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Special Session of the General Assembly to Review and Appraise the Implementation of Agenda 21

Late Breaking News from the Informal Consultations

Updated 20 June 1997

Reported by Peter Doran, Earth Negotiations Bulletin

Informal consultations on the draft outcome of UNGASS and the draft political statement by Heads of State have been extended for one day. Further meetings will take place on Saturday, 21 June. Much of the time will be taken up with cross-sectoral issues, notably finance and implementation, and further discussion on a compilation text with numerous amendments to the draft political statement. Discussions on sectoral issues are near completion, with the exception of those issues that cannot be resolved without political decisions at UNGASS, including the references to the Framework Convention on Climate Change (FCCC) Conference of the Parties in Kyoto, follow-up to the CSD Intergovernmental Panel on Forests, and an EU-backed proposal to introduce an international tax on aviation fuel to fund sustainable development. On Saturday, CSD-5 Chair, Dr. Mostafa Tolba (Egypt) will also outline his planned statement to the opening session of UNGASS.

 Informal Consultations on Sectoral Issues

 Under the chairmanship of Derek Osborn (UK), delegations moved closer to agreement on energy, including paragraph 39(g) on cost internalization. Agreement reached at CSD-5 on energy costs threatened to unravel earlier in the week when negotiations began on the basis of a G-77/CHINA draft rather than the previously agreed CSD-5 text. Apparently some of the elements agreed at CSD-5 did not meet with a positive reception in some capitals.

On Friday near agreement was reached on a package involving several paragraphs. In paragraph 35 on the reduction of the environmental impact of fossil fuel development, brackets were removed from a reference to "appropriate national action". On paragraph 39(d) the G-77/CHINA, the EU and US agreed to consider a compromise formulation after prolonged discussion on the inclusion of a reference to "time bound" commitments for the transfer of technology. The compromise text reads: "Evolving commitment for transfer of relevant technology including time bound commitments, as appropriate, to developing countries and economies in transition so as to enable them to increase the use of renewable energy sources and cleaner fossil fuels and to improve efficiency in energy production, distribution and use."

Delegations accepted a reformulation of paragraph 39(g) on cost internalization: "Encouraging Governments and the private sector to consider appropriate ways to gradually promote environmental cost internalization so as to achieve more sustainable use of energy, taking fully into account the economic, social and environmental conditions of all countries, in particular developing countries. In this regard the international community should cooperate to minimize the adverse impacts on the development process of developing countries resulting from these policies and measures." The paragraph goes on to encourage the reduction and the gradual elimination of subsidies for energy production and consumption that inhibit sustainable development, taking into account the specific needs and conditions of developing countries, particularly the least developed countries, as reflected in the special and differential treatment accorded them in the WTO agreement on subsidies and countervailing measures.

On paragraph 39(h), the G-77/CHINA agreed to text encouraging better coordination of energy within the UN system under the guidance of the General Assembly. The G-77/CHINA continued to object to a section footnote inserted by the EU and linking its acceptance of the text to agreement on the CSD Programme of Work, specifically agreement to make energy the sole sectoral theme and transport the sole economic sectoral theme at the CSD-9 in 2001. The EU said it would not insist on the footnote once agreement was reached on the section.

In the section on atmosphere, the G-77/CHINA agreed to a formulation referring to the Berlin Mandate: "It is recognized as one critical element of the Berlin Mandate that the commitments under article 4, paragraph 2(a) and (b) of the FCCC are inadequate and therefore there is a need to strengthen these commitments." A number of formulations of paragraph 42, referring to the anticipated result of the FCCC COP in Kyoto, remain in brackets awaiting a political decision at UNGASS. All other disputed text in the section on atmosphere has been resolved.

The only other outstanding issue in sectoral issues is radioactive waste (paragraphs 49, 50, and 51) At the outset a representative of the NGO, Plutonium Free Future/Women's Caucus, said women have an acute interest in radioactive waste and sources of nuclear power and weaponry. She addressed the environmental and health impacts on women, children, reproductive health and the rising tide of world cancer victims. She supported the "proximity principle" and called for the phase-out of nuclear power by 2010. Finally, she described the special needs of small island developing States and indigenous peoples and their lands. Consultations reconvened Friday evening to consider a new set of amendments.

In paragraph 49, CANADA proposed that radioactive wastes can have very serious environmental and human health impacts over long periods of time "unless" they are managed in a safe and responsible way. The G-77/CHINA supported while the US opposed reference to the principle that States that generate radioactive wastes are responsible for their storage and disposal. The paragraph goes on to assert that, in general, it is best for radioactive wastes to be disposed of in the [place] [territory] in which they are generated as far as is compatible with the safety of the management of such material, and that States takes fully into account any transboundary effects. Other disputed text states: "The international community should make all efforts to prohibit the export of radioactive wastes to those countries that do not have appropriate waste treatment and storage facilities, recognizing that regional arrangements or multinational facilities might be appropriate for the disposal of such wastes in certain circumstances. In a reference to the management of radioactive wastes in a manner consistent with the provisions of internationally acceptable standards, RUSSIA deleted a reference to "customary international law"; the US suggested and the G-77/CHINA with MEXICO opposed a restriction of a reference to relevant international and regional conventions to those "to which the countries are a party". The G-77/CHINA and MEXICO supported, and JAPAN, the EU and the US opposed, a reference to: "Where such activities are likely to have a significant adverse transboundary environmental effect, States shall provide prior notification and relevant information and consult, at an early state, with States that could be impacted by such activities."

In paragraph 51, on increased global and regional cooperation, including exchange of information and technology transfer, a reference to the need to clean up sites contaminated as a result of "military activities using nuclear materials and as a result of uranium mining" also remains in brackets along with a call for technical assistance, "recognizing the special needs of small island developing States and coastal States relating to the risk of environmental impact form those activities."

Informal Consultations on Forests

Compromise text (paragraph 34 on follow up to the CSD IPF) circulated by the Chair of the informal consultations on forests met with little success Friday. It appears that negotiators on both sides of the argument about the question of a Forest Convention have received instructions to await the outcome of related talks expected at the G-7+1 Summit in Denver over the weekend. The Chair's text calls for continuations of the intergovernmental policy dialogue on forests through the establishment of an ad hoc open-ended Intergovernmental Forum on Forests under the aegis of the CSD, with a focused and time-limited mandate, charged with, inter alia: promoting and facilitating the implementation of the IPF's proposals for action, reviewing, monitoring and reporting on progress and the management, conservation and sustainable development of all types of forest; the consideration of matters left pending by the IPF, in particular trade in forest products and services and the environment, transfer of technology, and the need for financial resources.

Some delegations were particularly opposed to a fourth paragraph suggesting that the proposed Forum elaborate possible elements of and build the necessary consensus for a decision to initiative negotiations for a legally-binding instrument on all types of forests and to report on its work to the CSD in 1999 for appropriate action. The EU said it could not accept such a text because it does not refer to an INC.

Delegations also addressed subparagraph 33(d) calling for further clarification of issues arising from the IPF process including [traditional forest-related knowledge]. BRAZIL said the issue was intellectual property rights. VENEZUELA detailed a list of products appropriated by the North without remuneration. CANADA raised the concern that remuneration reach indigenous peoples and suggested elevating the issue by placing it in another paragraph. This was resisted by the G-77/CHINA. The Chair encouraged BRAZIL, US, VENEZUELA, CANADA to work out a compromise on the issue of forest-related knowledge.

 Informal Consultations on the Draft Political Statement

 CSD Chair Mostafa Tolba reconvened informal consultations on proposed amendments to the draft political statement during morning and afternoon sessions. Delegations responded to amendments compiled in a revised draft circulated on Monday. After a further round of consultations on Saturday a new compilation text will be prepared for consideration by the Committee of the Whole at UNGASS. At the very least there will be brackets around issues that also remain to be resolved in negotiations on the draft outcome. A preliminary attempt to compose a new compilation based on Thursday's deliberations on paragraphs 1-3 was distributed to the regional groups Friday. There remain significant differences between the G-77/CHINA and others on their perspectives and approaches to sustainable development.

Amendments, with the delegations that proposed them in brackets, include:

  • A call for accelerated implementation of Agenda 21. (G-77/China)
  • Reaffirmation that sustainable development must be considered as the overall goal for both national policies and international cooperation. (EU)
  • Reference to the critical role of business, youth and indigenous people(s). (Canada)
  • The participation of women and men on the basis of equality. (EU)
  • The disappointment lack of fulfillment of international commitments agreed upon at Rio. (G-77/China)
  • The growing gap between rich and poor among and within countries. (US)
  • Commitment to the substantial flow of resources to developing countries. (G-77/China)
  • Integration of economic, environmental, social objectives and democracy, respect for human rights and good governance. (EU, Canada, Norway)
  • Full support to the implementation of the WTO plan of action for the least developed countries. (EU)
  • Encouragement of the business sector to adopt codes of conduct for corporate responsibility and sustainable management strategies. (Norway)
  • Reaffirmation that the major cause of the continued deterioration of the global environment is unsustainable patterns of consumption and production in the industrialized countries. (G-77/China)
  • Commitment to a durable solution of the external debt problem. (G-77/China)
  • Increased concentration of ODA on the poorest countries. (EU)
  • The importance of the third session of the Conference of the Parties to the UNFCCC in Kyoto. (Japan)
  • The role of international financial institutions in implementing sustainable development. (G-77/China, Australia)
  • Immediate action and long term commitment to sustainable forest management. (EU)

 Informal Consultations on the CSD Programme of Work (1998-2002)

At the informal consultations on the draft CSD programme of work the US welcomed the introduction of a thematic approach to issues and called on others not to detract from the agreed structure. He said such an approach, commencing with consideration of freshwater issues under sectoral themes in 1998, would facilitate more strategic thinking. On energy, which is to be taken up as a sectoral or cross-sectoral theme in 2001, he reassured the G-77/CHINA that both the essential developmental and environmental aspects would be examined. On the proposed overriding issues of poverty along with consumption and production, the EU assured IRAN that there was no intention to link discussion of these items within the same context. The EU and AUSTRALIA agreed to consider a COLOMBIAN proposal to replace the "Integrated Freshwater Management" with "Strategic Approach to Freshwater Management" -- the sectoral theme to be taken up in 1998. There was no agreement on taking energy and atmosphere together as a sectoral theme or taking energy as a cross-sectoral theme in 2001.

In the Corridors I

This week's consultations are taking place under the shadow of globalization and a nervousness about commitments that may have implications in other fora, notably the WTO, according to one influential NGO from the South. While the 1992 "Earth Summit" appeared to aspire to an era of global partnership, subsequent economic trends and agreements based on enhancing competitiveness in the global market undermine the prospects for sustainable development including environmental protection.

 In the Corridors II

While the main body of States participating in the informal consultations struggle with an ever expanding draft political declaration which threatens to defeat its purpose in providing a media-friendly and focused message to "the people at the bus stops" (one delegation's way of referring to the global constituency of citizens), countries who share the French language have come up with their own draft ministerial declaration. Delegates have praised its focus, its content, and brevity. There are notable references to the need for a conclusive role for women at all levels of decision-making on sustainable development and the innovative and important contribution of NGOs in local implementation.

In the Corridors III

NGOs and delegations alike appreciated the frankness of an EU delegate at the informal consultations on sectoral issues when he was challenged to explain the logic of some language he had just proposed. The delegate responded: "This is a political process and it doesn't have to make sense all the time." Observers suggested that the EU had outshone the Indian delegate on Thursday who repeatedly welcomed the introduction of "constructive ambiguity" into the draft texts for UNGASS.