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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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