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ANNEXES

ANNEX I

REPORT OF THE CREDENTIALS COMMITTEE

1. At its 1st plenary meeting, held on 5 June 1972, the United Nations Conference on the Human Environment, in accordance with rule 4 of its rules of procedure, appointed a Credentials Committee. The Committee was composed of the following States: Australia, Colombia, France, Ireland, Liberia, Sudan, Syrian Arab Republic, United States of America and Yugoslavia.

2. The Credentials Committee met on 15 June 1972 with all members present. It unanimously elected T. S. O'Hodhrain (Ireland) as Chairman.

3. The following information was provided to the Committee by the Secretary-General of the Conference:

(a) Formal credentials from 88 States, signed by the Head of State, Head of Government or Foreign Minister, had been submitted in accordance with rule 3 of the rules of procedure of the Conference;

(b) Cables had been received from 16 States, signed by the Head of State. Head of Government or Foreign Minister, informing the SecretaryGeneral of the Conference cf the accreditation of the delegation and indicating that formal credentials were being submitted;

(c) Cables had been received from 2 States, signed by the Head of State, Head of Government or Foreign Minister, informing the SecretaryGeneral of the Conference of the accreditation of the delegation and requesting that the cable be accepted as credentials. In his reply, the Secretary-General of the Conference indicated that while the cable might be accepted provisionally, formal credentials in accordance with rule 3 of the rules of procedure should be submitted;

(d) With respect to 4 States, the Secretary-General of the Conference had received assurances from the Heads of Delegations concerned that credentials in due form had been established and were being transmitted to him.

5. Representatives of 3 States whose names had been forwarded to the Secretary-General of the Conference but for whom no formal credentials had been received were no longer present at the Conference. The Secretary-General of the Conference had received an indication that another State would participate but it was not represented at the Conference.

6. The Chairman proposed that, in accordance with usual United Nations practice and the practice of conferences convened under its auspices, the Committee should adopt the following draft resolution:

"The Credentials Committee,

"Having examined the credentials of the representatives to the United Nations Conference on the Human Environment,

"Accepts under the terms of rule 3 of the rules of procedures the credentials of all representatives to the United Nations Conference on the Human Environment and recommends to the Conference that it approve the report of the Credentials Committee."

7. The draft resolution proposed by the Chairman was adopted unanimously. 8. The Chairman then proposed that the Credentials Committee should recommend to the Conference the adoption of the following draft resolution:

"The United Nations Conference on the Human Environment Approves the report of the Credentials Committee."

9. The Committee unanimously approved the recommendation.

10. The Credentials Committee accordingly recommends to the Conference the adoption of the draft resolution given in paragraph 8 above.

ANNEX II

REPORT OF THE WORKING GROUP ON THE DECLARATION ON THE HUMAN ENVIRONMENT 1. The Working Group on the Declaration on the Human Environment was established by the United Nations Conference on the Human Environment at its 7th plenary meeting, on 8 June 1972, in accordance with a proposal of China as orally modified by Iran. Under that revised proposal, the Conference had resolved to devote more time, as appropriate, to the discussion of the draft Declaration, and

for that purpose, to set up a working group open to all States participating in the Conference.

2. The Working Group elected the following officers: Taieb Slim (Tunisia), Chairman; Fereydoun Hoveyda (Iran) and Benítez Vinveza (Ecuador), ViceChairmen ; and T. C. Bacon (Canada), Rapporteur.

3. The Working Group had before it the draft Declaration on the Human Environment prepared by the Intergovernmental Working Group (A/CONF.48/4) and submitted to the Conference by the Preparatory Committee for consideration and further action.

4. The Working Group held a total of 15 meetings, from 9 to 15 June 1972. After a general discussion of the scope and content of the proposed Declaration, it proceeded to a detailed examination of the preambular paragraphs and specific principles and of new proposals and suggested amendments. Informal consultations were also held.

5. A number of amendments and proposals were adopted by the Working Group and included, as approved, in the draft text. The resulting text, which represents the general consensus of the Group, is appended to this report. Reservations were expressed with respect to the principle 1 by South Africa, principle 2 by Uruguay, principle 15 by Portugal and the United States of America, principle 21 by Turkey and principle 24 by China.

6. It was not possible to obtain agreement on the text of principle 20 as contained in the basic text (A/CONF.48/4), and the amendments submitted during the Conference. The Working Group agreed, on the proposal of Uruguay, that it should recommend to the plenary Conference the referral of the principle to the United Nations General Assembly for consideration.

7. With regard to principle 21 of the text proposed in document A/CONF.48/4, the Group was informed that, in spite of private negotiations, no consensus could be confirmed. The basis for discussion was a suggested formulation reading as follows:

"Man and his environment must be spared the effects of nuclear weapons and all other means of mass destruction. States must strive to reach prompt agreement, in the relevant international organs, on the elimination and complete destruction of such weapons."

One delegation opposed the text, considering it inadequate, and underlined the necessity of referring also to biological and chemical weapons and of providing for the nonutilization of nuclear weapons and other means of mass destruction. It suggested that fuller discussion was needed. It was agreed that the matter should be referred to the plenary Conference for action.

APPENDIX

DRAFT DECLARATION ON THE HUMAN ENVIRONMENT

The United Nations Conference on the Human Environment,

Having met at Stockholm from 5 to 16 June 1972,

Haring considered the need for a common outlook and for common principles to inspire and guide the peoples of the world in the preservation and enhancement of the human environment,

Proclaims that:

I

1. Man is both creature and moulder of his environment, which gives him physical sustenance and affords him the opportunity for intellectual, moral, social and spiritual growth. In the long and tortuous evolution of the human race on this planet a stage has been reached when, through the rapid acceleration of science and technology, man has acquired the power to transform his environment in countless ways and on an unprecedented scale. Both aspects of man's environment, the natural and the man-made, are essential to his well-being and to the enjoyment of basic human rights-even the right to life itself.

2. The protection and improvement of the human environment is a major issue which affects the well-being of people and economic development throughout the world; it is the urgent desire of the peoples of the whole world and the duty of all Governments.

3. Man has constantly to sum experience and go on discovering, inventing, creating and advancing. In our time man's capability to transform his surroundings, if used wisely, can bring to all peoples the benefits of development and the opportunity to enhance the quality of life. Wrongly or heedlessly applied, the

same power can do incalculable harm to human beings and the human environment. We see around us growing evidence of man-made harm in many regions of the earth: dangerous levels of pollution in water, air, earth and living beings; major and undesirable disturbances to the ecological balance of the biosphere: destruction and depletion of irreplaceable resources; and gross deficiencies harmful to the physical, mental and social health of man, in the man-made environment, particularly in the living and working environment.

4. In the developing countries most of the environmental problems are caused by underdevelopment. Millions continue to live far below the minimum levels required for a decent human existence, deprived of adequate food and clothing, shelter and education, health and sanitation. Therefore, the developing countries must direct their efforts to development, bearing in mind their priorities and the need to safeguard and improve the environment. For the same purpose, the industrialized countries should make efforts to reduce the gap between themselves and the developing countries. In the industrialized countries, environmental problems are generally related to industrialization and technological development.

5. The natural growth of population continuously presents problems on the preservation of the environment, but with the adoption of appropriate policies and measures these problems can be solved. Of all things in the world, people are the most precious. It is the people that propel social progress, create social wealth, develop science and technology and, through their hard work, continuously transform the human environment. Along with social progress and the advance of production, science and technology, the capability of man to improve the environment increases with each passing day.

6. A point has been reached in history when we must shape our actions throughout the world with a more prudent care for their environmental consequences. Through ignorance or indifference we can do massive and irreversible harm to the earthly environment on which our life and well-being depend. Conversely, through fuller knowledge and wiser action, we can achieve for ourselves and our posterity a better life in an environment more in keeping with human needs and hopes. There are broad vistas for the enhancement of environmental quality and the creation of a good life. What is needed is an enthusiastic but calm state of mind and intense but orderly work. For the purpose of attaining freedom in the world of nature, man must use knowledge to build in collaboration with nature a better environment. To defend and improve the human environment for present and future generations has become an imperative goal for mankind—a goal to be pursued together with, and in harmony with, the established and fundamental goals of peace and of world-wide economic and social development. 7. To achieve this environmental goal will demand the acceptance of responsibility by citizens and communities and by enterprises and institutions at every level, all sharing equitably in common efforts. Individuals in all walks of life as well as organizations in many fields, by their values and the sum of their actions, will shape the world environment of the future. Local and national governments will bear the greatest burden for large-scale environmental policy and action within their jurisdictions. International co-operation is also needed in order to raise resources to support the developing countries in carrying out their responsibilities in this field. A growing class of environmental problems, because they are regional or global in extent or because they affect the common international realm, will require extensive co-operation among nations and action by international organizations in the common interest. The Conference calls upon the Governments and peoples to exert common efforts for the preservation and improvement of the human environment, for the benefit of all the people and for their posterity. II

PRINCIPLES

States the common conviction that:

1. (ex 1) Man has the fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being, and bears a solemn responsibility to protect and improve the environment for present and future generations. In this respect, policies promoting or perpetuating apartheid, racial segregation, discrimination, colonial and other forms of oppression and foreign domination stand condemned and must be eliminated.

The natural resources of the earth, including the air, water, land, a and especially representative samples of natural ecosystems, "ded for the benefit of present and future generations through management, as appropriate.

ity of the earth to produce vital renewable resources must be ver practiable restored or improved.

pecial responsibility to safeguard and wisely manage the 'ts habitat which are now gravely imperilled by a com3. Nature conservation including wildlife must therelanning for economic development.

resources of the earth must be employed in such danger of their future exhaustion and to ensure nt are shared by all mankind.

substances or of other substances and the re›ncentrations as to exceed the capacity of the s, must be halted in order to ensure that Alicted upon ecosystems. The just struggle lution should be supported.

le steps to prevent pollution of the seas e hazards to human health, to harm living age amenities or to interfere with other legi

social development is essential for ensuring a favourKing environment for man and for creating conditions on cessary for the improvement of the quality of life.

Environmental deficiencies generated by the conditions of underdet and natural disasters pose grave problems and can best be remedied accelerated development through the transfer of substantial quantities of nnancial and technological assistance as a supplement to the domestic effort of the developing countries and such timely assistance as may be required.

10. (new) For the developing countries, stability of prices and adequate earning for primary commodities and raw material are essential to environmental management since economic factors as well as ecological processes must be taken into account.

11. (ex 8) The environmental policies of all States should enhance and not adversely affect the present or future development potential of developing countries, nor should they hamper the attainment of better living conditions for all, and appropriate steps should be taken by States and international organizations with a view to reaching agreement on meeting the possible national and international economic consequences resulting from the application of environmental measures.

12. (ex 9) Resources should be made available to preserve and improve the environment, taking into account the circumstances and particular requirements of developing countries and any costs which may emanate from their incorporating environmental safeguards into their development planning and the need for making available to them, upon their request, additional international technical and financial assistance for this purpose.

13. (ex 10) In order to achieve a more rational management of resources and thus to improve the environment, States should adopt an integrated and coordinated approach to their development planning so as to ensure that development is compatible with the need to protect and improve the human environment for the benefit of their population.

14. (ex 11) Rational planning constitutes an essential tool for reconciling any conflict between the needs of development and the need to protect and improve the environment.

15. (ex 12) Planning must be applied to human settlements and urbanization with a view to avoiding adverse effects on the environment and obtaining maximum social, economic and environmental benefits for all. In this respect projects which are designed for colonialist and racist domination must be abandoned. 16. (ex 13) Demographic policies, which are without prejudice to basic human rights and which are deemed appropriate by Governments concerned, should be applied in those regions where the rate of population growth or excessive population concentrations are likely to have adverse effects on the environment or development, or where low population density may prevent improvement of the human environment and impede development.

17. (ex 14) Appropriate national institutions must be entrusted with the task of planning, managing or controlling the environmental resources of States with the view to enhancing environmental quality.

18. (ex 15) Science and technology, as part of their contribution to economic and social development, must be applied to the identification, avoidance and control of environmental risks and the solution of environmental problems and for the common good of mankind.

19. (ex 16) Education in environmental matters, for the younger generation as well as adults, giving due consideration to the underprivileged, is essential in order to broaden the basis for an enlightened opinion and responsible conduct by individuals, enterprises and communities in protecting and improving the environment in its full human dimension.

20. (ex 17) Scientific research and development in the context of environmental problems both national and multinational, must be promoted in all countries, especially the developing countries. In this connexion, the free flow of up-to-date scientific information and experience must be supported and assisted, to facilitate the solution of environmental problems; environmental technologies should be made available to developing countries on terms which would encourage their wide dissemination without constituting an economic burden on the developing countries.

21. (ex 18) States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.

22. (ex 19) States shall co-operate to develop further the international law regarding liability and compensation for the victims of pollution and other environmental damage caused by activities within the jurisdiction or control of such States to areas beyond their jurisdiction.

23. (new) Without prejudice to such general principles as may be agreed upon by the international community, or to the criteria and minimum levels which will have to be determined nationally, it will be essential in all cases to consider the systems of values prevailing in each country, and the extent of the applicability of standards which are valid for the most advanced countries but which may be inappropriate and of unwarranted social cost for the developing countries.

24. (22) International matters concerning the protection and improvement of the environment should be handled in a co-operative spirit by all countries, big or small, on an equal footing. Co-operating through multilateral or bilateral arrangements or other appropriate means is essential to prevent, eliminate or reduce and effectively control adverse environmental effects resulting from activities conducted in all spheres, in such a way that due account is taken of the sovereignty and interests of all States.

25. (ex 23) States shall ensure that international organizations plav a coordinated, efficient and dynamic role for the protection and improvement of the environment.

ANNEX III

GENERAL PRINCIPLES FOR ASSESSMENT AND CONTROL OF MARINE POLLUTION

1

A set of general principles for assessment and control of marine pollution should be accepted and endorsed by Governments.

The definition of marine pollution employed by the United Nations is "the introduction by man, directly or indirectly, of substances or energy into the marine environment (including estuaries) resulting in such deleterious effects as harm to living resources, hazards to human health, hindrance to marine activities including fishing, impairment of quality for use of sea water, and reduction of amenities".

The following principles were suggested by the Intergovernmental Working Group on Marine Pollution (November 1971) as guiding concepts representing a basis for general agreement.

(1) Every State has a duty to protect and preserve the marine environment and, in particular, to prevent pollution that may affect areas where an internationally shared resource is located.

1 Excerpt from document A/CONF.48/8, para. 197.

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