UNIVERSITY OF ZIMBABWE

FACULTY OF ENGINEERING

DEPARTMENT OF MECHANICAL ENGINEERING

MASTER OF SCIENCE IN MANUFACTURING SYSTEMS AND

OPERATIONS MANAGEMENT

NAME : PHILLIP MACHINYA

STUDENT NUMBER : R191603J

LECTURER : ENG. MUGWINDIRI

MSOM 503 : CLEANER PRODUCTION

INDIVIDUAL ASSIGNMENT 2
Describe the migration from Agenda 21 to Cleaner Production, briefly describing the roles of
Cleaner Production centres in the world, and the role of UNEP, find UNEP at www.unep.org. Also
discuss the issue of voluntary compliance versus licenceship/permits. How has Environmental
legislation and environmental policy in general, and for Zimbabwe in particular, shaped this
migration.

Agenda 21 is a global action plan for sustainable development into the 21st century. Sustainable
development is a process that aims to meets the needs of the present generation without harming
the ability of future generations to meet their needs. It is not only about particular environmental
issues such as species extinction and pollution but also about economic progress which meets all our
needs without leaving future generations with fewer resources than we enjoy. It forms the basis for
a global partnership to encourage cooperation among nations as they support a transition to
sustaining life on earth. The central belief is that all countries can protect the environment while
simultaneously experiencing growth

The United Nations Environment Programme (UNEP) defines Cleaner Production as the continual
application of an integrated environmental prevention strategy in processes, products and services,
with the aim of reducing risks for humans and the environment, to increase the company's
competitiveness and guarantee its economic viability. This allows:

 Savings in raw materials, water and energy.

 The disposal, reduction and/or replacement of hazardous materials.

 The reduction in quantity and hazardousness of waste and emissions.

 The reduction of impact during a product's life cycle, from the reception of raw materials to
the final waste product. The incorporation of environmental criteria in the design and
distribution of services.

Cleaner production is a strategic tool of business policy, which integrates the environment in the
global management of the company and enables it to maintain or improve competitiveness in a
framework of sustainability of the environment. This concept of integrated environmental
prevention is known by several names of very similar meaning: minimisation, reduction at source,
pollution prevention, cleaner production, ecoefficiency, etc.

The migration to Cleaner Production was initiated by the increasing recognition that production,
technology and management that use resources inefficiently form residues that are not reused,
discharge wastes that have adverse impacts on human health and the environment and
manufacture products that when used have further impacts and are difficult to recycle, need to be
replaced with technologies, good engineering and management practices and know-how that would
minimize waste throughout the product life cycle. The concept of cleaner production implies striving
for optimal efficiencies at every stage of the product life cycle. A result would be the improvement of
the overall competitiveness of the enterprise. The need for a transition towards cleaner production
policies also recognized at the UNIDO-organized ministerial-level Conference on Ecologically
Sustainable Industrial Development.

Role of UNEP and Cleaner Production Centres in the world in CP

Since its creation in 1972, UNEP had always had a mandate to encourage economic growth
compatible with protection of the environment. But this element of UNEP’s role was considerably
enhanced by the Earth Summit of world leaders who met in Rio in 1992 and placed great emphasis
on promoting development that did not compromise the quality of life of future generations

UNEP/UNIDO National Cleaner Production Centres – NCPC’s Since 1995 the United Nations Industrial
Development Organization (UNIDO), together with the United Nations Environment Programme
(UNEP) and in partnership with the governments have provided management support to the
creation of several National Cleaner Production Centres (NCPC’s) in many countries. These NCPC’s
act as clearing houses to exchange sectoral experiences, technical information and share CP
expertise. They jointly develop information strategies and evaluate their worldwide experience in
terms of policy advice. They are inter-linked through the NCPC programme net server and electronic
mail. Their staffs regularly meet with technical institutes to exchange ideas and information on new
CP developments, provide training and upgrade their skills. The main activities of these centres are:

 To carry out in-plant assessments in cooperation with enterprise staff, identifying wasteful
processes and profitable solutions. Enterprises implement the tailor-made CP measures with
the support from the NCPCs. The introduction of economically successful CP measures,
together with information dissemination on alternative technologies, constitute the core
activities of the NCPCs;
 To provide tools and methods for continuous improvement of the production process
through training workshops for enterprises, as well as CP training programmes for
governments, universities, business organizations and financial institutions;
 To disseminate information in the local languages, providing on-the-spot access to technical
documentation, databases and other sources of information, advising organizations on the
appropriate ways to implement CP schemes, and disseminating information through
 seminars, newsletters, brochures and through cooperation with the national media, industry
associations, training institutes and universities;
 To advise government organizations, financial institutions and environmental management
agencies on policies and strategies to include provisions for CP measures and economic
incentives in the national legislation. Through their links with UNIDO and UNEP, NCPC’s are
informed about the latest information and expected trends in international and national
legislation and can therefore help local enterprises to comply with new or revised legislation.

Voluntary compliance versus licenceship/permits.

Compliance Obligations are made up of both voluntary and mandatory requirements related to the
environmental aspects and activities. Mandatory compliance obligations are legal requirements
promulgated and enforced by federal, state or local government authorities. Examples include
requirements to obtain an environmental permit and permit applications such as Notice of
Registration for hazardous waste generators, storage of bulk flammable chemicals as found in Fire
Code and consent orders.

Regulatory bodies such as EMA, MCAZ etc. enforce compliance through issue of permits after an
organization has complied to a certain law. This is effective but requires a lot of resources i.e.
humans policing the organizations. The use of penalties to non-complying organization is also used
to deter would be offenders.

Voluntary compliance obligations are other requirements to which an organization subscribe such as
organizational requirements (administrative directives), agreements with customers, voluntary non-
regulatory guidelines, and community group and trade group’s guidelines.

This gives a good image of the organization to the public as well as regulatory authorities of related
laws. Some organization would view this as waste of resources as it is voluntary however the
advantages outweighs the disadvantages. Usually when new international standards are set,
organization adhere to them voluntarily, this is a good sign of commitment and also will make the
pace setters even when the obligations become mandatory.

In Zimbabwe through ISO 14001 organization are going the voluntary way however due to economic
situation most organization are not willing to commit resources on issues that are not mandatory.
Also regulatory bodies are falling short in policing the mandatory compliance obligations within
industry.
How has Environmental legislation and environmental policy in general, and for Zimbabwe in
particular, shaped this migration.

Protection of environment has become a major part of international law. International

Environmental Law (IEL) is concerned with the attempt to control pollution and the depletion of
natural resources within a framework of sustainable development. It is a branch of public
international law - a body of law created by states for states to govern problems that arise between
states. IEL covers topics such as population, biodiversity, climate change, ozone depletion, toxic and
hazardous substances, air, land, sea and transboundary water pollution, conservation of marine
resources, desertification, and nuclear damage.

Prior to 1992 there were a few international agreements on environment protection. The United
Nations Conference on Environment and Development (UNCED) held a conference in Rio de Janeiro
in 1992 which was attended by 176 states and several thousand nongovernmental organizations.
The Rio Conference adopted two legally binding treaties, the Convention on Biological Diversity and
the Framework Convention on Climate Change, and three nonbinding instruments, the Rio
Declaration, the Principles on Forests, and the AGENDA 21. The international agreements negotiated
thereafter mostly reflect commonality of global interests in maintaining the robustness and integrity
of our planets and set up procedures through monitoring the health of environment and provide
benefits to all parties.

However, there are quite a lot of differences among states while allocating the burdens and benefits,
which were identified at the Rio Conference meetings. It is expected that the international legal
instrument will continue to become diverse and will continue to adopt new approaches, procedures
and duties in international environmental accords. Below are some of the international
environmental laws:

SUB-TOPICS FOR
INTERNATIONAL TREATIES AND AGREEMENTS
ENVIRONMENTAL LAW

1. HAZARDOUS WASTE Basel Convention (** 1989)

Basel Convention Amendment (1995)

Protocol on Liability and Compensation for Damage Resulting

from Transboundary Movements of Hazardous Wastes

(1999)
2. NUCLEAR WASTE *Convention on Nuclear Safety (1994)

*Joint Convention on the Safety of Spent Fuel Management and

on the Safety of Radioactive Waste Management (2001)

Convention on Third Party Liability in the Field of Nuclear

Energy [“Paris Convention”](1960)

Protocol to Amend the Paris Convention (2004)

3. OCEAN AND *Agreement for the Establishment of the Indo-Pacific Fisheries

Council (1948) and Amendments (1961)
MARINE SOURCES
Agreement Instituting the Latin American Organization for
Fisheries Development (OLDEPESCA) (1982)

*Convention for the Conservation of Salmon in the North

Atlantic (1982)

Convention for the Conservation of Southern Bluefin Tuna

(1993)

Convention for the Prevention of Marine Pollution from Land-

Based Sources (1974) & “OSPAR” Convention (1992)

UNECE Water Convention (1992) and Amendment (2003)

UN Convention on the Law of the Non-navigational Uses of

International Watercourses (1997)

4. OZONE AND PROTECTION OF *Convention for the Protection of the Ozone Layer [“Vienna
THE ATMOSPHERE Convention”] (1985)

*Geneva Convention on Long-Range Transboundary Air

Pollution (1979)

Kyoto Protocol to the United Nations Framework Convention

(1997)

*Montreal Protocol (1987), *London Amendment (1990),

*Copenhagen Amendment (1992), *Montreal Amendment
(1997), and *Beijing Amendment (1999)

*United Nations Framework Convention on Climate Change

(1992)

5. POLLUTION Stockholm Convention on Persistent Organic Pollutants (2001)

International Convention for the Prevention of Pollution from

 Ships (1973) & 1978 Protocol (“MARPOL”)

*International Convention Relating to Intervention on the High

Seas in Cases of Oil Pollution Casualties (1969) and Protocol
(1973)

International Convention on Civil Liability for Bunker Oil

Pollution Damage (2001)

International Convention on Civil Liability for Oil Pollution

Damage (1969) & Protocols of 1976, 1984, 1992, and 2000
Amendments

*Minamata Convention on Mercury (2013)

6. PROTECTION OF SPECIES AND Agenda 21: Programme of Action for Sustainable Development
WILDLIFE (1992), Rio Declaration on Environment and Development
(1992), and the Statement of Principles for the Sustainable
Management of Forests (1992)

Cartagena Protocol on Biosafety (2000)

Convention on Biological Diversity (1992)

*North American Agreement on Environmental Cooperation

(1993)

*United Nations Convention to Combat Desertification in

Countries Experiencing Serious Drought (1994)

7. SUSTAINABLE DEVELOPMENT Agenda 21: Programme of Action for Sustainable Development

(1992), Rio Declaration on Environment and Development
(1992), and the Statement of Principles for the Sustainable
Management of Forests (1992)

*Convention on the Conservation of Antarctic Marine Living

Resources (1980)

*Convention on Wetlands of International Importance

especially as Waterfowl Habitat (“Ramsar”) (1971), *Paris
Protocol (1982), and Regina Amendments (1987)

Rio Declaration on Environment and Development (1992)

*Antarctic Treaty (1959) & *Protocol on Environmental

Protection (1991)

8. TRADE & THE ENVIRONMENT *Convention on Int’l Trade in Endangered Species of Wild Fauna
 and Flora [“CITES”] (1973)

*North American Agreement on Environmental Cooperation

[“NAAEC”] (1993)

Aarhus Convention on Access to Information, Public

Participation in Decision-Making and Access to Justice in
Environmental Matters (1998)

Environmental Legislation in Zimbabwe

The Government of Zimbabwe signed the UNFCCC at the Earth Summit in Rio de Janeiro in 1992 and
ratified it on 5 November 1992. It is committed to fulfil its obligations as laid in the Convention. The
country has accepted the global principle of common and differentiated responsibility. Further,
Zimbabwe has adopted the precautionary principle. This implies early appropriate action to be taken
so as to mitigate possible future climate change damage.

The constitution of Zimbabwe of 2000 had no specific clause that provides for the protection of the
environment nor did the Natural resources Act (1941) (now repealed) directly cover environmental
impact assessment EIAs. Consequentially EIAs were not a legal requirement in Zimbabwe, in
recognition of this short coming the government published an EIA policy in 1997 and associated
guidelines. In 2002 the government promulgated the Environment Management Act.

Environmental legislation is administered by various Government Departments in various ministries.

The Ministry of Environment and Tourism, however, administers most of those acts that deal with
the environment directly. Zimbabwe is different from most Southern African countries in that its
environmental legislation is comprehensive, and covers all the most important areas. There are
nearly 20 Acts and nearly 40 statutory laws that are used in the country. Of the most importance is
the Environmental Management Act / EMA Act, 2002 which provides for the establishment of an
appropriate legal and institutional framework for the management of the environment and related
matters. It is a framework environmental legislation that establishes appropriate legal and
institutional mechanisms for the management of the environment. It provides for improved legal
and administrative co-ordination of the diverse sectoral initiatives in order to improve the national
capacity for the management of the environment. This is in view of the fact that the environment
constitutes the foundation of national economic, social, cultural and spiritual advancement. Other
also of interest are include the Natural Resources Act, Forest Act, Hazardous Substances and Articles
Act, Atmospheric Pollution Prevention Act, Water Act and Communal Land Act.

The legislation in Zimbabwe is fairly sufficient for sustainability but enforcing is the problem. The
economic situation has forced shortcuts in environmental management for example small scale
miners are issued permits to mine without EIAs. The industry does not have money to change
technology from end of pipe pollution control to Cleaner production technology.

The economic crisis has forced the government to relax these laws to lure investors. This is against
the IEL and also EMA Act.