AGENDA 21, CHAPTER 38



            INTERNATIONAL INSTITUTIONAL
                   ARRANGEMENTS



NOTE:    This is a final, advanced version of a chapter of
         Agenda 21, as adopted by the Plenary in Rio de
         Janeiro, on June 14, 1992.  This document will be
         further edited, translated into the official
         languages, and published by the United Nations for
         the General Assembly this autumn.


Basis for action

38.1.  The mandate of UNCED emanates from General Assembly
resolution 44/228 which, inter alia, affirmed that UNCED
should elaborate strategies and measures to halt and
reverse the effects of environmental degradation in the
context of increased national and international efforts to
promote sustainable and environmentally sound development
in all countries and that the promotion of economic growth
in developing countries is essential to address problems of
environmental degradation.  The intergovernmental follow-up
to the Conference process shall be within the framework of
the United Nations system, with the General Assembly being
the supreme policy-making forum that would provide overall
guidance to Governments, United Nations system and relevant
treaty bodies. At the same time, Governments, as well as
regional economic and technical cooperation organizations,
have a responsibility to play an important role in the
follow-up to UNCED .  Their commitments and actions should
be adequately supported by the United Nations system and
multilateral financial institutions.  Thus, national and
international efforts would mutually benefit from one
another.

38.2.  In fulfilling the mandate of the Conference, there
is a need for institutional arrangements within the United
Nations system in conformity with, and providing input to
the restructuring and revitalization of the United Nations
in the economic, social and related fields, and the overall
reform of the United Nations, including ongoing changes in
the Secretariat.  In the spirit of reform and
revitalization of the United Nations system, implementation
of Agenda 21 and other conclusions of UNCED shall be based
on an action- and result-oriented approach and consistent
with the principles of universality, democracy,
transparency, cost-effectiveness and accountability.

38.3.  The United Nations system, with its multisectoral
capacity and the extensive experience of a number of
specialized agencies in various spheres of international
cooperation in the field of environment and development, is
uniquely positioned to assist Governments establish more
effective patterns of economic and social development with
a view to achieving the objectives of Agenda 21 and
sustainable development.

38.4.  All agencies of the United Nations system have a key
role to play in the implementation of Agenda 21 within
their respective competence.  To ensure proper coordination
and avoid duplication in the implementation of Agenda 21,
there should be an effective division of labour between
various parts of the United Nations system based on their
terms of reference and comparative advantages.  Member
States, through relevant governing bodies, are in a
position to ensure that these tasks are carried out
properly.  In order to facilitate evaluation of agencies'
performance and promote knowledge of their activities, all
bodies of the United Nations system should be required to
elaborate and publish reports of their activities on the
implementation of Agenda 21 on a regular basis.  Serious
and continuous reviews of their policies, programmes,
budgets and activities will also be required.

38.5.  The continued active and effective participation of
non-governmental organizations, the scientific community
and the private sector as well as local groups and
communities are important in the implementation of Agenda
21.

38.6.  The institutional structure envisaged below will be
based on agreement on financial resources and mechanisms,
technology transfer, the Rio Declaration and Agenda 21.  In
addition, there has to be an effective link between
substantive action and financial support, and this requires
close and effective cooperation and exchange of information
between the United Nations system and the multilateral
financial institutions for the follow-up of Agenda 21
within the institutional arrangement.


Objectives

38.7.  The overall objective is the integration of
environment and development issues at national, sub-
regional, regional and international levels, including in
the United Nations system institutional arrangements.

38.8.  Specific objectives shall be:

       (a) to ensure and review the implementation of Agenda
21 so as to achieve sustainable development in all
countries;

       (b) to enhance the role and functioning of the United
Nations system in the field of environment and development.
All relevant agencies, organizations and programmes of the
United Nations system should adopt concrete programmes for
the implementation of Agenda 21 and also provide policy-
guidance for United Nations activities or advice to
Governments upon request, within their respective areas of
competence;

       (c) to strengthen cooperation and coordination on
environment and development in the United Nations system;

       (d) to encourage interaction and cooperation between
the United Nations system and other intergovernmental and
non-governmental sub-regional, regional and global
institutions and non-governmental organizations in the
field of environment and development;

       (e) to strengthen institutional capabilities and
arrangements required for the effective implementation,
follow-up and review of Agenda 21;

       (f) to assist in the strengthening and coordination of
national, sub-regional and regional capacities and actions
in the areas of environment and development;

       (g) to establish effective cooperation and exchange of
information between the United Nations organs,
organizations, programmes and the multilateral financial
bodies, within the institutional arrangements for the
follow-up of Agenda 21;

       (h) to respond to continuing and emerging issues
relating to environment and development;

       (i) to ensure that any new institutional arrangements
would support revitalization, clear division of
responsibilities and the avoidance of duplication in the
United Nations system and depend to the maximum extent
possible upon existing resources.


             INSTITUTIONAL STRUCTURE

                A.  General Assembly


38.9.  The General Assembly, as the highest level inter-
governmental mechanism, is the principal policy-making and
appraisal organ on matters relating to the follow-up of
UNCED. The General Assembly would organize a regular review
of the implementation of Agenda 21. In fulfilling this task
the General Assembly could consider the timing, format and
organizational aspects of such a review.  In particular,
the General Assembly could consider holding a special
session no later than 1997 for the purposes of overall
review and appraisal of Agenda 21, with adequate
preparations at a high level.


            B. Economic and Social Council


38.10. The Economic and Social Council, in the context of
its Charter role vis-a-vis the General Assembly and the
ongoing restructuring and revitalization of the United
Nations in the economic, social and related fields, would
assist the General Assembly through overseeing system-wide
coordination, overview on the implementation of Agenda 21
and making recommendations in this regard. In addition, the
Council would undertake the task of directing system-wide
coordination and integration of environmental and
developmental aspects in the United Nations' policies and
programmes and make appropriate recommendations to the
General Assembly, specialized agencies concerned and Member
States .  Appropriate steps should be taken to obtain
regular reports from specialized agencies on their plans
and programmes related to the implementation of Agenda 21,
pursuant to Article 64 of the Charter of the United
Nations.  The Economic and Social Council should organize
a periodic review of the work of the Commission on
Sustainable Development envisaged in paragraph 38.11, as
well as of system-wide activities to integrate environment
and development, making full use of its high-level and
coordination segments.


        C.  Commission on Sustainable Development


38.11.  In order to ensure the effective follow-up of the
Conference, as well as to enhance international cooperation
and rationalize the intergovernmental decision-making
capacity for the integration of environment and development
issues and to examine the progress of the implementation of
Agenda 21 at the national, regional and international
levels, a high-level Commission on Sustainable Development
should be established in accordance with Article 68 of the
Charter of the United Nations. This Commission would report
to the Economic and Social Council in the context of the
Council's role under the Charter vis-a-vis the General
Assembly. It would consist of representatives of States
elected as members with due regard to equitable
geographical distribution. Representatives of non-member
States of the Commission would have observer status. The
Commission should provide for active involvement of organs,
programmes and organizations of the United Nations system,
international financial institutions and other relevant
intergovernmental organizations, and encourage the
participation of non-governmental organizations, including
industry and the business and scientific communities. The
first meeting of the Commission should be convened no later
than 1993. The Commission  should be supported by the
secretariat envisaged in paragraph 38.19. Meanwhile the
Secretary-General of the United Nations is requested to
ensure adequate interim administrative secretariat
arrangements.

38.12.  The General Assembly, at its forty-seventh session,
should determine specific organizational modalities for the
work of this Commission, such as its membership, its
relationship with other intergovernmental United Nations
bodies dealing with matters related to environment and
development, and the frequency, duration and venue of its
meetings. These modalities should take into account the
ongoing process of revitalization and restructuring of the
work of the United Nations in the economic, social and
related fields, in particular measures recommended by the
General Assembly in resolutions 45/264 of 13 May 1991 and
46/235 of 13 April 1992 and other relevant Assembly
resolutions. In this respect, the Secretary-General of the
United Nations, with the assistance of the Secretary-
General of the United Nations Conference on Environment and
Development, is requested to prepare for the Assembly a
report with appropriate recommendations and proposals.

38.13.  The Commission on Sustainable Development should
have the following functions:

(a)    To monitor progress in the implementation of Agenda 21
and activities related to the integration of environmental
and developmental goals throughout the United Nations
system through analysis and evaluation of reports from all
relevant organs, organizations, programmes and institutions
of the United Nations system dealing with various issues of
environment and development, including those related to
finance;

(b)    To consider information provided by Governments,
including, for example, in the form of periodic
communications or national reports regarding the activities
they undertake to implement Agenda 21, the problems they
face, such as problems related to financial resources and
technology transfer, and other environment and development
issues they find relevant;

(c)    To review the progress in the implementation of the
commitments contained in Agenda 21, including those related
to provision of financial resources and transfer of
technology;

(d)    To receive and analyse relevant imput from competent
non-governmental organizations, including the scientific
and the private sector, in the context of the overall
implementation of Agenda 21;

(e)    To enhance the dialogue within the framework of the
United Nations with non-governmental organizations and the
independent sector as well as other entities outside the
United Nations system;


(f)    To consider, where appropriate, information regarding
the progress made in the implementation of environmental
conventions which could be made available by the relevant
Conferences of Parties;

(g)    To provide appropriate recommendations to the General
Assembly, through the Economic and Social Council, on the
basis of an integrated consideration of the reports and
issues related to the implementation of Agenda 21; and

(h)    To consider, at an appropriate time, the results of
the survey to be conducted expeditiously by the United
Nations Secretary-General of all UNCED recommendations for
capacity-building programmes, information networks, task
forces and other mechanisms to support the integration of
environment and development at regional and sub-regional
levels.

38.14.   Within the intergovernmental framework,
consideration should be given to allow non-governmental
organizations including those related to major groups,
particularly women's groups, committed to the
implementation of Agenda 21 to have relevant information
available to them including information, reports and other
data produced within the United Nations system.


               D. The Secretary-General

38.15. Strong and effective leadership on the part of the
Secretary-General is crucial, since he/she would be the
focal point of the institutional arrangements within the
United Nations system for the successful follow-up to the
Conference and for the implementation of Agenda 21.


       E. High-level interagency coordination mechanism


38.16.  Agenda 21, as the basis for action by the
international community to integrate environment and
development, should provide the principal framework for
coordination of relevant activities within the United
Nations system. To ensure effective monitoring,
coordination and supervision of the involvement of the
United Nations system in the follow-up to the Conference,
there is a need for a coordination mechanism under the
direct leadership of the Secretary-General.

38.17.  This task should be given to the Administrative
Committee on Coordination (ACC) headed by the Secretary-
General.  ACC would thus provide a vital link and interface
between the multilateral financial institutions and other
United Nations bodies at the highest administrative level.
The Secretary-General should continue to revitalize the
functioning of the Committee.  All heads of agencies and
institutions of the United Nations system shall be expected
to cooperate with the Secretary-General fully in order to
make ACC work effectively in fulfilling its crucial role
and ensure successful implementation of Agenda 21.  The ACC
should consider establishing a special task force,
subcommittee or sustainable development board, taking into
account the experience of the Designated Officials on
Environmental Matters (DOEM) and the Committee of
International Development Institutions on the Environment
(CIDIE) as well as the respective roles of the UNEP and
UNDP.  Its report should be submitted to the relevant
intergovernmental bodies.


             F. High-level advisory body


38.18.  Intergovernmental bodies, the Secretary-General and
the United Nations system as a whole may also benefit from
the expertise of a high-level advisory board consisting of
eminent persons knowledgeable about environment and
development, including relevant sciences, appointed by the
Secretary-General in their personal capacity.  In this
regard, the Secretary-General should make appropriate
recommendations to the 47th session of the General
Assembly.


           G. Secretariat support structure


38.19.  A highly qualified and competent secretariat
support structure within the United Nations Secretariat,
drawing, inter alia, on the expertise gained in the UNCED
preparatory process is essential for the follow-up to the
Conference and the implementation of Agenda 21.  This
secretariat support structure should provide support to the
work of both intergovernmental and interagency coordination
mechanisms.  Concrete organizational decisions fall within
the competence of the Secretary-General as the chief
administrative officer of the Organization, who is
requested to report on the provisions to be made, covering
staffing implications, as soon as practicable, taking into
account gender balance as defined in Article 8 of the
United Nations Charter, and the need for the optimum use of
existing resources in the context of current and ongoing
restructuring of the United Nations Secretariat.


  H. Organs, programmes, organizations of
      the United Nations system

38.20. In the follow-up to the Conference, in particular
implementation of Agenda 21, all relevant organs,
programmes and organizations of the United Nations system
will have an important role within their respective areas
of expertise and mandates in supporting and supplementing
national efforts.  Coordination and mutual complementarity
of their efforts to promote integration of environment and
development can be enhanced through countries encouraging
to maintain consistent positions in the various governing
bodies.


           1.  United Nations Environment Programme


38.21. In the follow-up to the Conference, there will be a
need for an enhanced and strengthened role of UNEP and its
Governing Council.  The Governing Council should within its
mandate continue to play its role with regard to policy
guidance and coordination in the field of the environment,
taking into account the development perspective.

38.22.  Priority areas on which UNEP should concentrate
include the following:

       (a)      strengthening its catalytic role in stimulating
and promoting environmental activities and considerations
throughout the United Nations system;

       (b)     promoting international cooperation in the field
of environment and recommending, as appropriate, policies
to this end;

       (c)     developing and promoting the use of techniques
such as natural resource accounting and environmental
economics;

       (d)      environmental monitoring and assessment, both
through improved participation by the United Nations system
agencies in the Earthwatch programme and expanded relations
with private scientific and non-governmental research
institutes; strengthening and making operational its early
warning function;

       (e)     coordination and promotion of relevant scientific
research with a view to providing a consolidated basis for
decision-making;

       (f)     dissemination of environmental information and
data to Governments and to organs, programmes and
organizations of the United Nations system;

       (g)     raising general awareness and action in the area
of environmental protection through collaboration with the
general public, non-governmental entities and
intergovernmental institutions;

       (h)      further development of international
environmental law, in particular conventions and
guidelines, promotion of its implementation, and
coordinating functions arising from an increasing number of
international legal agreements, inter alia, the functioning
of the secretariats of the Conventions, taking into account
the need for the most efficient use of resources, including
possible co-location of secretariats established in the
future;

       (i)     further development and promotion of the widest
possible use of environmental impact assessments, including
activities carried out under the auspices of United Nations
specialized agencies, and in connection with every
significant economic development project or activity;

       (j)     facilitation of information exchange on
environmentally sound technologies, including legal
aspects, and provision of training;

       (k)     promotion of sub-regional and regional
cooperation and support to relevant initiatives and
programmes for environmental protection including playing
a major contributing and coordinating role in the regional
mechanisms in the field of environment identified for the
follow-up to UNCED;

       (l)     providing technical, legal and institutional
advice to Governments, upon request in establishing and
enhancing their national legal and institutional
frameworks, in particular, in cooperation with UNDP
capacity-building efforts;

       (m)     supporting Governments, upon request, and
development agencies and organs in the integration of
environmental aspects into their development policies and
programmes, in particular through provision of
environmental, technical and policy advice during programme
formulation and implementation;

       (n)     further developing assessment and assistance in
cases of environmental emergencies.

38.23.  In order for UNEP to perform all of these
functions, while retaining its role as the principal body
within the United Nations system in the field of
environment and taking into account the development aspects
of environmental questions, it would require access to
greater expertise and provision of adequate financial
resources and it would require closer cooperation and
collaboration with development and other relevant organs of
the United Nations system.  Furthermore, UNEP's regional
offices should be strengthened without weakening its
headquarters in Nairobi, and UNEP should take steps to
reinforce and intensify its liaison and interaction with
UNDP and the World Bank.


        2.  United Nations Development Programme

38.24.  UNDP, like UNEP, also has a crucial role in the
follow-up to the UNCED.  Through its network of field
offices it would foster the United Nations system's
collective thrust in support of the implementation of
Agenda 21, at the country, regional, interregional and
global levels, drawing on the expertise of the specialized
agencies and other United Nations organizations and bodies
involved in operational activities.  The role of the
Resident Representative/Resident Coordinator of UNDP needs
to be strengthened in order to coordinate the field-level
activities of the United Nations operational activities.

38.25.  Its role would include the following:

       (a)     acting as the lead agency in organizing United
Nations system efforts towards capacity-building at the
local, national and regional levels;

       (b)     mobilizing donor resources on behalf of
Governments for capacity-building in recipient countries
and, where appropriate, through the use of UNDP round-table
mechanisms;

       (c)     strengthening its own programmes in support of
follow-up to UNCED without prejudice to the Fifth Programme
Cycle;

       (d)     assisting recipient countries, upon request, in
the establishment and                 strengthening of national
coordination mechanisms and networks related to activities
for the follow-up of the UNCED;

       (e)     assisting recipient countries, upon request, in
coordinating the              mobilization of domestic financial
resources;

       (f)     promoting and strengthening the role and
involvement of women, youth and other major groups, in
recipient countries in the implementation of Agenda 21.


  3.  United Nations Conference on Trade and Development


38.26.  The United Nations Conference on Trade and
Development should play an important role in the
implementation of Agenda 21 as extended at the eight
session of the Conference, taking into account the
importance of the interrelationships between development,
international trade and the environment and in accordance
with its mandate in the area of sustainable development.


    4.  United Nations Sudano-Sahelian Office


38.27.  The role of the United Nations Sudano-Sahelian
Office, with added resources that may become available,
operating under the umbrella of UNDP and with the support
of UNEP, should be strengthened so that this body can
assume an appropriate major advisory role and participate
effectively in the implementation of Agenda 21 provisions
related to combating drought, desertification as well as
land resource management.  In this context, the experience
gained could be used by all other countries affected by
drought and desertification, in particular those in Africa,
with special attention to countries most affected or
classified as least-developed countries.


5.  United Nations specialized agencies and related
    organizations and other relevant intergovernmental
    organizations


38.28.  All United Nations specialized agencies, related
organizations and other relevant intergovernmental
organizations within their respective fields of competence
have an important role to play in the implementation of
relevant parts of Agenda 21 and other decisions of UNCED.
Their governing bodies may consider ways of strengthening
and adjusting activities and programmes in line with Agenda
21, in particular, regarding projects for promoting
sustainable development.  Furthermore, they may consider
establishing special arrangements with donors and financial
institutions for project implementation that may require
additional resources.


I. Regional and sub-regional cooperation and implementation


38.29.  Regional and sub-regional cooperation will be an
important part of the Conference outcome.  The United
Nations regional economic commissions, regional development
banks and regional economic and technical cooperation
organizations, within their respective agreed mandates, can
contribute to this process by:

       (a)     promoting regional and sub-regional capacity-
building;

       (b)     promoting the integration of environmental
concerns in regional and sub-regional development policies;

       (c)     promoting regional and sub-regional cooperation,
where                 appropriate, regarding transboundary issues
related to sustainable development.

38.30.  Regional economic commissions, as appropriate,
should play a leading role in coordinating regional and
sub-regional activities by sectoral and other United
Nations bodies and shall assist countries in achieving
sustainable development.  These commissions, regional
programmes within the United Nations system, as well as
other regional organizations should review the need for
modification of ongoing activities, as appropriate, in
light of Agenda 21.

38.31.  There must be active cooperation and collaboration
among the regional commissions and other relevant
organizations, regional development banks, non-governmental
organizations and other institutions at the regional level.
UNEP and UNDP, together with the regional commissions,
would have a crucial role to play, especially in providing
the necessary assistance, with particular emphasis on
building and strengthening the national capacity of Member
States.

38.32.  There is a need for closer cooperation between UNEP
and UNDP, together with other relevant institutions, in the
implementation of projects to halt environmental
degradation or its impact, and to support training
programmes in environmental planning and management for
sustainable development at the regional level.

38.33.  Regional intergovernmental technical and economic
organizations have an important role to play in helping
Governments to take coordinated action in solving
environment issues of regional significance.

38.34.  Regional and subregional organizations should play
a major role in the implementation of Agenda 21 provisions
related to combating drought and desertification.  UNEP,
UNDP and UNSO should assist and cooperate with those
relevant organizations.

38.35.  Cooperation between regional and subregional
organizations and relevant organizations of the United
Nations system should be encouraged, where appropriate, in
other sectoral areas.


            J. National implementation


38.36.  States have an important role to play in the
follow-up of UNCED and the implementation of Agenda 21.
National level efforts should be undertaken by all
countries in an integrated manner so that both environment
and development concerns can be dealt with in a coherent
manner.

38.37.  Policy decisions and activities at the national
level, tailored to support and implement Agenda 21 should
be supported by the United Nations system upon request.

38.38.  Furthermore, States could consider the preparation
of national reports.  In this context, the organs of the
United Nations system should, upon request, assist
countries, in particular developing countries.  Countries
could also consider the preparation of national action
plans for the implementation of Agenda 21.
38.39.  Existing assistance consortia, consultative groups
and round tables should make greater efforts to integrate
environmental considerations and related development
objectives into their development assistance strategies,
and consider reorienting and appropriately adjusting their
membership and operations to facilitate this process and
better support national efforts to integrate environment
and development.

38.40.  States may wish to consider setting up a national
coordination structure responsible for the follow-up of
Agenda 21.  Within this structure, which would benefit from
the expertise of non-governmental organizations,
submissions and other relevant information could be made to
the United Nations.


   K. Cooperation between United Nations bodies and
          international financial organizations


38.41.  The success of the follow-up to the Conference is
dependent upon an effective link between substantive action
and financial support, and this requires close and
effective cooperation between United Nations bodies and the
multilateral financial organizations. The Secretary-General
and heads of United Nations programmes, organizations and
the multi-lateral financial organizations have a special
responsibility in forging such a cooperation, not only
through full participation in the United Nations high-level
coordination mechanism (Administrative Committee on
Coordination) but also at regional and national levels.  In
particular, representatives of multilateral financial
institutions and mechanisms, as well as the International
Fund for Agricultural Development, should be actively
associated with deliberations of the intergovernmental
structure responsible for the follow up to Agenda 21.


        L. Non-governmental organizations


38.42. Non-governmental organizations and major groups are
important partners in the implementation of Agenda 21.
Relevant non-governmental organizations, including
scientific community, the private sector, women's groups,
etc., should be given opportunities to make their
contributions and establish appropriate relationships with
the United Nations system.  Support should be provided for
developing countries' non-governmental organizations and
their self-organized networks.

38.43. The United Nations system, including international
finance and development agencies, and all intergovernmental
organizations and forums should, in consultation with non-
governmental organizations take measures to:

       (a)     design open and effective means to achieve the
participation of non-governmental organizations, including
those related to major groups, in the process established
to review and evaluate the implementation of Agenda 21 at
all levels and promote their contribution to it;

       (b)     take into account the findings of non-
governmental organizations' review systems and evaluation
processes in relevant reports of the Secretary-General to
the General Assembly and all pertinent United Nations
agencies and intergovernmental organizations and forums
concerning implementation of Agenda 21 in accordance with
its review process.

38.44.  Procedures should be established for an expanded
role for non-governmental organizations, including those
related to major groups, with accreditation based on the
procedures used in UNCED.  Such organizations should have
access to reports and other information produced by the
United Nations system.  The General Assembly, at an early
stage, should examine ways of enhancing the involvement of
non-governmental organizations within the United Nations
system in relation to the UNCED follow-up process.

38.45.  The Conference takes note of other institutional
initiatives for the implementation of Agenda 21, such as
the proposal to establish a non-governmental Earth Council
and the proposal to appoint a guardian for future
generations as well as other initiatives by local
Governments and business sectors.

                    * * * *


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Note 449      A21/39 Legal Instruments
unced                                7:24 am  Jul 10, 1992

From: UNCED 
Subject: A21/39 Legal Instruments

A-21: LEGAL INSTRUMENTS




United Nations Conference on Environment & Development
Conference des Nations Unies sur l'Environnement
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