Key Benefits:
461 OF 1998
(August 4)
Official Journal No. 43,360, dated August 11, 1998
By means of which the "United Nations Convention on the fight against desertification in the countries affected by severe drought or desertification, in particular Africa", was adopted in Paris on 17 June (17). thousand nine hundred and ninety-four (1994).
COLOMBIA CONGRESS
Having regard to the text of the "United Nations Convention to Combat Desertification in Countries Affected by Severe Drought or Desertification, in Particular Africa", made in Paris on 17 June 1990, 17 four (1994) which to the letter says:
(To be transcribed: photocopy of the full text of the international instrument mentioned, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs).
® United Nations Convention to Combat Desertification in the PaIses Affected by Severe or Defected Sequences, in particular in Africa
The Parties to this Convention,
Affirming that human beings in affected or threatened areas are the focus of concerns in efforts to combat desertification and mitigate the effects of drought,
Echoing the urgent concern of the international community, including states and international organizations, for the detrimental effects of desertification and drought,
Aware that dry, semi-arid and dry areas represent a considerable proportion of the land area and are the habitat and source of livelihood for a large part of the world's population,
Recognising that desertification and drought are problems of global dimensions, as their effects affect all regions of the world, and that the international community needs to take joint action to combat desertification and mitigating the effects of drought,
Taking note of the high percentage of developing countries and, in particular, of least developed countries, among the countries affected by severe drought or desertification, as well as the particularly tragic consequences of these phenomena carry in Africa,
Also noting that desertification has its origin in complex interactions of physical, biological, political, social, cultural and economic factors,
Considering the effects trade and other relevant aspects of international economic relations have on the ability of affected countries to effectively fight desertification,
Aware that sustainable economic growth, social development and poverty eradication are the priorities of the developing countries concerned, particularly in Africa, and are essential to achieving the objectives of a sustainable development,
Aware that desertification and drought affect sustainable development by the relationship they have with important social problems, such as poor poverty, poor health and nutrition, lack of food security, and problems arising from migration, displacement of people and demographic dynamics,
Appreciating the importance of the efforts made and the experience accumulated by States and international organizations in the fight against desertification and the mitigation of the effects of drought, particularly through the implementation of the United Nations Plan of Action to combat desertification, which originated at the United Nations Conference on Desertification, 1977,
Checking that, despite the efforts deployed, the expected progress has not been made in the fight against desertification and the mitigation of the effects of the drought, and that a new and more effective approach is needed for all levels, in the framework of sustainable development,
Recognising the validity and relevance of the decisions taken at the United Nations Conference on Environment and Development, and in particular Agenda 21 and Chapter 12, which provide a basis for combating the desertification,
reaffirming, in the light of the above, the commitments of the developed countries provided for in paragraph 13 of Chapter 33 of Agenda 21,
Remembering General Assembly Resolution 47/188 and, in particular, the priority given to Africa, and all other relevant United Nations resolutions, decisions and programmes on desertification and drought, as well. as the declarations made in this regard by the countries of Africa and other regions,
reaffirming the Rio Declaration on the Environment and Development in which Principle 2 states that, in accordance with the Charter of the United Nations and the principles of international law, States have the sovereign right of to exploit its own resources in accordance with its environmental and development policies, and the responsibility to ensure that the activities carried out under its jurisdiction or control do not cause harm to the environment of other States or areas located beyond the limits of the national jurisdiction,
Recognizing that countries ' governments play a key role in efforts to combat desertification and mitigate the effects of drought, and that the progress made in this respect depends on the country's Action will be implemented at the local level in the affected areas,
Recognizing also the importance and the need for international cooperation and partnership to fight desertification and mitigate the effects of drought,
Recognising the importance of providing the developing countries concerned, in particular those in Africa, with effective means, including substantial financial resources, including new and additional resources, and access to the technology, without which it will be difficult for them to comply fully with the obligations under this Convention,
Concerned about the impact of desertification and drought in the affected countries of Central Asia and Transcaucasians,
Highlighting the important role played by women in regions affected by desertification or drought, particularly in rural areas of developing countries, and the importance of ensuring full levels of women's Participation of men and women in programmes to combat desertification and mitigation of the effects of drought,
Highlighting the special role that non-governmental organizations and other important groups play in programs to combat desertification and mitigate the effects of drought,
Bearing in mind the relationship between desertification and other global environmental issues facing the international community and national communities,
Also bearing in mind that the fight against desertification can contribute to the achievement of the objectives of the Convention on Biological Diversity, the United Nations Framework Convention on Climate Change and other conventions. environmental,
Estimating that strategies to fight desertification and mitigate the effects of drought will be highly effective if they are based on adequate systematic observation and rigorous scientific knowledge and are subject to continuous assessment,
Recognizing the urgent need to improve the efficiency and coordination of international cooperation to facilitate the implementation of national plans and priorities,
Determined to take appropriate measures to combat desertification and mitigate the effects of drought for the benefit of present and future generations,
Have agreed to the following:
INTRODUCTION
ARTICLE 1o. TERMS USED. For the purposes of this Convention:
(a) "Desertification" means the degradation of dry, semi-arid and dry land lands resulting from various factors, such as climatic variations and human activities;
(b) For the purpose of "combating desertification" means activities which are part of an integrated use of the land of dry, semi-arid and sub-humid areas for sustainable development and which are intended to:
i) The prevention or reduction of land degradation,
ii) The rehabilitation of partially degraded lands, and
iii) Recovery of desertified lands;
"(c)" drought " means the phenomenon that occurs naturally when the rains have been considerably lower than the normal levels recorded, causing a sharp water imbalance that impairs the production systems of the land resources;
(d) "mitigation of the effects of drought" means activities related to the prognosis of drought and aimed at reducing the vulnerability of society and natural systems to drought as it relates to the struggle against desertification;
e) By "land" means the terrestrial bioproductive system comprising the soil, vegetation, other components of the biota and the ecological and hydrological processes that are developed within the system;
(f) "Land degradation" means the reduction or loss of biological or economic productivity and the complexity of the agricultural land of secano, farmland, irrigated or dehese land, grassland, forests and wooded land, caused, in arid, semi-arid and subhumid dry areas, by land use systems or by a process or a combination of processes, including those resulting from human activities and population patterns, such as as:
i) Soil erosion caused by wind or water,
ii) The deterioration of physical, chemical and biological properties or soil economic properties, and
iii) The lasting loss of natural vegetation;
g) For "dry, semi-arid and sub-wet areas" means those areas where the ratio between annual precipitation and potential evapotranspiration is between 0,05 and 0,65, excluding polar and sub-polar regions;
h) For "affected areas" means arid, semi-arid or dry sub-wet areas affected or threatened by desertification;
i) For "affected countries" means countries whose area includes, in whole or in part, areas affected;
(j) "Regional economic integration organisation" means any organisation constituted by sovereign States of a particular region which is competent to deal with the issues to which this Convention applies and has been duly authorised, in accordance with its internal procedures, to sign, ratify, accept and approve the Convention and to accede to it;
k) "Developed countries" means developed countries and regional economic integration organizations formed by developed countries.
1. The objective of this Convention is to combat desertification and to mitigate the effects of drought in countries affected by severe drought or desertification, in particular in Africa, by taking effective measures in all Member States. levels, supported by international cooperation and partnership agreements, in the framework of an integrated approach in line with programme 21, to contribute to the achievement of sustainable development in the affected areas.
2. The achievement of this objective will require implementation in the affected areas of long-term integrated strategies that focus simultaneously on increased land productivity, rehabilitation, conservation and exploitation. (i) sustainable development of land resources and water resources, in order to improve living conditions, especially at Community level.
ARTICLE 3o. PRINCIPLES. To achieve the objectives of this Convention and to implement its provisions, the parties shall be guided, inter alia, by the following principles:
(a) Parties should ensure that decisions regarding the elaboration and implementation of programs to combat desertification and mitigation of the effects of drought are taken with the participation of the population and the communities. local and, at higher levels, an enabling environment is created to facilitate the adoption of measures at national and local levels;
(b) The Parties, in a spirit of international solidarity and partnership, should enhance cooperation and coordination at the subregional, regional and international levels, and better channel financial, human, organizational and technical resources. where they are needed;
(c) The parties should encourage, in a spirit of partnership, cooperation at all levels of government, communities, non-governmental organisations and land users, in order to better understand the character and value of the land resources and scarce water resources in the affected areas and promote the sustainable use of these resources, and
(d) Parties should take full account of the special needs and circumstances of the developing countries concerned which are parties, in particular the least developed countries.
GENERAL PROVISIONS
ARTICLE 4. GENERAL OBLIGATIONS.
1. The Parties shall comply with the obligations under this Convention individually or jointly, through the established multilateral and bilateral agreements or to be established, or of each other, as appropriate, by making the need to coordinate efforts and to prepare a coherent long-term strategy at all levels.
2. To achieve the objective of this Convention, the Parties shall:
a) Take an integrated approach in which the physical, biological and socio-economic aspects of desertification and drought processes are taken into account;
(b) Due consideration, within the framework of the competent international and regional bodies, to the situation of the developing countries concerned with regard to international trade, the marketing agreements and the debt with a view to establishing an international economic environment conducive to promoting sustainable development;
c) Integrate strategies to eradicate poverty in their efforts to combat desertification and mitigate the effects of drought;
(d) Promote cooperation in the field of environmental protection and conservation of land resources and water resources among the countries concerned, in so far as this is related to desertification and drought;
e) Rebuild sub-regional, regional and international cooperation;
f) Cooperate within the framework of the relevant intergovernmental organisations;
g) Arbitrate institutional mechanisms, as appropriate, taking into account the need to avoid duplication, and
h) Promote the use of existing bilateral and multilateral financial mechanisms and arrangements that can mobilize and channel financial resources
substantial to the developing countries affected to combat desertification and mitigate the effects of drought.
3. The developing countries concerned meet the conditions for assistance in the implementation of the Convention.
ARTICLE 5o. OBLIGATIONS OF THE PARTIES CONCERNED. In addition to the obligations incumbent upon them under Article 4, the countries concerned shall undertake to:
a) Giving due priority to combating desertification and mitigating the effects of drought and allocating sufficient resources, in accordance with their circumstances and capabilities;
b) Establish strategies and priorities, within the framework of their national sustainable development plans and policies, for the purpose of combating desertification and mitigating the effects of drought;
c) Take care of the underlying causes of desertification and pay particular attention to the socio-economic factors that contribute to desertification processes;
d) Promote awareness and facilitate the participation of local populations, especially women and young people with the support of non-governmental organizations, in efforts to combat desertification and mitigate against effects of drought, and
e) Create an enabling environment, as appropriate, by strengthening the relevant legislation in force and, in the event that it does not exist, the enactment of new laws and the establishment of long-term policies and programmes of action.
ARTICLE 6o. OBLIGATIONS OF THE DEVELOPED PARTS COUNTRIES. In addition to the general obligations under Article 4, the developed Party countries undertake to:
(a) To actively support, as agreed individually or jointly, the efforts of the affected developing countries, particularly those in Africa and the least developed countries, to combat desertification and to mitigate effects of drought;
b) Providing substantial financial resources and other forms of support to help developing countries affected, particularly those in Africa, to develop and implement their own long-term plans and strategies effectively against desertification and mitigation of the effects of drought:
c) Promote the mobilization of new and additional financial resources in accordance with paragraph 2 (b) of Article 20;
d) Encourage the mobilization of financial resources from the private sector and other non-governmental sources; and
e) Promote and facilitate access by the countries concerned, in particular the developing countries concerned, to the appropriate technology, knowledge and experience.
ARTICLE 7o. PRIORITY FOR AFRICA. When implementing this Convention, the Parties shall give priority to the countries concerned in Africa, taking into account the special situation prevailing in that region, without neglecting the countries Parties concerned. in other regions.
ARTICLE 8o. RELATIONSHIP TO OTHER CONVENTIONS.
1. The Parties shall encourage the coordination of activities carried out in accordance with this Convention and, in the event that they are a Party to them, in accordance with other relevant international agreements, in particular the Framework Convention on the The United Nations on Climate Change and the Convention on Biological Diversity, in order to obtain the greatest possible advantages of the activities carried out under each agreement, while avoiding duplication of effort. The Parties shall encourage the implementation of joint programmes, in particular in the field of research, training, systematic observation and meeting and exchange of information, in so far as these activities can contribute to the achievement of the objectives of the agreements in question.
2. The provisions of this Convention shall not affect the rights and obligations incumbent upon the Parties under bilateral, regional or international agreements which they have concluded prior to the entry into force of the Convention. the present Convention.
ACTION PROGRAMS, SCIENTIFIC AND TECHNICAL COOPERATION, AND SUPPORT MEASURES
ACTION PROGRAMS
1. In the fulfilment of the obligations laid down in Article 5, the developing countries concerned and any other country Party concerned within the framework of the respective regional implementation annex or which has notified in writing to the Permanent Secretariat the intention to prepare a national action programme, shall develop, make public and implement national action programmes, taking advantage of the plans and programmes as far as possible. which have already been successfully implemented and, where appropriate, the sub-regional and regional action programmes, as a central element of the strategy to combat desertification and mitigate the effects of drought. These programmes will need to be updated through a continuous participation process on the basis of practical experience, as well as the results of the research. The preparation of the national action programmes will be closely linked to other activities aimed at formulating national policies in favour of sustainable development.
2. In the various forms of assistance provided by the developed Parties in accordance with Article 6, priority shall be given to support, as agreed in the national action programmes, sub-regional and regional of the developing countries concerned, in particular those in Africa, either directly or through the relevant multilateral organisations, or both.
3. The Parties shall encourage the bodies, funds and programmes of the United Nations system and other relevant intergovernmental organisations, academic institutions, the scientific community and non-governmental organisations to are in a position to cooperate, in accordance with their mandate and capabilities, to support the development, implementation and monitoring of the action programmes.
ARTICLE 10. NATIONAL ACTION PROGRAMES.
1. The aim of the national action programmes is to identify the factors contributing to desertification and the practical measures needed to combat desertification and to mitigate the effects of drought.
2. National action programmes should specify the respective roles of government, local communities and land users, as well as identify the resources available and necessary. Among other things, national action programmes:
a) Including long-term strategies to combat desertification and mitigate the effects of drought, will highlight the aspect of the implementation and will be integrated with national sustainable development policies;
(b) Take into account the possibility of making changes in response to changes in circumstances and be sufficiently flexible at the local level to adapt to different socio-economic, biological and geophysical conditions;
(c) Special attention shall be paid to the application of preventive measures for land not yet degraded or only slightly degraded;
d) Rebuild national capacity in the field of climatology, meteorology and hydrology and the means of establishing an early warning system for drought;
e) Promote policies and strengthen institutional frameworks to foster cooperation and coordination, in a spirit of partnership, between the donor community, governments at all levels, local populations and groups Community, and will facilitate the access of local populations to appropriate information and technology;
f) Ensure effective local, national and regional participation of non-governmental organisations and local populations, both women and men, especially resource users, including farmers and pastors and their representative organisations, in policy planning, decision-making, implementation and review of national action programmes, and
g) You will have a regular review of your application and reports on progress.
3. National action programmes may include, inter alia, some of the following measures for drought preparedness and mitigation of their effects:
(a) The establishment and/or strengthening of early warning systems, as appropriate, that include local and national facilities, as well as common systems at the sub-regional and regional level, and mechanisms to assist displaced persons by ecological reasons;
b) Strengthening preparedness and management practices for drought cases, including plans to address drought contingencies at the local, national, subregional and regional levels, which take into account forecasts both seasonal as weather interannual;
(c) The establishment and/or strengthening, as appropriate, of food security systems, including storage facilities and means of marketing, in particular in rural areas;
d) The introduction of alternative livelihood promotion projects that can generate income in drought-prone areas, and
e) The development of sustainable irrigation programs for both crops and livestock.
4. In view of the specific circumstances and needs of each of the countries concerned, the national action programmes shall include, inter alia, measures in some of the following priority areas, or in particular: all of them, in relation to the fight against desertification and the mitigation of the effects of drought in the affected areas and with their populations: promotion of alternative means of subsistence and improvement of the economic environment national to strengthen programmes aimed at eradicating poverty, food security, demographic dynamics, sustainable management of natural resources, sustainable agricultural practices, the development and efficient use of various energy sources, the creation of institutional frameworks and (i) the strengthening of the capacity for systematic assessment and observation, including hydrological and meteorological services, and the promotion of the public's capabilities, education and awareness-raising.
ARTICLE 11. SUB-REGIONAL AND REGIONAL ACTION PROGRAMMES. The countries concerned shall consult and cooperate in preparing, as appropriate, in accordance with the relevant regional application annexes, sub-regional or regional action programmes with the aim of harmonising and supplementing national programmes and of increasing their effectiveness. The provisions of Article 10 shall apply mutatis mutandis to sub-regional and regional programmes. Such cooperation includes agreed sets for the sustainable management of cross-border natural resources, scientific and technical cooperation and the strengthening of the relevant institutions.
ARTICLE 12. INTERNATIONAL COOPERATION. The countries concerned, in collaboration with other Parties and with the international community, shall cooperate with a view to ensuring the promotion of an international environment conducive to the implementation of the Convention. Such cooperation should also cover the sectors of technology transfer as well as scientific research and development, information gathering and distribution of financial resources.
ARTICLE 13. ASSISTANCE FOR THE ELABORATION AND IMPLEMENTATION OF ACTION PROGRAMMES.
1. Measures to support action programmes in accordance with Article 9 shall include the following:
a) Establish financial cooperation that ensures predictability in action programs and allows for long-term planning;
(b) Develop and use cooperation mechanisms to provide more effective support at the local level, including through non-governmental organisations, in order to ensure the possibility of repeating, where appropriate, the activities of the experimental programmes that have been successful;
c) Increase the flexibility of design, financing and execution of projects in accordance with the experimental and iterative approach indicated for the participation of local communities, and
d) Establish, as appropriate, administrative and budgetary procedures to increase the efficiency of cooperation and support programmes.
2. By providing this support to the developing countries concerned, priority will be given to the countries of Africa and the least developed countries.
ARTICLE 14. COORDINATION IN THE ELABORATION AND IMPLEMENTATION OF ACTION PROGRAMMES.
1. The Parties shall work in close cooperation, either directly or through the competent intergovernmental organisations, in the preparation and implementation of the action programmes.
2. The Parties shall develop operational mechanisms, in particular at national and local level, to ensure the greatest possible coordination between the developed Parties, the developing countries and the intergovernmental organizations and not In order to avoid duplication of effort, to harmonise interventions and criteria and to make the most of assistance. Priority shall be given in the developing countries concerned to the coordination of activities related to international cooperation in order to make use of the resources as effectively as possible, to ensure that assistance is well targeted and facilitated. the implementation of national plans and priorities within the framework of this Convention.
ARTICLE 15. ANNEXES OF REGIONAL APPLICATION. Elements shall be selected for incorporation into the action programmes and adapted according to the socio-economic, geographical and climatic factors of the countries Parties or regions concerned, as well as of its level of development. The guidelines for the preparation of action programmes, as well as their specific objectives and content for certain sub-regions and regions, are set out in the Annexes to regional implementation.
SCIENTIFIC AND TECHNICAL COOPERATION
ARTICLE 16. MEETING AND EXCHANGE OF INFORMATION. The Parties agree, according to their respective capacities, to integrate and coordinate the meeting, analysis and exchange of relevant data and information, both in the short and long term, to ensure the systematic observation of land degradation in the affected areas and better understand and better assess the processes and effects of drought and desertification. This would help to achieve, among other things, early warning and early planning for periods of adverse climatic variations, so that users at all levels, including in particular populations, will be able to They could make a practical use of this knowledge. To this effect, as appropriate:
a) Facilitate and strengthen the functioning of the global network of institutions and services for the gathering, analysis and exchange of information and systematic observation at all levels, among other things:
i) Try to use compatible rules and systems,
ii) Cover relevant data and stations, including in remote areas,
iii) Use and disseminate modern technology of meeting, transmission and evaluation of land degradation data, and
iv) Establish closer links between national, subregional and regional data and information centers and global information sources;
b) Ensure that the meeting, analysis and exchange of information meet the needs of local communities and those of decision-making areas, in order to solve concrete problems, and because local communities participate in those activities;
c) Support and extend further the bilateral and multilateral programmes and projects aimed at defining, carrying out, evaluating and financing the meeting, analysis and exchange of data and information, including, inter alia, Things, integrated series of physical, biological, social and economic indicators;
d) Make full use of the expertise of competent intergovernmental and non-governmental organisations, in particular in order to disseminate relevant information and experience among the relevant groups of the different regions;
e) To give due importance to the meeting, analysis and exchange of socio-economic data, as well as their integration with physical and biological data;
f) They will exchange information from all publicly accessible sources that is relevant to combating desertification and mitigating the effects of drought and will provide that information is fully, openly and promptly affordable, and
g) In accordance with their respective national laws or policies, they shall exchange information on local and traditional knowledge, ensuring their due protection and ensuring that local populations are remunerated appropriate to the benefits derived from such knowledge, in an equitable and mutually agreed manner.
ARTICLE 17. RESEARCH AND DEVELOPMENT.
1. The Parties undertake to promote, in accordance with their respective capacities and through the competent national, subregional, regional and international institutions, technical and scientific cooperation in the field of the fight against desertification and mitigation of the effects of drought.
To that end, they will support research activities that:
a) Contribute to increasing the knowledge of processes leading to desertification and drought, as well as the impact and specificity of the natural and human factors causing such phenomena, in order to combat desertification, improve productivity and ensure the sustainable use and management of resources;
b) Respond to well-defined objectives, address the specific needs of local populations, and identify and implement solutions that improve the standard of living of people living in the affected areas;
c) Protect, integrate, promote and validate traditional and local knowledge, experience and practices, ensuring that, subject to their respective national laws and policies, the holders of such knowledge benefit directly, in an equitable and mutually agreed manner, of any commercial use thereof or of any technological advances arising from such knowledge;
d) Develop and strengthen national, sub-regional and regional research capacities in the developing countries concerned, in particular in Africa, including the development of local and regional knowledge strengthening of relevant capacities, especially in countries whose basis for research is weak, with particular attention to socio-economic research of a multi-disciplinary and participatory nature;
e) Take into account, where appropriate, the relationship between poverty, migration caused by environmental factors and desertification;
f) Promote the realization of joint research programs among national, subregional, regional and international research organizations, both in the public and private sectors, for the production of technologies improved, accessible and economically affordable for sustainable development through the effective participation of local populations and communities, and
g) Encourage water resources in affected areas, including through cloud seeding.
2. The action programmes should include research priorities for certain regions and sub-regions, priorities which reflect the different local conditions. The Conference of the Parties shall regularly review the research priorities, on the recommendation of the Science and Technology Committee.
ARTICLE 18. TECHNOLOGY TRANSFER, ACQUISITION, ADAPTATION AND DEVELOPMENT.
1. The Parties undertake to promote, finance and/or assist in financing, as agreed by mutual agreement and in accordance with their respective national laws and/or policies, the transfer, acquisition, adaptation and development of technologies. ecologically sound, economically viable and socially acceptable to combat desertification and/or mitigate the effects of drought, with a view to contributing to sustainable development in the affected areas. Such cooperation shall be carried out bilaterally or multilaterally, as appropriate, taking full advantage of the knowledge
specialized in intergovernmental and non-governmental organizations. In particular, the Parties shall:
a) They will fully use the relevant national, sub-regional, regional and international data exchange information systems and centres to disseminate information on the available technologies as well as their sources, their environmental risks and the general conditions under which they can be acquired;
(b) Facilitate access, in particular of the developing countries concerned, on favourable terms and even on concessional and preferential terms, as agreed by mutual agreement and taking into account the need to protect intellectual property rights, the most appropriate technologies from the point of view of their practical application to meet the specific needs of local populations, with particular attention being paid to social, cultural, economic and environmental of these technologies;
(c) Facilitate technological cooperation between the countries Parties concerned by financial assistance or by any other appropriate means;
(d) extend technological cooperation with the developing countries concerned and even, where appropriate, joint operations, in particular sectors that encourage alternative means of subsistence, and
e) Adopt appropriate measures to create internal market conditions and tax or other incentives to enable the development, transfer, acquisition and adaptation of technologies, knowledge, experience and practices appropriate, including measures to ensure the proper and effective protection of intellectual property rights.
2. In accordance with their respective capabilities and subject to their respective national laws and/or policies, the Parties shall protect, promote and use in particular traditional technologies, knowledge, experience and practices. and relevant premises. To this end, the Parties undertake to:
(a) Making inventories of such technologies, knowledge, experience and practices and their possible applications with the participation of local populations, as well as disseminating information on the particular in cooperation, where appropriate, with competent intergovernmental and non-governmental organisations;
b) Ensure that such technologies, knowledge, experience and practices are adequately protected and that local populations benefit directly, in an equitable manner and as agreed by mutual agreement, of any commercial use to be made from them or from any other resulting technological innovation;
c) Encourage and actively support the improvement and dissemination of such technology, knowledge, experiences and practices, or the development of new technologies based on them, and
d) Facilitate, where appropriate, the adaptation of these technologies, knowledge, experience and practices with a view to applying them widely and to integrate them, as appropriate, with modern technology.
SUPPORT MEASURES
ARTICLE 19. CAPACITY BUILDING, EDUCATION AND PUBLIC AWARENESS.
1. The Parties recognise the importance of capacity building, i.e. institutional development, training and the expansion of local and national capacities, for efforts to combat desertification and drought mitigation. The Parties shall promote these capabilities, as appropriate, by:
(a) Full participation of the population at all levels, especially at the local level, in particular for women and young people, with the cooperation of non-governmental and local organisations;
b) Strengthening the capacity of national training and research in the field of desertification and drought;
c) The establishment and/or strengthening of support and extension services in order to more effectively disseminate the corresponding technological and technical methods, and by training agricultural extension agents and Rural organisations to be able to apply approaches to participation in the conservation and sustainable use of natural resources;
d) Promoting the use and dissemination of knowledge, experience and practices of local people in technical cooperation programmes where possible;
e) Adaptation, where necessary, of the corresponding ecologically sound technology and traditional methods of agriculture and grazing to modern socio-economic conditions;
(f) The provision of appropriate training and technology for the use of substitute energy sources, especially renewable energy resources, in particular in order to reduce fuel-wood dependence;
g) Cooperation, in the mutually agreed form, to strengthen the capacity of the developing countries concerned to develop and implement programmes in the areas of meeting, analysis and exchange of information in accordance with the Article 16;
h) Innovative means to promote alternative livelihoods, including training in new techniques;
i) The training of management and management staff, as well as staff in charge of the meeting and data analysis, the dissemination and use of early warning information in drought situations, and the production of food;
j) The most effective functioning of existing national legal institutions and structures and, where appropriate, by the creation of new ones, as well as the strengthening of strategic planning and management; and
k) Visitor exchange programmes to promote the capabilities of the affected Parties through an interactive long-term teaching and learning process.
2. The developing countries concerned shall carry out, in cooperation with other Parties and with the competent intergovernmental and non-governmental organisations, as appropriate, an interdisciplinary examination of capacity and services. available at local and national level, as well as the possibilities to strengthen them.
3. The Parties shall cooperate with each other and through competent intergovernmental organisations, as well as with non-governmental organisations, for the purpose of undertaking and supporting public awareness and education programmes in the countries concerned. and, where appropriate, in the non-affected Parties, to promote an understanding of the causes and effects of desertification and drought and the importance of achieving the objectives of this Convention. To this effect:
a) They will launch awareness campaigns aimed at the general public;
(b) permanently promote public access to relevant information, as well as a broad participation of the public in education and awareness-raising activities;
c) Encourage the establishment of partnerships that contribute to raising public awareness;
d) Prepare and exchange material, as far as possible in local languages, to impart education and raise awareness to the public, exchange and send experts to train staff from affected developing countries to ensure that it is able to implement the relevant education and awareness programmes, and shall take full advantage of the relevant educational material available to the competent international bodies;
e) Assess the needs of education in the affected areas, develop appropriate curricula and expand, as necessary, adult education and elementary education programmes, as well as access opportunities for all, especially for young people and women, on the identification, conservation, sustainable use and management of the natural resources of the affected areas, and
f) Prepare interdisciplinary programmes based on participation that integrate awareness raising and drought in education systems, as well as non-academic, adult, distance and education programmes practice.
4. The Conference of the Parties shall establish, and/or reinforce, networks of regional education and training centers to combat desertification and mitigate the effects of drought. The coordination of these networks will be carried out by an institution created or designated to this effect, in order to train the scientific, technical and administrative staff and to strengthen the institutions responsible for education and training in the countries Parties concerned, as appropriate, with a view to the harmonisation of programmes and the exchange of experience between them. The networks shall cooperate closely with the competent intergovernmental and non-governmental organisations to avoid duplication of effort.
ARTICLE 20. FINANCIAL RESOURCES.
1. Given the central importance of funding to achieve the objective of the Convention, the Parties, taking into account their capabilities, will make every effort to ensure that sufficient financial resources are available for the Parties. programmes to combat desertification and to mitigate the effects of drought.
2. To this end, the developed countries, giving priority to the affected African Parties and without neglecting the affected developing countries of other regions, in accordance with Article 7, are committed to:
a) Mobilize substantial financial resources, including in the quality of grants and loans on favorable terms, to support the implementation of programs to combat desertification and mitigation of the effects of drought;
b) Promote the mobilisation of sufficient, timely and predictable resources, including new and additional resources from the Global Environment Facility for additional agreed expenditure on anti-government activities. desertification related to its four main areas of action, in accordance with the relevant provisions of the instrument by which that Fund was established;
c) Facilitating the transfer of technologies, knowledge and experience through international cooperation, and
d) Investigate, in cooperation with the developing countries concerned, novel methods and incentives to mobilise and channel resources, including those from foundations, non-governmental organisations and other entities in the sector private, in particular debt swaps and other new means of increasing financial resources by reducing the burden of external debt of the developing countries concerned, particularly those in Africa.
3. The developing countries concerned, taking into account their capacities, undertake to mobilise sufficient financial resources for the implementation of their national action programmes.
4. By mobilising financial resources, the Parties shall endeavour to make full use of and qualitatively improve all national, bilateral and multilateral sources and financing mechanisms, using consortia, joint programmes and funding. In addition, they will ensure that private sector sources and financing mechanisms, including those of non-governmental organisations, are involved. To this end, the Parties shall fully use the operational mechanisms established under Article 14.
5. In order to mobilise the financial resources necessary for the developing countries concerned to combat desertification and mitigate the effects of drought, the Parties shall:
a) Rationalize and strengthen the management of the resources already allocated to combat desertification and mitigate the effects of drought, using them more effectively and efficiently, assessing their successes and their limitations, eliminating the obstacles preventing their effective use and redirecting, where necessary, programmes in the light of the integrated and long-term criteria adopted in compliance with this Convention;
(b) In the field of the management bodies of financial institutions and services and multilateral funds, including regional development banks and funds, they will give due priority and give due attention to support to the countries Developing parties concerned, in particular those in Africa, to carry out activities facilitating the implementation of the Convention, in particular the action programmes which these countries undertake in the framework of the Annexes to regional implementation; and
c) Examine ways to strengthen regional and subregional cooperation to support efforts at national level.
6. Other Parties are encouraged to provide, on a voluntary basis, knowledge, experience and techniques related to desertification and/or financial resources to the developing countries concerned.
7. Full implementation by the developing countries concerned, especially by Africans, of their obligations under the Convention, will be greatly facilitated by the implementation by the developed countries of their obligations under the Convention. the Convention, including in particular those relating to financial resources and technology transfer. Developed Party countries should take full account of the fulfilment of their obligations that economic and social development and poverty eradication are the main priorities of the developing countries concerned, in particular the Africans.
ARTICLE 21. FINANCIAL MECHANISMS.
1. The Conference of the Parties shall promote the availability of financial mechanisms and encourage those mechanisms to try to increase the availability of funding for the affected developing countries, in particular, to the extent possible. The Convention will be applicable to Africa. To this end, the Conference of the Parties shall consider the adoption, inter alia, of approaches and policies which:
(a) Facilitate the provision of the necessary funding at national, sub-regional, regional and global levels for activities to be carried out in compliance with the relevant provisions of the Convention;
(b) Promote modalities, mechanisms, and financing devices on the basis of multiple sources, as well as their assessment, that are compatible with the provisions of Article 20;
c) regularly provide stakeholders, as well as relevant intergovernmental and non-governmental organisations, with information on available sources of funds and on funding criteria to facilitate the coordination between them;
d) Facilitate the establishment, as appropriate, of mechanisms such as national desertification funds, including those involving the participation of non-governmental organizations, in order to channel, quickly and efficient, financial resources for actions at local level in the affected developing countries, and
e) Strengthen existing funds and financial mechanisms at the sub-regional and regional level, in particular in Africa, to more effectively support the implementation of the Convention.
2. The Conference of the Parties shall also encourage, through various mechanisms of the United Nations system and through multilateral financing institutions, support at national, sub-regional and regional level for the activities that allow developing countries to fulfil their obligations under the Convention.
3. The developing countries concerned shall use and, where necessary, establish and/or strengthen the national coordination mechanisms integrated into national development programmes, which ensure the efficient use of all resources. Financial resources. They will also use participation processes, covering non-governmental organisations, local groups and the private sector, in order to obtain funds, develop and implement programmes and ensure that local level groups have access to the funding. Such actions may be facilitated by better coordination and flexible programming on the part of those who provide assistance.
4. In order to increase the effectiveness and efficiency of the existing financial mechanisms, a Global Mechanism is hereby established to promote measures to mobilise and channel to the developing countries concerned. substantial financial resources, including the transfer of technology, on the basis of grants and/or loans under favourable conditions or other similar conditions. This Global Mechanism shall operate under the direction and direction of the Conference of the Parties and shall be accountable to the Conference of the Parties.
5. In its first regular session, the Conference of the Parties shall identify the entity to be the host organisation of the Global Mechanism.
The Conference of the Parties and the organization identifying them shall agree on certain modalities to ensure, inter alia, that the Global Mechanism:
a) Identify and take stock of the relevant bilateral and multilateral cooperation programmes available for the implementation of the Convention;
(b) Provide advice to the Parties, their request, as regards innovative methods of financing and sources of financial assistance, and how to improve the coordination of cooperation activities at national level;
c) Provide relevant information on available sources of funds and funding modalities to stakeholders and relevant intergovernmental and non-governmental organisations, to facilitate coordination between those Parties; and
d) Report on its activities to the Conference of the Parties, starting from its second regular session.
6. At its first session, the Conference of the Parties shall adopt, with the entity that has identified as the host organisation of the Global Mechanism, the appropriate arrangements for the administrative functioning of that mechanism, on the basis, as far as possible, of existing budgetary resources and human resources.
7. At its third regular session, the Conference of the Parties shall examine the policies, modalities of operation and activities of the Global Mechanism responsible to it in accordance with paragraph 4. Article 7or. On the basis of this examination, it will study and adopt the relevant measures.
INSTITUTIONS
ARTICLE 22. CONFERENCE OF THE PARTIES.
1. A Conference of the Parties is hereby established.
2. The Conference of the Parties shall be the supreme body of the Convention and, in accordance with its mandate, shall take the necessary decisions to promote its effective implementation. In particular, the Conference of the Parties shall:
(a) regularly examine the implementation of the Convention and the institutional arrangements in the light of experience gained at national, sub-regional, regional and international levels and on the basis of the development of scientific knowledge and technology;
b) Promote and facilitate the exchange of information on measures taken by the Parties, determine the manner and timing of the transmission of the information to be submitted in accordance with Article 26, examine reports, and make recommendations about them;
(c) It shall establish the subsidiary bodies it deems necessary to implement the Convention;
d) Examine the reports submitted by its subsidiary bodies and provide guidance to these bodies;
e) Agreed and approve, by consensus, its financial regulation and regulation, as well as those of subsidiary bodies;
f) Approve amendments to the Convention, in accordance with Articles 30 and 31;
g) Approve a program and a budget for its activities, including those of its subsidiary bodies, and adopt the necessary arrangements for its financing;
(h) Request and use, as appropriate, the services of competent bodies and bodies, whether national or international, intergovernmental and non-governmental, and the information provided by them;
i) Promote and strengthen relationships with other relevant conventions by avoiding duplication of effort; and
j) Shall perform the other functions deemed necessary to achieve the objective of the Convention.
3. At its first session, the Conference of the Parties shall adopt by consensus its own rules of procedure, which shall include procedures for the adoption of decisions on matters to which the decision-making procedures are not applied. stipulated in the Convention. The majority required for the adoption of certain decisions may be specified in those procedures.
4. The first session of the Conference of the Parties shall be convened by the provisional secretariat referred to in Article 35 and shall take place no later than one year after the entry into force of the Convention. Unless the Conference of the Parties decides otherwise, the ordinary second, third and fourth sessions shall be held annually; thereafter, the regular sessions shall take place every two years.
5. The extraordinary sessions of the Conference of the Parties shall be held each time the Conference decides in an ordinary session, or at the request of one of the Parties in writing, provided that within three months following the date on which the Permanent Secretariat has transmitted to the Parties such a request, it shall be supported by at least one third of the Parties.
6. At each regular session, the Conference of the Parties shall elect a Bureau. The structure and functions of the Bureau shall be laid down in the Rules of Procedure. In choosing the Bureau, due attention must be paid to the need to ensure an equitable geographical distribution and adequate representation of the countries concerned, particularly those in Africa.
7. The United Nations, its specialised bodies, as well as any Member State or observer in them which is not a Party to the Convention, may be represented at the sessions of the Conference of the Parties as observers. Any body or body is national or international, governmental or non-governmental, competent in the matters covered by the Convention which has informed the Permanent Secretariat of its wish to be represented at a session of the Conference of the Parties as an observer may be admitted to this quality unless one third of the Parties present is opposed.
The admission and participation of observers shall be governed by the regulations adopted by the Conference of the Parties.
8. The Conference of the Parties may request competent national and international organisations, and in particular relevant areas, to provide information in relation to article 16, paragraph 1o (c). of article 17 and paragraph 2 (b). of article 18.
ARTICLE 23. PERMANENT SECRETARY.
1. A Permanent Secretariat is hereby established.
2. The functions of the Permanent Secretariat shall be as follows:
(a) Organise the sessions of the Conference of the Parties and the subsidiary bodies established under the Convention and provide them with the necessary services;
b) Reunite and transmit the reports presented to you;
(c) Provide assistance to the developing countries concerned, in particular those in Africa, if they so request, to meet and transmit the information required under the provisions of the Convention;
d) Coordinate their activities with the Secretariats of other relevant international bodies and conventions;
e) Make administrative and contractual arrangements that require the effective performance of their duties, under the general direction of the Conference of the Parties;
f) Prepare reports on the performance of their duties under the Convention and submit them to the Conference of the Parties; and
g) To perform the other functions of the Secretariat as determined by the Conference of the Parties.
3. During its first session, the Conference of the Parties shall appoint a Permanent Secretariat at its first session and shall adopt the necessary arrangements for its operation.
ARTICLE 24. SCIENCE AND TECHNOLOGY COMMITTEE.
1. A Committee on Science and Technology, as a subsidiary body, is hereby set up to provide the Conference of the Parties with information and scientific and technological advice on matters relating to the fight against terrorism. desertification and mitigation of the effects of drought. The Committee, whose meetings shall be held in conjunction with the sessions of the Parties, shall be multidisciplinary and shall be open to the participation of all Parties. It shall be composed of government representatives competent in the fields of expertise.
The Conference of the Parties shall approve the mandate of the Committee in its first session.
2. The Conference of the Parties shall draw up and maintain a list of independent experts with expertise and experience in relevant areas. The list shall be based on the entries received in writing from the Parties and shall take into account the need for a multi-disciplinary approach and broad geographical representation.
3. The Conference of the Parties may, as appropriate, appoint ad hoc groups to provide, through the Committee, information and advice on specific issues relating to scientific and technological developments of interest. for the fight against desertification and the mitigation of the effects of drought. These groups shall be composed of experts on the list, and the need for a multi-disciplinary approach and broad geographical representation shall be taken into account in their integration. Those experts shall have scientific training and experience on the ground and their appointment shall be the responsibility of the Conference of the Parties, on the recommendation of the Committee. The Conference of the Parties shall approve the terms of reference and the working arrangements of these groups.
ARTICLE 25. NETWORK OF INSTITUTIONS, BODIES AND ORGANS.
1. The Committee on Science and Technology, under the supervision of the Conference of the Parties, will adopt provisions to undertake a study and an evaluation of the existing networks, institutions, bodies and relevant bodies that they wish to carry out. to be a unit of a network. This network will support the implementation of the Convention.
2. On the basis of the results of the study and the assessment referred to in the paragraph. and this Article, the Committee on Science and Technology shall make recommendations to the Conference of the Parties on means of facilitating and strengthening the integration into networks of units at local and national level or at other levels for the purpose of ensure that you address the specific needs listed in 16 to 19.
3. Taking into account those recommendations, the Conference of the Parties:
a) Identify the most suitable national, sub-regional, regional and international units to be integrated into networks and recommend operational procedures and timing for this; and
b) Identify which units are the most suitable for facilitating integration into networks and strengthening it at all levels.
ARTICLE 26. INFORMATION COMMUNICATION.
1. Each Party shall communicate to the Conference of the Parties, through the Permanent Secretariat, reports on the measures it has taken pursuant to this Convention for the Conference to examine them in its periods. ordinary sessions. The Conference of the Parties shall determine the time limits for submission and the format of such reports.
2. The countries concerned shall provide a description of the strategies they have adopted in accordance with Article 5or. of this Convention, as well as any relevant information on its implementation.
3. Affected Party countries that run action programs in accordance with 9or. to 15, they shall provide a detailed description of those programmes and their implementation.
4. Any group of countries concerned may submit a joint communication on the measures taken at the sub-regional or regional level in the framework of the action programmes.
5. Developed Party countries shall report on the measures they have taken to contribute to the preparation and implementation of the action programmes, including information on the financial resources they have provided or are providing under this Convention.
6. The information transmitted in accordance with paragraph 1. to 4th. This Article shall be communicated as soon as possible by the Permanent Secretariat to the Conference of the Parties and to the relevant subsidiary bodies.
7. The Conference of the Parties shall facilitate the provision to the developing countries concerned, in particular in Africa, upon request, technical and financial support to gather and communicate information in accordance with this Article, as well as for identify the technical and financial needs related to the action programmes.
ARTICLE 27. MEASURES TO RESOLVE IMPLEMENTATION ISSUES. The Conference of the Parties will examine and adopt institutional procedures and mechanisms to resolve issues that may arise in connection with the implementation of the convention.
ARTICLE 28. DISPUTE SETTLEMENT.
1. Any dispute between the Parties concerning the interpretation or application of the Convention shall be resolved by negotiation or any other peaceful means of its choice.
2. When ratifying, accepting or approving the Convention or acceding to it, or at any time thereafter, any Party other than a regional economic integration organization may declare in a written instrument submitted to it a depositary that, in respect of any dispute over the interpretation or application of the Convention, recognises as binding in relation to any Party accepting the same obligation one or both of the following means for the dispute settlement:
(a) Arbitration in accordance with a procedure adopted as soon as possible by the Conference of the Parties to an Annex;
b) The presentation of the controversy to the International Court of Justice.
3. A Party which is a regional economic integration organisation may make a statement of similar effect in relation to the arbitration, in accordance with the procedure referred to in paragraph 2 (a). of this Article.
4. Statements to be made in accordance with paragraph 2. of this Article shall remain in force until their expiry within the period prescribed therein or until a period of three months from the date on which the written notification of their revocation has been given to the depositary.
5. The expiration of a declaration, a notice of revocation or a new declaration shall in no way affect proceedings pending before an arbitration tribunal or the International Court of Justice, unless the Parties to the controversy agree otherwise.
6. The Parties to a dispute, in the event that they do not accept the same procedure or any of the procedures provided for in paragraph 2. of this Article, if they have failed to resolve their dispute within 12 months of the date on which one of them has notified the other of the existence of such a dispute, they shall, at the request of any of the in accordance with the procedure adopted as soon as possible by the Conference of the Parties to an Annex.
ARTICLE 29. LEGAL STATUS OF THE ANNEXES.
1. The Annexes form an integral part of the Convention and, unless otherwise expressly provided, any reference to the Convention is a reference to its Annexes.
2. The Parties shall interpret the provisions of the Annexes in accordance with the rights and obligations incumbent upon them in accordance with the Articles of the Convention.
ARTICLE 30. AMENDMENTS TO THE CONVENTION.
1. Either Party may propose amendments to the Convention.
2. Amendments to the Convention shall be adopted at an ordinary session of the Conference of the Parties. The text of the draft amendment shall be communicated to the Parties by the Permanent Secretariat at least six months before the date of its proposal. The Permanent Secretariat shall also communicate the draft amendments to the signatories of the Convention.
3. The Parties shall endeavour to reach agreement by consensus on any draft amendment to the Convention. In the event that all possibilities of consensus are exhausted without an agreement being reached, as a last resort the amendment shall be approved by a two-thirds majority of the Parties present and voting in the session. The Permanent Secretariat shall communicate the approved amendment to the depositary, which shall make it reach all Parties for ratification, acceptance, approval or accession.
4. The instruments of ratification, acceptance or approval of the amendments or of accession shall be submitted to the depositary. The amendments adopted in accordance with paragraph 3. of this Article shall enter into force for the Parties which have accepted them on the ninetieth day from the date on which the depositary has received the instruments of ratification, acceptance, approval or accession of at least two-thirds of the the Parties to the Convention, which have also been Parties to the Convention at the time of the adoption of the amendments.
5. The amendments shall enter into force for the other Parties on the ninetieth day from the date on which they have given the depositary their instruments of ratification, acceptance or approval of the amendments or of accession to them.
6. For the purposes of this Article and Article 31, "Parties present and voters" means Parties present that cast an affirmative or negative vote.
ARTICLE 31. APPROVAL AND AMENDMENTS TO THE ANNEXES.
1. Any additional Annex to the Convention and any amendment to an annex shall be proposed and approved in accordance with the procedure for amendment of the Convention set out in Article 30,that, when approve an additional regional application annex or an amendment to any regional application annex, the majority provided for in that article comprising a two-thirds majority of the Parties present and voters in the region concerned. The approval or amendment of an Annex shall be communicated by the depositary to all Parties.
2. Any Annex which is not a regional application annex, or any amendment to an annex other than an amendment to a regional application annex, which has been approved in accordance with paragraph 1. of this Article, shall enter into force for all Parties to the Convention six months after the date on which the depositary has communicated to the Parties the approval of that Annex or amendment, with the exception of the Parties which have notified in writing to the depositary, within that period, its non-acceptance of the Annex or of the amendment. For Parties which have withdrawn their notification of non-acceptance, the Annex or the amendment shall enter into force on the ninetieth day from the date on which the depositary has received the withdrawal of such notification.
3. Any additional regional application or any amendment to any regional application annex which has been approved in accordance with paragraph 1. of this Article, shall enter into force for all Parties to the Convention six months after the date on which the depositary has communicated to the Parties the approval of that Annex or amendment, with the exception of:
(a) Parties which have notified in writing to the depositary, within that six-month period, their non-acceptance of that additional regional application or amendment to a regional application annex. For Parties that have withdrawn their notification of non-acceptance, the Annex or amendment shall enter into force on the ninetieth day from the date on which the depositary has received the withdrawal of such notification; and
(b) Parties which have made a declaration in respect of the additional annexes of regional application or amendments to the Annexes of regional application, in accordance with paragraph 4. of Article 34. In this case, the Annexes or amendments shall enter into force for those Parties on the ninetieth day from the date on which they deposit their instrument of ratification, acceptance or approval of the annexes or amendments or of accession to them.
4. If the approval of an annex or an amendment to an annex involves amending the Convention, that Annex or amendment shall not enter into force as long as the amendment to the Convention does not enter into force.
1. Subject to the provisions of paragraph 2. of this Article, each Party to the Convention shall have one vote.
2. Regional economic integration organisations shall exercise their right to vote with a number of votes equal to the number of their Member States which are Parties to the Convention. Such organisations shall not exercise their right to vote if any of their Member States exercises their right and vice versa.
FINAL PROVISIONS
ARTICLE 33. FIRST. This Convention shall be open to the signature of the Member States of the United Nations or any of its specialized agencies or which are Parties to the Statute of the International Court of Justice, and of the In the case of regional economic integration, in Paris on 14 and 15 October 1994, and subsequently at the United Nations Headquarters in New York, until 13 October 1995.
ARTICLE 34. RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION.
1. The Convention shall be subject to ratification, acceptance, approval or accession by States and regional economic integration organisations. It shall be open for accession from the day following the day on which the Convention is closed to the signature. Instruments of ratification, acceptance, approval or accession shall be deposited with the depositary.
2. Regional economic integration organisations which become Parties to the Convention without any of their Member States being parties to the Convention shall be subject to all the obligations incumbent upon them under the Convention.
In the case of organizations that have one or more Member States that are Parties to the Convention, the organization in question and its Member States shall determine their respective responsibilities for compliance with the obligations incumbent upon them under the Convention. In such cases, the organisation and its Member States may not exercise the rights conferred by the Convention at the same time.
3. Regional economic integration organisations shall define in their instruments of ratification, acceptance, approval or accession the extent of their competence in respect of matters governed by the Convention. Such organisations shall also communicate without delay any substantial modification of the scope of their competence to the depositary, which shall in turn communicate it to the Parties.
4. In its instrument of ratification, acceptance, approval or accession any Party may declare in connection with any additional regional application or any amendment to a regional implementation agreement that they shall enter into force for that purpose. only once the respective instrument of ratification, acceptance, approval or accession is deposited.
ARTICLE 35. PROVISIONAL PROVISIONS. The functions of the Secretariat referred to in Article 23 shall be performed on a provisional basis, until the Conference of the Parties concludes its first term of office. meetings, by the Secretariat established by the General Assembly of the United Nations in its Resolution 47, 188 of 22 December 1992.
1. The Convention shall enter into force on the ninetieth day from the date on which the fiftieth instrument of ratification, acceptance, approval or accession has been deposited.
2. As regards each State or regional economic integration organisation which ratifies, accepts or approves the Convention or acceded to it once the fiftieth instrument of ratification, acceptance, approval or accession has been deposited, the Convention shall enter into force on the ninetieth day from the date on which the State or the organisation concerned has deposited its instrument of ratification, acceptance or accession.
3. For the purposes of paragraph 1. and 2o. of this Article, the instrument deposited by a regional economic integration organisation shall not be considered as additional to those deposited by the Member States of the organisation.
ARTICLE 37. RESERVATIONS. No reservations may be made to this Convention.
1. Either Party may denounce the Convention by written notification to the depositary at any time after three years after the date on which the Convention has entered into force for the Party of be treated.
2. The complaint shall take effect after a year from the date on which the depositary has received the relevant notification or, at the latest, on the date indicated in the notification.
ARTICLE 39. DEPOSITARY. The Secretary-General of the United Nations shall be the depositary of the Convention.
ARTICLE 40. AUTHENTIC TEXTS. The original of this Convention, whose texts in Arabic, Chinese, Spanish, French, English and Russian are equally authentic, shall be deposited with the Secretary-General of the United Nations.
In testimony to which the undersigned, duly authorized to this effect, have signed this Convention.
Made in Paris, on the seventeenth day of June thousand nine hundred and ninety-four.
ANNEX I.
Regional Application Attachment for Africa
ARTICLE 1o. REACH. This Annex applies to Africa, in relation to each of the Parties and in accordance with the Convention, in particular Article 7o thereof, for the purpose of combating desertification and/or mitigating the effects of the drought on its dry, semi-arid and sub-wet areas.
ARTICLE 2o. OBJECT. In the light of the particular conditions of Africa, the object of this Annex, at the national, subregional and regional levels of Africa, is as follows:
(a) Determine measures and provisions, including the character and processes of assistance provided by the developed Parties in accordance with the relevant provisions of the Convention;
b) Providing efficient and practical implementation of the Convention that meets the specific conditions of Africa, and
c) Promote processes and activities related to the fight against desertification and/or the mitigation of drought effects in arid, semi-arid and dry sub-humid areas of Africa.
ARTICLE 3o. PARTICULAR CONDITIONS OF THE AFRICAN REGION. In compliance with the obligations under the Convention, the Parties, when applying this Annex, shall adopt a basic criterion which takes into account the following conditions: particular from Africa:
a) The large proportion of dry, semi-arid and dry areas dry;
b) The considerable number of countries and inhabitants adversely affected by desertification and by the frequency of severe droughts;
c) The large number of landlocked countries affected;
(d) The widespread poverty in most of the countries affected, the large number of least developed countries among them, and the need for a considerable volume of external assistance, consisting of grants and loans in favourable conditions for the pursuit of its development objectives;
e) The difficult socio-economic conditions, exacerbated by the deterioration and fluctuations of the exchange relationship, external indebtedness and political instability, which lead to internal, regional and international migrations;
f) The great dependence of populations on natural resources for their subsistence, which, aggravated by the effects of trends and demographic factors, a low technological base and unsustainable production practices, contributes to a severe degradation of resources;
g) Poor institutional and legal frameworks, poor infrastructure base and lack of scientific, technical and educational capacity that makes capacity building needs great; and
(h) The central role of activities to combat desertification and/or mitigate the effects of drought on the national development priorities of the affected African countries.
ARTICLE 4. COMMITMENTS AND OBLIGATIONS OF THE AFRICAN PARTIES.
1. In accordance with their respective capacities, the African Parties undertake to:
a) Take the fight against desertification and/or mitigate the effects of drought as a central strategy of their efforts to eradicate poverty;
b) Promote regional cooperation and integration, in a spirit of solidarity and partnership based on mutual interest, in programs and activities to combat desertification and/or mitigate the effects of drought;
c) To rationalise and strengthen existing institutions dealing with desertification and drought and to involve other existing institutions, as appropriate, in order to increase their effectiveness and to ensure more efficient of resources;
d) Promote the exchange of information on appropriate technologies, knowledge, experience and practices among countries in the region; and
e) Develop contingency plans to mitigate the effects of drought in areas degraded by desertification and/or drought.
2. In compliance with the general and specific obligations laid down in Articles 4 or 4. and 5o. of the Convention, the African Parties concerned shall endeavour to:
a) Allocate appropriate financial resources from their national budgets in accordance with national conditions and capabilities, reflecting the new degree of priority that Africa attributes to the phenomenon of desertification and/or drought;
b) Carry out and consolidate the reforms currently underway in the field of decentralization, resource tenure and the promotion of the participation of local populations and communities; and
c) Determine and mobilize new and additional financial resources at the national level and increase, as a matter of priority, national capacity and means to mobilize internal financial resources.
ARTICLE 5o. COMMITMENTS AND OBLIGATIONS OF THE DEVELOPED STATES.
1. When fulfilling the obligations laid down in Articles 4 (2), 6 or 6. and 7o. of the Convention, the developed countries shall give priority to the countries of the African Parties concerned and, in this context:
a) They will help them to combat desertification and/or mitigate the effects of drought among other things by providing them with financial or other resources or by providing access to them and promoting, financing or helping to finance the the transfer and adaptation of appropriate environmental technologies and knowledge and access to them, as agreed by mutual agreement and in accordance with national policies, taking into account their adoption of the strategy of eradicating the poverty, as a central strategy;
b) They will continue to allocate considerable resources and/or increase resources to combat desertification and/or mitigate the effects of drought, and
c) They will help them strengthen their capacities so that they can improve their institutional structures and their scientific and technical capacities, meeting and analysis of information and research and development work for the purposes of combating the desertification and/or mitigate the effects of drought.
2. Other countries Parties may voluntarily provide technology, knowledge and experience related to decertification and/or financial resources to the affected African Parties. International cooperation will facilitate the transfer of these theoretical and practical and technical knowledge.
ARTICLE 6o. STRATEGIC FRAMEWORK FOR SUSTAINABLE DEVELOPMENT PLANNING.
1. The national action programmes will be a central and integral part of a broader process of formulating national policies for sustainable development in the affected African countries.
2. A consultation and participation process will be launched, in which appropriate levels of government, local populations and communities and non-governmental organisations will be involved, in order to provide guidance on a strategy of Flexible planning that allows for the maximum participation of local populations and communities. Bilateral and multilateral assistance agencies may participate in this process, at the request of an affected African country.
ARTICLE 7o. TIMETABLE FOR DRAWING UP THE ACTION PROGRAMMES. Until the entry into force of the Convention, the African Parties, in collaboration with other members of the international community, as appropriate and as far as possible, apply provisionally the provisions of the Convention relating to the development of national, sub-regional and regional action programmes.
ARTICLE 8o. CONTENT OF THE NATIONAL ACTION PROGRAMMES.
1. In accordance with Article 10 of the Convention, the overall strategy of the national action programmes shall place emphasis on integrated local development programmes in the areas concerned, based on mechanisms for participation and on the integration of poverty eradication strategies in efforts to combat desertification and mitigate the effects of drought. The programmes will aim to strengthen the capacity of local authorities and to ensure the active participation of local populations, communities and groups, with particular emphasis on education and training, the mobilisation of Non-governmental organisations of recognised experience and the consolidation of decentralised government structures.
2. The national action programmes shall, as appropriate, present the following general characteristics:
(a) The use in its elaboration and execution of the experience of the fight against desertification and/or the mitigation of the effects of the drought, taking into account the social, economic and ecological conditions;
b) The determination of factors contributing to desertification and/or drought and the resources and resources available and necessary, and the establishment of appropriate policies and measures of reaction and institutional and other provisions the nature of the effects and/or mitigation of their effects; and
c) The increase in the participation of local populations and communities, in particular women, farmers and pastoralists, and the delegation of more management responsibilities.
3. As appropriate, the national action programmes shall include the following measures:
a) Measures to improve the economic environment with a view to eradicating poverty:
i) Providing increased income and employment opportunities, especially for the poorest members of the community, by:
-The creation of markets for agricultural products.
-The creation of financial instruments adapted to local needs.
-The promotion of diversification in agriculture and the creation of agricultural enterprises, and
-The development of economic activities for agriculture and non-agricultural,
ii) Improving the long-term prospects of rural economies by:
-The creation of incentives for productive investments and possibilities of access to the means of production, and
-The adoption of pricing and tax policies and commercial practices that promote growth;
iii) Adoption and implementation of population and migration policies to reduce demographic pressure on land; and
iv) Promotion of drought-resistant crops and integrated dry crop systems for food security purposes;
b) Measures to conserve natural resources:
i) Vellar for an integrated and sustainable management of natural resources, encompassing:
-Agricultural and grazing land.
-Plant cover and wild flora and fauna.
-Forests.
-Water resources and their conservation, and
-Biological diversity.
ii) Improve training in techniques related to the sustainable management of natural resources, strengthen environmental awareness and education campaigns, and disseminate knowledge about them; and
(iii) Vellar for the development and efficient use of various energy sources, the promotion of alternative energy sources, in particular solar energy, wind energy and biogas, and to adopt specific provisions for the the transfer, acquisition and adaptation of the relevant technology in order to alleviate the pressures to which fragile natural resources are subject;
c) Measures to improve institutional organization:
i) Determine the roles and responsibilities of the central government and local authorities in the framework of a land use planning policy;
ii) Promote a policy of active decentralisation whereby management and decision-making responsibilities are delegated to local authorities, and stimulate the initiative and responsibility of local communities and the creation of of local structures, and
iii) Introduce the necessary adjustments in the institutional and regulatory framework for the management of natural resources to ensure the security of land tenure for local populations;
d) Measures to improve knowledge of desertification:
i) Promote research and meeting, treatment and exchange of information on the scientific, technical and socio-economic aspects of desertification;
ii) Promoting national research capacity as well as meeting, processing, exchange and analysis of information to ensure that the phenomena are better understood and that the results of the analysis are reflected in concrete operations; and
iii) Promote the medium-and long-term study of:
-Socio-economic and cultural trends in affected areas,
-The qualitative and quantitative trends of natural resources, and
-The interaction of climate and desertification, and
e) Measures to monitor and calibrate the effects of drought:
i) Develop strategies to calibrate the effects of natural climate variations on drought and desertification at regional level and/or use forecasts of climatic variations on seasonal or annual time scales in efforts to mitigate the effects of drought;
ii) Improving early warning systems and reaction capacity, ensuring the efficient management of emergency relief and food aid, and perfecting food supply and distribution systems, protection of livestock, public works and livelihoods for drought-prone areas, and
iii) To monitor and calibrate ecological degradation in order to provide reliable and timely information on this process and the dynamics of resource degradation in order to facilitate the adoption of better policies and reaction measures.
ARTICLE 9o. PREPARATION OF THE NATIONAL ACTION PROGRAMMES AND INDICATORS FOR IMPLEMENTATION AND EVALUATION. Each of the affected African Parties shall appoint an appropriate national coordination body to carry out a catalytic function. in the preparation, implementation and evaluation of its national action programme.
This coordinating body, in accordance with Article 3o. and as appropriate:
a) Determinate and examine measures, starting with a local consultation process involving local populations and communities and cooperation between local administrations, donor countries and intergovernmental organizations and not governed, on the basis of initial stakeholder consultations at national level;
(b) Determinate and analyse the constraints, needs and inadequacies affecting the development and sustainable use of land and recommend practical measures to avoid duplication of effort by making the most of the relevant activities in progress and promoting the implementation of the results;
(c) Facilitate, programme and formulate project activities based on interactive and flexible criteria to ensure the active participation of the populations in the affected areas and to minimise the adverse effects of these activities, and shall determine the needs for financial assistance and technical cooperation by establishing an order of priorities between them;
(d) Establish relevant indicators that are quantifiable and easily verifiable to ensure the preliminary examination and evaluation of national action programmes, which include short-, medium-and long-term measures, and the implementation of such agreed national action programmes; and
e) Preparing reports on progress made in the implementation of the national action programmes.
ARTICLE 10. INSTITUTIONAL FRAMEWORK FOR REGIONAL ACTION PROGRAMMES.
1. In accordance with Article 4. of the Convention, the countries of Africa shall cooperate in the preparation and implementation of sub-regional action programmes for Central, Eastern, Northern, Southern and Western Africa. To this end, the following responsibilities may be delegated to the competent intergovernmental organisations:
(a) Serve as coordination centres for preparatory activities and coordinate the implementation of sub-regional action programmes;
b) Provide assistance for the preparation and implementation of national action programmes;
c) Facilitate the exchange of information, experience and knowledge and provide advice for the review of national legislation; and
d) Any other liability related to the implementation of sub-regional action programmes.
2. Specialised sub-regional institutions may provide their support on request and may be entrusted with responsibility for coordinating activities in their respective spheres of competence.
ARTICLE 11. CONTENT AND DEVELOPMENT OF THE SUB-REGIONAL ACTION PROGRAMMES. The sub-regional action programmes will focus on the issues that are best to be addressed at the sub-regional level. Sub-regional action programmes shall establish, where necessary, mechanisms for the management of shared natural resources. In addition, such mechanisms will deal effectively with cross-border problems related to desertification and drought and will provide support for the concerted implementation of the national action programmes. The priority areas of the sub-regional action programmes will be focused as appropriate on the following:
(a) Joint programmes for the sustainable management of cross-border natural resources through bilateral and multilateral mechanisms, as appropriate;
b) Coordination of programs for the development of substitute energy sources;
c) Cooperation in the management and control of plant and animal pests and diseases;
d) The activities to promote the capacities, education and awareness that are best provided to be carried out or supported at the sub-regional level;
e) Scientific and technical cooperation, particularly in the field of climatology, meteorology and hydrology, including the creation of networks for the meeting and evaluation of data, the exchange of information and the monitoring of projects, as well as how the coordination of research and development activities and the setting of priorities for these activities;
f) Early warning systems and joint planning to mitigate the effects of drought, including measures to address problems caused by migration induced by environmental factors;
g) The search for means to exchange experience, particularly in relation to the participation of local populations and communities, and the creation of a favorable environment for the improvement of land use management and use of appropriate technologies;
(h) Promoting the capacity of sub-regional organisations to coordinate and provide technical services and the establishment, reorientation and strengthening of sub-regional centres and institutions; and
i) The formulation of policies in areas that, like trade, have an impact on the affected areas and populations, including policies to coordinate regional marketing regimes and to create a common infrastructure.
ARTICLE 12. INSTITUTIONAL FRAMEWORK OF THE REGIONAL ACTION PROGRAMME.
1. In accordance with Article 11 of the Convention, the countries of Africa shall jointly determine the procedures for drawing up and implementing the regional action programme.
2. The Parties may provide the necessary support to the relevant regional institutions and organisations in Africa so that they are in a position to fulfil the responsibilities conferred upon them by the Convention.
ARTICLE 13. CONTENT OF THE REGIONAL ACTION PROGRAMME. The regional action programme shall contain measures relating to the fight against desertification and/or the mitigation of the effects of drought in the following priority areas, corresponds:
(a) Development of regional cooperation and coordination of sub-regional action programmes to create consensus at regional level on the main regulatory areas, including through regular consultations between the Member States. sub-regional organisations;
b) Building capacity with respect to the activities best indicated for the implementation at regional level;
c) The search for solutions in conjunction with the international community for global economic and social issues affecting the affected areas, taking into account paragraph 2 (b). Article 4 (1) of the Convention;
d) Promotion of the exchange of information, appropriate techniques, technical expertise and relevant experience between the affected countries of Africa and its sub-regions and other affected regions; promotion of scientific cooperation and In particular in the field of climatology, meteorology, hydrology and substitute energy sources, coordination of sub-regional and regional research activities, and the identification of regional priorities in the field of research and development;
e) Coordination of networks for systematic observation and evaluation and exchange of information, and integration of these networks into global networks; and
f) Coordination and strengthening of early warning systems and subregional and regional plans to address drought contingencies.
ARTICLE 14. FINANCIAL RESOURCES.
1. In accordance with Article 20 of the Convention and with paragraph 2. Article 4o., the affected countries of Africa will seek to create a macroeconomic framework conducive to the mobilization of financial resources and will establish policies and procedures to better channel resources towards local development programmes, including through non-governmental organisations, as appropriate.
2. In accordance with paragraphs 4 or 4. and 5o. Article 21 of the Convention, the Parties agree to establish an inventory of sources of financing at national, sub-regional, regional and international levels to ensure the rational use of existing resources and to determine weaknesses in the allocation of resources in order to facilitate the implementation of the action programmes. The inventory will be reviewed and updated regularly.
3. In accordance with Article 7o. of the Convention, the developed countries will continue to allocate considerable resources or increase the resources allocated to the affected countries of Africa as well as other forms of assistance on the basis of agreements and arrangements of (a) the association referred to in Article 18, with due regard, inter alia, to matters relating to debt, international trade and marketing systems, as provided for in paragraph 2 (b). Article 4 (1) of the Convention.
ARTICLE 15. FINANCIAL MECHANISMS.
1. In accordance with the provisions of Article 7o. of the Convention, which stipulates that priority shall be given to the countries concerned in Africa, and taking into account the particular situation prevailing in that region, the Parties shall pay particular attention to the implementation in Africa of the provisions of points (d) and (e) of paragraph 1. Article 21 of the Convention, in particular:
a) To facilitate the establishment of mechanisms, as national funds to combat desertification, to channel financial resources for actions at the local level; and
b) To strengthen existing funds and financial mechanisms at the sub-regional and regional level.
2. In accordance with Articles 20 and 21 of the Convention, the Parties which are also members of the management bodies of relevant regional and sub-regional financial institutions, including the African Development Bank and the Fund African Development shall make efforts to ensure that priority is given to the activities of those institutions which promote the implementation of this Annex.
3. The Parties shall rationalise, as far as possible, the procedures for channelling financial resources to the affected African Parties.
ARTICLE 16. TECHNICAL ASSISTANCE AND COOPERATION. The Parties undertake, in accordance with their respective capacities, to rationalize the technical assistance provided to the African Parties and to cooperate with them in order to increase the effectiveness of projects and programmes among other things, by:
(a) The reduction of the cost of support and aid measures, especially of administration costs; in any case, such expenses will represent only a small percentage of the total cost of each project in order to ensure maximum efficiency of the projects;
b) the allocation of priority to the use of competent national experts or, where necessary, competent experts from the sub-region or the region for the formulation, preparation and implementation of projects and for the establishment of local capacity where it is lacking; and
c) The efficient administration, coordination and utilization of the technical assistance provided.
ARTICLE 17. TRANSFER, ACQUISITION, ADAPTATION OF AND ACCESS TO TECHNOLOGY. When applying Article 18 of the Convention on the Transfer, Acquisition, Adaptation and Development of Technology, the Parties undertake to provide priority for the African Parties and, if necessary, developing new models of partnership and cooperation with them in order to strengthen their capacities in the field of scientific research and development and the gathering and dissemination of information for that they can implement their strategies to combat desertification and mitigation of effects of the drought.
ARTICLE 18. COORDINATION AND ASSOCIATION AGREEMENTS.
1. The African Parties shall coordinate the preparation, negotiation and implementation of the national, subregional and regional action programmes.
They may participate, as appropriate, to other Parties and to the relevant intergovernmental and non-governmental organizations in the process.
2. The objective of such coordination shall be to ensure that financial and technical cooperation is consistent with the convention and to provide for the necessary continuity in the use and administration of resources.
3. The countries of Africa will organise consultation processes at national, sub-regional and regional levels. These query processes can:
a) Serve as a forum for negotiating and concluding association agreements based on such national, subregional, and regional programs; and
b) Specify the contribution of the African Parties and other members of the Advisory Groups to the programmes and set priorities and agreements with respect to the indicators for implementation and evaluation, as well as provisions financial for execution.
4. The Permanent Secretariat, at the request of the African Parties and in accordance with Article 23 of the Convention, may facilitate the convening of such consultative processes:
a) Advising on the organization of effective consultative agreements, taking advantage of the experience of other agreements of the same type;
b) Facilitating information to relevant bilateral and multilateral agencies on meetings or consultation processes, and encouraging them to participate actively; and
c) Facilitating any other information relevant to the performance or improvement of consultative arrangements.
5. Sub-regional and regional coordination bodies, inter alia:
a) They will recommend the introduction of appropriate adjustments to the association agreements;
(b) Monitor and evaluate the implementation of the agreed sub-regional and regional programmes and report on this; and
c) Seek to ensure efficient communication and cooperation among African Parties.
6. Participation in the advisory groups shall be open, as appropriate, to the governments, groups and donors concerned, the relevant funds and programmes of the United Nations system, sub-regional and regional organisations. and the representatives of the relevant non-governmental organisations. The participants in each advisory group shall determine the arrangements for their management and operation.
7. In accordance with Article 14 of the Convention, the developed countries are encouraged to initiate, on their own initiative, an informal process of consultation and coordination between them at the national, subregional and regional levels, and to participate, upon request of an affected African Party or an appropriate subregional or regional organisation, in a process of national, sub-regional or regional consultation to enable the assessment and attention to be given to the needs for assistance facilitate the execution.
ARTICLE 19. MONITORING PROVISIONS. Following the provisions of this Annex, the countries of Africa shall be responsible for the following: in accordance with the relevant Articles of the Convention:
(a) At national level, by way of a mechanism whose composition will be determined by each of the affected African Parties.
This mechanism will have the participation of representatives of the local communities and will function under the supervision of the national coordination body referred to in Article 9o.;
(b) At the sub-regional level, by means of a multi-disciplinary scientific and technical advisory committee whose composition and modalities of operation shall be determined by the African Parties in the sub-region concerned; and
(c) At regional level, by means of mechanisms determined in accordance with the relevant provisions of the Treaty establishing the African Economic Community and by means of a Scientific and Technological Advisory Committee for Africa.
ANNEX II
Regional Application Attachment for Asia
ARTICLE 1o. OBJECT. The purpose of this Annex is to point out guidelines and provisions for the effective implementation of the Convention in the countries concerned of the region of Asia in the light of the particular conditions of that region.
ARTICLE 2o. PARTICULAR CONDITIONS OF THE ASIA REGION. In the fulfilment of the obligations under the Convention, the Parties shall take into account, as appropriate, the following particular conditions, which are relevant to the varying degrees to the countries concerned Parties in the region:
(a) The large proportion of areas in their territories affected by desertification and drought or vulnerable to them and the enormous diversity of these areas in terms of climate, topography, land use and socio-economic systems;
b) Strong pressure on natural resources as livelihoods;
c) The existence of production systems directly related to widespread poverty, which cause land degradation and exert pressure on scarce water resources;
d) The important impact on these countries of the situation of the world economy and social problems such as poverty, poor health and nutrition conditions, lack of food security, migration, displacement of people and demographic dynamics;
e) The fact that their capacities and institutional structures are being expanded are still insufficient to address the problems of desertification and drought at the national level; and
f) Your need for international cooperation to achieve sustainable development goals related to the fight against desertification and the mitigation of the effects of drought.
ARTICLE 3o. FRAMEWORK OF THE NATIONAL ACTION PROGRAMMES.
1. The national action programmes will be an integral part of broader national policies for the sustainable development of the countries affected by the region.
2. The countries concerned shall draw up the national action programmes which are appropriate in accordance with Articles 9 or 9. to 11 of the Convention, paying particular attention to paragraph 2 (f). of Article 10. In this process, bilateral and multilateral cooperation bodies, as appropriate, may participate at the request of the relevant Party concerned.
ARTICLE 4. NATIONAL ACTION PROGRAMES.
1. When preparing and implementing their national action programmes, the countries concerned in the region, in accordance with their respective circumstances and policies, may adopt, inter alia, the following measures which they consider appropriate:
a) Designate appropriate organs that take care of the coordination and implementation of their action programs;
b) Making affected populations, including local communities, involved in the elaboration, coordination and implementation of their action programmes through a locally-based consultative process, in cooperation with the authorities local and relevant national and non-governmental organisations;
c) Study the state of the environment in affected areas to assess the causes and consequences of desertification and determine priority areas of action;
d) Evaluate, with the participation of the affected populations, the programs already implemented and those that are being applied in the fight against desertification and mitigation of the effects of the drought, to design a strategy and to point out the activities of its action programmes;
e) Preparing technical and financial programs on the basis of information obtained as a result of the activities referred to in points (a) to (d);
f) Develop and apply procedures and models to evaluate the execution of your action programs;
g) Promote integrated river basin management, conservation of soil resources, and the improvement and rational use of water resources;
h) The establishment and/or strengthening of information, evaluation and monitoring systems, as well as early warning systems, in regions prone to desertification and drought, taking into account the climatic factors, meteorological, hydrological, biological and other relevant factors; and
(i) Adopt, in a spirit of partnership and in the case of international cooperation, including financial and technical assistance, appropriate provisions in support of its action programmes.
2. In accordance with Article 10 of the Convention, the overall strategy of the national programmes will place emphasis on integrated local development programmes for the affected areas, based on mechanisms for participation and integration of strategies to eradicate poverty in efforts to combat desertification and to mitigate the effects of drought. The sectoral measures of the action programmes shall be grouped according to priority criteria which take account of the great diversity of the areas concerned in the region referred to in Article 2 (a).
ARTICLE 5o. SUB-REGIONAL ACTION PROGRAMS AND SETS.
1. In accordance with Article 11 of the Convention, the countries concerned of Asia may decide by mutual agreement to hold consultations and to cooperate with other Parties, as appropriate, with a view to preparing and implementing sub-regional action programmes. or sets, as appropriate, in order to complement national action programmes and to promote their efficiency. In any event, the relevant Parties may decide by common agreement to entrust sub-regional, bilateral or national organisations, or specialised institutions, with the responsibility to prepare, coordinate and implement the programmes. Such organisations or institutions may also act as centres of action to promote and coordinate measures implemented in accordance with Articles 16 to 18 of the Convention.
2. When preparing and implementing sub-regional or joint action programmes, the countries concerned in the region may adopt, inter alia, the following measures which they consider appropriate:
(a) Identify, in cooperation with national institutions, priorities in the fight against desertification and drought mitigation that can be more easily addressed with these programmes, as well as the relevant activities that can be effectively carried out using the same;
b) Evaluate the operational capabilities and operational activities of relevant regional, sub-regional and national institutions;
c) Evaluate existing programs related to desertification and drought of all Parties in the region or sub-region or some of them, and their relationship with national programs; and
d) Adopt, in a spirit of partnership and in the case of international cooperation, including financial and technical resources, appropriate bilateral and/or multilateral measures in support of the programmes.
3. Sub-regional or joint action programmes may include joint programmes agreed for the sustainable management of transboundary natural resources which are related to desertification and drought, priorities for the coordination as well as other activities in the fields of capacity building, scientific and technical cooperation, in particular early warning systems for droughts and exchange of information, and the means to strengthen organisations or relevant sub-regional institutions.
ARTICLE 6o. REGIONAL ACTIVITIES. Regional activities aimed at strengthening sub-regional or joint action programmes may include, inter alia, measures to strengthen the institutions and mechanisms for coordination and cooperation. national, sub-regional and regional level, and promote the application of Articles 16 to 19 of the Convention. Those activities may include:
a) The promotion and strengthening of technical cooperation networks;
b) The development of inventories of technologies, knowledge, experience and practices, as well as traditional and local technologies and experience, and the promotion of their dissemination and use;
(c) The assessment of needs in the field of technology transfer and the promotion of the adaptation and use of these technologies; and
d) The promotion of public awareness programmes and capacity building at all levels, the strengthening of training, research and development as well as the application of systems for the development of resources human.
ARTICLE 7o. FINANCIAL RESOURCES AND MECHANISMS.
1. Given the importance of combating desertification and mitigating the effects of drought in the Asian region, the Parties will promote the mobilization of considerable financial resources and the availability of financial mechanisms, according to the with Articles 20 and 21 of the Convention.
2. In accordance with the Convention and on the basis of the coordination mechanism provided for in Article 8o, as well as in accordance with its national development policies, the countries concerned of the region shall, individually or jointly:
(a) Adopt measures to rationalize and strengthen financing mechanisms through public and private investments, in order to achieve concrete results in the fight against desertification and the mitigation of the effects of drought;
b) Identify requirements for international cooperation in support of national, especially financial, technical and technological efforts; and
c) Promote the participation of bilateral or multilateral financial cooperation institutions in order to ensure the implementation of the Convention.
3. The Parties shall rationalise as far as possible the procedures for channelling funds to the countries concerned in the region.
ARTICLE 8o. COOPERATION AND COORDINATION MECHANISMS.
1. The countries Parties concerned, through the relevant bodies designated in accordance with paragraph 1 (a). Article 4 (1) and other Parties in the region may, as appropriate, establish a mechanism for the purpose, inter alia, of:
a) Interchanging information, experience, knowledge and practices;
b) Co-operate and coordinate measures, including bilateral and multilateral arrangements, at the sub-regional and regional level;
c) Promote scientific, technical, technological and financial cooperation in accordance with Articles 5 or 5. to 7o.;
d) Identify needs in terms of external cooperation; and
e) Adopt provisions for monitoring and evaluation of action programmes.
2. The countries Parties concerned, through the relevant bodies designated in accordance with paragraph 1 (a). Article 4 (4) and other Parties in the region may also, as appropriate, apply a process of consultation and coordination with regard to national, sub-regional and joint action programmes. Where appropriate, those Parties may require participation in this process from other Parties and relevant intergovernmental and non-governmental organisations. Among other things, this coordination will be aimed at reaching agreement on the opportunities for international cooperation in accordance with Articles 20 and 21 of the Convention, promoting technical cooperation and channelling resources to Use effectively.
3. The countries concerned of the region shall hold regular coordination meetings, the convening of which may be provided by the Permanent Secretariat, in accordance with Article 23 of the Convention, if requested to do so:
a) Advising on the organization of effective coordination arrangements based on the experience gained with other similar arrangements;
b) Facilitating information to relevant bilateral and multilateral institutions on coordination meetings and encouraging them to participate actively in them; and
c) Facilitating any other information relevant to the establishment or improvement of coordination processes.
ANNEX III
Regional Application Annex for Latin America and the Caribbean
ARTICLE 1o. OBJECT. The purpose of this Annex is to point out the general lines for the implementation of the Convention in the Latin American and Caribbean region, in the light of the particular conditions of the region.
ARTICLE 2o. PARTICULAR CONDITIONS OF THE REGION OF LATIN AMERICA AND ELCARIBE. In accordance with the provisions of the Convention, the Parties shall take into consideration the following specific characteristics of the region:
a) The existence of large vulnerable areas, severely affected by desertification and/or drought, in which heterogeneous characteristics are observed depending on the area in which they occur. This cumulative and growing process has a negative impact on the social, cultural, economic and environmental aspects, and its severity is accentuated by the fact that the region is one of the world's largest reserves of biological diversity;
b) Frequent application in the affected areas of unsustainable development models as a result of the complex interaction of physical, biological, political, social, cultural and economic factors, including some economic factors international debt, the deterioration of the exchange relationship and trade practices that distort international markets for agricultural, fishery and forestry products; and
c) The severe reduction in the productivity of ecosystems, which is the main consequence of desertification and drought, and which is expressed in the decrease in agricultural, livestock and forestry yields, as well as in the loss of biological diversity. From the social point of view, processes of impoverishment, migration, internal displacements and deterioration of the quality of life of the population are generated; therefore, the region will have to face in a comprehensive way the problems of desertification and drought, promoting sustainable development models, in line with the environmental, economic and social reality of each country.
ARTICLE 3o. ACTION PROGRAMES.
1. In accordance with the Convention, in particular Articles 9o. 11, and in accordance with its national development policy, the countries concerned of the region shall, as appropriate, prepare and implement national action programmes to combat desertification and mitigate the effects of drought, such as an integral part of its national sustainable development policies. Sub-regional and regional programmes may be prepared and implemented to the extent of the requirements of the region.
2. When preparing their national action programmes, the countries concerned in the region shall pay particular attention to the provisions of Article 10 (2) (f) of the Convention.
ARTICLE 4. CONTENT OF THE NATIONAL ACTION PROGRAMMES. Depending on their respective situations and in accordance with Article 5 (o). of the Convention, the countries concerned of the region may take into account the following thematic areas in their strategy to combat desertification and mitigation of the effects of drought:
(a) Increased capacities, education and public awareness, technical, scientific and technological cooperation, as well as financial resources and mechanisms;
b) eradicating poverty and improving the quality of human life;
c) Achieving food security and sustainable development of agricultural, livestock, forestry and multi-purpose activities;
d) Sustainable management of natural resources, in particular the rational management of river basins;
e) Sustainable management of natural resources in high altitude areas;
f) Rational management and conservation of soil resources and the efficient use and use of water resources;
g) Formulating and implementing emergency plans to mitigate the effects of drought;
h) Establishment and/or strengthening of information, evaluation and monitoring and early warning systems in regions prone to desertification and drought, taking into account the climatic, meteorological, hydrological aspects, biological, edaphological, economic and social;
i) Development, use and efficient use of other energy sources, including the promotion of substitute sources;
j) Conservation and sustainable use of biodiversity, in accordance with the provisions of the Convention on Biological Diversity;
k) Demographic aspects interlinked with desertification and drought processes; and
(l) Establishment or strengthening of institutional and legal frameworks that allow the implementation of the Convention, including, inter alia, the decentralization of the administrative structures and functions that are related to the desertification and drought, ensuring the participation of the affected communities and society in general.
ARTICLE 5o. TECHNICAL, SCIENTIFIC AND TECHNOLOGICAL COOPERATION. In accordance with the Convention, in particular Articles 16 to 18, and in the framework of the coordination mechanism provided for in Article 7o. of this Annex, the countries concerned Parties in the region, individually or jointly:
a) Promote the strengthening of technical cooperation networks and national, subregional and regional information systems, as well as their integration into global information sources;
b) Develop an inventory of available technologies and knowledge, promoting their dissemination and application;
(c) Promote the use of traditional technologies, knowledge, experience and practices in accordance with the provisions of Article 18 (2) (b) of the Convention;
d) Stop technology transfer requirements; and
e) Promote the development, adaptation, adoption and transfer of existing technologies and new environmentally sound technologies.
ARTICLE 6o. FINANCIAL RESOURCES AND MECHANISMS. In accordance with the Convention, in particular Articles 20 and 21, and in accordance with its national development policy, within the framework of the coordination mechanism provided for in Article 7o. of this Annex, the countries concerned Parties in the region, individually or jointly:
a) They will adopt measures to rationalize and strengthen the mechanisms for the provision of funds through public and private investment that will enable concrete results to be achieved in the fight against desertification and in the mitigation of drought;
b) End international cooperation requirements to complement their national efforts; and
c) Promote the participation of bilateral and/or multilateral financial cooperation institutions in order to ensure the implementation of the Convention,
ARTICLE 7o. INSTITUTIONAL FRAMEWORK.
1. For the purpose of operating this Annex, the countries concerned in the region concerned shall:
a) Establish and/or strengthen national focal points, in charge of coordination of actions related to the fight against desertification and/or mitigation of the effects of drought;
b) Establish a coordination mechanism between the national focal points, with the following objectives:
i) Interchanging information and experiences,
ii) Coordinate actions at the sub-regional and regional level,
iii) Promote technical, scientific, technological and financial cooperation,
iv) Identify external cooperation requirements, and
v) Track and evaluate the implementation of the action programmes.
2o. The countries concerned in the region shall hold regular coordination meetings, the convening of which may be provided by the Permanent Secretariat, in accordance with Article 23 of the Convention, if requested to do so:
a) Advising on the organization of effective coordination arrangements, based on the experience gained with other similar arrangements;
b) Facilitating information to relevant bilateral and multilateral institutions on coordination meetings and encouraging them to participate actively in them; and
c) Facilitating any other information relevant to the establishment or improvement of coordination processes.
ANNEX IV
Regional application annex for the northern Mediterranean
ARTICLE 1o. OBJECT. The purpose of this Annex is to point out guidelines and provisions for the practical and effective implementation of the Convention in the affected parts of the northern Mediterranean region in the light of their particular conditions.
ARTICLE 2o. PARTICULAR CONDITIONS OF THE NORTHERN MEDITERRANEAN REGION. The particular conditions of the northern Mediterranean region referred to in Article 1. include:
(a) Semi-arid climatic conditions affecting large areas, seasonal droughts, extreme rainfall variability and high intensity sudden rainfall;
b) Poor soils with a marked erosion tendency, prone to the formation of superficial bark;
c) An uneven relief, with steep slopes and highly diversified landscapes;
d) Large losses of forest cover due to repeated forest fires;
e) Conditions of crisis in traditional agriculture, with consequent abandonment of land and deterioration of soil and water conservation structures;
f) Unsustainable exploitation of water resources, which is the cause of severe environmental damage, including chemical pollution, salinization and depletion of aquifers; and
g) Concentration of economic activity in coastal areas as a result of urban growth, industrial activities, tourism and irrigated agriculture.
ARTICLE 3o. STRATEGIC PLANNING FRAMEWORK FOR SUSTAINABLE DEVELOPMENT.
1. The national action programmes will be an integral part of the strategic planning framework for the sustainable development of the affected parts of the northern Mediterranean.
2. A consultation and participation process will be undertaken, involving relevant government bodies, local communities and non-governmental organisations, in order to provide guidance on a strategy based on flexible planning allowing for maximum local participation, in accordance with paragraph 2 (f). of Article 10 of the Convention.
ARTICLE 4. OBLIGATION TO DRAW UP NATIONAL AND CALENDAR ACTION PROGRAMMES. The countries concerned in the northern Mediterranean region shall draw up national action programmes and, as appropriate, sub-regional, regional or regional action programmes. sets. The preparation of these programmes should be completed as soon as possible.
ARTICLE 5o. DEVELOPMENT AND IMPLEMENTATION OF NATIONAL ACTION PROGRAMMES. In preparing and implementing national action programmes in accordance with Articles 9 or 9. and 10 of the Convention, as appropriate, each country affected by the region:
a) Designate appropriate organs that are responsible for the elaboration, coordination and execution of your program;
b) It will involve the affected populations, including local communities, in the preparation, coordination and implementation of the programme through a local consultation process, with the cooperation of local authorities and non-governmental organisations. relevant government;
c) Examine the state of the environment in the affected areas to assess the causes and consequences of desertification and identify priority areas of action;
(d) Evaluate, with the participation of the affected populations, the programmes already implemented and in progress in order to establish a strategy and determine the activities of the action programme;
e) Prepare technical and financial programmes on the basis of the information obtained through the activities provided for in points (a) to (d); and
f) Develop and use procedures and criteria to monitor and evaluate the implementation of the programme.
ARTICLE 6o. CONTENT OF THE NATIONAL ACTION PROGRAMMES. The countries concerned Parties in the region may include in their national action programmes measures related to:
a) The legislative, institutional and administrative spheres;
b) The modalities of land use, water resource management, soil conservation, forestry, agricultural activities, and grassland and grassland management;
c) The management and conservation of wild fauna and flora and other manifestations of biological diversity;
d) Protection from forest fires;
e) Promoting alternative means of subsistence; and
f) Research, training and public awareness.
ARTICLE 7o. SUB-REGIONAL, REGIONAL AND JOINT ACTION PROGRAMMES.
1. The countries concerned in the region may, in accordance with Article 11 of the Convention, prepare and implement a sub-regional and/or regional action programme to complement and increase the effectiveness of the national action programmes. In addition, two or more countries affected by the region may agree to draw up a joint action programme.
2. The provisions of Articles 5 and 6 of this Annex shall apply mutatis mutandis to the preparation and implementation of sub-regional, regional and joint action programmes. In addition, these programmes may include the carrying out of research and development activities relating to certain ecosystems in the affected areas.
3. When developing and implementing sub-regional, regional or joint action programmes, the countries concerned in the region shall, as appropriate, proceed to:
(a) Determine, in cooperation with national institutions, the national objectives related to desertification that can be more easily achieved through these programmes, as well as the relevant activities that may be carried out effectively through these programs;
b) Evaluate the operational capabilities and activities of relevant regional, sub-regional and national institutions; and
c) Evaluate existing programmes in the field of desertification between the countries Parties in the region and their relationship with national action programmes.
ARTICLE 8o. COORDINATION OF SUB-REGIONAL, REGIONAL AND JOINT ACTION PROGRAMMES. When preparing a sub-regional, regional or joint action programme, the countries concerned may establish a coordination committee, composed of representatives of representatives of for each of the countries concerned, which is responsible for examining progress in the fight against desertification, harmonising national action programmes, making recommendations in the various stages of preparation and implementation of the sub-regional, regional or joint action programme and serve as a centre for promotion and coordination of technical cooperation, in accordance with Articles 16 to 19 of the Convention.
ARTICLE 9o. COUNTRIES THAT DO NOT QUALIFY FOR ASSISTANCE. Do not qualify for assistance under this Convention for the implementation of national, subregional, regional and joint action programmes. the affected developed parts of the region.
ARTICLE 10. COORDINATION WITH OTHER SUBREGIONS AND REGIONS. The sub-regional, regional and joint action programmes of the northern Mediterranean region may be developed and implemented in collaboration with the programmes of other sub-regions or regions, in This is particularly the case with the North African sub-
.The undersigned Head of the Legal Office
from the Ministry of Foreign Affairs,
NOTES:
That the present reproduction is faithful photocopy taken from the certified text of the "United Nations Convention to Combat Desertification in Countries Affected by Serious Drought or Desertification, in Particular Africa", made in Paris Seventeen (17) of June of a thousand nine hundred and ninety-four (1994), a document that rests in the archives of the Legal Office of this Ministry.
Dada en Santa Fe de Bogotá, D. C., at nine (9) days of the month of July of a thousand nine hundred and ninety-seven (1997).
the Chief Legal Officer,
Hector Adolfo Sintura Varela.
EXECUTIVE BRANCH OF PUBLIC POWER
REPUBLIC OF THE REPUBLIC
Santa Fe de Bogota, D. C., July 3, 1997
Approved. Submit to the honorable consideration
National Congress for the
constitutional effects.
(Fdo.) ERNESTO SAMPER PIZANO
The Foreign Minister,
(Fdo.) Maria Emma Mejia Velez.
DECRETA:
ARTICLE 1o. Approve the "United Nations Convention to Combat Desertification in Countries Affected by Serious Drought or Desertification, in Particular Africa", made in Paris on 17 June (17). thousand nine hundred and ninety-four (1994).
ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. In 1944, the "United Nations Convention to Combat Desertification in Countries Affected by Severe Drought or Desertification, in particular Africa", made in Paris on 17 June (17) in the 1990s and four (1994), as referred to in Article 1. of this law is approved, will force the country from the date on which the international link with respect to it is perfected.
ARTICLE 3o. This law applies as of the date of its publication.
The President of the honorable Senate of the Republic,
AMYLKAR ACOSTA MEDINA.
The Secretary General of the honorable Senate of the Republic,
PEDRO PUMAREJO VEGA.
The President of the honorable House of Representatives,
CARLOS SQUIRLA BALLESTEROS.
The Secretary General of the honorable House of Representatives,
DIEGO VIVAS TAFUR.
COLOMBIA-NATIONAL GOVERNMENT
COMMUNICATE AND POST.
Execute previous Constitutional Court review,
pursuant to article 241-10 of the Political Constitution.
Dada en Santa Fe de Bogota, D. C., 4 August 1998.
ERNESTO SAMPER PIZANO
The Foreign Minister,
CAMILO REYES RODRIGUEZ.
The Minister of Agriculture and Rural Development,
ANTONIO EDUARDO GOMEZ MERLANO.
