Mepielan eBulletin - International Environmental Negotiation Process

A New Treaty Regime to Curb Mercury Pollution

Fri, 05 Apr 2013 00:00:00 GMT

On the 19th January 2013 delegates representing 140 countries at a United Nations forum in Geneva have managed to clinch a deal to establish a new global treaty regime governing mercury pollution. Negotiators had agreed during the 25th Session of the UNEP Governing Council/Global Ministerial Environment Forum (GC/GMEF), held in February 2009, to complete a legally binding instrument by February 2013. During the 13-19 January negotiations, delegates faced the challenge of reaching a common ground on decisions regarding the scope and the content of the agreement. This treaty is the result of a four year of negotiating process on the subject.

Specifically, four sessions of Intergovernmental Negotiation Committee (INC) took place before the international community reach to a consensus about a binding legal text. The previous session (INC 4) that was held from 27 June to 2 July 2012 in Punta del Este, Uruguay covered broad areas, ranging from products that contain mercury and processes that use mercury, to supply and trade of mercury, to emissions and releases, to storage and waste, to financial resources and technical assistance, and compliance. Despite progress made in smaller issues like storage, waste and contaminated sites, controversy flared over the core and complex issues of financial resources and technical assistance, implementation and compliance committee and control measures.

The Minamata Convention on Mercury - named after the Japanese town whose residents suffered the consequences of mercury poisoning some 50 years ago –achieved to resolve the aforementioned controversies and opens for signature at the Diplomatic Conference to be held from 7 to 11 October 2013 in Japan.

The Minamata Convention keeps under control the usage of mercury* by targeting several products for phase-out by 2020. Those products include mercury thermometers, certain blood pressure measuring devices, most batteries, certain types of electric switches, some fluorescent lamps, and certain soaps and cosmetics. Exceptions have been allowed for some medical products for which a mercury-free alternative does not exist.

One of the most important issues to be resolved during the negotiation process was concerning the scope and the content of the treaty and particular whether the provisions of the agreement would have a “positive list” (listing only prohibited uses) or a “negative list” (banning all uses and listing exceptions to the ban). Finally, delegates agreed to use the positive list approach with regard to processes, and a hybrid approach with regard to products. The treaty therefore commits parties to a phase-out for a number of products that use mercury by 2020.

One of the most complicated aspects of the treaty was the trade of mercury. The delegates agreed on a system of prior informed consent rather than a ban. In this context, an issue that was extensively negotiated was how to treat trade in mercury products between parties and non-parties to the treaty. In the end, the treaty effectively treats trade between party members and non-party members equally.

While many welcomed the treaty, some groups felt that the language used was too vague on some industries, such as gold mining and coal-fired plants, the largest mercury sources. According to Article 9 of the treaty, each country that has Artisanal and small-scale gold mining (ASGM) within its territory shall take steps to reduce and where feasible eliminate the use of mercury. In addition, each party shall notify the Secretariat if at any time ASGM processing “is more than insignificant,” and if it determines it to be so, they must develop a National Action Plan. Critics argue that this language leaves the door open to proceed with business as usual.

Mercury treaty introduced the concept of controlled use of heavy metals by establishing a legal framework for the environmentally sound usage of mercury which may cause damage to public health.

The convention will enter into force once it has been ratified by at least 50 countries, a process that could take three to four years. A swift ratification of the Minimata Convention and its proper entry into force is a precondition for adequately evaluating its effectiveness in protecting the environment and public health.

Note:
* Mercury is a naturally-occurring chemical; however, there is no level of exposure considered safe for humans. There are two principle types of mercury exposure, each presenting a different level of danger to humans: elemental mercury and methylmecury. Methylmecury, however, is a type of organic mercury that builds up in fish and shellfish. Overexposure to this form through the consumption of seafood is especially dangerous to a developing foetus, causing neurological problems and deformities. Adults can also be affected with these disorders but require a higher level of exposure. Also Mercury is a common heavy metal found in a number of daily used products such as energy-saving light bulbs but it is also released through a number of processes, including mining and cement and coal-fired power industries.

Source: UNEP News Centre, IISD Reporting Services
For Further Information:
http://www.unep.org/hazardoussubstances/News/PressRelease/tabid/425/language/en-US/Default.aspx?DocumentID=2691&ArticleID=9207&Lang=en
http://ictsd.org/downloads/biores/biores8-18.pdf
http://ictsd.org/i/trade-and-sustainable-development-agenda/152952/

Fourth Session of Intergovernmental Negotiation Committee Moves Towards a Global Treaty on Mercury

Fri, 20 Jul 2012 00:00:00 GMT

The fourth session of Intergovernmental Negotiation Committee (INC4) was held from 27 June to 2 July 2012 in Punta del Este, Uruguay. The Meeting was attended by over 500 participants representing governments, UN agencies, intergovernmental and non-governmental organizations, medical and industry organizations.

The main purpose of this session was to conduct further negotiations on the draft text of a global treaty on mercury. The draft text reflected the views submitted by the parties at INC3 and during the intersessional period. As Mr. Achim Steiner, Executive Director of UNEP and Under Secretary General of the UN, underlined: “The global mercury legal instrument under development gives an important opportunity to ensure that a small-scale activity, such as this one, continues in a safe and sustainable way”.

INC4 was the fourth of five meetings anticipated to convene prior to the 27th session of the United Nations Environment Programme Governing Council/Global Ministerial Environment Forum (UNEP GC/GMEF) in 2013, where the negotiations are supposed to be concluded.

Delegates met in a busy schedule of contact groups in order to forge a way forward. Within the six days of the meeting broad areas were covered, ranging from products that contain mercury and processes that use mercury, to supply and trade of mercury, to emissions and releases, to storage and waste, to financial resources and technical assistance, and compliance.

INC4 achieved a full reading of the draft treaty text, removed brackets and narrowed options in some articles. Despite progress made in smaller issues like storage, waste and contaminated sites, controversy flared over the core and complex issues of financial resources and technical assistance, implementation and compliance committee and control measures.

In the realm of financial assistance, the delegates faced the quandary whether the financial mechanism should be stand-alone following the model of the Multilateral Fund under the Montreal Protocol on Substances that Deplete the Ozone Layer, or rely on existing institutional arrangements like Global Environment Facility (GEF).

Regarding the outstanding issue of implementation and compliance, the representatives reached a basic agreement on establishing a compliance/implementation mechanism in the treaty text itself. At this point, it is worth mentioning that developing countries emphasized that the principle of “common but differentiated responsibilities” must be reaffirmed in this treaty. In particular, developing countries argued that the effective implementation of their obligations relating to control measures depends on developed countries’ compliance with their commitments related to financial resources and transfer of technology. Once more, the negotiating process of establishing a global conventional environmental regime was built on the direct correlation between compliance and financial and technological assistance. Indeed, many participants said: “nothing is agreed until everything is agreed”.

Decidedly, this meeting was an important step towards developing a global conventional environmental regime on mercury. Delegates are expected to provide key solutions to challenging issues at the next and last session of the INC in January 2013. As Mr. Steiner said: “There are only a few months left to conclude this new convention and establish a robust and dynamic regime to protect the environment and minimise the human health risks posed by mercury”.

Source: UNEP, IISD Reporting Services
For further information:
http://www.unep.org/hazardoussubstances/News/PressRelease/tabid/425/language/en-US/Default.aspx?DocumentID=2691&ArticleID=9207&Lang=en

http://www.iisd.ca/download/pdf/enb2815e.pdf

Third Session of Intergovernmental Negotiation Committee Prepares a Global Legally Binding Instrument on Mercury

Wed, 23 Nov 2011 00:00:00 GMT

The third session of Intergovernmental Negotiation Committee (INC3) was held from 31 October to 4 November 2011 at UNEP’s Headquarters in Nairobi, Kenya. Over 500 participants representing governments, UN agencies, and intergovernmental and non-governmental organizations attended the meeting.

The primary purpose of this important session was to conduct negotiations on the draft text of a global, legally binding, instrument on mercury, implementing a comprehensive and suitable approach to this issue. The draft text was prepared by the Secretariat on the basis of the views expressed by parties at INC2 and during the intersessional period .A global, legally binding, instrument on mercury is expected to be the most effective vehicle for ensuring the protection of human health and environment from anthropogenic releases of mercury and its compounds.

INC3 was the third of five sessions that have been scheduled to take place before the 27th session of the United Nations Environment Programme Governing Council/Global Ministerial Environment Forum (UNEP GC/GMEF) in 2013, where the negotiations are supposed tobe concluded.

After a week of lengthy contact group discussions, the Meeting finalized the provisions of a new draft text dealing with such important issues as, supply, international trade on mercury, products and processes, artisanal and small-scale gold mining, emissions and releases, storage wastes and contaminated sites, financial resources and technical and implementation assistance, awareness-raising , research and monitoring , and communication of information, institutional arrangements, settlement of disputes and further development of the Convention. It is to be noted that provisions related to issues with strong legal flavour, such as institutional arrangements, settlement of disputes and final provisions, were formulated by the Legal Group established at INC2.

The provisions in the new draft text are intended to strike a balance between the need for clarity and the need to reflect the full range of party views. The full range of party views is indicated in the new draft text through the use of brackets, multiple options and other appropriate means. At this point it is worth mentioning that the most controversial substantive issues facing the INC3 process were apparently the issues of the financial mechanism and voluntary versus mandatory control measures.

Finally, the Committee concluded its proceedings by requesting the Secretariat to provide a revised draft text based on the plenary negotiations, the reports of INC3 contact groups and the work of the Legal Group.

Source:UNEP, IISD Reporting Services
For further information:
http://www.iisd.ca/download/pdf/enb2808e.pdf
http://www.unep.org/hazardoussubstances/Mercury/Negotiations/INC3/tabid/3469/Default.aspx

UNDP and UNITAR Organize Training courses in Multilateral Negotiations in the African Region

Fri, 08 Apr 2011 00:00:00 GMT

The UN Development Programme (UNDP) and the UN Institute for Training and Research (UNITAR) join forces to strengthen African participation in Multilateral Negotiations by organizing 35 training and networking events over a 12-month period on four priority areas related to economic and social development of Africa: financing for development, regional investment and integration, climate change and peace and security. More than 1,100 African negotiators and decision-makers will have the opportunity to participate to face-to-face training, networking activities, instructor-led e-learning courses, and e-discussions. UNDP and UNITAR will collect and disseminate through the Internet selected case studies and best practices gathered through the training activities.

The aim of this important joint UNDP/UNITAR project is not only to contribute to achieving sustainable growth and attaining the UN Millennium Development Goals (MDGs) in the African region, but also promote synergies within the UN system based on the "Delivering as One" initiative*. Importantly, it will have a far-reaching conseqeunce: it will critically raise the quality and effectiveness of the process of international environmental governance.

Note
*”Delivering as One - Making the UN system more coherent, effective and efficient” is a pilot initiative launched by the United Nations in 2007 to respond to the challenges of a changing world and test how the UN family can provide development assistance in a more coordinated way in eight countries, which volunteered to become “Delivering as One” pilots (Albania, Cape Verde, Mozambique, Pakistan, Rwanda, Tanzania, Uruguay, and Viet Nam). Together, they are experimenting with ways to increase the UN system’s impact through more coherent programmes, reduced transaction costs for governments, and lower overhead costs for the UN system. The eight pilots are making reforms based on four principles: One Leader, One Budget, One Programme, One Office.

Source: UNDP, UNITAR
For further information:
http://www.unitar.org/delivering-one-undp-and-unitar-join-forces-strengthen-african-participation-key-multilateral-negotia
http://www.undg.org/?P=7

Outcomes of the 10th Conference of the Parties to the Convention on Biological Diversity – ABS Protocol Negotiations Successfully Completed

Sat, 13 Nov 2010 00:00:00 GMT

The 10th Meeting of the Conference of the Parties (COP 10) to the Convention on Biological Diversity held from 18 to 29 October in Nagoya, Japan, ended successfully, having adopted a biodiversity plan for the following 10 years and other crucial texts for biodiversity conservation. Delegates from over 200 states from all over the world attended the Meeting, prepared to commit themselves to more stringent targets in a fight towards biodiversity conservation and show the world that a more intensive action is needed.

An important outcome of the Conference was the adoption of the Strategic Plan for Biodiversity for the Period 2011-2020, aimed at reducing biodiversity loss and restoring the natural environment. The Plan includes twenty targets on how to achieve the overall objectives. This result is a big success and an important step in the history of biological diversity protection, considering the latest indications showing that efforts and commitments to protect biodiversity and reduce its harvesting had been failing.

The targets, known as “the Aichi Targets” - as the Plan is named, include an extended designation of marine protected areas to 10%, and an increased designation of natural reserves to 17%, in order to help halve biodiversity loss. In addition, CBD signatories are required to develop biodiversity plans at state level. Other targets aim at a sustainable use of natural resources and the development of more effective capacity- building mechanisms.
The land area target was considered by some as low, given that some countries are already very advanced and successful in designating and protecting land areas resulting to a 13% of global land already being protected. On the other hand, the marine area protection target give an optimistic hope, given that today, only 1% of marine areas are protected.

Another big breakthrough result of the Conference was the adoption, after 18 years of intensive negotiations, of the Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity, now known as the Nagoya Protocol. The Protocol lays down ground rules on the way nations should evaluate and share those benefits and ensures that indigenous and local communities benefit from the use of natural resources within their territory or under their management. The adoption of an Access and Benefit Sharing (ABS) regime had been a condition for some developing countries, in order to remain engaged with the CBD. The text of the Nagoya Protocol was nevertheless disappointing for many developing states which expected stronger commitments by developed states. The general feeling of developing states was of compromise, in order to avoid standing in the way of the instrument being adopted. The Nagoya Protocol will enter into force in 2020, if ratified by signatory states to the CBD.

Finally, the COP ended with the adoption of another very important text, the Strategy for Resource Mobilization for the implementation of both the Strategic Plan and the ABS regime. The Conference was not able to decide on a specific funding plan or on a specific amount needed for the implementation of the abovementioned agreements; however, it was agreed that such a plan be drawn by 2012. Ensuring adequate financing was considered essential in the success and achievement of the CBD objectives, and rules for increasing international funding for biodiversity were included.

The adoption of all three documents after long negotiations during the COP meetings that ended at 3am on the 1st November was considered very successful. On agreeing the Nagoya Protocol, some states pushed for an adoption of all three agreements as a package, as they believed them all to be interdependent. However, it was decided that each document would be considered for adoption separately in order to allow developing states to note their discontent on the ABS regime outcome. It remains to be seen whether the instruments will be ratified and successfully implemented by CBD members in order to achieve their objectives.

Source: CBD Secretariat / COP 10, IUCN
For further information:
http://www.cbd.int/cop10/
http://www.iucn.org/cbd/meetings/nagoya_2010/?6406/Deadline-Life--Nagoya-defines-future-for-life-on-earth
http://www.iucn.org/about/work/programmes/species/our_work/cbd_cop10_nagoya/

Negotiations on Access to Genetic Resources and Benefit-Sharing (ABS). Towards a new Protocol on ABS of the Convention on Biological Diversity.

Fri, 27 Aug 2010 00:00:00 GMT

The resumed 9th Meeting of the Ad Hoc Open-ended Working Group on Access and Benefit-Sharing (WG ABS 9) of the Convention on Biological Diversity (CBD) was held from 10 to 16 July 2010, in Montreal, Canada. More than 600 delegates from 114 governments (including Australia, Brazil, China, USA and the European Commission), civil society and indigenous and local communities attended the Meeting.

The draft Aichi Nagoya Protocol on Access and Benefit-Sharing (ABS) is now in place, and will be finalized and adopted on 29th October 2010 at the 10th Meeting of the Conference of the Parties (COP 10) to the Convention on Biological Diversity in Nagoya, to be held in Aichi Prefecture, Japan.

The 9th Meeting of the Ad Hoc Working Group taken place in Cali, Colombia, in March from 22 to 28, 2010, accepted a draft protocol on access to genetic resources and the fair and equitable sharing of the benefits from their use as a basis for further text-based negotiations. The draft Protocol was tabled by the two Co-Chairs (Canadian Tim Hodges and Colombian Fernando Casas) of the Ad Hoc Working Group, and progress was made with respect to benefit-sharing from derivatives and to an internationally recognized certificate of compliance. Since however it was not possible to finalize the text at this Meeting, the Ad Hoc Working Group decided to resume its 9th Meeting in Montreal in order to complete its mandate.

In Montreal, following a proposal by the Co-Chairs, the Ad Hoc Working Group convened an Interregional Negotiating Group (ING) to continue negotiations of the draft Protocol. At the Montreal negotiations, the structure of the text of the Draft Protocol remained intact and consensus was reached on important substantive parts of the text such as compliance, access, benefit-sharing including derivatives, and the relationship of the Protocol to other international instruments. However, the Ad Hoc Working Group was still unable to finalize the text with several issues remaining open including scope and the issue of pathogens, derivatives and the concept of utilization of genetic resources, and mechanisms to support compliance. In light of this, the Ad Hoc Working Group recognized that further negotiations were needed for the completion of the text and the submission of a final draft protocol for adoption by the COP 10. It therefore decided that the ING will be reconvened at Montreal from 18 to 21 September 2010 and that its 9th Meeting will resume on 16 October 2010, to endorse the work of the ING and report to COP-10.

Source: CBD
For further information:
https://www.cbd.int/abs/ir
https://www.cbd.int/abs/regime.shtml
http://www.cbd.int/doc/press/2010/pr-2010-07-16-abs-en.pdf