Canada and Agenda
21Canada and Agenda
21
CHAPTER 17
Protection of the Oceans, All Kinds of Seas, Including Enclosed and Semi-Enclosed Seas, and Coastal Areas and the Protection, Rational Use and Development of Their Living Resources
-- Judith Swan --
Judith Swan, Executive Director of the Oceans Institute of Canada (OIC), with the assistance of Dr. Robert Huebert. The views expressed in this chapter are those of the author alone and do not necessarily represent the views of the OIC or the Projet de Société.
THE NATURE OF THE PROBLEM
The marine environment - including the oceans, seas, and adjacent coastal areas - forms an integrated whole that is an essential component of the global life support system, and a positive asset presenting opportunities for sustainable development.
The coastal area contains resources and habitats important for human settlements, development, indigenous peoples and local subsistence. More than half the world's population lives within 60 km of a shoreline, and this proportion could rise to three quarters by the year 2020.
The exclusive economic zone (EEZ) is of vital importance. It allows States to manage and develop resources for their people. However, current approaches to the management of coastal and marine resources have generally not been consistent with sustainable development; coastal resources and the coastal environment are being rapidly degraded and eroded in many parts of the world.
Degradation of the marine environment results from a wide range of land and sea sources. Land-based sources contribute 70 per cent of marine pollution, yet there is no global scheme and few regional and national programs in place to address marine pollution from these sources.
Contaminants include sewage, nutrients, synthetic organic compounds, sediments, litter and plastics, metals, radionuclides, oil/hydrocarbons and polycyclic aromatic hydrocarbons. Activities on land contributing to marine pollution are human settlements, land use, construction of coastal infrastructure, agriculture, forestry, urban development, tourism and industry. Coastal erosion and siltation are of particular concern.
Sea-based degradation of the marine environment is caused by maritime transport and dumping at sea activities. Approximately 600,000 tons of oil enter the oceans each year, as a result of normal shipping operations, accidents and illegal discharges. Offshore oil and gas activities account for a very small proportion of marine pollution.
Over the last decade, fisheries on the high seas have considerably expanded and currently represent approximately five per cent of total world landings. However, management of high seas fisheries is inadequate in many areas and some resources are overutilized. There are problems of unregulated fishing, overcapitalization, excessive fleet size, vessel reflagging to escape controls, insufficiently selective gear, unreliable databases and lack of sufficient cooperation between States, particularly for highly migratory species and straddling stocks.
Fisheries under national jurisdiction face mounting problems, including local overfishing, unauthorized incursions by foreign fleets, ecosystem degradation, overcapitalization and excessive fleet sizes, undervaluation of catch, insufficiently selective gear, unreliable databases, increasing competition between artisinal and large-scale fishing and between fishing and other types of activities.
In addition, coral reefs and other marine/coastal habitats, such as mangroves and estuaries are under stress and threatened from a variety of sources, both human and natural.
The marine environment is vulnerable and sensitive to climate and atmospheric changes. Small increases in sea level have the potential of causing significant damage to small islands and low-lying coasts. Increased ultraviolet radiation from ozone depletion could affect the marine environment.
International law, as reflected in the provisions of the United Nations Convention on the Law of the Sea, sets forth rights and obligations of States and provides the international basis upon which to pursue the protection and sustainable development of the marine and coastal environment and its resources. This requires new approaches to marine and coastal area management and development at the national, subregional regional and global levels, approaches that are integrated, multisectoral, precautionary and anticipatory. National and international institutions with competence in marine issues need improved coordination and strengthened links.
PROGRAM AREAS AND OBJECTIVES
The chapter identifies seven major program areas, each with a number of objectives. These are briefly outlined below.
(1)Integrated management and sustainable development of coastal areas, including exclusive economic zones.
This includes providing for an integrated policy and decision-making process and providing access to relevant information and opportunities for consultation and participation in planning and decision-making.
(2) Marine environmental protection.
The general objective of this program is to prevent, reduce and control degradation of the marine environment so as to maintain and improve its life support and productive capacities.
(3) Sustainable use and conservation of marine living resources of the high seas.
Among other things, this program seeks to develop and increase the potential of marine living resources to meet human nutritional needs and social, economic and development goals.
(4)Sustainable use and conservation of marine living resources under national jurisdiction.
The general objective of this program is to obtain full social and economic benefits from sustainable utilization of marine living resources.
(5)Addressing critical uncertainties for the management of marine environment and climate change.
The general objective of this program is to improve the understanding of the marine environment and its role on global processes.
(6)Strengthening international, including regional, cooperation and coordination.
The general objective of this program is to promote institutional arrangements which support the implementation of program areas in Chapter 17.
(7) Sustainable development of small islands.
This final program area has as its objective, addressing the problems of sustainable development in small island developing States.
CANADIAN POSITIONS AT RIO
1.Official Canadian Position
Canadian objectives at UNCED included:
promoting a global strategy for the prevention, reduction and control of land based sources of marine pollution;
promoting a comprehensive approach to coastal zone management without compromising national sovereignty over living marine resources;
incorporating the results of the December 1991 Meeting of Experts on the Degradation of the Marine Environment from Land-Based Sources of Pollution (LBSMP) and Activities in Coastal Areas and the Montreal Guidelines directed at a global strategy for the prevention, reduction and control of degradation of the marine environment from land-based activities;
ensuring an institutional framework within the UN system for regular consideration of oceans issues;
establishing a mechanism to continue work on Agenda 21, which could include a global oceans conference;
promoting wider ratification, implementation and participation in the LC and MARPOL conventions;
supporting the consideration of an International Convention on Offshore Oil and Gas Activities;
promoting the better integration of data and information systems designed to monitor the marine environment, and provide support for country reporting on Marine Environmental Quality (MEQ);
ensuring the incorporation of Canadian values such as the role of NGOs, women and indigenous peoples in decision-making;
expressing concern about high seas overfishing of stocks that straddle the Canadian 200 mile limit. In addition, incorporate as many of the elements (principles and measures related to high seas fisheries) as possible of L-16 (the Santiago Group Paper) and seek an intergovernmental conference on high seas fishing problems to be convened after Rio.
These objectives were achieved and are reflected in this assessment. However, Canada (and others) would have preferred stronger commitments, particularly on LBSMP. There was consensus among nations that a need exists to revisit the 1985 Montreal Guidelines on LBSMP with a view to preparing a global strategy or instrument. The possibility of a binding convention on LBSMP remains an open question.
Key to Canadian interests in addressing the straddling stocks issue was the agreement in Agenda 21 to convene an intergovernmental conference under UN auspices to promote effective implementation of conservation targets of straddling and highly migratory fish stocks on the high seas. Canada was a prime mover behind this initiative. It was, in fact, Canada's objective to place the marine environment on a par with the atmosphere and forests as a priority issue requiring global political attention.
2.Non-Governmental Organizations
Canadian NGOs called on the Delegation to: ratify the UN Convention on the Law of the Sea; develop action plans to restrict land-based sources of marine pollution; commit to negotiate a high seas protocol to govern protection of straddling stocks; ban the dumping of hazardous and low-level radioactive waste; ban the killing of marine mammals, except for subsistence purposes by Indigenous Peoples, and place greater emphasis on the control of existing land-based sources of pollution and the prevention of environmental problems caused by proposed activities and projects.
NGOs also agreed that the preamble to the Agenda 21 sections on protection of oceans and living resources does not reflect the critical importance of the oceans as a component of the global life support system. Section 4 needed to be strengthened to reflect the link between environment and development (livelihoods), the ocean and atmosphere (especially in the case of climate), freshwater and marine ecosystems (through the hydrological cycle), and finally land and sea (specifically land based sources of pollution).
NGOs urged high seas fishing nations to respect the UN Convention on the Law of the Sea and especially the special rights of coastal States over straddling stocks. They also recommended strengthening the Santiago Declaration especially respecting the recognition of the inherent rights of coastal communities to stocks, registering vessels and masters for enforcement purposes, and establishing a user-pay system of observers beyond 200 miles in areas where straddling stocks occur.
NGOs proposed a new institution to coordinate intergovernmental and interagency initiatives on coastal zone management, and to undertake information dissemination and management, LOS follow-up. Such an institution would not parallel IMO, IOC, FAO and UNEP but effectively coordinate activities.
3.Business and Industry
The position of Canadian business at UNCED on Chapter 17 was consistent with the official Canadian position.
4.Indigenous Peoples
Indigenous Peoples recommended that support be provided for establishing Indigenous NGOs, Indigenous knowledge institutions and financial institutions to support sustainable development of marine life. Indigenous Peoples possess invaluable indigenous knowledge regarding marine like and the behaviour of the sea environment. Indigenous rights must be recognized to protect their lands, culture and language which inevitably will preserve their sustainable economic and environment regimes and their sustainable cultures.
COMMITMENTS MADE BY CANADIANS
1.Legally-Binding Documents
None.
2.Political Pronouncements
In his address on June 12 1992 at UNCED, then Prime Minister Brian Mulroney announced Canadian support for strengthening international environmental law to prevent overfishing in the high seas. He invited like-minded nations to convene in St. John's Newfoundland in late 1992 to begin the process of establishing such an agreement.
3.Alternative NGO Treaties and Kari-Oca
NGO Treaties
At the same time as UNCED, two major international events were also held at Rio. One was the International Non-Governmental Organization Forum (Global Forum). At the Global Forum, 3,100 NGOs discussed a number of matters related to environment and development and produced a parallel set of documents: an NGO Earth Charter and 38 Alternative NGO Treaties. Canadian NGOs played a sginificant role in ddeveloing the Treaties and took a lead in coordinating their dissemination. Of these treaties, seven focused on marine related issues - six on protecting the oceans and one on fisheries. These treaties are listed as follows:
Pollution of the Marine Environment
The NGOs at the Global Forum agreed with the UN Convention of the Law of the Sea that all states have an obligation to prevent, combat and control marine pollution. NGOs should be allowed to participate in relevant international tribunals to help victims of marine pollution and assist in creating a new convention protecting people from trans-boundary pollution. The NGOs affirmed that the Precautionary and Polluter Pays principles should apply. They agreed to assist UNEP to study the accumulation of toxins in marine species and their habitats and encourage governments and international agencies to monitor waters for toxic substances. Developing global lists of persistent toxins could then lead to a treaty banning their discharge into the marine environment.
To combat vessel pollution, NGOs will urge government to ratify existing international conventions and help develop international regulations. Other measures include: initiating an education and information campaign for seafarers to promote responsible management of wastes on board; introducing a "polluters register" for vessels which illegally discharge wastes; opposing offshore oil and gas drilling wherever it poses a serious risk to the local marine ecosystem. Finally, to combat atmospheric pollution, NGOs encouraged the studies on the impact of airborne pollution on the oceans and urge scientific institutions to develop models better explaining and publicizing this process.
Minimizing Physical Alteration of the Marine Environment
NGOs in Rio agreed to work for the minimizing of logging of mangroves, draining, dredging, filling and seawall construction in relatively undisturbed marine ecosystems. Activities that divert the flow of fresh water from rivers should ensure that adequate flow into the ocean to minimize side effects is maintained. NGOs can encourage international organizations to cooperate in gathering information on activities that alter marine ecosystems and develop methods of assessing the cumulative effects of physical changes in different ecosystems. Targeted activities would include: convening an international forum to ban fishing techniques that destroy the sea bottom; calling for an end to the harvesting of coral reef species, unless these can be proven to be done in an ecologically sustainable manner; and urging governments to pass laws on the construction of nuclear reactors in coastal zones, in order to eliminate the problem of thermal pollution.
Protecting the Sea from Global Atmospheric Change
This Treaty calls for an international fund, financed proportionally to the greenhouse gas emission each nation produces, that will finance projects and provide assistance to poor and less developed nations affected by sea level rise. NGOs should also urge nations to phase out the use of ozone depleting chemicals even more quickly than the existing international accord (the Montreal Protocol) calls for. The treaty also proposes measures in line with those of the treaty on international climate change.
Marine Biodiversity Treaty
NGOs urge their governments and the UN to convene meetings and sign existing international agreements that recommend preventative procedures to prevent introduction of species into new waters. NGOs also urge the UN, their governments and international funding agencies, such as the World Bank, to avoid fishing practices that are non-sustainable -- such as seabed trawling. Instead, government programs for sustainable management of marine resources should be developed.
Marine Protected Areas
Projects which are not ecologically sustainable result in the displacement of native populations dependent on marine ecosystems, creating poverty as well as loss of biodiversity. NGOs in Rio agree that marine protected areas must be set up to prevent this. Strict regulations, monitoring and the enforcement of policies are essential. Policies must include public awareness and empowering of native peoples.
NGOs should monitor projects supported by financial institutions to verify they are not damaging coastal ecosystems. They should persuade scientific research centres to direct their work towards the real environmental and human needs of each region. Projects for protection, preservation and education can be recommended by NGOs to their government. However, when establishing "marine parks" all coastal residents should be included in discussion, and governments should adopt the principles of "eco-tourism".
Resolution Concerning Guanabara Bay: Humankind's Heritage
While meeting in Rio, NGOs at the Global Forum could not ignore the severe environmental damage in Guanabara Bay: the whales have been destroyed, the Tupi-Guarany native people have been exterminated, the coastline has been deforested and people living along its margins have been impoverished. NGOs therefore resolved that Guanabara Bay and the surrounding environment be declared as Humankind's Heritage.
Fisheries Treaty
The Fisheries treaty recognized the importance of artisanal or subsistence fisheries as a source of food for local consumption, income and employment, as a means of promoting community stability and as a means of promoting resource conservation and environmental protection of marine, coastal and inland water areas.
Aside from addressing the eco-systemic problems of fishery resource depletion, the treaty made a very pointed and strong reference to basic human rights of fisherfolk and fishworkers, including the right of self-organization and to have areas demarcated for exclusive artisanal fishing activities.
Kari-Oca
The second alternative forum at Rio was the International Conference on Territory, Environment and Development (the Kari-Oca Conference). The Kari-Oca Conference was held immediately prior to UNCED by and for the world's indigenous peoples. More than 650 indigenous representatives participated in meetings and cultural events during the conference. They developed and adopted a 109-point Indigenous Peoples Earth Charter.
Within Kari-Oca, Indigenous Peoples defined territory to include air, land and sea. (Statement No. 34) Consequently, the large number of statements in Kari-Oca which refer to territory, specifically the territories of Indigenous Peoples, also refer to seas or oceans.
DEFICIENCIES, GAPS AND CONSTRAINTS WITHIN CHAPTER 17
Many of the critiques that may be made about Chapter 17 are common for Agenda 21 in general. For example, it calls for the transfer of relevant technology to assist in the preservation of the marine environment. However, it sidesteps the issue of the protection of intellectual property. The question remains as to how it is possible to transfer technology and protect intellectual property at the same time.
For example, following the grounding of the Exxon Valdez, there was considerable discussion concerning evolving technologies for the control of oil spills. One of the technologies currently being developed is the creation of bacteria that feeds on oil. Progress is being made in this field through genetic manipulation. Yet, the bio-technology industry is sensitive about protecting its research. It is unlikely that any of these companies will freely surrender their developments. A system is required that will address the concerns of those who develop the technology with the means of sharing it in the international system.
A second general problem with the Chapter is its omission of any connection to the UN Secretary General's Agenda for Peace. As with any organization, there is a tendency in the UN to compartmentalize its activities. The UNCED process was perceived to be concerned with only environmental and developmental issues, while the Agenda for Peace is viewed as UN policy towards peacekeeping and peacemaking. Yet the connection between conflict and environment and development was made explicit during the Gulf War. The massive oil spills that occurred because of deliberate and accidental bombing of offshore regions continues to plague the region. While not as problematic as land based mines, the existence of unlocated sea mines is a serious issue. The sinking of an oil tanker remains a distinct possibility. Ways and means need to be developed for protecting the marine environment during conflict. While some combatants may not comply with international law during a conflict, it is possible that rules of conduct could be developed and implemented when UN-sanctioned action is being undertaken.
Related to this problem is the lack of enforcement capability in Chapter 17. This is a lost opportunity. With the end of the Cold War, many navies, Canada's included, are searching for new roles. If Chapter 17 had discussed the employment of UN-sponsored forces for monitoring and enforcing marine protection, many countries may have responded favourably. There is precedent for joint, UN naval operations for peacekeeping missions in Central America and Cambodia. Thus, a role for marine environmental protection would also seem possible.
A fourth omission of Chapter 17 is the lack of any form of a dispute mechanism. It is likely that efforts to develop policies to conserve the marine resources of the high seas will lead to international disagreement. If Agenda 21 had copied the Law of the Sea of the Convention (albeit with a somewhat less complicated version of Chapter XIV), it may have been possible to speed up the resolution of conflicts that are bound to develop as states move to implement Chapter 17.
A fifth problem concerns the divisions of the seven main areas within Chapter 17. For example, it is difficult to separate the requirement for better sustainable management of coastal regions from marine environmental protection. The delineation between Coastal Zone Management and land based sources of pollution is unclear. As a result of these divisions, it may prove difficult for states to monitor their efforts at abiding by Chapter 17. However, it is not immediately obvious how a better organization of the chapter could have been made.
A sixth omission in this chapter is that it contains no reference to polar regions.
COMPARISON BETWEEN CURRENT CANADIAN GOVERNMENT POLICY AND COMMITMENTS MADE
When evaluating Canadian efforts to follow through on the commitments made at Rio, it is necessary to consider current problems that are caused by the structure of the Canadian government. Bureaucratic divisions within government, as well as the division of the levels of government, have hindered some efforts to implement Agenda 21, including Chapter 17. For example, efforts to develop coastal zone management schemes have proceeded smoothly in areas where there is cooperation between federal and provincial representatives. It is difficult to imagine the government of Quebec willingly surrendering any powers to the federal government, despite the fact that a unified CZM policy could result and succeed.
Aside from the differences between different levels of government, there is a problem within government. The seven main program areas of Chapter 17 cover a wide range of activities conducted by the federal government. For example, CZM policies in Canada involve over 15 federal departments and agencies alone. Such a wide range of bureaucratic interests will cause two general problems: bureaucratic infighting and confusion over mandates.
There is some uncertainty regarding the directions of the new government. Specifically, Canada's position on the ratification of the Law of the Sea Convention is unclear. The Convention itself has just received its 60th ratification and will come into force one year from now. Officials in the Department of Fisheries and Oceans are also waiting to see if changes will be made to the Ocean Act. The previous government appeared ready to include important elements pertaining to CZM in the act. However, it is unclear as to whether they will remain or change.
There is also concern that the new government may unilaterally extend control over the cod stocks in the Nose and Tail of the Grand Banks. During the election campaign, Prime Minister Jean Chr‚tien stated that he would consider such a move if international negotiations failed to address the problem of foreign overfishing. There would be serious ramifications for Chapter 17 if the Canadian government did so. It would seem unlikely that international efforts to develop policies for the conservation and the sustainable development of living marine resources of the high seas would continue to be of importance to Canadian officials.
Specific Canadian Actions:
Upon examining specific Canadian commitments to implementing Agenda 21, Chapter 17, it is possible to identify several key policy areas. Generally, these policy areas concern more than one of the seven program areas continued within this chapter. The policy areas are:
Coastal Zone Management
Research into Climate Change
Preparation for the 1995 UNEP Conference on Land Based Sources of Marine Pollution (LBSMP)
Development of Policies for the development of the conservation and sustainable use of marine living resources
Implementation of the Arctic Environmental Protection Strategy
Support for the Planning and Implementation of the Global Ocean Observation System
Coastal Zone Management (CZM):
Canadian efforts include i) integrating the management and sustainable development of coastal regions; ii) protecting the marine environment of coastal regions; iii) promoting the sustainable use and conservation of marine living resources under national jurisdiction; and iv) strengthening international and regional cooperation and coordination through the development of CZM policies.
Chapter 17 has focused the attention of Canadian officials on the need to improve and develop its CZM policies. Such efforts actually began to develop approximately three years ago with the federal government's "Green Plan". These initiatives have been reinforced by Chapter 17, and their development will, in the long term, define Canadian success or failure in regard to the sections on CZM.
The federal Interdepartmental Committee on Oceans (ICO) is directing the development of a national strategy for CZM in Canada. Previously, disputes between federal and provincial had hindered efforts to develop such a strategy. However, in September 1993, the Canadian Council of Ministers of the Environment (CCME), through one of its planning committees, adopted the CZM as a key priority in its strategic plan. A recommendation is going forward to develop a cooperative federal-provincial framework for integrated environmental decision-making in the coastal zone.
The Department of Fisheries and Oceans is currently developing a new Ocean Act which is rumoured to include elements of CZM. However, with the recent change of government, officials within the department are unable to provide either specific details on its composition or a date when it will be introduced to Parliament.
The Canadian Environmental Protection Act is currently undergoing a five year review. The review is considering the drafting of new CZM legislation in order to integrate the process. It is much too soon to predict the outcome of this initiative.
Several cooperative initiatives are presently being undertaken by the provinces to develop area- specific CZM. On the west coast, the Fraser River Action Plan was initiated in 1991. This $100 million program was further broadened in May 1992, when the federal, provincial and local levels of government moved to create a management board which included public participation.
Other regional initiatives include: The Canadian Arctic Environmental Strategy (CAES), 1991; the Canada-US Great Lakes Water Quality Agreement, 1978 (updated 1987); the St. Lawrence River Action Plan, 1988 ($110 million federal and $63 million Quebec); and the Atlantic Coastal Action Program, 1991 ($10 million). These programs currently represent the main focus of Canadian CZM plans, and are, therefore, relevant to Chapter 17.
Regional efforts have also been undertaken to improve CZM in association with the United States. As previously mentioned, Canada and the US share responsibility for the protection of the Great Lakes environment. There is also a 1989 agreement between the five provinces and states bordering the Bay of Fundy/Gulf of Maine for the cooperative management of that region.
On the international level, Canada is committed to reporting on the progress that it has made in its CZM policies. It reported to the UNCED follow-up World Coast Conference in the Hague in November, 1992 and will report to the OECD in 1994.
While considerable progress has been made in the development of Canadian CZM policies, key difficulties still exist. All of the initiatives to better integrate and coordinate the Canadian decision-making process are still in the planning stage. It is uncertain whether the efforts being undertaken through either the Ocean Act or the review of CEPA will allow for a more integrated process.
Since 1977, municipal governments have increasingly found federal support for infrastructure development to be decreasing. At the same time, demands on them have increased. Often, the result is the unwillingness or inability of cities or towns to undertake action in support of CZM policies. For example, in the Halifax region, debate over the treatment of sewage has been ongoing. While the control of effluence from a city is of direct relevance to Chapter 17, the debate has been almost entirely framed in the context of cost rather than sustainable development. The Liberal government's election program promised new support for municipal infrastructure which could be used for sewage treatment. As yet no policies have been announced.
The Marine Environment and Climate Change:
Canada has signed and ratified the framework Convention on Climate Change. This commits Canada to action as follows: reduce emissions; provide assistance to others to do so; report on what is being done; cooperate in scientific, technical and socio-economic research; and increase levels of education on climate change.
Canadian efforts to follow through on these commitments has emphasized scientific research. For example, the Department of Natural Resources, through the Geological Survey of Canada, has just completed a study assessing the impact of a global rise in the sea level caused by global warming on Canadian coasts. There is a general belief that a lack of knowledge on this issue currently prevents policy makers from making well informed decisions, particularly in regards to emissions control.
Land Based Sources of Marine Pollution (LBSMP):
Chapter 17 is one of the first international agreements to address the issue of land-based sources of marine pollution. Canadian officials are revisiting the 1985 Montreal Guidelines for a meeting of experts in Montreal in 1994. This is in preparation for a 1995 intergovernmental UNEP meeting in Washington, DC that is to consider the issue.
Promotion of the Sustainable Use and Conservation of Marine Living Resources of the High Seas:
It is still too soon to determine the end result of Canada's diplomatic efforts to address the problem of foreign overfishing of cod stocks in the Nose and Tails of the Grand Banks. The issues of high sea fisheries and straddling stocks will be determined at the September 1994 September meeting of the General Assembly (2nd Committee).
Canada has served as an important actor in bringing the issue of high sea fisheries to the international fora. This campaign was initiated in 1989 following the announcement by federal government scientists that cod stocks were declining. In September 1990, Canada hosted a gathering of experts in St. John's, Newfoundland to consider the issue.
As preparation for UNCED began, Canada and other like minded states were opposed by the Europeans in their efforts to include the issue of straddling stocks on the agenda. When the Earth Summit began, no consensus had been reached. However, Singapore and the United States acted as intermediaries between Canada and the Europeans states and an agreement was reached. Both agreed that "States should convene an intergovernmental conference under UN auspices with a view to promoting effective implementation of the provisions of the Law of the Sea on straddling and highly migratory fish stocks."
The UN General Assembly resolution 47/192, 22 December 1992, then established the Conference on straddling Stocks and Highly Migratory Stocks to be held in July 1993. Prior to this conference, Canada continued its campaign for international support. In January 1993, it hosted another meeting of like-minded states in St. John's. At this conference, Canada, with the support of other states, such as Australia, developed proposals to give coastal states limited rights of enforcement over foreign fleets fishing off their coasts but beyond the limits of their EEZ.
Some progress was made at the July conference. Efforts were made to reach an agreement that would allow coastal states some enforcements rights, and to create dispute settlement mechanisms to address conflict. However, no agreement was reached at the end of the conference, except to continue the negotiations at the UN General Assembly in September 1994. A review of the UN documents for the July 1993 conference seems to suggest that Canada's position is stronger than the Europeans.
Implementation of the Arctic Environmental Protection Strategy:
Chapter 17 did not specifically address issues affecting the Polar regions. Nevertheless, it is worthwhile to mention a regional initiative that involves Canada and the seven other circumpolar nations. Known also as the Rovaniemi or Finnish Initiative, the eight circumpolar nations meet in September 1989 to discuss cooperative measures to protect the Arctic environment. These discussion resulted in the adoption of the Arctic Environmental Protection Strategy (AEPS). While it is currently non-binding, it is hoped hat its cited objectives and principles will lead to binding norms in time. Of specific relevance to the protection of the marine environment was the identification of the main problem areas facing the Arctic. These included: 1) persistent organic contaminants; 2) oil pollution; 3) heavy metals; 4) noise; 5) radioactivity; and 6) acidification. All of these effect both the marine and land environment in the Arctic. Canada is currently developing its response to the Finnish initiative.
In 1991 the Department of Indian Affairs and Norther Development released the Arctic Environmental Strategy (AES). Its goal was "to preserve the integrity, health, biodiversity and productivity of our Arctic eco-systems for the benefit of present and future generations." The AES lists the main environmental challenges facing the Arctic and then identifies an objective and work plan.
Support for the Planning and Implementation of the Global Ocean Observation System:
Canada is also currently examining options for its participation in the Global Ocean Observation System.
CANADIAN ACTIVITIES EVOLVING THROUGH THE SUSTAINABILITY PROCESS
The Canadian International Development Agency (CIDA) is involved in several notable programs related to Oceans and Coastal Zones Management. Since 1990, CIDA's Canada-ASEAN Co-operation Program on Marine Science has aimed to upgrade ASEAN Marine Science capability through co-operative endeavours of the region's countries and Canada. Also since 1990, CIDA's Canada-South Pacific Ocean Development program has been involved in institution building for six regional organizations to enhance marine resource development and protection through strengthened economic and technical co-operation in the region.
Since 1991, CIDA's Asian Pacific Ocean Co-operation project has acted to strengthen formal and informal negotiation networks and support for regional co-operation in marine-related development including both management of fisheries, resources, education, and training; and conflict resolution of ocean resource disputes.
CIDA also runs the CARICOM Fisheries Resources Assessment and Management Project (CFRAMP). The project is an ongoing venture aimed at improving the information available for fisheries management in the Caribbean Community and Common Market (CARICOM) and to strengthening fisheries management institutions at national and regional levels.
Chapter 17 has been identified as a priority action area by the UNCED Follow-up Task Group of the Canadian Council for Ministers of the Environment (CCME). The CCME is currently monitoring the issue of overfishing of straddling stocks. In addition, the CCME is also working on identifying impediments to implementing Chapter 17 and a report is currently being prepared on the strategic opportunities for CCME in the area of shoreline or coastal zone management.
In association with Save our North Atlantic Resources (SONAR), the Fisheries Council of Canada is currently an active participant in the UN Conference on High Seas Straddling and Highly Migratory Stocks.
McMaster University is currently involved with various activities directly related to the concerns and issues discussed in Chapter 17.
The Centre for Earth and Ocean Research at the University of Victoria has established a Climate Modelling Centre whose mandate and actions correspond and further the objectives of Chapter 17.
Protection and reservation of the marine environment, the overall objective of Chapter 17, has become an area of increasing importance for the National Round Table on the Environment and the Economy (NRTEE). The Education Task Force has prepared a study on how the media reports on sustainable development using the cod fishery crisis as a case study. In addition the NRTEE July 1993 Plenary which was held in St. John's, Newfoundland focused on the current fishing crisis.
OTHER RELEVANT INTERNATIONAL SUSTAINABILITY-RELATED FORA
Group of Seven Summit - Tokyo July 1993
At the July meeting of the Group of Seven industrialized nations, Former Prime Minister Kim Campbell stressed the overfishing issue.
Basel Convention on the Transboundary Movement of Hazardous Wastes
This Convention is designed to control and reduce exports, imports and transits of hazardous wastes.
Convention on Biological Diversity
The Biodiversity Convention was adopted on June 5, 1992, Canada signed it on June 11, 1992 and it was ratified December 4, 1992.
Framework Convention on Climate Change (1992)
This framework was adopted May 9, 1992. Canada signed it in June 1992 and ratified it on December 4, 1992. It calls for the management of oceans as sinks for greenhouse gases and the development of integrated plans for coastal zone management.
Proposed IMO Convention and Compensation of Damage Attributable to the Carriage of Hazardous and Noxious Substances (HNS) in Bulk by Sea (ongoing)
This convention is designed to fill the existing gaps regarding liability and compensation for the transport of hazardous and noxious substances. The IMO legal committee is still attempting to draft an HNS Convention but because of significant differences within it on some key issues, the conference probably will not occur before 1994 or 1995.
International Convention on Civil Liability for Oil Pollution Damage 1969 (CLC 69)
This IMO convention is designed to ensure that adequate compensation is available to persons who suffer oil pollution damage.
International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1971 (Fund 71)/International Oil Pollution Convention Fund Secretariat
This fund is designed to provide supplementary compensation to those who cannot obtain full compensation for oil pollution damage under CLC 69, and to indemnity the shipowner for a portion of his CLC 69 liability. Canada acceded to the Convention in 1989.
International Convention on Oil Pollution Preparedness Response and Cooperation 1990
This IMO convetntion facilitates international cooperation and assistance in preparing for and responding to a major oil pollution incident. It also encourages states to develop and maintain adequate capabilities to deal with oil pollution emergencies.
International Convention for the Prevention of Pollution from Ships 1973, As Modified by the Protocol of 1978 Relating Thereto (MARPOL 73/78)
This IMO convention is designed to eliminate operational pollution and to reduce the possibility of accidental pollution from ships.
United Nations Convention on the Law of the Sea (UNCLOS) 1982
Part XII of UNCLOS deals with the protection of the marine environment.
London Convention '72. IMO
This convention promotes the control of marine pollution and prevents marine pollution by dumping of wastes and other materials at sea. It encourages regional agreements supplementary to the Convention.
United Nations General Assembly 1994
The issue of High Seas Fishery and straddling stock will be examined at the 1994 UN General Assembly.
Intergovernment Conference on Land Based Sources of Marine Pollution (LBSMP) United States, November 1995
Global Conference on the Sustainable Development of Small Island Developing States
SUGGESTED READINGS AND INFORMATION SOURCES
I) General Information:
Bernstein, Johannah. CPCU Report on Canadian Government and NGO Participation at UNCED, (CPCU National Coordinator, 25 June 1992).
Bernstein, Johannah, Pamela Chasek and Langston James Goree VI. Earth Summit Bulletin: A Summary of the Proceedings of UNCED, (Island Press, 16 June 1992).
Chung, Christopher and Lawrence P. Hildebrand. A Multinational Assessment of CZM in OECD Countries, Coastal Zone '93, Proceedings, (New Orleans: 8th Symposium on Coastal and Ocean Management, July 19-23, 1993).
Government of Canada. Canada's Green Plan, (Ottawa: Environment Canada, 1990).
. Canada's Green Plan and the Earth Summit, (Ottawa: Environment Canada, 1992).
. Canada's National Report: United Nations Conference on Environment and Development Brazil, June 1992, (Ottawa: Environment Canada, 1991).
International Development Research Centre (IDRC). Agenda 21: Abstracts, Reviews, and Commentaries, (Theodora Carroll-Foster, editor), (Ottawa: IDRC, 1993).
Johnston, Douglas. Vulnerable Coastal and Marine Areas: A Framework for the Planning and Environment Security Zones in the Oceans, Ocean Development and International Law Vol. 24, no. 1, (January - March 1993).
Kari-Oca Declaration and Indigenous Peoples Earth Charter, report from the World Conference of Indigenous Peoples on Territory, Environment, and Development, 25-30 May 1992.
Keating, Michael. Agenda for Change: A Plain Language Version of Agenda 21 and the Other Rio Agreements, (Geneva: Centre for Our Common Future, 1993).
Kwiatkowska, Barbara. The High Seas Fisheries Regime: at a Point of No Return? The International Journal of Marine and Coastal Law Vol. 8, no. 3 (1993).
Land Based Sources of Pollution: Marine Issues for the Earth Summit, Marine Policy. Vol. 16 no. 1 (January 1992). (Theme issue)
The New York Declaration on High Seas Overfishing - Protecting the Commons, Proposed by NGOs and Government, 31 March 1992.
United Nations. Report for Preparatory committee for UNCED, A/45/45 17 October 1990, pp. 36-38.
. Report for Preparatory Committee for UNCED, A/46/48 Vol. 1, 1991, pp. 44-46.
. Report for Preparatory Committee for UNCED, A/46/48 Part III, 23 October 1991, pp. 44-46.
. The Law of the Sea - The Regime for High-Seas Fisheries: Status and Prospects, A/46/724, Summation of St. John's Conference, (New York: Division for Ocean Affairs and the Law of the Sea, 1992).
II)Canadian Policy:
Bankes, Nigel, Terry Fenge and Sarah Kalff. Toward Sustainable Development in Canada's Arctic: Policies and International Relations, Canada Among Nations 1993-94: Global Jeopardy, Edited by Fen Osler Hampson and Christopher J. Maule, (Ottawa: Carleton University Press, 1993).
Buxton, G.V. Sustainable Development and the Summit: A Canadian Perspective on Progress, International Journal, (47) 1992.
Cooper, Andrew Fenton and J. Stefan Fristz. Bringing the NGOs in: UNCED and Canada's International Environmental Policy, International Journal, (47) 1992.
Government of Canada. Canada: Country Description, World Coast Conference 1993: International Conference on Coastal Zone Management, (The Hague, 1-5 November 1993).
. Canada and The Earth Summit, UNCED (1) Autumn 1992.
Hildebrand, Larry. Canadian Advances in Coastal Zone Management, Paper for the Submerged Lands Management Conference, (St. Andrews By-the-Sea, New Brunswick: September 26-30, 1993).
Inuit Circumpolar Conference. ICC and the United Nations Conference on Environment and Development, Information North (18) 2 June 1992.
Runnalls, David. The Road from Rio, Canada Among Nations 1993-94: Global Jeopardy, Edited by Fen Osler Hampson and Christopher J. Maule. (Ottawa: Carleton University Press, 1993).
Shaw, J., R.B. Taylor, D.L. Forbes, M.H. Ruz and S. Solomon. Sensitivity of the Canadian Coast to Sea-Level Rise. Forthcoming Geological Survey of Canada Open File Report, (Dartmouth, Nova Scotia: Atlantic Geoscience Centre, 1993).
III)Official Canadian Statements/Documents:
Government of Canada. Canada Ratifies Basel Convention, New Release, no. 170, (Ottawa: Department of External Affairs and International Trade, 28 August 1992).
. Maurice Strong to Deliver Foreign Policy Lecture, New Release, no. 217, (Ottawa: Department of External Affairs and International Trade, 9 November 1992).
. McDougall and Crosbie welcome UN High Seas Conference Decision, News Release, no. 247, (Ottawa: Department of External Affairs and International Trade, 24 December 1992).
. Notes for an Address by the Honourable Barbara MacDougall, Secretary of State for External Affairs to the Preparatory Committee on UNCED, Statement 92/7, (Ottawa: Department of External Affairs and International Trade, (Ottawa: Department of External Affairs and International Trade, 21 February 1992).
. Notes for an Address by the Honourable Barbara MacDougall, Secretary of State for External Affairs at the Meeting of the UNEP to the Convention on Biological Diversity Panel of Experts, Statement (Ottawa: Department of External Affairs and International Trade, 18 March 1993).
. Notes for an Address by Prime Minister Brian Mulroney. Earth Summit, Rio de Janerio, (Office of the Prime Minister. 12 June 1992).
. United Nations Establishes Commission on Sustainable Development, News Release, no. 244, (Ottawa: Department of External Affairs and International Trade, 23 December 1992).
Oceans: Marine Environment and Living Marine Resources in Areas under National Jurisdiction, a Canadian position paper prepared for PrepCom IV.
Information Sources:
Canadian Council of Ministers of the Environment, 326 Broadway, Suite 400, Winnipeg, Manitoba, R3C 0S5, tel (204) 948-2090, fax (204) 948-2125.
Canadian International Development Agency, Place du Centre, 200 Promenade du Portage, Hull, Quebec, K1A 0G4, tel (819) 997-5456, fax (819) 953-5469.
Centre for Earth and Ocean Research, University of Victoria, P.O. Box 1700, Victoria, British Columbia, V8W 2Y2, tel (604) 721-8848, fax (604) 721-6200.
Department of Fisheries and Oceans, 200 Kent Street, Ottawa, Ontario, K1A 0E6, tel (613) 993-0999, fax (613) 990-1866.
Fisheries Council of Canada, 141 Laurier Ave. West, Suite 806, Ottawa, Ontario, K1P 5J3, tel (613) 238-7751, fax (613) 238-3542.
McMaster University, 1280 Main Street West, Hamilton, Ontario, tel (905) 525-9140, fax (905) 527-0100.
National Round Table on the Environment and the Economy, 1 Nicholas Street, Suite 1500, Ottawa, Ontario, K1N 7B7, tel (613) 992-7189, fax (613) 992-7385.
Oceans Institute of Canada, 1236 Henry Street, 5th Floor, Halifax, Nova Scotia, B3H 3J5, tel (902) 494-3879, fax (902) 494-1334.
United Nations Association of Canada - Halifax Branch, 1331 Brenton Street, Halifax, Nova Scotia, B3J 2K5, tel (902) 421-1720, fax (902) 422-5343.
Cite as: Projet de société: Canada and Agenda 21.Winnipeg: IISD, 1995. Online. Internet. http://iisd.ca/worldsd/canada/projet/c17.htm.
