Published by
the International
Institute for Sustainable Development (IISD)
Vol. 16 No. 18
Wednesday, 12 September 2001
SUMMARY OF THE THIRD OPEN-ENDED
INTERGOVERNMENTAL GROUP OF MINISTERS OR THEIR REPRESENTATIVES ON
INTERNATIONAL ENVIRONMENTAL GOVERNANCE: 9-10 SEPTEMBER 2001
The third meeting of the
Open-ended Intergovernmental Group of Ministers or their
Representatives on International Environmental Governance (IGM-3)
was convened in Algiers, Algeria, on 9-10 September 2001. Over 250
participants from 92 countries, including over 20 ministers, were in
attendance.
Participants were invited to
consider a revised report on International Environmental Governance
by the Executive Director of the United Nations Environment
Programme and the Proposals of the President of the UNEP Governing
Council, David Anderson, which delegates referred to as the
"building blocks" document on IEG. The proposed
"building blocks" are: improving coherence in policy
making – the role and structure of the Global Ministerial
Environment Forum; strengthening the role, authority, and financial
situation of UNEP; improved coordination and coherence between
multilateral environmental agreements (MEAs); and enhanced
coordination across the UN system – the role of the Environmental
Management Group. The G-77/China introduced new "building
block" proposals for consideration, including a sustainable
development framework, capacity building and technology transfer,
and finance. Participants made substantive progress in identifying
areas of convergence and disagreement, directed the UNEP Secretariat
to provide further elaboration on a number of issues, and agreed on
the next steps for the preparation of a framework text for
negotiation at IGM-4 in Montreal, in December 2001.
Participants also addressed, inter
alia, a possible role for the Global Ministerial Environment
Forum (GMEF) as a cornerstone of International Environmental
Governance (IEG), enhancing synergies and cooperation across MEAs
while avoiding the creation of new institutions, the need for stable
and predictable financing for UNEP, and the role of the Environment
Management Group (EMG) in enhancing cooperation in the UN system.
Unresolved issues include the
precise status of the UNEP Governing Council/GMEF and proposals for
its enhanced role in providing guidance to MEA secretariats,
approaches to the clustering of MEAs, including sectoral and
functional clustering arrangements, options for enhanced funding
arrangements for UNEP, and delineating the relationship between the
IEG agenda and sustainable development.
Delighted at its outcome and
achievements, participants reported that IGM-3 had charted a course
that would steer negotiations to a speedy conclusion, possibly as
early as IGM-4 in Montreal.
A BRIEF HISTORY OF THE INTERNATIONAL ENVIRONMENTAL
GOVERNANCE PROCESS
The IEG process was initiated in
decision 21/20 of the UNEP Governing Council that provides for the
further strengthening of UNEP, and decision 21/21, on international
environmental governance. Decision 21/21 calls for a comprehensive
policy-oriented assessment of existing institutional weaknesses, as
well as future needs and options for strengthened governance,
including the financing of UNEP.
The background to decision 21/21
includes a number of key events in UNEP's development. The 1997
Nairobi Declaration was adopted by the UNEP Governing Council and
endorsed by the UN General Assembly, and established UNEP as the
"principal UN body in the field of the environment." The
1998 Task Force on Environment and Human Settlements appointed by
the UN Secretary-General within the overall reform effort of
"Renewing the United Nations" recommended the
establishment of an EMG to improve interagency coordination,
including conventions in its mandate, and the creation of a GMEF.
MALMÖ MINISTERIAL DECLARATION :
The first meeting of the GMEF, held in Sweden in May 2000, adopted
the Malmö Ministerial Declaration, which focused on areas such as
the major environmental challenges of the 21st century and agreed
that the 2002 World Summit on Sustainable Development should review
the requirements for a greatly strengthened institutional structure
for international environmental governance. In this regard, it
concluded that UNEP's role was to be strengthened and its
financial base broadened.
FIRST MEETING OF THE OPEN-ENDED
INTERGOVERNMENTAL GROUP OF MINISTERS (IGM-1): This
meeting, convened on 18 April 2001, at UN Headquarters in New York
and attended by 93 countries, was chaired by Canadian Environment
Minister David Anderson, who is current President of the UNEP
Governing Council and IGM Chair. Participants reached consensus on a
number of issues, including the need to, inter alia: better
define international environmental governance; review international
environmental governance within the context of sustainable
development; involve ministers outside environment ministries;
strengthen UNEP and ensure more predictable funding; make better use
of existing structures, including the coordination and clustering of
multilateral environmental agreements; involve stakeholders; and
ensure the effective participation of developing countries.
EXPERT CONSULTATIONS ON
INTERNATIONAL ENVIRONMENTAL GOVERNANCE:
Convened in accordance with UNEP decision 21/21, this expert
consultation was held in Cambridge, UK, on 28-29 May 2001.
Discussions were held on the future role of the UNEP in relation to
sustainable development and on the financial constraints that hinder
UNEP from meeting its goals. The meeting noted that any discussion
on UNEP being converted into a specialized agency was premature, and
identified three pressing issues concerning IEG: clustering of MEAs,
the multi-layering of governance, and the need to look beyond
environmental governance.
SECOND MEETING OF THE OPEN-ENDED
INTERGOVERNMENTAL GROUP OF MINISTERS (IGM-2): This
one-day meeting was held in Bonn, Germany, on 17 July 2001, and was
chaired by Karen Redman (Canada) on behalf of IGM Chair David
Anderson. The purpose of the meeting was to offer input to the
Governing Council Bureau, which could be used to inform substantive
deliberations at IGM-3. The meeting noted that: a proliferation of
meetings had contributed to a loss of policy coherence and a reduced
impact of the limited resources available; there is a need to
support international sustainable development governance and a
strong role for the EMG; civil society participation in the process
is important; and there is a need to take into account the principle
of common but differentiated responsibilities. Other issues included
interest in some form of MEA clustering and the need for stable
funding for UNEP, possibly through the use of the UN system of
assessed contributions.
The IEG process has also benefited
from two consultative civil society organization (CSO) meetings held
in Nairobi, Kenya, in May and August 2001. It has also benefited
from input by the Nairobi Committee of Permanent Representatives
(CPR).
REPORT OF THE MEETING
IGM-3 was officially opened on
Sunday, 9 September. Following a brief consideration of
organizational matters and the presentation of the UNEP Executive
Director's report, delegates dedicated the rest of the day to
general debate on the issue of international environmental
governance, based on the "building blocks" proposals
prepared IGM Chair Anderson. On Monday, 10 September, a morning
session was given over to an in-depth consideration of these
proposals in two working groups. The working groups presented their
reports at a reconvened Plenary in the afternoon. Following brief
debate, delegates adopted the reports and considered next steps,
following which IGM-3 was officially closed by Algeria's Prime
Minister Ali Benflis.
OPENING PLENARY
Algerian Environment Minister
Cherif Rahmani opened the Plenary, welcomed participants to IGM-3
and introduced the President of Algeria.
In his opening remarks, Governing
Council President David Anderson thanked the government and people
of Algeria for hosting the meeting. He said International
Environmental Governance is emerging as one of the principal topics
for consideration at the World Summit on Sustainable Development
(WSSD) to be held in South Africa in September 2002. He noted that
the presence of President Bouteflika augured well for the future of
IEG.
In his opening address, Algerian
President Bouteflika highlighted factors hindering effective
implementation of the UNCED agreements including, inter alia, poverty,
consumption and production patterns, and macro-economic constraints.
He called for: efforts to make MEAs more democratic; integration of
the environment into economic and social concerns; support for a
Southern NGO meeting to be hosted by Algeria in October 2001; and a
reconstitution of the UNEP Environment Fund.
After a brief adjournment, Plenary
reconvened. Chair Anderson recalled progress to date in the IEG
deliberations and said he results of the assessment are to be
integrated into a report to the GMEF/Seventh Special Session of the
Governing Council of UNEP, scheduled to take place in Cartagena,
Colombia, in February 2002, and which is expected to adopt and
possibly transmit the results from the IGM meetings to the third
Preparatory Committee of the WSSD. Anderson said that proposals from
other stakeholders would give additional clout to the deliberations.
Sharing his own perspective on the
work of IGM-3, Anderson invited participants to reach a consensus on
a framework for the preparation of an agreed text, identifying as
many areas of convergence as possible. He indicated that fine-tuning
could take place during the inter-sessional period leading up to
IGM-4. Chair Anderson also drew attention to questions circulated
before IGM-3 by the UNEP Executive Director.
ADOPTION OF THE AGENDA:
Chair Anderson presented the provisional agenda (UNEP/IGM/3/1),
which delegates adopted without comment.
ORGANIZATION OF WORK:
Recalling that previous IGM meetings have followed UNEP Governing
Council Rules of Procedure, Anderson proposed using the same
procedure. He outlined his proposals for the conduct of a Plenary
session moderated by Amb. Raúl Estrada (Argentina) followed, the
next day, by a morning of working group sessions, and a closing
Plenary in the afternoon. Delegates adopted the procedural
proposals.
FURTHER CONSIDERATION OF ISSUES IN
INTERNATIONAL ENVIRONMENTAL GOVERNANCE
PROPOSALS OF THE PRESIDENT OF THE
UNEP GOVERNING COUNCIL: Chair Anderson
introduced his "building blocks" proposals on IEG
(UNEP/IGM/3/CRP.1), which he said capture the essence of converging
opinions as expressed at the two previous IGM meetings and enjoys
the full support of the Bureau of the UNEP Governing Council. He
said the paper identifies key pressures and imperatives for
improving IEG and the key challenges in the short-, medium- and long
terms, while recognizing that there is no single "silver
bullet" solution. One section identifies possible actions to
address key weaknesses in the existing IEG architecture: improving
coherence in environmental policy making through the GMEF;
strengthening the role, authority and finances of UNEP; improving
the coherence of MEAs; and enhancing coordination within and across
the UN system.
REPORT OF THE EXECUTIVE DIRECTOR:
UNEP Executive Director Klaus Töpfer presented his revised Report
on IEG (UNEP/IGM/3/2). Töpfer said in addition to GMEF
contributions, input into his "living document" has been
received from the EMG, MEA secretariats, UNEP's Committee of
Permanent Representatives (CPR), NGOs and an expert meeting on IEG.
Noting that this was the first time the IGM was convening
specifically to discuss IEG, he urged delegates not only to exchange
views, but also to find solutions.
GENERAL DEBATE:
In the ensuing discussion, many delegates expressed appreciation for
the Executive Director's Report and supported Minister Anderson's
"building blocks" proposals, which some suggested was a
good basis for negotiations.
Iran, on behalf of the G-77/China,
noted that deliberations on IEG have entered a critical stage and
drew attention to G-77/China-commissioned research papers from the
Third World Network and the South Center. He highlighted a number of
points, including the need to: maintain the linkage between
environment and development; approach IEG through the lens of
sustainable development; use a strengthened International
Sustainable Development Governance context to improve interactions
with the multilateral trade and finance institutions; maintain the
Commission on Sustainable Development (CSD) as the main forum for
high-level policy debate on sustainable development; and review the
CSD in the context of the WSSD preparatory process (UNGA Resolution
A/55/199). He said the reasons for current weaknesses in IEG are not
necessarily institutional, but rather a lack of political will,
particularly on the part of developed countries. The G-77/China
proposed the creation, under UNEP, of an intergovernmental expert
body on the transfer of environmentally sustainable technologies
(ESTs) and an increase in UNEP financial resources without imposing
a further burden on developing countries, but rejected arguments for
the creation of a new institution. He supported further study of the
feasibility of MEA clustering, called for a role for UNEP in the GEF
and said a proposal to enhance the role and authority of the GMEF to
act as an "umbrella environmental policy forum" is too
ambitious.
Belgium, on behalf of the European
Union (EU), said the European Council had identified IEG as a
priority issue in the pursuit of sustainable development at the
global level. She said: all countries should participate on an equal
basis in the IEG system; the institutional architecture for IEG
should have sufficient capacity, authority and credibility to
address environmental threats in a globalizing world; EU member
States would increase their ODA levels to 0.7% of GNP by the 2002
WSSD, and called on other partners to reciprocate; and added that
the proposals contained in the "building blocks" document
formed a good basis for dialogue. In response to comments at the
close of the discussion, she urged delegates to respond to the
proposals in the text, not to what they imagined could be behind the
proposals.
Algeria called for a structure
that can improve the state and future of the environment, with
greater participation of all on a just and equitable basis.
Switzerland supported Chair
Anderson's "building blocks" paper, in particular his
concern for coherence in IEG through a strengthened political
leadership role for the GMEF and stable funding for UNEP. He said a
strengthened EMG, operating within the UN system, could reflect the
legitimate desire of the G-77/China to develop IEG within the
context of sustainable development. The Republic of Korea said the
"building blocks" proposals are in line with an
evolutionary process and provide a good basis for dialogue, but he
expressed reservations about the GMEF proposals.
The Russian Federation urged
caution in addressing IEG and supported an evolutionary approach to
change, with UNEP adopting a role as a world environmental agency.
He said UNEP does not yet have sufficient financial reserves to
pursue its role as a catalyst for international environmental
action.
France expressed the hope that the
WSSD will be a decisive step towards the creation of a single world
environmental organization (WEO) and supported additional resource
allocations for UNEP, possibly using the UN scale of assessments to
support the current Environment Fund and voluntary contributions for
other UNEP activities.
Germany said strengthening UNEP
should be based on an assessment of the anticipated needs to address
future environment threats. He said the WSSD would lead to the
upgrading of UNEP in Nairobi into a WEO. Citing the goal of
upgrading the environment issue in the UN, particularly in light of
globalization, he called for stable and predictable financing for
UNEP and said the GMEF should have greater weight in general
environmental policy.
China underscored the importance
of IEG implementation at the national level, discussed the differing
environmental preoccupations of regions at different stages of
development, and reiterated the G-77/ China reluctance to create new
IEG institutions.
Tunisia stressed the importance of
regional environmental instruments in the context of IEG.
On institutional infrastructure,
Bangladesh supported: an evolutionary and incremental approach;
clustering of MEAs on the basis of issues and functions that offer
prospects for cooperation and synergy; co-location of Secretariats;
the need to strengthen the EMG; and the need to clarify the
relationship between UNEP and the GEF, and between UNEP and other
environmental financing mechanisms. He said IEG reform and
revitalization can only benefit sustainable development by
addressing emergency response concerns.
The Czech Republic said the GMEF
had proven to be a useful high-level political forum to discuss
environmental problems, and could be strengthened further by:
concentrating more on inter-linkages between the environment,
economy and social development; and inviting the highest placed
representatives of specific sectoral areas to GMEF meetings. He
proposed universal membership of the GMEF.
Indonesia called for careful
consideration of the legal status of the GMEF and supported the
strengthening of funding for UNEP, taking into account the
principles of common but differentiated responsibilities and
polluter pays.
South Africa said the outcomes of
the IEG deliberations must be a key component of the WSSD in
Johannesburg and announced that South Africa would use the WSSD to
call for a global compact between governments, the private sector
and civil society. He said a key area to be addressed in IEG is the
strengthening of political leadership, specifically a strengthened
GMEF. He also called for a stronger UNEP, with an improved funding
base, a rationalized approach to MEAs, and a role for the GMEF in
defining the criteria and rules for GEF funding.
With Guinea and South Africa,
Uganda called for a focus on the eradication or reduction of
poverty, and also called for the strengthening of UNEP. Guinea also
proposed supporting investment and resource development in African
countries.
Chile, Rwanda, and the Netherlands
also supported combating poverty. Mauritius said the best method to
combat poverty is to support trade.
Norway said the key challenge is
to mainstream environment concerns into development so that market
forces work in favor of poverty eradication proposals. She called
for: capacity building, technology transfer and financial
strategies; CSO participation; and a high-level scientific and
technology body for UNEP. She added that the design of a system to
share responsibilities would influence Norway's attitude to future
contributions to UNEP, and supported the creation of a role for an
environmental ombudsperson.
Palestine proposed the
establishment of an international environmental court, outlined the
efforts of the Palestinian Authority to protect the environment, and
said Israel had bombed the Ministry of Environment building in
Ramallah.
Iraq drew attention to the effects
of depleted uranium used during the Gulf war.
While commending efforts to raise
financial resources from private and civil society sectors, Senegal
said that UNEP could help ensure the coherence and implementation of
MEAs through clustering.
Mexico proposed a flexible,
coordinated, decentralized IEG system, with clustering starting at
the national level, and continuing at the regional and international
levels; and an improved IEG setting with clear roles for the GMEF.
He also supported a multi-annual contribution for UNEP based on the
UN scale of assessed contributions.
Egypt said she was open to interim
consideration of an agreed non-binding scale of assessments for UNEP
financing, taking account of common but differentiated
responsibilities. She cautioned against making an environmental
ministers' forum the main coordinating body for MEAs.
Kenya said governments should be
the main financiers of UNEP. Acknowledging UNEP's financial
challenge, Pakistan said that no increased burden should be placed
on developing countries.
Japan said the GMEF could play a
leading role in deepening discussion on the major environmental
issues of the 21st century. On funding for UNEP, he supported an
improvement of the existing system of voluntary contributions. He
also supported a case-by-case approach to clustering of MEAs and
optimizing the use of existing resources.
Argentina said globalization was
perhaps not sustainable. He said concerns about IEG may have been
caused by a lack of integration of environmental considerations in
national policy, and added that governments, not international
bureaucracy, had the principle responsibility for governance. He
stated that clustering of issues is gaining acceptance, particularly
in relation to the MEA secretariats that are linked to UNEP, and
could be tested on a pilot basis.
India said that IEG should be
viewed in the broader context of governance, particularly the three
pillars of sustainable development. On strengthening integration
with existing financial, trade, development and technical
organizations, he said the WTO had sufficient capacity to take up
these issues, and expressed a strong reservation on the proposal to
create a WEO. With Malawi, he was supportive of strengthening UNEP
and maintaining its location in Nairobi. He said the GMEF had given
UNEP some political authority and should remain a political forum
for coordination of environment and development issues at the
international level, but opposed a GMEF role in formulating policies
on cross-sectoral issues, since this could interfere with other
institutions. He proposed clustering MEAs along functional and
sectoral lines, only on a case-by-case basis.
Expressing his appreciation for
the paper on harmonization of national reporting (UNEP/IGM/3/CRP.2),
the United States said the paper provided a rigorous assessment of
environmental governance, and noted that the system itself is not so
ill, but is self-correcting, since the MEAs have already begun to
address inconsistencies.
Stating that effective political
will must be accompanied by rigorous analyses, Australia said proper
political analyses should precede solutions.
Morocco noted that the main gap in
implementation relates to the commitments made and actions yet to be
taken.
On behalf of the African
Ministerial Conference on the Environment (AMCEN), Nigeria called
for one policy forum, such as GMEF, with cross-cutting roles and a
closer relationship with the GEF.
UNDP supported: a strengthened IEG
system; a strengthened UNEP with sufficient resources; and an
extension of the IEG debate to include other ministers, and
stakeholders at the national and regional levels.
The World Meteorological
Organization suggested that proposals to strengthen UNEP's
capacity on early warning and monitoring systems will require
elaboration because a number of agencies are already involved in
such activities.
Chair Anderson thanked all the
participants and invited Moderator Estrada to present a synthesis of
the points raised during the Plenary. In his summary, Estrada noted,
inter alia:
-
Comments by the President of
Algeria on linkages between the environment and poverty,
specifically the need to promote an equitable distribution of
income;
-
The general welcome given to
Chair Anderson's "building blocks" paper and the
UNEP Executive Director's report;
-
Acceptance of Chair Anderson's
suggestion that deliberations continue on the basis of a
framework text to be fine-tuned during the inter-sessional
period;
-
Concern that environmental
matters be discussed in connection with sustainable development;
-
Acknowledgement that IEG is
related to the political will to fulfill commitments from UNCED;
-
The emphasis placed on the WTO's
rules;
-
Agreement on strengthening
UNEP and providing the organization with adequate, stable and
predictable funding, and strengthening UNEP in GEF;
-
The need to optimize the
utilization of existing institutions;
-
Comments on relations between
the UNEP Governing Council, the CSD and GMEF;
-
Comments on clustering,
including proposals for a pilot project;
-
Discussion on the EMG; and
-
Discussion on the GEF,
including suggestions that new areas be included under its
dominion, with faster procedures to satisfy needs.
Chair Anderson proposed that the
points in Estrada's summary be taken as a basis for working group
discussions on specific options for strengthening international
environmental governance. In response to a US request for
clarification of the procedures, Chair Anderson expressed the hope
that the discussions would inform preparations for IGM-4, when a
more formal text could be considered. He invited participants to
consider submitting a written version of their proposals and
responses.
WORKING GROUP I
Mohammed Vali Moosa (South Africa)
convened Working Group I on Monday morning, 10 September, for a
discussion based on two of the themes in Chair Anderson's
"building blocks" document, namely improving coherence in
policy making – the role and structure of the GMEF, and
strengthening the role, authority, and financial situation of UNEP.
He explained that the intention of the working group was to inform
the preparation of specific proposals to be tabled at IGM-4, in
Montreal, in December 2001, and that the Executive Director of UNEP
and the IGM Chair would prepare these proposals.
The G-77/China asked that both the
"building blocks" document and the Executive Director's
revised Report on IEG be used as the basis for discussion. Supported
by Canada and Norway, he also proposed the addition and
consideration of new "building blocks" on sustainable
development and on technology cooperation, technology transfer,
capacity building and finance. The EU agreed that IEG must be viewed
within the context of sustainable development.
GENERAL DISCUSSION: The
G-77/China called for an evolutionary process without eroding
structures such as the Commission on Sustainable Development (CSD).
The EU also supported an
evolutionary approach and said the IEG system must have
participation on an equal basis, and must possess the capacity,
authority and credibility to address a wide range of environmental
issues.
South Africa recalled that the
original impetus behind the IEG debate was the need to enhance
developing country participation. He called for a mechanism to link
Conferences of the Parties (COPs) and Meetings of the Parties
(MOPs), with the GMEF serving as an overarching political vehicle.
GMEF: The
G-77/China called for clarification of: the role(s) of the UNEP
Governing Council and the GMEF; the implications of universal
membership of the GMEF; and the GMEF's legal relationship with
COPs. He suggested a three-fold role for the GMEF, serving as: a
global forum for dialogue; a source of advice and guidance to COPs;
and as an instrument for coordination. Egypt and Indonesia echoed
the G-77/China's concerns about implications for the CSD.
South Africa called for a pilot
phase in which a number of COPs/ MOPs could be convened during an
annual week-long meeting of the GMEF, with ministerial participation
from, inter alia, agriculture and energy ministries. The EU
said it was essential to have a discussion on the GMEF's role in
providing political guidance on IEG, promoting synergies and
addressing questions of implementation and prioritization of issues
at international, regional and national levels.
Switzerland said the question
facing participants was "How much authority are we willing to
give the GMEF?" Canada proposed three possible areas of work
for the GMEF: identification of policy priorities based on the UNEP
GEO reports; scientific assessment; and guidance on implementation
priorities based on a review of MEA activities. Norway said he would
elaborate a proposal for the creation of an ombudsperson.
GMEF and Governing Council
Relationship : The EU supported a
separation of the GMEF and UNEP Governing Council, with the GMEF
serving as the authoritative body providing guidance to various
agencies, and with universal membership. He said he was also
prepared to look at options for universal membership of the
Governing Council. The Republic of Korea said that the G-77/ China
would resist the separation of the GMEF from the Governing Council
and cautioned that Parties to MEAs could not be bound by GMEF
decisions. Bangladesh said he could not envisage the GMEF as a
separate body.
Colombia called for clarification
of the legal status of the GMEF and for more work on the
interpretation of its UNGA mandate in Resolution 53/242. Norway
highlighted the need for a clearer distinction between the GMEF and
Governing Council. He suggested that the GMEF should receive reports
from the EMG, and these should also go to the CSD.
UNEP'S STATUS: The
G-77/China supported deferral of the question of UNEP's
transformation into a specialized agency. Canada argued that
specialized agency status could break the logjams facing UNEP.
Finance:
The G-77/China supported strengthening the links between the GEF and
UNEP. The Czech Republic, noting UNEP's role as an implementing
agency of the GEF, urged UNEP to adopt a more aggressive role in
defining funding priorities. South Africa said the GMEF must be able
to take the political lead in the relationship with the GEF. The EU
also said the GMEF could provide guidance to the GEF on priorities.
On financing UNEP, the G-77/China
underlined the importance of common but differentiated
responsibilities as a guiding principle and suggested that the UN
address UNEP's requirement for additional administrative costs,
with operational finances supplied by developed countries. With
support from Canada and Switzerland, the G-77/China called on the
UNEP Secretariat to outline the implications of various options for
financing UNEP. With the United States and the Republic of Korea, he
ruled out mandatory financing. Canada proposed a middle-way between
voluntary and mandatory assessed contributions, such as a
tailor-made assessed scale with voluntary contributions and
appropriate burden sharing.
Norway cautioned that a system of
voluntary assessed contributions could have implications because his
country already contributes at a level above the UN assessment.
Colombia and Japan drew attention to UNEP's efforts to raise
finances from the private sector.
The EU proposed consideration of
negotiated multi-annual agreements on financing UNEP, assessments
linked to programme activities, and he undertook to support efforts
to make UNEP's budget more stable and predictable. South Africa
insisted that participants put substance behind their commitment to
strengthening the predictability of UNEP's finances.
PROPOSAL FROM THE CHAIR ON THE
GMEF: Chair Moosa outlined a possible
approach to the GMEF, including the following elements:
-
No change in the legal status
of MEAs;
-
Change in the management and
administration of MEAs;
-
GMEF to act as a forum for
decisions on MEA coordination and clustering;
-
GMEF to engage in broad
political discussion but making no binding decisions for other
governing bodies;
-
GMEF to constitute itself as
the governing body for one or more MEAs on a voluntary and
evolutionary basis; and
-
Facilitation of high-level
ministerial representation at all meetings.
Chair Moosa thanked participants
for their contributions and announced that he would present a
summary of the Group's deliberations in the afternoon at the
reconvened Plenary.
WORKING GROUP II
Working Group II met in a morning
session on Monday, 10 September, and considered two "building
blocks" in Chair Anderson's document, which deal with
improved coordination and coherence between MEAs, and the role of
the EMG in enhancing coordination across the United Nations system.
Working Group Chair Philippe Roch (Switzerland) outlined the
proposals contained in the paper and invited delegates' comments.
IMPROVED COORDINATION AND
COHERENCE BETWEEN MEAs: The discussion
focussed on the role of the GMEF, financing, and how to cluster
MEAs. The EU, Norway and others supported G-77/China proposals to
add new building blocks for consideration on: technology transfer
and capacity building; financing of UNEP and the IEG; and setting
the IEG debate within the context of sustainable development.
Clustering of MEAs :
The G-77/China stressed the need for coherence and coordination of
MEAs, but noted that MEAs are constrained by their legal autonomy.
He expressed a preference for issue-based clustering and proposed
the pilot clustering of a limited number of MEAs. He urged UNEP to
seek the agreement of MEA bodies on its proposed role in MEA
coordination.
The EU said the objectives of
improving coherence and coordination were aimed at: achieving
efficiency in MEAs; enhancing participation at meetings; and
reducing reporting and implementation burdens. He supported sectoral
and functional clustering. Norway envisioned three challenges for
coordination and coherence of MEAs: avoiding conflicts; achieving
their untapped potential; and addressing their shortcomings in
compliance and implementation. The UK noted that existing memoranda
of understanding between MEA bodies could be considered an approach
to clustering.
CITES said that: coordination and
coherence must go beyond working with MEAs; the emergence of issues
is unpredictable, thus posing difficulties for pre-defining work on
coordination; there is potential for coordination of capacity
building; and that competition over resources among agencies is a
reality. He drew attention to the need for national-level
coordination and requested that UNEP organize a meeting of the heads
of Conventions and establish a clearinghouse for information on
meetings. The IUCN suggested linking MEA coordination to resource
allocation.
Stressing the need to understand
where inconsistencies and incoherencies actually exist, the US, with
Switzerland and India, noted that there is no support for the
creation of a new institution. With Poland, he supported a proposal
to pilot clustering. The UK sought clarification regarding the
timeframe for such a pilot phase.
In response to a US inquiry
regarding inconsistencies across MEAs, the G-77/China drew his
attention to the Executive Director's Report. UNEP also drew
attention to reports it circulated at IGM-2, following consultations
with 20 secretariats on issues such as inconsistencies, overlaps and
opportunities, adding that in response to similar questions raised
by the Nairobi CPR, UNEP was preparing a paper that it could also
circulate at the IGM-4.
GMEF:
The EU said the GMEF should have political authority. Concurring,
Norway said the GMEF should oversee the whole process of
coordination and coherence. Canada said the GMEF might be the place
for coordination and coherence on crosscutting issues such as
science, policy assessments, indicators, and on a pilot initiative
on national reporting.
The US pressed for clarification
of the role of the GMEF within its present mandate, as set out in
paragraph 9(a) of UNGA Resolution 53/ 242.
Noting that non-members of UNEP
may not attend the GMEF, Poland proposed universal membership. The
WMO noted a difficulty with the reference to "policy
guidance" from the GMEF and supported a G-77/China proposal for
consultations between UNEP and MEAs.
Financing:
The G-77/China acknowledged the need for stable financing for UNEP
and suggested separating the operational and administrative costs.
With the US, he opposed a proposal on an assessed contributions
approach. The EU said the financing issues go beyond concerns about
UNEP.
ENHANCED COORDINATION ACROSS THE
UN SYSTEM – THE ROLE OF EMG: The
G-77/China noted problems with transparency in the EMG deliberations
and reporting procedures, and the need for information sharing with
member States. With Norway, he said the EMG's role had not been
fully exploited. He proposed that the EMG could report in an
advisory capacity to either the GMEF or CSD. The EU concurred with
the G-77/China on the EMG's role and reporting to the GMEF. He
called for high-level representation in the EMG and proposed that
the EMG should bring together all institutions with an environmental
remit. Norway said the GMEF could provide policy guidance to the
EMG, while the US said he could only support strengthening the EMG
within the provisions of UNGA resolution 53/ 242.
Noting that discussion had been
direct and concrete, Chair Roch highlighted the areas of convergence
and divergence:
-
a consensus was reached on the
need to: improve the IEG system without creating new bodies or
bureaucracy; improve transparency and cooperation; strengthen
the linkage between environment and sustainable development by
mainstreaming the environment in development and vice versa; and
develop a pilot project on clustering that is open and dynamic;
-
recognition of the
policy-guiding role of environment ministers in order to have an
overarching view of what is happening and give advice on
improving the functioning of the IEG system;
-
the present EMG mandate might
be sufficient, but there is need to fulfill and enhance its
relationship with GMEF and other structures; and,
-
agreement to include in the
"building blocks" document, the link between the
environment and development, transfer of technology and capacity
building, and finance, which is not well developed in the Chair's
building blocks, adding that there is a possibility to hold a
short meeting on finance before Montreal.
PLENARY
At the opening of the reconvened
Plenary session on Monday afternoon, 10 September, the League of
Arab States said many people still suffer human and environmental
problems and are placing great hopes in the IGM meeting.
Chair Anderson invited the working
groups to present their reports.
REPORTS OF THE WORKING GROUPS:
Presenting the report of Working Group I, Chair Moosa noted general
support for consideration of Chair Anderson's "building
blocks" together with the additional proposals put forward by
the G-77/China.
He summarized the main outcomes:
-
GMEF to become the cornerstone
of IEG;
-
GMEF to act as a global forum
for policy coordination and political guidance to various COPs;
-
UNEP and GMEF to adopt an
enhanced scientific role;
-
Greater coherence to be
established in relations between the GMEF, UNEP, and the CSD and
with various COPs, the EMG and other bodies;
-
The GMEF to eventually serve
as the focal point for the coordination of various MEAs by
providing an opportunity for the COPs to meet back-to-back with
the GMEF, especially those COPs whose membership coincides with
that of the GMEF;
-
The GMEF's role will not
prejudice the legal status of MEAs;
-
Certain matters, such as the
venue for the GMEF meetings, will not require a decision at this
stage;
-
Consensus on the need to
strengthen UNEP and focus on functions, such as assessment and
early warning functions and partnerships;
-
On the need for stable,
adequate and predictable funding, a number of options were
discussed, including: (a) voluntary contributions, for which
there was little support; (b) a combination of voluntary and
assessed contributions; and (c) splitting administrative and
operational costs where the administrative costs would be met by
the UN regular budget and operational or programmatic costs
would be borne largely by developed countries. These options are
to be further elaborated; and
-
Participants generally stated
that relations between the GEF and GMEF need to be strengthened.
On procedural steps, Working Group
I participants agreed that:
-
The President of the UNEP
Governing Council and UNEP's Executive Director should revise
their documents;
-
At IGM-4, the President of the
Governing Council and the UNEP Secretariat should present: (a) a
draft consensus or negotiating text with annexes addressing key
issues raised; and (b) annexes on details and implications for
each of the options, particularly on finance and the terms of
reference and modalities for a strengthened GMEF.
India, on behalf of the
G-77/China, underlined the need for a UNEP paper on the implications
of the financing options and for further clarification of the status
of the UNEP Governing Council and the GMEF. The EU, supported by
Norway, underscored the importance of implementation and proposed a
role for the GMEF in monitoring targets. Canada, supported by
Norway, recommended that countries take on some of the preparation
of analytical work during the inter-sessional period.
Presenting the Report from Working
Group II, Rapporteur Richard Ballhorn (Canada) noted that discussion
had focused on improving MEA coordination and coherence, that
finance issues had been raised in the discussion under both issues,
and that only 20 minutes were dedicated to discussion of the EMG's
role. He reported consensus on:
-
new proposals for
"building block" themes;
-
the need for more cooperation
between MEAs, including clustering at the functional level,
adopting compliance and capacity building as medium term issues,
and considering programmatic clustering as an immediate issue
with a pilot-phase clustering of four chemicals' agreements;
-
potential for clustering on
regional seas and MEA secretariats;
-
the need for UNEP to present
its work on the coherence of MEAs at IGM-4 and to continue
studying other options for clustering;
-
the need to improve coherence
at national and regional levels;
-
financing as an issue that
goes beyond the IEG process;
-
the need for enhanced
financing for UNEP; and
-
the need to distinguish
between the roles and functions of the GMEF and the UNEP
Governing Council.
The Group also agreed that the EMG
should: be strengthened because its full potential as reflected in
resolution 53/242 has not yet been realized; reflect the three
dimensions of sustainable development; be more transparent; and
should provide information on its activities to the GMEF.
Responding to the summary, the
G-77/China: emphasized the need to recognize the role of the CSD as
the high-level policy body of the UN on sustainable development, in
accordance with GA resolution 53/ 242 and that the GMEF input to the
MEAs must be advisory. This advice could address inter-linkages or
crosscutting issues, but should not be policy advice.
The EU highlighted its priorities:
a pilot project on MEA clustering; a report from UNEP on functional
clustering; acknowledgement that regional clustering is already
happening; and the need for high-level executive representation in
the EMG.
Canada said that heavy
institutional structures should be avoided in coordination of MEAs.
UNEP Executive Director Klaus Töpfer said he had expected the
meeting to be difficult and paid tribute to Chair Anderson's
"building blocks," which had facilitated the
deliberations. He welcomed the integration of environment and
development aspects, the position papers prepared by various
stakeholders and the proposal to link environment to poverty.
Töpfer said he had also learned that the information provided on
the weaknesses of IEG had not been sufficient, there was a need for
more clarification on the GMEF and EMG, and that environmental
governance should be emphasized at the national level. He noted the
information requests made to UNEP, and expressed his thanks to
ministers, delegates, the Government of Algeria, and session Chairs
for their contributions.
The reports were adopted without
objection.
NEXT STEPS:
Explaining the next steps in the IEG deliberations, Chair Anderson
said the UNEP Executive Director will incorporate participants'
views in a revision of his Report on IEG and a summary of the main
points will be distributed. Chair Anderson will present a refined
proposal to IGM-4 in Montreal, Canada, on 1 December, to launch the
final stage in the IGM process. During the intersessional period, he
will undertake informal consultations with regional groups and
others. Written submissions to the process will also be circulated.
The United States, supported by Egypt, asked Chair Anderson to
circulate his refined proposal ahead of IGM-4. The League of Arab
States requested a deferral of IGM-4 to take account of Ramadan.
No participants raised Other
Matters under Agenda Item 5, and Anderson proceeded to the closure
of the meeting under Agenda Item 6. He described the two days of
deliberations as productive and expressed his gratitude to all the
participants.
CLOSING PLENARY
After a short adjournment, Chair
Anderson called the closing Plenary session to order at 5:35 pm. He
noted that the presence of Algeria's Prime Minister, a day after
the President's participation, indicated the importance Algeria
attached to the IGM. He said the meeting had advanced the IGM work,
acknowledged a spirit of ownership of this process by delegates,
expressed confidence about the possibility to conclude the work on
IEG at the Governing Council session and noted that regional groups
had come with open and constructive perspectives and that
substantive work had been undertaken.
Algerian Prime Minister Ali
Benflis noted shortcomings in environmental governance and said he
was confident that constructive debate had improved the quality of
discussion. He stated that environmental protection requires
additional financing, drew attention to the need to improve UNEP's
financial base and expressed hope that the conclusions reached on
institutional issues would result in revitalizing action on the
global environment.
UNEP Executive Director Klaus
Töpfer noted that the atmosphere of hospitality demonstrated by
Algeria had stimulated the meeting's success.
Chair Anderson closed the meeting
at 5.55 pm.
A BRIEF ANALYSIS OF IGM-3
WE HAVE A SOLUTION, NOW WHAT'S
THE PROBLEM?
Participants departed from IGM-3
with a sense of achievement from a session that many had expected to
be steeped in contention arising from differences within and between
regional groupings, and among the UN bureaucracies. In the end,
participants reported that the pre-negotiation session had begun to
prepare the ground and clarify the issues for a critical fourth
meeting of the IGM slated for early December 2001 in Montreal.
This analysis will briefly examine
some of the dynamics at work in the IGM-3 discussions and identify
some of the key areas where differences were narrowed and issues
emerged.
FINDING THE MIDDLE GROUND:
Participants in IGM-3 found themselves charting the seas between the
shores of institutional proliferation and a dearth of political
will. Some arrived in Algeria prepared to tackle the infrastructure
of international environmental governance with a full repair kit.
Others seemed to take offense at "pejorative" references
to fragmentation in the international system of environmental
governance. Thus, it was with some satisfaction that the US pointed
out at the close of the meeting that other participants were finally
coming round to the view that there were more solutions on the table
than well-defined problems. Others consistently named a lack of
political leadership and political will as the underlying problem
that dare not speak their name.
Participants reported progress on
content aided by the process. On the issues, developing countries
succeeded in adding new "building blocks" – capacity
building and technology transfer, and finance, and embedding
sustainable development as the context of IEG – to the set of
issues identified by Anderson for consideration. There were mixed
fortunes for other proposals: attempts to kick the question of
specialized status for UNEP into the long grass for consideration in
the future appeared successful; the concept of clustering received a
boost with emerging agreement on a pilot phase, based on the four
chemicals agreements, namely the Rotterdam Convention (PIC), the
Stockholm Convention (POPs), the Basel Convention (hazardous wastes)
and the Montreal Protocol (ozone); and developing countries hitched
the exploration of options for more effective funding of UNEP to
common but differentiated responsibilities.
Momentum was established by the
high-level participation and competent facilitation of the process
by UNEP officers and political representatives such as Canada's
Environment Minister, David Anderson, in the role of President of
the UNEP Governing Council. Preparations at the regional level also
contributed to a swift identification of issues. Inputs from UNEP's
Executive Director, Klaus Töpfer, notably his
"questionnaire," prompted a focused engagement by key
players.
UNFINISHED BUSINESS:
A series of critical decisions will have to be negotiated,
particularly around an enhanced status for the UNEP Governing
Council/GMEF when negotiators are equipped with documents setting
out the implications for relations with the MEA bodies, the GEF, the
CSD and other UN bodies. What also emerged from IGM-3 was a
consensus that participants had not yet reached a common
understanding of the level and character of improvements required to
enhance IEG. While the presence of representatives from capitals and
permanent representatives from New York, Nairobi and Bonn seemed to
ensure that all perspectives were clearly articulated, it remains to
be seen how deeply the disagreements run. Participants agreed that
more "homework" would have to be done by Töpfer and his
colleagues before the proffered solutions can convince everyone (or
almost everyone) that the problems have been correctly identified.
Moreover, the ambition of the solutions, for example, the authority
to be bestowed on the GMEF, will have to be delicately crafted and
carefully pitched, given the need to avoid any attempt to interfere
with commitments already enshrined in international environmental
law.
The quality of responses to any
question is always a reflection of the effort and integrity of the
process that has been invested in posing the question. The issue of
who gets to frame the solutions (and subsequently the leading
questions) also has an impact on how these are received by others.
Within a UN system where the institutional competition for scarce
resources impacts virtually all activity, UNEP must convince
skeptics that the IEG agenda has an integrity and purpose, which is
not entirely driven by the Programme's own ambitions.
Yet, like a traveler through space
who uses the gravity of a planet to gather momentum, champions of
UNEP and an incremental development of a key role for the Governing
Council/Global Ministerial Environmental Forum have timed their
initiative well. They will tap into the groundswell of political
leverage available in the run up to the WSSD to create an
authoritative platform for environmental governance in the UN system
– with enhanced commitments to funding activities such as
scientific assessment and monitoring. The experience at IGM-3,
however, demonstrated that the IEG agenda has not yet escaped the
gravitational pull of demands by many developing countries still
pressing for delivery on all three strands of sustainable
development.
Some negotiators reach a
crossroads and a moment of decision. Others return, time and time
again, to a roundabout. There were signs at IGM-3 that the IEG
debate may yet be haunted by the still unresolved tensions at the
heart of the international community's attempts to develop a
common commitment to the three pillars of sustainable development.
As one participant noted, in passing, the questions are not all
technical; indeed there remains only one overriding question for
some: "Who is going to foot the bill?"
South Africa, the hosts of the
forthcoming WSSD, injected some balance and pragmatism into this
debate by using the opportunity of IGM-3 to set out the wider
ambitions for a truly comprehensive set of objectives in
Johannesburg. While the IEG is expected to be a key consideration it
will sit alongside other key objectives of developing countries
since 1992, including a resuscitation of attempts to forge a
"Global Compact" to address global poverty and inequality
as a key challenge of sustainable development implementation. The
WSSD will also be used to sustain the momentum behind the Millennium
Declaration targets. Already there are indications from European
Union members that the new GEF replenishment round and ODA
commitments will be used to demonstrate good faith on the economic
and social dimensions of sustainable development.
WHERE DO WE GO FROM HERE?
With one day set aside for IGM-4 in Montreal, and three months to
activate the chemicals pilot-clustering, some will view any
expectation that negotiations can make substantial progress in time
for the Seventh Special Session of the UNEP Governing Council/GMEF
in February 2001 as ambitious. Chair Anderson's inter-sessional
consultations with regional groups and others will be critical,
together with new studies to be circulated by the UNEP Secretariat
and participating countries. Anderson has been asked to circulate
his framework negotiating text ahead of IGM-4 to provide time for
the preparation of considered responses. The urgency to make
substantive progress in Montreal for success in Colombia is real and
may just do the trick in order to steer clear of a potential two-day
consultation on the IEG prior to the WSSD PrepCom in New York in
January-February 2002, due to a widely-held perception that progress
may be stalled or undone in New York.
THINGS TO LOOK FOR BEFORE THE WORLD
SUMMIT ON SUSTAINABLE DEVELOPMENT
FOURTH MEETING OF THE OPEN-ENDED
INTER-GOVERNMENTAL GROUP OF MINISTERS OR THEIR REPRESENTATIVES ON
INTERNATIONAL ENVIRONMENTAL GOVERNANCE: This
one-day meeting will be held on 1 December 2001, in Montreal,
Canada, immediately following a UNEP meeting. Delegates are expected
to begin, and possibly conclude, negotiations on international
environmental governance. For more information, contact: Bakary
Kante, Director, Division of Policy Development and Law, UNEP; tel:
+254-2-624065; fax: +254-2-622788; Internet: http://www.unep.org/IEG/;
e-mail: bakary.kante@unep.org;
or Masa Nagai; tel: +254-2-623493; e-mail: masa.nagai@unep.org;
Internet: http://www.unep.org/IEG/
GMEF/SEVENTH SPECIAL SESSION OF
THE UNEP GOVERNING COUNCIL: This meeting
is scheduled to take place from 13-18 February 2002, in Cartagena,
Colombia. It will consider the IGM recommendations made on the IEG,
including their possible transmission to the preparatory process of
the World Summit on Sustainable development. For more information,
contact: Bakary Kante, Director, Division of Policy Development and
Law, UNEP; tel: +254-2-624065; fax: +254-2-622788; e-mail: bakary.kante@unep.org;
Internet: http://www.unep.org/IEG/
SECOND PREPARATORY SESSION FOR THE
2002 WORLD SUMMIT ON SUSTAINABLE DEVELOPMENT: This
meeting will take place from 28 January - 8 February 2002, at UN
Headquarters in New York. It will review the results of national and
regional preparatory processes, examine the main policy report of
the UN Secretary-General, and convene a Multi-stakeholder Dialogue.
For more information, contact: Andrey Vasilyev, DESA; tel:
+1-212-963-5949; fax: +1-212-963-4260; e-mail: vasilyev@un.org;
Internet: http://www.johannesburgsummit.org/;
Major groups contact: Zehra Aydin-Sipos, DESA; tel: +1-212-963-8811;
fax: +1-212-963-1267; e-mail: aydin@un.org.
THIRD PREPARATORY SESSION FOR THE
2002 WORLD SUMMIT ON SUSTAINABLE DEVELOPMENT: This
meeting will take place at UN Headquarters in New York, from 25
March - 5 April 2002. It is expected to produce the first draft of a
"review" document and elements of the future work
programme of the CSD. For more information, contact: Andrey
Vasilyev, DESA; tel: +1-212-963-5949; fax: +1-212-963-4260; e-mail: vasilyev@un.org;
Internet: http://www.johannesburgsummit.org/;
Major groups contact: Zehra Aydin-Sipos, DESA; tel: +1-212-963-8811;
fax: +1-212-963-1267; e-mail: aydin@un.org.
FOURTH PREPARATORY SESSION FOR THE
2002 WORLD SUMMIT ON SUSTAINABLE DEVELOPMENT:
This meeting is scheduled to take place from 27 May - 7 June 2002,
in Indonesia. It will include Ministerial and Multi-stakeholder
Dialogue Segments, and is expected to result in elements for a
concise political document to be submitted to the WSSD Summit. For
more information, contact: Andrey Vasilyev, DESA, New York; tel:
+1-212-963-5949; fax: +1-212-963-4260; e-mail: vasilyev@un.org;
Internet: http://www.johannesburgsummit.org/;
Major groups contact: Zehra Aydin-Sipos, DESA; tel: +1-212-963-8811;
fax: +1-212-963-1267; e-mail: aydin@un.org.
WORLD SUMMIT ON SUSTAINABLE
DEVELOPMENT: The World Summit on
Sustainable Development will take place in Johannesburg, South
Africa, from 2-11 September 2002. For more information, contact:
Andrey Vasilyev, DESA, New York; tel: +1-212-963-5949; fax:
+1-212-963-4260; e-mail: vasilyev@un.org;
Internet: http://www.johannesburgsummit.org/;
Major groups contact: Zehra Aydin-Sipos, DESA; tel: +1-212-963-8811;
fax: +1-212-963-1267; e-mail: aydin@un.org.
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