Transcript Policy, Legal Implication... (Osun State UN`s Deve Prog

POLICY, LEGAL IMPLICATIONS AND OPTIONS FOR A
REGIONAL GOVERNANCE APPROACH TO CLIMATE
CHANGE ADAPTATION AND ENVIRONMENTAL
CONSERVATION FOR SOUTHWEST NIGERIA
By
Professor Olanrewaju .A. Fagbohun, Ph.D
Nigerian Institute of Advanced Legal Studies
University of Lagos Campus
Akoka, Lagos
and
Director, Environmental Law Research Institute
Presentation made at the High Level Regional Meeting with the theme:
Developing Regional Framework for Addressing Climate Change, Environmental
Conservation and Sustainable Development
Organized by the State of Osun, the Federal Ministry of Environment, the United Nations’ Development
Programme and HEDA Resource Centre under the Africa Adaptation Programme
On
24th – 26th September, 2012
E-mail: [email protected]
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Thesis of Presentation
 Climate change is one of the defining and most challenging
global issues of the twenty-first century. It is one of the key
determinants of humankind’s well-being and prosperity;
 Climate change may impact regional stability, causing tensions
and conflict between states competing for diminishing natural
resources;
 Climate change governance requires a coordinated approach at
various levels:
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Successful regional and local implementation of national
climate policy goals will require systematic efforts to align
incentives across sectoral and cross-sectoral policy areas;
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Necessary initiatives must be aligned and not decoupled
from national policy frameworks.
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Core Characteristics of Climate Change

Climate change considerations is not alligned to administrative/national
boundaries. Its trans-boundary nature therefore underscored the necessity for
regional cooperation in addressing the issues arising ;
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The result of diversity of stakeholders (government, private and civil societal
stakeholders) is multiplicity of different perspectives and interests:
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No one adequate form of governance;
Not just one ideological programme or one ideal policy;
Variety of approaches and solutions needed can constrain the option for
action, impede consensus and lead to suboptimal outcomes of
negotiations.
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Long-term nature of impacts requires intergenerational thinking and policies;
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Uncertainties concerning the sensitivity of the climate system, regional climate
impacts and the consequences for socio-economic and ecosystems underscores
the need for sufficiently flexible process-oriented approach.
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Potential Drivers
 Political context (political will/consistency);
 Legal context (mandate for action/mainstreaming);
 Governance and management context;
 Awareness and information (education);
 Equity (Fair access to resources and decision making);
 Social and cultural context (Legitimacy/Openness to innovation);
 Economic context (access to economic resources/financial incentives);
 Technological context (access to new technology/existing infrastructure).
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Understanding Governance
 In the narrower sense, it is the antonym of government and
signifies ‘softer’ forms of regulations not characterized by
hierarchical government decisions (inclusion of private
stakeholders in problem resolution process);
 In the wider sense, it is a generic term for all co-existing forms of
collective regulation of societal circumstances (public and private
stakeholders and including sovereign action by government
stakeholders);
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Formal instruments, such as planning tools, land use and
development plans;
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Informal or ‘soft’ instruments, such as regional meetings
(information, participation, cooperation).
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Institutional Models Guiding Policy and Legal Options
 Nationally led or top-down enabling frameworks
(influence moving from national to local action);
 Locally led or bottom-up action (learning and
experience acquired through autonomously
initiated successful local programmes informing
and steering policy and law making at higher levels
of government);
 Hybrid models (showing features of both).
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The Concept of Multi-Level Governance
 The concept depicts the fact that in an institutionally differentiated
political system, different levels are interdependent and their
decisions need to be interfaced and coordinated regardless of the
constitutional form;
 Multi-level governance has at least two different dimensions of
action and influence:
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Vertical dimension, which recognizes that national
governments cannot effectively implement national climate
strategies without working closely with regional and local
governments as agents of change and vice versa;
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Horizontal dimension, recognizes international association of
local authorities (C-40 Large Cities Climate Leadership Group,
U.S Mayors Climate Protection Agreement) and the different
forms of coordination among local jurisdictions of the same
urban metropolitan/rural areas.
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The Approach of Regional Governance
 Focus is on how development processes at a regional level can be
realized in an increasingly fragmented world;
 The role of local and regional contexts in the successful development of
mitigation and adaptation strategies is regarded as highly important:
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Geographical, Political, Economic, and Social conditions;
 Offers complementary level for the implementation of adaptation
strategies:
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A sense of higher legitimacy and effectiveness in the decision
making process;
Quality of polices and implementation is improved;
Enlarged resources and capacity;
Regions can develop strategies that can link policies and
programmes that would otherwise operate in isolation.
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The Four Governance Models
 Self-governing: the municipality as consumer can for
instance promote energy efficiency;
 Governing through enabling: the municipality as a
facilitator can facilitate coordination with private and
community actors;
 Governing by provision: the municipality as provider can
modify public consumption and waste disposal patterns;
 Governing by authority: the municipality as regulator can
enact appropriate regulations to curb emissions;
Regional approach can coordinate/harmonize the approach of
relevant municipalities.
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Stages in the Policy Process
(i)
Agenda setting, meeting long-term health or social and
environmental effects; liveability of cities; economic motivation
through promotion of energy independence and security; creation
of green jobs;
(ii)
Policy formulation, expert body composed of stakeholders meet
and discuss goals, potential areas of actions, priorities,
implementation strategies and monitoring mechanisms;
(iii) Implementation, this relates to the governance models;
(iv) Policy evaluation, through emission inventory and standard
reporting protocols to assess whether policies are achieving their
goals;
(v)
Dissemination, to national and sub-national governments.
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Policy Success and Potential for Replication
 Relevance of policy to the region;
 How many jurisdictions have already implemented such
policies;
 How quickly the policies have been adopted since their
first introduction;
 How easily the private sector have been convinced that
the policies are not harmful to their businesses; and
 How the policies have contributed co-benefits that
made them even more acceptable.
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Enabling Conditions
 More
policy coherence, streamlining and simplified
procedures that enhance cost efficiency and effectiveness;
 More efficient monitoring systems;
 Stronger long-term commitment on the part of political
leaders and governments;
 Stronger enforcement;
 Stronger private-sector involvement; and
 A more active civil society engaged through awareness
raising and strong multi-stakeholder agreements.
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Priority Themes – Sectors
 Transportation, energy, housing, waste management, forestry, agriculture,
meterology, education, culture, marine protected areas, biodiversity
conservation;
 A regional survey must be undertaken to identify potential priority areas;
 Priority areas can be dealt with through sector-specific working groups to
first engage in a ‘shared diagnosis” of climate change and adaptation
issues, to support subsequent policy formulation;
 Must involve active participation of all stakeholders, not limited to NGOs,
industry , academia, government, labour;
 Prioritization of actions depends on time horizons, i.e. strategies must by
matched to the time period targeted in the action plan. Emphasis should
be on policies that are feasible and financially sound.
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Focus Areas for Priority Actions (Agenda)
 Encourage a common policy on climate change issues (engage in joint
efforts and common positions);
 Encourage efforts on developing a South-West Climate Change Initiative;
 Promote and facilitate the exchange of information/knowledge on
scientific research and development, deployment and transfer of
technology and best practice on adaptation and mitigation measures;
 Encourage the international community to participate in and contribute to
South West’s efforts in such areas as afforestation and reforestation, as
well as to reduce deforestation and forest degradation;
 Develop regional strategies to enhance capacity for adaptation, and
promote public awareness to address effects of Climate Change.
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Focus Areas for Priority Actions (Agenda)…
 Develop a regional observation system to monitor the impact of
climate change on vulnerable ecosystems in South West member
states;
 Conduct policy, scientific and related studies to identify appropriate
policy responses and instruments based on best practice;
 Encourage the participation of all stakeholders in addressing the
impacts of climate change;
 Promote public awareness and encourage the participation of all
stakeholders in efforts at addressing climate change issues;
 Promote strategies to ensure that climate change initiatives lead to
an economically vibrant and environment friendly South – West
community.
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Challenges Associated with Regional Governance
 Evolving an appropriate governing (institutional)
structure to co-ordinate, monitor and control the
actions of different sub-national authorities;
 Lack of support from central government;
 Many sub-national climate strategies are not well
integrated into the existing planning tools;
 Policy planning at regional level and implementation at
sub-national and local levels;
 If technical expertise and capacity is lacking;
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Challenges Associated with Regional…
 Lack of data/data integrity at sub-national and
local levels;
 Lack of consistency in methodologies;
 Politically driven climate plans and local term
elections;
 Variation in characteristics of members –
population, area, level of internal cohesiveness
regarding shared history, culture, language,
economic capacity and other intangibles.
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Case Studies
 Eindhoven:
Communities in and around the industrial region of
Eindhoven, the Netherlands came together to build
upon their regional strengths in technological research
and development in an effort to meet three interlinked
goals: a cleaner environment, preserving jobs, and
building a technology for the future.
The
Samenwerkingsverband Region of Eindhoven was at
the centre of the development of the low-emission
public transport vehicle, the Philias – an advanced
guided bus that is controlled by a magnetic system
built into the road – and that connects various
communities within and around Eindhoven to major
regional facilities, including the airport.
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Case Studies…
 San Francisco:
The San Francisco Metropolitan Transport
Commission offers an equally powerful example of
action at larger regional action to enact the
infrastructural
and
technological
changes
necessary to “green” transportation structures,
improve connections within and between urban
areas, and limit emissions from transport through
the introduction of low emission and alternative
fuel vehicles.
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Conclusion
When natural areas are shared, a collective response
will mutually reinforce and have benefits across
sectors, address drivers, enhance accountability and
encourage multi-stakeholders participation. It will
also enhance the effect that policy makers have on
achieving sustainable development objectives.
Regional cooperation will support learning, improve
sustainability encourage ecosystem approaches,
improve equity, enhance skills sharing and reduce
conflict.
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