Summary report, 3–14 June 1992

On 14 June the United Nations Conference on Environment and Development concluded the work mandated to it by the United NationsGeneral Assembly more than two and a half years earlier inResolution 44/228. When President Collor of Brazil officiallyconcluded UNCED, the hundreds of diplomats, NGOs, support staff andSecretariat members who had worked together from Nairobi, throughGeneva and New York, to Rio de Janeiro had not only contributed toone of the most significant international negotiation processes,but had individually participated in the creation of a elaborateprogramming tool that could set the planet on a new course towardsglobal sustainable development.

Although the road to Rio began with UN Resolution 44/228 inDecember 1989, the first meeting of the Preparatory Committee tookplace in August 1990. PrepCom I, which was held in Nairobi, set theterms of reference of the UNCED. At PrepCom II, held in Geneva inMarch 1991, the voluminous documentation provided by theSecretariat assisted states to address key issues and to prioritizethese areas where action was needed. The first signs of the actualform of UNCED's products first revealed themselves here. At PrepComIII, which took place in Geneva in August 1991, governments debatedthe best ways to approach the problems and commenced negotiations,for the first time, on Agenda 21. Finally, at the fourth PrepCom inNew York, delegates met to negotiate and finalize the technicalportions of Agenda 21 and the other political instruments that wereexpected to be signed in Rio de Janeiro.

By the end of PrepCom IV, 85% of Agenda 21 had been successfullynegotiated and free of brackets. Major outstanding issues includedfinance, including all of the "Means of implementation" paragraphsin each chapter of Agenda 21; technology transfer, atmosphere andforests among others.

Against all odds, progress was achieved in New York. However, muchwork remained to be done. Thus, government officials and ministersin Rio had to conclude in two weeks, what hundreds of diplomatscould not resolve over the past two years. What was expected to bea two-week gold-pen cum massive photo opportunity quickly evolvedinto the most critical negotiation session.

In Rio, the Conference itself was divided into two main bodies: thePlenary and its subsidiary body, the Main Committee. The Plenarywas the forum for the "General Debate", which consisted of countrystatements delivered at the Ministerial level. By contrast, theMain Committee was site of the actual political negotiations, inessence, a "PrepCom V." The mandate of the Main Committee was tofinalize the products of UNCED: Agenda 21, the Statement on ForestPrinciples and the Rio Declaration on Environment and Development.Those areas in need of substantive negotiations to remove theremaining bracketed text were forwarded to contact groupsestablished by Main Committee Chair Tommy Koh, of Singapore and hisBureau. The eight contact groups were: Atmosphere,Biodiversity/Biotechnology, Institutions, Legal Instruments,Finance, Technology Transfer, Freshwater Resources and Forests(including both the Statement on Forest Principles and the Agenda21 chapter on forests). During the seven days of intensenegotiations, the mood oscillated dramatically from issue to issueand day to day. The entrance of ministers and other high rankingpoliticians into the negotiations alternatively improved the pace,as they were able to make the necessary decisions, and impaired theprocess as they were often unaware of the history of the issuewithin the UNCED context. When the Main Committee ran out of itsallotted time at 6:00 am on Thursday, 11 June, three issues stillhad not been resolved: forests, finance and atmosphere. Theseissues were forwarded for further negotiations at the ministeriallevel where, at the eleventh hour, agreement was finally reached.

The following report is an issue-by-issue summary of the UnitedNations Conference on Environment and Development as reported inthe Earth Summit Bulletin. To facilitate understanding ofthis complex set of negotiations, the topics are arranged in theorder that their chapters appear in Agenda 21, the Statement ofForest Principles and the Rio Declaration on Environment andDeclaration.

PART I: AGENDA 21

The Preamble to Agenda 21 began in Rio as a five-paragraphintroduction to Agenda 21 with two sets of brackets. The first setwas in paragraph 1.3 around the words "political commitment at thehighest level." The US, which had originally disputed this phrase,easily relinquished the brackets. Paragraph 1.4 addresses the needfor new and additional financial resources to assist developingcountries. This paragraph had been bracketed because the issue offinance had not yet been decided at the end of PrepCom IV. As theresult of a compromise between the G-77 and the countriesundergoing transition to a market economy, a new paragraph wasinserted after paragraph 1.4 that stated that special attention begiven to the "particular circumstances facing the economies intransition." This compromise also resulted in the deletion of allreferences to "economies in transition" in the text of Agenda 21.

Paragraph 1.5 was also amended as part of a compromise between thePalestinians and the US (and other countries that opposed referenceto "people under occupation" within the text of Agenda 21). Aftera series of informal consultations, Tommy Koh was able to broker acompromise whereby the mention of "people under occupation" wouldremain in the Rio Declaration with a sentence to be added toparagraph 1.5 stating that Agenda 21 would be carried out in fullrespect of all the principles contained in the Rio Declaration; andall mentions of "people under occupation" and "various bodies andorganizations under occupation" would be removed from the text ofAgenda 21. A final paragraph was added to the Preamble in thewaning hours of the Conference. This paragraph was part of acompromise on the issue of "safe and" sound energy systems andtechnologies (see Chapter 9).

CHAPTER 1: PREAMBLE

The Preamble to Agenda 21 began in Rio as a five-paragraphintroduction to Agenda 21 with two sets of brackets. The first setwas in paragraph 1.3 around the words "political commitment at thehighest level." The US, which had originally disputed this phrase,easily relinquished the brackets. Paragraph 1.4 addresses the needfor new and additional financial resources to assist developingcountries. This paragraph had been bracketed because the issue offinance had not yet been decided at the end of PrepCom IV. As theresult of a compromise between the G-77 and the countriesundergoing transition to a market economy, a new paragraph wasinserted after paragraph 1.4 that stated that special attention begiven to the "particular circumstances facing the economies intransition." This compromise also resulted in the deletion of allreferences to "economies in transition" in the text of Agenda 21.

Paragraph 1.5 was also amended as part of a compromise between thePalestinians and the US (and other countries that opposed referenceto "people under occupation" within the text of Agenda 21). Aftera series of informal consultations, Tommy Koh was able to broker acompromise whereby the mention of "people under occupation" wouldremain in the Rio Declaration with a sentence to be added toparagraph 1.5 stating that Agenda 21 would be carried out in fullrespect of all the principles contained in the Rio Declaration; andall mentions of "people under occupation" and "various bodies andorganizations under occupation" would be removed from the text ofAgenda 21. A final paragraph was added to the Preamble in thewaning hours of the Conference. This paragraph was part of acompromise on the issue of "safe and" sound energy systems andtechnologies (see Chapter 9).

SECTION I: SOCIAL AND ECONOMIC DIMENSIONS

This chapter of Agenda 21 addresses the relationship betweeninternational economic relations, the economic policies ofindividual countries and sustainable development. Althoughdiscussions of this chapter were not as contentious as they were atPrepCom IV, the remaining bracketed paragraphs, as well as someunbracketed ones, led to much discussion. The US requested toreopen paragraph 2.2 for discussion. The text stated that thedevelopment process "will not gather momentum" if the externaleconomic environment is not conducive to domestic economic growth.The US proposal, in effect, attempted to shift the responsibilityfrom the global economic environment to domestic economic policiesof developing countries. The proposal was not well received. It wasultimately decided to retain the paragraph as is, since it wasunbracketed text and the US had no ground to reopen it. The USattempted to reopen a number of paragraphs in this chapterexpressing concern about the current use of existing financialresources. Paragraph 2.24, one of these paragraphs, was amended toinclude "and the efficient utilization of such resources areessential."

The final text has four programme areas: Promoting sustainabledevelopment through trade liberalization; Making trade andenvironment mutually supportive; Providing adequate financialresources to developing countries and dealing with internationaldebt; and Encouraging macroeconomic policies conducive toenvironment and development.

CHAPTER 2: INTERNATIONAL COOPERATION TO ACCELERATE SUSTAINABLE DEVELOPMENT IN DEVELOPING COUNTRIES AND RELATED DOMESTIC POLICIES

This chapter of Agenda 21 addresses the relationship betweeninternational economic relations, the economic policies ofindividual countries and sustainable development. Althoughdiscussions of this chapter were not as contentious as they were atPrepCom IV, the remaining bracketed paragraphs, as well as someunbracketed ones, led to much discussion. The US requested toreopen paragraph 2.2 for discussion. The text stated that thedevelopment process "will not gather momentum" if the externaleconomic environment is not conducive to domestic economic growth.The US proposal, in effect, attempted to shift the responsibilityfrom the global economic environment to domestic economic policiesof developing countries. The proposal was not well received. It wasultimately decided to retain the paragraph as is, since it wasunbracketed text and the US had no ground to reopen it. The USattempted to reopen a number of paragraphs in this chapterexpressing concern about the current use of existing financialresources. Paragraph 2.24, one of these paragraphs, was amended toinclude "and the efficient utilization of such resources areessential."

The final text has four programme areas: Promoting sustainabledevelopment through trade liberalization; Making trade andenvironment mutually supportive; Providing adequate financialresources to developing countries and dealing with internationaldebt; and Encouraging macroeconomic policies conducive toenvironment and development.

CHAPTER 3: COMBATTING POVERTY

This chapter of Agenda 21 addresses the need to eradicate povertyand hunger. It stresses the need to manage natural resourcessustainably by designing environmental policies that take intoaccount those who depend on the resources for their livelihoods.As of the beginning of the Conference, the only three bracketedparagraphs in this text had dealt with finance. It first appearedthat this chapter would be easily dispensed with, however, the USobjected to unbracketed paragraph 3.5, which included the phrase"people under occupation." Koh postponed discussion on this topicuntil he was able to hold consultations that resulted in thecompromise discussed above (Chapter 1:Preamble). The singleprogramme area in this chapter is entitled, "Enabling the poor toachieve sustainable livelihoods."

CHAPTER 4: CHANGING CONSUMPTION PATTERNS

This chapter addresses the need to change unsustainable patterns ofproduction and consumption that lead to environmental degradation,aggravation of poverty and imbalances in the development ofcountries. Two paragraphs in this chapter were bracketed upon therequest of the US, which tried to open additional paragraphs fordiscussion during the Main Committee's debate on the chapter. Along and often heated debate took place on paragraphs 4.3 and 4.5that deal with the links between poverty, environmental stress andthe need to change consumption patterns. After a series ofconsultations led by Australia, the US agreed to withdraw itsobjections to additional paragraphs in the chapter and remove thebrackets on paragraphs 4.3 and 4.5, once the text was slightlyamended. The chapter now, albeit indirectly, addressesunsustainable lifestyles in developed countries, as well as insegments of developing countries. The two programme areas in thischapter are: Focusing on unsustainable patterns of production andconsumption; and Developing national policies and strategies toencourage changes in unsustainable consumption patterns.

CHAPTER 5: DEMOGRAPHIC DYNAMICS AND SUSTAINABILITY

This chapter addresses the relationship between population andsustainable development. As this chapter arrived from New Yorkbracket-free (with the exception of the finance paragraphs), nodiscussion was necessary in Rio. The three programme areas are:Developing and disseminating knowledge concerning the links betweendemographic trends and factors and sustainable development;Formulating integrated national policies for environment anddevelopment, taking into account demographic trends and factors;and Implementing integrated environment and development programmesat the local level, taking into account demographic trends andfactors.

CHAPTER 6: PROTECTING AND PROMOTING HUMAN HEALTH

This chapter addresses the need for intersectoral efforts to linkhealth to environmental and socio-economic improvements. The onlybracketed paragraphs in this chapter addressed "people underoccupation" and finance, which were resolved generically afterextensive consultations (see Chapter 1: Preamble and Chapter 33:Finance. Little discussion was necessary in the Main Committee. TheHealth chapter contains five programme areas: Meeting basic healthneeds; Control of communicable diseases; Protecting vulnerablegroups; Meeting the urban and rural health challenge; and Reducinghealth risks from environmental pollution and hazards.

CHAPTER 7: PROMOTING SUSTAINABLE HUMAN SETTLEMENT DEVELOPMENT

This chapter addresses the need to promote sustainable developmentin the cities of industrialized countries, which are severelystressing the global ecosystem, and settlements in developingcountries that need more raw material, energy and economicdevelopment to overcome basic economic and social problems. As thischapter arrived in Rio as a clean text, with the exception of theparagraphs relating to finance, no further discussion was held inRio and the text was easily adopted. Programme areas in thischapter of Agenda 21 include: Creating national strategies forproviding shelter; Forming an international network of trainedurban managers equipped to plan for human environmental andinfrastructural demands; Easing migration pressures on cities bycreating employment opportunities in rural areas; Focussing onenergy use and mass transportation; and Reducing the impact ofnatural disasters.

CHAPTER 8: INTEGRATING ENVIRONMENT AND DEVELOPMENT IN DECISION-MAKING

This chapter addresses the importance of integrating environmentalfactors into policy-making, law, economic instruments and nationalaccounting. Chapter 8 was completed in New York at PrepCom IV and,thus, no discussion was necessary in Rio. This chapter has fourprogramme areas: Integrating environment and development at thepolicy, planning and management levels; Providing an effectivelegal and regulatory framework; Making effective use of economicinstruments and market and other incentives; and Establishingsystems for environmental accounting.

SECTION II: CONSERVATION AND MANAGEMENT OF RESOURCES FOR DEVELOPMENT

This chapter has, as its aim, the development of policies andprogrammes to promote increased understanding and effective actionto combat climate change, stratospheric ozone depletion andtransboundary atmospheric pollution. Next to discussions onfinance, the atmosphere negotiations proved to be the mostdifficult and protracted at UNCED. On the insistence of the ArabGroup, PrepCom IV was forced to transmit a completely bracketedchapter to UNCED. The Arab Group maintained that the chapter wasnot only duplicative of the work of the Climate Changenegotiations, but that it placed an over-emphasis on energyefficiency and conservation.

In contact group discussions (chaired by Swedish Amb. Bo Kjell‚n)many Northern countries fought hard for the retention of thereference to new and renewable energy sources throughout the text.They argued that repetition of concepts as supremely important asenvironmentally-sound sources of energy was perfectly valid andacceptable. In fact, as negotiations moved from the contact groupto the Main Committee, several developing countries openly calledinto question Saudi Arabia's true motives for calling for thedeletion of these references.

Another contentious matter pertained to the phrase [safe and] inthe context of energy sources. Most countries had requested thedeletion of that phrase on the basis that it connoted ananti-nuclear bias. By contrast, Saudi Arabia insisted adamantlythat the phrase be retained, in light of its opposition to nuclearpower. Kjell‚n, with the assistance of the Brazilians, was able toresolve the matter with a generic solution, whereby a paragraphwould be included in the Preamble to Agenda 21 stating, "ThroughoutAgenda 21, the term 'environmentally sound' means 'environmentallysafe and sound' in particular when applied to the terms 'energysources', 'energy sources', 'energy supplies', 'energy systems' or'technology/technologies'. The result of this formulation was thatall the brackets around the phrase "safe and" would be deleted inthe body of the text. The repeated references to new and renewableenergy sources will remain in the chapter with a footnote at theend of the chapter that lists the nine new and renewable energysources (as referred to in the reports of the Committee on theDevelopment and Utilization of New and Renewable sources ofEnergy). At the final Plenary on 14 June, Saudi Arabia formallyplaced on record its reservations with the atmosphere chapter.Since Agenda 21 is not a legally-binding instrument, but rather, astatement of policy, the Saudis' formal reservations to the chapterhave no substantive implications.

CHAPTER 9: PROTECTION OF THE ATMOSPHERE

This chapter has, as its aim, the development of policies andprogrammes to promote increased understanding and effective actionto combat climate change, stratospheric ozone depletion andtransboundary atmospheric pollution. Next to discussions onfinance, the atmosphere negotiations proved to be the mostdifficult and protracted at UNCED. On the insistence of the ArabGroup, PrepCom IV was forced to transmit a completely bracketedchapter to UNCED. The Arab Group maintained that the chapter wasnot only duplicative of the work of the Climate Changenegotiations, but that it placed an over-emphasis on energyefficiency and conservation.

In contact group discussions (chaired by Swedish Amb. Bo Kjell‚n)many Northern countries fought hard for the retention of thereference to new and renewable energy sources throughout the text.They argued that repetition of concepts as supremely important asenvironmentally-sound sources of energy was perfectly valid andacceptable. In fact, as negotiations moved from the contact groupto the Main Committee, several developing countries openly calledinto question Saudi Arabia's true motives for calling for thedeletion of these references.

Another contentious matter pertained to the phrase [safe and] inthe context of energy sources. Most countries had requested thedeletion of that phrase on the basis that it connoted ananti-nuclear bias. By contrast, Saudi Arabia insisted adamantlythat the phrase be retained, in light of its opposition to nuclearpower. Kjell‚n, with the assistance of the Brazilians, was able toresolve the matter with a generic solution, whereby a paragraphwould be included in the Preamble to Agenda 21 stating, "ThroughoutAgenda 21, the term 'environmentally sound' means 'environmentallysafe and sound' in particular when applied to the terms 'energysources', 'energy sources', 'energy supplies', 'energy systems' or'technology/technologies'. The result of this formulation was thatall the brackets around the phrase "safe and" would be deleted inthe body of the text. The repeated references to new and renewableenergy sources will remain in the chapter with a footnote at theend of the chapter that lists the nine new and renewable energysources (as referred to in the reports of the Committee on theDevelopment and Utilization of New and Renewable sources ofEnergy). At the final Plenary on 14 June, Saudi Arabia formallyplaced on record its reservations with the atmosphere chapter.Since Agenda 21 is not a legally-binding instrument, but rather, astatement of policy, the Saudis' formal reservations to the chapterhave no substantive implications.

CHAPTER 10: INTEGRATED APPROACH TO THE PLANNING AND MANAGEMENT OF LAND RESOURCES

This chapter aims at facilitating allocation of land to the usesthat provide the greatest sustainable benefits and promoting thetransition to a sustainable and integrated management of landresources. This chapter was easily concluded since the onlybracketed text dealt with finance. The one programme area in thisdocument deals with the reorganization and, where necessary, thestrengthening of the decision-making structure to ensure anintegrated approach to land management.

CHAPTER 11: COMBATTING DEFORESTATION

This chapter arrived in Rio relatively free of brackets, especiallyin comparison to the Forest Principles document. The onlyoutstanding issue (aside from the financial resources paragraphs)was paragraph 11.14(e) that addresses the Forest Principlesdocument and the possibility of a future international agreementson forests. This paragraph was negotiated by Klaus T”pfer, GermanFederal Minister for the Environment, as part of his"eleventh-hour" discussions on the forest principles (see Part II).The paragraph was amended to read as follows: governments would"consider the need for and the feasibility of all kinds ofappropriate internationally agreed arrangements to promoteinternational cooperation on forest management, conservation andsustainable development of all types of forests includingafforestation, reforestation, and rehabilitation." Thiscompromise wording therefore addresses concerns on all sides.Malaysia and other G-77 members can report to their capitals thatthey had fully resisted the Northern countries and their demandsfor a commitment to negotiate a future legally-binding instrument.By contrast, the industrialized countries can report that they havetaken another step, albeit a small one, toward negotiation of aforests convention.

The programme areas in this chapter are: Sustaining the multipleroles and functions of all types of forests, forest land andwoodlands; Enhancing the protection, sustainable management andconservation of all forests, and the greening of degraded areas,through forest rehabilitation, afforestation, reforestation andother rehabilitative means; Promoting efficient utilization andassessment to recover the full valuation of the goods and servicesprovided by forests, forest lands and woodlands; Establishingand/or strengthening capacities for the planning, assessment andsystematic observations of forests and related programmes, projectsand activities, including commercial trade and processes.

CHAPTER 12: COMBATTING DESERTIFICATION AND DROUGHT

This chapter addresses the importance of combatting desertificationand drought by implementing preventative measures for lands thatare not yet degraded as well as by restoring already degraded ordrought-prone lands. Two non-finance paragraphs were bracketed andboth dealt with a future binding convention on desertification.When these paragraphs first came up for discussion by the MainCommittee, Tommy Koh announced that he would conduct consultationson this issue. Initially the US did not support the G-77's call fora global convention on desertification. However, midway throughKoh's consultations, the US changed its position and accepted theidea of an international desertification convention to be convenedby 1994, aimed at benefitting those countries facing seriousdrought and desertification.

When this "compromise" text was brought to the Main Committee,however, Portugal, on behalf of the EC, announced it could notaccept this text, arguing that desertification is a regionalproblem not necessarily warranting global action. This resulted ina flurry of statements from developed and developing countriesalike offering their support for Koh's compromise and pleading withthe EC to accept it. Much of the anger and surprise in the room wasdue to the fact that the EC had not opposed the idea of a globaldesertification convention during Koh's consultations. Koh thenadjourned the meeting for 45 minutes while numerous consultationswere held. Finally, Portugal announced it would accept the wordingproposed by the Chair and will support the request for adesertification convention.

The resulting chapter has six programme areas: Strengthening theknowledge base and developing information and monitoring systemsfor regions prone to desertification and drought; Combating landdegradation through, inter alia, soil conservation, afforestationand reforestation activities; Developing and strengtheningintegrated development programmes for the eradication of povertyand promotion of alternative livelihood systems in areas prone todesertification; Developing comprehensive anti-desertificationprogrammes and integrating them into national development andenvironment planning; Developing comprehensive drought preparednessand drought-relief schemes; and Encouraging and promoting popularparticipation and environmental education.

CHAPTER 13: SUSTAINABLE MOUNTAIN DEVELOPMENT

This chapter addresses the need for proper management of mountainresources and socio-economic development of mountain inhabitants.As this chapter arrived in Rio with no brackets (except finance),there was no further discussion necessary. This chapter containstwo programme areas: Generating and strengthening knowledge aboutmountain ecosystems; and Promoting integrated development ofmountain watersheds and alternative livelihood options.

CHAPTER 14: PROMOTING SUSTAINABLE AGRICULTURE AND RURAL DEVELOPMENT

The chapter on sustainable agriculture reflects growing concernregarding sustainable agriculture in light of the link betweenenvironmental degradation and the problems of hunger, oversupplyand trade and price supports. The chapter represents acomprehensive integration of criteria for environmentally soundmanagement practices in all aspects of food and fiber production.Most of the bracketed paragraphs addressed finance and fourparagraphs contained the phrase "people under occupation." Both ofthese issues were resolved in separate consultations (see Chapter1 and Chapter 33). The one remaining bracketed paragraph dealt withplant genetic resources. The US was not prepared to lift thebrackets in paragraph 14.57(d) that read: "To take appropriatemeasures for [the fair and equitable] sharing of benefits andresults of research and development in plant breeding betweensources and users of plant genetic resources." The US maintainedthat the language in brackets should read "mutually agreed". Kohreferred this paragraph to the contact group on Biodiversity andBiotechnology. The US finally agreed to lift the brackets and leavethe text as is.

The 12 programme areas in this chapter include: agricultural policyreview; ensuring people's participation; improving farm productionand farming systems; land-resource planning information andeducation; land conservation and rehabilitation; water forsustainable food production and rural development; conservation andsustainable utilization of plant genetic resources; conservationand sustainable utilization of animal genetic resources; integratedpest management; sustainable plant nutrition; rural energytransition; and evaluation of the effects of ozone depletion onplants and animals.

CHAPTER 15: CONSERVATION OF BIOLOGICAL DIVERSITY

The objectives of this chapter are intended to improve theconservation of biological diversity and the sustainable use ofbiological resources. Since the Biodiversity Conventionnegotiations had not been completed by the end of PrepCom IV,several contentious paragraphs were left bracketed so as not topreempt the work of the INC. It was assumed that once the INCnegotiations were completed in late May, UNCED would simplyincorporate the relevant language from the Convention right intothe Biodiversity chapter in Agenda 21. However, at the commencementof contact group negotiations (chaired by Amb. Vincente Sanchez ofChile) delegations attempted to re-open negotiations on thoseissues that had been completely resolved within the INC framework.Thus, discussions proceeded with difficulty on such outstandingissues as: the equitable sharing of benefits derived from thebenefits of research and development of biological and geneticresources; rights of countries of origin to benefit frombiotechnological development; national registration of biologicalresources; technology transfer. Agreement was finally reached oncompromise language that reflects language in the Biodiversityconvention.Thus the final text has one programme area,"Conservation of biological diversity".

CHAPTER 16: ENVIRONMENTALLY SOUND MANAGEMENT OF BIOTECHNOLOGY

This chapter has, as its aim, the fostering of internationallyagreed principles for the environmentally-sound management ofbiotechnology as well as the promotion of sustainable applicationsof biotechnology. Due to scheduling constraints at PrepCom IV, verylittle time was allotted to this chapter. The text was transmittedto UNCED with numerous brackets around such issues as:capacity-building; safety procedures; development of a legal codeof conduct; liability and compensation for damage resulting fromapplications of biotechnology; application of biotechnology toreproductive technologies. Capacity-building was resolved inaccordance with the compromise language agreed to in the technologytransfer negotiations. Agreement was reached on the need to developsafety procedures into a framework of internationally agreedprinciples as a basis for biotechnology safety guidelines. Languagewas also agreed that recognizes the traditional methods andknowledge of indigenous peoples and their communities and ensuringopportunities for their participation in the economic andcommercial benefits arising form biotechnology developments.

The final programme areas are: Increasing the availability of food,feed and renewable raw materials; Improving human health; Enhancingprotection of the environment; Enhancing safety and developinginternational mechanisms for cooperation; and Establishing enablingmechanisms for the development and the environmentally soundapplication of biotechnology.

CHAPTER 17: PROTECTION OF OCEANS, ALL KINDS OF SEAS INCLUDING ENCLOSED AND SEMI-ENCLOSED SEAS, COASTAL AREAS AND THE PROTECTION, RATIONAL USE AND DEVELOPMENT OF THEIR LIVING RESOURCES

The chapter on oceans is the longest and one of the most complexchapters of Agenda 21. After intense negotiations throughout bothPrepComs III and IV, all of the difficult issues were resolved withthe exception of the issue of straddling and migratory fish stocks.Rather than allowing lengthy and acrimonious discussions in theMain Committee, Koh requested that the US hold informalconsultations to achieve a compromise between Canada and the EC.Twenty-four hours later a compromise was in hand. The resultingtext was similar to text proposed at the end of PrepCom IV. The newtext for paragraph 17.52 reads: "States should convene anintergovernmental conference under UN auspices with a view topromoting effective implementation of the provisions of the Law ofthe Sea on straddling and highly migratory fish stocks". The EC wasable to accept this language once text was added to say that theconference would draw on scientific and technical studies by theFAO and be fully consistent with the provisions of the Law of theSea, in particular the rights and obligations of coastal states andstates fishing on the high seas.

Chapter 17 contains the following programme areas: Integratedcoastal zone management; Marine environmental protection (includingland- and sea-based sources of marine pollution); Sustainable useand conservation of high seas living resources; Sustainable use ofliving marine resources under national jurisdiction; Addressingcritical uncertainties for the management of marine environment andclimate change; Strengthening international, including regional,cooperation and coordination; and Sustainable development ofislands.

CHAPTER 18: PROTECTION OF THE QUALITY AND SUPPLY OF FRESHWATER RESOURCES

This chapter addresses the importance of effective integratedmanagement of water resources to all socio-economic sectors relyingon water. Freshwater was the topic of one of the contact groupsestablished by the Main Committee primarily because theintroduction to the chapter had not been negotiated at PrepCom IV.After two meetings of the contact group, delegates agreed on afive-paragraph introduction that had been drafted by thecoordinator, Bukar Shaib of Nigeria. Although most were satisfiedwith the draft, there was some concern about the mention of theInternational Conference on Water and the Environment that was heldin Dublin in January 1992. A number of delegations believed thatreference should not be made to the Dublin Conference because: (1)not all of the recommendations of the Dublin Conference had beenincorporated into Agenda 21; (2) Dublin had been a conference ofexperts, not governments; and (3) the recommendations were agreedto by vote and not consensus. Only a few delegates argued forretention of the paragraph referring to the Conference. When thistext was brought back to the Main Committee, France expressedreservations to the omission of this text and argued for itsreinstatement. After considerable debate and consultations duringthe final session of the Main Committee, France removed itsreservations and allowed the text to be adopted.

The other bracketed paragraphs dealt with targets and timetablesfor the implementation of various activities in the chapter.Members of the G-77 recognized the importance of setting suchtargets but wanted to ensure that there will be new and additionalresources available to help them meet these targets. These bracketswere removed after the chapter on financial resources wasfinalized.

The programme areas in this chapter are: Integrated water resourcesdevelopment and management; Water resources assessment; Protectionof water resources, water quality and aquatic ecosystems;Drinking-water supply and sanitation; Water and sustainable urbandevelopment; Water for sustainable food production and ruraldevelopment; and Impacts of climate change on water resources.

CHAPTER 19: ENVIRONMENTALLY SOUND MANAGEMENT OF TOXIC CHEMICALS, INCLUDING PREVENTION OF ILLEGAL INTERNATIONAL TRAFFIC IN TOXIC AND DANGEROUS PRODUCTS

This chapter of Agenda 21 addresses the problems posed by the lackof sufficient scientific information for the assessment of risksentailed by the use of numerous chemicals and the lack of resourcesfor assessment of chemicals for which data are at hand. As all butone of the bracketed paragraphs dealt with finance, this chapterprovoked little discussion at UNCED. The six programme areas inthis chapter are: Expanding and accelerating internationalassessment of chemical risks; Harmonization of classification andlabelling of chemicals; Information exchange on toxic chemicals andchemical risks; Establishment of risk reduction programmes;Strengthening of national capabilities and capacities formanagement of chemicals; and Prevention of illegal internationaltraffic in toxic and dangerous products.

CHAPTER 20: ENVIRONMENTALLY SOUND MANAGEMENT OF HAZARDOUS WASTES, INCLUDING PREVENTION OF ILLEGAL INTERNATIONAL TRAFFIC IN HAZARDOUS WASTES

This chapter addresses the need for effective control of thegeneration, storage, treatment, recycling and reuse, transport,recovery and disposal of hazardous wastes. When this chapter wasdiscussed by the Main Committee, tension began to rise on paragraph20.20(f) on increasing "funding for cleaner technology transfer todeveloping countries and [economies in transition]..." Members ofthe G-77 expressed concern over including the transitionalcountries in this and other paragraphs of Agenda 21. Koh askedAlgeria to consult with interested delegations on the placement ofa generic paragraph that would address these concerns. This wasresolved by placing a paragraph in the Preamble (see Chapter 1) andthe deletion of text referring to "economies in transition" inChapter 20.

The next contentious bracketed paragraph addressed theenvironmental impacts of military establishments. The US refused toremove the brackets it had inserted around paragraph 20.23(h) atPrepCom IV for "national security" reasons. After a number ofcountries made statements in favor of retaining this paragraph, Kohrequested that Sweden hold informal consultations. A compromise wasreached whereby the text now reads, "Governments should ascertainthat their military establishments conform to their nationallyapplicable environmental norms in the treatment and disposal ofhazardous wastes."

The four programme areas in this chapter are: Promoting theprevention and minimization of hazardous waste; Promoting andstrengthening institutional capacities in hazardous wastemanagement; Promoting and strengthening international cooperationin the management of transboundary movements of hazardous wastes;and Preventing illegal international traffic in hazardous wastes.

CHAPTER 21: ENVIRONMENTALLY SOUND MANAGEMENT OF SOLID WASTES AND SEWAGE-RELATED ISSUES

This chapter of Agenda 21 relates the issue of management anddisposal of solid wastes to other cross-sectoral issues in Agenda21. Few paragraphs of this chapter contained brackets at thebeginning of the Conference. These paragraphs set targets andtimetables for accomplishing the objectives set forth in each ofthe three programme areas. The G-77 did not want to agree to suchtargets until it was assured of sufficient technology and financialresources. The brackets on these paragraphs were only removed oncethe chapters on technology transfer and finance were resolved.

The four programme areas are: Minimizing wastes; Maximizingenvironmentally sound waste reuse and recycling; Promotingenvironmentally sound waste disposal and treatment; and Extendingwaste service coverage.

CHAPTER 22: SAFE AND ENVIRONMENTALLY SOUND MANAGEMENT OF RADIOACTIVE WASTES

The objective of this chapter is to ensure that radioactive wastesare safely managed, transported, stored and disposed, with a viewto protecting human health and the environment. At the beginning ofthe Conference only one non-finance paragraph remained in brackets:the disposal and storage of radioactive waste near the marineenvironment (22.5(c)). As the US was unwilling to retain the textas stated, the Netherlands was asked to conduct consultations.Compromise text was agreed upon that emphasizes that states, incooperation with relevant international organizations, willdetermine the risk of the disposal or storage of radioactive wastesnear the marine environment. The final text has only one programmearea: promoting the safe and environmentally sound management ofradioactive wastes.

SECTION III: STRENGTHENING THE ROLE OF MAJOR GROUPS

Chapters 23-32 of Agenda 21 address the role of nine major groupsin all aspects of Agenda 21: women; youth; indigenous peoples;non-governmental organizations; local authorities; trade unions;business and industry; the scientific and technological community;and farmers.

There were few bracketed paragraphs in these chapters, however,Dutch Amb. Leon Mazairac, who had coordinated discussion on thesechapters at PrepCom IV, held additional consultations to facilitateresolution. The only chapter that generated much discussion in theMain Committee was Chapter 31 on the scientific and technologicalcommunity. The Holy See asked why the phrase "appropriate ethicalprinciples" had been removed from the text of paragraph 31.12 oncapacity building. Mazairac responded that the delegates who hadconsulted on this matter thought that the text should be moregeneral as there are other principles other than ethical ones. TheHoly See said that it wanted to see this text remain and asked tohear the opinions of other delegates. Koh was able to prevail onthe Committee to adopt the text, while noting the Holy See'sconcerns.

SECTION IV: MEANS OF IMPLEMENTATION

At the conclusion of PrepCom IV, the negotiations on financialresources and mechanisms had broken down during informal-informalconsultations. These talks, conducted by Amb. Andr‚s Rosenthal ofMexico, produced a draft text that, through seemingly mysteriousmeans, emerged from the UN Conference Services system the weekfollowing PrepCom IV as PC/L.75. As negotiations around thisdocument had failed, the G-77 demanded that negotiations on thiscrucial issue resume on the previous G-77 text, L.41/Rev.1, onwhich the negotiators led by John Bell of Canada had reachedimpasse during the fourth week of PrepCom. There was very littlelikelihood that any real progress could have been made on thatdocument and observers close to the negotiations commented that forany real progress, compromise text needed to emerge quickly in Rio.

On 3 June, during the first session of the Main Committee theChair, Tommy Koh, announced that Rubens Ricpero, the BrazilianAmbassador to the United States, would coordinate discussions onthis topic at UNCED. On 4 June, Ricpero presented a Chair's draftfor consideration. While many thought this paper emerged too soonin the negotiations, the timing proved crucial and forced the groupto consider a formulation that reflected a blending of North-Southconsiderations and provided a realistic "starting-point".

The Chair's draft contained the following points: special effortsmust be made to meet the full incremental costs for developingcountries; economic conditions for free trade are essential;developed countries should "reaffirm" commitments to reach 0.7% ofGNP for ODA (with no mention of a target date); mechanisms andsources of funds should include multilateral development banks andsuch funds as the IDA replenishment; multilateral institutions forcapacity-building and technical cooperation; strengthening ofbilateral assistance programmes; debt relief; private funding andprivate investment; innovative financing; a transparent andaccountable GEF; funding for incremental costs of Agenda 21activities, and; review and monitoring of Agenda 21 financing.

When the Ricpero document was tabled, the primary question waswhether the G-77 would accept this text as the basis ofnegotiations. Since more than three-quarters of the discussion atpast two PrepCom meetings on this matter had been devoted to thedecision as to which text would be used for negotiations, many feltthat a quick decision to use the Chair's draft text wouldconsiderably advance debate.

On Friday, 5 June, the G-77 returned with their statement ofposition on financial resources. This document cited a series ofprinciples from L.41/Rev.1 and, in light of these principles,placed a series of issues before the discussion. The mostsignificant fact in its statement was that it did not reject theBrazilian Chair's text. The issues it noted included: credibleassurances for new and additional funding; commitments to reach0.7% of GNP for ODA by the year 2000; a pledging conference to becalled at the next UNGA; a monitoring mechanism for financial flowsto developing countries; and the importance of a supportiveinternational economic climate.

In response, on 6 June Ricpero issued a revised Chair's draft.This text incorporated the concerns of the G-77 and it: identifiedeconomic growth, social development and poverty eradication aspriorities; stated that the cost of inaction would outweigh thefinancial costs of Agenda 21; and noted that global and localenvironmental issues are interrelated. The GEF language remainedbasically unchanged from previous draft. In the "Means ofImplementation" section it called the Secretariat figure of $125billion for implementation of Agenda 21 an "estimate" and statedthat actual costs would depend on the strategies and programmesimplemented. It also stated that financial commitments for Agenda21 should be made by developed countries at UNGA-47 and thatfinancial review and monitoring would be dealt with in the chapteron institutions.

One of the more interesting aspects of this text was the wording ofthe "Activities" section related to the setting of targets andtimetables for countries to reach the established United Nationsgoal of 0.7% of GNP for ODA by the year 2000. The formulation ofthe paragraph on ODA created three different categories ofcountries: those that would "reaffirm" their commitment to thisgoal; other countries; and those that are making the transition tomarket economies. Although this paragraph underwent substantialrevision during the following two weeks, the wording was crucial tothe successful outcome of the negotiations. Since all countries butthe US and Switzerland had affirmed a commitment to reaching the UNtarget of 0.7% of GNP for ODA by the year 2000, the firstformulation that required countries to "reaffirm" their commitment,did not apply to the them. They fell into the second category ofcountries that would "make their best efforts to increase theirlevel of ODA so as to contribute to the common effort to makeavailable the substantive additional resources that have to bemobilized." This wording, effectively, provided the US theopportunity to avoid setting any timetable or target fordevelopment assistance, neutralizing them as a complicating factorin the difficult negotiations that ensued on this subject over thefollowing two weeks.

The G-77, after informal meetings on Sunday and during Mondaymorning, had formulated a list of amendments to the Saturdayafternoon draft. Observers commented, at this point in thenegotiations, that the G-77 seemed unwilling, or unable, as a groupto present a coherent set of amendments. The more than 40 proposedchanges to the Chair's text reflected a fragmentation of interestswithin the G-77 and allowed, according to those close to theprocess, an advantage to the industrialized countries. Some of themore important amendments were: economic and social development andpoverty eradication as the first and overriding priorities of thedeveloping countries; access to new and additional financialresources on grant and concessional basis without any newconditionality; a call for a more equitable and non-discriminatorymultilateral trading system; and the removal of the clauseespecially created for the US regarding ODA.

With the limited time available for negotiations, a decision wastaken to reduce the number of participants in the discussions toeight negotiators from the industrialized countries and eight fromthe developing countries. At 4:30 in the morning on Wednesday,after a marathon negotiating session, the negotiators emerged witha new "Chair's draft" that contained only four bracketedparagraphs. By comparing Monday's draft text (including theproposed G-77 amendments) with the results of Tuesday's closed-doorall-night session, compromise was reached in the following areas:

• In the "basis for action" section, paragraph 4 in the new text now states, "The cost of inaction could outweigh the financial costs of implementing Agenda 21. Inaction will narrow the choices of future generations." This modified version of the "precautionary principle" was a G-77 amendment.

• The phrases "free trade" and "access to markets" were retained.

• Wording that deals with implementation of Agenda 21 included the phrase "will require the provision to developing countries of substantial new and additional financial resources, including on grant or concessional terms and according to sound and equitable criteria and indicators."

• The costs of Agenda 21 were clearly stated to be estimates.

• Developing countries will begin to prepare national plans for sustainable development.

• There will be no "pledging" conference however governments will report back to the 47th session of UN General Assembly with their plans and commitments.

Bracketed text remained in the following three areas:

• ODA For Agenda 21: The problem with paragraph 15 pertains to the target and timetable for developed countries to meet the UN target of 0.7% of GNP for ODA.

• IDA Replenishment Levels: Paragraph 16(a)(i) dealt with the replenishment of the IDA, one of the various existing funding sources and mechanisms used in particular for the poorest of developing countries. The ninth funding replenishment (IDA-9) was set at US$15.5 billion. To adjust for expansion of the world economy and inflation, it has been estimated that IDA-10 would have to be increased by approximately US$2 billion. There is discussion regarding a possible increase to the IDA over and above the correction in real terms that would increase it by US$5 billion, otherwise known as the "Earth Increment". Of this money, US$1.5 billion would come from the World Bank's interest income with US$3.5 expected to come from developed country donors.

• The GEF and Conditionality: The remaining brackets in the Chair's text were related to the changes in governance in the Global Environmental Facility (GEF).

This version of the Agenda 21 chapter was presented to the MainCommittee on Wednesday, 10 June. Debate ensued on the word"including" in paragraph 10 that had been omitted from thatmorning's earliest draft of the text. The insertion of the word"including" in a key phrase that stipulates the types of resourcesnecessary for the implementation of Agenda 21, modified the phraseso that it read, "will require the provision to developingcountries of substantial new and additional financial resources,including on grant or concessional terms and according tosound and equitable criteria and indicators." In the MainCommittee, debate ensued over the significance of the term. The USargued that much new and additional funding will be neither grantnor concessional funds but could take the form of privateinvestment or official debt alleviation. The phrase was sent to thePlenary in two sets of brackets along with the other three areas tobe dealt with at the Ministerial level.

The Main Committee then turned to the 100-plus "financial"paragraphs scattered throughout Agenda 21 in the "Means ofImplementation" section of each chapter. These paragraphs have beenuniformly modified to reflect the fact that costs associated withthe chapter activities are order of magnitude estimates only andthe actual value depends on the strategies and programmesimplemented. These paragraphs were adopted with minor amendments.

As the Main Committee had officially ended early Thursday morning,11 June, responsibility for the resolution of the outstandingproblems was passed to the Chair of the Plenary, the BrazilianPresident Fernando Collor de Mello and his ex officio vicepresident, Celso Lafer, the Brazilian Foreign Minister. Amb.Ricpero was asked to continue as the coordinator of ministeriallevel consultations on the issues of the GEF, IDA, the word"including" and new problems that emerged over the paragraph on"debt relief". Paragraph 16(e), which dealt with debt relief,emerged as an issue on June 12, after the Main Committee had passedon the text to the Plenary. Particularly problematic, for somedeveloped countries, was the phrase "further measures and eligiblecountries should be kept under review." Some countries felt thatthis might expand the list of countries available for special debtrelief consideration beyond the list of the poorest heavilyindebted countries under an expanded definition of the Trinidadagreement of December 1991. By late Friday afternoon, text wasbeing circulated privately among governments.

In his progress report to the General Committee (members of theBureaus of both the Plenary and the Main Committee) at noon onFriday, 13 June, Amb. Ricpero announced that after informalconsultations, consensus had been reached on several paragraphs:

• In paragraph 10, the sentence that deals with the provision of new and additional resources, and includes the word "including", was broken into two parts. The first sentence now only deals with the fact that the implementation of Agenda 21 requires new and additional resources. The second sentence now deals with the terms on which these resources will be provided.

• In paragraph 16(a)(iii), on the GEF, the problem pertained to the word "conditionality." The compromise language agreed to was, "Ensure access to and disbursement of the funds under mutually agreed criteria without introducing new forms of conditionality."

Jan Pronk, Minister of Development Cooperation from theNetherlands, was assigned responsibility for conducting bilateralconsultations on paragraph 15, which dealt with targets andtimetables for ODA. Meanwhile, Ricpero continued consultations onthe paragraph that dealt with IDA and the "Earth Increment". Somegovernments were concerned that if UNCED committed to levels forthe IDA-10 replenishment it would limit or foreclose options withinthe ongoing negotiations in other fora. Others believed that it isunrealistic to set funding levels before reviewing the projectsthat IDA-10 would fund.

The Plenary session that was scheduled for Friday night at 11:00 pmwas postponed and met briefly at 12:45 am on Saturday morning.Ricpero reported that compromise had been reached on paragraph16(e) on debt relief. The agreed text adds the sentence,"Measures to address the continuing debt problems of low andmiddle income countries should be kept under review."; andreplaces the original text with, "debt relief measures should bekept under review so as to address the continuing difficulties ofthose countries."

Ricpero then reported that after extensive negotiations, they hadreached a formulation on paragraph 16(a)(i) on the IDA. The newtext removes any specific reference to the "Earth Increment" anddirects the IDA Deputies to give special consideration to WorldBank President Lewis Preston's statement to the UNCED Plenary,"in order to help poorer countries meet their sustainabledevelopment objectives as contained in Agenda 21." On 4 June,Preston proposed an additional volume of resources for the IDA-10replenishment (1993-95) in order to maintain IDA-9 funding in realterms and, if donors support such an initiative, re-allocate partof the IBRD's net income to the Earth Increment for nationalenvironmental issues (US$1.5 billion).

Lafer then announced that consultations on the only outstandingmatter relating to finance (ODA targets) were proceeding.

The G-77 met Saturday morning, 13 June, to discuss the new text forIDA replenishment. Although not all G-77 members were satisfiedwith the text, they agreed that this may be the best availablecompromise. Meanwhile, consultations continued on targets andtimetables for ODA. As of Saturday morning, the document underdiscussion contained five formulations of the sentence that appliesto those countries that have already affirmed a target of 0.7% ofGNP for ODA by the year 2000. One of the problems faced in theseconsultations was the lack of finance ministers present in Rio. Oneof the major sticking points was the inability of the EC to reachconsensus. While the Netherlands, Denmark and France support 0.7%of GNP for ODA by the year 2000, Great Britain and Germany do not.

At 3:30 pm, the closed door of the ministerial negotiations openedand the participants emerged with an agreed text. Afterconsultations with the regional groups, it was apparent thatfurther consultations were necessary. Just before 7:00 pm agreementwas reached. The new text reads: "Developed countries reaffirmtheir commitments to reach the accepted UN target of 0.7% of GNPfor ODA and, to the extent that they have not yet achieved thattarget, agree to augment their aid programmes in order to reachthat target as soon as possible and to ensure a prompt andeffective implementation of Agenda 21. Some countries agreed or hadagreed to reach the target by the year 2000. It was decided thatthe Commission on Sustainable Development will regularly review andmonitor progress towards this target. This review process shouldsystematically combine the monitoring of the implementation ofAgenda 21 with a review of the financial resources available."The paragraph then resumes with the existing text beginning with"Those which have already reached the target are to be commendedand encouraged..."

Chapter 33 of Agenda 21, "Financial Resources and Mechanisms" wasnow free of brackets and was adopted by the informal session of thePlenary.

CHAPTER 33: FINANCIAL RESOURCES AND MECHANISMS

At the conclusion of PrepCom IV, the negotiations on financialresources and mechanisms had broken down during informal-informalconsultations. These talks, conducted by Amb. Andr‚s Rosenthal ofMexico, produced a draft text that, through seemingly mysteriousmeans, emerged from the UN Conference Services system the weekfollowing PrepCom IV as PC/L.75. As negotiations around thisdocument had failed, the G-77 demanded that negotiations on thiscrucial issue resume on the previous G-77 text, L.41/Rev.1, onwhich the negotiators led by John Bell of Canada had reachedimpasse during the fourth week of PrepCom. There was very littlelikelihood that any real progress could have been made on thatdocument and observers close to the negotiations commented that forany real progress, compromise text needed to emerge quickly in Rio.

On 3 June, during the first session of the Main Committee theChair, Tommy Koh, announced that Rubens Ricpero, the BrazilianAmbassador to the United States, would coordinate discussions onthis topic at UNCED. On 4 June, Ricpero presented a Chair's draftfor consideration. While many thought this paper emerged too soonin the negotiations, the timing proved crucial and forced the groupto consider a formulation that reflected a blending of North-Southconsiderations and provided a realistic "starting-point".

The Chair's draft contained the following points: special effortsmust be made to meet the full incremental costs for developingcountries; economic conditions for free trade are essential;developed countries should "reaffirm" commitments to reach 0.7% ofGNP for ODA (with no mention of a target date); mechanisms andsources of funds should include multilateral development banks andsuch funds as the IDA replenishment; multilateral institutions forcapacity-building and technical cooperation; strengthening ofbilateral assistance programmes; debt relief; private funding andprivate investment; innovative financing; a transparent andaccountable GEF; funding for incremental costs of Agenda 21activities, and; review and monitoring of Agenda 21 financing.

When the Ricpero document was tabled, the primary question waswhether the G-77 would accept this text as the basis ofnegotiations. Since more than three-quarters of the discussion atpast two PrepCom meetings on this matter had been devoted to thedecision as to which text would be used for negotiations, many feltthat a quick decision to use the Chair's draft text wouldconsiderably advance debate.

On Friday, 5 June, the G-77 returned with their statement ofposition on financial resources. This document cited a series ofprinciples from L.41/Rev.1 and, in light of these principles,placed a series of issues before the discussion. The mostsignificant fact in its statement was that it did not reject theBrazilian Chair's text. The issues it noted included: credibleassurances for new and additional funding; commitments to reach0.7% of GNP for ODA by the year 2000; a pledging conference to becalled at the next UNGA; a monitoring mechanism for financial flowsto developing countries; and the importance of a supportiveinternational economic climate.

In response, on 6 June Ricpero issued a revised Chair's draft.This text incorporated the concerns of the G-77 and it: identifiedeconomic growth, social development and poverty eradication aspriorities; stated that the cost of inaction would outweigh thefinancial costs of Agenda 21; and noted that global and localenvironmental issues are interrelated. The GEF language remainedbasically unchanged from previous draft. In the "Means ofImplementation" section it called the Secretariat figure of $125billion for implementation of Agenda 21 an "estimate" and statedthat actual costs would depend on the strategies and programmesimplemented. It also stated that financial commitments for Agenda21 should be made by developed countries at UNGA-47 and thatfinancial review and monitoring would be dealt with in the chapteron institutions.

One of the more interesting aspects of this text was the wording ofthe "Activities" section related to the setting of targets andtimetables for countries to reach the established United Nationsgoal of 0.7% of GNP for ODA by the year 2000. The formulation ofthe paragraph on ODA created three different categories ofcountries: those that would "reaffirm" their commitment to thisgoal; other countries; and those that are making the transition tomarket economies. Although this paragraph underwent substantialrevision during the following two weeks, the wording was crucial tothe successful outcome of the negotiations. Since all countries butthe US and Switzerland had affirmed a commitment to reaching the UNtarget of 0.7% of GNP for ODA by the year 2000, the firstformulation that required countries to "reaffirm" their commitment,did not apply to the them. They fell into the second category ofcountries that would "make their best efforts to increase theirlevel of ODA so as to contribute to the common effort to makeavailable the substantive additional resources that have to bemobilized." This wording, effectively, provided the US theopportunity to avoid setting any timetable or target fordevelopment assistance, neutralizing them as a complicating factorin the difficult negotiations that ensued on this subject over thefollowing two weeks.

The G-77, after informal meetings on Sunday and during Mondaymorning, had formulated a list of amendments to the Saturdayafternoon draft. Observers commented, at this point in thenegotiations, that the G-77 seemed unwilling, or unable, as a groupto present a coherent set of amendments. The more than 40 proposedchanges to the Chair's text reflected a fragmentation of interestswithin the G-77 and allowed, according to those close to theprocess, an advantage to the industrialized countries. Some of themore important amendments were: economic and social development andpoverty eradication as the first and overriding priorities of thedeveloping countries; access to new and additional financialresources on grant and concessional basis without any newconditionality; a call for a more equitable and non-discriminatorymultilateral trading system; and the removal of the clauseespecially created for the US regarding ODA.

With the limited time available for negotiations, a decision wastaken to reduce the number of participants in the discussions toeight negotiators from the industrialized countries and eight fromthe developing countries. At 4:30 in the morning on Wednesday,after a marathon negotiating session, the negotiators emerged witha new "Chair's draft" that contained only four bracketedparagraphs. By comparing Monday's draft text (including theproposed G-77 amendments) with the results of Tuesday's closed-doorall-night session, compromise was reached in the following areas:

• In the "basis for action" section, paragraph 4 in the new text now states, "The cost of inaction could outweigh the financial costs of implementing Agenda 21. Inaction will narrow the choices of future generations." This modified version of the "precautionary principle" was a G-77 amendment.

• The phrases "free trade" and "access to markets" were retained.

• Wording that deals with implementation of Agenda 21 included the phrase "will require the provision to developing countries of substantial new and additional financial resources, including on grant or concessional terms and according to sound and equitable criteria and indicators."

• The costs of Agenda 21 were clearly stated to be estimates.

• Developing countries will begin to prepare national plans for sustainable development.

• There will be no "pledging" conference however governments will report back to the 47th session of UN General Assembly with their plans and commitments.

Bracketed text remained in the following three areas:

• ODA For Agenda 21: The problem with paragraph 15 pertains to the target and timetable for developed countries to meet the UN target of 0.7% of GNP for ODA.

• IDA Replenishment Levels: Paragraph 16(a)(i) dealt with the replenishment of the IDA, one of the various existing funding sources and mechanisms used in particular for the poorest of developing countries. The ninth funding replenishment (IDA-9) was set at US$15.5 billion. To adjust for expansion of the world economy and inflation, it has been estimated that IDA-10 would have to be increased by approximately US$2 billion. There is discussion regarding a possible increase to the IDA over and above the correction in real terms that would increase it by US$5 billion, otherwise known as the "Earth Increment". Of this money, US$1.5 billion would come from the World Bank's interest income with US$3.5 expected to come from developed country donors.

• The GEF and Conditionality: The remaining brackets in the Chair's text were related to the changes in governance in the Global Environmental Facility (GEF).

This version of the Agenda 21 chapter was presented to the MainCommittee on Wednesday, 10 June. Debate ensued on the word"including" in paragraph 10 that had been omitted from thatmorning's earliest draft of the text. The insertion of the word"including" in a key phrase that stipulates the types of resourcesnecessary for the implementation of Agenda 21, modified the phraseso that it read, "will require the provision to developingcountries of substantial new and additional financial resources,including on grant or concessional terms and according tosound and equitable criteria and indicators." In the MainCommittee, debate ensued over the significance of the term. The USargued that much new and additional funding will be neither grantnor concessional funds but could take the form of privateinvestment or official debt alleviation. The phrase was sent to thePlenary in two sets of brackets along with the other three areas tobe dealt with at the Ministerial level.

The Main Committee then turned to the 100-plus "financial"paragraphs scattered throughout Agenda 21 in the "Means ofImplementation" section of each chapter. These paragraphs have beenuniformly modified to reflect the fact that costs associated withthe chapter activities are order of magnitude estimates only andthe actual value depends on the strategies and programmesimplemented. These paragraphs were adopted with minor amendments.

As the Main Committee had officially ended early Thursday morning,11 June, responsibility for the resolution of the outstandingproblems was passed to the Chair of the Plenary, the BrazilianPresident Fernando Collor de Mello and his ex officio vicepresident, Celso Lafer, the Brazilian Foreign Minister. Amb.Ricpero was asked to continue as the coordinator of ministeriallevel consultations on the issues of the GEF, IDA, the word"including" and new problems that emerged over the paragraph on"debt relief". Paragraph 16(e), which dealt with debt relief,emerged as an issue on June 12, after the Main Committee had passedon the text to the Plenary. Particularly problematic, for somedeveloped countries, was the phrase "further measures and eligiblecountries should be kept under review." Some countries felt thatthis might expand the list of countries available for special debtrelief consideration beyond the list of the poorest heavilyindebted countries under an expanded definition of the Trinidadagreement of December 1991. By late Friday afternoon, text wasbeing circulated privately among governments.

In his progress report to the General Committee (members of theBureaus of both the Plenary and the Main Committee) at noon onFriday, 13 June, Amb. Ricpero announced that after informalconsultations, consensus had been reached on several paragraphs:

• In paragraph 10, the sentence that deals with the provision of new and additional resources, and includes the word "including", was broken into two parts. The first sentence now only deals with the fact that the implementation of Agenda 21 requires new and additional resources. The second sentence now deals with the terms on which these resources will be provided.

• In paragraph 16(a)(iii), on the GEF, the problem pertained to the word "conditionality." The compromise language agreed to was, "Ensure access to and disbursement of the funds under mutually agreed criteria without introducing new forms of conditionality."

Jan Pronk, Minister of Development Cooperation from theNetherlands, was assigned responsibility for conducting bilateralconsultations on paragraph 15, which dealt with targets andtimetables for ODA. Meanwhile, Ricpero continued consultations onthe paragraph that dealt with IDA and the "Earth Increment". Somegovernments were concerned that if UNCED committed to levels forthe IDA-10 replenishment it would limit or foreclose options withinthe ongoing negotiations in other fora. Others believed that it isunrealistic to set funding levels before reviewing the projectsthat IDA-10 would fund.

The Plenary session that was scheduled for Friday night at 11:00 pmwas postponed and met briefly at 12:45 am on Saturday morning.Ricpero reported that compromise had been reached on paragraph16(e) on debt relief. The agreed text adds the sentence,"Measures to address the continuing debt problems of low andmiddle income countries should be kept under review."; andreplaces the original text with, "debt relief measures should bekept under review so as to address the continuing difficulties ofthose countries."

Ricpero then reported that after extensive negotiations, they hadreached a formulation on paragraph 16(a)(i) on the IDA. The newtext removes any specific reference to the "Earth Increment" anddirects the IDA Deputies to give special consideration to WorldBank President Lewis Preston's statement to the UNCED Plenary,"in order to help poorer countries meet their sustainabledevelopment objectives as contained in Agenda 21." On 4 June,Preston proposed an additional volume of resources for the IDA-10replenishment (1993-95) in order to maintain IDA-9 funding in realterms and, if donors support such an initiative, re-allocate partof the IBRD's net income to the Earth Increment for nationalenvironmental issues (US$1.5 billion).

Lafer then announced that consultations on the only outstandingmatter relating to finance (ODA targets) were proceeding.

The G-77 met Saturday morning, 13 June, to discuss the new text forIDA replenishment. Although not all G-77 members were satisfiedwith the text, they agreed that this may be the best availablecompromise. Meanwhile, consultations continued on targets andtimetables for ODA. As of Saturday morning, the document underdiscussion contained five formulations of the sentence that appliesto those countries that have already affirmed a target of 0.7% ofGNP for ODA by the year 2000. One of the problems faced in theseconsultations was the lack of finance ministers present in Rio. Oneof the major sticking points was the inability of the EC to reachconsensus. While the Netherlands, Denmark and France support 0.7%of GNP for ODA by the year 2000, Great Britain and Germany do not.

At 3:30 pm, the closed door of the ministerial negotiations openedand the participants emerged with an agreed text. Afterconsultations with the regional groups, it was apparent thatfurther consultations were necessary. Just before 7:00 pm agreementwas reached. The new text reads: "Developed countries reaffirmtheir commitments to reach the accepted UN target of 0.7% of GNPfor ODA and, to the extent that they have not yet achieved thattarget, agree to augment their aid programmes in order to reachthat target as soon as possible and to ensure a prompt andeffective implementation of Agenda 21. Some countries agreed or hadagreed to reach the target by the year 2000. It was decided thatthe Commission on Sustainable Development will regularly review andmonitor progress towards this target. This review process shouldsystematically combine the monitoring of the implementation ofAgenda 21 with a review of the financial resources available."The paragraph then resumes with the existing text beginning with"Those which have already reached the target are to be commendedand encouraged..."

Chapter 33 of Agenda 21, "Financial Resources and Mechanisms" wasnow free of brackets and was adopted by the informal session of thePlenary.

CHAPTER 34: TRANSFER OF ENVIRONMENTALLY SOUND TECHNOLOGY COOPERATION AND CAPACITY-BUILDING

The activities proposed in this chapter of Agenda 21 aim atimproving conditions and processes on information, access to andtransfer of technology, as well as on capacity-building andcooperative arrangements and partnerships in the field oftechnology. After nearly three weeks of negotiation at PrepCom IV,brackets remained around the title, a number of paragraphscontaining the phrase "environmentally [safe and] sound technology"and on paragraphs dealing with the terms of transfer, intellectualproperty rights and transfer of privately-owned technologies.

In Rio, a contact group was established under Dutch Minister HansAlders to deal with these issues. The group agreed to postponediscussion of Saudi Arabia's proposal to insert the words "safeand" before any mention of technology. The paragraph on terms oftransfer (13.14(b)), which had been the most controversial atPrepCom IV, was the cause of much discussion. The US proposedreplacing the bracketed text with text from the BiodiversityConvention. This was particularly ironic because (1) the US hadproposed text from a Convention that it has refused to sign; and(2) the G-77 announced that it was willing to remove the bracketsand accept the existing text. At the US's insistence, it was agreedthat the three most difficult paragraphs in the chapter -- 34.14(b)on terms of transfer; 34.11 on international business as animportant vehicle for technology transfer; and 34.18(e)(iv) on theabuse of intellectual property rights in the case of privatelyowned technologies -- would be addressed as a single package in asub-contact group.

Compromise text was achieved on paragraphs 34.11 and 34.18(e)(iv).Since this text was acceptable to the US, it agreed to release itsreservations on paragraph 13.14(b). The compromise text in 34.11,which addressed the availability of proprietary technology throughcommercial channels, states that while "concepts and modalities forassured access to environmentally [safe and] soundtechnologies...continue to be explored, enhanced access" to suchtechnologies should be "promoted, facilitated and financed asappropriate." The compromise text in paragraph 34.18(e)(iv) reads,"In compliance with and under the specific circumstances recognizedby the relevant international conventions adhered to by states,"states should undertake "measures to prevent the abuse ofintellectual property rights, including rules with respect to theiracquisition through compulsory licensing, with the provision ofequitable and adequate compensation;". The remaining outstandingissue, "safe and" was resolved in the compromise text proposed bythe contact group on atmosphere (see Chapter 9).

CHAPTER 35: SCIENCE FOR SUSTAINABLE DEVELOPMENT

The chapter on "Science for Sustainable Development" focuses on therole and the use of the sciences in supporting the prudentmanagement of the environment and development. As this was one ofthe least contentious chapters of Agenda 21 and was easilycompleted at PrepCom IV, no further discussion was necessary inRio. The four programme areas in this chapter are: Strengtheningthe scientific basis for sustainable management; Enhancingscientific understanding; Improving long-term scientificassessment; and Building up scientific capacity and capability.

CHAPTER 36: PROMOTING EDUCATION, PUBLIC AWARENESS AND TRAINING

This chapter of Agenda 21 is aimed at promoting environmentalawareness through education, raising of public awareness andtraining. This chapter was completed at PrepCom IV and thus, nofurther discussion was necessary. The three programme areas in thischapter are: Reorienting education towards sustainable development;Increasing public awareness; and Promoting training.

CHAPTER 37: NATIONAL MECHANISMS AND INTERNATIONAL COOPERATION FOR CAPACITY BUILDING IN DEVELOPING COUNTRIES

This chapter of Agenda 21 deals solely with capacity building forthe implementation of Agenda 21. Specific capacity-buildingprogrammes for the different sectoral and cross-sectoral issues areincluded in other chapters. This chapter was easily resolved in NewYork and no further discussion was required in Rio.

CHAPTER 38: INTERNATIONAL INSTITUTIONAL ARRANGEMENTS

The institutions chapter of Agenda 21 addresses the needs forintergovernmental and inter-UN agency coordination as well asoverall implementation of Agenda 21. The entire focus of theInstitutions contact group at UNCED (chaired by Egyptian Amb. Nabilel-Arabi) was on the mandate and operations of the SustainableDevelopment Commission. At PrepCom IV, there was overall agreementregarding the choice of the Commission as the body to overseeimplementation of the outcomes of UNCED. The outstanding issuesdeferred to UNCED included: the reporting structure of theCommission; whether it should be a high-level body; membership;need for distinction between the role of governments and NGOs; andthe language on submission to the Commission of national reports onthe implementation of Agenda 21.

UNCED negotiations proceeded smoothly, with final agreement easilyreached on these outstanding points. The high-level Commission willreport directly to ECOSOC, which will in turn, organize a periodicreview of the its work, as well as of system-wide activities tointegrate environment and development. Since the Commission will bea subsidiary body of ECOSOC, its membership will be limited to notmore than 52 members who will be elected with due regard toequitable geographical distribution. Weaker language was adoptedregarding two of the Commission's more important functions:consideration of national reports or periodic communications; andinformation regarding the progress made in the implementation ofenvironmental conventions. The Institutions chapter does notcontain programme areas per se. However, it does identify, underthe "Institutional Structure" section, the roles to be undertakenby UN bodies.

CHAPTER 39: INTERNATIONAL LEGAL INSTRUMENTS AND MECHANISMS

This chapter of Agenda 21 deals with the international law-makingprocess, related problems (particularly in regard to developingcountry participation in this process), and the necessary reforms.PrepCom IV had deferred several contentious issues to the UNCED forfinal resolution, including: the possible use of unilaterally setenvironmental standards as barriers to trade; compliance withinternational agreements; prevention of deliberate large-scaledestruction of the environment (the so-called "environmentalcrimes" provision); negotiation of a nuclear safety convention; anddispute prevention.

Malaysian Amb. Ismail Razali was re-appointed chair of theinstruments contact group, which met four times to negotiate theseoutstanding issues. The most difficult of issues was theenvironmental crimes provision. At both PrepCom IV and UNCED, theUS and many G-77 members insisted adamantly that the provision belimited to times of war. The European Community led the cause fora broader formulation to include times of peace as well. The USargued that a broader formulation would undermine law of wardiscussions currently taking place in the UN. G-77 countries arguedthat the broader formulation would authorize the UN to undulyscrutinize domestic environmental practices. After a hard-foughtbattle, it was agreed to restrict the provision to times of war.The trade issue was resolved by quoting paragraph 123 from theOceans chapter that states, in part, "States recognize thatenvironmental policies should deal with the root causes ofenvironmental degradation, thus preventing environmental measuresfrom resulting in unnecessary restrictions to trade...should tradepolicy measures be found necessary for the enforcementpolicies...the following principles and rules could apply:non-discrimination; trade measures chosen should be the leasttrade-restrictive; transparency in the use of trade measures; andthe need to give consideration to the special conditions ofdeveloping countries". The compliance issue was resolved byreplacing the term wherever it appeared in the text with the weakerconcept of "effective, full and prompt implementation", aformulation supported by the G-77. The dispute prevention issue wasresolved by the replacement of the word "prevention" with the word"avoidance", again representing weaker language. The conflictregarding the nuclear safety convention issue was resolved withlanguage that refers to the "vital necessity to ensure safe andenvironmentally sound nuclear power,... efforts should be made toconclude the ongoing negotiations for a nuclear safety conventionin the framework of the International Atomic Energy Agency".

Thus, the programme areas finally agreed to are: Review, assessmentand fields of action in international law for sustainabledevelopment; Implementation mechanisms; Effective participation ininternational law making; Disputes in the field of sustainabledevelopment.

CHAPTER 40: INFORMATION FOR DECISION MAKING

This chapter of Agenda 21 addresses the issues of collecting andusing information for sustainable development and monitoring theimplementation of Agenda 21. This chapter was completed at PrepComIV and no further discussion was needed at the Conference. The twoprogramme areas in this chapter are: Bridging the data gap; andImproving information availability.

PART II: AUTHORITATIVE STATEMENT OF FOREST PRINCIPLES

The Forest Principles document, (officially, the "Non-legallybinding authoritative statement of principles for a globalconsensus on the management, conservation and sustainabledevelopment of all types of forests) arrived in Rio in a state ofdisarray with 73 separate pairs of brackets surrounding text inmore than a dozen individual problem areas. Some observers spoke ofits intractablity and the chances that UNCED would drop thisdocument or defer discussion of forest principles to another fora.The greatest problem facing the Chair of the Main Committee, TommyKoh, was the selection of the issue coordinator who would leadnegotiations in the contact group. Despite initial hesitation,PrepCom coordinator Charles Liburd of Guyana, was reappointed.

Negotiations began on Thursday, 4 June and continued until Friday,12 June at 3:00 am when agreement was finally reached. While manybelieved that the negotiations here were more productive than atPrepCom IV, the debate was still acrimonious. It was only when thedebate reached impasse and the responsibility for negotiations atthe ministerial level was passed to Klaus T”pfer, the GermanFederal Minister for the Environment, that success was achieved.

During the first week sub-contact groups were formed to deal withindividual paragraphs, while the contact group dealt with the lessproblematic areas. Some participants reported that while consensustext might emerge from these smaller sub-contact negotiatinggroups, the compromise language was often lost when they reportedback to the contact group and discussion was re-opened. When Liburdreported back to Koh at the last all-night session of the MainCommittee, consensus had not been reached on four paragraphs in thepreamble with a further nine paragraphs bracketed and subject toreservation.

T”pfer assumed responsibility for the ministerial levelnegotiations on Thursday, 11 June. In a open-ended meeting thatbegan at 10:00 pm, 18 countries, represented by no less than 11ministers, finally agreed after modifications to an eight-paragraphpackage proposed by Klaus T”pfer. This agreement includes thefollowing points (italicized text reflects new language):

• Paragraph (a) of the preamble was modified to read as follows: "The subject of forests is related to the entire range of environmental and development issues and opportunities including the right to socio-economic development on a sustainable basis."

• Paragraph (d) of the preamble that dealt with a possible future legal instrument for forests was replaced with language that commits the governments to a prompt implementation of the principles and that they decide to keep them "under assessment for their adequacy with regard to further international cooperation on forest issues."

• In paragraph (f) of the preamble, the phrase "are of value to the global environment" was replaced by "and are of value to local communities and to the environment as a whole."

• Preamble paragraph (g) was replaced with the sentence, "Forests are essential to economic development and the maintenance of all forms of life." This replaces a complicated set of competing formulations including some phrases surrounded by three sets of brackets.

• Paragraph 17 (carbon sinks) was deleted and elements placed into paragraph 2(b) that deals with the needs and uses of forests. The terms "photosynthesis" and "carbon fixation" were replaced with "carbon sinks and reservoirs".

• Paragraph 8(d) was re-written to read "Sustainable forest management and use should be carried out in accordance with national development policies and priorities and on the basis of environmentally sound national guidelines. In the formulation of such guidelines, account should be taken, as appropriate and if applicable, of relevant agreed methodologies and criteria."

• Paragraph 8(g), that addresses the sharing of biotechnology (from the North) in exchange for access to biodiversity (from the South), was reformulated to allow access to biological resources in trade for the sharing of technology and profits from biotechnology "on mutually agreed terms."

• Paragraph 8(h), dealing with environmental impact statements was amended to read "and where such actions are subject to a decision of a competent national authority."

• Paragraph 12 (transfer of technology) was adopted, as suggested in T”pfer's "package", to include the phrase, "access to and transfer of environmentally sound technologies and corresponding know-how on favourable terms, including on concessional and preferential terms, as mutually agreed, in accordance with the relevant provisions of Agenda 21, should be promoted, facilitated and financed, as appropriate."

• The "trade policies" paragraph was amended with the phrase, "adequate policies, aimed at management, conservation and sustainable development of forests, including where appropriate incentives, should be encouraged."

• Paragraph 15(b), which dealt with international trade in sustainably managed forest resources, was deleted.

PART III: RIO DECLARATION

The Rio Declaration on Environment and Development contains 27norms for state and interstate behavior, many of which have neverbeen universally accepted before. This Declaration was the onlyunbracketed text to go to Rio. The result of protracted proceduraldebate and agonizing substantive negotiations, the declarationrepresents a very delicate balance of principles consideredimportant by both developed and developing countries.

In light of the very delicate balance achieved in the Declaration,all countries, but for the United States, agreed not to reopensubstantive discussions. It was clear that no other country wouldsupport the US on this point. And so, by the last Plenary session,the US issued a written statement listing its formal reservations(otherwise referred to as their "Interpretive Statements for theRecord") to the Rio Declaration and in particular to: principle 3(opposition to the right to development); principle 7 (rejection ofany interpretation that would imply a recognition or acceptance bythe US of any international obligations or liabilities, or anydiminution in the responsibilities of developing countries);principle 12 (insistence that in certain situations, trade measuresmay provide an effective and appropriate means of addressingenvironmental concerns); and principle 23 (insistence that nothingin the Declaration prejudices or predetermines the status of anyterritories under occupation or the natural resources thatappertain to such territories. As well, insistence that theDeclaration does not affect the rights and duties of occupyingpowers under the laws of war).

The only contentious issue to be resolved by UNCED pertained to theprinciple referring to the rights of people under occupation. Thiswas resolved after extensive consultations conducted by Tommy Koh.The language remains in the Rio Declaration and is referred to inthe Preamble to Agenda 21 (see Chapter 1: Preamble).

The approved text represents to a large extent, an attempt tobalance the key concerns of both Northern and Southern countries.Far from a perfect text, each side achieved success in enshriningthose specific principles that are of particular importance totheir respective political agendas. The developing states were ableto obtain agreement around those key principles that will hopefullysupport their own economic development. These include such conceptsas the eradication of poverty as an indispensable component forsustainable development; humans as the center of concerns forsustainable development; recognition of the special needs ofdeveloping countries; and promotion of a supportive and openinternational economic system.