“Implementation of Multilateral Environmental Agreements:

Brunei Darussalam’s Experience”

Presentation by

Pg. Shamhary bin Pg. D.P. Hj. Mustapha

Consultative Workshop on the Stockholm Convention on

Persistent Organic Pollutants (POPs)

22 January 2002, Bandar Seri Begawan, Brunei Darussalam

This presentation serves to provide an overview on the institutional setup for environmental management in Brunei Darussalam. From that overview I will then attempt to relate it to the process involved with regard to becoming a party to multilateral environmental agreements and subsequently complying with the obligations of such agreements such as the Stockholm Convention on Persistent Organic Pollutants, in the Brunei context. For this purpose I will draw from experience in implementing the obligations of the Montreal Protocol on Substances that Deplete the Ozone Layer, which Brunei Darussalam became a party to in 1993.

It is hoped that my presentation will be able to provide all of you a better understanding and appreciation of the requirements for effective and successful implementation of Multilateral Environmental Agreements in the Brunei context. I will begin with an introduction of the institutional setup for environmental management or in other words environmental governance in Brunei Darussalam.

Responsibility and jurisdiction for environmental matters by the government, including enforcement of environment related laws, are shared among different ministries and departments.

For example, solid waste management is being handled by the Municipal Boards, Public Works Department and District Offices. Protection of wildlife and forest reserves fall under the jurisdiction of the Museums Department and Department of Forestry. Land use matters are being handled by the Lands Department as well as Town and Country Planning Department.

However, more often environmental issues are cross-cutting thereby requiring the participation, commitment and action of a variety of agencies. Take for example the issue of land-based sources of sea pollution. It would involve nearly every authority that has anything to do with land based activities from housing, industry to agriculture as well as involvement of agencies dealing with management of our waterways. The same cross-cutting, multi-disciplinary and inter-agency cooperation approach will also be required when dealing with persistent organic pollutants.

With many agencies having jurisdiction over environment related matters it does have its advantages and disadvantages. Among the advantages is that if everybody does their part a multidisciplinary and integrated approach of problem solving is readily attainable. The other, is that a pool of expertise could easily be drawn from various fields and experiences. The disadvantages among others is that some only perceive their role in environmental management as incidental rather than part of their organisations duty, hence making it not a priority or even for some to claim it not their responsibility. The other, is a breakage of the command chain where decisions made or directives sometimes do not carry through because the various parties involved come from different departments or ministries that not necessarily answerable to the other.

It was therefore, as an effort towards better management of the environment that an inter-agency National Committee on Environment chaired by the Minister of Development was established in 1993 with its own Secretariat the Environment Unit.

The National Committee on Environment among others has the responsibility to look into environmental issues as well as review environment related legislation and advice on necessary environmental plans and guidelines. The Committee also promotes the coordination of environmental policy formulation and oversees the implementation of national environmental activities, legislation and policies pertaining to the environment. These also include matters pertaining to internationally related matters on environment.

The Environment Unit, on the other hand, among many others is also involved in policy development and guidance, responsible for regional and international environmental relations as well as to promote environmental awareness in the country.

A major undertaking that is currently in progress is the drafting of a national environmental legislation and corresponding proposal for the establishment of a statutory agency for enforcing the law.

Moving on to Multilateral Environmental Agreements, there are over two hundred environmental agreements at the international and regional levels. Undoubtedly, some or many are no longer relevant as they are superceded by newer agreements or may not be relevant to Brunei.

The following lists the known environmental related agreements that Brunei Darussalam is party to:

§ Plant Protection Agreement for the South East Asia and Pacific Region (1956)*

§ Amendment to the Plant Protection Agreement for South East Asia and Pacific Region (1967)*

§ Ramsar Convention on Wetlands of International Importance especially as Waterfowl Habitat (1976)*

§ International Convention for Prevention of Pollution from Ships (MARPOL)

§ Convention on International Trade of Endangered Species (CITES)

§ ASEAN Agreement on Nature Convention

§ Vienna Convention on Protection of the Ozone Layer

§ Montreal Protocol on Substances that Deplete the Ozone Layer

* Extended to Brunei Darussalam by United Kingdom before 1984. Status yet to be resolved.

The following on the other hand lists the more ‘recent’ Multilateral Environmental Agreements that Brunei is following their development, but has not signed nor ratified:

§ London Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer

§ Copenhagen Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer

§ Montreal Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer

§ Beijing Amendment the Montreal Protocol on Substances that Deplete the Ozone Layer

§ Convention on Biological Diversity

§ United Nations Convention to Combat Desertification

§ Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and Their Disposal

§ United Nations Framework Convention on Climate Change (UNFCC)

§ Kyoto Protocol of the UNFCC

§ Cartagena Convention on Bio-safety

§ Rotterdam Convention on Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade

§ Stockholm Convention on Persistent Organic Pollutants

Brunei has been urged by the international community to ratify these conventions. What are the purposes of these conventions? Firstly, Regional and international cooperation on environmental issues has emerged as an important instrument for environmental enhancement efforts. These are important not only for sharing of information, but also of experience and expertise, particularly for Brunei Darussalam, where the scientific and technological base has not been fully established. It also serves as a window for exhibiting its commitment for environmental protection and sustainable development with a view to creating a positive image of the country.

Another aspect is that through conventions and treaties whose principle objective is for protecting human health and environment, Brunei’s national interest could also be served. For example, the Stockholm Convention has the objective of controlling production, use and release of persistent organic pollutants. As persistent organic pollutants can contaminate food, such as dairy products, it would make sense that we support initiatives that would directly or indirectly also make the food that we import for consumption in the country safer.

As environmental conventions and treaties also serve as international policies on environmental matters, some organisations also use it as extra justification to influence policy changes in their own country. This is because national initiatives, even though warranted, are sometimes not given enough notice to influence change or introduction of new policies on environment matters.

So if multilateral environmental agreements are good, why is Brunei not party to a majority of them? Apart from the issue of relevance, there are many other influencing factors. Inadequate understanding about the issues relating to the convention and treaty is one such contributing factor. This can be brought about by the complexity of the issue itself and the lack or no experience in dealing with issues. In most cases it is the inability to follow the development of the treaty closely especially through participation in the negotiations that limit comprehension of them.

For the case of the Montreal Protocol, we knew enough then prior to accession that if Brunei did not become a party to it Brunei would not be able to import CFCs party countries. It might have been good for the environment that CFCs are not used here, but it would have been detrimental to users and consumers in relation to its financial and technical implications as well as to the government in relation to the social and political implications. Therefore, environmental reasoning is not the only deciding factor. Increasingly multilateral environmental agreements also have trade and economic development implications. Understandably there are sometimes suspicions that multilateral environmental agreements are sometimes being used as disguised trade agreements.

Furthermore, the complexity of the system of implementing multilateral environmental agreements at the national level including the process of ratification and designating relevant focal points, implementing agencies, coordinating mechanism and activities to fulfill multilateral obligations is a daunting task. As a result the concerned agencies tend to be extra cautious before committing their support.

The decision of weather we ought to be a party or not, is always followed by questions of what benefit do we get from becoming a party? More often emphasis is given to benefits such as technical and financial assistance. Unfortunately, less it seems is given to the gradual overall improvement of environment quality brought about by improved environmental management policies that a convention or treaty calls for.

It should be remembered that ratification to international conventions and treaties bind the country not just a particular department or ministry. Therefore, commitment towards ratification of multilateral environmental agreements should ideally be matched with the necessary resources and support to follow through its implementation. More often than not, the implementation of multilateral environmental agreements also require inter-agency cooperation and commitment. Cooperation and support also need to go beyond having consultative sessions but also implementing action on their part. Compliance of obligations range from meeting reporting requirements, awareness raising to establishment of procedures and legislation.

For the Montreal Protocol the following are examples of some of the measures that have been implemented to meet our obligations under the treaty. Administratively, measures have been taken to control consumption of controlled substances. For instance, cooperation is provided by the Department of Electrical Services by not approving new installation of CFC dependent air condition equipment and similarly by the fire Services Department in not approving new installation of halon dependent fire protection systems for new developments.

Further cooperation would be required from other parties to ensure Brunei’s continuos compliance with the Montreal Protocol. Among these include, not approving new registration of cars that have CFC dependent air-conditioning equipment as well as border control on the import of these controlled substances. For the latter discussions are now on going with the Royal Customs and Excise Department on the possible introduction of an import and export application permit system for controlled substances.

Apart from control measures, activities to raise public awareness on the impact and on the availability of alternative substances is also being promoted. In this aspect cooperation is not just among government agencies but also with the business community.

Other incidental benefits that can be derived from being party to multilateral environmental agreements are the nurturing of national experts, opportunity for national expert to be involved in international work and possible employment opportunities either locally or internationally as consultants or at the secretariat.

In the case of the Montreal Protocol, Brunei has up to today received a total of USD one hundred and twenty thousand for the formulation of a Country Programme (action plan) and Institutional Strengthening Project (engagement of Project Officer).

Depending on the nature of the convention or treaty a country would be required to implement the various activities mention to ensure compliance. Non-compliance could lead a country being censured or having financial implications. In the case of the Montreal Protocol non compliance with the CFC consumption regime for developing countries would require Brunei to make annual contributions of USD thirty thousand.

In concluding, I wish to stress the point that ratification to multilateral environmental agreements bind the country. More often than not, implementation of multilateral environmental agreements require inter-agency cooperation to ensure the country meets her obligations under the convention or treaty. It is for this fact that consultative sessions and possibly inter-agency working committees are required for effective implementation. Successful implementation also demand changes and more importantly action that will inevitably bring benefit to the country in terms of better environmental management and subsequent improvement to environmental quality.

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