The Republic Federal Constitution, from 1989, states that “All have the right to an ecologically balanced environment, which is an asset of common use and essential to a healthy quality of life, and both the Government and the community shall have the duty to defend and preserve it for present and future generations.” There is a whole chapter in the Constitution dedicated to the environment (Chapter VI, article 225), establishing the basis of Brazilian environmental legislation. The Constitution establishes further indigenous rights and declares the Brazilian Amazon Forest, Atlantic Forest, Pantanal and Costal Zone biomes as “national patrimony”.
The Brazilian environmental legislation improved a lot in the years before UNCED (1992) and counts with an extensive legal and political framework.
The National Environment Policy was established in 1981 by the approval of a law that defines its finalities, formulation and application mechanisms. The leading principles enclosed in the Policy are “preservation, improvement and recuperation of environmental quality for life, aiming to assure, in the country, conditions to socioeconomic development, to national security interests and protection to human life dignity”.9 The quoted law was modified and regulated by other legal instruments in the following years (1989, 1990 and 2002). The last regulation established criteria for the Brazilian Economic Ecological Zoning (ZEE). The National Environment Policy established the SISNAMA and created the CONAMA. This law foresaw the necessity of assessing environmental impact, which was regulated by a resolution in the same year. Since then, Brazil advanced notably in the environmental impact and licensing areas.
In 1985, the law of “diffused rights” was approved, focusing environmental damages. The law gave opportunity for the Government, associations and the Public Ministry to evoke the civil responsibility if the environment was damaged. There is another recent law, the Law on Environmental Crimes, from 1998, which, by being more specific for environmental area, establishes severe punishment for the mentioned criminal acts.
About environmental conservation, the relevant legislation is composed by many codes, laws, decrees and regulations, approved through the years, taking place of the past legislation. Until 2002, the many conservation unit categories, such as the Permanent Preservation Areas, the State and National Parks, Biological Reserves, Ecological Stations and National Forests, were defined by different legal instruments. After a long time, since the creation of the draft law, the National Conservation Units System Law was approved in 2000, being regulated by decree in 2002.
In 1997, CONAMA approved, by its resolution 238, the Patterns for National Control of Desertification Policy, a result from the implementation efforts of the National Combat of Desertification Plan (PNCD). The resolution text defines the desertification problem in Brazil, and establishes all components for the National Strategy on Combat of Desertification. All these components contain strong development capacity elements for environmental management.
About water resources, the Water Resources National Management System (SNGRH) was established in 1997 through the Water Resources National Policy Law (also know as Water Law). The Law created the Water Resources National Council (CNHR) that was regulated in the following year. The Water Law defines water as a “public domain asset” and a “limited natural resource, with economic value”. Another important concept established by the Water Law is ‘hydrographic basin’ as territorial unit established for the participative implementation of the Water Resources National Policy. The main decisions on use of rivers in the whole country passed to be taken by the Basin Committees, as they were created. The process of establishing these Committees is under implementation. Belongs to ANA the role of giving technical support for the creation of these Committees.
A provisional Decree on biotechnology was approved in 2001. This provisional decree is about the access to genetic resources, protection to associated traditional knowledge, benefits sharing, as well as access to relevant technology and its transfer. A decree created in the same year, the Genetic Patrimony Management Council under MMA.
There are specific legal frameworks that deal with policy regulation and definition for the industrial, energetic, mineral, fish, agricultural and forest sectors, as well as other matters that have bigger or smaller relevance to the interface between national and global environmental management. They will not be, however, detailed in the present document, but might be object for evaluation during the NCSA implementation.
Finally, the National Biodiversity Policy formulation is a process in course, although it has already resulted in a decree in 2002, instituting its principles and procedures. The National Biodiversity Policy formulation process started in 2001 and had important technical inputs, such as biomes evaluations and a large public consultation process coordinated by MMA. Various actors were involved, including states, universities, and representatives from the productive sector, among others. The Principles and Procedures Decree on the National Biodiversity Policy foresees a support stage for the creation and implementation of sectoral action plans, besides the support for the creation of State Biodiversity Policies.
Previous NCSA Related Activities
Biodiversity
Until 2002, the institutional responsibility for the CBD implementation was role for the former General Biological Diversity Coordination (COBIO), being passed to the present Secretariat for Biodiversity and Forests (SBF).
As an umbrella program and main implementation instrument for the CBD in Brazil, the MMA released, in 1994, the National Biological Diversity Program (PRONABIO). The Program has as main goal the partnership promotion between the Public Power and the civil society in the biological diversity conservation for its components sustainable development and for the fair and equitable sharing of benefits. Human resources capacity, institutional improvement and public comprehension are examples of the main activities of PRONABIO, which counts with the National Treasure resources and other funds. Initially, PRONABIO focused on defining priority themes on biodiversity and establishing procedures for the program work.
A Coordination Commission was constituted in 1994 looking for the implement coordination of PRONABIO. It has its composition and regulation changed by presidential decree on May, 2003, now named National Biodiversity Commission. The referred Commission is the decisive instance for PRONABIO, and is presided by the Secretary for Biodiversity and Forests of MMA. The commission is composed by representatives from the Environment, Agriculture, Health, Budget, Agrarian Development and National Integration ministries. The court counts with representatives from IBAMA and many different class entities, NGOs, social organizations and private sector.
To implement the main foreseen activities in PRONABIO, two internal financial mechanisms were established: (1) the Project on Conservation and Sustainable Use of Brazilian Biological Diversity (PROBIO), as governmental instrument for decision taking; and (2) Brazilian Fund for Biodiversity (FUNBIO), linked to the private sector.
The PROBIO is financed through an agreement between the Brazilian Government and the International Bank for Reconstruction and Development (IBRD), with financial support from GEF and the National Treasure, totalizing US$ 20 million. The PROBIO Technical Secretariat is linked to DCBIO, while CNPq works as the project manager. The technical and administrative supports for the PRONABIO management come from UNDP. During its pilot stage (1997), seven sub-projects were selected, counting with many civil-society organizations as implementation agencies. Many calls-for-proposals and consulting letters were published since then, decentralizing and diversifying the implementation of PRONABIO. Some of the calls-for-proposal and consulting letters themes are at the intersection between biodiversity and climate change and biodiversity and desertification.
As the second financial mechanism for PRONABIO, FUNBIO was created as a civil association without profits in October, 1995, having as main objective to complement Governmental actions in the PRONABIO scope, and stimulating the private sector to be a partner for accomplishment of the program’s objectives. FUNBIO counts with financial resources amounting to US$ 20 million from GEF, and has been complemented by resources of companies and other institutions. At present, FUNBIO supports about 30 projects, in partnership with many institutions and companies.
Important results from the PROBIO and FUNBIO sub-projects implementation, as well many workshops in PRONABIO’s scope contributed in a decisive way for what will be the National Biodiversity Strategy in Brazil. It is still in elaboration, as well the Action Plan for Biodiversity Management.
In 1998, Brazil sent its First National Report to CBD. The report evaluated the Brazilian biodiversity situation, its institutional capacity to work with issues related to it, and complied the pertinent legislation and main policies, programs and projects that had contributed for the Convention implementation in the country.
Besides that, the support for the accomplishment of the main commitments assumed by Brazil on the CBD has been financed by GEF through a project with IBRD. Such commitments describe mainly about strategies, projects and plans definitions that are focused in conservation and sustainable use of biodiversity. In 1998, the process was initiated under MMA’s leadership, and has produced many important results. In the initial stage, regional and biome evaluations were developed. Approximately 1000 experts were involved into the evaluation elaboration process. About 900 areas and priority actions were identified for biodiversity conservation in the main Brazilian biomes. The results for this process certainly will work as important reference for the NCSA.
Another recent result is the establishment of a biodiversity exchange network with other countries from South America, which can result in important joint-initiatives.
The Second Report to CBD was submitted in January 2003, and follows the structure established by the Convention Secretariat. Mainly, the Second Report is an update of the first one.
Another important and recent initiative refers to the mentioned decree from May 2003, which proposed the new composition for the National Biodiversity Commission (to substitute the former PRONABIO Coordination Commission). This decree proposes a matrix structure for PRONABIO, in accordance with the National Biodiversity Policy procedures. The matrix involves seven thematic components and seven bio-geographic components. The thematic components are the same from the Policy: (i) biodiversity knowledge; (ii) biodiversity conservation; (iii) sustainable use of the biodiversity components; (iv) monitoring, evaluation, prevention and mitigation of impacts over biodiversity; (v) access to genetic resources and traditional knowledge on biodiversity, and sharing of benefits; (vi) public education and sensitiveness; and finally (vii) juridical and institutional strengthening for biodiversity management. The Brazilian biomes, organized in seven groups, represent the bio-geographic components of the matrix: (i) Amazon; (ii) Caatinga; (iii) Costal and Maritime Zone; (iv) Atlantic Forest; (v)Southern Fields; (vi) Cerrado; and (vii) Pantanal.
Besides the great number of projects from NGOs and from the private sector, the Brazilian portfolio from the GEF in the biodiversity area is very extensive. This portfolio exceeds the amount of US$ 80 million from GEF contributions, considering only the national projects.
Is mentioned other relevant programs, described in both First and Second National Biodiversity Reports. Such programs have contributed in many different ways to the effective CBD implementation in Brazil:
National Environment Program – PNMA;
Pilot Program for the Brazilian Tropical Forests Protection – PPG-7;
National Forest Program – PNA;
Amazon Protected Areas Project – ARPA;
Molecular Ecology Program for the Biodiversity Sustainable Use in Amazon – PROBEM;
National Ecotourism Program – PROECOTUR;
Ecological Economic Zoning Program – ZEE;
BIOTA São Paulo Program; and
Costal Management Program – GERCO
Besides, on SBF website, it is clearly indicated the necessity to use a transversal methodology and establish synergies with other conventions and international instruments, especially the UNFCCC, the CCD and the Ramsar Convention on Humid Areas. Brazil also ratified the Cartagena Protocol on Biosafety in November 2004, and is preparing to make it effective.
Climate Change
When Brazil signed and ratified the UNFCCC, it assumed the commitment to present periodically its National Communication, including the inventory of its anthropogenic greenhouse gases emissions not controlled by the Montreal Protocol, as well as its sinks. The institutional responsibility for the coordination of work related to the Convention in Brazil pertains to MCT, having the General Coordination on Climate Change as intermediary.
The elaboration of the First National Communication was a multidisciplinary effort, involving about 150 institutions and 700 experts from the whole country. Besides, this Communication represented a great challenge, noticing the necessity to develop a national capacity process in this area, which, in many cases, represents a complex and pioneer work.
For its scope and specificity, considering the main greenhouse gases emissions (CO2, CH4, N2O, HFC, CF4, C2F6, SF6, and others) from energy, forestry, agriculture and residual treatment sectors, the Brazilian inventory of greenhouse gases emissions not controlled by the Montreal Protocol, involved experts from many areas of various institutions, including Ministries, Federal and Regional institutions, class associations, non-governmental organizations, universities and research centers.
From the foreseen or implemented measures to implement the Convention in Brazil, were described many actions and programs that result in considerable reduction of greenhouse gases emissions. However, according to the common but differentiated responsibility principle, Brazil does not have commitments on reducing or limiting its atrophic greenhouse emissions, there are in the country a number of programs that, although not being developed focused on global warming, result in a considerable reduction in the greenhouse gases emissions. Some of these initiatives were developed to “clean” the energy matrix in Brazil and were taken aiming the external income dependence during the Oil Crisis, for instance the alcohol program, or to postpone investments in new power plants or oil refineries, as in the energetic efficiency improvement programs. Many other initiatives that are being implemented, especially in combat to deforestation, also contribute to the reduction of greenhouse gases emissions in the country.
The First National Communication on the UNFCCC was submitted during the COP-10, held in Buenos Aires, Argentina, from December 6 to 17, 1994.
The activities for the elaboration of the Second National Communication will start in 2006, and might end in 2010, with external resources from GEF (US$ 3,400,000), foreseen in the UNFCCC, article 4, paragraph 3, which affirms that the developed countries must provide new and additional financial resources to cover integrally the costs agreed for the developing countries for the accomplishment of its obligations referred in article 12.
The execution strategy is based on the partnership establishment and decentralization of the activities execution. A bigger involvement of institutions and experts in the program is aimed, both at the inventory elaboration and at the discussion on relevant themes for negotiation of commitments and implementation of the Convention and the Kyoto Protocol.
Besides coordinating and implementing the Brazilian commitments on the UNFCCC, the Coordination participates actively in international negotiations on implementation and technical and scientific aspects that are debated in workshops, in the subsidiary organs of the Convention (Subsidiary Organ for Implementation – SBI and Subsidiary Organ for Scientific and Technological Advice – SBSTA), and during the Conference of Parties, annual meeting from the parties of the Convention, counting with the Coordination active participation since 1994, when this instrument entered into force.
About the Brazilian commitments to the Convention, it is mentioned the commitment to promote and cooperate in scientific, technological, technical and socioeconomic researches, in systemically observations and in development of databanks related to the climate system, whose finality is to clarify and reduce or eliminate existing uncertainties related to causes, effects, magnitude and evolution of time in climate change and economic and social consequences from many strategies to address those.
In 1999, the establishment of a Climate Change Program at the Pluri-annual Activities Plan (PPA – Avança Brasil) for the 2000-2003 period was defined. The second stage, the 2004/2007 PPA Program started the gradual transition for a lower dependence on external resources, aiming at a wider autonomy and dynamism.
The Program objective is to support the development of scientific information related to the greenhouse gases emissions to subside the climate change policy definition.
The program execution supports partnerships that will be stimulated and amplified, with decentralized action and involvement of key-partners. The basic proposal for implementation of the program consists in the maintenance and strengthening of existing partnerships, increasing the effective capacity of these institutions in the area, and establishing new partnerships.
A list of the institutions involved in the work from the National Program on Climate Change, as well the First National Communication is as follows:
Ministries of Energy, Environment, Transports and Development, Industry and Foreign Commerce;
Federal companies and research institutes, as Petróleo Brasileiro S.A. – Petrobrás, Eletrobrás, EMBRAPA, INPE and INPA;
State companies and research institutes, as Companhia de Tecnologia de Saneamento Ambiental do Estado de São Paulo (CETESB), Centrais Elétricas de Minas Gerais (CEMIG) and Instituto de Pesquisas Tecnológicas do Estado de São Paulo (IPT);
Class associations, as Instituto Brasileiro de Siderurgia (IBS), Associação Nacional de Fabricantes de Veículos Automotores (ANFAVEA), Associação Brasileira de Alumínio (ABAL), and Associação Brasileira de Indústrias Químicas (ABIQUIM);
Private companies, as Cooperativa de Produtores de Cana, Açúcar e Álcool do Estado de São Paulo (Copersucar) and White Martins;
Non-Governmental Organizations, as Fundação José Bonifácio and Fundação de Ciência, Aplicações e Tecnologias Espaciais (Funcate); and
Universities, as Universidade Federal do Rio de Janeiro (UFRJ), Universidade Federal do Rio Grande do Sul (UFRS) and Universidade de Brasília (UnB).
In July 1999, the Inter-Ministerial Commission on Global Climate Change was created by decree. The organ is a court from MCT, having as President and Vice-President the Minister of Science and Technology and the Minister of Environment, respectively. Representatives from the MRE, MAPA, MME, MP, MDIC and the Presidency of Republic take part in the Commission. The Commission has an important role on promoting the articulation with civil society representatives and engaging experts on elaboration of activities on climate change.
Combat to Desertification
The preparations for the National Plan to Combat Desertification (PNCD) started in February 1995, through the support of a UNDP project. Aiming at the decentralization and dynamism for project execution, a decentralized participation of MMA and the NGO Fundação Grupo Esqueldo Brasil (FGEB) was chosen. The methodology used for the PNCD elaboration was based on consultations with local groups of civil society. It was a participative work in which the local demands emerged strongly, asking immediate answers from MMA. It was noticed, in the occasion, the inexistence of institutional instruments and human resources at the local level that could support the desertification actions control by the Public Power and the private initiative. Another evidence was the loss of capital of small farmers, obstructing the absorption of the adequate management and recuperation costs for degraded areas.
About the definition of action strategies for the PNCD, the first activity was the institution of a consultative group, composed by many civil society institutions, such as NGOs and unions. This group had two meetings and presented many suggestions to the PNCD.
Another aspect considered within the PNCD strategies was the proposal for decentralization of the execution of its priority actions, through incorporation at the implementation process of other Governmental and Non-Governmental Organizations that, using its capabilities, could coordinate directly some foreseen actions in the Plan.
In 2001, a Working Group (WG) on Desertification at the Technical Chamber of Project Analysis of the National Water Resources Council – CNRH was established. The objective of the WG is to guarantee the systematic supervision of the Focal Point activities, besides the necessary collaboration for the preparation of the PAN and in opening communication channels with the various actors involved in the implementation process of the Convention.
The 2000 and 2002 National Reports to the UNCCD were elaborated by SRH, and the second one was presented to the WG in the Technical Chamber.
Aiming at the development of institutions in the desertification field, it was created, in 2003, a Inter-Institutional WG on Desertification, coordinated by SRH and MMA and composed by representatives from the following ministries: Planning, Budget and Management; Science and Technology, Agriculture, Cattle Ranching and Supply; National Integration; and Agrarian Development; as well the Extraordinary Cabinet on Food Security and Combat to Hunger; four NGOs and four State Focal Points. Still in this spirit, the Parliamentary WG on Combat on Desertification met in May 2004.
Within the PAN preparation works, new strategies and actions were defined, focusing on guarantying a consistent and effective set of short, medium and long-term results. The main elements of this new strategy are: (i) coordination of control actions on desertification with combat actions to drought effects; (ii) coordination of control actions on desertification; and (iii) reorientation of actions of federal organs dealing with the implementation of the Convention through new procedures that include wider dissemination, decentralized actions and establishment of strategic partnerships.
As representation of the State Secretariats of Environment, it was created the role of State Focal Point for the CCD, reinforcing the idea of decentralized implementation for the Convention. The State Focal Points centralize the Governmental activities in the states affected by drought and desertification, including contact with program and local project executors. The State Focal Points must follow and participate into action execution from NGOs, identifying local communities’ demands, diagnosing and evaluating the State desertification situation, developing information systems, elaborating and implementing state policies. Besides, the State Focal Points participate actively in meetings at different WG for the elaboration of PAN.
Besides these, some projects that support PAN with co-related themes are under implementation. Together with the Inter-American Institute for Agriculture Cooperation (IICA), in partnership with the Inter-American Development Bank (IADB) and the Economic Commission for the Latin America and Caribbean (ECLAC), projects with desertification indexes are being developed, including institutional capacity development. The German Cooperation Agency (GTZ) supports the elaboration and implementation of PAN. Technical-Financial cooperation agreements with national partners, as the NorthEast Bank, Extraordinary Ministry of Alimentary Safety and the Development Company of São Francisco Valley are being negotiated.
About the financing of actions to combat desertification, in 2001 it was launched and call for proposals in the National Environment Fund (edital n° 8) with a amount of US$ 500 thousand, deriving from the Netherlands. The objective of the projects to be financed by these resources was to support the improvement of infrastructure for the income generation and life quality for the people. The projects had emphasis on diffusion of information, training and development of local policies, and new investments are being negotiated. Recently, a project with a amount of R$ 643.243,00 was approved by the deliberative council of FNMA, aiming to create operational conditions for the State Focal Points, to contribute to the elaboration and implementation of PAN and the State Plans on Combat to Desertification. This project is being procured, using resources deriving from the Brazilian-United Kingdom Technical Cooperation Project.
Another possibility for financing, in this case for research and development projects related to desertification, is the Sector Water Resources Fund (CT-HIDRO), linked to MCT. The CT-HIDRO defined as one of its main areas for the fomentation of hydro sustainability of semi-arid regions. Finally, the support given by the Studies and Project Financing Agency (FINEP) to the Information and Documentation Network (Redesert), deactivated in 1999 and now on reformulation, is worthy mentioning.
Many actions and activities to combat desertification and mitigation of the drought effects on the Northeastern semi-arid region were being implemented since the 1950s, especially by the Northeastern Development Superintendence (SUDDENE) and by the NorthEast Bank. The role of research institutes as Embrapa and the Federal Universities from Alagoas, Paraíba, Piauí, the Rural of Pernambuco and others might be remembered.
It is worthy highlighting the NGOs in the Northeastern semi-arid region, specially the Semi-Arid Articulation (ASA), which involves more than 1000 NGOs and which creation occurred during the Third Conference of Parties of the UNCCD, held in Recife, in 1999. The ASA coordinates the implementation of a program whose objective is to construct in the Northeastern semi-arid region a million cisterns for the residential water supply during the drought periods, and instituted a WG on desertification with NGOs, and integrates the Inter-Institutional WG on Desertification.
The Parliamentary Working Group on Combat to Desertification was created on May 14th, 2004. It is expected a better institutionalized dissemination of the combat to desertification issue in Brazil.
Finally, it is already in advanced negotiation stage, the implementation of a Committee of Science & Technology focusing on the technical-scientific support to the actions to combat desertification and mitigation of the drought effects. MCT is coordinating the formation of this committee, which shall count on the participation of researchers from universities and research institutions that work in the affected areas. As the UNCCD commends, the S&T Committee may have as purpose to contribute for the improvement of knowledge of processes that lead to desertification and drought with the development of environmentally adequate technologies, that are economically feasible and socially acceptable, aiming at contributing to the development of drought risky areas. It is believed that the integration of the objectives of the three Conventions will happen in a very intense way at this Committee, since the scientific research of the desertification process is closely related to climate phenomenon and to the preservation, conservation and management of ecosystems at the affected areas.
The initiatives on combat to desertification, by interacting between sustainability and poverty eradication, reach the main objective of the present Government which is the combat of hunger.
