25
2006 Concerning the Regulation, Evaluation, and Authorisation of Chemicals (REACH Regulation). The main contents of the act are the following: the extension of risk assessment; the extension of the duty of the manufacturer and seller of chemical materials; and the classification of chemical materials in three categories, namely those that are permitted, limited, and prevented. Korea also held the twentieth Responsive Expo for the EC’s REACH Regulation. At the exposition, recent changing trends of the management system for chemical materials after the adoption of the REACH Regulation was introduced to related industries. (7) Other At the thirty-fourth session of Antarctic Treaty Consultative Meeting, which was held in Buenos Aires, Argentina, from 20 June to 1 July, the construction plans for the second Korean research base that will be situated in the area of Terra Nova Bay in the Antarctic were accepted unanimously. It will be completed by 2014. The Act on Assistance for the Environmental Technique and Industry was legislated and entered into force on 28 April. The act introduces a system to assist various enterprises provide environmental information to the public. Under the act, enterprises shall release information about resource saving, green management plans, reduction plans for pollutants, and so on to the public. At the Executive Meeting of World Water Commission, which was held in Rome on 14-15 November, Korea invited parties to the seventh World Water Forum, which will take place in Deagu in 2015. Korea gave aid to develop a master plan to improve the environment of developing countries such as Mozambique and Algeria in 2011. The beneficiary countries reached a total number of nine. Jae-Gon Lee doi:10.1093/yiel/yvs120 15. Africa B. South Africa (1) International and Regional Developments (A) Nineteenth Session of the Commission on Sustainable Development (CSD-19) South Africa sent a strong delegation to CSD-19, which was held at the UN headquarters in New York on 2-14 May. South Africa’s broad aim at CSD-19 was to influence the negotiations to ensure that the constraints and difficulties associated with implementing the thematic areas under review could be COUNTRY / REGION REPORTS 521 at Kresge Law Library on August 23, 2014 http://yielaw.oxfordjournals.org/ Downloaded from

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Page 1: 15. Africa: B. South Africa

2006 Concerning the Regulation, Evaluation, and Authorisation of Chemicals

(REACH Regulation). The main contents of the act are the following: the

extension of risk assessment; the extension of the duty of the manufacturer

and seller of chemical materials; and the classification of chemical materials

in three categories, namely those that are permitted, limited, and prevented.

Korea also held the twentieth Responsive Expo for the EC’s REACH

Regulation. At the exposition, recent changing trends of the management

system for chemical materials after the adoption of the REACH Regulation

was introduced to related industries.

(7) Other

At the thirty-fourth session of Antarctic Treaty Consultative Meeting, which was

held in Buenos Aires, Argentina, from 20 June to 1 July, the construction plans

for the second Korean research base that will be situated in the area of Terra

Nova Bay in the Antarctic were accepted unanimously. It will be completed by

2014.

The Act on Assistance for the Environmental Technique and Industry was

legislated and entered into force on 28 April. The act introduces a system to

assist various enterprises provide environmental information to the public.

Under the act, enterprises shall release information about resource saving,

green management plans, reduction plans for pollutants, and so on to the public.

At the Executive Meeting of World Water Commission, which was held in

Rome on 14-15 November, Korea invited parties to the seventh World Water

Forum, which will take place in Deagu in 2015.

Korea gave aid to develop a master plan to improve the environment of

developing countries such as Mozambique and Algeria in 2011. The beneficiary

countries reached a total number of nine.

Jae-Gon Lee

doi:10.1093/yiel/yvs120

15. Africa

B. South Africa

(1) International and Regional Developments

(A) Nineteenth Session of the Commission on Sustainable Development

(CSD-19)

South Africa sent a strong delegation to CSD-19, which was held at the UN

headquarters in New York on 2-14 May. South Africa’s broad aim at CSD-19

was to influence the negotiations to ensure that the constraints and difficulties

associated with implementing the thematic areas under review could be

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effectively addressed. Specifically, South Africa aimed to advance the African

position, taking into account regional interests and those of developing nations

more generally. South Africa negotiated within the Group of 77 (G-77) and China

group and co-ordinated the thematic cluster of chemicals under the guidance of

the G-77 and China. The African Group was represented by Algeria in the CSD-19

Bureau.

Building on the CSD-18 ‘review’ meeting, CSD-19 was a ‘policy’ session

focusing on the five thematic clusters of transport, chemicals, waste manage-

ment, mining, and sustainable consumption and production patterns as well as

the Ten-Year Framework Programme on Sustainable Consumption and

Production (YFP-SCP). The aim was to negotiate policy decisions towards

expediting implementation of the Johannesburg Plan of Implementation’s targets

relevant to the thematic areas.

Negotiations on the CSD-19 policy recommendations were based on the

chair’s draft negotiating text. Work on the text was split between two working

groups, and negotiations during the meeting were similarly structured around

these two working groups. Working Group 1 focused on the cluster of transport,

chemicals, mining, and inter-linkages as well as cross-cutting issues including

means of implementation. Working Group 2 focused on the thematic cluster of

waste management, the YFP-SCP, and the preamble.

It was a somewhat challenging meeting with a large agenda and was char-

acterized by fierce negotiations, often between the North and South groups,

resulting, ultimately, in a lack of consensus on various issues. Throughout,

South Africa aligned itself with the G-77 and China groups. Although a

chair’s package text was proposed for adoption, no agreement on it could

ultimately be reached by the delegates. After failing to agree to suspend

CSD-19 and convene a resumed session in June, CSD-19 adjourned without

adopting an agreed outcome of policy recommendations on the thematic cluster

under review. The following three issues were central to CSD-19’s failure to

adopt decisions: peoples’ rights in occupied territories; transitioning to a cleaner

and more resource-efficient economy (green economy); and means of

implementation.

On the topic of transport, the G-77 and China stressed that transport is

‘essential’ to meeting environmental and social needs and integral to the

achievement of internationally agreed goals including poverty eradication.

They argued that developed countries should take the lead in improving the

sustainability of the transport sector and that technology transfer on mutually

agreed terms and access to reliable and affordable energy services should be

promoted in this regard. The G-77 and China further suggested new text on

ensuring safe, affordable, and efficient transportation and emphasized the finan-

cial constraints in developing countries linked to the necessity of purchasing

second-hand vehicles. There was general agreement that increased attention

should be given to African countries with regard to transport safety, health,

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and environmentally friendly infrastructure and, in particular, the need to im-

prove public transportation systems. The group agreed on a number of recom-

mendations including: encouraging the provision of basic rural transport

infrastructure and services to enhance poverty eradication; the achievement of

the Millennium Development Goals (MDGs); and improving public transport

systems in ways that link communities and facilitate access to jobs, markets, and

social services. The importance of enhancing international co-operation in trans-

port by encouraging co-operation on transport technologies as well as fostering

regional transport integration was emphasized and the role of regional and inter-

national financial institutions in providing financial support to developing coun-

tries was highlighted.

In the area of chemicals, the environmentally sound use and management of

chemicals throughout their lifecycle in accordance with the principle of sustain-

able development was promoted. Particularly relevant to South Africa, the G-77

and China emphasized that multinational industries based in developing coun-

tries should maintain cleaner and safer standards of operations and further asked

for increased financial, technical, and capacity-building support for chemicals

management. Agreement on how to achieve the goals set and funding thereof

(means of implementation), including strengthening the availability of valuable

information that would enable countries to know the data of chemicals they are

dealing with, and participating in prior informed consent (PIC) procedures, were

the bones of contention within the negotiations on this theme. A contact group

on chemicals was subsequently established to focus on areas of disagreement

including reference to a ‘green economy’ and how to capture the need for

multinational corporations to ‘maintain the same standards’ in developing coun-

tries. Lack of consensus concerning means of implementation further resulted in

an impasse in the negotiations. Other issues that remained unresolved were:

retaining specific reference to the MDGs on poverty eradication and environ-

mental sustainability and the role of the private sector in implementation and

sustainable long-term funding for sound chemicals management.

Important for South Africa and other developing nations, the working group

on waste management agreed on the need to address underlying social and

poverty issues associated with informal waste management. The G-77 and

China were active participants in the discussion on waste management, endor-

sing the inclusion of text supporting the need for intensive efforts towards cap-

acity building, financing, and transfer of technologies in developing countries.

Ultimately, no text on waste management was finalized as there were a number

of outstanding issues, but the working group reached agreement on various

policy actions including the need for long-term waste management strategies

at all levels in line with the 3R concept and best practices and the improvement

of waste management systems, infrastructure, and technology (including the

promotion of information exchange pertaining to the life cycle of products).

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With mining playing a key role in the South African economy, the session on

mining was particularly relevant. At this session, it was agreed that mining and

metals are ‘essential for modern living’ and that mining policy should be guided

by Rio Principle 2, namely that countries have the ‘sovereign right to develop

their mineral resources according to their national priorities.’ The G-77 and

China emphasized mining’s role in achieving the MDGs as well as the envir-

onmental liabilities of companies and post-mining transitions and the import-

ance of the fair distribution of benefits arising from mining. The draft decisions

promote added value at various stages of the mineral supply chain and a call for

the integration of small-scale mining into national economies, maximizing

income generation, and livelihood opportunities, while minimizing negative

environmental and social impacts. There was also a call for improved working

conditions for miners in accordance with the International Labour

Organization’s Convention on Safety and Health in Mines, an issue that is par-

ticularly pertinent in South Africa. The working group concluded with agree-

ment on the need to create links between mining and other economic, social, and

environmental sectors and to ensure that benefits from mining find their way

back to the communities. There was also agreement on the need to promote and

protect the rights of local and indigenous communities and respect for their land

rights as well as to promote participation by indigenous communities, youth, and

women. To enhance good governance, the group also agreed to recognize ini-

tiatives such as the Kimberly Process Certification Scheme.

The Ten-Year Framework of the Programme on Sustainable Consumption and

Production (YFPSCP) was viewed as a flagship project for CSD-19. The work-

ing group agreed on various policy options aimed at promoting sustainable

consumption and production, including that the program should be flexible

and respond to differing levels of development, capacity, and national owner-

ship. On the topic of financing, the G-77 and China proposed the establishment

of a trust fund to support the launch of the YFPSCP, emphasizing the need for

additional financial resources as well as the transfer of technology on favourable

terms and capacity building. Relevant to developing countries, it was further

agreed that the YFPSCP should be pursued in a way that supports new market

development opportunities for products and technologies, in particular from

developing countries. It was agreed to establish YFPSCP covering the period

2011-21, with developed countries taking the lead and all countries benefiting

from the process, taking into account the principle of common but differentiated

responsibilities. It was further recommended to develop a platform for develop-

ing countries to solicit support for their SCP programs and to encourage gov-

ernments, international financial institutions, and other stakeholders to provide

financial, technological, and capacity-building support to developing countries.

Throughout, the European Community (EC) emphasized transition to a green

economy and responsible business models. The G-77 and China objected to the

term ‘green economy,’ and it was ultimately replaced with the phrase ‘transition

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to a cleaner and more resource-efficient economy.’ In conclusion, three core

concerns contributed to the failure of CSD-19 to adopt a decision: peoples’

rights in occupied territories; transitioning to a cleaner and more resource-

efficient economy (particularly ‘green economy’); and the means of implemen-

tation (including funding). The failure of CSD-19 to adopt a negotiated outcome

dealt a blow to the standing of this UN body, signalling the need to strengthen its

negotiation role and raising concerns for the upcoming UN Conference on

Sustainable Development (Rio+20) as the YFPSCP was seen as the fundamental

building block for a transition to a green economy. Hope remained, however,

that the SCP negotiations of CSD-19 could be resurrected. From South Africa’s

perspective, the inability to reach agreement at CSD-19 placed increased pres-

sure on South Africa to prepare strong national dialogues on the key contentious

issues of sustainable consumption and production and green economy for

Rio+20. South Africa, through the African group, needs to provide concrete

proposals for an effective institutional framework for sustainable development

and formulate a clear, shared understanding of the green economy. Extensive

lobbying within the continent will be particularly important to avert a repeat of

the stalemate outcome of CSD-19, as will dialogue within the G-77 and China

about the way forward in order to avoid fragmentation of positions.

Finally, on a more positive note, despite the failure of CSD-19 to agree on an

outcome, South Africa succeeded in advancing some fundamental elements of

its policy positions, particularly in the area of chemicals, waste management,

and mining. This action included emphasis on the need for adequate information

about chemicals contained in products traded in developing nations and recog-

nition of the Kimberly process in the main report.

(B) Governing Council/Global Ministerial Environment Forum of the United

Nations Environment Programme (UNEP)

South Africa attended the twenty-sixth session of the UNEP’s Governing

Council/Global Ministerial Environment Forum, which was held in Nairobi,

Kenya, on 21-24 February. The Governing Council considered themes central

to the upcoming Rio+20 conference, which presents a major opportunity to

support the emergence of the ‘green economy’ across the globe. This environ-

ment-economy nexus was identified as a key means to successful interlinking of

the economic, environmental, and social pillars of sustainable development

within a paradigm that embraced equity and participation. Also on the UNEP

agenda was international environmental governance, which was identified as a

core necessary condition for the achievement of the green economy.

Agreement was reached in the forum on a number of important matters, and

numerous decisions were adopted. Of particular relevance to South Africa were

decisions in the area of environmental assessment, capacity building, and assist-

ance to developing countries. Governments were urged to make regular use of

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integrated environmental assessments in national and international policy pro-

cesses and to assist countries in developing their capacities to make effective use

of global knowledge and experience in scientific assessments and domestic data.

The executive director was also requested, ‘subject to resource availability’, to

strengthen assistance to developing countries to enable them to conduct neces-

sary environmental assessments and act appropriately on the findings.

Relevant to South Africa and developing countries more generally was the

emphasis on the importance of assessments for improved food security.

Governments were urged to conduct new assessments of ecosystems and use

results of prior assessments to establish priorities for development and environ-

mental protection, taking account of the key role of ecosystems and biodiversity

for promoting food security and developing sustainable food production sys-

tems. Assessments of freshwater resources and land degradation were also

encouraged as was assessment of the marine environment, ‘including socio-

economic aspects’. Overall, the need for up-to-date, scientifically credible in-

formation for policy making at all levels concerning environmental change

worldwide was emphasized. To this end, the executive director was urged to

facilitate the finalization of the fifth report in the Global Environmental Outlook

process and the summary for policy makers in time for Rio+20.

Pertinent to Africa, in the sphere of chemicals and waste management, the

executive director was requested to continue activities on lead and cadmium at

all levels, especially in developing countries and particularly in Africa, including

capacity building and raising awareness of scientific information regarding the

environmental and human health problems associated with exposure to these

metals. With regard to mercury, this effort was to occur within the framework of

the Global Mercury Partnership to strengthen developing countries’ capacities to

initiate or develop their national inventories of mercury.

Extending the theme of developing country assistance to waste management,

the executive director was requested to provide further assistance to developing

countries in strengthening their implementation of integrated waste management

and to support governmental efforts to access energy in rural areas through the

conversion of agricultural biomass waste into energy via, inter alia, developing

guidance materials, public-private partnerships, and capacity building. A further

request to the executive director was to increase capacity building and demon-

stration projects aimed at optimizing the prevention of waste, its recovery, and

recycling, as well as and the efficient use of materials and resources at the local

level in line with the Basel Convention on the Control of Transboundary

Movements of Hazardous Wastes and Their Disposal (Basel Convention) and

the Stockholm Convention on Persistent Organic Pollutants (Stockholm

Convention).

Relevant to South Africa, in the context of the global program of action for

the protection of the marine environment from land-based activities, financial

institutions were encouraged to co-ordinate their efforts to support developing

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countries in implementing marine and coastal initiatives to such ends. The

executive director was requested to organize the third session of the

Intergovernmental Review Meeting on the Implementation of the Global

Programme of Action for the Protection of the Marine Environment from

Land-Based Activities with a view to the broadest possible participation and

to engage the technical expertise of international maritime bodies, such as the

International Maritime Organization.

Finally, of particular interest to South Africa was a focus on promoting

South-South co-operation on biodiversity for development based on the recog-

nition of biodiversity as a key social, economic, environmental, financial, cul-

tural, and strategic asset for developing countries and that such co-operation can

lead to increased ownership by developing countries and facilitate cost-effective

as well as socially and culturally relevant solutions. Progress was made by the

G-77 and China in preparing a multi-year Plan of Action for South-South

Cooperation on Biodiversity for Development, which was subsequently accepted

by the CBD’s COP. The consideration by the Global Environment Facility

(GEF) of the establishment of a South-South Biodiversity Cooperation trust

for implementing the Strategic Plan for Biodiversity 2011-20 based on voluntary

contributions was further welcomed.

(C) Convention for Cooperation in the Protection and Development of the

Marine and Coastal Environment of the West, Central and Southern

African Region (Abidjan Convention)

South Africa chaired the ninth meeting of the contracting parties (COP-9) to the

Abidjan Convention, which was held in Accra from 28 March to 1 April. A

three-fold South African delegation attended the meeting, which was organized

around three axes, namely a stakeholder workshop, an experts meeting, and

ministerial discussions. The stakeholder workshop, which was opened by

South Africa as chair of the bureau, was attended by a variety of stakeholders

and discussed progress in the implementation of previous COP decisions, the

proposed 2012-15 program of work, and draft decisions submitted to the COP-9

for deliberation and adoption. Particularly relevant to South Africa was the

presentation on the state of the marine and coastal environment of the

Benguela Current Large Marine Ecosystem covering Angolan, Namibian, and

South African waters. The project aims to respond to the main threats to the

region (including Benguela Nino, the proliferation of algae, and decreased ocean

oxygenation) with the implementation of various measures by the participating

countries including the application of best practices, the conservation and sus-

tainable management of the marine and coastal environment, and the protection

of biodiversity through the creation of marine protected areas. The second axis

around which the discussions of COP-9 were articulated was the experts meeting

that brought together experts from the contracting parties to deliberate on

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progress in implementing COP-8 and to discuss COP-9 draft decisions and the

2012-15 draft work program.

The third segment of COP-9, which was chaired by South Africa, was devoted

to high-level governmental discussions between ministers to map out the way

forward for the convention for the next four years. Here, particular tribute was

paid to the government of South Africa for its tireless support to the convention.

South Africa highlighted that the Abidjan Convention was a critical platform for

the implementation of the programs of the New Partnership for Africa’s

Development and the African Ministerial Conference on the Environment and

for the protection of the marine and coastal environment. South Africa further

welcomed the revision of the emergency protocol, noting its importance in light

of the considerable damage caused by maritime transport, particularly oil pol-

lution, and stated that South Africa would re-examine and update its national

emergency intervention program for oil spills.

A number of important decisions were adopted by COP-9. At the outset, a

work program for 2012-15 was approved, focusing on the same thematic areas

as the previous 2008-11 program. Various innovations were agreed on in re-

sponse to the increase in off-shore oil exploration in Africa and the need to

prevent incidents similar to that experienced in the Gulf of Mexico. Significant

attention was dedicated to the topic of combating pollution in the case of emer-

gency. COP-9 first adopted an amendment to the convention’s protocol concern-

ing co-operation in combating pollution in case of emergency, renaming it the

Protocol Concerning Co-operation in Preventing Pollution from Ships and, in

Case of Emergency, in Combating Pollution of the Marine and Coastal

Environment of the Western, Central, and Southern African Region and insert-

ing new text. The parties further agreed to create a Regional Centre for

Cooperation in Case of Emergency with the main objectives being to develop

co-operation within the region in the field of preparedness and response to pol-

lution incidents that require emergency actions or other immediate response.

Specifically, this includes assisting countries of the region in developing their

national response capabilities and promoting dialogue aimed towards

co-ordinated actions at national and regional levels to implement the sub-

regional contingency plan. Complimenting this action, a Regional Oil Spill

Contingency Plan was adopted. The contingency plan aims to complement

existing national plans and encourages countries to promptly report oil spills

or other pollution incidents occurring in their area of responsibility and to

respond effectively through co-operative, mutual assistance.

Further key decisions included endorsement of the creation of an ad hoc

Committee on Science and Technology to provide scientific, technical, and

technological advice on the implementation of the convention, an agreement

to develop a marine protected areas protocol, and agreement on amendments to

the protocol on land-based sources and activities (which will now be subject to

internal review in each party country).

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(2) International Environmental Conventions

(A) UN Framework Convention on Climate Change (UNFCCC)

and Kyoto Protocol

South Africa was proud to host COP-17 to the UNFCCC and seventh Meeting of

the Parties (MOP-7), which took place in Durban, South Africa, from 28

November to 11 December. The conference was chaired by the South African

minister of international relations and cooperation and the South Africa delega-

tion was lead by the minister of water and environmental affairs. Four subsidiary

bodies of the UNFCCC also met: the Ad hoc Working Group on Long-term

Cooperative Action under the Convention (AWG-LCA), the Ad hoc Working

Group on the Kyoto Protocol (AWG KP), the Subsidiary Body for Implementa-

tion (SBI), and the Subsidiary Body for Scientific and Technological Advice

(SBSTA).

This was an important event for South Africa both as hosts of a key interna-

tional inter-governmental gathering (along with its associated organizational

challenges, the conference drew over 12,480 participants, including over

5,400 government officials, 5,800 representatives of UN bodies and agencies,

intergovernmental organizations, and civil society organizations, and more than

1,200 members of the media) and as a party to the UNFCCC spearheading the

promotion of domestic, regional, and African concerns and ensuring their mean-

ingful incorporation into discussions, negotiations, and subsequent agreements.

At the outset, the UNFCCC executive secretary stressed that two decisive

steps must be taken in Durban: COP-16 tasks must be completed and key pol-

itical issues from Cancun must be addressed. Unpacking these decisions, the

core challenge facing the participants of the Durban conference was to agree on,

and adopt, a decision that would lead to negotiations on a more inclusive

twenty-first century climate regime. More specifically, the task focused on

how to reconcile the looming termination of the first Kyoto commitment

period (at the end of 2012) with the challenge of codifying the 2020 pledges

that were made in Cancun in a new and inclusive instrument capable of reflect-

ing the need to capture and support different kinds of efforts in a common

framework. Thus, a major question was how best to manage the eight-year

window between the end of 2012 and 2020.

The Durban conference resulted in the adoption of nineteen COP and seven-

teen MOP decisions covering a wide range of topics as well as the approval of a

number of conclusions by the ancillary bodies. It also produced what became

known as the Durban package, which was an outcome that strengthened the

multilateral system by significantly advancing the global effort that is needed

now and set a new path for the development of a fair, inclusive, ambitious, and

legal future multilateral, rules-based climate system. Regarding current global

effort, there was agreement to a second commitment period of the Kyoto

Protocol. Parties to this second period will turn their economy-wide targets

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into quantified emission limitation or reduction objectives and submit them for

review by 1 May 2012. Future efforts will be steered by an advanced framework

for the reporting of emission reductions for both developed and developing

countries, taking into consideration the common but differentiated responsibil-

ities of different countries. The governments also agreed to the implementation

of the package to support developing nations agreed upon in Cancun. The pack-

age includes the Green Climate Fund, an Adaptation Committee designed to

improve the coordination of adaptation actions on a global scale, and a

Technology Mechanism, which are all to become fully operational in 2012.

The Durban package comprised four main elements. First, agreement was

reached on a second commitment period under the Kyoto Protocol in 2013

and various legal multilateral rules and commitments were secured in this

regard for those parties willing to participate, which included the G-77 and

China. The emissions targets for, and length of, Kyoto’s second commitment

period still need to be agreed upon, however, and the formal amendment con-

taining these will not be adopted until 2012.

Second, an AWG-LCA decision was reached that registered agreement on a

number of topics. With regard to developing country mitigation, the main issues

discussed were the level of ambition, biennial update reports, international con-

sultation and analysis, and the registry. South Africa emphasized that the regis-

try could help raise developing countries’ ambition. Agreement was reached to

encourage developing countries that have yet to submit information on nation-

ally appropriate mitigation actions to do so. Also, it was agreed to continue

workshops in 2012 to further understand the diversity of mitigation actions

and the underlying assumptions and support needed for implementing these

actions with regard to different national circumstances and capabilities of

developing country parties. It was further agreed to enhance the monitoring

and review of the effectiveness of capacity building, recognizing that it

should be continuous, progressive, and participatory as well as country-driven,

responding to national priorities and circumstances.

Third, discussion focused on the operationalization of the Green Climate Fund

(GCF). This was a particularly relevant decision for South Africa and other

developing country parties. At the outset, the Transitional Committee’s

Co-Chair (South Africa) presented the committee’s report, which included the

GCF’s draft governing instrument as a middle ground basis for launching the

GCF in Durban. The EC and African Group welcomed the report, and the G-77

and China emphasized that the GCF represents a crucial element of a solution

towards appropriate financial institutional arrangements. The main issues ad-

dressed in consultations were the fund’s legal status, the role of private sector

financing, the establishment of the board, and the process of establishing an

interim Secretariat to support the board. Importantly, for South Africa and

other developing countries, it was agreed that the head of the Secretariat

should have experience in working with developing countries. Various options

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were presented as to the host of the interim Secretariat, but no agreement was

reached. A text was agreed on, however, and was welcomed as a basis for the

GCF to ‘become the main global fund for climate finance.’ The COP decision

thus designated the GCF as an operating entity of the financial mechanism of the

UNFCCC with further arrangements to be concluded between the COP and the

fund at COP-18 to ensure that it supports programs, projects, and policies in

developing country parties.

The fourth element of the Durban package was the establishment of an ad hoc

Working Group on the Durban Platform for Enhanced Action (AWG-DP) and

the launching of a process to develop ‘a protocol, another legal instrument or an

agreed outcome with legal force under the Convention applicable to all parties’

through the AWG-DP to be adopted in 2015 and to come into effect by 2020.

This includes a work program to address increased ambition.

A range of additional decisions were taken in Durban. Several decisions

afforded priority to developing country concerns and needs—a few of those

(potentially) relevant to South Africa specifically and/or developing countries

more generally are briefly outlined. The Cancun package to support developing

nations included the establishment of an Adaptation Committee. The COP-17

decision adopted modalities and rules of procedure for the Adaptation

Committee. The committee will report to the COP on its efforts to improve

the co-ordination of adaptation actions at a global scale. Its objective is to

ensure that the adaptive capacities of primarily the poorest and most vulnerable

countries are strengthened. National adaptation plans will play a key role in

identifying such countries, enabling developing countries to assess and reduce

their vulnerability to climate change. The most vulnerable will then receive

better protection against loss and damage caused by extreme weather events

related to climate change. The G-77 and China emphasized the need for national

adaptation plans to be flexible and country-driven. The COP decision agreed that

the national adaptation plan process should desist from being prescriptive and

should rather facilitate country-driven and country-owned action. Processes

were also outlined to enable least developed countries (LDCs) to formulate

and implement the plans including sections on guidelines, modalities, and finan-

cial arrangements. Regarding the latter, the decision requested the GEF, through

the LDC fund, to consider how to enable activities for the preparation of national

adaptation plans. Developing country parties that are not LDCs requested that

the Adaptation Committee assist such countries in planning and implementing

their national adaptation plans.

A further key aspect of the Cancun package was the Technology Mechanism,

which includes the Technology Executive Committee (TEC) and the Climate

Technology Centre and Network (CTCN). At the Durban conference, the G-77

and China urged parties to define the governance structure of the mechanism. On

criteria to evaluate and select the host of the Climate Technology Center (CTC),

delegates addressed matters including the selection timeline, finance, the role of

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the GEF, and governance. Various issues relating to intellectual property rights

and the composition of the ‘board’ or ‘advisory committee’ of the CTCN

remained unresolved. The final decision requests the CTCN (once operational)

to elaborate its modalities and procedures and stated that the selection process

for the host of the CTC would be launched at the conclusion of COP-17 with the

aim of the Technology Mechanism being fully operational in 2012.

In the area of technology and reducing emissions from deforestation in

developing countries, including conservation (REDD+) mechanisms, discus-

sions focused on safeguards, modalities for forest reference emission levels,

and forest reference levels. Parties also dealt with issues such as how to consider

historical deforestation as well as projections and national circumstances in the

context of reference levels. The African group, Australia, and others welcomed

progress on this issue, and it ultimately led to the adoption of a COP decision.

The decision emphasized the importance of meeting different domestic needs,

noting that guidance on systems for providing information on how safeguards

are addressed and respected should be consistent with national sovereignty,

legislation, and circumstances. Such systems must be country-driven, build on

existing systems where appropriate, and provide transparent information access-

ible to all relevant stakeholders. Parties recognized the need for adequate, pre-

dictable financial and technological support in this area. Developing countries

were also obliged to update forest emission reference levels and/or forest refer-

ence levels ‘periodically, as appropriate.’

In the wake of the agreements reached at the Durban Conference, and the

concomitant challenges lying ahead, South Africa’s strategic positioning needs

to be clarified in relation to a number of key matters. First, in order to support its

leadership role as COP president, South Africa should engage in robust lobbying

and negotiations on its substantive positions with groups such as the African

group and the G-77 and China. A South African bid to host the GCF and its

Secretariat also requires further consideration along with investigation of the

potential budgetary and other implications of such a move. An alternative would

be to lobby for the GCF chief executive and/or a position on the GCF Board and

an office-bearer position on the board. Further, South Africa must consider the

advantage of bidding for the chair of the AWG-DP in 2012, given our position

and influence as COP-17 president, as opposed to 2015, when negotiations on

the future agreement are scheduled to conclude. The advantage of South Africa

bidding for membership on other bodies within the climate change process and

the timing thereof must also be considered.

On South Africa’s future substantive position, advances made during the

Durban conference should be capitalized on. Essentially, there is a need to

place components agreed upon in Cancun and Durban within a legal rules-based

framework consistent with the convention that is ambitious, enabling, and

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supportive, balancing concerns of comparability, differentiation, compliance,

national sovereignty, and equity. This framework should (1) enable the partici-

pation of all, through both domestic and international measures, recognizing

national circumstances; (2) provide incentive for increased levels of quantified

mitigation commitments and actions and to support adaptation; (3) be informed

by science with costs equitably shared in accordance with responsibilities,

developmental stage, and capabilities; (4) take place through flexible mechan-

isms; (5) in a manner in which performance is transparently measured and

verified domestically; and (6) tracked, assessed, facilitated, and recognized

internationally.

(B) Sixty-First Meeting of the Convention on International Trade in

Endangered Species of Wild Fauna and Flora (CITES)

South Africa participated in the sixty-first meeting of the Standing Committee

(SC-61) of the CITES in Geneva, Switzerland, during August. Among the mat-

ters discussed was co-operation between CITES and other related conventions

including the CBD and the UN Convention on Migratory Species of Wild

Animals (CMS) as well as organizations such as the Food and Agriculture

Organization, the International Commission for the Conservation of Atlantic

Tunas (ICCAT), and the World Trade Organization.

Particularly relevant to South Africa was the controversial issue of the control

of trade in elephant specimens. Initial disagreement arose around the request of

Kuwait, on behalf of Asia, that the first technical exchange concerning the

reduction of the illegal trade in African elephant ivory be held in a closed

session. After heated debate between Botswana, in support of the call, and the

United Kingdom and Kenya, who called for an open and transparent discussion,

the matter was put to vote and the results dictated that it be discussed in a closed

meeting. There was general concern that the illegal trade in ivory was continuing

at significant levels and that targeted methods were needed to effectively reduce

it. There was specific focus on the need for producing, consuming, and transiting

nations to reduce the illegal trade in African elephant ivory, and emphasis was

placed on the importance of raising awareness of consumers all along the ivory

supply chain, particularly consumer country nationals in Africa. It was noted

that there had been progress in Nigeria as well as in Ethiopia and Rwanda in the

control of trade. The current recommendation of a suspension of trade in relation

to Gabon and Somalia, however, would be maintained until they submitted the

elephant and ivory trade questionnaires supplying relevant information. The

importance of implementing the action plan for the control of trade in elephant

ivory was emphasized, as was DNA profiling to identify the source of seized

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ivory. It was stressed that DNA-based ivory identification techniques should be

conducted professionally and independently.

Support of the African Elephant Action Plan and African Elephant Fund was

also called for. As information had not been forthcoming from African states on

the implementation of the African Elephant Action Plan due to the inactivity of

the African Elephant Fund, the decision was made to establish the fund and its

steering committee. The United Kingdom put forward a proposal to establish an

overarching working group on African and Asian elephants, while Kenya, sup-

ported by South Africa and Botswana, proposed establishing an Africa-Asia

Action Plan rather than starting a whole new group. The matter will be returned

to at SC-62.

The topic of the transfer of African elephant populations from Appendix I to

Appendix II also arose. Specifically, a document was put forward proposing the

appointment of an appropriate panel to deal with listings to be established at

SC-62 in time for COP-1. There was, however, no discussion on the matter and

the SC simply noted the document.

Another major point of discussion was rhinoceroses, an issue that has received

a lot of attention in the South African media due to rampant poaching. Recent

successful fact-finding missions of the CITES Secretariat conducted in

Mozambique, Zimbabwe, and South Africa were noted. The United Kingdom,

Botswana, Zimbabwe, Kenya, and China called for collaboration and

co-operation on the exchange of intelligence, information sharing, and education

programs to deal with rhinoceros poaching, and South Africa described its recent

efforts to curb poaching and illegal trade. TRAFFIC urged for a more structured

approach to data recording, the development of indicators to inform on progress,

and the identification of gaps in national policy that inhibit law enforcement. In

conclusion, the SC requested a more comprehensive report summarizing find-

ings in time for COP-16.

Finally, two particular enforcement matters were also relevant to African

countries. First, the recommendation to suspend trade with Nigeria that had

been in place since 2005 due to increasing illegal wildlife trade and a lack of

adequate enforcement was lifted. This followed the introduction of documenta-

tion by the Secretariat proposing the lifting of the suspension in light of progress

and the upgrading of Nigerian environmental legislation to Category 1 under the

CITES legislation project. Second, the illicit trade in Guinea affecting, among

others, chimpanzee and great apes was noted to have reached significant levels,

with false CITES documentation being issued. Guinea was requested to issue an

invitation, by 30 November, to the Secretariat to conduct a mission to Guinea to

examine illicit trade issues. Failure to do so may result in the parties recom-

mending a suspension in commercial trade in specimens of CITES-listed species

to and from Guinea.

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(C) First Meeting of the Intergovernmental Committee for the Nagoya

Protocol on Access to Genetic Resources and the Fair and Equitable

Sharing of Benefits Arising from Their Utilization (Nagoya Protocol) to

the CBD

The Nagoya Protocol was adopted at COP-10 to the CBD in Nagoya, Japan, in

2010. It is a supplementary agreement to the CBD that provides a legal frame-

work for the effective realization of the convention’s third objective, namely the

fair and equitable sharing of benefits arising from the use of genetic resources. It

further builds on Article 15 of the CBD addressing access to genetic resources,

including facilitating access, prior informed consent (PIC), mutually agreed

terms, and benefit sharing. Other relevant matters in the CBD covered by the

protocol include reference to traditional knowledge (Article 8(j)), access to and

transfer of technology (Article 16.3), and handling and distribution of the bene-

fits of biotechnology (Article 19). The protocol was opened for signature at the

UN headquarters in New York on 2 February 2011 and will close on 1 February

2012. It currently has twenty-four signatures. South Africa signed the protocol

on 11 May 2011. The protocol will enter into force ninety days after ratification

by fifty countries. At the end of 2011, it had no ratifications.

South Africa attended this landmark meeting of the first official gathering of

the Intergovernmental Committee for the Nagoya Protocol on 5-10 June in

Montreal, Canada. The main aim of the meeting was to discuss key issues

including: the modalities of the operation of the access and benefitsharing

(ABS) clearing-house, measures to foster capacity building and development

and strengthen human and institutional capacities in developing countries, meas-

ures to raise awareness of the importance of genetic resources and their asso-

ciated traditional knowledge, and co-operative mechanisms to promote

compliance with the protocol. The committee adopted recommendations in

each of these four areas. These in turn set in motion a series of inter-sessional

activities to advance the preparations for the protocol’s entry into force.

Compliance procedures emerged as a dominant, politically charged element of

the discussions and are expected to play a significant role at the next meeting of

the committee in April 2012. At an organizational level, representatives from

Uganda and Senegal were elected to the Intergovernmental Committee for the

Nagoya Protocol (ICNP) Bureau for the African region.

On the topic of what information should be included in the ABS clearing-

house, South Africa, in light of its large number of indigenous and local com-

munities, suggested adding information on relevant customary authorities that

grant access to traditional knowledge associated with genetic resources. Namibia

also indicated its desire to have information on third party transfer arrangements

included. Following discussions, the committee recommended that the ABS

clearing-house be implemented in a phased manner, responding to clear and

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identified demand, and that the first phase be a pilot phase. Recommendations

concerning the pilot phase covered objectives, information management

(including submissions and updates), capacity building, and reporting require-

ments. Parties are also to consider establishing indigenous and local community

(ILC) contact points for the ABS clearing house to facilitate the effective par-

ticipation of ILCs. ILCs are in turn encouraged to identify their capacity-

building needs particularly to enhance women’s capacity to access genetic

resources and/or traditional knowledge associated with genetic resources.

Also of relevance to South Africa was the second key area of focus, namely

measures to assist in capacity building and the strengthening of human resources

and institutional capacities in developing countries. As part of the discussion

process, statements were made by representatives from different countries as

well as of the International Indigenous Forum on Biodiversity and the Maritime

Aboriginal People’s Council. The committee recommended the development of

a strategic framework for capacity building on the basis of domestic needs and

priorities identified by parties and ILCs. Submissions were invited from gov-

ernments, international organizations, ILCs, and other stakeholders on domestic

needs and priorities.

The third key topic, also of great interest to South Africa, involved measures

to raise awareness of the importance of genetic resources and associated trad-

itional knowledge. Here discussion focused primarily on an awareness-raising

strategy. The importance of needs-based awareness raising at the national level

was noted along with the potential value of sharing lessons learned at regional

and sub-regional levels (Zambia proposed a compilation of comparative case

studies). The GEF described the core avenues available for financing awareness

raising, including the Nagoya Protocol Implementation Fund (recently approved

by the fortieth meeting of the Governing Council of the GEF) and the GEF Trust

Fund. In its final recommendation, the committee invited input from govern-

ments, international organizations, ILCs, and others on the proposed elements of

an awareness-raising strategy for the protocol.

The fourth major theme was co-operative procedures and institutional mech-

anisms to promote compliance with the Nagoya Protocol. The African group

questioned the wording in the discussion document on the topic and, more

generally, emphasized the importance of taking a regional approach to compli-

ance procedures and mechanisms. Specifically, Cameroon, on behalf of the

African group, called for a regionally balanced expert group meeting on the

topic. In conclusion, the recommendation recognized that all parties to the proto-

col must comply with all of their obligations under the protocol and invited input

on options for co-operative procedures and institutional mechanisms on compli-

ance, taking account of lessons learned from other relevant multilateral agree-

ments. A synthesis report will be developed for review by an expert meeting

with a view to producing a draft document for consideration at ICNP-2. In

closing, Cameroon, speaking in their capacity as the recently nominated

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co-ordinator of the African group on ABS issues, indicated that the African

group was pleased that a common recognition and understanding had been

reached and that, following uncertainties about the future of the protocol after

Nagoya, ICNP-1 had met expectations on charting the way forward towards

implementation.

The meeting indicated the level of willingness and readiness of parties to

ratify the protocol. This includes the will of South Africa, which, through the

National Department of Environment (DEA) will continue working with

relevant stakeholders towards ensuring ratification. To this end, it is also im-

portant for South Africa to participate in the next Intergovernmental Committee

meeting on ABS (prior to COP-11 of the CBD) and to continue working

with like-minded developing countries (provider countries) and developed

countries towards seeking solutions to outstanding problematic issues concern-

ing the protocol. The DEA, as the national focal point of the Nagoya Protocol on

ABS, should also engage with the national focal point on plant genetic

resources for food and agriculture due to the close proximity of the treaties’

issues.

(D) Other Meetings

South Africa sent a strong delegation to COP-10 to the CMS and its associated

meetings, which convened in Bergen, Norway, on 17-27 November.

South Africa was elected as the vice chair of the Scientific Council. The

Africa representatives elected in the Standing Committee were Ghana,

Tunisia, and Uganda with South Africa, Mali, and Congo as their alternates,

respectively.

Within the seventeenth meeting of the Scientific Council, a number of issues

were discussed and forwarded to the COP for adoption. During the meeting,

recommendations were made regarding the various proposed options on the

future shape of the CMS. As a result, the convention’s strategic plan 2006-11

was extended to 2014 with the addition of activities relating to climate change,

alien invasive species, ecological networks, and wildlife diseases and barriers to

migration, such as power lines and transport infrastructure. The draft resolution

was endorsed for forwarding to the COP where it was subsequently adopted. The

development of the new strategic plan for 2015-23 was also discussed, together

with the potential establishment of a working group and the terms of reference

for drafting a new strategic plan for 2015-23. South Africa, because of its active

involvement in the future shaping process, was elected to be one of the three

countries representing Africa in the drafting of the 2015-23 strategic plan.

The need for active engagement in the Intergovernmental Platform on

Biodiversity and Ecosystem Services was further expressed, and a resolution

to this effect was supported and tabled for adoption. Other items discussed and

draft resolutions endorsed for forwarding to the COP for adoption included

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modus operandi in case of emergencies for CMS species, impacts of marine

debris on migratory species, conservation status of, and concerted actions for,

CMS Appendix I species, and invasive alien species.

COP-10 addressed a full agenda and adopted twenty-seven resolutions cover-

ing, inter alia, the overview of the process regarding the ‘future shape’ of CMS,

synergies and partnerships, the budget, enhanced engagement with the GEF, and

wildlife disease and migratory species. South Africa was part of the working

group on the future shape and budget of COP-10.

Relevant to African country participants was the conclusion, at the seventh

meeting of the Agreement on the Conservation of African-Eurasian Migratory

Waterbirds (AEWA) Standing Committee, following a report on the implemen-

tation of the Wings over Wetlands (WOW) UNEP-GEF African Eurasian

Flyways project, that African party members are unable to implement the project

due to a lack of resources. On a more positive note, a draft plan of action for the

implementation of the African Initiative was developed. African parties were

requested to comment before 11 December. Regarding conservation guidelines,

relevant to the Africa-Eurasian region were discussions on measures for iden-

tifying and tackling emergency situations for migratory waterbirds,

regulating trade in migratory waterbirds, and the avoidance of conflicts between

migratory birds and electrical powergrids in the region for adoption at MOP-5.

Of particular relevance to the review and update of South Africa’s

National Biodiversity Strategy and Action Plan were discussions on AEWA’s

contribution to delivering the Aichi 2020 biodiversity targets. Specifically rele-

vant to the directorate is the fact that discussions took place concerning the

conservation status of various migratory waterbirds in the AEWA region,

including the adverse effects of agrochemicals on migratory waterbirds in

Africa and the impacts of invasive alien aquatic weeds on waterbird habitats

in Africa.

Necessary follow-up action by South Africa will be considering the possible

hosting of the first sharks memorandum of understanding (MOU) meeting.

Further, as an alternate member of the Standing Committee and with a vice-chair

for the Scientific Council, South Africa must be proactive in the implementation

of the convention and its subsidiary agreements and MOUs. South Africa must

also actively engage relevant stakeholders in the elaboration of the CMS stra-

tegic plan (2015-23).

(E) Eighteenth Session of the General Assembly of States Parties to the

Convention for the Protection of the World Cultural and Natural Heritage

(World Heritage Convention)

South Africa attended the eighteenth session of the General Assembly of States

Parties to the World Heritage Convention, which was held on 7-8 November in

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Paris, France, during the thirty-sixth session of the General Conference of the

UN Educational, Scientific and Cultural Organization (UNESCO).

Particularly relevant to South Africa and other African parties was the

emphasis during the General Assembly on the important role of indigenous

and local communities in the conservation of world heritage and its potential

contribution to sustainable development. In particular, parties were urged to

mobilize communities in preserving cultural heritage with a view to celebrating

the fortieth anniversary of the World Heritage Convention. The theme of the

anniversary was world heritage and sustainable development: the role of local

communities. South Africa committed to hosting a national workshop of experts

in Durban on 20-24 February 2012 as well as the International Meeting on

World Heritage and Sustainable Development to be held in September 2012.

There was significant discussion on the evaluation on the implementation of

the Global Strategy (from its inception in 1994-2011) and the Partnership for

Conservation Initiative (PACT). Important for South Africa’s domestic listings,

the report on the Global Strategy found that there had been insufficient progress

regarding the representation of natural heritage among state parties. The

report highlighted the tendency to focus on inscriptions rather than on conser-

vation and to focus on quantity rather than on quality when it came to listings,

with priority given to new nominations to the detriment of monitoring and

conservation. The most important recommendation was that conservation

should be restored as the priority in the strategy. The findings of the report

were endorsed and an open-ended working group was established to examine

the report and develop an implementation plan for consideration by the World

Heritage Committee. Regarding PACT, there was concern that it had not yielded

results as expected. The World Heritage Centre was requested to implement the

auditor’s recommendations to harmonize PACT with UNESCO’s development

of partnership strategies and to report back to the next General Assembly

in 2013.

South Africa continues to be represented on the World Heritage

Committee until 2013. It was joined by the newly elected fellow African state

representatives of Algeria, Senegal, Ethiopia, and Mali. South Africa, along with

other state parties, needs to ensure increased funding to assist in the management

of its world heritage sites and to promote suitable sites for listing.

The African World Heritage Fund, hosted by South Africa, should play a mean-

ingful role domestically and in relation to other African state parties in this

regard.

(F) COP-10 to the Basel Convention

South Africa is a party to the Basel Convention and has promulgated legislation

aimed at protecting the environment and human health from the mishandling of

waste and continues to work with countries at the regional and global levels to

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achieve these aims. South Africa attended COP-10 to the Basel Convention,

which was held on 17-21 October in Cartagena, Colombia. Over 700 participants

attended the meeting. The agenda was broad and decisions were adopted on

various on issues. Two particular landmark decisions adopted were that of the

Indonesian-Swiss country-led initiative (CLI), which clarified the interpretation

of Article 17(5) and entails that the Ban Amendment will enter into force once

seventeen additional parties ratify the amendment, and the Cartagena

Declaration with its focus on waste minimization. These two decisions are pre-

dicted to alter the focus of the convention from the movement of hazardous

wastes to their minimization. A further twenty-five decisions were adopted on

matters including the budget, the Basel Convention regional and co-ordinating

centres (BCRCs), and capacity building. It was hailed as one of the most suc-

cessful meetings of the Basel COP ever, a sentiment shared by many delegates.

Waste management is a big problem for South Africa (and other African

countries), and it was thus important for South Africa to participate actively

in this meeting in order to ensure that policies and measures were adequately

tailored to address specific domestic and regional problems. Additionally, many

African and other developing countries still lack the necessary legislation to

regulate waste, and increased effort is required regionally and in the interna-

tional arena to address this issue. During the meeting, South Africa engaged

mainly through the Africa group, which met on a daily basis to formulate a

negotiation position and provide feedback on developments during the meeting.

The South African delegation also participated in various contact groups to

advance the interests of the country and the Africa group.

The CLI draft decision adopted includes seven mutually supportive elements

aimed at strengthening the effectiveness of the convention, including the entry

into force of the Ban Amendment, guidelines for the ESM of hazardous wastes,

and legal clarity around key convention provisions. Relevant to South Africa and

other African countries, the decision specifically addressed the need to assist

developing countries facing specific challenges with regard to prohibiting the

import of hazardous wastes. Further, concerning capacity-building ability, the

COP encouraged the BCRCs to specify and quantify the capacity-building needs

of different parties, and invited the World Health Organization to conduct a

study on the impact of poor waste management on human health. Nigeria,

Egypt, Cameroon, and Sudan stressed the need for financial resources and tech-

nology transfer to implement the CLI draft decision.

The second major decision taken at COP-10 within the meeting theme ‘pre-

vention, minimization and recovery of waste’ was the adoption of the Cartagena

Declaration, which reflects a clear political message on the sustainable manage-

ment of hazardous waste. The declaration commits to active efforts to promote

and implement efficient strategies aimed at preventing and minimizing the gen-

eration of hazardous and other wastes, particularly at their source, and encour-

ages parties at the national level to develop domestic and regional pilot projects

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for waste prevention and track progress in waste reduction. Particularly relevant

for developing countries, the protocol further recognizes that the safe and

environmentally sound recovery of hazardous and other wastes that cannot be

avoided represents an opportunity for the generation of employment, economic

growth, and the reduction of poverty if it is conducted within the framework of

the Basel Convention. Further, the protocol encourages capacity building and

technology transfer for waste prevention and minimization in regions requiring

assistance. The importance of preventing, minimizing, and recovering waste as

part of efforts to advance the three pillars of sustainable development is reem-

phasized in the protocol.

South Africa will now need to embark on a process to ratify the Ban

Amendment. Subsequently, it will need to develop relevant domestic legislation

or regulations to promote the provisions of the declaration, focusing on the

prevention and minimization of hazardous and other waste.

(G) COP-5 to the Convention on the Prior Informed Consent Procedure for

Certain Hazardous Chemicals and Pesticides in International Trade

(PIC Convention)

South Africa participated in COP-5 to the PIC Convention, which convened on

20-24 June in Geneva, Switzerland. Involvement in the meeting was important

to South Africa as it has the biggest chemical industry in Africa and, thus, has a

particularly strong interest in supporting the listing of chemicals that adversely

affect human health and the environment. South Africa sent a strong six-person

delegation to the meeting. The South African delegation engaged mainly

through the Africa group. South Africa also issued statements on key issues

during the plenary. South Africa served as the president of COP-5 and opened

the meeting.

COP-5 adopted thirteen decisions including the inclusion of three additional

chemicals (aldicarb, alachlor, and endosulfan) in Annex III of the convention

(chemicals subject to the PIC procedure). The meeting also adopted decisions on

the budget, technical assistance, information exchange, and the work of the

Chemical Review Committee. The meeting was, however, noteworthy for

retackling two issues that had eluded consensus during the last meeting of the

COP, but failed again to reach agreement, namely mechanisms and procedures

for non-compliance and the inclusion of chrysotile asbestos in Annex III of the

convention.

Particularly relevant to South Africa and the African group as a whole was the

issue of the listing of chrysotile asbestos in Annex III. At the African Group’s

request, the countries opposed to the listing were identified, including Canada

(an exporting country), which failed to give reasons for its opposition. Kenya

objected vocally to Canada’s lack of justification for its position, emphasizing

that developing countries need to safeguard their populations’ health and

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environment. The African group as a whole registered its deep concern with the

failure to list chrysotile asbestos in Annex III. It emphasized the need for

improved chemical listings in the future to ensure that the export of hazardous

chemicals only occurs with the PIC of importing parties and that such parties are

provided with accurate information on the characteristics, potential dangers, safe

handling, and use of the chemicals in question. The African group stated that,

due to the inability of the COP to agree on including chrysotile asbestos in

Annex III, it had no choice but to consider establishing trade restrictions on

the substance at a regional level.

The problematic second theme was that of non-compliance. A draft text was

presented with the African group supporting its adoption, but opposing country

parties seeking that its adoption be conditional upon the establishment of a

technical and financial assistance mechanism. The resulting deadlock prompted

the co-chairs to present their text to the contact group on a take-it-or-leave-it

basis. This compromise text included an insertion in the convention’s budget

reflecting the establishment of an earmarked fund for the committee. The parties,

however, were unable to reach consensus on the text.

Finally, particularly relevant to South Africa, as well as other developing

countries, was the decision on technical assistance, which requested the

Secretariat to facilitate assistance to developing country parties in implementing

the convention. This related particularly to activities included in the annexes,

prioritizing activities related to the chemicals newly listed in Annex III. Further,

it invited parties to provide technical assistance to developing countries in this

area.

(H) Thirtieth Meeting of the Convention on the Conservation of Antarctica

Marine Living Resources (CCAMLR)

The South African delegation attended the thirtieth meeting of the CCAMLR in

Hobart, Australia. South Africa’s attendance was important as it is a founder

signatory country to the Antarctica Treaty system (which led to the CCAMLR in

1980) and is one of two member states within Africa affected by the dynamics of

the Southern Ocean. Its participation within the CCAMLR is furthermore

essential for fisheries and the conservation of Southern Ocean biodiversity.

South Africa participated in various committees including the scientific, finance

and administration, and implementation and compliance committees, as well as

in the commission meetings.

During the meeting, South Africa commenced discussions with France on a

possible project on bio-regionalization of the Del Cano rise region and spatial

assessment for the implementation of a representative set of marine protected

areas (MPAs) between Prince Edward Island and Crozet Island. South Africa

also endorsed the establishment of the eastern Antarctic planning domain by

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Australia and France and supported the general conservation measure developed

by Australia as a framework for the establishment of CCAMLR MPA.

South Africa engaged with other developing countries on a capacity develop-

ment funding application to the GEF. Specifically, South Africa requested

assistance from the CCAMLR Secretariat to co-ordinate and communicate the

preparation of a submission of a project proposal to the GEF seeking support to

improve the capacity of developing state parties of CCAMLR to engage in the

CCAMLR processes. The proposal would complement the capacity-building

initiative that has been progressing in the Scientific Committee over the last

two years. The Standing Committee on Implementation and Compliance (SCIC)

further considered a proposal submitted by South Africa and other parties for an

African Capacity Building Training Event in 2012. The proposal was supported

and noted as important to build capacity and contribute to the prevention,

deterrence, and elimination of illegal, unreported, and unregulated fishing in

the convention area. The SCIC agreed to recommend the use of the CDS

Fund for the proposed capacity-building training event.

(I) Sixth GEF Biennial International Waters Conference

The sixth GEF Biennial International Waters Conference took place in

Dubrovnik, Croatia, on 17-20 October. The conference was organized around

the theme Raising the Bar: Twenty Years of GEF Transboundary Water Results

and focused on knowledge sharing on water management issues and results after

twenty years of interventions. Essential focus areas included sustaining global

effort in providing robust, periodic assessments of the state of the marine

environment to address emerging issues, such as ocean acidification and restor-

ing habitat and biodiversity values. An underlying key focus was on learning and

experience sharing as well as assisting participants in capacity building in key

management and technical areas.

The South African delegation was invited by the Benguela Current

Commission (BCC) to share its experiences as a member of the team that

developed the consensus text of the draft BCC treaty with the other international

waters (IW) programs of the BCC text. The South African delegation also at-

tended in order to learn lessons from the other IW programs. One of the im-

portant issues that emerged was the need for the BCC to diminish its dependence

on GEF funds and to actively seek international donor funds as well as funding

from countries within the region. The importance of scientific aspects of IW

programs supporting the management objectives was also highlighted.

South Africa participated both in the conference generally, as well as specif-

ically as expert contributors in the panel discussion on operations of the large

marine ecosystems (LMEs). South Africa further facilitated and participated in

the preparation meeting for the oceans side event and Oceans Day planned for

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the UNFCCC’s COP-17, which is to be held in Durban, South Africa, in

December.

One of the key lessons South Africa learned was the need for increased

co-ordination between science and management in the area of water manage-

ment. Further to this idea, LME science and management must be compatible

with the capacities within the region, and regional capacity, in turn, must be

fully incorporated into the workings of the international waters programs. This is

particularly important for developing countries and regions. Specifically, South

Africa must move towards implementing firm arrangements to link the science

and management objectives of the Interim Management Board of the BCC. This

must be continued in the structures of the permanent BCC to be established.

(J) COP-10 to the Convention to Combat Desertification in Those Countries

Experiencing Serious Drought and/or Desertification, Particularly in

Africa (Desertification Convention)

South Africa ratified the Desertification Convention in 1997. The Desertification

Convention plays a key role in the international community’s efforts to combat

desertification and land degradation in dryland regions. A strong eleven-member

South African delegation attended the tenth session of the Desertification

Convention in Changwon, Korea, on 10-21 October.

For South Africa, a developing country with overriding national priorities of

poverty reduction and socio-economic development, involvement in the work of

the Desertification Convention and attendance of the COPs is particularly im-

portant. South Africa’s immediate domestic priorities include the urgent delivery

of basic human development services to the poor and ensuring access to housing,

water, sanitation, food security, and public health services. The ability to deliver

on these fundamental developmental priorities will, however, likely be persist-

ently undermined by the impacts of desertification, land degradation, and cli-

mate change.

The highlight of the negotiations at COP-10 was the assessment of the

implementation of the ten-year strategic plan and framework to enhance the

implementation of the convention (2008-18). Other issues for deliberation

included mechanisms to facilitate regional co-ordination of the implementation

of the convention, the program and budget for the biennium 2012-13, and the

follow up to the assessment of the Global Mechanism (GM).

Regarding the strategy, the COP focused on the need for mechanisms to

facilitate regional co-ordination of the implementation of the convention. In

its final decision on the matter, the COP called on the executive secretary and

the managing director of the Desertification Convention’s GM to strengthen its

co-operation at the regional level through ensuring the effective implementation

of region-specific issues of the joint work program and facilitating co-operation

among affected country parties within the regions. It further requested the

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Secretariat and the GM to continue to support the implementation of regional

priorities as identified by the regions. This decision also emphasized the role to

be played by parties and other stakeholders in providing continued technical and

financial support to the regional co-ordination units.

Particularly relevant to South Africa and other African countries was the

discussion on strengthening support for institutions in implementing the strategy.

Here, the focus was on the need for a knowledge management system (KMS),

including traditional knowledge. Best practices and success stories on combating

drought, land degradation, and desertification were also discussed. Many com-

ments in the discussion related to traditional knowledge. South Africa empha-

sized the importance of documenting local and traditional knowledge in a KMS.

The COP decision, inter alia, requested that the Secretariat continue to improve

knowledge management, encouraging establishment of links with regional KMS

via existing networks.

Jan Glazewski

doi:10.1093/yiel/yvs121

16. Oceania

(1) Introduction

Oceania continued its trend towards stronger regional and national environmen-

tal governance in 2011. Climate change remained a focus with the biennial

Pacific Climate Change Roundtable, the second multi-partite review of the

five-year Pacific Adaptation to Climate Change Project, and significant partici-

pation by Pacific states at the seventeenth Conference of the Parties (COP-17) to

the UN Framework Convention on Climate Change (UNFCCC) in Durban,

South Africa. The Pacific region also maintained a strong presence at other

important international meetings in 2011, namely COP-10 to the Convention

to Combat Desertification in Those Countries Experiencing Serious Drought

and/or Desertification, Particularly in Africa (Desertification Convention) in

Changwon City, South Korea, where Pacific states focused on land degradation

and sustainable land management issues, the Meeting of the Ad Hoc Technical

Expert Group on Alien Species as Pets, Aquarium and Terrarium Species and as

Live Bait and Live Food under the Convention on Biological Diversity (CBD),

where Pacific states requested representation at the expert group. Palau and

Vanuatu signed the Nagoya Protocol on Access to Genetic Resources and the

Fair and Equitable Sharing of Benefits Arising from Their Utilization (Nagoya

Protocol) to the Convention on Biological Diversity, and the new three-year

Pacific Regional Wetlands Action Plan (2011-13) came into effect.

Several developments also occurred in Pacific deep-sea mining activities. The

Seabed Disputes Chamber of the International Tribunal for the Law of the Sea

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