MULTILATERAL ENVIRONMENTAL AGREEMENT: INDIA STORY

MULTILATERAL ENVIRONMENTAL AGREEMENT: INDIA STORY
A multilateral environmental agreement (MEA) is a legally binding agreement between three or more states relating to the environment. They are predominantly drafted by the United Nations. MEAs have largely been produced by significant international conferences convened by the United Nations (UN), such as the Stockholm Conference, the Rio Conference, and the World Summit on Sustainable Development.
Most MEAs have been adopted since the 1972 United Nations Conference on the Human Environment (UNCHE) held in Stockholm, Sweden. This Stockholm Conference was a watershed event that helped launch 30 years of intensive treaty-making in international environmental law, as well as activity within national governments. The Conference prompted notable initiatives such as The United Nations Environment Programme (UNEP), an environment fund, an action plan for human development and The Stockholm declaration on human environment.
The meeting decided upon a Declaration containing 26 principles concerning the environment and development; an Action Plan with 109 recommendations, and a Resolution.
The United Nations Environment Programme (UNEP) was established in June 1972, with an aim to co-ordinate the environmental activities across the world and help the developing countries to form policies. It was founded by Maurice Strong and has its headquarters in Nairobi, Kenya. It is a subsidiary of the United Nations.
India, along with 113 other nations agreed on principles and an action plan to protect the environment and came under an obligation to implement these domestically. To implement the provisions under the said Convention, a new authority for environmental protection known as National Council for Environmental Policy and Planning within the Department of Science and Technology was setup in 1972. This Council later evolved into a full-fledged Ministry of Environment and Forests (MoEF) in 1985, which today is the apex body in the country for regulating and ensuring environmental protection. It was only after the Stockholm Conference that the Constitution of India was amended to incorporate the provisions relating to environmental protection. This led to the amendment of the Indian Constitution, which incorporated Article 48A and Article 51A (g) under Directive Principles of State Policy and Fundamental Duties, respectively. India became the first country in the world to have provisions for the protection and improvement of its environment.
Some of the important MEAs, where India is a Signatory and Party includes Ramsar Convention on Wetlands, Convention on International Trade in Endangered Species of Fauna andFlora (CITES), The Wildlife Trade Monitoring Network (TRAFFIC), Convention on the Conservation of Migratory Species (CMS), Coalition Against Wildlife Trafficking (CAWT), Convention on Biological Diversity (CBD), International Tropical Timber Organization (ITTO), United Nations Forum on Forests (UNFF),International Union for Conservation of Nature and Natural Resources (IUCN), Global Tiger Forum (GTF), Cartagena Protocol on Biosafety Pesticides in International Trade, United Nations Framework Convention on Climate Change(UNFCCC), Kyoto Protocol, United Nations Convention to Combat Desertification (UNCCD), Montreal Protocol (on Ozone Depleting Substances), and International Whaling Commission (IWC) to name a few.
In this report we aim to analyse the CBD, CITES and Montreal Protocol in which India was the participating party and we also analyse the impacts of aforementioned agreements on our country.
CBD and CITES and its impact on India
Introduction
In order to address this growing environmental concerns and global perception, the United Nations Environment Programme (UNEP) convened the Ad Hoc Working Group of Experts on Biological Diversity in November 1988 to discuss the requirement for an international agreement on biological diversity. The proceedings of the Ad Hoc Working Group led to the Nairobi Conference for the Adoption of the Agreed Text of the Convention on Biological Diversity (CBD) on 22nd May 1992. The CBD was a culmination point to the global community's growing concerns regarding sustainable development and represents a landmark step of humanity in the conservation of biological diversity at global level. India became a signatory to the CBD in December 1993 and ratified the Convention in February 1994.
In decision X/2, the tenth meeting of the Conference of the Parties, held in October 2010, in Nagoya, Aichi Prefecture, Japan, updated Strategic Plan for Biodiversity, including the Aichi Biodiversity Targets, for the 2011-2020 period. Some examples of the Aichi Biodiversity Targets are:
At least halve and, where feasible, bring close to zero the rate of loss of natural habitats, including forests
Establish a conservation target of 17% of terrestrial and inland water areas and 10% of marine and coastal areas
Restore at least 15% of degraded areas through conservation and restoration activities
Make special efforts to reduce the pressures faced by coral reefs
The concerns regarding the exploitation of natural resources by international trade in species found in the wild was first voiced at the 7th General Assembly of the International Union for Conservation of Nature and Natural Resources (IUCN) held in Warsaw, Poland, in 1960. The delegates to the meeting urged Governments of the world to tackle the problems associated with the growing and often unregulated international trade in wildlife. CITES, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, also known as the Washington Convention, is a multilateral treaty to protect endangered plants and animals. It was drafted as an effect of a resolution adopted in 1963 at a meeting of members of the International Union for Conservation of Nature (IUCN). The convention was opened for signature in 1973, and CITES came into force on 1 July 1975. Its aim was to ensure that international trade in specimens of wild animals and plants did not threaten the survival of the species in the wild, and it accorded varying degrees of protection to more than 35,000 species of animals and plants.
India became a party to CITES in 1976, and it came into force later the same year. CITES being the oldest convention, legal and institutional measures for its implementation are the most wide ranging when compared with the other existing MEAs.
India's commitment
Present CBD Implementation Scenario in India
India enacted the Biological Diversity Act in 2002, provides for the conservation of biological diversity, the sustainable use of its components and its benefits. A country-wide institutional set up has been established for implementation of the Biological Diversity Act. At the national level, a National Biodiversity Authority (NBA) has been established by the Government of India with State Biodiversity Boards (SBBs) at state level which provide guidance and technical support to Biodiversity Management Committees (BMC) at local level. In total, 25 State Biodiversity Boards and over 32000 Biodiversity Management Committees have been established to date in India.
National Biodiversity Strategy and Action Plan (NBSAP)
National Biodiversity Strategies and Action Plans (NBSAPs) are the main instruments for implementing the Convention at the national level by various Parties.
Measures Taken to Achieve 2010 Targets and Implications for Implementing the CBD Strategic Plan for Biodiversity 2011-2020 and its Aichi Biodiversity Targets
India has established a network of 668 Protected Areas for focused wildlife and biodiversity conservation. 'Project Tiger', launched in 1973 by Government of India, now incorporates 39 tiger reserves in 17 tiger range states of India. Under 'Project Elephant', launched in 1992, 28 elephant reserves have been confirmed so far as species specific elephant conservation initiatives. Likewise, the mangrove conservation programme of 1987 has identified 35 mangrove areas for intensive mangrove conservation and management.
The Government of India has also established a network of 18 Biosphere Reserves under the Man and Biosphere (MAB) programme of the UNESCO. The Government of India has revised the National Wildlife Action Plan (2002-16) for addressing contemporary wildlife challenges and issues.

Present CITES Implementation Scenario in India
CITES Management in India is divided between three levels of the management authority, and the Scientific Authorities. The main Management Authority for India is the Additional Inspector General of Forest (Wildlife Division) and the Director (Wildlife Preservation) at the MoEF. Assistant Management Authorities are deployed at five locations across the country, four of these hold the jurisdiction of the Northern, Eastern, Southern, and Western Regions of the country and the fifth is the Director of Project Tiger. The Scientific Authorities are the Botanical and Zoological Surveys of India, the Wildlife Institute of India, and the Central Marine Fisheries Research Institute.
A National Coordination Committee for control of illegal wildlife trade was set up in the year 1995, consisting of representatives of various enforcement agencies and the management authorities. The committee's recommendations covered a wide spectrum, but also contained detailed points regarding strengthening the wildlife protection network, improving enforcement, enlisting the support of local people, etc.
International trade in all wildlife species of India, including the species covered under CITES in particular, is regulated collectively through the provisions of the Wild Life (Protection) Act of 1972, Export–Import Policy (EXIM Policy) under the Foreign Trade (Development and Regulation) Act of 1992 and Customs Act of 1962.
Future Challenges
CITES:
Scarce Land Resources for Wild Species
Habitat Degradation
Illegal Wildlife Trade
Genetic bottlenecks
Global Economic Progress
Development Priorities in Developing countries
Strengthening Species Identification Protocols
Strengthening the Legal and Policy Framework
Capacity Building
CBD:
Decreasing Genetic diversity
Invasive Alien Species
Adverse Impact of Developmental Projects
Bio-piracy
Bridging Capacity Gaps
Pressure on Protected Areas
Pollution
Bridging Gaps in the Biodiversity Information Base
Genetic Engineering Challenges

Montreal Protocol and its impact on India
Introduction
The Montreal Protocol on Substances that deplete the Ozone Layer, too, is an example of multilateral environmental agreements. Its design aims to reduce the production and consumption of ozone depleting substances (ODS) which in turn would reduce their abundance in the atmosphere and thus lead to protection of the earth's depleting ozone layer. India signed this protocol on 17th September 1992. At that time, India produced as well as consumed 7 of the 22 substances controlled by this protocol like CFC-11, CFC-12, CFC-113, Halon-1211, Halon-1301, Carbon tetrachloride and methyl chloroform. Another development taking shape in India, around the same time, was liberalization and wishing to be part of the global economy, India was interested to participate in this international effort to protect the environment. The most crucial factor which ultimately led to India signing the agreement was the financial and technological support that India would receive through the Multilateral Fund for the Implementation of the Montreal Protocol. These funds were extended to Article 5 countries with the goal to assist them to embark on a time bound plan to achieve suitable targets in the reduction of the use of the chemicals controlled by this protocol. The Article 5 of the Montreal protocol addresses the special situation of developing countries. Any developing country, whose per capita consumption of ozone depleting substances to be controlled under this Act is less than 0.3kg, is qualified to be an Article 5 nation. India's per capita consumption in 1991 was less than 10 grams, qualifying it as an Article 5 nation. India was also given a 10 year period to bring about the reduction of ODS.
India's commitment
Ministry of Environment & Forests is the designated body for the implementation of this protocol in India. The Ozone Cell, a special directorate, within the Ministry, is dedicated to managing and coordinating the implementation of the Montreal Protocol in India. A total of 302 projects have been approved and funded by the Multilateral Fund and $278,722,203 have been invested for the phase out of 58,980 ODP tons of ODSs. Ozone Depleting Substances (Regulation and Control) Rules, 2000 was also introduces to put stringent measures in place.



The production and consumption control schedule as per Montreal protocol is given below:
The National CFC Consumption Phaseout Plan (NCCOPP)
The actual phase out activity can be understood through the NCCOPP. This project was approved by the Executive Committee of the Montreal Protocol for Refrigeration and Air-Conditioning (RAC) servicing sector in March 2004. The funding provided was of US$ 6.388 million and the target was to phase-out 1502 ODP tons of CFCs by 31st December 2009.
Four pillars of NCCOPP
Training: Initially training was provided to refrigeration and air conditioner services technicians but was later extended to mobile air-conditioning (MAC) and Open type compressor (OTC) technicians too. The training was successful as it was provided even in vernacular languages. This component ensured that technicians could sustain their business despite the alternate technology brought in by this initiative.
Equipment Support: To increase turnover of the technicians, new and correct equipment was required. 120 Industrial Training Institutes were provided with equipment support. UNDP provided a total of 955 units of equipment to enterprises in four phases till December 2009 as part of this project. This was done in order to ensure what was taught in the training is implemented with good service practices.
Awareness: Newspaper articles, posters, newsletters, dedicated website as well as dealer workshops and equipment support workshops were conducted to bring about awareness regarding the harmful effects of CFC and the necessity of replacing them.
Customs and Policy training: Custom officers were trained and provided with refrigerant identifiers as a step to avoid the travel of refrigerants in the country without required procedures.
The NCCoPP has been successfully implemented as per schedule and achieved its objective of complete phase-out of CFCs.

References:
1. Implementation of Multilateral Environmental Agreements by India by Bansuri Taneja1
2. CITES and CBD Implementation in India: Complementarities, Current Implementation Status and Future Challenges by Ajay Kumar Saxena
3. http://ozone.unep.org/new_site/en/montreal_protocol.php
4. http://ozone.unep.org/Publications/MP_Brief_Primer_on_MP-E.pdf
5. http://employmentnews.gov.in/Editorial-mar-22-28-2014.pdf
6. http://en.wikipedia.org/wiki/List_of_international_environmental_agreements



Multilateral Environmental Agreements



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