Ratification of SADC Protocol on Environmental Management for Sustainable Development

1. RATIFICATION OF THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY (SADC) PROTOCOL ON ENVIRONMENTAL MANAGEMENT FOR SUSTAINABLE DEVELOPMENT SELECT COMMITTEE ON ENVIRONMENTAL AFFAIRS 05 March 2019

2. PURPOSE • To request the National Committee of Provinces of Parliament, in terms of section 231(2) of the Constitution to approve the ratification of the SADC Protocol on Environmental Management for Sustainable Development.

3. BACKGROUND [1] • Southern African Development Community (SADC) is a priority for South Africa in terms of our international relations and cooperation agenda “A better Africa and a better World” • SADC Treaty states objective for SADC is to achieve sustainable utilisation of natural resources and effective protection of the environment. • SADC Regional Indicative Strategic Development Plan (RISDP) for Environment and Sustainable Development identified the development of a legal framework for regional cooperation in areas of environment and natural resources including transboundary ecosystems as a priority.

4. T BACKGROUND [2] • The SADC Protocol on Environmental Management for Sustainable Development was signed by President Zuma on 18 August 2014 at the 34th SADC Summit, held in Victoria Falls, Zimbabwe. • The overall objective of the Protocol is to promote sustainable utilisation and trans-boundary management of the environment, which is of interest to SADC Member States. • The Protocol covers a wide range of environmental issues, including climate change, waste and pollution, chemicals management, biodiversity and natural heritage, sustainable land management, marine and inland water resources as well as cross cutting issues such as gender, science and technology and trade and investment. T

5. BACKGROUND [3] The Protocol’s specific objectives are to: • enhance the protection of the environment in order to contribute to human health, wellbeing and poverty alleviation; • promote equitable and sustainable utilisation of natural resources and the environment for the benefit of the present and future generations; • promote the shared management of trans-boundary environment and natural resources; and • promote effective management and response to impacts of climate change and variability.

6. BACKGROUND [4] • The Protocol is in line with the objectives of the National Development Plan (NDP) which prioritises the deepening of integration of the SADC Region as well as ensuring environmental sustainability and an equitable transition to a low-carbon economy. • Furthermore, the Protocol is consistent with the Constitution, Section 24 which enshrines the right of everyone to have the environment protected for the benefit of present and future generations. T

7. SADC PROTOCOL ON ENVIRONMENTAL MANAGEMENT PREAMBLE PART 1:DEFINITIONS, SCOPE, PRINCIPLES AND OBJECTIVES PART 2:MANAGEMENT OF THE ENVIRONMENT AND TRANSBOUNDARY CONSIDERATIONS PART 3: IMPLEMENTATION PART 4:CROSS-SECTORAL ISSUES PART 5:INSTITUTIONAL ARRANGEMENTS PART 6:FINAL PROVISIONS

8. PREAMBLE • SADC Treaty Provisions • Role of environmental management in socio-economic well-being, food security and poverty alleviation • Reference to UNCED, WSSD provisions and JPoI, MDGs and Rio+20 • Environment linked to global security, climate change, desertification, biodiversity, water resources, and earth’s capacity to assimilate pollution and waste • Gender equality, inter-regional trade, investment and development & economic integration • Reference to ratification of international conventions & MEAs by Member States • Transboundary natural resources and ecosystems – shared management responsibility for Member States

9. PART 1: DEFINITIONS, SCOPE PRINCIPLES AND OBJECTIVES Definitions and Use of Terms: ‘‘Environment’’means the entire range of living and non living factors that influence life on the earth and their interactions (UNEP) “Sustainable development’’ refers to development that meets the needs of the present without compromising the ability of future generations to meet their own needs

10. PART 1: DEFINITIONS, SCOPE, PRINCIPLES AND OBJECTIVES Scope – marine, aquatic, terrestrial environment & atmosphere; living and non living resources; environmental management within SADC and international activities outside SADC which promote objectives of this Protocol Principles – environmental protection, sustainability, polluter pays, precautionary principle ,implementation, participation, legislative considerations, co-operation in MEAs, etc. Objectives– to promote the sustainable utilisation of natural resources, protection of environment and the management of trans-boundary environment impacts.

11. PART 2: MANAGEMENT OF THE ENVIRONMENT AND TRANSBOUNDARY CONSIDERATIONS Protection of the environment through conservation, management and control of air, land and water pollution, waste and chemicals management, climate change, marine and coastal biodiversity and heritage trans-boundary environmental impacts. Management of Shared Natural Resources and Transboundary Considerations – monitoring and reporting onenvironmental trends, co-ordination, management plans, legislation.

12. PART 3: IMPLEMENTATION General undertakings of Member States - responsible for the management of trans-boundary natural resources and shared ecosystems, waste and pollution, monitoring and reporting, information management and exchange, cooperation with neighbouring states on environmental management Member State responsibilities for law enforcement – provisioning of environmental management law enforcement resources – personnel and equipment - harmonisationof monitoring and surveillance systems

13. PART 3: IMPLEMENTATION • Harmonisation of policies and legislation – proposed measures to be taken, agreement of environmentally detrimental activities, co-operation on environmental crime, extradition, penalties • International Relations – encouragingMember States signing, ratifying and domesticating MEAs; development of common positions for relevant MEAs

14. PART 4: CROSS-SECTORAL ISSUES Human Resources Development – environmental education and awareness, capacity building for environmental management, skills transfer etc Trade and Investment – promotion of sustainable trade and investment, investment in environmental management sector, PPPs, cleaner production, standards and certification, access to markets Science and Technology – promotion of joint research programmes, scientific advice and knowledge sharing e.g. meteorology, drought early warning systems, remote sensing

15. PART 4: CROSS-SECTORAL ISSUES Information Management, Exchange and Reporting – methodologies for management and exchange of relevant environmental information, communication strategies, development of standards and state of environment reporting Gender Equality- gender mainstreaming of environmental management, climate change and sustainable development policies, programs, projects and budgets and implementation of gender responsive policies, strategies, projects and programmes, including capacity building, education, and training.

16. PART 5:INSTITUTIONAL ARRANGEMENTS Provides for the establishment of: Committee of Ministers Responsible for the Environment Committee of Senior Officials Responsible for the Environment Technical Committee on Environmental Management Other Specialist Committees and Working Groups Also prescribes composition, powers and functions of the above committees and working groups

17. PART 6:FINAL PROVISIONS Financial provisions Annexes Assets Settlement of disputes Signature Ratification Entry into Force Accession Reservations Amendment Withdrawal Depositary

18. SOUTH AFRICA’S RATIFICATION PROCESS[1] • The Protocol must be approved for ratification by Parliament in terms of section 231(2) of the Constitution of the Republic of South Africa, 1996 following national stakeholder consultations. • Steps taken and concluded: • DEA obtained legal opinions from Department International Relations and Cooperation and Department of Justice and Constitutional Development. • An extensive process of consultation was concluded, including presentation to the Provincial Departments responsible for environment at the DEA Working Group 11 on 16 April 2015; Environment MinTech and MinMEC on 7 August 2015. • No objections or concerns about South Africa’s ratification of this Protocol have been received from these Provincial Departments.

19. SOUTH AFRICA’S RATIFICATION PROCESS[2] • Steps taken and concluded (continued): • The Protocol was submitted to Heads of the following National Departments for further inputs and comments: Arts and Culture; Trade and Industry; National Treasury; Economic Development; Agriculture, Forestry and Fisheries; Science and Technology; South African Police Services; South African Revenue Services; Transport; Defence and Military Veterans; Water and Sanitation; International Relations and Cooperation; and State Security Agency. • No objections or concerns about South Africa’s ratification of this Protocol have been received from these Departments.

20. SOUTH AFRICA’S RATIFICATION PROCESS[3] • Steps taken and concluded (continued): • The Protocol was presented to the Global and Continental Affairs Committee (GCAC) on 24 August 2017 as well as the International Cooperation, Trade and Security (ICTS) Directors-General Cluster on 12 September 2017 and the ICTS Cabinet Committee on 19 September 2017. • The Protocol was presented to the PCEA on 20 February 2018, which recommended that the it be tabled to the National Assembly for approval for ratification. • The Protocol was presented to the National Assembly on 23 August 2018, which approved the Protocol.

21. BENEFITS OF RATIFICATION OF THE SADC ENVIRONMENT PROTOCOL [1] • The ratification of this Protocol will contribute towards the sustainable development and regional integration of SADC, which are priorities for South Africa in terms of the country’s international relations and cooperation agenda “A better Africa and a better World”. • The ratification of this Protocol will facilitate the harmonisation of policies, strategies and legal frameworks to enhance regional integration within the SADC Region through the management of shared and transboundary natural resources, including the monitoring and reporting on environmental trends, co-ordination of environmental management plans, harmonisation of legislation, policies and standards amongst Member States.

22. T BENEFITS OF RATIFICATION OF THE SADC ENVIRONMENT PROTOCOL [2] • The ratification of this Protocol and its subsequent coming into force will provide: • a legal basis for coordinated environmental management, agreement of environmentally detrimental activities, co-operation on environmental crime, extradition, penalties as well as developing and implementing co-ordinated environmental disaster management responses within SADC. • joint implementation of environment impact assessment in order to harmonise EIA processes for cross-border infrastructure development thereby enabling and paving the way for a coordinated approach to environmental management of these in the SADC Region. T

23. BENEFITS OF RATIFICATION OF THE SADC ENVIRONMENT PROTOCOL [3] • The adoption of these by SADC Member States would be in South Africa’s interest in promoting sound and improved transboundary environmental management and cooperation within the SADC region, which is consistent with the revised Regional Indicative Development Plan. • South Africa’s ratification of the Protocol will send a clear signal that the country is committed to strengthening regional efforts to conserve transboundary natural resources and promote sustainable development. • As the largest economy in SADC Region, it is envisaged that South Africa will be expected to take a leadership role in the implementation of this Protocol.

24. IMPLEMENTATION PLAN • The national implementation of the Protocol will be coordinated by the Department of Environmental Affairs, with inputs from other relevant departments. • It is expected that the SADC Regional implementation plan will be developed through the SADC Environment Technical Committee comprising senior officials of Environment Ministries from all SADC Member States, coordinated and supported by the SADC Secretariat. T T

25. T IMPLICATIONS [1] • The SADC Protocol on Environmental Management for Sustainable Development is in line with South Africa’s constitution, particularly Section 24 on Environment of the Bill of Rights which advocates for conservation and sustainable natural resource use and its ratification will not compromise the territorial integrity of South Africa. • The Protocol calls for State Parties to undertake gender mainstreaming of all environmental management, climate change and sustainable development policies, programmes, projects, strategies and budgets. T

26. T IMPLICATIONS [2] • Recognition that the environment is linked to global security in respect of issues such as climate change, desertification, biodiversity loss, diminishing water resources and the degradation of the Earth’s capacity to assimilate pollution and waste, although it does not mention any specific security-related measures to be undertaken by SADC Member States in this regard. • Furthermore, the Protocol calls for the facilitation of the harmonisation of environmental policies, legislation, law enforcement and natural resources governance and provides for collaboration in environmental law enforcement between State Parties. T

27. T IMPLICATIONS [3] • In terms of Article 35, the Protocol shall come into force thirty (30) days after the instruments of ratification have been deposited by nine (9) Member States. Although 10 Member States have signed, only one Member State has ratified this Protocol to date. • South Africa which chaired SADC from August 2017 to August 2018, undertook to ratify this Protocol to demonstrate commitment to strengthening regional efforts to conserve transboundary natural resources and promote sustainable development within SADC. T

28. RECOMMENDATIONS It is recommended that the National Committee of Provinces of Parliament approves the ratification of the SADC Protocol on Environmental Management for Sustainable Development in terms of section 231(2) of the Constitution.