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Legal Drafting A Challenge To Caribbean In Implementing MEAs

(CARICOM Secretariat, Turkeyen, Greater Georgetown, Guyana) Regional stakeholders, on Tuesday, placed on the discussion table, several critical challenges affecting the Caribbean’s capacity to meet their obligations in implementing Multi-lateral Environment Agreements (MEAs).

Chief among the inhibiting factors, according to the participants, was the lack of required legislative framework and regulatory mechanisms to create the enabling environment for several countries to comply with MEAs. This challenge, they asserted was further exacerbated by the limited number of legal drafting experts in the Caribbean for the drafting of relevant legal frameworks for the implementation of MEAs.

The stakeholders, drawn from national ministries of environment, regional institutions and environmental agencies, are attending a three-day Needs Prioritization Workshop, that will inform the framework of a larger European Community funded project which will be providing technical assistance, training, policy and advisory support services for ACP countries to enhance their capacities in fulfilling their obligations under MEAs.

On Tuesday morning, at a soft launch of the Project, Dr Edward Greene, CARICOM Secretariat’s Assistant Secretary-General Human and Social Development and Ms Maria Recio, United Nations Environment Programme (UNEP) representative also pointed to many capacity-related challenges including, legal drafting, facing the Caribbean. Both referred to training as the appropriate response.

Several other challenges were also cited by the participants on Tuesday afternoon. These include unavailability of human resources to carry out the work involved with MEAs; limited data management technologies; and lack of appropriate performance management and monitoring mechanisms.

A number of representatives also pointed to the lack of effective Government mechanisms to support implementation, including a lack of, or inadequate and inappropriate incentive schemes to support implementation.

There was a consensus on the need for systematic public awareness programmes to sensitise both the political directorate and technocrats on the purpose of the MEAs, the rationale and implications for signing these MEAs as well as the possible conflicts with other binding obligations and Agreements such as the Revised Treaty of Chaguaramas and the Economic Partnership Agreement between the Caribbean Forum of African Caribbean and Pacific (ACP) States (CARIFORUM) and the EU.

The need to engage Civic Society in assisting with implementation was also underscored. Concerns were expressed regarding the lack of coordination and communication among all agencies and focal points responsible for the operational and policy aspects of MEAs implementation. Financial challenges such as the ineffective utilisation of funding mechanisms and available resources available to the region either through the Conventions or International Funding Agencies were also raised.

The outcomes of this workshop will be used to further inform the development and fine-tuning of activities within the Caribbean sub-component of the capacity building project. The Capacity Building related to Multilateral Environmental Agreements in ACP countries Project has been designed in partnership with the European Community and the UNEP to address some of the very challenges raised at the Needs Prioritisation Workshop. The aim is to strengthen the capacity of the CARICOM Secretariat – which will be leading the implementation of the Caribbean sub-component of the project – to deliver training in areas such as project management and proposal writing, negotiations and lobbying, legal drafting, information management and exchange. The four year project runs from March 2009 to February 2013.

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