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Bonn
climate talks settle procedure on new negotiating draft
After
much wrangling, the Bonn climate talks finally resolved differences
on whether a new draft negotiation text should be prepared for the next
session and, if so, on what basis. Meena Raman reports.
AFTER
an intense session that ended close to midnight on the last day of the
Bonn
climate talks on 11 April, Parties agreed to invite the Chair of the
Ad Hoc Working Group on Long-term Cooperative Action (AWG-LCA) to prepare,
under her own responsibility, a text to facilitate negotiations among
Parties for its next session in June.
Differing
views
Following
the opening of the ninth session of the AWG-LCA in Bonn
on 9 April, there had been differences among Parties on whether a new
draft negotiation text should be prepared for the forthcoming session
of the AWG-LCA and, if so, on what basis. While all the developed countries
and some developing countries were in favour of the Chair of the working
group drafting a new text for negotiations for its next session, many
developing countries were opposed to this proposal, as they wanted a
round of discussions first on the draft of the previous AWG-LCA Chair
(Michael Zammit Cutajar) that had been adopted in Copenhagen.
On
the other hand, developed countries led by the United
States wanted the Chair to do a new
draft that takes account of both the Copenhagen Accord and the AWG-LCA
text. Many developing countries had objected to this, as the Accord
does not have legal status in the UNFCCC, unlike the AWG-LCA text that
had been adopted by the Conference of Parties.
(The
Accord, arising from a meeting of 25 political leaders, was not adopted
by the COP but was only taken note of.)
The
session on 11 April was considering draft conclusions proposed by the
Chair of the AWG-LCA, Margaret Mukahanana Sangarwe of Zimbabwe,
for adoption on the organisation and methods of work in 2010.
The
Chair had, on the previous day, proposed the adoption of the following
conclusion in relation to the negotiating text:
'The
AWG-LCA invited its Chair to facilitate negotiations among Parties by
preparing, under her own responsibility, texts for consideration by
Parties. The first of such texts should be made available two weeks
in advance of the tenth session of the AWG-LCA; draw on the report of
the AWG-LCA presented to the COP at its fifteenth session, as well as
work undertaken by the COP on the basis of that report; and take into
account decisions taken by the COP at its fifteenth session as well
as views expressed by Parties at this session of the AWG-LCA.'
Several
developing countries had concerns with the words 'and take into account
decisions taken by the COP at its fifteenth session as well as views
expressed by Parties at this session of the AWG-LCA', which they felt
was a way for the Copenhagen Accord to be taken into account.
Following
interventions from Parties, the Chair of the AWG-LCA proposed the following
language in paragraph 5 to be considered by Parties on the final day
of its meeting on 11 April (which commenced only at around 7 pm when
it was scheduled to begin at 11.30 am):
'The
AWG-LCA invited its Chair to prepare, under her own responsibility,
a text to facilitate negotiations among Parties, drawing on the report
of the AWG-LCA presented to the COP at its fifteenth session, as well
as work undertaken by the COP on the basis of that report, and to make
it available two weeks in advance of the tenth session of the AWG-LCA.'
G77
and China
proposal
Bernarditas
Muller, Coordinator of the developing-country Group of 77 (G77) and
China in the AWG-LCA, said the group
wanted a small amendment to include a footnote to reflect the correct
citation of the document referred to as the report of the AWG-LCA presented
to the COP.
The
Group also proposed a new paragraph 5 bis as follows:
'The
AWG-LCA invites Parties to make submissions on additional views at
the latest by 26 April 2010 which the Chair may draw upon in preparation
of her draft text for consideration of Parties at the June session.'
Saudi Arabia elaborated why the G77 and China presented the paragraph. It
said that it was to show that the Copenhagen Accord does not have legal
status. It said that whoever wants to include (the Accord) in the negotiating
text can do that in the form of submissions which the Chair can take
into consideration. Otherwise, it would be understood that all documents
have the same legal basis, which is not the case. The Accord was only
taken note of. Nobody can prevent any Party from submitting the whole
or parts of the Accord to be included (in the text). This was the reason
for the additional paragraph, it explained.
In
response, Jonathan Pershing of the United
States said he was upset with the process.
He said that Parties spent time to find middle ground but it appeared
to be 'quicksand'. He said that there were a great number of Parties
in the G77 who had associated with the Accord and felt differently.
This notion that (the Accord) cannot be drawn upon is not acceptable,
said the US.
Russia
said that it was willing to accept the G77 proposal if its proposal
for the Chair to also 'take into account decisions adopted by the COP'
was also accepted. The Russian proposal was also supported by the US
and the European Union.
Different
levels of understandings
Muller,
speaking for the G77 and China,
in response said that the proposal it made (regarding the addition of
a new paragraph 5 bis) was to recognise that there were different levels
of understandings (as regards the documents to be drawn on for the negotiating
text). The report of the AWG-LCA (including the annexes) was fully negotiated
in an open and transparent manner. Work undertaken by the COP on the
basis of that report during the last week in Copenhagen
had not been negotiated. Other Parties may wish to put in 'whatever'
was not openly negotiated (in an apparent reference to the Accord) and
that was why the proposal was being offered. The (Russian) proposal
was not acceptable to the Group, said Muller.
She
explained further that the Group had tried to exercise utmost flexibility
to come to an agreement that was difficult and was carefully calibrated.
Following
further exchanges, the Chair Margaret Sangarwe proposed that the meeting
would have an understanding that 'work undertaken by the COP on the
basis of that report' (the AWG-LCA report) covers all work undertaken
by the COP and asked Russia
to consider this.
(This
'understanding' would not be in the text of the conclusions of the meeting.)
Russia then accepted the compromise
based on this understanding announced by the Chair.
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Conclusions
on organisation and methods of work in 2010 adopted by the AWG-LCA
at its ninth session
1.
The Ad Hoc Working Group on Long-term Cooperative Action
under the Convention (AWG-LCA) recalled its mandate in decision
1/CP.13 (Bali Action Plan) to enable the full, effective and sustained
implementation of the Convention through long-term cooperative
action.
2.
The AWG-LCA further recalled decision 1/CP.15 that extended
the mandate of the AWG-LCA with a view to presenting the outcome
of its work to the Conference of the Parties (COP) for adoption
at its sixteenth session.
3.
The AWG-LCA took note of the views expressed by Parties
in their submissions and in statements made during the plenary
meetings of this session.
4.
The AWG-LCA invited its Chair to prepare, under her own
responsibility, a text to facilitate negotiations among Parties,
drawing on the report of the AWG-LCA presented to the COP at its
fifteenth session, as well as work undertaken by the COP on the
basis of that report, and to make this text available two weeks
in advance of the tenth session of the AWG-LCA.
5.
The AWG-LCA invited Parties to make submissions containing
additional views, by 26 April at the latest, which the Chair may
draw upon in the preparation of her draft text for consideration
by Parties at its tenth session.
6.
The AWG-LCA invited its Chair to propose, through her scenario
notes, an indicative roadmap, and invited Parties to submit to
the secretariat, by 4 May 2010, their views on this matter.
7.
The AWG-LCA agreed that its tenth session would be held
in conjunction with the thirty-second sessions of the Subsidiary
Body for Implementation (SBI) and the Subsidiary Body for Scientific
and Technological Advice (SBSTA), as well as to hold its thirteenth
session in conjunction with the sixteenth session of the COP for
as long as necessary. The AWG-LCA further agreed that its sessions
would be held in conjunction with those of the Ad Hoc Working
Group on Further Commitments for Annex I Parties under the Kyoto
Protocol.
8.
The AWG-LCA agreed that in order to conclude its work it
would need to hold two sessions between its tenth session and
the sixteenth session of the COP, of a duration of at least one
week each, while ensuring sufficient negotiating time as well
as allowing sufficient time between sessions to enable Parties
to consult and prepare in order to enable the AWG-LCA to continue
its work with a view to presenting the outcome of its work to
the COP for adoption at its sixteenth session. The AWG-LCA requested
the secretariat to make the necessary arrangements.
9.
The AWG-LCA took note of a proposal for the SBI to consider
the option that a high-level session be held between the thirty-second
sessions of the SBI and the SBSTA and the sixteenth session of
the COP to provide guidance.
10.
The AWG-LCA invited Parties in a position to do so to offer,
as soon as possible, to host such sessions.
11.
The AWG-LCA expressed appreciation for the contributions
received from Parties for the work of the AWG-LCA and strongly
urged Parties in a position to do so to provide contributions
to the Trust Fund for Participation in the UNFCCC Process and
the Trust Fund for Supplementary Activities in order to ensure
the widest possible participation in the negotiations, aimed at
funding two delegates from each eligible Party and a third delegate
from the least developed countries and small island developing
States.
12.
The AWG-LCA acknowledged that financial contributions or
firm pledges should preferably be made by 26 April 2010 for its
eleventh session and by 9 June 2010 for its twelfth and subsequent
sessions, to allow the secretariat to make the necessary arrangements.
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*Third World Resurgence
No. 236, April 2010, pp 11-12
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