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Civil Society Consultation
OAS Meeting Report
Washington, USA
31 August 1996

Background

Twenty-two states participated in what was referred to as an historic event, when the OAS for the first time, opened its doors for civil society to contribute to the preparations for the Hemispheric Summit to be held in Bolivia. Although this was a small delegation of civil society, they none-the-less represented the results of much wider consultations within their respective countries, and each had a substantial contribution to make. The Fondacion Futuro Latinamerico (FFLA) spearheaded the assembly of representative civil society groups. The International Institute for Sustainable Development (IISD) was the Canadian National Convenor of civil society input.

Nations in attendance represented by Civil Society: (22 Countries)

Antigua Dominican Republic Jamaica
Argentina Ecuador Mexico
Belize El Salvador Panama
Boliva Guatemala Peru
Canada Guyana Suriname
Chile Honduras Uruguay
Columbia United States Venezuela
Costa Rica



Canadian Civil Society Presentation of Overarching Issues

- presented by Nola-Kate Seymoar (Attached)

- Countries that indicated support for or repeated Canada's suggestions:

Sharing Solutions: successes, failures, experiences, information
  • Argentina
  • Bolivia
  • Ecuador
  • Mexico
  • Peru

Integrative Approach to Sustainable Development: environmental, economic, social
  • United States
  • Suriname

Developing Continuity between Summits
  • United States
  • Chile

Other concerns/issues that were brought forward by more than one nation:

the need for environmental education at all levels including the informal and formal sectors;

(1) identifying the obligations of developed countries in the process of achieving SD in the Americas;

(2) that agreements reached at the Summit be measurable and results oriented;

(3) the need to address poverty issues;

that financial backing of agreements be secured;

the need to include island states in the Summit documentation; and

(4) that civil society input is critical to the Summit process.

Topics Presented by Representatives at the Meeting:

Improving our Human Resources by Expanding Opportunities (12 Speakers)

Canadian Presentation by Jean Perras (Attached)

  • more action oriented language
  • participation of stakeholders is critical to education
  • involvement of youth
  • formal and informal education and communication sectors
  • free exchange of information between states (interstate cooperation)
  • trade agreements must include provisions for sustainable development

Protecting and Managing Our Natural Resources: Energy (3 Speakers)

  • need for capital
  • increased energy efficiency

Protecting and Managing Our Natural Resources: Water (3 Speakers)

Canadian Presentation by Ed Dosman (Attached)
  • pollution prevention (follow up from Miami)
  • urban water utility profits should compensate for watershed conservation
  • conflict prevention and resolution methods

Protecting and Managing Our Natural Resources: Forests (7 Speakers)

Canadian Presentation by Harry Bombay (Attached)
  • lack of knowledge of traditional uses
  • biodiversity issues
  • inclusion of indigenous peoples
  • desertification (no reference in document)
  • best practices

Reforming Our Institutions and Legal Frameworks (11 Speakers)

Canadian Presentation by Gary McMahon and Roger Augustine (Attached)

  • framework for the participation of civil society
  • debt conversion - toward sustainable development projects
  • institutional cooperation
  • rational enforceable laws are necessary
  • best practices
  • need commitment to process of integration of trade and environmental policies
  • need stronger hemispheric institutions
  • strengthen the role of civil society
  • cleaner technology
  • indigenous peoples - need voice in hemispheric integration process



Hemispheric Summit on Sustainable Development
Canadian National Consultations - A General Overview
Dr. Nola-Kate Seymoar
International Institute for Sustainable Development
Washington, July 30, 1996

Approximately 70 people participated in the Canadian Consultation on May 28, 1996. They represented business, industry, non-governmental organizations, academic society, aboriginal peoples and governmental organizations. From a much longer list, they prioritized eight topics for discussion and formed working groups to develop recommendations. The eight topics included: Trade and Sustainable Development; Biodiversity; Water; Sustainable Livelihoods and Poverty Eradication; Indigenous Peoples; Forests; Pollution Control and Prevention; and Communication, Education and Public Participation.

The recommendations and summary of the discussions are available and will be spoken about by my colleagues later in this meeting. The following points are of a more general nature and provide an overall context to the specific recommendations.

The Canadian discussions confirmed the following points:

Changing "either - or" to "and":

Implementing sustainable development for the hemisphere requires the integration of three components - environmental, economic and social, within a long term time frame. Consideration of all three in a holistic manner is both necessary and sufficient for enhancing the well being of current and future generations throughout the Americas. Whether we are discussing trade, water quality or rights, it is not a matter of trading off environmental considerations, cultural or economic ones, of pitting one against the other. We are convinced that sustainable development is only possible if all three components are concurrently factored into decisions.

Sharing the Solutions:

The involvement of civil society is essential to any effective plan to implement sustainable development. With regard to the role of the civil sector at the Summit, we are of the opinion that representatives of civil society should participate as members of national delegations. In addition, and within the context of limited space and resources, we think that a showcase of good examples of business and citizens' initiatives - success stories and best practices - sharing the lessons from different sectors in different countries, would be a useful addition to the regular summit negotiations and agenda. Much of our discussion at our own consultation involved identifying what has worked for us and what has not. We would like to share our ideas and to learn from others about their solutions to similar problems. We have experience (some successful and some where we are still struggling to learn) in a number of areas which might be of interest to other countries, including :

  • multi-sectoral processes such as round tables and citizens' forums;
  • other participatory models such as the Remedial Action Plans for the Great Lakes, the Niagara Consultation Process, the Biosphere reserve programs, Model Forests, the Arctic Environmental Protection Strategy, the Whitehorse initiative in the mining sector, and others;
  • structures to implement agreements such as the International Joint Commission related to transboundary waters;
  • eco-labelling ;
  • settling of land claims and indigenous self-government.

Incorporating Indigenous Peoples' Views

When we surveyed 130 key leaders and groups and asked them to rank topics for discussion, matters related to "indigenous peoples" ranked third in importance. What was surprising about this result was that the respondents were not themselves from indigenous organizations. Subsequently, we ensured that indigenous people participated in all of the discussions during the consultation. The result was a strong endorsement of the importance of incorporating indigenous concerns into all of the agenda items at the Summit - not in a confrontational way, but in order to ensure that the solutions sought are, indeed, sustainable - culturally as well as economically and environmentally. This was an acknowledgment by Canadian civil society that indigenous peoples have a wealth of knowledge which can enhance western science. It makes sense to respect and make use of this wisdom for our mutual benefit. Thus we suggest that the OAS consider developing a structure similar to the Arctic Council where a limited number of representative indigenous peoples groups have permanent standing as participant observers.

The Need for Continuity

Over the course of organizing the consultation and building agreement about the recommendations, there was widespread concern for continuity between the results of the various Summits (UNCED, Cairo, Beijing, Habitat11 and the Social Summit) and the Hemispheric Summits. Frustration was frequently expressed at being asked to attend quick gatherings to react to documents received, with little time for people to consult with their constituencies or memberships. We would like to propose that consideration be given to convening regular forums for civil society consideration of matters of concern to the Americas with an eye to building continuity over a longer term. This Canadian consultation, for example, is still underway as we feed back information and ask for further comments by fax, telephone and e-mail. Although imperfect, it has been a useful experience to date. Because it is a multi-sectoral and multi-regional process, it does force dialogue about issues in a different way - without the constraints of formal negotiations.

Goodwill

Finally, the degree of interest and goodwill exhibited by those invited to participate was remarkable. Those involved from the civil sector in Canada are genuinely concerned about issues facing us in the hemisphere and are willing to participate in whatever way we can to help address those issues with governments and with our colleagues from other countries.



Canadian Presentation: Expanding Opportunities
Présentation canadienne - Nouvelles perspectives
By Jean Perras, Learning for a Sustainable Future/L'éducation au service de la Terre

Merci Madame la Présidente. Avec votre permission je ferai mes commentaires en français.

D'abord un grand merci à l'OAS pour l'invitation qui est fait à la société civile de participer dans le processus qui mènera au Sommet des chefs d'états en Bolivie en décembre prochain. Je crois que le Sommet sera un moment important voir fondamental.

Je représent une petite ONG canadienne qui promouvoit de l'éducation du développement durable et qui travaille en collaboration avec les Ministères d'éducation et les enseignantes et les enseignants au Canada et je suis convaincu que la mobilisation et la participation de la société civile aux questions environnementales et de développement sont la clé de l'atteinte du développement durables dans les Amériques.

Tous les chapitres d'Agenda 21 sans exception parlent d'éducation, de mobilisation, et de participation. Nous sommes convaincus que la mobilisation et la participation de la société civile se font par l'éducation, la formation, l'information et les communications. Ces concepts sont repris à maintes reprises dans tous les chapitres d'Agenda 21 et j'aimerais faire la recommandation que l'éducation et la formation de la société civile, des jeunes et des adultes soient une priorité du Sommet. Je souhaite que la nouvelle direction de l'environnement et du développement durable de l'OAS, que je salut ici, continue cet effort d'éducation et de formation après le Sommet.

Cependant l'éducation et la formation de la société civile se doivent d'être simples et claires. Mon amie, Alicia Barcena, disait tantôt que les grandes réunions internationales sur la désertification, l'agriculture, etc, ne resterons que des voeux pieux et des politiques gouvernementales si on ne simplifie pas les messages qui sont issues du rapport Brundtland et du Sommet de la Terre de Rio. Nous devons être simples et clairs dans nos exposés et je souhaite que le Sommet de la Bolivie saura donner un message clair.

En deuxième lieu, le processus doit mettre l'accent sur l'éducation formelle, soit l'intégration des concepts et des principes du développement durable dans les politiques des Ministères de l'Éducation, dans les curriculums, dans la formation des enseignantes et des enseignants et dans le matériel scolaire. Aussi nous verrions d'un bon oeil que, suite à la réunion des chefs d'état, une réunion subséquente du monde de l'éducation formelle et informelle ait lieu pour ramifier et clarifier cette stratégie d'intégration du concept de développement durable dans les systèmes d'éducation formelle et informelle. Je nomme les Ministères de l'Éducation, les facultés d'éducation, les fédérations d'enseignantes et enseignants, les ONGs et autres mouvements populaires et paysans, qui s'occupent d'éducation formelle et informelle dans nos pays.

Pour que l'information circule, et soit intégrée dans les curriculums et fasse l'objet de la formation, il faut que tous aient accès à des moyens d'information et je crois que, parmi ces moyens, l'informatique est le moyen privilégié pour la prochaine décennie.

Ma troisième recommandation serait que, dans la foulée du Sommet de Santa Cruz, soit mis sur pied un réseau d'éducation informatisé des Amériques qui lierait les écoles, les ONGs ainsi que d'autres groupements ou institutions d'éducation dans au moins quatre langues, soit en anglais, en espagnol, en français, et en

portuguais. Le Canada a déjà mis sur pied un réseau qui s'appelle le Réseau scolaire canadien/Canadian SchoolNet qui lie maintenant la moitié des écoles canadiennes où les jeunes et les enseignantes et enseignants peuvent communiquer entre eux et échanger des informations et des activités, sur l'environnement et le développement.

Enfin notre chef de délégation, Nola-Kate Seymoar, disait ce matin que l'important pour nous la délégation canadienne, c'est qu'il y ait continuité. Continuité entre les grands rassemblements qui ont eu lieu depuis le Sommet de l'environnement à Stockholm en passant par Brundtland et Rio. Pour ce qui est de l'éducation cette continuité doit s'inscrire dans le mouvement de la Commission sur le développement durable qui en avril dernier à New York à demandé à l'UNESCO de préparer un plan de travail sur l'éducation au développement durable et de faire rapport en juin 1997 par l'entremise du secrétaire général des Nations unies sur le travail effectué à date. A l'intérieur de ce plan de travail, il y a une alliance stratégique qui doit prendre forme dans la prochaine année et j'invite l'OAS et le Sommet à s'intégrer dans ce processus qui est coordonné par l'UNESCO en collaboration avec l'UNEP, l'UICN et d'autres.

En résumé, Madame la Présidente, l'important est de mobiliser les gens, leur donner de l'espoir, et cela leur donnant accès à l'information, une information claire et simple. Les concepts de l'environnement et du développement durable doivent devenir une préoccupation constante du grand public et sa mobilisation une garantie d'un développement durable et d'un avenir viable.

Merci Madame la Présidente.



Canadian Presentation: Water
By Ed Dosman, York University

Mr. Chairman, distinguished members of the working group and permanent council, civil society colleagues. The working group on water was part of the civil society summit consultative process of Canada and included indigenous leaders, business interests, labor unions, non-governmental actors and the research community. The working group considered the preparatory document from the summit organizers.

First, the working group in Canada was in full agreement with the choice of water as a theme area given the fundamental contribution of water to a healthy society and ecosystem in the America's. Secondly, with respect to diagnosis, there was broad agreement among the civil society members about the importance of sharing success stories in the Americas since Rio. Some examples might be the Lake Titikaka Bi-lateral accord or the formation of the inter America water network. Urgent action is needed.

Turning to principles, the working group recommended greater clarity between general sustainable development and the more immediate operating principles. If for example, the broader operating principals (such as an integrative approach, a water shed ecosystem rather than the national boundary approach, an incorporation of indigenous perspectives), were accepted as an outgrowth of the Rio process then it is important to become more precise about related action items raised in the document. In this regard, the working group recommended the following key principles:

the principle of universal access that is, that all citizens of the Americas have a right to safe water;
  1. full cost accounting to protect water resources, incorporating whatever safeguards are required to maintain the first element; and
  2. the importance of market forces in achieving efficient water delivery services.

These operating principles lead to regulatory tools or management tools that include voluntary initiatives, education, community development and codes of conduct. Then, the operating principles point to the need of multi-sectoral, multi-disciplinary approaches. The working group endorsed fully the need for consultation with civil society at the earliest point in decision making processes.

The results of the consideration of principles made it difficult for our working group to establish firm priorities among the five indicated in your action plan, rather they were all seen as inseparable and need to be addressed in a holistic manner. Finally, the working group considered deliverables as the primary concern given the work of Rio, and beyond, and the many conventions already in existence. Deliverables considered were of three kinds:

  1. for greater government action on existing conventions and commitments starting with the international joint commission and the call to the government's of the United States and Canada and to observe more fully the work of this commission.
  2. collaborative research and sharing of information among the Americas is necessary and should be given greater priority by governments, particularly the more developed countries of the Americas and the International Financial Institutes (IFI's) in order to support the work of the OAS water resources, water networks and other networks currently in existence.
  3. the need to break new ground with a number of major focused, substantive projects to create a process of change and a habit of success to mark off the Bolivian Summit as a summit which had results. Specifically it was suggested that the governments endorse a major project on the mining sector which although it goes beyond water, nevertheless deals with many of the fundamental issues with that sector.

This project could demonstrate progress and be responsive to the operating principals noted above. The intention is to stimulate private sector involvement and leadership, to encourage voluntary efforts and codes of conduct, as well as a suitable investment climate and stakeholder consensus. It has been demonstrated in the Americas that there are successes. The mining sector and sustainable development represent one of great and future concern in which the IFI's and governments can achieve even greater success.

Thank you very much.



Canadian Presentation: Forests, Forestry and Biodiversity
By Harry Bombay, NAFA

Thank you; Mister Chairman and delegates, for the opportunity to address this forum on the issue of Natural Resource Management.

The National Aboriginal Forestry Association, the organization that I represent, is primarily concerned with the role of aboriginal communities in sustainable forest management in Canada. Over the past five years, we have been involved in Canada in a number of processes that are intended to define sustainable forest management. To give you a few examples, we have been involved in the drafting of Canada's Natural Forest Strategy, in the development of criteria indicators for sustainable forest management, and we have put forth proposals for certain models for the management of resources which involve indigenous peoples. An example is the issue of co-management of natural resources. Though not entirely unique to Canada co-management is one approach that we have been pushing in terms of involvement of indigenous peoples. Through this experience we have come to one conclusion: indigenous peoples have to be involved in the management of forest resources and that forest resources are vital to indigenous peoples. If we can recognize this, then we can get past the history which has seen the exclusion of indigenous peoples in resource management. This exclusion has been systematic; based on the needs of the dominant non-aboriginal societies, and their legal, economic and political development has resulted in barriers being erected to formalize the exclusion. The result of this has been, of course, environmental degradation and severe negative impact on indigenous communities. As nation states strive for economic growth to create greater wealth, there has been a direct impact on indigenous peoples which threatens our very survival.

In strategies for sustainable development in the Americas, specific and focused efforts are required to address the needs of indigenous peoples. We should be building, in terms of new strategies, on what has been achieved to date. Including:

UNCED Earth Summit: The provisions of the Biodiversity Convention and Chapter 26 of Agenda 21, which deals specifically with indigenous peoples, have to be brought more to the forefront and the provisions of the international Forest Principles dealing with indigenous peoples and sustainable forest management require commitment and immediate action.

Indigenous Rights: Indigenous rights should be married with efforts to achieve sustainable development. The ILO Convention 169, the draft declaration of the UN on the Rights of Indigenous Peoples and the work of the OAS Inter-American Commission on Human Rights on the Inter-American Declaration on the Rights of Indigenous Peoples have to be interwoven with efforts in sustainable development.

In this the "International Decade for Indigenous Peoples" efforts need to be excelerated. There should be a strong link forged between what is happening on the indigenous front and what is happening in sustainable forest management. The reason I suggest this is because Indigenous Rights are fundamentally about land and resources. We, as indigenous people, are due our proportionate share of the economic and social benefits of natural resources. The preservation of biodiversity as well, is essential for our future generations and our participation in natural resource management is integral to progress on sustainable development. International mechanisms and nation state instruments are required to ensure that equitable benefit sharing is accorded to indigenous peoples. In our work in sustainable forest management in Canada, we have come to the conclusion that development is not sustainable unless it satisfactorily addresses the rights of aboriginal peoples. I would like to suggest that "Sustainable Development in the Americas" adopt this as a fundamental principle. Thank you Mister Chairman.

Canadian Presentation: Institutions and Legal Framework
By Gary McMahon, FOCAL

First, I would like to thank the organizers for the invitation and the opportunity to participate in this forum as the representative for FOCAL, Canada.

I would like to begin my brief presentation on the reform of institutions and the legal framework with a quote from the Auditor General of the Republic of Colombia in his 1993 report on the situation with respect to natural resources and the environment.

"La presencia de una amplia gama de leyes no implica que se cumplan integramente ni que surtan efectos. El desface entre la disposicion sustantiva y la efectividad de sus procedimentos y del aparato administrativo encargado de su cumplimiento, con frecuencia son grandes; las causas hay que encontrarlas en conflictos legales y fallas institucionales de variada indole y complejidad."

Translated, this reads:

"The presence of a wide variety of laws does not imply that they are satisfactorily adhered to nor that they have had any effects. The lack of relation between the substantive provisions and the effectiveness of the procedures and the administrative apparatus in charge of their compliance are frequently very large; one can find reasons for this in legal conflicts and institutional failures of various types and complexity." (Contraloria General de la Republica)

I would like to make two points connected to this quotation and then one other smaller point:

First, all the environmental laws and good intentions in the hemisphere will not make much difference if the institutions to administer, monitor and enforce them are not in place or effective. To illustrate this point, it is useful to look at the experience of fiscal reform in the hemisphere in the last 10 years.

Almost every country has been simplifying their tax systems despite the theoretical superiority of complex tax systems. The most important reason for this development is quite simple. The complex systems were administratively impossible to run and led to widespread evasion and fraud. The administrative challenge is even greater for environmental laws and regulations. The lesson is to keep things simple and do not let the legal and regulatory system run ahead of institutional development. Particular effort will have to be made for small and medium enterprises where pollution problems are often the worst and administrative challenges are almost always the most difficult.

Second, the use of the legal system as a substitute to monitoring of pollution levels is likely to become more and more important. Therefore, the laws should be made as clear as possible and citizens should have full rights to use litigation against polluters, including the right to launch class action suits.

Finally, an incidental point. In the draft Summit document there is a call for better and increased valuation of natural resources and ecosystems as well as health impacts of pollution. A cautionary note is in order. Whether you use surveys (contingent valuation) or behavioral studies, analysis of low income groups will underestimate these values due to the liquidity constraints that these groups face. That is, people living close to the subsistence level are unable to spend much money on recreation or health or borrow against future earnings, so when asked how much they spend or are willing to spend on these items will naturally give very low answers.

Thank you.



Canadian Presentation: Changing Institutions and Legal Framework
By Roger Augustine, Centre for Indigenous Environmental Resources

Thank you Mister Chairman.

I learned something new today as a First Nations Chief of sixteen years of the MicMac Tribe. I've had some difficulties being second speaker at a conference. I am number 63 and very proud of it. I want to thank the people that made it possible for me to be here today. I also want to let you know that this is a very proud moment for me. I hope someday though that I will be able to stand here as an officially recognized representative of the Nation of indigenous people and not have to rely on another organization to pave the way for me to be here. The indigenous people of Canada are soon to be known as nations of people and will be able to walk here with a lot of pride as indigenous representatives and leaders of Canada.

We need to sit down as indigenous leaders with our government and resolve this. In order for us to be properly represented, in order for us to be able to present our views and talk about our values, our vision and about respect, it has to be done by our own people. That day is here, and it is a beginning of something very positive and something great. The time is here for us to be more prepared for the future, for us to be proud and to say that what we are leaving our children is something great and something we can be proud of . The unfortunate thing about this is that indigenous people's time has arrived a little bit too soon. We don't have the resources and we need more time to prepare ourselves and to make sure that the rights of our people are protected. Everyday we seem to come closer to resolving the land claim issues of our people in Canada. We think some consideration should be given to independent commissions to deal with land claims alone.

One of the things that was said here today that inspired me is that when we talk about vision, we're talking about respect and we talk about leaving our country a better place for our people. Those words inspired me. I've watched my community grow for sixteen years as their Chief. I've watched it and given it hope and strength by reassuring people that better days are coming:

  • that someday our land, our rights will be protected,
  • that the government will recognize the treaties and the basic fundamental rights of our people and protect them, and
  • that jointly with our people and the government, we resolve those things jointly and do it soon.

We are a proud nation of people. We have done a lot. We are a model. Today we listen to words like free trade. We listen to other words on how we can sustain our resources. Indigenous people have been doing that for years. We have survived, we are a model, we are not here to ask, to beg and to plead. We are here to offer assistance to you, and to offer our support, and to continue doing so, until the time comes that we have shown respect to each other.

There have been some recommendations made by our Chairman Grand Chief, Phil Fontaine at the Rio Conference which I support. And at this summit, or any other summit we want to be the ones, as indigenous people, to represent ourselves.

Those are my brief statements Mister Chairman, again, thank you very much.