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GENERAL
A/CONF.151/26 (Vol. III)
14 August 1992
ORIGINAL: ENGLISH
REPORT OF THE UNITED NATIONS CONFERENCE ON
ENVIRONMENT AND DEVELOPMENT
(Rio de Janeiro, 3-14 June 1992)
Chapter 38
INTERNATIONAL INSTITUTIONAL ARRANGEMENTS
BASIS FOR ACTION
38.1. The mandate of the United Nations Conference on Environment and
Development emanates from General Assembly resolution 44/228, in which
the Assembly, inter alia, affirmed that the Conference 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, the 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 the
Conference. 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 into, 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 the Conference 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 to 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
concerning 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, subregional, 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 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
subregional, 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, subregional and regional capacities and actions in the areas
of environment and development;
(g) To establish effective cooperation and exchange of
information between 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 intergovernmental
mechanism, is the principal policy-making and appraisal organ on
matters relating to the follow-up of the Conference. The Assembly
would organize a regular review of the implementation of Agenda 21. In
fulfilling this task, the Assembly could consider the timing, format
and organizational aspects of such a review. In particular, the
Assembly could consider holding a special session not later than 1997
for the 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 role
under the Charter 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 by
overseeing system-wide coordination in 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 of United
Nations policies and programmes and would 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 in 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--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 the
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, information 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 input from competent
non-governmental organizations, including the scientific and private
sectors, 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;
(h) To consider, at an appropriate time, the results of the
review to be conducted expeditiously by the Secretary-General of all
recommendations of the Conference for capacity-building programmes,
information networks, task forces and other mechanisms to support the
integration of environment and development at regional and subregional
levels.
38.14. Within the intergovernmental framework, consideration should be
given to allowing 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 inter-agency 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. ACC should consider establishing a
special task force, subcommittee or sustainable development board,
taking into account the experience of the Designated Officials for
Environmental Matters (DOEM) and the Committee of International
Development Institutions on Environment (CIDIE), as well as the
respective roles of 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 General Assembly at its forty-seventh session.
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 Conference 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 inter-agency 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 Charter of the
United Nations and the need for the best use of existing resources in
the context of the current and ongoing restructuring of the United
Nations Secretariat.
H. Organs, programmes and organizations of the
United Nations system
38.20. In the follow-up to the Conference, in particular the
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 by encouraging countries 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 for 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 such techniques 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 specialized agencies of the United Nations
system, 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 subregional 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 the Conference;
(l) Provision of 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) Support to 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 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, UNEP would require access to greater expertise
and provision of adequate financial resources and it would require
closer cooperation and collaboration with development organs and other
relevant organs of the United Nations system. Furthermore, the
regional offices of UNEP 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 United Nations Conference on Environment and Development. 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 should 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 the UNDP donor round-table mechanisms;
(c) Strengthening its own programmes in support of follow-up to
the Conference without prejudice to the fifth programming 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 to the Conference;
(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. UNCTAD should play an important role in the implementation of
Agenda 21 as extended at its eighth session, 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 (UNSO),
with added resources that may become available, operating under the
umbrella of UNDP and with the support of UNEP, should be strengthened
so that it can
assume an appropriate major advisory role and participate effectively
in the implementation of Agenda 21 provisions related to combating
drought and desertification and to 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. Specialized agencies of the United Nations system
and related organizations and other relevant
intergovernmental organizations
38.28. All specialized agencies of the United Nations system, 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 the Conference. 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 subregional cooperation and implementation
38.29. Regional and subregional cooperation will be an important part
of the outcome of the Conference. The regional 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 subregional capacity-building;
(b) Promoting the integration of environmental concerns in
regional and subregional development policies;
(c) Promoting regional and subregional cooperation, where
appropriate, regarding transboundary issues related to sustainable
development.
38.30. The regional commissions, as appropriate, should play a leading
role in coordinating regional and subregional activities by sectoral
and other United Nations bodies and shall assist countries in achieving
sustainable development. The commissions and 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 the provisions of Agenda 21 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 the
Conference 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 should consider reorienting and
appropriately adjusting their memberships 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 multilateral financial organizations have a
special responsibility in forging such cooperation, not only through
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 IFAD, should actively be 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 the scientific community, the private sector
and women's groups, 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 review systems and
evaluation processes of non-governmental organizations 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
the 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 the
Conference. 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 follow-up process of the Conference.
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 taken by local
governments and business sectors.
END OF CHAPTER 38
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