Protocol for the Conservation and Management of Protected Marine and Coastal Areas of the South-East Pacific (1989)

Protocol for the Conservation and Management of Protected Marine and Coastal Areas of the South-East Pacific (1989)

Adopted at Paipa (Colombia) on 21 September 1989

The High Contracting Parties,

Recognizing the need to adopt appropriate measures for the

protection and preservation of those ecosystems which are fragile,

vulnerable or of unique natural value, and flora and fauna threatened

by depletion and extinction,

Considering that it is in the common interest to endeavour to

manage coastal areas on the basis of a rational assessment of the

proper balance between conservation and development,

Considering it necessary to establish protected areas with

special emphasis on parks, reserves, flora and fauna sanctuaries and

other such areas,

Bearing in mind that all activities liable to have adverse

effects on the ecosystem, flora and fauna and their habitat must be

regulated, and

Bearing in mind the 1981 Convention for the Protection of the

Marine Environment and Coastal Area of the South-East Pacific,

Have agreed as follows:

Article I

Applicability

The area to which this Protocol applies shall be the maritime

area of the South-East Pacific within the 200-mile maritime zone over

which the High Contracting Parties exercise sovereignty and

jurisdiction,

This Protocol shall also apply to the entire continental shelf

when the High Contracting Parties extend it beyond their 200 miles.

The coastal zone, where interaction between land, sea and the

atmosphere is ecologically apparent, shall be determined by each State

Party, in accordance with the relevant scientific and technical

criteria.

Article II

General obligations

The High Contracting Parties undertake, either individually or

through bilateral or multilateral co-operation, to adopt appropriate

measures in accordance with the provisions of this Protocol in order

to protect and preserve those ecosystems which are fragile, vulnerable

or of unique natural or cultural value, with particular emphasis on

flora and fauna threatened by depletion or extinction, and shall

conduct studies for the purpose of restoring the environment or

restocking flora and fauna, where necessary;

To this end, the High Contracting Parties shall

establish areas

under their protection in the form of parks, reserves, flora and fauna

sanctuaries and other such areas. In these areas integration

management shall be established on the basis of studies and

inventories of their resources, with a view to ensuring their

sustained development, and any activity liable to have adverse effects

on the ecosystem, flora and fauna or their habitat, shall be

prohibited.

Article III

Information on protected areas

The High Contracting Parties undertake to provide each other,

through the Executive Secretariat of this Protocol, with information

on the designation of protected areas, specifying the relevant factors

which were taken into account in making the designation, such as the

importance of the areas from the scientific, ecological, economic,

historical, archaeological, cultural, educational, touristic,

aesthetic or other point of view.

The information provided by the High Contracting Parties shall

indicate the effects that it may have on the environment, coastal

resources or the value thereof.

Each State Party shall endeavour, to the extent possible and

prior to establishing its protected areas, to exchange information

thereon with the other States Parties to the Protocol.

Each State Party shall inform the others, through the Executive

Secretariat, of any change introduced in the legal status or

delimitation of its protected areas.

The Executive Secretariat shall keep up to date a register of the

information provided by States Parties on their protected areas and

any regulatory measures that they may adopt for those areas. The

Executive Secretariat shall transmit the information received to the

other Parties in good time.

Article IV

Common criteria

The High Contracting Parties shall adopt common criteria for the

establishment of areas under their protection. To that end, where they

deem it appropriate, they shall request, jointly or individually, the

advice and co-operation of the competent international organizations.

Article V

Regulation of activities

Each High Contracting Party shall establish integrated

environmental management in the protected areas as follows:

(a) It shall establish the management of flora and fauna in

accordance with the particular characteristics of the protected areas;

(b) It shall prohibit activities relating to prospecting and mining

of the soil and subsoil of the protected area;

activity in the area;

(d) It shall regulate trade affecting the flora, fauna and their

habitat in the protected area;

(e) In general, it shall prohibit any activity liable to have adverse

effects on species,ecosystems or biological processes protecting such

areas, or on their status as national, scientific, ecological,

economic, historical, cultural, archaeological or touristic assets.

Article VI

Buffer zones

The Contracting Parties shall establish, around the protected

areas, buffer zones where none exist and wherein the uses made of the

areas can be regulated in order to ensure compliance with the purposes

of this Protocol.

Article VII

Measures to prevent, reduce and control pollution of Protected areas

The High Contracting Parties shall take measures, individually

or jointly, to prevent or reduce and control environmental

deterioration, including pollution in the protected areas, deriving

from any source or activity, and they shall make every effort to

harmonize their policies in the matter.

Such measures shall include, inter alia, those designed to:

1. Prohibit the dumping of toxic, harmful or noxious substances,

especially those which are persistent, from land-based sources,

including rivers, estuaries, drainage pipes and structures, from or

through the atmosphere;

2. Prevent, reduce and control, to the extent possible:

(a) Pollution from vessels, including measures to prevent

accidents and deal with emergency situations and to prevent

dumping, whether intentional or unintentional;

(b) The control and transport of hazardous substances;

including transplants; and,

(d) other activities likely to cause environmental

deterioration.

Article VIII

Environmental impact assessment

The High Contracting Parties shall assess the environmental

impact of any activity liable to produce adverse effects on protected

areas and shall establish an integrated analysis procedure for that

purpose. They shall also exchange information on alternative

activities or measures suggested for preventing such effects.

Article IX

Scientific and technical research, environmental education and

community participation

The High Contracting Parties shall promote scientific and

technical research, environmental education and community

participation as a basis for conserving and managing the protected

areas.

Article X

Rules concerning co-operation

The High Contracting Parties shall take steps, through the

Executive Secretariat of this Protocol, to co-operate in the

management and conservation of the protected areas and shall, to that

end, exchange information on the programmes and research carried out

in those areas, and on the experiences of each area, particularly in

the scientific, legal and managerial fields. The Executive Secretary

may also request such information from the universities and

specialized institutions of the States Parties to this Protocol

through the focal points.

The High Contracting Parties shall, directly or through the

Executive Secretariat, promote programmes of scientific, technical,

legal, educational and other assistance for the protected areas.

Such assistance shall include, inter alia:

(i) Training of scientific and technical personnel;

(ii) Participation in the respective programmes;

(iii) Supplying experts and equipment;

(iv) Supplying facilities for, and advice on, research,

monitoring,educational, tourism and other programmes;

(v) Organization of a technical file on the specialized

legislation of each of the States Parties;

(vi) Dissemination of specialized information on the protected

areas.

Article XI

Environmental education

The High Contracting Parties shall promote environmental

education and community participation in the conservation and

management of the protected areas.

Article XII

Authorities of the protected areas

The High Contracting Parties undertake to supply, through the

Executive Secretariat, information on:

(a) The national organization and authorities responsible for

managing the protected areas;

(b) Research programmes in the protected areas.

Article XIII

Compliance and penalties

Each High Contracting Party undertakes to ensure compliance with

the provisions of this Protocol and to adopt legal and administrative

measures within its jurisdiction for preventing or penalizing any

activity in violation of these provisions.

The High Contracting Parties shall notify the Executive

Secretariat of the measures adopted for implementing the provisions of

the preceding paragraph.

Article XIV

Meetings of the High Contracting Parties

The High Contracting Parties shall hold regular meetings at least

every two years, or special meetings at any time, when two or more of

the Parties so request. These meetings shall be convened by the

Executive Secretariat.

At regular meetings, the High Contracting Parties shall adopt

resolutions on the basis of an analysis, inter alia, of the following

points:

(a) The extent to which this Protocol is being implemented and the

effectiveness of the measures taken and the need to develop other

kinds of activities in compliance with the objectives of this

Protocol;

(b) the need for amendments to, or revisions of, this Protocol and

the advisability of expansion or modification of the resolutions

adopted in pursuance thereof;

achieving the purposes of this Protocol.

The High Contracting Parties shall enable the authorities

responsible for the protected areas to participate as technical

advisers in the meetings held.

Article XV

Executive Secretariat of the Protocol

For the purposes of administering and implementing this Protocol,

the High Contracting Parties hereby appoint the General Secretariat of

the Permanent Commission for the South Pacific (CPPS) to serve as

Executive Secretariat of the Commission. At their first meeting, the

Parties shall establish the procedure and financing for the

performance of this function on behalf of the Commission.

Article XVI

Entry into force

This Protocol shall enter into force 60 days after the third

instrument of ratification has been deposited with the General

Secretariat of the Permanent Commission for the South Pacific (CPPS).

Article XVII

Denunciation

This Protocol may be denounced by any of the High Contracting

Parties after it has been in force for two years for such denouncing

Party.

Such denunciation shall take effect by means of written

notification to the Executive Secretariat which shall communicate it

forthwith to the High Contracting Parties.

The denunciation shall take effect 180 days after the date of the

said notification.

Article XVIII

Amendments

This Protocol may be amended only by unanimous decision of the

High Contracting Parties. Amendments shall be subject to ratification

and shall enter into force after the third instrument of ratification

has been deposited with the Executive Secretariat.

Article XIX

Accession

This protocol shall be open for accession by any State bordering

the South East Pacific.*

Accession shall be effected by the deposit of the relevant

instrument with the Executive Secretariat which shall communicate it

to the High Contracting Parties.

This Protocol shall enter into force for the State acceding

thereto 60 days after the deposit of the relevant instrument.

Article XX

Reservations

No reservations to this Protocol shall be admissible.

DONE in seven identical copies, one of which shall be deposited with

the General Secretariat of the Permanent Commission for the South

Pacific (CPPS), all being equally authentic for the purposes of

implementation and interpretation.

IN WITNESS WHEREOF this Protocol has been signed at Paipa,

Colombia, on 21 September 1989.

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* Applicable by extension to the coastal Latin American States of the

East Pacific.