Protocol for the Conservation and Management of Protected Marine and Coastal Areas of the South-East Pacific (1989)
Adopted at Paipa (Colombia) on 21 September 1989
The High Contracting Parties,
Recognizing the need to adopt appropriate measures for the
protection and preservation of those ecosystems which are fragile,
vulnerable or of unique natural value, and flora and fauna threatened
by depletion and extinction,
Considering that it is in the common interest to endeavour to
manage coastal areas on the basis of a rational assessment of the
proper balance between conservation and development,
Considering it necessary to establish protected areas with
special emphasis on parks, reserves, flora and fauna sanctuaries and
other such areas,
Bearing in mind that all activities liable to have adverse
effects on the ecosystem, flora and fauna and their habitat must be
Bearing in mind the 1981 Convention for the Protection of the
Marine Environment and Coastal Area of the South-East Pacific,
Have agreed as follows:
The area to which this Protocol applies shall be the maritime
area of the South-East Pacific within the 200-mile maritime zone over
which the High Contracting Parties exercise sovereignty and
This Protocol shall also apply to the entire continental shelf
when the High Contracting Parties extend it beyond their 200 miles.
The coastal zone, where interaction between land, sea and the
atmosphere is ecologically apparent, shall be determined by each State
Party, in accordance with the relevant scientific and technical
The High Contracting Parties undertake, either individually or
through bilateral or multilateral co-operation, to adopt appropriate
measures in accordance with the provisions of this Protocol in order
to protect and preserve those ecosystems which are fragile, vulnerable
or of unique natural or cultural value, with particular emphasis on
flora and fauna threatened by depletion or extinction, and shall
conduct studies for the purpose of restoring the environment or
restocking flora and fauna, where necessary;
To this end, the High Contracting Parties shall
under their protection in the form of parks, reserves, flora and fauna
sanctuaries and other such areas. In these areas integration
management shall be established on the basis of studies and
inventories of their resources, with a view to ensuring their
sustained development, and any activity liable to have adverse effects
on the ecosystem, flora and fauna or their habitat, shall be
Information on protected areas
The High Contracting Parties undertake to provide each other,
through the Executive Secretariat of this Protocol, with information
on the designation of protected areas, specifying the relevant factors
which were taken into account in making the designation, such as the
importance of the areas from the scientific, ecological, economic,
historical, archaeological, cultural, educational, touristic,
aesthetic or other point of view.
The information provided by the High Contracting Parties shall
indicate the effects that it may have on the environment, coastal
resources or the value thereof.
Each State Party shall endeavour, to the extent possible and
prior to establishing its protected areas, to exchange information
thereon with the other States Parties to the Protocol.
Each State Party shall inform the others, through the Executive
Secretariat, of any change introduced in the legal status or
delimitation of its protected areas.
The Executive Secretariat shall keep up to date a register of the
information provided by States Parties on their protected areas and
any regulatory measures that they may adopt for those areas. The
Executive Secretariat shall transmit the information received to the
other Parties in good time.
The High Contracting Parties shall adopt common criteria for the
establishment of areas under their protection. To that end, where they
deem it appropriate, they shall request, jointly or individually, the
advice and co-operation of the competent international organizations.
Regulation of activities
Each High Contracting Party shall establish integrated
environmental management in the protected areas as follows:
(a) It shall establish the management of flora and fauna in
accordance with the particular characteristics of the protected areas;
(b) It shall prohibit activities relating to prospecting and mining
of the soil and subsoil of the protected area;
(c) It shall regulate all scientific, archaeological or touristic
activity in the area;
(d) It shall regulate trade affecting the flora, fauna and their
habitat in the protected area;
(e) In general, it shall prohibit any activity liable to have adverse
effects on species,ecosystems or biological processes protecting such
areas, or on their status as national, scientific, ecological,
economic, historical, cultural, archaeological or touristic assets.
The Contracting Parties shall establish, around the protected
areas, buffer zones where none exist and wherein the uses made of the
areas can be regulated in order to ensure compliance with the purposes
of this Protocol.
Measures to prevent, reduce and control pollution of Protected areas
The High Contracting Parties shall take measures, individually
or jointly, to prevent or reduce and control environmental
deterioration, including pollution in the protected areas, deriving
from any source or activity, and they shall make every effort to
harmonize their policies in the matter.
Such measures shall include, inter alia, those designed to:
1. Prohibit the dumping of toxic, harmful or noxious substances,
especially those which are persistent, from land-based sources,
including rivers, estuaries, drainage pipes and structures, from or
through the atmosphere;
2. Prevent, reduce and control, to the extent possible:
(a) Pollution from vessels, including measures to prevent
accidents and deal with emergency situations and to prevent
dumping, whether intentional or unintentional;
(b) The control and transport of hazardous substances;
(c) The introduction of exotic species of flora and fauna,
including transplants; and,
(d) other activities likely to cause environmental
Environmental impact assessment
The High Contracting Parties shall assess the environmental
impact of any activity liable to produce adverse effects on protected
areas and shall establish an integrated analysis procedure for that
purpose. They shall also exchange information on alternative
activities or measures suggested for preventing such effects.
Scientific and technical research, environmental education and
The High Contracting Parties shall promote scientific and
technical research, environmental education and community
participation as a basis for conserving and managing the protected
Rules concerning co-operation
The High Contracting Parties shall take steps, through the
Executive Secretariat of this Protocol, to co-operate in the
management and conservation of the protected areas and shall, to that
end, exchange information on the programmes and research carried out
in those areas, and on the experiences of each area, particularly in
the scientific, legal and managerial fields. The Executive Secretary
may also request such information from the universities and
specialized institutions of the States Parties to this Protocol
through the focal points.
The High Contracting Parties shall, directly or through the
Executive Secretariat, promote programmes of scientific, technical,
legal, educational and other assistance for the protected areas.
Such assistance shall include, inter alia:
(i) Training of scientific and technical personnel;
(ii) Participation in the respective programmes;
(iii) Supplying experts and equipment;
(iv) Supplying facilities for, and advice on, research,
monitoring,educational, tourism and other programmes;
(v) Organization of a technical file on the specialized
legislation of each of the States Parties;
(vi) Dissemination of specialized information on the protected
The High Contracting Parties shall promote environmental
education and community participation in the conservation and
management of the protected areas.
Authorities of the protected areas
The High Contracting Parties undertake to supply, through the
Executive Secretariat, information on:
(a) The national organization and authorities responsible for
managing the protected areas;
(b) Research programmes in the protected areas.
Compliance and penalties
Each High Contracting Party undertakes to ensure compliance with
the provisions of this Protocol and to adopt legal and administrative
measures within its jurisdiction for preventing or penalizing any
activity in violation of these provisions.
The High Contracting Parties shall notify the Executive
Secretariat of the measures adopted for implementing the provisions of
the preceding paragraph.
Meetings of the High Contracting Parties
The High Contracting Parties shall hold regular meetings at least
every two years, or special meetings at any time, when two or more of
the Parties so request. These meetings shall be convened by the
At regular meetings, the High Contracting Parties shall adopt
resolutions on the basis of an analysis, inter alia, of the following
(a) The extent to which this Protocol is being implemented and the
effectiveness of the measures taken and the need to develop other
kinds of activities in compliance with the objectives of this
(b) the need for amendments to, or revisions of, this Protocol and
the advisability of expansion or modification of the resolutions
adopted in pursuance thereof;
(c) The performance of any other function which may be of value in
achieving the purposes of this Protocol.
The High Contracting Parties shall enable the authorities
responsible for the protected areas to participate as technical
advisers in the meetings held.
Executive Secretariat of the Protocol
For the purposes of administering and implementing this Protocol,
the High Contracting Parties hereby appoint the General Secretariat of
the Permanent Commission for the South Pacific (CPPS) to serve as
Executive Secretariat of the Commission. At their first meeting, the
Parties shall establish the procedure and financing for the
performance of this function on behalf of the Commission.
Entry into force
This Protocol shall enter into force 60 days after the third
instrument of ratification has been deposited with the General
Secretariat of the Permanent Commission for the South Pacific (CPPS).
This Protocol may be denounced by any of the High Contracting
Parties after it has been in force for two years for such denouncing
Such denunciation shall take effect by means of written
notification to the Executive Secretariat which shall communicate it
forthwith to the High Contracting Parties.
The denunciation shall take effect 180 days after the date of the
This Protocol may be amended only by unanimous decision of the
High Contracting Parties. Amendments shall be subject to ratification
and shall enter into force after the third instrument of ratification
has been deposited with the Executive Secretariat.
This protocol shall be open for accession by any State bordering
the South East Pacific.*
Accession shall be effected by the deposit of the relevant
instrument with the Executive Secretariat which shall communicate it
to the High Contracting Parties.
This Protocol shall enter into force for the State acceding
thereto 60 days after the deposit of the relevant instrument.
No reservations to this Protocol shall be admissible.
DONE in seven identical copies, one of which shall be deposited with
the General Secretariat of the Permanent Commission for the South
Pacific (CPPS), all being equally authentic for the purposes of
implementation and interpretation.
IN WITNESS WHEREOF this Protocol has been signed at Paipa,
Colombia, on 21 September 1989.
* Applicable by extension to the coastal Latin American States of the