RECENT DEVELOPMENTS ON THE WORK OF SUBSIDIARY BODIES: ACHIEVEMENTS AND CHALLENGES NATIONAL CONSULTATIVE SEMINAR ON CLIMATE CHANGE NOVEMBER 2011

OVERVIEW 1.LEGAL BASIS OF THE NEGOTIATIONS 2.DEVELOPMENTS POST BALI 3.DEVELOPMENTS IN KEY ISSUES UNDER THE AWGs 5.BALANCES IN THE NEGOTIATIONS

1. LEGAL BASIS OF THE NEGOTIATIONS [1] The international regime for climate change is guided by the 1992 United Nations Framework Convention on Climate Change (UNFCCC) The UNFCCC obliges all nations in Art 4.1 to undertake emission reductions and adaptation activities, recognising in Art 3.1 that developed countries should take lead The Kyoto Protocol of 1998 is an instrument for emission reduction commitments by Annex 1 Parties with a compliance mechanism bringing to effect Art 3.1 provisions

1. LEGAL BASIS OF THE NEGOTIATIONS [2] The Convention established two Subsidiary Bodies with report to the CoP and CMP annually, Subsidiary Body for Implementation (SBI) to facilitate implementation of the Convention; and the Subsidiary Body for Scientific and Technological Advice (SBSTA) to evaluate technical issues requiring further elaboration The Bali Roadmap also established two Ad Hoc Working Groups, on the Kyoto Protocol (AWG-KP) to negotiate further commitments of Annex 1 Parties and on Long-term Cooperative Action (AWG-LCA ) to negotiate an agreed outcome under the Convention Internationally, Parties meet on an annual basis, as such South Africa is hosting two Conferences, Conference of Parties to the UNFCCC (CoP) and the Meeting of Parties to the Kyoto Protocol (CMP)

2. DEVELOPMENTS POST BALI [1] The key political issues going to Copenhagen and Cancun were, the creation of a comparable regime for the USA as it did not ratify the Kyoto Protocol, and an elaboration of mitigation actions and their MRV by developed countries under the LCA; agreement on the 2 nd Commitment Period of the KP The work could not be concluded at CoP15/CMP5, partly due to the global shift in global power and economics, leading to developed countries demanding symmetry from some middle income countries, and legal form of the LCA negotiations was not concluded Copenhagen talks noted a political undertaking reflected in the Copenhagen Accord covering, Green Climate Fund, $30bn for fast start finance package, $100bn annually by 2020, mitigation actions and transparency (ICA), adaptation

2. DEVELOPMENTS POST BALI [2] CoP16/CMP6 in Cancun managed to put back on track the multilateral negotiations, with three types of decisions: Areas of convergence, especially institutional architecture such as the Green Climate Fund, Technology Mechanism and Adaptation Framework Areas of agreement setting a process to elaborate the governance and operational procedures of these institutions by CoP17/CMP7 Areas with no full agreement, include legal form of the AWG- LCA outcome, 2 nd Commitment Period under Kyoto Protocol, LULUCF, IPR, etc were transferred to CoP17/CMP7

3. DEVELOPMENTS IN 2011 [1] The first intersessional meeting held in April, Bangkok deliberated on the mandate for negotiation as to whether its Bali or Cancun, compromise was setting an agenda that covers both the Cancun elements and the Bali Action Plan The second meetings held in June in Bonn saw slow progress on technical issues while the more central and difficult aspects of the Cancun or Bali decisions did not progress as well The third meeting was in October in Panama where the focus was on generating negotiating text for Durban, with text ranging from being compilation of views, facilitators notes and negotiation text

The operationalisation of Cancun started with the election of GCF Transitional Committee members, Minister Manuel elected to co-Chair with Mexico and Norway. The first meeting of Tech Exec Committee took place 3-4 Sep in Bonn where modalities of the Committee were discussed DEA hosted 3 Africa Group of Negotiators’ meetings to chart Africa Common Negotiating Position, and the African Ministerial Conference on the Environment (AMCEN) adopted the Africa common position in September 3. DEVELOPMENTS IN 2011 [2]

4. KEY ISSUES UNDER THE AWGs [1] Arrival at an equitable burden sharing of emission reductions in relation to the global goal, peaking and means of implementation Fragmentation of adaptation with Cancun having delivered Adaptation Committee, but not how the Adaptation Framework facilitates implementation of adaptation actions The design of the Green Climate Fund and the sources of long-term finance as well as increasing finance from fast finance levels to the envisaged $100bn/ annum by 2020

On mitigation the issues are the conversion of pledges to commitments for Annex 1 Parties and their understanding for non-Annex 1 Parties; and the associated transparency provisions and rules Legal form of the LCA negotiations, as Kyoto Protocol Parties condition the 2 nd Commitment Period to the work of the LCA culminating in a legally binding agreement Under the Kyoto Protocol other than technical issues, the major political issue is agreement on the 2 nd commitment period of the KP, whilst avoiding a legal gap between the commitment periods 4. KEY ISSUES UNDER THE AWGs [2]

The key issues facing climate change pertain to how the multilateral regime should reflect fairness, and it means different things for different Parties, e.g. Effective limitation of global temperature rise particularly for survival of SIDS and Africa Harnessing the non-KP Parties to ensure a fair regime amongst developed countries by the EU Space and time for development by developing countries especially middle income countries, e.g. BASIC Economic and social consequences of response measures to fossil fuel dependant economies, e.g. OPEC Prioritisation of adaptation particularly for natural resource dependant economies especially in Africa 5. BALANCES IN THE NEGOTIATIONS [1]

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