Tag: mandate

Taking Leadership

The legal options discussion has come up with at least one that ECO approves. Option 1 decides to develop a Protocol or other legally binding instrument under the Convention based on the Bali Action Plan and the Cancun Agreements, with negotiations starting in 2012 and in place by 2015. Excellent!

However, the rumour is that the US, India and China have opposed it. ECO shares India and China’s love of the Kyoto Protocol and their devotion to a second commitment period, but is dismayed by the potential rejection of the lovely Option 1.

ECO has long considered itself soulmates with India and China – based on mutual deep respect for a rules-based system with common but differentiated responsibilities and respective capabilities. If those Parties are really serious about a binding second commitment period they should also constructively engage to ensure a mandate at Durban that will build on the second commitment period.

Rather than taking a rigid stance in the legal group, India and China should move in line with the press comments they have made stating they are receptive to new ideas and looking at solutions with an open mind.

Of course, responsibilities should be based on equity and CBDR+RC as embedded in the Convention. Rather than being a basis for obstructing progress, however, this should be the basis to work towards a legal outcome. It is imperative that all Parties should extend their views beyond the short term for the sake of the planet.

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Taking the High Road to a Mandate

ECO has long insisted it is necessary to agree a second commitment period of the Kyoto Protocol. All developed countries under the KP should ratify their new 5-year QEROs (quantified emission reduction obligations), base year 1990, having a level of ambition consistent with a fair share towards their agreed 2º C goal. Yet it is clear that the multilateral system will need to evolve through time toward becoming a truly adequate, fair, legally binding global agreement.

The essential complement in Durban will be extension and clarification of the mandate of the AWG-LCA for a comprehensive legally binding agreement as the agreed outcome. This mandate must enhance implementation of the Convention, not overhaul it, building explicitly on and fully respecting its principles so that Parties do indeed, in a fair framework, fulfill the promise of the ultimate objective of the Convention: “stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system”.

This mandate at a minimum must include:

(1) The result of the negotiations, specifying that Parties are building on and moving beyond the Bali Action Plan’s “agreed outcome”, showing that the world is prepared to affirm and act on the ultimate objective of the Convention by working towards a legally binding instrument with legally binding commitments.

(2) Reaffirmation and full respect of the principles of the Convention to guide the negotiations, which must include equity and common but differentiated responsibilities and respective capabilities, as well as environmental integrity and adequacy

(3) End date. ECO repudiates the calls from some Parties that negotiations should begin in 2015. Much needs to be done to develop essential elements of finance, adaptation, technology and of course mitigation going forward towards the legal agreement. Negotiations are not yet guided by a timeline or clear agreed goal. Agreement reached in 2015 would allow time not only to build a framework analogous to the Kyoto Protocol, but that span of time would allow more effective development of content closer to that achieved over the four years of negotiations between the adoption of the Kyoto Protocol and the Marrakesh Accords. And entry into force in 2018 would allow a more rapid response to new science.

(4) The scope, building on the Bali Action Plan, Cancun Agreement, and the Kyoto Protocol acquis.

(5) The process to fulfill the mandate.

ECO expects the Chair to address these principles in the draft legal decision text to come out of Friday’s ‘informal informal’ under the ‘principles’ bullet.

Ambition can and must be ratcheted up massively, in particular by developed countries, to jointly achieve real emissions reductions of at least 40% by 2020. A legally binding instrument under the AWG-LCA is needed to secure full participation by the US, which has repudiated the KP, the only existing international legally binding instrument to reduce emissions and ensure that responsibilities for  technology and financing support for developing countries are made legally binding.

The mandate will also show that all Parties are taking action under common rules and guidelines that can showcase successes. The world must respond in a clear and unambiguous way to the urgency from the IPCC Fifth Assessment Report (AR5). A mandate is needed here in Durban to provide a common framework for these principles and dramatically scaled up response to our climate crisis.

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2020: Too Late to Wait

In Durban, we are at a crucial turning point in addressing climate change. Governments will choose either to delay progress or recognize that meaningful action is needed now. The world  is dangerously close to passing the threshold for runaway climate  change. Delaying the negotiation of a global binding deal to 2020 will condemn people worldwide to suffering accelerating and uncontrollable effects of climate change for generations to come.

COP 17 has the potential to be a catalyst for positive change on a global scale. Parties should be laser-focused on addressing the climate crisis and creating the sustainable energy future that will benefit us all. The world needs a successful climate deal more urgently than ever. If a less than positive outcome is achieved in Durban, we risk losing the multilateral process that has kept alive our hope for a sustainable future. The science is compelling, the economics make sense, so why are countries holding back from achieving the progress the world so badly needs?

Success in Durban will come from forging a meaningful way forward on climate change action based on science and recognition that time is running out. The most positive outcome in Durban includes agreeing a second commitment period of the Kyoto Protocol, securing a mandate to negotiate a legally binding instrument under the LCA to be adopted no later than 2015, and implementation of the Cancun Agreements. 

EU leadership is absolutely crucial. The EU holds the key to the Durban outcome.  If the EU  does not come to Durban with the clear goal of adopting a second commitment period – and not some fuzzy “political commitment” – the Kyoto Protocol will wither and die.

United States has failed to fulfill its responsibility to the rest of the world on climate change. There are low expectations that the US will do its fair share in the near future.  But the targets the US has put forward are much lower than others, including the EU, and the US has not put a finance offer on the table that is in line with its responsibilities. ECO would like the US to show leadership.  But if it can’t or won’t, the US needs to get out of the way so that other countries can move forward.  The US should let the rest of the world move ahead with building a climate regime that will facilitate a shift to green economic growth, and join when its own political situation is more forward-looking.  Blocking won’t lead to the US getting its preconditions met, it will instead lead to acrimony and finger pointing.

ECO agrees with China in forcefully advocating for a second  commitment period of the Kyoto Protocol and higher ambition from developed countries.  However, as the largest emitter in the world today. China’s actions at home make it clear it is aware of this responsibility and is willing to act on it. China should match that progress within the international negotiations by agreeing to work toward a comprehensive, legally binding and ambitious agreement to be concluded in 2015 and can be implemented by 2018 at the latest.

Congratulations Australia on getting your carbon price legislation through Parliament.  It was truly an achievement.  But Australia must not rest on its laurels, and has an important role to play in preserving the Kyoto Protocol, so as to provide the basis for a more comprehensive regime in the future.  Australia also has a crucial role to play in bringing together parties to ensure that a comprehensive regime is agreed as soon as possible – and should push for a mandate that ends in 2015 and maps out a clear pathway for  implementation by 2018 at the  latest.  As the most vulnerable developed country, Australia has the most to gain on a successful outcome in Durban.

Ukraine should move closer to the progressive countries in the EU by not only agreeing to a second commitment period of the KP, but also increasing its target to a more ambitious level relative to its business as usual emissions (forecast to be 54% below 1990 levels by 2020), showing flexibility on its ‘hot air’ and ensuring that carry-over AAUs are minimized.

India aims to be a global champion of the poor and vulnerable by working constructively in the multilateral environment. ECO agrees with India’s equity based approach and its demand for operationalisation, starting with its strong demand for second commitment period. But India needs to be more pragmatic on the issue of legally binding outcome under the LCA for a comprehensive future climate regime that protects the rights of poor communities and countries. 

Japan, Russia and Canada.  ECO joins many in worrying about the direction being taken by Japan, Russia and Canada.  As three heavily climate-affected countries, they should agree to a second commitment period of the Kyoto Protocol since they haven’t offered any effective alternatives.

South Africa / COP Presidency.  There is wide appreciation for South Africa’s open and transparent approach in the run-up to Durban.  Now is the time to move out of pure ‘listening mode’.  In its Presidency, South Africa should keep focus squarely on open and transparent exchange that drives the negotiations to a positive conclusion, whilst its national delegation champions the positions of the Africa Group and particularly the interests of the poor.  ECO appreciates the scope of the work ahead and has confidence that South Africa can achieve its broad and ambitious goals in Durba

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The Mandate

Yesterday, ECO noted that there are three groups of countries in the legal form negotiations that each need to bring proposals to the table at Durban: the KP developed countries, the non-KP Annex I Parties and the developing countries.

ALL the developed countries that have ratified their Annex B targets for the first commitment period should have their targets ready to plug and play for CP2. The non-KP Annex I Party[s] need to increase their ambition, be part of a common accounting system and MRV to bring forward the established KP systems - how else would the Bali Action Plan’s agreed ‘comparability’ be achieved?

Many are suggesting that we are facing a transitional period, where the second commitment period of the Kyoto Protocol keeps alive an architecture that, through Article 3.1 and other elements, keeps a science-based approach at the core of the global response to the climate threat. Through this post-2012 period, the elements of a new comprehensive legally-binding agreement[s] needs to be developed. In ECO’s view, this agreement needs to be in the form of a Protocol[s], or other such appropriate legal instrument, that respects the principle of common but differentiated responsibilities and respective capabilities.

However, we will not attain comprehensive legally-binding agreement[s] equal to the challenge we face unless Parties find common cause that such an agreement is needed. In ECO’s view, in addition to KP Parties agreeing a second commitment period in Durban, all Parties must agree on a mandate to negotiate a legally binding instrument covering all Bali building blocks under the LCA. This mandate needs, at a minimum, to agree:

-   what the result of the negotiations will be, specifying that Parties are working towards a legally binding instrument with legally binding commitments

-   the end date (ECO would suggest 2015 would allow time for institution building and for experience of MRV to bze enhanced)

-     the scope

-     the process, including forum

-     principles to guide the negotiations

Without a mandate for the third period of the climate regime, we will again face a gap – between commitments, but also in ambition, and the resulting sense of the world moving forward together to avoid the worst that an human-altered atmosphere can throw at us.

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Panama: Progress or Paralysis?

Durban is shaping up as a critical moment in the 20-year history of the climate regime.  The world can either build on what has been created in the Kyoto Protocol, raise the level of ambition as demanded by the science, and provide sufficient finance to meet developing countries’ needs for adaptation, mitigation, and REDD. Or it risks relegating the UNFCCC to a side show with little legitimacy to meaningfully address the climate crisis.

Let’s review what’s needed to avoid a train wreck in Durban:

Mitigation:In the Cancun Agreements, developed countries accepted that their aggregate level of ambition should be in the range of 25-40%.  Even while this range does not guarantee that global temperature rise will stay below 2 degrees Celsius, current developed country emission reduction pledges will result in reductions of only 12-18% going down to ~2% if currently existing and proposed loopholes are taken into account.  ECO suggests four critical elements in the Durban mitigation package for developed countries:: clarify what the net emissions would be based on current pledges and assumptions; close the loopholes;  move to the high end of current pledges; and agree on a process to increase ambition beyond 40%, for adoption at COP18/CMP8.

Panama can and must reach agreements on closing the loopholes.  The recent Review of proposals on forest management under LULUCF clarifies the size of the forestry loophole.  Now, Parties must adopt forest management reference levels that are comparable and that don’t significantly undermine Annex I Party targets. Overall, LULUCF rules should encourage Parties to achieve ambitious mitigation from land and forests.  On carry-forward of AAUs, Parties must eliminate the risk of “hot air” undermining the environmental integrity of future reduction commitments.

Kyoto Protocol: As acknowledged by both Executive Secretary Figueres and incoming COP President Nkoana-Mashabane, the future of the Kyoto Protocol will be decided at Durban.  While some developed country Parties would prefer to overlook the KP or at best, make a second commitment period conditional on what happens in the LCA over the next four years, it is  essential that in Durban, we cement a second commitment period of the KP.  The alternative – a pledge and review world – just won’t cut it.

Convention mandate: Given the urgency of the climate catastrophe unfolding daily before our eyes, nothing less than the greatest level of commitment is needed from all parties.  Therefore, in addition to preserving the Kyoto Protocol, Durban must agree that by 2015 at the latest, the commitments and actions of all Parties should be inscribed in legally binding instrument[s], whilst fully respecting the principles of the Convention.

Finance:The last session on finance in Bonn was dominated by discussions on the Standing Committee.  Negotiations need to also focus on the critical issue of where the money is going to come from.  Urgent attention on scaling up sources of climate finance from 2013 to 2020 is needed.  In addition to expanding direct finance from national treasuries, Parties should commit to raise significant revenue for the Green Climate Fund from innovative sources, implemented in a way that has no net incidence for poor countries.  Progress on a mechanism to levy bunker fuels would be an especially noteworthy achievement here in Panama, which licenses so much of the world’s shipping.

Technology: CAN urges Parties to decide here in Panama on the criteria for the Climate Technology Center host, so that the Center and Network can be operationalized in 2012 as envisioned in the Cancun Agreement.

Adaptation: Parties aren’t far away from a good decision text on the Adaptation Committee.  Here in Panama, they should agree on the composition of the Committee with equitable representation, direct reporting to the COP, and linkages to other institutions, particularly on finance and technology.

Capacity Building: Parties should work with the Facilitator's notes and his new and highly comprehensive background paper to begin drafting text for a Durban decision. This paper should focus on the vital question of how to design effective and comprehensive co-ordination of new, additional and scaled-up capacity-building within the emerging new architectures for finance, technology, adaptation, MRV and mechanisms.

MRV: Parties should build on the MRV architecture agreed in Cancun by moving forward on common accounting rules for emission reduction targets and an enhanced common reporting format on finance. Parties should also adopt guidelines on the content, timing and structure of biennial reports, and agree procedures for strong International Assessment and Review (IAR) for developed countries and International Consultation and Analysis (ICA) for developing countries.  

On all these fronts, Parties need to agree here in Panama what text they will work from – and begin to constructively work on that text.  It’s time for all Parties to show they are serious about the UNFCCC, and serious about their commitment to prevent catastrophic climate change; small steps won’t cut it.

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