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Newsletter and Technical Publications
<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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