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Updated 7 April 1997

Late Breaking News

INFORMAL BRIEFING BY THE PRESIDENT OF THE GENERAL ASSEMBLY ON THE SPECIAL SESSION

Reported by Chad Carpenter, LL. M.

On 2 April 1997, the President of the General Assembly, Razali Ismail, held an informal briefing to discuss the organization of work for the nineteenth Special Session of the General Assembly. The President addressed, inter alia, the organization of the list of speakers for the debate and the participation of major groups, including non-governmental organizations (NGOs). The President also convened an informal session on 4 April to continue discussion on the participation of major groups.

PARTICIPATION OF MAJOR GROUPS

On participation of major groups, the Chair presented a draft stating that taking into account the relevant provisions of resolution 51/181 and the fact that the nineteenth special session of the General Assembly is a follow-up to the Rio Conference, the General Assembly decides that major groups including NGOs will participate in that special session in the same manner as at the Rio Conference. It also states that as special sessions will also be held to follow-up on other United Nations global conferences, the same arrangements will apply for the participation of major groups including NGOs at those special sessions. The draft also notes that these arrangements will apply exclusively to special sessions devoted to follow-up on United Nations global conferences and this decision will in no way create a precedent for special sessions of the General Assembly that are not specifically devoted to follow-up on global conferences.

On 4 April, the President presented the delegates with a revised draft. Under the draft, the General Assembly resolution 51/181 of 16 December 1997 by which the General Assembly recognized, inter alia, the important contributions made by major groups, including non-governmental organizations, at UNCED and in the implementation of its recommendations and also recalls that by the same resolution invited the President of the General Assembly, in consultation with Member States, to propose to Member States appropriate modalities for the effective involvement of major groups in the nineteenth special session of General Assembly. Under the draft, the General Assembly also decides that major groups, including non-governmental organizations, will be invited to participate in the plenary meeting of the nineteenth special session of the General Assembly in the debate on an overall review and appraisal of implementation of Agenda 21.

The General Assembly also decides that major groups, including non-governmental organizations, which cannot be accommodated in the debate over an overall review and appraisal of the implementation of Agenda 21 in the plenary meeting of the nineteenth special session, may be invited to address the Ad Hoc Committee of the Whole of the Special Session. Under the draft, the President of the General Assembly is invited to extend invitations to representatives of major groups, including non-governmental organizations, to participate in the special session. The General Assembly also decides that arrangements concerning the participation of major groups, including non-governmental organizations, in the nineteenth special session will in no way create a precedent for other special sessions of the General Assembly.

The US and the G-77 expressed concern regarding the NGOs that would be allowed to speak in the Plenary. The US stated that NGOs accredited to ECOSOC or the CSD should be allowed to participate and noted his understanding that "participation" allows NGOs to speak in the Plenary but not engage in negotiation. He also said that "participation" should allow NGOs to observe meetings that are "open."

JAPAN noted that it is not appropriate to take "comprehensive" decisions regarding the participation of NGOs in future special sessions of the General Assembly and praised this draft decision for reflecting this idea. CANADA also expressed support.

The President noted, on the meaning of participation and the selection of major groups, he noted that he will select major group representatives to speak in the Plenary and to the Ad Hoc Committee of the Whole according to certain criteria, such as NGOs in consultative status with ECOSOC and Roster NGOs, equitable geographic distribution, gender balance, NGOs with a demonstrated commitment to and involvement in the implementation of Agenda 21. He said and representatives speaking on behalf of these groups at the Plenary will be representatives at the highest level. As to how they will be chosen, he noted that major groups have their own "self-organizing" and "self-selecting" mechanisms and said he would write to these "focal points" for their recommendations from which the final selection will be made. He noted the CSD NGO Steering Committee, the CSD Youth Working Group, the World Business Council for Sustainable Development as examples.

He noted, regarding the number of speakers, that in a session of roughly 20 speakers, three or four would be likely be non-governmental representatives, including task managers. He said he might group them toward the end of each session. As for the Ad Hoc Committee of the Whole, he noted that there are experiences to be gained from the various conferences and there are rules that can be applied. For example, ECOSOC resolution 1996/31/Part 7, paragraphs 50,51 and 52. He reiterated that NGOs would be present and would address the COW and noted the COW is not always in closed negotiations. He noted that the participation of NGOs in the COW would be at the discretion of the Chair and the Bureau. The moment that states enter into active negotiations, NGOs will be asked to leave the room. He recalled that this type of situation has happened before and those experiences will prove useful this time.

As for the number of NGOs, he said that in the Plenary 50 passes will be issued for the Special Session and distributed among the NGOs and major groups. He noted that approximately 1000 have registered. He recalled that when a similar situation has arisen in the CSD, there was never an occasion where the NGOs "swarmed" or interfered with the proceedings. He anticipated a good spirit of cooperation among governments and NGOs in all the proceedings of the Special Session.

The US requested clarification on the President's distinction between NGOs with consultative status with ECOSOC and NGOs with a demonstrated commitment to the implementation of Agenda 21. For this latter group, the US asked whether the President was referring to NGOs that participated in UNCED and were later given continuing status to the CSD or does it represent a new list. If in fact, this term refers to CSD-accredited NGOs, perhaps they could be included in the first grouping. The President stated he was making a selection of the most relevant people from the large list of NGOs with consultative status with ECOSOC and therefore it was necessary to also consider how involved they have been in the implementation of Agenda 21. It is a closer selection process. The President suggested that the General Assembly could meet under the item of the Special Session and adopt this draft decision.

The US urged, in the amending the paragraph that mentions "major groups, including NGOs," to mention NGOs first because this resolution focuses on enabling NGOs to speak, which could include major groups. The President noted that the language is taken from resolution 51/181. The US said it was one thing to recognize the contribution made to UNCED, it is another to establish a rule that determines which on them will be enabled to speak at the plenary session. He proposed that the General Assembly decide that NGOs with ECOSOC, Roster and CSD-accredited status be enabled to speak.

NIGERIA, TANZANIA, on behalf of the G-77/CHINA, supported the President. The US requested including the President's list of criteria. The G-77/CHINA cautioned against including a definition in a resolution and expressed confidence that representatives would be chosen with transparency. The RUSSIAN FEDERATION noted that participation by NGOs is not provided for by the Charter, but noted that this is a special session. He said that this situation requires serious study because this resolution creates a precedent, despite its language to the contrary. He also noted that the word "participation" is not in keeping with the Charter, which says that ECOSOC can carry out consultations. He said he would reserve his final position on this resolution.

The President noted that the politics of the sub-group had now come into the discussion, which is unrelated to the matter at hand. He noted that he had tried to exclude any element from the sub-group discussions in this resolution and asked how much more study is needed for this issue? PAPUA NEW GUINEA, supported by CHINA, said that the misunderstanding is over the criteria and proposed another document in addition to the resolution to clarify them. The US proposed that General Assembly decide that major group identified in Agenda 21 and NGOs with consultative and roster status will be invited.

MALAYSIA said this proposal unnecessarily complicates the issue. The President noted his hesitancy in changing the language of resolutions. He proposed following the suggestion of CHINA and PAPUA NEW GUINEA. The EU, CANADA, CUBA agreed. The US said it would wait for the explanatory language. The President said he did not anticipate another session to discuss this issue next week. He also appealed to the RUSSIAN FEDERATION to agree to the draft decision. The RUSSIAN FEDERATION noted that there are still a number of questions that could complicate the work of the Special Session and said that including specific could help avert them. He said he did not wish to stand in the way of consensus.

The Chair noted that for the Committee of the Whole will need a Chair, three Vice-Chairs and a rapporteur. The Chair will be the head of the Preparatory Committee for the Special Session, which is the CSD. The Chair of the Group will be the Chair of CSD. He said he will consult on the Vice-Chairs and the rapporteur when a new CSD is constituted.