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The Legal Development of the Ramsar Convention on Wetlands of International Importance especially as Waterfowl Habitat (2 February 1971)

by Cyril de Klemm in collaboration with Isabelle Créteaux (Ramsar, 1995)

[Note on this reprint]

THE LEGAL DEVELOPMENT

OF

THE RAMSAR CONVENTION

ON WETLANDS OF INTERNATIONAL

IMPORTANCE

ESPECIALLY AS WATERFOWL HABITAT

(2 FEBRUARY 1971)

by
Cyril de Klemm
in collaboration with
Isabelle Créteaux

(Ramsar Convention Bureau, 1995)

[title page verso]

Publié par le Bureau de la Convention de Ramsar, Gland, Suisse
Published by the Ramsar Convention Bureau, Gland, Switzerland
Publicado por la Oficina de la Convención de Ramsar, Gland, Suiza
© 1995 Convention on Wetlands of International Importance especially as Waterfowl Habitat

ISBN 2-940073-14-7

Citation: De Klemm, C. and Créteaux, I. 1995. L'Evolution Juridique de la Convention de Ramsar = The Legal Development of the Ramsar Convention = La Evolución Jurídica de la Convención de Ramsar. Ramsar Convention. Bureau, Gland, Switzerland.

Imprimé par/Printed by/Impreso por: Imprimerie Dupuis S.A., 1348 Le Brassus, Switzerland
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Traductions/Translations/Traducciones: Claire Shine, Amalia Thaler
Assistants de rédaction/Editorial assistance/Asistencia editorial: Dwight Peck: Françoise Dagon, Ana de Giorgio, Mireille Katz

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Reproduction of this publication for educational or other non-commercial purposes is authorized without prior permission from the copyright holder, provided that full acknowledgement is given. Reproduction for resale or other commercial purposes is prohibited without prior written permission of the copyright holder.

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Note: Les termes géographiques et la présentation du matériel employés dans cette publication ne reflètent en aucun cas l'opinion du Bureau de la Convention de Ramsar vis-à-vis du statut juridique d'un quelconque pays, territoire, ou région, ou de ses autorités, ou concernant le tracé de ses frontières ou de ses limites.

Note: The designations of geographical entities in this book, and the presentation of the material, do not imply the expression of any opinion whatsoever on the part of the Ramsar Convention Bureau concerning the legal status of any country, territory, or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries.

Nota: Las denominaciones de las entidades geográficas mencionadas en este libro y la presentación del contenido, no implican en lo absoluto la opinión de la Oficina de la Convención de Ramsar en lo concerniente al estado legal de ningún país, territorio, área, o sobre sus autoridades, o tampoco en lo concerniente a la demarcación de sus límites o fronteras.

Disponible auprès de/Available from/Disponible en: Ramsar Convention Bureau, Rue Mauverney 28, CH-1196 Gland, Switzerland. Telephone: +41 22 999 0170. Fax: +41 22 999 0169. Internet: ramsar@hq.iucn.org.

table of contents

Introduction

The historical development of the Ramsar Convention
A short description of the Convention

I. The List of Wetlands of International Importance

A. Listing of sites (Articles 2 and 3.2)

B. Conservation of listed sites

II. The wise use of wetlands

III. Provisions governing both listed sites and wise use

IV. Article 5: International cooperation

V. Article 6: Conference of the Parties

VI. Article 7: Representation of the Contracting Parties

VII. Article 8: The Ramsar Bureau

VIII. Article 9: Conditions for becoming a Party

IX. Article 10 bis: Amendments

X. Languages

Annex I: Evolution of the criteria for the identification of wetlands of international importance

Annex II: Chronological sequence of important events in the life of the Ramsar Convention


Introduction

The historical development of the Ramsar Convention

Concerned at the rapidity with which large stretches of marshland and wetlands in Europe were being reclaimed or otherwise destroyed, the International Union for the Conservation of Nature and Natural Resources (IUCN) joined forces with the International Waterfowl Research Bureau (IWRB note 1) and the International Council for Bird Preservation (ICBP note 2) to launch a programme to increase awareness of the importance of wetlands to humanity and to contribute to their conservation. The programme was entitled Project MAR (note 3).

In November 1962, an international conference was organised in Saintes-Maries-de-la-Mer in the Camargue (France) under the auspices of Project MAR, for the purpose of reviewing the range of problems associated with wetland conservation. The Conference recommended inter alia that a list should be drawn up of wetlands of international importance located in Europe and North Africa, to be known as the "MAR List" and to provide a basis for the preparation of an international wetlands convention. Parallel to Project MAR, lists of peatbogs and other aquatic sites of ecological significance were compiled within the framework of existing wetland projects, respectively entitled the TELMA and AQUA Projects.

A year later, in 1963, IWRB convened the First European Meeting on the Conservation of Wildfowl, in St. Andrews (Scotland), in order to build on the discussions begun in Saintes-Marie-de-la-Mer. The Conference recommended the creation of a European network of refuges for wild birds and the adoption of an international convention to ensure the effective and coordinated operation of this network.

In 1965, IWRB drew up a list of issues which might be covered by a convention of this kind, together with the first preliminary draft of the text.

In 1966, the Second European Meeting on Wildfowl Conservation was convened in Noordwijk (the Netherlands) by IWRB and the Dutch Government. Having reviewed the position of wetlands in the various countries involved and explored the possible content of a convention, the conference requested the Dutch Government to prepare a new preliminary draft, which it duly did. This text was succeeded by a further draft which took into account observations made by IWRB in 1967.

In 1968, a further international conference, on the Conservation of Waterfowl and their Resources, was held in Leningrad. The conference recommended that the adoption of a convention on the conservation of wetlands of international importance should be accelerated.

At its annual meeting in 1969, held in Vienna, the IWRB Council spelt out in greater detail the possible content of the convention. A new draft was consequently prepared by the Dutch Government and thereafter officially submitted to a technical meeting of experts in Espoo (Finland) in March 1970.

The definitive text of the draft convention, taking into account the observations made at the Espoo meeting, was then drawn up by IWRB and submitted to the conference of plenipotentiary delegates convened to adopt the text of the Convention. This conference was held in Ramsar, a small town on the shores of the Caspian Sea in Iran, from 30 January to 3 February 1971.

The Convention entered into force on 21 December 1975, four months after the deposit of the seventh instrument of ratification, pursuant to Article 10 thereof.

Shortly before the Convention entered into force, another international Conference on Wetlands and Waterfowl was held, in Heiligenhafen (Germany) from 2 to 6 December 1974. This conference was organised jointly by IWRB and the Federal Republic of Germany. One of its main objects was to review progress in the ratification of the Ramsar Convention. It was the last of the non-governmental conferences devoted to this subject, following those of Saintes-Marie-de-la-Mer, St. Andrews, Noordwijk and Leningrad. After the entry into force of the Ramsar Convention in 1975, this role has been taken over by the Meetings of the Conference of the Contracting Parties to the Convention.

Over the years, the Ramsar Convention has been modified on two occasions, firstly by the Paris Protocol of 3 December 1982 and then by an extraordinary Conference of the Parties, which was held in Regina (Canada) from 28 May to 3 June 1987.

When the need to amend the Convention became apparent, it was realised that the text adopted at Ramsar did not provide for any amendment procedure. In order to introduce such a procedure, it was therefore necessary to conclude a protocol, namely a new treaty amending the first one. The Conference of the Parties made a recommendation to this effect during its first session in 1980 in Cagliari, stipulating that such a protocol should include an amendment procedure based on the corresponding provisions of Article X of the Bonn Convention on the Conservation of Migratory Species of 1979 (Recommendation REC. C.1.7).

Pursuant to this recommendation, an extraordinary Conference of the Parties, chaired by the Indian representative, Mr Nalni D. JAYAL, was held in Paris from 2 to 3 December 1982 at the invitation of UNESCO, the Depositary of the Convention, in order to adopt the said protocol.

The Conference examined the draft text prepared by the delegation from the United Kingdom and, with a few amendments, adopted it by consensus. The most important provision of the text involved the insertion into the body of the Convention of a new provision, Article 10 bis, which instituted an amendment procedure (Article 1 of the Protocol). The Protocol also designated the French, German and Russian versions of the text of the Convention as authentic versions of the latter. Up until then, the only authentic version of the Convention had been the English text.

The Protocol entered into force on 1 October 1986, after it had been ratified by two-thirds of the States which were Contracting Parties to the Convention at the date on which the Protocol was opened for signature (Article 6 of the Protocol). From this date onwards, it has therefore been possible to amend the Convention in accordance with the procedure established by the Protocol.

The Conference of the Parties had already recommended at Cagliari that certain amendments to the Ramsar Convention would facilitate the realisation of its fundamental aims (Recommendation REC. C.1.8). Amongst the series of amendments identified as highly desirable to achieve this aim were provisions for:

Pursuant to this recommendation, a preliminary draft of possible amendments was drawn up on the basis of a report by the Environmental Law Centre of IUCN. The proposed amendments were presented to the Second Conference of the Parties in Groningen, the Netherlands, in 1984. Since the Paris Protocol had still not entered into force, however, the Conference could not adopt the proposed amendments. Moreover, the Conference considered that the preliminary draft should be revised and refined and set up a task force for this purpose. The Task Force was also instructed to examine different options concerning the creation, within the framework of the Convention, of a permanent structure for administrative, scientific and technical support, in other words a proper secretariat.

The Task Force, which was comprised of delegates of Canada, Denmark, the Netherlands, Senegal and Tunisia, met in The Hague from 28 to 31 May 1985 under the presidency of the Dutch representative and reached agreement on the draft amendments which should be submitted to the Parties once the Paris Protocol had entered into force. In contrast to the draft amendments presented at Groningen, which were in turn based on those submitted at Cagliari, the Task Force's recommendations were limited to institutional and financial matters. The Task Force considered in essence that the broadening of the secretariat's functions, the participation of observers in the meetings of the Conference of the Parties and the addition of an appendix to the Convention setting out the criteria for the inclusion of sites in the List of Wetlands of International Importance could all be achieved without having to amend the text of the Convention, for example through the adoption of resolutions or recommendations or the insertion of specific provisions into the rules of procedure of the Conference.

With regard to the other issues identified at Cagliari as appropriate subject-matter for future amendments to the Convention, such as the creation of a scientific committee, the establishment of a dispute resolution procedure and the recognition of the right of Parties to adopt stricter national measures for wetland conservation than those laid down by the Convention, the Task Force simply recommended that these should be abandoned.

Use of the new amendment procedure became possible after the entry into force of the Paris Protocol on 1 October 1986. An extraordinary Meeting of the Conference of the Parties was accordingly convened in 1987 to examine and possibly adopt the Task Force's proposed amendments. This meeting was held in Regina, Canada, during the Third Ordinary Meeting of the Conference and was chaired by the Danish representative, Mr Veit KOESTER.

The extraordinary Conference adopted the proposals of the Task Force and amended Articles 6 and 7 of the Ramsar Convention accordingly. The amendments formally establish the Conference of the Parties as an institution of the Convention and confer certain powers upon the Conference, principally to examine and promote the implementation of the Convention and to adopt financial regulations and a budget. Parties are required to contribute to this budget in accordance with a scale of contributions which they must adopt unanimously.

Pending the entry into force of the Regina amendments, the Parties decided to implement them on a provisional basis, adopting a resolution to this effect, and consequently to pay voluntary financial contributions to finance the operation of the Convention ("Resolution on Provisional Implementation of the Amendments to the Convention").

The Regina amendments entered into force on 1 May 1994 following their ratification by Denmark on 3 January that year. As a result, any State which ratifies the Convention or accedes to it after this date will automatically be party to the amendments.

The Conference of the Parties has held five meetings since the Convention entered into force, at the following times and places:

At each of these meetings, the Conference has adopted several resolutions and recommendations, of which the most important are probably the following:

Other important resolutions and recommendations adopted by the Conference of the Parties will be referred to later in this paper, in the context of the articles of the Convention to which they refer.

A short description of the Convention

The preamble to the Convention sets out the principles accepted by the Contracting Parties:

Article 1 defines "wetlands" and "waterfowl" very broadly.

Article 2 establishes a List of Wetlands of International Importance. When depositing its instrument of ratification or accession, each Contracting Party shall designate at least one wetland for inclusion in the List. Every Party has the right to delete or restrict wetlands already included by it in the List because of its urgent national interests.

Article 3 provides that Contracting Parties shall formulate and implement their planning so as to promote the conservation of the wetlands included in the List and the wise use of wetlands in general. Any change in the ecological character of the wetlands included in the List must be notified without delay to the Secretariat.

Pursuant to Article 4, Contracting Parties undertake to establish nature reserves on wetlands, to compensate for any loss of wetland resources after the deletion of a listed wetland particularly by creating additional nature reserves, to encourage research and publications regarding wetlands, to endeavour to increase waterfowl populations on wetlands and to promote the training of personnel competent in the fields of wetland research, management and wardening.

Article 5 requires Contracting Parties to consult with each other about implementing obligations arising from the Convention, especially in the case of wetlands or water systems shared by several Parties. Parties are also required to endeavour to coordinate their policies concerning the conservation of wetlands and their flora and fauna.

Article 6, amended at the extraordinary Conference of the Parties at Regina in 1987, establishes a formal Conference of the Parties and defines its powers. The article also deals with the rules of procedure of the Conference of the Parties, as well as the financial regulations of the Convention.

Article 7, which was also amended in Regina, specifies the membership of delegations and the voting procedures at such Conferences.

Article 8 sets out the duties of the permanent bureau and designates IUCN to perform them.

Article 9 lays down the conditions for becoming a Party to the Convention.

Article 10 bis, added by the Paris Protocol in 1982, provides that the Convention may be amended at a meeting of the Contracting Parties convened for this purpose and also covers the procedure to be followed to amend the Convention.

Articles 10 and 11 are the final clauses and deal with the entry into force of the Convention, and the withdrawal therefrom, for each Contracting Party.

Article 12 designates the depositary as UNESCO. This organisation is also the depositary of the Paris Protocol.

This article is followed by a clause, modified by the Paris Protocol of 1982, stating that the text of the Convention is done in a single original in the English, French, German and Russian languages, all texts being equally authentic.

This paper deals only with those articles of the Convention which have been the subject of amendments or of resolutions or recommendations by the Conference of the Parties.


I. The List of Wetlands of International Importance

A. Listing of sites (Articles 2 and 3.2)

1. Criteria for the identification of wetlands of international importance (Article 2.2)

Only wetlands of international importance may be included in the Ramsar List. The Convention gives States virtually no indication, however, as to the meaning of this term. Article 2.2 simply lists categories of values which may justify inclusion in the List (ecological, botanical, zoological, etc.), without giving Parties or future Parties any further guidance in their choice of sites.

It was therefore necessary to establish selection criteria. The criteria adopted by the International Conference on Conservation of Wetlands and Waterfowl in Heiligenhafen in 1974 served initially as a point of reference and have evolved further since then. To date, four sets of criteria have succeeded one another, following their adoption by the Conferences of Heiligenhafen, Cagliari, Regina and Montreux. These will be examined here only briefly, but are reproduced in full in the annex to this paper.

The evolution of these criteria reflects that of scientific opinion and the policy of the Parties. As far as the negotiators of the Convention were concerned, true to the spirit of the MAR Project and the preceding international conferences, the principal objective of the Convention had to be the protection of wetlands of international importance for waterfowl. Nevertheless, it has become increasingly apparent over the years that there are many other equally valuable reasons justifying the inclusion of a wetland on the List. The protection of the habitats of aquatic birdlife has therefore become less preeminent as an objective, which explains why the criteria have had to be modified accordingly.

a) The criteria adopted by the International Conference on Conservation of Wetlands and Waterfowl, Heiligenhafen, 1974

The criteria first used to identify wetlands of international importance were adopted at the International Conference on Conservation of Wetlands and Waterfowl in Heiligenhafen in 1974, before the Ramsar Convention entered into force. Developed on the basis of recommendations by Szijj (1972) and Atkinson-Willes (1976), these criteria were mainly drawn from a set of analogous criteria used for the TELMA and AQUA Projects and the MAR List, which was completed and published by IUCN in 1965. Four different groups of criteria were drawn up:

Between 1974 and 1980, these criteria were tested and the concept of quantitative and qualitative criteria appeared to be effective. Their applicability was the central theme of discussions at a Technical Meeting on the Assessment of Wetlands for the Purposes of Conservation (Bonn-Bad Godesberg, 8 to 9 October 1977). This meeting culminated in a series of recommendations which were subsequently used by IUCN and IWRB to prepare draft amendments to the Heiligenhafen Criteria to be submitted to the First Meeting of the Conference of the Parties, held in Cagliari in 1980. The purpose of the proposed amendments was to broaden the Heiligenhafen Criteria to allow for a more comprehensive assessment of each type of wetlands.

b) The criteria adopted by the First Conference of the Contracting Parties, Cagliari, 1980

The Cagliari Conference consequently adopted new criteria based on the proposals submitted by IUCN and IWRB. These criteria are divided into three distinct categories:

The Cagliari Conference rejected the criteria dealing with research and education, considering that a zone should be selected for its own qualities. It also rejected the criteria relating to the practical aspects of conservation and management on the grounds that listing could not be made conditional upon a site being free from threats from pollution, hydrological interference or other destructive activities.

Having revised the criteria, the Conference recommended that Contracting Parties should make use of them for the identification of wetlands suitable for designation for the List and for the compilation by competent international organisations of a "shadow list" of wetlands meeting these criteria, in order to monitor progress towards the creation of a network of wetlands of international importance. The Conference requested the competent international organisations (principally IWRB and IUCN) to formulate guidelines on how to select sites for designation from those meeting the criteria revised at Cagliari as well as on the management of designated sites (Recommendation REC. C.1.4).

With regard to groups of species other than waterfowl or other scientific characteristics, the Cagliari Criteria did not prove effective in helping Contracting Parties to select sites for which inclusion was a priority. For this reason, the Second Conference of the Parties, held in Groningen in 1984, included in its list of Action Points for Priority Attention (Recommendation REC. C.2.3) "the development of common criteria for evaluating the importance of wetlands at local, national or international level, and, in particular, expansion of the existing Cagliari criteria to cover also ecological factors concerning life other than waterfowl".

Despite the success of the Convention, the definition of wetland sites of international importance was still proving to be a source of confusion in practice. Many States wishing to accede to the Convention were having great difficulty in identifying sites on the basis of the existing criteria.

c) The criteria adopted by the Third Conference of the Contracting Parties, Regina, 1987

Further progress was made three years later, when the criteria for identifying wetlands of international importance were revised at the Regina Conference in 1987.

The order in which the Cagliari Criteria were arranged was reversed. The criterion for assessing the value of representative or unique wetlands was now listed first. Its content was unaltered but, given its very general nature, guidelines were formulated to facilitate its implementation. Pursuant to these guidelines, a wetland could be considered for selection under Criterion I if: "it is an example of a type rare or unusual in the appropriate biogeographical region" (Guideline a), or "it is a particularly good representative example of a wetland characteristic of the appropriate region" (Guideline b).

The general criteria for using plants or animals to identify wetlands of importance remained in second position. The only change to these criteria in comparison to those of Cagliari concerns Criterion 2, a: a wetland should be considered internationally important if "it supports an appreciable assemblage of rare, vulnerable or endangered species or subspecies of plant or animal, or an appreciable number of individuals of any one or more of these species".

The specific criteria for using waterfowl to identify wetlands of importance to waterfowl now came third. The Cagliari Criteria were changed quite considerably. The new criteria provided that a wetland should be considered internationally important if "it regularly supports 20 000 waterfowl" (3, a), "it regularly supports substantial numbers of individuals from particular groups of waterfowl, indicative of wetland values, productivity or diversity" (3, b), or "where data on populations is available, it regularly supports 1% of the individuals in a population of one species or subspecies of waterfowl" (3, c).

It follows from the above that the criterion based on the number of breeding pairs of waterfowl has disappeared. On the other hand, the "1% rule" of individuals of a population of one species or sub-species has been retained.

Although these various changes indicate a degree of recognition by the Conference of the Parties of the need to take factors other than waterfowl into account when identifying wetlands of international importance, quantitative criteria are still difficult to establish in most cases. It is generally easier to calculate numbers of waterfowl, which means that quantitative criteria remain of use.

Whilst the Regina Conference recommended the use of these criteria for the identification of wetlands to include in the List, it nevertheless accepted that most of them were not sufficiently detailed - particularly with regard to developing countries - and above all, that they did not take certain social and economic factors into account which are of major significance for such countries. It was therefore considered advisable to undertake a further revision of the criteria.

In consequence, the Conference recommended that a working group should be established "in order to examine the ways in which the criteria and guidelines for identifying wetlands of international importance might be elaborated" (Recommendation REC. C.3.1). The Working Group was set up by the Standing Committee of the Convention at its Third Meeting on 5 June 1987. It was composed of seven Contracting Parties, one for each region represented on the Standing Committee of the Convention, namely Australia, Chile, Iran, Mauritania, Norway, Poland and the United States. The Working Group met on 30 January 1988 in San José, Costa Rica, after the Fourth Meeting of the Standing Committee. It was chaired by Mr. Steinar ELDÖY, the Norwegian representative, in the presence of a large number of observers from other Parties. Thereafter the Group conducted its work principally by correspondence and submitted its report and its proposed criteria to the Fourth Meeting of the Conference of the Parties in 1990 (note 4).

d) The criteria adopted by the Fourth Conference of the Contracting Parties, Montreux, 1990

On the basis of the Working Groups's report, the Fourth Conference of the Contracting Parties carried out a further revision of the Criteria at Montreux in 1990 (Recommendation REC. C.4.2). The new criteria place even less emphasis on the protection of waterfowl habitats than did their predecessors.

Based on the guidelines adopted by the Regina Conference, the revision concentrated principally on the first category of criteria, which was considerably expanded. Pursuant to these changes, a wetland should be considered to be of international importance if "it is a particularly good representative example of a natural or near-natural wetland, characteristic of the appropriate biogeographical region" (Criterion 1, a); or "it is a particularly good representative example of a natural or near-natural wetland, common to more than one biogeographical region" (Criterion 1, b); or "it is a particularly good representative example of a wetland which plays a substantial hydrological, biological or ecological role in the natural functioning of an major river basin or coastal system, especially where it is located in a trans-border position" (Criterion 1, c); or "it is an example of a specific type of wetland, rare or unusual in the appropriate biogeographical region" (Criterion 1, d).

The general criteria based on plants or animals (Criterion 2) and the specific criteria based on waterfowl (Criterion 3) have remained unaltered.

In order to help Contracting Parties to decide whether a specific wetland should be included on the List, guidelines were formulated for the application of the criteria. A wetland may accordingly be considered to be of international importance under Criterion 1 if, because of its outstanding role in natural, biological, ecological or hydrological systems, it is of substantial value in supporting human communities dependent on the wetland. In this context, such support would include the provision of food, fibre or fuel, the maintenance of cultural values, or support of food chains, water quality, flood control or climatic stability (Guideline a).

Furthermore, "a wetland could be considered of international importance under Criterion 1, 2 or 3 if it conforms to additional guidelines developed at regional or national level. Elaboration of such regional or national guidelines may be especially appropriate:

With regard more specifically to Criterion 3, b on waterfowl, the guidelines set out a list of "particular groups of waterfowl" which are "indicative of wetland values, productivity or diversity".

Finally, the guidelines also provide that the specific criteria based on waterfowl numbers are applicable to wetlands of varying size in different Contracting Parties and that, while it is impossible to give precise guidance on the size of an area in which these numbers may occur, wetlands identified as being of international importance under Criterion 3 should form an ecological unit, and may thus be made up of one big area or a group of smaller wetlands (Guideline d). Recommendation REC. C.4.2 urges that the new criteria should "be used for identification of wetlands to be designated for the List under Article 2 of the Convention". It also recommends, after several successive changes in the criteria, that further amendments to the criteria should, as far as possible, be avoided "so as to facilitate establishing a definite basis for uniform application of the Convention".

In order to facilitate the identification of sites of international importance for waterfowl, the Montreux Conference in its Recommendation REC. C.4.12 urged Contracting Parties to participate in internationally coordinated waterfowl surveys and to undertake within their territories special surveys to identify wetlands of international importance for waterfowl. The same recommendation also instructed the Bureau, "within the limits of its budget, to prepare a report for the Conference of the Contracting Parties, summarising available information on the current status of migratory waterfowl populations in order to assist the Parties in identifying appropriate wetlands for designation onto the List according to the 1% criterion" adopted at Regina.

This review of developments should be concluded by mentioning that consideration was given to amending the Convention through the addition of an appendix setting out the criteria for the selection of wetlands of international importance (Recommendation REC. C.1.8). This idea was rejected by the Task Force, which decided that the same result could be achieved by other measures taken by the Conference of the Parties (DOC. C.3.5). Each set of criteria have therefore been adopted by ordinary recommendation of the Conference, which means that they are not binding in law. It should nevertheless be borne in mind that a Conference recommendation carries considerable weight and that the Parties which accepted the recommendation have, at the very least, a moral obligation to comply with its terms.

e) The decisions taken at the Fifth Conference of the Contracting Parties, Kushiro, 1993

The Kushiro Conference in 1993 did not amend the criteria or guidelines previously adopted, but it was nevertheless anxious to continue the shift, already begun, in favour of species other than waterfowl. For this reason, taking note of the presentation made by a representative of IUCN about populations of wetland species other than waterfowl, the Conference called on Contracting Parties to "use the concept and examples provided in IUCN's presentation as a basis for application of section 2 of the Ramsar Convention", namely the section containing the General Criteria (Resolution RES. C.5.9).

Turning more specifically to fish, the Conference adopted a recommendation devoted to this subject (REC. C.5.9). Recalling that fishes found in wetlands may form the basis of valuable fisheries and, in particular, that "coastal wetlands form an important nursery for fisheries, including offshore fisheries", the text recognises that "more effective identification and management of wetlands of importance as fish habitat and as a source of traditional fisheries would improve the quality of life of local people and increase the relevance of the Ramsar Convention to developing countries". It therefore recommends that "criteria and guidelines be developed on the importance of wetlands for fishes, both as regards biodiversity and fishery yields, and taking into account the wise use principle". The Bureau of the Convention is instructed to formulate proposals on criteria and to present the results of this work to the Sixth Meeting of the Conference of the Contracting Parties in 1996.

With regard to the detailed criteria already drawn up for waterfowl (section 3 of the criteria), the Conference heard a presentation by a representative of IWRB who emphasised that the number of waterfowl visiting a given site could vary in time and that variations of this kind must be taken into account when applying the criteria for the identification of wetlands of international importance for waterfowl. In its Resolution RES. C.5.9, the Conference called on Contracting Parties to use the figures submitted by IWRB as a basis for the application of section 3 and, in particular, subsection 3(c) of the Ramsar criteria and encouraged them to provide IWRB with comments and regular updates of these figures.

In this way, the Conference is gradually moving towards the amplification of the criteria regarding species other than waterfowl and the adaptation of the criteria on waterfowl to biological data compiled by scientists. This tendency is reflected in the mandate of the new Scientific and Technical Review Panel which was established by the Conference. The Panel's terms of reference explicitly include the review of the criteria for identifying wetlands of international importance, particularly as regards habitat for fish populations (RES. C.5.5).

2. Recommendations for particular wetlands to be included in the List

Certain recommendations adopted in 1971 by the Ramsar Conference itself urged individual States to protect specified wetlands of international importance within their territory. Recommendation 1, in particular, called on Denmark, the Netherlands and the Federal Republic of Germany to examine the possibility of including the Wadden Sea in the List of Wetlands of International Importance.

The First Meeting of the Conference of the Parties, held in Cagliari in 1980, called on Parties to increase the number of wetlands included in the List, paying particular attention to areas located outside the Western Palearctic or to wetlands of types poorly represented within that region (Recommendation REC. C.1.3).

At its Meeting in Groningen in 1984, by which time the Netherlands had included in the List the part of the Wadden Sea under its jurisdiction, the Conference called on the two other Parties concerned, the Federal Republic of Germany and Denmark, to do likewise for all remaining parts of this marine and coastal area. The Conference backed up its request by formally noting the vital link between the Banc d'Arguin in Mauritania and the Wadden Sea for certain species of migratory birds, such as Limosa lapponica and Calidris canutus (Recommendation REC. C.2.5). These two States have subsequently included the parts of the Wadden Sea under their respective jurisdiction in the List.

The Groningen Conference also recommended the inclusion in the List of several other wetlands, namely Lake Tata (Hungary), the Venice Lagoon, the northern part of the Po Delta and Lake Trasimene (Italy), Lake Izunuma (Japan), Oued Massa (Morocco), Lake Aleg and Lake Mâl (Mauritania) and the Gulf of Gabès (Tunisia) (Recommendation REC. C.2.9).

The Montreux Conference in 1990 recommended, in its turn, the listing of the middle reaches of the River Vistula in Poland and the Melaleuca forests (note 5) in Viet Nam, together with sites found in the USSR and Yugoslavia (Recommendation REC. C.4.9).

At Kushiro in 1993, the Conference of the Parties reiterated its appeal to Poland and Viet Nam. The Conference called once again on Viet Nam to designate at least one site in the Mekong Delta for the Ramsar List together with the Tien Hai part of the Red River Estuary (REC. C.5.1).

3. Application of the criteria for identification

The adoption of criteria was primarily intended to prevent the listing of wetlands of little value or which had been seriously damaged. It was therefore necessary that Parties should only be called on to list wetlands actually fulfilling the criteria. It was also important to develop a procedure for removing from the List those wetlands which meet none of the criteria and which should therefore never have been listed.

This is the objective of Resolution RES. C.5.3 adopted by the Kushiro Conference in 1993. This resolution urges Contracting Parties to ensure that any new sites to be added to the List fulfil one or more of the criteria established by Recommendation REC. C.4.2 and, in case of doubt, to enter into informal consultations with the Convention Bureau prior to listing new sites. Parties are also requested to supply a completed Ramsar datasheet upon designation of a wetland for the List, to consult existing regional wetland inventories to assist them in the identification of potential Ramsar sites and to establish their own national inventories. Lastly, the Bureau is instructed to identify listed sites which may not meet the criteria established by Recommendation REC. C.4.2.

A review procedure is appended to Resolution RES. C.5.3 and must be followed by the Convention Bureau. In conjunction with the newly-created Scientific and Technical Review Panel, the Bureau shall review the information submitted by Contracting Parties. If it identifies a site which does not meet any of the criteria, it must consult the Contracting Party concerned in order to seek more information. When, in the light of this information, it becomes clear that the site definitely fails to qualify under any of the criteria and there is no possibility of extension, enhancement or restoration of its functions or values so as to qualify it for inclusion in the List, the Contracting Party concerned must instruct the Bureau to remove the site from the List. As a result of such a removal, the Contracting Party must apply the provisions for compensation set out in Article 4.2 of the Convention by including another site in the List.

4. Classification of wetland types and information sheets

Recommendation REC. C.2.3 adopted by the Groningen Conference in 1984 determined that priority action should be taken for the elaboration of a system of wetland classification or typology and for the preparation of a standard data sheet on wetlands and of guidelines for its use in wetland inventories. A classification of wetland types and a model data sheet were subsequently prepared and are set out in annex II to Recommendation REC. C.4.7 of Montreux. The same recommendation calls on Parties and the Bureau to use the classification system and the data sheet when presenting information for the Ramsar database, in which information on Ramsar sites is entered.

B. Conservation of listed sites

1. Changes to the ecological character of listed sites (Article 3.2)

Article 3.2 of the Ramsar Convention provides that "each Contracting Party shall arrange to be informed at the earliest possible time if the ecological character of any wetland in its territory and included in the List has changed, is changing or is likely to change". This provision essentially requires Parties to concentrate their efforts upon prevention. Many wetlands are eliminated or are at risk of elimination as a result of filling, drainage, reclamation and industrial activities or are threatened by pollution or eutrophication, even though their potential value may directly or indirectly exceed that obtained from transforming them into other types of land.

Bearing this in mind, the Cagliari Conference recommended to Parties that "in case of any projected large-scale wetland transformation, the decision is not taken until an assessment of all the values involved has been made, and that ecologists be included in the planning process" (Recommendation REC. C.1.6). This clearly emphasises the importance of impact assessments prior to wetland development.

Parties must, in addition, obviously intervene as necessary during the execution of wetland transformation projects. The Groningen Conference therefore recommended in 1984 that strategies and techniques of wetland management should be developed to enable the natural characteristics of wetland areas to be retained before, during and after the completion of projects (Recommendation REC. C.2.3, point 6).

In 1987, the Regina Conference adopted Recommendation REC. C.3.9 on changes in ecological character of Ramsar sites, which noted with regret that "notwithstanding protective measures instituted to implement the requirements of the Convention, a number of listed sites have been severely damaged or are under imminent threat of degradation". It urged all Contracting Parties to take "swift and effective action to prevent any further degradation of sites and to restore, as far as possible, the value of damaged sites".

In 1990, the Montreux Conference adopted Recommendation REC. C.4.8, also on change in ecological character of Ramsar sites. Emphasising the fundamental importance of maintaining ecological character of listed sites, the Recommendation once again requested that Contracting Parties, in whose territory are located sites which have incurred or are being threatened with change in ecological character, take swift and effective action to prevent or remedy such changes.

In 1993, the Kushiro Conference adopted Recommendation REC. C.5.2, which emphasised once again the fundamental importance of maintaining the ecological character of listed sites. The Conference acknowledged, however, that further guidance in interpreting the complex Ramsar concepts of "ecological character" and "change in ecological character" would be of value. It therefore instructed the Convention Bureau, with the support of the Scientific and Technical Review Panel and partner organisations, to report to the Sixth Meeting of the Conference on the results of such studies.

2. Recommendations for the conservation of listed sites

Drawing attention to the severity of the threats to the future of Djoudj National Bird Park in Senegal, which figures on both the Ramsar and World Heritage Lists and is thus of symbolic importance, the Groningen Conference recommended that special measures be rapidly taken to safeguard the future of the site (Recommendations REC. C.2.7 and REC. C.2.8).

Concerned at the rate of extraction of water from the Azraq wetland (Jordan) included in the List and the risk of serious changes to its natural properties, the Regina Conference called for a proper assessment of the environmental impact of the pumping and urged that there be established a long-term water resources plan guaranteeing the maintenance of the natural properties of this wetland of international importance (Recommendation REC. C.3.8).

Recommendations concerning the conservation of sites included in the Ramsar List were also adopted by the Montreux Conference in 1990 (REC. C.4.9). These relate to the Doñana National Park (Spain), the Everglades Park (United States), Lakes Balaton and Tata (Hungary), the Myvatn-Laxa site (Iceland), Ramsar sites in Greece, the Hamoun Lake (Islamic Republic of Iran), the Azraq Oasis (Jordan), the Leybucht (Federal Republic of Germany) and the St Lucia site (South Africa).

In 1993, the Kushiro Conference expressed its satisfaction that some of its earlier recommendations concerning listed sites had produced results. It expressed grave concern, however, about the threats facing several listed sites, particularly in Mauritania, the Wadden Sea and St Lucia in South Africa (Recommendation REC. C.5.1). Specific recommendations were addressed to Greece (Recommendation REC. C.5.1.1) and Venezuela (Recommendation REC. C.5.1.2).

3. Monitoring Procedure

In 1987, the Regina Conference requested Contracting Parties on whose territory were located sites which had been damaged or which were at risk of degradation to inform the Convention Bureau of actions undertaken to safeguard these sites (Recommendation REC. C.3.9). In order to implement this Recommendation, a Monitoring Procedure was set up by the Standing Committee at its Fourth Meeting, convened in San José (Costa Rica) in January 1988. This decision was ratified by the Montreux Conference in 1990.

When the Bureau is informed that the ecological character of a wetland included in the List is changing as a result of technological developments, pollution or other human interference, the Bureau must propose to the Contracting Party concerned that the Monitoring Procedure be implemented and shall, at the same time, request additional information on the status of the wetland concerned. Thereafter, if the Party is in agreement and the Bureau considers that the ecological character of a listed wetland is changing significantly, the latter must offer advice and assistance to the Party concerned, usually after a site visit, in order to reach an acceptable solution to the problem. If it does not appear that a solution can be readily found, the Bureau shall immediately bring the matter to the attention of the Standing Committee which must monitor the case.

The Montreux Conference requested the Bureau to implement this procedure whenever it receives information on adverse or likely adverse changes in the ecological character of Ramsar sites (Recommendation REC. C.4.7). In similar vein, the Conference also requested Parties in whose territory are located sites which have incurred or are threatened by change in ecological character, to take swift and effective action. The Bureau was in turn instructed to maintain a record of Ramsar sites where such changes in ecological character have occurred, are occurring or are likely to occur (Recommendation REC. C.4.8).

4. Montreux Record

The Kushiro Conference determined that the purpose of this record, henceforth to be known as the Montreux Record, is to identify priority sites for positive national and international conservation attention, to guide implementation of the Monitoring Procedure and to guide allocation of resources available under existing financial mechanisms, particularly the Wetland Conservation Fund. It instructed the Bureau to maintain the Montreux Record as part of the Ramsar database and in accordance with the guidelines approved by the Conference. The newly-created Scientific and Technical Review Panel is charged with providing advice on the maintenance of the Record and the conservation of Ramsar sites included therein (Resolution RES. C.5.4).

The guidelines relating to the Montreux Record are appended to Resolution RES. C.5.4. They basically set out the procedure for including sites in the Register. Where the Bureau is informed that "the ecological character of a Ramsar site may have changed, may be changing or may be likely to change as a result of technological development, pollution or other human interference", the Bureau shall contact the Contracting Party concerned, requesting additional information on the status of the site. When, following such consultations, it is confirmed that the site has undergone, is undergoing or is likely to undergo change in ecological character, the Convention Bureau, in agreement with the Contracting Party concerned, and in consultation with the Scientific and Technical Review Panel, shall add the site to the Montreux Record. The Record shall indicate those sites where the Monitoring Procedure has been or is being implemented. Contracting Parties shall provide annual reports on the conservation situation of sites included on the Montreux Record. The Convention Bureau, in agreement with the Contracting Party concerned, and in consultation with the Scientific and Technical Review Panel, shall remove a site from the Record upon receipt of documents detailing either the remedial actions implemented successfully at the site, or the reasons why the ecological character of a site is no longer likely to change. Finally, a copy of the Record shall in any case be included with the regular circulation of the List of Ramsar sites.

As of the Fourth Conference of the Parties in 1990, 44 Ramsar sites located in 23 countries were included on the Montreux Record. Since then, a few sites, considered to be out of danger, have been removed from the Record, but several others have been added. In January 1994, there were 63 sites situated in 32 countries included on the Montreux Record and a further ten were in the process of being added.

The procedure for listing sites on the Montreux Record was examined by the Standing Committee at its Fourteenth Meeting in October 1993. The Committee held that it was inappropriate for it to take decisions with regard to the listing of sites on the Record, as this was a matter within the exclusive competence of the Parties concerned. Moreover, since the Standing Committee only meets once a year on average, a listing procedure that necessitated the Committee's approval would be too inflexible because it would prevent regular updating of the Record in accordance with changes in the conservation situation of Ramsar sites.

The Committee therefore decided that the Record should be maintained by the Bureau and that no site should be listed therein without prior bilateral consultations with the Contracting Party concerned and the latter's written agreement. The new Scientific and Technical Review Panel assists in overseeing the implementation of the procedure. At its first meeting in January 1994, the Panel emphasised that the Record should be a flexible instrument and proposed that sites could be added or removed therefrom, subject to the Review Panel examining the documentation submitted by the Contracting Party. The date on which a site is listed should be included in the Record.

5. Management plans

Article 3.1 of the Convention provides that "Contracting Parties shall formulate and implement their planning so as to promote the conservation of the wetlands included in the List". The Conference of the Parties considered that this requirement called for the preparation of management plans in relation to listed sites.

In annex II to Recommendation REC. C.4.2 adopted at Montreux, the Conference called on Parties to give consideration at each listed wetland to the need for management measures and, if measures were deemed appropriate, to develop a management plan and put it into action.

The Kushiro Conference, "conscious that, while wetlands vary enormously throughout the world, a methodology for management planning, both for Ramsar sites and other wetlands, can provide guidance for Contracting Parties", therefore decided (Resolution RES. C.5.7) to call on Parties to develop management plans for each wetland designated for the Ramsar List. Parties are also requested to establish the appropriate legal and administrative structures for the application of such management plans and to provide funds for the implementation of the plans and for training of the necessary staff. "Guidelines on Management Planning for Ramsar Sites and Other Wetlands" are appended to Resolution RES. C.5.7. The Standing Committee and the Scientific and Technical Review Panel created by the Kushiro Conference are requested, in collaboration with the Convention Bureau and partner organisations, to follow up practical application of these guidelines at specific sites and to "consider the need for refinement of these guidelines in the light of experience". Lastly, the resolution emphasises the need to make funds available "from multilateral or bilateral aid sources, through non-governmental channels or from the Convention's Wetland Conservation Fund, for the preparation of management plans and the application of these guidelines at wetlands in developing countries".

The guidelines set out the various issues which should be taken into consideration in management plans and suggests a framework for their development. Each management plan should, in particular, include a general description of the site, an evaluation of its major features, the long-term management objectives and operational objectives as well as an action plan setting out management options and specific areas of work, known as "prescriptions". Management plans must be regularly reviewed, detailing the work which has been completed and the results of monitoring and surveys. A more detailed handbook will be produced in the future by the Bureau to accompany the guidelines.


II. The wise use of wetlands

One of the primary obligations of the Ramsar Convention is that Contracting Parties to the Convention

1. Definition (Article 3.1)

The term "wise use of wetlands" was interpreted by the First Conference of the Parties at Cagliari in 1980 as involving the maintenance of the ecological character of these areas (Recommendation REC. C.1.5), which automatically means that they must not be destroyed, altered or polluted. Given that in developing countries in particular, the rural economy is heavily dependent on the productivity and hydrological resources of wetlands, appropriate forms of wetland management must be defined in tandem with the conservation of these areas. Since the Cagliari definition, focused solely on conservation, was inadequate for this purpose, it was accordingly necessary to make the concept of wise use under the Ramsar Convention more specific and to broaden it.

The Regina Conference in 1987 defined the wise use of wetlands as "their sustainable utilization for the benefit of humankind in a way compatible with the maintenance of the natural properties of the ecosystem". "Sustainable utilization" is in turn defined as "human use of a wetland so that it may yield the greatest continuous benefit to present generations while maintaining its potential to meet the needs and aspirations of future generations." Natural properties are defined as "those physical, biological or chemical components, such as soils, water, plant and animal species, and nutrients, and the interactions between them" (annex to the Regina recommendations). The Conference did not formally adopt these definitions, but simply recommended that Parties should do so.

2. The development of national wetland policies

In order to clarify the meaning of Article 3 of the Convention, the Cagliari Conference recommended in 1980 that comprehensive national policies based on a nationwide inventory of wetlands and their resources should be adopted to benefit the "wise use" of wetlands (Recommendation REC. C.1.5).

A framework document was prepared at Groningen in 1984 with the aim of specifying the content of such policies and facilitating the achievement of the Convention's objectives. This document was intended to serve as a flexible tool, to be adapted to the particular conditions of each country, and to guide the development of national and international measures to further the conservation of wetlands (Recommendation REC. C.2.3, annex). The "Action Points for Priority Attention" included the quantification of both direct (monetary) and indirect (non-monetary) values of wetlands and the formulation of criteria to enable all values to be taken fully into account in the planning of projects which might lead to changes in the ecological character of wetlands (Recommendation REC. C.2.3, point 5).

The different elements of national policies on wetlands were regrouped under categories, dealing in particular with:

The Conference of the Parties has subsequently adopted more detailed recommendations on all these various matters, which will be discussed later in this paper.

The Regina Conference recommended in 1987 that Parties should pay particular attention to the wise use of wetlands by promoting wetland policies (Recommendation REC. C.3.3). "Guidelines for the Wise Use of Wetlands" (appended to the Regina recommendations) laid down the content of such policies. The following factors were in particular to be taken into account:

Until such time as these detailed policies have been established, action should be taken immediately with particular regard to the development of legislation and policies which will stimulate wetland conservation action, including the amendment as appropriate of existing legislation.

3. The development of guidelines on wise use

The Working Group set up as a result of the Regina Conference to propose a revision of the criteria for identifying wetlands of international importance was also charged with examining the ways in which the wise use provisions of the Convention might be applied "in order to improve the worldwide application of the Convention."

The Working Group duly drew up guidelines for the wise use of wetlands which were subsequently adopted by the Fourth Meeting of the Conference of the Parties in Montreux in 1990.

The formulation of national wetland policies was acknowledged, however, to be a long-term process. The guidelines were therefore intended to initiate this process by encouraging Parties to take immediate action. For this reason, they included not only elements for inclusion in comprehensive national wetland policies but also priority actions of a more urgent kind (Annex to Recommendation REC. C.4.10).

As regards national policies, the guidelines set out a list of general measures which should be taken by Parties. These deal in particular with: institutional structures; integrated planning; legislation; sectoral policies which may adversely affect wetland conservation; increasing knowledge about wetlands and awareness of their importance; the execution of pilot wise use projects; training of staff; the compilation of a national inventory of wetlands; the definition of conservation priorities; environmental impact assessments; regulation of the exploitation of natural wetland resources; formulation and implementation of management plans; the creation of nature reserves; and the restoration of damaged wetlands.

The guidelines urge Contracting Parties not to wait for national policies to be drawn up but to focus immediately on certain priority actions, emphasis being placed upon those which would facilitate the preparation of national wetland policies and "avoid delay in the practical implementation of wetland conservation and wise use" ("Priority Actions at National Level", annexed to Recommendation REC. C.4.10). In parallel, it became obvious that urgent action might be required in order to prevent the destruction or degradation of important wetland values at particular wetland sites. Whenever development is proposed which might affect major wetlands, environmental considerations should accordingly be integrated from the outset, evaluation should continue during the execution of the works and the full implementation of necessary environmental measures should be assured.

The Montreux Conference recommended that Parties should adopt and applied the guidelines drawn up by the Working Group. It also decided to reconstitute the Group to allow it to continue its "wise use" work and, in particular, to develop and refine these guidelines to make them applicable "to a diversity of wetland types, regions, resources and uses" (Recommendation REC. C.4.10).

In parallel, between 1990 and 1993, the Bureau coordinated a project on the wise use of wetlands which was carried out with financial support from the Government of the Netherlands and technical assistance from the Wetlands Programme of IUCN and the University of Leiden in the Netherlands. This project was conducted in collaboration with the Working Group on Wise Use of Wetlands and with the help of experts who met on three occasions:

A small working group met thereafter in Washington from 23 to 25 February 1993, at the invitation of the United States. It worked on the action plan appended to the final report of the project and, pursuant to the conclusions of the Texel meeting, drew up additional guidelines to supplement some of the guidelines adopted in Montreux.

The result of this work was a book, published in 1993 under the title Towards the Wise Use of Wetlands, which contains 17 case studies illustrating the application of the wise use concept in different ecological and socio-economic situations throughout the world. These studies demonstrate that the wise use of wetlands, adapted to local conditions and respectful of ecosystem functions, is indeed possible.

Having closely followed the implementation of the project, the Working Group also duly drew up "Additional Guidance for the Implementation of the Wise Use Concept", based on the conclusions derived from the case studies. This additional guidance retains the various chapter headings of the guidelines adopted at Montreux whilst amplifying and refining them. It sets out a battery of measures which could be taken by Parties to comply with the obligations which they undertook upon ratifying the Convention (annex to Resolution RES. C.5.6).

The Kushiro Conference in 1993 took note of the additional guidance and called on Parties to implement it (Resolution RES. C.5.6). The Working Group on Wise Use was not reconstituted by the Conference as the Group had completed its work. Monitoring of the implementation of the guidelines and the additional guidance will be carried out by the newly-created Scientific and Technical Review Panel (Resolution RES. C.5.5).

4. National inventories

The preparation of national inventories constitutes, in the view of the Conference of the Parties, an essential component of the national policies which Parties are called on to elaborate. The need for such inventories is highlighted in the guidelines on the wise use of wetlands which are annexed to the Regina recommendations, the guidelines for the implementation of the wise use concept annexed to Recommendation REC. C.4.10 of Montreux and the additional guidance for the implementation of the wise use concept annexed to Resolution RES. C.5.6 of Kushiro.

The Conference of the Parties has also adopted on several occasions more specific recommendations related to national inventories, of which the principal recommendations are as follows:

5. Restoration

Recommendation REC. C.4.1 of the Montreux Conference requested Parties to examine the possibility of establishing appropriate wetland restoration projects for damaged or destroyed wetlands. The text emphasises that the maintenance and conservation of existing wetlands is always preferable and more economical than their subsequent restoration and that degraded wetlands should be restored before destroyed ones. Contracting Parties are recommended to provide the Bureau with available documentation on the different wetland restoration projects under way. The Standing Committee is requested to consider the need to prepare a technical manual on wetland restoration.

III. Provisions governing both listed sites and wise use

1. Nature reserves (Article 4.1)

Article 4.1 of the Convention provides that

In order to clarify the scope of this provision, the Montreux Conference recommended in 1990 that Parties should establish national networks of nature reserves in their territory, covering both listed and non-listed wetlands. It further recommended that Parties should ensure that adequate measures for the establishment and effective protection of nature reserves are provided by their legal mechanisms (Recommendation REC. C.4.4).

The Kushiro Conference in 1993 went further in this direction by recommending (Recommendation REC. C.5.3) that Contracting Parties take measures to ensure that the ecological character of Ramsar sites and wetland reserves is not placed at risk. It emphasised the need to develop zoning measures related to larger Ramsar sites and wetland reserves, involving strict protection in key zones and various forms of wise use, as well as ecological corridors linking Ramsar sites. With regard to Ramsar sites and wetland reserves of small size or particular sensitivity, Recommendation REC. C.5.3 calls on Contracting Parties to establish strict protection measures.

2. Research (Article 4.3)

Research and the collection of data have been the subject of several recommendations adopted by the meetings of the Conferences of the Parties. Wetland research and education were dealt with specifically by recommendations 8 to 11 of the Ramsar Conference in 1971. These covered the development of wetland research, the promotion of hunting research, African wetlands and the Man and the Biosphere Programme (MAB) established by UNESCO. In the "Framework for Implementing the Convention" established by the Second Conference of the Parties in 1984, data collection was included amongst the international measures aimed at promoting wetland conservation through international cooperation (Recommendation REC. C.2.3, annex, point 7).

At the Regina Conference in 1987, Recommendation REC. C.3.2 emphasised the need to conduct further research on flyways in order to investigate the severe decline in numbers of waders (shorebirds). Recalling this recommendation, the Montreux Conference in 1990 urged Contracting Parties to cooperate in the management of migratory species (Recommendation REC. C.4.12).

3. Education and training (Article 4.5)

In 1980, the Conference of the Parties requested Contracting Parties and competent international organisations to do what they could to enable developing countries to contribute to the Convention and its activities through support for appropriate training programmes (Recommendation REC. C.1.2). Stressing the responsibility of development agencies toward wetlands, the Regina Conference of 1987 urged these agencies to train and educate personnel at project implementation level (Recommendation REC. C.3.4).

Three years later, the Conference of the Parties at Montreux, recalling Article 4.5 of the Convention, recommended that higher priority should be placed on the development and implementation of educational strategies, targeted both at formal school/university systems and at the non-formal education of youth and adults.

The contribution which nature reserves can make to developing public awareness of wetland values was strongly emphasised by the Montreux Conference. Recommendation REC. C.4.4 recognises the special role played by reserves in promoting conservation education and public awareness of the importance of wetland conservation and the goals of the Convention. It therefore called on Parties to establish conservation education programmes linked to the establishment of national networks of nature reserves.

Recommendation REC. C.4.5 recommends that Parties place a high priority on providing educational programmes at key reserves which are accessible to a wide spectrum of the population, and encourages Parties to establish special reserves where education is the main objective.

Recommendation REC. C.5.8 of Kushiro "calls on Contracting Parties to develop facilities for promoting public awareness of wetland values at wetland reserves in their own territory" and recommends that special efforts be made to promote international coordination of measures to further public awareness of these values.


IV. Article 5: International cooperation

1. Shared wetlands, water systems and migratory bird populations

Pursuant to Article 5 of the Convention,

The issue of international cooperation between Contracting Parties whose territory is situated along the same flyway, and who therefore receive the same population of migratory birds at different times, was first raised by the Regina Conference. Recommendation REC. C.3.2 emphasised "the need to establish reserves at wetlands linked by migratory birds".

It was only at the Montreux Conference in 1990, however, that Contracting Parties examined for the first time the full range of problems involved in implementing Article 5.

The Conference accordingly adopted a resolution (RES. C.4.4) on the implementation of this article. The text recognises that priority should be given to shared wetlands and water systems which contain sites included in the List of Wetlands of International Importance and to such shared migratory species that may be identified as requiring mutually agreed conservation measures. A procedure for the implementation of the obligations to consult and to endeavour to coordinate laid down in Article 5 was therefore needed and should be established. However, before such a procedure could be developed, it would first be necessary "to gather sufficient information on wetlands, water systems and migratory species shared by two or several Contracting Parties and to obtain the views of Contracting Parties on such a procedure". "One of the several ways of implementing Article 5 could be by means of bilateral or multilateral arrangements in respect of wetlands included in the List and situated along the same flyway".

The Conference therefore instructed the Bureau in the same resolution to gather information on wetlands and water systems shared by several Parties; to draw up a list of existing boundary water treaties and consult with Contracting Parties with a view to establishing the relevance of such treaties for the implementation of Article 5 of the Convention; to try to identify shared migratory animal populations which may benefit from conservation agreements concluded between Contracting Parties; to explore the possibility of promoting bilateral or multilateral twinning arrangements under the Convention in respect of listed wetlands situated along the same flyway; and lastly, to consult with Contracting Parties on other appropriate procedures in the implementation of Article 5 of the Convention.

It was noted that questions relating to shared migratory species should be reviewed in consultation with the Secretariat of the Convention on the Conservation of Migratory Species of Wild Animals, signed in Bonn in 1979, and with other appropriate secretariats. Joint action for the conservation of migratory species should, wherever possible, be taken under existing mechanisms such as agreements under the Bonn Convention.

With regard more specifically to migratory waterfowl, the Montreux Conference also adopted Recommendation REC. C.4.12, pursuant to Article 5 of the Convention, which urges Contracting Parties to participate in internationally coordinated waterfowl surveys; instructs the Bureau to prepare a report for each Conference of the Contracting Parties summarising available information on the current status of migratory waterfowl populations in order to assist Parties in identifying appropriate wetlands for designation onto the List according to the 1% criterion; encourages Parties to enter into bilateral and multilateral agreements for the conservation of migratory waterfowl; supports the development of the Western Palearctic Waterfowl Agreement under the Bonn Convention (note 6) and urges that similar arrangements be made for other flyways.

Pursuant to the terms of Resolution RES. C.4.4, the Bureau presented a report to the Fifth Meeting of the Conference of the Parties, held in Kushiro in 1993, on the legal aspects of the implementation of Article 5 together with a draft recommendation setting out guidelines on these matters. The draft recommendation was subsequently withdrawn. It was nevertheless decided to refer the question to the Bureau, given that the ideas behind the draft recommendation were extremely important (summary report of Workshop D: WG. C.5.4 Rev.).

However, the Kushiro Conference went on to adopt a number of recommendations on international cooperation in specific regions. Recommendation REC. C.5.1.3 concerns the Lower Danube Basin. This text calls, in particular, on the governments of the riparian states of the Danube to come to "an agreement designed to safeguard the best wildlife sites along the Lower Danube within their territories" and to "consider the need for mandating a Danube Basin Committee or other appropriate body to address the urgent task of establishing a plan for the wise use of the river, including the conservation of its rich wildlife resources and the restoration of natural flood plain features upstream of the delta". In addition, the Government of Ukraine is requested to initiate official and close cooperation with the Danube Delta Biosphere Reserve authorities in Romania "to ensure in the shortest time possible the application of wise management for the complete Danube Delta system".

Recommendation REC. C.5.13 recommends that the Ramsar Bureau take the necessary action to continue to promote and support the intra-regional coordination process in the Ramsar Neotropical region and urges all Contracting Parties in that region to develop coordinated mechanisms to monitor the status of their wetlands.

Recommendation REC. C.5.14 covers Mediterranean wetlands. It notes with interest the MedWet initiative for the conservation of Mediterranean wetlands, an initiative which is carried out jointly by ten partners, namely the Governments of France, Greece, Italy, Portugal and Spain, the Commission of the European Communities, the Ramsar Bureau, the Fondation de la Tour du Valat, IWRB and WWF International. The Conference "welcomes this regional collaboration activity", "urges the ten initial MedWet partners to make the utmost efforts for present MedWet activities to include all Mediterranean countries" and "encourages other Mediterranean Contracting Parties to work closely with the present MedWet partners . . . in particular, to arrest and reverse the degradation and loss of wetlands around the Basin and ensure their wise use".

2. Aid for conservation

a) Integration of wetland conservation into development aid

A key aspect of development aid concerns the impact of development projects financed by bilateral or multilateral mechanisms upon wetlands in developing countries.

Many wetlands have been destroyed or converted for economic gain, even though the benefits of maintaining them in their natural state might often be greater than those obtained from their destruction. If the conservation of such wetlands is to be justified, however, it must first be possible to evaluate their worth. This task requires specialist knowledge and adequate finance, particularly for the preparation of environmental impact assessments.

As early as 1980, Recommendation REC. C.1.6 of the Cagliari Conference recommended that international funding agencies and bilateral and multilateral development aid should also finance assessments of such values in respect of wetlands affected by projected large-scale wetland transformation, before the decision on such projects is made.

At the Groningen Conference in 1984, the Conference of the Parties proceeded from the framework for implementing the Convention (annexed to Recommendation REC. C.2.3) to emphasise the importance of "ensuring that conservation measures are included in development projects where bilateral or multilateral aid programmes to developing countries may affect wetlands, especially through evaluation of environmental effects before any wetland transformation is carried out". "Payment for the necessary conservation measures must be the responsibility of those carrying out the development project".

At its Third Meeting, in Regina in 1987, the Conference of the Parties, "noting that the destruction and loss of wetlands around the world [are] due to development that neglects or underestimates the natural values and functions of wetlands, and that this development continues without taking adequate account of past experiences and traditional lifestyles", adopted a recommendation on the responsibility of development agencies in respect of wetlands. Pursuant to Recommendation REC. C.3.4, these organisations are urged inter alia: to formulate and adopt coherent wetland development policies directed at sustainable utilisation, wise management and conservation of wetlands; to develop guidelines to ensure the integration of environmental aspects in all stages of the project cycle; and to ensure that the funding of projects is preceded by an environmental impact assessment and that the recommended measures are implemented.

In Recommendation REC. C.3.5, the Conference also recommended that the Bureau should request "development agencies to provide the Convention Bureau with information on measures they have taken to integrate environmental aspects at all stages of projects affecting wetlands, including their planning and implementation, and monitoring the effectiveness of these measures". The Bureau must report annually on its activities in this respect to the Contracting Parties.

At its Fourth Meeting, at Montreux in 1990, the Conference noted that in spite of Recommendation REC. C.3.4, "there are still too many instances of MDB-financed projects (note 7) leading directly or indirectly to the loss of critical wetlands, and that MDBs are not generally promoting the wise use and conservation of wetlands in developing countries" (Recommendation REC. C.4.13). The Conference took note of the voting standards adopted by the United States Government directing its representative to the MDBs to oppose projects with significant adverse impacts on wetlands and their important functions and services. In Recommendation REC. C.4.13, the Conference called upon the other Contracting Parties "to ensure that their representatives to the MDBs adopt voting standards in support of the conservation and wise use of wetlands". The same Recommendation, moreover, called upon the Parties to urge MDBs and other development agencies to advance conservation and wise use of wetlands by taking these issues into consideration early in the planning process.

In 1993, the Kushiro Conference adopted Recommendation REC. C.5.5 which notes "the considerable influence and impact of bilateral development assistance on conservation and wise use of wetlands" and therefore calls on "multilateral development banks and development agencies to give even greater priority to the formulation and adoption of coherent wetland development policies, procedures and practices directed at sustainable utilisation, wise management and conservation of wetlands".

Furthermore, Contracting Parties in developed countries are called on "to review their development cooperation policies, in the light of the obligations and opportunities presented by Ramsar, to support country-driven projects with a view to assisting developing countries to fulfil their Ramsar obligations".

b) Development aid programmes

Recommendation REC. C.1.2 of the Cagliari Conference called on Contracting Parties and competent international organisations "to do what they can to enable developing countries to contribute to the Convention and its activities, for example through aid programmes . . . and through support for appropriate training programmes". The same recommendation also called on developing countries "to pay more attention to conservation measures in any request for and programming of assistance".

The "Framework for Implementing the Convention", annexed to Recommendation REC. C.2.3 of the Groningen Conference and duly noted by the Conference, emphasised once again the importance of providing "special assistance to developing countries in the elaboration of their national wetland policies, in conservation and management of listed wetlands and for other aspects of wetland conservation, including data collection, monitoring, research, public awareness, education and training".

Recommendation REC. C.2.3 included amongst its action points for priority attention "the development of a clearinghouse function for special assistance for wetland conservation projects in developing countries". The reason behind this recommendation is that demand for aid for conservation projects often coincides with offers of help from certain countries, but in the absence of a clearinghouse mechanism for the exchange of information, neither the recipient countries nor the potential lenders are aware of the funding opportunities available.

In its Recommendation REC. C.3.4, the Regina Conference in 1987 urged development agencies to create special regional wetland programmes and to "use their influence with borrowing or recipient governments to promote the formulation and adoption of national policies for wise use and conservation of wetlands, to strengthen institutional arrangements and the ecological expertise . . . and to train and educate personnel at project implementation level". Development agencies are also urged to rehabilitate those wetlands which have become degraded through non-sustainable development (Recommendation REC. C.3.5).

The Conference then recommended that the Bureau should encourage funding agencies to fund projects for the conservation and wise use of wetlands, "to act as a link between potential donors and recipients", to promote "the use of development assistance for demonstration projects that illustrate the principles of wise use of wetlands" and to promote "wise use and conservation of wetlands among development agencies". The Bureau must report annually on its activities in this respect to the Contracting Parties.

The Montreux Conference in 1990 in its turn strongly supported "the establishment of closer links with the Commission of the European Communities with a view to the . . . provision of technical assistance for wetland conservation and wise use of wetlands in developing countries" (Recommendation REC. C.4.11). Recommendation REC. C.4.13 calls on Contracting Parties to pursue the said Recommendation REC. C.3.4 in a more rigorous and systematic way and to "urge MDBs and the other development agencies to advance conservation and wise use of wetlands through improved technical assistance".

The Kushiro Conference in 1993 focused on the problems of countries whose economy is in transition (Recommendation REC. C.5.5). With regard to such countries which are Contracting Parties or future Contracting Parties, developed country Parties are urged to strengthen bilateral and multilateral cooperation, also in the field of wetland conservation, given the recognised need for financial support for wetland conservation in those countries.

All Contracting Parties are recommended to consider including representatives of ministries responsible for granting or receipt of development assistance in their delegations to meetings of the Conference of the Contracting Parties. Lastly, ministries responsible for environmental issues and/or development assistance are called on to formulate and coordinate their policies in the light of that recommendation.

c) Wetland Conservation Fund

Recognising that measures necessary to assure the conservation and wise use of wetlands may often require resources beyond those available to developing countries, the Montreux Conference decided in 1990 to establish a Wetland Conservation Fund (Resolution RES. C.4.3). This Fund, administered by the Bureau under the supervision of the Standing Committee, shall be used only to provide assistance to developing countries, upon official request from a competent national authority, for activities in furtherance of the purposes of the Convention.

Any developing country that is a Contracting Party may apply for an allocation from the Fund to support wetland conservation activities. These activities may be intended inter alia to improve the management of listed sites or to promote the wise use of wetlands. In principle, the Fund is for the use of Contracting Parties only, but any developing country that is seeking to accede to the Convention may apply for a grant from the Fund to support activities necessary for the identification, delineation and mapping of a site to be included on the List of Wetlands of International Importance. All applications for allocations from the Fund shall be reviewed and decided by the Standing Committee, under such procedures as it may prescribe.

The Fourth Conference of the Parties decided that a token budgetary allocation of 10,000 Swiss francs should be made to the Fund from the Convention budget each year in the 1991-1993 triennium. It urged that this amount be "augmented by substantial voluntary contributions" ("Resolution on Financial and Budgetary Matters", annex to DOC. C.4.13).

These voluntary contributions amounted to 20,500 Swiss francs in 1990, 251,000 Swiss francs in 1991, 334,500 Swiss francs in 1992, and 411,000 Swiss francs in 1993. They enabled the Standing Committee to approve seven applications for funding in 1991, twelve in 1992, and thirteen in 1993.

The Fifth Meeting of the Conference of the Parties decided that a budgetary allocation of 100,000 Swiss francs should be made to the Fund for each year in the 1994-1996 triennium, namely ten times the sum allocated during the preceding triennium. It also noted that voluntary contributions were inadequate and underlined the need to increase the amount of resources available to the Fund to at least US$ 1 million annually. At its present level, the Fund is able only to fund small projects normally up to about 40,000 Swiss francs in value.

The Conference therefore adopted Resolution RES. C.5.8, whereby it stated its conviction that other Contracting Parties should follow the example of those Parties which are already making voluntary contributions to the Fund and urged the latter to make substantial increases to their contributions. The resolution also reiterates the need for major contributions from other outside sources. Lastly, it resolved that "developing countries continue to be the main focus of the Ramsar Wetland Conservation Fund . . . and that countries whose economy is in transition be assisted and supported through voluntary contributions by developed countries (through bilateral arrangements) or multilateral agencies, and that funds so donated may be channelled through the Ramsar Convention for administrative purposes where appropriate".

The types of projects qualifying for assistance from the Fund, the application procedure for funding, the criteria for allocating funds and the rules of financial management to be followed by those administering the Fund are determined by the operational guidelines adopted by the Standing Committee.

The need to establish guidelines was recognised by the Standing Committee at its Ninth Meeting, at Slimbridge in 1990, shortly after the Montreux Conference and the Committee commissioned a Working Group to draw them up. The text produced