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

Late Breaking News from the Informal Consultations

Reported by Peter Doran, Earth Negotiations Bulletin

On the final day of informal consultations on the draft outcome of UNGASS and the draft political statement by Heads of State, CSD Chair Dr. Mostafa Tolba (Egypt) announced that the main outstanding issues for resolution at the Special Session will include Means of Implementation, trade, mobilization of domestic resources, ODA, and a financial mechanisms for the Convention to Combat Desertification (CCD). Other issues in need of high-level political input will be climate change, forests and a proposed tax on aviation fuel. Two and a half days, including some evening sessions, have been scheduled for the remaining negotiations during UNGASS. NGOs are hoping to make the aviation fuel tax a headline issue on Monday.

Cross-sectoral Issues

Little progress was made in the final round of informal consultations on cross-sectoral issues on Saturday. Most of the disputed language discussed was left in brackets and includes some of the most contentious issues. An entire section, International Legal Instruments (paragraphs 98-107), has not yet been discussed.

Financial resources and mechanisms. In paragraph 74, which states that [in general] financing for the implementation of Agenda 21 will come from countries' own public and private sectors and sets out policy suggestions, the G-77/CHINA noted the emphasis on domestic financing. He suggested a reformulation. The US refused to renegotiate the paragraph and recalled that it had been the subject of protracted discussion at CSD-5. He said backsliding was unacceptable and asked for the removal of the brackets. The EU expressed amazement at the attempt to reopen discussion. The G-77/CHINA recalled that a number of members of his group had voiced reservations on the paragraph at the closing plenary at CSD-5. They objected to the attempt to prescribe modalities for mobilizing domestic resources and wished to add a preliminary reference to international resources to the paragraph. The US insisted that there could be no re-negotiation of the paragraph. CANADA and the EU conceded that the first sentence might be amended to take international resource mobilization into account. CHINA expressed dismay at the US comments. No agreement was reached and the paragraph remains in brackets.

In paragraph 75, on research to phasing out subsidies that have market distorting, and socially and environmentally damaging impacts, the G-77/CHINA agreed to the deletion of a reference to the "principle of common but differentiated responsibilities" and its replacement with language noting that subsidy reductions should take full account of different levels of development, specifically those of developing countries.

In paragraph 76, on reducing the barriers to the expanded use of economic instruments, the US refused to negotiate bracketed text on seeking to avoid any adverse effects "on the terms of and the trade competitiveness of developing countries." The G-77/CHINA sought to remove brackets from the reference and add "particularly". The US said he was not prepared to discuss trade in this forum. He offered a replacement text referring to a related WTO provision, but this was rejected by the G-77/CHINA. The G-77/CHINA said it would examine an EU proposal to remove brackets from a reference to avoiding any adverse effects "particularly on developing countries." Chair John Ashe (Antigua and Barbuda) invited interested delegations to reformulate a Norwegian proposal, currently in brackets, on the use of economic instruments to shift consumer and producer behavior to more sustainable directions.

Transfer of environmentally sound technologies (ESTs). On paragraph 78 delegations debated two sets of bracketed references to [commitments] and [objectives] on ESTs -- one in relation to Chapter 34 of Agenda 21, and a second in relation to Agenda 21 as a whole. The G-77/CHINA agreed to consider the deletion of references to "commitments" or "objectives" in relation to Chapter 34, and replace the text with language from the Agenda for Development, calling for fulfillment of all the UNCED commitments concerning concrete measures for the transfer of ESTs to developing countries. He also agreed have his group consider the replacement of the references to Agenda 21 "commitments" or "objectives" with a call for a regular review of provisions in Chapter 34 of Agenda 21 in the CSD multi-year work programme.

The G-77/CHINA said he would also consider language from paragraph 147 of the Agenda for Development on technology transfer to replace bracketed text in paragraph 79 on the respective roles of government and market forces in promoting transfers.

International legal instruments and the Rio Declaration on Environment and Development. No agreement was reached on paragraph 98 on access to information, public participation and the right of complaint in the context of environmental democracy. The paragraph remains in brackets. The G-77/CHINA challenged its relevance to Agenda 21 and proposed a replacement text from the UNCED document. The US agreed to reformulate the bracketed paragraph, deleting a reference to redress from decisions and actions that are "socially" harmful.

Sectoral Issues

At the conclusion of discussions on sectoral issues many of the key issues have now been resolved with the exception of those requiring political input, including forests, an aviation fuel tax, atmosphere and climate change, and a financial mechanism for the CCD. The Chair of the informal group on sectoral issues, Derek Osborn (UK), noted:

• a. A call for an international initiative on fresh water resources is likely to be followed up in discussions at UNGASS. A reference to customary use of water in this section has proved controversial and is likely to be the subject of further consultations, involving Ethiopia and others.
• b. The section on Energy was agreed ad referendum during the informal consultations;
• c. Text on radioactive waste is not fully agreed and delegations will take up discussion on a compromise text formulated by the Chair during UNGASS;
• d. On land and agriculture a small amendment will require further consideration;
• e. The section title, "Human Made Disasters," in the draft text has been agreed ad referendum.

After Friday evening's consultations on paragraphs 49, 50 and 51 on radioactive waste Osborn drafted a compromise text and removed the remaining brackets. RUSSIA reserved its position on the entire section. UKRAINE reserved its position on paragraph 50. Paragraph 49 asserts that it is essential that radioactive wastes be managed in a safe and responsible way. The storage, transportation, transboundary movement and disposal of radioactive wastes should be guided by all the principles of the Rio Declaration, with particular attention to principle 2, and Agenda 21. It continues: "States which generate radioactive wastes have a responsibility to ensure their safe storage and disposal. In general, it is best for radioactive wastes to be disposed of in the territory of the State in which they are generated as far as is compatible with the safety of the management of such material. Each country has a responsibility to ensure that radioactive wastes which fall within its jurisdiction are managed properly in accordance with internationally accepted principles and taking fully into account any transboundary effects. 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. The management of radioactive wastes should be undertaken in a manner consistent with international law, including the provisions of relevant international and regional conventions and with internationally accepted standards. It is important to intensify safety measures with regard to nuclear wastes. States, in cooperation with relevant international organizations, where appropriate, should not promote or allow the storage or disposal of high level, intermediate level and low level radioactive wastes near the marine environment unless they determine that scientific evidence, consistent with the applicable internationally agreed principles and guidelines, shows that such storage or disposal pose no unacceptable risk to people and the marine environment or does not interfere with other legitimate uses of the sea."

Paragraph 50 notes the near completion of the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management currently being negotiated under the auspices of the IAEA and calls on governments to finalize, ratify and implement it as soon as possible. Paragraph 51, on increased global and regional cooperation to improve the management of radioactive wastes, calls for technical assistance to be provided to developing countries, and recognizes the special needs of small island developing States.

Closing Plenary

After a final round of soundings on the draft political statement on Saturday afternoon, CSD-5 Chair, Mostafa Tolba, convened the final plenary session of the informal consultations to sum up progress and announce details about Monday's schedule, which includes the first meeting of the Committee of the Whole. Tolba said he would report to the General Assembly on the "Programme for Further Implementation of Agenda 21" and make a brief statement on the negotiation process, including a summary of the outstanding issues and bracketed texts:

• Means of implementation: trade, mobilization of domestic resources, the role of ODA, and a financial mechanism for the Convention to Combat Desertification.
• Reference to the Conference of the Parties to the FCCC in Kyoto, Japan, in December.
• Follow-up to the CSD Intergovernmental Panel on Forests, including the question of a Forests Convention.
• A proposal to introduce an international tax on aviation fuel to fund sustainable development.

Tolba indicated that a number of the more important outstanding issues will require the participation of high-level political negotiators to provide a "strong political impetus". To facilitate resolution he will also conduct a number of informal meetings with government ministers and high-level contact groups are likely to be established. At the first meeting of the Ad Hoc Committee of the Whole on Monday afternoon, Tolba will outline the programme of work and invite those who have chaired the various working groups and contact groups to report on their progress. The Committee will then proceed to hear statements from about 25 UN agencies, regional commissions and other organizations who were unable to get onto the schedule of speakers to address the General Assembly. This will continue until Tuesday morning. A drafting group will meet in parallel Monday afternoon to begin work on cross-sectoral issues. Negotiations on the draft political outcome and draft political statement will continue until Thursday when the "Report on Further Implementation of Agenda 21" is expected to be adopted at a plenary session.

Things to Look for on Sunday and Monday

The NGO Steering Committee's "Global Gathering - Expo '97," to mark Earth Summit II, will begin on Sunday, from 4:00-8:00 pm. Exhibitions and performances from the regions of the world will continue each afternoon during the Summit.

Two informal documents will be available from the CSD secretariat, DC 2, 22nd Floor, at 12 noon. These will contain the results of the informal consultations on the draft political outcome of UNGASS and the draft political statement, noting the agreed, bracketed, and agreed ad referendum contents.

US Vice-President, Al Gore, and Brazilian President Fernando Henrique Cardoso will co-host an informal ceremony to precede the opening of UNGASS, at 9.40 am. Monday.

The President of the General Assembly and the Secretary-General will greet Heads of Delegations at the North Delegates Lounge from 9.00-10.00 am. on Monday.

The Opening of UNGASS and statements by the President of the Assembly and the UN Secretary-General, and 13 Heads of State and Government will take place from 10.00 am -1.00 pm. on Monday. There are 22 speakers scheduled for the afternoon session, from 3:00 - 6:00 pm. The speaker's list is posted here.

The first meeting of the Ad Hoc Committee of the Whole will meet in Conference Room 3 from 3.00-6.00 pm. on Monday.