August 2023 Version
Index
1 Introduction
The Parliamentary Observatory on Climate Change and Just Transition (OPCC) is a joint initiative by parliamentary leaders from various countries in Latin America and the Caribbean (LAC) with the aim of establishing a shared information tool on the status and treatment of parliamentary legislation on environmental themes in the region.
This initiative stems from identification of a need to strengthen inter-parliamentary cooperation so as to enable policy makers to review and approve legislation for a just transition to resilient and low-carbon economies, by means of establishing an Observatory on the theme.
At the 26th Conference of the Parties to the United Nations Framework Convention on Climate Change (COP 26) held in November 2021, fifteen legislators from twelve LAC countries signed a joint statement committing to establishment of a Parliamentary Observatory on Climate Change and Just Transition (OPCC 2021).
Since that time, with technical support of the United Nations Economic Commission for Latin America and the Caribbean (ECLAC) and Open Society Foundations (OSF) research has been conducted, data collected and inter-parliamentary dialogs and events held bringing together legislators, their advisory staff and designated government focal points, with the aim of achieving the OPCC’s objectives.
This methodological report aims to provide information on the procedures and selection criteria for collection, treatment and presentation of data and other methodological aspects relevant for its understanding and correct use. It has two main sections, each with its corresponding subsections.
The first section, entitled ‘Scope, Methodology and Data Collection Process’, provides information on the methodology used in setting up the databases that comprise the OPCC Legislative Tracker. This section also contains explanations referent to information contained in the databases, countries covered at the time of writing, with explanatory notes for each data category included in the Legislative Tracker, and information referent to the data-collection process.
The second section, entitled ‘Glossary of Definitions’ contains a compilation of relevant terms and their definitions, with a view to ensuring clear understanding on the part of users of the OPCC Legislative Tracker.
2 Scope, Methodology and Data Collection Process
2.1 Countries Covered
With respect to the scope of the OPCC data platform, hereafter referred to as the 'Legislative Tracker’ the report provides necessary observations on countries included and database information relating to them.
The OPCC is a collaborative initiative on the part of parliamentary leaders of the LAC region. Throughout 2021, Parliamentary Dialogs on Just Transition were held to engage stakeholders and select themes of interest for establishment of the Observatory. Concurrently, letters were sent to Chairs of parliamentary environment committees throughout the LAC region, inviting them to participate in construction of the OPCC.
Thus, inclusion of countries in the OPCC Legislative Tracker began with those countries of the region whose legislators were signatories of the OPCC joint statements of 2021 and 2022 (1) (2), and who had assumed a commitment to furnish updated legislative information and data for their respective countries. Information for other countries was also submitted, once it had been reviewed by competent local representatives (termed parliamentary advisors in countries of Latin America and governmental focal points in those of the Caribbean) selected on the basis of an official survey conducted by ECLAC. Selection of countries in the Caribbean prioritized those that conduct data collection and furnish periodically updated online information on the official websites of their Parliaments, whereas for Latin America, the process began with those countries whose legislators participate in the OPCC, all of which maintain updated publically-accessible online official records.
Part of the OPCC’s ongoing efforts remain focused upon engaging new legislative leaders in the process of expanding the scope and coverage of countries of the LAC region in the Legislative Tracker. Moreover, OPCC data is regularly updated and reviewed by parliamentary advisors and government appointed focal points throughout the region.
Up until July 2023, the baseline for this report, the countries covered by OPCC databases were: Argentina, Barbados, Bolivia, Brazil, Chile, Colombia, Costa Rica, Curacao, Granada, Guatemala, Guyana, Turks and Caicos Islands, British Virgin Islands, Montserrat, Saint Lucia, Trinidad and Tobago, and Uruguay.
For the current list of countries participating in the OPCC, access the Observatory website (3) which is continually updated as parliamentarians of other countries assume a commitment to make public information and legislative data on the Legislative Tracker.
2.2 Information Contained and Methodological Clarifications
With respect to the information available on the OPCC Legislative Tracker, three specific objectives can be identified. These are reflected in the three main categories of data, summarized below and described in their corresponding subsections:
- Environmental Legislation enacted by the Legislative Branch:
Environmental Legislation is deemed to mean any instrument in the legal framework at the national level emanating from the Legislative Branch of a country that is directly and specifically linked to environmental and climate themes. As explained in the section on terms relating to environmental legislation, this involves sectors such as energy, transport, and industry and air quality. Source: Prepared by the authors based upon consultation of secondary sources (Franson, Hughes, 2013; Universidad Panamericana, 2020; University of Lincoln, 2022)
- Climate Change Framework Legislation enacted by the Legislative Branch;
Climate change framework legislation is deemed to mean any law intended to constitute the principal normative instrument holistically and integrally defining an institutional framework for national management of strategies, policies, measures and initiatives for mitigation and adaptation to global climate change. Source: Prepared by the authors based upon consultation of secondary sources (Nachmany M., Fankhauser S., Townshend T., Davidová J., Kingsmill N., Landesman T., et al., 2015; Moraga, Meckievi, 2016; Lawyers Responding to Climate Change, 2020; Villares, M., 2022)
- Bills and Proposals Under Specific Processing in parliaments of the region.
The term ‘Under Specific Processing’ [Trámite concreto in Spanish] refers to a context in which a bill of law has undergone at least the preliminary stage of formal parliamentary procedure, for example, having been debated or put to vote, in committee or in plenary, in any legislative chamber of a country of the region.
Source: Prepared by the authors based upon consultation of secondary sources. (Chamber of Deputies of Chile, 2022) (Congress of the Nation of Argentina, 2023a) (Congress of the Republic of Colombia, 2003) (Congress of the Republic of Colombia, 2022). In methodological terms, gathering of data on Latin America prioritizes Bills and proposals in a specific parliamentary committee for environmental themes; however, such prioritization does not overlook bills under deliberation in other committees. For countries of the Caribbean represented in the OPCC Legislative Tracker, all bills published on the official parliamentary website and presented in the current parliamentary session are included in the database. As explained in the subsection on ‘special considerations on bills of law for the Caribbean sub region’ (p. 19), this may account for the smaller number of Bills and Proposals Under Specific Processing for this sub region.
Hosting this type of data on the Legislative Tracker fulfills the objective of providing an overview of the main themes and legislative proposals under examination in parliaments of the region. Thus, besides presenting legislation that has effectively been enacted, this additional data category facilitates understanding of themes currently under discussion in legislatures of the region while, at the same time, indicating which proposals are most likely to secure parliamentary approval in the near future.
Thus, the main types of data to be found on the OPCC Legislative Tracker are (1) Environmental Legislation; (2) Climate Change Framework Legislation; and (3) Bills and Proposals Under Specific Processing in parliaments of the region.
Generally, development of the Legislative Tracker containing these three types of data provides benefits, advantages and opportunities for society and decision makers. The Legislative Tracker has the potential to strengthen transparency, promote equal access to information, stimulate citizen participation, foster research, enhance environmental awareness, facilitate informed decision making and promote regional cooperation on environmental legislation and climate change issues. It is thus that the OPCC aims to foster positive outcomes within society and contribute toward adoption of more robust and consistent environmental legislations.
Since the Observatory comprises contributions and the participation of members of Legislative Branches of the region, it is important to stress that, for all three data categories, its jurisdictional scope focuses solely upon national/federal level legislatures. Consequently, bills and instruments emanating from sub-national provincial or state-level legislatures are not encompassed by the Legislative Tracker. On the other hand, it is worth clarifying that laws and bills for ratification and incorporation of international agreements into national law are included since, in most States, approval by the Legislative Branch is a prerequisite for ratification of such agreements.
The Legislative Tracker does not encompass data relating to decisions or instruments emanating from the Executive or the Judicial Branches, or from any institutions other than the national parliaments of countries of the region. Neither, in view of the OPCC’s aim of providing a tool for sharing information on the status of legislation and the treatment of environmental themes by parliaments in LAC region, does it contain data on parliamentary initiatives of a non-legislative nature. Thus, draft resolutions governing aspects of parliamentary procedure and of statements on specific themes that reflect the views of legislators but are innocuous in terms of their implications for domestic law of countries of the region are not recorded on the OPCC Legislative Tracker.
The OPCC stems from the common recognition of a need to strengthen inter-parliamentary cooperation and enable policymakers to review and enact legislation relevant to a just transition to resilient low-carbon economies. It is for this reason that the Legislative Tracker focuses only on information of an environmental and climate nature. Thus, other themes relating to sustainable development, such as gender equality, food sovereignty and access to education, are not addressed by the Legislative Tracker, unless they are expressly linked to environmental and climate themes.
Having presented these general clarifications on the types of information available on the OPCC Legislative Tracker, let us now pass on to the three data categories and their corresponding specific focuses, namely (1) Environmental Legislation; (2) Climate Change Framework Legislation and (3) Bills and Proposals in Parliaments of the region.
2.3 Environmental Legislation
Environmental legislation is deemed to mean any law that directly and specifically addresses environmental and climate themes enacted by the national Legislative Branch of a country (Franson, Hughes, 2013; Universidad Panamericana, 2020; University of Lincoln, 2022). As has already been mentioned, this definition excludes the following categories of instruments:
- Sub-national legislation
- International instruments
- Instruments emanating from the Executive Branch
- Instruments emanating from the Judicial Branch
- Legislation not directly and specifically linked to environment and climate themes.
To facilitate independent analysis, the OPCC Legislative Tracker contains supplementary data on each piece of environmental legislation, including: country of origin, identification number and title of the law, date of entry into force, and a link to download the text of the specific law. (5)
This categorization of environmental themes enables detailed analysis, making it possible to assign between one and three themes to each item of environmental legislation. This data categorization was defined based on discussions with OPCC participants. Currently, categorization of the environmental legislation data section includes the following themes:
Table 1. Thematic categories in the environmental legislation data section
- Access to information, justice and participation in environmental issues
- Agriculture, forestry, livestock and food supply
- Water
- Air quality
- Climate change
- Environmental framework law
- Ecosystems, biodiversity and protected areas
- Environmental education and awareness
- Energy
- Sustainable finance
- Gender and diversity
- Disaster management
- Industry and manufacturing
- International instruments
- Sea, oceans and fisheries
- Mining and quarrying
- Indigenous peoples and minority groups
- Waste and circular economy
- Hazardous substances
- Transport
- Tourism
- Land use planning
- Housing and infrastructure
- Health
Source: Prepared by the authors based upon in-house discussion with OPCC participants.
Lastly, with a view to stimulating deeper analysis focused on the transition to resilient and low-carbon economies, legislative instruments specifically targeted at regulation of one or more specific economic sectors have been identified. Once again, the definition of these sectors is based upon discussions with OPCC participants.
These specific economic sectors are:
Table 2. Economic sectors covered in the Chapter on environmental legislation
- Agriculture, forestry, livestock, fisheries and food supply
- Energy
- Industry and manufacturing
- Mining and quarrying
- Waste
- Transport
- Tourism
- Housing and infrastructure
- Services
- Public sector
Source: Prepared by the authors based upon in-house discussion with OPCC participants.
The task of classifying environmental themes and economic sectors was carried out prioritizing a balance between data quality and simplicity, with a view to consolidating a robust, comprehensive and user-friendly database for users regardless of background. This was achieved through an individualized and detailed analysis of environmental legislation, in collaboration with parliamentary teams from throughout the region. It is worth emphasizing that, for methodological reasons, no more than three economic sectors are covered for each law or bill of law, and also that some items may not fall under any specific economic sector. Lastly, significant terminological differences may arise in view of the different languages (5) spoken in the region. Such distinctions have been pointed out in order to foster common understanding for users in their own languages of each theme of environmental legislation and each economic sector.
2.4 Climate Change Framework Legislation
With respect to Climate Change Framework Legislation in the region, any law intended to serve as the principal normative instrument or holistically and integrally defining institutional framework for national management of strategies, policies, measures and initiatives for mitigation and adaptation to global climate change is considered a Climate Change Framework Law. (Nachmany M., Fankhauser S., Townshend T., Davidová J., Kingsmill N., Landesman T., et al., 2015; Moraga, Meckievi, 2016; Lawyers Responding to Climate Change, 2020; Villares, M., 2022). Such an instrument may, moreover, establish the objectives and principal rules for governance and institutional standards for climate-change management in the country, and may also include measures, standards or goals for mitigation of greenhouse gases, national climate change plans, long-range climate strategies or economic and financial instruments that contribute toward the transition to resilient and low-carbon economies.
In this regard, in accordance with the aforementioned criteria and definitions, it should be noted that legislation addressing only one of the previously listed specific items, for example, a law only establishing a national climate change fund or one that merely creates a specific agency in charge of national climate management, will not necessarily constitute a Climate Change Framework Law.
A Climate Change Framework Law is thus the combination and melding of the aforementioned elements, laid down with the firm intention of establishing a national institutional framework for management of strategies, policies, measures and initiatives for mitigation and adaptation to global climate change (Nachmany M., Fankhauser S., Townshend T., Davidová J., Kingsmill N., Landesman T., et al., 2015; Moraga, Meckievi, 201; Lawyers Responding to Climate Change, 2020; Villares, M., 2022).
To facilitate independent analysis, the OPCC Legislative Tracker also contains additional data on each Climate Change Framework Law, including, country of origin, identification number and title of the law, date of entry into force, and a link to download the text of the law.
It also includes a detailed breakdown of the main themes, components and scope of each Climate Change Framework Law, including identification of 43 components, grouped into 7 main themes, as follows:
Table 3. Main Themes and Components of the Section on Climate Change Framework Legislation
No | Theme | Component |
1 | General Provisions | Definitions |
2 | Objective | |
3 | Principles | |
4 | Mitigation Goals | Carbon neutrality |
5 | 2020 Emissions Target | |
6 | 2030 Emissions Target | |
7 | 2040 Emissions Target | |
8 | 2050 Emissions Target | |
9 | Paris Agreement Instruments | Detailing of minimum measures to be contemplated in sectoral plans |
10 | Long-Term Strategy | |
11 | GHG Inventory | |
12 | NDC | |
13 | Climate Change Adaptation Plan | |
14 | National Climate Change Plan | |
15 | Sectoral Climate Change Plans | |
16 | Prospective GHG scenarios | |
17 | Binding Implementation of Sectoral Measures | Binding measures on housing and real estate |
18 | Binding measures on sustainable mobility | |
19 | Binding measures in the commercial aviation sector | |
20 | Binding measures in the fisheries-maritime sector | |
21 | Binding measures in energy transition | |
22 | Binding measures on government procurement | |
23 | Binding measures on conservationism, protection of ecosystems and biodiversity | |
24 | Binding measures on food security and sovereignty | |
25 | Institutionality of Climate Policy | Access to information |
26 | Scientific Advisory | |
27 | Climate Change Board or Office | |
28 | Strategies or measures for just transition | |
29 | Information on climate change vulnerability and risks | |
30 | Climate Change Institute or Agency | |
31 | Comprehensive Citizen Participation | |
32 | Provincial or State level plans | |
33 | Climate Change Vulnerability Platform | |
34 | Follow-up to implementation | |
35 | Economic and Financial Aspects | Eco-Taxes or Differentiated Fiscal Policy |
36 | Establishment and regulation of an Emissions Market | |
37 | Climate Change Financial Strategy | |
38 | Specific Fund | |
39 | Other economic instruments | |
40 | Regulation of private-sector emissions limits | |
41 | Private Sector Emissions System or Registry | |
42 | Social Aspects | Gender and Diversity |
43 | Indigenous Peoples and Minority Groups |
Source: Prepared by the authors based upon in-house discussion with OPCC participants and in consultation with other secondary sources (World Bank, 2020; Grantham Research Institute on Climate Change and the Environment and Centre for Climate Change Economics and Policy, 2021; ICAP, 2022).
These 7 major themes and their components are intended to provide balance and structure to the many aspects that may be addressed in a Climate Change Framework Law. It should be stressed that such components and major themes were defined through a process of inductive analysis based upon which regional and international-level climate change framework laws were assessed, and whereby all identified regulated aspects were selected and synthesized. With a view to facilitating deeper analysis and the adjustment of components and selected themes, a review of current literature on climate change framework legislation was carried out. (World Bank, 202; Grantham Research Institute on Climate Change and the Environment and Centre for Climate Change Economics and Policy, 2021; ICAP, 2022).
There follows a detailing of factors that oriented the selection of some of the main themes of this analysis. For example, instruments of the Paris Agreement are considered the most solid, comprehensive and robust bases of international law underpinning shared global efforts to limit global warming. Thus, their incorporation into domestic law on climate matters provides a structural link between the various legislative instruments that serve as Climate Change Framework Laws and the Paris Agreement (Parlamericas, 2021). Subsequently, following an analysis of the measures taken to harmonize international and domestic law on climate matters within a legislative framework of instruments that constitute a Climate Change Framework Law, the next critical step, entails the setting of specific and binding greenhouse gas mitigation targets. Various States have adopted different legal approaches in setting such GHG emissions targets, and an understanding of these approaches is essential to understanding the level of ambition, expected trajectory, and consistency of emissions reduction strategies for each State (Climate Action Tracker, 2023).
Moreover, the establishment of a domestic institutional framework is a pivotal step for any legislative initiative targeted at advancing on the path toward mitigation and adaptation to global climate change. Such a framework must encompass factors such as inter-ministerial and inter-sectoral governance, comprehensive citizen participation, and scientific advisory mechanisms (UNICEF, 2020; Climate Change Law Observatory of Chile, 2020). Furthermore, a comprehensive understanding of the extent to which climate change framework legislation advances the creation of economic and financial tools is vital for guaranteeing the implementation of projected strategies, policies, and measures. Such tools include green taxes, carbon pricing mechanisms, specific funds, and other economic instruments (Meirovich, 2013; Scardamaglia, 201; IDB, 2022). The outlined guiding themes and components presented above encapsulate aspects derived from the inductive analysis and serve as the basis for the subsequent examination of the legislation in each of the analyzed countries.
To ensure consistency and assist users, the Glossary of Definitions provides terminological clarifications on each guiding theme and component.
2.5 Bills Under Specific Processing
Information referent to parliamentary treatment in the Legislative Tracker, notwithstanding exceptions addressed in the section on ‘Special considerations on bills in the Caribbean subregion’ (p.19) encompasses all bills or draft legislation currently under examination in one of the national congresses or parliaments of the region.
The time frame for the process of collecting data on Bills and Proposals began in 2019. To reflect the specificities of the parliamentary procedures in the region, the OPCC selected 2019 as the baseline year for data collection, given that bills under specific processing generally lapse after two years, and that the Observatory was founded in 2021 (OPCC, 2021).
Furthermore, for purposes of ensuring data harmonization and comparability between different countries while taking into account the diversity of parliamentary procedures, for methodological reasons the decision was made to acknowledge only two possible categories: (1) 'Under Specific Processing' and (2) 'Approved'.
Thus, presentation of a parliamentary proposal is one, but not the only criterion necessary for inclusion of environmental or climate instruments on the OPCC Legislative Tracker. To be included, a bill of law must have undergone at least a preliminary stage of formal parliamentary procedure, such as having been debated or put to vote in committee or in the plenary of one of the national legislatures of a country of the region. Any proposal that has undergone such a formal parliamentary procedure merits inclusion in the Tracker; whereas only upon final approval of the proposal or bill by the national Legislative Branch of a country is its status recorded as ‘Approved’. Thus, the status of any bill, until final approval or enactment, remains 'Under Specific Processing', even under bicameral parliamentary systems, until said bill has secured approval by one of the two parliamentary chambers.
It is nonetheless relevant to point out that, even after subsequent approval of a law, the originating bills of law are not removed from the environmental legislation database. Rather, the environmental law resulting from enactment is incorporated, while maintaining on record both the original bill and the current law.
To facilitate independent analysis, the OPCC Legislative Tracker also contains additional data on each legislative proposal, including: country of origin, parliamentary chamber of origin, identifier number, title, date of submission, treatment status (detailed below), environmental theme, and a link for access or download of the relevant bill.
Furthermore, it is worth mentioning that the terminology used to describe parliamentary chambers and treatment status seeks to maintain the terminology used to describe them in the countries of origin, and that, with the aim of preserving data quality, no alterations have been made.
Lastly, it should be noted that, in certain cases, the status of a bill of law may remain as ‘Under Specific Processing’ on the Legislative Tracker even after the deadline for its processing has lapsed. This may occur either for technical reasons, or because it is deemed useful to allow users to accompany the path of proposals that have been floated in recent years, as these may serve as inputs for research projects or as a contribution toward drafting of future legislative proposals.
2.6 Observations on Bills and Proposals in the Caribbean
The purpose of the OPCC Legislative Tracker is to provide a comprehensive comparative analysis of legislative activity in the fields of environmental and climate change law in all jurisdictions represented in the database. Such comparison of records from different countries must take into account the diversity of political systems throughout the region, as these influence the number and nature of laws and bills recorded on the database. In acknowledgement of the diversity of practices and rules governing legislative procedure even in countries with similar systems of government, this section of the Methodological Report underscores some general differences between parliamentary and presidential systems in the region; the main objective being to explain significant differences in the number of registered bills between Latin American countries and the English and Dutch-speaking countries of the Caribbean.
Countries of the Caribbean represented in the OPCC database have parliamentary systems of government, which differ significantly from the presidential systems widely adopted in countries of Latin America. Under presidential systems there tends to be greater separation of powers between the Executive and Legislative Branches of government. Also, for countries with presidential systems in the OPCC database, a greater number of bills tend to be presented by individual members of congress than by Members of Parliament (MPs) in countries with parliamentary systems. In countries of the Caribbean with parliamentary systems the Cabinet of the Executive Branch is usually composed of ministers who are also elected MPs. In British Overseas Territories (6) and former British colonies, except Guyana, variations of the westminster model of parliamentary government have been adopted under which, although government and opposition members may exercise the prerogative to propose new legislation through private members’ motions, in practice, ministries play a predominant role in drafting, consulting, proposing, and presenting bills in parliament. A private member’s bill is a proposal for debate at a future point in the parliamentary session; when such a motion is successfully deliberated and approved, it may result in a government decision to propose legislation. This decision is made by the relevant line minister in consultation and in accordance with government policy and the legislative agenda for the period. Bills proposed, but not approved during a parliamentary session often lapse, falling off the Order of the Day, unless reintroduced under an ‘extension motion’ for the next session.
Comparison of the records for Latin America and the Caribbean also reveals differences in how bills are recorded during the legislative or parliamentary process in these two subregions. In Latin American countries, as bills progress through parliamentary committees, they are assigned a title and/or numerical identifier which helps track their status within that legislative proceeding. By contrast, in Caribbean countries, bills are generally drafted by line-ministry technical staff in consultation with other government bodies before being presented in parliament. Bills are often officially only made public when read in parliament; however, some bills are made public when submitted to a parliamentary committee (e.g., Joint Select Committee) where stakeholders and interest groups can debate and share comments. In practical terms, in the Caribbean, throughout this process the tracking of modified versions of bills as new records is less detailed and accessible than in Latin American countries. This helps explain the smaller number of bills recorded for the Caribbean in the OPCC database as, in these countries, modifications to a bill made during a parliamentary session and motions proposed for developing legislation can also be tracked by accessing the parliamentary transcripts (known as Hansard).
In summary, basic differences between government systems and legislative practices contribute to the considerably larger number of bills recorded in the OPCC database for Latin America, as compared to Caribbean countries. Three main factors account for this difference:
- In countries with presidential systems, in practice, a greater number of actors can propose new bills;
- In countries with parliamentary systems, bills sometimes lapse when the Order of the Day expires at the end of the parliamentary session;
- Specificities of practices for coding and registering of bills and laws throughout the legislative processes.
2.7 Data Collection, Processing and Updating
Lastly, it should be noted that data collection for the OPCC Legislative Tracker was carried out by legislative staff and designated government focal points, with support from ECLAC. The data collection process was launched through the efforts of technical staff of OPCC parliamentarians, who furnished the initial data for the databases. Subsequently, a team of consultants from the ECLAC, supported by the Open Society Foundations, assumed coordination of the collection, review, supplementation and harmonization of current and new data to generate a robust, comprehensive and comparable database. This team of consultants, in collaboration with parliamentary staff in Latin America and designated government focal points in the Caribbean, conducted reviews of modifications and additions made to ensure harmonization, availability, quality, and accuracy of the data recorded in the Legislative Tracker. Thus, data collection for the Legislative Tracker can be described as a collaborative, extensive, democratic, and technically robust process; and, in all cases, efforts were made to ensure inclusion of records from official sources. References to non-governmental websites were included in the OPCC Legislative Tracker only after being reviewed by designated government focal points.
Thus, responsibility for the data published falls solely upon the parliamentary advisors and designated government focal points, thereby exempting the ECLAC from all responsibility for the data and its content; its role being limited to publication and facilitation of access to the data for the community and decision-makers.
It is also worth noting that data collection entailed consultation of both primary and secondary sources, including the following libraries, archives and official national websites.
Table 4. Sources consulted for data on current environmental legislation and climate change framework legislation
- Argentina: www.argentina.gob.ar/normativa
- Argentina: www.boletinoficial.gob.ar
- Barbados: www.barbadosparliament-laws.com
- Barbados: www.gisbarbados.gov.bb/the-official-gazette/
- Brazil: www.planalto.gov.br
- Brazil: www.legislacao.presidencia.gov.br
- British Virgin Islands: www.eservices.gov.vg/gazette/
- British Virgin Islands: www.bvi.gov.vg
- British Virgin Islands: www.laws.gov.vg
- Bolivia: www.gacetaoficialdebolivia.gob.bo
- Chile: www.bcn.cl/leychile
- Colombia: www.funcionpublica.gov.co/eva/gestornormativo
- Colombia: www.suin-juriscol.gov.co
- Costa Rica: www.pgrweb.go.cr
- Curasao: www.lokaleregelgeving.overheid.nl
- Curasao: www.wetten.overheid.nl
- Grenada: www.laws.gov.gd
- Guyana: www.parliament.gov.gy
- Guyana: www.mola.gov.gy
- Guatemala: www.congresgo.gob.gt
- Montserrat: www.gov.ms
- Saint Lucia: www.govt.lc
- Saint Lucia: www.attorneygeneralchambers.com/laws-of-saint-lucia
- Trinidad and Tobago: www.agla.gov.tt
- Turks and Caicos: www.gov.tc/agc
- Uruguay: www.impo.com.uy/bases/leyes
Source: Prepared by the authors.
Table 5. Sources consulted on Bills and Proposals
- Argentina: www.hcdn.gob.ar
- Argentina: www.senado.gob.ar
- Barbados: www.barbadosparliament.com
- Brazil: www.camara.leg.br
- Brazil: www25.senado.leg.br
- Brazil: www.camara.gov.br
- British Virgin Islands: www.bvi.gov.vg/23-bills-available-public-viewing
- Bolivia: www.diputados.gob.bo
- Bolivia: www.web.senado.senado.gob.bo
- Chile: www.camara.cl
- Chile: www.senado.cl
- Colombia: www.camara.gov.co
- Colombia: www.leyes.senado.gov.co
- Costa Rica: www.asamblea.go.cr
- Curacao: www.parlamento.cw
- Grenada: www.grenadaparliament.gd/cat_doc/bills
- Guyana: www.parliament.gov.gy
- Guatemala: www.congreso.gob.gt
- Montserrat: www.parliament.ms/bills
- Saint Lucia: www.parliament.govt.lc
- Trinidad and Tobago: www.ttparliament.org
- Turks and Caicos: www.gov.tc/hoa/publications/bills
- Uruguay: www.parlamento.gub.uy
Source: Prepared by the authors.
In cases where parliamentary advisors or designated government focal points are aware of the existence of a specific instrument, but where the necessary information is not yet available on an official national website, efforts will nonetheless be made to ensure its recording on the Legislative Tracker. This may be achieved by providing a link to the website where such information is hosted, or by uploading the relevant documentation in PDF format, thereby enabling users to access information sources related to such instruments.
As new countries' parliamentarians join the OPCC, and contribute data to the Legislative Tracker, they will abide by the data collection process outlined in this report. Thus, as new data and information become available, provided by parliamentary technical teams and designated government focal points, ECLAC will update and include them in the Legislative Tracker.
2.8 Report Notes
(1) Joint Statement. Latin American and Caribbean Parliamentarians at COP 26.
(2) Joint Statement. Latin American and Caribbean Parliamentarians at COP 27
(3) Website of: Parliamentary Observatory on Climate Change and Just Transition in Latin America and the Caribbean
(4) In a few exceptional cases, where the relevant information was not provided by parliamentary staff or designated government focal points, the information field is marked 'Not Available’.
(5) The following differences may be found. (1) ‘Indústria´ - ‘Industry & Manufacturing’ and (2) ‘Mineria’ - ‘Mining & Quarrying’.
(6) Although all the Latin-American countries participating in the OPCC are independent sovereign States, five of the Caribbean countries represented in the OPCC database have varying degrees of administrative dependence. The British Virgin Islands, Montserrat , and the Turks and Caicos Islands are British Overseas Territories, autonomous countries with independent Houses of Parliament responsible for most domestic government affairs with a variety of forms of political presentation. The United Kingdom is generally responsible for defense and foreign relations of these countries. Curacao is a constituent country within the Kingdom of the Netherlands, which also maintains responsibility for defense and foreign relations. The other Caribbean represented in the OPCC database, Barbados, Santa Lucia, Granada, Guyana and Trinidad and Tobago are independent States.
2.9 Final Instructions for Users
The OPCC Legislative Tracker will seek to ensure that the data collected is as comprehensive and accurate as possible and, to this end, that legislative instruments recorded are sourced only from parliamentarians, their staff, designated government focal points, teams specially appointed for this purpose, or from the official databases or websites of different States. In exceptional cases, where data was not obtained from current and official sources, government officials were requested to confirm the data.
It is, however, possible that not all relevant legislative instruments have been included on the OPCC website, or that data is not updated in real time, given that this involves complex data collection efforts by parliamentary staff and their associates.
Moreover, various classifications and definitions are assigned to data collected within the scope of the OPCC Tracker. These are solely for the purpose of categorizing the data, and users may have different interpretations as to whether a law has been assigned to the correct thematic classification, or whether other relevant and identifiable economic sectors are affected by legislation in question.
Users are cautioned to exercise judgment when using the data for research or policy-making purposes. The OPCC is committed to continually improving both the quality and quantity of its data. Any suggestions from users to enhance this Legislative Tracker, so that it better serves the purpose of providing shared information on the status of parliamentary proceedings relating to environmental initiatives and environmental legislation in the Latin American and Caribbean region, are greatly appreciated.
For general inquiries related to the data collection and review process, contact ECLAC through the following emails: gabriela.desouzaoliveira@cepal.org and CEPAL.Brasilia@cepal.org
3 Glossary of Definitions
Parliamentarians participating in the OPCC and their staff, and likewise potential users of the Legislative Tracker, come from a diversity of backgrounds, communities and cultures. Therefore, to facilitate common understanding of the terminology employed and ensure correct interpretation and utilization of the legislative data in the OPCC Tracker, it was deemed necessary to develop a Glossary of Definitions.
3.1 General Terminology
- Environmental legislation: Any instrument with the status of national law enacted by the national Legislative Branch of a country that has a direct and concrete connection to environmental and climate matters.
Source: Prepared by the authors based upon consultation of secondary sources (Franson, Hughes, 2013; Universidad Panamericana, 202; University of Lincoln, 2022).
- Climate Change Framework Law: Any law intended to serve as the principal normative instrument or holistically and integrally defining institutional framework for national management of strategies, policies, measures and initiatives for mitigation and adaptation to global climate change.
Source: Prepared by the authors based upon consultation of secondary sources (Nachmany M., Fankhauser S., Townshend T., Davidová J., Kingsmill N., Landesman T., et al., 2015; Moraga, Meckievi, 2016; Lawyers Responding to Climate Change, 2020; Villares, M., 2022).
- Bills and Proposals: Any proposal presented within the Legislative Branch, regardless of author or legislative chamber, with the aim of creating, modifying, adding to, or removing environmental or climate-related legislation, under specific procedure within one of the national legislative chambers in the region.
Source: Prepared by the authors based upon consultation of secondary sources. (Legislative Information System of Mexico, 2023; Congress of the Nation of Argentina, 2023b). Users are encouraged to review the definition of Specific Processing in the Chapter on ‘Terminology referent to parliamentary procedure’.
3.2 Terminology referent to Parliamentary Procedure
- Specific Processing: This term refers to a context in which a bill has undergone at least the minimal stage of formal legislative treatment. Examples may include: debate in committee or subcommittee or in plenary, or having been put to vote in committee, subcommittee, or in plenary of any national legislative chamber of a country of the region.
Source: Prepared by the authors based upon consultation of secondary sources. (Chamber of Deputies of Chile, 2022; Congress of the Nation of Argentina, 2023a; Congress of the Republic of Colombia, 2003; Congress of the Republic of Colombia, 2022).
- Bills and Proposals: For the purposes of the OPCC Tracker, Bills and proposals refers to any bill undergoing specific processing, according to the definitions established in this glossary in the sections 'general terminology' and 'Terminology referent to the parliamentary procedure’.
Source: Prepared by the authors based upon consultation of secondary sources. (Legislative Information System of Mexico, 2023; Congress of the Nation of Argentina, 2023b; Chamber of Deputies of Chile, 2022; Congress of the Nation of Argentina, 2023a; Congress of the Republic of Colombia, 2003; Congress of the Republic of Colombia, 2022).
- Approved Bill: For the purposes of the OPCC Tracker, an approved bill refers to any legislative proposal that has received final approval or been enacted into law according to parliamentary procedure established under the domestic law of each State.
Source: Prepared by the authors based upon consultation of secondary sources. (Chamber of Deputies of Chile, 2022; Congress of the Nation of Argentina, 2023a) (Congress of the Republic of Colombia, 2003; Congress of the Republic of Colombia, 2022; Congress of the Republic of Colombia, 2023).
- Effective Date: Although terms may vary from one country to another, the term ‘effective date’ refers to the date on which a particular bill becomes law in a given State. This date may differ from the approval date as, in certain States, a bill becomes law only after an additional procedure subsequent to approval by the Legislative Branch. This additional procedure is determined by domestic law and may include: the President’s or Prime Minister's signature, publication in the Official Gazette or Bulletin, or a specific interim period determined in domestic law.
Source: Prepared by the authors based upon consultation of secondary sources. (Chamber of Deputies of Chile, 2022; Congress of the Nation of Argentina, 2023a; Congress of the Republic of Colombia, 2003; Congress of the Republic of Colombia, 2022; Congress of the Republic of Colombia, 2023).
- Chamber of Origin: The legislative chamber in which a particular bill is formally introduced or proposed.
Source: Prepared by the authors based upon consultation of secondary sources. (Chamber of Deputies of Chile, 2022; Congress of the Nation of Argentina, 2023a; Congress of the Republic of Colombia, 2003; Congress of the Republic of Colombia, 2022; Congress of the Republic of Colombia, 2023).
- Percentage of Affirmative Votes: For purposes of the OPCC Tracker, the term ‘percentage of affirmative’ votes refers to a percentage value resulting from division of the number of affirmative votes cast for a specific bill by the total number of votes cast by those present at the time of voting. The term thus encompasses affirmative, negative, and abstention votes, while excluding absent votes.
Source: Prepared by the authors based upon in-house discussion with OPCC participants.
3.3 Terminology referent to Environmental Bills and Laws
- Access to Information, Justice and Participation in Environmental Matters: This theme refers to legislation containing provisions related to procedural rights: the right of the public to access environmental information, to participation in environmental decision-making processes, and to justice in environmental matters, collectively known as access rights.
Source: Prepared by the authors based upon consultation of secondary sources. (ECLAC, 2013; ECLAC, 2022).
- Agriculture, Forestry, Livestock and Food Supply: This theme relates to environmental legislation and regulations on what the UN Food and Agriculture Organization (FAO) describes as: "the entire range of actors and their interlinked value-adding activities involved in the production, aggregation, processing, distribution, consumption and disposal of food products that originate from agriculture, forestry or fisheries, and parts of the broader economic, social and natural environments in which they are integrated. The food system comprises subsystems (e.g., agricultural system, waste management system, input supply system, etc.) and interacts with other key systems (e.g., energy system, commercial system, health system, etc.)”.
Source: Prepared by the authors based upon consultation of a secondary source (Graziano da Silva et al., 2021).
- Water: This theme refers to environmental legislation for the regulation of the use, quality and management of drinking water and freshwater, as well as sanitation services including sewage systems.
Source: Prepared by the authors based upon consultation of a secondary source. (UNESCO, 2022).
- Air Quality: This theme refers to environmental legislation relating to air pollution, including the regulation of industrial atmospheric emissions that affect air quality.
Source: Prepared by the authors based upon consultation of a secondary source. (WHO, 2021).
- Climate Change: This theme refers to environmental legislation that comprehensively addresses areas directly relevant to climate change mitigation and adaptation.
Source: Prepared by the authors based upon consultation of a secondary source. (United Nations, 2023a).
- Environmental Framework Law: This theme refers to environmental legislation containing provisions for comprehensive environmental management, including environmental principles and institutional arrangements for regulatory authorities to manage the environment, pollution control and enforcement. Legislation related to animal welfare also falls under this category.
Source: Prepared by the authors based upon consultation of secondary sources (Franson, Hughes, 2013; Universidad Panamericana, 2020; University of Lincoln, 2022).
- Ecosystems, Biodiversity and Protected Areas: This theme refers to environmental legislation relating to the conservation and use of biological resources, protection of flora, fauna, and natural habitats, including natural heritage, management of protected areas, and cultural heritage.
Source: Prepared by the authors based upon consultation of secondary sources. (Secretariat of the Convention on Biological Diversity, 2020; WWF, 2023).
- Environmental Education and Awareness: This theme refers to legislation related to State action on both formal and informal environmental education and awareness building in all spheres of society.
Source: Prepared by the authors based upon consultation of secondary sources. (Ministry of Environment of Chile, 2023a; Ministry of Environment and Sustainable Development of the Republic of Argentina, 2023a).
- Energy: This theme refers to environmental legislation relating to the regulation of the oil and gas industries, energy efficiency, renewable energy, and measures to achieve an energy transition.
Source: Prepared by the authors based upon consultation of secondary sources. (S&P Global, 2020; IRENA, 2023).
- Sustainable Finance: This theme refers to legislation targeted at mobilizing capital flows, ensuring credit or modifying economic variables with the aim of advancing towards resilient and low-carbon economies. Sustainable financing refers to the process that ensures recognition and incorporation of environmental, social, and governance (ESG) factors in investment decision-making by the financial sector, leading to longer-term investments in sustainable economic activities and projects.
Source: Prepared by the authors based upon consultation of secondary sources. (World Bank, 2021; European Commission, 2023a)
- Gender and diversity: This theme is deemed to encompass any law or bill on environmental and climate matters that has explicit, concrete and specific provisions aimed at ensuring the rights of women and LGBTQIA+ individuals, as well as promoting gender equity.
Source: Prepared by the authors based upon consultation of secondary sources. (Fundación Huésped, 2023; Government of Mexico, 2022).
- Disaster Management: This theme refers to legislation for emergency and disaster risk management, including aspects relating to prevention, mitigation, response, rehabilitation, and recovery from emergencies and disasters.
Source: Prepared by the authors based upon consultation of a secondary source. (United Nations Office for Outer Space Affairs, 2023).
- Industry and Manufacturing: This theme refers to legislation to regulate compliance of various industries with environmental standards, including aspects relating to health and occupational safety.
Source: Prepared by the authors based upon in-house discussion with OPCC participants.
- International Instruments: This theme refers to national legislation for adoption and compliance with international instruments, including treaties and international agreements.
Source: Prepared by the authors based upon in-house discussion with OPCC participants.
- Sea, Oceans, and Fisheries: This theme refers to environmental legislation related to regulation and management of activities related to seas, oceans, fisheries, and coastlines.
Source: Prepared by the authors based upon consultation of secondary sources. (United Nations, 2023b; UNEP, 2023).
- Mining and Quarrying: This theme refers to legislation related to regulation of mining and extractive industries, including extraction and processing.
Source: Prepared by the authors based upon in-house discussion with OPCC participants.
- Indigenous Peoples and Minority Groups: This term is deemed to encompass any law or bill on environmental and climate matters that has explicit, concrete, and specific provisions targeted at ensuring the rights of indigenous peoples or of any minority group, based on ethnic, racial, age, socioeconomic or other identity criteria, with the exception of those under the category 'Gender and Diversities'.
Source: Prepared by the authors based upon consultation of secondary sources. (UNHCR, 2023; Penn State University, 2023; United Nations, 2023c).
- Waste and Circular Economy: This theme refers to legislation for regulation and management of waste and the circular economy, where the circular economy model, whenever possible, promotes sharing, renting, reuse, repair, refurbishing, and recycling of materials and products to create added value and extend product life cycles.
Source: Prepared by the authors based upon consultation of secondary sources. (European Commission, 2023b; United Nations, 2023d).
- Hazardous Substances: This theme refers to legislation related to regulation and Legislative Trackering of the use, storage, transport and disposal of hazardous substances, including provisions for pollutant releases and transfer registers.
Source: Prepared by the authors based upon consultation of secondary sources. (Ministry of Labor and Social Security of Chile, 2023; National Emergencies System of Uruguay, 2023).
- Transport: This theme refers to legislation related to environmental impacts of the transport industry, including maritime trade, civil aviation, and land transportation.
Source: Prepared by the authors based upon in-house discussion with OPCC participants.
- Tourism: This category refers to legislation related to the environmental impacts of the tourism industry.
Source: Prepared by the authors based upon in-house discussion with OPCC participants.
- Land Use and Territorial Planning: This category refers to environmental legislation for land use, land-use changes and territorial planning and organization.
Source: Prepared by the authors based upon consultation of secondary sources. (Ministry of Economy of the Republic of Argentina, 2023; Ministry of Housing and Territorial Planning of Uruguay, 2020; FAO, 2023).
- Housing and Infrastructure: This theme refers to environmental legislation related to housing and infrastructure, including public works in areas such as energy, transport, communications, and others.
Source: Prepared by the authors based upon in-house discussion with OPCC participants.
- Health: This category refers to legislation related to impacts on the environment and on public health.
Source: Prepared by the authors based upon in-house discussion with OPCC participants.
3.4 Terminología referida a sectores económicos
- Impact on Economic Sectors: With a view to assessing the relationship between environmental legislation and the structure of national economies, for each current law and each bill under examination in the national legislature, an identifier of its impact (or lack thereof) on specific economic sectors has been incorporated. A law or bill which impacts one or more economic sectors is deemed to mean one formulated with the deliberate and specific aim of affecting one or more such economic sectors.
Source: Prepared by the authors based upon in-house discussion with OPCC participants.
- Services: This sector of the economy encompasses services provided to the public, including telecommunications, public utilities, and transport.
Source: Prepared by the authors based upon in-house discussion with OPCC participants.
- Public sector: This sector of the economy encompasses public goods and services at all levels, including state-owned and government-controlled enterprises.
Source: Prepared by the authors based upon in-house discussion with OPCC participants.
Users of the Legislative Tracker are invited to review the definitions established in the section 'Terminology referent to thematic aspects of bills and environmental legislation' (p. 29) for the following economic sectors:
- Agriculture, forestry, livestock, fisheries and food supply;
- Energy;
- Industry and manufacturing;
- Mining and quarrying;
- Waste;
- Transport;
- Tourism;
- Housing and infrastructure.
3.5 Terminology referent to key aspects of Climate Change Framework Legislation
- General provisions: The general provisions of a legislative instrument are those that usually appear at the beginning of its text and articles, expressing its political, legal, and conceptual context. These generally state the objective and purpose of the law, provide guiding principles for its interpretation and application and definitions necessary for its standardized interpretation.
Source: Prepared by the authors based upon in-house discussion with OPCC participants.
- Mitigation Targets: When assessing the climate change legislation frameworks of Latin American and Caribbean countries, information can be obtained by gauging the frequency or absence of mention of greenhouse gas mitigation targets in the legislative text, regardless of time frame, scope in terms of economic sectors, or targeted level of ambition.
Source: Prepared by the authors based upon consultation of a secondary source. (Climate Action Tracker, 2023).
- Instruments of the Paris Agreement: When assessing the climate change legislation frameworks of Latin American and Caribbean countries, and particularly the degree of integration of domestic and international climate law, relevant information can be obtained by comparing the main domestic legislative instruments with those of the Paris Agreement, such as Nationally Determined Contributions (NDCs) and Long-Term Strategies (LTS).
Source: Prepared by the authors based upon consultation of secondary sources. (Parlamericas, 2021).
- Binding Implementation of Sectoral Measures: When assessing the climate legislation frameworks of Latin American and Caribbean countries, relevant information can be obtained regarding the adoption, or absence, of binding provisions and measures for specific economic sectors that contribute to global climate change mitigation and adaptation. It should be noted that ‘binding’ refers to any provision that requires specific and legally mandatory action, from the moment a legislative instrument comes into effect or, alternatively, as specified in the text of the legislative instrument.
Source: Prepared by the authors based upon consultation of secondary sources. (Sánchez and Reyes, 2015; UNFCCC, 2019; UNFCCC, 2022a; UNFCCC, 2022b; UNFCCC, 2022c; UNFCCC, 2022d; UNFCCC, 2022e; UNFCCC, 2022f).
- Institutional Framework for Climate Policy: When assessing the climate legislation frameworks of Latin American and Caribbean countries, information can be obtained regarding the establishment or absence of a domestic institutional framework that organizes key factors for climate policy, such as inter-ministerial and inter-sectoral coordination, comprehensive citizen participation, or scientific advisory.
Source: Prepared by the authors based upon consultation of secondary sources. (UNICEF, 2020; Climate Change Law Observatory of Chile, 2020).
- Economic and Financial Aspects: When assessing the climate legislation frameworks of Latin American and the Caribbean countries, information can be obtained regarding the establishment or absence of economic and financial tools that facilitate the implementation of targeted strategies, policies and measures. Common examples of economic and financial tools are green taxes, carbon pricing mechanisms, specific funds, and other economic instruments.
Source: Prepared by the authors based upon consultation of secondary sources. (Meirovich, 2013; Scardamaglia, 2019; Inter-American Development Bank - IDB, 2022).
- Social Aspects: When assessing the climate legislation frameworks of the countries of Latin America and the Caribbean, information can be obtained regarding the inclusion or absence of provisions that promote a just transition to low-carbon economies, taking into consideration vulnerable or underrepresented groups, such as indigenous peoples, women, and other diverse groups.
Source: Prepared by the authors based upon consultation of secondary sources. (UNHCR, 2023; ECLAC, 2023; Fundación Huésped, 2023; Government of Mexico, 2022; Penn State University, 2023; United Nations, 2023c; UNDP, 2023).
3.6 Terminology referent to Components of Climate Change Framework Legislation
- Principles: The principles of a law are the fundamental and informative ideas or statements that frame the spirit and intent of a specific law or set of laws.
Source: Prepared by the authors based upon in-house discussion with OPCC participants.
- Objective: The objective of a law is its operational part, that expresses, identifies and defines the theme, subject or matter to be regulated.
Source: Prepared by the authors based upon consultation of secondary sources. (Congress of the la Republic of Peru, 2011).
- Definitions: In order to ensure correct interpretation and application of laws, “when a term lacks a clear and unambiguous meaning or is used in a sense that deviates from common, legal or technical language”, legislators may clarify “through definitions, the specific contextualized meaning of such a term” (Infoleg, 2022).
Source: Prepared by the authors based upon consultation of secondary sources. (Infoleg, 2022).
- Emissions targets for 2020, 2030, 2040 and 2050: In the context of the Legislative Tracker, a climate change framework law is deemed to fulfill this component when its text incorporates a specific emissions reduction target for the indicated year, regardless of the targeted level of ambition, the quantification and fixation mechanism, or other factors.
Source: Prepared by the authors based upon consultation of secondary sources. (Climate Action Tracker, 2023).
- Carbon Neutrality: In the context of the Legislative Tracker, a climate change framework law is deemed to fulfill this component when its text incorporates the goal of carbon neutrality, regardless of time frame or the projected emissions trajectory for achievement of that goal. Climate neutrality refers to the idea of “achieving net zero greenhouse gas emissions by balancing those emissions so they are equal, or less than, the emissions removed through carbon sinks and the planet's natural absorption" (UNFCCC, 2021).
Source: Prepared by the authors based upon consultation of secondary sources. (UNFCCC, 2021).
- Long-Term Strategy: In the context of the Legislative Tracker, a long-term strategy refers to documents submitted by States to the United Nations Framework Convention on Climate Change (UNFCCC) in response to Article 4, paragraph 19 of the Paris Agreement, which states that "All Parties should strive to formulate and communicate long-term low greenhouse gas emission development strategies, mindful of Article 2 taking into account their common but differentiated responsibilities and respective capabilities, in the light of different national circumstances" (UNFCCC, 2015). A framework climate change law is deemed to fulfill this component when its text explicitly mentions the design, elaboration or implementation of a Long-Term Strategy for the country in question.
Source: Prepared by the authors based upon consultation of secondary sources. (UNFCCC, 2015).
- Nationally Determined Contributions (NDCs): In the context of the Legislative Tracker, NDCs refer to documents submitted by States to the UNFCCC in response to Article 3 of the Paris Agreement, which states that, in communicating their nationally determined contributions, “all Parties are to undertake and communicate ambitious efforts as defined in Articles 4, 7, 9, 10, 11 and 13 with the view to achieving the purpose of this Agreement” (UNFCCC, 2015). In the context of the Legislative Tracker, a framework climate change law will be deemed to fulfill this component when its text explicitly mentions the country’s Nationally Determined Contribution or the process of drafting and design thereof.
Source: Prepared by the authors based upon consultation of secondary sources. (UNFCCC, 2015).
- National Climate Change Plan: For the purposes of the Legislative Tracker, a National Climate Change Plan is the organizing and planning document that synthesizes a country's policies for mitigation of greenhouse gas emissions and establishes and coordinates strategies, policies, measures and initiatives for adaptation to the impacts of climate change. In the context of the Legislative Tracker, a framework climate change law is deemed to fulfill this component when its text explicitly mentions the design or implementation of a National Climate Change Plan.
Source: Prepared by the authors based upon consultation of secondary sources. (Official Bulletin of the Argentine Republic, 2019; Ministry of Environment of Chile, 2023b).
- Sectoral Climate Change Plans: For the purposes of the Legislative Tracker, a country will be deemed to have this component when its text includes explicit provisions and directives for the design of specific strategies oriented towards particular economic sectors as part of its National Climate Change Plan or NDCs.
Source: Prepared by the authors based upon consultation of secondary sources. (Ministry of Environment and Sustainable Development of the Republic of Argentina, 2023b; Ministry of Environment and Sustainable Development of Colombia, 2023b).
- Climate-Change Adaptation Plan: For purposes of the Legislative Tracker a country will be deemed to have this component when its text includes provisions regarding inclusion of an adaptation perspective as part of its National Climate Change Plan or NDCs.
Source: Prepared by the authors based upon consultation of secondary sources. (Ministry of Environment and Sustainable Development of Colombia, 2023a; Ministry of Environment and Energy of Costa Rica, 2022).
- Detailed Minimum Measures for Sectoral Plans: For the purposes of the Legislative Tracker, a country will be deemed to have this component when its text includes binding provisions for mitigation and/or adaptation measures targeted at specific economic sectors within the country.
Source: Prepared by the authors based upon consultation of secondary sources. (Ministry of Environment and Sustainable Development of the Republic of Argentina, 2023b; Ministry of Environment and Sustainable Development of de Colombia, 2023b).
- GHG Inventory: For the purposes of the Legislative Tracker, a country will be deemed to have this component when its text includes provisions regarding the management of greenhouse gas inventories, as stipulated in Article 13, paragraph 7 of the Paris Agreement, which states that "Each Party shall provide the following information periodically: (a) A national inventory report of anthropogenic emissions by sources and removals by sinks of greenhouse gases".
Source: Prepared by the authors based upon consultation of secondary sources. (UNFCCC, 2015).
- Prospective GHG scenarios: For the purposes of the Legislative Tracker, a country will be deemed to have this component when its text includes provisions regarding the management of projections of greenhouse gas emissions to guide the Legislative Trackering of future GHG emissions.
Source: Prepared by the authors based upon consultation of secondary sources. (Ministry of Environment of Chile, 2023c).
- Binding Measures for Energy Transition, Sustainable Mobility, Buildings, Commercial Air-transport Sector, Fisheries-Maritime Sector, Conservation, Ecosystem Protection and Biodiversity, Food Security and Sovereignty, and Public Procurement: For the purposes of the Legislative Tracker, a country will be deemed to have this component when its text includes binding provisions regarding mitigation and/or adaptation measures targeted at specific economic sectors. Binding measures refers to any mandatory provision within a legislative instrument with which parties are legally obliged to comply.
Source: Prepared by the authors based upon consultation of secondary sources. (Ministry of Environment and Sustainable Development of Republic of Argentina, 2023b; Ministry of Environment and Sustainable Development of de Colombia, 2023b).
- Implementation of Legislative Tracking: For the purposes of the Legislative Tracker, a country will be deemed to have this component when, in addition to provisions establishing the design and implementation of strategies, policies, or measures for climate change mitigation and adaptation, its Framework Climate Change Law establishes periodic Legislative Tracking of implementation. This applies regardless of the agency or organization responsible for such Legislative Tracking, its frequency or implementation methodology.
Source: Prepared by the authors based upon consultation of secondary sources. (Under-Secretariat for Institutional Strengthening of the Republic of Argentina, 2021; Climate Change Law Observatory of Chile, 2023).
- Climate Change Board or Office: For the purposes of the Legislative Tracker, a country will be deemed to have this component when its Climate Change Framework Law provides for the creation of an institutional body responsible, at least, for coordination between different government sectors affected, and for deployment of strategies, policies and initiatives for global climate change mitigation and adaptation. This body may or not also entail participation of representatives of academia, the Judicial or Legislative Branches, civil society and private sector.
Source: Prepared by the authors based upon consultation of secondary sources. (Infoleg, 2016a; Ministry of Environment of Chile, 2023d).
- Climate Change Institute or Agency: For the purposes of the Legislative Tracker, a country is deemed compliant with this component when its Climate Change Framework Law provides for creation of an entity, body, institute or agency dedicated to supporting technical, scientific and/or public policy making aspects of climate action.
Source: Prepared by the authors based upon consultation of a secondary source. (Government of Mexico, 2023).
- Scientific Advisory: For the purposes of the Legislative Tracker, a country is deemed compliant with this component when its Climate Change Framework Law encompasses involvement of the scientific community at one or more institutional levels, for example, in the climate change board or office, in the drafting of a national climate change plan, of NDCs, or of a Long-Term Strategy.
Source: Prepared by the authors based upon consultation of secondary sources. (Infoleg, 2016a; Ministry of Environment of Chile, 2023d).
- Comprehensive Citizen Participation: For the purposes of the Legislative Tracker, a country is deemed to have this component when its Climate Change Framework Law includes provisions for citizen participation at one or more institutional levels, for example, participation of civil society, academia, or youth movements in the climate change board or office, or in the development of the National Climate Change Plan, NDCs, or Long-Term Strategy.
Source: Prepared by the authors based upon consultation of secondary sources. (Infoleg, 2016a; Ministry of Environment of Chile, 2023d).
- Information on Climate Change Vulnerability and Risks: For the purposes of the Legislative Tracker, a country is deemed to have this component when its Climate Change Framework Law includes provisions related to information on climate change vulnerability and risks. Such provisions should address the collection, sorting, management, publication, and communication of such information to stakeholders and the public. The definitions of vulnerability and risk adopted within the OPCC are based on IPCC reports. Vulnerability is understood as "the propensity or predisposition to be adversely affected by climate change, and encompasses various concepts and elements, such as sensitivity or susceptibility to harm and the lack of capacity to cope with and adapt to climate change" (IPCC, 2022). Risk is defined as the "potential for adverse consequences for human or ecological systems, recognizing the diversity of values and objectives associated with such systems" (ibid.).
Source: Prepared by the authors based upon consultation of secondary sources (ibid.).
- Climate Vulnerability Platform: For the purposes of the Legislative Tracker, a country is deemed to have this component when its Climate Change Framework Law includes provisions related to the design, implementation and management of a publicly accessible online platform or website for the purpose of facilitating access to national information referent to vulnerability of communities and territories to projected climate change effects.
Source: Prepared by the authors based upon consultation of secondary sources. (ibid.)
- Just Transition Strategies or Measures: For the purposes of the Legislative Tracker, a country is deemed to have this component when its Climate Change Framework Law includes provisions for the design, implementation and management of strategies, policies or actions to ensure fair and equitable treatment for workers and territories within the context of the social, economic and ecological transition required to comply with commitments assumed under the Paris Agreement and subsequently adopted to varying degrees at the domestic level.
Source: Prepared by the authors based upon consultation of secondary sources. (United Nations, 2023c; UNDP, 2023)
- Provincial or State-level Plans: For the purposes of the Legislative Tracker, a country is deemed to be in compliance with this component when its Climate Change Framework Law, in accordance with the constitutional framework of each national State regulating the relationship between the National or Federal level and sub-national state or provincial levels, includes provisions for the coordination, design, implementation, and management of climate change at the sub-national level plans (see the definition of a National Climate Change Plan).
Source: Prepared by the authors based upon consultation of secondary sources. (Official Bulletin of the Republic of Argentina, 2019; Ministry of Environment of Chile, 2023b).
- Access to Information: For the purposes of the Legislative Tracker, a country is deemed compliant with this component when its Climate Change Framework Law includes provisions designed to ensure that data and information relating to compliance with said law are treated as public information, and that such information is publicly disseminated and access thereto ensured for communities and all relevant stakeholders.
Source: Prepared by the authors based upon consultation of secondary sources. (Official State Gazette of Spain, 2013; Official Federal Gazette of Mexico, 2015; Infoleg, 2016b).
- Climate Change Finance Strategy: For the purposes of the Legislative Tracker, a country is deemed compliant with this component when its Climate Change Framework Law includes provisions related to the design, implementation and management of a national strategy for ensuring the necessary flows of economic and financial resources to enable implementation of that State’s climate and sustainable development goals.
Source: Prepared by the authors based upon consultation of secondary sources. (Ministry of Finance of Chile, 2019).
- Specific Fund: For the purposes of the Legislative Tracker, a country is deemed compliant with this component when its climate change legislation includes a provision for the establishment of a dedicated climate finance fund aimed at reducing greenhouse gas emissions, enhancing greenhouse gas sinks, reducing vulnerability, maintaining and enhancing the resilience of human and ecological systems to the adverse effects of climate change.
Source: Prepared by the authors based upon consultation of secondary sources. (ECLAC, 2017; Murasawa et al., 2021).
- Other Economic Instruments: For the purposes of the Legislative Tracker, a country is deemed compliant with this component when its climate change legislation, includes special provisions not only for the establishment of a specific fund, but also for eco-taxes or a differentiated fiscal policy, or emissions trading markets, issuing of new or use of existing economic instruments economic instruments for the purpose of providing climate finance targeted at reducing emissions and enhancing greenhouse gas sinks, with the aim of reducing vulnerability, preserving and increasing the resilience of human and ecological systems to the adverse effects of climate change.
Source: Prepared by the authors based upon consultation of secondary sources. (Meirovich, 2013; Scardamaglia, 2019; IDB, 2022; UNFCCC, 2022).
- Eco-Taxes or Differentiated Fiscal Policy: For the purposes of the Legislative Tracker, a country is deemed compliant with this component when its climate change legislation includes provisions for the establishment of taxes, levies, or differentiated fiscal policy instruments targeted at reducing emissions and enhancing greenhouse gas sinks, for addressing the vulnerability of human and ecological systems, while maintaining and strengthening resilience to the adverse effects of climate change.
Source: Prepared by the authors based upon consultation of secondary sources. (Meirovich, 2013; Scardamaglia, 2019; IDB, 2022; OECD, 2017; UNFCCC, 2022).
- Private Sector Emissions Registry or System: For the purposes of the Legislative Tracker an emissions trading registry is deemed to mean an online database that issues, records, and tracks carbon credits exchanged within market mechanisms or financed through results-based climate financing programs.
Source: Prepared by the authors based upon consultation of secondary sources. (European Commission, 2023c; Government of Mexico, 2021).
- Regulation of Private Sector Emissions Limits: For the purposes of the Legislative Tracker , a country is deemed compliant with this component when its climate change legislation includes provisions to regulate maximum allowable greenhouse gases (GHGs) emissions by industries and the private sector, regardless of the structure, scope, dimension, or temporality of such regulations.
Source: Prepared by the authors based upon consultation of secondary sources. (European Commission, 2023c; Environmental Defense Fund, 2023; Government of Mexico, 2021; ICAP, 2023).
- Establishment and Regulation of an Emissions Trading Market: For the purposes of the Legislative Tracker, a country is deemed to have this component when its climate change legislation includes a provision for establishment of an Emissions Trading System (ETS) as a market-based tool for controlling emissions, whereby a regulator defines an upper limit on greenhouse gas emissions (GHG cap) that can be discharged in clearly defined sectors of an economy, and emissions allowances or permits are allocated or sold within the ETS to entities participating in the system.
Source: Prepared by the authors based upon consultation of secondary sources. (European Commission, 2023c; Environmental Defense Fund, 2023; Government of Mexico, 2021; ICAP, 2023).
3.6 References
UNHCR (2023). Grupos minoritarios y pueblos indígenas. [online] [date of access: June 12 2023] https://www.acnur.org/grupos-minoritarios-y-pueblos-indigenas
Inter-American Development Bank - IDB (2022). Cómo los gobiernos pueden hacer una gestión financiera pública verde. [online] [date of access: July 11, 2023] https://blogs.iadb.org/gestion-fiscal/es/gestion-financiera-publica-verde/
World Bank (2020). “World bank reference guide to climate change framework legislation” EFI Insight-Governance. Washington, DC: World Bank [online] [date of access: June 24, 2023] https://openknowledge.worldbank.org/server/api/core/bitstreams/a668497e-ba39-5831-88f4-547c567686de/content
___ (2021). Sustainable Finance [online] [date of access: July 12, 2023] https://www.worldbank.org/en/topic/financialsector/brief/sustainable-finance
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