Last year before the negotiations at Copenhagen, five countries (Australia, Costa-Rica, Japan, Tuvalu, and the United States) submitted proposals for protocols under the convention – in other words, new proposals for a legally binding climate treaty. This is important because there had not yet been discussion since Bali on what legal form the final outcome could take. In the meeting, Tuvalu proposed that a “contact group” (the UN name for a working group) be established to discuss these proposals. But a new protocol was opposed by India, China, Saudi Arabia, South Africa and others. Furthermore, the formation of a contact group was opposed by Saudi Arabia, India, Venezuela, Algeria, Kuwait, Oman, Nigeria, Ecuador, and China. This ruled out any chance of a legally binding treaty at Copenhagen, disappointed many representatives of civil society, it seemed at the time that the prospects for a strong legally binding outcome in the near-future were grim.
This year, on Wednesday Dec 1, the Conference of Parties again considered these five proposals, and a sixth proposal from Grenada on behalf of the Alliance of Small Island States. Grenada called for a contact group to be established. Grenada noted that we have not yet had a discussion on legal form; and that this could provide certainty to governments, markets, and the private sector. Costa-Rica and Tuvalu also discussed their proposals and called for a contact group.
But India opposed a “formal group”, saying that in the “current context”, we should be “investing our time in deliverables of Cancún”; that “too much is on our plate”; we “need to address Kyoto instead” (perhaps a reference to Japan stating that it will not inscribe its 2020 target into the Kyoto Protocol); we should “focus on the two texts from Tianjin”; the “Article 17 proposals should be allowed to rest”; “forms should follow substance” and “let us consider substance first”.
China, which strongly opposed a contact group at Copenhagen, offered a nuanced response. They thanked Grenada and AOSIS for their proposal; they said they support the “proposal that legal form be discussed” and that the “final outcome should be a legally binding outcome”; but they “hope to have more time on other issues” and ask “is it possible that we avoid discussion separately? Maybe chair can conduct informal consultations, or maybe allow AWG-LCA consider this issue?”; and happy to “leave to the wisdom of the President” (the ‘President’ refers to the Mexican Foreign Minister who chairs the meeting). So China raised some concerns, but strongly hinted that they would not block consensus.
Saudi Arabia said that they support India and China, had concerns about the future of the Kyoto Protocol (probably also relates to Japan’s statement, even though Saudi Arabia is a far worse polluter than Japan, and has no commitments under the Kyoto Protocol), and that it would be better to focus on the negotiations still taking place.
Some countries who had opposed a contact group last year supported one this year, including South Africa and Venezuela. The 2011 negotiations will happen in South Africa, and they stated that the lack of discussion on legal form has been a barrier.
The call for a contact group was also supported by Guatemala, Cuba, the Maldives, the Democratic Republic of Congo, Nauru, Cook Islands, the EU, the Dominican Republic, Australia, Vanuatu, the Marshall Islands, St Lucia, Guyana, and some observer organisations.
The Mexican Foreign Minister (the ‘President’) resolved to set up a contact group, stating (and I paraphrase somewhat):
We have had a very important exchange on a question that is of transcendental importance for many delegations. We have heard many opinions. A clear testimony to diversity of points of view and complexity. We must recognize that in the exercise of sovereign governments and they are insisting that proposals discussed. Proposals refer to subjects being dealt with in negotiations in LCA and KP. And we still don’t have clarity on how negotiations will conclude. Indispensible that negotiations will proceed quickly and make progress and consolidate decisions. I propose we establish discussion in the form of a contact group that will have as its exclusive aim to provide this space to allow exchange of proposals including Grenada, Costa Rica, Tuvalu. But I think delegations have clearly expressed that proposals relate to subsequent work. If there is agreement to establish this dialogue, and better understand opinions that differ, I don’t want that to be detriment to discussions of two working groups. I repeat this dialogue should not lead to a negative effect that would reduce urgency that we apply to negotiations.
It is worth keeping the role of a “legally binding” agreement in perspective – the point of an agreement is to provide confidence that commitments will be kept. Making it legally binding could perhaps help with that – but what will make a real difference is domestic legislation that will send a signal to the world that a commitment will be met. The only sort of domestic legislation (apart from perhaps shutting down steel production and imposing blackouts) that can achieve this is some sort of carbon price. Australia – for example – is highly unlikely to increase its 2020 emission reductions target beyond 5 percent until there is a carbon price.
The fact that countries changed their position to a cooperative one on this issue, and were willing to compromise, is a positive sign for the negotiations. Compared to Copenhagen (so far) there seems to be less uncompromising positions, there hasn’t been any walkouts, there seems to be more confidence in the country hosting the negotiations, and less late nights. All of this could change, but there is reason for cautious optimism.
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