1. UNEP/5 th meeting of the Nairobi Convention Johannesburg, South Africa, 5-8 November 2007. UNEP/5 th meeting of the Nairobi Convention Johannesburg, South Africa, 5-8 November 2007. Draft LBSA Protocol: Process Towards Adoption and Ratification UNEP-GEF WIO-LaB ProjectAddressing Land Based Activities in the Western Indian Ocean

2. A.Why an LBSA Protocol? 80% of all marine pollution globally comes from land based sources and activities80% of all marine pollution globally comes from land based sources and activities Socio -economic importance of coastal and marine environment, goods and servicesSocio -economic importance of coastal and marine environment, goods and services Regional approaches in the protection of marine and coastal environmentRegional approaches in the protection of marine and coastal environment Examples from other regional seas programmesExamples from other regional seas programmes Lack of specific LBSA law under the Nairobi Convention framework.Lack of specific LBSA law under the Nairobi Convention framework. Endorsement by previous COP meetingsEndorsement by previous COP meetings

3. B. Looking Backwards: the Process of Development of drafts 2005 May, Antananarivo, Madagascar: Establishment of Regional Legal and Technical Task force (Regional Task Force) under WIO- LaB Framework.2005 May, Antananarivo, Madagascar: Establishment of Regional Legal and Technical Task force (Regional Task Force) under WIO- LaB Framework. Inception meeting of the Regional Task Force, Antananarivo.Inception meeting of the Regional Task Force, Antananarivo. Outline of draft LBSA presented.Outline of draft LBSA presented.

4. 2005/06: Under supervision of WIO-LaB PMU, 1 st draft developed by Regional Legal Consultant. Internally circulated in the UNEP and sister organizations2005/06: Under supervision of WIO-LaB PMU, 1 st draft developed by Regional Legal Consultant. Internally circulated in the UNEP and sister organizations 2006(March): 2 nd Regional Task force Meeting in Diani, Mombasa. Presented 1 st draft LBSA Protocol.2006(March): 2 nd Regional Task force Meeting in Diani, Mombasa. Presented 1 st draft LBSA Protocol. Developed 2 nd draft LBSA Protocol based on inputs from the Regional Task Force Meeting.Developed 2 nd draft LBSA Protocol based on inputs from the Regional Task Force Meeting.

5. Circulated 2 nd draft LBSA Protocol to the Countries through their Nairobi Convention Focal Points and National Legal and Technical Task Forces.Circulated 2 nd draft LBSA Protocol to the Countries through their Nairobi Convention Focal Points and National Legal and Technical Task Forces. Inputs from the countries received under the framework of the National Task Forces, facilitated by WIO LaB Project, several countries sent their comments by end of 2006.Inputs from the countries received under the framework of the National Task Forces, facilitated by WIO LaB Project, several countries sent their comments by end of 2006.

6. 2007(Jan/Feb): 3 rd Meeting of the Regional Task Force, Zanzibar, Tanzania.2007(Jan/Feb): 3 rd Meeting of the Regional Task Force, Zanzibar, Tanzania. Received and discussed inputs on the 2 nd draft LBSA Protocol, including country inputs.Received and discussed inputs on the 2 nd draft LBSA Protocol, including country inputs. Developed 3 rd draft LBSA Protocol and circulated the same to the countries for further inputs.Developed 3 rd draft LBSA Protocol and circulated the same to the countries for further inputs. Also notified that draft would be brought as an agenda to the COP 5.Also notified that draft would be brought as an agenda to the COP 5. Simultaneously proposed amendments to the Nairobi Convention, also to be notified to COP 5.Simultaneously proposed amendments to the Nairobi Convention, also to be notified to COP 5.

7. C. Process: Present and Next Steps Proposed a decision to the COP 5, to note the draft LBSA Protocol and convene a Conference of Plenipotentiaries to negotiate the details of the draft LBSA Protocol.Proposed a decision to the COP 5, to note the draft LBSA Protocol and convene a Conference of Plenipotentiaries to negotiate the details of the draft LBSA Protocol. Expecting the conference of plenipotentiaries to convene, in series of sessions, during 2008/09.Expecting the conference of plenipotentiaries to convene, in series of sessions, during 2008/09. Adoption by the countries to follow upon successful negotiationsAdoption by the countries to follow upon successful negotiations Ratifications of the countries to follow upon adoption.Ratifications of the countries to follow upon adoption.

8. Expected to be thoroughly consultative and participatory. Involvement of stakeholders to be in built in the negotiation process, and countries to establish formal and informal channels for interventions by national stakeholders.Expected to be thoroughly consultative and participatory. Involvement of stakeholders to be in built in the negotiation process, and countries to establish formal and informal channels for interventions by national stakeholders. Comments from countries still coming in, to be incorporated in the negotiating draft to follow upon the present 3 rd draft LBSA Protocol.Comments from countries still coming in, to be incorporated in the negotiating draft to follow upon the present 3 rd draft LBSA Protocol.

9. D. The Product: Key Features Detailed preambleDetailed preamble 26 Articles, thematically organized under five heads:26 Articles, thematically organized under five heads: 1.General provisions, including definitions, geographical scope, protocol application, and general obligations 2.Provisions on pollution and other degrading activities and sources: includes pollution from point and diffuse sources, degradation from other harmful activities and transboundary pollution

10. 3. Provisions to ensure effective implementation: includes measures of implementation, compliance and enforcement, standards and guidelines, data collection and monitoring and evaluation, EIA and audit, scientific and technological cooperation, technical assistance, public participation, education and awareness, and reporting, exchange and access to information.

11. 4. Institutional and financial arrangements: includes secretariat and coordination, meetings of the parties, national focal points, and financial arrangements. 5. Final provisions: includes annexes, settlement of disputes, signature, ratifications and others. In addition, there are proposed annexes to the protocol currently under development: on list of priority substances, hotspots, environmental quality standards, and best available techniques and practice.