To all participants of WSSD Preparation Process
Dear Colleagues,

Our NGO has been developing the idea of global legal act for ecological security  (World Ecological Constitution, WEC), which would give a strong impetus for Rio-92 implementation.

  This idea is relevant for the initiatives proclaimed at Rio+5 in 1997 in Joint Declaration of Brazil, Germany, South Africa and Singapore as well as in the speech by the President of Ukraine.
We are presenting here our draft Declaration and ask you to discuss, review and disseminate it in order to reflect the views of a range of different groups involved in the Sustainable Development Agenda. This is because the legal and institutional mechanisms of implementation are now the challenge for WSSD and must be reflected in its decisions by a separate Declaration.

So we invite you to constructive efforts in order to elaborate a draft Declaration that would be proposed for considering and adoption by WSSD.

 Sincerely Yours,

 Yuriy TUNYTSYA
Executive Director, Professor 

Declaration
on the Elaboration of the World Ecological Constitution
as Legal Basis for Sustainable Development

WORLD SUMMIT ON SUSTAINABLE DEVELOPMENT,

Johannesburg, South Africa, August 26-September 04, 2002

Being concerned about inadequate implementation of UNCED (Rio-92) decisions, the worsening of the global and regional ecological situation, and the lack of real evidence of sustainable development in most states,

Confirming its devotion to postulates declared by the Stockholm Declaration on Environment (1972), the report of the World Commission on the Environment and Development (1987), the UNCED Declaration (1992) and other internationally recognized documents aiming at protection of the Global Earth Ecosystem and sustainable development,

Understanding the urgent problems of current economy globalization, integration of ecological and economic goals, the necessity of global cooperation with the aim of environmental protection and sustainable development,

Hoping that the decision of Earth Summit “Rio+10” will oblige the earth powers to tern from slogans toward practical actions for environmental protection and sustainable development, initiate the cessation of anti-ecological economic activity, terrorism and armed conflicts, which cause serious ecological crimes

HEREBY DECLARE:

1. There are three main causes of management failure of our Integral Earth Ecosystem, i ncluding unsatisfactory implementation of “Rio-92” documents:
   - The non-legally binding (not obligatory) nature of “Rio-92” documents, and absence of the Global Legal Act for Earth Ecological Security, which would have jus cogens status;
   – absence of adequate UN institutions – guarantors of ecological security and sustainable development;
   - Inadequate ecological consciousness of most citizens of the Earth.
2. WSSD expresses its determination to initiate the elimination of these three main causes, which hinder the solution of urgent problems of ecological security and sustainable development.
3. Inadequate pattern of production and consumption, deterioration of the environment and intensification of global terrorism and armed conflicts cause enormous damage to national economies and destroy the Global Earth Ecosystem. Thus, it is necessary to elaborate the Global Legal Act for Earth Ecological Security and Sustainable Development – World Ecological Constitution, and to reform the existing UN institutions in an appropriate manner.
4. Humanity’s ambition towards sustainable development, which has been declared in documents of UNCED (Rio-92), could not be realized without adoption of the Global International Legal Act for Earth Ecological Security (World Ecological Constitution) and without establishment of appropriate institutions under the auspices of the UN – Ecological Security Council, World Ecological Organization, International Ecological Court, International Ecological Police, International Ecological Bank.
5. WSSD encourages:
   - The initiative, proclaimed by President of Ukraine at the 19-th special session of UNGA in 1997 and in his Address on the occasion of Chornobyl’ Nuclear Power Plant closure in 2002, concerning the elaboration of the Global International Legal Act for Earth Ecological Security and establishment of appropriate UN institutions;
   -The Joint Declaration of Brazil, Germany, South Africa Republic and Singapore, proclaimed at Rio+5, concerning the establishment of a World Ecological Organization.
6. The initial sources for elaboration of the concept and draft of the World Ecological Constitution, as well as for appropriate reforming of UN institutions should be:
   -The postulates, being declared by the UN Conference in Stockholm (1972), in the report of the World Commission on the Environment and Development (1987), in documents of UNCED (Rio-92), in the decision of the special session of UNGA “Rio+5” in 1997;
   -The ethical postulates of Earth Charter and Ocean Charter;
   - International multilateral and bilateral agreements and conventions, which have been signed in 1972 – 2002.
7. The World Ecological Constitution should become the Global International Legal Act for Earth Ecological Security, which would:
   - Determine the permissible standards of ecological behavior of all sovereign states in the aim of civilization’s survival and flourishing in XXI century;
   - Forbid terrorism as a serious ecological crime, chemical and bacteriological weapons, ecologically dangerous armed conflicts, etc.;
   - Provide the integrity and safety of Global Earth Ecosystem;
   - Guarantee the freedom, rights and obligations for human beings concerning preserving the environment in the process of sustainable development.
8. The World Ecological Constitution, as a legally binding document of jus cogens status, should:
   - Facilitate the international ecological cooperation towards sustainable development;
   -Become the basis of International Environmental Law pyramid;
   - Join into integral system a great number of existing bilateral and multilateral International Agreements on transborder pollution, global climate change, deforestation and desertification, combating poverty and a range of other ecological problems including terrorism.
9. The Concept of reforming of UN institutions (annex 1) should be adopted in order to realize the requirements of the World Ecological Constitution, including the following:
   - Establishing an Ecological Security Council or transmitting the functions of ecological security to the UN Security Council;
   - Raising the status of UNEP to World Ecological Organization;
   - Establishing an International Ecological Court or officially transmitting legal procedures on ecological violence to the International Court of Justice;
   - Establishing an International Ecological Police;
   -Establishing an International Ecological Bank or officially transmitting its functions to the World Bank and Global Ecological Fund.
10. WSSD recognizes as necessary:
    a) Elaboration of the draft of the World Ecological Constitution (WEC);
    b) Substantiation of the proposals concerning the reformation of UN institutions towards WEC implementation;
    c) Elaboration of the draft of amendments and supplements on ecological matters to the UN Statute;
    d) Establishing the ad hoc committee on elaboration of the documents, mentioned in the items a), b), c).