EXECUTION OF AGENDA 21 – AN OUTLINE

(ASSIGNMENT TOWARDS FULFILLMENT OF ASSESSMENT IN THE SUBJECT OF ENVIRONMENT

LAW)

SUBMITTED TO SUBMITTED BY
ANUSHKA TRIPATHI
MR. VARUN SHARMA SIR

Faculty, ALS SEM – VII

B.A.LLB (HONS.)
 INDEX

1. Abstract

2. Introduction

3. Research objective

4. Literature review

5. Execution of Agenda 21 – an outline

6. Critical analysis

7. Conclusion
 ABSTRACT

When it was adopted in 1992 at the earth Summit, Agenda 21 - “a programme of action for
sustainable development worldwide” as stated in its Introduction, had the ambition of being “a
comprehensive blueprint for action to be taken globally, from now into the twenty-first century”.
The ambition was high, and so were the stated goals of the Agenda:

• improving the living standards of those in need

• better manage and protect the ecosystem
• bring about a more prosperous future for all.

Various chapters of Agenda 21 have progressed at different paces. Information on progress and
gaps in the implementation of SD commitments and decisions exist, but is often scattered. On some
of the topics, global assessments have been undertaken by the international community (IPCC
reports; Global Energy Assessment; IAASTD for agriculture). Academic institutions and think
tanks often produce reports on specific sectors or topics (e.g. oceans, renewable energy, climate
change). Short reviews of the state of implementation of various chapters or clusters of chapters of
Agenda 21 were produced by the UN for the Commission on Sustainable Development sessions in
1997 (“Rio+5”) and 2001 in preparation of the 2002 World Summit on Sustainable Development.
These reviews, which were 5-10 pages long, were produced by the UN agencies in charge of
specific chapters of Agenda 21 according to the arrangements agreed by the now extinct Inter-
Agency Committee on Sustainable Development. The UN Division for Sustainable Development
regularly undertakes reviews of progress made under the clusters of issues in different CSD cycles,
in the form of both issue-specific (sectoral) reports, so-called “overview reports”, and trends
reports. Since the Trends report produced by DSD for the World Summit on Sustainable
Development in 2002 there seems to have been no fully-encompassing review exercise done by the
Division for Sustainable Development.
 INTRODUCTION

Agenda 21, established at the 1992 United Nations Conference on Environment and Development,
or “Earth Summit”, in Rio de Janeiro, Brazil, is the blueprint for sustainability in the 21 st century.
Agenda 21 is a commitment to sustainable development, which was agreed by many of the world’s
governments. Nations that have pledged to take part in Agenda 21 are monitored by the
International Commission on Sustainable Development, and are encouraged to promote Agenda 21
at the local and regional levels within their own countries. Agenda 21 addresses the development of
societies and economies by focusing on the conservation and preservation of our environments and
natural resources.
The Conventions, Principles and Declarations of the Earth Summit, provide guidelines to deal with
the problems of poverty, hunger, resource consumption and the deterioration of ecosystems.
Agenda 21 provides a format for this to happen, detailing an action plan for sustainable
development and establishing targets for actions that combine economic development and
environmental protection. Agenda 21:

 Is the blueprint for sustainability in the 21st century.

 Provides options for combating the deterioration of land, air and water, whilst conserving
habitats and their diversity.
 Deals with poverty, over consumption, health and education.
 Promotes roles for all. Everyone governments, business, trade unions, scientists, teachers,
indigenous people and youth have roles to play in achieving sustainable development and
should be involved in the decision making processes.
 Encourages the reduction of environmentally and socially detrimental processes, but within a
framework which allows economic success.
Presently a nations wealth is gauged by its financial standing, and the more money the better.
Agenda 21 promotes the attitude that a nations wealth should also account for the full value of its
natural resources. Agenda 21 also encourages nations to consider the costs of environmental
degradation. In addition, to reduce the risk of damage, environmental assessments should be
carried out and where degradation does occur, those responsible should bear the costs.

Agenda 21 highlights the need to eradicate poverty. One of the major problems facing poorer
nations is their lack of resources and ability to live sustainably. Developed nations have taken on
the responsibilities of assisting poorer nations to reduce their environmental impacts and achieve
sustainable development.

Agenda 21 asks governments to integrate sustainable development into their national strategies and
highlights the importance of involving non-governmental organisations (NGOs) and the public in
the process. For sustainable development to work, issues must be tackled on a local, national and
international level and nations must work towards international agreements which respect the
interests of all and protect the integrity of the global environmental and developmental system.
 RESEARCH OBJECTIVES

This study aims to provide a systematic, although not by any means fully comprehensive,
assessment of the progress and gaps in the implementation of the programmes of action included in
the 40 chapters of Agenda 21. The study is aiming to complement existing exercises of the types
mentioned above, by:

1. providing a basic but systematic coverage of issues in Agenda 21 (by opposition to a subset of
issues under each CSD cluster), including state of progress, institutional changes since 1992,
outstanding issues that were either not included in Agenda 21 or rose to major importance since
then

2. assessing the main factors having caused progress or lack of progress on the different chapters,
and suggesting alternative approaches to facilitate faster progress

3. and synthesizing the lessons from the detailed examination of the chapters of Agenda 21 and
suggesting priorities for progress across the board.
 LITERATURE REVIEW

The main literature source helpful in my research is The UN Division for Sustainable Development (DSD)
commissioned Stakeholder Forum for a Sustainable Future (SF) to undertook a review to provide an
assessment of the progress and gaps made in the implementation of the above mentioned Rio outcomes
Agenda 21.
Stakeholder Forum has a strong institutional memory that spans over two decades and has been deeply
engaged in the processes that were developed out of the UNCED in 1992 – such as the Convention on
Biological Diversity (CBD) conferences as well as the UNFCCC negotiations and other conferences
organised both by the UN and other stakeholders (CSD, NGOs, local authorities, trade unions, youth,
businesses, etc.). The terms of reference for the study includes :
• A comprehensive review of each of the Chapters of Agenda 21 and the Rio Declaration Principles
• A synthesis report that offers an overview of the successful implementation of the above
as well as areas that have been a barrier or challenge to implementations
• A table or traffic light system to ‘score’ each of the Chapters and Principles to offer a quick reference to
the status of implementations.
 EXCECUTION OF AGENDA 21 – AN OUTLINE


India contains 16 percent of the world’s population with 2 percent of the total land mass. There is,
therefore, tremendous competition for the use of land. Urban areas and human habitation occupy 6
percent of this land and, due to the growing population, this percentage will increase. Therefore a
trade-off between urban and non-urban land uses is inevitable. This severe competition for land is
also causing environmental degradation and deterioration in the quality of life. Although India is
still largely rural (74 percent of the population), the urban population (214 million in 1991) is
growing rapidly and most of the urban centres have become bloated in terms of population without
1
commensurate improvement in infrastructure and other facilities. This situation creates a
deteriorating urban environment. A massive programme to improve India’s capacity to manage the
urban environment is under way. Equally significant are the economic reforms initiated in India
since 1991, designed to provide added momentum for economic growth. Briefly the economic
reforms are aimed at
(a) liberalization of the investment regime
(b) liberalization of trade to encourage foreign investment
(c) skilful and significant liberalization of the financial sector
(d) simplification and strengthening of the tax regime. 2
Agenda 21 is a soft-law non-binding instrument, but has been a significant catalyst for the
generation and application of legally binding agreements in the environment and development
domains.1 Chapter 39 of Agenda 21 establishes sustainable development as a component of
international law – a significant breakthrough in the status of sustainable development at an
international level. International law for sustainable development aims to bridge the gaps and
provide legal guidance in the intersection between economic, social, and environmental
obligations. International law in the fields of environment, trade and investment, human rights and
development were all challenged to take wider perspectives into account in order to contribute to
meeting the needs of present and future generations. In the field of international environmental law,
an issue-specific system of multilateral environmental agreements (MEAs) had evolved
incrementally and rather ad-hoc in the decades before UNCED. An important objective of Chapter
39 was to evaluate and promote the efficacy of international environmental law through substantive

1
Central Pollution Control Board/Ministry of Environment and Forests (1994a) Report on Ganga Action Plan, New Delhi: Government of India
2
Maitra, A.K. (1986–87) ‘Report on Environmental Improvement of Saraswati Ghat at Allahbad’, Unpublished, School of Architecture and
Planning, New Delhi
and procedural adjustments. Many environmental agreements had been designed without adequate
contribution and participation by developing countries and were in need of renegotiation for greater
legitimacy. In order to accommodate developing countries, puts emphasis on the delicate balance
between developmental and environmental concerns and promotes the further development of
international law on sustainable development. International environmental law is among the fastest
growing fields of international law. The exact number of multilateral environmental agreements
(MEAs) depends on the definition and counting method, but UNEP identifies more than 500
international treaties and other agreements related to the environment, of which 323 are regional.4
Other assessments indicate that there are even more. 3 A big portion of the MEAs have been
negotiated and adopted since 1992 and place the environment in the context of a wider
development agenda. UNCED spurred a busy negotiating schedule that produced a large number of
multilateral environmental agreements, including among others the so-called Rio Conventions –
the United Nations Framework Convention on Climate Change (UNFCCC), the Convention on
Biological Diversity (CBD), and the United Nations Convention to Combat Desertification
(UNCCD). They have all been carefully negotiated to balance the interests of different parties. In
order to ensure equitable opportunities for all countries to contribute and have a say in international
law making in the field of sustainable development, Agenda 21 aimed to ensure technical and
financial assistance to developing countries in particular. Many MEAs and soft law meetings today
help provide funding to delegates from developing countries to attend negotiations. 4 This has
provided for more balanced participation, but there are still inequalities in that wealthy countries
can send big delegations and cover all negotiations while this is a challenge for developing
countries. The UNEP Division of Environmental Law and Conventions (DELC) is one agency that
provides training, capacity-building and legal assistance to developing countries and others who
need it.16 One example is that since 2004, UNEP in collaboration with the University of Eastern
Finland (UEF) has organized annual courses on Multilateral Environmental Agreements. The
twoweek high profile courses bring together past, current and future negotiators to transfer
experiences in regard to international environmental law-making and diplomacy.17 The United
Nations Institute for Training and Research (UNITAR) has an International Law Programme (ILP)
with tailor-made training for member states and distance learning on international environmental
law. Since 2007 they offer popular e-learning courses on international environmental law, now
starting twice a year and with training available in Spanish as well as English.18 In addition to
training courses, several UN agencies and NGOs have developed and distributed guides and other

3
National Capital Regional Planning Board (1989) The National Capital Region Plan, New Delhi: Government of India.
4
National Capital Regional Planning Board (1989) The National Capital Region Plan, New Delhi: Government of India.
published materials to support learning and capacity of policy makers. Once an agreement has been
put in place at the international level, developing countries and others often need support in their
national efforts to integrate the global goals into national legislation and ensure implementation
international agreements.5 It is often up to them to identify what kind of capacity they are in need
of, and support is then given based on requests. In addition to participation of member states,
Agenda 21 brought new procedural challenges to the system through the call for multiple
stakeholder participation in sustainable development. Conflict is avoided but accepted as a given
by-product when it comes to rule and law enforcement, and it was necessary for Agenda 21 to
address how to deal preventatively with disputes that will arise in the legal sustainable
development arena. Putting dispute settlement mechanisms into operation can be important for
ensuring better implementation. Mediation, conciliation, panels and other elements can be useful in
such mechanisms. The World Trade Organization (WTO) has a dispute settlement body, and it is
possible to bring issues regarding environment and trade to that body. The Committee on Trade
and Environment under WTO seeks to identify potential disputes and propose solutions.21 Some
Multilateral Environmental Agreements have existing dispute settlement and compliance
mechanisms as well. For example, the UN Framework Convention on Climate Change (UNFCCC)
has a compliance committee. Croatia was subject to investigation in 2009.22 While a variety of
MEA dispute mechanisms are in existence, and international and regional courts and tribunals as
well, there is no international dispute resolution mechanism purely for environmental or sustainable
development issues with compulsory jurisdiction and where entities other than states can have a
standing. Environmental change poses serious risk to human well-being and survival. It is crucial
for the future to find better ways to manage this and solve the crises. A focus on ecosystem services
and human well-being makes it clear that enforcement of environmental law is not at the expense
of the social and economic pillars of sustainable development, but in support of it. Whilst
implementation on a national level will remain the most important vehicle for advancing progress
towards globally agreed goals on sustainable development, institutional changes will be needed on
a global level to create a more effective, efficient and streamlined enabling environment. Greater
coherence in international environmental and sustainable development law could be achieved by
clustering of MEAs. Clustering refers to the combining, integration or merging of several
agreements to increase their efficiency and effectiveness. Clustering could be done by common
organizational bodies, by issue, by common functions, by regions, or by joint meetings of the heads
of the scientific and technical committees within a cluster.

5
Shiva, V., Jafri, A.H. and Bedi, G. (1997) Ecological Cost of Economic Globalisation: The Indian Experience, Delhi: Research Foundation for
Science, Technology and Ecology.
Some efforts to cluster MEAs already exist, such as in the Chemicals regime where the Basel,
Rotterdam and Stockholm Conventions have started a process for working more closely together
and merging some functions. Another good example is the Multilateral Environmental Agreements
Information and Knowledge Management Initiative (MEA IKM) set up by UNEP in 2009, in
which 17 Multilateral Environmental Agreements (MEAs) are participating. 6 Its webportal
InforMEA launched in 2011 allows draws information directly from the MEA websites and
databases and displays for easy overview and comparison in one single location.32 The recent
International Environmental Governance Reform Process and its Nairobi-Helsinki Outcome
identified MEA clustering as a major priority. Obligations under international environmental law
can be addressed through several international courts and tribunals that exist today, but it is argued
that this could be done better through the establishment of an International Court for the
Environment (ICE). The proposal has been discussed for some years, as way to improve
compliance with MEAs and deliver access to justice for non-state actors. An ICE would provide a
mechanism for enforcement and ensure that states adhere to international environmental
obligations in the context of sustainable development.

6
Sivaramakrishnan, K.C. ed. (1993) Managing Urban Environment in India, New Delhi: Times Research Foundation.
 CRITICAL ANALYSIS

Theorists argue that Agenda 21, a 23-year-old non-binding UN resolution that suggests ways for
governments and NGOs to promote sustainable development, is the linchpin in a plot to subjugate
humanity under an eco-totalitarian regime. One of its most outspoken critics, American Policy
Center president Tom DeWeese, has described the resolution as “a new kind of tyranny that, if not
stopped, will surely lead us to a new Dark Ages of pain and misery yet unknown to mankind”.
APC is on the political fringes, but anti-Agenda 21 sentiment is moving into the political
mainstream. Criticism of the resolution extended to the Republican party’s 2012 platform, which
stated: “We strongly reject the UN Agenda 21 as erosive of American sovereignty.”
Legislators in several states have even created anti-Agenda 21 bills, many of which could pose
serious threats to companies pursuing sustainability in those states. In Arizona, for example, a
proposed bill dictated that the state could not “adopt or implement the creed, doctrine, or principles
or any tenet” of Agenda 21, and prohibited it from “implementing programs of, expending any sum
of money for, being a member of, receiving funding from, contracting services from, or giving
financial or other forms of aid to” a host of organizations with sustainability agendas, including the
President’s Council on Sustainable Development.
Taken at face value, Arizona’s bill – which was defeated in 2012 – would have curtailed almost
any sustainability efforts in the state, restricted the activities of tens of thousands of philanthropic
organizations that promote sustainability, and potentially scared away hundreds of sustainability-
minded companies. If it had passed, it could also have cost the state millions of dollars in lost
revenue, as well as thousands of jobs. If it hadn’t been defeated, Phoenix mayor Greg Stanton
feared the bill “would send the message that Phoenix doesn’t believe in a sustainable economic
future. It could negatively impact not only Phoenix and its residents, but the entire state”.
Agenda 21 addresses issues ranging from children’s health to public transportation to women’s
empowerment, all of which could also have been severely curtailed under the sweeping wording of
Arizona’s bill. The state’s chamber of commerce was among the bill’s staunchest opponents.
Battles in the statehouse
While Arizona’s bill was especially concerning, it’s only one of several anti-Agenda 21 bills that
have come to the floor in state legislatures across the country. Almost all have failed, either dying
in committee, getting defeated on the statehouse floor or – in the case of Missouri’s 2013 bill –
getting vetoed by the governor. In Texas, a similarly sweeping anti-Agenda 21 bill submitted this
year sought to prevent any governmental entity from accepting money from or granting money to
any “nongovernmental or intergovernmental organization accredited by the United Nations to
implement a policy that originated in the Agenda 21 plan”. On the surface, it’s hard to see why
Agenda 21 is so controversial. While it urges international cooperation, it is hardly the totalitarian,
internationalist screed that critics claim. Far from promoting international governance, for example,
it calls for greater local government involvement in sustainable agricultural and urban
development.

But that hasn’t stopped anti-internationalist critics from portraying the resolution in the grimmest
possible terms. Pundit Glen Beck, for example, hoisted the paranoid banner with Agenda 21: Into
the Shadows, a 2015 novel that outlines how the feared “anti-human” scheme could unfold.
In the real world, however, Agenda 21’s critics are left groping for actual targets. In an interview
with the Guardian, Alabama state senator Gerald Dial conceded that his bill doesn’t have any real
world application – yet. “We think the long term impact is more relevant than the short term,” Dial
said. “When people become more familiar with what Agenda 21 is, more business and people who
are looking to locate somewhere will say, ‘Hey, Alabama would be a great place because we won’t
be faced with any opportunities for the federal government to come in and mandate to take over
property.’”
Meanwhile, Texas state representative Molly White said that her bill requires further development
because of the “complexities of this Agenda”.
“My staff and I will look at other bills passed around the country during the interim to prepare the
legislation and refile it for next session,” she wrote in an email. 7

7
https://www.theguardian.com/sustainable-business/2015/jun/24/agenda-21-conspiracy-theory-sustainability
 CONCLUSION

Agenda 21 also emphasized the protection of environmental resources (particularly water, forests,
bio-diversity, wetlands and mangroves), the mitigation of desertification and prevention of air
pollution. The major impact of urbanisation has been on forests, water, wetlands and bio-diversity.
A vast number of urban and rural households depend on fuelwood. Estimates now show that at the
present rate of consumption the entire forest area of India will be destroyed by the year 2020 as
additional urban areas demand timber for construction, furniture, etc. The future of the forests is
therefore bleak. The most significant move, apart from massive programmes of afforestation, has
been the ban on forest felling, the reduction of timber for construction and furniture and
replacement of fuelwood by substitutes such as bio-gas, social forestry, solar cookers, etc. The
impact of these measures cannot yet be assessed. Water supply in urban areas is in serious crisis,
despite the fact that the majority of the population does not receive satisfactory supply, and a
significant proportion has no access at all to domestic water supply. Most Indian cities depend on
groundwater for supply. The groundwater table has been going down rapidly, and in some cities
alarmingly, such as Ahmedabad, Jodhpur, etc. In Delhi, available groundwater is brackish due to
overexploitation. In suburban areas around Calcutta, groundwater contains unacceptable levels of
arsenic. Providing potable water to the entire population is not only on Agenda 21 but also in
earlier UN resolutions. Various schemes of water harvesting, recharging of groundwater, recycling,
pricing, etc. are being experimented with, without appreciable success so far. Some initiatives have
been taken, some with international participation, for improving network management. The Indian
local agenda for the twenty-first century is thus multifaceted — some aspects deal with nationally
supported programmes, others deal with meso and micro level initiatives. No one organization,
ministry, or institute is entrusted with the entire task. The eternal price for ensuring sustainable
development is of course vigilance. This vigilance is provided by large number of NGOs and
Courts of Law, which of late have started taking serious note of environmental concerns. The
success of the Environmental Action Programme, strict enforcement of legislative measures, and a
vigilant population bodes well for the future of environment in India and may set an example for
the developing world.