Daily report for 24 March 1994

WORKING GROUP I

ARTICLES 22 AND 23 -- FINANCIAL RESOURCES AND MECHANISMS:Rather than discussing these two heavily bracketed articlesparagraph-by-paragraph, the Chair noted that INCD Chair Bo Kjell‚nwill propose a new procedure to be used for these articles.Algeria, on behalf of the G-77 and China, said that the Conventionand the regional annexes will be pointless without a furthermobilization of new and additional resources and without theestablishment of a financial mechanism that is independent,identifiable and capable of mobilizing such resources in the effortto combat desertification and mitigate the effects of drought. Hereminded delegates that commitments were made in UN Resolution44/228 (establishment of UNCED) and Chapters 12 and 33 of Agenda21. He stressed the need to establish a special fund to financeaction programmes at the national, sub-regional and regionallevels. He noted, however, that the G-77 and China were prepared todiscuss other options.

Greece, on behalf of the EU, Switzerland, the US and Japan saidthat their positions are well known and that they are willing towork with other delegations to achieve compromise. TheEnvironmental Liaison Centre International, on behalf of NGOs,proposed the establishment of National Desertification Trust Fundsin affected countries needing assistance.

PREAMBLE: The Group then began a second reading of theremaining bracketed paragraphs in the Preamble. Brackets wereremoved from paragraph 7, which now incorporates the UK'srequest to neutralize the reference to trade. It reads:"Considering the impact of trade and relevant aspects ofinternational economic relations on the ability of affectedcountries to combat desertification adequately." Although delegatesagreed to delete the second option for paragraph 9 on therelationship between desertification and social problems, the USobjected to including a list of such problems. Brackets remainaround: "such as poverty, poor health and nutrition, lack of foodsecurity, migration, displaced persons and demographic dynamics."

Brackets were removed from paragraph 14 on the sovereignright of States to exploit their own resources. The Chair proposeda simplified version of paragraph 20, which was amended bythe US and the UK. The G-77 asked for more time to study thelanguage on the relationship between desertification and otherenvironmental problems of global significance. Paragraphs 17(0.7% of GNP for ODA) and 21 (relationship with otherConventions) still contain brackets. Paragraph 22 wasaccepted after Chile withdrew its proposal for language consistentwith the precautionary principle. Malaysia pointed out that thereis little scientific uncertainty with regard to desertification.

Paragraph 23, on donor coordination and efficiency,was accepted in the morning but reopened in the afternoon whenMalaysia proposed alternative language. The US preferred theoriginal text, so both proposals were bracketed.

ARTICLE 1 BIS -- SCOPE OF CONVENTION: The Secretariat notedthe difficulty of using language from other Conventions (as in thisarticle). According to this article, actions to combatdesertification will only take place in affected areas. This, ineffect, precludes national action, such as economic incentives. TheChair, the EU, Norway, Canada and the US suggested deleting thisarticle. Cameroon argued that this Convention needs an article thatdefines the scope vis-…-vis national sovereignty over land area onthe planet. The G-77 and China requested time for their experts tostudy the text.

ARTICLE 2 -- OBJECTIVE: The EU agreed to remove theremaining brackets. Australia pointed out that some delegates werestill concerned with the definition of drought and requested thatthis article remain pending until the definitions are resolved.Nevertheless, the article is bracket-free.

ARTICLE 3 -- PRINCIPLES: Even though the existence of thisarticle is still in question, the Chair had hoped to remove all thebrackets. This was not to be. Paragraphs (a) and (a) bison national sovereignty generated lengthy discussion. Somedelegates wanted to retain both paragraphs, while others wanted oneor the other. Australia pointed out that (a) bis is the sametext as contained in paragraph 14 of the Preamble. Gambia proposednew text in an attempt to merge the two. Sweden pointed out,however, that (a) bis is one of the principles of the RioDeclaration, and thus, should not be merged with other text. Allthree proposals were placed in brackets.

Paragraph (b): Although this paragraph was not bracketed inthe revised version, Bolivia and Cameroon still had concerns withregard to language on taking decisions on the design andimplementation of programmes "at the lowest possible level inadministrative structures, down to the local community level."Cameroon proposed new text that emphasized taking decisions "withthe participation of local communities and populations." Brazilobjected to this proposal, arguing that large countries cannotensure the participation of local communities in decision-making.Both options were placed in brackets.

ARTICLE 5 -- OBLIGATIONS OF AFFECTED COUNTRY PARTIES: TheG-77 and China were still considering the EU's proposal forparagraph 2. Discussion was postponed.

ARTICLE 6 -- OBLIGATIONS OF DEVELOPED COUNTRY PARTIES [AND OTHERSIN A POSITION TO PROVIDE ASSISTANCE]: On behalf of the G-77 andChina, Algeria opposed the inclusion of the bracketed text in thetitle as it lacks precedence in other international instruments.The Convention also has to be considered in the Spirit of Rio wherethere are two categories of countries -- developed and developing-- each with their own responsibilities. The G-77 and China areworking on new language. Russia stressed the need to addresscountries in transition, as stipulated in the preamble of Agenda21. The Republic of Korea said the language should be deleted,while Austria suggested that the article be considered in the lightof paragraph (c) and Article 22 (financial resources).

WORKING GROUP II

"Yesterday the sun was shining, but there were a few drops of raintoday," was the description Cameroon, Chair of the Sub-WorkingGroup negotiating Articles 18, 19 and 20, gave of the Group'sprogress. Two sets of brackets in Article 18 still need to beremoved in order to proceed to Articles 19 and 20. The Sub-WorkingGroup on Articles 26 and 27, on subsidiary bodies, reported thatthe Group reached a consensus on a new Article 26, Advisory Panelon Research and Development, and would embark on the articles onthe network and institutions. Revised text for Article 26 wascirculated. Working Group II then completed consideration of PartV (Procedures) and Article 17 (Regional Implementation Annexes),and then reviewed the Regional Annex for Africa (A/AC.241/19).

ARTICLE 28 -- COMMUNICATION AND INFORMATION: All thebrackets were retained, as well as new brackets around theadditional text proposed by the EU. The problem areas are linked toArticle 9 (Basic Approach) and the categorization of countries inArticle 1. The newly bracketed texts are in paragraph 3,"Affected [developing] country Parties..." and paragraph5, "countries in a position to provide assistance...,"as well as "...including information on the financial resourcesthey have provided." The Chair suggested that interesteddelegations, including Benin (on behalf of Africa), Brazil andGreece (on behalf of the EU) should hold informal consultations toresolve these problems by next week. She also proposed that Prof.al-Kassas chair an informal group to deal with the categorizationof countries.

ARTICLE 29 -- MEASURES TO RESOLVE THE QUESTIONS ON[COMPLIANCE][IMPLEMENTATION]: No consensus was reached on thetwo bracketed words in both the title and the text.

ARTICLE 30 -- SETTLEMENT OF DISPUTES: Consensus was reachedon paragraph 4 to retain the phrase, "it expires..." Inaddition, it was agreed that a contact group should deal with thearbitration procedures stipulated in sub-paragraph 2(a),particularly since the Committee is unlikely to negotiate anarbitration annex by June. Two alternatives were proposed: (1) togive the COP the mandate to negotiate the arbitration annex, and tomake a provision for this in this Convention or (2) to utilize thePermanent Court of Arbitration. For consistency with paragraph 2(a)and (b), line 3 of paragraph 5 now reads: "...an arbitraltribunal or the International Court of Justice..."

ARTICLE 31 -- STATUS OF ANNEXES: The last line was amendedto read: "...a reference to this Convention constitutes alsoa reference to its Annexes."

Articles 32 (Amendments to the Convention), 34 (Right to vote), 35(Depositary), 38 (Interim arrangements) and 42 (Authentic texts)were adopted without any amendments.

ARTICLE 33 -- ADOPTION AND AMENDMENT OF ANNEXES: The Chairproposed that discussion on this article be postponed until theregional annexes are discussed. The US introduced new text, asparagraph 3, which was also bracketed.

ARTICLE 36 -- SIGNATURE: This article will be reworded bythe Secretariat.

ARTICLE 37 -- RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION:This article was adopted with a minor stylistic amendment fromthe EU.

ARTICLE 39 -- ENTRY INTO FORCE: No agreement was reached.

ARTICLE 40 -- RESERVATIONS [OR EXCEPTION]: No agreement wasreached on the brackets around "or exception."

ARTICLE 41 -- WITHDRAWAL: The brackets around "two" and"three" were retained in paragraphs 1 and 3, whichdeal with the obligations of a withdrawing party.

ARTICLE 17 -- REGIONAL IMPLEMENTATION ANNEXES: This articlewas left in brackets pending discussion on the annexes.

REGIONAL IMPLEMENTATION ANNEX FOR AFRICA

Delegates provided general comments and then proceeded to inundatethe Chair of Working Group II with specific proposals andamendments. Some delegates expressed frustration with the method ofwork, noting the difficulties in following the enormous number ofamendments that were being tabled. The Chair responded that theSecretariat would consolidate all written proposals into a newdraft to serve as the basis for discussion.

ZERO, on behalf of NGOs, proposed the following re- organization ofthe text: purpose, special situation of Africa, timetable forprogress, content of a regional programme, organization andframework of the regional programme, financial and technicalcooperation, and coordination and partnership agreements.

ARTICLE 2 -- PARTICULAR CONDITIONS OF THE AFRICAN REGION:The US wanted to: delete the reference to "increasingly" insub-paragraph (b), which refers to the frequentrecurrence of severe drought; delete "deteriorating" in thereference to terms of trade in sub-paragraph (e); and mergesub-paragraphs (d) and (h), which deal withwidespread poverty and the need for concessional assistance,respectively. Benin proposed that sub-paragraph (h) read:"The need of affected countries for significant amounts ofconcessional external assistance in the forms of grants, subsidiesand favorable loans to allow them to pursue development objectives.

ARTICLE 3 -- TIMETABLE FOR PREPARATION: The EU requesteddeletion of this article. The UK objected to the wording suggestedby the US specifying the timetable for the preparation of actionprogrammes, and pointed out that any reference to a specifictimetable must be flexibly worded.

ARTICLE 4 -- STRATEGIC PLANNING FRAMEWORK FOR SUSTAINABLEDEVELOPMENT: The US suggested the addition of a secondparagraph: "A consultative and participatory process involving alllevels of government, bilateral and multilateral assistanceagencies, NGOs and local communities will be undertaken to provideguidance regarding strategy."

ARTICLE 5 -- PREPARATION AND FORMAT OF NATIONAL ACTIONPROGRAMMES: The EU suggested the deletion of sub-paragraphs(a) (the designation of a national entity) and (h)(partnership agreements), since both reflected a top-downapproach.

ARTICLE 6 -- CONTENT OF NATIONAL ACTION PROGRAMMES: Beninproposed the reversal of paragraphs 2 and 4. SaudiArabia reiterated its opposition to sub-paragraph 4(e),which refers to alternative energy sources.

REGIONAL IMPLEMENTATION ANNEX FOR AFRICA

Delegates provided general comments and then proceeded to inundatethe Chair of Working Group II with specific proposals andamendments. Some delegates expressed frustration with the method ofwork, noting the difficulties in following the enormous number ofamendments that were being tabled. The Chair responded that theSecretariat would consolidate all written proposals into a newdraft to serve as the basis for discussion.

ZERO, on behalf of NGOs, proposed the following re- organization ofthe text: purpose, special situation of Africa, timetable forprogress, content of a regional programme, organization andframework of the regional programme, financial and technicalcooperation, and coordination and partnership agreements.

ARTICLE 2 -- PARTICULAR CONDITIONS OF THE AFRICAN REGION:The US wanted to: delete the reference to "increasingly" insub-paragraph (b), which refers to the frequentrecurrence of severe drought; delete "deteriorating" in thereference to terms of trade in sub-paragraph (e); and mergesub-paragraphs (d) and (h), which deal withwidespread poverty and the need for concessional assistance,respectively. Benin proposed that sub-paragraph (h) read:"The need of affected countries for significant amounts ofconcessional external assistance in the forms of grants, subsidiesand favorable loans to allow them to pursue development objectives.

ARTICLE 3 -- TIMETABLE FOR PREPARATION: The EU requesteddeletion of this article. The UK objected to the wording suggestedby the US specifying the timetable for the preparation of actionprogrammes, and pointed out that any reference to a specifictimetable must be flexibly worded.

ARTICLE 4 -- STRATEGIC PLANNING FRAMEWORK FOR SUSTAINABLEDEVELOPMENT: The US suggested the addition of a secondparagraph: "A consultative and participatory process involving alllevels of government, bilateral and multilateral assistanceagencies, NGOs and local communities will be undertaken to provideguidance regarding strategy."

ARTICLE 5 -- PREPARATION AND FORMAT OF NATIONAL ACTIONPROGRAMMES: The EU suggested the deletion of sub-paragraphs(a) (the designation of a national entity) and (h)(partnership agreements), since both reflected a top-downapproach.

ARTICLE 6 -- CONTENT OF NATIONAL ACTION PROGRAMMES: Beninproposed the reversal of paragraphs 2 and 4. SaudiArabia reiterated its opposition to sub-paragraph 4(e),which refers to alternative energy sources.

THINGS TO LOOK FOR TODAY

WORKING GROUP I: The Working Group will continue its secondreading of the Convention, beginning with Article 7, Priority toAfrica. At the end of the day on Thursday, the Chair commented thatalthough the Working Group is ahead of schedule, there are still 86brackets in the text under the Working Group's mandate, notincluding Articles 22 and 23. The Chair noted that the type ofstatements made on Thursday will not help the Group complete itswork and, as a result, he will not hesitate to interrupt delegates,if necessary.

WORKING GROUP II: The Group will continue discussion on theImplementation Annex for Africa, as contained in documentA/AC.241/19. An evening session will be held to discuss theregional annexes for Asia, Latin America and, possibly, theNorthern Mediterranean region. Look for copies of the draft annexesfor these three regions to be circulated today.

IN THE CORRIDORS: INCD Chair Bo Kjell‚n convened a meetingThursday night of the Bureau and the Chairs of the regional groups.They were expected to consider: the interim arrangements for earlyimplementation of the regional instrument for Africa; preparationsfor the June session and INCD-6; and how to address the contentiousissues, such as financial resources and mechanisms andinstitutions. Look for further informal consultations on thesematters.