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2. International Governance of Soils: A Protocol to the Convention on Desertification Ben Boer Emeritus Professor of Environmental Law, Australian Centre for Climate and Environmental Law University of Sydney 2

3. Introduction 1. Introduction to the Convention to Combat Desertification (CCD) 2. The 2009 Conference of the Parties: Buenos Aires Emphasis on Desertification, Land Degradation and Drought (DLDD) 3. Proposal for a Protocol to the CCD History of Protocol drafting Why have a Protocol? Objective and details of the Protocol 4. Conclusion 3

4. Issues relating to DLDD: Climate, water, soil “With the vast majority of the 2.4 billion people to be added to the world by 2050 coming in countries where water tables are already falling, water refugees are likely to become commonplace. They will be most common in arid and semiarid regions where populations are outgrowing the water supply and sinking into hydrological poverty. Villages in northwestern India are being abandoned as aquifers are depleted and people can no longer find water. Millions of villagers in northern and western China and in parts of Mexico may have to move because of a lack of water.” (Lester Brown: Plan B 4.0 2009) “With the vast majority of the 2.4 billion people to be added to the world by 2050 coming in countries where water tables are already falling, water refugees are likely to become commonplace. They will be most common in arid and semiarid regions where populations are outgrowing the water supply and sinking into hydrological poverty. Villages in northwestern India are being abandoned as aquifers are depleted and people can no longer find water. Millions of villagers in northern and western China and in parts of Mexico may have to move because of a lack of water.” (Lester Brown: Plan B 4.0 2009) 4

5. 5 The need for an integrated approach to the environment

6. 6 Energy production and use

7. Desertification, human displacement and human rights “Advancing deserts are squeezing expanding populations into an ever smaller geographic area. Whereas the U.S. Dust Bowl displaced 3 million people, the advancing desert in China’s Dust Bowl provinces could displace tens of millions.” “Africa, too, is facing this problem. The Sahara Desert is pushing the populations of Morocco, Tunisia, and Algeria northward toward the Mediterranean. In a desperate effort to deal with drought and desertification, Morocco is geographically restructuring its agriculture, replacing grain with less thirsty orchards and vineyards.” “Advancing deserts are squeezing expanding populations into an ever smaller geographic area. Whereas the U.S. Dust Bowl displaced 3 million people, the advancing desert in China’s Dust Bowl provinces could displace tens of millions.” “Africa, too, is facing this problem. The Sahara Desert is pushing the populations of Morocco, Tunisia, and Algeria northward toward the Mediterranean. In a desperate effort to deal with drought and desertification, Morocco is geographically restructuring its agriculture, replacing grain with less thirsty orchards and vineyards.” 7

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9. Eco-refugees or survival migrants Lester Brown: Plan B; 4.0 Mobilizing to Save Civilization “…Desert expansion and water shortages are now displacing millions of people Lester Brown: Plan B; 4.0 Mobilizing to Save Civilization “…Desert expansion and water shortages are now displacing millions of people Rising seas promise to displace far greater numbers in the future, given the concentration of the world’s population in low-lying coastal cities and rice- growing river deltas. Rising seas promise to displace far greater numbers in the future, given the concentration of the world’s population in low-lying coastal cities and rice- growing river deltas. The numbers could eventually reach the hundreds of millions…” The numbers could eventually reach the hundreds of millions…” 9

10. 10 Global assessment of the status of human-induced soil degradation

11. 11 Ethical and practical basis for a global approach to desertification, land degradation and drought Richard St Barbe-Baker Men of the Trees: “Forests are like the skin of the earth. Remove the skin and you die” The same idea, with equal, or indeed more reason, applies to the soil (without which forests cannot exist) “Save our Soils” (or save our “Save our Skin”) applies both literally and economically

12. Objective of the Convention to Combat Desertification Article 2 1. The objective of this Convention is to combat desertification and mitigate the effects of drought in countries experiencing serious drought and/or desertification, particularly in Africa, 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. Article 2 1. The objective of this Convention is to combat desertification and mitigate the effects of drought in countries experiencing serious drought and/or desertification, particularly in Africa, 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. 12

13. 13 National responses to the Convention are weak to non-existent in many countries LAW Soil conservation legislation Soil conservation legislation Land use planning and measures and controls Land use planning and measures and controlsPOLICY Local level participation Local level participation Rehabilitation, conservation and sustainable management of land and water resources Rehabilitation, conservation and sustainable management of land and water resources

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15. History of Protocol drafting The Protocol is the outcome of the deliberations of the Specialist Group working in cooperation with a Soil Scientists Expert Reference Group since 2000 on the development of a more adequate basis for international legal protection for soils, and on the development of guidelines to improve national legislation for sustainable use of soils. The Protocol is the outcome of the deliberations of the Specialist Group working in cooperation with a Soil Scientists Expert Reference Group since 2000 on the development of a more adequate basis for international legal protection for soils, and on the development of guidelines to improve national legislation for sustainable use of soils. 15

16. 16 Publication of global investigation into legal and institutional frameworks for sustainable soils First stages of research project on national and international needs for soil law Soil scientist/law and policy consultant Environmental lawyer Text on website: http://www.iucn.org/themes/law/pd fdocuments/EPLP45EN.pdf

17. Text on Drafting National Legislation Ian Hannam and Ben Boer Drafting Legislation for Sustainable Soils IUCN Environmental Law Programme, http://iucn.org/webfiles/doc/library/EPLP- 045.pdf Ian Hannam and Ben Boer Drafting Legislation for Sustainable Soils IUCN Environmental Law Programme, http://iucn.org/webfiles/doc/library/EPLP- 045.pdf http://iucn.org/webfiles/doc/library/EPLP- 045.pdf http://iucn.org/webfiles/doc/library/EPLP- 045.pdf 17

18. 18 New legal challenges for land and soil conservation: climate change and biodiversity The need to focus more particularly on the security and sustainable of soil in the bio-sequestration of carbon will become a significant part of the international debate, and will likely be the subject of discussion at the Conference of the Parties of the Framework Convention on Climate Change in December 2009. The need to focus more particularly on the security and sustainable of soil in the bio-sequestration of carbon will become a significant part of the international debate, and will likely be the subject of discussion at the Conference of the Parties of the Framework Convention on Climate Change in December 2009. In addition, with the growing importance of agro- biodiversity within the context of the Convention on Biological Diversity, the sustainability of land and soils will become an increasingly important subject for debate at an international level In addition, with the growing importance of agro- biodiversity within the context of the Convention on Biological Diversity, the sustainability of land and soils will become an increasingly important subject for debate at an international level

19. Integration of Concepts of Soil Security and Sustainable Use Intended to integrate the concept of “soil security”, as developed in the UNCCD Secretariat publication “Securitizing the Ground, Grounding Security (2009)” and the concept of “sustainable use of soils” as developed by the Specialist Group, and endorsed by a resolution of the IUCN World Conservation Congress in 2000, and subsequent resolutions in 2004 and 2008. Intended to integrate the concept of “soil security”, as developed in the UNCCD Secretariat publication “Securitizing the Ground, Grounding Security (2009)” and the concept of “sustainable use of soils” as developed by the Specialist Group, and endorsed by a resolution of the IUCN World Conservation Congress in 2000, and subsequent resolutions in 2004 and 2008. 19

20. General aim of Protocol The Protocol aims to provide a substantive legal mechanism to assist the Parties to the Convention to implement the strategic objectives of the UNCCD 10 Year Strategy (2008-2018) in improving the implementation of the Desertification Convention The Protocol aims to provide a substantive legal mechanism to assist the Parties to the Convention to implement the strategic objectives of the UNCCD 10 Year Strategy (2008-2018) in improving the implementation of the Desertification Convention 20

21. 21 Legal awareness of role of soil As Kiss and Shelton note, “At the international level, cooperation started later than in other sectors of environmental protection, because it was generally considered that the soil conservation was mainly a domestic problem without international implications.” As Kiss and Shelton note, “At the international level, cooperation started later than in other sectors of environmental protection, because it was generally considered that the soil conservation was mainly a domestic problem without international implications.” However, in recent times, there has been a realisation within environmental law circles that soil is an essential element of the conservation of terrestrial biological diversity, and that soil bodies perform a wide range of ecological functions, over and above their direct utilisation for agriculture, grazing and human life-sustaining activities However, in recent times, there has been a realisation within environmental law circles that soil is an essential element of the conservation of terrestrial biological diversity, and that soil bodies perform a wide range of ecological functions, over and above their direct utilisation for agriculture, grazing and human life-sustaining activities

22. 22 The impetus for international action for a Soils Convention has come from leading soil scientists, not lawyers or policy makers The impetus for international action for a Soils Convention has come from leading soil scientists, not lawyers or policy makers

23. 23 INTERNATIONAL LEVEL INTERNATIONAL LEVEL q Good cooperation between environmental law and soil science to improve law and policy for soil conservation; q Many joint meetings between scientists and environmental lawyers to discuss international and national science and legislative issues ; q Iceland meetings 2005 and 2007 Iceland meetings 2005 and 2007

24. 24 Driving legal strategies for land and soil conservation and desertification Driving legal strategies for land and soil conservation and desertification ► Many international environmental strategies and actions call for improvement in environmental law for soil and they have been important in prompting investigations, E.g: ► Many international environmental strategies and actions call for improvement in environmental law for soil and they have been important in prompting investigations, E.g: UNCED Agenda 21 1992; UNCED Agenda 21 1992; UNEP Montevideo Programme III 2000; UNEP Montevideo Programme III 2000; WSSD Plan of Implementation 2002; WSSD Plan of Implementation 2002; The World Soils Agenda 2002 (IUSS); The World Soils Agenda 2002 (IUSS); Millennium Declaration 2000 and MDGs; Millennium Declaration 2000 and MDGs; Committee for the Review of the CCD; Committee for the Review of the CCD; UNEP Strategy on Land Use Management and Soil Conservation 2004; UNEP Strategy on Land Use Management and Soil Conservation 2004; IUCN World Conservation Congress Resolutions on Sustainable Use of Soil, October 2000, November 2004 October 2008 IUCN World Conservation Congress Resolutions on Sustainable Use of Soil, October 2000, November 2004 October 2008 Soils on the Global Agenda 2006 (IUSS); Soils on the Global Agenda 2006 (IUSS);

25. 25 Practical mechanisms to combat Desertification, Land Degradation and Drought in the Protocol National Focal Points National Focal Points National authorities on soil where they do not presently exist National authorities on soil where they do not presently exist Formal means of international information exchange Formal means of international information exchange Obligation to legislate to combat DLDD Obligation to legislate to combat DLDD That is, to operationalise the protocol at national level That is, to operationalise the protocol at national level Establishment of a financial mechanism to assist developing countries to combat DLDD Establishment of a financial mechanism to assist developing countries to combat DLDD

26. 26 The Protocol helps to close gap in International Environmental Law With such a Protocol, the regime of international environmental law will be more complete (the major gap then being a global convention on forests) With such a Protocol, the regime of international environmental law will be more complete (the major gap then being a global convention on forests) Compare the other two Rio Conventions: Compare the other two Rio Conventions: UNFCCC and Kyoto Protocol (soon to be renegotiated) UNFCCC and Kyoto Protocol (soon to be renegotiated) Convention on Biological Diversity: Convention on Biological Diversity: Biosafety Protocol (Cartagena Protocol) 2000 Biosafety Protocol (Cartagena Protocol) 2000 The CCD is integrally linked with the FCCC and CBD, but from a legal point of view, lagged behind the other two, although it is clearly just as important in terms of the global environmental debate The CCD is integrally linked with the FCCC and CBD, but from a legal point of view, lagged behind the other two, although it is clearly just as important in terms of the global environmental debate

27. 27 “Securitizing the Ground; Grounding Security” 2009 Publication of the CCD Secretariat Nowhere in this document is there any reference to environmental legal mechanisms for combating DLDD Nowhere in this document is there any reference to environmental legal mechanisms for combating DLDD Nevertheless, together with the 10 year Strategy, it provides a very significant basis on which to develop legal mechanisms at national and international level Nevertheless, together with the 10 year Strategy, it provides a very significant basis on which to develop legal mechanisms at national and international level

28. 28 Contents of proposed Soil Protocol Establish the practical mechanisms to combat Desertification, Land Degradation and Drought (DLDD) Establish the practical mechanisms to combat Desertification, Land Degradation and Drought (DLDD) Inclusion of a holistic, integrated approach across all relevant environmental media Inclusion of a holistic, integrated approach across all relevant environmental media Recognise the need for integrated, synergistic mechanisms between the Rio Multi-Lateral Environmental Agreements and mechanisms: Recognise the need for integrated, synergistic mechanisms between the Rio Multi-Lateral Environmental Agreements and mechanisms: Convention to Combat Desertification 1994 Convention to Combat Desertification 1994 Convention on Climate Change 1992 Convention on Climate Change 1992 Convention on Biological Diversity 1992 Convention on Biological Diversity 1992 Forest Principles 1992 and 2007 Forest Principles 1992 and 2007

29. 29 Outline of Protocol PREAMBLEArticles Part I. Objective 1,Objective Part II. General provisions 2.Legal and administrative measures 3.Jurisdictional Scope Part III. Terms used in Protocol 4.Use of terms 4.Use of terms Part IV. Principle, Rights and Responsibilities 5. Principle 6. Rights and responsibilities concerning security and sustainable use of soils Part V. General Measures 7. General measures 8. National legislation for security and sustainable use of soils Part VI. Bilateral and Multilateral Agreements and Arrangements 9. Bilateral and multilateral agreements and arrangements Part VII. National bodies, International Panel and Community Participation 10. Competent national authorities and national focal points 10. Competent national authorities and national focal points 11. International Panel on Security and Sustainable Use of Soils 11. International Panel on Security and Sustainable Use of Soils 12. Capacity building, education and information 12. Capacity building, education and information

30. 30 PART VIII: Community Participation 13.Public awareness and public participation 14. Right to Information 15. Protection of Information Part IX. Implementation Tools 16. Establishment of Soil Authority 17. National Security and Sustainable Use of Soil Strategies 18. Security and Sustainable Use of Soil Policies 19. Information on Soil Security 20. Assessment and Planning 21. Identifying Soil Ecological Communities 22. Plans of Management for Security and Sustainable Use of soils 23. Management and Technology for Soil Security 24. Ecological Soil Standards 25. Principles for Soil Security and Sustainable Use of Soil 26. Codes of Practice for security and sustainable use of soil 27. Research into soil security and the sustainable use of soils 28. Monitoring security and the sustainable use of soils 29. Financing Security and Sustainable Use of soils

31. 31 Part X. Transboundary Measures 30. Transboundary issues 31. Obligation to notify other States 32. Resolution of transboundary soil security disputes Part XI. Threats to soil security and ecological soil standards 33. Existing or potentially threatening processes Matters to consider in declaration of potentially threatening processes Part XII. Disadvantaged People, Women’s Rights 35. Disadvantaged people 36. Women’s rights Part XIII. Responsibility and Liability 37. Liability and redress 37. Liability and redress Part XIV. Application and Compliance Part XIV. Application and Compliance 38. Financial mechanism and resources to implement Protocol 38. Financial mechanism and resources to implement Protocol 39. Subsidiary bodies 39. Subsidiary bodies 40. Secretariat 40. Secretariat 41. Relation to convention 41. Relation to convention 42. Monitoring and reporting 42. Monitoring and reporting 43. Compliance 43. Compliance 44. Assessment and review 44. Assessment and review Part XV. Final Clauses Part XV. Final Clauses 45. Signature 45. Signature 46. Entry into force 46. Entry into force 47. Reservations 47. Reservations 48. Withdrawal 48. Withdrawal

32. 32 Objective of the Protocol The objective of this Protocol is the achievement of security and sustainable use of soil on a global basis through combating the causes and effects of desertification, land degradation and drought. The objective of this Protocol is the achievement of security and sustainable use of soil on a global basis through combating the causes and effects of desertification, land degradation and drought.

33. 33 National Focal Points Competent National Authorities and National Focal Points Competent National Authorities and National Focal Points 1. Parties shall designate a national focal point which shall be responsible on its behalf for liaison with the Secretariat. Each Party shall also designate a competent national authority which shall be responsible for performing the administrative functions required in relation to security and sustainable use of soils by this Protocol and which shall be authorized to act on its behalf with respect to those functions. A Party may designate a single entity to fulfil the functions of both the focal point and the competent national authority; 1. Parties shall designate a national focal point which shall be responsible on its behalf for liaison with the Secretariat. Each Party shall also designate a competent national authority which shall be responsible for performing the administrative functions required in relation to security and sustainable use of soils by this Protocol and which shall be authorized to act on its behalf with respect to those functions. A Party may designate a single entity to fulfil the functions of both the focal point and the competent national authority;

34. 34 Responsibilities of developed countries Under the principle of common but differentiated responsibility (Rio Principle 7), developed countries have the moral responsibility to assist developing countries to combat DLDD, especially through information exchange, capacity building and financial assistance to build ecological resilience in developing countries Under the principle of common but differentiated responsibility (Rio Principle 7), developed countries have the moral responsibility to assist developing countries to combat DLDD, especially through information exchange, capacity building and financial assistance to build ecological resilience in developing countries Article 35 states: “Parties from developed nations will cooperate to assist the developing nation Parties improve the livelihoods of disadvantaged people and communities through the achievement of soil security” Article 35 states: “Parties from developed nations will cooperate to assist the developing nation Parties improve the livelihoods of disadvantaged people and communities through the achievement of soil security”

35. 35 Definitions “Soil security” means the conservation of soil fertility, containment of land degradation desertification, and soil degradation, and reduction of the consequences of drought are reduced by improving livelihood and human wellbeing of the people” “Soil security” means the conservation of soil fertility, containment of land degradation desertification, and soil degradation, and reduction of the consequences of drought are reduced by improving livelihood and human wellbeing of the people”

36. 36 Definitions “Desertification means land degradation in arid, semi-arid and dry sub-humid areas resulting from various factors, including climatic variations and human activities.” “Desertification means land degradation in arid, semi-arid and dry sub-humid areas resulting from various factors, including climatic variations and human activities.”

37. 37 Definitions “Ecological integrity of soil” means conserving the wholeness of soil ecosystems and ensuring soil security; “Ecological integrity of soil” means conserving the wholeness of soil ecosystems and ensuring soil security; Ecological integrity of soil thus includes the prevention of loss of wholeness, so as to stop the commencement of soil degradation, and to control existing soil degradation, and to protect and manage soil for its protection and sustainable use; Ecological integrity of soil thus includes the prevention of loss of wholeness, so as to stop the commencement of soil degradation, and to control existing soil degradation, and to protect and manage soil for its protection and sustainable use; “Ecological soil standards” means a level of soil quality that ensures the maintenance and improvement of the ecological integrity of soil; “Ecological soil standards” means a level of soil quality that ensures the maintenance and improvement of the ecological integrity of soil; This implies using a process for setting appropriate standards in particular contexts. This implies using a process for setting appropriate standards in particular contexts.

38. 38 Principle in the Protocol reflecting the Rio Declaration States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own soil resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the soil resources of other States or of areas beyond the limits of national jurisdiction. States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own soil resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the soil resources of other States or of areas beyond the limits of national jurisdiction.

39. 39 Article 6 Rights and Responsibilities concerning Security and Sustainable Use of Soils 1. Parties have a duty to ensure the security of soil resources for the benefit of present and future generations and to develop general measures for the purpose of implementing this duty. 1. Parties have a duty to ensure the security of soil resources for the benefit of present and future generations and to develop general measures for the purpose of implementing this duty.

40. Article 6.Parties shall be aware that the major rights and responsibilities of individuals to the security of soil resources include: A right to a healthy soil environment; A duty to protect and conserve soil for the benefit of present and future generations; 40

41. Article 6: Information access The right of access to information and knowledge concerning the use of soil resources; on the ecological condition of soil resources (b) A right of access to information; (c) The right for individuals and communities to participate in soil planning procedures, including the making of regulations for the protection of the soil environment; (d) A right to participate in land use decision ‑ making activities where a proposed change in land use is likely to have a significant effect on the ecological integrity of soil; (e) Effective access to judicial and administrative proceedings including redress and remedy in exercising their rights and obligations to legislation for soil security; 41

42. 42 The right to sue (f) The right for any person or group to take legal action against another person, group, organisation or government department (as appropriate) for causing or worsening soil degradation or the loss of the ecological integrity of the soil environment and endangering the security of the soil (f) The right for any person or group to take legal action against another person, group, organisation or government department (as appropriate) for causing or worsening soil degradation or the loss of the ecological integrity of the soil environment and endangering the security of the soil

43. 43 Article 7 General measures Each Contracting Party shall, in accordance with its particular conditions and capacities: Each Contracting Party shall, in accordance with its particular conditions and capacities: 1. Develop national soil security strategies, plans or programmes for the achievement of security and sustainable use of soil resources or adapt for this purpose existing strategies, plans or programmes which shall reflect, inter alia, the measures set out in this Protocol relevant to the Contracting Party concerned; 1. Develop national soil security strategies, plans or programmes for the achievement of security and sustainable use of soil resources or adapt for this purpose existing strategies, plans or programmes which shall reflect, inter alia, the measures set out in this Protocol relevant to the Contracting Party concerned; Integrate, as far as possible and as appropriate, measures of achievement of security and sustainable use of soil into relevant sectoral or cross-sectoral plans, programmes and policies to ensure security of soil; Integrate, as far as possible and as appropriate, measures of achievement of security and sustainable use of soil into relevant sectoral or cross-sectoral plans, programmes and policies to ensure security of soil;

44. 44 Article 8: National Soil Legislation o Security and Sustainable Use of Soils Parties to this Protocol shall introduce national legislation for the security and sustainable use of soils, including provision for adequate human resources and institutional support systems Parties to this Protocol shall introduce national legislation for the security and sustainable use of soils, including provision for adequate human resources and institutional support systems

45. 45 Article 10 Competent National Authorities and National Focal Points 1. Parties shall designate a national focal point which shall be responsible on its behalf for liaison with the Secretariat. Each Party shall also designate a competent national authority which shall be responsible for performing the administrative functions required in relation to security and sustainable use of soils by this Protocol and which shall be authorized to act on its behalf with respect to those functions. A Party may designate a single entity to fulfil the functions of both the focal point and the competent national authority; 1. Parties shall designate a national focal point which shall be responsible on its behalf for liaison with the Secretariat. Each Party shall also designate a competent national authority which shall be responsible for performing the administrative functions required in relation to security and sustainable use of soils by this Protocol and which shall be authorized to act on its behalf with respect to those functions. A Party may designate a single entity to fulfil the functions of both the focal point and the competent national authority;

46. 46 International Panel for Security and sustainable use of soils [based on the International Panel on Climate Change] An International Panel for Security and Sustainable Use of Soils is hereby established, with the following functions: An International Panel for Security and Sustainable Use of Soils is hereby established, with the following functions: 1. To periodically assess the results of peer-reviewed research and to publish an authoritative assessment of the best available scientific knowledge on desertification, land degradation and drought. 1. To periodically assess the results of peer-reviewed research and to publish an authoritative assessment of the best available scientific knowledge on desertification, land degradation and drought. 2. Facilitate the exchange of scientific, technical, environmental and legal information on, and experience with soil security and protection and sustainable use of soils; 2. Facilitate the exchange of scientific, technical, environmental and legal information on, and experience with soil security and protection and sustainable use of soils;

47. 47 International Panel for Security and sustainable use of soils 3. Assist Parties to implement the Protocol, taking into account the special needs of developing country Parties, in particular the least developed and small island developing States among them, and countries with economies in transition. 3. Assist Parties to implement the Protocol, taking into account the special needs of developing country Parties, in particular the least developed and small island developing States among them, and countries with economies in transition.

48. 48 International Panel for Security and sustainable use of soils 4. Ensure that information is made available for the purposes of paragraph (a) above. It shall provide access to information made available by the Parties relevant to the implementation of the Protocol. It shall also provide access, where possible, to other international information exchange mechanisms concerning the use and conservation of soil resources. 4. Ensure that information is made available for the purposes of paragraph (a) above. It shall provide access to information made available by the Parties relevant to the implementation of the Protocol. It shall also provide access, where possible, to other international information exchange mechanisms concerning the use and conservation of soil resources.

49. 49 Article 12 Capacity Building, Education and Information 1.The Parties shall cooperate in the development and strengthening of human resources, institutional capacities and scientific research capabilities concerning security and sustainable use of soils, for the purpose of the effective implementation of this Protocol in developing country Parties, in particular the least developed and small island developing States among them, and in Parties with economies in transition, including through existing global, regional, sub- regional and national institutions and organizations and, as appropriate, through facilitating private sector involvement. 1.The Parties shall cooperate in the development and strengthening of human resources, institutional capacities and scientific research capabilities concerning security and sustainable use of soils, for the purpose of the effective implementation of this Protocol in developing country Parties, in particular the least developed and small island developing States among them, and in Parties with economies in transition, including through existing global, regional, sub- regional and national institutions and organizations and, as appropriate, through facilitating private sector involvement.

50. 50 Capacity Building, Education and Information 3.Parties shall ensure that the responsible “national soil security authority” prepares and disseminates educative materials on a range of issues on sustainable use of soils.

51. 51 Article 13 Public Awareness and Public Participation The Parties shall: The Parties shall: (a) Promote and facilitate public awareness, education and participation concerning soil security and the sustainable use of soils. In doing so, the Parties shall cooperate, as appropriate, with other States and international bodies; (a) Promote and facilitate public awareness, education and participation concerning soil security and the sustainable use of soils. In doing so, the Parties shall cooperate, as appropriate, with other States and international bodies;

52. 52 Right to Information Parties shall ensure that any person has a right of access to information held by State and local agencies on any matter related to soil security and protection and sustainable use of soils, but in particular on the state of the soil environment. Parties shall ensure that any person has a right of access to information held by State and local agencies on any matter related to soil security and protection and sustainable use of soils, but in particular on the state of the soil environment. (see Aarhus Convention Access to Information, Public Participation and Access to Justice 1998 ) (see Aarhus Convention Access to Information, Public Participation and Access to Justice 1998 )

53. 53 Establishment of National Soil Authority Parties, shall establish a national soil authority as specialist soil conservation organisation Parties, shall establish a national soil authority as specialist soil conservation organisation

54. 54 Article 17 National Security and Sustainable Use of Soil Strategies Parties shall adopt a national soil security strategy as the means by which the objectives of the Protocol will be achieved and outline how a soils authority will operate. It should express a commitment and obligation to achieve soil security and sustainable use of soils as a major national environmental goal. Parties shall adopt a national soil security strategy as the means by which the objectives of the Protocol will be achieved and outline how a soils authority will operate. It should express a commitment and obligation to achieve soil security and sustainable use of soils as a major national environmental goal.

55. 55 Article 22 Plans of Management for Security and Sustainable Use of soils Parties shall ensure that plans of management be prepared for soil security and the protection and sustainable use, declaration of soil ecological communities, or for an areas of land planned to be declared a soil ecological community. Parties shall ensure that plans of management be prepared for soil security and the protection and sustainable use, declaration of soil ecological communities, or for an areas of land planned to be declared a soil ecological community. In these areas it shall be considered essential for land users to adopt a prescribed set of soil ecological standards to achieve soil security and protect and manage the soil resources. In these areas it shall be considered essential for land users to adopt a prescribed set of soil ecological standards to achieve soil security and protect and manage the soil resources.

56. 56 Article 25 Principles for Soil Security and Sustainable Use of Soil Soil use activities should be carried out according to the precautionary principle as set out in Principle 15 of the Rio Declaration on Environment and Development 1992; Soil use activities should be carried out according to the precautionary principle as set out in Principle 15 of the Rio Declaration on Environment and Development 1992; Existing activities should not be expanded or otherwise modified if they do not meet prescribed ecological soil standards or if the modification is likely to cause a significant adverse effect on soil security and the ecological integrity of soil resources; Existing activities should not be expanded or otherwise modified if they do not meet prescribed ecological soil standards or if the modification is likely to cause a significant adverse effect on soil security and the ecological integrity of soil resources; Any activity that will disturb the security of the soil environment should not be undertaken unless all reasonable protective measures are undertaken; Any activity that will disturb the security of the soil environment should not be undertaken unless all reasonable protective measures are undertaken; Protective measures should be based on the best available soil conservation and protection technologies Protective measures should be based on the best available soil conservation and protection technologies

57. 57 Article 26 Codes of Practice for Security and Sustainable Use of Soil Parties shall use of codes of practice as a mechanism to achieve soil security and protection and sustainable use of soils. National soil security legislation should set out the procedure to establish codes of practice and the special rules for soil security and sustainable soil use of soils. Parties shall use of codes of practice as a mechanism to achieve soil security and protection and sustainable use of soils. National soil security legislation should set out the procedure to establish codes of practice and the special rules for soil security and sustainable soil use of soils.

58. 58 Article 35 Disadvantaged People and Communities 1.Parties from developed nations will cooperate to assist the developing nation Parties improve the livelihoods of disadvantaged people and communities through the achievement of soil security; 1.Parties from developed nations will cooperate to assist the developing nation Parties improve the livelihoods of disadvantaged people and communities through the achievement of soil security; 2.Parties shall prepare appropriate national law on security and sustainable use of soils with a sufficiently broad range of objectives to address the widely varying circumstances of disadvantaged people and communities; 2.Parties shall prepare appropriate national law on security and sustainable use of soils with a sufficiently broad range of objectives to address the widely varying circumstances of disadvantaged people and communities; 3.Parties shall recognize that disadvantaged people will often require special attention and action by governments to ensure that they have a fair and equitable right to basic human necessities and needs including security and sustainable use of soils. 3.Parties shall recognize that disadvantaged people will often require special attention and action by governments to ensure that they have a fair and equitable right to basic human necessities and needs including security and sustainable use of soils.

59. 59 Article 38 Financial Mechanism and Resources to Implement the Protocol 1. In considering financial resources for the implementation of this Protocol the Parties shall take into account the provisions of Article 4 of the Convention. 1. In considering financial resources for the implementation of this Protocol the Parties shall take into account the provisions of Article 4 of the Convention. 2. The financial mechanism established in Article 4 (h) of the Convention, and elaborated under Operational Objective 5 of the UNCCD 10 Year Strategy (Global Mechanism) shall, through the institutional structure entrusted with its operation, be the financial mechanism for this Protocol. 2. The financial mechanism established in Article 4 (h) of the Convention, and elaborated under Operational Objective 5 of the UNCCD 10 Year Strategy (Global Mechanism) shall, through the institutional structure entrusted with its operation, be the financial mechanism for this Protocol.

60. 60 Article 36 Women’s Rights Parties shall ensure that the particular role of women in security and sustainable use of soils receives adequate legal recognition and protection, with appropriate support facilities. Parties shall ensure that the particular role of women in security and sustainable use of soils receives adequate legal recognition and protection, with appropriate support facilities.

61. 61 Article 40 Secretariat 1. The Secretariat established by Article 23 of the Convention shall serve as the secretariat to this Protocol. 1. The Secretariat established by Article 23 of the Convention shall serve as the secretariat to this Protocol. 2. Article 23.2 of the Convention on the functions of the Secretariat shall apply, mutatis mutandis, to this Protocol. 2. Article 23.2 of the Convention on the functions of the Secretariat shall apply, mutatis mutandis, to this Protocol. 3. To the extent that they are distinct, the costs of the secretariat services for this Protocol shall be met by the Parties hereto. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its first meeting, decide on the necessary budgetary arrangements to this end. 3. To the extent that they are distinct, the costs of the secretariat services for this Protocol shall be met by the Parties hereto. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its first meeting, decide on the necessary budgetary arrangements to this end.

62. 62 Article 43 Compliance The Conference of the Parties, serving as the meeting of the Parties to this Protocol shall, at its first meeting, consider and approve cooperative procedures and institutional mechanisms to promote compliance with the provisions of this Protocol and to address cases of non-compliance. These procedures and mechanisms shall include provisions to offer advice or assistance, where appropriate. They shall be separate from, and without prejudice to, the dispute settlement procedures and mechanisms established by Article 27 of the Convention. The Conference of the Parties, serving as the meeting of the Parties to this Protocol shall, at its first meeting, consider and approve cooperative procedures and institutional mechanisms to promote compliance with the provisions of this Protocol and to address cases of non-compliance. These procedures and mechanisms shall include provisions to offer advice or assistance, where appropriate. They shall be separate from, and without prejudice to, the dispute settlement procedures and mechanisms established by Article 27 of the Convention.

63. 63 Questions 1. What is the ideal form of the international instrument? Stand-alone convention (not realistic at this time) Protocol to the CCD? Technical annex to the CCD 1. What is the way forward in negotiating a Protocol to the UNCCD? 2. Should the Protocol be linked to Framework Convention on Climate Change and Convention on Biological Diversity?

64. Comments on the Protocol Your comments on the Protocol are welcomed. Comments can be emailed to or or <ian.hannam@ozemail.com.aub.boer@usyd.edu.au> or <ian.hannam@ozemail.com.aub.boer@usyd.edu.au> or <ian.hannam@ozemail.com.au 64

65. “In Iran, villages abandoned because of spreading deserts or a lack of water already number in the thousands. In the vicinity of Damavand, a small town within an hour’s drive of Tehran, 88 villages have been abandoned. And as the desert takes over in Nigeria, farmers and herders are forced to move, squeezed into a shrinking area of productive land. Desertification refugees typically end up in cities, many in squatter settlements. Others migrate abroad. In Latin America, deserts are expanding and forcing people to move in both Brazil and Mexico. In Brazil, some 66 million hectares of land are affected, much of it concentrated in the country’s northeast. In Mexico, with a much larger share of arid and semiarid land, the degradation of cropland now extends over 59 million hectares. “In Iran, villages abandoned because of spreading deserts or a lack of water already number in the thousands. In the vicinity of Damavand, a small town within an hour’s drive of Tehran, 88 villages have been abandoned. And as the desert takes over in Nigeria, farmers and herders are forced to move, squeezed into a shrinking area of productive land. Desertification refugees typically end up in cities, many in squatter settlements. Others migrate abroad. In Latin America, deserts are expanding and forcing people to move in both Brazil and Mexico. In Brazil, some 66 million hectares of land are affected, much of it concentrated in the country’s northeast. In Mexico, with a much larger share of arid and semiarid land, the degradation of cropland now extends over 59 million hectares. 65