Background
The Convention for the Protection and Development of the Marine Environment in the Wider Caribbean Region (WCR), or the "Cartagena Convention," is the only binding regional environmental treaty for the WCR. The Cartagena Convention, presently has 20 States that are Contracting Parties out of the 28 States in the Region. The Convention is a framework convention and calls upon its Contracting Parties to develop protocols and other agreements to facilitate the Convention's effective implementation. The Convention and its Protocols constitute a legal commitment by these countries to protect, develop and manage their common waters, individually and jointly.

Two protocols have thus far been developed. The first protocol on co-operation in combating oil spills in the WCR entered into force in 1986 with the Convention. The second protocol on Specially Protected Areas and Wildlife, adopted in 1990, is expected to enter into force in 1998. Work is ongoing on a third protocol on the prevention, reduction, and control of marine pollution from land-based sources and activities (LBS Protocol). Completion of these negotiations and adoption of this protocol is expected for the second quarter of 1999.

The LBS Protocol is a regional mechanism that will assist States in the WCR to achieve the goals and obligations of two international agreements. The United Nations Convention on the Law of the Sea calls upon Sates to adopt laws and regulations to prevent, reduce, and control, pollution of the marine environment from land-based sources.

The Global Programme of Action for the Protection of the Marine Environment from Land-Based Activities (GPA), adopted in Washington in 1995, highlights the need for action to reduce the pollutant load to the seas from land-based sources activities. Both of these instruments emphasize the need to act at the regional level to address this problem.

Regional action is particularly important to the WCR. Because of the large number of countries in a relatively small area, almost the entire marine environment of the WCR falls under national jurisdiction. Further, the large number of countries and their close proximity and the circulation patterns in the WCR create a large number of transboundary pollution issues. This situation exemplifies the need for regional co-operation and coordination to effectively address land-based sources and activities.[Top]

Marine Pollution from Land-Based Sources and Activities in the Wider Caribbean
In 1994, the Caribbean Environment Programme (CEP) of UNEP completed an overview of land-based point sources of marine pollution in the WCR. The final report of that study (CEP Technical Report #33), indicated that domestic wastewater was the largest point source contributor by volume to the WCR. Domestic wastewater was followed by five industrial categories: oil refineries, sugar refineries, distilleries, food processing, manufacture of beer and other drinks, pulp and paper factories and chemical manufacturing. Though not part of the 1994 study which focused on point sources, urban and agricultural nonpoint sources of pollution are also recognized as significant contributors to pollution of the WCR.[Top]

LBS Protocol Development in the WCR: A new approach
Two expert meetings held in 1992 and 1994 assisted in shaping the basic conceptual and structural approach of the Protocol. Negotiations in 1996, 1997 and 1998 have brought the Protocol to the point where the Contracting Parties have agreed to hold final negotiations in the first half of 1999. The Protocol as drafted differs significantly from other regional LBS instruments and, once implemented, should result in tangible positive environmental impacts in the WCR and on the economies of the Region which are highly dependent on the marine environment.

The draft Protocol sets forward general obligations, institutional responsibilities, and procedures for acceptance and ratification in the main body of the Protocol. Specific technical annexes establish priority source categories and activities and contaminants of concern in the Convention Area; factors to be used in determining effluent limitations; and management practices, and specific obligations applicable to specific pollution sources in the region.

The first annex to the Protocol establishes a list of the sources, activities, and contaminants of specific concern for the WCR as a whole. The second annex establishes the process for developing regional source-specific controls. Future annexes will be negotiated to address these priority source categories, activities and contaminants of concern listed in Annex I and, using the factors set forth in Annex II. These future annexes will set regional effluent limitations and best management practices. Such annexes will also contain timetables for achieving the effluent limitations and management practices.

The third and fourth annexes, which are the first of the two source-specific annexes, to be adopted together with the Protocol, establish effluent limitations for domestic sewage and best management practices that are to be incorporated into national plans to control pollution from agricultural non-point sources. The effective implementation of these two annexes will commit the Parties to making significant improvements to the pollution control practices currently used in much of the WCR.

If adopted, this agreement will be the first regional seas agreement where effluent limitations and other obligations are required within a given time frame for specific sources of pollution.[Top]

Technical Assistance: making it happen
In the end, the LBS Protocol is only effective if well implemented. Effective implementation of the Protocol, will require the co-operation and co-ordination of entities at the international, regional, national and local levels, the private sector, and donor institutions.

Key challenges for implementing the LBS Protocol include funding to support the identification, development, design, and construction of pollution control technologies and institutional capacity building. The Caribbean Regional Co-ordinating Unit of UNEP, as Secretariat to the Cartagena Convention, along with the Contracting Parties and other relevant organizations is designing and implementing projects to meet these challenges. Pilot projects for capacity building in various WCR countries provide models for replicability in other countries. Technology exchange takes place through workshops on appropriate technologies and best management practices. CEP has made some progress in these areas, but the need is great. On behalf of the Contracting Parties to the Cartagena Convention, the Secretariat welcomes partnerships with others to meet these needs and to prevent, reduce, and control marine pollution from land-based sources and activities.[Top]

Read and download The Draft Protocol on Land-Based Sources of Marine Pollution (Microsoft Word Version).

For additional information, visit the CEP Web site at http://www.cep.unep.org or contact:

Tim Kasten
UNEP-CAR/RCU
14-20 Port Royal Street
Kingston, Jamaica
Phone: (876) 922-9267
Fax: (876) 922-9292
tjk.uneprcuja@cwjamaica.com