Published by the International
Institute for Sustainable Development
(IISD) Vol. 16 No. 19 Monday,
03 December 1999
SUMMARY OF THE FOURTH OPEN-ENDED
INTERGOVERNMENTAL GROUP OF MINISTERS OR THEIR REPRESENTATIVES ON
INTERNATIONAL ENVIRONMENTAL GOVERNANCE:
30 NOVEMBER-1 DECEMBER 2001
The fourth meeting of the Open-ended
Intergovernmental Group of Ministers or their Representatives on
International Environmental Governance (IGM-4) was convened in
Montreal, Canada, from 30 November-1 December 2001. More than two
hundred participants were in attendance.
Over the course of the one-and-a-half-day
meeting, participants convened in three Plenary sessions and in
three working groups to consider revised proposals on options and
elements of international environmental governance (IEG) drawn up
by the President of the UNEP Governing Council, David Anderson,
Minister of Environment of Canada. The Presidents Proposals,
organized in "building blocks," were based on outcomes
from IGM-1 and IGM-2, and revised after IGM-3 to reflect issues on
which agreement had emerged. These building blocks formed the
basis for negotiation at IGM-4.
The Presidents Proposals included core
sections on: improving coherence in policy-making the role and
structure of the Global Ministerial Environmental Forum (GMEF);
strengthening the role, authority, and financial situation of UNEP;
improved coordination and coherence between multilateral
environmental agreements (MEAs); capacity building, technology
transfer and country-level coordination for environment and
sustainable development; and enhanced coordination across the
United Nations system the role of the Environmental Management
Group (EMG). Participants also considered a revised Report on IEG
from UNEP Executive Director Klaus Töpfer, and Secretariat
documents on MEAs and clustering.
While expectations for a swift conclusion of
negotiations at IGM-4 proved unfounded, some progress was achieved
in each of the working groups. Among the new proposals tabled at
the meeting were those from Norway for the establishment of an
Intergovernmental Panel for Assessing Global Environmental Change
and a Strategic Plan of Action to support implementation in
developing countries. The process also continued to benefit from
inputs from non-governmental organizations (NGOs). In the working
group addressing the role and structure of the GMEF, participants
agreed to use the Presidents Proposals as the basis for
negotiation and tabled proposals reflecting divergent views on the
level of authority to be enjoyed by the GMEF in policy guidance on
MEAs. A defining issue was the question of whether or not any new
authority should be limited to the GMEFs current mandate.
Members of the working group on improved coordination between MEAs,
capacity building, technology transfer, country-level coordination
and the EMG, worked into the early hours of Saturday and reached
agreement on a range of issues. The UNEP Secretariat tabled a
paper on financing of UNEP to assist the deliberations of a third
working group, which helped narrow differences over the respective
merits of voluntary contributions, mandatory assessed
contributions, and negotiated assessed contributions.
This meeting enabled delegations to refine their
positions and pinpoint areas of agreement and divergence. Limited
progress was made, however, in settling or narrowing differences,
which may have been due to the insufficient meeting length or
delegations unwillingness to move on firmly entrenched
positions.
A BRIEF HISTORY OF THE
INTERNATIONAL ENVIRONMENTAL GOVERNANCE PROCESS
The IEG process was initiated by Decision 21/20
of the UNEP Governing Council, which provides for the further
strengthening of UNEP, and Decision 21/21, on IEG, which calls for
a comprehensive policy-oriented assessment of existing
institutional weaknesses, as well as future needs and options for
strengthened governance, including financing of UNEP.
The background to Decision 21/21 includes a
number of key events in UNEPs development. The 1997 Nairobi
Declaration, adopted by the UNEP Governing Council and endorsed by
the UN General Assembly, 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 Malmö, Sweden, in May 2000,
adopted the Malmö Ministerial Declaration, which focused on areas
such as the major environmental challenges of the 21st century,
and obstacles and opportunities in international environmental
management. The meeting agreed that the 2002 World Summit on
Sustainable Development (WSSD) should review the requirements for
a greatly strengthened institutional structure for IEG. In this
regard, it concluded that UNEPs role should be strengthened and
its financial base broadened.
FIRST MEETING OF THE OPEN-ENDED
INTERGOVERNMENTAL GROUP OF MINISTERS (IGM-1): This
meeting was convened on 18 April 2001, at UN headquarters in New
York, and was attended by representatives from 93 countries. It
was chaired by Canadian Environment Minister David Anderson, who
is currently President of the UNEP Governing Council. Participants
reached consensus on a number of key issues, including the need
to, inter alia: better define IEG; review IEG 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 MEAs; 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, from 28-29 May 2001. Discussions were held
on the future role of 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
transformed into a specialized agency was premature, and
identified pressing issues concerning IEG: the 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.
Third meeting of the Open-Ended
Intergovernmental Group of Ministers: This
meeting took place in Algiers, Algeria, from 9-10 September 2001.
The meeting considered a revised list of proposals on options and
elements for the IEG process, and decided to add two
"building blocks" of proposals, on sustainable
development, and on capacity building and technology transfer,
respectively. Discussions gave rise to several ideas, including:
coordination of domestic implementation of MEAs as a means of
coordination at the international level; clustering at functional
and regional levels in the medium term; and co-hosting COPs with
related agendas. Delegates agreed that UNEP should be strengthened
and that the GMEF should constitute the cornerstone of the
institutional structure of IEG. The meeting gave UNEP three tasks:
to provide further information on options for strengthening UNEPs
financial situation; to analyze the legal status of the GMEF,
based on UN General Assembly Resolution 53/242; and to prepare a
study on the proliferation of MEAs.
REPORT OF THE MEETING
The fourth meeting of the Open-ended
Intergovernmental Group of Ministers or their Representatives on
IEG was declared open by Karen Redman MP, Parliamentary Secretary,
Canada, on behalf of David Anderson, President of the UNEP
Governing Council, at 3:00 pm on Friday, 30 November. Redman
recalled the mandate for the IEG process and described the
upcoming meeting of the GMEF in February 2002 as an opportunity
for ministers to lay a new path to IEG and formally adopt
recommendations for submission to the WSSD.
She noted the Proposals of the President of the
UNEP Governing Council for consideration by IGM-4 on IEG (UNEP/IGM/4/2),
highlighting additional elements on capacity development and the
elaboration of linkages to sustainable development. She also noted
the updated report of the UNEP Executive Director (UNEP/IGM/4/3)
and additional documents on the operation of MEAs (UNEP/IGM/4/4
and 5). Redman informed delegates that the documentation would
provide the basis for developing compelling recommendations and
that substantive governance issues would have to be faced in the
run-up to the WSSD.
Summarizing the substantive positions arrived at
by the IEG process to date, she noted that:
-
environment ministers wish to establish the
GMEF as the pre-eminent authoritative global forum for "big
picture" environmental issues that would be heeded by other
international decision-makers;
-
the effectiveness of MEAs is a central
governance issue;
-
the decision of the recent World Trade
Organization (WTO) meeting in Doha, Qatar, to examine the
relationship between the WTO and MEAs is a strong indication of
the need to address the effectiveness of MEAs;
-
there is a need to rethink the global approach
to capacity building; and
-
there is broad, if not universal, agreement
that the world needs a strong UNEP that delivers an ambitious
plan of work without having to worry about how it is going to
pay its staff.
Redman stated that President Anderson had
identified political agreement on a course of action to address
UNEPs funding situation as a bottom line for IGM-4. She urged
delegations to reach agreement on concepts but to avoid a
word-by-word negotiation.
UNEP Executive Director Klaus Töpfer thanked
the governments who had recently elected him to a new four-year
term in office. He called on the meeting to reach a general
consensus on the basic principles of IEG, as captured in the
Presidents Proposals. He said broad agreement was sufficient to
allow the GMEF to make detailed decisions in February. He
explained that Presidents Proposals, revised following IGM-3 in
Algiers, include additional elements on: sustainable development;
clustering; capacity building; finance; and implementation of MEAs.
He also noted a number of documents responding to questions raised
in Algiers, including on implementation of MEA clustering
proposals (UNEP/IGM/4/4 and INF/1, 2 and 3); a report on
decision-making in MEAs (UNEP/IGM/4/5); and a report on the legal
relationship between the UNEP Governing Council and the GMEF (UNEP/IGM/4/INF/5).
Töpfer highlighted the resolution of the UNEP financing issue as
the ultimate test of the IEG process.
Participants then adopted the provisional agenda
(UNEP/IGM/4/ 1), and Chair Redman announced that the Bureau of the
UNEP Governing Council would function as the Bureau for IGM-4.
CONSIDERATION OF ISSUES, OPTIONS AND PROPOSALS
FOR STRENGTHENING IEG
Delegates at IGM-4 then engaged in a general
debate in Plenary on issues, options and proposals for
strengthening international environmental governance, and the
Presidents Proposals.
Iran, on behalf of the G-77/China, stated that
there is no need for discussion on the division of work between
the GMEF and the UNEP Governing Council, or GMEF membership and
functions. On the relationship of the GMEF with MEAs, other
organizations and the Global Environment Facility (GEF), he stated
that there should be no independent role for the GMEF. On
meaningful participation by civil society within the GMEF, he
stressed that the involvement of civil society is a system-wide
issue which is being considered in the UN, and whose outcome
should not be prejudged. He urged that the GMEF hold its meetings
in Nairobi. He noted that the EMG is not a mechanism for setting
the GMEF agenda. The G-77/China also stressed their opposition to
the creation of a World Environment Organization, and to UNEP
becoming a specialized agency. On financing UNEP, he supported the
option of multi-year pledges. He favored the consideration of UNEPs
increased role in capacity building and technology transfer, and
noted that UNEPs enhanced role within the GEF should ensure
domestic environmental benefits to GEF-funded projects by applying
the principle of incremental cost in a more flexible manner. He
expressed support for the concept of "pilot clustering,"
and opposed the expansion of the EMGs role beyond interagency
coordination.
Belgium, on behalf of the EU, said part of the
outcome of the WSSD should be the establishment of the GMEF as the
cornerstone of a coherent system of IEG. He advocated a GMEF role
in the mainstreaming of the environment into other policy fields,
and suggested that the GMEF could provide guidance by identifying
global environmental priorities. Noting that the GMEF should deal
with environmental mainstreaming, he stressed the need for caution
to ensure that it does not become a new body on sustainable
development governance. On financing UNEP, the EU emphasized that:
any system must ensure fair burden sharing; the existing practice
of agreed contributions to the main environmental conventions is
exemplary, since it establishes obligations for a fixed number of
years; and an additional option could be the use of the UN
assessed rate. He said the possibility of co-location of MEA
secretariats should be examined, and supported clustering at the
sectoral, functional and regional levels.
Sweden, on behalf of the Committee of Permanent
Representatives to UNEP, noted the Committees strong support
for strengthening the mandate, authority and financing of UNEP.
She supported a strengthened GMEF with a well-defined role and
function. She emphasized that the Presidents Proposals provide
a good political framework for enhancing UNEP, but noted the need
for governments to go beyond this in order to identify UNEPs
comparative advantage. On UNEPs mandate, she stressed
assessment, law and policy development, capacity building and
implementation. She noted broad political agreement on the need to
strengthen UNEPs financial base and the need to elaborate on
the financing options presented in the Presidents Proposals. On
capacity building and country-level coordination, she highlighted
the need for a strategic partnership with UNDP. She recognized
that the EMG could play a crucial role in improving MEA
coordination and noted the need for a clear definition of its
anticipated role.
Indonesia stressed that the IEG process should
be positioned within the broader context of sustainable
development. He highlighted the need for a more reliable and
predictable approach for funding UNEP, such as a multi-year
pledge.
Japan cautioned against adding new layers of
bureaucracy, and highlighted the need for transparency on budget
matters in Nairobi. Brazil underscored that a system of
strengthened IEG should take into account the principle of common
but differentiated responsibilities. Samoa welcomed the Presidents
Proposals and noted a need to strengthen the role of the GMEF in
mainstreaming environmental policies into other policy areas. He
highlighted the need for regional coordination.
The GEF emphasized that the Presidents
Proposals call for a strengthened relationship between UNEP and
the GEF, and do not suggest that the GEF provide funding for UNEP.
Algeria welcomed proposals from Norway for a pluri-annual work
plan.
The US described an IEG system that has been
remarkably resilient. He called for an enhanced role for the GMEF
within its existing mandate, consideration of options on UNEP
funding, and more effective approaches to MEAs and Conferences of
the Parties (COPs), including consideration of bi-annual
scheduling. On MEAs, he supported clustering, and recommended
locating future secretariats in UN headquarters locations. He
called for capacity-building work in developing countries on
implementation of MEAs in advance of their entry into force.
The Czech Republic called for an enhanced IEG
system within and beyond the UN system, and an MEA-type negotiated
approach to UNEP funding with a broader base of donors. Norway
called for adequate, predicable and stable funding for UNEP as a
key outcome of the IEG process. He supported universal membership
in the GMEF and provision for civil society participation. He
announced that Norway had circulated a non-paper containing a
proposal to establish an international scientific panel on global
environmental change. He proposed the creation of an international
high commissioner role to be added to the function of UNEP
Executive Director. He also proposed that the UNEP Executive
Director examine how the EMGs role should develop.
Mexico said institutional strengthening should
respect the terms of reference of the Commission for Sustainable
Development (CSD).
The UK supported universal membership of the
GMEF and effective participation by NGOs and business. He endorsed
a broader and more stable funding base for UNEP using negotiated
contributions based on the UN assessed scale. He proposed that the
EMG answer to the GMEF and report to Member States. He called on
UNEP to set up a working group to systematically examine the scale
of assistance required for effective capacity building in
developing countries. Nigeria urged the international community to
increase resources and support mechanisms to prevent and resolve
conflicts.
Switzerland called for a close relationship
between the GMEF and the EMG; universal membership of the GMEF;
sound and predictable UNEP funding, with fair burden sharing;
clustering along the lines set out in the IGM-4 documentation; and
capacity building to instill shared ownership of IEG at the
national level.
South Africa supported the establishment of a
strong political body at the apex of decision-making on the
environment, within a broader sustainable governance system at the
UN, with participation by ministers of finance, trade and other
sectors. She called for a key role for the GEF in financing IEG.
She cautioned that the discussion on ensuring greater coordination
and integration within the UN system could not be confined to the
role of the EMG. She also called on UNEP to draft a paper on clear
targets, timetables and the identification of institutional
arrangements for a strengthened IEG, which could be set out in a
Johannesburg Programme of Action agreed at the WSSD. Uganda called
on IGM-4 to sort out any potential conflict between the roles of
the GMEF and the CSD.
Many developing countries supported capacity
building, technology transfer, financial support for national
implementation and strengthening UNEP. Kenya, supported by China,
said institutional strengthening should be evolutionary rather
revolutionary, and objected to the creation of new institutions.
Burkina Faso supported the GMEF as a core of the institutional
structure for IEG. The Russian Federation urged that the GMEF not
supersede UN agencies, and supported voluntary financial
contributions to UNEP. Malaysia said the GMEF should not conflict
with the CSD mandate, and objected to giving it an additional role
in policy guidance. Chile objected to the creation of new
bureaucracies, and supported voluntary contributions to UNEP and a
narrow GMEF mandate.
China, supported by the Convention to Combat
Desertification Secretariat, stressed that any decision on
clustering MEAs should be made in close consultation with the COPs
and policy-making bodies of conventions. Côte DIvoire
supported synergies among MEAs, capacity building and predictable
financing for UNEP. Tunisia identified the lack of resources as a
chief obstacle to implementation of existing conventions.
The UN Centre on Human Settlements (HABITAT)
expressed readiness to cooperate with UNEP in operationalizing the
IEG process. UNDP said it is well-positioned to be a strong
partner of UNEP, and suggested that the EMG analyze the particular
strengths and potentials of different institutions in capacity
building. The Ramsar Convention Secretariat asserted that
synergies among MEAs should pertain only to substance and not to
legal status or logistics. The FAO noted that advocating IEG
requires national capacity building and technology transfer to
enable governments to integrate environmental concerns in their
policies.
Following the general debate, Chair Redman
proposed that further consideration of the Presidents Proposals
take place on Friday evening in two working groups: Working Group
I to consider proposals on improving coherence in policy-making
and the role and structure of the GMEF; and Working Group II to
discuss improved coordination and coherence among MEAs, capacity
building, technology transfer, country-level coordination for
environment and sustainable development, and enhanced coordination
across the UN system, including the role of the EMG.
The Plenary reconvened on Saturday morning, 1
December, to hear reports from Working Group I and Working Group
II, which had completed its deliberations. President Anderson
invited Working Group I to reconvene and invited Børge Brende,
Norways Minister of the Environment, to chair a new working
group on UNEP financing issues.
WORKING GROUP I
Working Group I, chaired by Philippe Roch, State
Secretary of Switzerland, convened on Friday evening, 30 November,
and Saturday, 1 December, to consider the Presidents Proposals
on improving coherence in policy-making and on the role and
structure of the GMEF. These proposals address:
-
identification by the IEG process of the need
for a high-level forum for policy dialogue and the need to give
the GMEF greater authority as an environmental policy forum to
provide overarching advice to other entities;
-
universal membership for the GMEF;
-
a clearer definition of the GMEFs role vis-à-vis
MEAs;
-
civil society participation in the GMEF;
-
convening meetings of the Forum outside
Nairobi on alternate years;
-
a stronger role for the GMEF as a policy
advisor to decision-making processes in multilateral financial
institutions, including the GEF;
-
a restructuring of the GMEF GC agenda to take
account of the consolidation of the GMEFs functions and those
of the UNEP Governing Council; and
-
a proposal that the GMEF receive reports from
the EMG.
Egypt stressed that proposals on IEG should be
in line with UN General Assembly Resolution 53/242 on the
establishment of the GMEF, and that its framework should not run
counter to CSD initiatives. Iran, on behalf of the G-77/China,
said he could accept universal participation in the GMEF along the
lines of participation in the CSD but with limited membership. He
warned that universal membership of the GMEF would herald many
implications. He said that no country could be forced to become a
member of the GMEF.
Chair Roch said it was clear that no country
could be forced into membership of the GMEF, and explained that
there was merely a desire to open membership to all countries who
wished to join, and that this provision could be decided by the
General Assembly.
Australia welcomed proposals for an enhanced
role for the GMEF within its existing mandate. He said the mandate
had not been fully explored. He cautioned that existing MEA/COP
mandates must be respected, and questioned a proposal to extend
the GMEF Bureau. Indonesia said that the GMEF was no panacea.
Chair Roch urged delegations to discuss their political demands
and save legalistic arguments for later and assured participants
that any competition between the roles of the CSD and the GMEF
could be resolved.
Colombia reminded the Chair that delegations
could not progress beyond the mandates received from their
capitals, and invited the Secretariat to seek a refinement of the
advice on the legal status of the GMEF. Norway supported universal
membership to strengthen the GMEF. Nigeria challenged supporters
of an enhanced GMEF to "come straight out and say that they
want a new global environmental body," and said difficulties
would continue as long as it was proposed that the ministerial
segment of the Governing Council should be transformed into a
superstructure independent of the Governing Council.
The EU supported universal membership for the
GMEF and possibly for the Governing Council. He said the GMEF
should not become a new body dealing with sustainable development
governance but could deal with environmental mainstreaming. He
also called for a creative approach to enhancing the GMEFs role
in providing guidance to the MEA/COPs. The Republic of Korea
expressed concern that the CSD and GMEF mandates would overlap.
The US said the GMEF mandate is the mandate of the Governing
Council. He outlined ways in which the GMEF/Governing Council role
could be improved with a more structured, science-based approach
to dialogue, a role in identifying trends and emerging risks, and
an engagement in priority-setting that would not conflict with
priorities established by MEA/COPs. He said that the GMEF could
also reaffirm UNEPs efforts to enhance its relationship with
the GEF. He said all of this should remain within the authority
granted to the GMEF GC by UN General Assembly Resolution 53/242.
Canada, the EU, and Antigua and Barbuda welcomed
Norways proposals on an intergovernmental panel for assessing
global environmental change (UNEP/IGM/4/CRP.1), and a strategic
plan of action for implementation support (UNEP/IGM/4/CRP.2). They
suggested integrating them into existing proposals. Canada
welcomed US proposals on areas where the GMEF could provide
guidance to MEAs/ COPs while respecting their mandates. Argentina
said it is not the task of the meeting to discuss the creation of
a new international body. The World Meteorological Organization (WMO)
called on the meeting to give due consideration to existing bodies
involved in environmental assessment and early warning in order.
Brazil expressed discomfort with proposals that
the GMEF provide overarching advice to other bodies and proposed a
horizontal rather than vertical relationship with the MEAs.
The US stressed that it could not support the
GMEF adopting a role in coordinating MEAs, noting that there is no
basis for such a proposition in General Assembly Resolution
53/242. New Zealand supported a GMEF role in providing guidance to
MEAs insofar as COPs maintain the competence to take final
decisions. Egypt supported specialized agency status for the UNEP.
The G-77/China, Egypt, the US and Indonesia supported the
involvement of civil society and the private sector in the GMEF.
New Zealand expressed caution about a proposed CSD-style
multi-stakeholder dialogue at the GMEF.
Chair Roch reconvened Working Group I on
Saturday afternoon, 1 December. He asked the UNEP Secretariat to
explain the legal background to a number of proposals in the
Presidents Proposals. The Secretariat cited from UN General
Assembly Resolution 2997 on the establishment of the UNEP
Governing Council, Chapter 28 of Agenda 21, and the Nairobi
Declaration, to explain the background to proposals for the GMEF
regarding policy guidance, work on emerging issues, coordination
requirements arising from the increasing number of MEAs, the
functioning of MEA secretariats, and EMG reporting to the GMEF.
The Chair introduced a revision of the Presidents
Proposals on improving coherence in policy-making and the role and
structure of the GMEF, taking account of the deliberations during
the working groups first meeting. Among elements deleted from
the Presidents original text on the role and structure of the
GMEF were references to allocating "greater authority"
to the GMEF, and to its "overarching" role in policy
advice. The revised document also: affirms that the GMEF and the
Governing Council are one body; indicates that options regarding
universal membership of, or participation in, the GMEF remain
open; and reflects the need to avoid confusion between the roles
of the GMEF and the CSD.
After an adjournment, Chair Roch invited
participants to respond to his revision of the Presidents
Proposals on improving coherence in policy-making and the role and
structure of the GMEF. To reflect their views on the relationship
between the GMEF and the Governing Council, the US and the
G-77/CHINA referred, in their amendments, to the "GC/GMEF,"
thus reversing the order which appeared in the Presidents
Proposals.
The G-77/China proposed a number of amendments,
to:
-
ensure that the text reflects General Assembly
Resolution 53/242;
-
ensure that any role for the "GC/GMEF"
in reviewing environmental policy in the UN system respects the
independent legal status and governing structures of MEAs;
-
ensure that the GC/GMEF will meaningfully
consider the views of major groups, including NGOs and the
business sector, within established UN rules and modalities; and
-
invite the GMEF to institute a regular
dialogue with multilateral financial institutions, including the
GEF, to improve funding for the environmental component of
sustainable development.
On participation in the GMEF, the G-77/China and
the US preferred text that emphasizes ensuring broad and universal
participation in the work of the GMEF GC.
With the support of the US, the G-77/China
introduced a replacement paragraph, stating that the GMEF is
constituted by the GC/ UNEP, as envisaged in General Assembly
Resolution 53/242.
The EU supported referring to the authoritative
role of the GMEF GC. On universal membership, he proposed text
stating that "a universal membership of the GMEF may call for
further exploration of the need of universal membership of the
UNEP Governing Council." On the relationship between the GMEF
and MEAs, he proposed that a new understanding of the relationship
between the relevant bodies be formalized by the GMEF and could be
agreed upon by a resolution of the UN General Assembly. This would
also require a decision by the autonomous COPs of environmental
and environment-related conventions. He proposed an exploration of
the possibility of having occasional back-to-back meetings between
the GMEF and MEAs and between MEAs. He underlined the EUs
support for the GMEF in providing policy advice by making
recommendations for consideration by COPs. Norway and Switzerland
supported the maintenance of a reference to a policy guidance role
for the GMEF GC.
The US supported many of the comments from the
G-77/China. He proposed deleting a reference to "improving
coherence" in policy making, noting that the US does not
believe that current IEG is incoherent. He also proposed deleting
references to the GMEF GC as "the umbrella environmental
policy forum" and a coordinating role for the GMEF. On
defining the role of the GMEF GC, the US proposed alternative text
stating that: "There is room for clarifying how to make the
most effective use of the GC/GMEF within its existing mandate,
without prejudice to the autonomy of other institutions." On
coordinating decision-making on international environmental policy
with decision-making on financing, the US proposed that the GC/GMEF
reaffirm UNEPs effort to enhance its relationship with the GEF
through the Action Plan on Complementarity between its GEF
activities and its Programme of Work, as adopted in Decisions 20/7
and 21/ 25. On the respective agenda items for the GMEF and the
Governing Council, the US proposed that the ministers work on
policy "within the current mandate of the GC/GMEF."
On the GMEF GC role in environmental assessment,
monitoring and early warning, Norway, supported by Canada,
proposed that consideration be given to the idea of establishing
an intergovernmental panel for the assessment of global
environmental change and its consequences for social and economic
development.
WORKING GROUP II
Kezimbira Miyingo, Minister of State for
Environment, Uganda, chaired Working Group II, which considered
the Presidents Proposals on improved coordination and coherence
between MEAs, capacity building, technology transfer and
country-level coordination for environment and sustainable
development, and the role of the EMG in enhanced coordination
across the UN system.
IMPROVED COORDINATION BETWEEN MEAS: The
Presidents Proposals on improved coordination and coherence
between MEAs addresses, inter alia:
-
the negative impact of the increasing burdens
on governments ability to participate in proliferating
meetings;
-
the possibility of "clustering" MEAs
at the functional or programme level;
-
the need for a more coherent approach to
reporting, scientific assessment and capacity building;
-
endowing the GMEF with the necessary authority
to serve as a venue for reviewing progress in addressing
synergies; and
-
ensuring that UNEP works with secretariats to
develop a functional, programme-based clustering approach.
On proliferating meetings, the US suggested that
COPs hold meetings biannually rather than annually, hold shorter
meetings, and reconsider the need for subsidiary body meetings.
The Convention on International Trade in Endangered Species noted
that: it is Parties themselves who decide on the schedule of
meetings; host countries might not want the expense of more than
one meeting; and holding meetings in one location would limit the
opportunities for civil society to participate, particularly
developing country NGOs. Egypt, on behalf of the G-77/China,
emphasized that back-to-back meetings are inappropriate because
they are too long and draw on different constituencies at the
national level.
On clustering MEAs, the G-77/China supported the
idea of pilot clustering, pending approval from the COPs. The US
said that fragmentation is not a problem in the current system,
and noted the abstract nature of the term "clustering"
and stated that although the US approves of enhancing
coordination, it does not support collecting MEAs under particular
categories and imposing a superstructure to manage them. Chair
Miyingo stressed that clustering at the programme level does not
imply abolishing secretariats or COPs. The UN Framework Convention
on Climate Change Secretariat supported the idea of pilot
clustering, but said it is not appropriate in all circumstances,
noted that functional clustering raises issues of accountability,
and highlighted the impracticality of clustering approaches to
compliance monitoring. The Basel Convention on the Control of
Transboundary Movements of Hazardous Wastes and their Disposal
described its experience with clustering activities of mutual
interest with the Stockholm Convention on Persistent Organic
Pollutants (POPs) and the Rotterdam Convention on Prior Informed
Consent (PIC). The EU highlighted the value of taking a horizontal
or functional approach to the issue of clustering, and cited
examples of pilot clustering projects or UNEP guidelines for
compliance and enforcement on a functional level. Indonesia
supported the idea of clustering MEAs into five categories:
atmosphere, chemicals, biodiversity, land, and oceans. UNEP
clarified that clustering had been recommended by MEA
secretariats.
Canada supported the proposal to endow the GMEF
with the necessary authority to review progress in addressing
synergies and service a clustering approach, whereas the
G-77/China said that it is beyond the GMEFs mandate to decide
on criteria for clustering. The EU supported the suggestion that
the GMEF address opportunities for synergy, stressing that
accountability would not be lost.
capacity building, technology transfer and
coordination: The working group also
considered the Presidents Proposals on capacity building,
technology transfer and country-level coordination for environment
and sustainable development, which stress, inter alia, that:
-
the ability of developing counties to
participate in international environmental policy and implement
environmental agreements must be strengthened;
-
capacity building and technical assistance are
important components of UNEPs work;
-
strategic partnerships could include a role
for UNEP, in collaboration with UNDP, in country-level delivery
capacity, and be built on capacity building, training and
national-level coordination; and
-
any strategic partnership between UNEP and the
GEF should be based on a strengthened role for UNEP as one of
the three GEF implementing agencies.
The EU recommended possibilities for
restructuring the section, including the insertion of a paragraph
on implementation in general, referring to measures such as
capacity building, technology transfer, coordination, innovative
partnerships, peer review, compliance and liability. Norway
stressed the need to address the gap between environmental
commitments and implementation, and assist developing countries
with implementation. He drew attention to its conference room
paper, which promotes an intergovernmental strategic plan that
includes capacity building as a key component. The G-77/China
emphasized that support for developing country implementation is
not always forthcoming, and expressed concern that the Presidents
Proposals do not refer to technology transfer, and reservations
about discussions on compliance, liability and enforcement.
ENHANCING COORDINATION AND THE ROLE OF THE EMG: Delegates
discussed the Presidents Proposals on the role of the EMG in
enhancing coordination across the UN system, which emphasize, inter
alia, that for the GMEF to develop into an umbrella policy
forum, it would require an instrument at the inter-agency level to
enhance policy coordination across the activities of the UN
system, and that the EMG could be such an instrument. It also
notes that the EMG provides the potential for mainstreaming the
environment in the UN system by acting as a counterpart to the UN
Development Group.
The G-77/China requested more information about
the EMG, particularly its membership and terms of reference, and
expressed unease at the prospect of the EMG mainstreaming the
environment into the UN system, as it could impose
conditionalities on developing countries. The EU supported the
Presidents text on this section and emphasized that the EMG
mandate will not be changed. The US said that the EMG does not
require an extended mandate and that it should concentrate on
working with MEAs to enhance information-sharing.
Following these discussions in the working
group, a number of participants continued in informal-informal
consultations into the early hours of Saturday morning.
WORKING GROUP ON FINANCING FOR UNEP
On Saturday morning, 1 December, Børge Brende,
Norwegian Minister of the Environment, convened a Working Group on
Financing for UNEP. They addressed the Presidents Proposals on
strengthening the role, authority and financial situation of UNEP,
which outline, inter alia, that:
-
UNEP is hampered by insufficient and
unpredictable resources;
-
an immediate solution to the funding of UNEP
is a necessary condition for strengthening the current IEG
system;
-
converting UNEP into a specialized agency may
be an option for consideration in the longer term; and
-
strong recommendations have been made for the
establishment of a negotiated or "agreed" non-binding
scale of assessments for the Environment Fund.
Chair Brende noted that UN General Assembly
Resolution 2997 (XXVII), which established UNEP, specifies that
UNEPs administrative costs should be borne by the regular
budget of the UN, although he emphasized that this is not the case
today.
Japan highlighted civil society and private
sector contributions as possible alternative sources of funding
for UNEP, and noted that in addition to strengthening the
financial base of UNEP, there is need to use existing resources
more efficiently. The EU stressed the need for robust financial
arrangements so that UNEP can play a central role in IEG. He
emphasized that funding should be pluri-annual, negotiated and
assessed, and supported the idea of private sector funding as a
complementary but not primary source of finance.
The G-77/China expressed concern with scaled
assessments, but supported multi-year pledges. Switzerland
supported a system of voluntary assessed contributions, noting
that voluntary contributions have worked for other MEAs. Indonesia
emphasized that such a system is unprecedented within the UN
system, and cautioned against any funding arrangement that would
place an additional burden on developing countries. Canada noted
that such a system would help Canada increase its funding for UNEP
and proposed a system of voluntary assessed contributions for
countries that are willing, and voluntary pledges for others. The
US noted: that multi-year pledges are difficult for the US; the
complexity of determining assessed amounts; and that a system of
voluntary assessed amounts would set a precedent within the UN
system.
Brazil noted that the UNFCCC receives ample
voluntary contributions because countries attach high importance
to the Convention. He advocated improved efficiency, highlighted
that there are funding mechanisms other than the Environment Fund
such as trust funds, and encouraged greater private sector
involvement. South Africa recommended examining the possibility of
expanding the capacity and expertise of UNEP. Sweden recommended
creativity in finding a formula for increasing predictable funding
based on voluntary assessed contributions for the Environment
Fund. Denmark noted that competence attracts funding.
Chair Brende concluded, highlighting: general
agreement on implementing UN General Assembly Resolution 2997
regarding contributions to UNEP from the regular UN budget; some
support for a system of voluntary assessed contributions, with
some reservations; and no strong opposition to multi-year pledges,
though some countries, including the US, may not be able to pledge
multi-annual contributions.
CLOSING PLENARY
Chair Anderson called the closing Plenary to
order late on Saturday afternoon, 1 December. He invited the
Chairs of the three working groups to report on progress.
WORKING GROUP I: Working
Group I Chair Roch reported on discussions and explained that the
Secretariat had worked overnight to produce a revised version of
the Presidents Proposals on improving policy coherence and on
the role and structure of the GMEF, following deliberations by the
working group on Friday evening. The resulting Chairs text, in
the form of non-paper, contained changes designed to avoid
misunderstanding around some language in the original text.
He noted that delegations had agreed to proceed
on the basis of the Chairs revised text and had offered
amendments, which were to be submitted in written form and
incorporated by President Anderson into a new document for
distribution, as proposals emerging from IGM-4.
Roch asked President Anderson to consider
tabling a document containing a synthesis of the consensus-based
proposals together with options on issues where a divergence of
opinion remains. Roch also asked the President to consider the
merit of convening a small group after IGM-4 to help reach
agreement on the Chairs revised text.
WORKING GROUP II: Chair
Miyingo summarized Working Group IIs discussions on improved
coordination and coherence between MEAs, capacity building,
technology transfer and country-level coordination, and the role
of the EMG. He noted that good progress had been made, and that a
revised Chairs text (UNEP/IGM/ 4/CRP.3), based on the Presidents
Proposals and the discussions of the working group had been
agreed.
The revised text differs from the original in
that it, inter alia,:
-
stresses that the authority and the autonomy
of the governing bodies of COPs and the accountability of their
secretariats to their respective governing bodies should be
taken into account;
-
substitutes the term "synergies" for
"clustering," noting that such synergies should be
promoted with the full agreement of the COPs and recommending
the initiation of pilot projects;
-
notes the benefits of taking a more
coordinated approach to scheduling of meetings; and
-
omits reference to the GMEF as a venue for
reviewing progress in addressing synergies.
On capacity building, technology transfer and
country-level coordination for the environmental pillar of
sustainable development, the revised Chairs text differs from
the original in that, inter alia: it stresses the need for
measures required at international, regional, and national levels
and the particular importance of strengthening ministries in
developing countries; and notes the proposal from Norway aimed at
promoting an inter-governmental strategic plan for implementation
through partnership between UNEP and other relevant bodies. On
enhanced coordination across the UN system and the role of the EMG,
the revised Chairs text differs from the Presidents Proposal
in that, inter alia, it: omits reference to decisions of
the GMEF being transmitted through the EMG to other
intergovernmental bodies within the UN system; notes that UNEP may
be invited to join the UN Development Group and omits text on the
EMG acting as a counterpart to the UN Development Group; and
indicates the need for the EMG to have a clearly defined reporting
relationship with the GMEF and the CSD.
WORKING GROUP ON FINANCE: Chair
Brende summarized the progress of the working group on
strengthening the role, authority, and financial situation of UNEP.
He noted general agreement that UN General Assembly Resolution
2997, on contributions to UNEP from the UN regular budget, must be
implemented. He stated that: some countries favored voluntary
assessed contributions while others expressed reservations;
mandatory assessed contributions are not perceived as realistic;
and a legal view regarding how voluntary assessed contributions
would impact the UN system is needed. He highlighted:
-
a lack of strong opposition to multi-year
pledges, although some countries may not adhere;
-
many delegations seek greater efficiency in
the use of UN funds;
-
a call for UNEP to provide financial and
strategic plans; and
-
the need for mobilizing resources to remain a
priority.
He concluded that further informal consultations
may be held in the near future.
CLOSING REMARKS: President
Anderson reminded participants that UNEP Governing Council
Decision 21/21 had established the IGM to strengthen IEG. He said
the IGM had been mandated to report to the next special session of
the GMEF GC, which will conduct an in-depth evaluation of IEG and
come to a decision to be conveyed to the WSSD preparatory process.
In light of progress made at IGM-4, Anderson
noted that a large number of interventions had contributed to a
refinement of the Presidents Proposals, and further written
submissions would also be incorporated, in consultation with the
Working Group Chairs. He undertook to continue with intersessional
consultations in the lead-up to the GMEF GC meeting in Cartagena
in February 2002 and report to the third PrepCom for the WSSD in
New York, in March. He said there would be an opportunity to
further benefit from the views of New York-based delegates and
would consult with the Bureau on arrangements for the next
meeting.
President Anderson said that he would make
information fully available to all delegations, and that
modalities for the IEG meeting in New York would be decided by the
Bureau of UNEPs Governing Council. He stressed the need for
decisions and processes to be in accordance with Governing Council
Decision 21/21.
The G-77/China, the EU and the US thanked the
Canadian hosts, President Anderson and the Secretariat. UNEP
Deputy Executive Director Donald Kaniaru, on behalf of UNEP
Executive Director Klaus Töpfer, thanked the delegations for
their commitment to the continuation of the IEG process and
thanked Canada for hosting the meeting.
President Anderson drew the IGM-4 meeting to a
close on Saturday, 1 December, at 6:00 pm.
A BRIEF ANALYSIS OF IGM-4
WHEN IS A NEGOTIATION NOT A NEGOTIATION?
The challenge for IGM-4 was to steer a somewhat
ambiguous path between a negotiation and a more limited exercise
designed to reach a general consensus on underlying principles for
international environmental governance "in broad terms."
The intention was to reach sufficient consensus by February so
that ministers could pick up the baton at the GMEF Governing
Council Special Session and agree on a clear and detailed decision
to be transferred to the WSSD preparatory process.
The character of the process has not always
contributed to clarity in deliberations. President Andersons
use of the "building blocks" document, in which he
attempted to capture the "emerging consensus" across the
IGM meetings, has irked some delegations more intent on clearly
identifying and resolving differences that still exist on core
issues, such as financing UNEP and the question of whether the
GMEFs future role is to remain within or go beyond its current
terms of reference.
While opportunism cannot be ruled out as the
motive for some claims that the output from IGM-3 in Algiers was
less than clear due to the nature of the Presidents
presentation of the "Proposals," the process
nevertheless contributed to unnecessary delays. More procedural
ambiguity crept into proceedings at close of play on Saturday when
the President parried questions from the floor about the
modalities of the next IEG meeting, scheduled to take place in New
York before the GMEF GC session. The New York meeting was planned
at an unprecedented joint meeting involving the Bureaux of the
UNEP Governing Council, the Committee of the Permanent
Representatives to UNEP and the CSD.
Expectations that negotiations might be brought
to a swift conclusion at IGM-4 proved unfounded, but some progress
was achieved in each of the working groups. In the group
addressing the role and structure of the GMEF, participants
reached agreement on using the Presidents Proposals as the
basis for negotiation and tabled proposals reflecting divergent
views on the level and scope of authority to be enjoyed by the
GMEF in any policy guidance role it may assume. This limited
success came about after some private confidence-building
approaches to the US delegation, which had initially resisted
getting involved in a detailed negotiation based on the Presidents
Proposals.
THE VISCIOUS CIRCLE OF FINANCE AND COMPETENCY
Both the President of the UNEP Governing Council
and the UNEP Executive Director have indicated that the issue of
financing UNEP will be a litmus test for the IEG process. The
Presidents Proposals claim that UNEPs role falls short of
expectations because it is hampered by insufficient resources and,
as a consequence, the document stresses the necessity of finding
an immediate solution to UNEPs funding problem. In the Working
Group on Finance, participants discussed various options for
increasing UNEPs financial base. A number of participants
highlighted that some of the responsibility for UNEPs financial
situation lies with UNEP itself, suggesting that increased
competency would attract the kind of stable funding that UNEP
badly needs. On the other hand, it is likely that UNEP would be
able to meet expectations if it received adequate funding,
beginning with the UN living up to its commitment to bear UNEPs
full administrative costs.
CONCLUSION
President Andersons use of the "building
blocks" document to distill proposals from the IGM meetings
has contributed to a delay in opportunities for some participants
to engage fully and effectively around the points of disagreement
over some key issues. Much now remains to be distilled, agreed and
negotiated prior to the next meeting. It is a measure of the
ambiguity that has surrounded the process that some mystery
remains regarding the timing, modalities and scope of that
meeting, which is scheduled to take place in New York.
Some were frustrated with the procedural
confusion, and others were dissatisfied with the tentative
character and lack of detail in discussions on broad conceptual
issues at this late stage in the IEG process. It is worth
recalling that the IEG process is remarkably ambitious. After the
explosive growth of environmental agreements in the last thirty
years, the move to consolidate global environmental governance is
part of an unprecedented transformation in a traditionally
anarchic international system. Only when minds and interests are
focused by the next stage of the IEG process, during the latter
preparations for the WSSD and in Johannesburg itself, will it be
clear how much political capital is to be invested in change.
THINGS TO LOOK FOR BEFORE THE
WORLD SUMMIT ON SUSTAINABLE DEVELOPMENT
2001 BERLIN CONFERENCE ON THE HUMAN DIMENSIONS
OF GLOBAL ENVIRONMENTAL CHANGE: This
conference will be held from 7-8 December 2001, in Berlin,
Germany. Entitled "Global Environmental Change and the Nation
State," the conference will examine the interlinkages between
global and national environmental politics, and look at new forms
of global environmental governance that link global institutions
with a significant degree of national decision-making. For more
information, contact: Frank Biermann, Chair, Environmental Policy
and Global Change Working Group of the German Political Science
Association; tel: +49-331-2882572; fax: +49-331-2882600; e-mail: biermann@pik-potsdam.de; Internet:
http://www.fu-berlin.de/ffu/akumwelt/bc2001/index.htm
FIFTH MEETING OF THE OPEN-ENDED
INTERGOVERNMENTAL GROUP OF MINISTERS OR THEIR REPRESENTATIVES ON
INTERNATIONAL ENVIRONMENTAL GOVERNANCE: The
dates, modalities and scope of the next meeting of the IGM is
still to be determined, although the meeting has been tentatively
set to take place in New York in January 2002. For more
information, contact: Bakary Kante, Director, Division of Policy
Development and Law, UNEP; tel: +254-2-624-065; fax:
+254-2-624-324; 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.
GLOBAL MINISTERIAL ENVIRONMENT FORUM/ 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 future requirements of IEG and transmit
the outcome to the WSSD preparatory process. For more information,
contact: Bakary Kante, Director, Division of Policy Development
and Law, UNEP; tel: +254-2-624-065; fax: +254-2-624-324; e-mail: bakary.kante@unep.org;
Internet: http://www.unep.org/IEG
INTERNATIONAL CONFERENCE ON FINANCING FOR
DEVELOPMENT: The UN International
Conference on Financing for Development will be held from 18-22
March 2002, in Monterrey, Mexico. It will bring together
high-level representatives from governments, the UN, and other
leading international trade, finance and development-related
organizations. For more information, contact: Harris Gleckman,
Financing for Development Coordinating Secretariat; tel:
+1-212-963-4690; fax: +1-212-963-0443; e-mail: gleckman@un.org;
Internet: http://www.un.org/esa/ffd
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 or Zehra Aydin-Sipos, DESA (see above).
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
Jakarta, 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. For more information, contact: Andrey Vasilyev or Zehra
Aydin-Sipos, DESA (see above).
2002 WORLD SUMMIT ON SUSTAINABLE DEVELOPMENT: The
2002 World Summit on Sustainable Development is scheduled to take
place in Johannesburg, South Africa, from 2-11 September 2002. For
more information, contact: Andrey Vasilyev or Zehra Aydin-Sipos,
DESA (see above).
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