The final outcome left most nations unhappy
The Rio+20 negotiations made no sense; the outcome even less. Every country could claim victory or defeat. In the end, the real loser was the Planet they were trying to save. Some of the key issues were turned into a convoluted text in the final outcome, “The Future We Want”.
‘Crown jewels’ of outcome document
THERE WAS NEVER A debate between developing and developed countries on whether Sustainable Development Goals (SDGs) are required for sustainable development, once the Millennium Development Goals end in 2015. In fact, the goals were one of the most anticipated outcomes of the conference. Brazil’s ambassador Raphael Azeredo called SDGs the “crown jewels” of the outcome document. Most of the debate was on identifying these goals.
The European Union and developing countries under G77+China had divergent views. Early suggestions included taking up themes like food security and energy, conducting trials in countries with different levels of development and measuring their outcome. The EU wanted SDGs to be identified by the office of the United Nations Secretary General. Developing countries wanted SDGs to be defined by the UN General Assembly. G77+China wanted that every country must have a say in identifying the goals. It suggested formation of a working group which would report to the UN General Assembly with a blueprint. The EU wanted some of the SDGs to be identified in the summit, but it was not agreeable to other nations.
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Sustainable Development Goals should be action-oriented, concise and easy to understand, besides being aspirational and global |
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For most part of the text on SDGs, it seems, the developing countries had an upper hand. The outcome document says SDGs should be action-oriented, concise and easy to understand. At the same time they should be aspirational, global and take into account different national realities, capacities and levels of development. But they should also respect national policies and priorities.
The outcome document talks of setting up a group of 30 members nominated by the member states with the aim of “achieving fair, equitable and balanced geographic representation”. The group will prepare a roadmap for SDGs and submit it to the General Assembly in its next session, starting on September 24.
While Indian negotiators maintain that the process of setting up SDGs was necessary as every country can have a say in its formulation, civil society and activists think the process is bureaucratic and cumbersome. Kumi Naidoo of Greenpeace International said it may be a good idea to introduce SDGs that are universally but not legally binding. But in Rio “they have not even been able to make progress on agreeing on the themes for the goals. All that they have produced is an inadequate and complicated process for further discussions,” he says.
A step backward
GOING TO RIO+20, the member countries knew there would be tough negotiations on finance and technology, and the means to implement SDGs. Means of implementation has always been a sticky subject in climate change negotiations, where developed countries do not transfer green technology to developing countries on the pretext that the current intellectual property regime does not allow them to do so. Finance, too, has been a controversial subject. Rich countries have always promised money but never revealed how much of it is additional.
During negotiations, G77+China maintained that to keep the Rio+20 commitments, finance and technology would be a prerequisite. But the final document shows there is little that the developed world is willing to give. Developing nations asked for US $30 billion per year from 2013 to 2017 and US $100 billion from 2018 onwards. Australia, Japan, US and Switzerland opposed this, saying a conference like this was not the place to pledge money. India and other developing countries wanted the words “new” and “additional” in the finance text. But the US and other developed countries got them deleted. The only process set up was under the UN General Assembly which will find a strategy to finance sustainable development. Developing countries got nothing from these negotiations.
Issues related to technology transfer in relation to intellectual property rights did not move ahead in the final text. It notes the importance of technology transfer to developing countries using phrases such as “on favourable terms, including on concessional and preferential terms, as mutually agreed”. But this technology transfer would be contingent to treaties signed after Johannesburg Plan of Implementation, which includes TRIPPS, and advances in World Intellectual Property Rights Organisation.
In the final plenary, Bolivia along with Kenya, Venezuela, Cuba and Egypt, speaking on behalf of the Arab group, called the finance and technology section a step backward. The EU and the African countries proposed to make United Nations Environmental Programme (UNEP) into a specialised UN agency. Other developing countries opposed this as it is perceived that most policy level decisions of UNEP are dictated by the European nations. The US opposed this citing lack of funds. Instead of a specialised UN agency, it was envisaged that UNEP will have universal membership in its governing body unlike earlier when 54 nations took a three-year term each on rotation. However, UNEP will have more access to UN finance and resources, and greater engagement in the coordination bodies of the UN. The text also proposes to replace the Commission for Sustainable Development with a universal inter-governmental forum or a high-level political forum which will follow up on the implementation of sustainable development.
High seas drama sans action
THE HIGH SEAS, that area of oceans which is beyond the national territorial jurisdiction, covers half the planet’s surface area. But these global commons with significant biodiversity have no international regime to check overfishing, deep sea mining and pollution, particularly plastic. “And we are seeing devastation beyond our wildest dreams,” Alex Rogers, professor at the University of Oxford and member of the High Seas Alliance told the media gathered at Rio.
In 1982, the world agreed on the United Nations Convention on the Law of the Sea (UNCLOS), which conveniently left out the high seas from its jurisdiction. Article 87 of UNCLOS refers to the freedom of the high seas, including the freedom of fishing, and says, these “rights shall be exercised by all states with due regard for the interests of other states”. In Article 63 (2), UNCLOS leaves it to individual nations to protect even the highly migratory species—fish stocks that straddle outside the limit of the exclusive economic zone. In 1992, the Rio conference agreed to strengthen the provisions of UNCLOS. In 1995, the UN adopted an agreement for the conservation and management of straddling fish stocks and highly migratory fish stocks.
But an institutional mechanism to protect the earth’s life support system was required. It was agreed that Rio+20 provided the historical opportunity to better protect and manage the high seas. After months of difficult negotiations, the zero draft of the outcome document, which was to be finalised in Rio, included a commitment to “start negotiations of an implementation agreement to UNCLOS that would address the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction.”
But the final agreement left the high seas high and dry. It devotes an entire section on the problems of the high seas, including ocean acidification and climate change. But on the matter of the international instrument, it decided to recognise the importance of “conservation and sustainable use of marine biodiversity beyond areas of national jurisdiction”; and to “note the ongoing work under the UN General Assembly of an ad hoc open-ended informal working group to study issues relating to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction.” In this way, the agreement to begin thinking of negotiations for a global regime was deferred till the 69th session of the General Assembly, a two-three year postponement of a decision that had been already agreed upon.
This deathblow came because of the aggressive lobbying of an unusual alliance. A coalition of rich and fish-hungry countries, namely the US, Canada, Russia and Japan, worked with the Left-wing government of Venezuela to ensure that the agreement was watered down. Venezuela argued they could not support the international agreement as it had not ratified the Convention on the Law of the Seas. “But the position of Venezuela effectively broke the consensus in G77 and China and weakened support for an international regime for the protection of high seas,” say campaigners working with the High Sea Alliance.
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Rio+20 gave the opportunity to better protect and manage the high seas. But the outcome offered little on this |
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Greenpeace issued a statement saying, “the one sensible outcome that was still on the table in Rio has now also been compromised into extinction.” Others like the Pew Environment Group and members of the High Seas Alliance believe some progress has been made as the final-outcome document contains recommendations like ending overfishing, taking action to stop illegal fishing, phasing out harmful subsidies, eliminating destructive fishing practices and protecting vulnerable marine ecosystems.
The key, agree activists and governments, is to stop this “wild West mentality” on high seas. There are no rules for management and protection of the global commons. Furthermore, say activists, there is no legal means to establish marine reserves to protect biodiversity. The convention on biodiversity (CBD) has launched a process to identify mega biodiversity areas, which include the high seas. But CBD has no provision to declare marine sanctuaries. There is no enforcement against growing pollution and illegal fishing on the high seas. Non-biodegradable plastic has turned the oceans into a garbage dump. According to Natural Resource Defense Council (NRCD), a US-based group, plastic accounts for 60-80 per cent of the marine litter. It is widely accepted that a garbage patch of plastic is floating in the Pacific Ocean that is twice the size of Texas. NRCD says ocean currents converge in five large gyres where plastic gets concentrated. One of these gyres is in the Pacific Ocean. And this is not the only place in the ocean where plastic is found. This non-biodegradable material gets broken down into smaller pieces and is ingested by fish, making way into the food chain.
Oceans are now the new gold mines for deep sea minerals. This is why marine-faring governments do not want any rules over their exploitation and certainly no rules that require them to share the wealth of the commons fairly. Mining companies are vying to exploit polymetallic nodules (lumps of rocks rich in metals like manganese) and hydrothermal vents (that create sulphide deposits containing precious metals like gold and cobalt). Scientists say extraction through vents will hit ocean life. They are also concerned that illegal mining is adding to the devastation of the ocean bed. But global campaigners and members of the high seas alliance who briefed the media at Riocentro said they are not prepared to give up. “We played hard; even got to the finals; were blocked and lost. This is like giving up on the oceans. Giving up is like giving up on our own lives. This we are not prepared to do.”
Energy for all. But when and how?
ENERGY ACCESS IS THE KEY ISSUE not just for economic growth but also for poverty eradication. It is also clear that energy sources contribute to environmental unsustainability, in particular climate change. So it was widely expected that Rio+20 would make the much-needed breakthrough in the twin challenge of making energy accessible to millions without electricity, and making the transition to clean energy.
At Rio 2012, there were high expectations and a buzz in the corridor. Numerous meetings were held on the related themes of sustainable energy. The UN Secretary General’s global initiative on “Sustainable Energy for All” with its objective to meet the interlinked objectives of universal access, doubling of energy efficiency and renewable energy in the global energy mix, all by 2030, was highlighted. The initiative relies broadly on what it calls “voluntary commitments” of countries. But it hides the fact that this energy transition will cost the world some big bucks. According to the International Energy Agency, the world needs to invest over US $1.8 trillion in energy provisioning every year if it needs to meet the goal of sustainable and clean energy access for all, way above current spending. It was expected that Rio+20 would make financial commitments to reach this goal or at least suggest ways ahead.
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It was expected that Rio+20 would make financial commitments to achieve the goal of Sustainable Energy For All. But the end result was no big deal |
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But the end result was no big deal. The final days of negotiations discussed all issues, including controversial aspects of removing fossil fuel subsidies. The final agreement was to note the importance of energy access in removing poverty and also global initiative. But developing countries fought back any move to set targets on domestic energy mix, including renewables. The document recognises that countries would set priorities according to specific challenges, capacities and circumstances in determining their energy futures.
The paragraph on fossil fuel subsidies was moved to the subsection on sustainable consumption and production. It was agreed that countries “reaffirmed their commitment to phase out harmful and inefficient fossil fuel subsidies that encourage wasteful consumption and undermine sustainable development.”
But it was underlined such policies would take into “account the specific needs and conditions of developing countries, with the aim of minimising the possible adverse impacts on their development and in a manner that protects the poor and the affected communities.”
The Los Cabos G20 summit in its final declaration had already endorsed the need to phase out “inefficient fossil fuel subsidies, while providing targeted support for poor”. However, as the Indian experience shows, it is difficult for government to bell this particular cat.