LegalizeDecreto n.º 41/95
TEXTO :
Decreto n.º 41/95
de 14 de Dezembro
Nos termos da alínea c) do n.º 1 do artigo 200.º da Constituição, o Governo decreta o seguinte:
Artigo único. É aprovada, para ratificação, a Convenção Internacional de Combate à Desertificação nos Países Afectados pela Seca Grave e ou Desertificação, particularmente em África, e respectivos quatro anexos, feita em Paris a 17 de Junho de 1994, cujo texto original em inglês e respectiva tradução para português seguem em anexo ao presente decreto.
Visto e aprovado em Conselho de Ministros de 31 de Agosto de 1995. - Aníbal António Cavaco Silva - José Manuel Durão Barroso - António Duarte Silva - Maria Teresa Pinto Basto Gouveia.
Promulgado em 5 de Outubro de 1995.
Publique-se.
O Presidente da República, MÁRIO SOARES.
Referendado em 10 de Outubro de 1995.
O Primeiro-Ministro, Aníbal António Cavaco Silva.
UNITED NATIONS CONVENTION TO COMBAT DESERTIFICATION IN THOSE COUNTRIES EXPERIENCING SERIOUS DROUGHT AND OR DESERTIFICATION, PARTICULARLY IN AFRICA.
The Parties to this Convention:
Affirming that human beings in affected or threatened areas are at the centre of concerns to combat desertification and mitigate the effects of drought;
Reflecting the urgent concern of the international community, including States and international organizations, about the adverse impacts of desertification and drought;
Aware that arid, semiarid and dry sub-humid areas together account for a significant proportion of the Earth's land area and are the habitat and source of livelihood for a large segment of its population;
Acknowledging that desertification and drought are problems of global dimension in that they affect all regions of the world and that joint action of the international community is needed to combat desertification and/or mitigate the effects of drought;
Noting the high concentration of developing countries, notably the least developed countries, among those experiencing serious drought and or desertification, and the particularly tragic consequences of these phenomena in Africa;
Noting also that desertification is caused by complex interactions among physical, biological, political, social, cultural and economic factors;
Considering the impact of trade and relevant aspects of international economic relations on the ability of affected countries to combat desertification adequately;
Conscious that sustainable economic growth, social development and poverty eradication are priorities of affected developping countries, particularly in Africa, and are essential to meeting sustainability objectives;
Mindful that desertification and drought affect sustainable development throught their interrelationships with important social problems such as poverty, poor health and nutrition, lack of food security, and those arising from migration, displacement of persons and demograpich dynamics;
Appreciating the significance of the past efforts and experience of States and international organizations in combating desertification and mitigating the effects of drought, particularly in implementing the Plan of Action to Combat Desertification which was adopted at the United Nations Conference on Desertification in 1977;
Realizing that, despite efforts in the past, progress in combating desertification and mitigating the effects of drought has not met expectations and that a new and more effective approach is needed at all levels within the framework of sustainable development;
Recognizing the validity and relevance of decisions adopted at the United Nations Conference on Environment and Development, particularly of Agenda 21 and its chapter 12, which provide a basis for combating desertification;
Reaffirming in this light the commitments of developed countries as contained in paragraph is of chapter 33 of Agenda 21;
Recalling General Assembly Resolutions 47/188, particularly the priority in it prescribed for Africa, and all other relevant United Nations resolutions, decisions and programmes on desertification and drought, as well as relevant declarations by African countries and those from other regions;
Reaffirming the Rio Declaration on Environment and Development which states, in its principle 2, that States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental and developmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction;
Recognizing that national Governments play a critical role in combating desertification and mitigating the effects of drought and that progress in that respect depends on local implementation of action programmes in affected areas;
Recognizing also the importance and necessity of international cooperation and partnership in combating desertification and mitigating the effects of drought;
Recognizing further the importance of the provision to affected developing countries, particularly in Africa, of effective means, inter alia substantial financial resources, including new and additional funding, and access to technoloy, without which it will be difficult for them to implement fully their commitments under this Convention;
Expressing concern over the impact of desertification and drought on affected countries in Central Asia and the Transcaucasus;
Stressing the important role played by women in regions affected by desertification and or drought, particularly in rural areas of developing countries, and the importance of ensuring the full participation of both men and women at all levels in programmes to combat desertification and mitigate the effects of drought;
Emphasizing the special role of non-governmental organizations and other major groups in programmes to combat desertification and mitigate the effects of drought;
Bearing in mind the relationship between desertification and other environmental problems of global dimension facing the international and national communities;
Bearing also in mind the contribution that combating desertification can make to achieving the objectives of the United Nations Framework Convention on Climate Change, the Convention on Biological Diversity and other related environmental conventions;
Believing that strategies to combat desertification and mitigate the effects of drought will be most effective if they are base on sound systematic observation and rigorous scientific knowledge and if they are continuously re-evaluated;
Recognizing the urgent need to improve the effectiveness and coordination of international cooperation to facilitate the implementation of national plans and priorities;
Determined to take appropriate action in combating desertification and mitigating the effects of drought for the benefit of present and future generations;
have agreed as follows:
PART I
Introduction
Article 1
Use of terms
For the purposes of this Convention:
«Desertification» means land degradation in arid, semi-arid and dry sub-humid areas resulting from various factors, including climatic variations and human activities;
«Combating desertification» includes activities which are part of the integrated development of land in arid, semiarid and dry sub-humid areas for sustainable development which are aimed at:
Prevention and or reduction of land degradation;
ii) Rehabilitation of partly degraded land; and
iii) Reclamation of desertified land;
«Drought» means the naturally occurring phenomenon that exists when precipitation has been significantly below normal recorded levels, causing serious hydrological imbalances that adversely affect land resource production systems;
«Mitigating the effects of drought» means activities related to the prediction of drought and intended to reduce the vulnerability of society and natural systems to drought as it relates to combating desertification;
«Land» means the terrestrial bio-productive system that comprises soil, vegetation, other biota, and the ecological and hydrological processes that operate within the system;
«Land degradation» means reduction or loss, in arid, semiarid and dry sub-humid areas, of the biological or economic productivity and complexity of rainfed cropland, irrigated cropland, or range, pasture, forest and woodlands resulting from land uses or from a process or combination of processes, including processes arising from human activities and habitation patterns, such as:
Soil erosion caused by wind and or water;
ii) Deterioration of the physical, chemical and biological or economic properties of soil; and
iii) Long-term loss of natural vegetation;
«Arid, semiarid and dry sub-humid areas» means areas, other than polar and sub-polar regions, in which the ratio of annual precipitation to potential evapotranspiration falls within the range from 0.05 to 0.65;
«Affected areas» means arid, semi-arid and or dry sub-humid areas affected or threatened by desertification;
«Affected countries» means countries whose lands include, in wole or in part, affected areas;
«Regional eonomic integration organization» means an organization constituted by sovereign States of a given region which has competence in respect of matters governed by this Convention and has been duly authorized, in accordance with its internal procedures, to sign, ratify, accept, approve or accede to this Convention;
k)«Developed country Parties» means developed country Parties and regional economic integration organizations constituted by developed countries.
Article 2
Objective
1 - The objective of this Convention is to combat desertification and mitigate the effects of drought in countries experiencing serious drought and or desertification, particularly in Africa, through effective action at all levels, supported by international cooperation and partnership arrangements, in the framework of an integrated approach which is consistent with Agenda 21, with a view to contributing to the achievement of sustainable development in affected areas.
2 - Achieving this objective will involve long-term integrated strategies that focus simultaneously, in affected areas, on improved productivity of land, and the rehabilitation, conservation and sustainable management of land and water resources, leading to improved living conditions, in particular at the community level.
Article 3
Principles
In order to achieve the objective of this Convention and to implement its provisions, the Parties shall be guided, inter alia, by the following:
The Parties should ensure that decisions on the design and implementation of programmes to combat desertification and or mitigate the effects of drought are taken with the participation of populations and local communities and that an enabling environment is created at higher levels to facilitate action at national and local levels;
The Parties should, in a spirit of international solidarity and partnership, improve cooperation and coordination at subregional, regional and international levels, and better focus financial, human, organizational and technical resources where they are needed;
The Parties should develop, in a spirit of partnership, cooperation among all levels of government, communities, non-governamental organizations and landholders to establisch a better understanding of the nature and value of land and scarce water resources in affected areas and to work towards their sustainable use; and
The Parties should take into full consideration the special needs and circumstances of affected developing country Parties, particularly the least developed among them.
PART II
General provisions
Article 4
General obligations
1 - The Parties shall implement their obligations under this Convention, individually or jointly, either through existing or prospective bilateral and multilateral arrangements or a combination thereof, as appropriate, emphasizing the need to coordinate efforts and develop a coherent long-term strategy at all levels.
2 - In pursuing the objective of this Convention, the Parties shall:
Adopt an integrated approach addressing the physical, biological and socio-economic aspects of the processes of desertification and drought;
Give due attention, within the relevant international and regional bodies, to the situation of affected developing country Parties with regard to international trade, marketing arrangements and debt with a view to establishing an enabling international economic environment conducive to the promotion of sustainable development;
Integrate strategies for poverty eradication into efforts to combat desertification and mitigate the effects of drought;
Promote cooperation among affected country Parties in the fields of environmental protection and the conservation of land and water resources, as they relate to desertification and drought;
Strengthen subregional, regional and international cooperation;
Cooperate within relevant intergovernmental organizations;
Determine institutional mechanisms, if appropriate, keeping in mind the need to avoid duplication; and;
Promote the use of existing bilateral and multilateral financial mechanisms and arrangements that mobilize and channel substantial financial resources to affected developing country Parties in combating desertification and mitigating the effects of drought.
3 - Affected developing country Parties are eligible for assistance in the implementation of the Convention.
Article 5
Obligations of affected country Parties
In addition to their obligations pursuant to article 4, affected country Parties undertake to:
Give due priority to combating desertification and mitigating the effects of drought, and allocate adequate resources in accordance with their circumstances and capabilities;
Establish strategies and priorities, within the framework of sustainable development plans and or policies, to combat desertification and mitigate the effects of drought;
Adress the underlying causes of desertification and pay special attention to the socio-economic factors contributing to desertification processes;
Promote awareness and facilitate the participation of local populations, particularly women and youth, with the support of non-governmental organizations, in efforts to combat desertification and mitigate the effects of drought; and
Provide an enabling environment by strengthening, as appropriate, relevant existing legislation and, where they do not exist, enacting new laws and establishing long-term policies and action programmes.
Article 6
Obligations of developed country Parties
In addition to their general obligations pursuant to article 4, developed country Parties undertake to:
Actively support, as agreed, individually or jointly, the efforts of affected developing country Parties, particularly those in Africa, and the least developed countries, to combat desertification and mitigate the effects of drought;
Provide substantial financial resources and other forms of support to assist affected developing country Parties, particularly those in Africa, effectively to develop and implement their own long-term plans and strategies to combat desertification and mitigate the effects of drought;
Promote the mobilization of new and additional funding pursuant to article 20, paragraph 2 (b);
Encourage the mobilization of funding from the private sector and other non-governmental sources; and
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