The kind of assistance
and the way it is provided differs from country to country. The kind of
technical assistance depends both on the request of assistance made by
country itself, and on the outcome of initial fact finding missions (scoping
mission), carried out by UNEP's legal officers. In providing assistance
UNEP co-operates with other bodies or agencies such as UNDP, IUCN, the
World Bank and FAO, as well as regional and national institutions.
In general terms,
technical assistance usually develops along the following steps.
Needs Assessment Mission: Usually the first step is the
complete identification of assistance needs of the requesting State. An
examination of the existing legislative and institutional problems, priorities
and policies is undertaken through a mission to the requesting country
by UNEP's legal officers. This is followed by a detailed report with recommendations
regarding the preliminary determination of the country’s legislative
and institutional needs or requirements and by an in-depth review and
analysis of existing legal framework and institutional arrangements. The
country concerned is involved in all the activities.
Review of Legislation and Institutions: Based on the
recommendations of the needs assessment missions and on Government requests,
a thorough review of existing legislation relevant to environmental management
and national environmental policy, including institutional structures,
is conducted, in order to identify legislative shortcomings or requirements
for environmental protection and sustainable development. Recommendations
on the necessary legislative and institutional reforms required are made
and lead to the drafting of the required legal instruments to implement
the proposals. This task is undertaken, following the new approach, relying
on national consultants or setting up a national task force.
Drafting of Legislation: The new policy is to have national
Task Forces draft the environmental legislation with the support of UNEP's
legal officers. They are well placed to provide such support in view of
their experience in working in the field of environmental legislation at
national level.
Enhancement of Local Capacity/ Use of National Consultants or of National
Task Forces: UNEP’s activities in developing countries
and countries with economies in transition aim at creating self sufficiency
in the relevant expertise in the countries concerned, avoiding continuous
dependence on UNEP or other international organisations for assistance.
Therefore, UNEP makes an effort to utilise national experts and local
consultants in the execution of the tasks requested to ensure that while
UNEP offers assistance, it also builds the local capacity within the countries
concerned. The second mechanism on which UNEP relies is the use of cross-sectoral
National Task Forces, of up to ten persons drawn from relevant government
departments, to work in collaboration with UNEP, to execute the agreed
programme of activities.
In practical terms,
once a request from a developing country is accepted for assistance by
UNEP, a participatory and consultative programme of activities is drawn
up in collaboration with the relevant government authorities. UNEP normally
funds and supervises the effective implementation of the programme but
the activities are largely performed by the national experts themselves.
Development of Framework Environmental Laws: In assisting developing countries
to develop environmental legal and institutional arrangements, UNEP has
been recommending the drafting of new framework environmental laws, so
as to develop the existing use and resources-oriented laws into system-oriented
legislation. Where framework environmental laws had already been enacted,
UNEP has been assisting governments to draft sectoral legislation or enabling
regulations to integrate the environmental framework legislation.
Development of Environmental Impact Assessment (EIA) Laws:
UNEP's Governing Council recommended as one of the major areas of focus
the promotion of “widespread use of EIA procedures by Governments
[…] as an essential element in development planning and for assessing
the effects of potentially harmful activities on the environment”.
UNEP’s task according to this mandate is to assist countries to
fulfil their commitment to enhance the integration of EIAs into the planning
process at the national level.
Establishment/Strengthening
of Institutional Arrangements: The effective implementation of
environmental legislation depends very much on the existence of appropriate
institutional arrangements for cross sectoral co-ordination; in most developing
countries, the sectoral approach to environmental management has impeded
or failed to facilitate the implementation of environmental management
in an integrated manner. The need to increase the effectiveness of institutional
mechanisms for resource management and to co-ordinate and harmonise environment
policies and activities led to the creation of directorates of environment
under the sectoral ministries responsible for the environment.
Review of the Status of Implementation of International Instruments: UNEP
has assisted many developing countries to develop national laws to implement
international environmental conventions, in collaboration with the convention
secretariats. In doing so, UNEP has tried also to build up the capacity
of the country concerned to implement and enforce the environmental conventions.
Public Participation Throughout the Technical Assistance Process:
Input from the widest possible sectors of the society to be affected by
a new environmental policy or legislative instrument is essential to its
successful implementation. Therefore, UNEP’s new policy is to encourage
and facilitate the provision, through national seminars, interviews and
exchanges of information and opinion throughout the implementation of
all the above-mentioned steps, of an opportunity for building the necessary
consensus on the policy framework and the legislative instruments. NGOs,
the private sector, the community at large, citizen groups, academia and
so on, are usually invited to participate.
UNEP’s technical
assistance efforts have brought important results, in terms of effective
changes in the legal and policy frameworks in the target geographical
contexts.
The impact of capacity building activities through technical assistance
can be summarised as follows:
- creation of new environmental laws and institutions;
- co-ordination, harmonisation, updating and strengthening of existing
environmental legislation;
- strengthened and enhanced co-ordination of environmental institutions;
- promotion of the use of Environmental Impact Assessment procedures;
- enhanced capacity to adopt decisions on strong knowledge basis;
- improved capacity to actively participate in international negotiations
of environmental legal instruments, and therefore enhanced partnership
in international environmental conventions.
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