Current Date:

Friday, 20 October 2017
 

2-Climate Change Negotiations Workshop (2)

The UNE (United Nations Environment ) organized a 3 days (23-25 Sept) a workshop on “ Climate Change Diplomacy and Negotiations”

, in order to promote and strengthen the Sudanese negotiators capacity in preparation for the coming Climate Change Summit that will be convened in Bonn( Germany) in the 6 to 17  November, 2017. The Minister of Environment Dr. Hassan Hilal addressed the opening session as well as a representative from UNE-Sudan office.
Doha 2012 COP18
At COP 18 in Doha, Parties adopted the Doha Amendments to the Kyoto Protocol. Launched a new commitment period under the Kyoto Protocol, thereby underlining the principle that developed countries lead mandated action to cut greenhouse gas emissions• Strengthened their resolve and set out a timetable to adopt a universal climate agreement by 2015, which will come into effect in 2020.
Streamlined the negotiations by completing the work under the Bali Action Plan to concentrate on the new work towards a 2015 agreement under a single negotiating stream in the Ad hoc Working Group on the Durban Platform for Enhanced Action (ADP).
Emphasized the need to increase their ambition to reduce greenhouse gases (GHGs) and to help vulnerable countries to adapt.
PARIS AGREEMENT
Negotiations started after COP 17 in 2011 in
Durban. Paris Agreement adopted at COP 21 in December 2015 in Paris, France, Paris Agreement broke new grounds, Introduced Nationally Determined Contributions(NDCs), Global Stocktake, Transparency Framework.
The agreement entered into force on 4 November 2016 during COP 22 in Marrakech with 160 Parties as at 20 September 2017.
Paris Agreement has a COP Decision and also an Agreement as an Annex to decision. The  Combination of a Decision and Agreement is because COP decision are not  legally binding? though adopted by consensus and implemented by all. But Parties have legally binding commitments under the Convention (Agreements) to promote its affective implementation.
Provisions of UNFCC are actualized by parties implementing its provision.Paris agreement is an instrument under the Convention to promote the objective of the convention
Next Steps
After adoption of the text of Paris agreement
a) Ratification constitutes an acceptance by Member States to be bound by provisions of the Treaty;
b) Signature and deposit of instrument of ratification;
c) 30 days after 55 parties to the Agreement accounting
for at least an estimated 55 percent of total global greenhouse gas (ghg) emission have deposited their instruments of ratification, acceptance, approval or accession.
d) Determination of legal bindingness of provisions indicated by use of “ May”, “Shall”, “Should” to show whether parties are bound to their content;
Status of Nationally Determined Contributions (NDCs)
• Are Nationally Determined Contributions(NDCs) legally binding under the Paris Agreement?
• Agreement contains strong procedural obligations to communicate NDCs and to report regularly on progress in implementing and achieving NDCs.
• Parties shall pursue domestic mitigation measures with the aim to achieving the objectives of such
NDCs
• Most provisions on adaptation and means of implementation are expressed as recommendations , expectations or understandings
Conclusion
• Paris Agreement is a Treaty at International law
• Not every provisions of the agreement creates a legal obligation;
• Mix of mandatory and non mandatory provisions relating to Parties mitigation obligations;
• Other provisions such as those on transparency, accountability and compliance can also make significant difference.
• Entered into force on 4 November 2016 during COP 22 in Marrakech. CMA 1 convened during COP 22.
COP 23
The Conference of the Parties (COP) is the decision making body of the Convention. COP adopts decisions and aslos new legal instruments. There are also subsidiary bodies established by the Convention; scientific and technological advice ( SBSTA) , for implementation (SBI), subsidiary bodies to consider issues and make recommendations for adaptation by the COP.
At the  COP, eg COP 23 will adopt several decisions recommended by the SBI and  SBSTA.
COP 22 has special significance  because it is expected to adopt the Rules for Implementation to adopt the New Paris Agreement.  Key  Negotiating Groups their main positions and negotiating tools.
Intergovernmental Negotiating  Committee  ( INC) was established by the United  Nations General Assembly  by its  Resolution 45/212 in December ,1990 to negotiate a Framework Convention on Climate Change. The INC established two working groups;  Working Group One to focus on Commitments and ; Working Group Two on Institutional and Procedural Provisions.
The Convention on Climate Change was adopted on 9 May at the UN Headquarters in New York and opened for signature at the Earth Summit in Rio de Janeiro (Brazil) in June ,1992. After entry into force in 1995, parties at the First Conference of the Parties in Berlin in 1995 ,decided to start negotiation for a Protocol.
They established the AD HOC Working Group on the Berlin Mandate. The Protocol limited o Annex I only. developing countries commitments.  
The , COP 17 IN Durban (South Africa) decided to start another negotiating process and established an AD HOC Working Group on the Durban Platform of Action under the Convention to negotiate another legal instrument, a protocol  for enhanced legal action under the Convention.
Negotiations are usually conducted in a working group  but there are other methods as well, as plenary, contact groups, informal groups, spin of groups, friends of the chair, legal experts groups, etc.
Negotiating Groups.
AFRICA
Is the only regional group that works as an active negotiating group. Consists on 53 members• Share various common concerns• Not responsible for creating adverse effects of climate• Contributes little to global effects of climate change.• Least equipped region to address effects of climate change• Insufficient financial, human and technological resources to address and adapt to climate change• Often makes common statements in issues such as funding , capacity building and technology transfer. Major concerns are poverty alleviation and social and economic development.• Adaptation is a priority for African countries• Acting together enables the continent to put forward its concerns effectively in order to obtain international support for climate change activities.
Group of 77 and China
Major grouping of about 132 countries within the United  Nations System. Includes small island States, oil exporting countries, emerging economies, least Developed Countries and middle income countries. The State holding the Presidency speaks for the Group when there is common agreement. Is elected on a rotation basis among the regional groups constituting the G77 and China.( Africa, Asia, Grulac, Pacific Island States, Caribbean Islands and the developing countries of Eastern and Central Europe. Have come together to address issues of common concern to developing countries and counter the power of the developed countries. If there is no agreement, each country or group of countries can decide on its own position.
Alliance of Small Island States (AOSIS)
An alliance of 43 small island states and low lying coastal areas that share similar development challenges and their vulnerability to the adverse effects of climate change. AOSIS countries , united by the threat that climate change poses to their survival, frequently adopt a common stances in the negotiations.
Least Developed Countries(LDCs)
The 49 countries defined as least Developed Countries by the United Nations. They include a number of African and Asian countries and small island states.
.They work together in the climate change process to
defend their interest by highlighting their vulnerability and the need to adapt. .Their particular situation is recognized under Articles 4.9 and 12.5 of the Convention.
EUROPEAN UNION
The European Union and its 25 member states are party to the Convention and the Kyoto Protocol. The Presidency rotates on a 6 months basis . Speaks on behalf of Member states. They meet regularly on a private basis to agree on common positions. Willing to accept an amendment to Annex B of the KP and enhance their emission reduction commitments-on condition that the emerging developing countries accept reduction targets. Provide financial and technological assistance to developing country parties
Other groups
Oil Producing countries (OPEC)
.Environmental Integrity Group
.Central Asia, Caucasus, Albania and Moldova(CACAM)
.Not members of G77 and China, do not consider themselves to be developing countries. They are not developed countries either and not
Annex I Parties.
Umbrella Group
.Loose association of some developed countries.
.Group made up United States of America , Canada, Russian Federation ,Japan , Iceland , Australia , New Zealand, Norway and Ukraine. Share information on issues of common concern , but do not take common positions
.Against amendment to Annex B of the Kyoto Protocol.
. Insist on emerging developing countries taking on specific emission reduction targets.
Outcome of COP 22 in Marrakech
The parties adopted 35 decisions, mostly related to the implementation of the Paris Agreement. The decisions set 2018 as the deadline for developing a rulebook for the implementation of the Agreement, based on transparency and accountability. The parties decided that the Adaptation Fund, which was created in 2001, will serve the Agreement. They adopted a five-year work plan for the Warsaw International Mechanism for Loss and Damage. The parties endorsed the Marrakech Action Proclamation, which reaffirms their commitment to implementing the Paris Agreement. They established the Marrakech Partnership for Global Climate Action, a platform that facilitates the involvement of non-state actors in pre-2020 climate action.
Outside the formal negotiations, the 'Climate Vulnerable Forum', a group of 48 developing countries, declared their intention to switch to 100 % renewable energy between 2030 and 2050. Canada, Germany, Mexico, and the USA laid out strategies for decarbonising their economies by 2050, with more countries to follow.
European Parliament
On 6 October 2016, Parliament adopted a resolution on COP 22, which notes that current NDCs are not sufficient for meeting the ambitious objectives of the Paris Agreement and urges developed countries, especially the EU, to reduce their emissions below the current pledges. A delegation of 12 Members, headed by Giovanni La Via (EPP, Italy), represented Parliament at COP 22. Parliament is currently considering a number of legislative proposals aimed at implementing the Paris Agreement at EU level, notably a reform of the EU emissions trading system, a new effort-sharing regulation, and a regulation for emission reductions in the land-use sector.