Third Meeting of the Interim Scientific, Technical

UNITED

NATIONS

Third Meeting of the Interim Scientific, Technical

and Advisory Committee (ISTAC) to the Protocol

Concerning Pollution from Land-Based Sources

and Activities (LBS) in the Wider Caribbean Region

Mexico City, Mexico, 22 - 26 August, 2005

FINAL REPORT

WORKSHOP ON THE PROMOTION OF THE PROTOCOL CONCERNING POLLUTION FROM LAND BASED SOURCES AND ACTIVITIES (LBS Protocol)

7-10 December 2004 Costa Rica

UNEP(DEC)/CAR WG.28/INF.7

Page 1

FINAL REPORT

WORKSHOP ON THE PROMOTION OF THE PROTOCOL CONCERNING POLLUTION FROM LAND BASED SOURCES AND ACTIVITIES (LBS Protocol)

7-10 December 2004 Costa Rica

BACKGROUND

1. After a two year process of negotiations a decision taken at the Tenth Intergovernmental Meeting for the Action Plan of the Caribbean Environmental Program and The Seventh Meeting of the Contracting Parties of the Convention for the Protection and the Development of the Marine Environment in the Wider Caribbean Region, accepted the offers given by the Governments of the Republic of Cuba and Trinidad and Tobago to establish two Regional Activity Centers (RAC’s) for Land Based Sources, one at the Center of Engineering and Environmental Management of Bays and Coasts (Cimab) in Cuba and one at the Institute of Marine affairs (IMA) in Trinidad and Tobago, as figure in the document (UNEP(DEC)CAR IG.22/7).

2. Following the mandate of the Eleventh Intergovernmental Meeting for the Action Plan of the Caribbean Environmental Program and The Eight Meeting of the contracting parties of the Convention for the Protection and the Development of the Marine Environment in the Wider Caribbean Region, celebrated in Montego Bay, Jamaica, between the 28 of September and the 2:nd of October 2004, that in its IX decision states the necessity of the Protocol Concerning Pollution from Land Based Sources and Activities (the LBS Protocol) entering into force.

3. Considering the necessity of reaching an implementation of the Protocol, a Memorandum of Understanding was signed between the Regional Activity Centre of the Center of Engineering and Environmental Management of Bay and Coasts (Cimab-RAC), and the Regional Coordination Unit for the Action Plan of the Caribbean Environmental Program of the United Nations Environmental Program (UNEP-CAR/ RCU), where it was agreed that Cimab-RAC would prepare a sub regional workshop for the Spanish speaking countries of the region, with the objective of promoting the ratification/ accession to the Protocol amongst the governments of the Wider Caribbean Region.

4. The workshop was convened jointly with the Ministerio del Ambiente y Energía of Costa Rica (MINAE), the UNEP-CAR/RCU and the Cimab-RAC), and was carried out between the 7th and the 10th of January in San José, Costa Rica, with participants representing the Spanish speaking countries of the region, functionaries from United Nations Agencies, as well as representatives from various institutions of the host country. The participation list is found in Annex 1.

Item 1 of the Agenda: Opening of the Workshop.

5.The opening ceremony took place on Tuesday the 7th of December at 9.00 a.m. Mr Antonio Villasol Núñez, Director of Cimab-RAC and facilitator of the workshop, presented and welcomed the national authorities and the UN representatives, whom made the initial remarks. Mr. Humberto Cerdas, Adminsitrative Director of the MINAE, spoke in the name of the government of Costa Rica and Mr. Nelson Andrades Colmenares, Coordinator of UNEP-CAR/RCU.

6. In the name of the Ministro del Ambiente y Energía of Costa Rica, Mr. Humberto Cerdas expressed his gratitude for the presence of the distinguished country representatives, welcoming them to his country. Mr. Nelson Andrades Colmenares spoke his welcoming remarks in the name of the United Nations Environmental Program and continued by giving a thorough presentation of the importance that the LBS Protocol has in the region. Mr Colmenares further enlightened the participants about the UNEP Regional Seas Program’s interest in that the Protocol proceeds to move forward.

Organization of the workshop

7.Mr Antonio Villasol explained some aspects related to the organization of the meeting and the procedures that would follow regarding the different sessions. The language of the workshop was Spanish.

Approval of the Agenda

8.The participants of the workshop approved the provisional agenda. The approved agenda is attached as Annex II of this report and speeches and conferences presented by the participants of the workshop as Annex III.

Item 2 of the Agenda: Presentation by country representatives and others

9.The UNEP-CAR/RCU AMEP Program Officer, Mr. Christopher Corbin, gave a presentation of the Cartagena Convention and its protocols. After the coffee break, the facilitator of the workshop and Director of Cimab-RAC, Mr. Antonio Villasol, held a conference with a detailed analysis of the Articles and Annexes of the Protocol.

10.The following session entailed presentations made by representatives from the respective countries, demonstrating each country’s position regarding the ratification/ accession to the LBS Protocol. Colombia, Cuba, Guatemala, Honduras and the Dominican Republic had all provided Cimab-RAC with their answers to a questionnaire previously sent out, in which those countries position towards the Protocol is explained. The answered questionnaires are found in annex IV.

11. The country presentations started with the host country Costa Rica, and the forthcoming presentations were made in alphabetical order. Mr Raúl López of the Ministerio del Ambiente y Energía of Costa Rica, spoke about the situation that his country currently experiences regarding the process of ratification of the Protocol, and went through the most important activities to be undertaken within the upcoming months in order to reach a ratification of the Protocol. He referred to the norms of pollution discharge in Costa Rica and the entering into force of the Environmental Cannon for Discharges; which is an economic instrument for environmental politics that intend to reduce the discharge of pollutants and encourage a clean production policy.

12.The representative of Belize, Mr. Jorge Franco of the Ministry of Health and Environment, spoke about the existing environmental problems in his country and the activities that the government of Belize are carrying out in order to tackle the situation. He explained the process of the Belize Environmental Impact Assessments which are in line with the policy of the environmental authorities for approvals of new investments.

13. The afternoon session started with a conference presented by the delegate of Colombia, Mr. Jesús Garay Tinoco, who referred to the activities and steps undertaken by the Colombian Government in order to reach a ratification of the LBS Protocol, and discussed the institutional capacity of the country; the environmental standards; policies; and legislations, and gave a brief on projects currently running that are related to the Protocol. Mr. Tinoco moved on by presenting a National Program of Investigation, including an action plan for year 2004-2014 for the evaluation, prevention, control and reduction of land based sources of pollutants reaching the sea.

14. The Cuban representative, Ms Idekich García, held a conference on the processes and needs necessary for Cuba to fulfil in order to accede to the Protocol. She explained that there is a need for the creation of a technical base that allows environmental authorities to evaluate the responsibilities they will face once they become signatories to the Protocol. In continuation she mentioned that the financial aspect hampers the process of accession, keeping in mind the investments that may follow when striving to comply with the requirements of the Protocol. Ms García suggested some solutions to overcome this preoccupation and demonstrated the policies and programs that Cuba are currently developing in order to reduce the load of pollutants being discharged into different categories of water bodies.

15. The Guatemala representative, Lic. Leila Carolina Villatoro, referred to the endeavours being carried out by her country to preserve and protect the coastal zones and she informed the participants about the relevancy of the Cartagena Convention and its Protocols for Guatemala. Moreover, she pointed on the principal obstacles for Guatemala in terms of acceding to the LBS Protocol, and mentioned what kind of assistance the country would appreciate in order to impose the continuance of the process of reaching an accession.

16. At the end of the day Dr. Teofilo Monteiro, functionary of the Panamerican Health Organization (PAHO) held a presentation on the relation between the LBS Protocol and the public health. He demonstrated the benefits that the LBS Protocol as a legal instrument may entail for the public health of the population in the Wider Caribbean Region. He also discussed the Anápolis Protocol and presented the PAHO sanitary guidelines, as well as an evaluation of the sanitary situation in the countries of the region based on data from year 2000. In his final remarks he acknowledged the overall benefits the countries would be able to enjoy if becoming signatories to the LBS Protocol.

17. At the plenary session by the end of the day, a symposium was held regarding the different aspects that had risen on the LBS Protocol during the sessions, the most prominent being:

• It was agreed that it is necessary to determine the specific benefits of ratifying or acceding to the Protocol

• A discussion was held about the need to undertake epidemiological studies in order to reach a proper acknowledgment and understanding regarding the level of pollution loads and concentrations that should be allowed to discharge into the coastal zones of the Caribbean waters classified as Class I and II, without there being any effects on the human health connected to it.

18. In the morning session of the 8th of December the country presentations continued with Mexico, Nicaragua, the Dominican Republic and Venezuela.

19. The Mexican representative, Mr. Ángel Bustamante declared that his country has not yet started with the process of acceding to the Protocol due to several reasons which he explained to the meeting. He stressed that the impediments Mexico would need to overcome in order to accede to the LBS Protocol are of three kinds; financial limitations, lack of formation of resources at an operational level, and a weak dissemination of the Protocol to the different states of Mexico.

20. The representative from Nicaragua, Ms Flor Ivette Cortés, referred to the different obstacles that have delayed the process of accession to the Protocol in Nicaragua. She also mentioned that the mechanisms and programs that her country is developing in relevance with the LBS Protocol facilitate for the accession process. Ms Cortés continued by stressing the need for Nicaragua to reach an accession and presented the tasks that would need to be fulfilled; technical assessments for the implementation of the Protocol, dissemination of the same amongst various stakeholders including the National Assembly, and the undertaking of a public awareness campaign assisted by the mass media.

21. The representative of the Dominican Republic, Mr. Felipe Ditren, informed the meeting about the main environmental problems of the country, and underlined that the greatest pollution impact on the coastal areas of the Dominican Republic are caused by the discharge of domestic and industrial residual waste, as well as by urban solid waste. He said that the principal obstacles in ratifying the Protocol are lack of promotion through the mass media, lack of public awareness and mechanisms as well as tools for the public awareness. There is moreover a deficiency in the finances allocated to waste management in general.

22. The Venezuela representative, Mr. Biomar Blanco highlighted that the problems related to land based sources of pollutants in coastal and marine areas are similar for most countries of the region, who to a greater or lesser extent show up similarities in their strengths and weaknesses. However there is one factor in particular that the countries have in common; the national standards for treatment of discharged water are superior to the parameters set up by the LBS Protocol. On the other hand he indicated the importance of implementing a regional approach in terms of the harmonization of standards, so that countries can express their common needs jointly in order to benefit in obtaining multilateral finances. Mr. Blanco also emphasized on the importance of the actions within various levels of government and the active participation of the civil society in the challenges that the private and public sector have established within the environmental field, in conformity with the Venezuelan legislation and with the needs of the communities request for more infrastructure and better management in line with the programs, projects and plans put forward by the national government. He ended the presentation by stating that the most prominent barriers hindering a ratification of the Protocol in Venezuela are financial shortages for the implementation of treatment systems for residual waters, and a lack of human resources within technical management at both local and regional level.

23. Finally, keeping in mind the presentations made by the participants, it was possible to summarize that there are many issues in common among the countries when it comes to obstacles in the ratification/ accession process to the Protocol, e.g. the promotion of it is deficient in almost all countries. Other common obstacles are the lack of financing for the execution of work and sanitation programs, and a lack of institutional and human resources with sufficient levels of preparedness to be able to tackle the tasks.

24. Once all country representatives had contributed with their national presentations, Mr. Gonzalo Cid from NOAA (National Oceanographic Atmospheric Agency, U.S.), briefed the meeting on the importance of each country elaborating National Programs of Action (NPA´s) within the Global Program of Action (GPA) for the protection of the marine environment from land based activities and pollution, and explained the steps of concrete actions that should be taken by the countries.

25. In continuation, Mr. Joaquín Gutiérrez of the Ministerio de Ciencia Tecnología y Medioambiente of Cuba, held a technical conference on submarine outfalls, in which he stressed the necessity of recognizing the mixed zone as a reduction zone, when urban waste is discharged by submarine emissionss in Class I waters. He demonstrated that submarine outfalls are valid as alternative treatment options for the countries of the region, having in mind the discharge requirements in Class II waters according to Annex III of the LBS Protocol.

26. Following the lunch break, Mr. Walter Zavala presented a calculation methodology for the determination of contamination loads, in which it was defined how to obtain the value of pollutants expressed as DQO and Total Suspended Solids. A subsequent conference with a similar theme was held by Ms. Idekich García and Mr. Joaquín Gutiérrez, who referred to the Cuban methodology used for estimating contamination loadings. The benefits of both methodologies are based on the possibility to estimate the contamination loads without having to carry out laboratory analysis’s, which is why it is considered very important to apply these methodologies in the region. On an upcoming workshop to be held in Venezuela early 2005, a region wide methodology for LBS contamination loads will be defined to unify criteria among the regions countries and to assist work on the implementation of the methodology in each country.

27. At the plenary session by the end of the day various issues were debated, the most important ones being;

• The need to determine the the benefits that a ratification/ accession to the Protocol would represent.

• The need to work jointly with NOAA to elaborate the National Programs of Actions (NPA´s) in order to facilitate for the implementation of the Protocol.

• The need for UNEP-CAR/RCU to bring up the issues related to the LBS Protocol in the agendas of important international meetings, such as the Minister Reunion for the Health and the Environment in 2005, and the Water Forum in 2006.

Item 3 of the Agenda: Field Trip

28. In the early morning of Thursday the 9:th of December the participants of the workshop took off for a visit to the EARTH University, where different low-cost treatment systems were demonstrated to the visitors, which would suit usage in rural areas. The discharge generated by the treated waste is taken care of onsite at the University and used as humus at the Campus’s agricultural fields, and in some cases for production of biogas and small scale production of electric energy, also for use within the University area. It is moreover important to note, that in the annexes II and IV of the LBS Protocol, best practices within management of waste and the installation of low cost treatment systems, are defined as appropriate to implement in the countries of our region, and at this field study it was demonstrated how work can be done in this direction.

29. In the evening session the group continued their field visit to Puerto Limón, where the Submarine Outfalls for the sewage drains of the city of Puerto Limón was demonstrated, and it was explained that the outfalls serve the waste generated by the entire population of the city. After the visit to the technical installation of the outfall, the group moved on to a local where a presentation was held on a Plan for the Maintenance and Reparation of the outfalls. Next was a video presentation by Joaquín Gutiérrez from Cuba, where the group could learn about the construction of two submarine outfalls in the coastal zone of the City of Havana. In relation to the video presentation some important aspects of the construction work were discussed.

30.The plenary session of the day was mainly related to technical issues such as construction and maintenance of submarine outfalls, as well as regarding investment and operational costs for the same.

Item 4 of the Agenda: Group work

31. The facilitator of the workshop Mr. Antonio Villasol, assisted the group in dividing into smaller working groups: one that would session about the benefits of the ratification of the LBS Protocol and one that would discuss the technical aspects to be solved in order to facilitate for the implementation of the Protocol. The groups workeduntil lunch timeand prepared their conclusions that were to be discussed on the afternoon session.