Compliance Mechanism

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Suggestion 1: General mandate for the adoption of a compliance mechanism[edit | edit source]

Include a general mandate for the adoption of a compliance mechanism, without specifying its scope or function. E.g.:

“The Parties, at their first meeting, shall consider and approve cooperative procedures and institutional mechanisms for determining non-compliance with the provisions of this Agreement and for treatment of Parties found to be in non-compliance. These procedures and mechanisms shall include provisions to offer advice or assistance, where appropriate.”


Notes:

References: IUCN Policy Paper XIII Compliance and Verification Mechanisms, Montreal Protocol Art 8 (non- compliance), Rotterdam Convention Art 17 (non- compliance), Cartagena Protocol Art 34 (compliance), London Protocol Art 11 (compliance)


Suggestion 2: Define certain compliance mechanisms parameters.[edit | edit source]

Define parameters to guide the creation of a future compliance mechanism, including the following elements:

  • Determine the nature and purpose of the mechanism.
  • Establish a Compliance Committee.
  • Establish rules of procedure.
  • Establish triggers, voting rules.


Notes:

References: Minamata Convention Art 15 (Implementation and Compliance Committee)


Suggestion 3: Details on Compliance Committee[edit | edit source]

Provide specific details on the scope, functions and structure of a Compliance Committee.

  • Composition.
  • Election of members and meetings.
  • Measures and procedures to address compliance issues.
  • Committee empowered to adopt decisions for Parties in persistent non-compliance & recommend measures to facilitate implementation and compliance.
  • Monitoring & reports.
  • NGOs and other observers have the power to trigger compliance mechanisms.


Notes:

References: Rotterdam Convention COP Decision RC-6/9 (compliance procedures) Barcelona Convention Decision IG 17/2 & IG. 21/1, Kyoto Protocol. Decision 27/CMP.1 (compliance procedures/mechanisms), London Protocol LC 29/17 annex 7 (compliance procedures/mechanisms)


Suggestion 4: Taking account of regional bodies[edit | edit source]

Any mechanism for implementation and enforcement would take account of regional bodies.

Notes:

References: Chair's streamlined non-paper on 21 July 2017


Suggestion 5: Developing a global MCS system[edit | edit source]

Developing a global MCS system for areas beyond national jurisdiction to facilitate information sharing and joint operations between existing MCS systems.

Notes:

References: Chair's streamlined non-paper on 21 July 2017


Suggestion 6:[edit | edit source]

Notes:

References: Chair's streamlined non-paper on 21 July 2017


Suggestion 6: monitoring and reviewing compliance with the instrument through a global mandated body[edit | edit source]

The global body could be in charge of monitoring and reviewing compliance with the instrument, and enforce its provisions whenever they may be breached. Compliance could be the focus of a specifically mandated body established by the conference/meeting of parties. It could be established as follows:

  • The committee could be composed of a facilitative branch that would provide advice and assistance to Parties in order to promote compliance and an enforcement branch that would determine consequences for Parties not meeting their commitments.
  • The non-compliant Parties and non-cooperating non-Parties would be notified and offered a reasonable time to respond to the alleged non-compliance and rectify their actions or omissions.
  • Non-compliance complaints by non-State actors could be received by this body for further analysis and brought to the attention of the global body for appropriate follow up.

Notes:

References: Chair's streamlined non-paper on 21 July 2017


Suggestion 7: monitoring and reviewing compliance with the instrument through regional an sectoral bodies[edit | edit source]

Notes:

References: Chair's streamlined non-paper on 21 July 2017

Also see[edit | edit source]