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<Planning and Management of Lakes and Reservoirs:
An Integrated Approach to Eutrophication>


CHAPTER 3. POLICY, INSTITUTIONAL, AND REGULATORY FRAMEWORK

3.5. Institutional Framework

3.5.1. General Background

Most initiatives and recommendations at the international level deal with the development and strengthening of the institutional and regulatory framework to ensure the protection and conservation of water resources. At present, there is a need to not only to consider the support of environmental protection, but also to ensure functional water markets, the protection of water rights, and to promote investment in urban water and waste management, the latter being an essential component of eutrophication control programs.

In this respect, Agenda 21 of the United Nations Conference on Environment and Development in Rio de Janeiro, 1992, recommended the review, strengthening, and restructuring of, if required, existing institutions in order to enhance their capacities in water-related activities, while recognizing the need to manage water resources at the lowest appropriate level.

It is to be recognized that the institutional approach to the management of natural resources has been continuously evolving along with the new challenges that development needs posed on the use and protection of said resources. The Stockholm Conference in 1972 may constitute a landmark in that respect. Prior to it, and particularly where natural resources have constituted the main source of economic development, the countries have created institutions to deal with the promotion and development, i.e., the administration of said resources. The generalized approach comprised sector governmental agencies administrating, in a rather independent way, the utilization of the different natural resources and in some cases, such as water resources, of their different uses. Thus, fragmentation of responsibilities and overlapping of attributions characterize generalized institutional approach which has been impairing, even up to date, the integrated and sustainable management of natural resources.

After the Stockholm Conference, a more global approach towards integrated management of natural resources, together with the protection of the environment, resulted in the creation of environmental organizations. In some cases, environmental functions were added to existing agencies (public health, agriculture, mining, etc.). In others, the environmental agency was created by grouping a certain number of sectoral organizations dealing with the administration of natural resources. In a more limited number of cases, such as Bolivia, a comprehensive new organization dealing with sustainable development and the environment was created. However, the lack of political will, as well as that of human, technical, and economic resources have limited the capacity of these new organizations to achieve the objective of incorporating a comprehensive environmental approach in the planning and decision making processes.

Since fragmentation of institutional responsibilities still presently constitutes a generalized drawback for integrated Water Resources Management, there is the need for reviewing and strengthening the organizational structure, functional relationships and linkages among ministries and departments within a given ministry. Further, there is a need for establishing mechanisms for cooperation among government agencies, including those in the legal and the enforcement areas, to facilitate environmental information exchange, technology cooperation and capacity building. Institutional strength lies also, to a great extent, on the establishment of high level coordination mechanisms to formulate, review, or update water resources policies, laws, and technical standards, bringing together all sectors of society. Box 3.4 provides a brief description of the environmental institutional setting in Argentina and Bolivia.

Box 3.4 Environmental Institutional Framework in Argentina and Bolivia
(Comparative Study of the Institutional Designs for Environmental Management in the Countries of Latin American and the Caribbean, 1996).

Natural resources have constituted the main source of economic development in the Latin American Countries (LAC). Therefore, many years ago these countries created institutions to deal with the promotion and development (i.e., the administration) of said resources. Environmental organizations started to appear in a rather heterogeneous way after the Stockholm 1972 Conference. In some cases, environmental functions where added to existing agencies (public health, agriculture, mining, etc.) or the environmental agency was created by grouping a certain number of sectoral organizations dealing with natural resources administration.

Bolivia is the only country in LAC which created after the United Nations Conference on Environment and Development in 1993, a high level governmental agency dealing jointly with sustainable development and environmental issues: the Ministry of Sustainable Development and Environment. The main function of the agency is to deal with all aspects of the synchronized development of the country, leading the National Planning System, which articulates sectoral programmes, and elaborates the National Strategy for Sustainable Development; to elaborate strategies, policies and regulations for the use of natural resources establishing mechanisms for its rational utilization and for the assessment and surveillance of socioeconomic activities, which may impact on the environment; to establish regulations for the EIA of public and private projects and to propose environmental regulations and control its compliance by private and public sector at all levels. In 1997, reformulation of the governmental structure resulted in creating the Ministry of Sustainable Development and Planning and the Vice Ministries of Sustainable Development and Environment, Planning and Land Use Zoning, Public Participation and Municipal Strengthening, among others.

In Bolivia, the decentralization of activity involves the Department Prefectures, through their Secretaries of Sustainable Development, which have the functions of planning over their jurisdiction, controlling the use of natural resources, administrating national policies and regulations on natural resources and environment, and promoting environmental awareness. Municipalities are usually competent at the level concerning pollution control, urban planning, and sanitation.

Argentina has implemented the Secretary of Natural Resources and Sustainable Development according to the last reformulation in 1997. This is a centralized organization, at ministry level. Its functions are related to the promotion, protection, restoration, and control of the environment and conservation of the natural renewable resources, and to acting as enforcement authority with respect to all laws dealing with wildlife, air, water, and soil quality, management of dangerous and toxic wastes, and protection of the ozone layer. Four Under-Secretaries, dealing with Water Resources, Natural Resources, Environmental Ordering, and Program Coordination, configure the existing structure, which is also integrated by the National Parks Administration and the Institute for Water and Environment as decentralized agencies. In Argentina, the provinces have not delegated to the Federal Government the management of their natural resources and the environment. Thus, after the Stockholm Conference in 1972, the majority of the provinces, when reforming and updating their Constitutions, ruled locally about environmental rights and management. This explains why Argentina has not yet been given a general environmental law and also the difficulties of successive federal administrations to establish an environmental policy at the national level. Special national natural resources and environment laws have only been enforced in those provinces which have adhered explicitly to them by provincial laws. Also, each province has created its own environmental authorities, according to their own criteria, which differs from one to the other. The Federal Council for the Environment was created in 1992 and in 1993, the Federal Environmental Agreement was signed by the 23 provinces and the Municipality of the City of Buenos Aires to promote sound policies for sustainable development, the coordination and/or unification of environmental organizations, and to harmonize and enforce environmental legislation in all jurisdictions.

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