Africa, and are essential to meeting sustainability
objectives,
Mindful that desertification and drought affect sustainable development
through their interrelationships with important social problems such as
poverty, poor health and nutrition, lack of food security, and those arising
from migration, displacement of persons and demographic dynamics,
Appreciating the significance of the past efforts and experience of
States and international organizations in combating desertification and
mitigating the effects of drought, particularly in implementing the Plan of
Action to Combat Desertification which was adopted at the United Nations
Conference on Desertification in 1977,
Realizing that, despite efforts in the past, progress in combating
desertification and mitigating the effects of drought has not met expectations
and that a new and more effective approach is needed at all levels within the
framework of sustainable development,
Recognizing the validity and relevance of decisions adopted at the
United Nations Conference on Environment and Development, particularly of
Agenda 21 and its chapter 12, which provide a basis for combating
desertification,
Reaffirming in this light the commitments of developed countries as
contained in paragraph 13 of chapter 33 of Agenda 21,
Recalling General Assembly resolution 47/188, particularly the priority
in it prescribed for Africa, and all other relevant United Nations
resolutions, decisions and programmes on desertification and drought, as well
as relevant declarations by African countries and those from other regions,
Reaffirming the Rio Declaration on Environment and Development which
states, in its Principle 2, that States have, in accordance with the Charter
of the United Nations and the principles of international law, the sovereign
right to exploit their own resources pursuant to their own environmental and
developmental policies, and the responsibility to ensure that activities
within their jurisdiction or control do not cause damage to the environment of
other States or of areas beyond the limits of national jurisdiction,
Recognizing that national Governments play a critical role in combating
desertification and mitigating the effects of drought and that progress in
that respect depends on local implementation of action programmes in affected
areas,
Recognizing also the importance and necessity of international
cooperation and partnership in combating desertification and mitigating the
effects of drought,
Recognizing further the importance of the provision to affected
developing countries, particularly in Africa, of effective means, inter alia
substantial financial resources, including new and additional funding, and
access to technology, without which it will be difficult for them to implement
fully their commitments under this Convention,
Expressing concern over the impact of desertification and drought on
affected countries in Central Asia and the Transcaucasus,
Stressing the important role played by women in regions affected by
desertification and/or drought, particularly in rural areas of developing
countries, and the importance of ensuring the full participation of both men
and women at all levels in programmes to combat desertification and mitigate
the effects of drought,
Emphasizing the special role of non-governmental organizations and other
major groups in programmes to combat desertification and mitigate the effects
of drought,
Bearing in mind the relationship between desertification and other
environmental problems of global dimension facing the international and
national communities,
Bearing also in mind the contribution that combating desertification can
make to achieving the objectives of the United Nations Framework Convention on
Climate Change, the Convention on Biological Diversity and other related
environmental conventions,
Believing that strategies to combat desertification and mitigate the
effects of drought will be most effective if they are based on sound
systematic observation and rigorous scientific knowledge and if they are
continuously re-evaluated,
Recognizing the urgent need to improve the effectiveness and
coordination of international cooperation to facilitate the implementation of
national plans and priorities,
Determined to take appropriate action in combating desertification and
mitigating the effects of drought for the benefit of present and future
generations,
Have agreed as follows:
PART I
INTRODUCTION
Article 1
Use of terms
For the purposes of this Convention:
(a) "desertification" means land degradation in arid, semi-arid and
dry sub-humid areas resulting from various factors, including climatic
variations and human activities;
(b) "combating desertification" includes activities which are part of
the integrated development of land in arid, semi-arid and dry sub-humid areas
for sustainable development which are aimed at:
(i) prevention and/or reduction of land degradation;
(ii) rehabilitation of partly degraded land; and
(iii) reclamation of desertified land;
(c) "drought" means the naturally occurring phenomenon that exists
when precipitation has been significantly below normal recorded levels,
causing serious hydrological imbalances that adversely affect land resource
production systems;
(d) "mitigating the effects of drought" means activities related to
the prediction of drought and intended to reduce the vulnerability of society
and natural systems to drought as it relates to combating desertification;
(e) "land" means the terrestrial bio-productive system that comprises
soil, vegetation, other biota, and the ecological and hydrological processes
that operate within the system;
(f) "land degradation" means reduction or loss, in arid, semi-arid and
dry sub-humid areas, of the biological or economic productivity and complexity
of rainfed cropland, irrigated cropland, or range, pasture, forest and
woodlands resulting from land uses or from a process or combination of
processes, including processes arising from human activities and habitation
patterns, such as:
(i) soil erosion caused by wind and/or water;
(ii) deterioration of the physical, chemical and biological
or economic properties of soil; and
(iii) long-term loss of natural vegetation;
(g) "arid, semi-arid and dry sub-humid areas" means areas, other than
polar and sub-polar regions, in which the ratio of annual precipitation to
potential evapotranspiration falls within the range from 0.05 to 0.65;
(h) "affected areas" means arid, semi-arid and/or dry sub-humid areas
affected or threatened by desertification;
(i) "affected countries" means countries whose lands include, in whole
or in part, affected areas;
(j) "regional economic integration organization" means an organization
constituted by sovereign States of a given region which has competence in
respect of matters governed by this Convention and has been duly authorized,
in accordance with its internal procedures, to sign, ratify, accept, approve
or accede to this Convention;
(k) "developed country Parties" means developed country Parties and
regional economic integration organizations constituted by developed
countries.
Article 2
Objective
1. The objective of this Convention is to combat desertification and
mitigate the effects of drought in countries experiencing serious drought
and/or desertification, particularly in Africa, through effective action at
all levels, supported by international cooperation and partnership
arrangements, in the framework of an integrated approach which is consistent
with Agenda 21, with a view to contributing to the achievement of sustainable
development in affected areas.
2. Achieving this objective will involve long-term integrated
strategies that focus simultaneously, in affected areas, on improved
productivity of land, and the rehabilitation, conservation and sustainable
management of land and water resources, leading to improved living conditions,
in particular at the community level.
Article 3
Principles
In order to achieve the objective of this Convention and to implement
its provisions, the Parties shall be guided, inter alia, by the following:
(a) the Parties should ensure that decisions on the design and
implementation of programmes to combat desertification and/or mitigate the
effects of drought are taken with the participation of populations and local
communities and that an enabling environment is created at higher levels to
facilitate action at national and local levels;
(b) the Parties should, in a spirit of international solidarity and
partnership, improve cooperation and coordination at subregional, regional and
international levels, and better focus financial, human, organizational and
technical resources where they are needed;
(c) the Parties should develop, in a spirit of partnership,
cooperation among all levels of government, communities, non-governmental
organizations and landholders to establish a better understanding of the
nature and value of land and scarce water resources in affected areas and to
work towards their sustainable use; and
(d) the Parties should take into full consideration the special needs
and circumstances of affected developing country Parties, particularly the
least developed among them.
PART II
GENERAL PROVISIONS
Article 4
General obligations
1. The Parties shall implement their obligations under this
Convention, individually or jointly, either through existing or prospective
bilateral and multilateral arrangements or a combination thereof, as
appropriate, emphasizing the need to coordinate efforts and develop a coherent
long-term strategy at all levels.
2. In pursuing the objective of this Convention, the Parties shall:
(a) adopt an integrated approach addressing the physical, biological
and socio-economic aspects of the processes of desertification and drought;
(b) give due attention, within the relevant international and regional
bodies, to the situation of affected developing country Parties with regard to
international trade, marketing arrangements and debt with a view to
establishing an enabling international economic environment conducive to the
promotion of sustainable development;
(c) integrate strategies for poverty eradication into efforts to
combat desertification and mitigate the effects of drought;
(d) promote cooperation among affected country Parties in the fields
of environmental protection and the conservation of land and water resources,
as they relate to desertification and drought;
(e) strengthen subregional, regional and international cooperation;
(f) cooperate within relevant intergovernmental organizations;
(g) determine institutional mechanisms, if appropriate, keeping in
mind the need to avoid duplication; and
(h) promote the use of existing bilateral and multilateral financial
mechanisms and arrangements that mobilize and channel substantial financial
resources to affected developing country Parties in combating desertification
and mitigating the effects of drought.
3. Affected developing country Parties are eligible for assistance in
the implementation of the Convention.
Article 5
Obligations of affected country Parties
In addition to their obligations pursuant to article 4, affected country
Parties undertake to:
(a) give due priority to combating desertification and mitigating the
effects of drought, and allocate adequate resources in accordance with their
circumstances and capabilities;
(b) establish strategies and priorities, within the framework of
sustainable development plans and/or policies, to combat desertification and
mitigate the effects of drought;
(c) address the underlying causes of desertification and pay special
attention to the socio-economic factors contributing to desertification
processes;
(d) promote awareness and facilitate the participation of local
populations, particularly women and youth, with the support of non-
governmental organizations, in efforts to combat desertification and mitigate
the effects of drought; and
(e) 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.
Article 6
Obligations of developed country Parties
In addition to their general obligations pursuant to article 4,
developed country Parties undertake to:
(a) actively support, as agreed, individually or jointly, the efforts
of affected developing country Parties, particularly those in Africa, and the
least developed countries, to combat desertification and mitigate the effects
of drought;
(b) provide substantial financial resources and other forms of support
to assist affected developing country Parties, particularly those in Africa,
effectively to develop and implement their own long-term plans and strategies
to combat desertification and mitigate the effects of drought;
(c) promote the mobilization of new and additional funding pursuant to
article 20, paragraph 2 (b);
(d) encourage the mobilization of funding from the private sector and
other non-governmental sources; and
(e) promote and facilitate access by affected country Parties,
particularly affected developing country Parties, to appropriate technology,
knowledge and know-how.
Article 7
Priority for Africa
In implementing this Convention, the Parties shall give priority to
affected African country Parties, in the light of the particular situation
prevailing in that region, while not neglecting affected developing country
Parties in other regions.
Article 8
Relationship with other conventions
1. The Parties shall encourage the coordination of activities carried
out under this Convention and, if they are Parties to them, under other
relevant international agreements, particularly the United Nations Framework
Convention on Climate Change and the Convention on Biological Diversity, in
order to derive maximum benefit from activities under each agreement while
avoiding duplication of effort. The Parties shall encourage the conduct of
joint programmes, particularly in the fields of research, training, systematic
observation and information collection and exchange, to the extent that such
activities may contribute to achieving the objectives of the agreements
concerned.
2. The provisions of this Convention shall not affect the rights and
obligations of any Party deriving from a bilateral, regional or international
agreement into which it has entered prior to the entry into force of this
Convention for it.
PART III
ACTION PROGRAMMES, SCIENTIFIC AND TECHNICAL COOPERATION
AND SUPPORTING MEASURES
Section 1: Action programmes
Article 9
Basic approach
1. In carrying out their obligations pursuant to article 5, affected
developing country Parties and any other affected country Party in the
framework of its regional implementation annex or, otherwise, that has
notified the Permanent Secretariat in writing of its intention to prepare a
national action programme, shall, as appropriate, prepare, make public and
implement national action programmes, utilizing and building, to the extent
possible, on existing relevant successful plans and programmes, and
subregional and regional action programmes, as the central element of the
strategy to combat desertification and mitigate the effects of drought. Such
programmes shall be updated through a continuing participatory process on the
basis of lessons from field action, as well as the results of research. The
preparation of national action programmes shall be closely interlinked with
other efforts to formulate national policies for sustainable development.
2. In the provision by developed country Parties of different forms
of assistance under the terms of article 6, priority shall be given to
supporting, as agreed, national, subregional and regional action programmes of
affected developing country Parties, particularly those in Africa, either
directly or through relevant multilateral organizations or both.
3. The Parties shall encourage organs, funds and programmes of the
United Nations system and other relevant intergovernmental organizations,
academic institutions, the scientific community and non-governmental
organizations in a position to cooperate, in accordance with their mandates
and capabilities, to support the elaboration, implementation and follow-up of
action programmes.
Article 10
National action programmes
1. The purpose of national action programmes is to identify the
factors contributing to desertification and practical measures necessary to
combat desertification and mitigate the effects of drought.
2. National action programmes shall specify the respective roles of
government, local communities and land users and the resources available and
needed. They shall, inter alia:
(a) incorporate long-term strategies to combat desertification and
mitigate the effects of drought, emphasize implementation and be integrated
with national policies for sustainable development;
(b) allow for modifications to be made in response to changing
circumstances and be sufficiently flexible at the local level to cope with
different socio-economic, biological and geo-physical conditions;
(c) give particular attention to the implementation of preventive
measures for lands that are not yet degraded or which are only slightly
degraded;
(d) enhance national climatological, meteorological and hydrological
capabilities and the means to provide for drought early warning;
(e) promote policies and strengthen institutional frameworks which
develop cooperation and coordination, in a spirit of partnership, between the
donor community, governments at all levels, local populations and community
groups, and facilitate access by local populations to appropriate information
and technology;
(f) provide for effective participation at the local, national and
regional levels of non-governmental organizations and local populations, both
women and men, particularly resource users, including farmers and pastoralists
and their representative organizations, in policy planning, decision-making,
and implementation and review of national action programmes; and
(g) require regular review of, and progress reports on, their
implementation.
3. National action programmes may include, inter alia, some o
ELABORATION OF AN INTERNATIONAL CONVENTION TO COMBAT DESERTIFICATION
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GENERAL
A/AC.241/27
12 September 1994
ENGLISH
Original: ENGLISH
INTERGOVERNMENTAL NEGOTIATING COMMITTEE FOR
THE ELABORATION OF AN INTERNATIONAL CONVENTION
TO COMBAT DESERTIFICATION IN THOSE COUNTRIES
EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
ELABORATION OF AN INTERNATIONAL CONVENTION TO COMBAT DESERTIFICATION
IN COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR DESERTIFICATION,
PARTICULARLY IN AFRICA
Final text of the Convention
Note by the Secretariat
Attached is the final text of the United Nations Convention to Combat
Desertification in Those Countries Experiencing Serious Drought and/or
Desertification, Particularly in Africa, following completion of the
verification processes as requested by the INCD upon adoption of the
Convention at its fifth session, on 17 June 1994.
The final text has been forwarded to the Office of Legal Affairs of the
United Nations, which acts as Depositary, in order to prepare for the signing
ceremony to be held in Paris, on 14-15 October 1994.
UNITED NATIONS CONVENTION TO COMBAT DESERTIFICATION
IN THOSE COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
The Parties to this Convention,
Affirming that human beings in affected or threatened areas are at the
centre of concerns to combat desertification and mitigate the effects of
drought,
Reflecting the urgent concern of the international community, including
States and international organizations, about the adverse impacts of
desertification and drought,
Aware that arid, semi-arid and dry sub-humid areas together account for
a significant proportion of the Earth's land area and are the habitat and
source of livelihood for a large segment of its population,
Acknowledging that desertification and drought are problems of global
dimension in that they affect all regions of the world and that joint action
of the international community is needed to combat desertification and/or
mitigate the effects of drought,
Noting the high concentration of developing countries, notably the least
developed countries, among those experiencing serious drought and/or
desertification, and the particularly tragic consequences of these phenomena
in Africa,
Noting also that desertification is caused by complex interactions among
physical, biological, political, social, cultural and economic factors,
Considering the impact of trade and relevant aspects of international
economic relations on the ability of affected countries to combat
desertification adequately,
Conscious that sustainable economic growth, social development and
poverty eradication are priorities of affected developing countries,
particularly in Africa, and are essential to meeting sustainability
objectives,
Mindful that desertification and drought affect sustainable development
through their interrelationships with important social problems such as
poverty, poor health and nutrition, lack of food security, and those arising
from migration, displacement of persons and demographic dynamics,
Appreciating the significance of the past efforts and experience of
States and international organizations in combating desertification and
mitigating the effects of drought, particularly in implementing the Plan of
Action to Combat Desertification which was adopted at the United Nations
Conference on Desertification in 1977,
Realizing that, despite efforts in the past, progress in combating
desertification and mitigating the effects of drought has not met expectations
and that a new and more effective approach is needed at all levels within the
framework of sustainable development,
Recognizing the validity and relevance of decisions adopted at the
United Nations Conference on Environment and Development, particularly of
Agenda 21 and its chapter 12, which provide a basis for combating
desertification,
Reaffirming in this light the commitments of developed countries as
contained in paragraph 13 of chapter 33 of Agenda 21,
Recalling General Assembly resolution 47/188, particularly the priority
in it prescribed for Africa, and all other relevant United Nations
resolutions, decisions and programmes on desertification and drought, as well
as relevant declarations by African countries and those from other regions,
Reaffirming the Rio Declaration on Environment and Development which
states, in its Principle 2, that States have, in accordance with the Charter
of the United Nations and the principles of international law, the sovereign
right to exploit their own resources pursuant to their own environmental and
developmental policies, and the responsibility to ensure that activities
within their jurisdiction or control do not cause damage to the environment of
other States or of areas beyond the limits of national jurisdiction,
Recognizing that national Governments play a critical role in combating
desertification and mitigating the effects of drought and that progress in
that respect depends on local implementation of action programmes in affected
areas,
Recognizing also the importance and necessity of international
cooperation and partnership in combating desertification and mitigating the
effects of drought,
Recognizing further the importance of the provision to affected
developing countries, particularly in Africa, of effective means, inter alia
substantial financial resources, including new and additional funding, and
access to technology, without which it will be difficult for them to implement
fully their commitments under this Convention,
Expressing concern over the impact of desertification and drought on
affected countries in Central Asia and the Transcaucasus,
Stressing the important role played by women in regions affected by
desertification and/or drought, particularly in rural areas of developing
countries, and the importance of ensuring the full participation of both men
and women at all levels in programmes to combat desertification and mitigate
the effects of drought,
Emphasizing the special role of non-governmental organizations and other
major groups in programmes to combat desertification and mitigate the effects
of drought,
Bearing in mind the relationship between desertification and other
environmental problems of global dimension facing the international and
national communities,
Bearing also in mind the contribution that combating desertification can
make to achieving the objectives of the United Nations Framework Convention on
Climate Change, the Convention on Biological Diversity and other related
environmental conventions,
Believing that strategies to combat desertification and mitigate the
effects of drought will be most effective if they are based on sound
systematic observation and rigorous scientific knowledge and if they are
continuously re-evaluated,
Recognizing the urgent need to improve the effectiveness and
coordination of international cooperation to facilitate the implementation of
national plans and priorities,
Determined to take appropriate action in combating desertification and
mitigating the effects of drought for the benefit of present and future
generations,
Have agreed as follows:
PART I
INTRODUCTION
Article 1
Use of terms
For the purposes of this Convention:
(a) "desertification" means land degradation in arid, semi-arid and
dry sub-humid areas resulting from various factors, including climatic
variations and human activities;
(b) "combating desertification" includes activities which are part of
the integrated development of land in arid, semi-arid and dry sub-humid areas
for sustainable development which are aimed at:
(i) prevention and/or reduction of land degradation;
(ii) rehabilitation of partly degraded land; and
(iii) reclamation of desertified land;
(c) "drought" means the naturally occurring phenomenon that exists
when precipitation has been significantly below normal recorded levels,
causing serious hydrological imbalances that adversely affect land resource
production systems;
(d) "mitigating the effects of drought" means activities related to
the prediction of drought and intended to reduce the vulnerability of society
and natural systems to drought as it relates to combating desertification;
(e) "land" means the terrestrial bio-productive system that comprises
soil, vegetation, other biota, and the ecological and hydrological processes
that operate within the system;
(f) "land degradation" means reduction or loss, in arid, semi-arid and
dry sub-humid areas, of the biological or economic productivity and complexity
of rainfed cropland, irrigated cropland, or range, pasture, forest and
woodlands resulting from land uses or from a process or combination of
processes, including processes arising from human activities and habitation
patterns, such as:
(i) soil erosion caused by wind and/or water;
(ii) deterioration of the physical, chemical and biological
or economic properties of soil; and
(iii) long-term loss of natural vegetation;
(g) "arid, semi-arid and dry sub-humid areas" means areas, other than
polar and sub-polar regions, in which the ratio of annual precipitation to
potential evapotranspiration falls within the range from 0.05 to 0.65;
(h) "affected areas" means arid, semi-arid and/or dry sub-humid areas
affected or threatened by desertification;
(i) "affected countries" means countries whose lands include, in whole
or in part, affected areas;
(j) "regional economic integration organization" means an organization
constituted by sovereign States of a given region which has competence in
respect of matters governed by this Convention and has been duly authorized,
in accordance with its internal procedures, to sign, ratify, accept, approve
or accede to this Convention;
(k) "developed country Parties" means developed country Parties and
regional economic integration organizations constituted by developed
countries.
Article 2
Objective
1. The objective of this Convention is to combat desertification and
mitigate the effects of drought in countries experiencing serious drought
and/or desertification, particularly in Africa, through effective action at
all levels, supported by international cooperation and partnership
arrangements, in the framework of an integrated approach which is consistent
with Agenda 21, with a view to contributing to the achievement of sustainable
development in affected areas.
2. Achieving this objective will involve long-term integrated
strategies that focus simultaneously, in affected areas, on improved
productivity of land, and the rehabilitation, conservation and sustainable
management of land and water resources, leading to improved living conditions,
in particular at the community level.
Article 3
Principles
In order to achieve the objective of this Convention and to implement
its provisions, the Parties shall be guided, inter alia, by the following:
(a) the Parties should ensure that decisions on the design and
implementation of programmes to combat desertification and/or mitigate the
effects of drought are taken with the participation of populations and local
communities and that an enabling environment is created at higher levels to
facilitate action at national and local levels;
(b) the Parties should, in a spirit of international solidarity and
partnership, improve cooperation and coordination at subregional, regional and
international levels, and better focus financial, human, organizational and
technical resources where they are needed;
(c) the Parties should develop, in a spirit of partnership,
cooperation among all levels of government, communities, non-governmental
organizations and landholders to establish a better understanding of the
nature and value of land and scarce water resources in affected areas and to
work towards their sustainable use; and
(d) the Parties should take into full consideration the special needs
and circumstances of affected developing country Parties, particularly the
least developed among them.
PART II
GENERAL PROVISIONS
Article 4
General obligations
1. The Parties shall implement their obligations under this
Convention, individually or jointly, either through existing or prospective
bilateral and multilateral arrangements or a combination thereof, as
appropriate, emphasizing the need to coordinate efforts and develop a coherent
long-term strategy at all levels.
2. In pursuing the objective of this Convention, the Parties shall:
(a) adopt an integrated approach addressing the physical, biological
and socio-economic aspects of the processes of desertification and drought;
(b) give due attention, within the relevant international and regional
bodies, to the situation of affected developing country Parties with regard to
international trade, marketing arrangements and debt with a view to
establishing an enabling international economic environment conducive to the
promotion of sustainable development;
(c) integrate strategies for poverty eradication into efforts to
combat desertification and mitigate the effects of drought;
(d) promote cooperation among affected country Parties in the fields
of environmental protection and the conservation of land and water resources,
as they relate to desertification and drought;
(e) strengthen subregional, regional and international cooperation;
(f) cooperate within relevant intergovernmental organizations;
(g) determine institutional mechanisms, if appropriate, keeping in
mind the need to avoid duplication; and
(h) promote the use of existing bilateral and multilateral financial
mechanisms and arrangements that mobilize and channel substantial financial
resources to affected developing country Parties in combating desertification
and mitigating the effects of drought.
3. Affected developing country Parties are eligible for assistance in
the implementation of the Convention.
Article 5
Obligations of affected country Parties
In addition to their obligations pursuant to article 4, affected country
Parties undertake to:
(a) give due priority to combating desertification and mitigating the
effects of drought, and allocate adequate resources in accordance with their
circumstances and capabilities;
(b) establish strategies and priorities, within the framework of
sustainable development plans and/or policies, to combat desertification and
mitigate the effects of drought;
(c) address the underlying causes of desertification and pay special
attention to the socio-economic factors contributing to desertification
processes;
(d) promote awareness and facilitate the participation of local
populations, particularly women and youth, with the support of non-
governmental organizations, in efforts to combat desertification and mitigate
the effects of drought; and
(e) 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.
Article 6
Obligations of developed country Parties
In addition to their general obligations pursuant to article 4,
developed country Parties undertake to:
(a) actively support, as agreed, individually or jointly, the efforts
of affected developing country Parties, particularly those in Africa, and the
least developed countries, to combat desertification and mitigate the effects
of drought;
(b) provide substantial financial resources and other forms of support
to assist affected developing country Parties, particularly those in Africa,
effectively to develop and implement their own long-term plans and strategies
to combat desertification and mitigate the effects of drought;
(c) promote the mobilization of new and additional funding pursuant to
article 20, paragraph 2 (b);
(d) encourage the mobilization of funding from the private sector and
other non-governmental sources; and
(e) promote and facilitate access by affected country Parties,
particularly affected developing country Parties, to appropriate technology,
knowledge and know-how.
Article 7
Priority for Africa
In implementing this Convention, the Parties shall give priority to
affected African country Parties, in the light of the particular situation
prevailing in that region, while not neglecting affected developing country
Parties in other regions.
Article 8
Relationship with other conventions
1. The Parties shall encourage the coordination of activities carried
out under this Convention and, if they are Parties to them, under other
relevant international agreements, particularly the United Nations Framework
Convention on Climate Change and the Convention on Biological Diversity, in
order to derive maximum benefit from activities under each agreement while
avoiding duplication of effort. The Parties shall encourage the conduct of
joint programmes, particularly in the fields of research, training, systematic
observation and information collection and exchange, to the extent that such
activities may contribute to achieving the objectives of the agreements
concerned.
2. The provisions of this Convention shall not affect the rights and
obligations of any Party deriving from a bilateral, regional or international
agreement into which it has entered prior to the entry into force of this
Convention for it.
PART III
ACTION PROGRAMMES, SCIENTIFIC AND TECHNICAL COOPERATION
AND SUPPORTING MEASURES
Section 1: Action programmes
Article 9
Basic approach
1. In carrying out their obligations pursuant to article 5, affected
developing country Parties and any other affected country Party in the
framework of its regional implementation annex or, otherwise, that has
notified the Permanent Secretariat in writing of its intention to prepare a
national action programme, shall, as appropriate, prepare, make public and
implement national action programmes, utilizing and building, to the extent
possible, on existing relevant successful plans and programmes, and
subregional and regional action programmes, as the central element of the
strategy to combat desertification and mitigate the effects of drought. Such
programmes shall be updated through a continuing participatory process on the
basis of lessons from field action, as well as the results of research. The
preparation of national action programmes shall be closely interlinked with
other efforts to formulate national policies for sustainable development.
2. In the provision by developed country Parties of different forms
of assistance under the terms of article 6, priority shall be given to
supporting, as agreed, national, subregional and regional action programmes of
affected developing country Parties, particularly those in Africa, either
directly or through relevant multilateral organizations or both.
3. The Parties shall encourage organs, funds and programmes of the
United Nations system and other relevant intergovernmental organizations,
academic institutions, the scientific community and non-governmental
organizations in a position to cooperate, in accordance with their mandates
and capabilities, to support the elaboration, implementation and follow-up of
action programmes.
Article 10
National action programmes
1. The purpose of national action programmes is to identify the
factors contributing to desertification and practical measures necessary to
combat desertification and mitigate the effects of drought.
2. National action programmes shall specify the respective roles of
government, local communities and land users and the resources available and
needed. They shall, inter alia:
(a) incorporate long-term strategies to combat desertification and
mitigate the effects of drought, emphasize implementation and be integrated
with national policies for sustainable development;
(b) allow for modifications to be made in response to changing
circumstances and be sufficiently flexible at the local level to cope with
different socio-economic, biological and geo-physical conditions;
(c) give particular attention to the implementation of preventive
measures for lands that are not yet degraded or which are only slightly
degraded;
(d) enhance national climatological, meteorological and hydrological
capabilities and the means to provide for drought early warning;
(e) promote policies and strengthen institutional frameworks which
develop cooperation and coordination, in a spirit of partnership, between the
donor community, governments at all levels, local populations and community
groups, and facilitate access by local populations to appropriate information
and technology;
(f) provide for effective participation at the local, national and
regional levels of non-governmental organizations and local populations, both
women and men, particularly resource users, including farmers and pastoralists
and their representative organizations, in policy planning, decision-making,
and implementation and review of national action programmes; and
(g) require regular review of, and progress reports on, their
implementation.
3. National action programmes may include, inter alia, some or all of
the following measures to prepare for and mitigate the effects of drought:
(a) establishment and/or strengthening, as appropriate, of early
warning systems, including local and national facilities and joint systems at
the subregional and regional levels, and mechanisms for assisting
environmentally displaced persons;
(b) strengthening of drought preparedness and management, including
drought contingency plans at the local, national, subregional and regional
levels, which take into consideration seasonal to interannual climate
predictions;
(c) establishment and/or strengthening, as appropriate, of food
security systems, including storage and marketing facilities, particularly in
rural areas;
(d) establishment of alternative livelihood projects that could
provide incomes in drought prone areas; and
(e) development of sustainable irrigation programmes for both crops
and livestock.
4. Taking into account the circumstances and requirements specific to
each affected country Party, national action programmes include, as
appropriate, inter alia, measures in some or all of the following priority
fields as they relate to combating desertification and mitigating the effects
of drought in affected areas and to their populations: promotion of
alternative livelihoods and improvement of national economic environments with
a view to strengthening programmes aimed at the eradication of poverty and at
ensuring food security; demographic dynamics; sustainable management of
natural resources; sustainable agricultural practices; development and
efficient use of various energy sources; institutional and legal frameworks;
strengthening of capabilities for assessment and systematic observation,
including hydrological and meteorological services, and capacity building,
education and public awareness.
Article 11
Subregional and regional action programmes
Affected country Parties shall consult and cooperate to prepare, as
appropriate, in accordance with relevant regional implementation annexes,
subregional and/or regional action programmes to harmonize, complement and
increase the efficiency of national programmes. The provisions of article 10
shall apply mutatis mutandis to subregional and regional programmes. Such
cooperation may include agreed joint programmes for the sustainable management
of transboundary natural resources, scientific and technical cooperation, and
strengthening of relevant institutions.
Article 12
International cooperation
Affected country Parties, in collaboration with other Parties and the
international community, should cooperate to ensure the promotion of an
enabling international environment in the implementation of the Convention.
Such cooperation should also cover fields of technology transfer as well as
scientific research and development, information collection and dissemination
and financial resources.
Article 13
Support for the elaboration and
implementation of action programmes
1. Measures to support action programmes pursuant to article 9
include, inter alia:
(a) financial cooperation to provide predictability for action
programmes, allowing for necessary long-term planning;
(b) elaboration and use of cooperation mechanisms which better enable
support at the local level, including action through non-governmental
organizations, in order to promote the replicability of successful pilot
programme activities where relevant;
(c) increased flexibility in project design, funding and
implementation in keeping with the experimental, iterative approach indicated
for participatory action at the local community level; and
(d) as appropriate, administrative and budgetary procedures that
increase the efficiency of cooperation and of support programmes.
2. In providing such support to affected developing countr
ELABORATION OF AN INTERNATIONAL CONVENTION TO COMBAT DESERTIFICATION
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Environmental Treaties and Resource Indicators (ENTRI) -- Full Text File
See the ENTRI query system for information about the status of this treaty.
See the ENTRI thematic guide for more information about the relationships between environmental treaties, national resource indicators, and remotely sensed data.
*******************************************************************
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United Nations. Reproduction and dissemination of the document -
in electronic and/or printed format - is encouraged, provided
acknowledgement is made of the role of the United Nations in making
it available.
*******************************************************************
Distr.
GENERAL
A/AC.241/27
12 September 1994
ENGLISH
Original: ENGLISH
INTERGOVERNMENTAL NEGOTIATING COMMITTEE FOR
THE ELABORATION OF AN INTERNATIONAL CONVENTION
TO COMBAT DESERTIFICATION IN THOSE COUNTRIES
EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
ELABORATION OF AN INTERNATIONAL CONVENTION TO COMBAT DESERTIFICATION
IN COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR DESERTIFICATION,
PARTICULARLY IN AFRICA
Final text of the Convention
Note by the Secretariat
Attached is the final text of the United Nations Convention to Combat
Desertification in Those Countries Experiencing Serious Drought and/or
Desertification, Particularly in Africa, following completion of the
verification processes as requested by the INCD upon adoption of the
Convention at its fifth session, on 17 June 1994.
The final text has been forwarded to the Office of Legal Affairs of the
United Nations, which acts as Depositary, in order to prepare for the signing
ceremony to be held in Paris, on 14-15 October 1994.
UNITED NATIONS CONVENTION TO COMBAT DESERTIFICATION
IN THOSE COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
The Parties to this Convention,
Affirming that human beings in affected or threatened areas are at the
centre of concerns to combat desertification and mitigate the effects of
drought,
Reflecting the urgent concern of the international community, including
States and international organizations, about the adverse impacts of
desertification and drought,
Aware that arid, semi-arid and dry sub-humid areas together account for
a significant proportion of the Earth's land area and are the habitat and
source of livelihood for a large segment of its population,
Acknowledging that desertification and drought are problems of global
dimension in that they affect all regions of the world and that joint action
of the international community is needed to combat desertification and/or
mitigate the effects of drought,
Noting the high concentration of developing countries, notably the least
developed countries, among those experiencing serious drought and/or
desertification, and the particularly tragic consequences of these phenomena
in Africa,
Noting also that desertification is caused by complex interactions among
physical, biological, political, social, cultural and economic factors,
Considering the impact of trade and relevant aspects of international
economic relations on the ability of affected countries to combat
desertification adequately,
Conscious that sustainable economic growth, social development and
poverty eradication are priorities of affected developing countries,
particularly in Africa, and are essential to meeting sustainability
objectives,
Mindful that desertification and drought affect sustainable development
through their interrelationships with important social problems such as
poverty, poor health and nutrition, lack of food security, and those arising
from migration, displacement of persons and demographic dynamics,
Appreciating the significance of the past efforts and experience of
States and international organizations in combating desertification and
mitigating the effects of drought, particularly in implementing the Plan of
Action to Combat Desertification which was adopted at the United Nations
Conference on Desertification in 1977,
Realizing that, despite efforts in the past, progress in combating
desertification and mitigating the effects of drought has not met expectations
and that a new and more effective approach is needed at all levels within the
framework of sustainable development,
Recognizing the validity and relevance of decisions adopted at the
United Nations Conference on Environment and Development, particularly of
Agenda 21 and its chapter 12, which provide a basis for combating
desertification,
Reaffirming in this light the commitments of developed countries as
contained in paragraph 13 of chapter 33 of Agenda 21,
Recalling General Assembly resolution 47/188, particularly the priority
in it prescribed for Africa, and all other relevant United Nations
resolutions, decisions and programmes on desertification and drought, as well
as relevant declarations by African countries and those from other regions,
Reaffirming the Rio Declaration on Environment and Development which
states, in its Principle 2, that States have, in accordance with the Charter
of the United Nations and the principles of international law, the sovereign
right to exploit their own resources pursuant to their own environmental and
developmental policies, and the responsibility to ensure that activities
within their jurisdiction or control do not cause damage to the environment of
other States or of areas beyond the limits of national jurisdiction,
Recognizing that national Governments play a critical role in combating
desertification and mitigating the effects of drought and that progress in
that respect depends on local implementation of action programmes in affected
areas,
Recognizing also the importance and necessity of international
cooperation and partnership in combating desertification and mitigating the
effects of drought,
Recognizing further the importance of the provision to affected
developing countries, particularly in Africa, of effective means, inter alia
substantial financial resources, including new and additional funding, and
access to technology, without which it will be difficult for them to implement
fully their commitments under this Convention,
Expressing concern over the impact of desertification and drought on
affected countries in Central Asia and the Transcaucasus,
Stressing the important role played by women in regions affected by
desertification and/or drought, particularly in rural areas of developing
countries, and the importance of ensuring the full participation of both men
and women at all levels in programmes to combat desertification and mitigate
the effects of drought,
Emphasizing the special role of non-governmental organizations and other
major groups in programmes to combat desertification and mitigate the effects
of drought,
Bearing in mind the relationship between desertification and other
environmental problems of global dimension facing the international and
national communities,
Bearing also in mind the contribution that combating desertification can
make to achieving the objectives of the United Nations Framework Convention on
Climate Change, the Convention on Biological Diversity and other related
environmental conventions,
Believing that strategies to combat desertification and mitigate the
effects of drought will be most effective if they are based on sound
systematic observation and rigorous scientific knowledge and if they are
continuously re-evaluated,
Recognizing the urgent need to improve the effectiveness and
coordination of international cooperation to facilitate the implementation of
national plans and priorities,
Determined to take appropriate action in combating desertification and
mitigating the effects of drought for the benefit of present and future
generations,
Have agreed as follows:
PART I
INTRODUCTION
Article 1
Use of terms
For the purposes of this Convention:
(a) "desertification" means land degradation in arid, semi-arid and
dry sub-humid areas resulting from various factors, including climatic
variations and human activities;
(b) "combating desertification" includes activities which are part of
the integrated development of land in arid, semi-arid and dry sub-humid areas
for sustainable development which are aimed at:
(i) prevention and/or reduction of land degradation;
(ii) rehabilitation of partly degraded land; and
(iii) reclamation of desertified land;
(c) "drought" means the naturally occurring phenomenon that exists
when precipitation has been significantly below normal recorded levels,
causing serious hydrological imbalances that adversely affect land resource
production systems;
(d) "mitigating the effects of drought" means activities related to
the prediction of drought and intended to reduce the vulnerability of society
and natural systems to drought as it relates to combating desertification;
(e) "land" means the terrestrial bio-productive system that comprises
soil, vegetation, other biota, and the ecological and hydrological processes
that operate within the system;
(f) "land degradation" means reduction or loss, in arid, semi-arid and
dry sub-humid areas, of the biological or economic productivity and complexity
of rainfed cropland, irrigated cropland, or range, pasture, forest and
woodlands resulting from land uses or from a process or combination of
processes, including processes arising from human activities and habitation
patterns, such as:
(i) soil erosion caused by wind and/or water;
(ii) deterioration of the physical, chemical and biological
or economic properties of soil; and
(iii) long-term loss of natural vegetation;
(g) "arid, semi-arid and dry sub-humid areas" means areas, other than
polar and sub-polar regions, in which the ratio of annual precipitation to
potential evapotranspiration falls within the range from 0.05 to 0.65;
(h) "affected areas" means arid, semi-arid and/or dry sub-humid areas
affected or threatened by desertification;
(i) "affected countries" means countries whose lands include, in whole
or in part, affected areas;
(j) "regional economic integration organization" means an organization
constituted by sovereign States of a given region which has competence in
respect of matters governed by this Convention and has been duly authorized,
in accordance with its internal procedures, to sign, ratify, accept, approve
or accede to this Convention;
(k) "developed country Parties" means developed country Parties and
regional economic integration organizations constituted by developed
countries.
Article 2
Objective
1. The objective of this Convention is to combat desertification and
mitigate the effects of drought in countries experiencing serious drought
and/or desertification, particularly in Africa, through effective action at
all levels, supported by international cooperation and partnership
arrangements, in the framework of an integrated approach which is consistent
with Agenda 21, with a view to contributing to the achievement of sustainable
development in affected areas.
2. Achieving this objective will involve long-term integrated
strategies that focus simultaneously, in affected areas, on improved
productivity of land, and the rehabilitation, conservation and sustainable
management of land and water resources, leading to improved living conditions,
in particular at the community level.
Article 3
Principles
In order to achieve the objective of this Convention and to implement
its provisions, the Parties shall be guided, inter alia, by the following:
(a) the Parties should ensure that decisions on the design and
implementation of programmes to combat desertification and/or mitigate the
effects of drought are taken with the participation of populations and local
communities and that an enabling environment is created at higher levels to
facilitate action at national and local levels;
(b) the Parties should, in a spirit of international solidarity and
partnership, improve cooperation and coordination at subregional, regional and
international levels, and better focus financial, human, organizational and
technical resources where they are needed;
(c) the Parties should develop, in a spirit of partnership,
cooperation among all levels of government, communities, non-governmental
organizations and landholders to establish a better understanding of the
nature and value of land and scarce water resources in affected areas and to
work towards their sustainable use; and
(d) the Parties should take into full consideration the special needs
and circumstances of affected developing country Parties, particularly the
least developed among them.
PART II
GENERAL PROVISIONS
Article 4
General obligations
1. The Parties shall implement their obligations under this
Convention, individually or jointly, either through existing or prospective
bilateral and multilateral arrangements or a combination thereof, as
appropriate, emphasizing the need to coordinate efforts and develop a coherent
long-term strategy at all levels.
2. In pursuing the objective of this Convention, the Parties shall:
(a) adopt an integrated approach addressing the physical, biological
and socio-economic aspects of the processes of desertification and drought;
(b) give due attention, within the relevant international and regional
bodies, to the situation of affected developing country Parties with regard to
international trade, marketing arrangements and debt with a view to
establishing an enabling international economic environment conducive to the
promotion of sustainable development;
(c) integrate strategies for poverty eradication into efforts to
combat desertification and mitigate the effects of drought;
(d) promote cooperation among affected country Parties in the fields
of environmental protection and the conservation of land and water resources,
as they relate to desertification and drought;
(e) strengthen subregional, regional and international cooperation;
(f) cooperate within relevant intergovernmental organizations;
(g) determine institutional mechanisms, if appropriate, keeping in
mind the need to avoid duplication; and
(h) promote the use of existing bilateral and multilateral financial
mechanisms and arrangements that mobilize and channel substantial financial
resources to affected developing country Parties in combating desertification
and mitigating the effects of drought.
3. Affected developing country Parties are eligible for assistance in
the implementation of the Convention.
Article 5
Obligations of affected country Parties
In addition to their obligations pursuant to article 4, affected country
Parties undertake to:
(a) give due priority to combating desertification and mitigating the
effects of drought, and allocate adequate resources in accordance with their
circumstances and capabilities;
(b) establish strategies and priorities, within the framework of
sustainable development plans and/or policies, to combat desertification and
mitigate the effects of drought;
(c) address the underlying causes of desertification and pay special
attention to the socio-economic factors contributing to desertification
processes;
(d) promote awareness and facilitate the participation of local
populations, particularly women and youth, with the support of non-
governmental organizations, in efforts to combat desertification and mitigate
the effects of drought; and
(e) 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.
Article 6
Obligations of developed country Parties
In addition to their general obligations pursuant to article 4,
developed country Parties undertake to:
(a) actively support, as agreed, individually or jointly, the efforts
of affected developing country Parties, particularly those in Africa, and the
least developed countries, to combat desertification and mitigate the effects
of drought;
(b) provide substantial financial resources and other forms of support
to assist affected developing country Parties, particularly those in Africa,
effectively to develop and implement their own long-term plans and strategies
to combat desertification and mitigate the effects of drought;
(c) promote the mobilization of new and additional funding pursuant to
article 20, paragraph 2 (b);
(d) encourage the mobilization of funding from the private sector and
other non-governmental sources; and
(e) promote and facilitate access by affected country Parties,
particularly affected developing country Parties, to appropriate technology,
knowledge and know-how.
Article 7
Priority for Africa
In implementing this Convention, the Parties shall give priority to
affected African country Parties, in the light of the particular situation
prevailing in that region, while not neglecting affected developing country
Parties in other regions.
Article 8
Relationship with other conventions
1. The Parties shall encourage the coordination of activities carried
out under this Convention and, if they are Parties to them, under other
relevant international agreements, particularly the United Nations Framework
Convention on Climate Change and the Convention on Biological Diversity, in
order to derive maximum benefit from activities under each agreement while
avoiding duplication of effort. The Parties shall encourage the conduct of
joint programmes, particularly in the fields of research, training, systematic
observation and information collection and exchange, to the extent that such
activities may contribute to achieving the objectives of the agreements
concerned.
2. The provisions of this Convention shall not affect the rights and
obligations of any Party deriving from a bilateral, regional or international
agreement into which it has entered prior to the entry into force of this
Convention for it.
PART III
ACTION PROGRAMMES, SCIENTIFIC AND TECHNICAL COOPERATION
AND SUPPORTING MEASURES
Section 1: Action programmes
Article 9
Basic approach
1. In carrying out their obligations pursuant to article 5, affected
developing country Parties and any other affected country Party in the
framework of its regional implementation annex or, otherwise, that has
notified the Permanent Secretariat in writing of its intention to prepare a
national action programme, shall, as appropriate, prepare, make public and
implement national action programmes, utilizing and building, to the extent
possible, on existing relevant successful plans and programmes, and
subregional and regional action programmes, as the central element of the
strategy to combat desertification and mitigate the effects of drought. Such
programmes shall be updated through a continuing participatory process on the
basis of lessons from field action, as well as the results of research. The
preparation of national action programmes shall be closely interlinked with
other efforts to formulate national policies for sustainable development.
2. In the provision by developed country Parties of different forms
of assistance under the terms of article 6, priority shall be given to
supporting, as agreed, national, subregional and regional action programmes of
affected developing country Parties, particularly those in Africa, either
directly or through relevant multilateral organizations or both.
3. The Parties shall encourage organs, funds and programmes of the
United Nations system and other relevant intergovernmental organizations,
academic institutions, the scientific community and non-governmental
organizations in a position to cooperate, in accordance with their mandates
and capabilities, to support the elaboration, implementation and follow-up of
action programmes.
Article 10
National action programmes
1. The purpose of national action programmes is to identify the
factors contributing to desertification and practical measures necessary to
combat desertification and mitigate the effects of drought.
2. National action programmes shall specify the respective roles of
government, local communities and land users and the resources available and
needed. They shall, inter alia:
(a) incorporate long-term strategies to combat desertification and
mitigate the effects of drought, emphasize implementation and be integrated
with national policies for sustainable development;
(b) allow for modifications to be made in response to changing
circumstances and be sufficiently flexible at the local level to cope with
different socio-economic, biological and geo-physical conditions;
(c) give particular attention to the implementation of preventive
measures for lands that are not yet degraded or which are only slightly
degraded;
(d) enhance national climatological, meteorological and hydrological
capabilities and the means to provide for drought early warning;
(e) promote policies and strengthen institutional frameworks which
develop cooperation and coordination, in a spirit of partnership, between the
donor community, governments at all levels, local populations and community
groups, and facilitate access by local populations to appropriate information
and technology;
(f) provide for effective participation at the local, national and
regional levels of non-governmental organizations and local populations, both
women and men, particularly resource users, including farmers and pastoralists
and their representative organizations, in policy planning, decision-making,
and implementation and review of national action programmes; and
(g) require regular review of, and progress reports on, their
implementation.
3. National action programmes may include, inter alia, some or all of
the following measures to prepare for and mitigate the effects of drought:
(a) establishment and/or strengthening, as appropriate, of early
warning systems, including local and national facilities and joint systems at
the subregional and regional levels, and mechanisms for assisting
environmentally displaced persons;
(b) strengthening of drought preparedness and management, including
drought contingency plans at the local, national, subregional and regional
levels, which take into consideration seasonal to interannual climate
predictions;
(c) establishment and/or strengthening, as appropriate, of food
security systems, including storage and marketing facilities, particularly in
rural areas;
(d) establishment of alternative livelihood projects that could
provide incomes in drought prone areas; and
(e) development of sustainable irrigation programmes for both crops
and livestock.
4. Taking into account the circumstances and requirements specific to
each affected country Party, national action programmes include, as
appropriate, inter alia, measures in some or all of the following priority
fields as they relate to combating desertification and mitigating the effects
of drought in affected areas and to their populations: promotion of
alternative livelihoods and improvement of national economic environments with
a view to strengthening programmes aimed at the eradication of poverty and at
ensuring food security; demographic dynamics; sustainable management of
natural resources; sustainable agricultural practices; development and
efficient use of various energy sources; institutional and legal frameworks;
strengthening of capabilities for assessment and systematic observation,
including hydrological and meteorological services, and capacity building,
education and public awareness.
Article 11
Subregional and regional action programmes
Affected country Parties shall consult and cooperate to prepare, as
appropriate, in accordance with relevant regional implementation annexes,
subregional and/or regional action programmes to harmonize, complement and
increase the efficiency of national programmes. The provisions of article 10
shall apply mutatis mutandis to subregional and regional programmes. Such
cooperation may include agreed joint programmes for the sustainable management
of transboundary natural resources, scientific and technical cooperation, and
strengthening of relevant institutions.
Article 12
International cooperation
Affected country Parties, in collaboration with other Parties and the
international community, should cooperate to ensure the promotion of an
enabling international environment in the implementation of the Convention.
Such cooperation should also cover fields of technology transfer as well as
scientific research and development, information collection and dissemination
and financial resources.
Article 13
Support for the elaboration and
implementation of action programmes
1. Measures to support action programmes pursuant to article 9
include, inter alia:
(a) financial cooperation to provide predictability for action
programmes, allowing for necessary long-term planning;
(b) elaboration and use of cooperation mechanisms which better enable
support at the local level, including action through non-governmental
organizations, in order to promote the replicability of successful pilot
programme activities where relevant;
(c) increased flexibility in project design, funding and
implementation in keeping with the experimental, iterative approach indicated
for participatory action at the local community level; and
(d) as appropriate, administrative and budgetary procedures that
increase the efficiency of cooperation and of support programmes.
2. In providing such support to affected developing country Parties,
priority shall be given to African country Parties and to least developed
country Parties.
Article 14
Coordination in the elaboration and implementation
of action programmes
1. The Parties shall work closely together, directly and through
relevant intergovernmental organizations, in the elaboration and
implementation of action programmes.
2. The Parties shall develop operational mechanisms, particularly at
the national and field levels, to ensure the fullest possible coordination
among developed country Parties, developing country Parties and relevant
intergovernmental and non-governmental organizations, in order to avoid
duplication, harmonize interventions and approaches, and maximize the impact
of assistance. In affected developing country Parties, priority will be given
to coordinating activities related to international cooperation in order to
maximize the efficient use of resources, to ensure responsive assistance, and
to facilitate the implementation of national action programmes and priorities
under this Convention.
Article 15
Regional implementation annexes
Elements for incorporation in action programmes shall be selected and
adapted to the socio-economic, geographical and climatic factors applicable to
affected country Parties or regions, as well as to their level of development.
Guidelines for the preparation of action programmes and their exact focus and
content for particular subregions and regions are set out in the regional
implementation annexes.
Section 2: Scientific and technical cooperation
Article 16
Information collection, analysis and exchange
The Parties agree, according to their respective capabilities, to
integrate and coordinate the collection, analysis and exchange of relevant
short term and long term data and information to ensure systematic observation
of land degradation in affected areas and to understand better and assess the
processes and effects of drought and desertification. This would help
accomplish, inter alia, early warning and advance planning for periods of
adverse climatic variation in a form suited for practical application by users
at all levels, including especially local populations. To this end, they
shall, as appropriate:
(a) facilitate and strengthen the functioning of the global network of
institutions and facilities for the collection, analysis and exchange of
information, as well as for systematic observation at all levels, which shall,
inter alia:
(i) aim to use compatible standards and systems;
(ii) encompass relevant data and stations, including in
remote areas;
(iii) use and disseminate modern technology for data
collection, transmission and assessment on land degradation; and
(iv) link national, subregional and regional data and
information centres more closely with global information sources;
(b) ensure that the collection, analysis and exchange of information
address the needs of local communities and those of decision makers, with a
view to resolving specific problems, and that local communities are involved
in these activities;
(c) support and further develop bilateral and multilateral programmes
and projects aimed at defining, conducting, assessing and financing the
collection, analysis and exchange of data and information, including, inter
alia, integrated sets of physical, biological, social and economic indicators;
(d) make full use of the expertise of competent intergovernmental and
non-governmental organizations, particularly to disseminate relevant
information and experiences among target groups in different regions;
(e) give full weight to the collection, analysis and exchange of
socio-economic data, and their integration with physical and biological data;
(f) exchange and make fully, op
ELABORATION OF AN INTERNATIONAL CONVENTION TO COMBAT DESERTIFICATION
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GENERAL
A/AC.241/27
12 September 1994
ENGLISH
Original: ENGLISH
INTERGOVERNMENTAL NEGOTIATING COMMITTEE FOR
THE ELABORATION OF AN INTERNATIONAL CONVENTION
TO COMBAT DESERTIFICATION IN THOSE COUNTRIES
EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
ELABORATION OF AN INTERNATIONAL CONVENTION TO COMBAT DESERTIFICATION
IN COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR DESERTIFICATION,
PARTICULARLY IN AFRICA
Final text of the Convention
Note by the Secretariat
Attached is the final text of the United Nations Convention to Combat
Desertification in Those Countries Experiencing Serious Drought and/or
Desertification, Particularly in Africa, following completion of the
verification processes as requested by the INCD upon adoption of the
Convention at its fifth session, on 17 June 1994.
The final text has been forwarded to the Office of Legal Affairs of the
United Nations, which acts as Depositary, in order to prepare for the signing
ceremony to be held in Paris, on 14-15 October 1994.
UNITED NATIONS CONVENTION TO COMBAT DESERTIFICATION
IN THOSE COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
The Parties to this Convention,
Affirming that human beings in affected or threatened areas are at the
centre of concerns to combat desertification and mitigate the effects of
drought,
Reflecting the urgent concern of the international community, including
States and international organizations, about the adverse impacts of
desertification and drought,
Aware that arid, semi-arid and dry sub-humid areas together account for
a significant proportion of the Earth's land area and are the habitat and
source of livelihood for a large segment of its population,
Acknowledging that desertification and drought are problems of global
dimension in that they affect all regions of the world and that joint action
of the international community is needed to combat desertification and/or
mitigate the effects of drought,
Noting the high concentration of developing countries, notably the least
developed countries, among those experiencing serious drought and/or
desertification, and the particularly tragic consequences of these phenomena
in Africa,
Noting also that desertification is caused by complex interactions among
physical, biological, political, social, cultural and economic factors,
Considering the impact of trade and relevant aspects of international
economic relations on the ability of affected countries to combat
desertification adequately,
Conscious that sustainable economic growth, social development and
poverty eradication are priorities of affected developing countries,
particularly in Africa, and are essential to meeting sustainability
objectives,
Mindful that desertification and drought affect sustainable development
through their interrelationships with important social problems such as
poverty, poor health and nutrition, lack of food security, and those arising
from migration, displacement of persons and demographic dynamics,
Appreciating the significance of the past efforts and experience of
States and international organizations in combating desertification and
mitigating the effects of drought, particularly in implementing the Plan of
Action to Combat Desertification which was adopted at the United Nations
Conference on Desertification in 1977,
Realizing that, despite efforts in the past, progress in combating
desertification and mitigating the effects of drought has not met expectations
and that a new and more effective approach is needed at all levels within the
framework of sustainable development,
Recognizing the validity and relevance of decisions adopted at the
United Nations Conference on Environment and Development, particularly of
Agenda 21 and its chapter 12, which provide a basis for combating
desertification,
Reaffirming in this light the commitments of developed countries as
contained in paragraph 13 of chapter 33 of Agenda 21,
Recalling General Assembly resolution 47/188, particularly the priority
in it prescribed for Africa, and all other relevant United Nations
resolutions, decisions and programmes on desertification and drought, as well
as relevant declarations by African countries and those from other regions,
Reaffirming the Rio Declaration on Environment and Development which
states, in its Principle 2, that States have, in accordance with the Charter
of the United Nations and the principles of international law, the sovereign
right to exploit their own resources pursuant to their own environmental and
developmental policies, and the responsibility to ensure that activities
within their jurisdiction or control do not cause damage to the environment of
other States or of areas beyond the limits of national jurisdiction,
Recognizing that national Governments play a critical role in combating
desertification and mitigating the effects of drought and that progress in
that respect depends on local implementation of action programmes in affected
areas,
Recognizing also the importance and necessity of international
cooperation and partnership in combating desertification and mitigating the
effects of drought,
Recognizing further the importance of the provision to affected
developing countries, particularly in Africa, of effective means, inter alia
substantial financial resources, including new and additional funding, and
access to technology, without which it will be difficult for them to implement
fully their commitments under this Convention,
Expressing concern over the impact of desertification and drought on
affected countries in Central Asia and the Transcaucasus,
Stressing the important role played by women in regions affected by
desertification and/or drought, particularly in rural areas of developing
countries, and the importance of ensuring the full participation of both men
and women at all levels in programmes to combat desertification and mitigate
the effects of drought,
Emphasizing the special role of non-governmental organizations and other
major groups in programmes to combat desertification and mitigate the effects
of drought,
Bearing in mind the relationship between desertification and other
environmental problems of global dimension facing the international and
national communities,
Bearing also in mind the contribution that combating desertification can
make to achieving the objectives of the United Nations Framework Convention on
Climate Change, the Convention on Biological Diversity and other related
environmental conventions,
Believing that strategies to combat desertification and mitigate the
effects of drought will be most effective if they are based on sound
systematic observation and rigorous scientific knowledge and if they are
continuously re-evaluated,
Recognizing the urgent need to improve the effectiveness and
coordination of international cooperation to facilitate the implementation of
national plans and priorities,
Determined to take appropriate action in combating desertification and
mitigating the effects of drought for the benefit of present and future
generations,
Have agreed as follows:
PART I
INTRODUCTION
Article 1
Use of terms
For the purposes of this Convention:
(a) "desertification" means land degradation in arid, semi-arid and
dry sub-humid areas resulting from various factors, including climatic
variations and human activities;
(b) "combating desertification" includes activities which are part of
the integrated development of land in arid, semi-arid and dry sub-humid areas
for sustainable development which are aimed at:
(i) prevention and/or reduction of land degradation;
(ii) rehabilitation of partly degraded land; and
(iii) reclamation of desertified land;
(c) "drought" means the naturally occurring phenomenon that exists
when precipitation has been significantly below normal recorded levels,
causing serious hydrological imbalances that adversely affect land resource
production systems;
(d) "mitigating the effects of drought" means activities related to
the prediction of drought and intended to reduce the vulnerability of society
and natural systems to drought as it relates to combating desertification;
(e) "land" means the terrestrial bio-productive system that comprises
soil, vegetation, other biota, and the ecological and hydrological processes
that operate within the system;
(f) "land degradation" means reduction or loss, in arid, semi-arid and
dry sub-humid areas, of the biological or economic productivity and complexity
of rainfed cropland, irrigated cropland, or range, pasture, forest and
woodlands resulting from land uses or from a process or combination of
processes, including processes arising from human activities and habitation
patterns, such as:
(i) soil erosion caused by wind and/or water;
(ii) deterioration of the physical, chemical and biological
or economic properties of soil; and
(iii) long-term loss of natural vegetation;
(g) "arid, semi-arid and dry sub-humid areas" means areas, other than
polar and sub-polar regions, in which the ratio of annual precipitation to
potential evapotranspiration falls within the range from 0.05 to 0.65;
(h) "affected areas" means arid, semi-arid and/or dry sub-humid areas
affected or threatened by desertification;
(i) "affected countries" means countries whose lands include, in whole
or in part, affected areas;
(j) "regional economic integration organization" means an organization
constituted by sovereign States of a given region which has competence in
respect of matters governed by this Convention and has been duly authorized,
in accordance with its internal procedures, to sign, ratify, accept, approve
or accede to this Convention;
(k) "developed country Parties" means developed country Parties and
regional economic integration organizations constituted by developed
countries.
Article 2
Objective
1. The objective of this Convention is to combat desertification and
mitigate the effects of drought in countries experiencing serious drought
and/or desertification, particularly in Africa, through effective action at
all levels, supported by international cooperation and partnership
arrangements, in the framework of an integrated approach which is consistent
with Agenda 21, with a view to contributing to the achievement of sustainable
development in affected areas.
2. Achieving this objective will involve long-term integrated
strategies that focus simultaneously, in affected areas, on improved
productivity of land, and the rehabilitation, conservation and sustainable
management of land and water resources, leading to improved living conditions,
in particular at the community level.
Article 3
Principles
In order to achieve the objective of this Convention and to implement
its provisions, the Parties shall be guided, inter alia, by the following:
(a) the Parties should ensure that decisions on the design and
implementation of programmes to combat desertification and/or mitigate the
effects of drought are taken with the participation of populations and local
communities and that an enabling environment is created at higher levels to
facilitate action at national and local levels;
(b) the Parties should, in a spirit of international solidarity and
partnership, improve cooperation and coordination at subregional, regional and
international levels, and better focus financial, human, organizational and
technical resources where they are needed;
(c) the Parties should develop, in a spirit of partnership,
cooperation among all levels of government, communities, non-governmental
organizations and landholders to establish a better understanding of the
nature and value of land and scarce water resources in affected areas and to
work towards their sustainable use; and
(d) the Parties should take into full consideration the special needs
and circumstances of affected developing country Parties, particularly the
least developed among them.
PART II
GENERAL PROVISIONS
Article 4
General obligations
1. The Parties shall implement their obligations under this
Convention, individually or jointly, either through existing or prospective
bilateral and multilateral arrangements or a combination thereof, as
appropriate, emphasizing the need to coordinate efforts and develop a coherent
long-term strategy at all levels.
2. In pursuing the objective of this Convention, the Parties shall:
(a) adopt an integrated approach addressing the physical, biological
and socio-economic aspects of the processes of desertification and drought;
(b) give due attention, within the relevant international and regional
bodies, to the situation of affected developing country Parties with regard to
international trade, marketing arrangements and debt with a view to
establishing an enabling international economic environment conducive to the
promotion of sustainable development;
(c) integrate strategies for poverty eradication into efforts to
combat desertification and mitigate the effects of drought;
(d) promote cooperation among affected country Parties in the fields
of environmental protection and the conservation of land and water resources,
as they relate to desertification and drought;
(e) strengthen subregional, regional and international cooperation;
(f) cooperate within relevant intergovernmental organizations;
(g) determine institutional mechanisms, if appropriate, keeping in
mind the need to avoid duplication; and
(h) promote the use of existing bilateral and multilateral financial
mechanisms and arrangements that mobilize and channel substantial financial
resources to affected developing country Parties in combating desertification
and mitigating the effects of drought.
3. Affected developing country Parties are eligible for assistance in
the implementation of the Convention.
Article 5
Obligations of affected country Parties
In addition to their obligations pursuant to article 4, affected country
Parties undertake to:
(a) give due priority to combating desertification and mitigating the
effects of drought, and allocate adequate resources in accordance with their
circumstances and capabilities;
(b) establish strategies and priorities, within the framework of
sustainable development plans and/or policies, to combat desertification and
mitigate the effects of drought;
(c) address the underlying causes of desertification and pay special
attention to the socio-economic factors contributing to desertification
processes;
(d) promote awareness and facilitate the participation of local
populations, particularly women and youth, with the support of non-
governmental organizations, in efforts to combat desertification and mitigate
the effects of drought; and
(e) 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.
Article 6
Obligations of developed country Parties
In addition to their general obligations pursuant to article 4,
developed country Parties undertake to:
(a) actively support, as agreed, individually or jointly, the efforts
of affected developing country Parties, particularly those in Africa, and the
least developed countries, to combat desertification and mitigate the effects
of drought;
(b) provide substantial financial resources and other forms of support
to assist affected developing country Parties, particularly those in Africa,
effectively to develop and implement their own long-term plans and strategies
to combat desertification and mitigate the effects of drought;
(c) promote the mobilization of new and additional funding pursuant to
article 20, paragraph 2 (b);
(d) encourage the mobilization of funding from the private sector and
other non-governmental sources; and
(e) promote and facilitate access by affected country Parties,
particularly affected developing country Parties, to appropriate technology,
knowledge and know-how.
Article 7
Priority for Africa
In implementing this Convention, the Parties shall give priority to
affected African country Parties, in the light of the particular situation
prevailing in that region, while not neglecting affected developing country
Parties in other regions.
Article 8
Relationship with other conventions
1. The Parties shall encourage the coordination of activities carried
out under this Convention and, if they are Parties to them, under other
relevant international agreements, particularly the United Nations Framework
Convention on Climate Change and the Convention on Biological Diversity, in
order to derive maximum benefit from activities under each agreement while
avoiding duplication of effort. The Parties shall encourage the conduct of
joint programmes, particularly in the fields of research, training, systematic
observation and information collection and exchange, to the extent that such
activities may contribute to achieving the objectives of the agreements
concerned.
2. The provisions of this Convention shall not affect the rights and
obligations of any Party deriving from a bilateral, regional or international
agreement into which it has entered prior to the entry into force of this
Convention for it.
PART III
ACTION PROGRAMMES, SCIENTIFIC AND TECHNICAL COOPERATION
AND SUPPORTING MEASURES
Section 1: Action programmes
Article 9
Basic approach
1. In carrying out their obligations pursuant to article 5, affected
developing country Parties and any other affected country Party in the
framework of its regional implementation annex or, otherwise, that has
notified the Permanent Secretariat in writing of its intention to prepare a
national action programme, shall, as appropriate, prepare, make public and
implement national action programmes, utilizing and building, to the extent
possible, on existing relevant successful plans and programmes, and
subregional and regional action programmes, as the central element of the
strategy to combat desertification and mitigate the effects of drought. Such
programmes shall be updated through a continuing participatory process on the
basis of lessons from field action, as well as the results of research. The
preparation of national action programmes shall be closely interlinked with
other efforts to formulate national policies for sustainable development.
2. In the provision by developed country Parties of different forms
of assistance under the terms of article 6, priority shall be given to
supporting, as agreed, national, subregional and regional action programmes of
affected developing country Parties, particularly those in Africa, either
directly or through relevant multilateral organizations or both.
3. The Parties shall encourage organs, funds and programmes of the
United Nations system and other relevant intergovernmental organizations,
academic institutions, the scientific community and non-governmental
organizations in a position to cooperate, in accordance with their mandates
and capabilities, to support the elaboration, implementation and follow-up of
action programmes.
Article 10
National action programmes
1. The purpose of national action programmes is to identify the
factors contributing to desertification and practical measures necessary to
combat desertification and mitigate the effects of drought.
2. National action programmes shall specify the respective roles of
government, local communities and land users and the resources available and
needed. They shall, inter alia:
(a) incorporate long-term strategies to combat desertification and
mitigate the effects of drought, emphasize implementation and be integrated
with national policies for sustainable development;
(b) allow for modifications to be made in response to changing
circumstances and be sufficiently flexible at the local level to cope with
different socio-economic, biological and geo-physical conditions;
(c) give particular attention to the implementation of preventive
measures for lands that are not yet degraded or which are only slightly
degraded;
(d) enhance national climatological, meteorological and hydrological
capabilities and the means to provide for drought early warning;
(e) promote policies and strengthen institutional frameworks which
develop cooperation and coordination, in a spirit of partnership, between the
donor community, governments at all levels, local populations and community
groups, and facilitate access by local populations to appropriate information
and technology;
(f) provide for effective participation at the local, national and
regional levels of non-governmental organizations and local populations, both
women and men, particularly resource users, including farmers and pastoralists
and their representative organizations, in policy planning, decision-making,
and implementation and review of national action programmes; and
(g) require regular review of, and progress reports on, their
implementation.
3. National action programmes may include, inter alia, some or all of
the following measures to prepare for and mitigate the effects of drought:
(a) establishment and/or strengthening, as appropriate, of early
warning systems, including local and national facilities and joint systems at
the subregional and regional levels, and mechanisms for assisting
environmentally displaced persons;
(b) strengthening of drought preparedness and management, including
drought contingency plans at the local, national, subregional and regional
levels, which take into consideration seasonal to interannual climate
predictions;
(c) establishment and/or strengthening, as appropriate, of food
security systems, including storage and marketing facilities, particularly in
rural areas;
(d) establishment of alternative livelihood projects that could
provide incomes in drought prone areas; and
(e) development of sustainable irrigation programmes for both crops
and livestock.
4. Taking into account the circumstances and requirements specific to
each affected country Party, national action programmes include, as
appropriate, inter alia, measures in some or all of the following priority
fields as they relate to combating desertification and mitigating the effects
of drought in affected areas and to their populations: promotion of
alternative livelihoods and improvement of national economic environments with
a view to strengthening programmes aimed at the eradication of poverty and at
ensuring food security; demographic dynamics; sustainable management of
natural resources; sustainable agricultural practices; development and
efficient use of various energy sources; institutional and legal frameworks;
strengthening of capabilities for assessment and systematic observation,
including hydrological and meteorological services, and capacity building,
education and public awareness.
Article 11
Subregional and regional action programmes
Affected country Parties shall consult and cooperate to prepare, as
appropriate, in accordance with relevant regional implementation annexes,
subregional and/or regional action programmes to harmonize, complement and
increase the efficiency of national programmes. The provisions of article 10
shall apply mutatis mutandis to subregional and regional programmes. Such
cooperation may include agreed joint programmes for the sustainable management
of transboundary natural resources, scientific and technical cooperation, and
strengthening of relevant institutions.
Article 12
International cooperation
Affected country Parties, in collaboration with other Parties and the
international community, should cooperate to ensure the promotion of an
enabling international environment in the implementation of the Convention.
Such cooperation should also cover fields of technology transfer as well as
scientific research and development, information collection and dissemination
and financial resources.
Article 13
Support for the elaboration and
implementation of action programmes
1. Measures to support action programmes pursuant to article 9
include, inter alia:
(a) financial cooperation to provide predictability for action
programmes, allowing for necessary long-term planning;
(b) elaboration and use of cooperation mechanisms which better enable
support at the local level, including action through non-governmental
organizations, in order to promote the replicability of successful pilot
programme activities where relevant;
(c) increased flexibility in project design, funding and
implementation in keeping with the experimental, iterative approach indicated
for participatory action at the local community level; and
(d) as appropriate, administrative and budgetary procedures that
increase the efficiency of cooperation and of support programmes.
2. In providing such support to affected developing country Parties,
priority shall be given to African country Parties and to least developed
country Parties.
Article 14
Coordination in the elaboration and implementation
of action programmes
1. The Parties shall work closely together, directly and through
relevant intergovernmental organizations, in the elaboration and
implementation of action programmes.
2. The Parties shall develop operational mechanisms, particularly at
the national and field levels, to ensure the fullest possible coordination
among developed country Parties, developing country Parties and relevant
intergovernmental and non-governmental organizations, in order to avoid
duplication, harmonize interventions and approaches, and maximize the impact
of assistance. In affected developing country Parties, priority will be given
to coordinating activities related to international cooperation in order to
maximize the efficient use of resources, to ensure responsive assistance, and
to facilitate the implementation of national action programmes and priorities
under this Convention.
Article 15
Regional implementation annexes
Elements for incorporation in action programmes shall be selected and
adapted to the socio-economic, geographical and climatic factors applicable to
affected country Parties or regions, as well as to their level of development.
Guidelines for the preparation of action programmes and their exact focus and
content for particular subregions and regions are set out in the regional
implementation annexes.
Section 2: Scientific and technical cooperation
Article 16
Information collection, analysis and exchange
The Parties agree, according to their respective capabilities, to
integrate and coordinate the collection, analysis and exchange of relevant
short term and long term data and information to ensure systematic observation
of land degradation in affected areas and to understand better and assess the
processes and effects of drought and desertification. This would help
accomplish, inter alia, early warning and advance planning for periods of
adverse climatic variation in a form suited for practical application by users
at all levels, including especially local populations. To this end, they
shall, as appropriate:
(a) facilitate and strengthen the functioning of the global network of
institutions and facilities for the collection, analysis and exchange of
information, as well as for systematic observation at all levels, which shall,
inter alia:
(i) aim to use compatible standards and systems;
(ii) encompass relevant data and stations, including in
remote areas;
(iii) use and disseminate modern technology for data
collection, transmission and assessment on land degradation; and
(iv) link national, subregional and regional data and
information centres more closely with global information sources;
(b) ensure that the collection, analysis and exchange of information
address the needs of local communities and those of decision makers, with a
view to resolving specific problems, and that local communities are involved
in these activities;
(c) support and further develop bilateral and multilateral programmes
and projects aimed at defining, conducting, assessing and financing the
collection, analysis and exchange of data and information, including, inter
alia, integrated sets of physical, biological, social and economic indicators;
(d) make full use of the expertise of competent intergovernmental and
non-governmental organizations, particularly to disseminate relevant
information and experiences among target groups in different regions;
(e) give full weight to the collection, analysis and exchange of
socio-economic data, and their integration with physical and biological data;
(f) exchange and make fully, openly and promptly available information
from all publicly available sources relevant to combating desertification and
mitigating the effects of drought; and
(g) subject to their respective national legislation and/or policies,
exchange information on local and traditional knowledge, ensuring adequate
protection for it and providing appropriate return from the benefits derived
from it, on an equitable basis and on mutually agreed terms, to the local
populations concerned.
Article 17
Research and development
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, subregional, regional and international institutions. To this end,
they shall support research activities that:
(a) contribute to increased knowledge of the processes leading to
desertification and drought and the impact of, and distinction between, causal
factors, both natural and human, with a view to combating desertification and
mitigating the effects of drought, and achieving improved productivity as well
as sustainable use and management of resources;
(b) respond to well defined objectives, address the specific needs of
local populations and lead to the identification and implementation of
solutions that improve the living standards of people in affected areas;
(c) 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;
(d) develop and strengthen national, subregional and regional research
capabilities in affected developing country Parties, particularly in Africa,
including the development of local skills and the strengthening of appropriate
capacities, especially in countries with a weak research base, giving
particular attention to multidisciplinary and participative socio-economic
research;
(e) take into account, where relevant, the relationship between
poverty, migration caused by environmental factors, and desertification;
(f) promote the conduct of joint research programmes between national,
subregional, regional and international research organizations, in both the
public and private sectors, for the development of improved, affordable and
accessible technologies for sustainable development through effective
participation of local populations and communities; and
(g) enhance the availability of water resources in affected areas, by
means of, inter alia, cloud-seeding.
2. Research priorities for particular regions and subregions,
reflecting different local conditions, should be included in action
programmes. The Conference of the Parties shall review research priorities
periodically on the advice of the Committee on Science and Technology.
Article 18
Transfer, acquisition, adaptation and development of technology
1. 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 Parties shall, in particular:
(a) fully utilize relevant existing national, subregional,
ELABORATION OF AN INTERNATIONAL CONVENTION TO COMBAT DESERTIFICATION
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GENERAL
A/AC.241/27
12 September 1994
ENGLISH
Original: ENGLISH
INTERGOVERNMENTAL NEGOTIATING COMMITTEE FOR
THE ELABORATION OF AN INTERNATIONAL CONVENTION
TO COMBAT DESERTIFICATION IN THOSE COUNTRIES
EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
ELABORATION OF AN INTERNATIONAL CONVENTION TO COMBAT DESERTIFICATION
IN COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR DESERTIFICATION,
PARTICULARLY IN AFRICA
Final text of the Convention
Note by the Secretariat
Attached is the final text of the United Nations Convention to Combat
Desertification in Those Countries Experiencing Serious Drought and/or
Desertification, Particularly in Africa, following completion of the
verification processes as requested by the INCD upon adoption of the
Convention at its fifth session, on 17 June 1994.
The final text has been forwarded to the Office of Legal Affairs of the
United Nations, which acts as Depositary, in order to prepare for the signing
ceremony to be held in Paris, on 14-15 October 1994.
UNITED NATIONS CONVENTION TO COMBAT DESERTIFICATION
IN THOSE COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
The Parties to this Convention,
Affirming that human beings in affected or threatened areas are at the
centre of concerns to combat desertification and mitigate the effects of
drought,
Reflecting the urgent concern of the international community, including
States and international organizations, about the adverse impacts of
desertification and drought,
Aware that arid, semi-arid and dry sub-humid areas together account for
a significant proportion of the Earth's land area and are the habitat and
source of livelihood for a large segment of its population,
Acknowledging that desertification and drought are problems of global
dimension in that they affect all regions of the world and that joint action
of the international community is needed to combat desertification and/or
mitigate the effects of drought,
Noting the high concentration of developing countries, notably the least
developed countries, among those experiencing serious drought and/or
desertification, and the particularly tragic consequences of these phenomena
in Africa,
Noting also that desertification is caused by complex interactions among
physical, biological, political, social, cultural and economic factors,
Considering the impact of trade and relevant aspects of international
economic relations on the ability of affected countries to combat
desertification adequately,
Conscious that sustainable economic growth, social development and
poverty eradication are priorities of affected developing countries,
particularly in Africa, and are essential to meeting sustainability
objectives,
Mindful that desertification and drought affect sustainable development
through their interrelationships with important social problems such as
poverty, poor health and nutrition, lack of food security, and those arising
from migration, displacement of persons and demographic dynamics,
Appreciating the significance of the past efforts and experience of
States and international organizations in combating desertification and
mitigating the effects of drought, particularly in implementing the Plan of
Action to Combat Desertification which was adopted at the United Nations
Conference on Desertification in 1977,
Realizing that, despite efforts in the past, progress in combating
desertification and mitigating the effects of drought has not met expectations
and that a new and more effective approach is needed at all levels within the
framework of sustainable development,
Recognizing the validity and relevance of decisions adopted at the
United Nations Conference on Environment and Development, particularly of
Agenda 21 and its chapter 12, which provide a basis for combating
desertification,
Reaffirming in this light the commitments of developed countries as
contained in paragraph 13 of chapter 33 of Agenda 21,
Recalling General Assembly resolution 47/188, particularly the priority
in it prescribed for Africa, and all other relevant United Nations
resolutions, decisions and programmes on desertification and drought, as well
as relevant declarations by African countries and those from other regions,
Reaffirming the Rio Declaration on Environment and Development which
states, in its Principle 2, that States have, in accordance with the Charter
of the United Nations and the principles of international law, the sovereign
right to exploit their own resources pursuant to their own environmental and
developmental policies, and the responsibility to ensure that activities
within their jurisdiction or control do not cause damage to the environment of
other States or of areas beyond the limits of national jurisdiction,
Recognizing that national Governments play a critical role in combating
desertification and mitigating the effects of drought and that progress in
that respect depends on local implementation of action programmes in affected
areas,
Recognizing also the importance and necessity of international
cooperation and partnership in combating desertification and mitigating the
effects of drought,
Recognizing further the importance of the provision to affected
developing countries, particularly in Africa, of effective means, inter alia
substantial financial resources, including new and additional funding, and
access to technology, without which it will be difficult for them to implement
fully their commitments under this Convention,
Expressing concern over the impact of desertification and drought on
affected countries in Central Asia and the Transcaucasus,
Stressing the important role played by women in regions affected by
desertification and/or drought, particularly in rural areas of developing
countries, and the importance of ensuring the full participation of both men
and women at all levels in programmes to combat desertification and mitigate
the effects of drought,
Emphasizing the special role of non-governmental organizations and other
major groups in programmes to combat desertification and mitigate the effects
of drought,
Bearing in mind the relationship between desertification and other
environmental problems of global dimension facing the international and
national communities,
Bearing also in mind the contribution that combating desertification can
make to achieving the objectives of the United Nations Framework Convention on
Climate Change, the Convention on Biological Diversity and other related
environmental conventions,
Believing that strategies to combat desertification and mitigate the
effects of drought will be most effective if they are based on sound
systematic observation and rigorous scientific knowledge and if they are
continuously re-evaluated,
Recognizing the urgent need to improve the effectiveness and
coordination of international cooperation to facilitate the implementation of
national plans and priorities,
Determined to take appropriate action in combating desertification and
mitigating the effects of drought for the benefit of present and future
generations,
Have agreed as follows:
PART I
INTRODUCTION
Article 1
Use of terms
For the purposes of this Convention:
(a) "desertification" means land degradation in arid, semi-arid and
dry sub-humid areas resulting from various factors, including climatic
variations and human activities;
(b) "combating desertification" includes activities which are part of
the integrated development of land in arid, semi-arid and dry sub-humid areas
for sustainable development which are aimed at:
(i) prevention and/or reduction of land degradation;
(ii) rehabilitation of partly degraded land; and
(iii) reclamation of desertified land;
(c) "drought" means the naturally occurring phenomenon that exists
when precipitation has been significantly below normal recorded levels,
causing serious hydrological imbalances that adversely affect land resource
production systems;
(d) "mitigating the effects of drought" means activities related to
the prediction of drought and intended to reduce the vulnerability of society
and natural systems to drought as it relates to combating desertification;
(e) "land" means the terrestrial bio-productive system that comprises
soil, vegetation, other biota, and the ecological and hydrological processes
that operate within the system;
(f) "land degradation" means reduction or loss, in arid, semi-arid and
dry sub-humid areas, of the biological or economic productivity and complexity
of rainfed cropland, irrigated cropland, or range, pasture, forest and
woodlands resulting from land uses or from a process or combination of
processes, including processes arising from human activities and habitation
patterns, such as:
(i) soil erosion caused by wind and/or water;
(ii) deterioration of the physical, chemical and biological
or economic properties of soil; and
(iii) long-term loss of natural vegetation;
(g) "arid, semi-arid and dry sub-humid areas" means areas, other than
polar and sub-polar regions, in which the ratio of annual precipitation to
potential evapotranspiration falls within the range from 0.05 to 0.65;
(h) "affected areas" means arid, semi-arid and/or dry sub-humid areas
affected or threatened by desertification;
(i) "affected countries" means countries whose lands include, in whole
or in part, affected areas;
(j) "regional economic integration organization" means an organization
constituted by sovereign States of a given region which has competence in
respect of matters governed by this Convention and has been duly authorized,
in accordance with its internal procedures, to sign, ratify, accept, approve
or accede to this Convention;
(k) "developed country Parties" means developed country Parties and
regional economic integration organizations constituted by developed
countries.
Article 2
Objective
1. The objective of this Convention is to combat desertification and
mitigate the effects of drought in countries experiencing serious drought
and/or desertification, particularly in Africa, through effective action at
all levels, supported by international cooperation and partnership
arrangements, in the framework of an integrated approach which is consistent
with Agenda 21, with a view to contributing to the achievement of sustainable
development in affected areas.
2. Achieving this objective will involve long-term integrated
strategies that focus simultaneously, in affected areas, on improved
productivity of land, and the rehabilitation, conservation and sustainable
management of land and water resources, leading to improved living conditions,
in particular at the community level.
Article 3
Principles
In order to achieve the objective of this Convention and to implement
its provisions, the Parties shall be guided, inter alia, by the following:
(a) the Parties should ensure that decisions on the design and
implementation of programmes to combat desertification and/or mitigate the
effects of drought are taken with the participation of populations and local
communities and that an enabling environment is created at higher levels to
facilitate action at national and local levels;
(b) the Parties should, in a spirit of international solidarity and
partnership, improve cooperation and coordination at subregional, regional and
international levels, and better focus financial, human, organizational and
technical resources where they are needed;
(c) the Parties should develop, in a spirit of partnership,
cooperation among all levels of government, communities, non-governmental
organizations and landholders to establish a better understanding of the
nature and value of land and scarce water resources in affected areas and to
work towards their sustainable use; and
(d) the Parties should take into full consideration the special needs
and circumstances of affected developing country Parties, particularly the
least developed among them.
PART II
GENERAL PROVISIONS
Article 4
General obligations
1. The Parties shall implement their obligations under this
Convention, individually or jointly, either through existing or prospective
bilateral and multilateral arrangements or a combination thereof, as
appropriate, emphasizing the need to coordinate efforts and develop a coherent
long-term strategy at all levels.
2. In pursuing the objective of this Convention, the Parties shall:
(a) adopt an integrated approach addressing the physical, biological
and socio-economic aspects of the processes of desertification and drought;
(b) give due attention, within the relevant international and regional
bodies, to the situation of affected developing country Parties with regard to
international trade, marketing arrangements and debt with a view to
establishing an enabling international economic environment conducive to the
promotion of sustainable development;
(c) integrate strategies for poverty eradication into efforts to
combat desertification and mitigate the effects of drought;
(d) promote cooperation among affected country Parties in the fields
of environmental protection and the conservation of land and water resources,
as they relate to desertification and drought;
(e) strengthen subregional, regional and international cooperation;
(f) cooperate within relevant intergovernmental organizations;
(g) determine institutional mechanisms, if appropriate, keeping in
mind the need to avoid duplication; and
(h) promote the use of existing bilateral and multilateral financial
mechanisms and arrangements that mobilize and channel substantial financial
resources to affected developing country Parties in combating desertification
and mitigating the effects of drought.
3. Affected developing country Parties are eligible for assistance in
the implementation of the Convention.
Article 5
Obligations of affected country Parties
In addition to their obligations pursuant to article 4, affected country
Parties undertake to:
(a) give due priority to combating desertification and mitigating the
effects of drought, and allocate adequate resources in accordance with their
circumstances and capabilities;
(b) establish strategies and priorities, within the framework of
sustainable development plans and/or policies, to combat desertification and
mitigate the effects of drought;
(c) address the underlying causes of desertification and pay special
attention to the socio-economic factors contributing to desertification
processes;
(d) promote awareness and facilitate the participation of local
populations, particularly women and youth, with the support of non-
governmental organizations, in efforts to combat desertification and mitigate
the effects of drought; and
(e) 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.
Article 6
Obligations of developed country Parties
In addition to their general obligations pursuant to article 4,
developed country Parties undertake to:
(a) actively support, as agreed, individually or jointly, the efforts
of affected developing country Parties, particularly those in Africa, and the
least developed countries, to combat desertification and mitigate the effects
of drought;
(b) provide substantial financial resources and other forms of support
to assist affected developing country Parties, particularly those in Africa,
effectively to develop and implement their own long-term plans and strategies
to combat desertification and mitigate the effects of drought;
(c) promote the mobilization of new and additional funding pursuant to
article 20, paragraph 2 (b);
(d) encourage the mobilization of funding from the private sector and
other non-governmental sources; and
(e) promote and facilitate access by affected country Parties,
particularly affected developing country Parties, to appropriate technology,
knowledge and know-how.
Article 7
Priority for Africa
In implementing this Convention, the Parties shall give priority to
affected African country Parties, in the light of the particular situation
prevailing in that region, while not neglecting affected developing country
Parties in other regions.
Article 8
Relationship with other conventions
1. The Parties shall encourage the coordination of activities carried
out under this Convention and, if they are Parties to them, under other
relevant international agreements, particularly the United Nations Framework
Convention on Climate Change and the Convention on Biological Diversity, in
order to derive maximum benefit from activities under each agreement while
avoiding duplication of effort. The Parties shall encourage the conduct of
joint programmes, particularly in the fields of research, training, systematic
observation and information collection and exchange, to the extent that such
activities may contribute to achieving the objectives of the agreements
concerned.
2. The provisions of this Convention shall not affect the rights and
obligations of any Party deriving from a bilateral, regional or international
agreement into which it has entered prior to the entry into force of this
Convention for it.
PART III
ACTION PROGRAMMES, SCIENTIFIC AND TECHNICAL COOPERATION
AND SUPPORTING MEASURES
Section 1: Action programmes
Article 9
Basic approach
1. In carrying out their obligations pursuant to article 5, affected
developing country Parties and any other affected country Party in the
framework of its regional implementation annex or, otherwise, that has
notified the Permanent Secretariat in writing of its intention to prepare a
national action programme, shall, as appropriate, prepare, make public and
implement national action programmes, utilizing and building, to the extent
possible, on existing relevant successful plans and programmes, and
subregional and regional action programmes, as the central element of the
strategy to combat desertification and mitigate the effects of drought. Such
programmes shall be updated through a continuing participatory process on the
basis of lessons from field action, as well as the results of research. The
preparation of national action programmes shall be closely interlinked with
other efforts to formulate national policies for sustainable development.
2. In the provision by developed country Parties of different forms
of assistance under the terms of article 6, priority shall be given to
supporting, as agreed, national, subregional and regional action programmes of
affected developing country Parties, particularly those in Africa, either
directly or through relevant multilateral organizations or both.
3. The Parties shall encourage organs, funds and programmes of the
United Nations system and other relevant intergovernmental organizations,
academic institutions, the scientific community and non-governmental
organizations in a position to cooperate, in accordance with their mandates
and capabilities, to support the elaboration, implementation and follow-up of
action programmes.
Article 10
National action programmes
1. The purpose of national action programmes is to identify the
factors contributing to desertification and practical measures necessary to
combat desertification and mitigate the effects of drought.
2. National action programmes shall specify the respective roles of
government, local communities and land users and the resources available and
needed. They shall, inter alia:
(a) incorporate long-term strategies to combat desertification and
mitigate the effects of drought, emphasize implementation and be integrated
with national policies for sustainable development;
(b) allow for modifications to be made in response to changing
circumstances and be sufficiently flexible at the local level to cope with
different socio-economic, biological and geo-physical conditions;
(c) give particular attention to the implementation of preventive
measures for lands that are not yet degraded or which are only slightly
degraded;
(d) enhance national climatological, meteorological and hydrological
capabilities and the means to provide for drought early warning;
(e) promote policies and strengthen institutional frameworks which
develop cooperation and coordination, in a spirit of partnership, between the
donor community, governments at all levels, local populations and community
groups, and facilitate access by local populations to appropriate information
and technology;
(f) provide for effective participation at the local, national and
regional levels of non-governmental organizations and local populations, both
women and men, particularly resource users, including farmers and pastoralists
and their representative organizations, in policy planning, decision-making,
and implementation and review of national action programmes; and
(g) require regular review of, and progress reports on, their
implementation.
3. National action programmes may include, inter alia, some or all of
the following measures to prepare for and mitigate the effects of drought:
(a) establishment and/or strengthening, as appropriate, of early
warning systems, including local and national facilities and joint systems at
the subregional and regional levels, and mechanisms for assisting
environmentally displaced persons;
(b) strengthening of drought preparedness and management, including
drought contingency plans at the local, national, subregional and regional
levels, which take into consideration seasonal to interannual climate
predictions;
(c) establishment and/or strengthening, as appropriate, of food
security systems, including storage and marketing facilities, particularly in
rural areas;
(d) establishment of alternative livelihood projects that could
provide incomes in drought prone areas; and
(e) development of sustainable irrigation programmes for both crops
and livestock.
4. Taking into account the circumstances and requirements specific to
each affected country Party, national action programmes include, as
appropriate, inter alia, measures in some or all of the following priority
fields as they relate to combating desertification and mitigating the effects
of drought in affected areas and to their populations: promotion of
alternative livelihoods and improvement of national economic environments with
a view to strengthening programmes aimed at the eradication of poverty and at
ensuring food security; demographic dynamics; sustainable management of
natural resources; sustainable agricultural practices; development and
efficient use of various energy sources; institutional and legal frameworks;
strengthening of capabilities for assessment and systematic observation,
including hydrological and meteorological services, and capacity building,
education and public awareness.
Article 11
Subregional and regional action programmes
Affected country Parties shall consult and cooperate to prepare, as
appropriate, in accordance with relevant regional implementation annexes,
subregional and/or regional action programmes to harmonize, complement and
increase the efficiency of national programmes. The provisions of article 10
shall apply mutatis mutandis to subregional and regional programmes. Such
cooperation may include agreed joint programmes for the sustainable management
of transboundary natural resources, scientific and technical cooperation, and
strengthening of relevant institutions.
Article 12
International cooperation
Affected country Parties, in collaboration with other Parties and the
international community, should cooperate to ensure the promotion of an
enabling international environment in the implementation of the Convention.
Such cooperation should also cover fields of technology transfer as well as
scientific research and development, information collection and dissemination
and financial resources.
Article 13
Support for the elaboration and
implementation of action programmes
1. Measures to support action programmes pursuant to article 9
include, inter alia:
(a) financial cooperation to provide predictability for action
programmes, allowing for necessary long-term planning;
(b) elaboration and use of cooperation mechanisms which better enable
support at the local level, including action through non-governmental
organizations, in order to promote the replicability of successful pilot
programme activities where relevant;
(c) increased flexibility in project design, funding and
implementation in keeping with the experimental, iterative approach indicated
for participatory action at the local community level; and
(d) as appropriate, administrative and budgetary procedures that
increase the efficiency of cooperation and of support programmes.
2. In providing such support to affected developing country Parties,
priority shall be given to African country Parties and to least developed
country Parties.
Article 14
Coordination in the elaboration and implementation
of action programmes
1. The Parties shall work closely together, directly and through
relevant intergovernmental organizations, in the elaboration and
implementation of action programmes.
2. The Parties shall develop operational mechanisms, particularly at
the national and field levels, to ensure the fullest possible coordination
among developed country Parties, developing country Parties and relevant
intergovernmental and non-governmental organizations, in order to avoid
duplication, harmonize interventions and approaches, and maximize the impact
of assistance. In affected developing country Parties, priority will be given
to coordinating activities related to international cooperation in order to
maximize the efficient use of resources, to ensure responsive assistance, and
to facilitate the implementation of national action programmes and priorities
under this Convention.
Article 15
Regional implementation annexes
Elements for incorporation in action programmes shall be selected and
adapted to the socio-economic, geographical and climatic factors applicable to
affected country Parties or regions, as well as to their level of development.
Guidelines for the preparation of action programmes and their exact focus and
content for particular subregions and regions are set out in the regional
implementation annexes.
Section 2: Scientific and technical cooperation
Article 16
Information collection, analysis and exchange
The Parties agree, according to their respective capabilities, to
integrate and coordinate the collection, analysis and exchange of relevant
short term and long term data and information to ensure systematic observation
of land degradation in affected areas and to understand better and assess the
processes and effects of drought and desertification. This would help
accomplish, inter alia, early warning and advance planning for periods of
adverse climatic variation in a form suited for practical application by users
at all levels, including especially local populations. To this end, they
shall, as appropriate:
(a) facilitate and strengthen the functioning of the global network of
institutions and facilities for the collection, analysis and exchange of
information, as well as for systematic observation at all levels, which shall,
inter alia:
(i) aim to use compatible standards and systems;
(ii) encompass relevant data and stations, including in
remote areas;
(iii) use and disseminate modern technology for data
collection, transmission and assessment on land degradation; and
(iv) link national, subregional and regional data and
information centres more closely with global information sources;
(b) ensure that the collection, analysis and exchange of information
address the needs of local communities and those of decision makers, with a
view to resolving specific problems, and that local communities are involved
in these activities;
(c) support and further develop bilateral and multilateral programmes
and projects aimed at defining, conducting, assessing and financing the
collection, analysis and exchange of data and information, including, inter
alia, integrated sets of physical, biological, social and economic indicators;
(d) make full use of the expertise of competent intergovernmental and
non-governmental organizations, particularly to disseminate relevant
information and experiences among target groups in different regions;
(e) give full weight to the collection, analysis and exchange of
socio-economic data, and their integration with physical and biological data;
(f) exchange and make fully, openly and promptly available information
from all publicly available sources relevant to combating desertification and
mitigating the effects of drought; and
(g) subject to their respective national legislation and/or policies,
exchange information on local and traditional knowledge, ensuring adequate
protection for it and providing appropriate return from the benefits derived
from it, on an equitable basis and on mutually agreed terms, to the local
populations concerned.
Article 17
Research and development
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, subregional, regional and international institutions. To this end,
they shall support research activities that:
(a) contribute to increased knowledge of the processes leading to
desertification and drought and the impact of, and distinction between, causal
factors, both natural and human, with a view to combating desertification and
mitigating the effects of drought, and achieving improved productivity as well
as sustainable use and management of resources;
(b) respond to well defined objectives, address the specific needs of
local populations and lead to the identification and implementation of
solutions that improve the living standards of people in affected areas;
(c) 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;
(d) develop and strengthen national, subregional and regional research
capabilities in affected developing country Parties, particularly in Africa,
including the development of local skills and the strengthening of appropriate
capacities, especially in countries with a weak research base, giving
particular attention to multidisciplinary and participative socio-economic
research;
(e) take into account, where relevant, the relationship between
poverty, migration caused by environmental factors, and desertification;
(f) promote the conduct of joint research programmes between national,
subregional, regional and international research organizations, in both the
public and private sectors, for the development of improved, affordable and
accessible technologies for sustainable development through effective
participation of local populations and communities; and
(g) enhance the availability of water resources in affected areas, by
means of, inter alia, cloud-seeding.
2. Research priorities for particular regions and subregions,
reflecting different local conditions, should be included in action
programmes. The Conference of the Parties shall review research priorities
periodically on the advice of the Committee on Science and Technology.
Article 18
Transfer, acquisition, adaptation and development of technology
1. 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 Parties shall, in particular:
(a) fully utilize relevant existing national, subregional, 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;
(b) facilitate access, in particular by affected developing country
Parties, on favourable terms, including on concessional and preferential
terms, as mutually agreed, taking into account the need to protect
intellectual property rights, to technologies most suitable to practical
application for specific needs of local populations, paying special attention
to the social, cultural, economic and environmental impact of such technology;
(c) facilitate technology cooperation among affected country Parties
through financial assistance or other appropriate means;
(d) extend technology cooperation with affected developing country
Parties, including, where relevant, joint ventures, especially to sectors
which foster alternative livelihoods; and
(e) take appropriate measures to create domestic market conditions and
incentives, fiscal or otherwise, conducive to the development, transfer,
acquisition and adaptation of suitable technology, knowledge, know-how and
practices, including measures to ensure adequate and effective protection of
intellectual property rights.
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:
(a) 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;
(b) 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;
(c) 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
(d) facilitate, as appropriate, the adaptation of such technology,
knowledge, know-how and practices to wide use and integrate them with modern
technology, as appropriate.
Section 3: Supporting measures
Article 19
Capacity building, education and public awareness
1. The Parties recognize 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. They shall promote, as appropriate,
capacity-building:
(a) through the full participation at all levels of local people,
particularly at the local level, especially women and youth, with the
cooperation of non-governmental and local organizations;
(b) by strengthening training and research capacity at the national
level in the field of desertification and drought;
(c) by establishing and/or strengthening support and extension
services to disseminate relevant technology methods and techniques more
effectively, and by training field agents and members of rural organizations
in participatory approaches for the conservation and sustainable use of
natural resources;
(d) by fostering the use and dissemination of the knowledge, know-how
and practices of local people in technical cooperation programmes, wherever
possible;
(e) by adapting, where necessary, relevant environmentally sound
technology and traditional methods of agriculture and pastoralism to modern
socio-economic conditions;
(f) by providing appropriate training and technolog
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GENERAL
A/AC.241/27
12 September 1994
ENGLISH
Original: ENGLISH
INTERGOVERNMENTAL NEGOTIATING COMMITTEE FOR
THE ELABORATION OF AN INTERNATIONAL CONVENTION
TO COMBAT DESERTIFICATION IN THOSE COUNTRIES
EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
ELABORATION OF AN INTERNATIONAL CONVENTION TO COMBAT DESERTIFICATION
IN COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR DESERTIFICATION,
PARTICULARLY IN AFRICA
Final text of the Convention
Note by the Secretariat
Attached is the final text of the United Nations Convention to Combat
Desertification in Those Countries Experiencing Serious Drought and/or
Desertification, Particularly in Africa, following completion of the
verification processes as requested by the INCD upon adoption of the
Convention at its fifth session, on 17 June 1994.
The final text has been forwarded to the Office of Legal Affairs of the
United Nations, which acts as Depositary, in order to prepare for the signing
ceremony to be held in Paris, on 14-15 October 1994.
UNITED NATIONS CONVENTION TO COMBAT DESERTIFICATION
IN THOSE COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
The Parties to this Convention,
Affirming that human beings in affected or threatened areas are at the
centre of concerns to combat desertification and mitigate the effects of
drought,
Reflecting the urgent concern of the international community, including
States and international organizations, about the adverse impacts of
desertification and drought,
Aware that arid, semi-arid and dry sub-humid areas together account for
a significant proportion of the Earth's land area and are the habitat and
source of livelihood for a large segment of its population,
Acknowledging that desertification and drought are problems of global
dimension in that they affect all regions of the world and that joint action
of the international community is needed to combat desertification and/or
mitigate the effects of drought,
Noting the high concentration of developing countries, notably the least
developed countries, among those experiencing serious drought and/or
desertification, and the particularly tragic consequences of these phenomena
in Africa,
Noting also that desertification is caused by complex interactions among
physical, biological, political, social, cultural and economic factors,
Considering the impact of trade and relevant aspects of international
economic relations on the ability of affected countries to combat
desertification adequately,
Conscious that sustainable economic growth, social development and
poverty eradication are priorities of affected developing countries,
particularly in Africa, and are essential to meeting sustainability
objectives,
Mindful that desertification and drought affect sustainable development
through their interrelationships with important social problems such as
poverty, poor health and nutrition, lack of food security, and those arising
from migration, displacement of persons and demographic dynamics,
Appreciating the significance of the past efforts and experience of
States and international organizations in combating desertification and
mitigating the effects of drought, particularly in implementing the Plan of
Action to Combat Desertification which was adopted at the United Nations
Conference on Desertification in 1977,
Realizing that, despite efforts in the past, progress in combating
desertification and mitigating the effects of drought has not met expectations
and that a new and more effective approach is needed at all levels within the
framework of sustainable development,
Recognizing the validity and relevance of decisions adopted at the
United Nations Conference on Environment and Development, particularly of
Agenda 21 and its chapter 12, which provide a basis for combating
desertification,
Reaffirming in this light the commitments of developed countries as
contained in paragraph 13 of chapter 33 of Agenda 21,
Recalling General Assembly resolution 47/188, particularly the priority
in it prescribed for Africa, and all other relevant United Nations
resolutions, decisions and programmes on desertification and drought, as well
as relevant declarations by African countries and those from other regions,
Reaffirming the Rio Declaration on Environment and Development which
states, in its Principle 2, that States have, in accordance with the Charter
of the United Nations and the principles of international law, the sovereign
right to exploit their own resources pursuant to their own environmental and
developmental policies, and the responsibility to ensure that activities
within their jurisdiction or control do not cause damage to the environment of
other States or of areas beyond the limits of national jurisdiction,
Recognizing that national Governments play a critical role in combating
desertification and mitigating the effects of drought and that progress in
that respect depends on local implementation of action programmes in affected
areas,
Recognizing also the importance and necessity of international
cooperation and partnership in combating desertification and mitigating the
effects of drought,
Recognizing further the importance of the provision to affected
developing countries, particularly in Africa, of effective means, inter alia
substantial financial resources, including new and additional funding, and
access to technology, without which it will be difficult for them to implement
fully their commitments under this Convention,
Expressing concern over the impact of desertification and drought on
affected countries in Central Asia and the Transcaucasus,
Stressing the important role played by women in regions affected by
desertification and/or drought, particularly in rural areas of developing
countries, and the importance of ensuring the full participation of both men
and women at all levels in programmes to combat desertification and mitigate
the effects of drought,
Emphasizing the special role of non-governmental organizations and other
major groups in programmes to combat desertification and mitigate the effects
of drought,
Bearing in mind the relationship between desertification and other
environmental problems of global dimension facing the international and
national communities,
Bearing also in mind the contribution that combating desertification can
make to achieving the objectives of the United Nations Framework Convention on
Climate Change, the Convention on Biological Diversity and other related
environmental conventions,
Believing that strategies to combat desertification and mitigate the
effects of drought will be most effective if they are based on sound
systematic observation and rigorous scientific knowledge and if they are
continuously re-evaluated,
Recognizing the urgent need to improve the effectiveness and
coordination of international cooperation to facilitate the implementation of
national plans and priorities,
Determined to take appropriate action in combating desertification and
mitigating the effects of drought for the benefit of present and future
generations,
Have agreed as follows:
PART I
INTRODUCTION
Article 1
Use of terms
For the purposes of this Convention:
(a) "desertification" means land degradation in arid, semi-arid and
dry sub-humid areas resulting from various factors, including climatic
variations and human activities;
(b) "combating desertification" includes activities which are part of
the integrated development of land in arid, semi-arid and dry sub-humid areas
for sustainable development which are aimed at:
(i) prevention and/or reduction of land degradation;
(ii) rehabilitation of partly degraded land; and
(iii) reclamation of desertified land;
(c) "drought" means the naturally occurring phenomenon that exists
when precipitation has been significantly below normal recorded levels,
causing serious hydrological imbalances that adversely affect land resource
production systems;
(d) "mitigating the effects of drought" means activities related to
the prediction of drought and intended to reduce the vulnerability of society
and natural systems to drought as it relates to combating desertification;
(e) "land" means the terrestrial bio-productive system that comprises
soil, vegetation, other biota, and the ecological and hydrological processes
that operate within the system;
(f) "land degradation" means reduction or loss, in arid, semi-arid and
dry sub-humid areas, of the biological or economic productivity and complexity
of rainfed cropland, irrigated cropland, or range, pasture, forest and
woodlands resulting from land uses or from a process or combination of
processes, including processes arising from human activities and habitation
patterns, such as:
(i) soil erosion caused by wind and/or water;
(ii) deterioration of the physical, chemical and biological
or economic properties of soil; and
(iii) long-term loss of natural vegetation;
(g) "arid, semi-arid and dry sub-humid areas" means areas, other than
polar and sub-polar regions, in which the ratio of annual precipitation to
potential evapotranspiration falls within the range from 0.05 to 0.65;
(h) "affected areas" means arid, semi-arid and/or dry sub-humid areas
affected or threatened by desertification;
(i) "affected countries" means countries whose lands include, in whole
or in part, affected areas;
(j) "regional economic integration organization" means an organization
constituted by sovereign States of a given region which has competence in
respect of matters governed by this Convention and has been duly authorized,
in accordance with its internal procedures, to sign, ratify, accept, approve
or accede to this Convention;
(k) "developed country Parties" means developed country Parties and
regional economic integration organizations constituted by developed
countries.
Article 2
Objective
1. The objective of this Convention is to combat desertification and
mitigate the effects of drought in countries experiencing serious drought
and/or desertification, particularly in Africa, through effective action at
all levels, supported by international cooperation and partnership
arrangements, in the framework of an integrated approach which is consistent
with Agenda 21, with a view to contributing to the achievement of sustainable
development in affected areas.
2. Achieving this objective will involve long-term integrated
strategies that focus simultaneously, in affected areas, on improved
productivity of land, and the rehabilitation, conservation and sustainable
management of land and water resources, leading to improved living conditions,
in particular at the community level.
Article 3
Principles
In order to achieve the objective of this Convention and to implement
its provisions, the Parties shall be guided, inter alia, by the following:
(a) the Parties should ensure that decisions on the design and
implementation of programmes to combat desertification and/or mitigate the
effects of drought are taken with the participation of populations and local
communities and that an enabling environment is created at higher levels to
facilitate action at national and local levels;
(b) the Parties should, in a spirit of international solidarity and
partnership, improve cooperation and coordination at subregional, regional and
international levels, and better focus financial, human, organizational and
technical resources where they are needed;
(c) the Parties should develop, in a spirit of partnership,
cooperation among all levels of government, communities, non-governmental
organizations and landholders to establish a better understanding of the
nature and value of land and scarce water resources in affected areas and to
work towards their sustainable use; and
(d) the Parties should take into full consideration the special needs
and circumstances of affected developing country Parties, particularly the
least developed among them.
PART II
GENERAL PROVISIONS
Article 4
General obligations
1. The Parties shall implement their obligations under this
Convention, individually or jointly, either through existing or prospective
bilateral and multilateral arrangements or a combination thereof, as
appropriate, emphasizing the need to coordinate efforts and develop a coherent
long-term strategy at all levels.
2. In pursuing the objective of this Convention, the Parties shall:
(a) adopt an integrated approach addressing the physical, biological
and socio-economic aspects of the processes of desertification and drought;
(b) give due attention, within the relevant international and regional
bodies, to the situation of affected developing country Parties with regard to
international trade, marketing arrangements and debt with a view to
establishing an enabling international economic environment conducive to the
promotion of sustainable development;
(c) integrate strategies for poverty eradication into efforts to
combat desertification and mitigate the effects of drought;
(d) promote cooperation among affected country Parties in the fields
of environmental protection and the conservation of land and water resources,
as they relate to desertification and drought;
(e) strengthen subregional, regional and international cooperation;
(f) cooperate within relevant intergovernmental organizations;
(g) determine institutional mechanisms, if appropriate, keeping in
mind the need to avoid duplication; and
(h) promote the use of existing bilateral and multilateral financial
mechanisms and arrangements that mobilize and channel substantial financial
resources to affected developing country Parties in combating desertification
and mitigating the effects of drought.
3. Affected developing country Parties are eligible for assistance in
the implementation of the Convention.
Article 5
Obligations of affected country Parties
In addition to their obligations pursuant to article 4, affected country
Parties undertake to:
(a) give due priority to combating desertification and mitigating the
effects of drought, and allocate adequate resources in accordance with their
circumstances and capabilities;
(b) establish strategies and priorities, within the framework of
sustainable development plans and/or policies, to combat desertification and
mitigate the effects of drought;
(c) address the underlying causes of desertification and pay special
attention to the socio-economic factors contributing to desertification
processes;
(d) promote awareness and facilitate the participation of local
populations, particularly women and youth, with the support of non-
governmental organizations, in efforts to combat desertification and mitigate
the effects of drought; and
(e) 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.
Article 6
Obligations of developed country Parties
In addition to their general obligations pursuant to article 4,
developed country Parties undertake to:
(a) actively support, as agreed, individually or jointly, the efforts
of affected developing country Parties, particularly those in Africa, and the
least developed countries, to combat desertification and mitigate the effects
of drought;
(b) provide substantial financial resources and other forms of support
to assist affected developing country Parties, particularly those in Africa,
effectively to develop and implement their own long-term plans and strategies
to combat desertification and mitigate the effects of drought;
(c) promote the mobilization of new and additional funding pursuant to
article 20, paragraph 2 (b);
(d) encourage the mobilization of funding from the private sector and
other non-governmental sources; and
(e) promote and facilitate access by affected country Parties,
particularly affected developing country Parties, to appropriate technology,
knowledge and know-how.
Article 7
Priority for Africa
In implementing this Convention, the Parties shall give priority to
affected African country Parties, in the light of the particular situation
prevailing in that region, while not neglecting affected developing country
Parties in other regions.
Article 8
Relationship with other conventions
1. The Parties shall encourage the coordination of activities carried
out under this Convention and, if they are Parties to them, under other
relevant international agreements, particularly the United Nations Framework
Convention on Climate Change and the Convention on Biological Diversity, in
order to derive maximum benefit from activities under each agreement while
avoiding duplication of effort. The Parties shall encourage the conduct of
joint programmes, particularly in the fields of research, training, systematic
observation and information collection and exchange, to the extent that such
activities may contribute to achieving the objectives of the agreements
concerned.
2. The provisions of this Convention shall not affect the rights and
obligations of any Party deriving from a bilateral, regional or international
agreement into which it has entered prior to the entry into force of this
Convention for it.
PART III
ACTION PROGRAMMES, SCIENTIFIC AND TECHNICAL COOPERATION
AND SUPPORTING MEASURES
Section 1: Action programmes
Article 9
Basic approach
1. In carrying out their obligations pursuant to article 5, affected
developing country Parties and any other affected country Party in the
framework of its regional implementation annex or, otherwise, that has
notified the Permanent Secretariat in writing of its intention to prepare a
national action programme, shall, as appropriate, prepare, make public and
implement national action programmes, utilizing and building, to the extent
possible, on existing relevant successful plans and programmes, and
subregional and regional action programmes, as the central element of the
strategy to combat desertification and mitigate the effects of drought. Such
programmes shall be updated through a continuing participatory process on the
basis of lessons from field action, as well as the results of research. The
preparation of national action programmes shall be closely interlinked with
other efforts to formulate national policies for sustainable development.
2. In the provision by developed country Parties of different forms
of assistance under the terms of article 6, priority shall be given to
supporting, as agreed, national, subregional and regional action programmes of
affected developing country Parties, particularly those in Africa, either
directly or through relevant multilateral organizations or both.
3. The Parties shall encourage organs, funds and programmes of the
United Nations system and other relevant intergovernmental organizations,
academic institutions, the scientific community and non-governmental
organizations in a position to cooperate, in accordance with their mandates
and capabilities, to support the elaboration, implementation and follow-up of
action programmes.
Article 10
National action programmes
1. The purpose of national action programmes is to identify the
factors contributing to desertification and practical measures necessary to
combat desertification and mitigate the effects of drought.
2. National action programmes shall specify the respective roles of
government, local communities and land users and the resources available and
needed. They shall, inter alia:
(a) incorporate long-term strategies to combat desertification and
mitigate the effects of drought, emphasize implementation and be integrated
with national policies for sustainable development;
(b) allow for modifications to be made in response to changing
circumstances and be sufficiently flexible at the local level to cope with
different socio-economic, biological and geo-physical conditions;
(c) give particular attention to the implementation of preventive
measures for lands that are not yet degraded or which are only slightly
degraded;
(d) enhance national climatological, meteorological and hydrological
capabilities and the means to provide for drought early warning;
(e) promote policies and strengthen institutional frameworks which
develop cooperation and coordination, in a spirit of partnership, between the
donor community, governments at all levels, local populations and community
groups, and facilitate access by local populations to appropriate information
and technology;
(f) provide for effective participation at the local, national and
regional levels of non-governmental organizations and local populations, both
women and men, particularly resource users, including farmers and pastoralists
and their representative organizations, in policy planning, decision-making,
and implementation and review of national action programmes; and
(g) require regular review of, and progress reports on, their
implementation.
3. National action programmes may include, inter alia, some or all of
the following measures to prepare for and mitigate the effects of drought:
(a) establishment and/or strengthening, as appropriate, of early
warning systems, including local and national facilities and joint systems at
the subregional and regional levels, and mechanisms for assisting
environmentally displaced persons;
(b) strengthening of drought preparedness and management, including
drought contingency plans at the local, national, subregional and regional
levels, which take into consideration seasonal to interannual climate
predictions;
(c) establishment and/or strengthening, as appropriate, of food
security systems, including storage and marketing facilities, particularly in
rural areas;
(d) establishment of alternative livelihood projects that could
provide incomes in drought prone areas; and
(e) development of sustainable irrigation programmes for both crops
and livestock.
4. Taking into account the circumstances and requirements specific to
each affected country Party, national action programmes include, as
appropriate, inter alia, measures in some or all of the following priority
fields as they relate to combating desertification and mitigating the effects
of drought in affected areas and to their populations: promotion of
alternative livelihoods and improvement of national economic environments with
a view to strengthening programmes aimed at the eradication of poverty and at
ensuring food security; demographic dynamics; sustainable management of
natural resources; sustainable agricultural practices; development and
efficient use of various energy sources; institutional and legal frameworks;
strengthening of capabilities for assessment and systematic observation,
including hydrological and meteorological services, and capacity building,
education and public awareness.
Article 11
Subregional and regional action programmes
Affected country Parties shall consult and cooperate to prepare, as
appropriate, in accordance with relevant regional implementation annexes,
subregional and/or regional action programmes to harmonize, complement and
increase the efficiency of national programmes. The provisions of article 10
shall apply mutatis mutandis to subregional and regional programmes. Such
cooperation may include agreed joint programmes for the sustainable management
of transboundary natural resources, scientific and technical cooperation, and
strengthening of relevant institutions.
Article 12
International cooperation
Affected country Parties, in collaboration with other Parties and the
international community, should cooperate to ensure the promotion of an
enabling international environment in the implementation of the Convention.
Such cooperation should also cover fields of technology transfer as well as
scientific research and development, information collection and dissemination
and financial resources.
Article 13
Support for the elaboration and
implementation of action programmes
1. Measures to support action programmes pursuant to article 9
include, inter alia:
(a) financial cooperation to provide predictability for action
programmes, allowing for necessary long-term planning;
(b) elaboration and use of cooperation mechanisms which better enable
support at the local level, including action through non-governmental
organizations, in order to promote the replicability of successful pilot
programme activities where relevant;
(c) increased flexibility in project design, funding and
implementation in keeping with the experimental, iterative approach indicated
for participatory action at the local community level; and
(d) as appropriate, administrative and budgetary procedures that
increase the efficiency of cooperation and of support programmes.
2. In providing such support to affected developing country Parties,
priority shall be given to African country Parties and to least developed
country Parties.
Article 14
Coordination in the elaboration and implementation
of action programmes
1. The Parties shall work closely together, directly and through
relevant intergovernmental organizations, in the elaboration and
implementation of action programmes.
2. The Parties shall develop operational mechanisms, particularly at
the national and field levels, to ensure the fullest possible coordination
among developed country Parties, developing country Parties and relevant
intergovernmental and non-governmental organizations, in order to avoid
duplication, harmonize interventions and approaches, and maximize the impact
of assistance. In affected developing country Parties, priority will be given
to coordinating activities related to international cooperation in order to
maximize the efficient use of resources, to ensure responsive assistance, and
to facilitate the implementation of national action programmes and priorities
under this Convention.
Article 15
Regional implementation annexes
Elements for incorporation in action programmes shall be selected and
adapted to the socio-economic, geographical and climatic factors applicable to
affected country Parties or regions, as well as to their level of development.
Guidelines for the preparation of action programmes and their exact focus and
content for particular subregions and regions are set out in the regional
implementation annexes.
Section 2: Scientific and technical cooperation
Article 16
Information collection, analysis and exchange
The Parties agree, according to their respective capabilities, to
integrate and coordinate the collection, analysis and exchange of relevant
short term and long term data and information to ensure systematic observation
of land degradation in affected areas and to understand better and assess the
processes and effects of drought and desertification. This would help
accomplish, inter alia, early warning and advance planning for periods of
adverse climatic variation in a form suited for practical application by users
at all levels, including especially local populations. To this end, they
shall, as appropriate:
(a) facilitate and strengthen the functioning of the global network of
institutions and facilities for the collection, analysis and exchange of
information, as well as for systematic observation at all levels, which shall,
inter alia:
(i) aim to use compatible standards and systems;
(ii) encompass relevant data and stations, including in
remote areas;
(iii) use and disseminate modern technology for data
collection, transmission and assessment on land degradation; and
(iv) link national, subregional and regional data and
information centres more closely with global information sources;
(b) ensure that the collection, analysis and exchange of information
address the needs of local communities and those of decision makers, with a
view to resolving specific problems, and that local communities are involved
in these activities;
(c) support and further develop bilateral and multilateral programmes
and projects aimed at defining, conducting, assessing and financing the
collection, analysis and exchange of data and information, including, inter
alia, integrated sets of physical, biological, social and economic indicators;
(d) make full use of the expertise of competent intergovernmental and
non-governmental organizations, particularly to disseminate relevant
information and experiences among target groups in different regions;
(e) give full weight to the collection, analysis and exchange of
socio-economic data, and their integration with physical and biological data;
(f) exchange and make fully, openly and promptly available information
from all publicly available sources relevant to combating desertification and
mitigating the effects of drought; and
(g) subject to their respective national legislation and/or policies,
exchange information on local and traditional knowledge, ensuring adequate
protection for it and providing appropriate return from the benefits derived
from it, on an equitable basis and on mutually agreed terms, to the local
populations concerned.
Article 17
Research and development
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, subregional, regional and international institutions. To this end,
they shall support research activities that:
(a) contribute to increased knowledge of the processes leading to
desertification and drought and the impact of, and distinction between, causal
factors, both natural and human, with a view to combating desertification and
mitigating the effects of drought, and achieving improved productivity as well
as sustainable use and management of resources;
(b) respond to well defined objectives, address the specific needs of
local populations and lead to the identification and implementation of
solutions that improve the living standards of people in affected areas;
(c) 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;
(d) develop and strengthen national, subregional and regional research
capabilities in affected developing country Parties, particularly in Africa,
including the development of local skills and the strengthening of appropriate
capacities, especially in countries with a weak research base, giving
particular attention to multidisciplinary and participative socio-economic
research;
(e) take into account, where relevant, the relationship between
poverty, migration caused by environmental factors, and desertification;
(f) promote the conduct of joint research programmes between national,
subregional, regional and international research organizations, in both the
public and private sectors, for the development of improved, affordable and
accessible technologies for sustainable development through effective
participation of local populations and communities; and
(g) enhance the availability of water resources in affected areas, by
means of, inter alia, cloud-seeding.
2. Research priorities for particular regions and subregions,
reflecting different local conditions, should be included in action
programmes. The Conference of the Parties shall review research priorities
periodically on the advice of the Committee on Science and Technology.
Article 18
Transfer, acquisition, adaptation and development of technology
1. 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 Parties shall, in particular:
(a) fully utilize relevant existing national, subregional, 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;
(b) facilitate access, in particular by affected developing country
Parties, on favourable terms, including on concessional and preferential
terms, as mutually agreed, taking into account the need to protect
intellectual property rights, to technologies most suitable to practical
application for specific needs of local populations, paying special attention
to the social, cultural, economic and environmental impact of such technology;
(c) facilitate technology cooperation among affected country Parties
through financial assistance or other appropriate means;
(d) extend technology cooperation with affected developing country
Parties, including, where relevant, joint ventures, especially to sectors
which foster alternative livelihoods; and
(e) take appropriate measures to create domestic market conditions and
incentives, fiscal or otherwise, conducive to the development, transfer,
acquisition and adaptation of suitable technology, knowledge, know-how and
practices, including measures to ensure adequate and effective protection of
intellectual property rights.
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:
(a) 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;
(b) 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;
(c) 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
(d) facilitate, as appropriate, the adaptation of such technology,
knowledge, know-how and practices to wide use and integrate them with modern
technology, as appropriate.
Section 3: Supporting measures
Article 19
Capacity building, education and public awareness
1. The Parties recognize 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. They shall promote, as appropriate,
capacity-building:
(a) through the full participation at all levels of local people,
particularly at the local level, especially women and youth, with the
cooperation of non-governmental and local organizations;
(b) by strengthening training and research capacity at the national
level in the field of desertification and drought;
(c) by establishing and/or strengthening support and extension
services to disseminate relevant technology methods and techniques more
effectively, and by training field agents and members of rural organizations
in participatory approaches for the conservation and sustainable use of
natural resources;
(d) by fostering the use and dissemination of the knowledge, know-how
and practices of local people in technical cooperation programmes, wherever
possible;
(e) by adapting, where necessary, relevant environmentally sound
technology and traditional methods of agriculture and pastoralism to modern
socio-economic conditions;
(f) by 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;
(g) through cooperation, as mutually agreed, to strengthen the
capacity of affected developing country Parties to develop and implement
programmes in the field of collection, analysis and exchange of information
pursuant to article 16;
(h) through innovative ways of promoting alternative livelihoods,
including training in new skills;
(i) by training of decision makers, managers, and personnel who are
responsible for the collection and analysis of data for the dissemination and
use of early warning information on drought conditions and for food
production;
(j) through more effective operation of existing national institutions
and legal frameworks and, where necessary, creation of new ones, along with
strengthening of strategic planning and management; and
(k) by means of exchange visitor programmes to enhance capacity
building in affected country Parties through a long-term, interactive process
of learning and study.
2. Affected developing country Parties shall conduct, in cooperation
with other Parties and competent intergovernmental and non-governmental
organizations, as appropriate, an interdisciplinary review of available
capacity and facilities at the local and national levels, and the potential
for strengthening them.
3. 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. To that
end, they shall:
(a) organize awareness campaigns for the general public;
(b) promote, on a permanent basis, access by the public to relevant
information, and wide public participation in education and awareness
activities;
(c) encourage the establishment of associations that contribute to
public awareness;
(d) develop and exchange educational and public awareness material,
where possible in local languages, exchange and second experts to train
personnel of affected developing country Parties in carrying out relevant
education and awareness programmes, and fully utilize relevant educational
material available in competent international bodies;
(e) assess educational needs in affected areas, elaborate appropriate
school curricula and expand, as needed, educational and adult literacy
programmes and opportunities for all, in particular for girls and women, on
the identification, conservation and sustainable use and management of the
natural resources of affected areas; and
(f) develop interdisciplinary participatory programmes integrating
desertification and drought awareness into educational systems and in non-
formal, adult, distance and practical educational programmes.
4. The Conference of the Parties shall establish and/or strengthen
networks of regional education and training centres to combat desertification
and mitigate the effects of drought. These networks shall be coordinated by
an institution created or designated for that purpose, in order to train
scientific, technical and management personnel and to strengthen existing
institutions responsible for education and training in affected country
Parties, where appropriate, with a view to harmonizing programmes and to
organizing exchanges of experience among them. These networks shall cooperate
closely with relevant intergovernmental and non-governmental organizations to
avoid duplication of effort.
Article 20
Financial resources
1. Given the central importance of financing to the achievement of
the objective of the Convention, the Parties, taking into account their
capabilities
ELABORATION OF AN INTERNATIONAL CONVENTION TO COMBAT DESERTIFICATION
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GENERAL
A/AC.241/27
12 September 1994
ENGLISH
Original: ENGLISH
INTERGOVERNMENTAL NEGOTIATING COMMITTEE FOR
THE ELABORATION OF AN INTERNATIONAL CONVENTION
TO COMBAT DESERTIFICATION IN THOSE COUNTRIES
EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
ELABORATION OF AN INTERNATIONAL CONVENTION TO COMBAT DESERTIFICATION
IN COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR DESERTIFICATION,
PARTICULARLY IN AFRICA
Final text of the Convention
Note by the Secretariat
Attached is the final text of the United Nations Convention to Combat
Desertification in Those Countries Experiencing Serious Drought and/or
Desertification, Particularly in Africa, following completion of the
verification processes as requested by the INCD upon adoption of the
Convention at its fifth session, on 17 June 1994.
The final text has been forwarded to the Office of Legal Affairs of the
United Nations, which acts as Depositary, in order to prepare for the signing
ceremony to be held in Paris, on 14-15 October 1994.
UNITED NATIONS CONVENTION TO COMBAT DESERTIFICATION
IN THOSE COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
The Parties to this Convention,
Affirming that human beings in affected or threatened areas are at the
centre of concerns to combat desertification and mitigate the effects of
drought,
Reflecting the urgent concern of the international community, including
States and international organizations, about the adverse impacts of
desertification and drought,
Aware that arid, semi-arid and dry sub-humid areas together account for
a significant proportion of the Earth's land area and are the habitat and
source of livelihood for a large segment of its population,
Acknowledging that desertification and drought are problems of global
dimension in that they affect all regions of the world and that joint action
of the international community is needed to combat desertification and/or
mitigate the effects of drought,
Noting the high concentration of developing countries, notably the least
developed countries, among those experiencing serious drought and/or
desertification, and the particularly tragic consequences of these phenomena
in Africa,
Noting also that desertification is caused by complex interactions among
physical, biological, political, social, cultural and economic factors,
Considering the impact of trade and relevant aspects of international
economic relations on the ability of affected countries to combat
desertification adequately,
Conscious that sustainable economic growth, social development and
poverty eradication are priorities of affected developing countries,
particularly in Africa, and are essential to meeting sustainability
objectives,
Mindful that desertification and drought affect sustainable development
through their interrelationships with important social problems such as
poverty, poor health and nutrition, lack of food security, and those arising
from migration, displacement of persons and demographic dynamics,
Appreciating the significance of the past efforts and experience of
States and international organizations in combating desertification and
mitigating the effects of drought, particularly in implementing the Plan of
Action to Combat Desertification which was adopted at the United Nations
Conference on Desertification in 1977,
Realizing that, despite efforts in the past, progress in combating
desertification and mitigating the effects of drought has not met expectations
and that a new and more effective approach is needed at all levels within the
framework of sustainable development,
Recognizing the validity and relevance of decisions adopted at the
United Nations Conference on Environment and Development, particularly of
Agenda 21 and its chapter 12, which provide a basis for combating
desertification,
Reaffirming in this light the commitments of developed countries as
contained in paragraph 13 of chapter 33 of Agenda 21,
Recalling General Assembly resolution 47/188, particularly the priority
in it prescribed for Africa, and all other relevant United Nations
resolutions, decisions and programmes on desertification and drought, as well
as relevant declarations by African countries and those from other regions,
Reaffirming the Rio Declaration on Environment and Development which
states, in its Principle 2, that States have, in accordance with the Charter
of the United Nations and the principles of international law, the sovereign
right to exploit their own resources pursuant to their own environmental and
developmental policies, and the responsibility to ensure that activities
within their jurisdiction or control do not cause damage to the environment of
other States or of areas beyond the limits of national jurisdiction,
Recognizing that national Governments play a critical role in combating
desertification and mitigating the effects of drought and that progress in
that respect depends on local implementation of action programmes in affected
areas,
Recognizing also the importance and necessity of international
cooperation and partnership in combating desertification and mitigating the
effects of drought,
Recognizing further the importance of the provision to affected
developing countries, particularly in Africa, of effective means, inter alia
substantial financial resources, including new and additional funding, and
access to technology, without which it will be difficult for them to implement
fully their commitments under this Convention,
Expressing concern over the impact of desertification and drought on
affected countries in Central Asia and the Transcaucasus,
Stressing the important role played by women in regions affected by
desertification and/or drought, particularly in rural areas of developing
countries, and the importance of ensuring the full participation of both men
and women at all levels in programmes to combat desertification and mitigate
the effects of drought,
Emphasizing the special role of non-governmental organizations and other
major groups in programmes to combat desertification and mitigate the effects
of drought,
Bearing in mind the relationship between desertification and other
environmental problems of global dimension facing the international and
national communities,
Bearing also in mind the contribution that combating desertification can
make to achieving the objectives of the United Nations Framework Convention on
Climate Change, the Convention on Biological Diversity and other related
environmental conventions,
Believing that strategies to combat desertification and mitigate the
effects of drought will be most effective if they are based on sound
systematic observation and rigorous scientific knowledge and if they are
continuously re-evaluated,
Recognizing the urgent need to improve the effectiveness and
coordination of international cooperation to facilitate the implementation of
national plans and priorities,
Determined to take appropriate action in combating desertification and
mitigating the effects of drought for the benefit of present and future
generations,
Have agreed as follows:
PART I
INTRODUCTION
Article 1
Use of terms
For the purposes of this Convention:
(a) "desertification" means land degradation in arid, semi-arid and
dry sub-humid areas resulting from various factors, including climatic
variations and human activities;
(b) "combating desertification" includes activities which are part of
the integrated development of land in arid, semi-arid and dry sub-humid areas
for sustainable development which are aimed at:
(i) prevention and/or reduction of land degradation;
(ii) rehabilitation of partly degraded land; and
(iii) reclamation of desertified land;
(c) "drought" means the naturally occurring phenomenon that exists
when precipitation has been significantly below normal recorded levels,
causing serious hydrological imbalances that adversely affect land resource
production systems;
(d) "mitigating the effects of drought" means activities related to
the prediction of drought and intended to reduce the vulnerability of society
and natural systems to drought as it relates to combating desertification;
(e) "land" means the terrestrial bio-productive system that comprises
soil, vegetation, other biota, and the ecological and hydrological processes
that operate within the system;
(f) "land degradation" means reduction or loss, in arid, semi-arid and
dry sub-humid areas, of the biological or economic productivity and complexity
of rainfed cropland, irrigated cropland, or range, pasture, forest and
woodlands resulting from land uses or from a process or combination of
processes, including processes arising from human activities and habitation
patterns, such as:
(i) soil erosion caused by wind and/or water;
(ii) deterioration of the physical, chemical and biological
or economic properties of soil; and
(iii) long-term loss of natural vegetation;
(g) "arid, semi-arid and dry sub-humid areas" means areas, other than
polar and sub-polar regions, in which the ratio of annual precipitation to
potential evapotranspiration falls within the range from 0.05 to 0.65;
(h) "affected areas" means arid, semi-arid and/or dry sub-humid areas
affected or threatened by desertification;
(i) "affected countries" means countries whose lands include, in whole
or in part, affected areas;
(j) "regional economic integration organization" means an organization
constituted by sovereign States of a given region which has competence in
respect of matters governed by this Convention and has been duly authorized,
in accordance with its internal procedures, to sign, ratify, accept, approve
or accede to this Convention;
(k) "developed country Parties" means developed country Parties and
regional economic integration organizations constituted by developed
countries.
Article 2
Objective
1. The objective of this Convention is to combat desertification and
mitigate the effects of drought in countries experiencing serious drought
and/or desertification, particularly in Africa, through effective action at
all levels, supported by international cooperation and partnership
arrangements, in the framework of an integrated approach which is consistent
with Agenda 21, with a view to contributing to the achievement of sustainable
development in affected areas.
2. Achieving this objective will involve long-term integrated
strategies that focus simultaneously, in affected areas, on improved
productivity of land, and the rehabilitation, conservation and sustainable
management of land and water resources, leading to improved living conditions,
in particular at the community level.
Article 3
Principles
In order to achieve the objective of this Convention and to implement
its provisions, the Parties shall be guided, inter alia, by the following:
(a) the Parties should ensure that decisions on the design and
implementation of programmes to combat desertification and/or mitigate the
effects of drought are taken with the participation of populations and local
communities and that an enabling environment is created at higher levels to
facilitate action at national and local levels;
(b) the Parties should, in a spirit of international solidarity and
partnership, improve cooperation and coordination at subregional, regional and
international levels, and better focus financial, human, organizational and
technical resources where they are needed;
(c) the Parties should develop, in a spirit of partnership,
cooperation among all levels of government, communities, non-governmental
organizations and landholders to establish a better understanding of the
nature and value of land and scarce water resources in affected areas and to
work towards their sustainable use; and
(d) the Parties should take into full consideration the special needs
and circumstances of affected developing country Parties, particularly the
least developed among them.
PART II
GENERAL PROVISIONS
Article 4
General obligations
1. The Parties shall implement their obligations under this
Convention, individually or jointly, either through existing or prospective
bilateral and multilateral arrangements or a combination thereof, as
appropriate, emphasizing the need to coordinate efforts and develop a coherent
long-term strategy at all levels.
2. In pursuing the objective of this Convention, the Parties shall:
(a) adopt an integrated approach addressing the physical, biological
and socio-economic aspects of the processes of desertification and drought;
(b) give due attention, within the relevant international and regional
bodies, to the situation of affected developing country Parties with regard to
international trade, marketing arrangements and debt with a view to
establishing an enabling international economic environment conducive to the
promotion of sustainable development;
(c) integrate strategies for poverty eradication into efforts to
combat desertification and mitigate the effects of drought;
(d) promote cooperation among affected country Parties in the fields
of environmental protection and the conservation of land and water resources,
as they relate to desertification and drought;
(e) strengthen subregional, regional and international cooperation;
(f) cooperate within relevant intergovernmental organizations;
(g) determine institutional mechanisms, if appropriate, keeping in
mind the need to avoid duplication; and
(h) promote the use of existing bilateral and multilateral financial
mechanisms and arrangements that mobilize and channel substantial financial
resources to affected developing country Parties in combating desertification
and mitigating the effects of drought.
3. Affected developing country Parties are eligible for assistance in
the implementation of the Convention.
Article 5
Obligations of affected country Parties
In addition to their obligations pursuant to article 4, affected country
Parties undertake to:
(a) give due priority to combating desertification and mitigating the
effects of drought, and allocate adequate resources in accordance with their
circumstances and capabilities;
(b) establish strategies and priorities, within the framework of
sustainable development plans and/or policies, to combat desertification and
mitigate the effects of drought;
(c) address the underlying causes of desertification and pay special
attention to the socio-economic factors contributing to desertification
processes;
(d) promote awareness and facilitate the participation of local
populations, particularly women and youth, with the support of non-
governmental organizations, in efforts to combat desertification and mitigate
the effects of drought; and
(e) 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.
Article 6
Obligations of developed country Parties
In addition to their general obligations pursuant to article 4,
developed country Parties undertake to:
(a) actively support, as agreed, individually or jointly, the efforts
of affected developing country Parties, particularly those in Africa, and the
least developed countries, to combat desertification and mitigate the effects
of drought;
(b) provide substantial financial resources and other forms of support
to assist affected developing country Parties, particularly those in Africa,
effectively to develop and implement their own long-term plans and strategies
to combat desertification and mitigate the effects of drought;
(c) promote the mobilization of new and additional funding pursuant to
article 20, paragraph 2 (b);
(d) encourage the mobilization of funding from the private sector and
other non-governmental sources; and
(e) promote and facilitate access by affected country Parties,
particularly affected developing country Parties, to appropriate technology,
knowledge and know-how.
Article 7
Priority for Africa
In implementing this Convention, the Parties shall give priority to
affected African country Parties, in the light of the particular situation
prevailing in that region, while not neglecting affected developing country
Parties in other regions.
Article 8
Relationship with other conventions
1. The Parties shall encourage the coordination of activities carried
out under this Convention and, if they are Parties to them, under other
relevant international agreements, particularly the United Nations Framework
Convention on Climate Change and the Convention on Biological Diversity, in
order to derive maximum benefit from activities under each agreement while
avoiding duplication of effort. The Parties shall encourage the conduct of
joint programmes, particularly in the fields of research, training, systematic
observation and information collection and exchange, to the extent that such
activities may contribute to achieving the objectives of the agreements
concerned.
2. The provisions of this Convention shall not affect the rights and
obligations of any Party deriving from a bilateral, regional or international
agreement into which it has entered prior to the entry into force of this
Convention for it.
PART III
ACTION PROGRAMMES, SCIENTIFIC AND TECHNICAL COOPERATION
AND SUPPORTING MEASURES
Section 1: Action programmes
Article 9
Basic approach
1. In carrying out their obligations pursuant to article 5, affected
developing country Parties and any other affected country Party in the
framework of its regional implementation annex or, otherwise, that has
notified the Permanent Secretariat in writing of its intention to prepare a
national action programme, shall, as appropriate, prepare, make public and
implement national action programmes, utilizing and building, to the extent
possible, on existing relevant successful plans and programmes, and
subregional and regional action programmes, as the central element of the
strategy to combat desertification and mitigate the effects of drought. Such
programmes shall be updated through a continuing participatory process on the
basis of lessons from field action, as well as the results of research. The
preparation of national action programmes shall be closely interlinked with
other efforts to formulate national policies for sustainable development.
2. In the provision by developed country Parties of different forms
of assistance under the terms of article 6, priority shall be given to
supporting, as agreed, national, subregional and regional action programmes of
affected developing country Parties, particularly those in Africa, either
directly or through relevant multilateral organizations or both.
3. The Parties shall encourage organs, funds and programmes of the
United Nations system and other relevant intergovernmental organizations,
academic institutions, the scientific community and non-governmental
organizations in a position to cooperate, in accordance with their mandates
and capabilities, to support the elaboration, implementation and follow-up of
action programmes.
Article 10
National action programmes
1. The purpose of national action programmes is to identify the
factors contributing to desertification and practical measures necessary to
combat desertification and mitigate the effects of drought.
2. National action programmes shall specify the respective roles of
government, local communities and land users and the resources available and
needed. They shall, inter alia:
(a) incorporate long-term strategies to combat desertification and
mitigate the effects of drought, emphasize implementation and be integrated
with national policies for sustainable development;
(b) allow for modifications to be made in response to changing
circumstances and be sufficiently flexible at the local level to cope with
different socio-economic, biological and geo-physical conditions;
(c) give particular attention to the implementation of preventive
measures for lands that are not yet degraded or which are only slightly
degraded;
(d) enhance national climatological, meteorological and hydrological
capabilities and the means to provide for drought early warning;
(e) promote policies and strengthen institutional frameworks which
develop cooperation and coordination, in a spirit of partnership, between the
donor community, governments at all levels, local populations and community
groups, and facilitate access by local populations to appropriate information
and technology;
(f) provide for effective participation at the local, national and
regional levels of non-governmental organizations and local populations, both
women and men, particularly resource users, including farmers and pastoralists
and their representative organizations, in policy planning, decision-making,
and implementation and review of national action programmes; and
(g) require regular review of, and progress reports on, their
implementation.
3. National action programmes may include, inter alia, some or all of
the following measures to prepare for and mitigate the effects of drought:
(a) establishment and/or strengthening, as appropriate, of early
warning systems, including local and national facilities and joint systems at
the subregional and regional levels, and mechanisms for assisting
environmentally displaced persons;
(b) strengthening of drought preparedness and management, including
drought contingency plans at the local, national, subregional and regional
levels, which take into consideration seasonal to interannual climate
predictions;
(c) establishment and/or strengthening, as appropriate, of food
security systems, including storage and marketing facilities, particularly in
rural areas;
(d) establishment of alternative livelihood projects that could
provide incomes in drought prone areas; and
(e) development of sustainable irrigation programmes for both crops
and livestock.
4. Taking into account the circumstances and requirements specific to
each affected country Party, national action programmes include, as
appropriate, inter alia, measures in some or all of the following priority
fields as they relate to combating desertification and mitigating the effects
of drought in affected areas and to their populations: promotion of
alternative livelihoods and improvement of national economic environments with
a view to strengthening programmes aimed at the eradication of poverty and at
ensuring food security; demographic dynamics; sustainable management of
natural resources; sustainable agricultural practices; development and
efficient use of various energy sources; institutional and legal frameworks;
strengthening of capabilities for assessment and systematic observation,
including hydrological and meteorological services, and capacity building,
education and public awareness.
Article 11
Subregional and regional action programmes
Affected country Parties shall consult and cooperate to prepare, as
appropriate, in accordance with relevant regional implementation annexes,
subregional and/or regional action programmes to harmonize, complement and
increase the efficiency of national programmes. The provisions of article 10
shall apply mutatis mutandis to subregional and regional programmes. Such
cooperation may include agreed joint programmes for the sustainable management
of transboundary natural resources, scientific and technical cooperation, and
strengthening of relevant institutions.
Article 12
International cooperation
Affected country Parties, in collaboration with other Parties and the
international community, should cooperate to ensure the promotion of an
enabling international environment in the implementation of the Convention.
Such cooperation should also cover fields of technology transfer as well as
scientific research and development, information collection and dissemination
and financial resources.
Article 13
Support for the elaboration and
implementation of action programmes
1. Measures to support action programmes pursuant to article 9
include, inter alia:
(a) financial cooperation to provide predictability for action
programmes, allowing for necessary long-term planning;
(b) elaboration and use of cooperation mechanisms which better enable
support at the local level, including action through non-governmental
organizations, in order to promote the replicability of successful pilot
programme activities where relevant;
(c) increased flexibility in project design, funding and
implementation in keeping with the experimental, iterative approach indicated
for participatory action at the local community level; and
(d) as appropriate, administrative and budgetary procedures that
increase the efficiency of cooperation and of support programmes.
2. In providing such support to affected developing country Parties,
priority shall be given to African country Parties and to least developed
country Parties.
Article 14
Coordination in the elaboration and implementation
of action programmes
1. The Parties shall work closely together, directly and through
relevant intergovernmental organizations, in the elaboration and
implementation of action programmes.
2. The Parties shall develop operational mechanisms, particularly at
the national and field levels, to ensure the fullest possible coordination
among developed country Parties, developing country Parties and relevant
intergovernmental and non-governmental organizations, in order to avoid
duplication, harmonize interventions and approaches, and maximize the impact
of assistance. In affected developing country Parties, priority will be given
to coordinating activities related to international cooperation in order to
maximize the efficient use of resources, to ensure responsive assistance, and
to facilitate the implementation of national action programmes and priorities
under this Convention.
Article 15
Regional implementation annexes
Elements for incorporation in action programmes shall be selected and
adapted to the socio-economic, geographical and climatic factors applicable to
affected country Parties or regions, as well as to their level of development.
Guidelines for the preparation of action programmes and their exact focus and
content for particular subregions and regions are set out in the regional
implementation annexes.
Section 2: Scientific and technical cooperation
Article 16
Information collection, analysis and exchange
The Parties agree, according to their respective capabilities, to
integrate and coordinate the collection, analysis and exchange of relevant
short term and long term data and information to ensure systematic observation
of land degradation in affected areas and to understand better and assess the
processes and effects of drought and desertification. This would help
accomplish, inter alia, early warning and advance planning for periods of
adverse climatic variation in a form suited for practical application by users
at all levels, including especially local populations. To this end, they
shall, as appropriate:
(a) facilitate and strengthen the functioning of the global network of
institutions and facilities for the collection, analysis and exchange of
information, as well as for systematic observation at all levels, which shall,
inter alia:
(i) aim to use compatible standards and systems;
(ii) encompass relevant data and stations, including in
remote areas;
(iii) use and disseminate modern technology for data
collection, transmission and assessment on land degradation; and
(iv) link national, subregional and regional data and
information centres more closely with global information sources;
(b) ensure that the collection, analysis and exchange of information
address the needs of local communities and those of decision makers, with a
view to resolving specific problems, and that local communities are involved
in these activities;
(c) support and further develop bilateral and multilateral programmes
and projects aimed at defining, conducting, assessing and financing the
collection, analysis and exchange of data and information, including, inter
alia, integrated sets of physical, biological, social and economic indicators;
(d) make full use of the expertise of competent intergovernmental and
non-governmental organizations, particularly to disseminate relevant
information and experiences among target groups in different regions;
(e) give full weight to the collection, analysis and exchange of
socio-economic data, and their integration with physical and biological data;
(f) exchange and make fully, openly and promptly available information
from all publicly available sources relevant to combating desertification and
mitigating the effects of drought; and
(g) subject to their respective national legislation and/or policies,
exchange information on local and traditional knowledge, ensuring adequate
protection for it and providing appropriate return from the benefits derived
from it, on an equitable basis and on mutually agreed terms, to the local
populations concerned.
Article 17
Research and development
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, subregional, regional and international institutions. To this end,
they shall support research activities that:
(a) contribute to increased knowledge of the processes leading to
desertification and drought and the impact of, and distinction between, causal
factors, both natural and human, with a view to combating desertification and
mitigating the effects of drought, and achieving improved productivity as well
as sustainable use and management of resources;
(b) respond to well defined objectives, address the specific needs of
local populations and lead to the identification and implementation of
solutions that improve the living standards of people in affected areas;
(c) 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;
(d) develop and strengthen national, subregional and regional research
capabilities in affected developing country Parties, particularly in Africa,
including the development of local skills and the strengthening of appropriate
capacities, especially in countries with a weak research base, giving
particular attention to multidisciplinary and participative socio-economic
research;
(e) take into account, where relevant, the relationship between
poverty, migration caused by environmental factors, and desertification;
(f) promote the conduct of joint research programmes between national,
subregional, regional and international research organizations, in both the
public and private sectors, for the development of improved, affordable and
accessible technologies for sustainable development through effective
participation of local populations and communities; and
(g) enhance the availability of water resources in affected areas, by
means of, inter alia, cloud-seeding.
2. Research priorities for particular regions and subregions,
reflecting different local conditions, should be included in action
programmes. The Conference of the Parties shall review research priorities
periodically on the advice of the Committee on Science and Technology.
Article 18
Transfer, acquisition, adaptation and development of technology
1. 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 Parties shall, in particular:
(a) fully utilize relevant existing national, subregional, 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;
(b) facilitate access, in particular by affected developing country
Parties, on favourable terms, including on concessional and preferential
terms, as mutually agreed, taking into account the need to protect
intellectual property rights, to technologies most suitable to practical
application for specific needs of local populations, paying special attention
to the social, cultural, economic and environmental impact of such technology;
(c) facilitate technology cooperation among affected country Parties
through financial assistance or other appropriate means;
(d) extend technology cooperation with affected developing country
Parties, including, where relevant, joint ventures, especially to sectors
which foster alternative livelihoods; and
(e) take appropriate measures to create domestic market conditions and
incentives, fiscal or otherwise, conducive to the development, transfer,
acquisition and adaptation of suitable technology, knowledge, know-how and
practices, including measures to ensure adequate and effective protection of
intellectual property rights.
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:
(a) 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;
(b) 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;
(c) 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
(d) facilitate, as appropriate, the adaptation of such technology,
knowledge, know-how and practices to wide use and integrate them with modern
technology, as appropriate.
Section 3: Supporting measures
Article 19
Capacity building, education and public awareness
1. The Parties recognize 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. They shall promote, as appropriate,
capacity-building:
(a) through the full participation at all levels of local people,
particularly at the local level, especially women and youth, with the
cooperation of non-governmental and local organizations;
(b) by strengthening training and research capacity at the national
level in the field of desertification and drought;
(c) by establishing and/or strengthening support and extension
services to disseminate relevant technology methods and techniques more
effectively, and by training field agents and members of rural organizations
in participatory approaches for the conservation and sustainable use of
natural resources;
(d) by fostering the use and dissemination of the knowledge, know-how
and practices of local people in technical cooperation programmes, wherever
possible;
(e) by adapting, where necessary, relevant environmentally sound
technology and traditional methods of agriculture and pastoralism to modern
socio-economic conditions;
(f) by 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;
(g) through cooperation, as mutually agreed, to strengthen the
capacity of affected developing country Parties to develop and implement
programmes in the field of collection, analysis and exchange of information
pursuant to article 16;
(h) through innovative ways of promoting alternative livelihoods,
including training in new skills;
(i) by training of decision makers, managers, and personnel who are
responsible for the collection and analysis of data for the dissemination and
use of early warning information on drought conditions and for food
production;
(j) through more effective operation of existing national institutions
and legal frameworks and, where necessary, creation of new ones, along with
strengthening of strategic planning and management; and
(k) by means of exchange visitor programmes to enhance capacity
building in affected country Parties through a long-term, interactive process
of learning and study.
2. Affected developing country Parties shall conduct, in cooperation
with other Parties and competent intergovernmental and non-governmental
organizations, as appropriate, an interdisciplinary review of available
capacity and facilities at the local and national levels, and the potential
for strengthening them.
3. 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. To that
end, they shall:
(a) organize awareness campaigns for the general public;
(b) promote, on a permanent basis, access by the public to relevant
information, and wide public participation in education and awareness
activities;
(c) encourage the establishment of associations that contribute to
public awareness;
(d) develop and exchange educational and public awareness material,
where possible in local languages, exchange and second experts to train
personnel of affected developing country Parties in carrying out relevant
education and awareness programmes, and fully utilize relevant educational
material available in competent international bodies;
(e) assess educational needs in affected areas, elaborate appropriate
school curricula and expand, as needed, educational and adult literacy
programmes and opportunities for all, in particular for girls and women, on
the identification, conservation and sustainable use and management of the
natural resources of affected areas; and
(f) develop interdisciplinary participatory programmes integrating
desertification and drought awareness into educational systems and in non-
formal, adult, distance and practical educational programmes.
4. The Conference of the Parties shall establish and/or strengthen
networks of regional education and training centres to combat desertification
and mitigate the effects of drought. These networks shall be coordinated by
an institution created or designated for that purpose, in order to train
scientific, technical and management personnel and to strengthen existing
institutions responsible for education and training in affected country
Parties, where appropriate, with a view to harmonizing programmes and to
organizing exchanges of experience among them. These networks shall cooperate
closely with relevant intergovernmental and non-governmental organizations to
avoid duplication of effort.
Article 20
Financial resources
1. Given the central importance of financing to the achievement of
the objective of the Convention, the Parties, taking into account their
capabilities, shall make every effort to ensure that adequate financial
resources are available for programmes to combat desertification and mitigate
the effects of drought.
2. In this connection, developed country Parties, while giving
priority to affected African country Parties without neglecting affected
developing country Parties in other regions, in accordance with article 7,
undertake to:
(a) mobilize substantial financial resources, including grants and
concessional loans, in order to support the implementation of programmes to
combat desertification and mitigate the effects of drought;
(b) promote the mobilization of adequate, timely and predictable
financial resources, including new and additional funding from the Global
Environment Facility of the agreed incremental costs of those activities
concerning desertification that relate to its four focal areas, in conformity
with the relevant provisions of the Instrument establishing the Global
Environment Facility;
(c) facilitate through international cooperation the transfer of
technology, knowledge and know-how; and
(d) explore, in cooperation with affected developing country Parties,
innovative methods and incentives for mobilizing and channelling resources,
including those of foundations, non-governmental organizations and other
private sector entities, particularly debt swaps and other innovative means
which increase financing by reducing the external debt burden of affected
developing country Parties, particularly those in Africa.
3. Affected developing country Parties, taking into account their
capabilities, undertake to mobilize adequate financial resources for the
implementation of their national action programmes.
4. In mobilizing financial resources, the Parties shall seek full use
and continued qualitative improvement of all national, bilateral and
multilateral funding sources and mechanisms, using consortia, joint programmes
and parallel financing, and shall seek to involve private sector funding
sources and mechanisms, including those of non-governmental organizations. To
this end, the Parties shall fully utilize the operational mechanisms developed
pursuant to article 14.
5. In order to mobilize the financial resources necessary for
affected developing country Parties to combat desertification and mitigate the
effects of drought, the Parties shall:
(a) rationalize and strengthen the management of resources already
allocated for combating desertification and mitigating the effects of drought
by using them more effectively and efficiently, assessing their successes and
shortcomings, removing hindrances to their effective use and, where necessary,
reorienting programmes in light of the integrated long-term approach adopted
pursuant to this Convention;
(b) give due priority and attention within the governing bodies of
multilateral financial institutions, facilities and funds, including regional
development banks and funds, to supporting affected developing country
Parties, particularly those in Africa, in activities which advance
implementation of the Convention, notably action programmes they undertake in
the framework of regional implementation annexes; and
(c) examine ways in which regional and subregional cooperation can be
strengthened to support efforts undertaken at the national level.
6. Other Parties are encouraged to provide, on a voluntary basis,
knowledge, know-how and techniques related to desertification and/or financial
resources to affected developing country Parties.
7. The full implementation by affected developing country Parties,
particularly those in Africa, of their obligations under the Convention will
be greatly assisted by the fulfilment by developed country Parties of their
obligations under the Convention, including in particular those regarding
financial resources and transfer of technology. In fulfilling their
obligations, developed country Parties should take fully into account that
economic and social development a
ELABORATION OF AN INTERNATIONAL CONVENTION TO COMBAT DESERTIFICATION
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GENERAL
A/AC.241/27
12 September 1994
ENGLISH
Original: ENGLISH
INTERGOVERNMENTAL NEGOTIATING COMMITTEE FOR
THE ELABORATION OF AN INTERNATIONAL CONVENTION
TO COMBAT DESERTIFICATION IN THOSE COUNTRIES
EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
ELABORATION OF AN INTERNATIONAL CONVENTION TO COMBAT DESERTIFICATION
IN COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR DESERTIFICATION,
PARTICULARLY IN AFRICA
Final text of the Convention
Note by the Secretariat
Attached is the final text of the United Nations Convention to Combat
Desertification in Those Countries Experiencing Serious Drought and/or
Desertification, Particularly in Africa, following completion of the
verification processes as requested by the INCD upon adoption of the
Convention at its fifth session, on 17 June 1994.
The final text has been forwarded to the Office of Legal Affairs of the
United Nations, which acts as Depositary, in order to prepare for the signing
ceremony to be held in Paris, on 14-15 October 1994.
UNITED NATIONS CONVENTION TO COMBAT DESERTIFICATION
IN THOSE COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
The Parties to this Convention,
Affirming that human beings in affected or threatened areas are at the
centre of concerns to combat desertification and mitigate the effects of
drought,
Reflecting the urgent concern of the international community, including
States and international organizations, about the adverse impacts of
desertification and drought,
Aware that arid, semi-arid and dry sub-humid areas together account for
a significant proportion of the Earth's land area and are the habitat and
source of livelihood for a large segment of its population,
Acknowledging that desertification and drought are problems of global
dimension in that they affect all regions of the world and that joint action
of the international community is needed to combat desertification and/or
mitigate the effects of drought,
Noting the high concentration of developing countries, notably the least
developed countries, among those experiencing serious drought and/or
desertification, and the particularly tragic consequences of these phenomena
in Africa,
Noting also that desertification is caused by complex interactions among
physical, biological, political, social, cultural and economic factors,
Considering the impact of trade and relevant aspects of international
economic relations on the ability of affected countries to combat
desertification adequately,
Conscious that sustainable economic growth, social development and
poverty eradication are priorities of affected developing countries,
particularly in Africa, and are essential to meeting sustainability
objectives,
Mindful that desertification and drought affect sustainable development
through their interrelationships with important social problems such as
poverty, poor health and nutrition, lack of food security, and those arising
from migration, displacement of persons and demographic dynamics,
Appreciating the significance of the past efforts and experience of
States and international organizations in combating desertification and
mitigating the effects of drought, particularly in implementing the Plan of
Action to Combat Desertification which was adopted at the United Nations
Conference on Desertification in 1977,
Realizing that, despite efforts in the past, progress in combating
desertification and mitigating the effects of drought has not met expectations
and that a new and more effective approach is needed at all levels within the
framework of sustainable development,
Recognizing the validity and relevance of decisions adopted at the
United Nations Conference on Environment and Development, particularly of
Agenda 21 and its chapter 12, which provide a basis for combating
desertification,
Reaffirming in this light the commitments of developed countries as
contained in paragraph 13 of chapter 33 of Agenda 21,
Recalling General Assembly resolution 47/188, particularly the priority
in it prescribed for Africa, and all other relevant United Nations
resolutions, decisions and programmes on desertification and drought, as well
as relevant declarations by African countries and those from other regions,
Reaffirming the Rio Declaration on Environment and Development which
states, in its Principle 2, that States have, in accordance with the Charter
of the United Nations and the principles of international law, the sovereign
right to exploit their own resources pursuant to their own environmental and
developmental policies, and the responsibility to ensure that activities
within their jurisdiction or control do not cause damage to the environment of
other States or of areas beyond the limits of national jurisdiction,
Recognizing that national Governments play a critical role in combating
desertification and mitigating the effects of drought and that progress in
that respect depends on local implementation of action programmes in affected
areas,
Recognizing also the importance and necessity of international
cooperation and partnership in combating desertification and mitigating the
effects of drought,
Recognizing further the importance of the provision to affected
developing countries, particularly in Africa, of effective means, inter alia
substantial financial resources, including new and additional funding, and
access to technology, without which it will be difficult for them to implement
fully their commitments under this Convention,
Expressing concern over the impact of desertification and drought on
affected countries in Central Asia and the Transcaucasus,
Stressing the important role played by women in regions affected by
desertification and/or drought, particularly in rural areas of developing
countries, and the importance of ensuring the full participation of both men
and women at all levels in programmes to combat desertification and mitigate
the effects of drought,
Emphasizing the special role of non-governmental organizations and other
major groups in programmes to combat desertification and mitigate the effects
of drought,
Bearing in mind the relationship between desertification and other
environmental problems of global dimension facing the international and
national communities,
Bearing also in mind the contribution that combating desertification can
make to achieving the objectives of the United Nations Framework Convention on
Climate Change, the Convention on Biological Diversity and other related
environmental conventions,
Believing that strategies to combat desertification and mitigate the
effects of drought will be most effective if they are based on sound
systematic observation and rigorous scientific knowledge and if they are
continuously re-evaluated,
Recognizing the urgent need to improve the effectiveness and
coordination of international cooperation to facilitate the implementation of
national plans and priorities,
Determined to take appropriate action in combating desertification and
mitigating the effects of drought for the benefit of present and future
generations,
Have agreed as follows:
PART I
INTRODUCTION
Article 1
Use of terms
For the purposes of this Convention:
(a) "desertification" means land degradation in arid, semi-arid and
dry sub-humid areas resulting from various factors, including climatic
variations and human activities;
(b) "combating desertification" includes activities which are part of
the integrated development of land in arid, semi-arid and dry sub-humid areas
for sustainable development which are aimed at:
(i) prevention and/or reduction of land degradation;
(ii) rehabilitation of partly degraded land; and
(iii) reclamation of desertified land;
(c) "drought" means the naturally occurring phenomenon that exists
when precipitation has been significantly below normal recorded levels,
causing serious hydrological imbalances that adversely affect land resource
production systems;
(d) "mitigating the effects of drought" means activities related to
the prediction of drought and intended to reduce the vulnerability of society
and natural systems to drought as it relates to combating desertification;
(e) "land" means the terrestrial bio-productive system that comprises
soil, vegetation, other biota, and the ecological and hydrological processes
that operate within the system;
(f) "land degradation" means reduction or loss, in arid, semi-arid and
dry sub-humid areas, of the biological or economic productivity and complexity
of rainfed cropland, irrigated cropland, or range, pasture, forest and
woodlands resulting from land uses or from a process or combination of
processes, including processes arising from human activities and habitation
patterns, such as:
(i) soil erosion caused by wind and/or water;
(ii) deterioration of the physical, chemical and biological
or economic properties of soil; and
(iii) long-term loss of natural vegetation;
(g) "arid, semi-arid and dry sub-humid areas" means areas, other than
polar and sub-polar regions, in which the ratio of annual precipitation to
potential evapotranspiration falls within the range from 0.05 to 0.65;
(h) "affected areas" means arid, semi-arid and/or dry sub-humid areas
affected or threatened by desertification;
(i) "affected countries" means countries whose lands include, in whole
or in part, affected areas;
(j) "regional economic integration organization" means an organization
constituted by sovereign States of a given region which has competence in
respect of matters governed by this Convention and has been duly authorized,
in accordance with its internal procedures, to sign, ratify, accept, approve
or accede to this Convention;
(k) "developed country Parties" means developed country Parties and
regional economic integration organizations constituted by developed
countries.
Article 2
Objective
1. The objective of this Convention is to combat desertification and
mitigate the effects of drought in countries experiencing serious drought
and/or desertification, particularly in Africa, through effective action at
all levels, supported by international cooperation and partnership
arrangements, in the framework of an integrated approach which is consistent
with Agenda 21, with a view to contributing to the achievement of sustainable
development in affected areas.
2. Achieving this objective will involve long-term integrated
strategies that focus simultaneously, in affected areas, on improved
productivity of land, and the rehabilitation, conservation and sustainable
management of land and water resources, leading to improved living conditions,
in particular at the community level.
Article 3
Principles
In order to achieve the objective of this Convention and to implement
its provisions, the Parties shall be guided, inter alia, by the following:
(a) the Parties should ensure that decisions on the design and
implementation of programmes to combat desertification and/or mitigate the
effects of drought are taken with the participation of populations and local
communities and that an enabling environment is created at higher levels to
facilitate action at national and local levels;
(b) the Parties should, in a spirit of international solidarity and
partnership, improve cooperation and coordination at subregional, regional and
international levels, and better focus financial, human, organizational and
technical resources where they are needed;
(c) the Parties should develop, in a spirit of partnership,
cooperation among all levels of government, communities, non-governmental
organizations and landholders to establish a better understanding of the
nature and value of land and scarce water resources in affected areas and to
work towards their sustainable use; and
(d) the Parties should take into full consideration the special needs
and circumstances of affected developing country Parties, particularly the
least developed among them.
PART II
GENERAL PROVISIONS
Article 4
General obligations
1. The Parties shall implement their obligations under this
Convention, individually or jointly, either through existing or prospective
bilateral and multilateral arrangements or a combination thereof, as
appropriate, emphasizing the need to coordinate efforts and develop a coherent
long-term strategy at all levels.
2. In pursuing the objective of this Convention, the Parties shall:
(a) adopt an integrated approach addressing the physical, biological
and socio-economic aspects of the processes of desertification and drought;
(b) give due attention, within the relevant international and regional
bodies, to the situation of affected developing country Parties with regard to
international trade, marketing arrangements and debt with a view to
establishing an enabling international economic environment conducive to the
promotion of sustainable development;
(c) integrate strategies for poverty eradication into efforts to
combat desertification and mitigate the effects of drought;
(d) promote cooperation among affected country Parties in the fields
of environmental protection and the conservation of land and water resources,
as they relate to desertification and drought;
(e) strengthen subregional, regional and international cooperation;
(f) cooperate within relevant intergovernmental organizations;
(g) determine institutional mechanisms, if appropriate, keeping in
mind the need to avoid duplication; and
(h) promote the use of existing bilateral and multilateral financial
mechanisms and arrangements that mobilize and channel substantial financial
resources to affected developing country Parties in combating desertification
and mitigating the effects of drought.
3. Affected developing country Parties are eligible for assistance in
the implementation of the Convention.
Article 5
Obligations of affected country Parties
In addition to their obligations pursuant to article 4, affected country
Parties undertake to:
(a) give due priority to combating desertification and mitigating the
effects of drought, and allocate adequate resources in accordance with their
circumstances and capabilities;
(b) establish strategies and priorities, within the framework of
sustainable development plans and/or policies, to combat desertification and
mitigate the effects of drought;
(c) address the underlying causes of desertification and pay special
attention to the socio-economic factors contributing to desertification
processes;
(d) promote awareness and facilitate the participation of local
populations, particularly women and youth, with the support of non-
governmental organizations, in efforts to combat desertification and mitigate
the effects of drought; and
(e) 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.
Article 6
Obligations of developed country Parties
In addition to their general obligations pursuant to article 4,
developed country Parties undertake to:
(a) actively support, as agreed, individually or jointly, the efforts
of affected developing country Parties, particularly those in Africa, and the
least developed countries, to combat desertification and mitigate the effects
of drought;
(b) provide substantial financial resources and other forms of support
to assist affected developing country Parties, particularly those in Africa,
effectively to develop and implement their own long-term plans and strategies
to combat desertification and mitigate the effects of drought;
(c) promote the mobilization of new and additional funding pursuant to
article 20, paragraph 2 (b);
(d) encourage the mobilization of funding from the private sector and
other non-governmental sources; and
(e) promote and facilitate access by affected country Parties,
particularly affected developing country Parties, to appropriate technology,
knowledge and know-how.
Article 7
Priority for Africa
In implementing this Convention, the Parties shall give priority to
affected African country Parties, in the light of the particular situation
prevailing in that region, while not neglecting affected developing country
Parties in other regions.
Article 8
Relationship with other conventions
1. The Parties shall encourage the coordination of activities carried
out under this Convention and, if they are Parties to them, under other
relevant international agreements, particularly the United Nations Framework
Convention on Climate Change and the Convention on Biological Diversity, in
order to derive maximum benefit from activities under each agreement while
avoiding duplication of effort. The Parties shall encourage the conduct of
joint programmes, particularly in the fields of research, training, systematic
observation and information collection and exchange, to the extent that such
activities may contribute to achieving the objectives of the agreements
concerned.
2. The provisions of this Convention shall not affect the rights and
obligations of any Party deriving from a bilateral, regional or international
agreement into which it has entered prior to the entry into force of this
Convention for it.
PART III
ACTION PROGRAMMES, SCIENTIFIC AND TECHNICAL COOPERATION
AND SUPPORTING MEASURES
Section 1: Action programmes
Article 9
Basic approach
1. In carrying out their obligations pursuant to article 5, affected
developing country Parties and any other affected country Party in the
framework of its regional implementation annex or, otherwise, that has
notified the Permanent Secretariat in writing of its intention to prepare a
national action programme, shall, as appropriate, prepare, make public and
implement national action programmes, utilizing and building, to the extent
possible, on existing relevant successful plans and programmes, and
subregional and regional action programmes, as the central element of the
strategy to combat desertification and mitigate the effects of drought. Such
programmes shall be updated through a continuing participatory process on the
basis of lessons from field action, as well as the results of research. The
preparation of national action programmes shall be closely interlinked with
other efforts to formulate national policies for sustainable development.
2. In the provision by developed country Parties of different forms
of assistance under the terms of article 6, priority shall be given to
supporting, as agreed, national, subregional and regional action programmes of
affected developing country Parties, particularly those in Africa, either
directly or through relevant multilateral organizations or both.
3. The Parties shall encourage organs, funds and programmes of the
United Nations system and other relevant intergovernmental organizations,
academic institutions, the scientific community and non-governmental
organizations in a position to cooperate, in accordance with their mandates
and capabilities, to support the elaboration, implementation and follow-up of
action programmes.
Article 10
National action programmes
1. The purpose of national action programmes is to identify the
factors contributing to desertification and practical measures necessary to
combat desertification and mitigate the effects of drought.
2. National action programmes shall specify the respective roles of
government, local communities and land users and the resources available and
needed. They shall, inter alia:
(a) incorporate long-term strategies to combat desertification and
mitigate the effects of drought, emphasize implementation and be integrated
with national policies for sustainable development;
(b) allow for modifications to be made in response to changing
circumstances and be sufficiently flexible at the local level to cope with
different socio-economic, biological and geo-physical conditions;
(c) give particular attention to the implementation of preventive
measures for lands that are not yet degraded or which are only slightly
degraded;
(d) enhance national climatological, meteorological and hydrological
capabilities and the means to provide for drought early warning;
(e) promote policies and strengthen institutional frameworks which
develop cooperation and coordination, in a spirit of partnership, between the
donor community, governments at all levels, local populations and community
groups, and facilitate access by local populations to appropriate information
and technology;
(f) provide for effective participation at the local, national and
regional levels of non-governmental organizations and local populations, both
women and men, particularly resource users, including farmers and pastoralists
and their representative organizations, in policy planning, decision-making,
and implementation and review of national action programmes; and
(g) require regular review of, and progress reports on, their
implementation.
3. National action programmes may include, inter alia, some or all of
the following measures to prepare for and mitigate the effects of drought:
(a) establishment and/or strengthening, as appropriate, of early
warning systems, including local and national facilities and joint systems at
the subregional and regional levels, and mechanisms for assisting
environmentally displaced persons;
(b) strengthening of drought preparedness and management, including
drought contingency plans at the local, national, subregional and regional
levels, which take into consideration seasonal to interannual climate
predictions;
(c) establishment and/or strengthening, as appropriate, of food
security systems, including storage and marketing facilities, particularly in
rural areas;
(d) establishment of alternative livelihood projects that could
provide incomes in drought prone areas; and
(e) development of sustainable irrigation programmes for both crops
and livestock.
4. Taking into account the circumstances and requirements specific to
each affected country Party, national action programmes include, as
appropriate, inter alia, measures in some or all of the following priority
fields as they relate to combating desertification and mitigating the effects
of drought in affected areas and to their populations: promotion of
alternative livelihoods and improvement of national economic environments with
a view to strengthening programmes aimed at the eradication of poverty and at
ensuring food security; demographic dynamics; sustainable management of
natural resources; sustainable agricultural practices; development and
efficient use of various energy sources; institutional and legal frameworks;
strengthening of capabilities for assessment and systematic observation,
including hydrological and meteorological services, and capacity building,
education and public awareness.
Article 11
Subregional and regional action programmes
Affected country Parties shall consult and cooperate to prepare, as
appropriate, in accordance with relevant regional implementation annexes,
subregional and/or regional action programmes to harmonize, complement and
increase the efficiency of national programmes. The provisions of article 10
shall apply mutatis mutandis to subregional and regional programmes. Such
cooperation may include agreed joint programmes for the sustainable management
of transboundary natural resources, scientific and technical cooperation, and
strengthening of relevant institutions.
Article 12
International cooperation
Affected country Parties, in collaboration with other Parties and the
international community, should cooperate to ensure the promotion of an
enabling international environment in the implementation of the Convention.
Such cooperation should also cover fields of technology transfer as well as
scientific research and development, information collection and dissemination
and financial resources.
Article 13
Support for the elaboration and
implementation of action programmes
1. Measures to support action programmes pursuant to article 9
include, inter alia:
(a) financial cooperation to provide predictability for action
programmes, allowing for necessary long-term planning;
(b) elaboration and use of cooperation mechanisms which better enable
support at the local level, including action through non-governmental
organizations, in order to promote the replicability of successful pilot
programme activities where relevant;
(c) increased flexibility in project design, funding and
implementation in keeping with the experimental, iterative approach indicated
for participatory action at the local community level; and
(d) as appropriate, administrative and budgetary procedures that
increase the efficiency of cooperation and of support programmes.
2. In providing such support to affected developing country Parties,
priority shall be given to African country Parties and to least developed
country Parties.
Article 14
Coordination in the elaboration and implementation
of action programmes
1. The Parties shall work closely together, directly and through
relevant intergovernmental organizations, in the elaboration and
implementation of action programmes.
2. The Parties shall develop operational mechanisms, particularly at
the national and field levels, to ensure the fullest possible coordination
among developed country Parties, developing country Parties and relevant
intergovernmental and non-governmental organizations, in order to avoid
duplication, harmonize interventions and approaches, and maximize the impact
of assistance. In affected developing country Parties, priority will be given
to coordinating activities related to international cooperation in order to
maximize the efficient use of resources, to ensure responsive assistance, and
to facilitate the implementation of national action programmes and priorities
under this Convention.
Article 15
Regional implementation annexes
Elements for incorporation in action programmes shall be selected and
adapted to the socio-economic, geographical and climatic factors applicable to
affected country Parties or regions, as well as to their level of development.
Guidelines for the preparation of action programmes and their exact focus and
content for particular subregions and regions are set out in the regional
implementation annexes.
Section 2: Scientific and technical cooperation
Article 16
Information collection, analysis and exchange
The Parties agree, according to their respective capabilities, to
integrate and coordinate the collection, analysis and exchange of relevant
short term and long term data and information to ensure systematic observation
of land degradation in affected areas and to understand better and assess the
processes and effects of drought and desertification. This would help
accomplish, inter alia, early warning and advance planning for periods of
adverse climatic variation in a form suited for practical application by users
at all levels, including especially local populations. To this end, they
shall, as appropriate:
(a) facilitate and strengthen the functioning of the global network of
institutions and facilities for the collection, analysis and exchange of
information, as well as for systematic observation at all levels, which shall,
inter alia:
(i) aim to use compatible standards and systems;
(ii) encompass relevant data and stations, including in
remote areas;
(iii) use and disseminate modern technology for data
collection, transmission and assessment on land degradation; and
(iv) link national, subregional and regional data and
information centres more closely with global information sources;
(b) ensure that the collection, analysis and exchange of information
address the needs of local communities and those of decision makers, with a
view to resolving specific problems, and that local communities are involved
in these activities;
(c) support and further develop bilateral and multilateral programmes
and projects aimed at defining, conducting, assessing and financing the
collection, analysis and exchange of data and information, including, inter
alia, integrated sets of physical, biological, social and economic indicators;
(d) make full use of the expertise of competent intergovernmental and
non-governmental organizations, particularly to disseminate relevant
information and experiences among target groups in different regions;
(e) give full weight to the collection, analysis and exchange of
socio-economic data, and their integration with physical and biological data;
(f) exchange and make fully, openly and promptly available information
from all publicly available sources relevant to combating desertification and
mitigating the effects of drought; and
(g) subject to their respective national legislation and/or policies,
exchange information on local and traditional knowledge, ensuring adequate
protection for it and providing appropriate return from the benefits derived
from it, on an equitable basis and on mutually agreed terms, to the local
populations concerned.
Article 17
Research and development
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, subregional, regional and international institutions. To this end,
they shall support research activities that:
(a) contribute to increased knowledge of the processes leading to
desertification and drought and the impact of, and distinction between, causal
factors, both natural and human, with a view to combating desertification and
mitigating the effects of drought, and achieving improved productivity as well
as sustainable use and management of resources;
(b) respond to well defined objectives, address the specific needs of
local populations and lead to the identification and implementation of
solutions that improve the living standards of people in affected areas;
(c) 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;
(d) develop and strengthen national, subregional and regional research
capabilities in affected developing country Parties, particularly in Africa,
including the development of local skills and the strengthening of appropriate
capacities, especially in countries with a weak research base, giving
particular attention to multidisciplinary and participative socio-economic
research;
(e) take into account, where relevant, the relationship between
poverty, migration caused by environmental factors, and desertification;
(f) promote the conduct of joint research programmes between national,
subregional, regional and international research organizations, in both the
public and private sectors, for the development of improved, affordable and
accessible technologies for sustainable development through effective
participation of local populations and communities; and
(g) enhance the availability of water resources in affected areas, by
means of, inter alia, cloud-seeding.
2. Research priorities for particular regions and subregions,
reflecting different local conditions, should be included in action
programmes. The Conference of the Parties shall review research priorities
periodically on the advice of the Committee on Science and Technology.
Article 18
Transfer, acquisition, adaptation and development of technology
1. 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 Parties shall, in particular:
(a) fully utilize relevant existing national, subregional, 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;
(b) facilitate access, in particular by affected developing country
Parties, on favourable terms, including on concessional and preferential
terms, as mutually agreed, taking into account the need to protect
intellectual property rights, to technologies most suitable to practical
application for specific needs of local populations, paying special attention
to the social, cultural, economic and environmental impact of such technology;
(c) facilitate technology cooperation among affected country Parties
through financial assistance or other appropriate means;
(d) extend technology cooperation with affected developing country
Parties, including, where relevant, joint ventures, especially to sectors
which foster alternative livelihoods; and
(e) take appropriate measures to create domestic market conditions and
incentives, fiscal or otherwise, conducive to the development, transfer,
acquisition and adaptation of suitable technology, knowledge, know-how and
practices, including measures to ensure adequate and effective protection of
intellectual property rights.
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:
(a) 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;
(b) 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;
(c) 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
(d) facilitate, as appropriate, the adaptation of such technology,
knowledge, know-how and practices to wide use and integrate them with modern
technology, as appropriate.
Section 3: Supporting measures
Article 19
Capacity building, education and public awareness
1. The Parties recognize 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. They shall promote, as appropriate,
capacity-building:
(a) through the full participation at all levels of local people,
particularly at the local level, especially women and youth, with the
cooperation of non-governmental and local organizations;
(b) by strengthening training and research capacity at the national
level in the field of desertification and drought;
(c) by establishing and/or strengthening support and extension
services to disseminate relevant technology methods and techniques more
effectively, and by training field agents and members of rural organizations
in participatory approaches for the conservation and sustainable use of
natural resources;
(d) by fostering the use and dissemination of the knowledge, know-how
and practices of local people in technical cooperation programmes, wherever
possible;
(e) by adapting, where necessary, relevant environmentally sound
technology and traditional methods of agriculture and pastoralism to modern
socio-economic conditions;
(f) by 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;
(g) through cooperation, as mutually agreed, to strengthen the
capacity of affected developing country Parties to develop and implement
programmes in the field of collection, analysis and exchange of information
pursuant to article 16;
(h) through innovative ways of promoting alternative livelihoods,
including training in new skills;
(i) by training of decision makers, managers, and personnel who are
responsible for the collection and analysis of data for the dissemination and
use of early warning information on drought conditions and for food
production;
(j) through more effective operation of existing national institutions
and legal frameworks and, where necessary, creation of new ones, along with
strengthening of strategic planning and management; and
(k) by means of exchange visitor programmes to enhance capacity
building in affected country Parties through a long-term, interactive process
of learning and study.
2. Affected developing country Parties shall conduct, in cooperation
with other Parties and competent intergovernmental and non-governmental
organizations, as appropriate, an interdisciplinary review of available
capacity and facilities at the local and national levels, and the potential
for strengthening them.
3. 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. To that
end, they shall:
(a) organize awareness campaigns for the general public;
(b) promote, on a permanent basis, access by the public to relevant
information, and wide public participation in education and awareness
activities;
(c) encourage the establishment of associations that contribute to
public awareness;
(d) develop and exchange educational and public awareness material,
where possible in local languages, exchange and second experts to train
personnel of affected developing country Parties in carrying out relevant
education and awareness programmes, and fully utilize relevant educational
material available in competent international bodies;
(e) assess educational needs in affected areas, elaborate appropriate
school curricula and expand, as needed, educational and adult literacy
programmes and opportunities for all, in particular for girls and women, on
the identification, conservation and sustainable use and management of the
natural resources of affected areas; and
(f) develop interdisciplinary participatory programmes integrating
desertification and drought awareness into educational systems and in non-
formal, adult, distance and practical educational programmes.
4. The Conference of the Parties shall establish and/or strengthen
networks of regional education and training centres to combat desertification
and mitigate the effects of drought. These networks shall be coordinated by
an institution created or designated for that purpose, in order to train
scientific, technical and management personnel and to strengthen existing
institutions responsible for education and training in affected country
Parties, where appropriate, with a view to harmonizing programmes and to
organizing exchanges of experience among them. These networks shall cooperate
closely with relevant intergovernmental and non-governmental organizations to
avoid duplication of effort.
Article 20
Financial resources
1. Given the central importance of financing to the achievement of
the objective of the Convention, the Parties, taking into account their
capabilities, shall make every effort to ensure that adequate financial
resources are available for programmes to combat desertification and mitigate
the effects of drought.
2. In this connection, developed country Parties, while giving
priority to affected African country Parties without neglecting affected
developing country Parties in other regions, in accordance with article 7,
undertake to:
(a) mobilize substantial financial resources, including grants and
concessional loans, in order to support the implementation of programmes to
combat desertification and mitigate the effects of drought;
(b) promote the mobilization of adequate, timely and predictable
financial resources, including new and additional funding from the Global
Environment Facility of the agreed incremental costs of those activities
concerning desertification that relate to its four focal areas, in conformity
with the relevant provisions of the Instrument establishing the Global
Environment Facility;
(c) facilitate through international cooperation the transfer of
technology, knowledge and know-how; and
(d) explore, in cooperation with affected developing country Parties,
innovative methods and incentives for mobilizing and channelling resources,
including those of foundations, non-governmental organizations and other
private sector entities, particularly debt swaps and other innovative means
which increase financing by reducing the external debt burden of affected
developing country Parties, particularly those in Africa.
3. Affected developing country Parties, taking into account their
capabilities, undertake to mobilize adequate financial resources for the
implementation of their national action programmes.
4. In mobilizing financial resources, the Parties shall seek full use
and continued qualitative improvement of all national, bilateral and
multilateral funding sources and mechanisms, using consortia, joint programmes
and parallel financing, and shall seek to involve private sector funding
sources and mechanisms, including those of non-governmental organizations. To
this end, the Parties shall fully utilize the operational mechanisms developed
pursuant to article 14.
5. In order to mobilize the financial resources necessary for
affected developing country Parties to combat desertification and mitigate the
effects of drought, the Parties shall:
(a) rationalize and strengthen the management of resources already
allocated for combating desertification and mitigating the effects of drought
by using them more effectively and efficiently, assessing their successes and
shortcomings, removing hindrances to their effective use and, where necessary,
reorienting programmes in light of the integrated long-term approach adopted
pursuant to this Convention;
(b) give due priority and attention within the governing bodies of
multilateral financial institutions, facilities and funds, including regional
development banks and funds, to supporting affected developing country
Parties, particularly those in Africa, in activities which advance
implementation of the Convention, notably action programmes they undertake in
the framework of regional implementation annexes; and
(c) examine ways in which regional and subregional cooperation can be
strengthened to support efforts undertaken at the national level.
6. Other Parties are encouraged to provide, on a voluntary basis,
knowledge, know-how and techniques related to desertification and/or financial
resources to affected developing country Parties.
7. The full implementation by affected developing country Parties,
particularly those in Africa, of their obligations under the Convention will
be greatly assisted by the fulfilment by developed country Parties of their
obligations under the Convention, including in particular those regarding
financial resources and transfer of technology. In fulfilling their
obligations, developed country Parties should take fully into account that
economic and social development and poverty eradication are the first
priorities of affected developing country Parties, particularly those in
Africa.
Article 21
Financial mechanisms
1. The Conference of the Parties shall promote the availability of
financial mechanisms and shall encourage such mechanisms to seek to maximize
the availability of funding for affected developing country Parties,
particularly those in Africa, to implement the Convention. To this end, the
Conference of the Parties shall consider for adoption inter alia approaches
and policies that:
(a) facilitate the provision of necessary funding at the national,
subregional, regional and global levels for activities pursuant to relevant
provisions of the Convention;
(b) promote multiple-source funding approaches, mechanisms and
arrangements and their assessment, consistent with article 20;
(c) provide on a regular basis, to interested Parties and relevant
intergovernmental and non-governmental organizations, information on available
sources of funds and on funding patterns in order to facilitate coordination
among them;
(d) facilitate the establishment, as appropriate, of mechanisms, such
as national desertification funds, including those involving the participation
of non-governmental organizations, to channel financial resources rapidly and
efficiently to the local level in affected developing country Parties; and
(e) strengthen existing funds and financial mechanisms at the
subregional and regional levels, particularly in Africa, to support more
effectively the implementation of the Convention.
2. The Conference of the Parties shall also encourage the provision,
through various mechanisms within the United Nations system and through
multilateral financial institutions, of support at the national, subregional
and regional levels to activities that enable developing country Parties to
meet their obligations under the Convention.
3. Affected developing country Parties shall utilize, and where
necessary, establish and/or strengthen, national coordinating mechanisms,
integrated in national development programmes, that would ensure the efficient
use of all available financial resources. They shall also utilize
participatory processes involving non-governmental organizations, local groups
and the private sector, in raising funds, in elaborating as well as
implementing programmes and in assuring access to funding by groups at the
local level. These actions can be enhanced by improved coordination and
flexible programming on the part of those providing assistance.
4. In order to increase the effectiveness and efficiency of existing
financial mechanisms, a Global Mechanism to promote actions leading to the
mobilization and channelling of substantial financial resources, including for
the transfer of technology, on a grant basis, and/or on concessional or other
terms, to affected developing country Parties, is hereby established. This
Global Mechanism shall function under the authority and guidance of the
Conference of the Parties and be accountable to it.
5. The Conference of the Parties shall identify, at its first
ordinary session, an organization to house the Global Mechanism. The
Conference of the Parties and the organization it has identified shall agree
upon modalities for this Global Mechanism to ensure inter alia that such
Mechanism:
(a) identifies and draws up an inventory of relevant bilateral and
multilateral cooperation programmes that are available to implement the
Convention;
(b) provides advice, on request, to Parties on innovative methods of
financing and sources of financial assistance and on improving the
coordination of cooperation activities at the national level;
(c) provides interested Parties and relevant intergovernmental and
non-governmental organizations with information on available sources of funds
and on funding patterns in order to facilitate coordination among them; and
(d) reports
ELABORATION OF AN INTERNATIONAL CONVENTION TO COMBAT DESERTIFICATION
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GENERAL
A/AC.241/27
12 September 1994
ENGLISH
Original: ENGLISH
INTERGOVERNMENTAL NEGOTIATING COMMITTEE FOR
THE ELABORATION OF AN INTERNATIONAL CONVENTION
TO COMBAT DESERTIFICATION IN THOSE COUNTRIES
EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
ELABORATION OF AN INTERNATIONAL CONVENTION TO COMBAT DESERTIFICATION
IN COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR DESERTIFICATION,
PARTICULARLY IN AFRICA
Final text of the Convention
Note by the Secretariat
Attached is the final text of the United Nations Convention to Combat
Desertification in Those Countries Experiencing Serious Drought and/or
Desertification, Particularly in Africa, following completion of the
verification processes as requested by the INCD upon adoption of the
Convention at its fifth session, on 17 June 1994.
The final text has been forwarded to the Office of Legal Affairs of the
United Nations, which acts as Depositary, in order to prepare for the signing
ceremony to be held in Paris, on 14-15 October 1994.
UNITED NATIONS CONVENTION TO COMBAT DESERTIFICATION
IN THOSE COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
The Parties to this Convention,
Affirming that human beings in affected or threatened areas are at the
centre of concerns to combat desertification and mitigate the effects of
drought,
Reflecting the urgent concern of the international community, including
States and international organizations, about the adverse impacts of
desertification and drought,
Aware that arid, semi-arid and dry sub-humid areas together account for
a significant proportion of the Earth's land area and are the habitat and
source of livelihood for a large segment of its population,
Acknowledging that desertification and drought are problems of global
dimension in that they affect all regions of the world and that joint action
of the international community is needed to combat desertification and/or
mitigate the effects of drought,
Noting the high concentration of developing countries, notably the least
developed countries, among those experiencing serious drought and/or
desertification, and the particularly tragic consequences of these phenomena
in Africa,
Noting also that desertification is caused by complex interactions among
physical, biological, political, social, cultural and economic factors,
Considering the impact of trade and relevant aspects of international
economic relations on the ability of affected countries to combat
desertification adequately,
Conscious that sustainable economic growth, social development and
poverty eradication are priorities of affected developing countries,
particularly in Africa, and are essential to meeting sustainability
objectives,
Mindful that desertification and drought affect sustainable development
through their interrelationships with important social problems such as
poverty, poor health and nutrition, lack of food security, and those arising
from migration, displacement of persons and demographic dynamics,
Appreciating the significance of the past efforts and experience of
States and international organizations in combating desertification and
mitigating the effects of drought, particularly in implementing the Plan of
Action to Combat Desertification which was adopted at the United Nations
Conference on Desertification in 1977,
Realizing that, despite efforts in the past, progress in combating
desertification and mitigating the effects of drought has not met expectations
and that a new and more effective approach is needed at all levels within the
framework of sustainable development,
Recognizing the validity and relevance of decisions adopted at the
United Nations Conference on Environment and Development, particularly of
Agenda 21 and its chapter 12, which provide a basis for combating
desertification,
Reaffirming in this light the commitments of developed countries as
contained in paragraph 13 of chapter 33 of Agenda 21,
Recalling General Assembly resolution 47/188, particularly the priority
in it prescribed for Africa, and all other relevant United Nations
resolutions, decisions and programmes on desertification and drought, as well
as relevant declarations by African countries and those from other regions,
Reaffirming the Rio Declaration on Environment and Development which
states, in its Principle 2, that States have, in accordance with the Charter
of the United Nations and the principles of international law, the sovereign
right to exploit their own resources pursuant to their own environmental and
developmental policies, and the responsibility to ensure that activities
within their jurisdiction or control do not cause damage to the environment of
other States or of areas beyond the limits of national jurisdiction,
Recognizing that national Governments play a critical role in combating
desertification and mitigating the effects of drought and that progress in
that respect depends on local implementation of action programmes in affected
areas,
Recognizing also the importance and necessity of international
cooperation and partnership in combating desertification and mitigating the
effects of drought,
Recognizing further the importance of the provision to affected
developing countries, particularly in Africa, of effective means, inter alia
substantial financial resources, including new and additional funding, and
access to technology, without which it will be difficult for them to implement
fully their commitments under this Convention,
Expressing concern over the impact of desertification and drought on
affected countries in Central Asia and the Transcaucasus,
Stressing the important role played by women in regions affected by
desertification and/or drought, particularly in rural areas of developing
countries, and the importance of ensuring the full participation of both men
and women at all levels in programmes to combat desertification and mitigate
the effects of drought,
Emphasizing the special role of non-governmental organizations and other
major groups in programmes to combat desertification and mitigate the effects
of drought,
Bearing in mind the relationship between desertification and other
environmental problems of global dimension facing the international and
national communities,
Bearing also in mind the contribution that combating desertification can
make to achieving the objectives of the United Nations Framework Convention on
Climate Change, the Convention on Biological Diversity and other related
environmental conventions,
Believing that strategies to combat desertification and mitigate the
effects of drought will be most effective if they are based on sound
systematic observation and rigorous scientific knowledge and if they are
continuously re-evaluated,
Recognizing the urgent need to improve the effectiveness and
coordination of international cooperation to facilitate the implementation of
national plans and priorities,
Determined to take appropriate action in combating desertification and
mitigating the effects of drought for the benefit of present and future
generations,
Have agreed as follows:
PART I
INTRODUCTION
Article 1
Use of terms
For the purposes of this Convention:
(a) "desertification" means land degradation in arid, semi-arid and
dry sub-humid areas resulting from various factors, including climatic
variations and human activities;
(b) "combating desertification" includes activities which are part of
the integrated development of land in arid, semi-arid and dry sub-humid areas
for sustainable development which are aimed at:
(i) prevention and/or reduction of land degradation;
(ii) rehabilitation of partly degraded land; and
(iii) reclamation of desertified land;
(c) "drought" means the naturally occurring phenomenon that exists
when precipitation has been significantly below normal recorded levels,
causing serious hydrological imbalances that adversely affect land resource
production systems;
(d) "mitigating the effects of drought" means activities related to
the prediction of drought and intended to reduce the vulnerability of society
and natural systems to drought as it relates to combating desertification;
(e) "land" means the terrestrial bio-productive system that comprises
soil, vegetation, other biota, and the ecological and hydrological processes
that operate within the system;
(f) "land degradation" means reduction or loss, in arid, semi-arid and
dry sub-humid areas, of the biological or economic productivity and complexity
of rainfed cropland, irrigated cropland, or range, pasture, forest and
woodlands resulting from land uses or from a process or combination of
processes, including processes arising from human activities and habitation
patterns, such as:
(i) soil erosion caused by wind and/or water;
(ii) deterioration of the physical, chemical and biological
or economic properties of soil; and
(iii) long-term loss of natural vegetation;
(g) "arid, semi-arid and dry sub-humid areas" means areas, other than
polar and sub-polar regions, in which the ratio of annual precipitation to
potential evapotranspiration falls within the range from 0.05 to 0.65;
(h) "affected areas" means arid, semi-arid and/or dry sub-humid areas
affected or threatened by desertification;
(i) "affected countries" means countries whose lands include, in whole
or in part, affected areas;
(j) "regional economic integration organization" means an organization
constituted by sovereign States of a given region which has competence in
respect of matters governed by this Convention and has been duly authorized,
in accordance with its internal procedures, to sign, ratify, accept, approve
or accede to this Convention;
(k) "developed country Parties" means developed country Parties and
regional economic integration organizations constituted by developed
countries.
Article 2
Objective
1. The objective of this Convention is to combat desertification and
mitigate the effects of drought in countries experiencing serious drought
and/or desertification, particularly in Africa, through effective action at
all levels, supported by international cooperation and partnership
arrangements, in the framework of an integrated approach which is consistent
with Agenda 21, with a view to contributing to the achievement of sustainable
development in affected areas.
2. Achieving this objective will involve long-term integrated
strategies that focus simultaneously, in affected areas, on improved
productivity of land, and the rehabilitation, conservation and sustainable
management of land and water resources, leading to improved living conditions,
in particular at the community level.
Article 3
Principles
In order to achieve the objective of this Convention and to implement
its provisions, the Parties shall be guided, inter alia, by the following:
(a) the Parties should ensure that decisions on the design and
implementation of programmes to combat desertification and/or mitigate the
effects of drought are taken with the participation of populations and local
communities and that an enabling environment is created at higher levels to
facilitate action at national and local levels;
(b) the Parties should, in a spirit of international solidarity and
partnership, improve cooperation and coordination at subregional, regional and
international levels, and better focus financial, human, organizational and
technical resources where they are needed;
(c) the Parties should develop, in a spirit of partnership,
cooperation among all levels of government, communities, non-governmental
organizations and landholders to establish a better understanding of the
nature and value of land and scarce water resources in affected areas and to
work towards their sustainable use; and
(d) the Parties should take into full consideration the special needs
and circumstances of affected developing country Parties, particularly the
least developed among them.
PART II
GENERAL PROVISIONS
Article 4
General obligations
1. The Parties shall implement their obligations under this
Convention, individually or jointly, either through existing or prospective
bilateral and multilateral arrangements or a combination thereof, as
appropriate, emphasizing the need to coordinate efforts and develop a coherent
long-term strategy at all levels.
2. In pursuing the objective of this Convention, the Parties shall:
(a) adopt an integrated approach addressing the physical, biological
and socio-economic aspects of the processes of desertification and drought;
(b) give due attention, within the relevant international and regional
bodies, to the situation of affected developing country Parties with regard to
international trade, marketing arrangements and debt with a view to
establishing an enabling international economic environment conducive to the
promotion of sustainable development;
(c) integrate strategies for poverty eradication into efforts to
combat desertification and mitigate the effects of drought;
(d) promote cooperation among affected country Parties in the fields
of environmental protection and the conservation of land and water resources,
as they relate to desertification and drought;
(e) strengthen subregional, regional and international cooperation;
(f) cooperate within relevant intergovernmental organizations;
(g) determine institutional mechanisms, if appropriate, keeping in
mind the need to avoid duplication; and
(h) promote the use of existing bilateral and multilateral financial
mechanisms and arrangements that mobilize and channel substantial financial
resources to affected developing country Parties in combating desertification
and mitigating the effects of drought.
3. Affected developing country Parties are eligible for assistance in
the implementation of the Convention.
Article 5
Obligations of affected country Parties
In addition to their obligations pursuant to article 4, affected country
Parties undertake to:
(a) give due priority to combating desertification and mitigating the
effects of drought, and allocate adequate resources in accordance with their
circumstances and capabilities;
(b) establish strategies and priorities, within the framework of
sustainable development plans and/or policies, to combat desertification and
mitigate the effects of drought;
(c) address the underlying causes of desertification and pay special
attention to the socio-economic factors contributing to desertification
processes;
(d) promote awareness and facilitate the participation of local
populations, particularly women and youth, with the support of non-
governmental organizations, in efforts to combat desertification and mitigate
the effects of drought; and
(e) 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.
Article 6
Obligations of developed country Parties
In addition to their general obligations pursuant to article 4,
developed country Parties undertake to:
(a) actively support, as agreed, individually or jointly, the efforts
of affected developing country Parties, particularly those in Africa, and the
least developed countries, to combat desertification and mitigate the effects
of drought;
(b) provide substantial financial resources and other forms of support
to assist affected developing country Parties, particularly those in Africa,
effectively to develop and implement their own long-term plans and strategies
to combat desertification and mitigate the effects of drought;
(c) promote the mobilization of new and additional funding pursuant to
article 20, paragraph 2 (b);
(d) encourage the mobilization of funding from the private sector and
other non-governmental sources; and
(e) promote and facilitate access by affected country Parties,
particularly affected developing country Parties, to appropriate technology,
knowledge and know-how.
Article 7
Priority for Africa
In implementing this Convention, the Parties shall give priority to
affected African country Parties, in the light of the particular situation
prevailing in that region, while not neglecting affected developing country
Parties in other regions.
Article 8
Relationship with other conventions
1. The Parties shall encourage the coordination of activities carried
out under this Convention and, if they are Parties to them, under other
relevant international agreements, particularly the United Nations Framework
Convention on Climate Change and the Convention on Biological Diversity, in
order to derive maximum benefit from activities under each agreement while
avoiding duplication of effort. The Parties shall encourage the conduct of
joint programmes, particularly in the fields of research, training, systematic
observation and information collection and exchange, to the extent that such
activities may contribute to achieving the objectives of the agreements
concerned.
2. The provisions of this Convention shall not affect the rights and
obligations of any Party deriving from a bilateral, regional or international
agreement into which it has entered prior to the entry into force of this
Convention for it.
PART III
ACTION PROGRAMMES, SCIENTIFIC AND TECHNICAL COOPERATION
AND SUPPORTING MEASURES
Section 1: Action programmes
Article 9
Basic approach
1. In carrying out their obligations pursuant to article 5, affected
developing country Parties and any other affected country Party in the
framework of its regional implementation annex or, otherwise, that has
notified the Permanent Secretariat in writing of its intention to prepare a
national action programme, shall, as appropriate, prepare, make public and
implement national action programmes, utilizing and building, to the extent
possible, on existing relevant successful plans and programmes, and
subregional and regional action programmes, as the central element of the
strategy to combat desertification and mitigate the effects of drought. Such
programmes shall be updated through a continuing participatory process on the
basis of lessons from field action, as well as the results of research. The
preparation of national action programmes shall be closely interlinked with
other efforts to formulate national policies for sustainable development.
2. In the provision by developed country Parties of different forms
of assistance under the terms of article 6, priority shall be given to
supporting, as agreed, national, subregional and regional action programmes of
affected developing country Parties, particularly those in Africa, either
directly or through relevant multilateral organizations or both.
3. The Parties shall encourage organs, funds and programmes of the
United Nations system and other relevant intergovernmental organizations,
academic institutions, the scientific community and non-governmental
organizations in a position to cooperate, in accordance with their mandates
and capabilities, to support the elaboration, implementation and follow-up of
action programmes.
Article 10
National action programmes
1. The purpose of national action programmes is to identify the
factors contributing to desertification and practical measures necessary to
combat desertification and mitigate the effects of drought.
2. National action programmes shall specify the respective roles of
government, local communities and land users and the resources available and
needed. They shall, inter alia:
(a) incorporate long-term strategies to combat desertification and
mitigate the effects of drought, emphasize implementation and be integrated
with national policies for sustainable development;
(b) allow for modifications to be made in response to changing
circumstances and be sufficiently flexible at the local level to cope with
different socio-economic, biological and geo-physical conditions;
(c) give particular attention to the implementation of preventive
measures for lands that are not yet degraded or which are only slightly
degraded;
(d) enhance national climatological, meteorological and hydrological
capabilities and the means to provide for drought early warning;
(e) promote policies and strengthen institutional frameworks which
develop cooperation and coordination, in a spirit of partnership, between the
donor community, governments at all levels, local populations and community
groups, and facilitate access by local populations to appropriate information
and technology;
(f) provide for effective participation at the local, national and
regional levels of non-governmental organizations and local populations, both
women and men, particularly resource users, including farmers and pastoralists
and their representative organizations, in policy planning, decision-making,
and implementation and review of national action programmes; and
(g) require regular review of, and progress reports on, their
implementation.
3. National action programmes may include, inter alia, some or all of
the following measures to prepare for and mitigate the effects of drought:
(a) establishment and/or strengthening, as appropriate, of early
warning systems, including local and national facilities and joint systems at
the subregional and regional levels, and mechanisms for assisting
environmentally displaced persons;
(b) strengthening of drought preparedness and management, including
drought contingency plans at the local, national, subregional and regional
levels, which take into consideration seasonal to interannual climate
predictions;
(c) establishment and/or strengthening, as appropriate, of food
security systems, including storage and marketing facilities, particularly in
rural areas;
(d) establishment of alternative livelihood projects that could
provide incomes in drought prone areas; and
(e) development of sustainable irrigation programmes for both crops
and livestock.
4. Taking into account the circumstances and requirements specific to
each affected country Party, national action programmes include, as
appropriate, inter alia, measures in some or all of the following priority
fields as they relate to combating desertification and mitigating the effects
of drought in affected areas and to their populations: promotion of
alternative livelihoods and improvement of national economic environments with
a view to strengthening programmes aimed at the eradication of poverty and at
ensuring food security; demographic dynamics; sustainable management of
natural resources; sustainable agricultural practices; development and
efficient use of various energy sources; institutional and legal frameworks;
strengthening of capabilities for assessment and systematic observation,
including hydrological and meteorological services, and capacity building,
education and public awareness.
Article 11
Subregional and regional action programmes
Affected country Parties shall consult and cooperate to prepare, as
appropriate, in accordance with relevant regional implementation annexes,
subregional and/or regional action programmes to harmonize, complement and
increase the efficiency of national programmes. The provisions of article 10
shall apply mutatis mutandis to subregional and regional programmes. Such
cooperation may include agreed joint programmes for the sustainable management
of transboundary natural resources, scientific and technical cooperation, and
strengthening of relevant institutions.
Article 12
International cooperation
Affected country Parties, in collaboration with other Parties and the
international community, should cooperate to ensure the promotion of an
enabling international environment in the implementation of the Convention.
Such cooperation should also cover fields of technology transfer as well as
scientific research and development, information collection and dissemination
and financial resources.
Article 13
Support for the elaboration and
implementation of action programmes
1. Measures to support action programmes pursuant to article 9
include, inter alia:
(a) financial cooperation to provide predictability for action
programmes, allowing for necessary long-term planning;
(b) elaboration and use of cooperation mechanisms which better enable
support at the local level, including action through non-governmental
organizations, in order to promote the replicability of successful pilot
programme activities where relevant;
(c) increased flexibility in project design, funding and
implementation in keeping with the experimental, iterative approach indicated
for participatory action at the local community level; and
(d) as appropriate, administrative and budgetary procedures that
increase the efficiency of cooperation and of support programmes.
2. In providing such support to affected developing country Parties,
priority shall be given to African country Parties and to least developed
country Parties.
Article 14
Coordination in the elaboration and implementation
of action programmes
1. The Parties shall work closely together, directly and through
relevant intergovernmental organizations, in the elaboration and
implementation of action programmes.
2. The Parties shall develop operational mechanisms, particularly at
the national and field levels, to ensure the fullest possible coordination
among developed country Parties, developing country Parties and relevant
intergovernmental and non-governmental organizations, in order to avoid
duplication, harmonize interventions and approaches, and maximize the impact
of assistance. In affected developing country Parties, priority will be given
to coordinating activities related to international cooperation in order to
maximize the efficient use of resources, to ensure responsive assistance, and
to facilitate the implementation of national action programmes and priorities
under this Convention.
Article 15
Regional implementation annexes
Elements for incorporation in action programmes shall be selected and
adapted to the socio-economic, geographical and climatic factors applicable to
affected country Parties or regions, as well as to their level of development.
Guidelines for the preparation of action programmes and their exact focus and
content for particular subregions and regions are set out in the regional
implementation annexes.
Section 2: Scientific and technical cooperation
Article 16
Information collection, analysis and exchange
The Parties agree, according to their respective capabilities, to
integrate and coordinate the collection, analysis and exchange of relevant
short term and long term data and information to ensure systematic observation
of land degradation in affected areas and to understand better and assess the
processes and effects of drought and desertification. This would help
accomplish, inter alia, early warning and advance planning for periods of
adverse climatic variation in a form suited for practical application by users
at all levels, including especially local populations. To this end, they
shall, as appropriate:
(a) facilitate and strengthen the functioning of the global network of
institutions and facilities for the collection, analysis and exchange of
information, as well as for systematic observation at all levels, which shall,
inter alia:
(i) aim to use compatible standards and systems;
(ii) encompass relevant data and stations, including in
remote areas;
(iii) use and disseminate modern technology for data
collection, transmission and assessment on land degradation; and
(iv) link national, subregional and regional data and
information centres more closely with global information sources;
(b) ensure that the collection, analysis and exchange of information
address the needs of local communities and those of decision makers, with a
view to resolving specific problems, and that local communities are involved
in these activities;
(c) support and further develop bilateral and multilateral programmes
and projects aimed at defining, conducting, assessing and financing the
collection, analysis and exchange of data and information, including, inter
alia, integrated sets of physical, biological, social and economic indicators;
(d) make full use of the expertise of competent intergovernmental and
non-governmental organizations, particularly to disseminate relevant
information and experiences among target groups in different regions;
(e) give full weight to the collection, analysis and exchange of
socio-economic data, and their integration with physical and biological data;
(f) exchange and make fully, openly and promptly available information
from all publicly available sources relevant to combating desertification and
mitigating the effects of drought; and
(g) subject to their respective national legislation and/or policies,
exchange information on local and traditional knowledge, ensuring adequate
protection for it and providing appropriate return from the benefits derived
from it, on an equitable basis and on mutually agreed terms, to the local
populations concerned.
Article 17
Research and development
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, subregional, regional and international institutions. To this end,
they shall support research activities that:
(a) contribute to increased knowledge of the processes leading to
desertification and drought and the impact of, and distinction between, causal
factors, both natural and human, with a view to combating desertification and
mitigating the effects of drought, and achieving improved productivity as well
as sustainable use and management of resources;
(b) respond to well defined objectives, address the specific needs of
local populations and lead to the identification and implementation of
solutions that improve the living standards of people in affected areas;
(c) 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;
(d) develop and strengthen national, subregional and regional research
capabilities in affected developing country Parties, particularly in Africa,
including the development of local skills and the strengthening of appropriate
capacities, especially in countries with a weak research base, giving
particular attention to multidisciplinary and participative socio-economic
research;
(e) take into account, where relevant, the relationship between
poverty, migration caused by environmental factors, and desertification;
(f) promote the conduct of joint research programmes between national,
subregional, regional and international research organizations, in both the
public and private sectors, for the development of improved, affordable and
accessible technologies for sustainable development through effective
participation of local populations and communities; and
(g) enhance the availability of water resources in affected areas, by
means of, inter alia, cloud-seeding.
2. Research priorities for particular regions and subregions,
reflecting different local conditions, should be included in action
programmes. The Conference of the Parties shall review research priorities
periodically on the advice of the Committee on Science and Technology.
Article 18
Transfer, acquisition, adaptation and development of technology
1. 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 Parties shall, in particular:
(a) fully utilize relevant existing national, subregional, 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;
(b) facilitate access, in particular by affected developing country
Parties, on favourable terms, including on concessional and preferential
terms, as mutually agreed, taking into account the need to protect
intellectual property rights, to technologies most suitable to practical
application for specific needs of local populations, paying special attention
to the social, cultural, economic and environmental impact of such technology;
(c) facilitate technology cooperation among affected country Parties
through financial assistance or other appropriate means;
(d) extend technology cooperation with affected developing country
Parties, including, where relevant, joint ventures, especially to sectors
which foster alternative livelihoods; and
(e) take appropriate measures to create domestic market conditions and
incentives, fiscal or otherwise, conducive to the development, transfer,
acquisition and adaptation of suitable technology, knowledge, know-how and
practices, including measures to ensure adequate and effective protection of
intellectual property rights.
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:
(a) 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;
(b) 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;
(c) 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
(d) facilitate, as appropriate, the adaptation of such technology,
knowledge, know-how and practices to wide use and integrate them with modern
technology, as appropriate.
Section 3: Supporting measures
Article 19
Capacity building, education and public awareness
1. The Parties recognize 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. They shall promote, as appropriate,
capacity-building:
(a) through the full participation at all levels of local people,
particularly at the local level, especially women and youth, with the
cooperation of non-governmental and local organizations;
(b) by strengthening training and research capacity at the national
level in the field of desertification and drought;
(c) by establishing and/or strengthening support and extension
services to disseminate relevant technology methods and techniques more
effectively, and by training field agents and members of rural organizations
in participatory approaches for the conservation and sustainable use of
natural resources;
(d) by fostering the use and dissemination of the knowledge, know-how
and practices of local people in technical cooperation programmes, wherever
possible;
(e) by adapting, where necessary, relevant environmentally sound
technology and traditional methods of agriculture and pastoralism to modern
socio-economic conditions;
(f) by 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;
(g) through cooperation, as mutually agreed, to strengthen the
capacity of affected developing country Parties to develop and implement
programmes in the field of collection, analysis and exchange of information
pursuant to article 16;
(h) through innovative ways of promoting alternative livelihoods,
including training in new skills;
(i) by training of decision makers, managers, and personnel who are
responsible for the collection and analysis of data for the dissemination and
use of early warning information on drought conditions and for food
production;
(j) through more effective operation of existing national institutions
and legal frameworks and, where necessary, creation of new ones, along with
strengthening of strategic planning and management; and
(k) by means of exchange visitor programmes to enhance capacity
building in affected country Parties through a long-term, interactive process
of learning and study.
2. Affected developing country Parties shall conduct, in cooperation
with other Parties and competent intergovernmental and non-governmental
organizations, as appropriate, an interdisciplinary review of available
capacity and facilities at the local and national levels, and the potential
for strengthening them.
3. 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. To that
end, they shall:
(a) organize awareness campaigns for the general public;
(b) promote, on a permanent basis, access by the public to relevant
information, and wide public participation in education and awareness
activities;
(c) encourage the establishment of associations that contribute to
public awareness;
(d) develop and exchange educational and public awareness material,
where possible in local languages, exchange and second experts to train
personnel of affected developing country Parties in carrying out relevant
education and awareness programmes, and fully utilize relevant educational
material available in competent international bodies;
(e) assess educational needs in affected areas, elaborate appropriate
school curricula and expand, as needed, educational and adult literacy
programmes and opportunities for all, in particular for girls and women, on
the identification, conservation and sustainable use and management of the
natural resources of affected areas; and
(f) develop interdisciplinary participatory programmes integrating
desertification and drought awareness into educational systems and in non-
formal, adult, distance and practical educational programmes.
4. The Conference of the Parties shall establish and/or strengthen
networks of regional education and training centres to combat desertification
and mitigate the effects of drought. These networks shall be coordinated by
an institution created or designated for that purpose, in order to train
scientific, technical and management personnel and to strengthen existing
institutions responsible for education and training in affected country
Parties, where appropriate, with a view to harmonizing programmes and to
organizing exchanges of experience among them. These networks shall cooperate
closely with relevant intergovernmental and non-governmental organizations to
avoid duplication of effort.
Article 20
Financial resources
1. Given the central importance of financing to the achievement of
the objective of the Convention, the Parties, taking into account their
capabilities, shall make every effort to ensure that adequate financial
resources are available for programmes to combat desertification and mitigate
the effects of drought.
2. In this connection, developed country Parties, while giving
priority to affected African country Parties without neglecting affected
developing country Parties in other regions, in accordance with article 7,
undertake to:
(a) mobilize substantial financial resources, including grants and
concessional loans, in order to support the implementation of programmes to
combat desertification and mitigate the effects of drought;
(b) promote the mobilization of adequate, timely and predictable
financial resources, including new and additional funding from the Global
Environment Facility of the agreed incremental costs of those activities
concerning desertification that relate to its four focal areas, in conformity
with the relevant provisions of the Instrument establishing the Global
Environment Facility;
(c) facilitate through international cooperation the transfer of
technology, knowledge and know-how; and
(d) explore, in cooperation with affected developing country Parties,
innovative methods and incentives for mobilizing and channelling resources,
including those of foundations, non-governmental organizations and other
private sector entities, particularly debt swaps and other innovative means
which increase financing by reducing the external debt burden of affected
developing country Parties, particularly those in Africa.
3. Affected developing country Parties, taking into account their
capabilities, undertake to mobilize adequate financial resources for the
implementation of their national action programmes.
4. In mobilizing financial resources, the Parties shall seek full use
and continued qualitative improvement of all national, bilateral and
multilateral funding sources and mechanisms, using consortia, joint programmes
and parallel financing, and shall seek to involve private sector funding
sources and mechanisms, including those of non-governmental organizations. To
this end, the Parties shall fully utilize the operational mechanisms developed
pursuant to article 14.
5. In order to mobilize the financial resources necessary for
affected developing country Parties to combat desertification and mitigate the
effects of drought, the Parties shall:
(a) rationalize and strengthen the management of resources already
allocated for combating desertification and mitigating the effects of drought
by using them more effectively and efficiently, assessing their successes and
shortcomings, removing hindrances to their effective use and, where necessary,
reorienting programmes in light of the integrated long-term approach adopted
pursuant to this Convention;
(b) give due priority and attention within the governing bodies of
multilateral financial institutions, facilities and funds, including regional
development banks and funds, to supporting affected developing country
Parties, particularly those in Africa, in activities which advance
implementation of the Convention, notably action programmes they undertake in
the framework of regional implementation annexes; and
(c) examine ways in which regional and subregional cooperation can be
strengthened to support efforts undertaken at the national level.
6. Other Parties are encouraged to provide, on a voluntary basis,
knowledge, know-how and techniques related to desertification and/or financial
resources to affected developing country Parties.
7. The full implementation by affected developing country Parties,
particularly those in Africa, of their obligations under the Convention will
be greatly assisted by the fulfilment by developed country Parties of their
obligations under the Convention, including in particular those regarding
financial resources and transfer of technology. In fulfilling their
obligations, developed country Parties should take fully into account that
economic and social development and poverty eradication are the first
priorities of affected developing country Parties, particularly those in
Africa.
Article 21
Financial mechanisms
1. The Conference of the Parties shall promote the availability of
financial mechanisms and shall encourage such mechanisms to seek to maximize
the availability of funding for affected developing country Parties,
particularly those in Africa, to implement the Convention. To this end, the
Conference of the Parties shall consider for adoption inter alia approaches
and policies that:
(a) facilitate the provision of necessary funding at the national,
subregional, regional and global levels for activities pursuant to relevant
provisions of the Convention;
(b) promote multiple-source funding approaches, mechanisms and
arrangements and their assessment, consistent with article 20;
(c) provide on a regular basis, to interested Parties and relevant
intergovernmental and non-governmental organizations, information on available
sources of funds and on funding patterns in order to facilitate coordination
among them;
(d) facilitate the establishment, as appropriate, of mechanisms, such
as national desertification funds, including those involving the participation
of non-governmental organizations, to channel financial resources rapidly and
efficiently to the local level in affected developing country Parties; and
(e) strengthen existing funds and financial mechanisms at the
subregional and regional levels, particularly in Africa, to support more
effectively the implementation of the Convention.
2. The Conference of the Parties shall also encourage the provision,
through various mechanisms within the United Nations system and through
multilateral financial institutions, of support at the national, subregional
and regional levels to activities that enable developing country Parties to
meet their obligations under the Convention.
3. Affected developing country Parties shall utilize, and where
necessary, establish and/or strengthen, national coordinating mechanisms,
integrated in national development programmes, that would ensure the efficient
use of all available financial resources. They shall also utilize
participatory processes involving non-governmental organizations, local groups
and the private sector, in raising funds, in elaborating as well as
implementing programmes and in assuring access to funding by groups at the
local level. These actions can be enhanced by improved coordination and
flexible programming on the part of those providing assistance.
4. In order to increase the effectiveness and efficiency of existing
financial mechanisms, a Global Mechanism to promote actions leading to the
mobilization and channelling of substantial financial resources, including for
the transfer of technology, on a grant basis, and/or on concessional or other
terms, to affected developing country Parties, is hereby established. This
Global Mechanism shall function under the authority and guidance of the
Conference of the Parties and be accountable to it.
5. The Conference of the Parties shall identify, at its first
ordinary session, an organization to house the Global Mechanism. The
Conference of the Parties and the organization it has identified shall agree
upon modalities for this Global Mechanism to ensure inter alia that such
Mechanism:
(a) identifies and draws up an inventory of relevant bilateral and
multilateral cooperation programmes that are available to implement the
Convention;
(b) provides advice, on request, to Parties on innovative methods of
financing and sources of financial assistance and on improving the
coordination of cooperation activities at the national level;
(c) provides interested Parties and relevant intergovernmental and
non-governmental organizations with information on available sources of funds
and on funding patterns in order to facilitate coordination among them; and
(d) reports to the Conference of the Parties, beginning at its second
ordinary session, on its activities.
6. The Conference of the Parties shall, at its first session, make
appropriate arrangements with the organization it has identified to house the
Global Mechanism for the administrative operations of such Mechanism, drawing
to the extent possible on existing budgetary and human resources.
7. The Conference of the Parties shall, at its third ordinary
session, review the policies, operational modalities and activities of the
Global Mechanism accountable to it pursuant to paragraph 4, taking into
account the provisions of article 7. On the basis of this review, it shall
consider and take appropriate action.
PART IV
INSTITUTIONS
Article 22
Conference of the Parties
1. A Conference of the Parties is hereby established.
2. The Conference of the Parties is the supreme body of the
Convention. It shall make, within its mandate, the decisions necessary to
promote its effective implementation. In particular, it shall:
(a) regularly review the implementation of the Convention and the
functioning of its institutional arrangements in the light of the experience
gained at the national, subregional, regional and international levels and on
the basis of the evolution of scientific and technological knowledge;
(b) promote and facilitate the exchange of information on measures
adopted by the Parties, and determine the form and timetable for transmitting
the information to be submitted pursuant to article 26, review the reports and
make recommendations on them;
(c) establish such subsidiary bodies as are deemed necessary for the
implementation of the Convention;
(d) review reports submitted by its subsidiary bodies and provide
guidance to t
ELABORATION OF AN INTERNATIONAL CONVENTION TO COMBAT DESERTIFICATION
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GENERAL
A/AC.241/27
12 September 1994
ENGLISH
Original: ENGLISH
INTERGOVERNMENTAL NEGOTIATING COMMITTEE FOR
THE ELABORATION OF AN INTERNATIONAL CONVENTION
TO COMBAT DESERTIFICATION IN THOSE COUNTRIES
EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
ELABORATION OF AN INTERNATIONAL CONVENTION TO COMBAT DESERTIFICATION
IN COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR DESERTIFICATION,
PARTICULARLY IN AFRICA
Final text of the Convention
Note by the Secretariat
Attached is the final text of the United Nations Convention to Combat
Desertification in Those Countries Experiencing Serious Drought and/or
Desertification, Particularly in Africa, following completion of the
verification processes as requested by the INCD upon adoption of the
Convention at its fifth session, on 17 June 1994.
The final text has been forwarded to the Office of Legal Affairs of the
United Nations, which acts as Depositary, in order to prepare for the signing
ceremony to be held in Paris, on 14-15 October 1994.
UNITED NATIONS CONVENTION TO COMBAT DESERTIFICATION
IN THOSE COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
The Parties to this Convention,
Affirming that human beings in affected or threatened areas are at the
centre of concerns to combat desertification and mitigate the effects of
drought,
Reflecting the urgent concern of the international community, including
States and international organizations, about the adverse impacts of
desertification and drought,
Aware that arid, semi-arid and dry sub-humid areas together account for
a significant proportion of the Earth's land area and are the habitat and
source of livelihood for a large segment of its population,
Acknowledging that desertification and drought are problems of global
dimension in that they affect all regions of the world and that joint action
of the international community is needed to combat desertification and/or
mitigate the effects of drought,
Noting the high concentration of developing countries, notably the least
developed countries, among those experiencing serious drought and/or
desertification, and the particularly tragic consequences of these phenomena
in Africa,
Noting also that desertification is caused by complex interactions among
physical, biological, political, social, cultural and economic factors,
Considering the impact of trade and relevant aspects of international
economic relations on the ability of affected countries to combat
desertification adequately,
Conscious that sustainable economic growth, social development and
poverty eradication are priorities of affected developing countries,
particularly in Africa, and are essential to meeting sustainability
objectives,
Mindful that desertification and drought affect sustainable development
through their interrelationships with important social problems such as
poverty, poor health and nutrition, lack of food security, and those arising
from migration, displacement of persons and demographic dynamics,
Appreciating the significance of the past efforts and experience of
States and international organizations in combating desertification and
mitigating the effects of drought, particularly in implementing the Plan of
Action to Combat Desertification which was adopted at the United Nations
Conference on Desertification in 1977,
Realizing that, despite efforts in the past, progress in combating
desertification and mitigating the effects of drought has not met expectations
and that a new and more effective approach is needed at all levels within the
framework of sustainable development,
Recognizing the validity and relevance of decisions adopted at the
United Nations Conference on Environment and Development, particularly of
Agenda 21 and its chapter 12, which provide a basis for combating
desertification,
Reaffirming in this light the commitments of developed countries as
contained in paragraph 13 of chapter 33 of Agenda 21,
Recalling General Assembly resolution 47/188, particularly the priority
in it prescribed for Africa, and all other relevant United Nations
resolutions, decisions and programmes on desertification and drought, as well
as relevant declarations by African countries and those from other regions,
Reaffirming the Rio Declaration on Environment and Development which
states, in its Principle 2, that States have, in accordance with the Charter
of the United Nations and the principles of international law, the sovereign
right to exploit their own resources pursuant to their own environmental and
developmental policies, and the responsibility to ensure that activities
within their jurisdiction or control do not cause damage to the environment of
other States or of areas beyond the limits of national jurisdiction,
Recognizing that national Governments play a critical role in combating
desertification and mitigating the effects of drought and that progress in
that respect depends on local implementation of action programmes in affected
areas,
Recognizing also the importance and necessity of international
cooperation and partnership in combating desertification and mitigating the
effects of drought,
Recognizing further the importance of the provision to affected
developing countries, particularly in Africa, of effective means, inter alia
substantial financial resources, including new and additional funding, and
access to technology, without which it will be difficult for them to implement
fully their commitments under this Convention,
Expressing concern over the impact of desertification and drought on
affected countries in Central Asia and the Transcaucasus,
Stressing the important role played by women in regions affected by
desertification and/or drought, particularly in rural areas of developing
countries, and the importance of ensuring the full participation of both men
and women at all levels in programmes to combat desertification and mitigate
the effects of drought,
Emphasizing the special role of non-governmental organizations and other
major groups in programmes to combat desertification and mitigate the effects
of drought,
Bearing in mind the relationship between desertification and other
environmental problems of global dimension facing the international and
national communities,
Bearing also in mind the contribution that combating desertification can
make to achieving the objectives of the United Nations Framework Convention on
Climate Change, the Convention on Biological Diversity and other related
environmental conventions,
Believing that strategies to combat desertification and mitigate the
effects of drought will be most effective if they are based on sound
systematic observation and rigorous scientific knowledge and if they are
continuously re-evaluated,
Recognizing the urgent need to improve the effectiveness and
coordination of international cooperation to facilitate the implementation of
national plans and priorities,
Determined to take appropriate action in combating desertification and
mitigating the effects of drought for the benefit of present and future
generations,
Have agreed as follows:
PART I
INTRODUCTION
Article 1
Use of terms
For the purposes of this Convention:
(a) "desertification" means land degradation in arid, semi-arid and
dry sub-humid areas resulting from various factors, including climatic
variations and human activities;
(b) "combating desertification" includes activities which are part of
the integrated development of land in arid, semi-arid and dry sub-humid areas
for sustainable development which are aimed at:
(i) prevention and/or reduction of land degradation;
(ii) rehabilitation of partly degraded land; and
(iii) reclamation of desertified land;
(c) "drought" means the naturally occurring phenomenon that exists
when precipitation has been significantly below normal recorded levels,
causing serious hydrological imbalances that adversely affect land resource
production systems;
(d) "mitigating the effects of drought" means activities related to
the prediction of drought and intended to reduce the vulnerability of society
and natural systems to drought as it relates to combating desertification;
(e) "land" means the terrestrial bio-productive system that comprises
soil, vegetation, other biota, and the ecological and hydrological processes
that operate within the system;
(f) "land degradation" means reduction or loss, in arid, semi-arid and
dry sub-humid areas, of the biological or economic productivity and complexity
of rainfed cropland, irrigated cropland, or range, pasture, forest and
woodlands resulting from land uses or from a process or combination of
processes, including processes arising from human activities and habitation
patterns, such as:
(i) soil erosion caused by wind and/or water;
(ii) deterioration of the physical, chemical and biological
or economic properties of soil; and
(iii) long-term loss of natural vegetation;
(g) "arid, semi-arid and dry sub-humid areas" means areas, other than
polar and sub-polar regions, in which the ratio of annual precipitation to
potential evapotranspiration falls within the range from 0.05 to 0.65;
(h) "affected areas" means arid, semi-arid and/or dry sub-humid areas
affected or threatened by desertification;
(i) "affected countries" means countries whose lands include, in whole
or in part, affected areas;
(j) "regional economic integration organization" means an organization
constituted by sovereign States of a given region which has competence in
respect of matters governed by this Convention and has been duly authorized,
in accordance with its internal procedures, to sign, ratify, accept, approve
or accede to this Convention;
(k) "developed country Parties" means developed country Parties and
regional economic integration organizations constituted by developed
countries.
Article 2
Objective
1. The objective of this Convention is to combat desertification and
mitigate the effects of drought in countries experiencing serious drought
and/or desertification, particularly in Africa, through effective action at
all levels, supported by international cooperation and partnership
arrangements, in the framework of an integrated approach which is consistent
with Agenda 21, with a view to contributing to the achievement of sustainable
development in affected areas.
2. Achieving this objective will involve long-term integrated
strategies that focus simultaneously, in affected areas, on improved
productivity of land, and the rehabilitation, conservation and sustainable
management of land and water resources, leading to improved living conditions,
in particular at the community level.
Article 3
Principles
In order to achieve the objective of this Convention and to implement
its provisions, the Parties shall be guided, inter alia, by the following:
(a) the Parties should ensure that decisions on the design and
implementation of programmes to combat desertification and/or mitigate the
effects of drought are taken with the participation of populations and local
communities and that an enabling environment is created at higher levels to
facilitate action at national and local levels;
(b) the Parties should, in a spirit of international solidarity and
partnership, improve cooperation and coordination at subregional, regional and
international levels, and better focus financial, human, organizational and
technical resources where they are needed;
(c) the Parties should develop, in a spirit of partnership,
cooperation among all levels of government, communities, non-governmental
organizations and landholders to establish a better understanding of the
nature and value of land and scarce water resources in affected areas and to
work towards their sustainable use; and
(d) the Parties should take into full consideration the special needs
and circumstances of affected developing country Parties, particularly the
least developed among them.
PART II
GENERAL PROVISIONS
Article 4
General obligations
1. The Parties shall implement their obligations under this
Convention, individually or jointly, either through existing or prospective
bilateral and multilateral arrangements or a combination thereof, as
appropriate, emphasizing the need to coordinate efforts and develop a coherent
long-term strategy at all levels.
2. In pursuing the objective of this Convention, the Parties shall:
(a) adopt an integrated approach addressing the physical, biological
and socio-economic aspects of the processes of desertification and drought;
(b) give due attention, within the relevant international and regional
bodies, to the situation of affected developing country Parties with regard to
international trade, marketing arrangements and debt with a view to
establishing an enabling international economic environment conducive to the
promotion of sustainable development;
(c) integrate strategies for poverty eradication into efforts to
combat desertification and mitigate the effects of drought;
(d) promote cooperation among affected country Parties in the fields
of environmental protection and the conservation of land and water resources,
as they relate to desertification and drought;
(e) strengthen subregional, regional and international cooperation;
(f) cooperate within relevant intergovernmental organizations;
(g) determine institutional mechanisms, if appropriate, keeping in
mind the need to avoid duplication; and
(h) promote the use of existing bilateral and multilateral financial
mechanisms and arrangements that mobilize and channel substantial financial
resources to affected developing country Parties in combating desertification
and mitigating the effects of drought.
3. Affected developing country Parties are eligible for assistance in
the implementation of the Convention.
Article 5
Obligations of affected country Parties
In addition to their obligations pursuant to article 4, affected country
Parties undertake to:
(a) give due priority to combating desertification and mitigating the
effects of drought, and allocate adequate resources in accordance with their
circumstances and capabilities;
(b) establish strategies and priorities, within the framework of
sustainable development plans and/or policies, to combat desertification and
mitigate the effects of drought;
(c) address the underlying causes of desertification and pay special
attention to the socio-economic factors contributing to desertification
processes;
(d) promote awareness and facilitate the participation of local
populations, particularly women and youth, with the support of non-
governmental organizations, in efforts to combat desertification and mitigate
the effects of drought; and
(e) 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.
Article 6
Obligations of developed country Parties
In addition to their general obligations pursuant to article 4,
developed country Parties undertake to:
(a) actively support, as agreed, individually or jointly, the efforts
of affected developing country Parties, particularly those in Africa, and the
least developed countries, to combat desertification and mitigate the effects
of drought;
(b) provide substantial financial resources and other forms of support
to assist affected developing country Parties, particularly those in Africa,
effectively to develop and implement their own long-term plans and strategies
to combat desertification and mitigate the effects of drought;
(c) promote the mobilization of new and additional funding pursuant to
article 20, paragraph 2 (b);
(d) encourage the mobilization of funding from the private sector and
other non-governmental sources; and
(e) promote and facilitate access by affected country Parties,
particularly affected developing country Parties, to appropriate technology,
knowledge and know-how.
Article 7
Priority for Africa
In implementing this Convention, the Parties shall give priority to
affected African country Parties, in the light of the particular situation
prevailing in that region, while not neglecting affected developing country
Parties in other regions.
Article 8
Relationship with other conventions
1. The Parties shall encourage the coordination of activities carried
out under this Convention and, if they are Parties to them, under other
relevant international agreements, particularly the United Nations Framework
Convention on Climate Change and the Convention on Biological Diversity, in
order to derive maximum benefit from activities under each agreement while
avoiding duplication of effort. The Parties shall encourage the conduct of
joint programmes, particularly in the fields of research, training, systematic
observation and information collection and exchange, to the extent that such
activities may contribute to achieving the objectives of the agreements
concerned.
2. The provisions of this Convention shall not affect the rights and
obligations of any Party deriving from a bilateral, regional or international
agreement into which it has entered prior to the entry into force of this
Convention for it.
PART III
ACTION PROGRAMMES, SCIENTIFIC AND TECHNICAL COOPERATION
AND SUPPORTING MEASURES
Section 1: Action programmes
Article 9
Basic approach
1. In carrying out their obligations pursuant to article 5, affected
developing country Parties and any other affected country Party in the
framework of its regional implementation annex or, otherwise, that has
notified the Permanent Secretariat in writing of its intention to prepare a
national action programme, shall, as appropriate, prepare, make public and
implement national action programmes, utilizing and building, to the extent
possible, on existing relevant successful plans and programmes, and
subregional and regional action programmes, as the central element of the
strategy to combat desertification and mitigate the effects of drought. Such
programmes shall be updated through a continuing participatory process on the
basis of lessons from field action, as well as the results of research. The
preparation of national action programmes shall be closely interlinked with
other efforts to formulate national policies for sustainable development.
2. In the provision by developed country Parties of different forms
of assistance under the terms of article 6, priority shall be given to
supporting, as agreed, national, subregional and regional action programmes of
affected developing country Parties, particularly those in Africa, either
directly or through relevant multilateral organizations or both.
3. The Parties shall encourage organs, funds and programmes of the
United Nations system and other relevant intergovernmental organizations,
academic institutions, the scientific community and non-governmental
organizations in a position to cooperate, in accordance with their mandates
and capabilities, to support the elaboration, implementation and follow-up of
action programmes.
Article 10
National action programmes
1. The purpose of national action programmes is to identify the
factors contributing to desertification and practical measures necessary to
combat desertification and mitigate the effects of drought.
2. National action programmes shall specify the respective roles of
government, local communities and land users and the resources available and
needed. They shall, inter alia:
(a) incorporate long-term strategies to combat desertification and
mitigate the effects of drought, emphasize implementation and be integrated
with national policies for sustainable development;
(b) allow for modifications to be made in response to changing
circumstances and be sufficiently flexible at the local level to cope with
different socio-economic, biological and geo-physical conditions;
(c) give particular attention to the implementation of preventive
measures for lands that are not yet degraded or which are only slightly
degraded;
(d) enhance national climatological, meteorological and hydrological
capabilities and the means to provide for drought early warning;
(e) promote policies and strengthen institutional frameworks which
develop cooperation and coordination, in a spirit of partnership, between the
donor community, governments at all levels, local populations and community
groups, and facilitate access by local populations to appropriate information
and technology;
(f) provide for effective participation at the local, national and
regional levels of non-governmental organizations and local populations, both
women and men, particularly resource users, including farmers and pastoralists
and their representative organizations, in policy planning, decision-making,
and implementation and review of national action programmes; and
(g) require regular review of, and progress reports on, their
implementation.
3. National action programmes may include, inter alia, some or all of
the following measures to prepare for and mitigate the effects of drought:
(a) establishment and/or strengthening, as appropriate, of early
warning systems, including local and national facilities and joint systems at
the subregional and regional levels, and mechanisms for assisting
environmentally displaced persons;
(b) strengthening of drought preparedness and management, including
drought contingency plans at the local, national, subregional and regional
levels, which take into consideration seasonal to interannual climate
predictions;
(c) establishment and/or strengthening, as appropriate, of food
security systems, including storage and marketing facilities, particularly in
rural areas;
(d) establishment of alternative livelihood projects that could
provide incomes in drought prone areas; and
(e) development of sustainable irrigation programmes for both crops
and livestock.
4. Taking into account the circumstances and requirements specific to
each affected country Party, national action programmes include, as
appropriate, inter alia, measures in some or all of the following priority
fields as they relate to combating desertification and mitigating the effects
of drought in affected areas and to their populations: promotion of
alternative livelihoods and improvement of national economic environments with
a view to strengthening programmes aimed at the eradication of poverty and at
ensuring food security; demographic dynamics; sustainable management of
natural resources; sustainable agricultural practices; development and
efficient use of various energy sources; institutional and legal frameworks;
strengthening of capabilities for assessment and systematic observation,
including hydrological and meteorological services, and capacity building,
education and public awareness.
Article 11
Subregional and regional action programmes
Affected country Parties shall consult and cooperate to prepare, as
appropriate, in accordance with relevant regional implementation annexes,
subregional and/or regional action programmes to harmonize, complement and
increase the efficiency of national programmes. The provisions of article 10
shall apply mutatis mutandis to subregional and regional programmes. Such
cooperation may include agreed joint programmes for the sustainable management
of transboundary natural resources, scientific and technical cooperation, and
strengthening of relevant institutions.
Article 12
International cooperation
Affected country Parties, in collaboration with other Parties and the
international community, should cooperate to ensure the promotion of an
enabling international environment in the implementation of the Convention.
Such cooperation should also cover fields of technology transfer as well as
scientific research and development, information collection and dissemination
and financial resources.
Article 13
Support for the elaboration and
implementation of action programmes
1. Measures to support action programmes pursuant to article 9
include, inter alia:
(a) financial cooperation to provide predictability for action
programmes, allowing for necessary long-term planning;
(b) elaboration and use of cooperation mechanisms which better enable
support at the local level, including action through non-governmental
organizations, in order to promote the replicability of successful pilot
programme activities where relevant;
(c) increased flexibility in project design, funding and
implementation in keeping with the experimental, iterative approach indicated
for participatory action at the local community level; and
(d) as appropriate, administrative and budgetary procedures that
increase the efficiency of cooperation and of support programmes.
2. In providing such support to affected developing country Parties,
priority shall be given to African country Parties and to least developed
country Parties.
Article 14
Coordination in the elaboration and implementation
of action programmes
1. The Parties shall work closely together, directly and through
relevant intergovernmental organizations, in the elaboration and
implementation of action programmes.
2. The Parties shall develop operational mechanisms, particularly at
the national and field levels, to ensure the fullest possible coordination
among developed country Parties, developing country Parties and relevant
intergovernmental and non-governmental organizations, in order to avoid
duplication, harmonize interventions and approaches, and maximize the impact
of assistance. In affected developing country Parties, priority will be given
to coordinating activities related to international cooperation in order to
maximize the efficient use of resources, to ensure responsive assistance, and
to facilitate the implementation of national action programmes and priorities
under this Convention.
Article 15
Regional implementation annexes
Elements for incorporation in action programmes shall be selected and
adapted to the socio-economic, geographical and climatic factors applicable to
affected country Parties or regions, as well as to their level of development.
Guidelines for the preparation of action programmes and their exact focus and
content for particular subregions and regions are set out in the regional
implementation annexes.
Section 2: Scientific and technical cooperation
Article 16
Information collection, analysis and exchange
The Parties agree, according to their respective capabilities, to
integrate and coordinate the collection, analysis and exchange of relevant
short term and long term data and information to ensure systematic observation
of land degradation in affected areas and to understand better and assess the
processes and effects of drought and desertification. This would help
accomplish, inter alia, early warning and advance planning for periods of
adverse climatic variation in a form suited for practical application by users
at all levels, including especially local populations. To this end, they
shall, as appropriate:
(a) facilitate and strengthen the functioning of the global network of
institutions and facilities for the collection, analysis and exchange of
information, as well as for systematic observation at all levels, which shall,
inter alia:
(i) aim to use compatible standards and systems;
(ii) encompass relevant data and stations, including in
remote areas;
(iii) use and disseminate modern technology for data
collection, transmission and assessment on land degradation; and
(iv) link national, subregional and regional data and
information centres more closely with global information sources;
(b) ensure that the collection, analysis and exchange of information
address the needs of local communities and those of decision makers, with a
view to resolving specific problems, and that local communities are involved
in these activities;
(c) support and further develop bilateral and multilateral programmes
and projects aimed at defining, conducting, assessing and financing the
collection, analysis and exchange of data and information, including, inter
alia, integrated sets of physical, biological, social and economic indicators;
(d) make full use of the expertise of competent intergovernmental and
non-governmental organizations, particularly to disseminate relevant
information and experiences among target groups in different regions;
(e) give full weight to the collection, analysis and exchange of
socio-economic data, and their integration with physical and biological data;
(f) exchange and make fully, openly and promptly available information
from all publicly available sources relevant to combating desertification and
mitigating the effects of drought; and
(g) subject to their respective national legislation and/or policies,
exchange information on local and traditional knowledge, ensuring adequate
protection for it and providing appropriate return from the benefits derived
from it, on an equitable basis and on mutually agreed terms, to the local
populations concerned.
Article 17
Research and development
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, subregional, regional and international institutions. To this end,
they shall support research activities that:
(a) contribute to increased knowledge of the processes leading to
desertification and drought and the impact of, and distinction between, causal
factors, both natural and human, with a view to combating desertification and
mitigating the effects of drought, and achieving improved productivity as well
as sustainable use and management of resources;
(b) respond to well defined objectives, address the specific needs of
local populations and lead to the identification and implementation of
solutions that improve the living standards of people in affected areas;
(c) 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;
(d) develop and strengthen national, subregional and regional research
capabilities in affected developing country Parties, particularly in Africa,
including the development of local skills and the strengthening of appropriate
capacities, especially in countries with a weak research base, giving
particular attention to multidisciplinary and participative socio-economic
research;
(e) take into account, where relevant, the relationship between
poverty, migration caused by environmental factors, and desertification;
(f) promote the conduct of joint research programmes between national,
subregional, regional and international research organizations, in both the
public and private sectors, for the development of improved, affordable and
accessible technologies for sustainable development through effective
participation of local populations and communities; and
(g) enhance the availability of water resources in affected areas, by
means of, inter alia, cloud-seeding.
2. Research priorities for particular regions and subregions,
reflecting different local conditions, should be included in action
programmes. The Conference of the Parties shall review research priorities
periodically on the advice of the Committee on Science and Technology.
Article 18
Transfer, acquisition, adaptation and development of technology
1. 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 Parties shall, in particular:
(a) fully utilize relevant existing national, subregional, 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;
(b) facilitate access, in particular by affected developing country
Parties, on favourable terms, including on concessional and preferential
terms, as mutually agreed, taking into account the need to protect
intellectual property rights, to technologies most suitable to practical
application for specific needs of local populations, paying special attention
to the social, cultural, economic and environmental impact of such technology;
(c) facilitate technology cooperation among affected country Parties
through financial assistance or other appropriate means;
(d) extend technology cooperation with affected developing country
Parties, including, where relevant, joint ventures, especially to sectors
which foster alternative livelihoods; and
(e) take appropriate measures to create domestic market conditions and
incentives, fiscal or otherwise, conducive to the development, transfer,
acquisition and adaptation of suitable technology, knowledge, know-how and
practices, including measures to ensure adequate and effective protection of
intellectual property rights.
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:
(a) 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;
(b) 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;
(c) 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
(d) facilitate, as appropriate, the adaptation of such technology,
knowledge, know-how and practices to wide use and integrate them with modern
technology, as appropriate.
Section 3: Supporting measures
Article 19
Capacity building, education and public awareness
1. The Parties recognize 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. They shall promote, as appropriate,
capacity-building:
(a) through the full participation at all levels of local people,
particularly at the local level, especially women and youth, with the
cooperation of non-governmental and local organizations;
(b) by strengthening training and research capacity at the national
level in the field of desertification and drought;
(c) by establishing and/or strengthening support and extension
services to disseminate relevant technology methods and techniques more
effectively, and by training field agents and members of rural organizations
in participatory approaches for the conservation and sustainable use of
natural resources;
(d) by fostering the use and dissemination of the knowledge, know-how
and practices of local people in technical cooperation programmes, wherever
possible;
(e) by adapting, where necessary, relevant environmentally sound
technology and traditional methods of agriculture and pastoralism to modern
socio-economic conditions;
(f) by 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;
(g) through cooperation, as mutually agreed, to strengthen the
capacity of affected developing country Parties to develop and implement
programmes in the field of collection, analysis and exchange of information
pursuant to article 16;
(h) through innovative ways of promoting alternative livelihoods,
including training in new skills;
(i) by training of decision makers, managers, and personnel who are
responsible for the collection and analysis of data for the dissemination and
use of early warning information on drought conditions and for food
production;
(j) through more effective operation of existing national institutions
and legal frameworks and, where necessary, creation of new ones, along with
strengthening of strategic planning and management; and
(k) by means of exchange visitor programmes to enhance capacity
building in affected country Parties through a long-term, interactive process
of learning and study.
2. Affected developing country Parties shall conduct, in cooperation
with other Parties and competent intergovernmental and non-governmental
organizations, as appropriate, an interdisciplinary review of available
capacity and facilities at the local and national levels, and the potential
for strengthening them.
3. 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. To that
end, they shall:
(a) organize awareness campaigns for the general public;
(b) promote, on a permanent basis, access by the public to relevant
information, and wide public participation in education and awareness
activities;
(c) encourage the establishment of associations that contribute to
public awareness;
(d) develop and exchange educational and public awareness material,
where possible in local languages, exchange and second experts to train
personnel of affected developing country Parties in carrying out relevant
education and awareness programmes, and fully utilize relevant educational
material available in competent international bodies;
(e) assess educational needs in affected areas, elaborate appropriate
school curricula and expand, as needed, educational and adult literacy
programmes and opportunities for all, in particular for girls and women, on
the identification, conservation and sustainable use and management of the
natural resources of affected areas; and
(f) develop interdisciplinary participatory programmes integrating
desertification and drought awareness into educational systems and in non-
formal, adult, distance and practical educational programmes.
4. The Conference of the Parties shall establish and/or strengthen
networks of regional education and training centres to combat desertification
and mitigate the effects of drought. These networks shall be coordinated by
an institution created or designated for that purpose, in order to train
scientific, technical and management personnel and to strengthen existing
institutions responsible for education and training in affected country
Parties, where appropriate, with a view to harmonizing programmes and to
organizing exchanges of experience among them. These networks shall cooperate
closely with relevant intergovernmental and non-governmental organizations to
avoid duplication of effort.
Article 20
Financial resources
1. Given the central importance of financing to the achievement of
the objective of the Convention, the Parties, taking into account their
capabilities, shall make every effort to ensure that adequate financial
resources are available for programmes to combat desertification and mitigate
the effects of drought.
2. In this connection, developed country Parties, while giving
priority to affected African country Parties without neglecting affected
developing country Parties in other regions, in accordance with article 7,
undertake to:
(a) mobilize substantial financial resources, including grants and
concessional loans, in order to support the implementation of programmes to
combat desertification and mitigate the effects of drought;
(b) promote the mobilization of adequate, timely and predictable
financial resources, including new and additional funding from the Global
Environment Facility of the agreed incremental costs of those activities
concerning desertification that relate to its four focal areas, in conformity
with the relevant provisions of the Instrument establishing the Global
Environment Facility;
(c) facilitate through international cooperation the transfer of
technology, knowledge and know-how; and
(d) explore, in cooperation with affected developing country Parties,
innovative methods and incentives for mobilizing and channelling resources,
including those of foundations, non-governmental organizations and other
private sector entities, particularly debt swaps and other innovative means
which increase financing by reducing the external debt burden of affected
developing country Parties, particularly those in Africa.
3. Affected developing country Parties, taking into account their
capabilities, undertake to mobilize adequate financial resources for the
implementation of their national action programmes.
4. In mobilizing financial resources, the Parties shall seek full use
and continued qualitative improvement of all national, bilateral and
multilateral funding sources and mechanisms, using consortia, joint programmes
and parallel financing, and shall seek to involve private sector funding
sources and mechanisms, including those of non-governmental organizations. To
this end, the Parties shall fully utilize the operational mechanisms developed
pursuant to article 14.
5. In order to mobilize the financial resources necessary for
affected developing country Parties to combat desertification and mitigate the
effects of drought, the Parties shall:
(a) rationalize and strengthen the management of resources already
allocated for combating desertification and mitigating the effects of drought
by using them more effectively and efficiently, assessing their successes and
shortcomings, removing hindrances to their effective use and, where necessary,
reorienting programmes in light of the integrated long-term approach adopted
pursuant to this Convention;
(b) give due priority and attention within the governing bodies of
multilateral financial institutions, facilities and funds, including regional
development banks and funds, to supporting affected developing country
Parties, particularly those in Africa, in activities which advance
implementation of the Convention, notably action programmes they undertake in
the framework of regional implementation annexes; and
(c) examine ways in which regional and subregional cooperation can be
strengthened to support efforts undertaken at the national level.
6. Other Parties are encouraged to provide, on a voluntary basis,
knowledge, know-how and techniques related to desertification and/or financial
resources to affected developing country Parties.
7. The full implementation by affected developing country Parties,
particularly those in Africa, of their obligations under the Convention will
be greatly assisted by the fulfilment by developed country Parties of their
obligations under the Convention, including in particular those regarding
financial resources and transfer of technology. In fulfilling their
obligations, developed country Parties should take fully into account that
economic and social development and poverty eradication are the first
priorities of affected developing country Parties, particularly those in
Africa.
Article 21
Financial mechanisms
1. The Conference of the Parties shall promote the availability of
financial mechanisms and shall encourage such mechanisms to seek to maximize
the availability of funding for affected developing country Parties,
particularly those in Africa, to implement the Convention. To this end, the
Conference of the Parties shall consider for adoption inter alia approaches
and policies that:
(a) facilitate the provision of necessary funding at the national,
subregional, regional and global levels for activities pursuant to relevant
provisions of the Convention;
(b) promote multiple-source funding approaches, mechanisms and
arrangements and their assessment, consistent with article 20;
(c) provide on a regular basis, to interested Parties and relevant
intergovernmental and non-governmental organizations, information on available
sources of funds and on funding patterns in order to facilitate coordination
among them;
(d) facilitate the establishment, as appropriate, of mechanisms, such
as national desertification funds, including those involving the participation
of non-governmental organizations, to channel financial resources rapidly and
efficiently to the local level in affected developing country Parties; and
(e) strengthen existing funds and financial mechanisms at the
subregional and regional levels, particularly in Africa, to support more
effectively the implementation of the Convention.
2. The Conference of the Parties shall also encourage the provision,
through various mechanisms within the United Nations system and through
multilateral financial institutions, of support at the national, subregional
and regional levels to activities that enable developing country Parties to
meet their obligations under the Convention.
3. Affected developing country Parties shall utilize, and where
necessary, establish and/or strengthen, national coordinating mechanisms,
integrated in national development programmes, that would ensure the efficient
use of all available financial resources. They shall also utilize
participatory processes involving non-governmental organizations, local groups
and the private sector, in raising funds, in elaborating as well as
implementing programmes and in assuring access to funding by groups at the
local level. These actions can be enhanced by improved coordination and
flexible programming on the part of those providing assistance.
4. In order to increase the effectiveness and efficiency of existing
financial mechanisms, a Global Mechanism to promote actions leading to the
mobilization and channelling of substantial financial resources, including for
the transfer of technology, on a grant basis, and/or on concessional or other
terms, to affected developing country Parties, is hereby established. This
Global Mechanism shall function under the authority and guidance of the
Conference of the Parties and be accountable to it.
5. The Conference of the Parties shall identify, at its first
ordinary session, an organization to house the Global Mechanism. The
Conference of the Parties and the organization it has identified shall agree
upon modalities for this Global Mechanism to ensure inter alia that such
Mechanism:
(a) identifies and draws up an inventory of relevant bilateral and
multilateral cooperation programmes that are available to implement the
Convention;
(b) provides advice, on request, to Parties on innovative methods of
financing and sources of financial assistance and on improving the
coordination of cooperation activities at the national level;
(c) provides interested Parties and relevant intergovernmental and
non-governmental organizations with information on available sources of funds
and on funding patterns in order to facilitate coordination among them; and
(d) reports to the Conference of the Parties, beginning at its second
ordinary session, on its activities.
6. The Conference of the Parties shall, at its first session, make
appropriate arrangements with the organization it has identified to house the
Global Mechanism for the administrative operations of such Mechanism, drawing
to the extent possible on existing budgetary and human resources.
7. The Conference of the Parties shall, at its third ordinary
session, review the policies, operational modalities and activities of the
Global Mechanism accountable to it pursuant to paragraph 4, taking into
account the provisions of article 7. On the basis of this review, it shall
consider and take appropriate action.
PART IV
INSTITUTIONS
Article 22
Conference of the Parties
1. A Conference of the Parties is hereby established.
2. The Conference of the Parties is the supreme body of the
Convention. It shall make, within its mandate, the decisions necessary to
promote its effective implementation. In particular, it shall:
(a) regularly review the implementation of the Convention and the
functioning of its institutional arrangements in the light of the experience
gained at the national, subregional, regional and international levels and on
the basis of the evolution of scientific and technological knowledge;
(b) promote and facilitate the exchange of information on measures
adopted by the Parties, and determine the form and timetable for transmitting
the information to be submitted pursuant to article 26, review the reports and
make recommendations on them;
(c) establish such subsidiary bodies as are deemed necessary for the
implementation of the Convention;
(d) review reports submitted by its subsidiary bodies and provide
guidance to them;
(e) agree upon and adopt, by consensus, rules of procedure and
financial rules for itself and any subsidiary bodies;
(f) adopt amendments to the Convention pursuant to articles 30 and 31;
(g) approve a programme and budget for its activities, including those
of its subsidiary bodies, and undertake necessary arrangements for their
financing;
(h) as appropriate, seek the cooperation of, and utilize the services
of and information provided by, competent bodies or agencies, whether national
or international, intergovernmental or non-governmental;
(i) promote and strengthen the relationship with other relevant
conventions while avoiding duplication of effort; and
(j) exercise such other functions as may be necessary for the
achievement of the objective of the Convention.
3. The Conference of the Parties shall, at its first session, adopt
its own rules of procedure, by consensus, which shall include decision-making
procedures for matters not already covered by decision-making procedures
stipulated in the Convention. Such procedures may include specified
majorities required for the adoption of particular decisions.
4. The first session of the Conference of the Parties shall be
convened by the interim secretariat referred to in article 35 and shall take
place not later than one year after the date of entry into force of the
Convention. Unless otherwise decided by the Conference of the Parties, the
second, third and fourth ordinary sessions shall be held yearly, and
thereafter, ordinary sessions shall be held every two years.
5. Extraordinary sessions of the Conference of the Parties shall be
held at such other times as may be decided either by the Conference of the
Parties in ordinary session or at the written request of any Party, provided
that, within three months of the request being communicated to the Parties by
the Permanent Secretariat, it is supported by at least one third of the
Parties.
6. At each ordinary session, the Conference of the Parties shall
elect a Bureau. The structure and functions of the Bureau shall be determined
in the rules of procedure. In appointing the Bureau, due regard shall be paid
to the need to ensure equitable geographical distribution and adequate
representation of affected country Parties, particularly those in Africa.
7. The United Nations, its specialized agencies and any State member
thereof or observers thereto not Party to the Convention, may be represented
at sessions of the Conference of the Parties as observers. Any body or
agency, whether national or international, governmental or non-governmental,
which is qualified in matters covered by the Convention, and which has
informed the Permanent Secretariat of its wish to be represented at a session
of the Conference of the Parties as an observer, may be so admitted unless at
least one
third of the Parties present object. The admission and participation of
observers shall be subject to the rules of procedure adopted by the Conference
of the Parties.
8. The Conference of the Parties may request competent national and
international organizations which have relevant expertise to provide it
with information relevant to article 16, paragraph (g), article 17, paragraph
1 (c) and article 18, paragraph 2(b).
Article 23
Permanent Secretariat
1. A Permanent Secretariat is hereby established.
2. The functions of the Permanent Secretariat shall be:
(a) to make arrangements for sessions of the Conference of the Parties
and its subsidiary bodies established under the Convention and to provide them
with services as required;
(b) to compile and transmit reports submitted to it;
(c) to facilitate assistance to affected developing country Parties,
on request, particularly those in Africa, in the compilation and communication
of information required under the Convention;
(d) to coordinate its activities with the secretariats of other
ELABORATION OF AN INTERNATIONAL CONVENTION TO COMBAT DESERTIFICATION
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GENERAL
A/AC.241/27
12 September 1994
ENGLISH
Original: ENGLISH
INTERGOVERNMENTAL NEGOTIATING COMMITTEE FOR
THE ELABORATION OF AN INTERNATIONAL CONVENTION
TO COMBAT DESERTIFICATION IN THOSE COUNTRIES
EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
ELABORATION OF AN INTERNATIONAL CONVENTION TO COMBAT DESERTIFICATION
IN COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR DESERTIFICATION,
PARTICULARLY IN AFRICA
Final text of the Convention
Note by the Secretariat
Attached is the final text of the United Nations Convention to Combat
Desertification in Those Countries Experiencing Serious Drought and/or
Desertification, Particularly in Africa, following completion of the
verification processes as requested by the INCD upon adoption of the
Convention at its fifth session, on 17 June 1994.
The final text has been forwarded to the Office of Legal Affairs of the
United Nations, which acts as Depositary, in order to prepare for the signing
ceremony to be held in Paris, on 14-15 October 1994.
UNITED NATIONS CONVENTION TO COMBAT DESERTIFICATION
IN THOSE COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
The Parties to this Convention,
Affirming that human beings in affected or threatened areas are at the
centre of concerns to combat desertification and mitigate the effects of
drought,
Reflecting the urgent concern of the international community, including
States and international organizations, about the adverse impacts of
desertification and drought,
Aware that arid, semi-arid and dry sub-humid areas together account for
a significant proportion of the Earth's land area and are the habitat and
source of livelihood for a large segment of its population,
Acknowledging that desertification and drought are problems of global
dimension in that they affect all regions of the world and that joint action
of the international community is needed to combat desertification and/or
mitigate the effects of drought,
Noting the high concentration of developing countries, notably the least
developed countries, among those experiencing serious drought and/or
desertification, and the particularly tragic consequences of these phenomena
in Africa,
Noting also that desertification is caused by complex interactions among
physical, biological, political, social, cultural and economic factors,
Considering the impact of trade and relevant aspects of international
economic relations on the ability of affected countries to combat
desertification adequately,
Conscious that sustainable economic growth, social development and
poverty eradication are priorities of affected developing countries,
particularly in Africa, and are essential to meeting sustainability
objectives,
Mindful that desertification and drought affect sustainable development
through their interrelationships with important social problems such as
poverty, poor health and nutrition, lack of food security, and those arising
from migration, displacement of persons and demographic dynamics,
Appreciating the significance of the past efforts and experience of
States and international organizations in combating desertification and
mitigating the effects of drought, particularly in implementing the Plan of
Action to Combat Desertification which was adopted at the United Nations
Conference on Desertification in 1977,
Realizing that, despite efforts in the past, progress in combating
desertification and mitigating the effects of drought has not met expectations
and that a new and more effective approach is needed at all levels within the
framework of sustainable development,
Recognizing the validity and relevance of decisions adopted at the
United Nations Conference on Environment and Development, particularly of
Agenda 21 and its chapter 12, which provide a basis for combating
desertification,
Reaffirming in this light the commitments of developed countries as
contained in paragraph 13 of chapter 33 of Agenda 21,
Recalling General Assembly resolution 47/188, particularly the priority
in it prescribed for Africa, and all other relevant United Nations
resolutions, decisions and programmes on desertification and drought, as well
as relevant declarations by African countries and those from other regions,
Reaffirming the Rio Declaration on Environment and Development which
states, in its Principle 2, that States have, in accordance with the Charter
of the United Nations and the principles of international law, the sovereign
right to exploit their own resources pursuant to their own environmental and
developmental policies, and the responsibility to ensure that activities
within their jurisdiction or control do not cause damage to the environment of
other States or of areas beyond the limits of national jurisdiction,
Recognizing that national Governments play a critical role in combating
desertification and mitigating the effects of drought and that progress in
that respect depends on local implementation of action programmes in affected
areas,
Recognizing also the importance and necessity of international
cooperation and partnership in combating desertification and mitigating the
effects of drought,
Recognizing further the importance of the provision to affected
developing countries, particularly in Africa, of effective means, inter alia
substantial financial resources, including new and additional funding, and
access to technology, without which it will be difficult for them to implement
fully their commitments under this Convention,
Expressing concern over the impact of desertification and drought on
affected countries in Central Asia and the Transcaucasus,
Stressing the important role played by women in regions affected by
desertification and/or drought, particularly in rural areas of developing
countries, and the importance of ensuring the full participation of both men
and women at all levels in programmes to combat desertification and mitigate
the effects of drought,
Emphasizing the special role of non-governmental organizations and other
major groups in programmes to combat desertification and mitigate the effects
of drought,
Bearing in mind the relationship between desertification and other
environmental problems of global dimension facing the international and
national communities,
Bearing also in mind the contribution that combating desertification can
make to achieving the objectives of the United Nations Framework Convention on
Climate Change, the Convention on Biological Diversity and other related
environmental conventions,
Believing that strategies to combat desertification and mitigate the
effects of drought will be most effective if they are based on sound
systematic observation and rigorous scientific knowledge and if they are
continuously re-evaluated,
Recognizing the urgent need to improve the effectiveness and
coordination of international cooperation to facilitate the implementation of
national plans and priorities,
Determined to take appropriate action in combating desertification and
mitigating the effects of drought for the benefit of present and future
generations,
Have agreed as follows:
PART I
INTRODUCTION
Article 1
Use of terms
For the purposes of this Convention:
(a) "desertification" means land degradation in arid, semi-arid and
dry sub-humid areas resulting from various factors, including climatic
variations and human activities;
(b) "combating desertification" includes activities which are part of
the integrated development of land in arid, semi-arid and dry sub-humid areas
for sustainable development which are aimed at:
(i) prevention and/or reduction of land degradation;
(ii) rehabilitation of partly degraded land; and
(iii) reclamation of desertified land;
(c) "drought" means the naturally occurring phenomenon that exists
when precipitation has been significantly below normal recorded levels,
causing serious hydrological imbalances that adversely affect land resource
production systems;
(d) "mitigating the effects of drought" means activities related to
the prediction of drought and intended to reduce the vulnerability of society
and natural systems to drought as it relates to combating desertification;
(e) "land" means the terrestrial bio-productive system that comprises
soil, vegetation, other biota, and the ecological and hydrological processes
that operate within the system;
(f) "land degradation" means reduction or loss, in arid, semi-arid and
dry sub-humid areas, of the biological or economic productivity and complexity
of rainfed cropland, irrigated cropland, or range, pasture, forest and
woodlands resulting from land uses or from a process or combination of
processes, including processes arising from human activities and habitation
patterns, such as:
(i) soil erosion caused by wind and/or water;
(ii) deterioration of the physical, chemical and biological
or economic properties of soil; and
(iii) long-term loss of natural vegetation;
(g) "arid, semi-arid and dry sub-humid areas" means areas, other than
polar and sub-polar regions, in which the ratio of annual precipitation to
potential evapotranspiration falls within the range from 0.05 to 0.65;
(h) "affected areas" means arid, semi-arid and/or dry sub-humid areas
affected or threatened by desertification;
(i) "affected countries" means countries whose lands include, in whole
or in part, affected areas;
(j) "regional economic integration organization" means an organization
constituted by sovereign States of a given region which has competence in
respect of matters governed by this Convention and has been duly authorized,
in accordance with its internal procedures, to sign, ratify, accept, approve
or accede to this Convention;
(k) "developed country Parties" means developed country Parties and
regional economic integration organizations constituted by developed
countries.
Article 2
Objective
1. The objective of this Convention is to combat desertification and
mitigate the effects of drought in countries experiencing serious drought
and/or desertification, particularly in Africa, through effective action at
all levels, supported by international cooperation and partnership
arrangements, in the framework of an integrated approach which is consistent
with Agenda 21, with a view to contributing to the achievement of sustainable
development in affected areas.
2. Achieving this objective will involve long-term integrated
strategies that focus simultaneously, in affected areas, on improved
productivity of land, and the rehabilitation, conservation and sustainable
management of land and water resources, leading to improved living conditions,
in particular at the community level.
Article 3
Principles
In order to achieve the objective of this Convention and to implement
its provisions, the Parties shall be guided, inter alia, by the following:
(a) the Parties should ensure that decisions on the design and
implementation of programmes to combat desertification and/or mitigate the
effects of drought are taken with the participation of populations and local
communities and that an enabling environment is created at higher levels to
facilitate action at national and local levels;
(b) the Parties should, in a spirit of international solidarity and
partnership, improve cooperation and coordination at subregional, regional and
international levels, and better focus financial, human, organizational and
technical resources where they are needed;
(c) the Parties should develop, in a spirit of partnership,
cooperation among all levels of government, communities, non-governmental
organizations and landholders to establish a better understanding of the
nature and value of land and scarce water resources in affected areas and to
work towards their sustainable use; and
(d) the Parties should take into full consideration the special needs
and circumstances of affected developing country Parties, particularly the
least developed among them.
PART II
GENERAL PROVISIONS
Article 4
General obligations
1. The Parties shall implement their obligations under this
Convention, individually or jointly, either through existing or prospective
bilateral and multilateral arrangements or a combination thereof, as
appropriate, emphasizing the need to coordinate efforts and develop a coherent
long-term strategy at all levels.
2. In pursuing the objective of this Convention, the Parties shall:
(a) adopt an integrated approach addressing the physical, biological
and socio-economic aspects of the processes of desertification and drought;
(b) give due attention, within the relevant international and regional
bodies, to the situation of affected developing country Parties with regard to
international trade, marketing arrangements and debt with a view to
establishing an enabling international economic environment conducive to the
promotion of sustainable development;
(c) integrate strategies for poverty eradication into efforts to
combat desertification and mitigate the effects of drought;
(d) promote cooperation among affected country Parties in the fields
of environmental protection and the conservation of land and water resources,
as they relate to desertification and drought;
(e) strengthen subregional, regional and international cooperation;
(f) cooperate within relevant intergovernmental organizations;
(g) determine institutional mechanisms, if appropriate, keeping in
mind the need to avoid duplication; and
(h) promote the use of existing bilateral and multilateral financial
mechanisms and arrangements that mobilize and channel substantial financial
resources to affected developing country Parties in combating desertification
and mitigating the effects of drought.
3. Affected developing country Parties are eligible for assistance in
the implementation of the Convention.
Article 5
Obligations of affected country Parties
In addition to their obligations pursuant to article 4, affected country
Parties undertake to:
(a) give due priority to combating desertification and mitigating the
effects of drought, and allocate adequate resources in accordance with their
circumstances and capabilities;
(b) establish strategies and priorities, within the framework of
sustainable development plans and/or policies, to combat desertification and
mitigate the effects of drought;
(c) address the underlying causes of desertification and pay special
attention to the socio-economic factors contributing to desertification
processes;
(d) promote awareness and facilitate the participation of local
populations, particularly women and youth, with the support of non-
governmental organizations, in efforts to combat desertification and mitigate
the effects of drought; and
(e) 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.
Article 6
Obligations of developed country Parties
In addition to their general obligations pursuant to article 4,
developed country Parties undertake to:
(a) actively support, as agreed, individually or jointly, the efforts
of affected developing country Parties, particularly those in Africa, and the
least developed countries, to combat desertification and mitigate the effects
of drought;
(b) provide substantial financial resources and other forms of support
to assist affected developing country Parties, particularly those in Africa,
effectively to develop and implement their own long-term plans and strategies
to combat desertification and mitigate the effects of drought;
(c) promote the mobilization of new and additional funding pursuant to
article 20, paragraph 2 (b);
(d) encourage the mobilization of funding from the private sector and
other non-governmental sources; and
(e) promote and facilitate access by affected country Parties,
particularly affected developing country Parties, to appropriate technology,
knowledge and know-how.
Article 7
Priority for Africa
In implementing this Convention, the Parties shall give priority to
affected African country Parties, in the light of the particular situation
prevailing in that region, while not neglecting affected developing country
Parties in other regions.
Article 8
Relationship with other conventions
1. The Parties shall encourage the coordination of activities carried
out under this Convention and, if they are Parties to them, under other
relevant international agreements, particularly the United Nations Framework
Convention on Climate Change and the Convention on Biological Diversity, in
order to derive maximum benefit from activities under each agreement while
avoiding duplication of effort. The Parties shall encourage the conduct of
joint programmes, particularly in the fields of research, training, systematic
observation and information collection and exchange, to the extent that such
activities may contribute to achieving the objectives of the agreements
concerned.
2. The provisions of this Convention shall not affect the rights and
obligations of any Party deriving from a bilateral, regional or international
agreement into which it has entered prior to the entry into force of this
Convention for it.
PART III
ACTION PROGRAMMES, SCIENTIFIC AND TECHNICAL COOPERATION
AND SUPPORTING MEASURES
Section 1: Action programmes
Article 9
Basic approach
1. In carrying out their obligations pursuant to article 5, affected
developing country Parties and any other affected country Party in the
framework of its regional implementation annex or, otherwise, that has
notified the Permanent Secretariat in writing of its intention to prepare a
national action programme, shall, as appropriate, prepare, make public and
implement national action programmes, utilizing and building, to the extent
possible, on existing relevant successful plans and programmes, and
subregional and regional action programmes, as the central element of the
strategy to combat desertification and mitigate the effects of drought. Such
programmes shall be updated through a continuing participatory process on the
basis of lessons from field action, as well as the results of research. The
preparation of national action programmes shall be closely interlinked with
other efforts to formulate national policies for sustainable development.
2. In the provision by developed country Parties of different forms
of assistance under the terms of article 6, priority shall be given to
supporting, as agreed, national, subregional and regional action programmes of
affected developing country Parties, particularly those in Africa, either
directly or through relevant multilateral organizations or both.
3. The Parties shall encourage organs, funds and programmes of the
United Nations system and other relevant intergovernmental organizations,
academic institutions, the scientific community and non-governmental
organizations in a position to cooperate, in accordance with their mandates
and capabilities, to support the elaboration, implementation and follow-up of
action programmes.
Article 10
National action programmes
1. The purpose of national action programmes is to identify the
factors contributing to desertification and practical measures necessary to
combat desertification and mitigate the effects of drought.
2. National action programmes shall specify the respective roles of
government, local communities and land users and the resources available and
needed. They shall, inter alia:
(a) incorporate long-term strategies to combat desertification and
mitigate the effects of drought, emphasize implementation and be integrated
with national policies for sustainable development;
(b) allow for modifications to be made in response to changing
circumstances and be sufficiently flexible at the local level to cope with
different socio-economic, biological and geo-physical conditions;
(c) give particular attention to the implementation of preventive
measures for lands that are not yet degraded or which are only slightly
degraded;
(d) enhance national climatological, meteorological and hydrological
capabilities and the means to provide for drought early warning;
(e) promote policies and strengthen institutional frameworks which
develop cooperation and coordination, in a spirit of partnership, between the
donor community, governments at all levels, local populations and community
groups, and facilitate access by local populations to appropriate information
and technology;
(f) provide for effective participation at the local, national and
regional levels of non-governmental organizations and local populations, both
women and men, particularly resource users, including farmers and pastoralists
and their representative organizations, in policy planning, decision-making,
and implementation and review of national action programmes; and
(g) require regular review of, and progress reports on, their
implementation.
3. National action programmes may include, inter alia, some or all of
the following measures to prepare for and mitigate the effects of drought:
(a) establishment and/or strengthening, as appropriate, of early
warning systems, including local and national facilities and joint systems at
the subregional and regional levels, and mechanisms for assisting
environmentally displaced persons;
(b) strengthening of drought preparedness and management, including
drought contingency plans at the local, national, subregional and regional
levels, which take into consideration seasonal to interannual climate
predictions;
(c) establishment and/or strengthening, as appropriate, of food
security systems, including storage and marketing facilities, particularly in
rural areas;
(d) establishment of alternative livelihood projects that could
provide incomes in drought prone areas; and
(e) development of sustainable irrigation programmes for both crops
and livestock.
4. Taking into account the circumstances and requirements specific to
each affected country Party, national action programmes include, as
appropriate, inter alia, measures in some or all of the following priority
fields as they relate to combating desertification and mitigating the effects
of drought in affected areas and to their populations: promotion of
alternative livelihoods and improvement of national economic environments with
a view to strengthening programmes aimed at the eradication of poverty and at
ensuring food security; demographic dynamics; sustainable management of
natural resources; sustainable agricultural practices; development and
efficient use of various energy sources; institutional and legal frameworks;
strengthening of capabilities for assessment and systematic observation,
including hydrological and meteorological services, and capacity building,
education and public awareness.
Article 11
Subregional and regional action programmes
Affected country Parties shall consult and cooperate to prepare, as
appropriate, in accordance with relevant regional implementation annexes,
subregional and/or regional action programmes to harmonize, complement and
increase the efficiency of national programmes. The provisions of article 10
shall apply mutatis mutandis to subregional and regional programmes. Such
cooperation may include agreed joint programmes for the sustainable management
of transboundary natural resources, scientific and technical cooperation, and
strengthening of relevant institutions.
Article 12
International cooperation
Affected country Parties, in collaboration with other Parties and the
international community, should cooperate to ensure the promotion of an
enabling international environment in the implementation of the Convention.
Such cooperation should also cover fields of technology transfer as well as
scientific research and development, information collection and dissemination
and financial resources.
Article 13
Support for the elaboration and
implementation of action programmes
1. Measures to support action programmes pursuant to article 9
include, inter alia:
(a) financial cooperation to provide predictability for action
programmes, allowing for necessary long-term planning;
(b) elaboration and use of cooperation mechanisms which better enable
support at the local level, including action through non-governmental
organizations, in order to promote the replicability of successful pilot
programme activities where relevant;
(c) increased flexibility in project design, funding and
implementation in keeping with the experimental, iterative approach indicated
for participatory action at the local community level; and
(d) as appropriate, administrative and budgetary procedures that
increase the efficiency of cooperation and of support programmes.
2. In providing such support to affected developing country Parties,
priority shall be given to African country Parties and to least developed
country Parties.
Article 14
Coordination in the elaboration and implementation
of action programmes
1. The Parties shall work closely together, directly and through
relevant intergovernmental organizations, in the elaboration and
implementation of action programmes.
2. The Parties shall develop operational mechanisms, particularly at
the national and field levels, to ensure the fullest possible coordination
among developed country Parties, developing country Parties and relevant
intergovernmental and non-governmental organizations, in order to avoid
duplication, harmonize interventions and approaches, and maximize the impact
of assistance. In affected developing country Parties, priority will be given
to coordinating activities related to international cooperation in order to
maximize the efficient use of resources, to ensure responsive assistance, and
to facilitate the implementation of national action programmes and priorities
under this Convention.
Article 15
Regional implementation annexes
Elements for incorporation in action programmes shall be selected and
adapted to the socio-economic, geographical and climatic factors applicable to
affected country Parties or regions, as well as to their level of development.
Guidelines for the preparation of action programmes and their exact focus and
content for particular subregions and regions are set out in the regional
implementation annexes.
Section 2: Scientific and technical cooperation
Article 16
Information collection, analysis and exchange
The Parties agree, according to their respective capabilities, to
integrate and coordinate the collection, analysis and exchange of relevant
short term and long term data and information to ensure systematic observation
of land degradation in affected areas and to understand better and assess the
processes and effects of drought and desertification. This would help
accomplish, inter alia, early warning and advance planning for periods of
adverse climatic variation in a form suited for practical application by users
at all levels, including especially local populations. To this end, they
shall, as appropriate:
(a) facilitate and strengthen the functioning of the global network of
institutions and facilities for the collection, analysis and exchange of
information, as well as for systematic observation at all levels, which shall,
inter alia:
(i) aim to use compatible standards and systems;
(ii) encompass relevant data and stations, including in
remote areas;
(iii) use and disseminate modern technology for data
collection, transmission and assessment on land degradation; and
(iv) link national, subregional and regional data and
information centres more closely with global information sources;
(b) ensure that the collection, analysis and exchange of information
address the needs of local communities and those of decision makers, with a
view to resolving specific problems, and that local communities are involved
in these activities;
(c) support and further develop bilateral and multilateral programmes
and projects aimed at defining, conducting, assessing and financing the
collection, analysis and exchange of data and information, including, inter
alia, integrated sets of physical, biological, social and economic indicators;
(d) make full use of the expertise of competent intergovernmental and
non-governmental organizations, particularly to disseminate relevant
information and experiences among target groups in different regions;
(e) give full weight to the collection, analysis and exchange of
socio-economic data, and their integration with physical and biological data;
(f) exchange and make fully, openly and promptly available information
from all publicly available sources relevant to combating desertification and
mitigating the effects of drought; and
(g) subject to their respective national legislation and/or policies,
exchange information on local and traditional knowledge, ensuring adequate
protection for it and providing appropriate return from the benefits derived
from it, on an equitable basis and on mutually agreed terms, to the local
populations concerned.
Article 17
Research and development
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, subregional, regional and international institutions. To this end,
they shall support research activities that:
(a) contribute to increased knowledge of the processes leading to
desertification and drought and the impact of, and distinction between, causal
factors, both natural and human, with a view to combating desertification and
mitigating the effects of drought, and achieving improved productivity as well
as sustainable use and management of resources;
(b) respond to well defined objectives, address the specific needs of
local populations and lead to the identification and implementation of
solutions that improve the living standards of people in affected areas;
(c) 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;
(d) develop and strengthen national, subregional and regional research
capabilities in affected developing country Parties, particularly in Africa,
including the development of local skills and the strengthening of appropriate
capacities, especially in countries with a weak research base, giving
particular attention to multidisciplinary and participative socio-economic
research;
(e) take into account, where relevant, the relationship between
poverty, migration caused by environmental factors, and desertification;
(f) promote the conduct of joint research programmes between national,
subregional, regional and international research organizations, in both the
public and private sectors, for the development of improved, affordable and
accessible technologies for sustainable development through effective
participation of local populations and communities; and
(g) enhance the availability of water resources in affected areas, by
means of, inter alia, cloud-seeding.
2. Research priorities for particular regions and subregions,
reflecting different local conditions, should be included in action
programmes. The Conference of the Parties shall review research priorities
periodically on the advice of the Committee on Science and Technology.
Article 18
Transfer, acquisition, adaptation and development of technology
1. 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 Parties shall, in particular:
(a) fully utilize relevant existing national, subregional, 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;
(b) facilitate access, in particular by affected developing country
Parties, on favourable terms, including on concessional and preferential
terms, as mutually agreed, taking into account the need to protect
intellectual property rights, to technologies most suitable to practical
application for specific needs of local populations, paying special attention
to the social, cultural, economic and environmental impact of such technology;
(c) facilitate technology cooperation among affected country Parties
through financial assistance or other appropriate means;
(d) extend technology cooperation with affected developing country
Parties, including, where relevant, joint ventures, especially to sectors
which foster alternative livelihoods; and
(e) take appropriate measures to create domestic market conditions and
incentives, fiscal or otherwise, conducive to the development, transfer,
acquisition and adaptation of suitable technology, knowledge, know-how and
practices, including measures to ensure adequate and effective protection of
intellectual property rights.
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:
(a) 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;
(b) 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;
(c) 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
(d) facilitate, as appropriate, the adaptation of such technology,
knowledge, know-how and practices to wide use and integrate them with modern
technology, as appropriate.
Section 3: Supporting measures
Article 19
Capacity building, education and public awareness
1. The Parties recognize 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. They shall promote, as appropriate,
capacity-building:
(a) through the full participation at all levels of local people,
particularly at the local level, especially women and youth, with the
cooperation of non-governmental and local organizations;
(b) by strengthening training and research capacity at the national
level in the field of desertification and drought;
(c) by establishing and/or strengthening support and extension
services to disseminate relevant technology methods and techniques more
effectively, and by training field agents and members of rural organizations
in participatory approaches for the conservation and sustainable use of
natural resources;
(d) by fostering the use and dissemination of the knowledge, know-how
and practices of local people in technical cooperation programmes, wherever
possible;
(e) by adapting, where necessary, relevant environmentally sound
technology and traditional methods of agriculture and pastoralism to modern
socio-economic conditions;
(f) by 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;
(g) through cooperation, as mutually agreed, to strengthen the
capacity of affected developing country Parties to develop and implement
programmes in the field of collection, analysis and exchange of information
pursuant to article 16;
(h) through innovative ways of promoting alternative livelihoods,
including training in new skills;
(i) by training of decision makers, managers, and personnel who are
responsible for the collection and analysis of data for the dissemination and
use of early warning information on drought conditions and for food
production;
(j) through more effective operation of existing national institutions
and legal frameworks and, where necessary, creation of new ones, along with
strengthening of strategic planning and management; and
(k) by means of exchange visitor programmes to enhance capacity
building in affected country Parties through a long-term, interactive process
of learning and study.
2. Affected developing country Parties shall conduct, in cooperation
with other Parties and competent intergovernmental and non-governmental
organizations, as appropriate, an interdisciplinary review of available
capacity and facilities at the local and national levels, and the potential
for strengthening them.
3. 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. To that
end, they shall:
(a) organize awareness campaigns for the general public;
(b) promote, on a permanent basis, access by the public to relevant
information, and wide public participation in education and awareness
activities;
(c) encourage the establishment of associations that contribute to
public awareness;
(d) develop and exchange educational and public awareness material,
where possible in local languages, exchange and second experts to train
personnel of affected developing country Parties in carrying out relevant
education and awareness programmes, and fully utilize relevant educational
material available in competent international bodies;
(e) assess educational needs in affected areas, elaborate appropriate
school curricula and expand, as needed, educational and adult literacy
programmes and opportunities for all, in particular for girls and women, on
the identification, conservation and sustainable use and management of the
natural resources of affected areas; and
(f) develop interdisciplinary participatory programmes integrating
desertification and drought awareness into educational systems and in non-
formal, adult, distance and practical educational programmes.
4. The Conference of the Parties shall establish and/or strengthen
networks of regional education and training centres to combat desertification
and mitigate the effects of drought. These networks shall be coordinated by
an institution created or designated for that purpose, in order to train
scientific, technical and management personnel and to strengthen existing
institutions responsible for education and training in affected country
Parties, where appropriate, with a view to harmonizing programmes and to
organizing exchanges of experience among them. These networks shall cooperate
closely with relevant intergovernmental and non-governmental organizations to
avoid duplication of effort.
Article 20
Financial resources
1. Given the central importance of financing to the achievement of
the objective of the Convention, the Parties, taking into account their
capabilities, shall make every effort to ensure that adequate financial
resources are available for programmes to combat desertification and mitigate
the effects of drought.
2. In this connection, developed country Parties, while giving
priority to affected African country Parties without neglecting affected
developing country Parties in other regions, in accordance with article 7,
undertake to:
(a) mobilize substantial financial resources, including grants and
concessional loans, in order to support the implementation of programmes to
combat desertification and mitigate the effects of drought;
(b) promote the mobilization of adequate, timely and predictable
financial resources, including new and additional funding from the Global
Environment Facility of the agreed incremental costs of those activities
concerning desertification that relate to its four focal areas, in conformity
with the relevant provisions of the Instrument establishing the Global
Environment Facility;
(c) facilitate through international cooperation the transfer of
technology, knowledge and know-how; and
(d) explore, in cooperation with affected developing country Parties,
innovative methods and incentives for mobilizing and channelling resources,
including those of foundations, non-governmental organizations and other
private sector entities, particularly debt swaps and other innovative means
which increase financing by reducing the external debt burden of affected
developing country Parties, particularly those in Africa.
3. Affected developing country Parties, taking into account their
capabilities, undertake to mobilize adequate financial resources for the
implementation of their national action programmes.
4. In mobilizing financial resources, the Parties shall seek full use
and continued qualitative improvement of all national, bilateral and
multilateral funding sources and mechanisms, using consortia, joint programmes
and parallel financing, and shall seek to involve private sector funding
sources and mechanisms, including those of non-governmental organizations. To
this end, the Parties shall fully utilize the operational mechanisms developed
pursuant to article 14.
5. In order to mobilize the financial resources necessary for
affected developing country Parties to combat desertification and mitigate the
effects of drought, the Parties shall:
(a) rationalize and strengthen the management of resources already
allocated for combating desertification and mitigating the effects of drought
by using them more effectively and efficiently, assessing their successes and
shortcomings, removing hindrances to their effective use and, where necessary,
reorienting programmes in light of the integrated long-term approach adopted
pursuant to this Convention;
(b) give due priority and attention within the governing bodies of
multilateral financial institutions, facilities and funds, including regional
development banks and funds, to supporting affected developing country
Parties, particularly those in Africa, in activities which advance
implementation of the Convention, notably action programmes they undertake in
the framework of regional implementation annexes; and
(c) examine ways in which regional and subregional cooperation can be
strengthened to support efforts undertaken at the national level.
6. Other Parties are encouraged to provide, on a voluntary basis,
knowledge, know-how and techniques related to desertification and/or financial
resources to affected developing country Parties.
7. The full implementation by affected developing country Parties,
particularly those in Africa, of their obligations under the Convention will
be greatly assisted by the fulfilment by developed country Parties of their
obligations under the Convention, including in particular those regarding
financial resources and transfer of technology. In fulfilling their
obligations, developed country Parties should take fully into account that
economic and social development and poverty eradication are the first
priorities of affected developing country Parties, particularly those in
Africa.
Article 21
Financial mechanisms
1. The Conference of the Parties shall promote the availability of
financial mechanisms and shall encourage such mechanisms to seek to maximize
the availability of funding for affected developing country Parties,
particularly those in Africa, to implement the Convention. To this end, the
Conference of the Parties shall consider for adoption inter alia approaches
and policies that:
(a) facilitate the provision of necessary funding at the national,
subregional, regional and global levels for activities pursuant to relevant
provisions of the Convention;
(b) promote multiple-source funding approaches, mechanisms and
arrangements and their assessment, consistent with article 20;
(c) provide on a regular basis, to interested Parties and relevant
intergovernmental and non-governmental organizations, information on available
sources of funds and on funding patterns in order to facilitate coordination
among them;
(d) facilitate the establishment, as appropriate, of mechanisms, such
as national desertification funds, including those involving the participation
of non-governmental organizations, to channel financial resources rapidly and
efficiently to the local level in affected developing country Parties; and
(e) strengthen existing funds and financial mechanisms at the
subregional and regional levels, particularly in Africa, to support more
effectively the implementation of the Convention.
2. The Conference of the Parties shall also encourage the provision,
through various mechanisms within the United Nations system and through
multilateral financial institutions, of support at the national, subregional
and regional levels to activities that enable developing country Parties to
meet their obligations under the Convention.
3. Affected developing country Parties shall utilize, and where
necessary, establish and/or strengthen, national coordinating mechanisms,
integrated in national development programmes, that would ensure the efficient
use of all available financial resources. They shall also utilize
participatory processes involving non-governmental organizations, local groups
and the private sector, in raising funds, in elaborating as well as
implementing programmes and in assuring access to funding by groups at the
local level. These actions can be enhanced by improved coordination and
flexible programming on the part of those providing assistance.
4. In order to increase the effectiveness and efficiency of existing
financial mechanisms, a Global Mechanism to promote actions leading to the
mobilization and channelling of substantial financial resources, including for
the transfer of technology, on a grant basis, and/or on concessional or other
terms, to affected developing country Parties, is hereby established. This
Global Mechanism shall function under the authority and guidance of the
Conference of the Parties and be accountable to it.
5. The Conference of the Parties shall identify, at its first
ordinary session, an organization to house the Global Mechanism. The
Conference of the Parties and the organization it has identified shall agree
upon modalities for this Global Mechanism to ensure inter alia that such
Mechanism:
(a) identifies and draws up an inventory of relevant bilateral and
multilateral cooperation programmes that are available to implement the
Convention;
(b) provides advice, on request, to Parties on innovative methods of
financing and sources of financial assistance and on improving the
coordination of cooperation activities at the national level;
(c) provides interested Parties and relevant intergovernmental and
non-governmental organizations with information on available sources of funds
and on funding patterns in order to facilitate coordination among them; and
(d) reports to the Conference of the Parties, beginning at its second
ordinary session, on its activities.
6. The Conference of the Parties shall, at its first session, make
appropriate arrangements with the organization it has identified to house the
Global Mechanism for the administrative operations of such Mechanism, drawing
to the extent possible on existing budgetary and human resources.
7. The Conference of the Parties shall, at its third ordinary
session, review the policies, operational modalities and activities of the
Global Mechanism accountable to it pursuant to paragraph 4, taking into
account the provisions of article 7. On the basis of this review, it shall
consider and take appropriate action.
PART IV
INSTITUTIONS
Article 22
Conference of the Parties
1. A Conference of the Parties is hereby established.
2. The Conference of the Parties is the supreme body of the
Convention. It shall make, within its mandate, the decisions necessary to
promote its effective implementation. In particular, it shall:
(a) regularly review the implementation of the Convention and the
functioning of its institutional arrangements in the light of the experience
gained at the national, subregional, regional and international levels and on
the basis of the evolution of scientific and technological knowledge;
(b) promote and facilitate the exchange of information on measures
adopted by the Parties, and determine the form and timetable for transmitting
the information to be submitted pursuant to article 26, review the reports and
make recommendations on them;
(c) establish such subsidiary bodies as are deemed necessary for the
implementation of the Convention;
(d) review reports submitted by its subsidiary bodies and provide
guidance to them;
(e) agree upon and adopt, by consensus, rules of procedure and
financial rules for itself and any subsidiary bodies;
(f) adopt amendments to the Convention pursuant to articles 30 and 31;
(g) approve a programme and budget for its activities, including those
of its subsidiary bodies, and undertake necessary arrangements for their
financing;
(h) as appropriate, seek the cooperation of, and utilize the services
of and information provided by, competent bodies or agencies, whether national
or international, intergovernmental or non-governmental;
(i) promote and strengthen the relationship with other relevant
conventions while avoiding duplication of effort; and
(j) exercise such other functions as may be necessary for the
achievement of the objective of the Convention.
3. The Conference of the Parties shall, at its first session, adopt
its own rules of procedure, by consensus, which shall include decision-making
procedures for matters not already covered by decision-making procedures
stipulated in the Convention. Such procedures may include specified
majorities required for the adoption of particular decisions.
4. The first session of the Conference of the Parties shall be
convened by the interim secretariat referred to in article 35 and shall take
place not later than one year after the date of entry into force of the
Convention. Unless otherwise decided by the Conference of the Parties, the
second, third and fourth ordinary sessions shall be held yearly, and
thereafter, ordinary sessions shall be held every two years.
5. Extraordinary sessions of the Conference of the Parties shall be
held at such other times as may be decided either by the Conference of the
Parties in ordinary session or at the written request of any Party, provided
that, within three months of the request being communicated to the Parties by
the Permanent Secretariat, it is supported by at least one third of the
Parties.
6. At each ordinary session, the Conference of the Parties shall
elect a Bureau. The structure and functions of the Bureau shall be determined
in the rules of procedure. In appointing the Bureau, due regard shall be paid
to the need to ensure equitable geographical distribution and adequate
representation of affected country Parties, particularly those in Africa.
7. The United Nations, its specialized agencies and any State member
thereof or observers thereto not Party to the Convention, may be represented
at sessions of the Conference of the Parties as observers. Any body or
agency, whether national or international, governmental or non-governmental,
which is qualified in matters covered by the Convention, and which has
informed the Permanent Secretariat of its wish to be represented at a session
of the Conference of the Parties as an observer, may be so admitted unless at
least one
third of the Parties present object. The admission and participation of
observers shall be subject to the rules of procedure adopted by the Conference
of the Parties.
8. The Conference of the Parties may request competent national and
international organizations which have relevant expertise to provide it
with information relevant to article 16, paragraph (g), article 17, paragraph
1 (c) and article 18, paragraph 2(b).
Article 23
Permanent Secretariat
1. A Permanent Secretariat is hereby established.
2. The functions of the Permanent Secretariat shall be:
(a) to make arrangements for sessions of the Conference of the Parties
and its subsidiary bodies established under the Convention and to provide them
with services as required;
(b) to compile and transmit reports submitted to it;
(c) to facilitate assistance to affected developing country Parties,
on request, particularly those in Africa, in the compilation and communication
of information required under the Convention;
(d) to coordinate its activities with the secretariats of other
relevant international bodies and conventions;
(e) to enter, under the guidance of the Conference of the Parties,
into such administrative and contractual arrangements as may be required for
the effective discharge of its functions;
(f) to prepare reports on the execution of its functions under this
Convention and present them to the Conference of the Parties; and
(g) to perform such other secretariat functions as may be determined
by the Conference of the Parties.
3. The Conference of the Parties, at its first session, shall
designate a Permanent Secretariat and make arrangements for its functioning.
Article 24
Committee on Science and Technology
1. A Committee on Science and Technology is hereby established as a
subsidiary body of the Conference of the Parties to provide it with
information and advice on scientific and technological matters relating to
combating desertification and mitigating the effects of drought. The
Committee shall meet in conjunction with the ordinary sessions of the
Conference of the Parties and shall be multidisciplinary and open to the
participation of all Parties. It shall be composed of government
representatives competent in the relevant fields of expertise. The Conference
of the Parties shall decide, at its first session, on the terms of reference
of the Committee.
2. The Conference of the Parties shall establish and maintain a
roster of independent experts with expertise and experience in the relevant
fields. The roster shall be based on nominations received in writing from the
Parties, taking into account the need for a multidisciplinary approach and
broad geographical representation.
3. The Conference of the Parties may, as necessary, appoint ad hoc
panels to provide it, through the Committee, with information and advice on
specific issues regarding the state of the art in fields of science and
technology relevant to combating desertification and mitigating the effects of
drought. These panels shall be composed of experts whose names are taken from
the roster, taking into account the need for a multidisciplinary approach and
broad geographical representation. These experts shall have scientific
backgrounds and field experience and shall be appointed by the Conference of
the Parties on the recommendation of the Committee. The Conference of the
Parties shall decide on the terms of reference and the modalities of work of
these panels.
Article 25
Networking of institutions, agencies and bodies
1. The Committee on Science and Technology shall, under the
supervision of the Conference of the Parties, make provision for the
undertaking of a survey and evaluation of the relevant existing networks,
institutions, agencies and bodies willing to become units of a network. Such
a network shall support the implementation of the Convention.
2. On the basis of the results of the survey and evaluation referred
to in paragraph 1, the Committee on Science and Technology shall make
recommendations to the Conference of the Parties on ways and means to
facilitate and strengthen networking of the units at the local, national and
other levels, with a view to ensuring that the thematic needs set out in
articles 16 to 19 are addressed.
3. Taking into account these recommendations, the Conference of the
Parties shall:
(a) identify those national, subregional, regional and international
units that are most appropriate for networking, and recommend operational
procedures, and a time frame, for them; and
(b) identify the units best suited to facilitating and strengthening
such networking at all levels.
PART V
PROCEDURES
Article 26
Communication of information
1. Each Party shall communicate to the Conference of the Parties for
consideration at its ordinary se
ELABORATION OF AN INTERNATIONAL CONVENTION TO COMBAT DESERTIFICATION
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GENERAL
A/AC.241/27
12 September 1994
ENGLISH
Original: ENGLISH
INTERGOVERNMENTAL NEGOTIATING COMMITTEE FOR
THE ELABORATION OF AN INTERNATIONAL CONVENTION
TO COMBAT DESERTIFICATION IN THOSE COUNTRIES
EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
ELABORATION OF AN INTERNATIONAL CONVENTION TO COMBAT DESERTIFICATION
IN COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR DESERTIFICATION,
PARTICULARLY IN AFRICA
Final text of the Convention
Note by the Secretariat
Attached is the final text of the United Nations Convention to Combat
Desertification in Those Countries Experiencing Serious Drought and/or
Desertification, Particularly in Africa, following completion of the
verification processes as requested by the INCD upon adoption of the
Convention at its fifth session, on 17 June 1994.
The final text has been forwarded to the Office of Legal Affairs of the
United Nations, which acts as Depositary, in order to prepare for the signing
ceremony to be held in Paris, on 14-15 October 1994.
UNITED NATIONS CONVENTION TO COMBAT DESERTIFICATION
IN THOSE COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
The Parties to this Convention,
Affirming that human beings in affected or threatened areas are at the
centre of concerns to combat desertification and mitigate the effects of
drought,
Reflecting the urgent concern of the international community, including
States and international organizations, about the adverse impacts of
desertification and drought,
Aware that arid, semi-arid and dry sub-humid areas together account for
a significant proportion of the Earth's land area and are the habitat and
source of livelihood for a large segment of its population,
Acknowledging that desertification and drought are problems of global
dimension in that they affect all regions of the world and that joint action
of the international community is needed to combat desertification and/or
mitigate the effects of drought,
Noting the high concentration of developing countries, notably the least
developed countries, among those experiencing serious drought and/or
desertification, and the particularly tragic consequences of these phenomena
in Africa,
Noting also that desertification is caused by complex interactions among
physical, biological, political, social, cultural and economic factors,
Considering the impact of trade and relevant aspects of international
economic relations on the ability of affected countries to combat
desertification adequately,
Conscious that sustainable economic growth, social development and
poverty eradication are priorities of affected developing countries,
particularly in Africa, and are essential to meeting sustainability
objectives,
Mindful that desertification and drought affect sustainable development
through their interrelationships with important social problems such as
poverty, poor health and nutrition, lack of food security, and those arising
from migration, displacement of persons and demographic dynamics,
Appreciating the significance of the past efforts and experience of
States and international organizations in combating desertification and
mitigating the effects of drought, particularly in implementing the Plan of
Action to Combat Desertification which was adopted at the United Nations
Conference on Desertification in 1977,
Realizing that, despite efforts in the past, progress in combating
desertification and mitigating the effects of drought has not met expectations
and that a new and more effective approach is needed at all levels within the
framework of sustainable development,
Recognizing the validity and relevance of decisions adopted at the
United Nations Conference on Environment and Development, particularly of
Agenda 21 and its chapter 12, which provide a basis for combating
desertification,
Reaffirming in this light the commitments of developed countries as
contained in paragraph 13 of chapter 33 of Agenda 21,
Recalling General Assembly resolution 47/188, particularly the priority
in it prescribed for Africa, and all other relevant United Nations
resolutions, decisions and programmes on desertification and drought, as well
as relevant declarations by African countries and those from other regions,
Reaffirming the Rio Declaration on Environment and Development which
states, in its Principle 2, that States have, in accordance with the Charter
of the United Nations and the principles of international law, the sovereign
right to exploit their own resources pursuant to their own environmental and
developmental policies, and the responsibility to ensure that activities
within their jurisdiction or control do not cause damage to the environment of
other States or of areas beyond the limits of national jurisdiction,
Recognizing that national Governments play a critical role in combating
desertification and mitigating the effects of drought and that progress in
that respect depends on local implementation of action programmes in affected
areas,
Recognizing also the importance and necessity of international
cooperation and partnership in combating desertification and mitigating the
effects of drought,
Recognizing further the importance of the provision to affected
developing countries, particularly in Africa, of effective means, inter alia
substantial financial resources, including new and additional funding, and
access to technology, without which it will be difficult for them to implement
fully their commitments under this Convention,
Expressing concern over the impact of desertification and drought on
affected countries in Central Asia and the Transcaucasus,
Stressing the important role played by women in regions affected by
desertification and/or drought, particularly in rural areas of developing
countries, and the importance of ensuring the full participation of both men
and women at all levels in programmes to combat desertification and mitigate
the effects of drought,
Emphasizing the special role of non-governmental organizations and other
major groups in programmes to combat desertification and mitigate the effects
of drought,
Bearing in mind the relationship between desertification and other
environmental problems of global dimension facing the international and
national communities,
Bearing also in mind the contribution that combating desertification can
make to achieving the objectives of the United Nations Framework Convention on
Climate Change, the Convention on Biological Diversity and other related
environmental conventions,
Believing that strategies to combat desertification and mitigate the
effects of drought will be most effective if they are based on sound
systematic observation and rigorous scientific knowledge and if they are
continuously re-evaluated,
Recognizing the urgent need to improve the effectiveness and
coordination of international cooperation to facilitate the implementation of
national plans and priorities,
Determined to take appropriate action in combating desertification and
mitigating the effects of drought for the benefit of present and future
generations,
Have agreed as follows:
PART I
INTRODUCTION
Article 1
Use of terms
For the purposes of this Convention:
(a) "desertification" means land degradation in arid, semi-arid and
dry sub-humid areas resulting from various factors, including climatic
variations and human activities;
(b) "combating desertification" includes activities which are part of
the integrated development of land in arid, semi-arid and dry sub-humid areas
for sustainable development which are aimed at:
(i) prevention and/or reduction of land degradation;
(ii) rehabilitation of partly degraded land; and
(iii) reclamation of desertified land;
(c) "drought" means the naturally occurring phenomenon that exists
when precipitation has been significantly below normal recorded levels,
causing serious hydrological imbalances that adversely affect land resource
production systems;
(d) "mitigating the effects of drought" means activities related to
the prediction of drought and intended to reduce the vulnerability of society
and natural systems to drought as it relates to combating desertification;
(e) "land" means the terrestrial bio-productive system that comprises
soil, vegetation, other biota, and the ecological and hydrological processes
that operate within the system;
(f) "land degradation" means reduction or loss, in arid, semi-arid and
dry sub-humid areas, of the biological or economic productivity and complexity
of rainfed cropland, irrigated cropland, or range, pasture, forest and
woodlands resulting from land uses or from a process or combination of
processes, including processes arising from human activities and habitation
patterns, such as:
(i) soil erosion caused by wind and/or water;
(ii) deterioration of the physical, chemical and biological
or economic properties of soil; and
(iii) long-term loss of natural vegetation;
(g) "arid, semi-arid and dry sub-humid areas" means areas, other than
polar and sub-polar regions, in which the ratio of annual precipitation to
potential evapotranspiration falls within the range from 0.05 to 0.65;
(h) "affected areas" means arid, semi-arid and/or dry sub-humid areas
affected or threatened by desertification;
(i) "affected countries" means countries whose lands include, in whole
or in part, affected areas;
(j) "regional economic integration organization" means an organization
constituted by sovereign States of a given region which has competence in
respect of matters governed by this Convention and has been duly authorized,
in accordance with its internal procedures, to sign, ratify, accept, approve
or accede to this Convention;
(k) "developed country Parties" means developed country Parties and
regional economic integration organizations constituted by developed
countries.
Article 2
Objective
1. The objective of this Convention is to combat desertification and
mitigate the effects of drought in countries experiencing serious drought
and/or desertification, particularly in Africa, through effective action at
all levels, supported by international cooperation and partnership
arrangements, in the framework of an integrated approach which is consistent
with Agenda 21, with a view to contributing to the achievement of sustainable
development in affected areas.
2. Achieving this objective will involve long-term integrated
strategies that focus simultaneously, in affected areas, on improved
productivity of land, and the rehabilitation, conservation and sustainable
management of land and water resources, leading to improved living conditions,
in particular at the community level.
Article 3
Principles
In order to achieve the objective of this Convention and to implement
its provisions, the Parties shall be guided, inter alia, by the following:
(a) the Parties should ensure that decisions on the design and
implementation of programmes to combat desertification and/or mitigate the
effects of drought are taken with the participation of populations and local
communities and that an enabling environment is created at higher levels to
facilitate action at national and local levels;
(b) the Parties should, in a spirit of international solidarity and
partnership, improve cooperation and coordination at subregional, regional and
international levels, and better focus financial, human, organizational and
technical resources where they are needed;
(c) the Parties should develop, in a spirit of partnership,
cooperation among all levels of government, communities, non-governmental
organizations and landholders to establish a better understanding of the
nature and value of land and scarce water resources in affected areas and to
work towards their sustainable use; and
(d) the Parties should take into full consideration the special needs
and circumstances of affected developing country Parties, particularly the
least developed among them.
PART II
GENERAL PROVISIONS
Article 4
General obligations
1. The Parties shall implement their obligations under this
Convention, individually or jointly, either through existing or prospective
bilateral and multilateral arrangements or a combination thereof, as
appropriate, emphasizing the need to coordinate efforts and develop a coherent
long-term strategy at all levels.
2. In pursuing the objective of this Convention, the Parties shall:
(a) adopt an integrated approach addressing the physical, biological
and socio-economic aspects of the processes of desertification and drought;
(b) give due attention, within the relevant international and regional
bodies, to the situation of affected developing country Parties with regard to
international trade, marketing arrangements and debt with a view to
establishing an enabling international economic environment conducive to the
promotion of sustainable development;
(c) integrate strategies for poverty eradication into efforts to
combat desertification and mitigate the effects of drought;
(d) promote cooperation among affected country Parties in the fields
of environmental protection and the conservation of land and water resources,
as they relate to desertification and drought;
(e) strengthen subregional, regional and international cooperation;
(f) cooperate within relevant intergovernmental organizations;
(g) determine institutional mechanisms, if appropriate, keeping in
mind the need to avoid duplication; and
(h) promote the use of existing bilateral and multilateral financial
mechanisms and arrangements that mobilize and channel substantial financial
resources to affected developing country Parties in combating desertification
and mitigating the effects of drought.
3. Affected developing country Parties are eligible for assistance in
the implementation of the Convention.
Article 5
Obligations of affected country Parties
In addition to their obligations pursuant to article 4, affected country
Parties undertake to:
(a) give due priority to combating desertification and mitigating the
effects of drought, and allocate adequate resources in accordance with their
circumstances and capabilities;
(b) establish strategies and priorities, within the framework of
sustainable development plans and/or policies, to combat desertification and
mitigate the effects of drought;
(c) address the underlying causes of desertification and pay special
attention to the socio-economic factors contributing to desertification
processes;
(d) promote awareness and facilitate the participation of local
populations, particularly women and youth, with the support of non-
governmental organizations, in efforts to combat desertification and mitigate
the effects of drought; and
(e) 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.
Article 6
Obligations of developed country Parties
In addition to their general obligations pursuant to article 4,
developed country Parties undertake to:
(a) actively support, as agreed, individually or jointly, the efforts
of affected developing country Parties, particularly those in Africa, and the
least developed countries, to combat desertification and mitigate the effects
of drought;
(b) provide substantial financial resources and other forms of support
to assist affected developing country Parties, particularly those in Africa,
effectively to develop and implement their own long-term plans and strategies
to combat desertification and mitigate the effects of drought;
(c) promote the mobilization of new and additional funding pursuant to
article 20, paragraph 2 (b);
(d) encourage the mobilization of funding from the private sector and
other non-governmental sources; and
(e) promote and facilitate access by affected country Parties,
particularly affected developing country Parties, to appropriate technology,
knowledge and know-how.
Article 7
Priority for Africa
In implementing this Convention, the Parties shall give priority to
affected African country Parties, in the light of the particular situation
prevailing in that region, while not neglecting affected developing country
Parties in other regions.
Article 8
Relationship with other conventions
1. The Parties shall encourage the coordination of activities carried
out under this Convention and, if they are Parties to them, under other
relevant international agreements, particularly the United Nations Framework
Convention on Climate Change and the Convention on Biological Diversity, in
order to derive maximum benefit from activities under each agreement while
avoiding duplication of effort. The Parties shall encourage the conduct of
joint programmes, particularly in the fields of research, training, systematic
observation and information collection and exchange, to the extent that such
activities may contribute to achieving the objectives of the agreements
concerned.
2. The provisions of this Convention shall not affect the rights and
obligations of any Party deriving from a bilateral, regional or international
agreement into which it has entered prior to the entry into force of this
Convention for it.
PART III
ACTION PROGRAMMES, SCIENTIFIC AND TECHNICAL COOPERATION
AND SUPPORTING MEASURES
Section 1: Action programmes
Article 9
Basic approach
1. In carrying out their obligations pursuant to article 5, affected
developing country Parties and any other affected country Party in the
framework of its regional implementation annex or, otherwise, that has
notified the Permanent Secretariat in writing of its intention to prepare a
national action programme, shall, as appropriate, prepare, make public and
implement national action programmes, utilizing and building, to the extent
possible, on existing relevant successful plans and programmes, and
subregional and regional action programmes, as the central element of the
strategy to combat desertification and mitigate the effects of drought. Such
programmes shall be updated through a continuing participatory process on the
basis of lessons from field action, as well as the results of research. The
preparation of national action programmes shall be closely interlinked with
other efforts to formulate national policies for sustainable development.
2. In the provision by developed country Parties of different forms
of assistance under the terms of article 6, priority shall be given to
supporting, as agreed, national, subregional and regional action programmes of
affected developing country Parties, particularly those in Africa, either
directly or through relevant multilateral organizations or both.
3. The Parties shall encourage organs, funds and programmes of the
United Nations system and other relevant intergovernmental organizations,
academic institutions, the scientific community and non-governmental
organizations in a position to cooperate, in accordance with their mandates
and capabilities, to support the elaboration, implementation and follow-up of
action programmes.
Article 10
National action programmes
1. The purpose of national action programmes is to identify the
factors contributing to desertification and practical measures necessary to
combat desertification and mitigate the effects of drought.
2. National action programmes shall specify the respective roles of
government, local communities and land users and the resources available and
needed. They shall, inter alia:
(a) incorporate long-term strategies to combat desertification and
mitigate the effects of drought, emphasize implementation and be integrated
with national policies for sustainable development;
(b) allow for modifications to be made in response to changing
circumstances and be sufficiently flexible at the local level to cope with
different socio-economic, biological and geo-physical conditions;
(c) give particular attention to the implementation of preventive
measures for lands that are not yet degraded or which are only slightly
degraded;
(d) enhance national climatological, meteorological and hydrological
capabilities and the means to provide for drought early warning;
(e) promote policies and strengthen institutional frameworks which
develop cooperation and coordination, in a spirit of partnership, between the
donor community, governments at all levels, local populations and community
groups, and facilitate access by local populations to appropriate information
and technology;
(f) provide for effective participation at the local, national and
regional levels of non-governmental organizations and local populations, both
women and men, particularly resource users, including farmers and pastoralists
and their representative organizations, in policy planning, decision-making,
and implementation and review of national action programmes; and
(g) require regular review of, and progress reports on, their
implementation.
3. National action programmes may include, inter alia, some or all of
the following measures to prepare for and mitigate the effects of drought:
(a) establishment and/or strengthening, as appropriate, of early
warning systems, including local and national facilities and joint systems at
the subregional and regional levels, and mechanisms for assisting
environmentally displaced persons;
(b) strengthening of drought preparedness and management, including
drought contingency plans at the local, national, subregional and regional
levels, which take into consideration seasonal to interannual climate
predictions;
(c) establishment and/or strengthening, as appropriate, of food
security systems, including storage and marketing facilities, particularly in
rural areas;
(d) establishment of alternative livelihood projects that could
provide incomes in drought prone areas; and
(e) development of sustainable irrigation programmes for both crops
and livestock.
4. Taking into account the circumstances and requirements specific to
each affected country Party, national action programmes include, as
appropriate, inter alia, measures in some or all of the following priority
fields as they relate to combating desertification and mitigating the effects
of drought in affected areas and to their populations: promotion of
alternative livelihoods and improvement of national economic environments with
a view to strengthening programmes aimed at the eradication of poverty and at
ensuring food security; demographic dynamics; sustainable management of
natural resources; sustainable agricultural practices; development and
efficient use of various energy sources; institutional and legal frameworks;
strengthening of capabilities for assessment and systematic observation,
including hydrological and meteorological services, and capacity building,
education and public awareness.
Article 11
Subregional and regional action programmes
Affected country Parties shall consult and cooperate to prepare, as
appropriate, in accordance with relevant regional implementation annexes,
subregional and/or regional action programmes to harmonize, complement and
increase the efficiency of national programmes. The provisions of article 10
shall apply mutatis mutandis to subregional and regional programmes. Such
cooperation may include agreed joint programmes for the sustainable management
of transboundary natural resources, scientific and technical cooperation, and
strengthening of relevant institutions.
Article 12
International cooperation
Affected country Parties, in collaboration with other Parties and the
international community, should cooperate to ensure the promotion of an
enabling international environment in the implementation of the Convention.
Such cooperation should also cover fields of technology transfer as well as
scientific research and development, information collection and dissemination
and financial resources.
Article 13
Support for the elaboration and
implementation of action programmes
1. Measures to support action programmes pursuant to article 9
include, inter alia:
(a) financial cooperation to provide predictability for action
programmes, allowing for necessary long-term planning;
(b) elaboration and use of cooperation mechanisms which better enable
support at the local level, including action through non-governmental
organizations, in order to promote the replicability of successful pilot
programme activities where relevant;
(c) increased flexibility in project design, funding and
implementation in keeping with the experimental, iterative approach indicated
for participatory action at the local community level; and
(d) as appropriate, administrative and budgetary procedures that
increase the efficiency of cooperation and of support programmes.
2. In providing such support to affected developing country Parties,
priority shall be given to African country Parties and to least developed
country Parties.
Article 14
Coordination in the elaboration and implementation
of action programmes
1. The Parties shall work closely together, directly and through
relevant intergovernmental organizations, in the elaboration and
implementation of action programmes.
2. The Parties shall develop operational mechanisms, particularly at
the national and field levels, to ensure the fullest possible coordination
among developed country Parties, developing country Parties and relevant
intergovernmental and non-governmental organizations, in order to avoid
duplication, harmonize interventions and approaches, and maximize the impact
of assistance. In affected developing country Parties, priority will be given
to coordinating activities related to international cooperation in order to
maximize the efficient use of resources, to ensure responsive assistance, and
to facilitate the implementation of national action programmes and priorities
under this Convention.
Article 15
Regional implementation annexes
Elements for incorporation in action programmes shall be selected and
adapted to the socio-economic, geographical and climatic factors applicable to
affected country Parties or regions, as well as to their level of development.
Guidelines for the preparation of action programmes and their exact focus and
content for particular subregions and regions are set out in the regional
implementation annexes.
Section 2: Scientific and technical cooperation
Article 16
Information collection, analysis and exchange
The Parties agree, according to their respective capabilities, to
integrate and coordinate the collection, analysis and exchange of relevant
short term and long term data and information to ensure systematic observation
of land degradation in affected areas and to understand better and assess the
processes and effects of drought and desertification. This would help
accomplish, inter alia, early warning and advance planning for periods of
adverse climatic variation in a form suited for practical application by users
at all levels, including especially local populations. To this end, they
shall, as appropriate:
(a) facilitate and strengthen the functioning of the global network of
institutions and facilities for the collection, analysis and exchange of
information, as well as for systematic observation at all levels, which shall,
inter alia:
(i) aim to use compatible standards and systems;
(ii) encompass relevant data and stations, including in
remote areas;
(iii) use and disseminate modern technology for data
collection, transmission and assessment on land degradation; and
(iv) link national, subregional and regional data and
information centres more closely with global information sources;
(b) ensure that the collection, analysis and exchange of information
address the needs of local communities and those of decision makers, with a
view to resolving specific problems, and that local communities are involved
in these activities;
(c) support and further develop bilateral and multilateral programmes
and projects aimed at defining, conducting, assessing and financing the
collection, analysis and exchange of data and information, including, inter
alia, integrated sets of physical, biological, social and economic indicators;
(d) make full use of the expertise of competent intergovernmental and
non-governmental organizations, particularly to disseminate relevant
information and experiences among target groups in different regions;
(e) give full weight to the collection, analysis and exchange of
socio-economic data, and their integration with physical and biological data;
(f) exchange and make fully, openly and promptly available information
from all publicly available sources relevant to combating desertification and
mitigating the effects of drought; and
(g) subject to their respective national legislation and/or policies,
exchange information on local and traditional knowledge, ensuring adequate
protection for it and providing appropriate return from the benefits derived
from it, on an equitable basis and on mutually agreed terms, to the local
populations concerned.
Article 17
Research and development
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, subregional, regional and international institutions. To this end,
they shall support research activities that:
(a) contribute to increased knowledge of the processes leading to
desertification and drought and the impact of, and distinction between, causal
factors, both natural and human, with a view to combating desertification and
mitigating the effects of drought, and achieving improved productivity as well
as sustainable use and management of resources;
(b) respond to well defined objectives, address the specific needs of
local populations and lead to the identification and implementation of
solutions that improve the living standards of people in affected areas;
(c) 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;
(d) develop and strengthen national, subregional and regional research
capabilities in affected developing country Parties, particularly in Africa,
including the development of local skills and the strengthening of appropriate
capacities, especially in countries with a weak research base, giving
particular attention to multidisciplinary and participative socio-economic
research;
(e) take into account, where relevant, the relationship between
poverty, migration caused by environmental factors, and desertification;
(f) promote the conduct of joint research programmes between national,
subregional, regional and international research organizations, in both the
public and private sectors, for the development of improved, affordable and
accessible technologies for sustainable development through effective
participation of local populations and communities; and
(g) enhance the availability of water resources in affected areas, by
means of, inter alia, cloud-seeding.
2. Research priorities for particular regions and subregions,
reflecting different local conditions, should be included in action
programmes. The Conference of the Parties shall review research priorities
periodically on the advice of the Committee on Science and Technology.
Article 18
Transfer, acquisition, adaptation and development of technology
1. 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 Parties shall, in particular:
(a) fully utilize relevant existing national, subregional, 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;
(b) facilitate access, in particular by affected developing country
Parties, on favourable terms, including on concessional and preferential
terms, as mutually agreed, taking into account the need to protect
intellectual property rights, to technologies most suitable to practical
application for specific needs of local populations, paying special attention
to the social, cultural, economic and environmental impact of such technology;
(c) facilitate technology cooperation among affected country Parties
through financial assistance or other appropriate means;
(d) extend technology cooperation with affected developing country
Parties, including, where relevant, joint ventures, especially to sectors
which foster alternative livelihoods; and
(e) take appropriate measures to create domestic market conditions and
incentives, fiscal or otherwise, conducive to the development, transfer,
acquisition and adaptation of suitable technology, knowledge, know-how and
practices, including measures to ensure adequate and effective protection of
intellectual property rights.
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:
(a) 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;
(b) 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;
(c) 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
(d) facilitate, as appropriate, the adaptation of such technology,
knowledge, know-how and practices to wide use and integrate them with modern
technology, as appropriate.
Section 3: Supporting measures
Article 19
Capacity building, education and public awareness
1. The Parties recognize 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. They shall promote, as appropriate,
capacity-building:
(a) through the full participation at all levels of local people,
particularly at the local level, especially women and youth, with the
cooperation of non-governmental and local organizations;
(b) by strengthening training and research capacity at the national
level in the field of desertification and drought;
(c) by establishing and/or strengthening support and extension
services to disseminate relevant technology methods and techniques more
effectively, and by training field agents and members of rural organizations
in participatory approaches for the conservation and sustainable use of
natural resources;
(d) by fostering the use and dissemination of the knowledge, know-how
and practices of local people in technical cooperation programmes, wherever
possible;
(e) by adapting, where necessary, relevant environmentally sound
technology and traditional methods of agriculture and pastoralism to modern
socio-economic conditions;
(f) by 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;
(g) through cooperation, as mutually agreed, to strengthen the
capacity of affected developing country Parties to develop and implement
programmes in the field of collection, analysis and exchange of information
pursuant to article 16;
(h) through innovative ways of promoting alternative livelihoods,
including training in new skills;
(i) by training of decision makers, managers, and personnel who are
responsible for the collection and analysis of data for the dissemination and
use of early warning information on drought conditions and for food
production;
(j) through more effective operation of existing national institutions
and legal frameworks and, where necessary, creation of new ones, along with
strengthening of strategic planning and management; and
(k) by means of exchange visitor programmes to enhance capacity
building in affected country Parties through a long-term, interactive process
of learning and study.
2. Affected developing country Parties shall conduct, in cooperation
with other Parties and competent intergovernmental and non-governmental
organizations, as appropriate, an interdisciplinary review of available
capacity and facilities at the local and national levels, and the potential
for strengthening them.
3. 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. To that
end, they shall:
(a) organize awareness campaigns for the general public;
(b) promote, on a permanent basis, access by the public to relevant
information, and wide public participation in education and awareness
activities;
(c) encourage the establishment of associations that contribute to
public awareness;
(d) develop and exchange educational and public awareness material,
where possible in local languages, exchange and second experts to train
personnel of affected developing country Parties in carrying out relevant
education and awareness programmes, and fully utilize relevant educational
material available in competent international bodies;
(e) assess educational needs in affected areas, elaborate appropriate
school curricula and expand, as needed, educational and adult literacy
programmes and opportunities for all, in particular for girls and women, on
the identification, conservation and sustainable use and management of the
natural resources of affected areas; and
(f) develop interdisciplinary participatory programmes integrating
desertification and drought awareness into educational systems and in non-
formal, adult, distance and practical educational programmes.
4. The Conference of the Parties shall establish and/or strengthen
networks of regional education and training centres to combat desertification
and mitigate the effects of drought. These networks shall be coordinated by
an institution created or designated for that purpose, in order to train
scientific, technical and management personnel and to strengthen existing
institutions responsible for education and training in affected country
Parties, where appropriate, with a view to harmonizing programmes and to
organizing exchanges of experience among them. These networks shall cooperate
closely with relevant intergovernmental and non-governmental organizations to
avoid duplication of effort.
Article 20
Financial resources
1. Given the central importance of financing to the achievement of
the objective of the Convention, the Parties, taking into account their
capabilities, shall make every effort to ensure that adequate financial
resources are available for programmes to combat desertification and mitigate
the effects of drought.
2. In this connection, developed country Parties, while giving
priority to affected African country Parties without neglecting affected
developing country Parties in other regions, in accordance with article 7,
undertake to:
(a) mobilize substantial financial resources, including grants and
concessional loans, in order to support the implementation of programmes to
combat desertification and mitigate the effects of drought;
(b) promote the mobilization of adequate, timely and predictable
financial resources, including new and additional funding from the Global
Environment Facility of the agreed incremental costs of those activities
concerning desertification that relate to its four focal areas, in conformity
with the relevant provisions of the Instrument establishing the Global
Environment Facility;
(c) facilitate through international cooperation the transfer of
technology, knowledge and know-how; and
(d) explore, in cooperation with affected developing country Parties,
innovative methods and incentives for mobilizing and channelling resources,
including those of foundations, non-governmental organizations and other
private sector entities, particularly debt swaps and other innovative means
which increase financing by reducing the external debt burden of affected
developing country Parties, particularly those in Africa.
3. Affected developing country Parties, taking into account their
capabilities, undertake to mobilize adequate financial resources for the
implementation of their national action programmes.
4. In mobilizing financial resources, the Parties shall seek full use
and continued qualitative improvement of all national, bilateral and
multilateral funding sources and mechanisms, using consortia, joint programmes
and parallel financing, and shall seek to involve private sector funding
sources and mechanisms, including those of non-governmental organizations. To
this end, the Parties shall fully utilize the operational mechanisms developed
pursuant to article 14.
5. In order to mobilize the financial resources necessary for
affected developing country Parties to combat desertification and mitigate the
effects of drought, the Parties shall:
(a) rationalize and strengthen the management of resources already
allocated for combating desertification and mitigating the effects of drought
by using them more effectively and efficiently, assessing their successes and
shortcomings, removing hindrances to their effective use and, where necessary,
reorienting programmes in light of the integrated long-term approach adopted
pursuant to this Convention;
(b) give due priority and attention within the governing bodies of
multilateral financial institutions, facilities and funds, including regional
development banks and funds, to supporting affected developing country
Parties, particularly those in Africa, in activities which advance
implementation of the Convention, notably action programmes they undertake in
the framework of regional implementation annexes; and
(c) examine ways in which regional and subregional cooperation can be
strengthened to support efforts undertaken at the national level.
6. Other Parties are encouraged to provide, on a voluntary basis,
knowledge, know-how and techniques related to desertification and/or financial
resources to affected developing country Parties.
7. The full implementation by affected developing country Parties,
particularly those in Africa, of their obligations under the Convention will
be greatly assisted by the fulfilment by developed country Parties of their
obligations under the Convention, including in particular those regarding
financial resources and transfer of technology. In fulfilling their
obligations, developed country Parties should take fully into account that
economic and social development and poverty eradication are the first
priorities of affected developing country Parties, particularly those in
Africa.
Article 21
Financial mechanisms
1. The Conference of the Parties shall promote the availability of
financial mechanisms and shall encourage such mechanisms to seek to maximize
the availability of funding for affected developing country Parties,
particularly those in Africa, to implement the Convention. To this end, the
Conference of the Parties shall consider for adoption inter alia approaches
and policies that:
(a) facilitate the provision of necessary funding at the national,
subregional, regional and global levels for activities pursuant to relevant
provisions of the Convention;
(b) promote multiple-source funding approaches, mechanisms and
arrangements and their assessment, consistent with article 20;
(c) provide on a regular basis, to interested Parties and relevant
intergovernmental and non-governmental organizations, information on available
sources of funds and on funding patterns in order to facilitate coordination
among them;
(d) facilitate the establishment, as appropriate, of mechanisms, such
as national desertification funds, including those involving the participation
of non-governmental organizations, to channel financial resources rapidly and
efficiently to the local level in affected developing country Parties; and
(e) strengthen existing funds and financial mechanisms at the
subregional and regional levels, particularly in Africa, to support more
effectively the implementation of the Convention.
2. The Conference of the Parties shall also encourage the provision,
through various mechanisms within the United Nations system and through
multilateral financial institutions, of support at the national, subregional
and regional levels to activities that enable developing country Parties to
meet their obligations under the Convention.
3. Affected developing country Parties shall utilize, and where
necessary, establish and/or strengthen, national coordinating mechanisms,
integrated in national development programmes, that would ensure the efficient
use of all available financial resources. They shall also utilize
participatory processes involving non-governmental organizations, local groups
and the private sector, in raising funds, in elaborating as well as
implementing programmes and in assuring access to funding by groups at the
local level. These actions can be enhanced by improved coordination and
flexible programming on the part of those providing assistance.
4. In order to increase the effectiveness and efficiency of existing
financial mechanisms, a Global Mechanism to promote actions leading to the
mobilization and channelling of substantial financial resources, including for
the transfer of technology, on a grant basis, and/or on concessional or other
terms, to affected developing country Parties, is hereby established. This
Global Mechanism shall function under the authority and guidance of the
Conference of the Parties and be accountable to it.
5. The Conference of the Parties shall identify, at its first
ordinary session, an organization to house the Global Mechanism. The
Conference of the Parties and the organization it has identified shall agree
upon modalities for this Global Mechanism to ensure inter alia that such
Mechanism:
(a) identifies and draws up an inventory of relevant bilateral and
multilateral cooperation programmes that are available to implement the
Convention;
(b) provides advice, on request, to Parties on innovative methods of
financing and sources of financial assistance and on improving the
coordination of cooperation activities at the national level;
(c) provides interested Parties and relevant intergovernmental and
non-governmental organizations with information on available sources of funds
and on funding patterns in order to facilitate coordination among them; and
(d) reports to the Conference of the Parties, beginning at its second
ordinary session, on its activities.
6. The Conference of the Parties shall, at its first session, make
appropriate arrangements with the organization it has identified to house the
Global Mechanism for the administrative operations of such Mechanism, drawing
to the extent possible on existing budgetary and human resources.
7. The Conference of the Parties shall, at its third ordinary
session, review the policies, operational modalities and activities of the
Global Mechanism accountable to it pursuant to paragraph 4, taking into
account the provisions of article 7. On the basis of this review, it shall
consider and take appropriate action.
PART IV
INSTITUTIONS
Article 22
Conference of the Parties
1. A Conference of the Parties is hereby established.
2. The Conference of the Parties is the supreme body of the
Convention. It shall make, within its mandate, the decisions necessary to
promote its effective implementation. In particular, it shall:
(a) regularly review the implementation of the Convention and the
functioning of its institutional arrangements in the light of the experience
gained at the national, subregional, regional and international levels and on
the basis of the evolution of scientific and technological knowledge;
(b) promote and facilitate the exchange of information on measures
adopted by the Parties, and determine the form and timetable for transmitting
the information to be submitted pursuant to article 26, review the reports and
make recommendations on them;
(c) establish such subsidiary bodies as are deemed necessary for the
implementation of the Convention;
(d) review reports submitted by its subsidiary bodies and provide
guidance to them;
(e) agree upon and adopt, by consensus, rules of procedure and
financial rules for itself and any subsidiary bodies;
(f) adopt amendments to the Convention pursuant to articles 30 and 31;
(g) approve a programme and budget for its activities, including those
of its subsidiary bodies, and undertake necessary arrangements for their
financing;
(h) as appropriate, seek the cooperation of, and utilize the services
of and information provided by, competent bodies or agencies, whether national
or international, intergovernmental or non-governmental;
(i) promote and strengthen the relationship with other relevant
conventions while avoiding duplication of effort; and
(j) exercise such other functions as may be necessary for the
achievement of the objective of the Convention.
3. The Conference of the Parties shall, at its first session, adopt
its own rules of procedure, by consensus, which shall include decision-making
procedures for matters not already covered by decision-making procedures
stipulated in the Convention. Such procedures may include specified
majorities required for the adoption of particular decisions.
4. The first session of the Conference of the Parties shall be
convened by the interim secretariat referred to in article 35 and shall take
place not later than one year after the date of entry into force of the
Convention. Unless otherwise decided by the Conference of the Parties, the
second, third and fourth ordinary sessions shall be held yearly, and
thereafter, ordinary sessions shall be held every two years.
5. Extraordinary sessions of the Conference of the Parties shall be
held at such other times as may be decided either by the Conference of the
Parties in ordinary session or at the written request of any Party, provided
that, within three months of the request being communicated to the Parties by
the Permanent Secretariat, it is supported by at least one third of the
Parties.
6. At each ordinary session, the Conference of the Parties shall
elect a Bureau. The structure and functions of the Bureau shall be determined
in the rules of procedure. In appointing the Bureau, due regard shall be paid
to the need to ensure equitable geographical distribution and adequate
representation of affected country Parties, particularly those in Africa.
7. The United Nations, its specialized agencies and any State member
thereof or observers thereto not Party to the Convention, may be represented
at sessions of the Conference of the Parties as observers. Any body or
agency, whether national or international, governmental or non-governmental,
which is qualified in matters covered by the Convention, and which has
informed the Permanent Secretariat of its wish to be represented at a session
of the Conference of the Parties as an observer, may be so admitted unless at
least one
third of the Parties present object. The admission and participation of
observers shall be subject to the rules of procedure adopted by the Conference
of the Parties.
8. The Conference of the Parties may request competent national and
international organizations which have relevant expertise to provide it
with information relevant to article 16, paragraph (g), article 17, paragraph
1 (c) and article 18, paragraph 2(b).
Article 23
Permanent Secretariat
1. A Permanent Secretariat is hereby established.
2. The functions of the Permanent Secretariat shall be:
(a) to make arrangements for sessions of the Conference of the Parties
and its subsidiary bodies established under the Convention and to provide them
with services as required;
(b) to compile and transmit reports submitted to it;
(c) to facilitate assistance to affected developing country Parties,
on request, particularly those in Africa, in the compilation and communication
of information required under the Convention;
(d) to coordinate its activities with the secretariats of other
relevant international bodies and conventions;
(e) to enter, under the guidance of the Conference of the Parties,
into such administrative and contractual arrangements as may be required for
the effective discharge of its functions;
(f) to prepare reports on the execution of its functions under this
Convention and present them to the Conference of the Parties; and
(g) to perform such other secretariat functions as may be determined
by the Conference of the Parties.
3. The Conference of the Parties, at its first session, shall
designate a Permanent Secretariat and make arrangements for its functioning.
Article 24
Committee on Science and Technology
1. A Committee on Science and Technology is hereby established as a
subsidiary body of the Conference of the Parties to provide it with
information and advice on scientific and technological matters relating to
combating desertification and mitigating the effects of drought. The
Committee shall meet in conjunction with the ordinary sessions of the
Conference of the Parties and shall be multidisciplinary and open to the
participation of all Parties. It shall be composed of government
representatives competent in the relevant fields of expertise. The Conference
of the Parties shall decide, at its first session, on the terms of reference
of the Committee.
2. The Conference of the Parties shall establish and maintain a
roster of independent experts with expertise and experience in the relevant
fields. The roster shall be based on nominations received in writing from the
Parties, taking into account the need for a multidisciplinary approach and
broad geographical representation.
3. The Conference of the Parties may, as necessary, appoint ad hoc
panels to provide it, through the Committee, with information and advice on
specific issues regarding the state of the art in fields of science and
technology relevant to combating desertification and mitigating the effects of
drought. These panels shall be composed of experts whose names are taken from
the roster, taking into account the need for a multidisciplinary approach and
broad geographical representation. These experts shall have scientific
backgrounds and field experience and shall be appointed by the Conference of
the Parties on the recommendation of the Committee. The Conference of the
Parties shall decide on the terms of reference and the modalities of work of
these panels.
Article 25
Networking of institutions, agencies and bodies
1. The Committee on Science and Technology shall, under the
supervision of the Conference of the Parties, make provision for the
undertaking of a survey and evaluation of the relevant existing networks,
institutions, agencies and bodies willing to become units of a network. Such
a network shall support the implementation of the Convention.
2. On the basis of the results of the survey and evaluation referred
to in paragraph 1, the Committee on Science and Technology shall make
recommendations to the Conference of the Parties on ways and means to
facilitate and strengthen networking of the units at the local, national and
other levels, with a view to ensuring that the thematic needs set out in
articles 16 to 19 are addressed.
3. Taking into account these recommendations, the Conference of the
Parties shall:
(a) identify those national, subregional, regional and international
units that are most appropriate for networking, and recommend operational
procedures, and a time frame, for them; and
(b) identify the units best suited to facilitating and strengthening
such networking at all levels.
PART V
PROCEDURES
Article 26
Communication of information
1. Each Party shall communicate to the Conference of the Parties for
consideration at its ordinary sessions, through the Permanent Secretariat,
reports on the measures which it has taken for the implementation of the
Convention. The Conference of the Parties shall determine the timetable for
submission and the format of such reports.
2. Affected country Parties shall provide a description of the
strategies established pursuant to article 5 and of any relevant information
on their implementation.
3. Affected country Parties which implement action programmes
pursuant to articles 9 to 15 shall provide a detailed description of the
programmes and of their implementation.
4. Any group of affected country Parties may make a joint
communication on measures taken at the subregional and/or regional levels in
the framework of action programmes.
5. Developed country Parties shall report on measures taken to assist
in the preparation and implementation of action programmes, including
information on the financial resources they have provided, or are providing,
under the Convention.
6. Information communicated pursuant to paragraphs 1 to 4 shall be
transmitted by the Permanent Secretariat as soon as possible to the Conference
of the Parties and to any relevant subsidiary body.
7. The Conference of the Parties shall facilitate the provision to
affected developing countries, particularly those in Africa, on request, of
technical and financial support in compiling and communicating information in
accordance with this article, as well as identifying the technical and
financial needs associated with action programmes.
Article 27
Measures to resolve questions on implementation
The Conference of the Parties shall consider and adopt procedures and
institutional mechanisms for the resolution of questions that may arise with
regard to the implementation of the Convention.
Article 28
Settlement of disputes
1. Parties shall settle any dispute between them concerning the
interpretation or application of the Convention through negotiation or other
peaceful means of their own choice.
2. When ratifying, accepting, approving, or acceding to the
Convention, or at any time thereafter, a Party which is not a regional
economic integration organization may declare in a written instrument
submitted to the Depositary that, in respect of any dispute concerning the
interpretation or application of the Convention, it recognizes one or both of
the following means of dispute settlement as compulsory in relation to any
Party accepting the same obligation:
(a) arbitration in accordance with procedures adopted by the
Conference of the Parties in an annex as soon as practicable;
(b) submission of the dispute to the International Court of Justice.
3. A Party which is a regional economic integration organization may
make a declaration with like effect in relation to arbitration in accordance
with the procedure referred to in paragraph 2 (a).
4. A declaration made pursuant to paragraph 2 shall remain in force
until it expires in accordance with its terms or until three months after
written notice of its revocation has been deposited with the Depositary.
5. The expiry of a declaration, a notice of revocation or a new
declaration shall not in any way affect proceedings pending before an arbitral
tribunal or the International Court of Justice unless the Parties to the
dispute otherwise agree.
6. If the Parties to a dispute have not accepted the same or any
procedure pursuant to paragraph 2 and if they have not been able to settle
their dispute within twelve months following notification by one Party to
another that a dispute exists between them, the dispute shall be submitted to
conciliation at the request of any Party to the dispute, in accordance with
procedures adopted by the Conference of the Parties in an annex as soon as
practicable.
Article 29
Status of ann
ELABORATION OF AN INTERNATIONAL CONVENTION TO COMBAT DESERTIFICATION
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GENERAL
A/AC.241/27
12 September 1994
ENGLISH
Original: ENGLISH
INTERGOVERNMENTAL NEGOTIATING COMMITTEE FOR
THE ELABORATION OF AN INTERNATIONAL CONVENTION
TO COMBAT DESERTIFICATION IN THOSE COUNTRIES
EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
ELABORATION OF AN INTERNATIONAL CONVENTION TO COMBAT DESERTIFICATION
IN COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR DESERTIFICATION,
PARTICULARLY IN AFRICA
Final text of the Convention
Note by the Secretariat
Attached is the final text of the United Nations Convention to Combat
Desertification in Those Countries Experiencing Serious Drought and/or
Desertification, Particularly in Africa, following completion of the
verification processes as requested by the INCD upon adoption of the
Convention at its fifth session, on 17 June 1994.
The final text has been forwarded to the Office of Legal Affairs of the
United Nations, which acts as Depositary, in order to prepare for the signing
ceremony to be held in Paris, on 14-15 October 1994.
UNITED NATIONS CONVENTION TO COMBAT DESERTIFICATION
IN THOSE COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
The Parties to this Convention,
Affirming that human beings in affected or threatened areas are at the
centre of concerns to combat desertification and mitigate the effects of
drought,
Reflecting the urgent concern of the international community, including
States and international organizations, about the adverse impacts of
desertification and drought,
Aware that arid, semi-arid and dry sub-humid areas together account for
a significant proportion of the Earth's land area and are the habitat and
source of livelihood for a large segment of its population,
Acknowledging that desertification and drought are problems of global
dimension in that they affect all regions of the world and that joint action
of the international community is needed to combat desertification and/or
mitigate the effects of drought,
Noting the high concentration of developing countries, notably the least
developed countries, among those experiencing serious drought and/or
desertification, and the particularly tragic consequences of these phenomena
in Africa,
Noting also that desertification is caused by complex interactions among
physical, biological, political, social, cultural and economic factors,
Considering the impact of trade and relevant aspects of international
economic relations on the ability of affected countries to combat
desertification adequately,
Conscious that sustainable economic growth, social development and
poverty eradication are priorities of affected developing countries,
particularly in Africa, and are essential to meeting sustainability
objectives,
Mindful that desertification and drought affect sustainable development
through their interrelationships with important social problems such as
poverty, poor health and nutrition, lack of food security, and those arising
from migration, displacement of persons and demographic dynamics,
Appreciating the significance of the past efforts and experience of
States and international organizations in combating desertification and
mitigating the effects of drought, particularly in implementing the Plan of
Action to Combat Desertification which was adopted at the United Nations
Conference on Desertification in 1977,
Realizing that, despite efforts in the past, progress in combating
desertification and mitigating the effects of drought has not met expectations
and that a new and more effective approach is needed at all levels within the
framework of sustainable development,
Recognizing the validity and relevance of decisions adopted at the
United Nations Conference on Environment and Development, particularly of
Agenda 21 and its chapter 12, which provide a basis for combating
desertification,
Reaffirming in this light the commitments of developed countries as
contained in paragraph 13 of chapter 33 of Agenda 21,
Recalling General Assembly resolution 47/188, particularly the priority
in it prescribed for Africa, and all other relevant United Nations
resolutions, decisions and programmes on desertification and drought, as well
as relevant declarations by African countries and those from other regions,
Reaffirming the Rio Declaration on Environment and Development which
states, in its Principle 2, that States have, in accordance with the Charter
of the United Nations and the principles of international law, the sovereign
right to exploit their own resources pursuant to their own environmental and
developmental policies, and the responsibility to ensure that activities
within their jurisdiction or control do not cause damage to the environment of
other States or of areas beyond the limits of national jurisdiction,
Recognizing that national Governments play a critical role in combating
desertification and mitigating the effects of drought and that progress in
that respect depends on local implementation of action programmes in affected
areas,
Recognizing also the importance and necessity of international
cooperation and partnership in combating desertification and mitigating the
effects of drought,
Recognizing further the importance of the provision to affected
developing countries, particularly in Africa, of effective means, inter alia
substantial financial resources, including new and additional funding, and
access to technology, without which it will be difficult for them to implement
fully their commitments under this Convention,
Expressing concern over the impact of desertification and drought on
affected countries in Central Asia and the Transcaucasus,
Stressing the important role played by women in regions affected by
desertification and/or drought, particularly in rural areas of developing
countries, and the importance of ensuring the full participation of both men
and women at all levels in programmes to combat desertification and mitigate
the effects of drought,
Emphasizing the special role of non-governmental organizations and other
major groups in programmes to combat desertification and mitigate the effects
of drought,
Bearing in mind the relationship between desertification and other
environmental problems of global dimension facing the international and
national communities,
Bearing also in mind the contribution that combating desertification can
make to achieving the objectives of the United Nations Framework Convention on
Climate Change, the Convention on Biological Diversity and other related
environmental conventions,
Believing that strategies to combat desertification and mitigate the
effects of drought will be most effective if they are based on sound
systematic observation and rigorous scientific knowledge and if they are
continuously re-evaluated,
Recognizing the urgent need to improve the effectiveness and
coordination of international cooperation to facilitate the implementation of
national plans and priorities,
Determined to take appropriate action in combating desertification and
mitigating the effects of drought for the benefit of present and future
generations,
Have agreed as follows:
PART I
INTRODUCTION
Article 1
Use of terms
For the purposes of this Convention:
(a) "desertification" means land degradation in arid, semi-arid and
dry sub-humid areas resulting from various factors, including climatic
variations and human activities;
(b) "combating desertification" includes activities which are part of
the integrated development of land in arid, semi-arid and dry sub-humid areas
for sustainable development which are aimed at:
(i) prevention and/or reduction of land degradation;
(ii) rehabilitation of partly degraded land; and
(iii) reclamation of desertified land;
(c) "drought" means the naturally occurring phenomenon that exists
when precipitation has been significantly below normal recorded levels,
causing serious hydrological imbalances that adversely affect land resource
production systems;
(d) "mitigating the effects of drought" means activities related to
the prediction of drought and intended to reduce the vulnerability of society
and natural systems to drought as it relates to combating desertification;
(e) "land" means the terrestrial bio-productive system that comprises
soil, vegetation, other biota, and the ecological and hydrological processes
that operate within the system;
(f) "land degradation" means reduction or loss, in arid, semi-arid and
dry sub-humid areas, of the biological or economic productivity and complexity
of rainfed cropland, irrigated cropland, or range, pasture, forest and
woodlands resulting from land uses or from a process or combination of
processes, including processes arising from human activities and habitation
patterns, such as:
(i) soil erosion caused by wind and/or water;
(ii) deterioration of the physical, chemical and biological
or economic properties of soil; and
(iii) long-term loss of natural vegetation;
(g) "arid, semi-arid and dry sub-humid areas" means areas, other than
polar and sub-polar regions, in which the ratio of annual precipitation to
potential evapotranspiration falls within the range from 0.05 to 0.65;
(h) "affected areas" means arid, semi-arid and/or dry sub-humid areas
affected or threatened by desertification;
(i) "affected countries" means countries whose lands include, in whole
or in part, affected areas;
(j) "regional economic integration organization" means an organization
constituted by sovereign States of a given region which has competence in
respect of matters governed by this Convention and has been duly authorized,
in accordance with its internal procedures, to sign, ratify, accept, approve
or accede to this Convention;
(k) "developed country Parties" means developed country Parties and
regional economic integration organizations constituted by developed
countries.
Article 2
Objective
1. The objective of this Convention is to combat desertification and
mitigate the effects of drought in countries experiencing serious drought
and/or desertification, particularly in Africa, through effective action at
all levels, supported by international cooperation and partnership
arrangements, in the framework of an integrated approach which is consistent
with Agenda 21, with a view to contributing to the achievement of sustainable
development in affected areas.
2. Achieving this objective will involve long-term integrated
strategies that focus simultaneously, in affected areas, on improved
productivity of land, and the rehabilitation, conservation and sustainable
management of land and water resources, leading to improved living conditions,
in particular at the community level.
Article 3
Principles
In order to achieve the objective of this Convention and to implement
its provisions, the Parties shall be guided, inter alia, by the following:
(a) the Parties should ensure that decisions on the design and
implementation of programmes to combat desertification and/or mitigate the
effects of drought are taken with the participation of populations and local
communities and that an enabling environment is created at higher levels to
facilitate action at national and local levels;
(b) the Parties should, in a spirit of international solidarity and
partnership, improve cooperation and coordination at subregional, regional and
international levels, and better focus financial, human, organizational and
technical resources where they are needed;
(c) the Parties should develop, in a spirit of partnership,
cooperation among all levels of government, communities, non-governmental
organizations and landholders to establish a better understanding of the
nature and value of land and scarce water resources in affected areas and to
work towards their sustainable use; and
(d) the Parties should take into full consideration the special needs
and circumstances of affected developing country Parties, particularly the
least developed among them.
PART II
GENERAL PROVISIONS
Article 4
General obligations
1. The Parties shall implement their obligations under this
Convention, individually or jointly, either through existing or prospective
bilateral and multilateral arrangements or a combination thereof, as
appropriate, emphasizing the need to coordinate efforts and develop a coherent
long-term strategy at all levels.
2. In pursuing the objective of this Convention, the Parties shall:
(a) adopt an integrated approach addressing the physical, biological
and socio-economic aspects of the processes of desertification and drought;
(b) give due attention, within the relevant international and regional
bodies, to the situation of affected developing country Parties with regard to
international trade, marketing arrangements and debt with a view to
establishing an enabling international economic environment conducive to the
promotion of sustainable development;
(c) integrate strategies for poverty eradication into efforts to
combat desertification and mitigate the effects of drought;
(d) promote cooperation among affected country Parties in the fields
of environmental protection and the conservation of land and water resources,
as they relate to desertification and drought;
(e) strengthen subregional, regional and international cooperation;
(f) cooperate within relevant intergovernmental organizations;
(g) determine institutional mechanisms, if appropriate, keeping in
mind the need to avoid duplication; and
(h) promote the use of existing bilateral and multilateral financial
mechanisms and arrangements that mobilize and channel substantial financial
resources to affected developing country Parties in combating desertification
and mitigating the effects of drought.
3. Affected developing country Parties are eligible for assistance in
the implementation of the Convention.
Article 5
Obligations of affected country Parties
In addition to their obligations pursuant to article 4, affected country
Parties undertake to:
(a) give due priority to combating desertification and mitigating the
effects of drought, and allocate adequate resources in accordance with their
circumstances and capabilities;
(b) establish strategies and priorities, within the framework of
sustainable development plans and/or policies, to combat desertification and
mitigate the effects of drought;
(c) address the underlying causes of desertification and pay special
attention to the socio-economic factors contributing to desertification
processes;
(d) promote awareness and facilitate the participation of local
populations, particularly women and youth, with the support of non-
governmental organizations, in efforts to combat desertification and mitigate
the effects of drought; and
(e) 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.
Article 6
Obligations of developed country Parties
In addition to their general obligations pursuant to article 4,
developed country Parties undertake to:
(a) actively support, as agreed, individually or jointly, the efforts
of affected developing country Parties, particularly those in Africa, and the
least developed countries, to combat desertification and mitigate the effects
of drought;
(b) provide substantial financial resources and other forms of support
to assist affected developing country Parties, particularly those in Africa,
effectively to develop and implement their own long-term plans and strategies
to combat desertification and mitigate the effects of drought;
(c) promote the mobilization of new and additional funding pursuant to
article 20, paragraph 2 (b);
(d) encourage the mobilization of funding from the private sector and
other non-governmental sources; and
(e) promote and facilitate access by affected country Parties,
particularly affected developing country Parties, to appropriate technology,
knowledge and know-how.
Article 7
Priority for Africa
In implementing this Convention, the Parties shall give priority to
affected African country Parties, in the light of the particular situation
prevailing in that region, while not neglecting affected developing country
Parties in other regions.
Article 8
Relationship with other conventions
1. The Parties shall encourage the coordination of activities carried
out under this Convention and, if they are Parties to them, under other
relevant international agreements, particularly the United Nations Framework
Convention on Climate Change and the Convention on Biological Diversity, in
order to derive maximum benefit from activities under each agreement while
avoiding duplication of effort. The Parties shall encourage the conduct of
joint programmes, particularly in the fields of research, training, systematic
observation and information collection and exchange, to the extent that such
activities may contribute to achieving the objectives of the agreements
concerned.
2. The provisions of this Convention shall not affect the rights and
obligations of any Party deriving from a bilateral, regional or international
agreement into which it has entered prior to the entry into force of this
Convention for it.
PART III
ACTION PROGRAMMES, SCIENTIFIC AND TECHNICAL COOPERATION
AND SUPPORTING MEASURES
Section 1: Action programmes
Article 9
Basic approach
1. In carrying out their obligations pursuant to article 5, affected
developing country Parties and any other affected country Party in the
framework of its regional implementation annex or, otherwise, that has
notified the Permanent Secretariat in writing of its intention to prepare a
national action programme, shall, as appropriate, prepare, make public and
implement national action programmes, utilizing and building, to the extent
possible, on existing relevant successful plans and programmes, and
subregional and regional action programmes, as the central element of the
strategy to combat desertification and mitigate the effects of drought. Such
programmes shall be updated through a continuing participatory process on the
basis of lessons from field action, as well as the results of research. The
preparation of national action programmes shall be closely interlinked with
other efforts to formulate national policies for sustainable development.
2. In the provision by developed country Parties of different forms
of assistance under the terms of article 6, priority shall be given to
supporting, as agreed, national, subregional and regional action programmes of
affected developing country Parties, particularly those in Africa, either
directly or through relevant multilateral organizations or both.
3. The Parties shall encourage organs, funds and programmes of the
United Nations system and other relevant intergovernmental organizations,
academic institutions, the scientific community and non-governmental
organizations in a position to cooperate, in accordance with their mandates
and capabilities, to support the elaboration, implementation and follow-up of
action programmes.
Article 10
National action programmes
1. The purpose of national action programmes is to identify the
factors contributing to desertification and practical measures necessary to
combat desertification and mitigate the effects of drought.
2. National action programmes shall specify the respective roles of
government, local communities and land users and the resources available and
needed. They shall, inter alia:
(a) incorporate long-term strategies to combat desertification and
mitigate the effects of drought, emphasize implementation and be integrated
with national policies for sustainable development;
(b) allow for modifications to be made in response to changing
circumstances and be sufficiently flexible at the local level to cope with
different socio-economic, biological and geo-physical conditions;
(c) give particular attention to the implementation of preventive
measures for lands that are not yet degraded or which are only slightly
degraded;
(d) enhance national climatological, meteorological and hydrological
capabilities and the means to provide for drought early warning;
(e) promote policies and strengthen institutional frameworks which
develop cooperation and coordination, in a spirit of partnership, between the
donor community, governments at all levels, local populations and community
groups, and facilitate access by local populations to appropriate information
and technology;
(f) provide for effective participation at the local, national and
regional levels of non-governmental organizations and local populations, both
women and men, particularly resource users, including farmers and pastoralists
and their representative organizations, in policy planning, decision-making,
and implementation and review of national action programmes; and
(g) require regular review of, and progress reports on, their
implementation.
3. National action programmes may include, inter alia, some or all of
the following measures to prepare for and mitigate the effects of drought:
(a) establishment and/or strengthening, as appropriate, of early
warning systems, including local and national facilities and joint systems at
the subregional and regional levels, and mechanisms for assisting
environmentally displaced persons;
(b) strengthening of drought preparedness and management, including
drought contingency plans at the local, national, subregional and regional
levels, which take into consideration seasonal to interannual climate
predictions;
(c) establishment and/or strengthening, as appropriate, of food
security systems, including storage and marketing facilities, particularly in
rural areas;
(d) establishment of alternative livelihood projects that could
provide incomes in drought prone areas; and
(e) development of sustainable irrigation programmes for both crops
and livestock.
4. Taking into account the circumstances and requirements specific to
each affected country Party, national action programmes include, as
appropriate, inter alia, measures in some or all of the following priority
fields as they relate to combating desertification and mitigating the effects
of drought in affected areas and to their populations: promotion of
alternative livelihoods and improvement of national economic environments with
a view to strengthening programmes aimed at the eradication of poverty and at
ensuring food security; demographic dynamics; sustainable management of
natural resources; sustainable agricultural practices; development and
efficient use of various energy sources; institutional and legal frameworks;
strengthening of capabilities for assessment and systematic observation,
including hydrological and meteorological services, and capacity building,
education and public awareness.
Article 11
Subregional and regional action programmes
Affected country Parties shall consult and cooperate to prepare, as
appropriate, in accordance with relevant regional implementation annexes,
subregional and/or regional action programmes to harmonize, complement and
increase the efficiency of national programmes. The provisions of article 10
shall apply mutatis mutandis to subregional and regional programmes. Such
cooperation may include agreed joint programmes for the sustainable management
of transboundary natural resources, scientific and technical cooperation, and
strengthening of relevant institutions.
Article 12
International cooperation
Affected country Parties, in collaboration with other Parties and the
international community, should cooperate to ensure the promotion of an
enabling international environment in the implementation of the Convention.
Such cooperation should also cover fields of technology transfer as well as
scientific research and development, information collection and dissemination
and financial resources.
Article 13
Support for the elaboration and
implementation of action programmes
1. Measures to support action programmes pursuant to article 9
include, inter alia:
(a) financial cooperation to provide predictability for action
programmes, allowing for necessary long-term planning;
(b) elaboration and use of cooperation mechanisms which better enable
support at the local level, including action through non-governmental
organizations, in order to promote the replicability of successful pilot
programme activities where relevant;
(c) increased flexibility in project design, funding and
implementation in keeping with the experimental, iterative approach indicated
for participatory action at the local community level; and
(d) as appropriate, administrative and budgetary procedures that
increase the efficiency of cooperation and of support programmes.
2. In providing such support to affected developing country Parties,
priority shall be given to African country Parties and to least developed
country Parties.
Article 14
Coordination in the elaboration and implementation
of action programmes
1. The Parties shall work closely together, directly and through
relevant intergovernmental organizations, in the elaboration and
implementation of action programmes.
2. The Parties shall develop operational mechanisms, particularly at
the national and field levels, to ensure the fullest possible coordination
among developed country Parties, developing country Parties and relevant
intergovernmental and non-governmental organizations, in order to avoid
duplication, harmonize interventions and approaches, and maximize the impact
of assistance. In affected developing country Parties, priority will be given
to coordinating activities related to international cooperation in order to
maximize the efficient use of resources, to ensure responsive assistance, and
to facilitate the implementation of national action programmes and priorities
under this Convention.
Article 15
Regional implementation annexes
Elements for incorporation in action programmes shall be selected and
adapted to the socio-economic, geographical and climatic factors applicable to
affected country Parties or regions, as well as to their level of development.
Guidelines for the preparation of action programmes and their exact focus and
content for particular subregions and regions are set out in the regional
implementation annexes.
Section 2: Scientific and technical cooperation
Article 16
Information collection, analysis and exchange
The Parties agree, according to their respective capabilities, to
integrate and coordinate the collection, analysis and exchange of relevant
short term and long term data and information to ensure systematic observation
of land degradation in affected areas and to understand better and assess the
processes and effects of drought and desertification. This would help
accomplish, inter alia, early warning and advance planning for periods of
adverse climatic variation in a form suited for practical application by users
at all levels, including especially local populations. To this end, they
shall, as appropriate:
(a) facilitate and strengthen the functioning of the global network of
institutions and facilities for the collection, analysis and exchange of
information, as well as for systematic observation at all levels, which shall,
inter alia:
(i) aim to use compatible standards and systems;
(ii) encompass relevant data and stations, including in
remote areas;
(iii) use and disseminate modern technology for data
collection, transmission and assessment on land degradation; and
(iv) link national, subregional and regional data and
information centres more closely with global information sources;
(b) ensure that the collection, analysis and exchange of information
address the needs of local communities and those of decision makers, with a
view to resolving specific problems, and that local communities are involved
in these activities;
(c) support and further develop bilateral and multilateral programmes
and projects aimed at defining, conducting, assessing and financing the
collection, analysis and exchange of data and information, including, inter
alia, integrated sets of physical, biological, social and economic indicators;
(d) make full use of the expertise of competent intergovernmental and
non-governmental organizations, particularly to disseminate relevant
information and experiences among target groups in different regions;
(e) give full weight to the collection, analysis and exchange of
socio-economic data, and their integration with physical and biological data;
(f) exchange and make fully, openly and promptly available information
from all publicly available sources relevant to combating desertification and
mitigating the effects of drought; and
(g) subject to their respective national legislation and/or policies,
exchange information on local and traditional knowledge, ensuring adequate
protection for it and providing appropriate return from the benefits derived
from it, on an equitable basis and on mutually agreed terms, to the local
populations concerned.
Article 17
Research and development
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, subregional, regional and international institutions. To this end,
they shall support research activities that:
(a) contribute to increased knowledge of the processes leading to
desertification and drought and the impact of, and distinction between, causal
factors, both natural and human, with a view to combating desertification and
mitigating the effects of drought, and achieving improved productivity as well
as sustainable use and management of resources;
(b) respond to well defined objectives, address the specific needs of
local populations and lead to the identification and implementation of
solutions that improve the living standards of people in affected areas;
(c) 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;
(d) develop and strengthen national, subregional and regional research
capabilities in affected developing country Parties, particularly in Africa,
including the development of local skills and the strengthening of appropriate
capacities, especially in countries with a weak research base, giving
particular attention to multidisciplinary and participative socio-economic
research;
(e) take into account, where relevant, the relationship between
poverty, migration caused by environmental factors, and desertification;
(f) promote the conduct of joint research programmes between national,
subregional, regional and international research organizations, in both the
public and private sectors, for the development of improved, affordable and
accessible technologies for sustainable development through effective
participation of local populations and communities; and
(g) enhance the availability of water resources in affected areas, by
means of, inter alia, cloud-seeding.
2. Research priorities for particular regions and subregions,
reflecting different local conditions, should be included in action
programmes. The Conference of the Parties shall review research priorities
periodically on the advice of the Committee on Science and Technology.
Article 18
Transfer, acquisition, adaptation and development of technology
1. 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 Parties shall, in particular:
(a) fully utilize relevant existing national, subregional, 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;
(b) facilitate access, in particular by affected developing country
Parties, on favourable terms, including on concessional and preferential
terms, as mutually agreed, taking into account the need to protect
intellectual property rights, to technologies most suitable to practical
application for specific needs of local populations, paying special attention
to the social, cultural, economic and environmental impact of such technology;
(c) facilitate technology cooperation among affected country Parties
through financial assistance or other appropriate means;
(d) extend technology cooperation with affected developing country
Parties, including, where relevant, joint ventures, especially to sectors
which foster alternative livelihoods; and
(e) take appropriate measures to create domestic market conditions and
incentives, fiscal or otherwise, conducive to the development, transfer,
acquisition and adaptation of suitable technology, knowledge, know-how and
practices, including measures to ensure adequate and effective protection of
intellectual property rights.
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:
(a) 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;
(b) 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;
(c) 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
(d) facilitate, as appropriate, the adaptation of such technology,
knowledge, know-how and practices to wide use and integrate them with modern
technology, as appropriate.
Section 3: Supporting measures
Article 19
Capacity building, education and public awareness
1. The Parties recognize 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. They shall promote, as appropriate,
capacity-building:
(a) through the full participation at all levels of local people,
particularly at the local level, especially women and youth, with the
cooperation of non-governmental and local organizations;
(b) by strengthening training and research capacity at the national
level in the field of desertification and drought;
(c) by establishing and/or strengthening support and extension
services to disseminate relevant technology methods and techniques more
effectively, and by training field agents and members of rural organizations
in participatory approaches for the conservation and sustainable use of
natural resources;
(d) by fostering the use and dissemination of the knowledge, know-how
and practices of local people in technical cooperation programmes, wherever
possible;
(e) by adapting, where necessary, relevant environmentally sound
technology and traditional methods of agriculture and pastoralism to modern
socio-economic conditions;
(f) by 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;
(g) through cooperation, as mutually agreed, to strengthen the
capacity of affected developing country Parties to develop and implement
programmes in the field of collection, analysis and exchange of information
pursuant to article 16;
(h) through innovative ways of promoting alternative livelihoods,
including training in new skills;
(i) by training of decision makers, managers, and personnel who are
responsible for the collection and analysis of data for the dissemination and
use of early warning information on drought conditions and for food
production;
(j) through more effective operation of existing national institutions
and legal frameworks and, where necessary, creation of new ones, along with
strengthening of strategic planning and management; and
(k) by means of exchange visitor programmes to enhance capacity
building in affected country Parties through a long-term, interactive process
of learning and study.
2. Affected developing country Parties shall conduct, in cooperation
with other Parties and competent intergovernmental and non-governmental
organizations, as appropriate, an interdisciplinary review of available
capacity and facilities at the local and national levels, and the potential
for strengthening them.
3. 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. To that
end, they shall:
(a) organize awareness campaigns for the general public;
(b) promote, on a permanent basis, access by the public to relevant
information, and wide public participation in education and awareness
activities;
(c) encourage the establishment of associations that contribute to
public awareness;
(d) develop and exchange educational and public awareness material,
where possible in local languages, exchange and second experts to train
personnel of affected developing country Parties in carrying out relevant
education and awareness programmes, and fully utilize relevant educational
material available in competent international bodies;
(e) assess educational needs in affected areas, elaborate appropriate
school curricula and expand, as needed, educational and adult literacy
programmes and opportunities for all, in particular for girls and women, on
the identification, conservation and sustainable use and management of the
natural resources of affected areas; and
(f) develop interdisciplinary participatory programmes integrating
desertification and drought awareness into educational systems and in non-
formal, adult, distance and practical educational programmes.
4. The Conference of the Parties shall establish and/or strengthen
networks of regional education and training centres to combat desertification
and mitigate the effects of drought. These networks shall be coordinated by
an institution created or designated for that purpose, in order to train
scientific, technical and management personnel and to strengthen existing
institutions responsible for education and training in affected country
Parties, where appropriate, with a view to harmonizing programmes and to
organizing exchanges of experience among them. These networks shall cooperate
closely with relevant intergovernmental and non-governmental organizations to
avoid duplication of effort.
Article 20
Financial resources
1. Given the central importance of financing to the achievement of
the objective of the Convention, the Parties, taking into account their
capabilities, shall make every effort to ensure that adequate financial
resources are available for programmes to combat desertification and mitigate
the effects of drought.
2. In this connection, developed country Parties, while giving
priority to affected African country Parties without neglecting affected
developing country Parties in other regions, in accordance with article 7,
undertake to:
(a) mobilize substantial financial resources, including grants and
concessional loans, in order to support the implementation of programmes to
combat desertification and mitigate the effects of drought;
(b) promote the mobilization of adequate, timely and predictable
financial resources, including new and additional funding from the Global
Environment Facility of the agreed incremental costs of those activities
concerning desertification that relate to its four focal areas, in conformity
with the relevant provisions of the Instrument establishing the Global
Environment Facility;
(c) facilitate through international cooperation the transfer of
technology, knowledge and know-how; and
(d) explore, in cooperation with affected developing country Parties,
innovative methods and incentives for mobilizing and channelling resources,
including those of foundations, non-governmental organizations and other
private sector entities, particularly debt swaps and other innovative means
which increase financing by reducing the external debt burden of affected
developing country Parties, particularly those in Africa.
3. Affected developing country Parties, taking into account their
capabilities, undertake to mobilize adequate financial resources for the
implementation of their national action programmes.
4. In mobilizing financial resources, the Parties shall seek full use
and continued qualitative improvement of all national, bilateral and
multilateral funding sources and mechanisms, using consortia, joint programmes
and parallel financing, and shall seek to involve private sector funding
sources and mechanisms, including those of non-governmental organizations. To
this end, the Parties shall fully utilize the operational mechanisms developed
pursuant to article 14.
5. In order to mobilize the financial resources necessary for
affected developing country Parties to combat desertification and mitigate the
effects of drought, the Parties shall:
(a) rationalize and strengthen the management of resources already
allocated for combating desertification and mitigating the effects of drought
by using them more effectively and efficiently, assessing their successes and
shortcomings, removing hindrances to their effective use and, where necessary,
reorienting programmes in light of the integrated long-term approach adopted
pursuant to this Convention;
(b) give due priority and attention within the governing bodies of
multilateral financial institutions, facilities and funds, including regional
development banks and funds, to supporting affected developing country
Parties, particularly those in Africa, in activities which advance
implementation of the Convention, notably action programmes they undertake in
the framework of regional implementation annexes; and
(c) examine ways in which regional and subregional cooperation can be
strengthened to support efforts undertaken at the national level.
6. Other Parties are encouraged to provide, on a voluntary basis,
knowledge, know-how and techniques related to desertification and/or financial
resources to affected developing country Parties.
7. The full implementation by affected developing country Parties,
particularly those in Africa, of their obligations under the Convention will
be greatly assisted by the fulfilment by developed country Parties of their
obligations under the Convention, including in particular those regarding
financial resources and transfer of technology. In fulfilling their
obligations, developed country Parties should take fully into account that
economic and social development and poverty eradication are the first
priorities of affected developing country Parties, particularly those in
Africa.
Article 21
Financial mechanisms
1. The Conference of the Parties shall promote the availability of
financial mechanisms and shall encourage such mechanisms to seek to maximize
the availability of funding for affected developing country Parties,
particularly those in Africa, to implement the Convention. To this end, the
Conference of the Parties shall consider for adoption inter alia approaches
and policies that:
(a) facilitate the provision of necessary funding at the national,
subregional, regional and global levels for activities pursuant to relevant
provisions of the Convention;
(b) promote multiple-source funding approaches, mechanisms and
arrangements and their assessment, consistent with article 20;
(c) provide on a regular basis, to interested Parties and relevant
intergovernmental and non-governmental organizations, information on available
sources of funds and on funding patterns in order to facilitate coordination
among them;
(d) facilitate the establishment, as appropriate, of mechanisms, such
as national desertification funds, including those involving the participation
of non-governmental organizations, to channel financial resources rapidly and
efficiently to the local level in affected developing country Parties; and
(e) strengthen existing funds and financial mechanisms at the
subregional and regional levels, particularly in Africa, to support more
effectively the implementation of the Convention.
2. The Conference of the Parties shall also encourage the provision,
through various mechanisms within the United Nations system and through
multilateral financial institutions, of support at the national, subregional
and regional levels to activities that enable developing country Parties to
meet their obligations under the Convention.
3. Affected developing country Parties shall utilize, and where
necessary, establish and/or strengthen, national coordinating mechanisms,
integrated in national development programmes, that would ensure the efficient
use of all available financial resources. They shall also utilize
participatory processes involving non-governmental organizations, local groups
and the private sector, in raising funds, in elaborating as well as
implementing programmes and in assuring access to funding by groups at the
local level. These actions can be enhanced by improved coordination and
flexible programming on the part of those providing assistance.
4. In order to increase the effectiveness and efficiency of existing
financial mechanisms, a Global Mechanism to promote actions leading to the
mobilization and channelling of substantial financial resources, including for
the transfer of technology, on a grant basis, and/or on concessional or other
terms, to affected developing country Parties, is hereby established. This
Global Mechanism shall function under the authority and guidance of the
Conference of the Parties and be accountable to it.
5. The Conference of the Parties shall identify, at its first
ordinary session, an organization to house the Global Mechanism. The
Conference of the Parties and the organization it has identified shall agree
upon modalities for this Global Mechanism to ensure inter alia that such
Mechanism:
(a) identifies and draws up an inventory of relevant bilateral and
multilateral cooperation programmes that are available to implement the
Convention;
(b) provides advice, on request, to Parties on innovative methods of
financing and sources of financial assistance and on improving the
coordination of cooperation activities at the national level;
(c) provides interested Parties and relevant intergovernmental and
non-governmental organizations with information on available sources of funds
and on funding patterns in order to facilitate coordination among them; and
(d) reports to the Conference of the Parties, beginning at its second
ordinary session, on its activities.
6. The Conference of the Parties shall, at its first session, make
appropriate arrangements with the organization it has identified to house the
Global Mechanism for the administrative operations of such Mechanism, drawing
to the extent possible on existing budgetary and human resources.
7. The Conference of the Parties shall, at its third ordinary
session, review the policies, operational modalities and activities of the
Global Mechanism accountable to it pursuant to paragraph 4, taking into
account the provisions of article 7. On the basis of this review, it shall
consider and take appropriate action.
PART IV
INSTITUTIONS
Article 22
Conference of the Parties
1. A Conference of the Parties is hereby established.
2. The Conference of the Parties is the supreme body of the
Convention. It shall make, within its mandate, the decisions necessary to
promote its effective implementation. In particular, it shall:
(a) regularly review the implementation of the Convention and the
functioning of its institutional arrangements in the light of the experience
gained at the national, subregional, regional and international levels and on
the basis of the evolution of scientific and technological knowledge;
(b) promote and facilitate the exchange of information on measures
adopted by the Parties, and determine the form and timetable for transmitting
the information to be submitted pursuant to article 26, review the reports and
make recommendations on them;
(c) establish such subsidiary bodies as are deemed necessary for the
implementation of the Convention;
(d) review reports submitted by its subsidiary bodies and provide
guidance to them;
(e) agree upon and adopt, by consensus, rules of procedure and
financial rules for itself and any subsidiary bodies;
(f) adopt amendments to the Convention pursuant to articles 30 and 31;
(g) approve a programme and budget for its activities, including those
of its subsidiary bodies, and undertake necessary arrangements for their
financing;
(h) as appropriate, seek the cooperation of, and utilize the services
of and information provided by, competent bodies or agencies, whether national
or international, intergovernmental or non-governmental;
(i) promote and strengthen the relationship with other relevant
conventions while avoiding duplication of effort; and
(j) exercise such other functions as may be necessary for the
achievement of the objective of the Convention.
3. The Conference of the Parties shall, at its first session, adopt
its own rules of procedure, by consensus, which shall include decision-making
procedures for matters not already covered by decision-making procedures
stipulated in the Convention. Such procedures may include specified
majorities required for the adoption of particular decisions.
4. The first session of the Conference of the Parties shall be
convened by the interim secretariat referred to in article 35 and shall take
place not later than one year after the date of entry into force of the
Convention. Unless otherwise decided by the Conference of the Parties, the
second, third and fourth ordinary sessions shall be held yearly, and
thereafter, ordinary sessions shall be held every two years.
5. Extraordinary sessions of the Conference of the Parties shall be
held at such other times as may be decided either by the Conference of the
Parties in ordinary session or at the written request of any Party, provided
that, within three months of the request being communicated to the Parties by
the Permanent Secretariat, it is supported by at least one third of the
Parties.
6. At each ordinary session, the Conference of the Parties shall
elect a Bureau. The structure and functions of the Bureau shall be determined
in the rules of procedure. In appointing the Bureau, due regard shall be paid
to the need to ensure equitable geographical distribution and adequate
representation of affected country Parties, particularly those in Africa.
7. The United Nations, its specialized agencies and any State member
thereof or observers thereto not Party to the Convention, may be represented
at sessions of the Conference of the Parties as observers. Any body or
agency, whether national or international, governmental or non-governmental,
which is qualified in matters covered by the Convention, and which has
informed the Permanent Secretariat of its wish to be represented at a session
of the Conference of the Parties as an observer, may be so admitted unless at
least one
third of the Parties present object. The admission and participation of
observers shall be subject to the rules of procedure adopted by the Conference
of the Parties.
8. The Conference of the Parties may request competent national and
international organizations which have relevant expertise to provide it
with information relevant to article 16, paragraph (g), article 17, paragraph
1 (c) and article 18, paragraph 2(b).
Article 23
Permanent Secretariat
1. A Permanent Secretariat is hereby established.
2. The functions of the Permanent Secretariat shall be:
(a) to make arrangements for sessions of the Conference of the Parties
and its subsidiary bodies established under the Convention and to provide them
with services as required;
(b) to compile and transmit reports submitted to it;
(c) to facilitate assistance to affected developing country Parties,
on request, particularly those in Africa, in the compilation and communication
of information required under the Convention;
(d) to coordinate its activities with the secretariats of other
relevant international bodies and conventions;
(e) to enter, under the guidance of the Conference of the Parties,
into such administrative and contractual arrangements as may be required for
the effective discharge of its functions;
(f) to prepare reports on the execution of its functions under this
Convention and present them to the Conference of the Parties; and
(g) to perform such other secretariat functions as may be determined
by the Conference of the Parties.
3. The Conference of the Parties, at its first session, shall
designate a Permanent Secretariat and make arrangements for its functioning.
Article 24
Committee on Science and Technology
1. A Committee on Science and Technology is hereby established as a
subsidiary body of the Conference of the Parties to provide it with
information and advice on scientific and technological matters relating to
combating desertification and mitigating the effects of drought. The
Committee shall meet in conjunction with the ordinary sessions of the
Conference of the Parties and shall be multidisciplinary and open to the
participation of all Parties. It shall be composed of government
representatives competent in the relevant fields of expertise. The Conference
of the Parties shall decide, at its first session, on the terms of reference
of the Committee.
2. The Conference of the Parties shall establish and maintain a
roster of independent experts with expertise and experience in the relevant
fields. The roster shall be based on nominations received in writing from the
Parties, taking into account the need for a multidisciplinary approach and
broad geographical representation.
3. The Conference of the Parties may, as necessary, appoint ad hoc
panels to provide it, through the Committee, with information and advice on
specific issues regarding the state of the art in fields of science and
technology relevant to combating desertification and mitigating the effects of
drought. These panels shall be composed of experts whose names are taken from
the roster, taking into account the need for a multidisciplinary approach and
broad geographical representation. These experts shall have scientific
backgrounds and field experience and shall be appointed by the Conference of
the Parties on the recommendation of the Committee. The Conference of the
Parties shall decide on the terms of reference and the modalities of work of
these panels.
Article 25
Networking of institutions, agencies and bodies
1. The Committee on Science and Technology shall, under the
supervision of the Conference of the Parties, make provision for the
undertaking of a survey and evaluation of the relevant existing networks,
institutions, agencies and bodies willing to become units of a network. Such
a network shall support the implementation of the Convention.
2. On the basis of the results of the survey and evaluation referred
to in paragraph 1, the Committee on Science and Technology shall make
recommendations to the Conference of the Parties on ways and means to
facilitate and strengthen networking of the units at the local, national and
other levels, with a view to ensuring that the thematic needs set out in
articles 16 to 19 are addressed.
3. Taking into account these recommendations, the Conference of the
Parties shall:
(a) identify those national, subregional, regional and international
units that are most appropriate for networking, and recommend operational
procedures, and a time frame, for them; and
(b) identify the units best suited to facilitating and strengthening
such networking at all levels.
PART V
PROCEDURES
Article 26
Communication of information
1. Each Party shall communicate to the Conference of the Parties for
consideration at its ordinary sessions, through the Permanent Secretariat,
reports on the measures which it has taken for the implementation of the
Convention. The Conference of the Parties shall determine the timetable for
submission and the format of such reports.
2. Affected country Parties shall provide a description of the
strategies established pursuant to article 5 and of any relevant information
on their implementation.
3. Affected country Parties which implement action programmes
pursuant to articles 9 to 15 shall provide a detailed description of the
programmes and of their implementation.
4. Any group of affected country Parties may make a joint
communication on measures taken at the subregional and/or regional levels in
the framework of action programmes.
5. Developed country Parties shall report on measures taken to assist
in the preparation and implementation of action programmes, including
information on the financial resources they have provided, or are providing,
under the Convention.
6. Information communicated pursuant to paragraphs 1 to 4 shall be
transmitted by the Permanent Secretariat as soon as possible to the Conference
of the Parties and to any relevant subsidiary body.
7. The Conference of the Parties shall facilitate the provision to
affected developing countries, particularly those in Africa, on request, of
technical and financial support in compiling and communicating information in
accordance with this article, as well as identifying the technical and
financial needs associated with action programmes.
Article 27
Measures to resolve questions on implementation
The Conference of the Parties shall consider and adopt procedures and
institutional mechanisms for the resolution of questions that may arise with
regard to the implementation of the Convention.
Article 28
Settlement of disputes
1. Parties shall settle any dispute between them concerning the
interpretation or application of the Convention through negotiation or other
peaceful means of their own choice.
2. When ratifying, accepting, approving, or acceding to the
Convention, or at any time thereafter, a Party which is not a regional
economic integration organization may declare in a written instrument
submitted to the Depositary that, in respect of any dispute concerning the
interpretation or application of the Convention, it recognizes one or both of
the following means of dispute settlement as compulsory in relation to any
Party accepting the same obligation:
(a) arbitration in accordance with procedures adopted by the
Conference of the Parties in an annex as soon as practicable;
(b) submission of the dispute to the International Court of Justice.
3. A Party which is a regional economic integration organization may
make a declaration with like effect in relation to arbitration in accordance
with the procedure referred to in paragraph 2 (a).
4. A declaration made pursuant to paragraph 2 shall remain in force
until it expires in accordance with its terms or until three months after
written notice of its revocation has been deposited with the Depositary.
5. The expiry of a declaration, a notice of revocation or a new
declaration shall not in any way affect proceedings pending before an arbitral
tribunal or the International Court of Justice unless the Parties to the
dispute otherwise agree.
6. If the Parties to a dispute have not accepted the same or any
procedure pursuant to paragraph 2 and if they have not been able to settle
their dispute within twelve months following notification by one Party to
another that a dispute exists between them, the dispute shall be submitted to
conciliation at the request of any Party to the dispute, in accordance with
procedures adopted by the Conference of the Parties in an annex as soon as
practicable.
Article 29
Status of annexes
1. Annexes form an integral part of the Convention and, unless
expressly provided otherwise, a reference to the Convention also constitutes a
reference to its annexes.
2. The Parties shall interpret the provisions of the annexes in a
manner that is in conformity with their rights and obligations under the
articles of this Convention.
Article 30
Amendments to the Convention
1. Any Party may propose amendments to the Convention.
2. Amendments to the Convention shall be adopted at an ordinary
session of the Conference of the Parties. The text of any proposed amendment
shall be communicated to the Parties by the Permanent Secretariat at least six
months before the meeting at which it is proposed for adoption. The Permanent
Secretariat shall also communicate proposed amendments to the signatories to
the Convention.
3. The Parties shall make every effort to reach agreement on any
proposed amendment to the Convention by consensus. If all efforts at
consensus have been exhausted and no agreement reached, the amendment shall,
as a last resort, be adopted by a two-thirds majority vote of the Parties
present and voting at the meeting. The adopted amendment shall be
communicated by the Permanent Secretariat to the Depositary, who shall
circulate it to all Parties for their ratification, acceptance, approval or
accession.
4. Instruments of ratification, acceptance, approval or accession in
respect of an amendment shall be deposited with the Depositary. An amendment
adopted pursuant to paragraph 3 shall enter into force for those Parties
having accepted it on the ninetieth day after the date of receipt by the
Depositary of an instrument of ratification, acceptance, approval or accession
by at least two thirds of the Parties to the Convention which were Parties at
the time of the adoption of the amendment.
5. The amendment shall enter into force for any other Party on the
ninetieth day after the date on which that Party deposits with the Depositary
its instrument of ratification, acceptance or approval of, or accession to the
said amendment.
6. For the purposes of this article and article 31, "Parties present
and voting" means Parties present and casting an affirmative or negative vote.
Article 31
Adoption and amendment of annexes
1. Any additional annex to the Convention and any amendment to an
annex shall be proposed and adopted in accordance with the procedure for
amendment of the Convention set forth in article 30, provided that, in
adopting an additional regional implementation annex or amendment to any
regional implementation annex, the majority provided for in that article shall
include a two-thirds majority vote of the Parties of the region concerned
present and voting. The adoption or amendment of an annex shall be
communicated by the Depositary to all Parties.
2. An annex, other than an additional regional implementation annex,
or an amendment to an annex, other than an amendment to any regional
implementation annex, that has been adopted in accordance with paragraph 1,
shall enter into force for all Parties to the Convention six months after the
date of communication by the Depositary to such Parties of the adoption of
such annex or amendment, except for those Parties that have notified the
Depositary in writing within that period of their non-acceptance of such annex
or amendment. Such annex or amendment shall enter into force for Parties
which withdraw their notification of non-acceptance on the ninetieth day after
the date on which withdrawal of such notification has been received by the
Depositary.
3. An additional regional implementation annex or amendment to any
regional implementation annex that has been adopted in accordance with
paragraph 1, shall enter into force for all Parties to the Convention six
months after the date of the communication by the Depositary to such Parties
of the adop
ELABORATION OF AN INTERNATIONAL CONVENTION TO COMBAT DESERTIFICATION
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GENERAL
A/AC.241/27
12 September 1994
ENGLISH
Original: ENGLISH
INTERGOVERNMENTAL NEGOTIATING COMMITTEE FOR
THE ELABORATION OF AN INTERNATIONAL CONVENTION
TO COMBAT DESERTIFICATION IN THOSE COUNTRIES
EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
ELABORATION OF AN INTERNATIONAL CONVENTION TO COMBAT DESERTIFICATION
IN COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR DESERTIFICATION,
PARTICULARLY IN AFRICA
Final text of the Convention
Note by the Secretariat
Attached is the final text of the United Nations Convention to Combat
Desertification in Those Countries Experiencing Serious Drought and/or
Desertification, Particularly in Africa, following completion of the
verification processes as requested by the INCD upon adoption of the
Convention at its fifth session, on 17 June 1994.
The final text has been forwarded to the Office of Legal Affairs of the
United Nations, which acts as Depositary, in order to prepare for the signing
ceremony to be held in Paris, on 14-15 October 1994.
UNITED NATIONS CONVENTION TO COMBAT DESERTIFICATION
IN THOSE COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
The Parties to this Convention,
Affirming that human beings in affected or threatened areas are at the
centre of concerns to combat desertification and mitigate the effects of
drought,
Reflecting the urgent concern of the international community, including
States and international organizations, about the adverse impacts of
desertification and drought,
Aware that arid, semi-arid and dry sub-humid areas together account for
a significant proportion of the Earth's land area and are the habitat and
source of livelihood for a large segment of its population,
Acknowledging that desertification and drought are problems of global
dimension in that they affect all regions of the world and that joint action
of the international community is needed to combat desertification and/or
mitigate the effects of drought,
Noting the high concentration of developing countries, notably the least
developed countries, among those experiencing serious drought and/or
desertification, and the particularly tragic consequences of these phenomena
in Africa,
Noting also that desertification is caused by complex interactions among
physical, biological, political, social, cultural and economic factors,
Considering the impact of trade and relevant aspects of international
economic relations on the ability of affected countries to combat
desertification adequately,
Conscious that sustainable economic growth, social development and
poverty eradication are priorities of affected developing countries,
particularly in Africa, and are essential to meeting sustainability
objectives,
Mindful that desertification and drought affect sustainable development
through their interrelationships with important social problems such as
poverty, poor health and nutrition, lack of food security, and those arising
from migration, displacement of persons and demographic dynamics,
Appreciating the significance of the past efforts and experience of
States and international organizations in combating desertification and
mitigating the effects of drought, particularly in implementing the Plan of
Action to Combat Desertification which was adopted at the United Nations
Conference on Desertification in 1977,
Realizing that, despite efforts in the past, progress in combating
desertification and mitigating the effects of drought has not met expectations
and that a new and more effective approach is needed at all levels within the
framework of sustainable development,
Recognizing the validity and relevance of decisions adopted at the
United Nations Conference on Environment and Development, particularly of
Agenda 21 and its chapter 12, which provide a basis for combating
desertification,
Reaffirming in this light the commitments of developed countries as
contained in paragraph 13 of chapter 33 of Agenda 21,
Recalling General Assembly resolution 47/188, particularly the priority
in it prescribed for Africa, and all other relevant United Nations
resolutions, decisions and programmes on desertification and drought, as well
as relevant declarations by African countries and those from other regions,
Reaffirming the Rio Declaration on Environment and Development which
states, in its Principle 2, that States have, in accordance with the Charter
of the United Nations and the principles of international law, the sovereign
right to exploit their own resources pursuant to their own environmental and
developmental policies, and the responsibility to ensure that activities
within their jurisdiction or control do not cause damage to the environment of
other States or of areas beyond the limits of national jurisdiction,
Recognizing that national Governments play a critical role in combating
desertification and mitigating the effects of drought and that progress in
that respect depends on local implementation of action programmes in affected
areas,
Recognizing also the importance and necessity of international
cooperation and partnership in combating desertification and mitigating the
effects of drought,
Recognizing further the importance of the provision to affected
developing countries, particularly in Africa, of effective means, inter alia
substantial financial resources, including new and additional funding, and
access to technology, without which it will be difficult for them to implement
fully their commitments under this Convention,
Expressing concern over the impact of desertification and drought on
affected countries in Central Asia and the Transcaucasus,
Stressing the important role played by women in regions affected by
desertification and/or drought, particularly in rural areas of developing
countries, and the importance of ensuring the full participation of both men
and women at all levels in programmes to combat desertification and mitigate
the effects of drought,
Emphasizing the special role of non-governmental organizations and other
major groups in programmes to combat desertification and mitigate the effects
of drought,
Bearing in mind the relationship between desertification and other
environmental problems of global dimension facing the international and
national communities,
Bearing also in mind the contribution that combating desertification can
make to achieving the objectives of the United Nations Framework Convention on
Climate Change, the Convention on Biological Diversity and other related
environmental conventions,
Believing that strategies to combat desertification and mitigate the
effects of drought will be most effective if they are based on sound
systematic observation and rigorous scientific knowledge and if they are
continuously re-evaluated,
Recognizing the urgent need to improve the effectiveness and
coordination of international cooperation to facilitate the implementation of
national plans and priorities,
Determined to take appropriate action in combating desertification and
mitigating the effects of drought for the benefit of present and future
generations,
Have agreed as follows:
PART I
INTRODUCTION
Article 1
Use of terms
For the purposes of this Convention:
(a) "desertification" means land degradation in arid, semi-arid and
dry sub-humid areas resulting from various factors, including climatic
variations and human activities;
(b) "combating desertification" includes activities which are part of
the integrated development of land in arid, semi-arid and dry sub-humid areas
for sustainable development which are aimed at:
(i) prevention and/or reduction of land degradation;
(ii) rehabilitation of partly degraded land; and
(iii) reclamation of desertified land;
(c) "drought" means the naturally occurring phenomenon that exists
when precipitation has been significantly below normal recorded levels,
causing serious hydrological imbalances that adversely affect land resource
production systems;
(d) "mitigating the effects of drought" means activities related to
the prediction of drought and intended to reduce the vulnerability of society
and natural systems to drought as it relates to combating desertification;
(e) "land" means the terrestrial bio-productive system that comprises
soil, vegetation, other biota, and the ecological and hydrological processes
that operate within the system;
(f) "land degradation" means reduction or loss, in arid, semi-arid and
dry sub-humid areas, of the biological or economic productivity and complexity
of rainfed cropland, irrigated cropland, or range, pasture, forest and
woodlands resulting from land uses or from a process or combination of
processes, including processes arising from human activities and habitation
patterns, such as:
(i) soil erosion caused by wind and/or water;
(ii) deterioration of the physical, chemical and biological
or economic properties of soil; and
(iii) long-term loss of natural vegetation;
(g) "arid, semi-arid and dry sub-humid areas" means areas, other than
polar and sub-polar regions, in which the ratio of annual precipitation to
potential evapotranspiration falls within the range from 0.05 to 0.65;
(h) "affected areas" means arid, semi-arid and/or dry sub-humid areas
affected or threatened by desertification;
(i) "affected countries" means countries whose lands include, in whole
or in part, affected areas;
(j) "regional economic integration organization" means an organization
constituted by sovereign States of a given region which has competence in
respect of matters governed by this Convention and has been duly authorized,
in accordance with its internal procedures, to sign, ratify, accept, approve
or accede to this Convention;
(k) "developed country Parties" means developed country Parties and
regional economic integration organizations constituted by developed
countries.
Article 2
Objective
1. The objective of this Convention is to combat desertification and
mitigate the effects of drought in countries experiencing serious drought
and/or desertification, particularly in Africa, through effective action at
all levels, supported by international cooperation and partnership
arrangements, in the framework of an integrated approach which is consistent
with Agenda 21, with a view to contributing to the achievement of sustainable
development in affected areas.
2. Achieving this objective will involve long-term integrated
strategies that focus simultaneously, in affected areas, on improved
productivity of land, and the rehabilitation, conservation and sustainable
management of land and water resources, leading to improved living conditions,
in particular at the community level.
Article 3
Principles
In order to achieve the objective of this Convention and to implement
its provisions, the Parties shall be guided, inter alia, by the following:
(a) the Parties should ensure that decisions on the design and
implementation of programmes to combat desertification and/or mitigate the
effects of drought are taken with the participation of populations and local
communities and that an enabling environment is created at higher levels to
facilitate action at national and local levels;
(b) the Parties should, in a spirit of international solidarity and
partnership, improve cooperation and coordination at subregional, regional and
international levels, and better focus financial, human, organizational and
technical resources where they are needed;
(c) the Parties should develop, in a spirit of partnership,
cooperation among all levels of government, communities, non-governmental
organizations and landholders to establish a better understanding of the
nature and value of land and scarce water resources in affected areas and to
work towards their sustainable use; and
(d) the Parties should take into full consideration the special needs
and circumstances of affected developing country Parties, particularly the
least developed among them.
PART II
GENERAL PROVISIONS
Article 4
General obligations
1. The Parties shall implement their obligations under this
Convention, individually or jointly, either through existing or prospective
bilateral and multilateral arrangements or a combination thereof, as
appropriate, emphasizing the need to coordinate efforts and develop a coherent
long-term strategy at all levels.
2. In pursuing the objective of this Convention, the Parties shall:
(a) adopt an integrated approach addressing the physical, biological
and socio-economic aspects of the processes of desertification and drought;
(b) give due attention, within the relevant international and regional
bodies, to the situation of affected developing country Parties with regard to
international trade, marketing arrangements and debt with a view to
establishing an enabling international economic environment conducive to the
promotion of sustainable development;
(c) integrate strategies for poverty eradication into efforts to
combat desertification and mitigate the effects of drought;
(d) promote cooperation among affected country Parties in the fields
of environmental protection and the conservation of land and water resources,
as they relate to desertification and drought;
(e) strengthen subregional, regional and international cooperation;
(f) cooperate within relevant intergovernmental organizations;
(g) determine institutional mechanisms, if appropriate, keeping in
mind the need to avoid duplication; and
(h) promote the use of existing bilateral and multilateral financial
mechanisms and arrangements that mobilize and channel substantial financial
resources to affected developing country Parties in combating desertification
and mitigating the effects of drought.
3. Affected developing country Parties are eligible for assistance in
the implementation of the Convention.
Article 5
Obligations of affected country Parties
In addition to their obligations pursuant to article 4, affected country
Parties undertake to:
(a) give due priority to combating desertification and mitigating the
effects of drought, and allocate adequate resources in accordance with their
circumstances and capabilities;
(b) establish strategies and priorities, within the framework of
sustainable development plans and/or policies, to combat desertification and
mitigate the effects of drought;
(c) address the underlying causes of desertification and pay special
attention to the socio-economic factors contributing to desertification
processes;
(d) promote awareness and facilitate the participation of local
populations, particularly women and youth, with the support of non-
governmental organizations, in efforts to combat desertification and mitigate
the effects of drought; and
(e) 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.
Article 6
Obligations of developed country Parties
In addition to their general obligations pursuant to article 4,
developed country Parties undertake to:
(a) actively support, as agreed, individually or jointly, the efforts
of affected developing country Parties, particularly those in Africa, and the
least developed countries, to combat desertification and mitigate the effects
of drought;
(b) provide substantial financial resources and other forms of support
to assist affected developing country Parties, particularly those in Africa,
effectively to develop and implement their own long-term plans and strategies
to combat desertification and mitigate the effects of drought;
(c) promote the mobilization of new and additional funding pursuant to
article 20, paragraph 2 (b);
(d) encourage the mobilization of funding from the private sector and
other non-governmental sources; and
(e) promote and facilitate access by affected country Parties,
particularly affected developing country Parties, to appropriate technology,
knowledge and know-how.
Article 7
Priority for Africa
In implementing this Convention, the Parties shall give priority to
affected African country Parties, in the light of the particular situation
prevailing in that region, while not neglecting affected developing country
Parties in other regions.
Article 8
Relationship with other conventions
1. The Parties shall encourage the coordination of activities carried
out under this Convention and, if they are Parties to them, under other
relevant international agreements, particularly the United Nations Framework
Convention on Climate Change and the Convention on Biological Diversity, in
order to derive maximum benefit from activities under each agreement while
avoiding duplication of effort. The Parties shall encourage the conduct of
joint programmes, particularly in the fields of research, training, systematic
observation and information collection and exchange, to the extent that such
activities may contribute to achieving the objectives of the agreements
concerned.
2. The provisions of this Convention shall not affect the rights and
obligations of any Party deriving from a bilateral, regional or international
agreement into which it has entered prior to the entry into force of this
Convention for it.
PART III
ACTION PROGRAMMES, SCIENTIFIC AND TECHNICAL COOPERATION
AND SUPPORTING MEASURES
Section 1: Action programmes
Article 9
Basic approach
1. In carrying out their obligations pursuant to article 5, affected
developing country Parties and any other affected country Party in the
framework of its regional implementation annex or, otherwise, that has
notified the Permanent Secretariat in writing of its intention to prepare a
national action programme, shall, as appropriate, prepare, make public and
implement national action programmes, utilizing and building, to the extent
possible, on existing relevant successful plans and programmes, and
subregional and regional action programmes, as the central element of the
strategy to combat desertification and mitigate the effects of drought. Such
programmes shall be updated through a continuing participatory process on the
basis of lessons from field action, as well as the results of research. The
preparation of national action programmes shall be closely interlinked with
other efforts to formulate national policies for sustainable development.
2. In the provision by developed country Parties of different forms
of assistance under the terms of article 6, priority shall be given to
supporting, as agreed, national, subregional and regional action programmes of
affected developing country Parties, particularly those in Africa, either
directly or through relevant multilateral organizations or both.
3. The Parties shall encourage organs, funds and programmes of the
United Nations system and other relevant intergovernmental organizations,
academic institutions, the scientific community and non-governmental
organizations in a position to cooperate, in accordance with their mandates
and capabilities, to support the elaboration, implementation and follow-up of
action programmes.
Article 10
National action programmes
1. The purpose of national action programmes is to identify the
factors contributing to desertification and practical measures necessary to
combat desertification and mitigate the effects of drought.
2. National action programmes shall specify the respective roles of
government, local communities and land users and the resources available and
needed. They shall, inter alia:
(a) incorporate long-term strategies to combat desertification and
mitigate the effects of drought, emphasize implementation and be integrated
with national policies for sustainable development;
(b) allow for modifications to be made in response to changing
circumstances and be sufficiently flexible at the local level to cope with
different socio-economic, biological and geo-physical conditions;
(c) give particular attention to the implementation of preventive
measures for lands that are not yet degraded or which are only slightly
degraded;
(d) enhance national climatological, meteorological and hydrological
capabilities and the means to provide for drought early warning;
(e) promote policies and strengthen institutional frameworks which
develop cooperation and coordination, in a spirit of partnership, between the
donor community, governments at all levels, local populations and community
groups, and facilitate access by local populations to appropriate information
and technology;
(f) provide for effective participation at the local, national and
regional levels of non-governmental organizations and local populations, both
women and men, particularly resource users, including farmers and pastoralists
and their representative organizations, in policy planning, decision-making,
and implementation and review of national action programmes; and
(g) require regular review of, and progress reports on, their
implementation.
3. National action programmes may include, inter alia, some or all of
the following measures to prepare for and mitigate the effects of drought:
(a) establishment and/or strengthening, as appropriate, of early
warning systems, including local and national facilities and joint systems at
the subregional and regional levels, and mechanisms for assisting
environmentally displaced persons;
(b) strengthening of drought preparedness and management, including
drought contingency plans at the local, national, subregional and regional
levels, which take into consideration seasonal to interannual climate
predictions;
(c) establishment and/or strengthening, as appropriate, of food
security systems, including storage and marketing facilities, particularly in
rural areas;
(d) establishment of alternative livelihood projects that could
provide incomes in drought prone areas; and
(e) development of sustainable irrigation programmes for both crops
and livestock.
4. Taking into account the circumstances and requirements specific to
each affected country Party, national action programmes include, as
appropriate, inter alia, measures in some or all of the following priority
fields as they relate to combating desertification and mitigating the effects
of drought in affected areas and to their populations: promotion of
alternative livelihoods and improvement of national economic environments with
a view to strengthening programmes aimed at the eradication of poverty and at
ensuring food security; demographic dynamics; sustainable management of
natural resources; sustainable agricultural practices; development and
efficient use of various energy sources; institutional and legal frameworks;
strengthening of capabilities for assessment and systematic observation,
including hydrological and meteorological services, and capacity building,
education and public awareness.
Article 11
Subregional and regional action programmes
Affected country Parties shall consult and cooperate to prepare, as
appropriate, in accordance with relevant regional implementation annexes,
subregional and/or regional action programmes to harmonize, complement and
increase the efficiency of national programmes. The provisions of article 10
shall apply mutatis mutandis to subregional and regional programmes. Such
cooperation may include agreed joint programmes for the sustainable management
of transboundary natural resources, scientific and technical cooperation, and
strengthening of relevant institutions.
Article 12
International cooperation
Affected country Parties, in collaboration with other Parties and the
international community, should cooperate to ensure the promotion of an
enabling international environment in the implementation of the Convention.
Such cooperation should also cover fields of technology transfer as well as
scientific research and development, information collection and dissemination
and financial resources.
Article 13
Support for the elaboration and
implementation of action programmes
1. Measures to support action programmes pursuant to article 9
include, inter alia:
(a) financial cooperation to provide predictability for action
programmes, allowing for necessary long-term planning;
(b) elaboration and use of cooperation mechanisms which better enable
support at the local level, including action through non-governmental
organizations, in order to promote the replicability of successful pilot
programme activities where relevant;
(c) increased flexibility in project design, funding and
implementation in keeping with the experimental, iterative approach indicated
for participatory action at the local community level; and
(d) as appropriate, administrative and budgetary procedures that
increase the efficiency of cooperation and of support programmes.
2. In providing such support to affected developing country Parties,
priority shall be given to African country Parties and to least developed
country Parties.
Article 14
Coordination in the elaboration and implementation
of action programmes
1. The Parties shall work closely together, directly and through
relevant intergovernmental organizations, in the elaboration and
implementation of action programmes.
2. The Parties shall develop operational mechanisms, particularly at
the national and field levels, to ensure the fullest possible coordination
among developed country Parties, developing country Parties and relevant
intergovernmental and non-governmental organizations, in order to avoid
duplication, harmonize interventions and approaches, and maximize the impact
of assistance. In affected developing country Parties, priority will be given
to coordinating activities related to international cooperation in order to
maximize the efficient use of resources, to ensure responsive assistance, and
to facilitate the implementation of national action programmes and priorities
under this Convention.
Article 15
Regional implementation annexes
Elements for incorporation in action programmes shall be selected and
adapted to the socio-economic, geographical and climatic factors applicable to
affected country Parties or regions, as well as to their level of development.
Guidelines for the preparation of action programmes and their exact focus and
content for particular subregions and regions are set out in the regional
implementation annexes.
Section 2: Scientific and technical cooperation
Article 16
Information collection, analysis and exchange
The Parties agree, according to their respective capabilities, to
integrate and coordinate the collection, analysis and exchange of relevant
short term and long term data and information to ensure systematic observation
of land degradation in affected areas and to understand better and assess the
processes and effects of drought and desertification. This would help
accomplish, inter alia, early warning and advance planning for periods of
adverse climatic variation in a form suited for practical application by users
at all levels, including especially local populations. To this end, they
shall, as appropriate:
(a) facilitate and strengthen the functioning of the global network of
institutions and facilities for the collection, analysis and exchange of
information, as well as for systematic observation at all levels, which shall,
inter alia:
(i) aim to use compatible standards and systems;
(ii) encompass relevant data and stations, including in
remote areas;
(iii) use and disseminate modern technology for data
collection, transmission and assessment on land degradation; and
(iv) link national, subregional and regional data and
information centres more closely with global information sources;
(b) ensure that the collection, analysis and exchange of information
address the needs of local communities and those of decision makers, with a
view to resolving specific problems, and that local communities are involved
in these activities;
(c) support and further develop bilateral and multilateral programmes
and projects aimed at defining, conducting, assessing and financing the
collection, analysis and exchange of data and information, including, inter
alia, integrated sets of physical, biological, social and economic indicators;
(d) make full use of the expertise of competent intergovernmental and
non-governmental organizations, particularly to disseminate relevant
information and experiences among target groups in different regions;
(e) give full weight to the collection, analysis and exchange of
socio-economic data, and their integration with physical and biological data;
(f) exchange and make fully, openly and promptly available information
from all publicly available sources relevant to combating desertification and
mitigating the effects of drought; and
(g) subject to their respective national legislation and/or policies,
exchange information on local and traditional knowledge, ensuring adequate
protection for it and providing appropriate return from the benefits derived
from it, on an equitable basis and on mutually agreed terms, to the local
populations concerned.
Article 17
Research and development
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, subregional, regional and international institutions. To this end,
they shall support research activities that:
(a) contribute to increased knowledge of the processes leading to
desertification and drought and the impact of, and distinction between, causal
factors, both natural and human, with a view to combating desertification and
mitigating the effects of drought, and achieving improved productivity as well
as sustainable use and management of resources;
(b) respond to well defined objectives, address the specific needs of
local populations and lead to the identification and implementation of
solutions that improve the living standards of people in affected areas;
(c) 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;
(d) develop and strengthen national, subregional and regional research
capabilities in affected developing country Parties, particularly in Africa,
including the development of local skills and the strengthening of appropriate
capacities, especially in countries with a weak research base, giving
particular attention to multidisciplinary and participative socio-economic
research;
(e) take into account, where relevant, the relationship between
poverty, migration caused by environmental factors, and desertification;
(f) promote the conduct of joint research programmes between national,
subregional, regional and international research organizations, in both the
public and private sectors, for the development of improved, affordable and
accessible technologies for sustainable development through effective
participation of local populations and communities; and
(g) enhance the availability of water resources in affected areas, by
means of, inter alia, cloud-seeding.
2. Research priorities for particular regions and subregions,
reflecting different local conditions, should be included in action
programmes. The Conference of the Parties shall review research priorities
periodically on the advice of the Committee on Science and Technology.
Article 18
Transfer, acquisition, adaptation and development of technology
1. 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 Parties shall, in particular:
(a) fully utilize relevant existing national, subregional, 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;
(b) facilitate access, in particular by affected developing country
Parties, on favourable terms, including on concessional and preferential
terms, as mutually agreed, taking into account the need to protect
intellectual property rights, to technologies most suitable to practical
application for specific needs of local populations, paying special attention
to the social, cultural, economic and environmental impact of such technology;
(c) facilitate technology cooperation among affected country Parties
through financial assistance or other appropriate means;
(d) extend technology cooperation with affected developing country
Parties, including, where relevant, joint ventures, especially to sectors
which foster alternative livelihoods; and
(e) take appropriate measures to create domestic market conditions and
incentives, fiscal or otherwise, conducive to the development, transfer,
acquisition and adaptation of suitable technology, knowledge, know-how and
practices, including measures to ensure adequate and effective protection of
intellectual property rights.
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:
(a) 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;
(b) 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;
(c) 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
(d) facilitate, as appropriate, the adaptation of such technology,
knowledge, know-how and practices to wide use and integrate them with modern
technology, as appropriate.
Section 3: Supporting measures
Article 19
Capacity building, education and public awareness
1. The Parties recognize 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. They shall promote, as appropriate,
capacity-building:
(a) through the full participation at all levels of local people,
particularly at the local level, especially women and youth, with the
cooperation of non-governmental and local organizations;
(b) by strengthening training and research capacity at the national
level in the field of desertification and drought;
(c) by establishing and/or strengthening support and extension
services to disseminate relevant technology methods and techniques more
effectively, and by training field agents and members of rural organizations
in participatory approaches for the conservation and sustainable use of
natural resources;
(d) by fostering the use and dissemination of the knowledge, know-how
and practices of local people in technical cooperation programmes, wherever
possible;
(e) by adapting, where necessary, relevant environmentally sound
technology and traditional methods of agriculture and pastoralism to modern
socio-economic conditions;
(f) by 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;
(g) through cooperation, as mutually agreed, to strengthen the
capacity of affected developing country Parties to develop and implement
programmes in the field of collection, analysis and exchange of information
pursuant to article 16;
(h) through innovative ways of promoting alternative livelihoods,
including training in new skills;
(i) by training of decision makers, managers, and personnel who are
responsible for the collection and analysis of data for the dissemination and
use of early warning information on drought conditions and for food
production;
(j) through more effective operation of existing national institutions
and legal frameworks and, where necessary, creation of new ones, along with
strengthening of strategic planning and management; and
(k) by means of exchange visitor programmes to enhance capacity
building in affected country Parties through a long-term, interactive process
of learning and study.
2. Affected developing country Parties shall conduct, in cooperation
with other Parties and competent intergovernmental and non-governmental
organizations, as appropriate, an interdisciplinary review of available
capacity and facilities at the local and national levels, and the potential
for strengthening them.
3. 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. To that
end, they shall:
(a) organize awareness campaigns for the general public;
(b) promote, on a permanent basis, access by the public to relevant
information, and wide public participation in education and awareness
activities;
(c) encourage the establishment of associations that contribute to
public awareness;
(d) develop and exchange educational and public awareness material,
where possible in local languages, exchange and second experts to train
personnel of affected developing country Parties in carrying out relevant
education and awareness programmes, and fully utilize relevant educational
material available in competent international bodies;
(e) assess educational needs in affected areas, elaborate appropriate
school curricula and expand, as needed, educational and adult literacy
programmes and opportunities for all, in particular for girls and women, on
the identification, conservation and sustainable use and management of the
natural resources of affected areas; and
(f) develop interdisciplinary participatory programmes integrating
desertification and drought awareness into educational systems and in non-
formal, adult, distance and practical educational programmes.
4. The Conference of the Parties shall establish and/or strengthen
networks of regional education and training centres to combat desertification
and mitigate the effects of drought. These networks shall be coordinated by
an institution created or designated for that purpose, in order to train
scientific, technical and management personnel and to strengthen existing
institutions responsible for education and training in affected country
Parties, where appropriate, with a view to harmonizing programmes and to
organizing exchanges of experience among them. These networks shall cooperate
closely with relevant intergovernmental and non-governmental organizations to
avoid duplication of effort.
Article 20
Financial resources
1. Given the central importance of financing to the achievement of
the objective of the Convention, the Parties, taking into account their
capabilities, shall make every effort to ensure that adequate financial
resources are available for programmes to combat desertification and mitigate
the effects of drought.
2. In this connection, developed country Parties, while giving
priority to affected African country Parties without neglecting affected
developing country Parties in other regions, in accordance with article 7,
undertake to:
(a) mobilize substantial financial resources, including grants and
concessional loans, in order to support the implementation of programmes to
combat desertification and mitigate the effects of drought;
(b) promote the mobilization of adequate, timely and predictable
financial resources, including new and additional funding from the Global
Environment Facility of the agreed incremental costs of those activities
concerning desertification that relate to its four focal areas, in conformity
with the relevant provisions of the Instrument establishing the Global
Environment Facility;
(c) facilitate through international cooperation the transfer of
technology, knowledge and know-how; and
(d) explore, in cooperation with affected developing country Parties,
innovative methods and incentives for mobilizing and channelling resources,
including those of foundations, non-governmental organizations and other
private sector entities, particularly debt swaps and other innovative means
which increase financing by reducing the external debt burden of affected
developing country Parties, particularly those in Africa.
3. Affected developing country Parties, taking into account their
capabilities, undertake to mobilize adequate financial resources for the
implementation of their national action programmes.
4. In mobilizing financial resources, the Parties shall seek full use
and continued qualitative improvement of all national, bilateral and
multilateral funding sources and mechanisms, using consortia, joint programmes
and parallel financing, and shall seek to involve private sector funding
sources and mechanisms, including those of non-governmental organizations. To
this end, the Parties shall fully utilize the operational mechanisms developed
pursuant to article 14.
5. In order to mobilize the financial resources necessary for
affected developing country Parties to combat desertification and mitigate the
effects of drought, the Parties shall:
(a) rationalize and strengthen the management of resources already
allocated for combating desertification and mitigating the effects of drought
by using them more effectively and efficiently, assessing their successes and
shortcomings, removing hindrances to their effective use and, where necessary,
reorienting programmes in light of the integrated long-term approach adopted
pursuant to this Convention;
(b) give due priority and attention within the governing bodies of
multilateral financial institutions, facilities and funds, including regional
development banks and funds, to supporting affected developing country
Parties, particularly those in Africa, in activities which advance
implementation of the Convention, notably action programmes they undertake in
the framework of regional implementation annexes; and
(c) examine ways in which regional and subregional cooperation can be
strengthened to support efforts undertaken at the national level.
6. Other Parties are encouraged to provide, on a voluntary basis,
knowledge, know-how and techniques related to desertification and/or financial
resources to affected developing country Parties.
7. The full implementation by affected developing country Parties,
particularly those in Africa, of their obligations under the Convention will
be greatly assisted by the fulfilment by developed country Parties of their
obligations under the Convention, including in particular those regarding
financial resources and transfer of technology. In fulfilling their
obligations, developed country Parties should take fully into account that
economic and social development and poverty eradication are the first
priorities of affected developing country Parties, particularly those in
Africa.
Article 21
Financial mechanisms
1. The Conference of the Parties shall promote the availability of
financial mechanisms and shall encourage such mechanisms to seek to maximize
the availability of funding for affected developing country Parties,
particularly those in Africa, to implement the Convention. To this end, the
Conference of the Parties shall consider for adoption inter alia approaches
and policies that:
(a) facilitate the provision of necessary funding at the national,
subregional, regional and global levels for activities pursuant to relevant
provisions of the Convention;
(b) promote multiple-source funding approaches, mechanisms and
arrangements and their assessment, consistent with article 20;
(c) provide on a regular basis, to interested Parties and relevant
intergovernmental and non-governmental organizations, information on available
sources of funds and on funding patterns in order to facilitate coordination
among them;
(d) facilitate the establishment, as appropriate, of mechanisms, such
as national desertification funds, including those involving the participation
of non-governmental organizations, to channel financial resources rapidly and
efficiently to the local level in affected developing country Parties; and
(e) strengthen existing funds and financial mechanisms at the
subregional and regional levels, particularly in Africa, to support more
effectively the implementation of the Convention.
2. The Conference of the Parties shall also encourage the provision,
through various mechanisms within the United Nations system and through
multilateral financial institutions, of support at the national, subregional
and regional levels to activities that enable developing country Parties to
meet their obligations under the Convention.
3. Affected developing country Parties shall utilize, and where
necessary, establish and/or strengthen, national coordinating mechanisms,
integrated in national development programmes, that would ensure the efficient
use of all available financial resources. They shall also utilize
participatory processes involving non-governmental organizations, local groups
and the private sector, in raising funds, in elaborating as well as
implementing programmes and in assuring access to funding by groups at the
local level. These actions can be enhanced by improved coordination and
flexible programming on the part of those providing assistance.
4. In order to increase the effectiveness and efficiency of existing
financial mechanisms, a Global Mechanism to promote actions leading to the
mobilization and channelling of substantial financial resources, including for
the transfer of technology, on a grant basis, and/or on concessional or other
terms, to affected developing country Parties, is hereby established. This
Global Mechanism shall function under the authority and guidance of the
Conference of the Parties and be accountable to it.
5. The Conference of the Parties shall identify, at its first
ordinary session, an organization to house the Global Mechanism. The
Conference of the Parties and the organization it has identified shall agree
upon modalities for this Global Mechanism to ensure inter alia that such
Mechanism:
(a) identifies and draws up an inventory of relevant bilateral and
multilateral cooperation programmes that are available to implement the
Convention;
(b) provides advice, on request, to Parties on innovative methods of
financing and sources of financial assistance and on improving the
coordination of cooperation activities at the national level;
(c) provides interested Parties and relevant intergovernmental and
non-governmental organizations with information on available sources of funds
and on funding patterns in order to facilitate coordination among them; and
(d) reports to the Conference of the Parties, beginning at its second
ordinary session, on its activities.
6. The Conference of the Parties shall, at its first session, make
appropriate arrangements with the organization it has identified to house the
Global Mechanism for the administrative operations of such Mechanism, drawing
to the extent possible on existing budgetary and human resources.
7. The Conference of the Parties shall, at its third ordinary
session, review the policies, operational modalities and activities of the
Global Mechanism accountable to it pursuant to paragraph 4, taking into
account the provisions of article 7. On the basis of this review, it shall
consider and take appropriate action.
PART IV
INSTITUTIONS
Article 22
Conference of the Parties
1. A Conference of the Parties is hereby established.
2. The Conference of the Parties is the supreme body of the
Convention. It shall make, within its mandate, the decisions necessary to
promote its effective implementation. In particular, it shall:
(a) regularly review the implementation of the Convention and the
functioning of its institutional arrangements in the light of the experience
gained at the national, subregional, regional and international levels and on
the basis of the evolution of scientific and technological knowledge;
(b) promote and facilitate the exchange of information on measures
adopted by the Parties, and determine the form and timetable for transmitting
the information to be submitted pursuant to article 26, review the reports and
make recommendations on them;
(c) establish such subsidiary bodies as are deemed necessary for the
implementation of the Convention;
(d) review reports submitted by its subsidiary bodies and provide
guidance to them;
(e) agree upon and adopt, by consensus, rules of procedure and
financial rules for itself and any subsidiary bodies;
(f) adopt amendments to the Convention pursuant to articles 30 and 31;
(g) approve a programme and budget for its activities, including those
of its subsidiary bodies, and undertake necessary arrangements for their
financing;
(h) as appropriate, seek the cooperation of, and utilize the services
of and information provided by, competent bodies or agencies, whether national
or international, intergovernmental or non-governmental;
(i) promote and strengthen the relationship with other relevant
conventions while avoiding duplication of effort; and
(j) exercise such other functions as may be necessary for the
achievement of the objective of the Convention.
3. The Conference of the Parties shall, at its first session, adopt
its own rules of procedure, by consensus, which shall include decision-making
procedures for matters not already covered by decision-making procedures
stipulated in the Convention. Such procedures may include specified
majorities required for the adoption of particular decisions.
4. The first session of the Conference of the Parties shall be
convened by the interim secretariat referred to in article 35 and shall take
place not later than one year after the date of entry into force of the
Convention. Unless otherwise decided by the Conference of the Parties, the
second, third and fourth ordinary sessions shall be held yearly, and
thereafter, ordinary sessions shall be held every two years.
5. Extraordinary sessions of the Conference of the Parties shall be
held at such other times as may be decided either by the Conference of the
Parties in ordinary session or at the written request of any Party, provided
that, within three months of the request being communicated to the Parties by
the Permanent Secretariat, it is supported by at least one third of the
Parties.
6. At each ordinary session, the Conference of the Parties shall
elect a Bureau. The structure and functions of the Bureau shall be determined
in the rules of procedure. In appointing the Bureau, due regard shall be paid
to the need to ensure equitable geographical distribution and adequate
representation of affected country Parties, particularly those in Africa.
7. The United Nations, its specialized agencies and any State member
thereof or observers thereto not Party to the Convention, may be represented
at sessions of the Conference of the Parties as observers. Any body or
agency, whether national or international, governmental or non-governmental,
which is qualified in matters covered by the Convention, and which has
informed the Permanent Secretariat of its wish to be represented at a session
of the Conference of the Parties as an observer, may be so admitted unless at
least one
third of the Parties present object. The admission and participation of
observers shall be subject to the rules of procedure adopted by the Conference
of the Parties.
8. The Conference of the Parties may request competent national and
international organizations which have relevant expertise to provide it
with information relevant to article 16, paragraph (g), article 17, paragraph
1 (c) and article 18, paragraph 2(b).
Article 23
Permanent Secretariat
1. A Permanent Secretariat is hereby established.
2. The functions of the Permanent Secretariat shall be:
(a) to make arrangements for sessions of the Conference of the Parties
and its subsidiary bodies established under the Convention and to provide them
with services as required;
(b) to compile and transmit reports submitted to it;
(c) to facilitate assistance to affected developing country Parties,
on request, particularly those in Africa, in the compilation and communication
of information required under the Convention;
(d) to coordinate its activities with the secretariats of other
relevant international bodies and conventions;
(e) to enter, under the guidance of the Conference of the Parties,
into such administrative and contractual arrangements as may be required for
the effective discharge of its functions;
(f) to prepare reports on the execution of its functions under this
Convention and present them to the Conference of the Parties; and
(g) to perform such other secretariat functions as may be determined
by the Conference of the Parties.
3. The Conference of the Parties, at its first session, shall
designate a Permanent Secretariat and make arrangements for its functioning.
Article 24
Committee on Science and Technology
1. A Committee on Science and Technology is hereby established as a
subsidiary body of the Conference of the Parties to provide it with
information and advice on scientific and technological matters relating to
combating desertification and mitigating the effects of drought. The
Committee shall meet in conjunction with the ordinary sessions of the
Conference of the Parties and shall be multidisciplinary and open to the
participation of all Parties. It shall be composed of government
representatives competent in the relevant fields of expertise. The Conference
of the Parties shall decide, at its first session, on the terms of reference
of the Committee.
2. The Conference of the Parties shall establish and maintain a
roster of independent experts with expertise and experience in the relevant
fields. The roster shall be based on nominations received in writing from the
Parties, taking into account the need for a multidisciplinary approach and
broad geographical representation.
3. The Conference of the Parties may, as necessary, appoint ad hoc
panels to provide it, through the Committee, with information and advice on
specific issues regarding the state of the art in fields of science and
technology relevant to combating desertification and mitigating the effects of
drought. These panels shall be composed of experts whose names are taken from
the roster, taking into account the need for a multidisciplinary approach and
broad geographical representation. These experts shall have scientific
backgrounds and field experience and shall be appointed by the Conference of
the Parties on the recommendation of the Committee. The Conference of the
Parties shall decide on the terms of reference and the modalities of work of
these panels.
Article 25
Networking of institutions, agencies and bodies
1. The Committee on Science and Technology shall, under the
supervision of the Conference of the Parties, make provision for the
undertaking of a survey and evaluation of the relevant existing networks,
institutions, agencies and bodies willing to become units of a network. Such
a network shall support the implementation of the Convention.
2. On the basis of the results of the survey and evaluation referred
to in paragraph 1, the Committee on Science and Technology shall make
recommendations to the Conference of the Parties on ways and means to
facilitate and strengthen networking of the units at the local, national and
other levels, with a view to ensuring that the thematic needs set out in
articles 16 to 19 are addressed.
3. Taking into account these recommendations, the Conference of the
Parties shall:
(a) identify those national, subregional, regional and international
units that are most appropriate for networking, and recommend operational
procedures, and a time frame, for them; and
(b) identify the units best suited to facilitating and strengthening
such networking at all levels.
PART V
PROCEDURES
Article 26
Communication of information
1. Each Party shall communicate to the Conference of the Parties for
consideration at its ordinary sessions, through the Permanent Secretariat,
reports on the measures which it has taken for the implementation of the
Convention. The Conference of the Parties shall determine the timetable for
submission and the format of such reports.
2. Affected country Parties shall provide a description of the
strategies established pursuant to article 5 and of any relevant information
on their implementation.
3. Affected country Parties which implement action programmes
pursuant to articles 9 to 15 shall provide a detailed description of the
programmes and of their implementation.
4. Any group of affected country Parties may make a joint
communication on measures taken at the subregional and/or regional levels in
the framework of action programmes.
5. Developed country Parties shall report on measures taken to assist
in the preparation and implementation of action programmes, including
information on the financial resources they have provided, or are providing,
under the Convention.
6. Information communicated pursuant to paragraphs 1 to 4 shall be
transmitted by the Permanent Secretariat as soon as possible to the Conference
of the Parties and to any relevant subsidiary body.
7. The Conference of the Parties shall facilitate the provision to
affected developing countries, particularly those in Africa, on request, of
technical and financial support in compiling and communicating information in
accordance with this article, as well as identifying the technical and
financial needs associated with action programmes.
Article 27
Measures to resolve questions on implementation
The Conference of the Parties shall consider and adopt procedures and
institutional mechanisms for the resolution of questions that may arise with
regard to the implementation of the Convention.
Article 28
Settlement of disputes
1. Parties shall settle any dispute between them concerning the
interpretation or application of the Convention through negotiation or other
peaceful means of their own choice.
2. When ratifying, accepting, approving, or acceding to the
Convention, or at any time thereafter, a Party which is not a regional
economic integration organization may declare in a written instrument
submitted to the Depositary that, in respect of any dispute concerning the
interpretation or application of the Convention, it recognizes one or both of
the following means of dispute settlement as compulsory in relation to any
Party accepting the same obligation:
(a) arbitration in accordance with procedures adopted by the
Conference of the Parties in an annex as soon as practicable;
(b) submission of the dispute to the International Court of Justice.
3. A Party which is a regional economic integration organization may
make a declaration with like effect in relation to arbitration in accordance
with the procedure referred to in paragraph 2 (a).
4. A declaration made pursuant to paragraph 2 shall remain in force
until it expires in accordance with its terms or until three months after
written notice of its revocation has been deposited with the Depositary.
5. The expiry of a declaration, a notice of revocation or a new
declaration shall not in any way affect proceedings pending before an arbitral
tribunal or the International Court of Justice unless the Parties to the
dispute otherwise agree.
6. If the Parties to a dispute have not accepted the same or any
procedure pursuant to paragraph 2 and if they have not been able to settle
their dispute within twelve months following notification by one Party to
another that a dispute exists between them, the dispute shall be submitted to
conciliation at the request of any Party to the dispute, in accordance with
procedures adopted by the Conference of the Parties in an annex as soon as
practicable.
Article 29
Status of annexes
1. Annexes form an integral part of the Convention and, unless
expressly provided otherwise, a reference to the Convention also constitutes a
reference to its annexes.
2. The Parties shall interpret the provisions of the annexes in a
manner that is in conformity with their rights and obligations under the
articles of this Convention.
Article 30
Amendments to the Convention
1. Any Party may propose amendments to the Convention.
2. Amendments to the Convention shall be adopted at an ordinary
session of the Conference of the Parties. The text of any proposed amendment
shall be communicated to the Parties by the Permanent Secretariat at least six
months before the meeting at which it is proposed for adoption. The Permanent
Secretariat shall also communicate proposed amendments to the signatories to
the Convention.
3. The Parties shall make every effort to reach agreement on any
proposed amendment to the Convention by consensus. If all efforts at
consensus have been exhausted and no agreement reached, the amendment shall,
as a last resort, be adopted by a two-thirds majority vote of the Parties
present and voting at the meeting. The adopted amendment shall be
communicated by the Permanent Secretariat to the Depositary, who shall
circulate it to all Parties for their ratification, acceptance, approval or
accession.
4. Instruments of ratification, acceptance, approval or accession in
respect of an amendment shall be deposited with the Depositary. An amendment
adopted pursuant to paragraph 3 shall enter into force for those Parties
having accepted it on the ninetieth day after the date of receipt by the
Depositary of an instrument of ratification, acceptance, approval or accession
by at least two thirds of the Parties to the Convention which were Parties at
the time of the adoption of the amendment.
5. The amendment shall enter into force for any other Party on the
ninetieth day after the date on which that Party deposits with the Depositary
its instrument of ratification, acceptance or approval of, or accession to the
said amendment.
6. For the purposes of this article and article 31, "Parties present
and voting" means Parties present and casting an affirmative or negative vote.
Article 31
Adoption and amendment of annexes
1. Any additional annex to the Convention and any amendment to an
annex shall be proposed and adopted in accordance with the procedure for
amendment of the Convention set forth in article 30, provided that, in
adopting an additional regional implementation annex or amendment to any
regional implementation annex, the majority provided for in that article shall
include a two-thirds majority vote of the Parties of the region concerned
present and voting. The adoption or amendment of an annex shall be
communicated by the Depositary to all Parties.
2. An annex, other than an additional regional implementation annex,
or an amendment to an annex, other than an amendment to any regional
implementation annex, that has been adopted in accordance with paragraph 1,
shall enter into force for all Parties to the Convention six months after the
date of communication by the Depositary to such Parties of the adoption of
such annex or amendment, except for those Parties that have notified the
Depositary in writing within that period of their non-acceptance of such annex
or amendment. Such annex or amendment shall enter into force for Parties
which withdraw their notification of non-acceptance on the ninetieth day after
the date on which withdrawal of such notification has been received by the
Depositary.
3. An additional regional implementation annex or amendment to any
regional implementation annex that has been adopted in accordance with
paragraph 1, shall enter into force for all Parties to the Convention six
months after the date of the communication by the Depositary to such Parties
of the adoption of such annex or amendment, except with respect to:
(a) any Party that has notified the Depositary in writing, within such
six month period, of its non-acceptance of that additional regional
implementation annex or of the amendment to the regional implementation annex,
in which case such annex or amendment shall enter into force for Parties which
withdraw their notification of non-acceptance on the ninetieth day after the
date on which withdrawal of such notification has been received by the
Depositary; and
(b) any Party that has made a declaration with respect to additional
regional implementation annexes or amendments to regional implementation
annexes in accordance with article 34, paragraph 4, in which case any such
annex or amendment shall enter into force for such a Party on the ninetieth
day after the date of deposit with the Depositary of its instrument of
ratification, acceptance, approval or accession with respect to such annex or
amendment.
4. If the adoption of an annex or an amendment to an annex involves
an amendment to the Convention, that annex or amendment to an annex shall not
enter into force until such time as the amendment to the Convention enters
into force.
Article 32
Right to vote
1. Except as provided for in paragraph 2, each Party to the
Convention shall have one vote.
2. Regional economic integration organizations, in matters within
their competence, shall exercise their right to vote with a number of votes
equal to the number of their member States that are Parties to the Convention.
Such an organization shall not exercise its right to vote if any of its member
States exercises its right, and vice versa.
PART VI
FINAL PROVISIONS
Article 33
Signature
This Convention shall be opened for signature at Paris, on 14-15
October 1994, by States Members of the United Nations or any of its
specialized agencies or that are Parties to the Statute of the International
Court of Justice and by regional economic integration organizations. It shall
remain open for signature, thereafter, at the United Nations Headquarters in
New York until 13 October 1995.
Article 34
Ratification, acceptance, approval and accession
1. The Convention shall be subject to ratification, acceptance,
approval or accession by States and by regional economic integration
organizations. It shall be open for accession from the day after the date on
which the Convention is closed for signature. Instruments of ratification,
acceptance, approval or accession shall be deposited with the Depositary.
2. Any regional economic integration organization which becomes a
Party to the Convention without any of its member States being a Party to the
Convention shall be bound by all the obligations under the Convention. Where
one or more member States of such an organization are also Party to the
Convention, the organization and its member States shall decide on their
respective responsibilities for the performance of their obligations under the
Convention. In such cases, the organization and the member States shall not be
entitled to exercise rights under the Convention concurrently.
3. In their instruments of ratification, acceptance, approval or
accession, regional economic integration organizations shall declare the
extent of their competence with respect to the matters governed by the
Convention. They shall also promptly inform the Depositary, who shall in turn
inform the Parties, of any substantial modification in the extent of their
competence.
4. In its instrument of ratification, acceptance, approval or
accession, any Party may declare that, with respect to it, any additional
regional implementation annex or any amendment to any regional implementation
annex shall enter into force only upon the
ELABORATION OF AN INTERNATIONAL CONVENTION TO COMBAT DESERTIFICATION
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GENERAL
A/AC.241/27
12 September 1994
ENGLISH
Original: ENGLISH
INTERGOVERNMENTAL NEGOTIATING COMMITTEE FOR
THE ELABORATION OF AN INTERNATIONAL CONVENTION
TO COMBAT DESERTIFICATION IN THOSE COUNTRIES
EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
ELABORATION OF AN INTERNATIONAL CONVENTION TO COMBAT DESERTIFICATION
IN COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR DESERTIFICATION,
PARTICULARLY IN AFRICA
Final text of the Convention
Note by the Secretariat
Attached is the final text of the United Nations Convention to Combat
Desertification in Those Countries Experiencing Serious Drought and/or
Desertification, Particularly in Africa, following completion of the
verification processes as requested by the INCD upon adoption of the
Convention at its fifth session, on 17 June 1994.
The final text has been forwarded to the Office of Legal Affairs of the
United Nations, which acts as Depositary, in order to prepare for the signing
ceremony to be held in Paris, on 14-15 October 1994.
UNITED NATIONS CONVENTION TO COMBAT DESERTIFICATION
IN THOSE COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
The Parties to this Convention,
Affirming that human beings in affected or threatened areas are at the
centre of concerns to combat desertification and mitigate the effects of
drought,
Reflecting the urgent concern of the international community, including
States and international organizations, about the adverse impacts of
desertification and drought,
Aware that arid, semi-arid and dry sub-humid areas together account for
a significant proportion of the Earth's land area and are the habitat and
source of livelihood for a large segment of its population,
Acknowledging that desertification and drought are problems of global
dimension in that they affect all regions of the world and that joint action
of the international community is needed to combat desertification and/or
mitigate the effects of drought,
Noting the high concentration of developing countries, notably the least
developed countries, among those experiencing serious drought and/or
desertification, and the particularly tragic consequences of these phenomena
in Africa,
Noting also that desertification is caused by complex interactions among
physical, biological, political, social, cultural and economic factors,
Considering the impact of trade and relevant aspects of international
economic relations on the ability of affected countries to combat
desertification adequately,
Conscious that sustainable economic growth, social development and
poverty eradication are priorities of affected developing countries,
particularly in Africa, and are essential to meeting sustainability
objectives,
Mindful that desertification and drought affect sustainable development
through their interrelationships with important social problems such as
poverty, poor health and nutrition, lack of food security, and those arising
from migration, displacement of persons and demographic dynamics,
Appreciating the significance of the past efforts and experience of
States and international organizations in combating desertification and
mitigating the effects of drought, particularly in implementing the Plan of
Action to Combat Desertification which was adopted at the United Nations
Conference on Desertification in 1977,
Realizing that, despite efforts in the past, progress in combating
desertification and mitigating the effects of drought has not met expectations
and that a new and more effective approach is needed at all levels within the
framework of sustainable development,
Recognizing the validity and relevance of decisions adopted at the
United Nations Conference on Environment and Development, particularly of
Agenda 21 and its chapter 12, which provide a basis for combating
desertification,
Reaffirming in this light the commitments of developed countries as
contained in paragraph 13 of chapter 33 of Agenda 21,
Recalling General Assembly resolution 47/188, particularly the priority
in it prescribed for Africa, and all other relevant United Nations
resolutions, decisions and programmes on desertification and drought, as well
as relevant declarations by African countries and those from other regions,
Reaffirming the Rio Declaration on Environment and Development which
states, in its Principle 2, that States have, in accordance with the Charter
of the United Nations and the principles of international law, the sovereign
right to exploit their own resources pursuant to their own environmental and
developmental policies, and the responsibility to ensure that activities
within their jurisdiction or control do not cause damage to the environment of
other States or of areas beyond the limits of national jurisdiction,
Recognizing that national Governments play a critical role in combating
desertification and mitigating the effects of drought and that progress in
that respect depends on local implementation of action programmes in affected
areas,
Recognizing also the importance and necessity of international
cooperation and partnership in combating desertification and mitigating the
effects of drought,
Recognizing further the importance of the provision to affected
developing countries, particularly in Africa, of effective means, inter alia
substantial financial resources, including new and additional funding, and
access to technology, without which it will be difficult for them to implement
fully their commitments under this Convention,
Expressing concern over the impact of desertification and drought on
affected countries in Central Asia and the Transcaucasus,
Stressing the important role played by women in regions affected by
desertification and/or drought, particularly in rural areas of developing
countries, and the importance of ensuring the full participation of both men
and women at all levels in programmes to combat desertification and mitigate
the effects of drought,
Emphasizing the special role of non-governmental organizations and other
major groups in programmes to combat desertification and mitigate the effects
of drought,
Bearing in mind the relationship between desertification and other
environmental problems of global dimension facing the international and
national communities,
Bearing also in mind the contribution that combating desertification can
make to achieving the objectives of the United Nations Framework Convention on
Climate Change, the Convention on Biological Diversity and other related
environmental conventions,
Believing that strategies to combat desertification and mitigate the
effects of drought will be most effective if they are based on sound
systematic observation and rigorous scientific knowledge and if they are
continuously re-evaluated,
Recognizing the urgent need to improve the effectiveness and
coordination of international cooperation to facilitate the implementation of
national plans and priorities,
Determined to take appropriate action in combating desertification and
mitigating the effects of drought for the benefit of present and future
generations,
Have agreed as follows:
PART I
INTRODUCTION
Article 1
Use of terms
For the purposes of this Convention:
(a) "desertification" means land degradation in arid, semi-arid and
dry sub-humid areas resulting from various factors, including climatic
variations and human activities;
(b) "combating desertification" includes activities which are part of
the integrated development of land in arid, semi-arid and dry sub-humid areas
for sustainable development which are aimed at:
(i) prevention and/or reduction of land degradation;
(ii) rehabilitation of partly degraded land; and
(iii) reclamation of desertified land;
(c) "drought" means the naturally occurring phenomenon that exists
when precipitation has been significantly below normal recorded levels,
causing serious hydrological imbalances that adversely affect land resource
production systems;
(d) "mitigating the effects of drought" means activities related to
the prediction of drought and intended to reduce the vulnerability of society
and natural systems to drought as it relates to combating desertification;
(e) "land" means the terrestrial bio-productive system that comprises
soil, vegetation, other biota, and the ecological and hydrological processes
that operate within the system;
(f) "land degradation" means reduction or loss, in arid, semi-arid and
dry sub-humid areas, of the biological or economic productivity and complexity
of rainfed cropland, irrigated cropland, or range, pasture, forest and
woodlands resulting from land uses or from a process or combination of
processes, including processes arising from human activities and habitation
patterns, such as:
(i) soil erosion caused by wind and/or water;
(ii) deterioration of the physical, chemical and biological
or economic properties of soil; and
(iii) long-term loss of natural vegetation;
(g) "arid, semi-arid and dry sub-humid areas" means areas, other than
polar and sub-polar regions, in which the ratio of annual precipitation to
potential evapotranspiration falls within the range from 0.05 to 0.65;
(h) "affected areas" means arid, semi-arid and/or dry sub-humid areas
affected or threatened by desertification;
(i) "affected countries" means countries whose lands include, in whole
or in part, affected areas;
(j) "regional economic integration organization" means an organization
constituted by sovereign States of a given region which has competence in
respect of matters governed by this Convention and has been duly authorized,
in accordance with its internal procedures, to sign, ratify, accept, approve
or accede to this Convention;
(k) "developed country Parties" means developed country Parties and
regional economic integration organizations constituted by developed
countries.
Article 2
Objective
1. The objective of this Convention is to combat desertification and
mitigate the effects of drought in countries experiencing serious drought
and/or desertification, particularly in Africa, through effective action at
all levels, supported by international cooperation and partnership
arrangements, in the framework of an integrated approach which is consistent
with Agenda 21, with a view to contributing to the achievement of sustainable
development in affected areas.
2. Achieving this objective will involve long-term integrated
strategies that focus simultaneously, in affected areas, on improved
productivity of land, and the rehabilitation, conservation and sustainable
management of land and water resources, leading to improved living conditions,
in particular at the community level.
Article 3
Principles
In order to achieve the objective of this Convention and to implement
its provisions, the Parties shall be guided, inter alia, by the following:
(a) the Parties should ensure that decisions on the design and
implementation of programmes to combat desertification and/or mitigate the
effects of drought are taken with the participation of populations and local
communities and that an enabling environment is created at higher levels to
facilitate action at national and local levels;
(b) the Parties should, in a spirit of international solidarity and
partnership, improve cooperation and coordination at subregional, regional and
international levels, and better focus financial, human, organizational and
technical resources where they are needed;
(c) the Parties should develop, in a spirit of partnership,
cooperation among all levels of government, communities, non-governmental
organizations and landholders to establish a better understanding of the
nature and value of land and scarce water resources in affected areas and to
work towards their sustainable use; and
(d) the Parties should take into full consideration the special needs
and circumstances of affected developing country Parties, particularly the
least developed among them.
PART II
GENERAL PROVISIONS
Article 4
General obligations
1. The Parties shall implement their obligations under this
Convention, individually or jointly, either through existing or prospective
bilateral and multilateral arrangements or a combination thereof, as
appropriate, emphasizing the need to coordinate efforts and develop a coherent
long-term strategy at all levels.
2. In pursuing the objective of this Convention, the Parties shall:
(a) adopt an integrated approach addressing the physical, biological
and socio-economic aspects of the processes of desertification and drought;
(b) give due attention, within the relevant international and regional
bodies, to the situation of affected developing country Parties with regard to
international trade, marketing arrangements and debt with a view to
establishing an enabling international economic environment conducive to the
promotion of sustainable development;
(c) integrate strategies for poverty eradication into efforts to
combat desertification and mitigate the effects of drought;
(d) promote cooperation among affected country Parties in the fields
of environmental protection and the conservation of land and water resources,
as they relate to desertification and drought;
(e) strengthen subregional, regional and international cooperation;
(f) cooperate within relevant intergovernmental organizations;
(g) determine institutional mechanisms, if appropriate, keeping in
mind the need to avoid duplication; and
(h) promote the use of existing bilateral and multilateral financial
mechanisms and arrangements that mobilize and channel substantial financial
resources to affected developing country Parties in combating desertification
and mitigating the effects of drought.
3. Affected developing country Parties are eligible for assistance in
the implementation of the Convention.
Article 5
Obligations of affected country Parties
In addition to their obligations pursuant to article 4, affected country
Parties undertake to:
(a) give due priority to combating desertification and mitigating the
effects of drought, and allocate adequate resources in accordance with their
circumstances and capabilities;
(b) establish strategies and priorities, within the framework of
sustainable development plans and/or policies, to combat desertification and
mitigate the effects of drought;
(c) address the underlying causes of desertification and pay special
attention to the socio-economic factors contributing to desertification
processes;
(d) promote awareness and facilitate the participation of local
populations, particularly women and youth, with the support of non-
governmental organizations, in efforts to combat desertification and mitigate
the effects of drought; and
(e) 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.
Article 6
Obligations of developed country Parties
In addition to their general obligations pursuant to article 4,
developed country Parties undertake to:
(a) actively support, as agreed, individually or jointly, the efforts
of affected developing country Parties, particularly those in Africa, and the
least developed countries, to combat desertification and mitigate the effects
of drought;
(b) provide substantial financial resources and other forms of support
to assist affected developing country Parties, particularly those in Africa,
effectively to develop and implement their own long-term plans and strategies
to combat desertification and mitigate the effects of drought;
(c) promote the mobilization of new and additional funding pursuant to
article 20, paragraph 2 (b);
(d) encourage the mobilization of funding from the private sector and
other non-governmental sources; and
(e) promote and facilitate access by affected country Parties,
particularly affected developing country Parties, to appropriate technology,
knowledge and know-how.
Article 7
Priority for Africa
In implementing this Convention, the Parties shall give priority to
affected African country Parties, in the light of the particular situation
prevailing in that region, while not neglecting affected developing country
Parties in other regions.
Article 8
Relationship with other conventions
1. The Parties shall encourage the coordination of activities carried
out under this Convention and, if they are Parties to them, under other
relevant international agreements, particularly the United Nations Framework
Convention on Climate Change and the Convention on Biological Diversity, in
order to derive maximum benefit from activities under each agreement while
avoiding duplication of effort. The Parties shall encourage the conduct of
joint programmes, particularly in the fields of research, training, systematic
observation and information collection and exchange, to the extent that such
activities may contribute to achieving the objectives of the agreements
concerned.
2. The provisions of this Convention shall not affect the rights and
obligations of any Party deriving from a bilateral, regional or international
agreement into which it has entered prior to the entry into force of this
Convention for it.
PART III
ACTION PROGRAMMES, SCIENTIFIC AND TECHNICAL COOPERATION
AND SUPPORTING MEASURES
Section 1: Action programmes
Article 9
Basic approach
1. In carrying out their obligations pursuant to article 5, affected
developing country Parties and any other affected country Party in the
framework of its regional implementation annex or, otherwise, that has
notified the Permanent Secretariat in writing of its intention to prepare a
national action programme, shall, as appropriate, prepare, make public and
implement national action programmes, utilizing and building, to the extent
possible, on existing relevant successful plans and programmes, and
subregional and regional action programmes, as the central element of the
strategy to combat desertification and mitigate the effects of drought. Such
programmes shall be updated through a continuing participatory process on the
basis of lessons from field action, as well as the results of research. The
preparation of national action programmes shall be closely interlinked with
other efforts to formulate national policies for sustainable development.
2. In the provision by developed country Parties of different forms
of assistance under the terms of article 6, priority shall be given to
supporting, as agreed, national, subregional and regional action programmes of
affected developing country Parties, particularly those in Africa, either
directly or through relevant multilateral organizations or both.
3. The Parties shall encourage organs, funds and programmes of the
United Nations system and other relevant intergovernmental organizations,
academic institutions, the scientific community and non-governmental
organizations in a position to cooperate, in accordance with their mandates
and capabilities, to support the elaboration, implementation and follow-up of
action programmes.
Article 10
National action programmes
1. The purpose of national action programmes is to identify the
factors contributing to desertification and practical measures necessary to
combat desertification and mitigate the effects of drought.
2. National action programmes shall specify the respective roles of
government, local communities and land users and the resources available and
needed. They shall, inter alia:
(a) incorporate long-term strategies to combat desertification and
mitigate the effects of drought, emphasize implementation and be integrated
with national policies for sustainable development;
(b) allow for modifications to be made in response to changing
circumstances and be sufficiently flexible at the local level to cope with
different socio-economic, biological and geo-physical conditions;
(c) give particular attention to the implementation of preventive
measures for lands that are not yet degraded or which are only slightly
degraded;
(d) enhance national climatological, meteorological and hydrological
capabilities and the means to provide for drought early warning;
(e) promote policies and strengthen institutional frameworks which
develop cooperation and coordination, in a spirit of partnership, between the
donor community, governments at all levels, local populations and community
groups, and facilitate access by local populations to appropriate information
and technology;
(f) provide for effective participation at the local, national and
regional levels of non-governmental organizations and local populations, both
women and men, particularly resource users, including farmers and pastoralists
and their representative organizations, in policy planning, decision-making,
and implementation and review of national action programmes; and
(g) require regular review of, and progress reports on, their
implementation.
3. National action programmes may include, inter alia, some or all of
the following measures to prepare for and mitigate the effects of drought:
(a) establishment and/or strengthening, as appropriate, of early
warning systems, including local and national facilities and joint systems at
the subregional and regional levels, and mechanisms for assisting
environmentally displaced persons;
(b) strengthening of drought preparedness and management, including
drought contingency plans at the local, national, subregional and regional
levels, which take into consideration seasonal to interannual climate
predictions;
(c) establishment and/or strengthening, as appropriate, of food
security systems, including storage and marketing facilities, particularly in
rural areas;
(d) establishment of alternative livelihood projects that could
provide incomes in drought prone areas; and
(e) development of sustainable irrigation programmes for both crops
and livestock.
4. Taking into account the circumstances and requirements specific to
each affected country Party, national action programmes include, as
appropriate, inter alia, measures in some or all of the following priority
fields as they relate to combating desertification and mitigating the effects
of drought in affected areas and to their populations: promotion of
alternative livelihoods and improvement of national economic environments with
a view to strengthening programmes aimed at the eradication of poverty and at
ensuring food security; demographic dynamics; sustainable management of
natural resources; sustainable agricultural practices; development and
efficient use of various energy sources; institutional and legal frameworks;
strengthening of capabilities for assessment and systematic observation,
including hydrological and meteorological services, and capacity building,
education and public awareness.
Article 11
Subregional and regional action programmes
Affected country Parties shall consult and cooperate to prepare, as
appropriate, in accordance with relevant regional implementation annexes,
subregional and/or regional action programmes to harmonize, complement and
increase the efficiency of national programmes. The provisions of article 10
shall apply mutatis mutandis to subregional and regional programmes. Such
cooperation may include agreed joint programmes for the sustainable management
of transboundary natural resources, scientific and technical cooperation, and
strengthening of relevant institutions.
Article 12
International cooperation
Affected country Parties, in collaboration with other Parties and the
international community, should cooperate to ensure the promotion of an
enabling international environment in the implementation of the Convention.
Such cooperation should also cover fields of technology transfer as well as
scientific research and development, information collection and dissemination
and financial resources.
Article 13
Support for the elaboration and
implementation of action programmes
1. Measures to support action programmes pursuant to article 9
include, inter alia:
(a) financial cooperation to provide predictability for action
programmes, allowing for necessary long-term planning;
(b) elaboration and use of cooperation mechanisms which better enable
support at the local level, including action through non-governmental
organizations, in order to promote the replicability of successful pilot
programme activities where relevant;
(c) increased flexibility in project design, funding and
implementation in keeping with the experimental, iterative approach indicated
for participatory action at the local community level; and
(d) as appropriate, administrative and budgetary procedures that
increase the efficiency of cooperation and of support programmes.
2. In providing such support to affected developing country Parties,
priority shall be given to African country Parties and to least developed
country Parties.
Article 14
Coordination in the elaboration and implementation
of action programmes
1. The Parties shall work closely together, directly and through
relevant intergovernmental organizations, in the elaboration and
implementation of action programmes.
2. The Parties shall develop operational mechanisms, particularly at
the national and field levels, to ensure the fullest possible coordination
among developed country Parties, developing country Parties and relevant
intergovernmental and non-governmental organizations, in order to avoid
duplication, harmonize interventions and approaches, and maximize the impact
of assistance. In affected developing country Parties, priority will be given
to coordinating activities related to international cooperation in order to
maximize the efficient use of resources, to ensure responsive assistance, and
to facilitate the implementation of national action programmes and priorities
under this Convention.
Article 15
Regional implementation annexes
Elements for incorporation in action programmes shall be selected and
adapted to the socio-economic, geographical and climatic factors applicable to
affected country Parties or regions, as well as to their level of development.
Guidelines for the preparation of action programmes and their exact focus and
content for particular subregions and regions are set out in the regional
implementation annexes.
Section 2: Scientific and technical cooperation
Article 16
Information collection, analysis and exchange
The Parties agree, according to their respective capabilities, to
integrate and coordinate the collection, analysis and exchange of relevant
short term and long term data and information to ensure systematic observation
of land degradation in affected areas and to understand better and assess the
processes and effects of drought and desertification. This would help
accomplish, inter alia, early warning and advance planning for periods of
adverse climatic variation in a form suited for practical application by users
at all levels, including especially local populations. To this end, they
shall, as appropriate:
(a) facilitate and strengthen the functioning of the global network of
institutions and facilities for the collection, analysis and exchange of
information, as well as for systematic observation at all levels, which shall,
inter alia:
(i) aim to use compatible standards and systems;
(ii) encompass relevant data and stations, including in
remote areas;
(iii) use and disseminate modern technology for data
collection, transmission and assessment on land degradation; and
(iv) link national, subregional and regional data and
information centres more closely with global information sources;
(b) ensure that the collection, analysis and exchange of information
address the needs of local communities and those of decision makers, with a
view to resolving specific problems, and that local communities are involved
in these activities;
(c) support and further develop bilateral and multilateral programmes
and projects aimed at defining, conducting, assessing and financing the
collection, analysis and exchange of data and information, including, inter
alia, integrated sets of physical, biological, social and economic indicators;
(d) make full use of the expertise of competent intergovernmental and
non-governmental organizations, particularly to disseminate relevant
information and experiences among target groups in different regions;
(e) give full weight to the collection, analysis and exchange of
socio-economic data, and their integration with physical and biological data;
(f) exchange and make fully, openly and promptly available information
from all publicly available sources relevant to combating desertification and
mitigating the effects of drought; and
(g) subject to their respective national legislation and/or policies,
exchange information on local and traditional knowledge, ensuring adequate
protection for it and providing appropriate return from the benefits derived
from it, on an equitable basis and on mutually agreed terms, to the local
populations concerned.
Article 17
Research and development
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, subregional, regional and international institutions. To this end,
they shall support research activities that:
(a) contribute to increased knowledge of the processes leading to
desertification and drought and the impact of, and distinction between, causal
factors, both natural and human, with a view to combating desertification and
mitigating the effects of drought, and achieving improved productivity as well
as sustainable use and management of resources;
(b) respond to well defined objectives, address the specific needs of
local populations and lead to the identification and implementation of
solutions that improve the living standards of people in affected areas;
(c) 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;
(d) develop and strengthen national, subregional and regional research
capabilities in affected developing country Parties, particularly in Africa,
including the development of local skills and the strengthening of appropriate
capacities, especially in countries with a weak research base, giving
particular attention to multidisciplinary and participative socio-economic
research;
(e) take into account, where relevant, the relationship between
poverty, migration caused by environmental factors, and desertification;
(f) promote the conduct of joint research programmes between national,
subregional, regional and international research organizations, in both the
public and private sectors, for the development of improved, affordable and
accessible technologies for sustainable development through effective
participation of local populations and communities; and
(g) enhance the availability of water resources in affected areas, by
means of, inter alia, cloud-seeding.
2. Research priorities for particular regions and subregions,
reflecting different local conditions, should be included in action
programmes. The Conference of the Parties shall review research priorities
periodically on the advice of the Committee on Science and Technology.
Article 18
Transfer, acquisition, adaptation and development of technology
1. 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 Parties shall, in particular:
(a) fully utilize relevant existing national, subregional, 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;
(b) facilitate access, in particular by affected developing country
Parties, on favourable terms, including on concessional and preferential
terms, as mutually agreed, taking into account the need to protect
intellectual property rights, to technologies most suitable to practical
application for specific needs of local populations, paying special attention
to the social, cultural, economic and environmental impact of such technology;
(c) facilitate technology cooperation among affected country Parties
through financial assistance or other appropriate means;
(d) extend technology cooperation with affected developing country
Parties, including, where relevant, joint ventures, especially to sectors
which foster alternative livelihoods; and
(e) take appropriate measures to create domestic market conditions and
incentives, fiscal or otherwise, conducive to the development, transfer,
acquisition and adaptation of suitable technology, knowledge, know-how and
practices, including measures to ensure adequate and effective protection of
intellectual property rights.
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:
(a) 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;
(b) 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;
(c) 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
(d) facilitate, as appropriate, the adaptation of such technology,
knowledge, know-how and practices to wide use and integrate them with modern
technology, as appropriate.
Section 3: Supporting measures
Article 19
Capacity building, education and public awareness
1. The Parties recognize 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. They shall promote, as appropriate,
capacity-building:
(a) through the full participation at all levels of local people,
particularly at the local level, especially women and youth, with the
cooperation of non-governmental and local organizations;
(b) by strengthening training and research capacity at the national
level in the field of desertification and drought;
(c) by establishing and/or strengthening support and extension
services to disseminate relevant technology methods and techniques more
effectively, and by training field agents and members of rural organizations
in participatory approaches for the conservation and sustainable use of
natural resources;
(d) by fostering the use and dissemination of the knowledge, know-how
and practices of local people in technical cooperation programmes, wherever
possible;
(e) by adapting, where necessary, relevant environmentally sound
technology and traditional methods of agriculture and pastoralism to modern
socio-economic conditions;
(f) by 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;
(g) through cooperation, as mutually agreed, to strengthen the
capacity of affected developing country Parties to develop and implement
programmes in the field of collection, analysis and exchange of information
pursuant to article 16;
(h) through innovative ways of promoting alternative livelihoods,
including training in new skills;
(i) by training of decision makers, managers, and personnel who are
responsible for the collection and analysis of data for the dissemination and
use of early warning information on drought conditions and for food
production;
(j) through more effective operation of existing national institutions
and legal frameworks and, where necessary, creation of new ones, along with
strengthening of strategic planning and management; and
(k) by means of exchange visitor programmes to enhance capacity
building in affected country Parties through a long-term, interactive process
of learning and study.
2. Affected developing country Parties shall conduct, in cooperation
with other Parties and competent intergovernmental and non-governmental
organizations, as appropriate, an interdisciplinary review of available
capacity and facilities at the local and national levels, and the potential
for strengthening them.
3. 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. To that
end, they shall:
(a) organize awareness campaigns for the general public;
(b) promote, on a permanent basis, access by the public to relevant
information, and wide public participation in education and awareness
activities;
(c) encourage the establishment of associations that contribute to
public awareness;
(d) develop and exchange educational and public awareness material,
where possible in local languages, exchange and second experts to train
personnel of affected developing country Parties in carrying out relevant
education and awareness programmes, and fully utilize relevant educational
material available in competent international bodies;
(e) assess educational needs in affected areas, elaborate appropriate
school curricula and expand, as needed, educational and adult literacy
programmes and opportunities for all, in particular for girls and women, on
the identification, conservation and sustainable use and management of the
natural resources of affected areas; and
(f) develop interdisciplinary participatory programmes integrating
desertification and drought awareness into educational systems and in non-
formal, adult, distance and practical educational programmes.
4. The Conference of the Parties shall establish and/or strengthen
networks of regional education and training centres to combat desertification
and mitigate the effects of drought. These networks shall be coordinated by
an institution created or designated for that purpose, in order to train
scientific, technical and management personnel and to strengthen existing
institutions responsible for education and training in affected country
Parties, where appropriate, with a view to harmonizing programmes and to
organizing exchanges of experience among them. These networks shall cooperate
closely with relevant intergovernmental and non-governmental organizations to
avoid duplication of effort.
Article 20
Financial resources
1. Given the central importance of financing to the achievement of
the objective of the Convention, the Parties, taking into account their
capabilities, shall make every effort to ensure that adequate financial
resources are available for programmes to combat desertification and mitigate
the effects of drought.
2. In this connection, developed country Parties, while giving
priority to affected African country Parties without neglecting affected
developing country Parties in other regions, in accordance with article 7,
undertake to:
(a) mobilize substantial financial resources, including grants and
concessional loans, in order to support the implementation of programmes to
combat desertification and mitigate the effects of drought;
(b) promote the mobilization of adequate, timely and predictable
financial resources, including new and additional funding from the Global
Environment Facility of the agreed incremental costs of those activities
concerning desertification that relate to its four focal areas, in conformity
with the relevant provisions of the Instrument establishing the Global
Environment Facility;
(c) facilitate through international cooperation the transfer of
technology, knowledge and know-how; and
(d) explore, in cooperation with affected developing country Parties,
innovative methods and incentives for mobilizing and channelling resources,
including those of foundations, non-governmental organizations and other
private sector entities, particularly debt swaps and other innovative means
which increase financing by reducing the external debt burden of affected
developing country Parties, particularly those in Africa.
3. Affected developing country Parties, taking into account their
capabilities, undertake to mobilize adequate financial resources for the
implementation of their national action programmes.
4. In mobilizing financial resources, the Parties shall seek full use
and continued qualitative improvement of all national, bilateral and
multilateral funding sources and mechanisms, using consortia, joint programmes
and parallel financing, and shall seek to involve private sector funding
sources and mechanisms, including those of non-governmental organizations. To
this end, the Parties shall fully utilize the operational mechanisms developed
pursuant to article 14.
5. In order to mobilize the financial resources necessary for
affected developing country Parties to combat desertification and mitigate the
effects of drought, the Parties shall:
(a) rationalize and strengthen the management of resources already
allocated for combating desertification and mitigating the effects of drought
by using them more effectively and efficiently, assessing their successes and
shortcomings, removing hindrances to their effective use and, where necessary,
reorienting programmes in light of the integrated long-term approach adopted
pursuant to this Convention;
(b) give due priority and attention within the governing bodies of
multilateral financial institutions, facilities and funds, including regional
development banks and funds, to supporting affected developing country
Parties, particularly those in Africa, in activities which advance
implementation of the Convention, notably action programmes they undertake in
the framework of regional implementation annexes; and
(c) examine ways in which regional and subregional cooperation can be
strengthened to support efforts undertaken at the national level.
6. Other Parties are encouraged to provide, on a voluntary basis,
knowledge, know-how and techniques related to desertification and/or financial
resources to affected developing country Parties.
7. The full implementation by affected developing country Parties,
particularly those in Africa, of their obligations under the Convention will
be greatly assisted by the fulfilment by developed country Parties of their
obligations under the Convention, including in particular those regarding
financial resources and transfer of technology. In fulfilling their
obligations, developed country Parties should take fully into account that
economic and social development and poverty eradication are the first
priorities of affected developing country Parties, particularly those in
Africa.
Article 21
Financial mechanisms
1. The Conference of the Parties shall promote the availability of
financial mechanisms and shall encourage such mechanisms to seek to maximize
the availability of funding for affected developing country Parties,
particularly those in Africa, to implement the Convention. To this end, the
Conference of the Parties shall consider for adoption inter alia approaches
and policies that:
(a) facilitate the provision of necessary funding at the national,
subregional, regional and global levels for activities pursuant to relevant
provisions of the Convention;
(b) promote multiple-source funding approaches, mechanisms and
arrangements and their assessment, consistent with article 20;
(c) provide on a regular basis, to interested Parties and relevant
intergovernmental and non-governmental organizations, information on available
sources of funds and on funding patterns in order to facilitate coordination
among them;
(d) facilitate the establishment, as appropriate, of mechanisms, such
as national desertification funds, including those involving the participation
of non-governmental organizations, to channel financial resources rapidly and
efficiently to the local level in affected developing country Parties; and
(e) strengthen existing funds and financial mechanisms at the
subregional and regional levels, particularly in Africa, to support more
effectively the implementation of the Convention.
2. The Conference of the Parties shall also encourage the provision,
through various mechanisms within the United Nations system and through
multilateral financial institutions, of support at the national, subregional
and regional levels to activities that enable developing country Parties to
meet their obligations under the Convention.
3. Affected developing country Parties shall utilize, and where
necessary, establish and/or strengthen, national coordinating mechanisms,
integrated in national development programmes, that would ensure the efficient
use of all available financial resources. They shall also utilize
participatory processes involving non-governmental organizations, local groups
and the private sector, in raising funds, in elaborating as well as
implementing programmes and in assuring access to funding by groups at the
local level. These actions can be enhanced by improved coordination and
flexible programming on the part of those providing assistance.
4. In order to increase the effectiveness and efficiency of existing
financial mechanisms, a Global Mechanism to promote actions leading to the
mobilization and channelling of substantial financial resources, including for
the transfer of technology, on a grant basis, and/or on concessional or other
terms, to affected developing country Parties, is hereby established. This
Global Mechanism shall function under the authority and guidance of the
Conference of the Parties and be accountable to it.
5. The Conference of the Parties shall identify, at its first
ordinary session, an organization to house the Global Mechanism. The
Conference of the Parties and the organization it has identified shall agree
upon modalities for this Global Mechanism to ensure inter alia that such
Mechanism:
(a) identifies and draws up an inventory of relevant bilateral and
multilateral cooperation programmes that are available to implement the
Convention;
(b) provides advice, on request, to Parties on innovative methods of
financing and sources of financial assistance and on improving the
coordination of cooperation activities at the national level;
(c) provides interested Parties and relevant intergovernmental and
non-governmental organizations with information on available sources of funds
and on funding patterns in order to facilitate coordination among them; and
(d) reports to the Conference of the Parties, beginning at its second
ordinary session, on its activities.
6. The Conference of the Parties shall, at its first session, make
appropriate arrangements with the organization it has identified to house the
Global Mechanism for the administrative operations of such Mechanism, drawing
to the extent possible on existing budgetary and human resources.
7. The Conference of the Parties shall, at its third ordinary
session, review the policies, operational modalities and activities of the
Global Mechanism accountable to it pursuant to paragraph 4, taking into
account the provisions of article 7. On the basis of this review, it shall
consider and take appropriate action.
PART IV
INSTITUTIONS
Article 22
Conference of the Parties
1. A Conference of the Parties is hereby established.
2. The Conference of the Parties is the supreme body of the
Convention. It shall make, within its mandate, the decisions necessary to
promote its effective implementation. In particular, it shall:
(a) regularly review the implementation of the Convention and the
functioning of its institutional arrangements in the light of the experience
gained at the national, subregional, regional and international levels and on
the basis of the evolution of scientific and technological knowledge;
(b) promote and facilitate the exchange of information on measures
adopted by the Parties, and determine the form and timetable for transmitting
the information to be submitted pursuant to article 26, review the reports and
make recommendations on them;
(c) establish such subsidiary bodies as are deemed necessary for the
implementation of the Convention;
(d) review reports submitted by its subsidiary bodies and provide
guidance to them;
(e) agree upon and adopt, by consensus, rules of procedure and
financial rules for itself and any subsidiary bodies;
(f) adopt amendments to the Convention pursuant to articles 30 and 31;
(g) approve a programme and budget for its activities, including those
of its subsidiary bodies, and undertake necessary arrangements for their
financing;
(h) as appropriate, seek the cooperation of, and utilize the services
of and information provided by, competent bodies or agencies, whether national
or international, intergovernmental or non-governmental;
(i) promote and strengthen the relationship with other relevant
conventions while avoiding duplication of effort; and
(j) exercise such other functions as may be necessary for the
achievement of the objective of the Convention.
3. The Conference of the Parties shall, at its first session, adopt
its own rules of procedure, by consensus, which shall include decision-making
procedures for matters not already covered by decision-making procedures
stipulated in the Convention. Such procedures may include specified
majorities required for the adoption of particular decisions.
4. The first session of the Conference of the Parties shall be
convened by the interim secretariat referred to in article 35 and shall take
place not later than one year after the date of entry into force of the
Convention. Unless otherwise decided by the Conference of the Parties, the
second, third and fourth ordinary sessions shall be held yearly, and
thereafter, ordinary sessions shall be held every two years.
5. Extraordinary sessions of the Conference of the Parties shall be
held at such other times as may be decided either by the Conference of the
Parties in ordinary session or at the written request of any Party, provided
that, within three months of the request being communicated to the Parties by
the Permanent Secretariat, it is supported by at least one third of the
Parties.
6. At each ordinary session, the Conference of the Parties shall
elect a Bureau. The structure and functions of the Bureau shall be determined
in the rules of procedure. In appointing the Bureau, due regard shall be paid
to the need to ensure equitable geographical distribution and adequate
representation of affected country Parties, particularly those in Africa.
7. The United Nations, its specialized agencies and any State member
thereof or observers thereto not Party to the Convention, may be represented
at sessions of the Conference of the Parties as observers. Any body or
agency, whether national or international, governmental or non-governmental,
which is qualified in matters covered by the Convention, and which has
informed the Permanent Secretariat of its wish to be represented at a session
of the Conference of the Parties as an observer, may be so admitted unless at
least one
third of the Parties present object. The admission and participation of
observers shall be subject to the rules of procedure adopted by the Conference
of the Parties.
8. The Conference of the Parties may request competent national and
international organizations which have relevant expertise to provide it
with information relevant to article 16, paragraph (g), article 17, paragraph
1 (c) and article 18, paragraph 2(b).
Article 23
Permanent Secretariat
1. A Permanent Secretariat is hereby established.
2. The functions of the Permanent Secretariat shall be:
(a) to make arrangements for sessions of the Conference of the Parties
and its subsidiary bodies established under the Convention and to provide them
with services as required;
(b) to compile and transmit reports submitted to it;
(c) to facilitate assistance to affected developing country Parties,
on request, particularly those in Africa, in the compilation and communication
of information required under the Convention;
(d) to coordinate its activities with the secretariats of other
relevant international bodies and conventions;
(e) to enter, under the guidance of the Conference of the Parties,
into such administrative and contractual arrangements as may be required for
the effective discharge of its functions;
(f) to prepare reports on the execution of its functions under this
Convention and present them to the Conference of the Parties; and
(g) to perform such other secretariat functions as may be determined
by the Conference of the Parties.
3. The Conference of the Parties, at its first session, shall
designate a Permanent Secretariat and make arrangements for its functioning.
Article 24
Committee on Science and Technology
1. A Committee on Science and Technology is hereby established as a
subsidiary body of the Conference of the Parties to provide it with
information and advice on scientific and technological matters relating to
combating desertification and mitigating the effects of drought. The
Committee shall meet in conjunction with the ordinary sessions of the
Conference of the Parties and shall be multidisciplinary and open to the
participation of all Parties. It shall be composed of government
representatives competent in the relevant fields of expertise. The Conference
of the Parties shall decide, at its first session, on the terms of reference
of the Committee.
2. The Conference of the Parties shall establish and maintain a
roster of independent experts with expertise and experience in the relevant
fields. The roster shall be based on nominations received in writing from the
Parties, taking into account the need for a multidisciplinary approach and
broad geographical representation.
3. The Conference of the Parties may, as necessary, appoint ad hoc
panels to provide it, through the Committee, with information and advice on
specific issues regarding the state of the art in fields of science and
technology relevant to combating desertification and mitigating the effects of
drought. These panels shall be composed of experts whose names are taken from
the roster, taking into account the need for a multidisciplinary approach and
broad geographical representation. These experts shall have scientific
backgrounds and field experience and shall be appointed by the Conference of
the Parties on the recommendation of the Committee. The Conference of the
Parties shall decide on the terms of reference and the modalities of work of
these panels.
Article 25
Networking of institutions, agencies and bodies
1. The Committee on Science and Technology shall, under the
supervision of the Conference of the Parties, make provision for the
undertaking of a survey and evaluation of the relevant existing networks,
institutions, agencies and bodies willing to become units of a network. Such
a network shall support the implementation of the Convention.
2. On the basis of the results of the survey and evaluation referred
to in paragraph 1, the Committee on Science and Technology shall make
recommendations to the Conference of the Parties on ways and means to
facilitate and strengthen networking of the units at the local, national and
other levels, with a view to ensuring that the thematic needs set out in
articles 16 to 19 are addressed.
3. Taking into account these recommendations, the Conference of the
Parties shall:
(a) identify those national, subregional, regional and international
units that are most appropriate for networking, and recommend operational
procedures, and a time frame, for them; and
(b) identify the units best suited to facilitating and strengthening
such networking at all levels.
PART V
PROCEDURES
Article 26
Communication of information
1. Each Party shall communicate to the Conference of the Parties for
consideration at its ordinary sessions, through the Permanent Secretariat,
reports on the measures which it has taken for the implementation of the
Convention. The Conference of the Parties shall determine the timetable for
submission and the format of such reports.
2. Affected country Parties shall provide a description of the
strategies established pursuant to article 5 and of any relevant information
on their implementation.
3. Affected country Parties which implement action programmes
pursuant to articles 9 to 15 shall provide a detailed description of the
programmes and of their implementation.
4. Any group of affected country Parties may make a joint
communication on measures taken at the subregional and/or regional levels in
the framework of action programmes.
5. Developed country Parties shall report on measures taken to assist
in the preparation and implementation of action programmes, including
information on the financial resources they have provided, or are providing,
under the Convention.
6. Information communicated pursuant to paragraphs 1 to 4 shall be
transmitted by the Permanent Secretariat as soon as possible to the Conference
of the Parties and to any relevant subsidiary body.
7. The Conference of the Parties shall facilitate the provision to
affected developing countries, particularly those in Africa, on request, of
technical and financial support in compiling and communicating information in
accordance with this article, as well as identifying the technical and
financial needs associated with action programmes.
Article 27
Measures to resolve questions on implementation
The Conference of the Parties shall consider and adopt procedures and
institutional mechanisms for the resolution of questions that may arise with
regard to the implementation of the Convention.
Article 28
Settlement of disputes
1. Parties shall settle any dispute between them concerning the
interpretation or application of the Convention through negotiation or other
peaceful means of their own choice.
2. When ratifying, accepting, approving, or acceding to the
Convention, or at any time thereafter, a Party which is not a regional
economic integration organization may declare in a written instrument
submitted to the Depositary that, in respect of any dispute concerning the
interpretation or application of the Convention, it recognizes one or both of
the following means of dispute settlement as compulsory in relation to any
Party accepting the same obligation:
(a) arbitration in accordance with procedures adopted by the
Conference of the Parties in an annex as soon as practicable;
(b) submission of the dispute to the International Court of Justice.
3. A Party which is a regional economic integration organization may
make a declaration with like effect in relation to arbitration in accordance
with the procedure referred to in paragraph 2 (a).
4. A declaration made pursuant to paragraph 2 shall remain in force
until it expires in accordance with its terms or until three months after
written notice of its revocation has been deposited with the Depositary.
5. The expiry of a declaration, a notice of revocation or a new
declaration shall not in any way affect proceedings pending before an arbitral
tribunal or the International Court of Justice unless the Parties to the
dispute otherwise agree.
6. If the Parties to a dispute have not accepted the same or any
procedure pursuant to paragraph 2 and if they have not been able to settle
their dispute within twelve months following notification by one Party to
another that a dispute exists between them, the dispute shall be submitted to
conciliation at the request of any Party to the dispute, in accordance with
procedures adopted by the Conference of the Parties in an annex as soon as
practicable.
Article 29
Status of annexes
1. Annexes form an integral part of the Convention and, unless
expressly provided otherwise, a reference to the Convention also constitutes a
reference to its annexes.
2. The Parties shall interpret the provisions of the annexes in a
manner that is in conformity with their rights and obligations under the
articles of this Convention.
Article 30
Amendments to the Convention
1. Any Party may propose amendments to the Convention.
2. Amendments to the Convention shall be adopted at an ordinary
session of the Conference of the Parties. The text of any proposed amendment
shall be communicated to the Parties by the Permanent Secretariat at least six
months before the meeting at which it is proposed for adoption. The Permanent
Secretariat shall also communicate proposed amendments to the signatories to
the Convention.
3. The Parties shall make every effort to reach agreement on any
proposed amendment to the Convention by consensus. If all efforts at
consensus have been exhausted and no agreement reached, the amendment shall,
as a last resort, be adopted by a two-thirds majority vote of the Parties
present and voting at the meeting. The adopted amendment shall be
communicated by the Permanent Secretariat to the Depositary, who shall
circulate it to all Parties for their ratification, acceptance, approval or
accession.
4. Instruments of ratification, acceptance, approval or accession in
respect of an amendment shall be deposited with the Depositary. An amendment
adopted pursuant to paragraph 3 shall enter into force for those Parties
having accepted it on the ninetieth day after the date of receipt by the
Depositary of an instrument of ratification, acceptance, approval or accession
by at least two thirds of the Parties to the Convention which were Parties at
the time of the adoption of the amendment.
5. The amendment shall enter into force for any other Party on the
ninetieth day after the date on which that Party deposits with the Depositary
its instrument of ratification, acceptance or approval of, or accession to the
said amendment.
6. For the purposes of this article and article 31, "Parties present
and voting" means Parties present and casting an affirmative or negative vote.
Article 31
Adoption and amendment of annexes
1. Any additional annex to the Convention and any amendment to an
annex shall be proposed and adopted in accordance with the procedure for
amendment of the Convention set forth in article 30, provided that, in
adopting an additional regional implementation annex or amendment to any
regional implementation annex, the majority provided for in that article shall
include a two-thirds majority vote of the Parties of the region concerned
present and voting. The adoption or amendment of an annex shall be
communicated by the Depositary to all Parties.
2. An annex, other than an additional regional implementation annex,
or an amendment to an annex, other than an amendment to any regional
implementation annex, that has been adopted in accordance with paragraph 1,
shall enter into force for all Parties to the Convention six months after the
date of communication by the Depositary to such Parties of the adoption of
such annex or amendment, except for those Parties that have notified the
Depositary in writing within that period of their non-acceptance of such annex
or amendment. Such annex or amendment shall enter into force for Parties
which withdraw their notification of non-acceptance on the ninetieth day after
the date on which withdrawal of such notification has been received by the
Depositary.
3. An additional regional implementation annex or amendment to any
regional implementation annex that has been adopted in accordance with
paragraph 1, shall enter into force for all Parties to the Convention six
months after the date of the communication by the Depositary to such Parties
of the adoption of such annex or amendment, except with respect to:
(a) any Party that has notified the Depositary in writing, within such
six month period, of its non-acceptance of that additional regional
implementation annex or of the amendment to the regional implementation annex,
in which case such annex or amendment shall enter into force for Parties which
withdraw their notification of non-acceptance on the ninetieth day after the
date on which withdrawal of such notification has been received by the
Depositary; and
(b) any Party that has made a declaration with respect to additional
regional implementation annexes or amendments to regional implementation
annexes in accordance with article 34, paragraph 4, in which case any such
annex or amendment shall enter into force for such a Party on the ninetieth
day after the date of deposit with the Depositary of its instrument of
ratification, acceptance, approval or accession with respect to such annex or
amendment.
4. If the adoption of an annex or an amendment to an annex involves
an amendment to the Convention, that annex or amendment to an annex shall not
enter into force until such time as the amendment to the Convention enters
into force.
Article 32
Right to vote
1. Except as provided for in paragraph 2, each Party to the
Convention shall have one vote.
2. Regional economic integration organizations, in matters within
their competence, shall exercise their right to vote with a number of votes
equal to the number of their member States that are Parties to the Convention.
Such an organization shall not exercise its right to vote if any of its member
States exercises its right, and vice versa.
PART VI
FINAL PROVISIONS
Article 33
Signature
This Convention shall be opened for signature at Paris, on 14-15
October 1994, by States Members of the United Nations or any of its
specialized agencies or that are Parties to the Statute of the International
Court of Justice and by regional economic integration organizations. It shall
remain open for signature, thereafter, at the United Nations Headquarters in
New York until 13 October 1995.
Article 34
Ratification, acceptance, approval and accession
1. The Convention shall be subject to ratification, acceptance,
approval or accession by States and by regional economic integration
organizations. It shall be open for accession from the day after the date on
which the Convention is closed for signature. Instruments of ratification,
acceptance, approval or accession shall be deposited with the Depositary.
2. Any regional economic integration organization which becomes a
Party to the Convention without any of its member States being a Party to the
Convention shall be bound by all the obligations under the Convention. Where
one or more member States of such an organization are also Party to the
Convention, the organization and its member States shall decide on their
respective responsibilities for the performance of their obligations under the
Convention. In such cases, the organization and the member States shall not be
entitled to exercise rights under the Convention concurrently.
3. In their instruments of ratification, acceptance, approval or
accession, regional economic integration organizations shall declare the
extent of their competence with respect to the matters governed by the
Convention. They shall also promptly inform the Depositary, who shall in turn
inform the Parties, of any substantial modification in the extent of their
competence.
4. In its instrument of ratification, acceptance, approval or
accession, any Party may declare that, with respect to it, any additional
regional implementation annex or any amendment to any regional implementation
annex shall enter into force only upon the deposit of its instrument of
ratification, acceptance, approval or accession with respect thereto.
Article 35
Interim arrangements
The secretariat functions referred to in article 23 will be carried out
on an interim basis by the secretariat established by the General Assembly of
the United Nations in its resolution 47/188 of 22 December 1992, until the
completion of the first session of the Conference of the Parties.
Article 36
Entry into force
1. The Convention shall enter into force on the ninetieth day after
the date of deposit of the fiftieth instrument of ratification, acceptance,
approval or accession.
2. For each State or regional economic integration organization
ratifying, accepting, approving or acceding to the Convention after the
deposit of the fiftieth instrument of ratification, acceptance, approval or
accession, the Convention shall enter into force on the ninetieth day after
the date of deposit by such State or regional economic integration
organization of its instrument of ratification, acceptance, approval or
accession.
3. For the purposes of paragraphs 1 and 2, any instrument deposited
by a regional economic integration organization shall not be counted as
additional to those deposited by States members of the organization.
Article 37
Reservations
No reservations may be made to this Convention.
Article 38
Withdrawal
1. At any time after three years from the date on which the
Convention has entered into force for a Party, that Party may withdraw from
the Convention by giving written notification to the Depositary.
2. Any such withdrawal shall take effect upon expiry of one year from
the date of receipt by the Depositary of the notification of withdrawal, or on
such later date as may be specified in the notification of withdrawal.
Article 39
Depositary
The Secretary-General of the United Nations shall be the Depositary of
the Convention.
Article 40
Authentic texts
The original of the present Convention, of which the Arabic, Chinese,
English, French, Russian and Spanish texts are equally authentic, shall be
deposited with the Secretary-General of the United Nations.
IN WITNESS WHEREOF the undersigned, being duly authorized to that
effect, have signed the present Convention.
DONE AT Paris, this 17th day of June one thousand nine hundred and
ninety-four.
ELABORATION OF AN INTERNATIONAL CONVENTION TO COMBAT DESERTIFICATION
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GENERAL
A/AC.241/27
12 September 1994
ENGLISH
Original: ENGLISH
INTERGOVERNMENTAL NEGOTIATING COMMITTEE FOR
THE ELABORATION OF AN INTERNATIONAL CONVENTION
TO COMBAT DESERTIFICATION IN THOSE COUNTRIES
EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
ELABORATION OF AN INTERNATIONAL CONVENTION TO COMBAT DESERTIFICATION
IN COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR DESERTIFICATION,
PARTICULARLY IN AFRICA
Final text of the Convention
Note by the Secretariat
Attached is the final text of the United Nations Convention to Combat
Desertification in Those Countries Experiencing Serious Drought and/or
Desertification, Particularly in Africa, following completion of the
verification processes as requested by the INCD upon adoption of the
Convention at its fifth session, on 17 June 1994.
The final text has been forwarded to the Office of Legal Affairs of the
United Nations, which acts as Depositary, in order to prepare for the signing
ceremony to be held in Paris, on 14-15 October 1994.
UNITED NATIONS CONVENTION TO COMBAT DESERTIFICATION
IN THOSE COUNTRIES EXPERIENCING SERIOUS DROUGHT AND/OR
DESERTIFICATION, PARTICULARLY IN AFRICA
The Parties to this Convention,
Affirming that human beings in affected or threatened areas are at the
centre of concerns to combat desertification and mitigate the effects of
drought,
Reflecting the urgent concern of the international community, including
States and international organizations, about the adverse impacts of
desertification and drought,
Aware that arid, semi-arid and dry sub-humid areas together account for
a significant proportion of the Earth's land area and are the habitat and
source of livelihood for a large segment of its population,
Acknowledging that desertification and drought are problems of global
dimension in that they affect all regions of the world and that joint action
of the international community is needed to combat desertification and/or
mitigate the effects of drought,
Noting the high concentration of developing countries, notably the least
developed countries, among those experiencing serious drought and/or
desertification, and the particularly tragic consequences of these phenomena
in Africa,
Noting also that desertification is caused by complex interactions among
physical, biological, political, social, cultural and economic factors,
Considering the impact of trade and relevant aspects of international
economic relations on the ability of affected countries to combat
desertification adequately,
Conscious that sustainable economic growth, social development and
poverty eradication are priorities of affected developing countries,
particularly in Africa, and are essential to meeting sustainability
objectives,
Mindful that desertification and drought affect sustainable development
through their interrelationships with important social problems such as
poverty, poor health and nutrition, lack of food security, and those arising
from migration, displacement of persons and demographic dynamics,
Appreciating the significance of the past efforts and experience of
States and international organizations in combating desertification and
mitigating the effects of drought, particularly in implementing the Plan of
Action to Combat Desertification which was adopted at the United Nations
Conference on Desertification in 1977,
Realizing that, despite efforts in the past, progress in combating
desertification and mitigating the effects of drought has not met expectations
and that a new and more effective approach is needed at all levels within the
framework of sustainable development,
Recognizing the validity and relevance of decisions adopted at the
United Nations Conference on Environment and Development, particularly of
Agenda 21 and its chapter 12, which provide a basis for combating
desertification,
Reaffirming in this light the commitments of developed countries as
contained in paragraph 13 of chapter 33 of Agenda 21,
Recalling General Assembly resolution 47/188, particularly the priority
in it prescribed for Africa, and all other relevant United Nations
resolutions, decisions and programmes on desertification and drought, as well
as relevant declarations by African countries and those from other regions,
Reaffirming the Rio Declaration on Environment and Development which
states, in its Principle 2, that States have, in accordance with the Charter
of the United Nations and the principles of international law, the sovereign
right to exploit their own resources pursuant to their own environmental and
developmental policies, and the responsibility to ensure that activities
within their jurisdiction or control do not cause damage to the environment of
other States or of areas beyond the limits of national jurisdiction,
Recognizing that national Governments play a critical role in combating
desertification and mitigating the effects of drought and that progress in
that respect depends on local implementation of action programmes in affected
areas,
Recognizing also the importance and necessity of international
cooperation and partnership in combating desertification and mitigating the
effects of drought,
Recognizing further the importance of the provision to affected
developing countries, particularly in Africa, of effective means, inter alia
substantial financial resources, including new and additional funding, and
access to technology, without which it will be difficult for them to implement
fully their commitments under this Convention,
Expressing concern over the impact of desertification and drought on
affected countries in Central Asia and the Transcaucasus,
Stressing the important role played by women in regions affected by
desertification and/or drought, particularly in rural areas of developing
countries, and the importance of ensuring the full participation of both men
and women at all levels in programmes to combat desertification and mitigate
the effects of drought,
Emphasizing the special role of non-governmental organizations and other
major groups in programmes to combat desertification and mitigate the effects
of drought,
Bearing in mind the relationship between desertification and other
environmental problems of global dimension facing the international and
national communities,
Bearing also in mind the contribution that combating desertification can
make to achieving the objectives of the United Nations Framework Convention on
Climate Change, the Convention on Biological Diversity and other related
environmental conventions,
Believing that strategies to combat desertification and mitigate the
effects of drought will be most effective if they are based on sound
systematic observation and rigorous scientific knowledge and if they are
continuously re-evaluated,
Recognizing the urgent need to improve the effectiveness and
coordination of international cooperation to facilitate the implementation of
national plans and priorities,
Determined to take appropriate action in combating desertification and
mitigating the effects of drought for the benefit of present and future
generations,
Have agreed as follows:
PART I
INTRODUCTION
Article 1
Use of terms
For the purposes of this Convention:
(a) "desertification" means land degradation in arid, semi-arid and
dry sub-humid areas resulting from various factors, including climatic
variations and human activities;
(b) "combating desertification" includes activities which are part of
the integrated development of land in arid, semi-arid and dry sub-humid areas
for sustainable development which are aimed at:
(i) prevention and/or reduction of land degradation;
(ii) rehabilitation of partly degraded land; and
(iii) reclamation of desertified land;
(c) "drought" means the naturally occurring phenomenon that exists
when precipitation has been significantly below normal recorded levels,
causing serious hydrological imbalances that adversely affect land resource
production systems;
(d) "mitigating the effects of drought" means activities related to
the prediction of drought and intended to reduce the vulnerability of society
and natural systems to drought as it relates to combating desertification;
(e) "land" means the terrestrial bio-productive system that comprises
soil, vegetation, other biota, and the ecological and hydrological processes
that operate within the system;
(f) "land degradation" means reduction or loss, in arid, semi-arid and
dry sub-humid areas, of the biological or economic productivity and complexity
of rainfed cropland, irrigated cropland, or range, pasture, forest and
woodlands resulting from land uses or from a process or combination of
processes, including processes arising from human activities and habitation
patterns, such as:
(i) soil erosion caused by wind and/or water;
(ii) deterioration of the physical, chemical and biological
or economic properties of soil; and
(iii) long-term loss of natural vegetation;
(g) "arid, semi-arid and dry sub-humid areas" means areas, other than
polar and sub-polar regions, in which the ratio of annual precipitation to
potential evapotranspiration falls within the range from 0.05 to 0.65;
(h) "affected areas" means arid, semi-arid and/or dry sub-humid areas
affected or threatened by desertification;
(i) "affected countries" means countries whose lands include, in whole
or in part, affected areas;
(j) "regional economic integration organization" means an organization
constituted by sovereign States of a given region which has competence in
respect of matters governed by this Convention and has been duly authorized,
in accordance with its internal procedures, to sign, ratify, accept, approve
or accede to this Convention;
(k) "developed country Parties" means developed country Parties and
regional economic integration organizations constituted by developed
countries.
Article 2
Objective
1. The objective of this Convention is to combat desertification and
mitigate the effects of drought in countries experiencing serious drought
and/or desertification, particularly in Africa, through effective action at
all levels, supported by international cooperation and partnership
arrangements, in the framework of an integrated approach which is consistent
with Agenda 21, with a view to contributing to the achievement of sustainable
development in affected areas.
2. Achieving this objective will involve long-term integrated
strategies that focus simultaneously, in affected areas, on improved
productivity of land, and the rehabilitation, conservation and sustainable
management of land and water resources, leading to improved living conditions,
in particular at the community level.
Article 3
Principles
In order to achieve the objective of this Convention and to implement
its provisions, the Parties shall be guided, inter alia, by the following:
(a) the Parties should ensure that decisions on the design and
implementation of programmes to combat desertification and/or mitigate the
effects of drought are taken with the participation of populations and local
communities and that an enabling environment is created at higher levels to
facilitate action at national and local levels;
(b) the Parties should, in a spirit of international solidarity and
partnership, improve cooperation and coordination at subregional, regional and
international levels, and better focus financial, human, organizational and
technical resources where they are needed;
(c) the Parties should develop, in a spirit of partnership,
cooperation among all levels of government, communities, non-governmental
organizations and landholders to establish a better understanding of the
nature and value of land and scarce water resources in affected areas and to
work towards their sustainable use; and
(d) the Parties should take into full consideration the special needs
and circumstances of affected developing country Parties, particularly the
least developed among them.
PART II
GENERAL PROVISIONS
Article 4
General obligations
1. The Parties shall implement their obligations under this
Convention, individually or jointly, either through existing or prospective
bilateral and multilateral arrangements or a combination thereof, as
appropriate, emphasizing the need to coordinate efforts and develop a coherent
long-term strategy at all levels.
2. In pursuing the objective of this Convention, the Parties shall:
(a) adopt an integrated approach addressing the physical, biological
and socio-economic aspects of the processes of desertification and drought;
(b) give due attention, within the relevant international and regional
bodies, to the situation of affected developing country Parties with regard to
international trade, marketing arrangements and debt with a view to
establishing an enabling international economic environment conducive to the
promotion of sustainable development;
(c) integrate strategies for poverty eradication into efforts to
combat desertification and mitigate the effects of drought;
(d) promote cooperation among affected country Parties in the fields
of environmental protection and the conservation of land and water resources,
as they relate to desertification and drought;
(e) strengthen subregional, regional and international cooperation;
(f) cooperate within relevant intergovernmental organizations;
(g) determine institutional mechanisms, if appropriate, keeping in
mind the need to avoid duplication; and
(h) promote the use of existing bilateral and multilateral financial
mechanisms and arrangements that mobilize and channel substantial financial
resources to affected developing country Parties in combating desertification
and mitigating the effects of drought.
3. Affected developing country Parties are eligible for assistance in
the implementation of the Convention.
Article 5
Obligations of affected country Parties
In addition to their obligations pursuant to article 4, affected country
Parties undertake to:
(a) give due priority to combating desertification and mitigating the
effects of drought, and allocate adequate resources in accordance with their
circumstances and capabilities;
(b) establish strategies and priorities, within the framework of
sustainable development plans and/or policies, to combat desertification and
mitigate the effects of drought;
(c) address the underlying causes of desertification and pay special
attention to the socio-economic factors contributing to desertification
processes;
(d) promote awareness and facilitate the participation of local
populations, particularly women and youth, with the support of non-
governmental organizations, in efforts to combat desertification and mitigate
the effects of drought; and
(e) 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.
Article 6
Obligations of developed country Parties
In addition to their general obligations pursuant to article 4,
developed country Parties undertake to:
(a) actively support, as agreed, individually or jointly, the efforts
of affected developing country Parties, particularly those in Africa, and the
least developed countries, to combat desertification and mitigate the effects
of drought;
(b) provide substantial financial resources and other forms of support
to assist affected developing country Parties, particularly those in Africa,
effectively to develop and implement their own long-term plans and strategies
to combat desertification and mitigate the effects of drought;
(c) promote the mobilization of new and additional funding pursuant to
article 20, paragraph 2 (b);
(d) encourage the mobilization of funding from the private sector and
other non-governmental sources; and
(e) promote and facilitate access by affected country Parties,
particularly affected developing country Parties, to appropriate technology,
knowledge and know-how.
Article 7
Priority for Africa
In implementing this Convention, the Parties shall give priority to
affected African country Parties, in the light of the particular situation
prevailing in that region, while not neglecting affected developing country
Parties in other regions.
Article 8
Relationship with other conventions
1. The Parties shall encourage the coordination of activities carried
out under this Convention and, if they are Parties to them, under other
relevant international agreements, particularly the United Nations Framework
Convention on Climate Change and the Convention on Biological Diversity, in
order to derive maximum benefit from activities under each agreement while
avoiding duplication of effort. The Parties shall encourage the conduct of
joint programmes, particularly in the fields of research, training, systematic
observation and information collection and exchange, to the extent that such
activities may contribute to achieving the objectives of the agreements
concerned.
2. The provisions of this Convention shall not affect the rights and
obligations of any Party deriving from a bilateral, regional or international
agreement into which it has entered prior to the entry into force of this
Convention for it.
PART III
ACTION PROGRAMMES, SCIENTIFIC AND TECHNICAL COOPERATION
AND SUPPORTING MEASURES
Section 1: Action programmes
Article 9
Basic approach
1. In carrying out their obligations pursuant to article 5, affected
developing country Parties and any other affected country Party in the
framework of its regional implementation annex or, otherwise, that has
notified the Permanent Secretariat in writing of its intention to prepare a
national action programme, shall, as appropriate, prepare, make public and
implement national action programmes, utilizing and building, to the extent
possible, on existing relevant successful plans and programmes, and
subregional and regional action programmes, as the central element of the
strategy to combat desertification and mitigate the effects of drought. Such
programmes shall be updated through a continuing participatory process on the
basis of lessons from field action, as well as the results of research. The
preparation of national action programmes shall be closely interlinked with
other efforts to formulate national policies for sustainable development.
2. In the provision by developed country Parties of different forms
of assistance under the terms of article 6, priority shall be given to
supporting, as agreed, national, subregional and regional action programmes of
affected developing country Parties, particularly those in Africa, either
directly or through relevant multilateral organizations or both.
3. The Parties shall encourage organs, funds and programmes of the
United Nations system and other relevant intergovernmental organizations,
academic institutions, the scientific community and non-governmental
organizations in a position to cooperate, in accordance with their mandates
and capabilities, to support the elaboration, implementation and follow-up of
action programmes.
Article 10
National action programmes
1. The purpose of national action programmes is to identify the
factors contributing to desertification and practical measures necessary to
combat desertification and mitigate the effects of drought.
2. National action programmes shall specify the respective roles of
government, local communities and land users and the resources available and
needed. They shall, inter alia:
(a) incorporate long-term strategies to combat desertification and
mitigate the effects of drought, emphasize implementation and be integrated
with national policies for sustainable development;
(b) allow for modifications to be made in response to changing
circumstances and be sufficiently flexible at the local level to cope with
different socio-economic, biological and geo-physical conditions;
(c) give particular attention to the implementation of preventive
measures for lands that are not yet degraded or which are only slightly
degraded;
(d) enhance national climatological, meteorological and hydrological
capabilities and the means to provide for drought early warning;
(e) promote policies and strengthen institutional frameworks which
develop cooperation and coordination, in a spirit of partnership, between the
donor community, governments at all levels, local populations and community
groups, and facilitate access by local populations to appropriate information
and technology;
(f) provide for effective participation at the local, national and
regional levels of non-governmental organizations and local populations, both
women and men, particularly resource users, including farmers and pastoralists
and their representative organizations, in policy planning, decision-making,
and implementation and review of national action programmes; and
(g) require regular review of, and progress reports on, their
implementation.
3. National action programmes may include, inter alia, some or all of
the following measures to prepare for and mitigate the effects of drought:
(a) establishment and/or strengthening, as appropriate, of early
warning systems, including local and national facilities and joint systems at
the subregional and regional levels, and mechanisms for assisting
environmentally displaced persons;
(b) strengthening of drought preparedness and management, including
drought contingency plans at the local, national, subregional and regional
levels, which take into consideration seasonal to interannual climate
predictions;
(c) establishment and/or strengthening, as appropriate, of food
security systems, including storage and marketing facilities, particularly in
rural areas;
(d) establishment of alternative livelihood projects that could
provide incomes in drought prone areas; and
(e) development of sustainable irrigation programmes for both crops
and livestock.
4. Taking into account the circumstances and requirements specific to
each affected country Party, national action programmes include, as
appropriate, inter alia, measures in some or all of the following priority
fields as they relate to combating desertification and mitigating the effects
of drought in affected areas and to their populations: promotion of
alternative livelihoods and improvement of national economic environments with
a view to strengthening programmes aimed at the eradication of poverty and at
ensuring food security; demographic dynamics; sustainable management of
natural resources; sustainable agricultural practices; development and
efficient use of various energy sources; institutional and legal frameworks;
strengthening of capabilities for assessment and systematic observation,
including hydrological and meteorological services, and capacity building,
education and public awareness.
Article 11
Subregional and regional action programmes
Affected country Parties shall consult and cooperate to prepare, as
appropriate, in accordance with relevant regional implementation annexes,
subregional and/or regional action programmes to harmonize, complement and
increase the efficiency of national programmes. The provisions of article 10
shall apply mutatis mutandis to subregional and regional programmes. Such
cooperation may include agreed joint programmes for the sustainable management
of transboundary natural resources, scientific and technical cooperation, and
strengthening of relevant institutions.
Article 12
International cooperation
Affected country Parties, in collaboration with other Parties and the
international community, should cooperate to ensure the promotion of an
enabling international environment in the implementation of the Convention.
Such cooperation should also cover fields of technology transfer as well as
scientific research and development, information collection and dissemination
and financial resources.
Article 13
Support for the elaboration and
implementation of action programmes
1. Measures to support action programmes pursuant to article 9
include, inter alia:
(a) financial cooperation to provide predictability for action
programmes, allowing for necessary long-term planning;
(b) elaboration and use of cooperation mechanisms which better enable
support at the local level, including action through non-governmental
organizations, in order to promote the replicability of successful pilot
programme activities where relevant;
(c) increased flexibility in project design, funding and
implementation in keeping with the experimental, iterative approach indicated
for participatory action at the local community level; and
(d) as appropriate, administrative and budgetary procedures that
increase the efficiency of cooperation and of support programmes.
2. In providing such support to affected developing country Parties,
priority shall be given to African country Parties and to least developed
country Parties.
Article 14
Coordination in the elaboration and implementation
of action programmes
1. The Parties shall work closely together, directly and through
relevant intergovernmental organizations, in the elaboration and
implementation of action programmes.
2. The Parties shall develop operational mechanisms, particularly at
the national and field levels, to ensure the fullest possible coordination
among developed country Parties, developing country Parties and relevant
intergovernmental and non-governmental organizations, in order to avoid
duplication, harmonize interventions and approaches, and maximize the impact
of assistance. In affected developing country Parties, priority will be given
to coordinating activities related to international cooperation in order to
maximize the efficient use of resources, to ensure responsive assistance, and
to facilitate the implementation of national action programmes and priorities
under this Convention.
Article 15
Regional implementation annexes
Elements for incorporation in action programmes shall be selected and
adapted to the socio-economic, geographical and climatic factors applicable to
affected country Parties or regions, as well as to their level of development.
Guidelines for the preparation of action programmes and their exact focus and
content for particular subregions and regions are set out in the regional
implementation annexes.
Section 2: Scientific and technical cooperation
Article 16
Information collection, analysis and exchange
The Parties agree, according to their respective capabilities, to
integrate and coordinate the collection, analysis and exchange of relevant
short term and long term data and information to ensure systematic observation
of land degradation in affected areas and to understand better and assess the
processes and effects of drought and desertification. This would help
accomplish, inter alia, early warning and advance planning for periods of
adverse climatic variation in a form suited for practical application by users
at all levels, including especially local populations. To this end, they
shall, as appropriate:
(a) facilitate and strengthen the functioning of the global network of
institutions and facilities for the collection, analysis and exchange of
information, as well as for systematic observation at all levels, which shall,
inter alia:
(i) aim to use compatible standards and systems;
(ii) encompass relevant data and stations, including in
remote areas;
(iii) use and disseminate modern technology for data
collection, transmission and assessment on land degradation; and
(iv) link national, subregional and regional data and
information centres more closely with global information sources;
(b) ensure that the collection, analysis and exchange of information
address the needs of local communities and those of decision makers, with a
view to resolving specific problems, and that local communities are involved
in these activities;
(c) support and further develop bilateral and multilateral programmes
and projects aimed at defining, conducting, assessing and financing the
collection, analysis and exchange of data and information, including, inter
alia, integrated sets of physical, biological, social and economic indicators;
(d) make full use of the expertise of competent intergovernmental and
non-governmental organizations, particularly to disseminate relevant
information and experiences among target groups in different regions;
(e) give full weight to the collection, analysis and exchange of
socio-economic data, and their integration with physical and biological data;
(f) exchange and make fully, openly and promptly available information
from all publicly available sources relevant to combating desertification and
mitigating the effects of drought; and
(g) subject to their respective national legislation and/or policies,
exchange information on local and traditional knowledge, ensuring adequate
protection for it and providing appropriate return from the benefits derived
from it, on an equitable basis and on mutually agreed terms, to the local
populations concerned.
Article 17
Research and development
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, subregional, regional and international institutions. To this end,
they shall support research activities that:
(a) contribute to increased knowledge of the processes leading to
desertification and drought and the impact of, and distinction between, causal
factors, both natural and human, with a view to combating desertification and
mitigating the effects of drought, and achieving improved productivity as well
as sustainable use and management of resources;
(b) respond to well defined objectives, address the specific needs of
local populations and lead to the identification and implementation of
solutions that improve the living standards of people in affected areas;
(c) 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;
(d) develop and strengthen national, subregional and regional research
capabilities in affected developing country Parties, particularly in Africa,
including the development of local skills and the strengthening of appropriate
capacities, especially in countries with a weak research base, giving
particular attention to multidisciplinary and participative socio-economic
research;
(e) take into account, where relevant, the relationship between
poverty, migration caused by environmental factors, and desertification;
(f) promote the conduct of joint research programmes between national,
subregional, regional and international research organizations, in both the
public and private sectors, for the development of improved, affordable and
accessible technologies for sustainable development through effective
participation of local populations and communities; and
(g) enhance the availability of water resources in affected areas, by
means of, inter alia, cloud-seeding.
2. Research priorities for particular regions and subregions,
reflecting different local conditions, should be included in action
programmes. The Conference of the Parties shall review research priorities
periodically on the advice of the Committee on Science and Technology.
Article 18
Transfer, acquisition, adaptation and development of technology
1. 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 Parties shall, in particular:
(a) fully utilize relevant existing national, subregional, 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;
(b) facilitate access, in particular by affected developing country
Parties, on favourable terms, including on concessional and preferential
terms, as mutually agreed, taking into account the need to protect
intellectual property rights, to technologies most suitable to practical
application for specific needs of local populations, paying special attention
to the social, cultural, economic and environmental impact of such technology;
(c) facilitate technology cooperation among affected country Parties
through financial assistance or other appropriate means;
(d) extend technology cooperation with affected developing country
Parties, including, where relevant, joint ventures, especially to sectors
which foster alternative livelihoods; and
(e) take appropriate measures to create domestic market conditions and
incentives, fiscal or otherwise, conducive to the development, transfer,
acquisition and adaptation of suitable technology, knowledge, know-how and
practices, including measures to ensure adequate and effective protection of
intellectual property rights.
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:
(a) 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;
(b) 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;
(c) 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
(d) facilitate, as appropriate, the adaptation of such technology,
knowledge, know-how and practices to wide use and integrate them with modern
technology, as appropriate.
Section 3: Supporting measures
Article 19
Capacity building, education and public awareness
1. The Parties recognize 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. They shall promote, as appropriate,
capacity-building:
(a) through the full participation at all levels of local people,
particularly at the local level, especially women and youth, with the
cooperation of non-governmental and local organizations;
(b) by strengthening training and research capacity at the national
level in the field of desertification and drought;
(c) by establishing and/or strengthening support and extension
services to disseminate relevant technology methods and techniques more
effectively, and by training field agents and members of rural organizations
in participatory approaches for the conservation and sustainable use of
natural resources;
(d) by fostering the use and dissemination of the knowledge, know-how
and practices of local people in technical cooperation programmes, wherever
possible;
(e) by adapting, where necessary, relevant environmentally sound
technology and traditional methods of agriculture and pastoralism to modern
socio-economic conditions;
(f) by 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;
(g) through cooperation, as mutually agreed, to strengthen the
capacity of affected developing country Parties to develop and implement
programmes in the field of collection, analysis and exchange of information
pursuant to article 16;
(h) through innovative ways of promoting alternative livelihoods,
including training in new skills;
(i) by training of decision makers, managers, and personnel who are
responsible for the collection and analysis of data for the dissemination and
use of early warning information on drought conditions and for food
production;
(j) through more effective operation of existing national institutions
and legal frameworks and, where necessary, creation of new ones, along with
strengthening of strategic planning and management; and
(k) by means of exchange visitor programmes to enhance capacity
building in affected country Parties through a long-term, interactive process
of learning and study.
2. Affected developing country Parties shall conduct, in cooperation
with other Parties and competent intergovernmental and non-governmental
organizations, as appropriate, an interdisciplinary review of available
capacity and facilities at the local and national levels, and the potential
for strengthening them.
3. 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. To that
end, they shall:
(a) organize awareness campaigns for the general public;
(b) promote, on a permanent basis, access by the public to relevant
information, and wide public participation in education and awareness
activities;
(c) encourage the establishment of associations that contribute to
public awareness;
(d) develop and exchange educational and public awareness material,
where possible in local languages, exchange and second experts to train
personnel of affected developing country Parties in carrying out relevant
education and awareness programmes, and fully utilize relevant educational
material available in competent international bodies;
(e) assess educational needs in affected areas, elaborate appropriate
school curricula and expand, as needed, educational and adult literacy
programmes and opportunities for all, in particular for girls and women, on
the identification, conservation and sustainable use and management of the
natural resources of affected areas; and
(f) develop interdisciplinary participatory programmes integrating
desertification and drought awareness into educational systems and in non-
formal, adult, distance and practical educational programmes.
4. The Conference of the Parties shall establish and/or strengthen
networks of regional education and training centres to combat desertification
and mitigate the effects of drought. These networks shall be coordinated by
an institution created or designated for that purpose, in order to train
scientific, technical and management personnel and to strengthen existing
institutions responsible for education and training in affected country
Parties, where appropriate, with a view to harmonizing programmes and to
organizing exchanges of experience among them. These networks shall cooperate
closely with relevant intergovernmental and non-governmental organizations to
avoid duplication of effort.
Article 20
Financial resources
1. Given the central importance of financing to the achievement of
the objective of the Convention, the Parties, taking into account their
capabilities, shall make every effort to ensure that adequate financial
resources are available for programmes to combat desertification and mitigate
the effects of drought.
2. In this connection, developed country Parties, while giving
priority to affected African country Parties without neglecting affected
developing country Parties in other regions, in accordance with article 7,
undertake to:
(a) mobilize substantial financial resources, including grants and
concessional loans, in order to support the implementation of programmes to
combat desertification and mitigate the effects of drought;
(b) promote the mobilization of adequate, timely and predictable
financial resources, including new and additional funding from the Global
Environment Facility of the agreed incremental costs of those activities
concerning desertification that relate to its four focal areas, in conformity
with the relevant provisions of the Instrument establishing the Global
Environment Facility;
(c) facilitate through international cooperation the transfer of
technology, knowledge and know-how; and
(d) explore, in cooperation with affected developing country Parties,
innovative methods and incentives for mobilizing and channelling resources,
including those of foundations, non-governmental organizations and other
private sector entities, particularly debt swaps and other innovative means
which increase financing by reducing the external debt burden of affected
developing country Parties, particularly those in Africa.
3. Affected developing country Parties, taking into account their
capabilities, undertake to mobilize adequate financial resources for the
implementation of their national action programmes.
4. In mobilizing financial resources, the Parties shall seek full use
and continued qualitative improvement of all national, bilateral and
multilateral funding sources and mechanisms, using consortia, joint programmes
and parallel financing, and shall seek to involve private sector funding
sources and mechanisms, including those of non-governmental organizations. To
this end, the Parties shall fully utilize the operational mechanisms developed
pursuant to article 14.
5. In order to mobilize the financial resources necessary for
affected developing country Parties to combat desertification and mitigate the
effects of drought, the Parties shall:
(a) rationalize and strengthen the management of resources already
allocated for combating desertification and mitigating the effects of drought
by using them more effectively and efficiently, assessing their successes and
shortcomings, removing hindrances to their effective use and, where necessary,
reorienting programmes in light of the integrated long-term approach adopted
pursuant to this Convention;
(b) give due priority and attention within the governing bodies of
multilateral financial institutions, facilities and funds, including regional
development banks and funds, to supporting affected developing country
Parties, particularly those in Africa, in activities which advance
implementation of the Convention, notably action programmes they undertake in
the framework of regional implementation annexes; and
(c) examine ways in which regional and subregional cooperation can be
strengthened to support efforts undertaken at the national level.
6. Other Parties are encouraged to provide, on a voluntary basis,
knowledge, know-how and techniques related to desertification and/or financial
resources to affected developing country Parties.
7. The full implementation by affected developing country Parties,
particularly those in Africa, of their obligations under the Convention will
be greatly assisted by the fulfilment by developed country Parties of their
obligations under the Convention, including in particular those regarding
financial resources and transfer of technology. In fulfilling their
obligations, developed country Parties should take fully into account that
economic and social development and poverty eradication are the first
priorities of affected developing country Parties, particularly those in
Africa.
Article 21
Financial mechanisms
1. The Conference of the Parties shall promote the availability of
financial mechanisms and shall encourage such mechanisms to seek to maximize
the availability of funding for affected developing country Parties,
particularly those in Africa, to implement the Convention. To this end, the
Conference of the Parties shall consider for adoption inter alia approaches
and policies that:
(a) facilitate the provision of necessary funding at the national,
subregional, regional and global levels for activities pursuant to relevant
provisions of the Convention;
(b) promote multiple-source funding approaches, mechanisms and
arrangements and their assessment, consistent with article 20;
(c) provide on a regular basis, to interested Parties and relevant
intergovernmental and non-governmental organizations, information on available
sources of funds and on funding patterns in order to facilitate coordination
among them;
(d) facilitate the establishment, as appropriate, of mechanisms, such
as national desertification funds, including those involving the participation
of non-governmental organizations, to channel financial resources rapidly and
efficiently to the local level in affected developing country Parties; and
(e) strengthen existing funds and financial mechanisms at the
subregional and regional levels, particularly in Africa, to support more
effectively the implementation of the Convention.
2. The Conference of the Parties shall also encourage the provision,
through various mechanisms within the United Nations system and through
multilateral financial institutions, of support at the national, subregional
and regional levels to activities that enable developing country Parties to
meet their obligations under the Convention.
3. Affected developing country Parties shall utilize, and where
necessary, establish and/or strengthen, national coordinating mechanisms,
integrated in national development programmes, that would ensure the efficient
use of all available financial resources. They shall also utilize
participatory processes involving non-governmental organizations, local groups
and the private sector, in raising funds, in elaborating as well as
implementing programmes and in assuring access to funding by groups at the
local level. These actions can be enhanced by improved coordination and
flexible programming on the part of those providing assistance.
4. In order to increase the effectiveness and efficiency of existing
financial mechanisms, a Global Mechanism to promote actions leading to the
mobilization and channelling of substantial financial resources, including for
the transfer of technology, on a grant basis, and/or on concessional or other
terms, to affected developing country Parties, is hereby established. This
Global Mechanism shall function under the authority and guidance of the
Conference of the Parties and be accountable to it.
5. The Conference of the Parties shall identify, at its first
ordinary session, an organization to house the Global Mechanism. The
Conference of the Parties and the organization it has identified shall agree
upon modalities for this Global Mechanism to ensure inter alia that such
Mechanism:
(a) identifies and draws up an inventory of relevant bilateral and
multilateral cooperation programmes that are available to implement the
Convention;
(b) provides advice, on request, to Parties on innovative methods of
financing and sources of financial assistance and on improving the
coordination of cooperation activities at the national level;
(c) provides interested Parties and relevant intergovernmental and
non-governmental organizations with information on available sources of funds
and on funding patterns in order to facilitate coordination among them; and
(d) reports to the Conference of the Parties, beginning at its second
ordinary session, on its activities.
6. The Conference of the Parties shall, at its first session, make
appropriate arrangements with the organization it has identified to house the
Global Mechanism for the administrative operations of such Mechanism, drawing
to the extent possible on existing budgetary and human resources.
7. The Conference of the Parties shall, at its third ordinary
session, review the policies, operational modalities and activities of the
Global Mechanism accountable to it pursuant to paragraph 4, taking into
account the provisions of article 7. On the basis of this review, it shall
consider and take appropriate action.
PART IV
INSTITUTIONS
Article 22
Conference of the Parties
1. A Conference of the Parties is hereby established.
2. The Conference of the Parties is the supreme body of the
Convention. It shall make, within its mandate, the decisions necessary to
promote its effective implementation. In particular, it shall:
(a) regularly review the implementation of the Convention and the
functioning of its institutional arrangements in the light of the experience
gained at the national, subregional, regional and international levels and on
the basis of the evolution of scientific and technological knowledge;
(b) promote and facilitate the exchange of information on measures
adopted by the Parties, and determine the form and timetable for transmitting
the information to be submitted pursuant to article 26, review the reports and
make recommendations on them;
(c) establish such subsidiary bodies as are deemed necessary for the
implementation of the Convention;
(d) review reports submitted by its subsidiary bodies and provide
guidance to them;
(e) agree upon and adopt, by consensus, rules of procedure and
financial rules for itself and any subsidiary bodies;
(f) adopt amendments to the Convention pursuant to articles 30 and 31;
(g) approve a programme and budget for its activities, including those
of its subsidiary bodies, and undertake necessary arrangements for their
financing;
(h) as appropriate, seek the cooperation of, and utilize the services
of and information provided by, competent bodies or agencies, whether national
or international, intergovernmental or non-governmental;
(i) promote and strengthen the relationship with other relevant
conventions while avoiding duplication of effort; and
(j) exercise such other functions as may be necessary for the
achievement of the objective of the Convention.
3. The Conference of the Parties shall, at its first session, adopt
its own rules of procedure, by consensus, which shall include decision-making
procedures for matters not already covered by decision-making procedures
stipulated in the Convention. Such procedures may include specified
majorities required for the adoption of particular decisions.
4. The first session of the Conference of the Parties shall be
convened by the interim secretariat referred to in article 35 and shall take
place not later than one year after the date of entry into force of the
Convention. Unless otherwise decided by the Conference of the Parties, the
second, third and fourth ordinary sessions shall be held yearly, and
thereafter, ordinary sessions shall be held every two years.
5. Extraordinary sessions of the Conference of the Parties shall be
held at such other times as may be decided either by the Conference of the
Parties in ordinary session or at the written request of any Party, provided
that, within three months of the request being communicated to the Parties by
the Permanent Secretariat, it is supported by at least one third of the
Parties.
6. At each ordinary session, the Conference of the Parties shall
elect a Bureau. The structure and functions of the Bureau shall be determined
in the rules of procedure. In appointing the Bureau, due regard shall be paid
to the need to ensure equitable geographical distribution and adequate
representation of affected country Parties, particularly those in Africa.
7. The United Nations, its specialized agencies and any State member
thereof or observers thereto not Party to the Convention, may be represented
at sessions of the Conference of the Parties as observers. Any body or
agency, whether national or international, governmental or non-governmental,
which is qualified in matters covered by the Convention, and which has
informed the Permanent Secretariat of its wish to be represented at a session
of the Conference of the Parties as an observer, may be so admitted unless at
least one
third of the Parties present object. The admission and participation of
observers shall be subject to the rules of procedure adopted by the Conference
of the Parties.
8. The Conference of the Parties may request competent national and
international organizations which have relevant expertise to provide it
with information relevant to article 16, paragraph (g), article 17, paragraph
1 (c) and article 18, paragraph 2(b).
Article 23
Permanent Secretariat
1. A Permanent Secretariat is hereby established.
2. The functions of the Permanent Secretariat shall be:
(a) to make arrangements for sessions of the Conference of the Parties
and its subsidiary bodies established under the Convention and to provide them
with services as required;
(b) to compile and transmit reports submitted to it;
(c) to facilitate assistance to affected developing country Parties,
on request, particularly those in Africa, in the compilation and communication
of information required under the Convention;
(d) to coordinate its activities with the secretariats of other
relevant international bodies and conventions;
(e) to enter, under the guidance of the Conference of the Parties,
into such administrative and contractual arrangements as may be required for
the effective discharge of its functions;
(f) to prepare reports on the execution of its functions under this
Convention and present them to the Conference of the Parties; and
(g) to perform such other secretariat functions as may be determined
by the Conference of the Parties.
3. The Conference of the Parties, at its first session, shall
designate a Permanent Secretariat and make arrangements for its functioning.
Article 24
Committee on Science and Technology
1. A Committee on Science and Technology is hereby established as a
subsidiary body of the Conference of the Parties to provide it with
information and advice on scientific and technological matters relating to
combating desertification and mitigating the effects of drought. The
Committee shall meet in conjunction with the ordinary sessions of the
Conference of the Parties and shall be multidisciplinary and open to the
participation of all Parties. It shall be composed of government
representatives competent in the relevant fields of expertise. The Conference
of the Parties shall decide, at its first session, on the terms of reference
of the Committee.
2. The Conference of the Parties shall establish and maintain a
roster of independent experts with expertise and experience in the relevant
fields. The roster shall be based on nominations received in writing from the
Parties, taking into account the need for a multidisciplinary approach and
broad geographical representation.
3. The Conference of the Parties may, as necessary, appoint ad hoc
panels to provide it, through the Committee, with information and advice on
specific issues regarding the state of the art in fields of science and
technology relevant to combating desertification and mitigating the effects of
drought. These panels shall be composed of experts whose names are taken from
the roster, taking into account the need for a multidisciplinary approach and
broad geographical representation. These experts shall have scientific
backgrounds and field experience and shall be appointed by the Conference of
the Parties on the recommendation of the Committee. The Conference of the
Parties shall decide on the terms of reference and the modalities of work of
these panels.
Article 25
Networking of institutions, agencies and bodies
1. The Committee on Science and Technology shall, under the
supervision of the Conference of the Parties, make provision for the
undertaking of a survey and evaluation of the relevant existing networks,
institutions, agencies and bodies willing to become units of a network. Such
a network shall support the implementation of the Convention.
2. On the basis of the results of the survey and evaluation referred
to in paragraph 1, the Committee on Science and Technology shall make
recommendations to the Conference of the Parties on ways and means to
facilitate and strengthen networking of the units at the local, national and
other levels, with a view to ensuring that the thematic needs set out in
articles 16 to 19 are addressed.
3. Taking into account these recommendations, the Conference of the
Parties shall:
(a) identify those national, subregional, regional and international
units that are most appropriate for networking, and recommend operational
procedures, and a time frame, for them; and
(b) identify the units best suited to facilitating and strengthening
such networking at all levels.
PART V
PROCEDURES
Article 26
Communication of information
1. Each Party shall communicate to the Conference of the Parties for
consideration at its ordinary sessions, through the Permanent Secretariat,
reports on the measures which it has taken for the implementation of the
Convention. The Conference of the Parties shall determine the timetable for
submission and the format of such reports.
2. Affected country Parties shall provide a description of the
strategies established pursuant to article 5 and of any relevant information
on their implementation.
3. Affected country Parties which implement action programmes
pursuant to articles 9 to 15 shall provide a detailed description of the
programmes and of their implementation.
4. Any group of affected country Parties may make a joint
communication on measures taken at the subregional and/or regional levels in
the framework of action programmes.
5. Developed country Parties shall report on measures taken to assist
in the preparation and implementation of action programmes, including
information on the financial resources they have provided, or are providing,
under the Convention.
6. Information communicated pursuant to paragraphs 1 to 4 shall be
transmitted by the Permanent Secretariat as soon as possible to the Conference
of the Parties and to any relevant subsidiary body.
7. The Conference of the Parties shall facilitate the provision to
affected developing countries, particularly those in Africa, on request, of
technical and financial support in compiling and communicating information in
accordance with this article, as well as identifying the technical and
financial needs associated with action programmes.
Article 27
Measures to resolve questions on implementation
The Conference of the Parties shall consider and adopt procedures and
institutional mechanisms for the resolution of questions that may arise with
regard to the implementation of the Convention.
Article 28
Settlement of disputes
1. Parties shall settle any dispute between them concerning the
interpretation or application of the Convention through negotiation or other
peaceful means of their own choice.
2. When ratifying, accepting, approving, or acceding to the
Convention, or at any time thereafter, a Party which is not a regional
economic integration organization may declare in a written instrument
submitted to the Depositary that, in respect of any dispute concerning the
interpretation or application of the Convention, it recognizes one or both of
the following means of dispute settlement as compulsory in relation to any
Party accepting the same obligation:
(a) arbitration in accordance with procedures adopted by the
Conference of the Parties in an annex as soon as practicable;
(b) submission of the dispute to the International Court of Justice.
3. A Party which is a regional economic integration organization may
make a declaration with like effect in relation to arbitration in accordance
with the procedure referred to in paragraph 2 (a).
4. A declaration made pursuant to paragraph 2 shall remain in force
until it expires in accordance with its terms or until three months after
written notice of its revocation has been deposited with the Depositary.
5. The expiry of a declaration, a notice of revocation or a new
declaration shall not in any way affect proceedings pending before an arbitral
tribunal or the International Court of Justice unless the Parties to the
dispute otherwise agree.
6. If the Parties to a dispute have not accepted the same or any
procedure pursuant to paragraph 2 and if they have not been able to settle
their dispute within twelve months following notification by one Party to
another that a dispute exists between them, the dispute shall be submitted to
conciliation at the request of any Party to the dispute, in accordance with
procedures adopted by the Conference of the Parties in an annex as soon as
practicable.
Article 29
Status of annexes
1. Annexes form an integral part of the Convention and, unless
expressly provided otherwise, a reference to the Convention also constitutes a
reference to its annexes.
2. The Parties shall interpret the provisions of the annexes in a
manner that is in conformity with their rights and obligations under the
articles of this Convention.
Article 30
Amendments to the Convention
1. Any Party may propose amendments to the Convention.
2. Amendments to the Convention shall be adopted at an ordinary
session of the Conference of the Parties. The text of any proposed amendment
shall be communicated to the Parties by the Permanent Secretariat at least six
months before the meeting at which it is proposed for adoption. The Permanent
Secretariat shall also communicate proposed amendments to the signatories to
the Convention.
3. The Parties shall make every effort to reach agreement on any
proposed amendment to the Convention by consensus. If all efforts at
consensus have been exhausted and no agreement reached, the amendment shall,
as a last resort, be adopted by a two-thirds majority vote of the Parties
present and voting at the meeting. The adopted amendment shall be
communicated by the Permanent Secretariat to the Depositary, who shall
circulate it to all Parties for their ratification, acceptance, approval or
accession.
4. Instruments of ratification, acceptance, approval or accession in
respect of an amendment shall be deposited with the Depositary. An amendment
adopted pursuant to paragraph 3 shall enter into force for those Parties
having accepted it on the ninetieth day after the date of receipt by the
Depositary of an instrument of ratification, acceptance, approval or accession
by at least two thirds of the Parties to the Convention which were Parties at
the time of the adoption of the amendment.
5. The amendment shall enter into force for any other Party on the
ninetieth day after the date on which that Party deposits with the Depositary
its instrument of ratification, acceptance or approval of, or accession to the
said amendment.
6. For the purposes of this article and article 31, "Parties present
and voting" means Parties present and casting an affirmative or negative vote.
Article 31
Adoption and amendment of annexes
1. Any additional annex to the Convention and any amendment to an
annex shall be proposed and adopted in accordance with the procedure for
amendment of the Convention set forth in article 30, provided that, in
adopting an additional regional implementation annex or amendment to any
regional implementation annex, the majority provided for in that article shall
include a two-thirds majority vote of the Parties of the region concerned
present and voting. The adoption or amendment of an annex shall be
communicated by the Depositary to all Parties.
2. An annex, other than an additional regional implementation annex,
or an amendment to an annex, other than an amendment to any regional
implementation annex, that has been adopted in accordance with paragraph 1,
shall enter into force for all Parties to the Convention six months after the
date of communication by the Depositary to such Parties of the adoption of
such annex or amendment, except for those Parties that have notified the
Depositary in writing within that period of their non-acceptance of such annex
or amendment. Such annex or amendment shall enter into force for Parties
which withdraw their notification of non-acceptance on the ninetieth day after
the date on which withdrawal of such notification has been received by the
Depositary.
3. An additional regional implementation annex or amendment to any
regional implementation annex that has been adopted in accordance with
paragraph 1, shall enter into force for all Parties to the Convention six
months after the date of the communication by the Depositary to such Parties
of the adoption of such annex or amendment, except with respect to:
(a) any Party that has notified the Depositary in writing, within such
six month period, of its non-acceptance of that additional regional
implementation annex or of the amendment to the regional implementation annex,
in which case such annex or amendment shall enter into force for Parties which
withdraw their notification of non-acceptance on the ninetieth day after the
date on which withdrawal of such notification has been received by the
Depositary; and
(b) any Party that has made a declaration with respect to additional
regional implementation annexes or amendments to regional implementation
annexes in accordance with article 34, paragraph 4, in which case any such
annex or amendment shall enter into force for such a Party on the ninetieth
day after the date of deposit with the Depositary of its instrument of
ratification, acceptance, approval or accession with respect to such annex or
amendment.
4. If the adoption of an annex or an amendment to an annex involves
an amendment to the Convention, that annex or amendment to an annex shall not
enter into force until such time as the amendment to the Convention enters
into force.
Article 32
Right to vote
1. Except as provided for in paragraph 2, each Party to the
Convention shall have one vote.
2. Regional economic integration organizations, in matters within
their competence, shall exercise their right to vote with a number of votes
equal to the number of their member States that are Parties to the Convention.
Such an organization shall not exercise its right to vote if any of its member
States exercises its right, and vice versa.
PART VI
FINAL PROVISIONS
Article 33
Signature
This Convention shall be opened for signature at Paris, on 14-15
October 1994, by States Members of the United Nations or any of its
specialized agencies or that are Parties to the Statute of the International
Court of Justice and by regional economic integration organizations. It shall
remain open for signature, thereafter, at the United Nations Headquarters in
New York until 13 October 1995.
Article 34
Ratification, acceptance, approval and accession
1. The Convention shall be subject to ratification, acceptance,
approval or accession by States and by regional economic integration
organizations. It shall be open for accession from the day after the date on
which the Convention is closed for signature. Instruments of ratification,
acceptance, approval or accession shall be deposited with the Depositary.
2. Any regional economic integration organization which becomes a
Party to the Convention without any of its member States being a Party to the
Convention shall be bound by all the obligations under the Convention. Where
one or more member States of such an organization are also Party to the
Convention, the organization and its member States shall decide on their
respective responsibilities for the performance of their obligations under the
Convention. In such cases, the organization and the member States shall not be
entitled to exercise rights under the Convention concurrently.
3. In their instruments of ratification, acceptance, approval or
accession, regional economic integration organizations shall declare the
extent of their competence with respect to the matters governed by the
Convention. They shall also promptly inform the Depositary, who shall in turn
inform the Parties, of any substantial modification in the extent of their
competence.
4. In its instrument of ratification, acceptance, approval or
accession, any Party may declare that, with respect to it, any additional
regional implementation annex or any amendment to any regional implementation
annex shall enter into force only upon the deposit of its instrument of
ratification, acceptance, approval or accession with respect thereto.
Article 35
Interim arrangements
The secretariat functions referred to in article 23 will be carried out
on an interim basis by the secretariat established by the General Assembly of
the United Nations in its resolution 47/188 of 22 December 1992, until the
completion of the first session of the Conference of the Parties.
Article 36
Entry into force
1. The Convention shall enter into force on the ninetieth day after
the date of deposit of the fiftieth instrument of ratification, acceptance,
approval or accession.
2. For each State or regional economic integration organization
ratifying, accepting, approving or acceding to the Convention after the
deposit of the fiftieth instrument of ratification, acceptance, approval or
accession, the Convention shall enter into force on the ninetieth day after
the date of deposit by such State or regional economic integration
organization of its instrument of ratification, acceptance, approval or
accession.
3. For the purposes of paragraphs 1 and 2, any instrument deposited
by a regional economic integration organization shall not be counted as
additional to those deposited by States members of the organization.
Article 37
Reservations
No reservations may be made to this Convention.
Article 38
Withdrawal
1. At any time after three years from the date on which the
Convention has entered into force for a Party, that Party may withdraw from
the Convention by giving written notification to the Depositary.
2. Any such withdrawal shall take effect upon expiry of one year from
the date of receipt by the Depositary of the notification of withdrawal, or on
such later date as may be specified in the notification of withdrawal.
Article 39
Depositary
The Secretary-General of the United Nations shall be the Depositary of
the Convention.
Article 40
Authentic texts
The original of the present Convention, of which the Arabic, Chinese,
English, French, Russian and Spanish texts are equally authentic, shall be
deposited with the Secretary-General of the United Nations.
IN WITNESS WHEREOF the undersigned, being duly authorized to that
effect, have signed the present Convention.
DONE AT Paris, this 17th day of June one thousand nine hundred and
ninety-four.