1. “Options for Reaching a
Global Agreement on
Zero Net Land Degradation”
UNCCD 2nd Scientific Conference April 2013
Dr. Irene L. Heuser
IUCN World
Commission on
Environmental Law
Deputy Chair,
Specialist Group on
Sustainable Use of
Soil and
Desertification

2. OVERVIEW
 The IUCN World Commission on Environmental Law (WCEL) has been
investigating international law for soil since 2000
 From 2000 to 2013 the IUCN WCEL Specialist Group for Sustainable Use of
Soil and Desertification has:
– Carried out investigations under three WCC “Soil Resolutions”
– Consulted widely and accumulated extensive knowledge and expertise on
international and national legislative aspects of soils
– Prepared publications that summarize the main outcomes and options
– Drafted three Soil Protocols for discussion
– Assisted countries develop national soil laws
– Established cooperative relationship with soil science institutions.
 Provided assistance to UNCCD Secretariat on legal aspects of ZNLD; and
following Rio+20, on pathway to draft a legal instrument on soil for discussion.
2 Dr. Irene L. Heuser Bonn, 11 April 2013

3. 3 Dr. Irene L. Heuser Bonn, 11 April 2013

4. Non-binding Instruments
 1972: European Soil Charter, Stockholm Declaration
 1980: World Conservation Strategy
 1982: FAO World Soil Charter, UNEP World Soils
Policy, World Charter for Nature
 1983: UNEP Guidelines (for national soil policies)
 1992: Rio Declaration and Agenda 21 (+ 3 conv.)
 1996: Nairobi Declaration
 2000 ff: UN Millennium Dev. Goals, IUCN Resolutions
 2001: UNEP Montevideo Program III (Obj. 12 “Soils”)
 2002: WSSD-Plan of Implementation & Johannes-
burg Declaration
4 Dr. Irene L. Heuser Bonn, 11 April 2013

5. Binding Instruments
International:
• 1992: UN Framework Convention on Climate
Change (UNFCCC)
• 1992: Convention on Biological Diversity (CBD)
• 1994: UN Convention to Combat Desertification
(UNCCD)
Regional (Examples):
• 1986: Conv. f. the Protection of the Nat.Resources
& Environment of the South Pacific Region
• 1998: Alpine Convention (1991) Soil Protection
Protocol (ACSPP)
• 2003: Revised African Convention f. the Conservat.
of Nature and Natural Resources
5 Dr. Irene L. Heuser Bonn, 11 April 2013

6. SOIL AND THE RIO CONVENTIONS
UNFCCC CBD UNCCD
Strengths  Link soil management  Soil recognized as  UNCCD focused on land
with climate change “ecosystem” degradation (DLDD)
 Soil is the major global  Focus on ecological  Soil degradation is critical
carbon “sink” (contain aspects of soil aspect of ZNLD
organic carbon)  Recognize “soil  Link UNCCD to 10 Year
 Fundamental role of biodiversity” Strategy and ZNLD
organic matter decline  Soil as a key habitat for  Soil security is key to food
 Use UNFCCC NAMA many living organisms security
process to protect soil  Soil integrated with  Establish rules for national
 Climate Change Fund other ecological soil legislation
for developing countries elements  Links between UNCDD
to access for mitigation  “Soil Biodiversity and global soil strategies
actions Initiative”
Weaknesses  Major focus of UNFCCC  Soil has to “compete”  Soil not been recognized
is on GHG emissions with all other aspects of as ecological element (def.
 Soil issues oversha- ecosystems of land degradation)
dowed by other climate  Important soil issues  Limited regional scope
change issues overshadowed by other  UNCCD obligations are
 Soil carbon sequestra- biodiversity issues demanding on States
tion not part of CDM  Lack of implementation  Implementation of national
mechanism (although Aichi targets soil law is slow
6 mention soil fertility,  UNCCD process has not
erosion control) provided guidance on

7. • Since COP 6 being applied
more widely (Annex) UNCCD
UNCCD
• Fight against DLDD (deserti-
fication, land degradation and drought)
• Soil degradation is critical
aspect of ZNLD
• Establish rules for national
soil legislation
• Coordination with activities
under CBD/UNFCCC
• Inadequate legal basis at
national level is one of the
main limiting factors
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8. OPTIONS REVIEWED BY IUCN FOR INTERNATIONAL
FRAMEWORK FOR SOIL
 Binding stand-alone convention (treaty or frame-
work treaty)
 Protocol to an existing convention (e.g. UNCCD,
CBD, UNFCCC) on sustainable use of soil/ZNLD
 Non-binding instrument
• Modernize UN FAO 1983 Soil Charter (GSP 2011)
• Declaration of Principles on sustainable use of soil (Soil
Forum, Iceland 2005)
8 Dr. Irene L. Heuser Bonn, 11 April 2013

9. SELECTING AN OPTION
The objective would be to introduce an instrument under the framework
of the principal global convention that:
• Is compatible with the integrated approach (e.g., in Objective of
UNCCD)
• Substantially improves the operation of the convention
• Significantly contributes to international environmental law for soil
• Compared to UNFCCC and CBD:
UNCCD does not have the benefit of a protocol to support its imple-
mentation (UNFCCC with Kyoto Protocol 1997; and CBD with the
Biosafety Protocol 2000 and Nagoya Protocol on Access and Bene-
fit Sharing 2010)
Dr. Irene L. Heuser Bonn, 11 April 2013
9

10. IUCN DRAFT “PROTOCOLS FOR SOIL”
• Draft Protocol for Sustainable Use of Soil - prepared in 2005 (from
discussions at Iceland International Soil Forum)
– Discussed at various international environmental law and scientific forums
between 2005 and 2009
– Revised version in 2006 as a “Draft Protocol to CBD” - focus on ecological
aspects of soils
• Draft Protocol for Security and Sustainable Use of Soil - prepared in
2009 as a framework to support UNCCD and its 10 Year Strategy
and Framework (2008-2018)
– Presented at Soil Legislation Side event at CCD COP9 at Buenos Aires in
September 2009
– Aim is to integrate the concept of “soil security” (UNCCD Secretariat) - with
concept of “sustainable use of soils” (IUCN)
10 Dr. Irene L. Heuser Bonn, 11 April 2013

11. Recent developments
 2002: World Soils Agenda of IUSS
 2004: UNEP Strategy on Land Management and
Soil Conservation
 2007: UNCCD 10 Year Strategy 2008-2018
 2011: UN FAO Global Soil Partnership
 2011: Africa Consensus Statement to Rio+20
 2012: UNCCD Policy Brief for Rio+20 on Zero Net
Land Degradation
 06/2012: UNCSD: Rio+20 Outcome document
 11/2012: Global Soil Week
 04/2013: UNCCD 2nd Scientific Conference
........
11 Dr. Irene L. Heuser Bonn, 11 April 2013

12. Rio+20 Outcome document
“The Future we want”
“206. We recognize the need for
urgent action to reverse land
degradation. In view of this, we will
strive to achieve a land-degradation-
neutral world in the context of
sustainable development. (…)”
12 Dr. Irene L. Heuser Bonn, 11 April 2013

13. UNCCD Secretariat Policy Brief
 Commitment to land degradation neutral world
 Setting a sustainable development goal of ZNLD
 Securing the continous availability of productive land
for present and future generations
 Definition: avoiding land degradation or off set by
land restoration
→ agreement on a new legal instrument to UNCCD
- as a global policy and monitoring framework
- with ZNLD targets by individual countries
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14. Expectations on a Draft Protocol on ZNLD
The provisions of a new UNCCD “protocol on ZNLD” could facilitate (UNCCD
Policy Brief s. 5.2.2):
• The incorporation of emerging economic instruments, such as payments for
ecosystem services (e.g., carbon sequestration, water conservation) to be used
in preventing degradation of non-degraded land, as well as supporting the
restoration of already degraded land;
• The negotiation and setting of achievable and verifiable targets for ZNLD at
Conferences of the Parties to the Convention under advice of the CST;
• The development of policies, measures, guidelines and mechanisms for the
implementation of ZNLD at national and regional levels; and
• The provision of legal frameworks, guidelines and models for national and
sub-national policies to promote ZNLD.
Dr. Irene L. Heuser Bonn, 11 April 2013
14

15. INTERNATIONAL LEGAL FRAMEWORK FOR SOIL
The rationale behind an international instrument for soil:
Contain the fundamental principles for security and sustainable use
of soil
Consolidate key elements of principal global soil strategies
Provide guidelines on the legal, ecological and policy requirements
for soil
Forge links between soils instrument and other international
environmental instruments - biodiversity and climate change
To motivate States to legislate/reform legislation for soil protection
15 Dr. Irene L. Heuser Bonn, 11 April 2013

16. Contents of a
DRAFT PROTOCOL FOR SECURITY AND
SUSTAINABLE USE OF SOIL AND TO ACHIEVE
ZERO NET LAND DEGRADATION
• Jurisdictional scope
• Rights and responsibilities concerning use of soil
• Bilateral and multilateral arrangements
• International panel, national bodies, community participation
• Implementation tools - including procedure to establish and achieve
targets for ZNLD
• Transboundary measures
• Disadvantaged people
• Application and compliance
16 Dr. Irene L. Heuser Bonn, 11 April 2013

17. Draft Protocol and National Legislation
• International instrument for soil should provide a frame-
work for national legislation to meet State obligations to
sustainable use of soil and ZNLD:
• Elements required in State legislation to meet interna-
tional obligations to sustainable use of soil include, e.g,:
– Plan preparation;
– Information collection and analysis;
– Technology adaptation;
– Research and development;
– Capacity building;
– Education and awareness;
– Dispute resolution.
17 Dr. Irene L. Heuser Bonn, 11 April 2013

18. Reason for Legal Neglect of Land & Soil:
Soil Property
• Example: Special property rights in EU Member
States, Art. 345 TFEU, property ownership
untouched by EU law
• Process of reception of Roman Land Law:
differentiation between the environmental media;
soils regarded as private property
• Abolishment of the “common land” (“Allmende”)
– “Tragedy of the Commons”
• 18th century: soils not regarded as common
heritage like water and air
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19. Other Reasons for Neglect of Land & Soil
• No relation to soil & land any more
• “Soil is dirty”
• Lack of information
• Soil & land degradation is not always clearly and
immediately perceptible
• No „panda bear effect“
19 Dr. Irene L. Heuser Bonn, 11 April 2013

20. Suggested Process
• Prepare a concept paper on a legal instrument for ZNLD under UNCCD
process, for discussion purposes
• Prepare a commentary on the principal elements of a draft instrument
• Present concept to relevant conferences, meetings, symposia, like the
Committees of UNCCD or Conference of the Parties
• IUCN position paper on Protocol for ZNLD (maybe a joint action plan with
UNCCD Secretariat to advance the concept of a legal instrument based on
ZNLD)
• Identify the links between an instrument based on ZNLD and other principal
conventions and environmental strategies
20 Dr. Irene L. Heuser Bonn, 11 April 2013

21. Thank you very much for your attention!
Dr. Irene L. Heuser
Irene.Heuser@googlemail.com