United NationsDepartment of Economic and Social Affairs Sustainable Development

Supporting the revision and developing of national legislation for climate change adaptation and mitigation

Food and Agriculture Organization of the United Nations – Development Law Service (
United Nations / Multilateral body
)
    Description
    Intro

    Climate change threatens our ability to ensure global food security, eradicate poverty and achieve sustainable development. Greenhouse gas (GHG) emissions from human activity and livestock are a significant driver of climate change, trapping heat in the earth's atmosphere and triggering global warming. Climate change has effects on agricultural productivity including changing rainfall patterns, drought, flooding and the geographical redistribution of pests and diseases. FAO is supporting countries in developing national legislation for climate change adaptation and mitigation, as an integral part of the 2030 agenda and the SDGs.

    Description

    Legal and institutional frameworks are essential to reduce the impact of climate change effects. FAO combines technical and legal knowledge to support countries in the creation of comprehensive climate change policies and laws. As a cross-cutting issue, climate change adaptation and mitigation measures must be considered in different sectors of legislation. FAO provides a holistic advice to assist national institutions in charge of food, agriculture and natural resources to take climate change considerations into account in decision-making. FAO assists countries in reviewing and assessing current legal and institutional frameworks and provide recommendations for the development of tailor-made national legislation to implement international commitments and achieve policy goals.

    Contribution to SDG Implementation

    Legislation for climate change adaptation and mitigation is key to achieve SDG 13 “Climate Action”, in particular to achieve target 13.2 “Integrate climate change measures into national policies, strategies and planning”. However, it also has a clear impact on SDG1 “No Poverty”, SDG2 “Zero Hunger” and SDG15 “Life on Land”, among others, because climate change is a cross-cutting issue that affects every area of sustainable development which inspires the 2030 Agenda.

    Implementation methodologies

    As part of FAO’s support to national authorities to take measures for the adaptation and mitigation on climate change effects, while implementing international commitments adopted, FAO assisted the Government of Peru in the development of the Framework Law on Climate Change. FAO’s support consisted in providing advice to bridge gaps in national legislation on climate issues and agriculture, enabling integration of climate change goals in the agriculture sector, providing recommendations on aligning national laws with international agreements, obligations and normative guidelines. In the case of the Latin American and Caribbean Parliament’s (PARLATINO) Model Law on Climate Change and Food Security and Nutrition, this process began in 2017, and due to the technical collaboration of FAO and UNEP, the Model Law was finally adopted in February 2021. The Development Law Service, in collaboration with the REDD+ Team, as part of the FAO support team the PARLATINO, led by the Hunger Free Initiative for Latin America and the Caribbean, provided technical assistance in the drafting and discussion of the Model Law. This law establishes a legal framework of reference by identifying the key regulatory elements to inspire and facilitate the implementation of mitigation and adaptation strategies at the national level to address the management of climate change and its impact on food security and nutrition.

    Results

    In 2016 Peru adopted the first Framework Law on Climate Change approved in the Latin American and Caribbean region after the Paris Agreement. The Peruvian Framework Law Nº 30.754 lays the foundations of an institutional framework to prevent risks and reduce Peru's vulnerability to climate change, determine the key instruments for climate change management at the national level, and define priority areas for adopting mitigation and adaptation measures. The law includes an intergenerational approach in the management of climate change, with special emphasis on the role of indigenous peoples and gender perspective. The PARLATINO’s Model Law on Climate Change and Food Security and Nutrition establishes the minimum budgetary implications to protect the environment by guaranteeing adequate adaptation and mitigation actions, instruments and strategies to face the challenges posed by global climate change, in accordance with the specific objectives of the Paris Agreement.

    Factors and Constraints

    The global trend to respond to climate change effects attracted wide attention after the adoption of the 2016 Paris Agreement. The Government from Peru, a country high of the list of those most vulnerable to climate change, had the political will to push for the adoption of the Framework Law on Climate Change. Similarly, the PARLATINO started working on the Model Law on Climate Change and Food Security and Nutrition in 2017 after the Paris Agreement. This law was adopted due to the collaborative technical and political support provided by UNEP and FAO to the PARLATINO.

    Sustainability and replicability

    When adopting the Framework Law, the Ministry of Environment from Peru estimated that, for every “sol” (national currency) invested in climate change adaptation and mitigation measures, ten “soles” would be saved thanks to the prevention of disasters. Therefore, investing in climate change adaptation and mitigation is an investment for the future of countries and its sustainable development. The PARLATINO’s Model Law on Climate Change and Food Security and Nutrition aims to support countries of the region in the development of national legislation and policies to tackle climate change effects, considering its severe impact in food security and nutrition. Therefore, and as it has previously happened with other PARLATINO Model Laws, this instrument is expected to trigger and encourage the development of legislation on climate change by other countries of the region.

    COVID-19 Impact

    In order to implement the Climate Change Law of Peru, the High Commission on Climate Change has been created by Supreme Decree in 2020, having the objective to reinforce climate change commitments in compliance with the Paris Agreement, which will contribute to tackle the indirect effects and causes of COVID-19. The PARLATINO’s Model Law on Climate Change and Food Security and Nutrition was approved in February 2021, thus this instrument already considers COVID-19 impacts. Indeed, one of the reasons of the PARLATINO to adopt the Law was the believe that the law will help countries to rebuilding better after the pandemic, with an emphasis on more sustainable and resilient means of production, in addition to reducing poverty and food insecurity.

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    Timeline
    02 May 2016 (start date)
    28 February 2021 (date of completion)
    Partners
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    SDGs
    Countries
    Peru
    Peru
    Contact Information

    BLAISE, Chief - Development Law Service