Protecting Biological Diversity Through Law
Protecting Biological Diversity Through Law
Environmental awareness is low amongst Jamaicans, particularly with regard to the legislative framework. In 1991, Jamaica?s first piece of overarching environmental legislation, the Natural Resources Conservation Authority (NRCA) Act, was passed with the intention to consolidate various laws and responsible government agencies into a single regulatory framework. In 2001, the NRCA was then merged with two other government agencies to become the National Environment and Planning Agency (NEPA).

Monitoring, enforcement of and compliance with environmental laws is inadequate in Jamaica. Without effective environmental monitoring and enforcement, natural resources are degraded. Moreover, Jamaicans do not have a tradition of conducting advocacy campaigns to challenge decisions which damage natural resources and violate their environmental rights. Citizens are ignorant of their legal rights and responsibilities and are reluctant to use the law to address a range of environmental problems. Others are unable to afford the costs associated with litigation. As a consequence, despite daily violations of environmental laws in Jamaica, regulatory response remains ineffective.

Failure to build effective environmental advocacy and jurisprudence has had a number of effects. Local citizens have been denied access to coastal areas and traditional livelihoods (such as fishing) as a result of tourism development. Poor planning decisions have led to land degradation, loss of biodiversity and destruction of coastal resources, such as wetlands, sea grass beds and coral reefs. The public participation process is weak and citizens are not empowered to affect development decisions nor embark on their own conservation ventures. Citizens need advice on how to get information that affects their communities and legal guidance. Lastly, the Environmental Impact Assessment process is problematic and needs review.

This project seeks to prevent land degradation and loss of biodiversity and reverse other negative environmental consequences through law: This project seeks to build on the work done in the first two phases of JET?s law and advocacy programme. The main goals are: -

(1) To empower citizens and community groups to advocate on environmental issues in order to prevent land degradation and loss of biodiversity;
(2) To build environmental jurisprudence in Jamaica in order to improve environmental governance and regulation.

The methods the project will use are as follows:-

(1) To coordinate an advocacy network among environmental and community based groups to encourage citizen advocacy on environmental issues;
(2) To conduct one advocacy campaign on an issue affecting biodiversity or land degradation
(3) To give legal advice to citizen groups on coastal and marine issues that affect their access to the coastline, well-being and access to traditional livelihoods, using a community guide to Jamaica?s environmental laws and training workshops;
(3) To use the Access to Information Act 2002 {and Regulations} to obtain information on developments that may affect important natural resources, on behalf of affected citizens;
(4) To monitor and review large coastal developments, in order to ensure they are correctly sited, environmental permits are issued in accordance with the law, permits are monitored and the conditions enforced, community members are able to participate in decision making at formative stages and, Environmental Impact Assessments are thorough and adhered to;
(5) To file one legal action to establish important precedents of law and improve compliance, enforcement and monitoring by government regulators.
 

Project Snapshot

Grantee:
Jamaica Environment Trust
Country:
Jamaica
Area Of Work:
Multifocal Area
Biodiversity
Grant Amount:
US$ 25,000.00
Co-Financing Cash:
US$ 25,800.00
Co-Financing in-Kind:
US$ 11,754.00
Project Number:
JAM/OP3/2/06/21
Status:
Satisfactorily Completed
Project Characteristics and Results
Inovative Financial Mechanisms
No
Gender Focus
No
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Indicators
Biophysical
Number of national policies informed in biodiversity focal area 1
Empowerment
Number of CBOs / NGOs participated / involved in SGP project 5
Empowerment
Number of women participated / involved in SGP project 199
Livehood
Number of households who have benefited* from SGP project 150
Livehood
Number of individuals (gender diaggregated) who have benefited* from SGP project 441

SGP Country office contact

Ms Hyacinth Y Douglas
Phone:
(876) 978-2390-9 ext. 2030
Email:
Ms. Faradaine Forbes-Edwards
Email:

Address

1-3 Lady Musgrave Road
Kingston 5, LA and the Caribbean