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Marco Albonico 000041018 Diplomacy’s Final Essay
What role does the United Nations play in facilitating
‘successful’ Climate Change negotiations, especially with regard
to pre negotiations?
This essay seeks to analyse the role of the United Nations
(UN) as a facilitator in climate change negotiations in order to
demonstrate that their ‘success’1 is facilitated by the behind-the-
scenes-work undertaken within the UN framework during the pre
negotiations, and to a certain extent, by the logistics behind
them.
The first part of the essay will be theoretical and will
explain in what ways pre negotiations play a crucial role vis-à-vis
the success or the failure of international multilateral
conferences. The second section will provide a background to the
United Nations Framework Convention on Climate Change (UNFCCC),
and in particular it will focus on some of the tasks that its
Secretariat undertakes, to show how it is involved in the process
of facilitating the ‘success’ of the Climate Change Conferences of
the Parties (COPs). The rest of the essay will compare and
1 A definition of ‘successful’ climate change negotiations will not be provided until later on in the essay, once the conceptual framework of pre negotiations and the Conferences of the Parties (COPs) have first been introduced. In particular, a definition of ‘successful’ COP will be presented on page 6
1
Marco Albonico 000041018 Diplomacy’s Final Essaycontrast the Copenhagen’s and the Durban’s pre negotiations to
demonstrate that, when climate change pre negotiations are
conducted openly and under the auspices of the UN, they will
contribute to the ‘success’ of the actual COPs. In particular, it
will show that the Copenhagen’s pre negotiations were not
successful because, a latere of the meetings which were organized and
managed by the UNFCCC Secretariat, “secret” meetings – which often
saw the participation of a small number of developed countries, at
the expense of developing countries - took place outside the UN
framework. This created a climate of mistrust that emerged at
Copenhagen, which undermined “momentum”, as the conference was
transformed into a ‘political’ meeting, especially with the early
arrival of numerous heads of state, leaving little room for
diplomats in the negotiations. Copenhagen will be contrasted with
the Durban Conference, which was instead successful.2 In
particular, the essay will show how the UNFCCC Secretariat was
able to successfully lead the Durban’s pre negotiations, by
focusing on some of the meetings preceding the Durban Conference –
specifically the Transitional Committee meetings - which proved to
be necessary for the adoption of the Green Climate Fund (GCF) at
2 The Copenhagen’s pre negotiations will be examined first because of chronological reasons. COP 15 Copenhagen took place in 2009, whereas COP 17 Durban happened in 2011
2
Marco Albonico 000041018 Diplomacy’s Final EssayDurban. The GCF, however, could be implemented to a large extent
thanks to Connie Hedegaard, the European Union’s diplomat. This
will confirm once again the argument that pre negotiations, led
and conducted under the auspices of the UN – in this case the
UNFCCC Secretariat - are fundamental for the outcome of the actual
COPs. In addition, it will also suggest that the role of diplomats
is still crucial in climate change negotiations. Finally, the last
section will address the importance of logistics for the ‘success’
of the COPs and will point out how the UNFCCC Secretariat acted as
a facilitator both in the case of Copenhagen and Durban, by
providing information ranging from visa issues to hotel
accommodation.
First of all, it is important to remark that, despite their
misleading name, pre negotiations are the first stage of
negotiations.3 In fact, as William Zartman and Maureen Berman
state, negotiations can be divided into three stages: pre
negotiations, formula and details; the last two representing the
official phases in which the Parties officially adopt the agenda
discussed during the pre negotiations and agree to the details.4
3 Pre negotiations represent the sine qua non condition for the successfulness of negotiations. See G.R. Berridge, Diplomacy, Theory and Practice, Fourth Edition, New York,Palgrave Macmillan, 2010, p. 274 I.W. Zartman, and Maureen Berman, The Practical Negotiator, Yale University Press, New Havem London, 1982, chs. 4-6
3
Marco Albonico 000041018 Diplomacy’s Final EssaySimilar to Zartman and Berman, Brigid Starkley et al. divide
negotiations into three stages: pre negotiations, negotiations,
and implementation. What is important to realize is that, as the
authors stress, the third phase depends largely on the second,
which in its turn depends heavily on the first, thus making the
pre negotiations not only the sufficient, but also the necessary
condition for the success of the other two phases.5 Pre
negotiations are, for this reason, said to be the most important
phase in the negotiating process because, without them, there
would be no negotiating process. In particular, the pre
negotiations that will lead to successful negotiations are
oftentimes those where most of the work has been properly done. In
fact, as Gretchen Sidhu states, the negotiation phase is nothing
but a phase in which “all the participating governments finally
reach agreement on the exact wording of all portions of the text.”6
The goal of pre negotiations, as Geoff Berridge states, is to
establish “that substantive, around-the-table negotiations are
worthwhile, and then to agree the agenda and the necessary
procedures for tackling it.”7 It must be acknowledged that pre5 Brigid Starkley et al., International Negotiation in a Complex World, 2nd edition, Plymouth, The Rowman & Littlefield Publishers, Inc., 2010, ch.16 Gretchen Sidhu, Intergovernmental Negotiations and Decision Making at the United Nations: A Guide. Second Updated Edition, New York and Geneva, UN Non-Governmental Liaison Service (NGLS), 2007, p. 217 Berridge, Diplomacy, Theory and Practice, 2010, p. 27
4
Marco Albonico 000041018 Diplomacy’s Final Essaynegotiations constitute a very delicate and time-consuming
process. They often represent, as Harold Saunders correctly puts
it, a “complicated and delicate matter”, but if they are well
managed and conducted, they will prove to be vital for the outcome
of negotiations, as they will make it easier to reach an agreement
once negotiations have begun.8 Pre negotiations are crucial because
it is during this phase that countries form coalitions and actors
“harness the power of allies to enhance a negotiating position.”9
Two further aspects which are to be considered when evaluating
the outcomes of multilateral diplomatic conferences involve venue
and participation. These two elements are vital components of pre
negotiations and are crucial to making talks work. For instance,
picking the right venue is important because not all cities “have
the communication systems, hotel space, and pools of qualified
interpreters to cope with the huge size of many of these
conferences.”10 In addition, picking a particular location might be
of symbolic importance, because it shows that the party which
suggested hosting a Conference is relevant and willing to take the
lead in negotiations.11 However, as Barston argues, states may
8 Harold Saunders, ‘We need a larger theory of negotiation: the importance of prenegotiation phases’, Negotiation Journal, Vol. 1, 1985, p. 2499 Starkley et al., International Negotiation in a Complex World, 2010, p. 4410 Berridge, Diplomacy, Theory and Practice, 2010, p. 14811 Saunders, ‘We need a larger theory of negotiation’, 1985, p. 250
5
Marco Albonico 000041018 Diplomacy’s Final Essaydevelop stakes as a result of initiating or hosting a diplomatic
multilateral conference, and by doing so, they may fail to develop
a negotiating text which is seen to be “neutral” or distinctive
from any texts sponsored by a group or delegation, thus creating
substantial conflict and deadlock among Parties, resulting in a
loss of “momentum.”12
Parallel to the question of venue, participation is an
important component of pre negotiations. As Berridge suggests,
one needs to take into account the question of who should be
invited, because it acknowledges that the invitee is crucial to
the outcome of the conference.13 In order to be successful,
international environmental pre negotiations, as Barston
emphasizes, need to be conducted at a bureaucratic and technical
level, and not at a political level.14 Similar to Berridge, Sir
Ivor Roberts stresses that pre negotiations, ranging from picking
a certain venue to deciding whom to invite, are all vital elements
in that they “often enhance the likelihood of agreement being
reached.”15 To give an example, picking Botswana as the location
for the 1983 meeting which led to the signature of the Convention
12 R.P. Barston, Modern Diplomacy, Harlow, Pearson Longman, 2006, pp. 160-16113 Berridge, Diplomacy, Theory and Practice, 2010, pp. 148-14914 Barston, Modern Diplomacy, 2006, p. 15415 Ivor Roberts, Satow’s Diplomatic Practice, Sixth Edition, Oxford, Oxford University Press, 2009, p. 523
6
Marco Albonico 000041018 Diplomacy’s Final Essayon Endangered Species was crucial in facilitating the agreement,
in that the venue assisted the publicity of the conference.16
Having discussed the literature on the importance of pre
negotiations, the goal of this section is to analyse the scope and
the functions of the UNFCCC Secretariat, because it helps us
understand the role that the UN plays as a facilitator in climate
change conferences, especially with regard to pre negotiations.
However, in order to appreciate how the Secretariat operates, it
is necessary to provide a brief historical excursus. The UNFCCC
Secretariat was set up in 1996 “to support action under the
Convention” – the UNFCCC.17 The UNFCCC is an international treaty
which countries joined in 1992 at the Rio Summit to consider what
they could do to limit global temperature increases and,
ultimately, climate change.18 As Parties to the Convention had
realized that the Convention, by itself, was not enough to tackle
climate change, they launched a process of negotiations in order
16 See, for instance, Klaus Aurisch, ‘The Art of Preparing a Multilateral Conference,’ Negotiation Journal, Vol. 5, No. 3, 1989, p. 28317 UNFCCC, ‘Background on the UNFCCC: The international response to climate change’, available at<http://unfccc.int/essential_background/items/6031.php> (March 24, 2012) 18 Michael Grubb et al., The Kyoto Protocol: A guide and Assessment, London, Royal Institute of International Affairs, 1999, p. 36
7
Marco Albonico 000041018 Diplomacy’s Final Essayto strengthen and coordinate the global response to climate
change.19
The background to the UNFCCC having been introduced, it is
important to focus on how its Secretariat facilitates climate
change negotiations. The Secretariat makes, for instance,
practical arrangements for the organization of sessions of the
Convention and it supports negotiations, by coordinating all
institutions involved in Climate Change negotiations, such as the
Conference of the Parties (COP), the subsidiary bodies (whose goal
is to advise the COP), and the COP Bureau, which basically deals
with organizational and procedural issues. In addition to this, it
also prepares and manages official documents and drafts upon which
Parties will draw during official negotiations.20
Now that the Conferences of the Parties have been introduced,
it is necessary to briefly explain what they are. It is
fundamental to do so for two reasons. Understanding what the COPs
are is essential to have a better comprehension of the context and
the ways in which the Secretariat facilitates ‘successful’ climate
change negotiations. An introduction to them is also important as19 UNFCCC, ‘Background on the UNFCCC: The international response to climate change’, available at<http://unfccc.int/essential_background/items/6031.php> (March 24, 2012)20 UNFCCC , ‘History of the Secretariat’, available at <http://unfccc.int/secretariat/history_of_the_secretariat/items/1218.php> (March9, 2012)
8
Marco Albonico 000041018 Diplomacy’s Final Essaythe next sections will focus on COP 15 (Copenhagen), which will be
contrasted with COP 17 (Durban).21 The Conferences of the Parties
are the primary decision-making body within the UNFCCC. The COPs
usually meet once a year “to review Convention implementation and
to take decisions on how to improve the implementation process.”22
What this means is that Parties to the UNFCCC meet every year in
order to discuss and negotiate agreements whose ultimate goal is
to reduce greenhouse gas emissions and consequently climate
change.23 Having introduced the COPs and the goal of the
Convention, this essay defines as successful any COP which
formally adopts any decisions contributing to the implementation
of the Convention.24
However, since climate change is a very complicated technical
issue, and the interests at stake are always conflicting,25 the21 COP 17 Durban represents the most recent COP, the first COP having taken placein Berlin in 199522 United Nations Environment Programme, Guide for Negotiators of Multilateral Environmental Agreements, 2007, p. 14, available at <http://www.unep.org/DEC/docs/Guide%20for%20Negotiators%20of%20MEAs.pdf> (March 17, 2012) 23 The goal of the UNFCCC is clearly laid out in Article 2 of the Convention: “The ultimate objective of this Convention...is to achieve...stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. Such a level should be achieved within a time frame sufficient to allow ecosystems to adapt naturally to climate change, to ensure that food production is not threatened and to enable economic development to proceed in a sustainable manner.”24 Conversely, negotiations will be considered a ‘failure’ if the Parties’ decisions are not formally adopted by the Conference of the Parties (COP), whichis, as previously seen, the primary decision-making body within the UNFCCC25 Climate change negotiations require a pool of experts, an “epistemic community”, as Peter Haas calls it, due to the technical nature of the problem
9
Marco Albonico 000041018 Diplomacy’s Final EssayUNFCCC has set up, in addition to the annual COPs, further
meetings, which are to be viewed as the pre negotiations, in order
to adequately prepare for the COPs, which constitute the formal
climate change negotiations. These meetings usually take the form
of Ad Hoc Working Groups, and their role is vital because they
often produce draft decision texts which are then discussed and
evaluated during the COPs.26 This concept needs to be stressed
because it is essential to realize that negotiations do not come
out of nowhere. Most of the work, in fact, has already been done
when the Parties meet at the COPs.
This section focuses on some of the general trends
characterizing the Copenhagen’s pre negotiations to demonstrate
that, when pre negotiations are not conducted openly and under the
auspices of the UN, the actual negotiations are likely to fail.
In particular, it will show how some of the meetings which were
conducted outside the UN framework were able to block the work
undertaken under the auspices of the UN, and were not only
and its specificity. What complicates the issue is the fact that developed and developing countries realize that climate change needs to be tackled, but they accuse each other of being responsible for it, thus making cooperation difficult. For the challenges of climate change for international cooperation see, for instance, World Development Report, The State in a Changing World, Oxford, Oxford University Press, 1997, p. 13826 See for instance International Institute for Sustainable Development, ‘UNFCCC Parties agree on Additional Meeting Sessions before COP 16’, 12 April 2010, available at <http://climate-l.iisd.org/news/unfccc-parties-agree-on-additional-meeting-sessions-before-cop-16> (March 9, 2012)
10
Marco Albonico 000041018 Diplomacy’s Final Essayresponsible for the loss of “momentum” during the Copenhagen’s pre
negotiations, but also during the actual negotiations themselves.27
The first round of Copenhagen’s pre negotiations started on 29
March and ended on 8 April 2009, and was divided into two Ad Hoc
Working Groups.28 The first one focused on how to adapt to climate
change impacts, by taking into consideration aspects such as the
governance of finances, whereas the other discussed issues of
technology cooperation between developed and developing countries,
as well as such problems as deforestation in several developing
countries. The then Executive Secretary of the UNFCCC, Yvo de
Boer, was particularly pleased with the status of the pre
negotiations, stating that “this is important progress given the
very limited time negotiators have to get to an agreed outcome in
Copenhagen in December this year.” 29
This climate of optimism continued during the second round of
meetings in Bonn from 1 to 12 June 2009 which, in addition to the
AWG-LCA and the AWG-KP, also saw the presence of the Subsidiary27 It will be pointed out how some of the meetings, which were conducted outside the UN framework and in a climate of “secrecy”, created mistrust among UN Parties, reflecting itself in the failure of the official negotiations.28 The first is the Ad Hoc Working Group on Long Term Cooperative Action under the Convention (AWG-LCA). The second group is the Ad Hoc Working Group for Further Commitments for Annex 1 Countries Under the Kyoto Protocol (AWG-KP).29 UNFCCC, ‘Progress at Bonn Climate Change Talks signals start of serious negotiation,’ 8 April 2009, available at <http://unfccc.int/files/press/news_room/press_releases_and_advisories/application/pdf/20090804_closing_pr_bonn.pdf> (March 24, 2012)
11
Marco Albonico 000041018 Diplomacy’s Final EssayBody for Scientific and Technological Advice (SBSTA) and the
Subsidiary Body for Implementation (SBI), which all produced key
draft texts that would be discussed at Copenhagen. The meeting,
which saw the participation of over 4,600 participants – including
government delegates, representatives from business and industry,
research institutions and environmental organizations – was so
promising that an ambitious and effective agreement in Copenhagen
was in sight.30
However, very little progress was made during the third
meeting, because developed industrialized countries were not
willing to agree to meaningful emission reduction targets and were
not being clear about their willingness, or lack thereof, to help
developing countries adapt to climate change. “In the context of
the G8 and Major Economies Forum, I see a group of countries
considering actions that would allow them to profit from the boom
in clean technology,” said former UN climate chief Yvo de Boer.
“The question is how all nations can profit from this development.
Poorer countries risk being left by the wayside without access to
technology and finance.”31 30 UNFCCC, ‘Progress made in Negotiations for Ambitious and Effective Copenhagen Deal at Bonn UNFCCC meeting,’ 12 June 2009, available at <http://unfccc.int/files/press/news_room/press_releases_and_advisories/application/pdf/091206_closing_pr_sb30.pdf> (March 24, 2012)31 UNFCCC, ‘Negotiators Get Down to Practicalities at Bonn UNFCCC Meeting, But Negotiations Have Yet to Pick Up Speed,’ available at
12
Marco Albonico 000041018 Diplomacy’s Final Essay
Clearly, the decline in the pre negotiations’ progress within
the UN framework needs to be analysed in the light of, and in
tandem with a parallel less transparent series of meetings between
developed countries or within fora regrouping and representing
developed countries, at the expense of developing countries.
Contrary to President of COP 15 (Copenhagen), Connie Hadegaard -
who preferred a UN framework within which to conduct the pre
negotiations - Danish Prime Minister Bo Lidegaard had very little
trust in the UNFCCC process,32 pushing instead for bilateral
negotiations between developed countries. Under this new logic,
Lidegaard was invited as COP President at the G8 Summit in Italy
in July 2009,33 which clearly explains why the UNFCCC process would
be slackened at Bonn the next month.
The fourth and the fifth round of pre negotiation meetings saw
some progress but were unable to solve important issues which
would prevent Copenhagen from being successful. In all this, the
role of the UNFCCC Secretariat was to facilitate the talks, for
<http://unfccc.int/files/press/news_room/press_releases_and_advisories/application/pdf/20091408_closing_pr_august_2009.pdf> (March 24, 2012)32 Per Meilstrup, ‘The Runaway Summit: The Background Story of the Danish Presidency of COP15, the UN Climate Change Conference,’ in Nanna Hvidt and HansMouritzen, Danish Foreign Policy Yearbook 2010, Copenhagen, Danish Institute for International Studies (DIIS), 2010, pp. 123-12433 For an overview of the Summit, see ‘G8 From La Maddalena to L’Aquila Summit 2009,’ available at <http://www.g8italia2009.it/G8/G8-G8_Layout_locale-1199882089535_Home.htm > (March 25, 2012)
13
Marco Albonico 000041018 Diplomacy’s Final Essayinstance by collaborating with the Inter-Governmental Panel on
Climate Change, often by acting as a “tractor” trying desperately
to push the pre-negotiations forward. During the fourth meeting in
Bangkok (28 September-October) countries made little progress on
the issue of mid-term emission reduction targets for
industrialized countries.34 The same issue, together with the lack
of agreement over how to help developing countries adapt to
climate change, paralyzed the Barcelona meetings (November 2009),
the last round of pre negotiations before Copenhagen. Referring to
these two problems, UNFCCC Executive Secretary warned, “Without
these two pieces of the puzzle in place, we will not have a deal
in Copenhagen.”35 This clearly explains that, a month away from the
start of COP 15, it did not look like Copenhagen would succeed.
Starting in the summer of 2009, these “secret” meetings taking
place outside the UN framework went on until the start of the
Copenhagen’s negotiations.36 Interestingly enough, a week prior to
the start of COP 15 and a latere of a secret meeting with 2534 UNFCCC, ‘UN Climate Change Negotiations Result in More Clarity on “bricks and mortar” of Copenhagen agreed outcome, but decision on finance and mid-term targets remain outstanding,’ 9 October 2009, available at <http://unfccc.int/files/press/news_room/press_releases_and_advisories/application/pdf/closing__pr_bangkok_sept_2009.pdf> (March 25, 2012)35 UNFCCC, ‘UNFCCC Executive Secretary: Governments can and must deliver strong Copenhagen deal,’ 6 November 2009, available at <http://unfccc.int/files/press/news_room/press_releases_and_advisories/application/pdf/closing_pr_barcelona.pdf> (March 25, 2012)36 Meilstrup, ‘The Runaway Summit,’ 2010, p. 127
14
Marco Albonico 000041018 Diplomacy’s Final Essaydeveloped countries, Ledegaard discussed and negotiated a text37
which he hoped would be adopted at Copenhagen. Yet, the text,
which was leaked on the second day of the negotiations to the
British newspaper The Guardian, infuriated developing countries, who
felt betrayed by such an “unfair” text. In fact, not only had they
been excluded by the negotiating process, but the text would also
work to the advantage of developed industrialized countries and
put to an end the role of the UN in climate change negotiations.38
The UNFCCC Executive Secretary was very worried about
Lidegaard’s management of the negotiations. In particular, he
feared that the “Danish text” would have a terrible impact on the
negotiations, in addition to destroying the pre negotiations
conducted within the UN framework: “the Danish text destroyed two
years of effort in one fell swoop. All our attempts to prevent the
paper happening failed. The meeting at which it was presented was
unannounced and the paper unbalanced.”39 As Martin Khor stresses,37 The “Danish Text” is available at <http://www.guardian.co.uk/environment/2009/dec/08/copenhagen-climate-change> (March 25, 2012)38 See John Vidal, ‘Copenhagen climate summit in disarray after “Danish text” leak,’ 8 December 2009, available at <http://www.guardian.co.uk/environment/2009/dec/08/copenhagen-climate-summit-disarray-danish-text> (March 25, 2012); see also John Vidal, and Dan Milmo, ‘Copenhagen: Leaked draft deal widens rift between rich and poor nations,’ 9 December 2009, available at < http://www.guardian.co.uk/environment/2009/dec/09/copenhagen-summit-danish- text-leak> (March 25, 2012) 39 John Vidal, ‘Copenhagen climate failure blamed on “Danish text”’, 31 May 2010,available at
15
Marco Albonico 000041018 Diplomacy’s Final Essaythe meeting was not mandated by the UNFCCCC and, therefore,
developing countries warned the Danish Prime Minister not to come
up with another similar text in the later stage of the
negotiations. However, what the developing countries feared became
a reality: another “secret” text was released during the last days
of the negotiations. Once again, this text had been negotiated by
an exclusive group of countries, which undermined the UNFCCCC
multilateral and democratic process.40 Unsurprisingly, the
‘Copenhagen Accord’ was not adopted by consensus by the Parties,
causing the total ‘failure’ of COP 15.41
In addition to secrecy, it is important to acknowledge that
another contributory factor in Copenhagen’s failure was the
‘political’ aspect of Copenhagen’s negotiations. Copenhagen was
the first time - in the history of UN climate change negotiations
- that so many heads of state took the lead in the talks. As De
Boer stressed in a confidential letter, the early arrival of heads
of states “did not have the catalytic effect that was hoped for.
<http://www.guardian.co.uk/environment/2010/may/31/climate-change-copenhagen-danish-text> (March 25, 2012)40 Martin Khor, ‘Blame Denmark, not China, for Copenhagen failure,’ 28 December 2009, available at<http://www.guardian.co.uk/commentisfree/cif-green/2009/dec/28/copenhagen-denmark-china> (March 25, 2012)41 The failure of Copenhagen has been assessed on the basis of the goals of the COPs and of the definition of ‘success’ and ‘failure’ provided in this essay. See page 6, in particular footnote no. 24
16
Marco Albonico 000041018 Diplomacy’s Final EssayThe process became paralyzed. Rumor and intrigue took over.”42 In
particular, the heads of state contributed to a loss of
“momentum” as they took over the negotiations, which became a
‘political arena’ where heads of state rather than diplomats and
ministers were leading the negotiations, and they lacked crucial
expertise in the field.43 Copenhagen, whose failure can be in part
attributed to the fact that diplomats were not given the chance to
take an active role in the negotiations, thus suggests the need
for a continued use of diplomats in climate change negotiations.
This section emphasizes the opposite case, i.e. an example of
successful pre negotiations undertaken under the auspices of the
UN. In particular, it will focus on the role of the UNFCCC
Secretariat in facilitating the Durban’s pre negotiations.
However, since it is not possible, for obvious reasons, to cover
all of the meetings from COP 16, which was held in Cancun, to COP
17 (the Durban Conference),44 this section will focus on the
Transitional Committee meetings whose goal was to work on the
Green Climate Fund (GCF). The GCF was established at the sixteenth
42 Vidal, ‘Copenhagen climate failure blamed on “Danish text”’, 2010, available at<http://www.guardian.co.uk/environment/2010/may/31/climate-change-copenhagen-danish-text > (March 25, 2012)43 Notes based on a conversation with anonymous official. London, 28 March 2012. 44 Over 105 meetings were led over this time period. See UNFCCC, ‘Calendar’, available at <http://unfccc.int/meetings/unfccc_calendar/items/2655.php?year=2011> (March 9, 2012)
17
Marco Albonico 000041018 Diplomacy’s Final Essaysession of the Conference of the Parties in Cancun, which decided
that it should be designed by a Transitional Committee (TC)
comprising 40 members, with 15 members from developed countries
and 25 from developing countries.45 The Secretariat would play a
crucial role in this, as its task was to make arrangements with
United Nations agencies to second staff to support the Committee.
The TC needed, in particular, to recommend to the Durban’s COP
documents which would enable Durban to make the Fund operational.
As a result of this, the TC met four times between Cancun and
Durban. The first meeting was held on 28 and 29 April 2011 in
Mexico City; the second on 13 and 14 July 2011 in Tokyo; the third
one took place on 11-13 September 2011 in Geneva; whereas the
fourth was held on 16-18 October 2011 in Cape Town.46 These dates
need to be stressed because it is important to realize that, in
order to discuss one particular item which would be debated at
Durban, it took the Parties 7 months, which clearly shows that,
45 FCCC/CP/2010/7/Add.1, ‘The Cancun Agreements: outcome of the work of the ad hoc working group on long-term cooperative action under the convention,’ available at <http://unfccc.int/resource/docs/2010/cop16/eng/07a01.pdf#page=2> (March 17, 2012)46 FCCC/CP/2011/6, ‘Report of the Transitional Committee for the design of the Green Climate Fund. Note by the Co-Chairs of the Transitional Committee,’ available at <http://unfccc.int/resource/docs/2011/cop17/eng/06.pdf> (March 17, 2012)
18
Marco Albonico 000041018 Diplomacy’s Final Essaywithout all of this “backstage” work, the Green Climate Fund could
not have been made operational at Durban.47
The progress which was made from the first meeting to the last
meeting was enormous. The Parties gathered, in fact, during the
first meeting having an idea about the structure of the gathering,
but having no idea whatsoever about the content of it.48 Steps
forward could be seen already from the second meeting, where a
“draft instrument for the establishment of the Green Climate Fund”
was introduced.49 The third meeting, held in Geneva, was the most
productive. It was preceded by a workshop on the role of the Green
Climate Fund in fostering transformational change, engaging civil
society and leveraging the private sector, and it saw the
participation of delegates from UN member countries, UN
organizations and specialized agencies, intergovernmental
organizations, and non-governmental organizations.50
47 See UNFCCC, Durban, ‘Launching of the Green Climate Fund,’ available at <http://unfccc.int/files/meetings/durban_nov_2011/decisions/application/pdf/cop17_gcf.pdf> (March 9, 2012)48 TC-1/1, ‘Provisional agenda for the initial meeting of the Transitional Committee for the design of the Green Climate Fund’, 13 April 2011, available at<http://unfccc.int/files/cancun_agreements/green_climate_fund/application/pdf/tc1_2_annotations_provisional_agenda_.pdf> (March 18, 2012)49 TC-2/5/Rev.1, ‘Report of the Second Meeting of the Transitional Committee for the design of the Green Climate Fund’, 6 October 2011, available at <http://unfccc.int/files/cancun_agreements/green_climate_fund/application/pdf/tc2_5.pdf> (March 18, 2012)50 TC-3/4, ‘Third Meeting of the Transitional Committee for the Design of Green Climate Fund:1-13 September 2011’, 10 October 2011, available at <http://unfccc.int/files/cancun_agreements/green_climate_fund/application/pdf/lop_3rdtc_meeting_geneva_for_posting.pdf> (March 18, 2012)
19
Marco Albonico 000041018 Diplomacy’s Final Essay
Geneva was successful for several reasons. First, all major
countries were present and represented in a city which was seen as
impartial and not “political”. Second, the UNFCCC Secretariat
contributed to its success as it had sent out draft texts which
would be discussed at Geneva as early as July 2011, so that these
texts could be revised twice by the time the Parties had met in
Geneva. Finally, the fact Geneva was chosen as a venue was
fundamental in that it was “easy to move participants around” and
because the city, being located close to Bonn (Germany), could be
easily reached by a number of climate change experts directly from
the UNFCCC Secretariat located in Bonn. By being in Switzerland,
then, the venue was seen as an impartial city, caring more about
the environment than politics.51
The final meeting was dedicated to polishing the draft text
which would be presented at Durban and established a number of
items to make the Fund operational, such as a Board, a Secretariat
and a Trustee. It also laid out the Fund structure and contained
precise information about the eligibility of Countries to receive
sources from the Fund.52 Members of the Committee had worked so51 Notes based on a conversation with anonymous official. Interviewed by Marco Albonico. London, 28 March 201252 FCCC/CP/2011/6, ‘Report of the Transitional Committee for the design of the Green Climate Fund. Note by the Co-Chairs of the Transitional Committee’, 18 November 2011, available at <http://unfccc.int/resource/docs/2011/cop17/eng/06.pdf> (March 17, 2012)
20
Marco Albonico 000041018 Diplomacy’s Final Essayhard that the United Nation’s climate chief, Christiana Figueres,
was positive that “the UN Climate Change Conference [in Durban]
will both consider and approve the document as it now stands.”53
Durban turned out exactly as Figueres had foreseen, as the GCF
was made operational. However, the adoption of the GCF was not
immediate. In fact, it was not made operational until the last day
of the Conference, when Connie Hedegaard, the EU’s climate change
diplomat, was able to overcome the US’s and Israel’s opposition to
the Fund: “In doing so, Hedegaard saved the UN process of
negotiations, which without a deal at Durban would have fallen
apart.”54 Durban thus shows that, when official negotiations begin,
much of the work has already been done. As a consequence, it
supports Sidhu’s argument - mentioned earlier in the literature
review and stressing the importance of pre negotiations - as
official negotiations to him represent a formal gathering which
could not succeed without the “backstage” work behind it.55 Yet,
Durban also demonstrates that, when undertaken openly and under
53 UNFCCC, ‘Cape Town meeting provides governments with opportunity to make real progress on Green Climate Fund at COP17 in Durban’, 21 October 2011, available at <http://unfccc.int/files/press/news_room/press_releases_and_advisories/application/pdf/press_release_20112110.pdf> (March 18, 2012)54 Fiona Harvey, ‘Durban talks: How Connie Hedegaard got countries to agree on climate deal’, The Guardian, 11 December 2011, available at <http://www.guardian.co.uk/environment/2011/dec/11/connie-hedegaard-durban-climate-talks> (April 10, 2012)55 Sidhu, Intergovernmental Negotiations and Decision Making at the United Nations: A Guide, 2007, p. 21
21
Marco Albonico 000041018 Diplomacy’s Final Essaythe auspices of the UN, pre negotiations are likely to contribute
to the success of the actual negotiations. Furthermore, the
Durban’s negotiations suggest that, even though the “backstage”
work is necessary, it is not sufficient for the ‘success’ of the
talks. The GCF could not have been implemented without Hedegaard,
which suggests the need for diplomats for the ‘success’ of the
negotiations. In this case, COP 17 has been considered successful
because the COP has been able to adopt and make the GCF
operational, thus contributing to the implementation of the
Convention itself.
This last section addresses the importance of logistics, which
is too often not taken into consideration when examining the
success or the failure of multilateral conferences. In more
detail, it briefly looks at how the logistics behind the
Copenhagen and Durban meetings were managed.
With respect to Copenhagen, the UNFCCC Secretariat played a
crucial role in facilitating the negotiations from a logistics
point of view. In fact, it is not an exaggeration to state that it
played even a bigger role than in Durban,56 as the Conference
hosted more than 40.000 people, representing governments, NGOs,
56 In Durban, ‘13389 picked up their badges.’ (Correspondence between the UNFCCC Press Office and the author. 16 February 2012)
22
Marco Albonico 000041018 Diplomacy’s Final EssayIGOs, faith-based organizations, media and UN agencies, which had
all applied to the UNFCCC Secretariat for accreditation.57 The
Secretariat also helped from a logistics point of view by
providing useful information about visa requirements,
accommodation and shuttle services, which all contributed to
facilitating the negotiations.58
Since the UNFCCC Secretariat was involved in the management of
the logistics, one could put the blame on it for the failure of
the Copenhagen’s negotiations. However, such a conjecture is not
only inaccurate, but it also does not reflect the reality of the
events for two reasons. The first reason does not involve
logistics. As demonstrated earlier, Copenhagen’s failure can be
largely attributed to the Danish Prime Minister/COP President, who
did not follow the “rules of procedure”59 – both during the pre
negotiations and the negotiations themselves – by introducing
57UNFCCC, ‘Copenhagen Climate Change Conference-December 2009’, available at < http://unfccc.int/meetings/copenhagen_dec_2009/meeting/6295.php> (March 25, 2012)58 For a detailed list of how the UNFCCC Secretariat managed the Copenhagen’s logistics, thus facilitating the negotiations, check UNFCCC, ‘Copenhagen ClimateChange Conference-December 2009’, Logistics, available at<http://unfccc.int/meetings/copenhagen_dec_2009/meeting/6295/php/view/logistics.php#logistics3> (March 25, 2012)59 See Interview with Denmark’s Prime Minister Lars Lokke Rasmussen, ‘COP15: We will not just discuss procedure’, available at <http://www.theecologist.org/tv_and_radio/tv/383189/cop15_we_will_not_just_discuss_procedure.html> (March 25, 2012)
23
Marco Albonico 000041018 Diplomacy’s Final Essayinstead secret “texts from the sky,”60 thus ignoring the
transparent UNFCCC rules,61 and by turning Copenhagen into a
‘political’ arena with little room for diplomats. In fact, UNFCCC
Executive Secretary had warned the COP’s President to follow
procedure and to act according to a transparent and democratic
process.62 The second reason regards the fact that the UNFCCC
Secretariat can only facilitate the logistics,63 but cannot
overcome structural logistical problems regarding the venue itself
– the city of Copenhagen – which, due to its small size, was not
able to “keep up with the high number of delegates,”64 thus
contributing to Copenhagen’s lack of success.65
As for Durban, the UNFCCC Secretariat played a crucial role in
the logistics’ management, as it decided, upon the submission of
an application, which Parties and Observer states, IGOs, civil60 Meilstrup, ‘The Runaway Summit’, 2010, p. 13061 Rasmussen, who did not seem to show great understanding of the rules of procedures, contributed, in this way, to creating a “chaos” in Copenhagen. See ‘Why did Copenhagen fail to deliver a climate deal?’, BBC News, 22 December 2009, available at <http://news.bbc.co.uk/1/hi/8426835.stm> (March 25, 2012) 62 See the ‘Extracts from the confidential letter sent by UN climate chief Yvo deBoer to “colleagues and friends”’ in the UN in the days after the Copenhagen climate change summit ended”, available at <http://www.guardian.co.uk/environment/2010/may/31/climate-change-copenhagen-danish-text> (March 25, 2012)63 As seen earlier, the UNFCCC facilitated the logistics, for instance, by managing the accreditation process and by providing useful information regardingaccommodation, transportation, visas, etc.64 Notes based on a conversation with anonymous official. Interviewed by Marco Albonico. London, 28 March 201265 It is important to distinguish the subtle difference between ‘lack of success’and ‘failure’. The logistics, in the case of Copenhagen, contributed to a ‘lack of success’, not to its ‘failure’.
24
Marco Albonico 000041018 Diplomacy’s Final Essaysociety and media members could take part in the Conference.66 In
addition to that, it also worked in cooperation with the
government of South Africa to assist in locating and booking hotel
accommodation and transportation.67 Furthermore, the Secretariat
provided useful information about medical insurance and about the
participants requiring visas and those who were instead exempted.68
It is important to acknowledge that these elements were not the
ultimate reason causing Durban’s success. It would be too
simplistic, in fact, to argue so. However, one needs to take them
into account because they undoubtedly played a role in
facilitating the Durban’s negotiations.
As Ronald Peter Barston stresses, picking the right venue is
crucial for the success of an international conference.69 In
particular, picking Durban turned out to be a success as the
Conference was held at the International Convention Center (ICC),
which ranks among the world’s top 10 convention centers and which
was nominated the most environmentally-conscious Congress Centre
66 UNFCCC, ‘Parties and Observers’, available at <http://unfccc.int/parties_and_observers/items/2704.php> (March 9, 2012)67 COP17/CMP7 United Nations Climate Change Conference 2011 Durban South Africa, ‘Accommodation’, available at <http://www.cop17-cmp7durban.com/en/durban/accommodation.html> (March 9, 2012)68 UNFCCC, Durban Climate Change Conference-November/December 2011, ‘Logistics’, available at <http://unfccc.int/meetings/durban_nov_2011/meeting/6245/php/view/logistics.php c > (March 9, 2012)69 R.P. Barston, Modern Diplomacy, Harlow, Pearson Longman, 2006, p. 52
25
Marco Albonico 000041018 Diplomacy’s Final Essayby the European Inventive and Business Travel and Meetings
Exhibition.70 One can see how, in the case of Durban, picking the
right venue turned out to be crucial for the outcome of the
Conference. In addition to Durban’s flagship conference venues,
its “transport infrastructure and accommodation options have
positioned the city as the ideal host for COP17.”71 As it is by now
clear, the city’s infrastructure and its accommodation options did
not cause Durban to be successful per se, but it did, to a certain
extent, contribute to it.
This essay has sought to analyse the role of the United
Nations (UN) as a facilitator in ‘successful’ climate change
negotiations. The first part explained in what ways pre
negotiations play a crucial role vis-à-vis the success or the failure
of international multilateral conferences. The second section
provided a background to the United Nations Framework Convention
on Climate Change (UNFCCC), and in particular it focused on some
of the tasks that its Secretariat undertakes, to show how it is
involved in the process of facilitating the ‘success’ of the
Climate Change Conferences of the Parties (COPs). The essay then70 ICC Durban, ‘About the Durban ICC’, available at <http://www.icc.co.za/About/AboutTheICC.aspx> (March 9, 2012)71 COP17/CMP7 United Nations Climate Change Conference 2011 Durban South Africa, ‘Conference Venue’, available at <http://www.cop17-cmp7durban.com/en/logistics/conference-venue.html> (March 9, 2012)
26
Marco Albonico 000041018 Diplomacy’s Final Essaycompared and contrasted the Copenhagen’s and the Durban’s pre
negotiations to demonstrate that, when climate change pre
negotiations are conducted openly and under the auspices of the
UN, they will contribute to the ‘success’ of the actual COPs. It
then showed that the Copenhagen’s pre negotiations were not
successful because “secret” meetings – often seeing the
participation of a small number of developed countries, at the
expense of developing countries – took place outside the UN
framework. This created a climate of mistrust that emerged at
Copenhagen, where it was not possible to maintain “momentum” in an
arena that has been defined as ‘political’ and which left little
room for diplomats.
The successful example of Durban followed. More specifically,
the essay showed how the UNFCCC Secretariat was able to
successfully lead the Durban’s pre negotiations, by focusing on
some of the meetings preceding the Durban Conference –
specifically the Transitional Committee meetings - which were
necessary to make the Green Climate Fund (GCF) operational at
Durban. However, it also addressed the fact that, without
Hedegaard, the GFC could not have been made adopted. This confirms
the argument that pre negotiations, led and conducted openly under
27
Marco Albonico 000041018 Diplomacy’s Final Essaythe auspices of the UN – in this case the UNFCCC Secretariat - are
fundamental for the outcome of the actual negotiations – the COPs.
Yet, it also suggests the continued need for diplomats in climate
change negotiations. Finally, the last section addressed the
importance of logistics for the ‘success’, or lack thereof, of the
COPs and paid attention to how the UNFCCC Secretariat acted as a
facilitator both in the case of Copenhagen and Durban, by
providing information ranging from visa issues to hotel
accommodation.
In short, it has been demonstrated that the ‘success’ of the
UN climate change negotiations is facilitated by the behind-the-
scenes-work undertaken within the open UN framework during the pre
negotiations, and to a certain extent, by the logistics behind
them. Furthermore, the examples of Copenhagen and Durban have also
suggested the need for diplomats in climate change negotiations.
28
Marco Albonico 000041018 Diplomacy’s Final Essay
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