Tag: SBI

When the Rubber Hits the Road, Will Civil Society be Left Behind?

Last week, ECO wondered if Parties would “walk the walk” on supporting civil society participation. The full-day workshop included many nice words and sentiments, but ECO has heard a lot of those and is rather interested in whether those words would be followed up with action.

Now the rubber is hitting the road in the SBI Contact Group discussions. Unfortunately, to ECO’s dismay, the answer remains unclear.

In yesterday’s SBI Contact Group, Saudi Arabia came out strongly against enhancing civil society participation. While appalling, this is perhaps not unexpected, given how much Saudi Arabia has to hide when it comes to their own climate policies.  But Saudi Arabia was not alone in rejecting improvements on transparency and participation.

They were supported by India as well as Antigua and Barbuda on at least some of the issues. These three countries opposed language to encourage more informal consultations to be open to observers – and ECO noted that they were the only ones to oppose.

ECO is forced to wonder, what are Saudi Arabia, India, Antigua and Barbuda hiding?  Well, we know what Saudi Arabia is up to, but why would India, Antigua and Barbuda want to shut civil society out?

The SBI Chair’s draft text provided a solid foundation for enhanced civil society participation and transparency and ECO was pleased to hear Australia, the European Union, Colombia, Mexico, and Bolivia all emphasize the need for transparency and the productive role of civil society organizations, and brought some common sense to the matter. 

Civil society wants to support countries in their collective efforts to save “Mother Earth” from climate change, if only parties would create the space for their support.

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Getting to Know the MRV

ECO was excited that Parties started to discuss the more technical aspects of MRV. Has someone finally noticed our cries for progress? Of course, ECO is dismayed that except for some older agenda items in the SBI, none of these meetings have been open. The discussions around biennial reporting, IAR, and ICA (you know, the alphabet soup…) have been about as transparent as a brick wall. We might agree that MRV is a geeky exercise, but that doesn’t make it any less important. That said, ECO requests that certain developed-country Parties do not use MRV to impede progress on core issues.

On MRV itself, ECO has a lot of ideas – we’ve spent time getting up to speed on technical issues and attending side events while we were locked out of the negotiations. While Durban may be too soon to figure out the entire MRV system, there are some baby steps that can be taken. In no particular order, they are:

1. Guidelines for Biennial Reporting– We’ve heard that there’s some confusion on this point. For now, ECO will say that whether it is a developed-country biennial report or a developing country biennial update report (based on national circumstances), guidelines still need to be agreed. Separate guidelines, mind you – but in both cases an enhancement over the current ones, which are well overdue for revision. Developed countries, this does mean you actually have to step up and provide adequate support, not only for domestic systems, but also for the actual reports! And while we’re on the subject of support, let’s not forget the need for delivering and reporting on support obligations (CRF anyone?)

2. Accounting– First, the KP rules! KP Parties must commit to a second commitment period and follow the MRV rules contained there. Developments in the LCA should complement, and in no way replace, these rules. Indeed, it would be great if the KP rules we know and love are strengthened in the KP track. Oh, and for the one remaining non-KP developed- country Party (we haven't forgotten about you), you really need to agree to common rules.

3. IAR/ICA– Here, we ask that if you can’t take a baby step, then at the very least crawl. An outline of the scope and functions needs consideration in tandem with the reporting discussions. Again, this should complement and not replace the verification and compliance processes for KP Parties.

4. Take a leaf out of the REDD+ negotiators’ books– the REDD+ discussions in the LCA and SBSTA have been open for the most part. Also, some of it actually dealt with accounting and reporting on REDD+ activities and the information-sharing system for safeguards! While you discuss the value of openness with your REDD+ colleagues, you may also want to touch on how the REDD+ monitoring system and the information-sharing system for safeguards fit into the overall MRV framework. (Hint: Consider putting on your biennial reporting caps.)

ECO welcomes some serious technical thinking on these points. Maybe some technical workshops or expert meetings are in order? This would certainly be money well spent. We ask that you keep this in mind as you finalize plans for the next few months.

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First Week Wrap Up

ECO is pleased that parties finally managed to agree on agendas last week. (Imagine how much quicker it could have been if agenda discussions were held transparently in plenary, as opposed to shenanigans occurring behind closed doors). This week Parties must make up for lost time – and convince everyone that another intersessional would be productive.  After all, there is much work to be done between now and December so that Durban can successfully lay the basis for a fair, ambitious, and binding global climate change regime.

Essential to Durban’s success is securing a second commitment period of the Kyoto Protocol.  Intrinsically linked is the binding outcome under the LCA, where Parties now need to discuss the substantive issues. Our ultimate objective must be a legally binding architecture, which is fair and ambitious.

Last week, the list of issues under shared vision began to resemble a bag of assorted cookies.  ECO suggests focusing on the agreed global goal with peak year, and only including issues essential for these discussions – such as effort sharing.  Agreement of a mid-term goal of -80% by 2050 and a 2015 peak year for emissions must be the aim.

On mitigation, some issues may look technical but are in reality political. This week ECO suggests focusing on the following three areas required to address the gigatonne gap: (i) clarifying assumptions; (ii) closing loopholes; and (iii) preparing to move beyond the high end of the current pledges by Durban. ECO assumes parties remain serious in their commitment to 1.5/2°C – you are aren’t you?

This week also offers opportunities for LULUCF.  The re-analysis of this issue as a significant loophole in the mitigation workshops could allow Annex I land and forests to contribute to genuine emissions reductions.  And technical discussions on force majeure provisions for forests could genuinely reflect extraordinary circumstances.  Or, if Annex I parties are up to their usual tricks, could this be yet another way to avoid accounting for emissions?

Parties should also take the opportunity to draft a CDM appeals procedure to grant affected communities and peoples access to justice.  And this week parties should move closer to  a  decision

to address climate forcing HFC in cooperation with the Montreal Protocol and exclude all new HCHC-22 facilities from the CDM.

The two groups on REDD+ (in the LCA and in SBSTA) got off to a good start last week. In this second week, ECO anticipates significant progress on both reference levels and information on safeguards, hopefully followed by expert meetings prior to Durban.

Adaptation negotiators should press ahead on substance to make the Cancún Adaptation Framework operational in Durban.  Parties should strengthen the role of the Adaptation Committee to promote coherence in adaptation, and to ensure meaningful stakeholder participation in its operations.  Furthermore, this week must see parties launch the activities of the work programme on loss and damage.

With the end of the fast start finance period only one year after Durban and no indication of how rapidly public finance will be scaled up from the $10 billion per year currently committed, parties need to start discussions here in Bonn on effort sharing, scaling up finance, and on new innovative public sources such as raising finance from international transport.  For this to happen, the US and its Umbrella Group allies need to stop blocking the discussion of sources and scale of long-term finance.

ECO has two requests for technology negotiators over the next week. First, fill up the nominations of the Technology Executive Committee. Secondly, decide on the terms of reference and likely locations of the Climate Technology Centre and Networks to maintain balance of adaptation and mitigation technology.

Among other issues that should be addressed, Parties need to deal with technical issues. ECO is waiting eagerly for some technical workshops and expert meetings. In the coming months, technical experts should make progress on technical issues such as biennial reports, reporting on support, IAR/ICA, REDD safeguards, etc.  These discussions must feed into the negotiating process.

Given the uncertainty over whether another intersessional will take place, the next five days will determine whether Parties will be able to secure an effective and balanced outcome of COP 17 in Durban. Parties should make the best use of this time and ensure both political and technical issues get addressed.

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Oh Aarhus Wherefore Art Thou?

Apparently, Parties didn’t get the message from ECO’s “CDM ‘Appeal’ for Justice” on Saturday. In an SBI informal, where Parties discussed the CDM appeals procedure, ECO is reliably informed that China pressed to shut stakeholders out of the discussions. ECO is now calling on Parties to stand strong and support our call for justice: project-affected peoples, communities and their civil society representatives must have the right to appeal CDM Executive Board decisions. Will someone please throw us a lifeline?

The European Union has indicated that it will consider saving this drowning child by “exploring” the expansion of the right of appeal to “those who have a right to be consulted during the local stakeholder consultation process.” This statement alarms ECO. This discussion is not about harmonizing rules for the bendiness of bananas but about public participation in decision-making and access to justice in environmental matters. This implicates its obligations under the Aarhus Convention, which is legally binding on 44 Parties to the UNFCCC, including the European Union.  The Convention links environmental with human rights and gives Parties obligations regarding access to information, public participation and access to justice. If the European Union is serious about its pledge for government accountability and environmental protection, it will need to reconsider whether “exploring” is enough to save this drowning child called justice

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The Adaptation Committee: A Direct Link to the COP is Crucial!

Good news, everybody! ECO is pleased to see that negotiations on the Adaptation Committee have started and that there are a number of convergences. Important elements for its procedures will be broad expertise, openness to observers, and a clear mandate to strengthen adaptation under the Convention. ECO also suggests that non- governmental stakeholders should be members to the Committee to harness their expertise.

In ECO ́s view, making the Adaptation Committee the driver for more coherence on adaptation under the Convention and for raising the profile of the issue will require direct reporting to the COP (with no detour through the SBs), which some developed countries question. There are good arguments for a direct link. Regarding effectiveness and efficiency, direct reporting of the Committee to the COP is one less loop to go through, than if it reports to SBI/ SBSTA and then subsequently to the COP. But there are also legal arguments. According to article 7.2(i) of the Convention, the COP can establish subsidiary bodies where deemed necessary, in addition to the SBI and SBSTA, which were created by the Convention itself. It has been done so in the past, when inter alia the LEG, the CGE and the EGTT were created, but without automatic hierarchy under SBI/SBSTA. The COP established the Adaptation Committee through the Cancún decision, so it can be regarded as another subsidiary body according to Art. 7.2(i). In terms of the LEG, the founding decision stipulates explicitly that it would report to SBI and SBSTA, but the Cancún decision on the Committee, on contrary, does not even mention the SBI or SBSTA. Since the Committee has been founded by a COP decision, reporting to the COP is the logical step to take. Another argument is that some of its provisions ask it to directly provide information for consideration by the COP. Taking these together, ECO is strongly convinced that the correct decision on this is clear, and will be taken in order to not be an obstacle in operationalising the Adaptation Committee in Durban.

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