On the ratification of the United Nations Convention to Combat Desertification

Home / RLA / On the ratification of the United Nations Convention to Combat Desertification

Law of the Republic of Kazakhstan dated July 7, 1997 No. 149-1

To ratify the United Nations Convention to Combat Desertification, adopted on June 17, 1994 in Paris.

President

Republic of Kazakhstan

application

The Convention

United Nations Convention to Combat Desertification*

(the text is unofficial)

The main provisions

The final text of the United Nations Convention to Combat Desertification in Those Countries Experiencing Severe Drought and/or Desertification, Especially in Africa, consists of Parts VI and IV Annexes.

Part I - Introduction - opens Article 1 ("Use of terms"), which states that for the purposes of this Convention: (a) "desertification" means land degradation in arid, semi-arid and dry sub-humid areas as a result of various factors, including climate change and human activities; b) "Combating desertification" includes activities that are part of the integrated development of land resources in arid, semi-arid and dry subhumid areas for sustainable development and are aimed at: - preventing and/or reducing land degradation; - restoring partially degraded lands; - restoring lands affected by desertification; c) "drought" means a natural phenomenon that occurs when precipitation is significantly below normal recorded levels, which causes a serious disturbance of the hydrological balance, adversely affecting the productivity of land resources; d) "drought mitigation" means activities related to drought forecasting and aimed at reducing the vulnerability of society and natural systems to drought as it is part of the process of combating desertification; e) "earth" means the terrestrial bio-productive system, which includes soil, water, vegetation, other biomass, as well as ecological and hydrological processes occurring within the system.; (e) "Land degradation" means the reduction or loss of biological and economic productivity and the complex structure of fertile arable land, irrigated arable land or pastures, forests and wooded areas in arid, semi-arid and dry subhumid areas as a result of land use or the action of one or more processes, including those related to human activities and settlement structures; such as: - wind and/or water erosion of soils; - deterioration of physical, chemical, biological or economic properties of soils; - long-term loss of natural vegetation cover; g) "arid, semi-arid and dry subhumid areas" are areas, in addition to polar and subpolar, in which the ratio of average annual precipitation to potential evotranspiration ranges from 0.05 to 0.65; h) "affected areas" means arid, semi-arid and/or dry subhumid areas affected by or threatened by desertification; (i) "Affected countries" means countries in which the land surface includes, in whole or in part, affected areas; (k) "regional economic integration organization" means an organization established by the sovereign States of a particular region, whose competence includes matters governed by this convention and which is duly authorized, in accordance with its internal procedures, to sign, to ratify, accept, approve or accede to this Convention; k) "Developed country Parties to the Convention" are regional economic integration organizations established by developed countries. The purpose of this convention is to combat desertification and mitigate the effects of drought by taking effective measures at all levels, combined with international cooperation and partnership agreements, as part of an integrated approach consistent with the 21st century Agenda and aimed at achieving sustainable development in affected areas. To achieve this goal, a long-term comprehensive strategy for the affected areas is needed, aimed simultaneously at increasing land productivity, restoration, conservation, sustainable and rational use of land and water resources in order to improve living standards, especially for communities. In order to achieve the objectives of this convention and implement its provisions, the Parties shall be guided, in particular, by the following principles: (a) Ensure the participation of the population and local communities in decision-making on the development and implementation of programmes to combat desertification and/or mitigate the effects of drought and the creation at higher levels of an enabling environment conducive to activities at the national and local levels; (b) In the spirit of international solidarity and partnership, improve cooperation and coordination at the subregional, regional and international levels and concentrate financial, human, organizational and technical resources more effectively where they are needed; (c) Develop cooperation between all levels of government, communities, non-governmental organizations and landowners in order to achieve a deeper understanding of understanding the nature and value of lands and scarce natural resources in affected areas and working towards their sustainable use; (d) Take fully into account the special needs and circumstances of affected developing country Parties and, in particular, the least developed among them.

Part II - General provisions - contains articles that address general obligations, obligations of affected country Parties, obligations of developed country Parties and the relationship with other conventions. The Parties shall encourage the coordination of activities carried out under this convention and other relevant international agreements, in particular the United Nations Framework Convention on Climate Change and the Convention on Biological Diversity, in order to maximize the benefits of activities carried out under each agreement and avoid duplication of efforts. Joint programmes are encouraged, especially in the fields of scientific research, training, systematic observation and information exchange to achieve the objectives of the relevant agreements.

Part III - Action programmes, scientific and technical cooperation and support measures. The Parties to the convention and any other affected party shall appropriately develop, publicize and implement national action programmes based, as far as possible, on relevant existing and successfully implemented plans and programmes, as well as subregional and regional action programmes, which are the central element of the strategy to combat desertification and mitigate the effects of drought. Such programs are updated as part of a continuous process of public participation based on the experience gained in field implementation and the results of scientific research. National programmes are closely linked to other efforts to formulate national policies for sustainable development. The Parties agree to comprehensively and coordinate the collection and analysis of relevant short- and long-term data and information and their exchange to ensure systematic monitoring of land degradation in affected areas and a deeper understanding and analysis of the processes of drought and desertification and their consequences. This will ensure, in particular, early warning of periods of adverse climate change and early planning of activities for these periods in a form suitable for practical use by users at all levels, primarily the local population. The Parties shall support research activities that, in particular: - protects, summarizes, deepens and confirms traditional and local knowledge, know-how and practices, ensuring, taking into account national legislation or policy, that the holders of this knowledge receive direct benefits on an equitable basis and mutually acceptable terms from their commercial use in any form or from any technical achievement made possible by them; - takes into account, where appropriate, the relationship between poverty, migration caused by environmental factors, and desertification; - contributes to increasing the volume of water resources in affected areas, including through chemical exposure to clouds, etc. The Parties shall facilitate access, especially for affected countries, on favorable terms, including concessional and preferential terms, by mutual agreement, taking into account the protection of intellectual property rights, to technologies that are most suitable for practical use in order to meet the special needs of the local population, giving priority attention to the social, cultural, economic and environmental impacts of such technologies.. The Parties recognize the importance of capacity-building, i.e. institutions, training and capacity development on the ground - as part of efforts to combat desertification and mitigate the effects of droughts. The Conference of the Parties shall establish and/or strengthen networks of regional education and training centers to meet the objectives of the convention. These networks work closely with relevant intergovernmental organizations to avoid duplication of efforts. In view of the central importance of financing for achieving the objectives of the Convention, the Parties shall make every effort to ensure adequate financial resources for programmes to combat desertification and mitigate the effects of drought. In this regard, the developed country Parties undertake, in particular: - to facilitate the mobilization of necessary, timely and predictable financial resources, including new and additional funds from the Global Environment Facility, to cover the additional costs of activities related to desertification and corresponding to its four central areas; - Explore new methods and incentives for mobilizing and channeling resources, especially debt cost accounting systems and other new means to increase financing by reducing the external debt burden of affected developing country Parties, especially African countries. In order to enhance the effectiveness and impact of existing financial mechanisms, a Global Mechanism is hereby established to facilitate measures leading to the mobilization and channeling of substantial financial resources, including technology transfer at no cost and/or on concessional terms to affected developing country Parties. This Global Mechanism operates under the direction and management of the Conference of the Parties and reports to it. The Conference, at its first regular session, determines the organization to which the Global Mechanism will belong.

Part IV - Institutions The highest body of this Convention is the Conference of the Parties. The first session of the Conference is convened by the provisional secretariat and is held no later than one year after the date of entry into force of the convention. The second, third and fourth ordinary sessions are held annually, and thereafter ordinary sessions are held every two years, unless the Conference of the Parties decides otherwise. The Conference of the Parties, at its first session, appoints a permanent Secretariat and takes measures to ensure its functioning. The Committee on Science and Technology is hereby established as a subsidiary body of the Conference of the Parties to provide it with information and advice on scientific and technical issues related to combating desertification and mitigating the effects of drought. The sessions of this committee are held jointly with the regular sessions of the Conference, are interdisciplinary in nature and are open to the participation of all Parties. It is composed of government representatives with expertise in their respective fields of expertise. At the first session, the Conference decides on the terms of reference of the Committee. The Committee on Science and Technology, under the guidance of the Conference of the Parties, provides for a survey and evaluation of relevant networks, institutions, institutions and bodies willing to join the network. The presence of such a network will contribute to the implementation of the convention.

Part V - Procedures Each Party, through the permanent Secretariat, shall submit to the Conference of the Parties, for consideration at its regular sessions, reports on the measures it is taking to implement this Convention. The Conference determines the schedule and format of such reports. The Conference of the Parties shall review and adopt procedures and institutional mechanisms to address issues that may arise with respect to the implementation of the convention. Part VI - Final provisions

This Convention shall be opened for signature by the Member States of the United Nations or any of its specialized agencies or by the States Parties to the Statute of the International Court of Justice and regional economic integration organizations in Paris on October 14-15, 1994. Subsequently, it remains open for signature at the UN Headquarters in New York until October 13, 1995. The Convention shall open for accession on the day following the day on which it closes for signature. The Convention enters into force on the ninetieth day after the deposit of the fiftieth instrument of ratification, acceptance, approval or accession.

The text of the convention includes Annexes IV on the implementation of the convention at the regional level for Africa (Annex I), for Asia (Annex III), for Latin America and the Caribbean (Annex III), and for the Northern Mediterranean (Annex IV). The annexes are an integral part of this Convention and, unless expressly provided otherwise, any reference to this Convention also constitutes a reference to its annexes.

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases