Distr.
GENERAL
FCCC/SBI/1997/14
5 June 1997
Original: ENGLISH
SUBSIDIARY BODY FOR IMPLEMENTATION
Sixth session
Bonn, 28 July - 5 August 1997
Item 10 of the provisional agenda
1. In its decision 6/C.P.1, annex III, the Conference of the
Parties (COP) decided on the organization of a workshop which should
discuss the need for, and possible scope, structure, membership and
work plans of non-governmental advisory committees and/or a business
consultative mechanism and report recommendations to the COP at its
second session (FCCC/CP/1995/7/Add.1).
2. Such a workshop was held on 2 March 1996. Its report was presented in document FCCC/SBSTA/1996/11. At its third session, the Subsidiary Body for Scientific and Technological Advice (SBSTA) welcomed the contributions made at this workshop and noted that consensus on mechanisms for consultation had not been reached among
non-governmental organizations (NGOs) participating in the
workshop. The SBSTA proposed that, for the time being, emphasis
should be given to improving existing consultative processes
(FCCC/SBSTA/1996/13, para. 50 (c)).
3. In light of the above, the SBSTA proposed that the secretariat
explore further with non-governmental groups current mechanisms and
procedures for consultation, with a view to establishing how they
might be made more efficient. The conclusions of the SBSTA on this
matter envisaged that it could consider at its fourth session a paper
prepared on this basis,
GE.97-
with the aim of reaching a conclusive decision on the creation of
a consultative mechanism (FCCC/SBSTA/1996/13, para. 50
(d)).
4. The secretariat was unable to submit such a paper to the fourth
or the fifth sessions of the SBSTA. The subject of the paper was on
the agenda of the fifth session, and deep regret at this delay was
expressed. The sentiment was shared by the secretariat. On that
occasion, the SBSTA also invited the Subsidiary Body for
Implementation (SBI) to take over the consideration of this matter
(FCCC/SBSTA/1997/4, para. 37). The present note responds to the
request of the SBSTA and is submitted to the SBI, in accordance with
the guidance of that body.
5. The non-governmental community that participates in the
Convention process is large, and diverse in its interests and
opinions. Eliciting views in a systematic manner, as a basis for the
present note, was not a simple task. In attempting to do so, the
secretariat focused its consultations on the three main
non-governmental constituencies that have so far emerged from the
Convention process. These are business and industry organizations,
environmental groups, and local government and municipal
authorities.
6. In exploring the basis for this paper, the secretariat enlisted the help of the
Global Environment Information Centre (GEIC) - a joint project of
the United Nations University and the Environment Agency of Japan. A
report on the consultations undertaken by the GEIC was the principal
input to this paper. It will be distributed as FCCC/SBI/1997/Misc. 6
(English only). However, the secretariat has exercised its judgement
in drawing upon the range of proposals and has supplemented that
report by some further exchanges with non-governmental
representatives.
7. This paper advances a number of proposals which have emerged from the
above-mentioned consultations accompanied by comments from the
secretariat. While the proposals reflect many commonalities, there
are also many differences. There is clearly a common interest in all
quarters of the non-governmental community to communicate their
expertise and information to the Parties, as well as their
"unfiltered" views on the range of political, socio-economic and
technological issues that are addressed under the UNFCCC. However,
the proposals differ greatly in the breadth of support which they
command among non-governmental organizations and the extent to which
they cut across constituency boundaries. The present paper responds
to the request of the SBSTA and is submitted to the SBI, in
accordance with the guidance of that body.
8. The proposals in this paper are organized under two main
headings. Some of these envisage the improvement of existing
mechanisms for consultation and relate mainly to better access to the
Convention process, while others seek to establish new mechanisms.
Broadly speaking, the proposals in the first category could be
implemented without significant additional costs to the secretariat.
Those in the second category would require some staff and/or other
resources to supplement those requested in the core budget of the
secretariat in 1998-99. If any of the latter proposals were to be
pursued, additional funding would have to be sought through the Trust
Fund for Supplementary Activities.
9. In addition to these proposals, the exercise mandated by the SBSTA has generated some reflection within the secretariat on the principles of the relationship between the Parties and the NGOs. These thoughts are conveyed in a note by the Executive Secretary, as an addendum to the present document (FCCC/1997/SBI/1997/14, Add.1).
10. The Subsidiary Body for Implementation (SBI) is invited to
consider the proposals in this paper. It may wish to give guidance on
the pursuit of these proposals by the secretariat and their
non-governmental proponents, and also, as appropriate, to invite the
COP Bureau and or other subsidiary bodies to act upon them. In doing
so, it should bear in mind the staffing and financial implications of
some of these proposals.
11. The SBI may also wish to discuss the issues raised in the
addendum to this note and consider whether the ideas therein need
further elaboration, with a view to possible action by COP
3.
12. A number of NGOs have requested improved access to the floor
during meetings of Convention bodies, following the practice in the
SBSTA. They also seek the opportunity to intervene in the discussion
of specific agenda items. Some have also requested access to informal
negotiating meetings.
13. Currently, NGO representatives are regularly invited to make
general statements to plenary meetings of Convention bodies.
Otherwise, they are not normally given access to the floor of a
conference room when a meeting is in progress. This separation,
initiated by the Bureau at COP 1, was originally inspired by the
perception that access by NGOs to delegations during meetings could
be abused. The Bureau envisaged, however, that each Chairperson could
exercise discretion in granting access.
14. Subsequently, the Chairman of the SBSTA, with the concurrence
of that body, has decided that the three NGO constituencies mentioned
in paragraph 5 above can have a seat with a nameplate, on the floor
of that body, and has allowed interventions on specific point of its
agenda.
15. Access to negotiating meetings, such as informal consultations
or contact groups is also left to the discretion of the respective
Chairpersons. Currently, observers, including NGOs, are not given
access to such meetings. This practice corresponds to the
conventional view that observer organizations do not have a
negotiating role in an intergovernmental process. As in the case of
access to the floor, this view was fortified by concerns that the
presence of observers in a negotiating room could interfere with the
negotiating process.
16. In seeking information on relevant practice within the
Intergovernmental Panel on Climate Change (IPCC), the secretariat has
been informed that observers, subject to the discretion of the
Chairman, are allowed to intervene as experts on matters of direct
relevance to an agenda item. However, they are not allowed to
intervene during the approval of technical reports nor in their
adoption.
17. The SBI may wish to consider whether it would be desirable
that the practice instituted in the SBSTA be generalized, regarding
seating and interventions in the discussion of specific agenda items.
In this case, the Chairman of the SBI could advise the COP Bureau
accordingly, and, meanwhile, propose that the SBI adopt that practice
itself. This would respond to the request for better access to the
floor and to discussion, but not to the request for access to
negotiations.
18. A number of NGOs highlighted the need for the timely provision
of official documents and other information in print and in
electronic form.
19. In response to this, the secretariat could send to the
coordinator of each identified NGO constituency one set of all
official documents in the original language, in print and/or
electronic versions, for further dissemination within the
constituency. The efficacy of this service would depend on the clear
identification of the channels of communications. Its costs could be
absorbed by the secretariat, as long as the number of NGO
constituencies remained small.
20. The SBI may wish to endorse this suggestion and give guidance
on the identification of NGO constituencies for this
purpose.
21. Some environmental NGOs, citing chapter 27 of Agenda 21, have
stressed the importance of establishing or enhancing mechanisms and
procedures to draw on their expertise and views in policy and
programme design, implementation and evaluation. They envisage for
themselves a political role, through inclusion in national
delegations, and a role as experts, through participation in the
in-depth reviews of national communications as well as in national
capacity building programmes in non-Annex I Parties. The local
authorities constituency stated its readiness to assist Parties in
the assessment and monitoring of greenhouse gas emissions, based on
its experience with the implementation of innovative policies and
measures for the reduction of such emissions.
22. The inclusion of NGO representatives in national delegations,
and their participation as experts in national climate programmes,
in-depth reviews and capacity building, is not a novelty. These are
matters on which NGOs should seek action by Parties in the countries
in which they operate. The SBI may wish to consider whether it should
encourage such action.
23. Both the environmental and the business and industry
constituencies have urged broader participation of different economic
interests, which could benefit the Convention and its implementation.
A few NGOs from the business and industry constituency specifically
stressed the need to encourage the participation of all sectors of
business, industry, labour and agriculture from both Annex I and
non-Annex I Parties. A few NGOs envisaged a possible funding
mechanism or arrangement for this purpose.
24. While access to broader participation is open, there is no
Convention funding available to finance it. The SBI may wish to seek
further views from NGOs and from Parties as to the feasibility of
such funding.
25. The business and industry constituency, which also includes
private sector financial institutions, has reached a consensus in
favour of the improvement of current consultation mechanisms with
Parties through the establishment of a "Business Consultative
Mechanism" (BCM). This consensus was evident at the March 1996
workshop (see Principles in annex I of FCCC/SBSTA/1996/11) and
confirmed by subsequent consultations. This mechanism is seen as
further enhancing the ability of these NGOs to provide the full range
of their "unfiltered" views on the various issues under consideration
in the Convention bodies.
26. Essentially, the BCM would be built around two focal points,
one in the business and industry constituency and one in the
secretariat. These would communicate with each other and constitute
the channel for requests for information from the Parties to this
constituency, and for responses to such requests from the
constituency. The secretariat would distribute this information to
all Parties in a suitable format, subject to some limits on the
volume of material to be transmitted via this mechanism. The business
and industry NGOs would bear the costs of supplying information to
the Parties, while the Parties would assume the costs of its
distribution by the secretariat.
27. The provision of an active secretariat focal point for the BCM, as well as the dissemination of material, are not provided for in the proposed programme budget for
1998-1999 and would require supplementary funding.
28. Some environmental NGOs have requested that their views be
solicited formally whenever governments are invited to submit their
views to Convention bodies.
29. The general practice hitherto has been for Convention bodies
to solicit submissions from Parties and for the secretariat to
compile and circulate them without translation, in "Miscellaneous"
documents. The AG13 departed from this practice in the exploratory
phase of its work by seeking inputs from observer organizations as
well. Occasional submissions by NGOs have been drawn to the attention
of the Convention bodies but not reproduced by the secretariat. The
systematic soliciting of views from NGOs would add a new dimension to
an established practice.
30. This request raises the question of whether Parties wish to
seek the views of NGOs routinely, in a formal manner. The question
is, of course, addressed to all Convention bodies. The SBI may wish
to consider the merits of the question and advise other bodies,
through the COP Bureau, of its conclusion.
31. If the answer to the question is positive, it would be
economical to implement this by soliciting a consolidated view from
each identified NGO constituency. It would be up to each constituency
coordinator to assemble and reconcile views into one submission. Even
so, it might be prudent to set a limit on the length of such
submissions. The secretariat would need guidance from the SBI on the
constituencies from which views should be sought.
32. A few environmental NGOs suggested that the secretariat
organize and host "policy dialogue forums" on themes that would help
advance the implementation of the Convention. Such forums would be
open to government delegates and representatives of observer
organizations participating in their personal capacities. The aim
would be to discuss specific issues on the agenda of the Convention
bodies from the perspectives of the NGO constituencies, thereby
providing alternative inputs into the Convention
process.
33. If this were to be a regular activity of the secretariat,
supplementary funding would be required.
34. The SBI is invited to express its views on this
proposal.