CONSULTANCY ON LEGAL AND
CROSS CUTTING ISSUES OF THREE
UNITED NATIONS CONVENTIONS ON BIOLOGICAL DIVERSITY
FRAMEWORK CONVENTION ON CLIMATE CHANGE
AND THE CONVENTION TO COMBAT DESERTIFICATION
Prepared by: C. Trench-Sandiford Submitted: June September 23, 2005
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TABLE OF CONTENTS
Foreword ............................................................................................................................ iii List of Acronyms ............................................................................................................... iv List of Tables ..................................................................................................................... vi List of Annexes .................................................................................................................. vi EXECUTIVE SUMMARY ................................................................................................ 1 1.0 INTRODUCTION ................................................................................................ 19 2.0 BACKGROUND .................................................................................................. 20 3.0 OVERVIEW OF THE THREE CONVENTIONS............................................... 22
3.1 The UN Convention on Biological Diversity (UNCBD).................................. 22 3.2 UN Framework Convention on Climate Change (UNFCCC) .......................... 23 3.3 UN Convention to Combat Desertification (UNCCD)..................................... 24
4.0 PURPOSE AND OBJECTIVE OF THE CONSULTANCY ............................... 25 5.0 APPROACH AND METHODOLOGY ............................................................... 26 6.0 Limitations ............................................................................................................ 27 PART I - SITUATIONAL ANALYSIS – POLICY, LEGISLATION AND INSTITUTIONS ............................................................................................................... 28 7.0 GENERAL............................................................................................................ 28 8.0 TERMINOLOGIES HAVING IMPLICATIONS TO BELIZE’s MEETING THE COMMITMENTS OF THE THREE CONVENTIONS .................................................. 28 9.0 EXISTING POLICY, LEGISLATIVE AND INSTITUTIONAL FRAMEWORK TO IMPLEMENT THE THREE CONVENTIONS......................................................... 30
9.1 General.............................................................................................................. 30 9.2 Policies.............................................................................................................. 31
9.2.1 Context:..................................................................................................... 31 9.2.2 PUP Manifesto 2003-2008 - Go Belize Go............................................... 32 9.2.3 Strategies, Sectoral Policies and Plans .................................................... 33
9.3 Legislation and Institutions Applicable to All Three Conventions .................. 39 9.3.1 General...................................................................................................... 39 9.3.2 Primary Legislation and Institutions......................................................... 40 9.3.3 Institutions without Legislative Mandate.................................................. 62 9.3.4 Focal Points............................................................................................... 63
10.0 OTHER ORGANIZATIONS AND AGENCIES INVOLVED IN TWO OR MORE OF THE THREE CONVENTIONS..................................................................... 64 11.0 DESCRIPTION OF EXISTING ACTIVITIES LINKING ALL THREE CONVENTIONS .............................................................................................................. 65
11.1 General.............................................................................................................. 65 11.2 Land Management Programme (LMP):............................................................ 66 11.3 Draft National and District Councils Bill for Sustainable Development.......... 69 11.4 National Protected Areas Policy and Systems Plan Project (NPAPSP) ........... 70
12.0 Legal Information and Data Bases........................................................................ 72 13.0 Financial Mechanisms for Implementing the Three Conventions........................ 72 14.0 SUMMARY.......................................................................................................... 74
14.1 General.............................................................................................................. 74
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14.2 Policies, Strategies and Plans............................................................................ 75 14.3 Legislations, Institutions and Financial Mechanisms ....................................... 76
PART II - CROSS CUTTING ISSUES........................................................................... 79 15.0 GENERAL............................................................................................................ 79 16.0 OVERLAPPING REQUIREMENTS OF THE THREE CONVENTIONS..... 79 17.0 ASSESSMENT OF PRIORITY OVERLAPPING REQUIREMENTS............... 82
17.1 General.............................................................................................................. 82 17.2 Description of Priority Requirements ............................................................... 82 17.3 Capacity Assessment of the Priority Requirements.......................................... 84 17.4 Assessment of Cross Cutting Capacity Issues - TABLE 04 ............................. 85 17.5 Cross Cutting Capacity Needs .......................................................................... 87
18.0 SUMMARY...................................................................................................... 92 PART III – POLICY, LEGISLATIVE AND INSTITUTIONAL FRAMEWORK......... 95 20.0 POLICY DIRECTION.......................................................................................... 95 21.0 LEGISLATIVE PROGRAMME.......................................................................... 96
21.1 New Legislation ................................................................................................ 96 21.2 Legislative Amendments .................................................................................. 99
22.0 INSTITUTIONAL FRAMEWORK ............................................................... 100 PART IV – FINANCIAL PROVISIONS....................................................................... 102 23.0 FINANCIAL RESOURCES TO EXECUTE RECOMMENDATIONS............. 102 References:...................................................................................................................... 103 Annex I – List of Persons Interviewed ........................................................................... 105 ANNEX II- GEF MANDATE........................................................................................ 106 ANNEX III – COMPILATION OF PROJECTS AND FUNDING AGENCIES .......... 107
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Foreword
This report sets out a series of recommendations to address the inability of Belize to meet
its obligations as a signatory to the UN Conventions on Biological Diversity, Framework
for Climate Change and to Combat Desertification. It points to capacity building
initiatives which must be undertaken to overcome the constraints and barriers posed by
the situational analysis and unearthed in the capacity assessment, which are inherent at
the individual, institutional and systemic levels.
While these recommendations cover a broad spectrum of issues, its specific focus is on
policy, legislation and institutional measures. These recommendations will require
concerted action on the part of all stakeholders engaged in sustainable development,
natural resource management and environmental protection.
I am grateful to the NCSA for giving me the opportunity for conducting this review and I
hope it will play a constructive part in what I am sure is going to be an active area of
GOB policy over the coming years. I do not pretend that this review provides all the
answers at a detailed level. Quite the contrary, I have sought to set out broad principles
and courses of action which requires continued dialogue and discussions from all
stakeholders and partners.
In addition, I did not do this alone, as facts, ideas and opinions and other inputs came
from a wide range of academics, professionals, policy makers and interested individuals.
For this I am thankful, particularly to Earl Green and Dr. Ed Boles, the thematic reports
consultants who made my work a lot easier, Anselmo Castañeda, for his patience and
encouraging spirit, the NCSA project staff, the staff of the Department of Environment
and the focal points for the three conventions for their timely response in the supply of
data requested, the supervisory committees and all those persons who found time to
attend and participate in the workshop. I am extremely grateful to you all.
This is a first draft. It is a starting point for discussions. C. Trench-Sandiford
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List of Acronyms
AD Agriculture Department
BAS Belize Audubon Society
BELPO Belize Institute of Environmental Law and Policy
BTB Belize Tourist Board
CARICOM Caribbean Community
CBO Community Based Organization
CCAD Central American Commission on Environment and Development
CHM Clearing House Mechanism
CHPA Central Housing and Planning Authority
CREI Citrus Research and Education Institute
CZMA Coastal Zone Management Act
CZMAI Coastal Zone Management Authority and Institute
DOE Department of the Environment
EIA Environmental Impact Assessment
EPA Environmental Protection Act
FON Friends of Nature
FA Forest Act
FAO Food and Agriculture Organization
FD Forest Department
FishA Fisheries Act
FishD Fisheries Department
GEF Global Environmental Facility
GIS Geographical Information System
GOB Government of Belize
HPD Housing and Planning Department
HTPA Housing and Town Planning Act
IA Institute of Archeology
IDB Inter American Development Bank
LIC Land Information Centre
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LMP Land Management Programme
LUA Land Utilization Authority
LUAct Land Utilization Act
LSD Lands and Surveys Department
MBRS Mesoamerican Barrier Reef System
MBC Mesoamerican Biological Corridors
MEA Multilateral Environmental Agreement
MHD Ministry of Human Development
MNRE Ministry of Natural Resource, Local Government and the Environment
MOAF Ministry of Agriculture and Fisheries
MPA Marine Protected Area
NACDCA North Ambergris Caye Development Corporation Act
NCSA National Capacity Self-Assessment
NEAC National Environmental Appraisal Committee
NEMO National Emergency Management Organization
NGO Non-government Organization
NHDAC National Human Development Advisory Committee
NMS National Meteorology Service
NPAPSP National Protected Areas Policy and System Plan
PACT Protected Areas Conservation Trust
PfB Programme for Belize
PPS Physical Planning Section of the Lands and Survey Department
PWCA Private Works Construction Act
SDA Special Development Area
TIDE Toledo Institute for Development and Environment
UB University of Belize
UNCBD United Nations Convention on Biological Diversity
UNFCCC United Nations Framework Convention on Climate Change
UNCCD United Nations Convention to Combat Desertification
UNCED United Nations Conference on Environment and Development
UNDP United Nations Development Programme
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UNEP United Nations Environmental Programme
WB World Bank
List of Tables
Table 01 Legislation and Institutions Applicable to Implementing the
Three Conventions
Table 02 Organizations Involved in Two or More Conventions
Table 03 Priority Requirements of the Three Conventions
Table 04 Assessment of Capacity Constraints
List of Annexes
Annex I List of Persons Interviewed
Annex II GEF Mandate
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EXECUTIVE SUMMARY
Belize ratified the UN Convention on Biological Diversity (UNCBD) on December
30, 1993, the UN Framework Convention on Climate Change (UNFCCC) on October 31,
1994 and the UN Convention to Combat Desertification on July 23, 1998. These three
conventions are considered the “Rio Conventions”, as they were initiated at the UN
Conference on Environment and Development (UNCED), or ‘Earth Summit’ in Rio de
Janeiro in 1992, and are the focus of a National Capacity Self Assessment (NCSA) now
being conducted.
The goal of the NCSA is to identify through a country driven consultative process,
priorities for capacity development to protect the global environment. The operational
guidelines covering the NCSA process requires five (5) specific outputs, of which this is
one, the Cross Cutting Assessment, but with an emphasis on Policy, Legislation and
Institutions. This report is presented in four parts. Preceding these parts are background
information on the objectives of the conventions and the consultancy, the approach and
methodology applied, and the limitations encountered.
Part I presents a situational analysis of the enabling environment, that is, the existing
policy, legislative and institutional framework within which the conventions are being
implemented. It highlights their strengths and weaknesses, and the opportunities which
they represent for both change and for their effective and continued utilization in
implementing the requirements of the three conventions. Key findings of the situational
analysis of strategies, policies and plans are that:
While there are terminologies within the convention requirements that weaken
the obligations of a state, the requirements are so worded that they are not
requesting any action beyond the capacity and capability of the state, or that is
not a component of national policies and legislation;
The three conventions are underpinned by the concept of sustainable
development;
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There is no assignment of portfolio to a minister for sustainable development;
There is no articulated policy on sustainable development;
The MNRLGE and MOAF are key agencies implementing the three
conventions;
All three focal points are positioned in the MNRLGE, but operate
independently;
There are procedural deficiencies and inconsistency in the appointment of the
three focal points;
There is no direction for the job description of focal points to be adjusted to
reflect additional responsibilities;
There is no sustained linkage between the three focal points, the MFA, the
MNRLGE and the UN Secretariat;
There is no supervision of three focal points nationally;
There is no linkage between Caricom, CCAD and focal points of the three
conventions, yet they are underpinned by the sustainable development
concept;
There is no overarching national resource management and land use policy to
guide sectoral policy formulation and implementation as it relates to the use of
land, whether for protected areas, industry, agriculture or human settlement, or
for defining human resource needs or for influencing NGO and CBO
operations;
There is a sectoral and centralized approach to policy formulation and
implementation which contributes to a disconnect between decision makers
and resource users, and a disregard for the cumulative negative impact of
development and long term sustainability of resources;
There are formal and informal mechanisms for collaboration between
ministries, departments and central and local governments and between GOB
and NGOs and CBOs;
There is no mechanism to create linkages between policy formulation, parallel
ongoing activities and convention requirements;
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There is no clear mandate from the political directorate as to the importance of
convention implementation;
Several policies have been formulated which have direct and indirect
implications to the implementation of the requirements of the conventions but
have not been adopted;
There is minimal use of fiscal policies and economic instruments to encourage
environmental stewardships.
From the situational analysis of legislations, institutions and financial mechanisms, the
following can be discerned:
There is overlapping and duplication of several pieces of legislation which
contributes to ambiguity in roles and responsibilities for managing and
regulating the use and development of land (HTPA, FA, LUA, EPA, NACDC,
CZMAI etc.)
There are inherent deficiencies in some legislation to address contemporary
environmental concerns, as a result of the initial purpose for promulgation and
gaps between legislation (HTPA and EPA, FD etc.)
There is underutilization of key legislation which can contribute to sustainable
land use practices (HTPA, LUA);
Agencies critical to implementing the requirements of the conventions are
under resourced (HPD, FD, LSD) and convention requirements are not
internalized; This is a reflection of not incorporating the convention
requirements in policy formulation;
There is a sectoral and centralized approach to decision making, monitoring
and enforcement, which contributes to a disconnect with resource users, and
which manifest in contention between local and central governments, between
ministries and departments and between GOB and CBO and NGO;
There is limited community involvement in enforcement and monitoring;
Protected areas are designated in an adhoc manner and are overseen by three
departments in three ministries governed by four acts;
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No legislation specifically provides for any particular convention;
No legislation provides for the operations of the NMS;
Legislations focus on fines and imprisonments for violation of legislation thus
limiting the scope for more eclectic approaches, for example, voluntary
performance indicators etc. ;
The application to terrestrial and marine provinces are separate in some
legislation and jointly in others;
The requirements of the conventions are not internalized into the operations of
most institutions with legislative mandates which can contribute to
implementing the requirements of the conventions, resulting in insufficient
knowledge of the conventions. Thus there is no recognition of the successes
and limitations in implementing the requirements of the conventions;
Accessibility of information on environmental and resource use laws limited;
There are several parallel activities been executed that have major
implications to meeting the convention requirements;
There are financial mechanisms available to finance activities to meet
convention requirements. Unfortunately, these are not being maximized;
There will be changes in the criteria to access financing to fund convention
requirement activities.
Part II focuses on the cross cutting issues for creating synergies. Six crosscutting issues
emerged, and from these, weaknesses and root causes were discerned at the individual,
institution and systemic levels, which enabled clear capacity needs to be identified and
prioritized. These are as follows:
(1) Convention Management
Weaknesses and Root Causes:
Independent operations of focal points as a result of the absence of clear
procedures for appointing focal points;
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No overarching objective to integrate and collaborate on convention
implementation;
No legislative provisions for meeting convention requirements;
No political direction as to the importance of convention obligations;
No national supervision of convention implementation;
Inadequate training in convention management and lack of awareness of
convention requirements at national and local levels and the opportunities for
meeting local and national developmental goals;
Dependency on a few individuals as a result of underutilization of NGO/CBO
in international dialogue and national implementation.
Capacity Needs:
Strengthening at the individual and institutional levels, the technical, financial
and human capacity to manage conventions, and to create and institutionalize
financial sustainability for the implementation of the conventions;
Training in specific areas of convention management, including understanding
convention requirements, negotiating skills, succession, back stopping etc.;
The establishment of a mechanism to collaborate and coordinate the
implementation of the conventions to capitalize on the strengths, experiences,
knowledge and optimal use of limited resources;
The establishment of a mechanism to create and sustain linkages between
focal points and policy formation and implementation, utilizing MACC as an
example;
Institutionalizing and sustaining a culture of exchange with all stakeholders;
An increase in public awareness of convention opportunities through use of
the media, CBO and NGO;
Enhance GOB/CBO/NGO relationship for concerted approach to international
dialogue, negotiations and implementation;
Incorporate convention requirements in existing legislation or promulgate new
ones.
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(2) Human Resource Management
Weaknesses and Root Causes
Insufficient time vis-a-vis increasing responsibilities caused by
Job descriptions not amended to reflect connectivity to conventions;
Perception of meeting requirements of the conventions as
additional responsibilities and skills and knowledge not applied where
optimized;
Disconnect between responsibilities and convention requirements
Caused by a lack of knowledge of convention requirements and laws
applicable to convention requirements;
Insufficient human resources as a result of lack of planning for
human resource training according to identified needs;
No data base of skilled professionals in public and private sector;
Minimal integration of resource management departments and
Ministries;
Limited use of professionals in the private sector and of NGO/CBO.
Capacity Needs:
(a) Creating Capacity
The establishment of a mechanism to create and sustain
linkages between environmental needs, national human
resource planning and training institutions, through
partnerships with the Ministry of the Public Service, the
University of Belize, and other local and international
educational facilities and funding agencies or conduit to
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educational opportunities such as PACT, the MOF and the
MFA;
The identification of training in specific field including
research, environmental law, environmental economics,
natural resource management etc.
(b) Enhancing Capacity
The provision of knowledge building for public sector,
NGO, CBO and the Judiciary to facilitate better
understanding of convention requirements;
Creating, sharing and making accessible data base of
professionals involved in environmental management and
stewardship in the private and public sector nationally,
regionally and internationally.
(3) Environmental Information Management
Weaknesses and Root Causes:
Lack of environmental data caused by a lack of culture to foster research and
information sharing;
Failure to programme research into operational activities;
Insufficient research, monitoring, data collection and analysis;
No lead agency to act as repository for environmental data;
Underutilization of existing data base caused by the lack of knowledge of data
base;
Undocumented and unregulated research;
Foreign driven research; and
Lack of awareness of environmental data by communities.
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Capacity Needs:
The engendering and nurturing of a culture for information gathering, sharing
and use;
The strengthening at the individual and institutional levels, the technical,
financial and human capacity to engage in the research, collection, analysis
and interpretation of both scientific and para scientific data, and the use of
such data to inform policy formulation and create environmental awareness;
The creation of a “one stop inventory” of information on sustainable
development, environment and natural resource issues and of professionals,
agencies and organizations, both public and private sector engaged in
sustainable development, natural resource and environmental management.
(4) Policy Formulation and Coordination
Weaknesses and Root Causes:
Minimal intra-inter ministerial /departmental integration;
No overarching national policy on sustainable development or land
use to influence and shape sectoral policies;
Legislative provisions facilitate this modus operandi.
Capacity Needs:
The strengthening at the individual and institutional levels, the technical,
financial and human capacity to coordinate and harmonize policy between
and within ministries and departments, GOB and NGO/CBO and central
and local governments;
The strengthening at the individual and institutional levels, the capacity to
incorporate environmental economics and sustainable financial
mechanisms into policy formulation.
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(5) Natural Resource Management
Weaknesses and Root Causes:
Unsustainable resource and land use practices as a result of the disconnect
between resource users and decision makers;
Centralized and sectoral approach to policy formulation, implementation and
decision making;
Deficient land use and environmental legislation;
Underutilization of existing legislation;
Ambiguity in responsibilities of agencies;
Lack of knowledge of environmental and planning legislation by resource
users and regulators;
Insufficient human resource capacity for planning, enforcement, monitoring
and litigation;
Political culture, social norms and mental constructs.
Capacity Needs:
An institutional review to rationalize roles, responsibilities and functions of all
agencies engaged in environmental stewardship;
A legislative review to update, streamline and harmonize existing legislation
and promulgate new ones to reflect the preceding;
A mechanism for better integration of land use planning and environmental
management through horizontal/vertical integration within and between
ministries/departments and between levels of government and between
GOB/NGO;
The strengthening at the individual and institutional levels, of the capacity to
focus on monitoring, enforcement and ensuring compliance of planning and
environmental laws and to provide legal advice and support in court
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proceeding (greater awareness of environmental laws among enforcement
regulatory agencies/public, judiciary);
A mechanism for involvement of more stakeholders in compliance,
monitoring and policy formulation and the implementation and decision
making in regard to the use of natural resources.
(6) Access to Financial Resources
Weaknesses and Root Causes:
Perception that only GOB is to provide funding;
Lack of knowledge of financial mechanisms of the conventions;
Lack of established connections with donor agencies;
Lack of knowledge of donor requirements in project design etc.;
Failure to streamline convention requirements into daily operations;
Failure to take into consideration the economic value of the environment in
fiscal policy;
Failure to use economic instruments in fiscal and sectoral policies;
Failure to internalize an understanding of the financial mechanisms in
operational activities;
Failure to integrate financial sustainability into policy formulation.
Capacity Needs:
The strengthening at the individual and institutional levels, of the technical,
financial and human capacity to draft project proposals to access available
resources;
The strengthening at the individual and institutional levels of the technical,
financial and human capacity to be innovative in identifying new sources of
funding within their specific agency and maximizing existing financing
sources;
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The strengthening at the individual and institutional levels of the technical,
financial and human capacity to seek new sources of funding nationally and
internationally;
A mechanism for a more strategic approach to donor support;
The strengthening at the individual and institutional levels of the capacity of
embassies, consuls and foreign representatives to create and sustain
partnerships with donor agencies.
From these, three cross cutting themes emerged for priority actions. These were Policy,
Legislation and Institutional Review, Research and Public Education, Awareness and
Advocacy.
Part III elaborates on the first thematic cross cutting issue, Policy, Legislation and
Institutional Framework. It points to the need for three courses of action:
(1) Policy Direction
The report notes that meeting the requirements of the convention must not only be
a clear political mandate to conform to international agreements, but must also be
reflective of nationally identified development goals. As the concept of
sustainable development underpins all three conventions and is critical to
improving and sustaining a qualitative life for all Belizeans, present and future, it
is of paramount importance that this be recognized as a portfolio of a Minister of
Government, and provisions be made to institutionalize and position its function
in such a way as to shape and influence sectoral policies. It is therefore
recommends that:
A responsibility for sustainable development be assigned to the Minister
of Natural Resources in accordance with S 41 of the Constitution. This is
in addition to the portfolio for the protection of the environment;
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A National Sustainable Development Policy be formulated to articulate
GOB position and strategy for streamlining and incorporating sustainable
development principles in Belize’s national development strategy, and
adopted by cabinet to form the overarching national policy to influence
and shape all other national and sectoral policies. This would comply not
only with the meeting the requirements of the three conventions, but also
with that of CCAD and Caricom;
A National Land Policy be formulated to articulate GOB position and
strategy for the transparent and accountable allocation and distribution of
land, a natural resource, and the use and development of land according to
it’s capacity and capability to inform sectoral policies dealing with land
use (forest, agriculture, human settlements, tourism etc.)
Thereafter, existing policies be reviewed to create harmony with the
National Sustainable Development Policy.
In addition, it is also recommends that:
Existing policies that have been formulated as a direct consequence of the
three conventions be reviewed, updated and adopted as a matter of
priority; and
Environmental economics be streamlined into Fiscal policies to inform
sectoral policies.
(2) Legislative Programme
New Legislation
To bring effect to policy and enable compliance by the government and people of
Belize in meeting the requirements of the conventions and its national
development goals, it recommends that the following legislation be drafted or
adopted:
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(1) A National Sustainable Development Bill
A National Sustainable Development Bill should be formulated and
promulgated to:
To appoint National and District Sustainable Development Councils to
keep the Minister advised and abreast of issues concerning sustainable
development, including but not limited to the implications of
contemporary and emerging development trends to sustainable
development; the implications of Belize’s socio-economic, cultural
and physical characterization to sustainable development; the human,
technical and financial resources needs for engaging in sustainable
development principles and practices; and the impact of governance
structures to sustainable development;
Create a coordinating mechanism for all public and private sector and
civil society stakeholders engaged in sustainable development
practices to facilitate the incorporation of sustainable development
principles into the formulation of other national and sectoral policies,
the design of development programmes and projects and to coordinate
dialogue with funding agencies based on identified and agreed upon
national needs;.
Facilitate training, awareness and advocacy of sustainable
development concepts, principles and practices;
Formulate and keep under review national policies on sustainable
development for approval by the Minister;
Develop and keep under review indicators to measure and monitor
Belize’s progress towards sustainable development.
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(2) National Planning Bill
The adoption of the recently drafted National Planning Bill is critical to
overcoming many of the constraints identified in the preceding part to
implementing the requirements of the conventions. In particular, this bill
provides for:
The preparation of a National Land Use Policy and Plan to guide
sectoral policy;
The participation of resource users at all levels in decision making in
regard to land use activities;
A holistic approach to development by including social, economic,
demographic and physical data in plan preparation and decision
making;
A legal and institutional framework for regulating land use for the
entire country, incorporating both marine and terrestrial realms;
The consolidation of land use activities into one bill such that there is
clarity of the roles and responsibilities of agencies involved in
decision making in the use of land, thus eliminating duplication. It
calls for the repeal of the Part II of the HTPA, the LUA and the
PWCA;
The redefinition of the meaning of development to embrace
contemporary development challenges
The use of an EIA as a material consideration in the approval of
development projects, filling the gap that exist in our laws as identified
by the Chief Justice
The strengthening of the monitoring of development activities and the
enforcement of planning laws at the local level;
The harmonization of all legislation which permits development
activities within the meaning of the word as provided for in the bill;
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(3) Protected Areas Management Bill
The National Planning Bill empowers local authorities (city, town and
village councils) to be local planning authorities, with a duty to prepare
and adopt development plans for their communities, and a power to
enforce such plans. It provides for the appointment of special planning
authorities to be local planning authorities for areas without local
government authority. This applies to protected areas. As such, the bill
provides for the managers of protected areas to be local planning
authorities to prepare, adopt and enforce development plans for protected
areas.
This points to the need for a legislation parallel to that which establishes
governance structures for cities, town and villages, that is, the Belmopan
and Belize City, Town and Village Council Acts. Such legislation would
establish the governance entities and structures and operating mechanism
for accountability, transparency and coherence for declaring and managing
protected areas. Such a bill should define the purpose, functions,
responsibilities and administrative structure for governing protected areas.
(4) National Meteorology Service Bill
There is need for the NMS to be legally empowered and mandated to
perform its national and international functions. This will enable certainty
of role, continuity of functions and provide for a clear legislative mandate.
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(3) Legislative Amendments
The report acknowledges that there is a need to harmonize and strengthen existing
legislation to bring into effect the provisions of the four bills and redress
legislative deficiencies. It recommends legislative amendments for:
The Forest and Fisheries Departments and the Institute of Archeology to
be Local Planning Authorities for their specific protected areas;
CZMAI to be the Local Planning Authority for coastal zones excluding
those areas declared by the FA, the FishA and NPSA;
The strengthening and modernizing of the Forest, Fisheries and National
Parks System Acts to include mechanisms for stakeholders participation
in declaring forest reserves, co-management of reserves, and the criteria
for declaring, declassifying or altering protected areas and for dialogue
for new approaches for offenders as against using criminal law remedies;
Harmonizing the ACDCA and any other act that provides for the
declaration of ecological reserves with the NPSA;
The strengthening of the Private Forest Conservation Act to embrace
other trees or plants threatened or vulnerable;
Strengthening of the Wildlife Protection Act to regulate the introduction
of alien species to Belize;
The strengthening of the Forestry Regulations for mangroves to take into
consideration the economic value of mangroves and related ecological
systems;
The strengthening of the National Lands Act to take into consideration the
economic value of ecological systems in the leasing and granting of
national lands, an explanation of classes of land, the deletion of the
exclusion of forest reserves as national lands, and to specify the criteria
when the requirement for the 66 feet reserve will not be mandatory;
The strengthening of the Registered Lands Act to provide for
conservation easements;
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Including CBOs in the NGO Act and reviewing the act to allow flexibility
in the requirements to register an NGO or CBO;
The strengthening of the Solid Waste Management Act to regulate the
storage and treatment of waste;
(4) Institutional Framework
The report notes also that there is a need for institutional redress to bring effect to
the preceding. It therefore recommends:
The establishment of a desk for convention management at the MFA with
the specific task to provide collaboration between the efforts of the focal
points and other ministries, supervise the activities of the focal points, and
be abreast of all activities undertaken by the focal points to meet the
requirements of the conventions for direct reporting to cabinet
The existing Policy Coordinating Unit of the MNRLGE be upgraded to be
a Sustainable Development and Policy Coordinating Unit to coordinate
and integrate activities of the MNRLGE with other Ministries in
furtherance of the objectives of the Ministry and the adopted Sustainable
Development Policy, and to be the executing arm of the National
Sustainable Development Council
The upgrading the Physical Planning Section of the Lands and Surveys
Department to Departmental Status in accordance with the
recommendations of the Decentralized National Land Use Planning
Framework of the LMP;
A review the structure of the Forest and Fisheries Department and the
Institute of Culture and History to provide for the provisions of the
Protected Areas Governance Bill;
It noted that many of the activities required by the conventions are operational and
provided for within the national budgets. In addition, ongoing activities which have
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significant implications to overcoming the constraints and barriers to implementing the
conventions are already financed. (LMP from IDB, NPAPSP-GEF). Furthermore, there
are financial mechanisms provided through GEF and other UN entities, international and
regional financial and donor institutions, agencies and organizations, and developed
countries to fund convention related activities. It refers also to the window within the
UNDP, the PDF, to provide funding to develop project proposals. It states that what is
required is the need to broaden the knowledge base of both the private and public sector
organizations, institutions and agencies engaged in sustainable development practices
regarding these sources, and the activities which they fund, and the building of capacity
to conceptualize and design projects to access and manage these funds, particularly with
the recent adoption of new criteria requirements to access the funds from GEF. As well, it
recommends that key public sector agencies be empowered to generate and manage their
own funds, without contributing all its revenue to the consolidated fund.
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1.0 INTRODUCTION
The goal of a National Capacity Self-Assessment (NCSA) is to identify, through a
country driven consultative process, priorities for capacity development to protect
the global environment. Particularly, an NCSA is designed to assist developing
countries and economies in transition to assess capacity to meet the requirements
under the United Nations Convention for Biological Diversity (UNCBD), United
Nations Framework Convention on Climate Change (UNFCCC) and United
Nations Convention to Combat Desertification (UNCCD).
The operational guidelines1 covering the NCSA process requires specific outputs:
The Stock-Take – a quick review of previous and ongoing activities
related to capacity building;
Three thematic assessments – a list and description of the capacity
situation, priority constraints, barriers and needs in relation to the three
conventions;
The Cross-Cutting Assessment – a consideration of the capacity situation,
priority constraints, barriers and needs that cut across the three
conventions;
The Action Plan- a plan of action to meet the needs and to address the
constraints, incorporating a mechanism for monitoring and evaluating
progress; and
The NCSA Report-a report of the NCSA process and a summary of the
outputs
UNDP 2003 lists the potential benefits of an NCSA as:
1 Operational Guidelines for Expedited Funding of National Self Assessments of Capacity Building Needs (GEF 2001)
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Identifying critical capacity constraints which can impede national
development;
Useful as a strategic planning tool to improve environmental management
within and among government agencies, and with NGO and private sector
stakeholders;
Builds awareness among participants re: new approaches to environmental
management and sustainable development; and
Encourage efficient and effective use of limited human and financial
resources.
This report is the Cross Cutting Assessment, but with an emphasis on the Policy,
Legislative and Institutional Framework for implementing the requirements of the
conventions.
2.0 BACKGROUND
The state of the environment is quite possibly the most important issue
confronting mankind today, and has become a priority for many people,
particularly because they are far reaching and global in perspective, transcending
boundaries and ranging from the hole in the ozone layer and rising sea level to
acid rain, from deforestation to toxic waste, from the reduction in soil productivity
to the depletion of flora and fauna, and so on and so forth. This points to a broad
range of problems and issues that must be dealt with, that is, air, water and land
pollution, waste management, conservation, protection of wildlife, inter and intra
generational equity etc., and requires knowledge and skills necessary to
understand the problems, and to engage in solution searching, which can be
highly scientific and technical.
Over the past quarter of the twentieth century, research and information sharing
have fueled concerns about the environment and engendered a greater
understanding of the manifestations of environmental degradation. As a result,
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strategies for protecting it has metamorphosed from being environmentally
construed to human centered, 2 and the approach from local perspective to
international dialogue and cooperation, the latter, a consequence of increasing
awareness that solution searching to address regional and global environmental
concerns necessitates a concerted approach and consensus building on principles,
policies and rules. Parallel to this was the evolution of international environmental
law as a tool to achieve environmental protection. This translated into agreements,
treaties, protocols, conventions and other instruments, which established set
objectives and goals, and which defined the role and responsibility of states and
the international community in bringing about environmental protection within
the context of human development.
Belize has signed on to many conventions that collectively seek to pursue a
common strategy to addressing regional and global environmental concerns, three
of these being:
(1) The United Nations Convention on Biological Diversity
(2) The United Nations Framework Convention on Climate Change
(3) The United Nations Convention to Combat Desertification, Land
Degradation and Drought.
Unfortunately, the implementation of the respective national commitments and
obligations of the three conventions has been ad-hoc and uncoordinated, resulting
in sub optimal impact. Consequently, Belize has embarked on a National Capacity
Self Assessment (NCSA) to identify, through a country driven, consultative
process, priorities for capacity development to protect the global environment. In
preparing a NCSA, Belize will be able to assess its ability to participate
effectively in Multilateral Environmental Agreements (MEAs) and define its
2 Principle 1 of the Rio Declaration on Environment and Development places human beings at the center of concerns for sustainable development and not the environment
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needs and priorities for improving capacity at the individual, institutional and
systematic levels.
During the NCSA development proposal stage, several capacity needs and
constraints were identified, among them and considered the most important, was a
lack of long term policy guidelines to steer sustainable development issues and
weak legislative and institutional structures to oversee and safeguard the process;
hence the reason for the focus on Policy, Legislation and Institutions in this
report.
3.0 OVERVIEW OF THE THREE CONVENTIONS
3.1 The UN Convention on Biological Diversity (UNCBD)
The objective of UNCBD is stated as ‘…the conservation of biological diversity,
the sustainable use of its components and the fair and equitable sharing of the
benefits arising out of the utilization of genetic resources, including by
appropriate access to genetic resources and by appropriate transfer of relevant
technologies, taking into account all rights over those resources and to
technologies, and by appropriate funding.’ 3
It defines Biological Diversity as the variability among living organisms from all
sources including, inter alia, terrestrial, marine and other aquatic ecosystems and
the ecological complexes of which they are part; this includes diversity within
species, between species and of ecosystems. It represents the overarching global
mechanism to address the issue of biodiversity, while recognizing the common
responsibility of biodiversity conservation and sustainable use, and establishes
mechanisms to assist in the attainment of its objectives.
3 UN Convention on Biological Diversity – Article 1
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Belize priority requirements of UNCBD as identified by the thematic report4 are:
Article 6 : General measures for Conservation and Sustainable Use
Article 7 : Identification and Monitoring Biodiversity and its Conservation
Article 8 : In-Situ Conservation, Including Protected Areas Management
Article 10 : Sustainable Use of Components of Biological Diversity
Article 13 : Public Education and Awareness
Article 17 : Exchange of Information
Article 19 : Handling Biotechnology and Biosafety
Article 20 : Financial Resources
3.2 UN Framework Convention on Climate Change (UNFCCC)
The objective of UNFCCC is ‘.to achieve, in accordance with relevant provisions
of the convention, stabilization of green house gas concentrations in the
atmosphere at a level that would prevent dangerous anthropogenic interference
with the climate system. Such a level should be achieved within a time frame
sufficient to allow ecosystems to adapt naturally to climate change, to ensure that
food production is not threatened and to enable economic development to proceed
in a sustainable manner.’5
Belize priority requirements under UNFCCC as identified by the thematic report6
are:
Article 4 (a) : Publish national inventories of anthropogenic emissions by
sources and removals by sinks of greenhouse gases
Article 4 (b) : Implement national and regional programmes to mitigate
climate change
4 Boles 2005:5 5 UN Framework Convention on Climate Change – Article 2 6 ?? 2005:6-7
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Article 4 (g) : To promote and cooperate in scientific technological,
technical, socio-economic and other research and development of data
archives
Article 4 (h) (i) : Cooperate in research, exchange of information,
education, training, public awareness and the widest possible participation;
Article 12 : Report to the Conference of Parties
3.3 UN Convention to Combat Desertification (UNCCD)
The objective of the UN Convention to Combat Desertification is ‘.. to combat
desertification and mitigate the effects of drought in countries experiencing
serious drought and /or desertification, …, through effective action at all levels,
supported by international cooperation and partnership arrangements, in the
framework of an integrated approach which is consistent with Agenda 21, with a
view to contributing to the achievement of sustainable development in affected
areas.’7
The convention defines ‘Desertification’ as ‘Land degradation in arid, semi-arid
and dry sub-humid areas resulting from various factors, including climatic
variations and human activities, for example, soil erosion caused by wind and/or
water; deterioration of the physical, chemical and biological properties of soil and
long term lost of natural vegetation. The aims of combating desertification are the
prevention and/or reduction of land degradation; the rehabilitation of partly
degraded land and the reclamation of desertified land.
Belize priority requirements under the UNCCD as identified by the thematic
report8 are:
7 UN Convention to Combat Desertification – Article 2 8 Green 2005: 15-20
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Article 2 : Adoption of Integrated Strategies to combat desertification and
mitigate effects of drought
Article 5 : Establish strategies and priorities to address underlying causes
of desertification; promote awareness and participation of local
populations; strengthen and enact laws; establish long term policies and
programmes
Article 10 : Prepare National Action Plan
Article 19 : Emphasize capacity building, education and public awareness
4.0 PURPOSE AND OBJECTIVE OF THE CONSULTANCY
The purpose of the Consultancy is to provide support in legal matters to the
National and International Consultants conducting the capacity self assessments
across the three thematic areas, in coordination with the Project Manager.
The objective of the Consultancy is:
To review existing legislation, institutional and policy frameworks, and
overlaps in legislation and institutional mandates related to all three
thematic areas;
Assess ways of harmonizing laws and regulations to provide a more
efficient legal and policy framework, and of the financial issues/challenges
relevant to such efforts;
Identify the legal responsibilities and relevant activities of ministries,
agencies and other government bodies involved in implementing these
conventions;
Identify the role of the private sector and other relevant stakeholders in the
Legal Framework related to the thematic areas;
Identify the existence of relevant legal information and data bases;
Identify capacity constraints and priorities for action from the legal
perspective; and
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Identify the financial resources to execute action plans, monitoring,
evaluation and reporting frameworks and capacity constraints and
priorities for action.
5.0 APPROACH AND METHODOLOGY
The approach to executing the consultancy was a three-prong rolling approach,
which focused on the actors, the process and the product. It involved discussions
and extensive consultations with all stakeholders and de facto and de jure
authorities to inform the drafting of this report on the full assessment of legal
capacity cross cutting issues that hinders Belize’s ability to meet its commitments
and obligations. The consultant adopted an approach that is both participatory and
inclusive, such that the report addresses the issues of the stakeholders in a manner
that reflects their concerns and possible solutions, and not just that of the
consultant, technocrats or bureaucrats. Specific emphasis was placed on these
following aspects of the process:
Actors: Environmental issues and concerns emanating from the three
conventions transcends individual ministries, departments, agencies, sectors
and institutions and thus consultations were held with public and private
sector agencies and institutions involved or impacted upon either directly or
indirectly, or having and interest in contributing to the objectives of the three
conventions, the staff of the NCSA, the national committees for the three
conventions, the authors of the thematic reports, the PMU and the PSC to gain
and share knowledge and experiences, to develop partnerships and
stakeholders’ confidence in the processes and solutions envisaged.
Process: The Consultant identified and addressed issues related to legislation,
institutional and policy framework and financing through capacity building,
consultation and prioritization of actions to facilitate short, medium and long
term planning to meet obligations and commitments of the conventions
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Product: A draft report on the full Assessment of Legal and Capacity Cross
Cutting Issues which builds and strengthens the capacity of agencies and
organizations mandated to implement the obligations and commitments of the
conventions.
6.0 Limitations
While no major limitation was experienced in preparing this report, it must be
noted that it was very dependent on the thematic reports prepared by individual
consultants. The production of these reports was prolonged due to continuous
modifications and updating subsequent to the thematic workshops, and the
emergence of new information. This affected the time line for producing this
report.
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PART I - SITUATIONAL ANALYSIS – POLICY, LEGISLATION AND
INSTITUTIONS
7.0 GENERAL
Belize ratified the UN Convention on Biological Diversity (UNCBD) on
December 30, 1993, the UN Framework Convention on Climate Change
(UNFCCC) on October 31, 1994 and the UN Convention to Combat
Desertification on July 23, 1998. These three conventions are considered the “Rio
Conventions”, as they were initiated at the UN Conference on Environment and
Development (UNCED), or ‘Earth Summit’ in Rio de Janeiro in 1992, and are the
focus of the National Capacity Self Assessment.
Ratification is an act whereby the state acknowledges that it is legally bound.
However, international treaties are only binding between parties of the treaty and
not on the citizens of the contracting party states, unless and until they are
implemented into domestic law. Thus the first stage of compliance for the
contracting party is to impose the obligations of a treaty on its citizens through
incorporating international obligations and commitments into domestic
legislation.
8.0 TERMINOLOGIES HAVING IMPLICATIONS TO BELIZE’s MEETING
THE COMMITMENTS OF THE THREE CONVENTIONS
The extent to which Belize is obligated to the commitments of the conventions
can be discerned from the terms they contain, most of which seem to weaken the
commitments. In UNCBD, the main one is ‘as far as possible and as
appropriate’. While this proviso applies to most of the commitments, including
in-situ and ex-situ conservation, monitoring and integration and cooperation
between parties, another, Article 6, contains a further proviso that requires each
party, ‘in accordance with its particular conditions and capabilities’, to develop
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national strategies, plans or programmes for the conservation and sustainable use
of biological diversity, and ‘as far as possible and as appropriate’ to integrate
conservation and sustainable use of biodiversity into relevant sectoral or cross-
sectoral plans, programmes and policies. Elsewhere, there is a requirement to
‘promote’ and ‘endeavor’, which appears to be nothing more than aspirations.
The main commitments of UNFCCC are listed in Article 4, and states that in
meeting its commitments, all parties can ‘take into account their common but
differentiated responsibilities and their specific national and regional
development priorities, objectives and circumstances’. This proviso applies to
the drawing up of a national inventory, promoting sustainable development,
taking into account climate change etc. Furthermore, the performance of parties is
interlinked. Thus Article 4 (7) states that the extent to which parties from the
developing world will effectively implement their commitments is dependent on
the effective implementation by parties of the developed world of their
commitments in relation to financial resources and technology transfer.
Similarly, the commitments of UNCCD are qualified by certain terminologies.
The party obligates to ‘undertake’, ‘encourage’ and ‘cooperate’ ..’according to
their respective capabilities’ (Article 17 and 20), ‘as mutually agreed and in
accordance with their respective national legislation/policies…’ Article 18. Thus
if there are no national legislation and policies, the requirements do not have to be
met.
While the intent behind using these terminologies was both to encourage parties
to ratify the conventions as against discouraging them with precise commitments,
and to introduce flexibility to meeting changing circumstances, it also took into
consideration the varying capacity and capability of contracting parties in meeting
the requirements of the conventions, the necessity for developed countries to
contribute to developing countries meeting their obligations, and very important,
the sovereign right of states to chart their own developmental path.
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However, this does not deter from the fact that the terminologies utilized do
weaken a party’s obligation to meet the requirements of the conventions.
Furthermore, as was stated earlier, international law is essentially between states
and not individuals. It follows therefore, that compliance and enforcement is not
governed by the same rules that induces an ordinary citizen to obey the law. Thus,
compliance with international law is, at heart, a political obligation, and the role
of sanctions, injunctions and penalties and remedies is less prominent than in a
domestic situation. This therefore points to the need for a strong political will
from the GOB, and the participation of all stakeholders in the process to ensure
compliance with the requirements of the conventions.
But what must not be overlooked, and which is of utmost importance to Belize, is
that compliance provides a means and an opportunity for the requirements of the
conventions to be merged with and streamlined into national, regional, sectoral
and local development policies. In other words, Belize can localize the convention
requirements by capitalizing on their provisions to meet its own developmental
goals. In this way, the realization of national, regional, sectoral and local
developmental goals is the ultimate objective.
9.0 EXISTING POLICY, LEGISLATIVE AND INSTITUTIONAL
FRAMEWORK TO IMPLEMENT THE THREE CONVENTIONS
9.1 General
As was noted earlier, the ratification of a convention does not impose obligations
upon the people of a country unless and until the requirements are incorporated
into national policies and domestic legislation, the former ensuring that the
requirements of the conventions are streamlined into the over arching framework
of national, sectoral and local development policies, and the latter, providing the
vehicle for implementation, compliance and enforcement.
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There are a myriad of policies, legislation and statutory provisions and institutions
which are being used or can be used to facilitate Belize’s ability to meet the
requirements of the three conventions. This will be presented within the context
of the origins of the conventions, the source of GOB policy, which happens to be
the manifesto upon which they were elected to office, the policies of various
sectors of government, which is normally an elaboration and extension of the
preceding, and the legislations and institutions which bring effect to policy.
9.2 Policies
9.2.1 Context:
There appears to be no clear articulated policy that integrates all three conventions
and which provides an overarching vision of their objectives in Belize. However,
if the origins of the conventions are considered, it will be noted that all three
emanate from the UN Conference on Environment and Development (UNCED),
which was convened in Rio de Janiero, Brazil in 1992 to put flesh on the bones of
the concept of sustainable development.9 The Rio Declaration on Environment
and Development was one of three non-binding instruments coming out of
UNCED, and contains 27 principles. The effect of it was to place the rights and
obligations of Principle 21 of the Stockholm Declaration10 in the context of
human development. The first principle states that:
‘Human Beings are the centre of concerns for sustainable development. They are
entitled to a healthy and productive life in harmony with nature.’
9 The Brudtland Report published in 1987 defines sustainable development as ‘development that meets the needs of the present without compromising the ability of future generations to meet their own needs.’ 10 UN Conference on Human Development 1972
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Of significance is also principle four which states:
‘In order to achieve sustainable development, environmental protection shall
constitute an integral part of the development process and cannot be considered
in isolation of it.’
The fundamental underpinning linking all three conventions is the concept of
sustainable development, of which environmental protection, while an integral
part, is but one part. However, this is mentioned minimally in many of the
discourse of the three conventions, and undoubtedly contributes firstly, to the
mental construct that the conventions are primarily concerned with environmental
protection and a misunderstanding of the objectives of the conventions, and
secondly, to a piecemeal and ad-hoc approach to convention implementation,
which translates in to missed opportunities for synergies upon which Belize can
capitalize to meet its national, regional, sectoral and locally defined
developmental goals.
Notwithstanding, there are many policies, strategies, plans and frameworks
formulated, adopted and being implemented, either with or without conscious
reference to the concept of sustainable development and in furtherance of the
objectives of the three conventions, at various levels of government, albeit
uncoordinated, which have implications to meeting the requirements of all three
conventions, and which invariably contributes to the concept of sustainable
development. Some of these were referenced in the thematic reports, while others
emerged during research for this report.
9.2.2 PUP Manifesto 2003-2008 - Go Belize Go
The policies from which programmes and projects of any government are
formulated are initially contained within the political party manifesto utilized in
the campaign leading to general elections. It is the platform upon which a political
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party is elected to govern. Under the caption ‘Protect, preserve, prosper’, of the
PUP manifesto, it states that ‘the responsible use of our natural resources means
not only protecting the environment but also using what is ours to create jobs,
increase production of eco-friendly goods and expand employment opportunities.’
Particularly, it makes mention of continuing ‘....to develop and implement policies
and laws that protect the environment against deforestation, soil erosion,
coastline erosion, destruction of the reef, pollution of water and destruction of
natural habitat for wildlife.’ This represents the overarching environmental
policy so to speak of the GOB, which should shape and influence all
sustainable development and environmental protection related policies.
9.2.3 Strategies, Sectoral Policies and Plans
Belize Biodiversity Strategy and Action Plan:
This strategy and action plan sought to address the threats to habitats and species.
It recommends the establishment of a National Biodiversity Office as the overall
coordinating body for biodiversity conservation in Belize; the formal adoption of
the Protected Areas System Plan; the removal of legislative overlaps as a pre-
requisite to effective coordination among agencies; the formulation of legislation
specific to biodiversity; the development of enforcement mechanisms; the
development of a management framework for marine reserves and other protected
areas; major education and public awareness campaigns; substantive investments
in human and institutional capacity; and legislation to ensure compliance with
Belize’s commitments under the UNCBD and other international agreements
relevant to biodiversity. This policy is a direct result of the UNCBD but was
never officially adopted.
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National Poverty Elimination Strategy and Action Plan 1998-2003:
This strategy and action plan was produced to elaborate on GOB commitment to
poverty reduction. It concentrates on supporting economic growth/income
generation and sustainable livelihoods; promoting human capital through
education & training; strengthening health service and health care delivery;
addressing housing shelter and human settlement planning; catering for social
vulnerability and safety nets; and ensuring protection and conservation of the
environment. The preparation of this policy was spear headed by the National
Human Development Advisory Committee (NHDAC), a cabinet appointed
committee chaired by the Ministry of National Development and comprised of
representation of GOB, trust funds, social and development NGO’s, civil society,
the private sector and donor agencies. There is no reference to any of the three
conventions. This Strategy and Action Plan is in operation and is now being
revised.
Medium Term Economic Strategy 2003-2005
This strategy was formulated by the Ministry of Economic Development, now
National Development (MND), and is the center piece of GOB plan of action for
economic development. It notes that its aim is to strengthen Belize’s foreign
reserves and consolidate its fiscal accounts; introduce new domestic monetary
instruments; achieve sustained and balanced growth of 5-6% per annum and place
attention on strengthening capacity and performance in land use planning,
environmental management and environmental protection, as these are cross
cutting issues important to poverty reduction; health sector development; tourism-
particularly eco-tourism and community based tourism; industrial and agricultural
development and disaster mitigation and management.
While the strategy is termed ‘economic’, it encompasses social, environmental
and physical development issues. It is informed by contributions of various public
35
and sector and quasi and non government organizations. Discussions with MND
revealed that this strategy, to a large extent, is a compilation of sectoral input, and
not a reflection of any overarching national policy articulated to shape these
inputs. Noteworthy is that there is no mention of the use of economic instruments
in fiscal and sectoral policies to discourage waste and promote environmentally
sound development practices. Neither is there any reference to any of the three
conventions. This Strategy was adopted and is in operation. It is currently being
revised.
The National Food and Agricultural Policy (2002-2020)
This policy defines the vision of the Agriculture, Fisheries and Cooperatives
Sectors as ‘A Fully Transformed and Modern Sector that is Fully Competitive,
Diversified and Sustainable.’ It states that the policies of the Ministry of
Agriculture, Fisheries & Cooperatives are to be guided by the major challenges
and constraints facing the sector, that is, labour productivity,
inadequate/inappropriate credit, opportunity for improving food security,
inadequate infrastructure, maintaining plant/animal health status, increase agro-
processing and linkage to the tourist industry and greater diversification. It further
states that it’s cross-cutting policies are to focus on research & development,
human resource development, agro-processing, sustainable resource management,
watershed management, extension, credit, trade/price, diversification and rural
development designed to address factors that cross all three sub-sectors.
Despite the fact that this policy has significant implications to all three
conventions, there is no mention of any of the conventions in it. This policy was
adopted and is in operation.
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Cayes Development Policy:
This is an initiative of Coastal Zone Management Authority and Institute
(CZMAI) and its basic objective is ensuring the sustainable use and long term
protection of the natural resources of the coastal zone through motivating and
encouraging both local and foreign investment in coastal resources; promoting
development without compromising national identity and time honoured rights;
balancing development with sound conservation management; strengthening
and supporting GOB procedures for reviewing development proposals, and the
resources available to carry out those procedures; and ensuring that the existing
and customary users and occupants of the cayes have a right to security of their
interests. It is an elaboration of the provisions of a Coastal Zone Management
Strategy which was endorsed by cabinet in 2003. This policy is as a direct
result of the UNCBD and UNFCCC but was never officially adopted.
National Climate Change Adaptation Policy:
This is an initiative of the National Meteorological Service (NMS). It encourages
all agencies in Belize to explore and access the opportunities being developed by
the climate change negotiation process such as capacity building, new sources of
funding, and technology transfer. It requires all relevant government agencies to
prepare adaptation policy options for their sectors. This policy is as a direct result
of the UNFCCC, but was never officially adopted.
Belize National Hazard Mitigation Policy
The policy document states11 that its main purpose is to provide an integrated
approach to hazard risk management and sustainable development, at national,
sectoral and community levels. It notes also that it provides an important
benchmark for stakeholder cooperation and a useful platform for pro-actively
11 Belize National Hazard Mitigation Policy 2004:7
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addressing hazard reduction issues within the context of development planning. It
was prepared by the National Policy Development Committee through a
collaborative effort with the Caribbean Disaster Emergency Response Agency
(CDERA) and the GOB through the National Emergency Management
Organization (NEMO). It establishes a link between hazard mitigation and the
UNFCCC and environmental management. This policy was officially adopted
and is in operation.
Belize Tourism Policy 2005:
The vision of this policy is to develop a vibrant and progressive tourism industry
through a responsible approach which embraces a strong ‘eco-ethic’ and effective
destination management that seeks to improve the quality of life for all Belizeans.
The vision is shaped by seven principles, three of which are the designing of all
tourism activity to improve the quality of life enjoyed by all citizens; the
meaningful role that local communities will play in the tourism sector, that is, one
that ensures economic, social and cultural benefits to each participating
community; and integrating tourism policy and development programs with
national, economic, social and cultural practices. Noteworthy is that
environmental stewardship in sustaining the tourism industry is not prominently
featured in the policy. The policy has been officially adopted.
National Aquaculture Policy and Plan
This was an initiative of the Fisheries Department in collaboration with CZMAI.
Several policy objectives are articulated including improving food security and
alleviating poverty; optimizing social and economic benefits to the wider
community and country; use of land and water that is suitable for shrimp farming
and other aspects of aquaculture while at the same time conserving sensitive
aquatic habitats and important ecosystem functions and improving environmental
sustainability. This policy and plan has not been officially adopted.
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Forest Department Strategic Plan:
The overall goal of this plan is ‘to have in place a regulated, efficiently facilitated,
integrated and sustainable management program for the forest resources in such
a manner that these resources are recognized for their ecological functions as
well as for their contributions to the local and national economy.’12 While it
streamlines many of the requirements of the UNCBD into its programming, and
enhances existing operational activities to meet the requirements of UNCBD and
UNCCD, it also has implications to UNFCCC. This plan was adopted and is in
operation.
PACT Strategic Plan:
This strategy positions PACT to be an enabling agent to direct resources toward
sustainability in specific areas namely, education and awareness; collaboration
and coordination amongst stakeholders; capacity building; and research and
information sharing. While the direction of the PACT efforts were discerned from
extensive consultations, it is not clear if any national overarching need
underpinned the selection of areas of focus. In addition, the document makes no
mention of any of the three conventions. This Plan has been adopted.
Belize National Environmental Action Plan (NEAP)
This plan states its immediate objectives as firstly, to provide the blueprint for
the development and implementation of environmentally sustainable development
policies by the Government and secondly, the improvement of inter-sectoral
coordination of the various environmental players. It further states its ultimate
objective is a program of policy reforms, institution building, studies and
investments that will improve the state of the environment of Belize and put the
country on a path to sustainable development. It also notes that the Government
12 MNRE: Forest Department Strategic Plan 2005-2010 at vii
39
considers the NEAP to be a dynamic document that will require constant updating
as circumstances change, through the continued involvement of the public and
private sectors, as well as NGOs and community - based organizations. There is
no reference to any of the three conventions in this document. This document was
adopted and is in operation. It is also to be revised shortly.
National Energy Plan for Belize:
This plan was commissioned by the Public Utilities Commission (PUC) and
sought to review and forecast the energy needs for the present and future
development of Belize’s and to make recommendations as to types and mixes of
sustainable energy, the use of renewable energy sources and the impact of
agreements to the development of the energy sector. It was a recommendation of
Belize’s First National Communications to the Conference of the Parties of the
UNFCCC that a National Energy Policy be created and adopted. This Plan was
adopted.
9.3 Legislation and Institutions Applicable to All Three Conventions
9.3.1 General
The legislative provisions for addressing environmental concerns have emerged
for varied reasons, but largely in response to the problems posed as a result of the
negative impact of industrial and agricultural activities and urbanization on the
health of human beings; the exploitation, regeneration and protection of the forest
and the protection of wildlife from commercial exploitation. Thus the emergence
of housing, public health, land use planning, forestry, wildlife and later
environmental protection statutes were incremental, and were enacted over a
period commencing in the 1900’s, and prior to the ratification of any of the three
conventions. Only the Coastal Zone Management Act was a direct consequence of
the ratification of the conventions. As well, because most were enacted prior to
40
independence, they were often a reflection of the importance of some concern or
colonial policy emanating from the United Kingdom.
Notwithstanding, they are being utilized and can be more effectively applied in
complying with the requirements of the conventions. This is because meeting the
objectives of the conventions are intrinsically connected to the utilization of land
(water sits on land) by human beings. That is, the extent to which biological
diversity is conserved (UNCBD), green house gasses stabilized (UNFCCC) and
land degradation prevented (UNCCD), are all dependent on anthropogenic
activities. Thus any legislation which regulates how humans use land has
consequences for realizing the objectives of the three conventions.
However, while planning legislation is the primary tool for regulating land use
from which conservation and environmental protection can be achieved, in certain
respects, it must be supplemented by special regimes which are designed to
protect or preserve trees and habitats, ancient monuments and areas of historic
and scientific interest, and the disposal of hazardous waste and substances.
The following represents a listing of such legislation, with the focus being on the
primary legislation and administering institutions, and their usefulness to
implementing the requirements of the three conventions.
9.3.2 Primary Legislation and Institutions
(1) Constitution of Belize:
The Constitution of Belize is the supreme law of the land and enshrined in it, is
the requirement of policies of the state to ‘…protect the environment’ and
‘…promote international peace, security and co-operation among nations, the
establishment of a just and equitable international economic and social order in
the world with respect for international law and treaty obligations in the dealings
41
among nations.’ 13 These are commitments which should clearly underpin all
policies and subsequent legislation.
The constitution also provides for the allocation of portfolios to ministers of
government by virtue of S 41. Those that have relevance to this consultancy are
the responsibility for Inter-Ministerial Coordination, assigned to the Office of the
Prime Minister; treaties, which are assigned to the Minister of Foreign Affairs
(MFA), and that for environmental protection, which is assigned to the Minister
of Natural Resources, Local Government and the Environment (MNRLGE).
Noteworthy, is that there is no assignment of portfolio for sustainable
development, of which environmental protection is only one facet.
It must also be mentioned that the MFA manages approximately four hundred
(400) international and regional treaties and agreements. It is not involved in the
actual implementation of a treaty or agreement, once the focal point has been
identified. In regards to the UNCBD, UNFCCC and UNCCD, they do not
provide any supervisory functions or are they abreast of communication between
focal points and the UN Secretariat.14
(2) Housing and Town Planning Act
Planning legislation plays a central role in addressing environmental concerns and
law, because of its enormous importance in relation to locational issues (where
development is sited), as well as determining how much of a particular activity
(resorts, housing, shrimp farms etc.) is allowed and the intensity of such
development. It is an anticipatory system of control and much wider than simply
environmental protection, in that in organizing physical development, it balances
economic, social, political and environmental factors in making decisions about
the use of land. The preparation, implementation and enforcement of land use
13 Belize Constitution – Preamble (e) 14 Per conversation with Ministry of Foreign Affairs Officer with responsibility for treaties.
42
plans is possible the single most mitigative tool to sustain the health of
ecosystems, to maintain soil productivity and to influence climate change.
The Housing and Town Planning Act15 (HTPA) is the primary land use planning
legislation in Belize to regulate the use and development of land, according to the
meaning of development ascribed in the act, notwithstanding its provisions for
addressing housing. It applies to all land in Belize, and provides for the
appointment of a Central Housing and Planning Authority (CHPA) by the
Minister responsible for housing for its administration, with powers to prepare
and enforce planning schemes. The Housing and Planning Department (HPD) is
the executing arm of the act. However, the dual function of housing and planning
proved detrimental to the development of planning, as housing was a tangible
product that gained political benefits and planning did not. Today, the department
has neither the technical capability or capacity to perform its legislative mandate.
Antoniou and King 1990 acknowledge however, that while described as
anachronistic and flawed by deficiencies, these do not render it completely
unworkable. In fact, they were of the view that the fundamental problem was
resource allocation and technical expertise. Added to this is centralization and
sectoral approach to decision making, and the non-prioritization of planning.
Notwithstanding, there are key legislative deficiencies which have been
identified, the two main ones being:
(1) In plan preparation and adoption, the CHPA has a power and not a duty to
prepare and adopt planning schemes. Thus, invoking that power is
discretionary.
(2) The narrow meaning of development which “in relation to any land
includes any building or re-building operations and any use of the land or
any buildings thereon for a purpose for which the building was last being
15 Chapter 182, RE 2000.
43
used”. This does not embrace contemporary development issues which
have serious implications to meeting the requirement of the three
conventions.
In preparing a scheme, specific matters must be dealt with including:
The zoning of land in town and country areas for reserving such land for
specific purposes, including agriculture, forestry, industry, commerce,
housing, recreation which overlaps with the Forest and Land Utilization
Acts.
Providing for the preservation of views and prospects and of the amenities
of places and features of natural beauty and interest, buildings and objects
of artistic, architectural, archeological and historic interest which overlaps
with the Ancient Monuments and Antiquities Act
Providing for the preservation and protection of forests, woods, trees,
shrubs, plants and flowers which overlaps with the Forest Act.
The prohibition, regulation and control of the deposit or disposal of waste
material and refuse which overlaps with the Environmental Protection Act
The layout , density, spacing, grouping of housing areas and siting of
community facilities
Planning schemes have been prepared and adopted for Dangriga and Corozal
Towns, and resolutions have been passed by the CHPA to prepare schemes for
Ambergris Caye, Belize City and Belize as a country. However, while schemes
have been prepared for Ambergris Caye and Belize City, they have not been
adopted. In the case of Belize as a country, no scheme has been prepared.
Notwithstanding, once a resolution is passed to prepare a scheme, the CHPA is
empowered to approve with or without conditions applications to develop land or
refuse such applications. It is also empowered to serve prohibition notices against
unauthorized development. However, there is no requirement to submit an
44
application, and only if an application is submitted by a developer can the power
to approve with or without conditions or refuse the application be invoked.
The HTPA has commendable features as it can facilitate transparency and
consistency to decision making, provides for the delegation of its powers to local
authorities, a type of decentralization which the CHPA has engaged in several
times since the enactment of the HTPA, enables the right of appeal of an
aggrieved person, the concept of betterment and compensation and the right to co-
opt specialized technical expertise when necessary. The CHPA is constituted of
key agencies including Works, Public Health and Lands and Surveys.
Unfortunately, the act is hardly ever used.
It must be noted that the provisions of the HTPA to prepare and enforce planning
schemes was conferred upon the Reconstruction and Development Corporation by
virtue of the Reconstruction and Development Corporation Act to prepare and
enforce a planning scheme for Belmopan.
(3) Land Utilization Act
The Land Utilization Act (LUAct)16 provides for the establishment of a Land
Utilization Authority (LUA) and is been administered through the Physical
Planning Section (PPS),Lands and Surveys Department (LSD) of the Ministry of
Natural Resources, Local Government and the Environment (MNRLGE). Part II
provides for the subdivision of all land in Belize and for alienation purposes, and
Part III for Land Utilization. Matters dealt with for the subdivision of land are the
location, dimensions, boundaries of land and location of drains, rivers, streams,
monuments or ruins in relation to the land and applies to both urban and rural
land.
16 Chapter 188 RE 2000
45
While the LUA has been vigilant in its administration, the act itself provides no
criteria or factors to weigh or consider whether approval should or should not be
issued and the conditions which should apply if it should. Neither is there any
policy direction from the MNRLGE, and approval of provisional and final
approval for subdivision are at the sole discretion of the Minister. This has
allowed the act to be criticized as lacking transparency and accountability in
decision making. Furthermore, there is no process for the aggrieved person to
appeal, and while it provides for consultation with local authorities, the process
remains centralized.
A key deficiency of this act is that it allows for the alienation of land without
approval, for land to be alienated to owners of land abutting the land being
subdivided, and for the transfer of land to wife or children, the latter also being
discriminatory. 17
S 19 (1) of the act empowers the minister to make regulations for a variety of
matters including:
the demarcation of areas for water catchment and water sheds and the
prohibition of clearing of vegetation in those areas which overlaps with
the Water Industries Act
the demarcation of special development areas (SDA) and the stipulation of
the type of development to be permitted in these areas which overlaps with
the HTPA18
The clearing of forests and the felling of trees which overlaps with the
Forestry Act
A number of SDA’s have been prepared by the PPS of the LSD and have been
declared. They are as follows:
17 S 18 ibid 18 There is a tacit agreement between the MNREI and HPD that the former focus on rural areas and the latter, urban areas.
46
Monkey River (SI 152 of 1991) to facilitate the economic generation of
the area through the mix of locally controlled tourism and agriculture
Burrel/Boom/Hattieville/Ladyville (SI 164 of 1991) to cater for the growth
options of the Belize City environs
Manatee (SI 162 of 1991) to address the conflicts between agricultural
uses and tourism/conservation uses
Corozal District East (SI 163 of 1991) to identify land suitable for
agricultural expansion with coastal tourism
Cayo District West (SI 90 of 1992) to reconcile the differences between
urban expansion, agriculture, tourism and environmental protection
Manatee West (SI 142 of 1992) to open up land with agricultural potential
while endeavouring to maintain the forest reserve
Mango Creek (SI 4 of 1994) to address the conflicts of tourism
development pressure, to identify suitable land for village expansion, to
maximize agricultural potential, to protect the environment and to promote
the Mango/Big Creek as an economic growth point
Belize District Northeast (SI 1 of 1994) to revitalize the economy of the
area through agricultural expansion, tourism and local commercial
initiatives
Orange Walk District East (SI 2 of 1994) to rationalize competing
agricultural and forestry uses to cater for urban expansion around Orange
Walk Tow and to identify suitable land for village expansion
Corozal District North (SI 3 of 1994) to guide urban expansion and protect
agricultural land to rationalize the expansion of tourism and retirement
home building, to promote commercial and industrial growth and to
protect the environment
The process of preparing a SDA does not legally require consultation with
affected stakeholders, and there are fines for non compliance. However, the
LUAct does not detail the contents or effects of a SDA or provides for the
47
meaning of development and other key terminologies. Neither does it provide for
decentralization in its administration and enforcement. These SDA’s are hardly
known outside the MNRLGE, and monitoring, compliance and updating is absent,
due to its centralized administrative location. Furthermore, there is insufficient
institutional capacity and capability to ensure compliance with the SDA.
Notwithstanding, they can be described as representative of adequate and
proactive responses to prevailing changes in land use development trends and
patterns, and are useful as broad indicators of land use classes to be applied in
specific areas. It is a de facto land use planning legislation, even though it has
been described as a “one line authorization’19. Unfortunately, they are not
maximized by other GOB agencies, institutions and organizations in policy
formulation and decision making, and the composition of the LUA itself is
confined and not reflective of present day environmental concerns. Furthermore,
even departments and sections within the MNRLGE ignore their existence and
hardly subscribe to them.
This is evidence of minimal integration between units of departments and
departments within the ministry, and may be a result of the Physical Planning
Section (PPS) been relegated to merely a section in the Lands and Surveys
Department, rather than being in a more pivotal position within the Ministry itself.
Currently, it is overshadowed by the other units and sections such as the Land
Information Center (LIC), the National Estate Section (LES) and the Land
Valuation Unit (LVU), all of which should be data bases for the PPS, which
rightly should be providing direction to these other units and sections as to type
and format of data to be collected and presented, and conversely using the data
generated in these units and sections to inform decision making in the allocation,
distribution and use of land, all of which have implications to the protection of the
environment and sustainable development.
19 Christie, Donna R. 2001: 37
48
A paradoxical situation exists which is glaringly apparent, as data sharing and
support mechanisms for work programmes are not coordinated and integrated
sufficiently to inform policy and programs.
(4) Environment Protection Act
The Environmental Protection Act (EPA)20 cuts across many sectors in its
coverage and has a broad environmental mandate. It is the primary pollution
control legislation and empowers the Minister of Natural Resources, Local
Government and Environment to set levels for emissions, discharges and deposits
of pollutants into the environment. It also requires any person intending to
undertake any programme or activity which may significantly affect the
environment to prepare and submit an Environmental Impact Assessment to the
Department of Environment (DOE). This is a key requirement of UNCBD and
has major implications to UNFCCC and UNCCD.
An evaluation committee National Environmental Appraisal Committee (NEAC)
is charged through regulations to make recommendations to the DOE as to the
adequacy or otherwise of such EIA and also of the circumstances where a public
hearing is desirable.21 NEAC is comprised of representatives of the private, public
and NGO communities. It must be noted however that the decisions of NEAC is
collective. Furthermore, the DOE is not bonded by the recommendations of
NEAC. Neither does it have to specify its reason for approval or refusal of an EIA
application.
In the absence of a functioning planning structure, the DOE has been the ‘de
facto’ agency authorizing development in Belize through the EIA process and the
application of an Environmental Compliance Plan. This has raised serious
concerns, as the EIA is primarily skewed toward environmental concerns, with
20 Chapter 328 RE 2000 21 Chief Justice Abdulai Conteh in decision of December 19, 2002 on Bacongo vs. DOE
49
that of social and economic being secondary. Chief Justice Abdulai Conteh noted
that there may well be inadequacy or inappropriateness of the EIA to undertake
this function, but that this was not clear, and that there is no explicit provision that
the consideration or approval of the EIA is to be tied to the grant of permission for
a project to proceed.
This ruling was further upheld in two recent cases and brings to question the use
of an EIA as a de facto planning tool. As noted by Conteh, ‘This may therefore be
a gap in the laws of Belize that needs to be plugged so as to make it clear that no
planning permission or approval of a scheduled project will be given unless an
EIA is presented in respect of it and approved. And preferably to state the reason
for approval or disapproval.’
Undoubtedly, without the use of the EIA process, and the absence of an effective
planning system, the review and approval of projects which may have negative
impacts on the environment is in a vacuum, and requires serious attention.
(5) National Lands Act
The National Lands Act22 is administered through the Lands and Surveys
Department (LSD) of the Ministry of Natural Resources, Local Government and
Environment (MNRLGE), and applies to all national lands, including cayes and
sea beds, but excluding forest reserves. This places forest reserves in a
terminological and tenurial ambiguity, as land tenure is normally private or crown
(state owned) lands. It empowers the minister to approve grants, titles and leases
on such terms and conditions of occupancy and use at such rates as he deems fit.
Interestingly, it enables persons to achieve ownership of land through
development, which includes’ removing and keeping clear of bush.’
22 Chapter 191 RE 2000
50
There are no implementing regulations, guidelines or policy statements to guide
the Minister in the disposal of land or conditions of lease or grants or use of land.
Such decisions may or may not comply with the use assignment of SDAs, coastal
zone guidelines or in recognition of the needs and aspirations of local authorities
and municipal agencies, the latter being a rather contentious matter, attracting
criticisms for lacking transparency and accountability.23Neither is the ecological
value of land taken into consideration in determining lease and purchase value.
The act also defines classes of land but provides no explanation of the
designations. It excludes a class for submerged lands, notwithstanding that it
includes seabed in the definition of national lands, and while it empowers the
minister to make exceptions to the sixty-six feet reserves requirement for
protecting properties and preserving public access, it provides no guidelines as to
when it is appropriate to deviate.
(6) North Ambergris Caye Development Corporation Act
The North Ambergris Caye Development Act (NACDCA)24 provides for the
establishment of a North Ambergris Caye Development Corporation by the
Minister of Finance, with the function to secure the proper development of the
North Ambergris Caye including infrastructural, residential, commerce and tourist
facilities, ecological reservations, environmental protection, wildlife reserves etc.
While it is without prejudice to the provisions and functions of the HTPA, it does
overlap with the FA and FishA as it relates to ecological reserves.
23 Recent consultations with village councils suggest their dissatisfaction with this power of the Minister citing non-consultation with village councils despite the existence of the Village Council Act. 24 Chapter 284 RE 2000
51
(7) Coastal Zone Management Act
The Coastal Zone Management Act (CZMA)25 was enacted in 1998 to promote
sustainable development of the coastal areas and associated ocean areas through
coordination of existing legislation affecting coastal resources and through
building capacity and expertise to manage coastal areas. It is administered by the
Coastal Zone Management Authority and Institute (CZMAI) and provides for the
appointment of an Authority whose functions are primarily in the realm of
planning, advising, cooperating, collaborating and monitoring. It has no
jurisdiction to permit or regulate the use and development of coastal areas and the
definition of what constitutes a coastal zone is not clear nor fully inclusive to
effect integrated coastal zone management which requires consideration of upland
activities,
The Board is appointed by the Minister of Agriculture and Fisheries, and is multi-
disciplinary, crosses ministerial boundaries and represents a clear attempt at
integration of the management of coastal resources. The Authority is charged,
among other tasks, with the development of a Coastal Zone Management Plan
which must address inter alia,
guidelines to determine suitability of particular development activities in
the coastal zone
proposals relating to coastal zone which deal with land use, planning for
the establishment of protected areas and conservation of threatened or
potentially threatened endangered species
proposals for reservation of land or water in coastal zone for certain uses
Because it has no permitting powers, it is dependent upon agencies so empowered
to implement the plan, that is, the CHPA and the LUA. The implementation of the
plan is to be monitored by the CZMAI and the governmental and non-
25 Chapter 328 RE 2000
52
governmental agencies consulted during plan preparation, though it does not say
how this feat is to occur and how compliance is to be assured.
Notwithstanding, the CZMAI has accumulated a repository of information on
sustainable development uses and practices in the coastal zone and represents a
wealth of information to inform environmental management and planning.
Furthermore, its capacity building measures, scientific research arm, power to
acquire and hold land, participatory approach through stakeholders’ involvement
to coastal zone management and public education/awareness programmes may be
best practices to review for such initiatives.
(8) The Forest Act
The Act26 empowers the Minister of Natural Resources, Local Government and
the Environment to declare areas as forest reserves in an attempt to manage and
protect the resources through controlling the removal of timber species and
vegetation cover. This function is within the ambit of the Forest Department (FD).
The Act has been criticized as vague in the rationale for setting aside, de-
reserving and managing reserves, 27 as it provides no standards or criteria for
defining or stating the purposes of a forest reserve and no basic notice for
designation.
Neither does it require stakeholders’ participation in the process, which brings
into question transparency and accountability in decision making. The department
is also responsible for permits for mangrove clearance under the Mangrove
Protection regulations, but its use is limited and monitoring and enforcement is
almost impossible due to insufficient human, technical and financial resources.
This Act overlaps with the HTPA, the LUA and the NACDCA.
26 Chapter 213 RE 2000 27 Christie, D 2000:47
53
(9) Private Forest Conservation Act
The Act28 empowers the Chief Forest Officer of the Forest Department of the
Ministry of Natural Resources, Local Government and the Environment
(MNRLGE) to authorize the felling of mahogany and cedar trees and provides for
the mode of dealing with applications for this purpose, entry of land where
permission has been granted, the seizure and disposal of forfeited trees and
penalties and fines for contraventions of the provisions of the Act.
(10) Wildlife Protection Act
The Act29provides mainly for the regulation of hunting and the commercial
dealing in wildlife. It prohibits hunting of specific species, in closed areas and of
immature wildlife or females accompanied by their young. It does not give a
purpose or objective and does not apply to fish. Neither does it address the
introduction of wild animals not normally resident in Belize which can cause
disruption and ecological havoc. It is administered by the Forest Department of
the Ministry of Natural Resources, Local Government and the Environment
(MNRLGE).
(11) The National Parks System Act
The National Parks Systems Act (NPSA)30, administered by the Forest
Department of the MNRLGE, provides authority for the designation of national
parks (for the protection and preservation of natural and scenic values of national
significance), nature reserves (as a scientific reserve), wildlife sanctuaries (for the
protection of nationally significant species) and national monuments (for the
protection and preservation of nationally significant natural features of special
28 Chapter 217 RE 2000 29 Chapter 220 RE 2000 30 Chapter 215 RE2000
54
interest or unique characteristics). While the Act specifies what constitutes each
of the designee, restricts entry and prohibits certain acts, there is a discretionary
power for the Minister to make exemptions.
There is no clear understanding of an overarching aim of the act, or if the intent is
that each designee be an integral part of a national series. While informal
mechanisms exist for consultation and participation in the designation of areas
and the development of management plans, there is no legally binding mechanism
to ensure this, despite the fact that it has been proven that the involvement of local
communities in the monitoring and implementation of management plans is
critical to their success. In addition, while co-management agreements exists
between FD and NGOs and CBOs, several weaknesses have been identified in
these arrangements, including the lack of clarity on the implementation of
regulations; insufficient details on dispute and conflict resolution; and lack of a
mechanism for recovery of investment cost upon termination of agreements. This
is also applicable for agreements administered by other Departments responsible
for protected areas.
There also exists a National Protected Areas Policy Committee to guide policy
and accommodate public involvement in policy formulation. Notwithstanding, in
regard to Marine Protected Areas, the CZMAI has formulated guidelines for the
development of management plans to address all areas including “..zoning
schemes, permits, surveillance and enforcement, research and monitoring,
interpretation, education and community development, recreation and tourism,
administration and maintenance, and financial and sustainability.”31
There are also co-management arrangements with NGOs and community based
groups for the management of areas declared for the purposes of this act.
However, there is no standard format for the contents of these agreements, or
31 CZMAI , State of the Coastal Zone Report 1999, Belize (2000)
55
specific criteria to determine how agencies qualify to enter into co-management
agreements.
(12) Fisheries Act
The Fisheries Department (FishD) through the Fisheries Act (FishA)32 licenses
fishermen and aquaculture developments. It applies to ‘the whole of Belize’ thus
covering the country’s coastal and riverine waters. The Minister of Agriculture
and Fisheries is empowered to declare any area within the fishing limits of Belize
and as appropriate any adjacent surrounding land to be a marine reserve in order
to:
afford special protection to the aquatic fauna and flora of such areas and to
protect and preserve the natural breeding grounds and habitats of aquatic
life;
allow for the natural regeneration of aquatic in areas where such life has
been depleted;
promote scientific study and research in respect of such areas or;
preserve and enhance the natural beauty of such areas.
Other Relevant Legislation
(1) Disaster Preparedness and Response Act
The primary important component of this act33 is the power of the Prime Minister
to designate ‘specially vulnerable areas’ for the purpose of the mitigation of,
preparedness for, response to and recovery from emergencies and disasters. 34
Special precautionary plans are to be developed for these areas which include
standards for the development of these areas, which overlaps with the HTPA and
32 Chapter 210 RE 2000 33 Chapter 145 RE 2000 34 Ibid at S 15 (1)
56
LUA, and declaring particular areas not navigable. There is no formal linkage to
any planning or environmental legislation. This Act is administered by the
National Emergency Management Organization (NEMO).
(2) Belize Land Development Authority Act
This Act 35 provides for the appointment of an Authority to acquire and develop
land and to enforce the pattern, restriction and extent of land use. It overlaps with
the HTPA and the LU Act. It is administered by the Ministry of Agriculture and
Fisheries (MAF).
(3) Mines and Minerals Act
The Mines and Minerals Act36 is administered by Geology and Petroleum
Department (GPD) of the MNRLGE. It governs the dredging and extraction of
any non-renewable resources except for petroleum from land and in marine areas,
and provides specifically for the protection of the environment, as in granting
mineral rights, the GPD ‘shall take into account the need to conserve the natural
or cultural resources’.37
(4) Ancient Monuments and Antiquities Act
The Act38 empowers the Minister to declare areas of alienated or unalienated
national land adjacent to an ancient monument or any monument acquired to be
an archeological reserves. It is administered by the Institute of Archeology (IA)
which falls under the portfolio of the Minister of Education, Sports and Culture.
(5) Protected Areas Conservation Trust Act
35 Chapter 181 RE 2000 36 Chapter 226 RE2000 37 Ibid at S 93(1) 38 Chapter 330 RE 2000
57
This act39 was created to “encourage and promote for the benefit and enjoyment
of the present and future generations of the people of Belize, the provision,
protection, conservation and enhancement of the natural and cultural resources of
Belize.”40 It provides grants for research, training etc. to facilitate its purpose and
collects revenues from the use of the resources. Furthermore, approximately 45.5
% of all land is under protected status.41 It is managed by the Protected Areas
Conservation Trust (PACT) through a board appointed by the Minister of Natural
Resources, Local Government and the Environment.
(6) Agricultural Fires Act
This act42 applies to the setting of fire to land, which means setting fire to crop,
which is defined as growing crop, tree, wood or Underwood, or other produce or
soil vegetable, trash growing being in or upon land. It is administered by the
Agriculture Department (AD) of the Ministry of Agriculture and Fisheries
(MAF).
(7) Petroleum Act
This act43 is also administered by the Geology and Petroleum Department (GPD)
of the MNRLGE, and governs the exploration and extraction of petroleum and
related products. It is regulated by a permit system and while this has
environmental implications, it also freezes the use of land; impacts on land use on
and under land and involve major engineering operations.
(8) Toledo Development Corporation Act (TDC)
39 Chapter 218 RE 2000 40 PACT S 16(1) 41 PACT Annual Report 2001-2002 42 Chapter 204 RE 2000 43 Chapter 225 RE2000
58
The TDC Act was legislated to facilitate and promote sustainable development for
the Toledo District in a manner that protects the human rights of all its citizens. It
is to act as a conduit for investments into Toledo to enable the streamlining of
resources according to the needs and aspirations identified by the people
themselves. It is consultative and participatory and has the power to source
financing for its project from governmental and non-governmental sources. It is
regional in focus and its operations have implications to land use planning at the
regional and community levels.
(9) Private Works Construction Act
This Act44, the Private Works Construction Act (PWCA) empowers the Minister
of Natural Resources and the Environment to authorize construction on the banks
or shores of water ways and bodies. It is at the Minister sole discretion and input
by the Physical Planning Section may be requested. This piece of legislation has
implications to coastline stability.
(10) Banana Industry Act
This act45 establishes a Banana Control Board appointed by the Minister of
Agriculture and Fisheries, which functions include the power to acquire and
develop land and to grant licenses to cultivate banana, thus impacting on the use
of land.
44 Chapter 337 RE 2000 45 Chapter 205 RE 2000
59
(11) Registered Lands Act
This Act 46 guarantees legal interest through the registration of land and provides
for security and transparency to land interest. It is administered by the MNRLGE.
Noteworthy is that it does not provide for conservation easements.
(12) Non-Governmental Organization Act
This Act47 provides for the regulation of NGO’s through a process of registration.
It defines an NGO as an organization designed to contribute to human sustainable
development through programmes that encourage, educate and promote among
other activities community based development projects; responsible conservation,
protection and sustainable use of Belize’s natural environment, resources,
antiquities and monuments etc. It is administered by the Ministry of Human
Development (MHD)
(13) The Water Industry Act
This Act48makes provisions for the supply and control of water and sewerage
services in Belize; for promoting conservation and proper use of water resources;
and for providing for the issue of licenses to water supply companies among
others. It is administered by the MNRLGE.
(14) Solid Waste Management Authority Act
This Act49 provides for the appointment of an Authority by the Minister
responsible for pollution control, the Minister of Natural Resources, Local
Government and the Environment, with powers to declare any area in Belize to be
46 Chapter 194 RE 2000 47 Chapter 315 RE 2000 48 No 1 of 2001 49 Chapter 224 RE 2000
60
a service area and for the Authority to make arrangements for the collection and
disposal of solid waste within a service area, but not for the storage or treatment.
(15) University of Belize Act
The objective of this Act50 is to provide teaching, conduct research and offer
services consistent with the development needs of Belize. It is administered by the
Ministry of Education.
(16) Maritime Areas Act
This Act51 sets out the maritime jurisdiction claims of Belize. Through this
legislation, Belize claims a 12 nautical mile territorial sea with two exceptions,
one being the southern waters of Belize, where the pre-independence three mile
territorial sea is retained from the south entrance of the Sarstoon River to
Ranguana Caye, and the other being where the 12 mile territorial sea overlap with
the claim of an adjacent state. In the case of the latter, an agreement must be
reached between the two states to define an equidistant or medium line to be the
boundary.
While Belize makes no claim to an additional zone beyond territorial waters, the
Law of the Sea Convention (LOSC)52 allows such a claim to extend up to 12
miles beyond territorial waters. The Legislation also establishes a claim to a 200
miles exclusive economic zone (EEZ) in accordance with the LOSC. However, it
must be noted that the legal regime governing the EEZ is a unique compromise
between the sovereignty of a state and the freedom of the high seas. Thus, Belize
does not have exclusive jurisdiction over all economic matters in the zone.
50 Chapter 37 RE 2000 51 Chapter 11 RE 2000 52 1982 UN Convention on the Law of the Sea, opened for signatures December 10, 1982
61
Rather it has exclusive competence and rights to exploring, exploiting, conserving
and managing the natural resources, whether living or non-living, of the waters
superjacent to the seabed and of the seabed and its subsoil, as well as to the
production of energy from water, wind or current.53 Belize is also bound to share
surplus catch with other states in accordance with the convention.
Other Legislation:
There are also many other legislation which permits activities and operations
having indirect implications, either individually or collectively, to the
requirements of the convention, including the Village Council, Town Council and
City Councils Acts, the Harbours and Merchants Shipping Act, and the Belize
Tourism Act.
TABLE 01 following provides a summary of legislation having implications
to the three conventions. It also indicates the Ministry and Agency or
Organization responsible for administering the Legislation.
TABLE 01
Legislation and Institutions Applicable to the Conventions
Legislation UNCBD UNFCCC UNCCD Ministry AA
Constitution of Belize X X X
Housing and Town Planning
Act
X X X MOH CHPA
Environmental Protection Act X X X MNRLGE DOE
Solid Waste Management
Authority Act
X X X MNRLGE Board
Protected Areas Conservation
Trust Act
X X X MNRLGE PACT
Land Utilization Act X X X MNRLGE LSD
National Lands Act X X X MNRLGE LSD
53 Ibid at Article 56
62
Registered Lands Act X X X MNRLGE LSD
Private Works Construction
Act
MNRLGE LSD
Forest Act X X X MNRLGE FD
Private Forest Conservation
Act
X X X MNRLGE FD
Wildlife Protection Act X X X MNRLGE FD
National Parks System Act X X X MNRLGE FD
Mines and Minerals Act X X X MNRLGE GPD
Petroleum Act X X X MNRLGE GPD
Water Industry Act X X X MNRLGE Board
Belize Land Development
Authority
X X X MOAF Board
Coastal Zone Management Act X X X MOAF CZMAI
Fisheries Act X X X MOAF FishD
Agriculture Fires Act X X X MOAF AD
Banana Industry Act X X X MOAF Board
Disaster Preparedness and
Response Act
X X X MNE NEMO
Ancient Monuments and
Antiquities Act
X X MOE IA
University of Belize Act X X X MOE MOE
Non Governmental
Organization Act
X X X MHD MHD
Northern Ambergris Caye
Development Corporation Act
X X X MOF MOF
Toledo Development
Corporation Act
X X X MND MND
9.3.3 Institutions without Legislative Mandate
The National Meteorological Service (NMS) is the primary mover in regard to the
UNFCCC and has the responsibility to advise the government on matters related
63
to climate, climate change and water resources; the provision of warning services
to safeguard life and property and the collection, analysis and dissemination of
hydrological and meteorological data and information.
NMS is a member of many national committees and regional and international
meteorology organizations. Currently, there is uncertainty as to the status of this
agency, particularly as to the legality of its operations, as no legislation empowers
its operations or assign responsibility for any duty or function. This has
implications to compliance with its current activities, the right of entry into
private property for the collection of data and continuity. Notwithstanding, its
operational budget is approved by the National Assembly each year.
9.3.4 Focal Points
UNCBD Focal Point is the Chief Forest Officer, who is positioned in the Forest
Department. His appointment was simply through communications by him to the
UN Secretariat to change the name from that of the previous focal point. The
responsibilities of a focal point is not written into his job description. 54
UNFCCC Focal Point is the Chief Meteorologist, who is positioned in the NMS.
His appointment was communicated directly to him by the Ministry of Foreign
Affairs. 55 There is no requirement or directive to adjust job description to include
responsibilities as a focal point.
UNCCD Focal Point is the Deputy Chief Meteorologist who is also positioned in
the NMS. His appointment was communicated directly to him by the MNRLGE,
and not through the Chief Meteorologist, as is customary in the public service. 56
Similarly, there is no requirement or directive to adjust his job description to
include responsibilities as a focal point.
54 Per conversation with Osmany Sales – Focal Point UNCBD 55 Per conversation with Carlos Fuller – Focal Point - UNFCCC 56 Per conversation with Ramon Frutos – Focal Point - UNCCD
64
The focal points operate independently nationally, but with support from the MFA
internationally. In participating in negotiations and dialogue internationally, there
is limited consensus building with social and environmental partners, NGOs and
CBOs, and local governments, for formulating national positions.
10.0 OTHER ORGANIZATIONS AND AGENCIES INVOLVED IN TWO OR
MORE OF THE THREE CONVENTIONS
Besides GOB and quasi-government agencies and organizations, there are many
Non-governmental and Community Based Organizations, as well as private sector
entities involved in two or more conventions. They are engaged in the
management of protected areas, conservation efforts, research and environmental
awareness and advocacy, and addressing environmental concerns through socio-
economic and cultural initiatives. A summary of these organizations follows in
TABLE 02.
TABLE 02
Organizations Involved in Two or More Conventions
Agency/Organization Type UNCBD UNFCCC UNCCD
Belize Audubon Society (BAS) NGO X X X
Toledo Institute for Development and
Environment (TIDE)
NGO X X X
Citrus Research and Education Institute
(CREI)
Private X X X
Programme for Belize (PfB) NG0 X X X
Friends of Nature (FON) NGO X X X
Belize Institute for Environmental Law
(BELPO)
NGO X X X
Ya’axche Conservation Trust NGO X X X
Sarstoon Temash Institute for Indigenous
Management (SATIIM)
NGO X X X
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Belize Enterprise for Sustainable
Technology (BEST)
NGO X X X
In addition, NGOs and private sector representation in decision making is
explicitly provided for in many legislation, (LUA, HTPA) and Committees
(NEAC, LAC) as well as included formally on Committees to advise GOB on
environmental and sustainable development issues (NHDAC). Furthermore, they
are contractually obligated to perform certain functions through co-management
agreements and function as informal advisors in sessions to formulate policies and
plans having implications to meeting the requirements of the three conventions.
While there is no requirement for an NGO to register under the NGO Act to be a
party to a co-management agreement, or participate in any authority, committee
or informal consultations, NGOs are required to be registered to benefit from
funding from PACT. Interestingly as well, there is no formal mechanism to
register international NGOs and educational institutions who do research in
Belize, which contributes to loss of valuable data as well as missed opportunities
to direct research in areas of need and importance to the country.
11.0 DESCRIPTION OF EXISTING ACTIVITIES LINKING ALL THREE
CONVENTIONS
11.1 General
There are three major ongoing initiatives or activities that link all three
conventions, and which has significant implications to meeting the requirements
of the convention. They are as follows:
66
11.2 Land Management Programme (LMP):
The LMP is a joint initiative between the GOB and the IDB and is being
implemented by the MNRLGE. The goal of the program is:
“to improve the enabling environment for private and public sector
development through enhanced land tenure security, effective land
markets and the promotion of a coherent land policy framework
contributing to the sustainable development and efficient use of land
resources.”
The objectives of the program are to:
Expand systematic cadastral surveying, tenure clarification and property
rights registration activities, accompanied by consolidation of lands rights
into a single land registry system;
Improve the efficiency and sustainability of land administration services
provided by the public sector;
Build capacity for land use planning at the local, regional and national
level, and
Support national land policy reform.
To realize the objectives, the program consists of four components:
1) Cadastre and Property Rights Registration
This component is underway and is expected to complete tenure
clarification and registration of land rights in selected areas, and initiate a
programme of public awareness on the process and benefits to be gained
from a land administration system.
67
2) Expansion of Land Administrative Services
This component is underway and is expected to improve the efficiency,
reliability and accountability of land administration services provided by
the MNRLGE.
3) Land Use Planning and Development Review
This component is almost completed. A major subcomponent already
completed involved the development of a decentralized national land use
planning framework which recommended a mechanism that can provide
for forward planning and managing land use changes in the interest of
communities and the country. The goals of such a mechanism were stated
as:
The Recognition of the Importance of Land Use Planning at the
Policy Level;
The Clarification of Roles and Functions of Agencies Involved in
Land Use Planning;
Empowering and Placing a Duty upon Local Governments to be
involved in decision making on the Use and Development of Land
in their communities;
Enabling Central Government to govern whilst facilitating local
level participation and involvement in land use planning activities;
The Introduction of Transparency and Consistency In Decision
Making;
Making the Meaning of Development more Inclusive and
Reflective of Contemporary Land Use Activities;
Facilitating a Holistic Approach to Development by Integrating
Land Use Planning into Development Planning.
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As a result of the above it was proposed that:
A portfolio of planning be included in the responsibility of the
Minister of Natural Resources, Local Government and the
Environment;
There is the consolidation of all planning functions into one piece
of legislation, namely the National Planning Bill. This bill has
been drafted and details the legislative and institutional framework
for regulating development in Belize. It provides for the orderly
and progressive use and development of land in Belize in the
interest of sustainable development practices, with a broader and
more embracing meaning of development; for public health and
safety; for the preservation and improvement of amenities; the
granting or refusal of permission to use and develop land; for the
introduction of regulations to give effect to the bill and prescribes
powers to planning authorities to prepare, adopt, enforce, modify,
replace or repeal development plans for communities.
It also provides for a two tier planning system with a simplified
organizational structure comprising of both central and local
governments, with the latter having the power and responsibility
for the day to day administration of land use planning and the
former, the power and responsibility to supervise and coordinate
the way in which the powers and responsibilities of local
governments are exercised. Furthermore, it is also to provide for
the inclusion of the public in decision making and their right of
appeal against a planning decision.
In the bill, local governments, city, town and village councils, are
explicitly designated as local planning authorities to prepare,
adopt, implement and enforce development plans for their
69
communities. It also provides for special planning authorities to be
local planning authorities for areas not within the jurisdiction of
local planning authorities.
In addition, the bill is to be administered by a National Planning
Authority comprised of public and private sector organizations,
local government and NGO representation. This Authority is
charged with preparing a National Land Use Policy, inclusive of a
Human Settlement Policy and Road Hierarchy Policy.
4) National Land Policy and Institutional Reform
This component is expected to introduce reforms to land management in a
systematic, transparent and participatory manner while strengthening the
various MNRLGE departments to implement policy. It is also to provide
support to the National Lands Advisory Committee.
11.3 Draft National and District Councils Bill for Sustainable Development
This is a legislative initiative by the MNRLGE to provide for the establishment of
national and district sustainable development councils to create an overarching
integrative mechanism to natural resource management. This was in compliance
with the Central American Commission on Environment and Development
(CCAD) where the governments of Central America agreed to establish National
Development Councils for Sustainable Development to be made up of
representatives from the public sector and civil society, with areas of action and
responsibilities to ensure that national policies, programmes and projects are
consistent with the sustainable development strategy. This has major implications
to integrating the three conventions in furtherance of the guiding principle of
sustainable development which underpins all three conventions.
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It must also be mentioned that the Prime Minister is responsible for the
sustainable development portfolio of Caricom. He recently assigned this
responsibility to the Minister of Natural Resources.57
11.4 National Protected Areas Policy and Systems Plan Project (NPAPSP)
The general objective of this project is to provide a set of guiding principles for
the declaration, modification and re-designation where necessary; management
and administration; socio-economic assessment and analysis; ecological
assessment and analysis, and monitoring and evaluation of marine and terrestrial
protected areas in Belize. Additionally it seeks to promote conservation of the rich
biodiversity of Belize in perpetuity for the present and future generations of
Belizeans, to use the nation’s biological resources in a sustainable manner that
ensures that the resource base is not compromised, and to ensure the fair and
equitable sharing of benefits arising from the utilization of the nation’s
biologically diverse resource among all Belizeans. This project has six
components, namely:
(1) A Policy for Protected Areas, which specifies 23 policy statements for
protected areas. These are summarized above.
(2) A Protected Areas Analysis, which provides information on the number of
protected areas and types of protected areas in terms of terrestrial or
marine realms and the amount of acreages for each. It utilizes the Marxan
analysis to identify where conservation targets can be met without much
interference from the human needs.
(3) Improving Governance of Protected Areas Co-management agreements,
which makes recommendations for policy framework for co-management
agreements; Institutional arrangements for managing protected areas
including the establishment of a National Protected Areas Service, a
57 Per conversation with the Project Manager-NCSA Project
71
statutory agency for the management of all state declared protected areas.;
the legal framework for engaging in the management of protected areas;
the application of the World Conservation Union protected area
categories; Key management objectives and the criteria for declaration,
declassification or alteration of protected areas.
(4) An Analysis of Economic Benefits of Protected Areas
This component is yet to be conducted.
(5) Strengthening the Management of Protected Areas
The purpose of this component is four fold. Firstly, to develop a practical
methodology for monitoring management effectiveness of the Protected
Areas System of Belize and for providing recommendations on ways to
optimize efficiency and effectiveness in the system’s management;
Secondly, to develop a National Protected Areas Management Plan
Framework at two levels, at the administrative level and the Protected
Area Management Organization level; Thirdly, to develop a sustainable
financing strategy at the micro and macro levels and to provide
recommendations for site and system-wide sustainable financing through
traditional and non-traditional means; and finally, to assess the
institutional and technical capacity in the management of 8 protected areas
in the PA system, to provide recommendations on ways to optimize
efficiency and effectiveness in the management of these sites, and to
recommend strategies and actions to improve management capacity of the
protected areas system based on the findings using the 8 sites
(6) A Strategic Plan for Protected Areas
The purpose of this component is to summarize all NPAPSP project
outputs (Results) into a coherent and comprehensive document; to identify
72
those strategic actions that will be needed to promote and secure the
achievement of the main aim of the Protected Areas System based on the
analysis of the individual results related to the NPAPSP project; and to
develop a draft National Protected Areas System Plan based on the
analysis of the individual results related to the NPAPSP project, including
the results related to the Protected Areas System Policy and the
assessment of the current and potential Protected Areas System of Belize.
12.0 Legal Information and Data Bases
Legal information and data base are lodged in public sector and NGOs including
the Library at the DOE, the Attorney General’s Law Library in Belmopan and the
Law Library of the Supreme Court in Belize City. While there exist an Institute
of Environmental Law in San Ignacio, Cayo, this organization does not have an
office and operates through the office of another professional service. In the case
of the Law Libraries, these are used primarily by the legal profession. Inquiries at
the recently opened Legal Information Bureaus revealed that legal information on
environmental matters are not a normal request, and was not included in the
available literature for public dissemination.
13.0 Financial Mechanisms for Implementing the Three Conventions
The requirements of the conventions are been implemented by both the public,
private and the NGO and CBO sectors and the formal financial mechanism
available for this purpose is a combination of several sources. These include but
are not limited to the Government of Belize (GOB), through national budgets; the
provisions of the Global Environment Facility (GEF); United Nations
Programmes, that is, the United Nations Development Programme (UNDP) and
the United Nations Environmental Programme (UNEP); International Financial
Institutions and Organizations, that is; the World Bank (WB), the Inter-American
Development Bank (IDB) and the Food and Agriculture Organization (FAO);
73
Regional and National Development Banks, Agencies and Organizations, that is,
United States Agency for International Development (USAID), the Caribbean
Development Bank (CDB) and the European Union (EU); and international and
national private, government and quasigovernment foundations, trusts and funds,
that is the Protected Areas Conservation Trust (PACT), the Oak Foundation, the
Nature Conservancy (TNC), the World Wildlife Fund (WWF) and through
bilateral agreements with governments of developed countries, among others.
Of particular note is the GEF, which is an independent financial entity established
in 1991-in partnership with the UNDP, the UNEP and the WB to improve the
global environment, while creating livelihoods and opportunities for the world’s
poor. It is a financial mechanism for the three conventions, and targets specific
projects. See Annex II. Belize, individually and collectively (regionally) has
accessed funding for several projects from the GEF, including financing for the
CZMAI operations and programmes, the National Protected Areas Policy and
System Plan; the First National Communications on UNFCCC; the Caribbean
Planning for Adaptation to Climate Change (CPACC); Mainstreaming Adaptation
to Climate Change (MACC); Caribbean Renewable Energy Development Project
(CREDEP); and the National Capacity Self Assessment Project (NCSA) among
others; In addition, several other public and NGO initiated projects are currently
been reviewed for funding .
As the major funding agency for the three conventions, it is important for Belize
to note that the GEF has adopted a major reform program that will change the
way GEF provides grants to developing countries. ‘The new resource allocation
framework (RAF) will explicitly link the award of GEF resources to a country’s
potential to generate global environmental benefits as well as its performance,
including transparency and good governance.’58
58 This was stated in a news release from GEF – Washington, DC September 2, 2005
74
Funding provided directly by UNDP through its Project Development Fund
(PDF), Convention Global Mechanism Fund and other funds, for example, it’s
Thematic Trust Fund, has also contributed to financing several projects. These
include, for example, the First and Second National Reports on the status of the
implementation of UNCCD and its National Awareness Seminar; the Formulation
of a National Energy Plan for Belize, and enabling activities for UNCBD, such as
Phase I of the Biodiversity Strategy and Action Plan and the Clearing House
Mechanism (CHM). It also provides a window (PDF) which provide funding to
develop projects to access financing from the GEF.
See Annex III for a listing of some projects contributing to meeting the
requirements of the three conventions and the associated funding agencies. As can
be noted, this fund total in excess of $90000000.00, including regional projects
but does not include national budgets.
14.0 SUMMARY
14.1 General
This part presented a situational analysis of the policy, legislative and institutional
environment within which the conventions are to be implemented. This is critical
to appreciating the challenges faced by Belize in implementing the requirements
of the conventions, as if they are not streamlined into policy and thereafter
legislation where necessary, or if the legislation is deficient and incapable of
facilitating compliance with the requirements, then the institutions cannot be
structured accordingly, and the requirements cannot be met. It also identified to
some extent, the opportunities available to Belize to firstly merge its
developmental goals with the requirements of the conventions, such that they are
localized and not perceived as mutually exclusive, and secondly, access funding
for such goals.
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14.2 Policies, Strategies and Plans
From the situational analysis of strategies, policies and plans, the following can be
discerned:
While there are terminologies within the convention requirements that weaken
the obligations of a state, the requirements are so worded that they are not
requesting any action beyond the capacity and capability of the state, or that is
not a component of national policies and legislation;
The three conventions are underpinned by the concept of sustainable
development;
There is no assignment of portfolio to a minister for sustainable development;
There is no articulated policy on sustainable development;
The MNRLGE and MOAF are key agencies implementing the three
conventions;
All three focal points are positioned in the MNRLGE, but operate
independently;
There are procedural deficiencies and inconsistency in the appointment of the
three focal points;
There is no direction for the job description of focal points to be adjusted to
reflect additional responsibilities;
There is no sustained linkage between the three focal points, the MFA, the
MNRLGE and the UN Secretariat;
There is no supervision of three focal points nationally;
There is no linkage between Caricom, CCAD and focal points of the three
conventions to coordinate efforts and maximize resources, yet they are
underpinned by the sustainable development concept;
There is no overarching national resource management and land use policy to
guide sectoral policy formulation and implementation as it relates to the use of
land, whether for protected areas, industry, agriculture or human settlement, or
76
for defining human resource needs or for influencing NGO and CBO
operations;
There is a sectoral and centralized approach to policy formulation and
implementation, which contributes to a disconnect between decision makers
and resource users, and a disregard for the cumulative negative impact of
development and long term sustainability of resources;
There are formal and informal mechanisms for collaboration between
ministries, departments and central and local governments and between GOB
and NGOs and CBOs;
There is no mechanism to create linkages between policy formulation, parallel
ongoing activities and convention requirements;
There is no clear mandate from the political directorate as to importance of
convention implementation;
Several policies have been formulated which have direct and indirect
implications to the implementation of the requirements of the conventions, but
have not been adopted;
There is minimal use of fiscal policies and economic instruments to encourage
environmental stewardships;
14.3 Legislations, Institutions and Financial Mechanisms
From the situational analysis of legislations, institutions and financial
mechanisms, the following can be discerned.
There is overlapping and duplication of several pieces of legislation which
contributes to ambiguity in roles and responsibilities for managing and
regulating the use and development of land (HTPA, FA, LUA, EPA, NACDC,
CZMAI etc.);
There are inherent deficiencies in some legislation to address contemporary
environmental concerns, as a result of the initial purpose for promulgation and
gaps between legislation (HTPA and EPA, FD etc.);
77
There is underutilization of key legislation which can contribute to sustainable
land use practices (HTPA, LUA);
Agencies critical to implementing the requirements of the conventions are
under resourced (HPD, FD, LSD) and convention requirements are not
internalized; This is a reflection of not incorporating the convention
requirements in policy formulation;
There is a sectoral and centralized approach to decision making, monitoring
and enforcement, which contributes to a disconnect with resource users, and
which manifest in contention between local and central governments, between
ministries and departments and between GOB and CBO and NGO;
There is limited community involvement in enforcement and monitoring;
Protected areas are designated in an adhoc manner and are overseen by three
departments in three ministries governed by four acts;
No legislation specifically provides for any particular convention;
No legislation provides for the operations of the NMS;
Legislations focus on fines and imprisonments for violation of legislation thus
limiting the scope for more eclectic approaches, for example, voluntary
performance indicators etc. ;
The application to terrestrial and marine provinces are separate in some
legislation and jointly in others;
The requirements of the conventions are not internalized into the operations of
most institutions with legislative mandates which can contribute to
implementing the requirements of the conventions, resulting in insufficient
knowledge of the conventions. Thus there is no recognition of the successes
and limitations in implementing the requirements of the conventions;
Accessibility of information on environmental and resource use laws limited;
There are several parallel activities been executed that have major
implications to meeting the convention requirements;
There are financial mechanisms available to finance activities to meet
convention requirements. Unfortunately, these are not being maximized;
78
There will be changes in the criteria to access financing to fund convention
requirement activities;
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PART II - CROSS CUTTING ISSUES
15.0 GENERAL
The previous section provided a situational analysis of the enabling environment,
that is, the existing policy, legislative and institutional framework within which
the conventions are being implemented, It highlighted their strengths and
weaknesses, and the opportunities which they represent for both change and for
their effective and continued utilization in implementing the requirements of the
three conventions. This part will focus on the requirements of the three
conventions, particularly the priority requirements for Belize. It will draw from
the capacity assessment conducted in the thematic reports and, taking into
consideration the enabling environment as presented in the situational analysis of
the previous section, identify priority issues that cut across the three conventions,
such that opportunities for synergies and cooperation in meeting the requirements
of the conventions can be capitalized upon. This is defined as a cross cutting
assessment. Thereafter, it will make recommendations as to what measures must
be undertaken to build capacity to implement the requirements of the three
conventions.
16.0 OVERLAPPING REQUIREMENTS OF THE THREE CONVENTIONS
UNDP59 details several requirements of the three conventions which overlap and
inter relate. In eight cases, namely the preparation of national and regional action
plans; legislation; research; public education; public participation; information
exchange; training and reports to the COP. overlapping and inter-relation occurs
across the three conventions. In five cases, namely identification and monitoring;
environmental impact assessment; clearing house mechanisms, reports and
examine obligations-assess implementation, it occurs across two conventions.
59 2001 : 44
80
An appreciation of this overlapping and interrelationship is a starting point in a
generalized context for identifying synergies for capacity building under the three
thematic areas. In addition, it can address needs within the broader global
environmental management and sustainable context, and undoubtedly point to
opportunities to harmonize and coordinate the implementation of the conventions
at various levels, facilitating greater effectiveness and efficiency.
Notwithstanding, while several requirements of the three conventions overlap, the
thematic reports identifies those that are priority requirements for Belize. These
are summarized below in Table 03. It can be noted that
two priority requirements overlaps the three conventions. These are:
(1) The Preparation of National and Regional Action Plans
(2) Public Education
TABLE 03
Priority Requirements of the Three Conventions
UNCBD UNFCCC UNCCD Adoption of
Strategies
Article 2: Adoption of
strategies to combat
desertification and
mitigate effects of
drought
National
Inventories
Article 4 (a) : Publish
national inventories of
anthropogenic emissions
by sources and removals
by sinks of greenhouse
gases
National and
Regional
Action Plans
Article 6 : General
measures for
Conservation and
Sustainable Use
Article 4 (b) : Implement
national and regional
programmes to mitigate
against climate change
Articles10 : Prepare
national action plan
Research Article 4 (g) : To
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promote/cooperate in
scientific technological,
technical, socio-
economic/ research and
development data
activities
Identification
and
Monitoring
Article 7 : Identification
and Monitoring
Biodiversity and its
Conservation
Develop
Protected
Areas
Article 8 : In-Situ
Conservation, Including
PA Management
Article 10 : Sustainable
Use of Components of
Biological Diversity
Public
Education
Article 13 : Public
Education and
Awareness
Article 4 (h) : Cooperate
in research, exchange of
information, education,
training, public
awareness and widest
possible participation
Article 19 : Emphasize
capacity building,
education and public
awareness
Information
Exchange
Article 17 : Exchange of
Information
Article 19 : Handling
Biotechnology and
Biosafety
Article 20 : Financial
Resources
Report steps -
COP
Article 12 : Report to the
COP
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17.0 ASSESSMENT OF PRIORITY OVERLAPPING REQUIREMENTS
17.1 General
The UNDP Resource Kit identifies five functions to be performed in order to
meet the requirements of the conventions. These are:
(1) Organizing and formulating policies, legislations, strategies
and programmes
(2) Implementing and enforcing policies, legislations and
strategies
(3) Building consensus and partnerships among stakeholders
(4) Mobilizing information and knowledge
(5) Monitoring, evaluating, reporting and learning
It further states that for a country to be able to perform the above functions
requires a complex composition of effective individuals and institutions and an
appropriate enabling environment. Thus for Belize to be able to meet the
requirements of the conventions, it must engage in a capacity assessment
according to these performance functions. This capacity assessment was
conducted by the consultants who prepared the thematic reports. The information
gained from these will be applied to the two overlapping priority requirements to
ascertain the cross cutting issues.
17.2 Description of Priority Requirements
(1) Description of Priority Requirement # 1: The preparation of national
and regional action plans
In UNCBD, Article 6 mandates that in accordance with its particular
conditions and capabilities, Belize develop national strategies, plans or
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programmes for the conservation and sustainable use of biological
diversity or adapt for this purpose, existing strategies, plans or
programmes which shall reflect, inter alia, the measures set out in this
convention relevant to the contracting party concerned and integrate, as far
as possible and as appropriate, the conservation and sustainable use of
biological diversity into relevant sectoral or cross sectoral plans,
programmes and policies.
In UNFCCC, Article 4 (b) mandates, taking into account their common
but differentiated responsibilities and their specific national and regional
development priorities, objectives and circumstances, formulate,
implement, publish and regularly update national, and where appropriate,
regional programmes containing measures to mitigate climate change by
addressing anthropogenic emissions by sources and removals by sinks of
all greenhouse gases not controlled by the Montreal Protocol in all
relevant sectors, including energy, transport, industry, agriculture, forestry
and waste management sectors.
In UNCCD, Article 10 provides for the purpose of national action
programmes and requires that the factors that contribute to desertification
be identified and practical measures necessary to combat desertification
and mitigate the effects of drought be developed.
(2) Description of Priority Requirement # 2: Public Education and
Awareness
In UNCBD, Article 13 mandates that Belize promote and encourage
understanding of the importance of, and measures required for, the
conservation of biological diversity, as well as its propagation through the
media, and the inclusion of these topics in educational programmes; and
cooperate, as appropriate, with other states and international organizations
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in developing educational and public awareness programmes, with respect
to conservation and sustainable use of biological diversity.
In UNFCCC, Article 4 (h) mandates that taking into account their
common but differentiated responsibilities and their specific national and
regional development priorities, objectives and circumstances, promote
and cooperate in the full, open and prompt exchange of relevant, scientific,
technological, technical, socio-economic and legal information related to
climate change, and to economic and social consequences of various
response strategies.
In UNCCD, Article 19 requires Belize to promote capacity building,
education and public awareness through selected means as detailed in the
convention.
17.3 Capacity Assessment of the Priority Requirements
The thematic reports identified strengths, weaknesses, opportunities and threats
(SWOT), according to the above stated performance functions, to implementing
the requirements of the three conventions. Specific to this report are the
weaknesses and root causes which are constraints and barriers to implementing
Belize’s priority requirements of the conventions, of which two overlap. Those
that were identified as cross cutting the three conventions, have been lifted from
the findings of the SWOT analysis of the thematic reports and grouped into six
distinctive thematic areas in categories which best typify them, and according to
the level through which they cross cut.
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17.4 Assessment of Cross Cutting Capacity Issues - TABLE 04
Weakness Root Causes
Level Agency
Cross Cutting Issue # 1 – Human Resource Management
Insufficient time Vis-à-vis increasing responsibilities Disconnect between responsibilities and convention requirements Insufficient human resources
Job descriptions not amended to reflect connectivity
to conventions Perception of meeting the requirements of the
conventions being additional responsibilities Skills and knowledge not applied where optimized
Lack of knowledge of convention requirements Lack of knowledge of laws applicable to convention
requirements Lack of planning for human resource training
according to identified needs No data base of skilled professionals in public and
private sector Minimal integration of resource management
departments and ministries Limited use of professionals in the private sector
and of NGO/CBO
Individual Individual Institution
MNRE MOFA OPM MOAF MOH MPS
Cross Cutting Capacity Constraint # 2 – Access to Financial Resources
Dependency on GOB funding Limited financial resources Perception that meeting the requirements of the convention is one of financial limitation Unsustainability of financing for programmes and projects
Perception that only GOB is to provide financing Lack of knowledge of financial mechanisms of the
conventions Lack of established connections with donor
agencies Lack of knowledge of donor requirements in
project design etc. Failure to streamline convention requirements into
daily operations
Inadequate management of existing resources Failure to take into consideration economic value
of the environment in fiscal policy Failure to use economic instruments in fiscal and
sectoral policies
Failure to internalize an understanding of the financial mechanisms of the conventions in operational activities
Failure to integrate financial sustainability into
policy formulation
Institution Institution Systemic Institution Systemic
MNRE MOH MOFA MOA OPM
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Cross Cutting Issue # 3 – Natural Resource Management
Unsustainable resource use Unsustainable land use practices Lack of integration of coastal and terrestrial provinces
Disconnect between decision makers and resource users
Centralized and sectoral policy formulation, implementation and decision making
Lack of a clear overarching Sustainable Development Policy
Lack of a Land Policy Deficient legislation Underutilization of existing legislation Ambiguity in responsibilities of institutions and
agencies Lack of knowledge of environmental and planning
legislation by resource users and regulators Insufficient human resource capacity in planning,
enforcement, monitoring and litigation Political culture and mental construct
Legislative provisions Mental attitudes and turf protection
Systemic Systemic Institution Systemic Individual
MNRE MOAF MOH
Cross Cutting Issue # 4 – Environmental Information Management
Lack of Environmental Data Underutilization of existing data base
Lack of a culture to foster research and
information sharing Failure to programme research into operational
activities Insufficient research, monitoring, data collection
and analysis No lead agency to act as repository for
environmental data Lack of knowledge of data base Undocumented and unregulated research Foreign driven research Lack of awareness of environmental data by
communities
Individual Systemic Institution Institution Institution Individual Systemic Systemic Individual
MNRE MOE MOAF
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17.5 Cross Cutting Capacity Needs
At a workshop convened on August 12, 2005, the cross cutting capacity needs to
engage in a capacity building process for capacity development to address
capacity weaknesses were prioritized by stakeholders as follows:
(1) Convention Management
Convention management was determined to be the most important cross
cutting issue. Capacity needs identified included:
Strengthening at the individual and institutional levels, the
technical, financial and human capacity to manage conventions,
Cross Cutting Issue # 5 – Convention Management Independent operations of focal points Dependency on few individuals
No clear procedure for appointing focal points No overarching objective to integrate convention
implementation No legislative provisions for meeting convention
requirements No political direction as to importance of meeting
convention requirements No national supervision of convention
implementation Inadequate training in convention management Lack of awareness of convention requirements at
national and local levels Underutilization of NGO/CBO/UB
Systemic Institution
MNRE MFA
Cross Cutting Issue # 6 – Policy Coordination Sectoral approach to policy formulation and implementation
No overarching national policy on sustainable development and land use to influence and shape sectoral policies
Legislative provisions facilitate this modus operandi
Minimal intra-inter ministerial /departmental integration
Systemic
OPM MND MNRE
88
and to create and institutionalize financial sustainability for the
implementation of the conventions;
Training in specific areas of convention management, including
understanding convention requirements, negotiating skills,
succession, back stopping etc.;
The establishment of a mechanism to collaborate and coordinate
the implementation of the conventions to capitalize on the
strengths, experiences, knowledge and optimal use of limited
resources;
The establishment of a mechanism to create and sustain linkages
between focal points and policy formation and implementation,
utilizing MACC as an example;
Institutionalizing and sustaining a culture of exchange with all
stakeholders;
An increase in public awareness of convention opportunities
through use of the media, CBO and NGO;
Enhance GOB/CBO/NGO relationship for concerted approach to
international dialogue, negotiations and implementation;
Incorporate convention requirements in existing legislation or
promulgate new ones;
(2) Human Resource Management
The second cross cutting priority issue was human resource management.
Two areas were identified:
(b) Creating Capacity
The establishment of a mechanism to create and sustain
linkages between environmental needs, national human
resource planning and training institutions, through
89
partnerships with the Ministry of the Public Service, the
University of Belize, and other local and international
educational facilities and funding agencies or conduit to
educational opportunities such as PACT, the MOF and the
MFA;
The identification of training in specific field including
research, environmental law, environmental economics,
natural resource management etc.
(b) Enhancing Capacity
The provision of knowledge building for public sector,
NGO, CBO and the Judiciary to facilitate better
understanding of convention requirements;
Creating, sharing and making accessible data base of
professionals involved in environmental management and
stewardship in the private and public sector nationally,
regionally and internationally.
(3) Environmental Information Management
Environmental Information Management was perceived to be the third
cross cutting priority issue. Capacity needs identified were:
The engendering and nurturing of a culture for information
gathering, sharing and use;
The strengthening at the individual and institutional levels, the
technical, financial and human capacity to engage in the research,
collection, analysis and interpretation of both scientific and para
scientific data, and the use of such data to inform policy
formulation and create environmental awareness;
90
The creation of a “one stop inventory” of information on
sustainable development, environment and natural resource issues
and of professionals, agencies and organizations, both public and
private sector engaged in sustainable development, natural
resource and environmental management.
(4) Policy Formulation and Coordination
Policy formulation and coordination was identified as the fourth priority
cross cutting issue. Capacity needs were envisaged as:
The strengthening at the individual and institutional levels, the
technical, financial and human capacity to coordinate and
harmonize policy between and within ministries and departments,
GOB and NGO/CBO and central and local governments;
The strengthening at the individual and institutional levels, the
capacity to incorporate environmental economics and sustainable
financial mechanisms into policy formulation;
(5) Natural Resource Management
Natural Resource Management was identified as the fifth priority cross
cutting issue. Capacity needs were as follows:
An institutional review to rationalize roles, responsibilities and
functions of all agencies engaged in environmental stewardship;
A legislative review to update, streamline and harmonize existing
legislation and promulgate new ones to reflect the preceding;
A mechanism for better integration of land use planning and
environmental management through horizontal/vertical integration
91
within and between ministries/departments and between levels of
government and between GOB/NGO;
The strengthening at the individual and institutional levels, of the
capacity to focus on monitoring, enforcement and ensuring
compliance of planning and environmental laws and to provide
legal advice and support in court proceeding (greater awareness of
environmental laws among enforcement regulatory
agencies/public, judiciary);
A mechanism for involvement of more stakeholders in
compliance, monitoring and policy formulation and the
implementation and decision making in regard to the use of natural
resources;
(6) Access to Financial Resources
Access to financial resources was envisaged as the final priority cross
cutting issue. Capacity needs were identified as:
The strengthening at the individual and institutional levels, of the
technical, financial and human capacity to draft project proposals
to access available resources;
The strengthening at the individual and institutional levels of the
technical, financial and human capacity to be innovative in
identifying new sources of funding within their specific agency
and maximizing existing financing sources;
The strengthening at the individual and institutional levels of the
technical, financial and human capacity to seek new sources of
funding nationally and internationally;
A mechanism for a more strategic approach to donor support;
92
The strengthening at the individual and institutional levels of the
capacity of embassies, consuls and foreign representatives to create
and sustain partnerships with donor agencies.
18.0 SUMMARY
As can be noted, six cross cutting issues emerged from the capacity assessment
exercise presented in the thematic reports. From these cross cutting issues, the
weaknesses and root causes were assessed and capacity needs identified for
programming into capacity building and development. This presents opportunities
in three thematic areas for synergies between the three conventions to redress the
ability of Belize to meet its obligations under the conventions. They are as
follows:
(1) Policy, Legislative and Institutional Review
A review of existing policy, legislation and institutional mandates is
critical to the implementation of the requirements of all three conventions
to:
Acknowledge the concept of sustainable development as an
overarching objective of national development firstly, and thereafter of
the three conventions;
Articulate a national land policy;
Create greater awareness and knowledge of the economic value of the
environment and the use of economic instruments in fiscal and sectoral
policies to discourage waste and promote environmentally sound
practices and technologies;
Establish a mechanism to integrate the concept of sustainable
development into new policy formulation (Sustainable Development
Policy, Land Policy etc.) and existing policies (Medium Term
93
Economic Development Strategy, Poverty Alleviation Strategy etc.)
through policy coordination to meet the requirements of the three
conventions;
Streamline convention requirements into new policy formulation and
existing policies;
Provide for horizontal and vertical integration between and within
ministries and departments, central and local governments and GOB
and CBO/NGO to optimize resources to meet developmental goals and
also the requirements of the three conventions;
Internalize the requirements of the conventions into mission statements
and operations of ministries and departments;
Assure the participation and involvement of communities in the
decision making of resource use;
Harmonize legislation to clarify roles and responsibilities of agencies
involved in land use planning and resource management;
Strengthen legislation and enact new ones to eliminate deficiencies to
enable institutions to respond to contemporary and modern
developmental pressures;
Strengthen human, technical and financial capacity and capability of
institutions to implement requirements of the conventions through
more effective convention, human resource and financial management.
(2) Research
Research is critical to providing data to inform policy and public
awareness, advocacy and education programmes. Synergies can be created
in:
Strengthening at the individual and institutional levels, the
technical, financial and human capacity and capability to engage in
and standardize the research, collection, analysis and interpretation
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of both scientific and para scientific data, and the use of such data
to inform policy formulation and create environmental awareness;
Strengthening at the individual and institutional levels the
technical, financial and human capacity and capability to engage in
information storage, sharing and networking;
Identifying mechanisms and incentives to promote locally driven
research;
Establishing protocols and procedures for foreign researchers to
ensure the localizing, sharing and repatriation of research data;
Identifying research programmes and natural resource data gap
deficiencies.
(3) Public Education, Awareness and Advocacy
Synergies for Public Education, Awareness and Advocacy can be achieved
through:
Designing and implementing programmes for training the trainers,
dissemination of information and consensus building with
stakeholders, resource users, the public and private sector, cabinet
and the judiciary;
Designing and implementing public awareness campaign through
some defined format and framework;
Concerted use of the media to disseminate information;
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PART III – POLICY, LEGISLATIVE AND INSTITUTIONAL FRAMEWORK
19.0 GENERAL
One of the three thematic areas identified in Part II to capitalize on synergies is
the need for Policy, Legislative and Institutional Review. This part will elaborate
on that thematic area, and taking into consideration the findings of Parts I and II,
recommend approaches to be considered to facilitate Belize’s meeting its
commitment under the conventions, as well as its national development goals.
20.0 POLICY DIRECTION
Meeting the requirements of the convention must not only be a clear political
mandate to conform to international agreements, but must also be reflective of
nationally identified development goals. As the concept of sustainable
development underpins all three conventions and is critical to improving and
sustaining a qualitative life for all Belizeans, present and future, it is of paramount
importance that this be recognized as a portfolio of a Minister of Government, and
provisions be made to institutionalize and position its function in such a way as to
shape and influence sectoral policies. It is therefore recommended that:
A responsibility for sustainable development be assigned to the Minister
of Natural Resources in accordance with S 41 of the Constitution. This is
in addition to the portfolio for the protection of the environment;
A National Sustainable Development Policy be formulated to articulate
GOB position and strategy for streamlining and incorporating sustainable
development principles in Belize’s national development strategy, and
adopted by cabinet to form the overarching national policy to influence
and shape all other national and sectoral policies. This would comply not
only with the meeting the requirements of the three conventions, but also
with that of CCAD and Caricom;
96
A National Land Policy be formulated to articulate GOB position and
strategy for the transparent and accountable allocation and distribution of
land, a natural resource, and the use and development of land according to
its capacity and capability to inform sectoral policies dealing with land use
(forest, agriculture, human settlements, tourism etc.)
Thereafter, existing policies be reviewed to create harmony with the
National Sustainable Development Policy;
In addition, it is also recommended that:
Existing policies that have been formulated as a direct consequence of the
three conventions be reviewed, updated and adopted as a matter of
priority; and
Environmental economics be streamlined into Fiscal policies to inform
sectoral policies;
21.0 LEGISLATIVE PROGRAMME
21.1 New Legislation
To bring effect to policy and enable compliance by the government and people of
Belize in meeting the requirements of the conventions and its national
development goals, it is recommended that the following legislation be drafted or
adopted:
(1) A National Sustainable Development Bill
A National Sustainable Development Bill should be formulated and
promulgated to:
97
To appoint a National and District Sustainable Development Councils
to keep the Minister advised and abreast of issues concerning
sustainable development, including but not limited to the implications
of contemporary and emerging development trends to sustainable
development; the implications of Belize’s socio-economic, cultural
and physical characterization to sustainable development; the human,
technical and financial resources needs for engaging in sustainable
development principles and practices; and the impact of governance
structures to sustainable development;
Create a coordinating mechanism for all public and private sector and
civil society stakeholders engaged in sustainable development
practices to facilitate the incorporation of sustainable development
principles into the formulation of other national and sectoral policies,
the design of development programmes and projects and to coordinate
dialogue with funding agencies based on identified and agreed upon
national needs;.
Facilitate training, awareness and advocacy of sustainable
development concepts, principles and practices;
Formulate and keep under review national policies on sustainable
development for approval by the Minister;
Develop and keep under review indicators to measure and monitor
Belize’s progress towards sustainable development.
(2) National Planning Bill
The adoption of the recently drafted National Planning Bill is critical to
overcoming many of the constraints identified in the preceding part to
implementing the requirements of the conventions. In particular, this bill
provides for:
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The preparation of a National Land Use Policy and Plan to guide
sectoral policy;
The participation of resource users at all levels in decision making in
regard to land use activities;
A holistic approach to development by including social, economic,
demographic and physical data in plan preparation and decision
making;
A legal and institutional framework for regulating land use for the
entire country, incorporating both marine and terrestrial realms;
The consolidation of land use activities into one bill such that there is
clarity of the roles and responsibilities of agencies involved in
decision making in the use of land, thus eliminating duplication. It
calls for the repeal of the Part II of the HTPA, the LUA and the
PWCA;
The redefinition of the meaning of development to embrace
contemporary development challenges
The use of an EIA as a material consideration in the approval of
development projects, filling the gap that exist in our laws as identified
by the Chief Justice
The strengthening of the monitoring of development activities and the
enforcement of planning laws at the local level;
The harmonization of all legislation which permits development
activities within the meaning of the word as provided for in the bill;
(3) Protected Areas Management Bill
The National Planning Bill empowers local authorities (city, town and
village councils) to be local planning authorities, with a duty to prepare
and adopt development plans for their communities, and a power to
enforce such plans. It provides for the appointment of special planning
authorities to be local planning authorities for areas without local
99
government authority. This applies to protected areas. As such, the bill
provides for the managers of protected areas to be local planning
authorities to prepare, adopt and enforce development plans for protected
areas.
This points to the need for a legislation parallel to that which establishes
governance structures for cities, town and villages, that is, the Belmopan
and Belize City, Town and Village Council Acts. Such legislation would
introduce coherence and establish the governance entities and structures
and operating mechanism for accountability and transparency for
managing protected areas. Such a bill should define the purpose,
functions, responsibilities and administrative structure for governing
protected areas.
(4) National Meteorology Service Bill
There is need for the NMS to be legally empowered and mandated to
perform its national and international functions. This will enable certainty
of role, continuity of functions and provide for a clear legislative mandate.
21.2 Legislative Amendments
There is a need to harmonize and strengthen existing legislation to bring into
effect the provisions of the four bills and redress legislative deficiencies. These
should include legislative amendments for:
The Forest and Fisheries Departments and the Institute of Archeology to
be Local Planning Authorities for their specific protected areas;
CZMAI to be the Local Planning Authority for coastal zones excluding
those areas declared by the FA, the FishA and NPSA;
100
The strengthening and modernizing of the Forest, Fisheries and National
Parks System Acts to include mechanisms for stakeholders participation
in declaring forest reserves, co-management of reserves, and the criteria
for declaring, declassifying or altering protected areas and for dialogue
for new approaches for offenders as against using criminal law remedies;
Harmonizing the ACDCA and any other act that provides for the
declaration of ecological reserves with the NPSA;
The strengthening of the Private Forest Conservation Act to embrace
other trees or plants threatened or vulnerable;
Strengthening of the Wildlife Protection Act to regulate the introduction
of alien species to Belize;
The strengthening of the Forestry Regulations for mangroves to take into
consideration the economic value of mangroves and related ecological
systems;
The strengthening of the National Lands Act to take into consideration the
economic value of ecological systems in the leasing and granting of
national lands, an explanation of classes of land, the deletion of the
exclusion of forest reserves as national lands, and to specify the criteria
when the requirement for the 66 feet reserve will not be mandatory;
The strengthening of the Registered Lands Act to provide for
conservation easements;
Including CBOs in the NGO Act and reviewing the act to allow flexibility
in the requirements to register an NGO or CBO;
The strengthening of the Solid Waste Management Act to regulate the
storage and treatment of waste;
22.0 INSTITUTIONAL FRAMEWORK
There is a need for institutional redress to bring effect to the preceding. The
following is therefore recommended:
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The establishment of a desk for convention management at the MFA with
the specific task to provide collaboration between the efforts of the focal
points and other ministries, supervise the activities of the focal points, and
be abreast of all activities undertaken by the focal points to meet the
requirements of the conventions for direct reporting to cabinet
The existing Policy Coordinating Unit of the MNRLGE be upgraded to be
a Sustainable Development and Policy Coordinating Unit to coordinate
and integrate activities of the MNRLGE with other Ministries in
furtherance of the objectives of the Ministry and the adopted Sustainable
Development Policy, and to be the executing arm of the National
Sustainable Development Council
The upgrading the Physical Planning Section of the Lands and Surveys
Department to Departmental Status in accordance with the
recommendations of the Decentralized National Land Use Planning
Framework of the LMP;
A review the structure of the Forest and Fisheries Department and the
Institute of Culture and History to incorporate the provisions of the
Protected Areas Governance Bill.
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PART IV – FINANCIAL PROVISIONS
23.0 FINANCIAL RESOURCES TO EXECUTE RECOMMENDATIONS
As was noted in Parts I and II, many of the activities required by the conventions
are operational and provided for within the national budgets. In addition, ongoing
activities which have significant implications to overcoming the constraints and
barriers to implementing the conventions are already financed. (LMP from IDB,
NPAPSP from GEF etc.) Furthermore, there are financial mechanisms provided
through GEF and other UN entities, international and regional financial and donor
institutions, agencies and organizations, and developed countries to fund
convention related activities.
There is even a window within the UNDP, the PDF, to provide funding to develop
project proposals. What is required is the need to broaden the knowledge base of
both the private and public sector organizations, institutions and agencies engaged
in sustainable development practices regarding these sources, and the activities
which they fund, and the building of capacity to conceptualize and design projects
to access and manage these funds, particularly with the recent adoption of new
criteria requirements to access the funds from GEF.
Furthermore, key public sector agencies engaged in sustainable development and
environmental stewardship, should be empowered to institute internal flexibility
to generate its own funds through internal fiscal initiatives and public-private
sector partnerships, and to manage such funds to execute strategies, policies and
plans formulated and approved by the political directorate, without having to
contribute all or major proportions of those funds to the consolidated revenue.
103
References:
Belize Tourist Board (2005) BelizeTourism Policy 2005
Bell, Stuart and McGillivray, Donald (2001) Environmental Law, Blackstone
Press London
Boles Ed, (2005) UNCBD Thematic Assessment Report
Boles Ed, (2005) UNCBD Stock Take of Belize
Conteh, Dr. Abdulai (2002) Supreme Court Ruling on Macal River Upstream
Storage Facility
Christies Dr. Donna R. (2001) Legislation, Policies and Regulations Relevant to
Coastal Management in Belize: A Review and Proposals for Better
Implementation of the Coastal Zone Management Act of 1998
CZMAI (2003) Draft Cayes Development Policy
Department of Environment (1995) Compendium on Environmental Protection
and Natural Resource Management Legislation in Belize
GOB Draft Policy on Adaptation to Global Climate Change
GOB (2002) Medium Term Economic Strategy 2003-2005
GOB (1999) Belize National Environmental Action Plan
GOB (2003) The National Food and Agricultural Policy (2002-2020)
Global Environmental Facility (2001) A Guide for Self Assessment of Country
Capacity Needs for Global Environmental Management, GEF: Washington
Global Environmental Facility (2001) Proposed Elements for Strategic
Collaboration and a Framework for GEF Action on Capacity Building for Global
Environment, GEF: Washington
Homer, Floyd (2005) Improving Governance of Protected Areas in Belize:
Institutional, Management and Legislative Requirements
MNRE (2005) Forest Department Strategic Plan (2005-2010)
MNRE (1998) Belize National Biodiversity Strategy
National Policy Development Committee (2004) Belize National Hazard
Mitigation Policy
PACT (2004) Strategic Plan 2005-2010, PACT: Belmopan
104
Tunich Nah Consultants and Engineering (2003) National Aquaculture Policy
and Zoning Plan for Belize
Trench-Sandiford, C. (2005) Final Consultancy Report – Decentralized National
Land Use Planning Framework
UNFCCC Stock Take Report – Belize
UNFCCC Thematic Report
UNCCD Stock Take Report – Belize
UNCCD Thematic Report - Belize
Laws of Belize RE 2000
Draft National and District Councils for Sustainable Development Bill
105
Annex I – List of Persons Interviewed
List of Persons Interviewed
Aisha Borland Ministry of Foreign Affairs
Janette Garcia Ministry of National Development
Ismael Fabro Department of Environment
Liscelle Carrillo Legal Information Center
Tanya Santos Forest Department
Osmany Sales Forest Department – Focal Point : UNCBD
Carlos Fuller National Meteorological Service – Focal Point : UNFCCC
Ramon Frutos National Meteorological Service – Focal Point : UNCCC
Shaun Finnety UNDP
Dianne Wade UNDP
Elvis Requena Ministry of National Development-GEF Focal Point
Herbert Haylock Programme for Belize
Wilbur Sabido Programme for Belize
Stephanie Borland TIDE
Rita Mortis SATIM
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ANNEX II- GEF MANDATE
107
ANNEX III – COMPILATION OF PROJECTS AND FUNDING AGENCIES
Lead
Agency
Convention Description Funding
Agency
Amount Comments
TIDE UNFCCC
UNCCD
UNCBD
Management of
Protected Areas
OAK etc. 1300000.00 Annual Budget
PfB UNFCCC
UNCCD
UNCBD
Conservation Debt for Nature
-US
Government
400000.00 Annual Budget
PfB UNFCCC
UNCCD
UNCBD
Carbon
Sequestration
Project
Energy
Companies
5-US
3-Canada
11200000.00 15 year project.
% goes to
endowment fund
SATIM UNFCCC
UNCCD
Management of
Protected Areas
PACT/GEF 116000.00 Annual Budget/
BAS UNCBD
UNFCCC
Management of
Protected Areas
EU,UNDP, US
Government
Debt for Nature
1171018.00 Ongoing
Forest
Department
UNFCCC
UNCCD
UNCBD
National
Protected Areas
System Plan
GEF,PACT 1000000.00 Ongoing
Forest
Department
UNCBD Phase 1
Phase 2
UNDP 792000.00 Ongoing
Forest
Department
UNCBD MBC World Bank
CBD
NS Ongoing
Forest
Department
UNCBD First National
Communications
Global
Mechanism-
UNCCD
52000.00 Completed
NMS UNCBD NAP GEF 40000.00 Ongoing
NMS UNCBD Management of
Watersheds
UNEP/GEF 10700000.00 In Development
NMS UNFCCC First
Communication
for UNFCCC
GEF 370000.00 Completed
NMS UNFCCC CPACC GEF 17000000.00 Completed
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NMS UNFCCC MACC GEF 1000000.00 Completed
NMS UNFCCC CREDEP GEF 13000000.00 Ongoing
NMS UNFCCC Climate Change
Vulnerability
Assessment
US Country
Studies
200000.00 Completed
NMS UNFCCC ACCC CIDA 7000000.00 Completed
NMS UNFCCC GHG Inventory USAID 70000.00 Ongoing
NMS UNFCCC Second National
Communications
GEF 930000.00
NMS UNFCCC Climate
Modeling
World Bank NS In Development
NMS UNFCCC Assessment to
Host Climate
Change Forestry
Projects
Netherlands 200000.00 Completed
DOE UNFCCC
UNCCD
UNCBD
NCSA GEF 1000000.00 Ongoing
PACT UNCBD National
Protected Areas
System
World Bank NS In Development
NS UNCBD Sustainable
Management/Ma
rine
Resources/Ecosy
stems
GEF NS In Development
NS UNFCCC Bundled
Electricity/Telec
ommunications
GEF NS In Development
NS UNCBD Conservation/
Neotropical
native and Wild
Relatives of
Crops
GEF 1054000.00 In Development
NS UNCBD Biodiversity
Conservation
into Tourism
GEF 4553392.00 In Development
109
Development
NS UNCBD Integrated
Protected
Area/Landscape
Management
Golden Stream
UNDP 4240336.00 In Development
** Regional Projects in Italics
NS – Not Stated
