Suggestion 1
Suggestion 2
Suggestion 3
Suggestion 1: General mandate for the adoption of a compliance mechanism
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.”
References/Examples:
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
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.
References/Examples:
Minamata Convention Art 15 (Implementation and Compliance Committee)
Suggestion 3: Details on Compliance Committee
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
See Other Bodies
References/Examples:
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)