Who's Online

We have 270 guests online

Popular

6001 readings
Comments on the October 23 2015 draft for COP 21 in Paris PDF Print E-mail
Justice News
Posted by Joan Russow
Thursday, 29 October 2015 18:07

 

 

 

By Joan Russow PhD Global Compliance Research Project

ClimateChange COMMENTS ON THE DRAFT ON THE FOLLOWING DRAFT

 

Draft agreement and draft decision on work streams 1 and 2 of the Ad Hoc

Working Group on the Durban Platform for Enhanced Action

 

 Work of the ADP contact group19-23 October 2015

Second session, part eleven

Bonn, Germany19-23 October 2015

Version of 23 October 2015@23:30hr

ORIGINAL http://unfccc.int/files/bodies/application/pdf/ This e-mail address is being protected from spambots. You need JavaScript enabled to view it

DRAFT COMMENTS ON THE OCTOBER 23 2015 DRAFT FOR COP 21 IN PARIS

CHAPTER - PREAMBLE & CHAPTER 1 TO CHAPTER 25

By Joan Russow PhD Global Compliance Research Project

 

NOTE; MANY OF THE BACKETS HAVE BEEN REMOVED AND MY COMMENTS ARE IN UPPER CASE  ALSO TO LOCATE EACH ARTICL PLUS NUMBER eg.  ****ARTICLE 1 

 

NOTE; MANY OF THE BRACKETS HAVE BEEN REMOVED AND MY COMMENTS ARE IN UPPER CASE.

 

1 A.  DRAFT AGREEMENT                                                                   *                        

****PREAMBLE

AWARE  THAT WHEN THE 2014 IPCC REPORTWAS RELEASED, FINALLY THERE WAS A STRONG REPORT IN LINE WITH THE CURRENT EMERGING SCIENCE. IN THE REPORT WAS THE FOLLOWING STATEMENT:

 

"THE WORLD IS NOT READY FOR THE IMPACTS OF CLIMATE CHANGE, INCLUDING MORE EXTREME WEATHER AND THE LIKELIHOOD THAT POPULATED PARTS OF THE PLANET COULD BE RENDERED UNINHABITABLE, SAYS THE PLANET'S LEADING BODY OF CLIMATE SCIENTISTS IN A MAJOR NEW UN REPORTTHE REPORT ARGUED THAT WORLD LEADERS HAVE ONLY A FEW YEARS LEFT TO REDUCE CARBON EMISSIONS ENOUGH TO AVOID CATASTROPHIC WARMING, WHICH WOULD PRODUCE SIGNIFICANT SEA LEVEL RISE AND LARGE-SCALE SHIFTS IN TEMPERATURES THAT WOULD DRAMATICALLY DISRUPT HUMAN LIFE AND NATURAL ECOSYSTEMS OBSERVED IMPACTS OF CLIMATE CHANGE ARE WIDESPREAD AND CONSEQUENTIAL," ACCORDING TO THE REPORT, WHICH IS FROM THE UN'S INTERGOVERNMENTAL PANEL ON CLIMATE CHANGE (IPCC)"

 

Recognizing the outcomes of the 2013-2015 Review, including the Report of the SED AND THE WHO WMO, which recognizes that "significant climate impacts are already occurring at the current level of global warming and additional magnitudes of warming will only increase the risk of severe, pervasive and irreversible impacts" 

 

AWARE THAT THE WORLD METEORLOGICAL ORGANIZATION REPORTED THAT "HUMAN ACTIVITIES, SUCH AS GREENHOUSE GAS EMISSIONS AND LAND USE, INFLUENCED SPECIFIC EXTREME WEATHER AND CLIMATE EVENTS IN 2014, INCLUDING TROPICAL CYCLONES IN THE CENTRAL PACIFIC, HEAVY RAINFALL IN EUROPE, DROUGHT IN EAST AFRICA, AND STIFLING HEAT WAVES IN AUSTRALIA, ASIA, AND SOUTH AMERICA, ACCORDING TO A NEW WORLD METEORLOGICALORGANIZATION REPORT"

 

CONCERNED THAT THE UNEP ASSESSMENT FROM AUGUST 25 REPORTED THE FOLLOWING; 

"THE ASSESSMENT SHOWS THAT GLOBAL EMISSIONS IN 2030 WILL MOST LIKELY BE APPROXIMATELY 14 GIGATONNES ABOVE THE 2030 EMISSION LEVEL THAT WOULD BE CONSISTENT WITH KEEPING THE INTERNATIONAL COMMUNITY ON TRACK TO MEET THE 2°C TARGET).ALTHOUGH INDCS FROM COUNTRIES STILL TO BE SUBMITTED ARE EXPECTED TO REDUCE THIS GAP FURTHER, THERE WILL NONETHELESS BE A SIGNIFICANT GAP BETWEEN THE POLITICAL 2 °C AMBITION AND CURRENT INTENDED COMMITMENTS"

 

CONCURRING WTH THE WTO THAT CLIMATE CHANGE IS THE DEFINING ISSUE FOR THE 21ST CENTURY. ACCORDING TO WHO ESTIMATES, CLIMATE CHANGE IS ALREADY CAUSING THOUSANDS OF DEATHS EVERY YEAR, FROM SHIFTING PATTERNS OF DISEASE , FROM EXTREME WEATHER EVENTS, SUCH AS HEAT WAVES AND FLOODS, AND FROM DEGRADATION OF AIR QUALITY, FOOD AND WATER SUPPLIES AND SANITATION

 

AWARE THAT THE COMPLEXITY AND INTERDEPENDENCE OF ISSUES ARE INEXTRICABLY

LINKED TO CLIMATE CHANGE: THE GUARANTEEING OF HUMAN RIGHTS INCLUDING SOCIAL ECONOMIC AND CULTURAL RIGHTS AND CIVIL AND POLITICAL RIGHTS, LABOUR RIGHTS WOMEN’S RIGHTS, CHILDREN’S RIGHTS AND INDIGENOUS RIGHTS; ENSURING SOCIAL JUSTICE AND THE RIGHT TO DEVELOPMENT; THE PREVENTING WAR AND CONFLICT; AND TO PRESERVING AND CONSERVING THE ENVIRONMENT; TO MOVING AWAY FROM THE OVER CONSUMPTIVE MODEL OF DEVELOPMENT AND TO REDUCING THE ECOLOGICAL FOOTPRINT;

 

Recognizing the intrinsic relationship between climate change, poverty eradication and sustainable development and reaffirming that the response to climate change should be coordinated with social and economic development SOCIALLY EQUITABLE AND ENVIRONMENTALY SOUND DEVELOPMENT in an integrated manner with a view to avoiding adverse impacts [of response measures on the latter], taking into full account the legitimate priority needs of developing countries and their rights to equitable access to sustainable development for the achievement of sustained economic growth and the eradication of poverty,

 

STRESSING THAT ALL ACTIONS TO ADDRESS CLIMATE CHANGE AND ALL THE PROCESSES ESTABLISHED UNDER THIS AGREEMENT SHOULD ENSURE A GENDER-RESPONSIVE APPROACH] [GENDER EQUALITY AND INTERGENERATIONAL EQUITY, TAKE INTO ACCOUNT [ENVIRONMENTAL INTEGRITY THE PROTECTION OF THE INTEGRITY OF MOTHER EARTH, AND RESPECT HUMAN RIGHTS, THE RIGHT TO DEVELOPMENT AND THE RIGHTS OF [YOUTH AND] INDIGENOUS PEOPLES, [AS WELL AS THE JUST TRANSITION OF THE WORKFORCE AND THE CREATION OF DECENT WORK, IN ACCORDANCE WITH NATIONALLY DEFINED DEVELOPMENT PRIORITIES AND STRATEGIES, ( reinserted from February COP 21 draft)

 

CONVINCED THAT SOLUTIONS FOR THE STATE OF EMERGENCY DEPEND UPON THE POLITICAL WILL AND ON THE DISCHARGING OF THE LEGAL OBLIGATION TO ADDRESS CLIMATE CHANGE WITHIN THE COMPLEXITY AND INTERDEPENDENCE OF ISSUES RELATED TO: GUARANTEEING HUMAN RIGHTS, INCLUDING THE HUMAN RIGHT TO FOOD, TO DRINKING WATER, TO SANITATION AND TO HEALTH; ENSURING SOCIAL JUSTICE; PROTECTING AND CONSERVING THE ENVIRONMENT AND ECOSYSTEMS; REDUCING THE ECOLOGICAL FOOTPRINT AND MOVING AWAY FROM THE CURRENT OVER-CONSUMPTIVE MODEL OF DEVELOPMENT; AND PREVENTING WAR AND CONFLICT, AND TO AVOWING THE RIGHT TO LIVE AND SURVIVE

 

RECOGNISING THE VITAL ROLE OF WATER AS A CONTRIBUTOR TO AND AS A CONSEQUENCE OF CLIMATE CHANGE MUST BE INCLUDED IN THE DISCUSSION ON CLIMATE CHANGE, AND THE NECESSITY OF INCLUDING IN THE NEGOTIATIONS, THE CONSIDERATION OF THE IMPACT ON WATER RESOURCES AND THE CONTRIBUTION TO CLIMATE CHANGE OF THE UNSUSTAINABLE USE OF WATER.

 

 CONVINCED THAT THE HUMAN RIGHT TO WATER MUST BE GUARANTEED, WHICH WOULD INVOLVE THE MANDATORY CONSERVATION OF WATER, THE PROHIBITION OF THE PRIVATIZATION OF THE WATER SUPPLY, AND THE ENDING OF THE DEPLETION OF WATER RESOURCES ESPECIALLY THOSE LINKED TO THE FOSSIL FUEL INDUSTRIES  AND CONSEQUENTLY, THE UN GENERAL ASSEMBLY RESOLUTION RECOGNIZING ACCESS TO CLEAN WATER, SANITATION AS A HUMAN RIGHT MUST BE ADOPTED AND IMPLEMENTED BY ALL STATES

 

Emphasizing the need for universal and sustained action by all to respond to the urgent threat of climate change based on the best available and universally recognized] scientific knowledge including, inter alia, the assessment reports of the Intergovernmental Panel on Climate Change

 

CONCURRING WITH ARTICLE 22.3 (VOTING) WHICH WILL ADDRESS THE LONGSTANDING ISSUE OF THE REQUIREMENT FOR CONSENSUS WHICH ALWAYS LED TO THE LOWEST COMMON DENOMINATOR

3. Without prejudice to the provisions of paragraph 3 of Article 15 of the Convention, the Parties shall make every effort to reach agreement on all matters by consensus. If such efforts to reach consensus have been exhausted and no agreement has been reached, a decision shall, as a last resort, be adopted by a three-fourths majority vote of the Parties present and voting. .

 

TAKING INTO ACCCOUNT THATONE OF THE MOST SERIOUS PROBLEMS NOW FACING THE PLANET IS THAT ASSOCIATED WITH HISTORICAL PATTERNS OF UNSUSTAINABLE CONSUMPTION AND PRODUCTION, LEADING TO ENVIRONMENTAL DEGRADATION, AGGRAVATION OF POVERTY AND IMBALANCES IN THE DEVELOPMENT OF COUNTRIES. (4.3 CHANGING CONSUMPTION PATTERNS, AGENDA 21 UNCED)

 

Being Parties to the United Nations Framework Convention on Climate Change, hereinafter referred to as "the Convention", In furtherance pursuit] of the objective, principles and provisions of the Convention [as set out in Articles 2, 3 and 4, including the principles of equity and common but differentiated responsibilities^ and respective capabilities in light of different national circumstances AND THE PRECAUTIONARY PRINCIPLE

 

Recalling decisions 1/CP.17, 2/CP.18, 1/CP.19, and 1/CP 20,

 

Taking account of the particular vulnerabilities and specific needs of particularly vulnerable urgent and immediate needs and special circumstances of developing country Parties, especially [those that are particularly vulnerable, including] the least developed country (LDC) Parties and other Parties identified in Article 4.8 of the Convention], small island developing states (SIDS) [, small mountainous developing states] and Africa, [and the central American isthmus

 

Taking full  account of the specific needs and special situations of the least developed countries and small island developing states arising from the adverse impacts of climate change],

 

Recognizing the SOCIA LLY EQUITABLE AND ENVIRONMENTALY SOUND ECONOMY in harmony with nature as the fundamental requirement to address climate change,

 

Noting that the largest share of historical global emissions of greenhouse gases has originated in developed countries, that per capita emissions in developing countries are still relatively low and that the share of global emissions originating in developing countries will grow to meet their social and development needs,]

 

Recognizing that Parties should take action to address climate change in accordance with evolving economic and emissions trends, which will continue to evolve post-2020, Emphasizing the importance of respecting and taking into account subject to jurisdiction right to  development, human rights including people under occupation, gender equality [and women's empowerment], [the rights of indigenous peoples,][local communities,] intergenerational equity concerns,

and the needs of [migrants] [particularly vulnerable groups[people in vulnerable situations,[including people under foreign] occupation,women, children and persons with disabilities, when taking action to address climate change,

 

Emphasizing the importance of aligning actions with the goal of promoting food security and livelihood security, restoration of degraded lands, health, and ecosystem integrity, participation in environmental decision-making by civil society and individuals, and a just transition of the workforce and creation of decent work and quality jobs in accordance with nationally defined development priorities and strategies [towards SOCIALLY EQUITABLE AND ENVIRONMENTALLT SOUND economies for all],

 

 Recognizing the importance and special characteristics of land use, including forests, in relation to, inter alia, food security, diverse land management systems, removals as well as emissions, multiple sustainability objectives, disturbance, permanence, community in the eradication of hunger and safeguarding food security,

 

Recognizing the critical role played by sinks and reservoirs of greenhouse gases, such as forests, through mitigation and adaptation actions, [and the Joint Mitigation and Adaptation Mechanism] to attain the stabilization of greenhouse gas concentrations in the atmosphere, conserve biological diversity, restore ecosystems and enhance ecosystem services, including food security, while acknowledging their vulnerability to climate change and associated natural disturbances;

 

Reaffirming the crucial importance of education, training, public awareness, public participation, public access to information and international cooperation on these matters for promoting changes in lifestyles, attitudes and behaviour needed [to foster low-emission and climate-resilient development] and to mobilize public support for climate policies and action, recognizing that sustainable lifestyles and sustainable patterns of consumption and production play an important role in addressing climate change, with the lead of developed countries]and recognizing the important role that subnational and local authorities, as well as non-state actors and the private sector, play in addressing climate change,

 

REAFFIRMING THE ANCHORAGE DECLARATION THAT CALLS UPON THE PARTIES TO THE UNFCCC TO RECOGNIZE THE IMPORTANCE OF TRADITIONAL KNOWLEDGE AND PRACTICES SHARED BY INDIGENOUS PEOPLES IN DEVELOPING STRATEGIES TO ADDRESS CLIMATE CHANGE MUST BE RESPECTED AND IMPLEMENTED ALONG WITH THEIR RIGHTS UNDER THE DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES

 

ACKNOWLEDGING THE RELEVANCE OF THE LINK BETWEEN THE ALMOST UNIVERSABLY ADOPTED SUSTAINABLE DEVELOPMENT GOALS AND THE UNFCCC, ESPECIAALLY SDG 13 CLIMATE ACTION WITH THE CALL TO TAKE URGENT ACTION TO COMBAT CLIMATE CHANGE AND ITS IMPACTS

 

CONCERNED THAT CLIMATE CHANGE IS CONTRIBUTING TO CLIMATE CHANGE   REFUGEES

AT COP15, REPORTS WERE RELEASED (I) FROM THE UN HIGH COMMISSION ON REFUGEES; THEIR REPORT INDICATED THAT CLIMATE-CHANGE RELATED REFUGEES HAD INCREASED. AND (II) FROM THE WHO THAT REPORTED ON THE FAILURE IN THE NEGOTIATIONS TO CONSIDER THE HEALTH IMPACTS OF CLIMATE CHANGE AS WELL AS THE HEALTH BENEFITS AND SAVINGS FROM SERIOUSLY REDUCING GREENHOUSE GAS EMISSIONS.

RECALLING THE COMMITMENT FROM HABITAT II “TO ENSURE THAT ALL CORPORATIONS INCLUDING TRANSNATIONAL CORPORATIONS COMPLY WITH ALL INTERNATIONAL AGREEMENTS, INCLUDING INTERNATIONAL ENVIRONMENTAL AGREEMENTS” AND NOTING THAT HESE AGREEMENTS COULD INCLUDE THE UNFCCC AND THE CONVENTION ON BIOLOGICAL DIVERSITY, THE CONVENTION TO COMBAT DESERTIFICATION AND DROUGHT , THE LAW OF THE SEA, THE WORLD CONVENTION ON THE PRESERVATION OF CULTURAL AND NATURAL HERITAGE, THE MONTREAL PROTOCOL ON OZONE DEPLETION ETC; ALL VITAL INSTRUMENTS FOR ADDRESSING GREENHOUSE GAS EMISSIONS CAUSE BY CORPORATIONS

CONCERNED ABOUT THE INFLUENCE OF TRANSNATIONAL CORPORATIONS ON THE UNFCCC AND ABOUT THE CURRENT TREND FOR PUBLIC/PRIVATE PARTNERSHIPS IN UNITED NATIONS SUSTAINABLE DEVELOPMENT POLICY; THIS TREND MUST BE DISCONTINUED BECAUSE IT INHERENTLY COMPROMISES THE PUBLIC PROCESS. THERE MUST BE PUBLIC FUNDS AVAILABLE FOR PROMOTING SOCIALLY EQUITABLE AND ENVIRONMENTALLY SOUND PRACTICES AND FOR THESE FUNDS TO BE CHANNELLED INTO THEIR APPROPRIATE INTERNATIONAL ARENAS

 

REAFFIRMING THE CALL FOR THE INTERGOVERNMENTAL PANEL ON CLIMATE CHANGE (IPCC) TO RECTIFY THE FACT THAT MILITARISM ¬ A MAJOR CONTRIBUTOR TO GREENHOUSE EMISSIONS HAS BEEN EXCLUDED FROM THE IPCC DELIBERATIONS

 

DEEPLY DISTURBED THAT CHANGES IN WORLD CLIMATE WOULD HAVE SERIOUS IMPACTS ON HUMAN HEALTH. AND THAT CONCERNS ABOUT THE IMPACTS ON HUMAN HEALTH ARE MOSTLY ABSENT IN THE UNFCCC COP DELIBERATIONS. NOTINGINTHAT ACTIONS TO ADDRESS CLIMATE CHANGE SIMULTANEOUSLY CONTRIBUTE TO THE ATTAINMENT OF THE HIGHEST POSSIBLE LEVEL OF HEALTH AND THAT CLIMATE CHANGE POLICIES AND HEALTH POLICIES SHOULD BE MUTUALLY SUPPORTIVE

 

RECOGNIZING, THE VITAL ROLE OF WATER AS A CONTRIBUTOR TO AND AS A CONSEQUENCE OF CLIMATE CHANGE MUST BE INCLUDED IN THE DISCUSSION ON  AND  GUARANTEEING THE HUMAN RIGHT TO WATER  MUST BE GUARANTEED; THIS  WOULD INVOLVE THE MANDATORY CONSERVATION OF WATER, THE PROHIBITION OF THE PRIVATIZATION OF THE WATER SUPPLY, AND THE ENDING OF THE DEPLETION OF WATER RESOURCES ESPECIALLY THOSE LINKED TO THE FOSSIL FUEL INDUSTRIES AND THE SPURIOUS CLIMATE CHANGE SOLUTIONS SUCH AS NUCLEAR AND BIOFUEL. AND CONSEQUENTLY, THE UN GENERAL ASSEMBLY RESOLUTION RECOGNIZING ACCESS TO CLEAN WATER, SANITATION AS A HUMAN RIGHT MUST BE ADOPTED AND IMPLEMENTED BY ALL STATES

 

RECALLING THE  COMMITMENT, in 1976 IN HABITAT I  TO DO THE FOLLOWING;

“ CONSIDERATION SHOULD BE GIVEN TO THE RADICAL REVERSAL OF CURRENT TRENDS, BOTH IN TERMS OF FACILITIES FOR AND MODES OF TRANSPORT IN ORDER TO PREVENT FURTHER DETERIORATION OF THE SITUATION WHERE LARGE CITIES ARE CONGESTED WITH PRIVATE VEHICLES WHICH IN MOST COUNTRIES CATER ONLY TO A MINORITY WHILE ADEQUATE PUBLIC TRANSPORT IS UNAVAILABLE TO URBAN AND RURAL RESIDENTS.) POLICIES ON TRANSPORTATION AND COMMUNICATION SHOULD PROMOTE DESIRED PATTERNS OF DEVELOPMENT TO SATISFY THE NEEDS ,F THE MAJORITY OF THE POPULATION, B TO ASSURE THE DISTRIBUTION OF ACTIVITIES TO FAVOUR MASS TRANSPORTATION, AND TO REDUCE CONGESTION AND POLLUTION BY MOTOR VEHICLES.

 

CONCURRING WITH  SDG Goal 9 ON CLIMATE CHANGE, "THAT ADDRESSING CLIMATE "URGENT"

http://pejnews.com/index.php?option =com_content&view=article&id=10379:sdg-goal-9-infrastructure-transportation-moving-away-from-car-dependency&catid=86:i-earth-news&Itemid=210

 

 

The Parties to this Agreement,

Have agreed as follows:

****Article 1 Definitions

 

For the purposes of this Agreement, all definitions contained in Article 1 of the Convention apply.

1. “Parties present and voting” means Parties present and casting an affirmative or negative vote; 

2. “Party” means a Party to this Agreement;

3. “CMA” means the Conference of the Parties serving as the meeting of the Parties to this Agreement; 

4. [Placeholder for “countries in need of support”;]

6. “Emission reductions” means the sum of all reduced emissions and increased carbon stocks;

UNFORTUNATELY MITIGATION IS NOT YET FRAMED IN TERMS OF EXTRACTION OF FOSSIL FUELS, BUT RATHER EXCLUSIVELY IN TERMS OF “EMITTING”. SEE ARTICLE 3 RE; NEED TO ADDRESS EXTRACTION  SEE CHAPTER 3

7bis. “JMA” means a mechanism for the implementation of joint mitigation and adaptation actions for the integral and sustainable management of forests alternative to REDD+ and to results-based payments;]

8. [“Developed country Party” means a developed country Party [under the Convention] [within the meaning of this Agreement] [under the UN system];]

9. [“Developing country Party” means a developing country Party [under the Convention] [within

the meaning of this Agreement] [under the UN system];]

10. [Placeholder for “climate finance”];

11. ["Conference of the Parties" means the Conference of the Parties to the Convention;]

12. ["Convention" means the United Nations Framework Convention on Climate Change, adopted in

New York on 9 May 1992;]

13. ["Party included in Annex I" means a Party included in Annex I to the Convention, as may be

amended, or a Party which has made a notification under Article 4, paragraph 2(g), of the

Convention;]

[Further definitions may be required at a later stage in the negotiating process.]

ADP AD HOC WORKING GROUP GURHAM PLATFORM

CBDR COMPREHWNSIVENESS DISTRIBUTION OF GLOBAL CARBON BUDGET ON CLIMATE JUSTICE

CMA CONFERENCE OF THE PARTIES MEETING TO THE DROUGHT MITIGATION CENTRE

CTCN CLIMATE TECHNOLOGY CENTER NETWORK

(IAR) INTERNATIONAL ASSESSMENT AND REVIEW AND

ICA INTERNATIONAL CONSULTATION AND ANALYSIS (ICA)

INDC- INTENDED NATIONALLY DETERMINED CONTRIBUTIONS

JMA MECHANISM FOR THE IMPLEMENTATION OF JOINT MITIGATION AND ADAPTION 

LDCF, the Least-Developed Countries Fund

 

NDMC NATIONAL DROUGHT MITATION CENTRE

NDMCC NATIONAL DISTASTER MANAGING COORDINATION COMMITTEE

NRV

IPC INTERGOVERNCOMMITTEE

REIOS REGIONAL ECONOMIC INTEGRATION ORGANIZATIONS (REIOS)

 

NABSTA – SUBSIDIARY BODY FOR SCIENTIFIC AND TECHNOLOGICAL ADVICE

REDD+ A COMMODIFICATION OF FORESTS APPROACH

SBI SUBSIDIARY BODY FOR IMPLEMENTATIONE

TNA TECHNOLOGY FOR CLIMATE CHANGE ADAPTION

TEC TECHNICAL EXECUTIVE COMMITT

****Article 2 (Purpose)

Option 2:

  This Agreement shall be implemented on the basis of equity and science, in full accordance with the principles of equity and common but differentiated responsibilities and respective capabilities[, in light of national circumstances the principles and provisions of the Convention INCLUDING THE PRECAUTIONARY PRINCIPLE, while ensuring the integrity and resilience of natural ecosystems, [the integrity of Mother Earth, protection of health, a just transition of the workforce and creation of decent work and quality jobs in accordance with nationally defined development priorities] and the respect, protection, promotion and fulfillment of human rights for all, including the right to health and sustainable development, including the right of people under occupation and to ensure gender equality and the full and equal participation of women, [and intergenerational equity

 

1.   The purpose of this Agreement is [to [enhance the implementation of the Convention and TO DISCHARGETHE OBLIGATION UNDER ARTICLE 2 OF UNFCCC] to achieve its objective [of the Convention] as stated in its Article 2. In order to strengthen and support the global response to the urgent threat of climate change, Parties shall agree to take urgent action and enhance cooperation AND support so as to:

a. hold the increase in the global average temperature [AT 1 °C OR WELL BELOW 1.5 above pre-industrial levels by ensuring deep cuts in global greenhouse gas [net] emissions.

b. pursue a transformation towards SOCIALLLY EQUITABLE AND ENVIRONMENTALLY SOUND sustainable development, to foster societies that are resilient to climate change and economies that are low in greenhouse gas emissions and to ensure that food production and distribution are not threatened.

c. increase their ability to adapt to the adverse impacts of climate change and to effectively respond to the impacts of the implementation of response measures and loss and damage.]

Each Party's [intended] nationally determined COMMITMENT will represent a progression in light of Parties' differentiated responsibilities and commitments under the Convention

Each Party's [intended] nationally determined COMMITMENT will represent a progression in light of Parties' differentiated responsibilities and commitments under the Convention

. The extent to which developing country Parties will effectively implement this Agreement will depend on the effective implementation by developed country Parties of their commitments on provision of finance, technology development and transfer and capacity-building.

. Pursue a transformation towards SOCIALLLY EQUITABLE AND ENVIRONMENTALLY SOUND sustainable development, to foster societies that are resilient to climate change and economies that are low in greenhouse gas emissions and to ensure that food production and distribution are not threatened.

c. increase their ability to adapt to the adverse impacts of climate change [and to effectively respond to the impacts of the implementation of response measures and loss and damage.

2.   [This Agreement shall be implemented on the basis of equity and science, in [full] accordance with the principles of equity and common but differentiated responsibilities and respective capabilities[, in light of national circumstances the principles and provisions of the Convention INCLUDING THE PRECAUTIONARY PRINCIPLE], while ensuring the integrity and resilience of natural ecosystems, [the integrity of Mother Earth, protection of health, a just transition of the workforce and creation of decent work and quality jobs in accordance with nationally defined development priorities] and the respect, protection, promotion and fulfillment of human rights for all, including the right to health and

sustainable development, [including the right of people under occupation] and to ensure gender equality and the full and equal participation of women, [and intergenerational equity.

IN PARIS, STATES MUST AGREE TO BASE THE COP 21 ON THE UNFCCC AND ON CREDIBLE EMERGING AND CURRENT SCIENCE AND THE PRECAUTIONARY PRINCIPLE AND THUS BECAUSE OF THE GLOBAL URGENCY, THERE MUST BE THE POLITICAL WILL TO RETURN EARTH’S TEMPERATURE TO ITS NATURAL PRE-INDUSTRIAL LEVEL, AND STRICT TIME FRAMES MUST BE IMPOSED TO RETURN THE CO2 IN THE ATMOSPHERE TO 278PPM BY 2050.

 

BECAUSE OF THE GLOBAL URGENCY, THERE MUST BE THE POLITICAL WILL TO RETURN EARTH’S TEMPERATURE TO ITS NATURAL PRE-INDUSTRIAL LEVEL, AND STRICT TIME FRAMES MUST BE IMPOSED, SO THAT OVERALL GLOBAL EMISSIONS OF GREENHOUSE GASES WILL BEGIN TO BE REVERSED AS OF 2015 THERE MUST BE A GLOBAL TARGET FOR GREENHOUSE GAS EMISSION REDUCTIONS OF AT LEAST 30% BELOW 1990 LEVELS BY 2017, AT LEAST 50% BELOW 1990 LEVELS BY 2020, AT LEAST 75% BELOW 1990 LEVELS BY 2030, AT LEAST 85% BELOW 1990 LEVELS BY 2040 AND 100% BELOW 1990 EMISSIONS BY 2050  WHILE ADHERING TO THE PRECAUTIONARY PRINCIPLE, THE DIFFERENTIATED RESPONSIBILITY PRINCIPLE *, AND THE FAIR AND JUST TRANSITION PRINCIPLE. THE REQUIRED REDUCTIONS IN EMISSIONS CANNOT BE ACHIEVED WITHOUT AN IMMEDIATE END TO THE DESTRUCTION OF CARBON SINKS. UNDER THE UNFCCC, EVERY STATE SIGNATORY INCURRED THE OBLIGATION TO CONSERVE CARBON SINKS; THUS THE DESTRUCTION OF SINKS, INCLUDING DEFORESTATION AND ELIMINATION OF BOGS MUST END IMMEDIATELY.

THE GOAL OF COP 21 MUST BE TO RETURN TEMPERATURES TO PRE-INDUSTRIAL LEVELS AND RETURN ATMOSPHERIC CO2 BACK TO 278PPM AT THE LATEST BY 2050

AT COP20 ALL STATES SHOULD EXPRESSTHEIR PLEDGES AS A ?% BELOW 1990 LEVELS BY 2020

SO AN ACCURATE COMPARISON CAND BE MADE

IMPORTANCE OF ADDRESSING HISTORIC EMISSIONS

 Of all CO2 emissions since 1850-2011 the US accounts for 21.2 per cent, EU 18 per cent, China 10 per cent and India 2.2 per cent.(http://www.ipsnews.net/2015/11/asia-wants-paris-climate-talks-to-tackle-historic-emissions-and-make-some-real-change/)

 

 

I "MITIGATION" MUST INCLUDE THE CONTRIBUTION OF CONTINUED EXTRACTION OF FOSSIL FUELS:

 

IMpory

 

****ARTICLE 3 MITIGATION

 

RECENT ANALYSIS BY THE INTERNATIONAL ENERGY AGENCY INDICATES THAT PARTIES WILL NEED TO CREATE POLICY FRAMEWORKS THAT CAN MOBILIZE AROUND $1 TRILLION IN NEW FUNDING ANNUALLY BY 2020 AND UP TO $2 TRILLION ANNUALLY WORLDWIDE BY 2035, WHEN ABOUT $1 TRILLION IS REQUIRED PER YEAR FOR ENERGY EFFICIENCY16 AND RENEWABLES17 EACH, FROM THE BOTH PUBLIC AND PRIVATE SECTORS. REGARDING ENERGY EFFICIENCY, IEA ADDS THAT SIGNIFICANT ENERGY AND RELATED COST SAVINGS THROUGH THESE INVESTMENTS COULD SHARPLY REDUCE OVERALL COSTS OR EVEN RESULT IN NET BENEFITS OVER TIME. SIMILARLY BLOOMBERG NEW ENERGY FINANCE ESTIMATES THAT INVESTMENTS OF $880BN ANNUALLY WILL BE NEEDED IN 2030 FOR RENEWABLES ALONE, MAINLY SOLAR AND WIND.PARTICULARLY SOLAR AND WIND. Barrier Busting Scenario on P.13 of http://about.bnef.com/presentations/global-renewable-energy-market-outlook-2013-fact-pack/ and cited in http://civilsocietyreview.org/wp-content/uploads/2015/11/CSO_FullReport.pdf

 

 

 

ANY AGREEMENT MUST ONLY SEEK TO IMPLEMENT ENERGY SOURCES WHICH CAN REALISTICALLY BE CONSIDERED NEW, RENEWABLE AND CLEAN ENERGY SOURCES. THESE ARE SOLAR THERMAL, SOLAR PHOTOVOLTAIC, WIND, HYDRO, ….GEOTHERMAL, OCEAN, ANIMAL AND HUMAN POWER, AS REFERRED TO IN THE REPORTS OF THE COMMITTEE ON THE DEVELOPMENT AND UTILIZATION OF NEW AND RENEWABLE SOURCES OF ENERGY, PREPARED SPECIFICALLY FOR THE CONFERENCE 2? (SEE A/CONF.151/PC/119 AND A/AC.218/1992/5).

 

THE FAIR AND JUST TRANSITION PRINCIPLE MUST BE INSTITUTED TO ASSIST WORKERS AND COMMUNITIES IN THE TRANSITION FROM UNSUSTAINABLE TO SUSTAINABLE DEVELOPMENT. THIS PRINCIPLE HOLDS THAT WORKERS WHO ARE ENGAGED IN UNSUSTAINABLE PRACTICES THAT ARE HARMFUL TO HUMAN HEALTH AND THE ENVIRONMENT, WILL NOT OPPOSE THE TRANSITION TO SOCIALLY EQUITABLE AND ENVIRONMENTALLY SAFE AND SOUND PRACTICES (SEESS), PROVIDING SOCIETY OFFERS THEM A FAIR AND JUST TRANSITION TO (SEESS).

ENFORCE REGULATIONS THAT WOULD SOCIALLY EQUITABLE ENVIRONMENTALLY SAFE AND SOUND RENEWABLE ENERGY, TRANSPORTATION, AGRICULTURE, FORESTRY ETC.

XIII COMMITTING TO INSTITUTING SUPPORT FOR SOCIALLY EQUITABLE AND ENVIRONMENTALLY SAFE AND SOUND RENEWABLE ENERGY, TRANSPORTATION, AGRICULTURE, FORESTRY ETC.

 

ALL STATES MUST EMBARK IMMEDIATELY ON TIME-BOUND PHASING OUT OF SUBSIDIES FOR FOSSIL FUEL, FOR BIOFUEL, FOR NUCLEAR ENERGY AND OTHER NON-SUSTAINABLE ENERGY SOURCES, AND A TIME-BOUND COMMITMENT TO CONSERVATION, AND TO SUBSIDIZING AND INVESTING IN SOCIALLY EQUITABLE AND ENVIRONMENTALLY SAFE AND SOUND RENEWABLE ENERGY, TRANSPORTATION, AGRICULTURE, FORESTRY ETC. OPTIONS, THAT WILL REDUCE GREENHOUSE GAS EMISSIONS. THESE FUNDS SHOULD FLOW INTO AND OUT OF THE FUND FOR THE IMPLEMENTATION OF THE UNFCCC. ANDTHE UNITED NATIONS SHOULD ESTABLISH BY THE END OF 2016 TRANSPARENT MECHANISMS TO ENSURE THE DISCLOSURE OF DETAILED AND ACCURATE NATIONAL GHG EMISSIONS DATA, INCLUDING DATA RELATED OF GREENHOUSE GAS EMISSIONS FROM MILITARY ACTIVITIES. THIS DATA SHOULD BE COLLECTED BY INDEPENDENT UN APPOINTED SCIENTISTS, WHO SHOULD DETERMINE WHETHER FULL DISCLOSURE HAS TAKEN PLACE. WHERE THERE HAS NOT BEEN FULL DISCLOSURE THEN ENFORCEMENT MECHANISM SHOULD BE IN PLACE.

 

 THE MEMBER STATES SHOULD INSTITUTE A FAIR AND JUST TRANSITION PROGRAM FOR WORKERS AND COMMUNITIES AFFECTED BY THE SUNSETTING OF FOSSIL FUEL, BIOFUEL AND NUCLEAR INDUSTRIES. THIS PROGRAM WOULD INVOLVE RE-TRAINING AND COMPENSATION FOR WORKERS;

 

IN ADDITION "MITIGATION" MUST INCLUDE THE CONTRIBUTION OF CONTINUED EXTRACTION OF FOSSIL FUELS:

FROM THE LEAVE IT IN THE GROUND INITIATIVE (LINGO) WWW.LEAVE-IT-IN-THE-GROUND.ORG AUGUST 2015 THE PARIS MIRAGE -

"REDUCING EMISSIONS WHILE INCREASING THEM MANY GOVERNMENTS WILL PLEDGE TO REDUCE THEIR COUNTRIES’ CO2 EMISSIONS AT COP21. PARADOXICALLY, AT THE SAME TIME, MOST ARE WORKING TO INCREASE THEM. MITIGATION IS NOT YET FRAMED IN TERMS OF EXTRACTION OF FOSSIL FUELS, BUT RATHER EXCLUSIVELY IN TERMS OF “EMITTING”. THIS ALLOWS EXTRACTION TO GO ON, BARELY AFFECTED BY MITIGATION EFFORTS. CLIMATE POLICY DOES NOT YET SPEAK TO MINING AND EXTRACTION POLICY. GOVERNMENTS CONTINUE TO PROVIDE SUBSIDIES FOR FOSSIL FUEL EXTRACTION, EVEN TO EXPLORATION. THE BIGGEST NATIONAL EXTRACTION SECTORS THAT IN 2014 CAUSED MORE THAN HALF A GIGATON OF CO2 EMISSIONS

HTTP://PARISCLIMATEJUSTICE.ORG/SITES/DEFAULT/FILES/IMAGES/THEPARISMIRAGELINGOBRIEF.PDF

 

1. CHINA COAL: 7.7 GT ^

2. USA COAL: 1.8 GT 

3. USA GAS: 1.5 GT ^

4. USA OIL: 1.3 GT ^

5. SAUDI ARABIA OIL: 1.3 GT ^

6. INDIA COAL: 1.3 GT ^

7. RUSSIA OIL: 1.3 GT ^

8. RUSSIA GAS: 1.2 GT -

9. AUSTRALIA COAL: 1.0 GT N

10. INDONESIA COAL: 0.9 GT N

11. RUSSIA COAL: 0.7 GT N

12. SOUTH AFRICA COAL: 0.5 GT N

FIGURE 1. KEY EXTRACTION SECTORS WITH ANNUAL CO2 EMISSIONS AND 5-YEAR-TRENDS (ARROWS)

 

SECTOR EXTRACTION RESERVES YEARS PARIS ACCORD IMPACT

(GTCO2/YEAR) (GTCO2) (R/P RATIO)

CHINA COAL 7.7 229.0 30 NO IMPACT (INTENSITY TARGET)

USA COAL 1.8 474.6 262 NEGATIVE IMPACT

USA GAS 1.5 19.5 13 NO IMPACT (COAL SUBSTITUTION)

USA OIL 1.3 15.4 11 NO IMPACT (IMPORT SUBSTITUTION)

SAUDI ARABIA OIL 1.3 84.6 64 NO IMPACT (NO TARGET & EXPORT)

INDIA COAL 1.3 121.2 94 NO IMPACT (INTENSITY TARGET)

RUSSIA OIL 1.2 32.7 26 NO IMPACT (HOT AIR & EXPORT)

RUSSIA GAS 1.2 65.3 56 NO IMPACT (HOT AIR & EXPORT)

AUSTRALIA COAL 0.8 152.8 155 NO IMPACT (EXPORT)

 INDONESIA COAL 0.9 56.0 61 POSSIBLY SMALL NEGATIVE IMPACT

 

FIGURE 2. SECTORAL IMPACTS OF AN ASSUMED PARIS ACCORD OVER THE NEXT 15 YEARS

SOURCES: BP STATISTICAL REVIEW OF WORLD ENERGY 2015, OWN CALCULATION

 

PARTIES AFFIRM THAT A GLOBAL EFFORT MUST BE MADE TO MOVE AWAY FROM CAR DEPENENDENCY, TO INSTITUTE CAR FREE DAYS, WEEKS OR MOREAND CREATE CARFREE CITY CENTRES. A GLOBAL EFFORT MUST ALSO BE MADE TO  INCREASE THE PRODUCTION AND USE OF SOCIALLY EQUITABLE AND ENVIRONMENTALLY SOUND  PUBLIC TRANSIT.

 

1. Collective long-term goal

Option 2:

Parties aim to reach long-term global low-emission transformation, in the context of sustainable development and equitable access to atmospheric space placeholder for further elaboration of the context, including CBDR, comprehensiveness, distribution of global carbon budget based on climate justice and etc.

 And bearing in mind social and economic development and poverty eradication are the first and overriding priorities of developing country Parties ensuring decarbonisation of the global economy over the course of this century] global low - carbon transformation] global low-emission transformation in the sharing of the remaining global emission budget.

 

2. Individual efforts

Option 1:

Each Party shall implement successive nationally determined mitigation COMMITMENT referred to in Article 2 bis] {hereafter NDMC}, which the Party shall implement.

Option 2:

All Parties recognizing the principle of common but differentiated responsibilities and respective capabilities] shall

regularly [submitupdate] and shall implement]ntended nationally determined mitigation COMMITMENTS NATIONALLY DETERMINED MITIGATION COMMITMENTS  THROUGH ENACTING THE LEGISLATION TO ENSURE COMPLIANCE WITH  THEIR COMMITMENTS  TO ENSURE ITS DISCHARGING OF THE OBLIGATIOS UNDER  RELECANT ARTICLES UNDER UNFCCC ,THROUGH ENDING FOSSIL FUEL SUBSIDIES AND  THROUGH  EMBARKING ON FOSSIL FUEL DIVESTMENT.

3. Differentiated efforts

Option

3.3ter Developed country Parties' post-2020 economy-wide absolute emission reduction commitments/targets shall be progressively more ambitious over time. AT LEAST 50% BELOW 1990 LEVELS BY 2020, AT LEAST 75% BELOW 1990 LEVELS BY 2030, AT LEAST 85% BELOW 1990 LEVELS BY 2040 AND 100% BELOW 1990 EMISSIONS BY 2050 taking into account] its common but differentiated responsibilities and respective capabilities, in light of different national  circumstances { principle based differentiation} 3.3alt: Developed countries [and other Parties [in a position][who determine] to do so] should take the lead in mitigation efforts, including by [communicating] [and implementing] absolute economy-wide emissions reduction [or limitation] targets and all other Parties should aim to do so over time. [developed countries taking the lead + modality based differentiation option  in accordance with taking into account its common but differentiated responsibilities and respective capabilities, in light of different national circumstances [

4. Progression

Each Party's NDMC/NDMCC shall] be progressively more ambitious over time. [The progression of ambition of developing country Parties' NDMC/NDMCC will be supported and enabled by enhanced finance, technology development and transfer and capacity-building by developed country Parties over time.]

5. Ambition

Each Party should ensure that its NDMC/NDMCC reflects the Party's highest possible ambition, in light of its national circumstances and of recommendations by science. 4This provision may apply to other parts of this Article, in particular features and housing

6.Information

In communicating their [proposed] [intended] NDMC/NDMCC, Parties shall provide the information necessary for clarity, transparency and understanding, in accordance with decision 1/CP.21 1/CP.20 and any subsequent decisions by the CMA. [Article 12 of the Convention and the relevant arrangement for reporting information adopted by the COP including those resulting from the Bali Action Plan and the information listed in decision 1/CP.20.]

7. Features 5

 Option 1:

Each Party’s NDMC/NDMCC shall:

(a)   [Be quantified or quantifiable;]

(b) Be unconditional, at least in part; 6 with developing countries able to specify additional levels of mitigation to be implemented with support;]

(c) Maximize adaptation co-benefits;

(d) [Prioritize actions that are immediately implementable, scalable and results oriented INCLUDING SOCIALLY EQUITABLE AND ENVIRONMENTALLY SOUND FORESTRY,

*ENDTHE FALSE SOLUTION OF USING GE FORESTS

*ADDRESSTHE IMPACT OF DEFORESTATION, REFERRED TO IN UNCED:

FORESTS WORLD-WIDE HAVE BEEN AND ARE BEING THREATENED BY UNCONTROLLED DEGRADATION AND CONVERSION TO OTHER TYPES OF LAND USES, INFLUENCED BY INCREASING HUMAN NEEDS, AGRICULTURAL EXPANSION AND ENVIRONMENTALLY HARMFUL MISMANAGEMENT, INCLUDING, FOR EXAMPLE, LACK OF ADEQUATE FOREST-FIRE CONTROL AND ANTI-POACHING MEASURES, UNSUSTAINABLE COMMERCIAL LOGGING, OVERGRAZING AND… THE IMPACTS OF LOSS AND DEGRADATION OF FORESTS ARE IN THE FORM OF SOIL EROSION, LOSS OF BIOLOGICAL DIVERSITY, DAMAGE TO WILDLIFE HABITATS AND DEGRADATION OF WATERSHED AREAS, DETERIORATION OF THE QUALITY OF LIFE AND REDUCTION OF THE OPTIONS FOR SUSTAINABLE DEVELOPMENT [SOCIALLY EQUITABLE AND ENVIRONMENTAL] DEVELOPMENT. (11.12. DEFORESTATION, AGENDA 21, UNCED, 1992)

 

*(I) UNSUSTAINABLE FOREST MANAGEMENT IS THE MAIN CAUSE OF FOREST DEGRADATION, WHILE THE CONVERSION OF FORESTS INTO AGRICULTURAL LAND IS BY FAR THE MAIN CAUSE OF DEFORESTATION. (II)THE EXPANSION OF LARGE-SCALE AGRO-INDUSTRIAL MONOCULTURES FOR FOOD, FIBRE AND, INCREASINGLY, ENERGY PRODUCTION IS BOTH AN IMPORTANT DIRECT CAUSE OF DEFORESTATION AND AN IMPORTANT UNDERLYING CAUSE OF FOREST LOSS (III)THE EXPANSION OF MONOCULTURES ON EXISTING ARABLE LAND CAUSES CATTLE RANCHING AND OTHER FORMS OF AGRICULTURE TO MOVE TOWARDS FOREST AREAS AND OTHER NATURAL ECOSYSTEMS.(IV)BIODIVERSITY I.E. MONOCULTURE PLANTATIONS ARE USUALLY (NOT ALWAYS) EXOTICS THEREFORE REPLACEMENT (AFTER CUTTING) CREATES PROBLEMS FOR ENDEMIC SPECIES (V) SUSTAINABLE LIVELIHOODS ARE IGNORED. INDIGENOUS PEOPLES USE THEIR FORESTS FOR FOOD, SHELTER, WATER SUPPLY, MEDICINES ETC. (VI) MONOCULTURES PROVIDE NO PROTECTION FOR ENDEMICS OR LIVELIHOODS AND THE RISK FROM MONOCULTURES OF INDIGENOUS SPECIES POSES A POTENTIAL THREAT TO BIODIVERSITY

(PRESENTATION, SANDY GAUNTLETT PACIFIC INDIGENOUS PEOPLES ENVIRONMENT COALITION: PRESENTATION TO THE PEOPLES CONFERENCE, COCHABAMBA)

*THE REDD AND REDD+PROGRAMME IS FLAWED AND INEQUITABLE; THERE WAS A MEETING, REGARDING THE REDD PROGRAMME, IN NORWAY: WHILE REDD IS A UN PROGRAMME UNDER UNITED NATIONS ENVIRONMENT PROGRAMME (UNEP), UNITED NATIONS DEVELOPMENT PROGRAMME (UNDP) AND UN FOOD AND AGRICULTURAL ORGANIZATION (FAO), ONLY THOSE STATES THAT HAVE TAKEN NOTE OR BEEN COERCED INTO TAKING NOTE OF THE COPENHAGEN ACCORD HAD BEEN INVITED TO PARTICIPATE IN THE DELIBERATIONS IN NORWAY.

*CORPORATIONS INCLUDING TRANSNATIONAL CORPORATION HAVE BEEN GRANTED CONCESSIONS IN FORESTS IN DEVELOPING STATES AND ON INDIGENOUS LANDS, TO LOG OR TO PLANT BIO-FUEL PLANTATIONS, WHICH HAVE BEEN IN VIOLATION OF THE CONVENTION ON BIOLOGICAL DIVERSITY. THE REDD PROGRAM IS BEING USED TO GIVE CARBON CREDITS TO TRANSNATIONAL CORPORATIONS TO OFFSET YEARS OF DESTRUCTIVE PRACTICES SUPPORTED OR CONDONED BY MAJOR INDUSTRIALISED STATES.

 

*(I) UNSUSTAINABLE FOREST MANAGEMENT IS THE MAIN CAUSE OF FOREST DEGRADATION, WHILE THE CONVERSION OF FORESTS INTO AGRICULTURAL LAND IS BY FAR THE MAIN CAUSE OF DEFORESTATION. (II)THE EXPANSION OF LARGE-SCALE AGRO-INDUSTRIAL MONOCULTURES FOR FOOD, FIBRE AND, INCREASINGLY, ENERGY PRODUCTION IS BOTH AN IMPORTANT DIRECT CAUSE OF DEFORESTATION AND AN IMPORTANT UNDERLYING CAUSE OF FOREST LOSS (III)THE EXPANSION OF MONOCULTURES ON EXISTING ARABLE LAND CAUSES CATTLE RANCHING AND OTHER FORMS OF AGRICULTURE TO MOVE TOWARDS FOREST AREAS AND OTHER NATURAL ECOSYSTEMS.(IV)BIODIVERSITY I.E. MONOCULTURE PLANTATIONS ARE USUALLY (NOT ALWAYS) EXOTICS THEREFORE REPLACEMENT (AFTER CUTTING) CREATES PROBLEMS FOR ENDEMIC SPECIES (V) SUSTAINABLE LIVELIHOODS ARE IGNORED. INDIGENOUS PEOPLES USE THEIR FORESTS FOR FOOD, SHELTER, WATER SUPPLY, MEDICINES ETC.(VI)MONOCULTURES PROVIDE NO PROTECTION FOR ENDEMICS OR LIVELIHOODS AND THE RISK FROM MONOCULTURES OF INDIGENOUS SPECIES POSES A POTENTIAL THREAT TO BIODIVERSITY (PRESENTATION, SANDY GAUNTLETT PACIFIC INDIGENOUS PEOPLES ENVIRONMENT COALITION: PRESENTATION TO THE PEOPLES CONFERENCE, COCHABAMBA)

*THE REDD + PROGRAMME IS FLAWED AND INEQUITABLE; THERE WAS A MEETING, REGARDING THE REDD PROGRAMME, IN NORWAY: WHILE REDD IS A UN PROGRAMME UNDER UNITED NATIONS ENVIRONMENT PROGRAMME (UNEP), UNITED NATIONS DEVELOPMENT PROGRAMME (UNDP) AND UN FOOD AND AGRICULTURAL ORGANIZATION (FAO), ONLY THOSE STATES THAT HAVE TAKEN NOTE OR BEEN COERCED INTO TAKING NOTE OF THE COPENHAGEN ACCORD HAD BEEN INVITED TO PARTICIPATE IN THE DELIBERATIONS IN NORWAY.

*CORPORATIONS INCLUDING TRANSNATIONAL CORPORATION HAVE BEEN GRANTED CONCESSIONS IN FORESTS IN DEVELOPING STATES AND ON INDIGENOUS LANDS, TO LOG OR TO PLANT BIO-FUEL PLANTATIONS, WHICH HAVE BEEN IN VIOLATION OF THE CONVENTION ON BIOLOGICAL DIVERSITY. THE REDD PROGRAM IS BEING USED TO GIVE CARBON CREDITS TO TRANSNATIONAL CORPORATIONS TO OFFSET YEARS OF DESTRUCTIVE PRACTICES SUPPORTED OR CONDONED BY MAJOR INDUSTRIALISED STATES.

COMPLY WITH THE COMMITMENT IN 1996, AT HABITAT II, ALL STATES MADE A COMMITMENT

TO ENSURE THAT ALL CORPORATIONS INCLUDING TRANSNATIONAL CORPORATIONS COMPLY WITH ALL INTERNATIONAL AGREEMENTS, INCLUDING INTERNATIONAL ENVIRONMENTAL AGREEMENTS. THESE AGREEMENTS WOULD INCLUDE THE UNFCCC AND THE CONVENTION ON BIOLOGICAL DIVERSITY.

 

 STATES MUST PREVENT DESTRUCTIVE DEVELOPMENT PROCESSES RESULTING FROM LARGE DAMS, RIVER DIVERSIONS, WATER INSTALLATIONS AND IRRIGATION SCHEMES, EROSION, SEDIMENTATION, DEFORESTATION AND DESERTIFICATION HAVE LED TO INCREASED LAND DEGRADATION, AND THE CREATION OF RESERVOIRS HAS, IN SOME CASES, RESULTED IN ADVERSE EFFECTS ON ECOSYSTEMS. MANY OF THESE PROBLEMS HAVE ARISEN FROM A DEVELOPMENT MODEL THAT IS ENVIRONMENTALLY DESTRUCTIVE AND FROM A LACK OF PUBLIC AWARENESS AND EDUCATION ABOUT SURFACE AND GROUNDWATER RESOURCE PROTECTION. ECOLOGICAL AND HUMAN HEALTH EFFECTS ARE THE MEASURABLE CONSEQUENCES, ALTHOUGH THE MEANS TO MONITOR THEM ARE INADEQUATE OR NON-EXISTENT IN MANY COUNTRIES. THERE IS A WIDESPREAD LACK OF PERCEPTION OF THE LINKAGES BETWEEN THE DEVELOPMENT, MANAGEMENT, USE AND TREATMENT OF WATER RESOURCES AND AQUATIC ECOSYSTEMS.

 

See SDG Goal 15

SDG GOAL 15: THE IMPERATIVE TO END LOGGING IN THE OLD GROWTH FORESTS, BAN GE FORESTS AND COMBAT DESERTIFICATION

http://pejnews.com/index.php?option=com_content&view=article&id=10359:sdg15-the-imperative-to-end-logging-in-the-old-growth-forests&catid=86:i-earth-news&Itemid=210

 

(e) Include all key categories of emissions by sources and removals by sinks;]

(f) [Include any source, sink or activity that has been previously included;]

(g) [Continue to include any sources, sink or activity that has been previously included;]

(h) [Be based on reference values that are defined transparently and are consistent with environmental integrity;]

(i) [Use common Intergovernmental Panel on Climate Change (IPCC) metrics, guidance and guidelines for the estimation of greenhouse gas emissions and removals as agreed by the CMA;]

(j)   [To the extent that it uses baselines, base these on real and verifiable data;

(k)   Be implemented in accordance with the provisions of the Convention;

(l)   [Take into account the outcomes of the global stock-take and the process to facilitate implementation set out in Articles 10 and 11 respectively

(m) [Parties should use joint mitigation and adaptation approach for the integral and sustainable management of forests as an alternative policy approach to results-based payments;]

(n) which can be in the form of co-benefits resulting from its the Party's adaptation contributions and economic diversification plans?

(o) [Ensure environmental integrity;]

ALL STATES MUST RATIFY AND IMPLEMENT   UN CONVENTION ON COMBATING DESERTIFICATION AND DROUGHT ATHE Convention FOR REDUCTION OF DISASTERS

PREVENT NA-TECH

MOST STATES HAVE SIGNED AND RATIFIED THE 1994 CONVENTION FOR REDUCTION OF DISASTERS, IN WHICH THE CONCEPT OF DISASTER REDUCTION HAS BEEN EXTENDED TO WHAT HAS BEEN DESCRIBED AS “NA-TECHS”—SITUATIONS THAT WOULD INCLUDE ENVIRONMENTAL AND TECHNOLOGICAL DISASTERS. THE SIGNATORIES RECOMMEND THE ENLARGED CONCEPT OF DISASTERS:

EXPERIENCE HAS DEMONSTRATED THAT, ALTHOUGH NOT A PART OF THE MANDATE OF THE DECADE, THE CONCEPT OF THE DISASTER REDUCTION SHOULD BE ENLARGED TO COVER NATURAL AND OTHER DISASTER SITUATIONS INCLUDING ENVIRONMENTAL AND TECHNOLOGICAL DISASTERS (NA-TECHS) AND THEIR INTERRELATIONSHIP WHICH CAN HAVE A SIGNIFICANT IMPACT ON SOCIAL, ECONOMIC, CULTURAL AND ENVIRONMENTAL SYSTEMS, IN PARTICULAR IN DEVELOPING COUNTRIES (B I CONFERENCE ON NATURAL DISASTER REDUCTION, 1994).

IF STATES CONTINUE TO FAIL TO REVOKE CHARTERS AND LICENCES OF CORPORATIONS THAT ARE ENGAGED IN DANGEROUS AND NEGLIGENT PRACTICES THAT COULD RESULT IN NA-TECH DISASTERS. IT APPEARS, HOWEVER, THAT WHILE STATES ARE CONCERNED ABOUT THE IMPACT OF NATECH- NATURAL DISASTERS IMPACTING ON TECHNOLOGY; THEY IGNORE THE IMPACT OF TECHNOLOGY CAUSING NATURAL DISASTERS. 

8. Timing

Option 2:

The enhancement of the [(I)NDCS NDMC/NDMCC of developing country Parties is premised the adequacy of finance, technology transfer and capacity building support from developed country Parties. A developing country Party may adjust its [(I) NDC NDMC/NDMCC when severely affected by an extreme natural event, force majeure, or when adequate finance, technology development and transfer, and capacity building support is not available;

*3.4: This restructuring does not deal with the accompanying information requirements, as currently outlined in 3.4. After stripping out the timings elements, the paragraph would read: There shall be a high-level session on mitigation, as part of the process outlined in Article 10 every 5 years, the modalities of which are to be in accordance with decision 1/CP.21 and any subsequent decisions by the CMA]

 9. Housing

SUPPORT SOCIAL EQUITABLE AND ENVIRONMENTALLY SOUND ACHIECTURAL CONSTRUCTION INCLUDING RETROFITTING, AND NCORPORATING ENERGY CONSERVATION AND THE USE OF RENEWABLE ENERGY REEXAMINE COMMITMENTS MADE THROUGH HABITAT 1 AND HABITAT II AND CONSIDER COMPLEMENTING SDGS

SDG GOAL 11 MAKING CITIES AND HUMAN SETTLEMENTS INCLUSIVE, SAFE RESILIENT AND SUSTAINABLE.

HTTP://PEJNEWS.COM/INDEX.PHP?OPTION=COM_CONTENT&VIEW=ARTICLE&ID=10411:SDG-GOAL-11-ACOMMENT-MAKING-CITIES-AMN-HUMAN-SETTLEMENTS-INCLUSIVE-SAFE-RESILIENT-AND-SUSTAINABLE&CATID=74:IJUSTICE-NEWS&ITEMID=21

6

10. Accounting

Option 2:

[In tracking progress towards achieving NDMC/NDMCC, Parties shall apply the principles of transparency, accuracy, completeness, comparability, consistency, avoidance of double-counting and environmental integrity.]

The rules and guidance related to tracking of progress towards achieving NDMC/NDMCC accounting that are set forth in relevant COP decisions and in] decision 1/CP.21], including with respect to land use and land-use change and forests] and internationally transferred mitigation outcomes shall be adopted by the CMA at its first session and maybe amended by any subsequent decisions by the CMA so as to improve clarity, transparency and environmental integrity of the agreement.

 Taking into consideration

 the principles of common but differentiated responsibilities and respective capabilities, and article 4.9 of the (b) [In accounting for their NDMC/NDMCC, each Party shall, taking into account guidance developed under paragraph

 (i)Use common metrics, guidance and guidelines accepted by the IPCC for the estimation of greenhouse gas emissions and removals and agreed by the CMA

(I)Ensure methodological consistency between the definition of the NDMC/NDMCC and its implementation];

(iii) [Include an explanation for the exclusion from their NDMC/NDMCC of any key categories of emissions and removals, and strive to include these over time];

(iv) [[Ensure that] Once a source, sink or activity is accounted for in a NDMC/NDMCC, Parties shall continue to include];

(v) Ensure that internationally transferred mitigation outcomes used by any Party to meet its nationally determined mitigation commitment shall be real, permanent, additional and

verified, be subject to systems to ensure that units are not counted more than once in tracking progress toward nationally determined mitigation commitments and shall be supplemental to domestic action

 Option 1:

Taking into consideration the principles of common but differentiated responsibilities and respective capabilities, and article 4.9 of the Convention]

12. Long-term strategies

A LONG-TERM ZERO EMISSIONS SUSTAINABLE DEVELOPMENT PATHWAY [, BEARING IN MIND THAT SOCIAL AND ECONOMIC DEVELOPMENT AND POVERTY ERADICATION ARE THE FIRST AND OVERRIDING PRIORITIES OF DEVELOPING COUNTRIES FOR DEVELOPING COUNTRIES THAT COMBINES ADAPTATION AND MITIGATION TO REDUCE CLIMATE CHANGE AND ITS IMPACTS: ·CONSISTENT WITH CARBON NEUTRALITY / NET ZERO EMISSIONS BY 2050, OR FULL DECARBONIZATION BY 2050 AND/OR NEGATIVE EMISSIONS BY 2100 [FOR DEVELOPED COUNTRIES

Parties SHALL ] formulate and communicate longer-term low-emission development strategies in accordance with the modalities to be decided by the CMA at its first session Developed country Parties shall formulate low emissions development strategies with time frames for zero emissions. Developing country Parties are encouraged to develop a long-term green and low-carbon development strategy, plan or programme, as appropriate]. The secretariat shall maintain in a public registry, Parties' communicated low-emission development strategies.

13. Response Measures

[Preamble: Parties acknowledge the importance of cooperation including around economic diversification to reduce the adverse impacts of the implementation of response measures.]

 Option 1:

[Parties shall give full consideration to what actions are necessary under the Agreement to meet the specific needs and concerns of developing country Parties arising from the impact of the implementation of response measures, including in terms of economic diversification, and taking into consideration that poverty eradication and social and economic development, are the first and overriding priorities of developing country Parties. Parties agree to enhance actions under this agreement, including through strengthening institutional arrangements and shall adopt modalities and procedures for enhancing those arrangements. To this end the CMA shall establish a cooperative mechanism to address the adverse impacts of the implementation of response measures on developing country Parties, as included in Decision X/CP.21.]

 14. Unilateral Measures

Option 1:

Developed country Parties shall not resort to any form of unilateral measures against goods and services from developing country Parties on any grounds related to climate change, recalling the principles and provisions of the Convention, in particular its Article 3, paragraphs 1, 4 and 5, and Article 4, paragraphs 3, 5, 7, 8, 9 and 10, taking into account the principles of equity, common but differentiated responsibilities, and the obligations of developed country Parties to provide financial resources, transfer of technologies and capacity-building support to developing country Parties

15. REIOS

PROBLEM WITH REIOS ARE THEY RESPONSIBLE FOR COMMITMENT IS ONE OCF THEIR MEMBERS RENEGES ON ITS COMMITMENTS.

 regional economic integration organizations (REIOs) which are Parties to the Convention at a specified place and time.

16. Cooperative approaches

Parties when using cooperative approaches shall ensure that they deliver real permanent additional and verified internationally transferrable mitigation outcomes which shall only be accounted once

• Potential elements of elaboration of the option:

• Approval by the Parties involved

• Transfer of units/outcomes

• Standards for environmental integrity

• Real, verified, permanent, additional

• Accounted once/no double counting (also see the relevance of article 3.5 of the text of October 5th as well as 3.4 quinquies and paragraph 30(e) of the decision)

• Transparency, accuracy, completeness, comparability, consistency

Legal Remedy

 

IN ADDITION, MAJOR GREENHOUSE GAS-PRODUCING STATES MUST BE FORCED TO IMPLEMENT THE ACTIONS THAT WOULD DISCHARGE THE OBLIGATIONS INCURRED WHEN THEY SIGNED AND RATIFIED THE UNFCCC (PROVISIONS OF THE UNFCCC HAVE BECOME INTERNATIONAL PEREMPTORY NORMS AND AS SUCH ARE BINDING) AND OTHER LEGAL OBLIGATIONS AND BE FORCED TO REPAY THE EMISSION DEBT. HISTORIC EMISSIONS SHOULD BE CALCULATED AND AN ASSESSMENT MADE OF THE DEGREE OF DERELICTION OF DUTY IN THE IMPLEMENTATION OF THE UNFCCC. FROM THESE ASSESSMENTS, PROVISIONS MUST BE MADE TO COMPENSATE THE STATES THAT HAVE BEEN MOST DAMAGED BY THE FAILURE, OF THE MAJOR GREENHOUSE GAS EMITTING STATES, TO DISCHARGE OBLIGATIONS UNDER THE CONVENTION. IN SUCH CASES, A FUND SHOULD BE SET UP TO ASSIST VULNERABLE STATES IN TAKING DELINQUENT STATES TO THE INTERNATIONAL COURT OF JUSTICE, INCLUDING THE CHAMBER ON ENVIRONMENTAL MATTERS (HTTP://WWW.ICJCIJ.ORG/PRESSCOM/INDEX.PHP?PR=106&P1=6&P2=1&SEARCH=%22%22COMPOSITIONOF THE CHAMBER FOR ENVIRONMENTAL MATTERS

 

18. Framing

The implementation of the provisions of this Article should be subject to national circumstances common but differentiated responsibilities and respective capabilities in light of different national circumstances and different development stages differentiation between developed and developing country Parties [of LDCs and SIDs]. The extent to which developing country Parties will effectively implement their commitments will depend on the effective implementation by developed country Parties of their commitments related to financial resources, transfer of technology and capacity-building.

19. International Transport Emissions

Option 1:

Parties should]other pursue limitation or reduction of greenhouse gas emissions from international aviation and marine bunker fuels, working through the International Civil Aviation Organization and the International Maritime Organization, respectively, with a view to agreeing concrete measures addressing these emissions, including developing procedures for incorporating emissions from international aviation and marine bunker fuels into low-emission development strategies.

3bis] REDD-plus

[4. The Joint Mitigation and Adaptation Mechanism (JMA) is established to support the integral and sustainable management of forests as an alternative to results-based payments, in REDD-plus accordance to decision X/CP.21.]

REDD+ IS PERCEIVED, BY MANY, TO BE A MEANS OF COMMODIFYING NATURE AND DOES NOT ADDRESS THE CONCEERNS EXPRESSED IN UNCED

FORESTS WORLD-WIDE HAVE BEEN AND ARE BEING THREATENED BY UNCONTROLLED DEGRADATION AND CONVERSION TO OTHER TYPES OF LAND USES, INFLUENCED BY INCREASING HUMAN NEEDS, AGRICULTURAL EXPANSION AND ENVIRONMENTALLY HARMFUL MISMANAGEMENT, INCLUDING, FOR EXAMPLE, LACK OF ADEQUATE FOREST-FIRE CONTROL AND ANTI-POACHING MEASURES, UNSUSTAINABLE COMMERCIAL LOGGING, OVERGRAZING AND… THE IMPACTS OF LOSS AND DEGRADATION OF FORESTS ARE IN THE FORM OF SOIL EROSION, LOSS OF BIOLOGICAL DIVERSITY, DAMAGE TO WILDLIFE HABITATS AND DEGRADATION OF WATERSHED AREAS, DETERIORATION OF THE QUALITY OF LIFE AND REDUCTION OF THE OPTIONS FOR SUSTAINABLE DEVELOPMENT [SOCIALLY EQUITABLE AND ENVIRONMENTAL] DEVELOPMENT. (11.12. DEFORESTATION, AGENDA 21, UNCED, 1992)

 

CONCERN WAS ALSO EXRESSED AT THE “2010 CLIMATE CHANGE CONFERENCE IN COCHABAMBA, BOLIVIA

 UNSUSTAINABLE FOREST MANAGEMENT IS THE MAIN CAUSE OF FOREST DEGRADATION, WHILE THE CONVERSION OF FORESTS INTO AGRICULTURAL LAND IS BY FAR THE MAIN CAUSE OF DEFORESTATION. (II)THE EXPANSION OF LARGE-SCALE AGRO-INDUSTRIAL MONOCULTURES FOR FOOD, FIBRE AND, INCREASINGLY, ENERGY PRODUCTION IS BOTH AN IMPORTANT DIRECT CAUSE OF DEFORESTATION AND AN IMPORTANT UNDERLYING CAUSE OF FOREST LOSS (III)THE EXPANSION OF MONOCULTURES ON EXISTING ARABLE LAND CAUSES CATTLE RANCHING AND OTHER FORMS OF AGRICULTURE TO MOVE TOWARDS FOREST AREAS AND OTHER NATURAL ECOSYSTEMS.(IV)BIODIVERSITY I.E. MONOCULTURE PLANTATIONS ARE USUALLY (NOT ALWAYS) EXOTICS THEREFORE REPLACEMENT (AFTER CUTTING) CREATES PROBLEMS FOR ENDEMIC SPECIES (V) SUSTAINABLE LIVELIHOODS ARE IGNORED. INDIGENOUS PEOPLES USE THEIR FORESTS FOR FOOD, SHELTER, WATER SUPPLY, MEDICINES ETC.(VI)MONOCULTURES PROVIDE NO PROTECTION FOR ENDEMICS OR LIVELIHOODS AND THE RISK FROM MONOCULTURES OF INDIGENOUS SPECIES POSES A POTENTIAL THREAT TO BIODIVERSITY (PRESENTATION, SANDY GAUNTLETT PACIFIC INDIGENOUS PEOPLES ENVIRONMENT COALITION: PRESENTATION TO THE PEOPLES CONFERENCE, COCHABAMBA)

WHILE REDD IS A UN PROGRAMME UNDER UNITED NATIONS ENVIRONMENT PROGRAMME (UNEP), UNITED NATIONS DEVELOPMENT PROGRAMME (UNDP) AND UN FOOD AND AGRICULTURAL ORGANIZATION (FAO),  IN 2010 ONLY THOSE STATES THAT HAVE TAKEN NOTE OR BEEN COERCED INTO TAKING NOTE OF THE COPENHAGEN ACCORD HAD BEEN INVITED TO PARTICIPATE IN THE DELIBERATIONS IN NORWAY.

CORPORATIONS INCLUDING TRANSNATIONAL CORPORATION HAVE BEEN GRANTED CONCESSIONS IN FORESTS IN DEVELOPING STATES AND ON INDIGENOUS LANDS, TO LOG OR TO PLANT BIO-FUEL PLANTATIONS, WHICH HAVE BEEN IN VIOLATION OF THE CONVENTION ON BIOLOGICAL DIVERSITY. THE REDD PROGRAM IS BEING USED TO GIVE CARBON CREDITS TO T

RANSNATIONAL CORPORATIONS TO OFFSET YEARS OF DESTRUCTIVE PRACTICES SUPPORTED OR CONDONED BY MAJOR INDUSTRIALISED STATES.f

IN 1996, AT HABITAT II, ALL STATES MADE A COMMITMENT TO ENSURE THAT ALL CORPORATIONS INCLUDING TRANSNATIONAL CORPORATIONS COMPLY WITH ALL INTERNATIONAL AGREEMENTS, INCLUDING INTERNATIONAL ENVIRONMENTAL AGREEMENTS. THESE AGREEMENTS WOULD INCLUDE THE UNFCCC AND THE CONVENTION ON BIOLOGICAL DIVERSITY AND THE LINKS TO FORESTS

 

3ter] on mechanism to support sustainable development

 Option 1:

1. Establishes a mechanism to support sustainable development AND THE SUSTAINABLE DEVELOPMENT GOALS to be available to assist Parties in fulfilling their NDMC/NDMCC. This mechanism shall be under the authority and guidance of the CMA and be supervised by a body designated by the CMA, and would aim to:

 (a) Enhance mitigation ambition and the mobilization of financing for climate action;

2.    THE IMPORTANCE OF LINKING THE UNFCCC AND PARIS

AGREEMENT TO THE SDG GOALS – SEE COMMENT ON SDG GOALS WITHIN A CONTEXT OF INTERNATIONAL PRECEDENTS

http://pejnews.com/index.php?option=com_content&view=article&id=10386:sdg-goals-in-the-context-ofprevious-international-precedentd&catid=74:ijustice-news&Itemid=216

 (c) Provide, where desired by the participating Parties, for the creation and issuance of real, permanent, additional and verified mitigation outcomes that may be used to meet NDMC/NDMCC in a manner that is supplementary to domestic action, is consistent with the rules and guidance for accounting, and provides for a share of proceeds for adaptation;

(d) Deliver, where desired by participating Parties, a net decrease or avoidance of emissions

Establishes a mechanism to support holistic and integrated approaches to sustainable development in harmony with nature to be available to assist developing country Parties in fulfilling their NDMC/NDMCC including in a balanced manner mitigation, adaptation, provision of finance, technology transfer and capacity building. This mechanism shall be under the authority and guidance of the CMA and be supervised by a body designated by the CMA, and would aim to:

(a) Enhance mitigation and adaptation ambition and the provision mobilization of public financing technology transfer and capacity building in an integrated manner for climate action;

(b) Enhance non-market-based approaches and enable participation in joint cost-effective mitigation and adaptation actions by public and private entities acting under the responsibility of a Party.

(c) Support the implementation of the joint mitigation and adaptation approach for the integral and sustainable management of forests as an alternative policy approach to results-based payments.

(d) Fully respect mitigation contributions of participating Parties to ensure that the global mitigation effort is not undermined.

The CMA shall adopt modalities and procedures for the mechanism referred above on its first session.

 

****Article 4 (Adaptation)

 

RATHER THAN INTERPRETING “MEASURES” TO INVOLVE “PREVENTION” (AS WAS THE CASE IN THE VERSION OF THE PRECAUTIONARY PRINCIPLE IN THE RIO DECLARATION AND IN THE UNFCCC), MANY MEMBER STATES OF THE UN HAVE EMBRACED AFTER-ACT “ADAPTION” – NOT PREVENTING SOMETHING FROM HAPPENING BUT ANTICIPATING OR DEVELOPING A CLEAN-UP TECHNOLOGY, AND THEN UNFORTUNATELY, TO AVOID SERIOUS MITIGATION, NOW, MANY MEMBER STATES ARE SETTLING FOR ADAPTATION BEING THE PRIMARY FOCUS OF CLIMATE CHANGE NEGOTIATIONS. THE PRIMARY FOCUS SHOULD BE PREVENTION. THEN MITIGATION, INCLUDING ENDING EXTRACTION, COUPLED WITH ADAPTION

BUT AS THE REPORT PREPARED BY NGOS AT THE CURRENT RISE IN TEMPERATURE WHICH IS NEARING 1 DEGREE RISE, FUNDING FOR ADAPTION IS PARAMOUNT:

 

"VULNERABLE COUNTRIES ARE ALREADY EXPERIENCING DEVASTATION AT A 0.85°C RISE ABOVE PRE-INDUSTRIAL TEMPERATURE LEVELS. BUT LOSS AND DAMAGE IMPACTS AND COSTS WILL BE FAR HIGHER AT 1.5°C OR 2°C. AND WE WOULD BE FACING A VERY DIFFERENT WORLD AT 3°C, WHICH IS EXACTLY WHERE WE’RE HEADING IF TODAY’S MITIGATION INDCS ARE NOT SIGNIFICANTLY STRENGTHENED. CLIMATE LOSSES AND DAMAGES WOULD BE UNIMAGINABLY FAR-REACHING AND WOULD ALSO REQUIRE MANY NON-FINANCIAL MEASURES. ANCHORING AN EFFECTIVE MECHANISM FOR ADDRESSING LOSS AND DAMAGE IN THE NEW GLOBAL CLIMATE REGIME IS THEREFORE NECESSARY TO ENSURE EQUITY AND JUSTICE FOR DEVELOPING COUNTRIES AND FOR CREATING INCENTIVES FOR URGENT MITIGATION AND ADAPTATION ACTION" (.http://civilsocietyreview.org/wp-content/uploads/2015/11/CSO_FullReport.pdf)

 

Option 1: Parties hereby establish the  global goal of a long-term vision of enhancing PREVENTION, MITIGATION  AS WELL AS  adaptive capacity, strengthening resilience and reducing vulnerability to climate change, in accordance with the objective, principles and provisions of the Convention, including common but differentiated responsibilities and respective capabilities, with a view to [enabling climate resilient sustainable development and] ensuring adaptation in the context of the goal of holding the increase in the global average temperature [below 2 C][BELOW 1.5 C] referred to in Article 2 of this Agreement]. Parties recognize that adaptation is a [global] challenge faced by all with local, national, regional and international dimensions, and that it is a key component of and contribution to the long-term global response to climate change to protect people, livelihoods and ecosystems taking into account the urgent and immediate needs of those developing countries that are particularly vulnerable.

Option 2:

Parties share the goal of increasing resilience and reducing vulnerability to climate change, recognizing that adaptation is a challenge faced by all, with local, national, regional and international dimensions, and that it is a key component of and contribution to the long-term global response to climate change to protect people, livelihoods and ecosystems. 2.

 Option 1 Parties recognize that adaptation will be needed regardless of the level of mitigation reached and that less adaptation will be needed if, inter alia, collective mitigation efforts are greater

 3. Option 1: Parties [acknowledge that adaptation action should follow a country-driven, gender-responsive, participatory and fully transparent approach, respecting human rights right to life rights of people under occupation and] taking into consideration vulnerable groups, communities and ecosystems, and should be based on and guided by the best available science and[, ,traditional and indigenous [and local knowledge systems peoples knowledge and local knowledge,[taking into account relevant activity on adaptation of UN specialized organization with a view to integrating adaptation into relevant social, economic and environmental policies and actions, where appropriate.

4. Parties further recognize the importance of [international cooperation and support for adaptation efforts and the importance of taking into account the needs of those developing countries that are particularly vulnerable, recognizing the particular vulnerabilities of Least Developed Countries and Small Island Developing States. [Parties included in Annex II of the Convention shall enhance the support for the implementation of paragraph 7 of this Article, national adaptation plans and the other adaptation actions, in accordance with the provisions of Article 4 of the Convention, recognizing the urgent and immediate needs and special circumstances of developing country Parties, especially those that are particularly vulnerable. In all cases in the context of support, where it says "developed country Parties", read "developed country Parties [and other Parties in a position to do so].

 In all cases in the context of support, where it says "developing country Parties" read "developing country Parties and other Parties in need of support, including countries with economies in transition

 5. Parties shall] enhance their cooperation, including with respect to:

 (a) Sharing information, good practices, experiences and lessons learned, including through a knowledge dimension informed by science, planning and policy aspects to implement adaptation action;

(b) Strengthening institutional arrangements under the Convention to support the synthesis of relevant information and knowledge as well as the provision of technical support and] guidance [and support to the Parties;

(c) Strengthening information available to underscore the importance of systematic observation of the climate system for advancing scientific knowledge on climate change and advising informed policy-making to include early warning and emergency response preparedness comprehensive climate risk management;

(d) Assessment for the adequacy of support referred to in paragraph 2 (option 2 (a)) above, with a view to ensuring transparency and accountability;

(e) Assisting developing countries to identify adaptation needs, priorities, support provided and received for adaptation actions and efforts, challenges and gaps encouraging good practices

(f) Improving the effectiveness and durability of adaptation actions

6. Each Party, in accordance with [Article 4, paragraph 1 of the Convention and] its national circumstances and priorities shall engage in [a] [national] adaptation planning process, including national adaptation plans, and/or enhance other relevant plans, policies, actions, and/or contributions, which could include:

 (a) Assessments of climate change impacts and/or vulnerability with a view to identifying the vulnerable people, places, ecosystems and sectors];

(b) [Priorizing action with respect to the most vulnerable people, places, and ecosystems and sectors

(c) Strengthening [governance and enabling environments for arrangements for implementation of adaptation;

(d) Monitoring, reporting], evaluating, and learning from, adaptation plans, policies, programmes and actions;

(e) Building resilience of socio-economic and ecological systems, including through economic diversification and sustainable management of natural resources;]

(f) Enhancing of implementation of plans, policies and actions in a manner that is continuous and shall have continuous and enhanced international support.

(g) Strategies and approaches for enhancing the effectiveness of adaptation planning and actions, in the context of broader economic and development efforts.

 7. Each Party shall submit an adaptation communication[s communications or undertakings on adaptation] that shall with a view to sharing good practices, experiences, and lessons learned, including on progress in implementing adaptation action, and to build capacity] include:

 (a) Its priorities, experiences, efforts], needs, plans and actions;

(b) The level of support needed by developing country Parties in order to enhance adaptation action;

(c) Actions on provision of support to developing country Parties by developed country Parties;

8. The adaptation communications or undertakings on adaptation referred to in paragraph 7 above, shall be:

 (a) Submitted independently, included in, or in conjunction with another communication, including a national adaptation plan, an intended nationally determined commitment, and/or a national communication , in a manner that does not create an additional burden to developing country Parties;

Option 1: The Adaptation Committee and the Least Developed Countries Expert Group[, the Adaptation Fund, the Green Climate Fund, LDCF, SCCF, the Technology Executive Committee, the Consultative Group of Experts on National Communications from Parties not included in Annex I to the Convention, and other relevant bodies] shall serve this Agreement[, be enhanced and their work intensified, as appropriate, within their respective mandates][under the guidance by the CMA].

Option 1 and 2:

Developing country Parties in need of support are eligible for support in the implementation of this Article [Developed country Parties shall provide developing country Parties, taking into account the need of those that are particularly vulnerable, with long-term, scaled-up, predictable, new and additional finance, technology and capacity-building, consistent with relevant provisions of the Convention, to implement urgent, short-, medium- and long-term adaptation actions, plans, programmes and projects at the local, national, subregional and regional levels, in and across different economic and social sectors and ecosystems][Developed countries [shall][should] transfer technology, in particular for early warning systems through United Nations mechanisms, in order to make it accessible for all].

 

****Article 5 Loss and Damage)

 

KEEPING IN MIND THATTHE MAJOR GREENHOUSE GAS EMITTING STATES HAVE INEQUITABLY OCCUPIED THE ATMOSPHERIC SPACE OF DEVELOPING STATES; THIS OCCUPATION OF ATMOSPHERIC SPACE ARISES AS A RESULT OF MANY OF THE FOSSIL FUEL INDUSTRIES FUNCTION IN DEVELOPING STATES PRIMARILY TO BENEFIT NOT THE DEVELOPING STATES BUT THE DEVELOPED ONES.

) THAT THE MAJOR GREENHOUSE GAS EMITTING STATES MUST COMPENSATE DEVELOPING STATES FOR HAVING INEQUITABLY OCCUPIED THE ATMOSPHERIC SPACE OF DEVELOPING STATES; THIS OCCUPATION OF ATMOSPHERIC SPACE ARISES AS A RESULT OF MANY OF THE FOSSIL FUEL INDUSTRIES FUNCTION IN DEVELOPING STATES PRIMARILY TO BENEFIT NOT THE DEVELOPING STATES BUT THE DEVELOPED ONES.

RECALLING THAT THE INTERNATIONAL CLIMATE JUSTICE TRIBUNAL, UNDER THE UNFCCC, PROPOSED BY PEOPLES CONFERENCE HELD IN COCHABAMBA COULD  SERVE AS AN IMPORTANT NEW ORGAN TO ADVANCE COMPLIANCE WITH THE UNFCCC

 

MINDFUL THE INTERNATIONAL COURT OF JUSTICE (ICJ) AND THE CHAMBER ON ENVIRONMENTAL MATTERS UNDERHE ICJ ARE COMPETENT ORGANS TO ADDRESS THE FAILURE OF STATES TO COMPLY WITH OBLIGATIONS INCURRED UNDER THE UNFCCC; ALSO THE INTERNATIONAL CLIMATE JUSTICE TRIBUNAL, UNDER THE UNFCCC, PROPOSED BY PEOPLES CONFERENCE HELD IN COCHABAMBA WILL SERVE AS AN IMPORTANT NEW ORGAN TO ADVANCE COMPLIANCE WITH THE UNFCCC AND TO ADDRESS

”CLIMATE JUSTICE T AND DAMAGES.

 

IN ADDITION, MAJOR GREENHOUSE GAS-PRODUCING STATES MUST BE FORCED TO IMPLEMENT THE ACTIONS THAT WOULD DISCHARGE THE OBLIGATIONS INCURRED WHEN THEY SIGNED AND RATIFIED THE UNFCCC (PROVISIONS OF THE UNFCCC HAVE BECOME INTERNATIONAL PEREMPTORY NORMS AND AS SUCH ARE BINDING) AND OTHER LEGAL OBLIGATIONS AND BE FORCED TO REPAY THE EMISSION DEBT. HISTORIC EMISSIONS SHOULD BE CALCULATED AND AN ASSESSMENT MADE OF THE DEGREE OF DERELICTION OF DUTY IN THE IMPLEMENTATION OF THE UNFCCC. FROM THESE ASSESSMENTS, PROVISIONS MUST BE MADE TO COMPENSATE THE STATES THAT HAVE BEEN MOST DAMAGED BY THE FAILURE, OF THE MAJOR GREENHOUSE GAS EMITTING STATES, TO DISCHARGE OBLIGATIONS UNDER THE CONVENTION. IN SUCH CASES, A FUND SHOULD BE SET UP TO ASSIST VULNERABLE STATES IN TAKING DELINQUENT STATES TO THE INTERNATIONAL COURT OF JUSTICE, INCLUDING THE CHAMBER ON ENVIRONMENTAL MATTERS

(HTTP://WWW.ICJCIJ.ORG/PRESSCOM/INDEX.PHP?PR=106&P1=6&P2=1&SEARCH=%22%22COMPOSITIONOF THE CHAMBER FOR ENVIRONMENTAL MATTERS

Option 2:Develop modalities to implement the distribution of a global carbon budget based on climate justice, considering historical responsibilities, ecological footprint, capabilities, and state of development, and population.]

An International Tribunal of Climate Justice as is hereby established to address cases of non-compliance of the commitments of developed country Parties on mitigation, adaptation, provision of finance, technology development and transfer and, capacity-building, and transparency of action and support, including through the development of an indicative list of consequences, taking into account the cause, type, degree and frequency of non-compliance.

Option 2:[Develop modalities to implement the distribution of a global carbon budget based on climate justice, considering historical responsibilities, ecological footprint, capabilities, and state of development, and population.]

[Option 1:

1. An international mechanism to address loss and damage is hereby defined under this agreement/protocol and shall be bound by the principles and provisions of the Convention, in particular common but differentiated responsibilities and respective capabilities.

2. The purpose of the mechanism shall be to promote and support the development and implementation of approaches to address loss and damage associated with the adverse effects of climate change, inter alia, extreme events and slow onset events, in developing countries that are particularly vulnerable to the adverse effects of climate change.

3. The international mechanism on loss and damage shall draw upon, further develop and elaborate on the work of the Warsaw International Mechanism on Loss and Damage pursuant to relevant COP decisions, including the development of modalities and procedures for the mechanism's operation and support. It can involve, as appropriate, existing bodies and expert groups under the Convention, as well as relevant organizations and expert bodies outside the Convention, and be informed by relevant precedents in international law.

4. The international mechanism on loss and damage shall be subject to the authority and guidance of the governing body/CMP/CMA and supported through the financial mechanism of the Convention.

5. The governing body/CMP/CMA shall, at its first session, establish a climate change displacement coordination facility to help coordinate efforts to address the displacement of people as a result of the extreme impacts of climate change.

6. The governing body/CMP/CMA shall, at its first session, initiate a process to develop approaches to address irreversible and permanent damage resulting from human-induced climate change, and shall endeavour to complete this process within four years

****Chapter 6 Finance

SEE BOTH FOR MITIGATION ARTICLE 3 AND ARTICLE 4 aDAPTION

 

Over time, all finance flows should promote and be consistent with the transformation to low-emission and climate resilient societies and economies. MOVING TOWARDS DECARBONIZATION BY 2050

Funds from the subsidising of  unsustainable energy generation practices, must be redirected internationally to the fund for the implementation of the UNFCCC for the purpose of assisting in the conservation of energy, and of subsidising socially equitable environmentally safe and sound renewable energy, transportation, agriculture, forestry.

2. to this end, all Parties shall take action to mobilize, and/or facilitate the mobilisation of, climate finance in line with their respective and evolving responsibilities and capabilities. Some Parties may need support in order to take action.

3. [The actions taken by Parties in the mobilization of climate finance shall reflect and be dynamically adapted to future changes in needs, developments and environmental and economic realities, reflecting evolving capabilities and responsibilities.

 

4.[Developed country Parties should take the lead and Developed country Parties, Parties with economies in transition [and Parties in a position][with capacity to do so All Parties [in a position][with capacity] to do so] [shall][should][other] provide support to assist developing country Parties with respect to both mitigation and adaptation [and others in a position to do so should complement such efforts.

Option II

1.      [In the implementation of this Agreement, developed country Parties and other developed Parties included in Annex II to the Convention shall provide and mobilize new and additional, adequate, predictable, accessible, sustained and scaled-up financial resources to developing countries to enhance the implementation of their policies, strategies, regulations, and action plans and their climate change actions with respect to both mitigation and adaptation to contribute to the achievement of the objective of this Agreement, meeting costs of adaptation, addressing loss and damage and including access to and transfer of environmentally-sound technologies and capacity-building, based on the principles and in accordance with the provisions of the Convention.]

 

 

ALL FUNDS SHALL BE CONSISTENT WITH THE TRANSFORMATION TO LOW-EMISSION AND CLIMATE RESILIENT SOCIETIES AND ECONOMIES.] MOVING TOWARDS DECARBONIZATION BY 2050INDUSTRIALIZED STATES AND MAJOR GREENHOUSE GAS PRODUCERS MUST BE PREPARED TO ENTER INTO BINDING OBLIGATIONS NOT ONLY THROUGH TARGETS AND TIME FRAMES BUT ALSO THROUGH FUNDING MECHANISMS. THIS FUND COULD BE NAMED FUND FOR THE IMPLEMENTATION OF THE UNFCCC, AND IT WOULD FUND SOCIALLY EQUITABLE AND ENVIRONMENTALLY SAFE AND SOUND ENERGY RENEWABLE ENERGY, TRANSPORTATION, AGRICULTURE AND FORESTRY. THIS FUND WOULD REPLACE THE GEF AS THE MAIN SOURCE OF FUNDING FOR THE UNFCCC. THIS INTERNATIONAL FUND WOULD TAKE FUNDS TRADITIONALLY DISTRIBUTED NOT ONLY THROUGH THE GEF BUT ALSO THROUGH THE BRETTON WOODS INSTITUTIONS, SUCH AS THE INTERNATIONAL MONETARY FUND AND THE WORLD BANK, AND ADDITIONAL BILATERAL FUNDS, AND NOW BE CHANNELLED THROUGH THIS GLOBAL FUND. THIS FUND WOULD BE INDISPENSABLE FOR PREVENTING CLIMATE CHANGE, AND FOR ACHIEVING THE OBJECTIVES OF THE UNFCCC. UNDER ARTICLE 2 OF THE UNFCCC. ADDITIONAL FUNDS MUST BE DERIVED FROM REALLOCATION OF GLOBAL MILITARY EXPENSES, INCLUDING BUDGETS AND ARMS PRODUCTION; AT THE 1992 UNITED NATIONS CONFERENCE ON THE ENVIRONMENT AND DEVELOPMENT, ALL MEMBER STATES OF THE UNITED NATIONS AGREED, IN CHAPTER 33 OF AGENDA 21, TO THE REALLOCATION OF MILITARY EXPENSES. ADDITIONALLY BUDGETARY SOURCES FOR THIS FUND WOULD BE THE REDIRECTING OF SUBSIDIES FROM SOCIALLY INEQUITABLE AND ENVIRONMENTALLY UNSOUND NON-SUSTAINABLE ENERGYS UCH AS FOSSIL FUEL AND MOVE TOWARDS FOSSIL FUEL DIVESTMENT. THE FINANCIAL DEAL MUST INCLUDE THE CANCELLATION OF THE OUTSTANDING DEBT OF DEVELOPING STATES, AND THE IMPLEMENTATION OF THE MINIMAL LONG-STANDING COMMITMENT OF 0.7% OF GDP BEING TRANSFERRED TO OVERSEAS DEVELOPMENT (ODA). THE 0.7% OBLIGATION FOR DEVELOPMENT MUST NOT BE DIVERTED TO CLIMATE CHANGE; THERE MUST BE AN ADDITIONAL OBLIGATION OF MORE THAN 7% OF GDP SPECIFICALLY DESIGNATED FOR ADDRESSING CLIMATE CHANGE PREVENTION. ANY SHORTFALL IN FUNDING SHOULD BE BOLSTERED BY INCREASED ODA BY NATIONS THAT INEQUITABLY HAVE GAINED AN ADVANTAGE FROM HISTORICAL EMISSIONS OR REDUCTION SCENARIOS THAT ARE NOT IN LINE WITH THE PRINCIPLE OF EQUITY.

 

FUNDS FOR ODA SHOULD NOT BE ADMINISTERED BY WORLD BANK OR WORLD BANK-TYPE ORGANISATIONS; INSTEAD THESE SHOULD BE MANAGED BY INDEPENDENTLY-MINDED BODIES WHOSE SOLE AIM IS TO SUCCEED IN IMPLEMENTING A SUSTAINABLE AND EQUITABLE WORLD SOCIAL SYSTEM. THE BASIS OF AID SHOULD BE PROPERLY EVALUATED AND BE SOCIALLY EQUITABLE AND ENVIRONMENTALLY SAFE AND SOUND, AND BE SUSTAINABILITY-NEED BASED;

 

FUNDING. The $100 BILLION COMMITMENT TO ASSIST THE DEVELOPING STATES MUST BEGIN IMMEDIATELY IN 2015.

 

5. Parties shall take appropriate steps to promote the mobilization of climate finance from a wide variety of instruments and channels, including public, private, bilateral, multilateral, domestic, and international. In this regard]:  BUT NOT THROUGH PUBLIC PRIVATE PARTNERSHIP

(a) Recognizing the importance of mobilizing domestic resources in the first instance, Parties in a position with capacity to do so should provide support to assist developing country Parties in need of support with respect to both mitigation and adaptation; Substantive overlap with option 1 paragraph 4 and option 2 paragraph 1}

(b) Parties shall strive to improve domestic and international, enabling environments and policy frameworks to attract low-emission, climate-resilient finance and investment, noting that cooperative action and support may enhance such efforts;

(c) [Parties should priorize the of providing the most concessional finance] grant-based and concessional finance][support to the poorest, most vulnerable, and/or those with the least ability to mobilize other resources, including especially] for adaptation, with priority given to financing for activities that are readily implementable, scalable, results based and deliver co-benefits

(d) [Prioritize financial support for results-based payments for verifiable achieved emission reductions related to existing approaches under the Convention;

(e) [Parties should integrate climate commitments, including resilience, into their domestic development plans, international development assistance, and domestic and international investments;

(f) [Parties should END international support for high-emission [and maladaptive investments and enhance international support for low-emission and climate-resilient investments

6. [Parties shall explore options for simplifying procedures for accessing support [and improving readiness], in particular for the LDCs and SIDS.

7. Parties should]implement and improve where necessary the pricing of greenhouse gas emissions.

8. Parties recognize the importance of the Green Climate Fund and other multilateral mechanisms for The mobilization of climate finance that] shall be scaled up in a predictable and transparent manner beyond previous efforts from USD 100 billion per year from 2020.

8bis. The provision and mobilization of financial resources by developed country Parties and other developed Parties included in Annex II shall represent a progression beyond their previous efforts, and financial resources shall be scaled up from a floor of US$100 billion per year from 2015 including a clear burden-sharing formula among them, and in line with needs and priorities identified by developing country Parties in the context of contributing to the achievement of the objective (Article 2/XX) of this Agreement. These resources shall be provided in a measurable, reportable and verifiable manner, and be based on clear road map with individual annual targets in the post-2020 period, with clearly identified pathways to annual expected levels of available resources towards achieving short-term quantified goals. It shall take into account an equitable regional distribution of financial resources and a gender-sensitive approach, and include the implementation of Articles 5 and 6 of the Convention.

8ter. Enhancing the scale and effectiveness of climate finance depends on the actions set forward in paragraph 5.

9bis. Public funds, distinct from Official Development Assistance, will be the main source of financing, noting that sources may include a wide variety of sources, public and private, bilateral and multilateral, including additional sources to meet developing country needs for mitigation and adaptation actions. In the mobilization of finance from various sources, Parties shall abide by the principles of fiscal sovereignty and avoid incidence  OF TRADE AGREEMENTS UNDERMINING THE SOVEREIGNTY OF  developing country

10bis. Parties should periodically communicate relevant, indicative information about their plans related to paragraph 5, as appropriate

11. [he short-term collective quantified goal by developed country Parties shall be periodically reviewed and assessed based on needs and priorities identified by developing country Parties, in accordance with modalities and procedures to be developed by the CMA, in the context of achieving the objective of this Agreement.

12. [The CMA shall facilitate the communication of finance efforts for the stocktake referred to in Article 10, taking into account the annual reports of the Standing Committee on Finance. Pending outcome of discussions on Article 10

13. Placeholder: outcome on discussion on MRV and Article 9 on transparency

14. Placeholder: notion of avoiding double counting

15. Parties shall] strive to achieve a balance of] adaptation support relative to mitigation support 50:50 allocation for mitigation and adaptation actions of developing country Parties, bearing in mind taking into account the country-driven strategies, priorities and needs of developing country Parties which are particularly vulnerable to the adverse effects of climate change, including small island developing States (SIDS), least-developed countries (LDCs), and Africa].

16. Parties recognize that financing for adaptation should be public and grant-based.

17. [The provision of financial resources, including for the transfer of technology shall ensure facilitated and enhanced direct access, pursue a country-driven approach, delivered through simplified procedures, and continuous readiness support in particular to capacity-constrained developing countries, in particular LDCs and SIDs. It shall likewise ensure adequacy and predictability of resources, and avoid double counting.

18. The CMA shall ensure that adequate support is available to the International Mechanism to address Loss and Damage as defined in Article (XX), as well as to promote and support the development and implementation of approaches to address irreversible and permanent damage resulting from human-induced climate change

20. The Financial Mechanism, as established by defined in] Article 11 of the Convention, shall serve as the financial mechanism of this Agreement, including [he Green Climate Fund and the Global Environment Facility as its operating entities, in line with their respective mandates. The Financial Mechanism established by Article 11 of the Convention, including its operating entities, shall serve as the Financial Mechanism of this Agreement.

Its operation shall remain open to be entrusted to other existing international entities. The guidance to the entity or entities entrusted with the operation of the financial mechanism of the Convention in relevant decisions of the Conference of the Parties, including those agreed before the adoption of this Protocol, shall apply mutatis mutandis to the provisions of the paragraph.

 Placement proposal: issue to be addressed in decision paragraph 45} The Funds under the Convention such as the Special Climate Change Fund (SCCF) and the Least-Developed Countries Fund (LDCF), and the Adaptation Fund under the Kyoto Protocol to the UNFCCC (KP) shall also serve this Agreement. Other funds may be established under this Agreement as may be deemed necessary. These funds shall operate under the guidance and authority of the CMA in relation to activities to be developed and implemented under this Agreement. Placement proposal: issue to be addressed in decision paragraphs 44 and 45} [The Adaptation Fund Board, established by decision 1/CMP.3 shall be designated as an operating entity entrusted with the operation of the financial mechanism, referred to in Article 6.20, for the implementation of this Agreement.] {Placement proposal: issue to be addressed in Agreement on interim arrangements}

21. The Standing Committee on Finance established under the Convention shall [serve this Agreement. assist the CMA in exercising its functions with respect to the Financial Mechanism of the Convention, in line with its functions and responsibilities established under the COP. Other thematic bodies of the Convention shall likewise assist the CMA, which may also establish other thematic bodies as may be necessary. Placement proposal: issue to be addressed in decision part; issue of other thematic bodies not appropriate for finance section of the agreement

****Article 7

Technology Development and Transfer

 

THERE IS NEED FOR ACTION ON THE PART OF MEMBERS NEGOTIATING AT THE UNFCCC TO AGREE TO MEASURES THAT OVERCOME THE INTERNATIONAL INTELLECTUAL PROPERTY BARRIERS AND FACILITATE TRANSFER OF TECHNOLOGY AS WELL AS ASSOCIATED SKILLS AND KNOW-HOW; AND NOTHING SHOULD PREVENT GOVERNMENTS FROM TAKING STEPS TO DEAL WITH CLIMATE CHANGE, THIS INCLUDES INTELLECTUAL PROPERTY RIGHTS THAT POSE AN UNCONSCIONABLE BARRIER TO THE IMPLEMENTATION OF THE UNFCCC;

 

INTELLECTUAL PROPERTY

REGRETTING THAT THE IMPACT OF IP IN LIGHT OF THE IMMINENT CHALLENGES POSED BY CLIMATE CHANGE AND THE PATENTING TREND (WITH OWNERSHIP OF TECHNOLOGY FOCUSED IN INDUSTRIALIZED NATIONS, A TREND LIKELY TO CONTINUE MORE ROBUSTLY IN COMING YEARS), THERE IS NEED FOR ACTION ON THE PART OF MEMBERS NEGOTIATING AT THE UNFCCC TO AGREE TO MEASURES THAT OVERCOME THE IP BARRIERS AND FACILITATE TRANSFER OF TECHNOLOGY AS WELL AS ASSOCIATED SKILLS AND KNOW-HOW.

RECOGNISING THAT THE DEVELOPING COUNTRIES ARE AWARE THAT THERE ARE MANY BARRIERS TO TRANSFER OF TECHNOLOGY TO DEVELOPING COUNTRIES. INTELLECTUAL PROPERTY RIGHTS ARE ONE SUCH BARRIER PARTICULARLY WHERE THE TRANSFER INVOLVES DEVELOPMENT OF DOMESTIC CAPACITIES TO ABSORB, INNOVATE BASED ON THE KNOWLEDGE AND COMMERCIALIZATION OF THE RESULTS. (THIRD WORLD NETWORK, 2009)

 

RECALLING ALSO THE COMMITMENT IN WORLD CHARTER OF NATURE, 1982) WORLD CHARTER OF NATURE MAN

HUMANS CAN ALTER NATURE AND EXHAUST NATURAL RESOURCES BY THEIR ACTIONS OR THE CONSEQUENCES AND, THEREFORE, MUST FULLY RECOGNIZE THE URGENCY OF MAINTAINING THE STABILITY AND QUALITY OF NATURE AND OF CONSERVING NATURAL RESOURCES AND PRESERVING NATURE (PREAMBLE, UN RESOLUTION, 37/7, WORLD CHARTER OF NATURE, 1982) WORLD CHARTER OF NATURE, 1982)

 

CONCERNED ABOUT THE RELUCTANCE TO INVEST IN SOCIALLY EQUITABLE AND ENVIRONMENTALLY SOUND PRACTICES INCLUDING ENERGY, TRANSPORTATION FORESTRY ETC

 

PROCLAIMING THAT ALL STATES SHALL TAKE MEASURES TO EXTEND THE BENEFITS OF SCIENCE AND TECHNOLOGY TO ALL STRATA OF THE POPULATION AND TO BOTH MEN AND WOMEN AND TO PROTECT THEM, BOTH SOCIALLY AND MATERIALLY, FROM POSSIBLE HARMFUL EFFECTS OF THE MISUSE OF SCIENTIFIC AND TECHNOLOGICAL DEVELOPMENTS… (ART. 6, DECLARATION ON THE USE OF SCIENTIFIC AND TECHNOLOGICAL PROGRESS IN THE INTERESTS OF PEACE)

 

AFFIRMING ALSO THAT NUCLEAR ENERGY IS NOT A SOLUTION TO CLIMATE CHANGE BECAUSE, ALTHOUGH PROMULGATED BY PROPONENTS, AS “SAFE, CLEAN, AND CHEAP”, THERE IS CLEAR AND VALID SCIENTIFIC EVIDENCE OF ITS INHERENT DANGERS: LACK OF SAFETY (EMISSIONS INTO BOTH AIR AND GROUND WATER), SECURITY-LINKED ISSUES, UNRESOLVED (AND LIKELY IRRESOLVABLE) WASTE DISPOSAL PROBLEMS. AND FINALLY “THERE IS THE INEXTRICABLE LINK BETWEEN CIVIL NUCLEAR ENERGY AND THE DEVELOPMENT OF NUCLEAR ARMS.” (DR. FRED KNELMAN, AUTHOR OF “NUCLEAR ENERGY: THE UNFORGIVING TECHNOLOGY”.)

- THE INTERNATIONAL ATOMIC ENERGY AGENCY (IAEA) MUST DISCONTINUE ITS PROMOTION OF NUCLEAR ENERGY – THE most hazardous and expensive form of energy known – as the solution to climate change The IAEA VIOLATED A FUNDAMENTAL PRNCIPLE THAT A REGULATOR UST NOT A PROMOTER BE

 

CONCERNED ABOUT THE INFLUENCE OF TRANSNATIONAL CORPORATIONS ON THE UNFCCC AND ABOUT THE CURRENT TREND FOR PUBLIC/PRIVATE PARTNERSHIPS IN UNITED NATIONS SUSTAINABLE DEVELOPMENT POLICY; THIS TREND MUST BE DISCONTINUED BECAUSE IT INHERENTLY COMPROMISES THE PUBLIC PROCESS. THERE MUST BE PUBLIC FUNDS AVAILABLE FOR PROMOTING SOCIALLY EQUITABLE AND ENVIRONMENTALLY SOUND PRACTICES AND FOR THESE FUNDS TO BE CHANNELLED INTO THEIR APPROPRIATE INTERNATIONAL ARENAS.

AND IN ON THE ESTABLISHMENT OF A NEW INTERNATIONAL ECONOMIC ORDER,

TO PROMOTE INTERNATIONAL CO-OPERATION IN RESEARCH AND DEVELOPMENT IN EXPLORATION AND EXPLOITATION, CONSERVATION AND THE LEGITIMATE UTILIZATION OF NATURAL RESOURCES AND ALL SOURCES OF ENERGY (TRANSFER OF TECHNOLOGY PROGRAMME OF ACTION ON THE ESTABLISHMENT OF A NEW INTERNATIONAL ECONOMIC ORDER, 1974 IV E).

 

 ALL STATES MUST EMBARK IMMEDIATELY ON TIME-BOUND PHASING OUT OF FOSSIL FUELS AND OF SUBSIDIES FOR FOSSIL FUEL. THE UNCONVENTIONAL EXTRACTION OF OIL FROM BITUMEN, SUCH AS IN THE PROCESS IN THE TAR/OIL SANDS, IS A MAJOR CONTRIBUTION TO GREENHOUSE GAS AND MUST BE PROHIBITED, AND DANGEROUS DEEP DRILLING IN THE OCEANS PROHIBITED. IN ADDITION THERE MUST BE AN IMMEDIATE END TO SUBSIDIES FOR AND AN EVENTUAL PHASE-OUT OF BOTH (I) BIOFUEL, WHICH HAS RESULTED IN SERIOUSLY IMPACTING FOOD SECURITY, AND (II) NUCLEAR ENERGY, WHICH IS TOO DANGEROUS TO BE DEEMED A SOLUTION TO CLIMATE CHANGE AND AN END TO THE SUBSIDIZING OF BIOFUEL AND OF NUCLEAR ENERGY, INSTEAD THERE MUST BE A TIME-BOUND COMMITMENT TO CONSERVATION, AND TO SUBSIDIZING AND INVESTING IN SOCIALLY EQUITABLE AND ENVIRONMENTALLY SAFE AND SOUND RENEWABLE ENERGY, TRANSPORTATION, AGRICULTURE, FORESTRY ETC. OPTIONS, THAT WILL REDUCE GREENHOUSE GAS EMISSIONS.

 

THAT BECAUSE OF THE SERIOUS HEALTH AND ENVIRONMENTAL CONSEQUENCES, THE USE OF GENETICALLY ENGINEERING TECHNOLOGY, AND BIOFUELS, MUST BE BANNED.

 

THAT IN SOME OF THE POOREST REGIONS AGRICULTURAL LAND THAT SHOULD BE USED FOR LOCAL FOOD PRODUCTION MUST NOT BE USED FOR BIOFUELS OR ANY OTHER BIO-RESOURCE TO OFFSET EMISSIONS FROM THE DEVELOPED WORLD

GENETICALLY ENGINEERED TREES WHICH  ARE NOT A SOLUTION TO CLIMATE CHANGE AND SHOULD BE BANNED

 

 THAT THE ANCHORAGE DECLARATION THAT CALLS UPON THE PARTIES TO THE UNFCCC TO RECOGNIZE THE IMPORTANCE OF TRADITIONAL KNOWLEDGE AND PRACTICES SHARED BY INDIGENOUS PEOPLES IN DEVELOPING STRATEGIES TO ADDRESS CLIMATE CHANGE MUST BE RESPECTED AND IMPLEMENTED

 

)THAT “MARKET BASED” OR “MARKET CENTRE APPROACHES, WHICH ARE BEING PROPOSED BY DEVELOPED STATES MUST BE OPPOSED BECAUSE THEY WILL NOT SERVE THE NEEDS OF DEVELOPING STATES. (THIRD WORLD NETWORK, 2009);

 

 THAT THE ADVOCATING OF NUCLEAR ENERGY, ALONG WITH LARGE-SCALE HYDRO, BIOFUEL, CARBON CAPTURE AS A SOLUTION TO CLIMATE CHANGE MUST BE CONDEMNED – NO PROPOSED COURSE OF ACTION SHOULD EITHER CONTINUE OR EXACERBATE SERIOUS ENVIRONMENTAL OR HEALTH PROBLEMS, AND/OR CONTRIBUTE TO GLOBAL DESTABILIZATION BY UNDERMINING DISARMAMENT;

 

) THAT NUCLEAR ENERGY IS NOT A SOLUTION TO CLIMATE CHANGE BECAUSE, ALTHOUGH PROMULGATED BY PROPONENTS, AS “SAFE, CLEAN, AND CHEAP”, THERE IS CLEAR AND VALID SCIENTIFIC EVIDENCE OF ITS INHERENT DANGERS: LACK OF SAFETY (EMISSIONS INTO BOTH AIR AND GROUND WATER), SECURITY-LINKED ISSUES, UNRESOLVED (AND LIKELY IRRESOLVABLE) WASTE DISPOSAL PROBLEMS.

 

THAT STATES MUST NOT INSTALL LARGE HYDROELECTRIC DAMS. AND THAT STATES MUST NOT USE LARGE DAMS TO GENERATE ENERGY FOR CONTINUING TO PRODUCE FOSSIL FUELS

 

THAT STATES MUST DISMANTLE THE INTERNATIONAL TRADE AGREEMENTS, SUCH AS GATT, AND THE SUBSEQUENT WTO, ALONG WITH THE REGIONAL TRADE AGREEMENTS, THAT HAVE UNDERMINED INTERNATIONAL RESOLVE TO SERIOUSLY ADDRESS UNSUSTAINABLE PRACTICES, AND THAT STATES MUST ENFORCE REGULATIONS THAT WOULD SOCIALLY EQUITABLE ENVIRONMENTALLY SAFE AND SOUND RENEWABLE ENERGY, TRANSPORTATION, AGRICULTURE, FORESTRY ETC.

XIII COMMITTING TO INSTITUTING SUPPORT FOR SOCIALLY EQUITABLE AND ENVIRONMENTALLY SAFE AND SOUND RENEWABLE ENERGY, TRANSPORTATION, AGRICULTURE, FORESTRY ETC.

 

THAT ANY AGREEMENT MUST ONLY SEEK TO IMPLEMENT ENERGY SOURCES WHICH CAN REALISTICALLY BE CONSIDERED NEW, RENEWABLE AND CLEAN ENERGY SOURCES. THESE ARE SOLAR THERMAL, SOLAR PHOTOVOLTAIC, WIND, HYDRO, ….GEOTHERMAL, OCEAN, ANIMAL AND HUMAN POWER, AS REFERRED TO IN THE REPORTS OF THE COMMITTEE ON THE DEVELOPMENT AND UTILIZATION OF NEW AND RENEWABLE SOURCES OF ENERGY, PREPARED SPECIFICALLY FOR THE CONFERENCE 2? (SEE A/CONF.151/PC/119 AND A/AC.218/1992/5).

 

THAT THE FAIR AND JUST TRANSITION PRINCIPLE MUST BE INSTITUTED TO ASSIST WORKERS AND COMMUNITIES IN THE TRANSITION FROM UNSUSTAINABLE TO SUSTAINABLE DEVELOPMENT. THIS PRINCIPLE HOLDS THAT WORKERS WHO ARE ENGAGED IN UNSUSTAINABLE PRACTICES THAT ARE HARMFUL TO HUMAN HEALTH AND THE ENVIRONMENT, WILL NOT OPPOSE THE TRANSITION TO SOCIALLY EQUITABLE AND ENVIRONMENTALLY SAFE AND SOUND PRACTICES (SEESS), PROVIDING SOCIETY OFFERS THEM A FAIR AND JUST TRANSITION TO (SEESS).

 

 THAT ALL STATES MUST EMBARK IMMEDIATELY ON TIME-BOUND PHASING OUT OF SUBSIDIES FOR FOSSIL FUEL, FOR BIOFUEL, FOR NUCLEAR ENERGY AND OTHER NON-SUSTAINABLE ENERGY SOURCES, AND A TIME-BOUND COMMITMENT TO CONSERVATION, AND TO SUBSIDIZING AND INVESTING IN SOCIALLY EQUITABLE AND ENVIRONMENTALLY SAFE AND SOUND RENEWABLE ENERGY, TRANSPORTATION, AGRICULTURE, FORESTRY ETC. OPTIONS, THAT WILL REDUCE GREENHOUSE GAS EMISSIONS. THESE FUNDS SHOULD FLOW INTO AND OUT OF THE FUND FOR THE IMPLEMENTATION OF THE UNFCCC. AND THE UNITED NATIONS SHOULD ESTABLISH BY THE END OF 2010 TRANSPARENT MECHANISMS TO ENSURE THE DISCLOSURE OF DETAILED AND ACCURATE NATIONAL GHG EMISSIONS DATA, INCLUDING DATA RELATED OF GREENHOUSE GAS EMISSIONS FROM MILITARY ACTIVITIES. THIS DATA SHOULD BE COLLECTED BY INDEPENDENT UN APPOINTED SCIENTISTS, WHO SHOULD DETERMINE WHETHER FULL DISCLOSURE HAS TAKEN PLACE. WHERE THERE HAS NOT BEEN FULL DISCLOSURE THEN ENFORCEMENT MECHANISM SHOULD BE IN PLACE.

  GOVERNMENTS AND INTERNATIONAL ORGANIZATIONS MUST ADOPT AT THE NATIONAL LEVEL, POLICIES LEADING TO TIMETABLES FOR PROGRESSIVELY DISCLOSING AND PHASING OUT THE ENERGY SUBSIDIES THAT INHIBIT SUSTAINABLE DEVELOPMENT. AND TO ESTABLISH BY THE END OF 2010 TRANSPARENT MECHANISMS WITHIN THE UNITED NATIONS SYSTEM TO RECEIVE AND PUBLICIZE ANNUAL REPORTS FROM ALL GOVERNMENTS AND INTERGOVERNMENTAL BODIES, THAT WOULD DETAIL:

A.  DATA ON ALL ENERGY-RELATED GOVERNMENTAL AND INTERGOVERNMENTAL SUBSIDIES, AND
B. DATA ON THE PHASING OUT OF HARMFUL SUBSIDIES TO REFLECT THEIR ENVIRONMENTAL IMPACTS; AND CALLS UPON GOVERNMENTS AT THE NATIONAL LEVEL TO ESTABLISH TRANSPARENT NATIONAL MECHANISMS FOR COLLECTING AND REPORTING DATA ON ENERGY-RELATED SUBSIDIES PROVIDED BY ALL LEVELS OF GOVERNMENT IN THAT COUNTRY;

C. DATA RELATED TO NATIONAL GREENHOUSE GAS EMISSIONS INCLUDING DATA RELATED TO GREENHOUSE GAS EMISSIONS FROM MILITARY ACTIVITIES MUST BE DISCLOSED, BY 2010 AND ASSESSED BY THE UNITED NATIONS. THIS DATA SHOULD BE COLLECTED BY INDEPENDENT UN APPOINTED SCIENTISTS, WHO SHOULD DETERMINE WHETHER FULL DISCLOSURE HAS TAKEN PLACE. WHERE FULL TRANSPARENCY AND DISCLOSURE HAVE NOT OCCURRED, ENFORCEMENT MECHANISMS MUST BE INVOKED.

 

THAT STATES SHOULD REVEAL THE DISPROPORTIONATE TAX ‘RELIEF’ GIVEN TO MAJOR GREENHOUSE GAS PRODUCERS, AND EXORBITANT TAX DEFERRALS THAT HAVE BENEFITTED THE MAJOR GREENHOUSE GAS EMITTING STATES

 

THAT THE MEMBER STATES SHOULD INSTITUTE A FAIR AND JUST TRANSITION PROGRAM FOR WORKERS AND COMMUNITIES AFFECTED BY THE SUNSETTING OF FOSSIL FUEL, BIOFUEL AND NUCLEAR INDUSTRIES. THIS PROGRAM WOULD INVOLVE RE-TRAINING AND COMPENSATION FOR WORKERS;

 

THERE IS NEED FOR ACTION ON THE PART OF MEMBERS NEGOTIATING AT THE UNFCCC TO AGREE TO MEASURES THAT OVERCOME THE INTERNATIONAL INTELLECTUAL PROPERTY BARRIERS AND FACILITATE TRANSFER OF TECHNOLOGY AS WELL AS ASSOCIATED SKILLS AND KNOW-HOW; AND NOTHING SHOULD PREVENT GOVERNMENTS FROM TAKING STEPS TO DEAL WITH CLIMATE CHANGE, THIS INCLUDES INTELLECTUAL PROPERTY RIGHTS THAT POSE AN UNCONSCIONABLE BARRIER TO THE IMPLEMENTATION OF THE UNFCCC;

1. All Parties, in accordance with the principles and provisions of the Convention, in particular Article 4 [and Article 11]], noting the importance of meeting the technology  requirements] for the implementation of mitigation and adaptation actions under this Agreement and recognizing existing deployment and dissemination efforts, shall strengthen cooperative action [among Parties] [to accelerate and upscale] on technology development and transfer through inter alia:

(a) Improve endogenous capacities and enabling environment according to nationally determined needs and priorities, in accordance with Article 4.5 of the Convention

Address barriers  in accessing to  the transfer of safe, appropriate and environmentally, and socially sound technologies [by developing countries]; and

Foster cooperative approaches to research and development.

1ter. Option 1: The CMA shall, at its first session, establish a global goal for technology development and transfer  with the aim of improving the resilience of countries through adaptation and mitigation under which In this regard developed country Parties shall regularly prepare, communicate and implement their commitments on provision of developed country Parties' ready-for-transfer technologies and know-how as well as providing financial resources for collaborative research and development of environmentally sound technologies and enhancing the access of developing countries to such technologies, that match developing

country Parties' technology needs, in order to progressively scale up support and cooperation for technology development and transfer, taking into account the limit to global average temperature increase referred to in Article 2, paragraph 2 of the Agreement.

Option 2: The Technology Framework shall provide direction and overarching guidance in respect of technology assessments, identifying those with potential for high impact, and identifying options for enhancing access, and addressing barriers to their deployment. The framework shall further guide the work of the Technology Mechanism[institutions under this Agreement] in the medium to long term, and strengthen them.

 

2bis. Option 1: In accordance with Article 4, paragraph 5 of the Convention, developed country Parties shall provide financial resources to address barriers created by policies and intellectual property rights (IPRs) and facilitate access to and the deployment of technology, including, inter alia, by utilizing the Financial Mechanism and/or establishing a funding window under the GCF to meet the full costs of IPRs of environmentally sound technologies, know-how and such technologies will be provided to developing country Parties, free of cost, in order to enhance their actions to address the adverse effects of climate change. . Option 1: The Technology Mechanism institutional arrangements for technology established under the Convention] shall be strengthened and] serve this Agreement [by facilitating enhanced action on technology development and transfer.

Option 2: The Technology Mechanism shall serve this Agreement and be strengthened by facilitating enhanced action which include inter alia; anchoring dedicated nodal research, development and demonstration facility on technology development and transfer.

4. Option 1: Developing country Parties are eligible for support in the implementation of this Article.

Option 2: In accordance with Article 4, paragraphs 3 and 5, 5 and 9 of the Convention, developed country Parties and other Parties included in Annex II to the Convention shall provide support, including financial support, for strengthening cooperative action the implementation of the technology framework through the Technology Mechanism. The availability of the financial support shall include through the Financial Mechanism.

5. Option 1: Developed country Parties and other Parties included in Annex II to the Convention shall provide

support for the research, development and application of environmentally sound technologies and facilitate the transfer of and access to such technologies for developing country Parties, including by, inter alia, strengthening cooperative action, providing financial resources to address barriers caused by the absence of domestic research and development capability and innovations, and enhancing access to environmentally sound technologies and know-how.

 

****Article 8 (Capacity Building)

 

1.  Option  and 41: Capacity-building under this Agreement should facilitate the enhancement of ability and capacity in all areas on climate change for developing country Parties, particularly vulnerable developing countries like Least Developed Country Parties, Small Island States and Africa, in accordance with principles and provisions of the Convention to identify, design and implement adaptation and mitigation actions; facilitate technology development and the absorption of technology; facilitate access to finance; facilitate relevant aspects of education, training and public awareness; and facilitate the transparent, timely and accurate communication of information.

Option 4: The objective of capacity building under this Agreement is to enhance the capacities of Parties, in particular Parties in need, to effectively implement this Agreement. .2 

Option 2: Parties [shall] [should] cooperate and take appropriate measures to enhance climate change

education, training, public awareness, public participation and public access to information so as to enhance actions under this Agreement.

 

****Article 9 (Transparency)

 

1. Option 1 and 2: A robust transparency framework covering both action and support, differentiated between developed and developing countries, building on the arrangements under the Convention, related COP decisions and mechanisms established by Cancun agreements (decision 1/CP.16), applicable to all Parties, providing flexibility to developing countries Parties is hereby established.

Option 2: A unified and robust transparency system, covering both action and support, with built in flexibility to take into account Parties' differing capacities, and applicable to all Parties is hereby established.

 (c) Ensure clarity and tracking of progress made in implementing and achieving individual Parties' respective commitments under Article 3;

(d) [Share information, lessons learned and good practice on adaptation, including on][Provide a clear understanding of] progress made in implementing individual Parties' actions

Option 2:

Provide a clear understanding of climate change actions in the light of the objective as set by Article 2 of the Convention and consistent with the principles and commitments of Articles 3 and 4 of the Convention.

3. The purpose of the system for transparency of support is to:

(a) Provide a clear understanding of the support provided and received [as relevant by individual Parties [as well as needs of developing country Parties and assist Parties in identifying gaps in support provided and received], without placing an undue burden on SIDS and LDCs;

 (c) Ensure clarity and tracking[measurement, reporting and verification] of progress made by developed country Parties in providing support in accordance with Articles 6, 7 and 8;

(d) Ensure clarity and tracking of support needed and received by developing country Parties in accordance with Articles 6, 7 and 8;

(e) Ensure that there shall be no double counting of financial resources provided and ensure environmental integrity of this agreement]. While the first concept is relevant here, the second bracketed concept does not relate to this section on support, and could be moved elsewhere. {Further discussion is needed on: the relationship between the system and existing arrangements; the nature of flexibility,; and the potential role of 'nationally determined' 11

 4. Option 1: Each Party, taking into account their common but differentiated responsibilities and their specific national and regional development priorities, objectives, and circumstances, shall provide transparent, complete, consistent, comparable, and accurate information in accordance with guidelines [referred to in para 6] [developed by the CMA] on:

Option 2: Each Party shall, [regularly biennially provide transparent, complete, consistent, comparable, and accurate information in accordance with guidelines [referred to in para 6] [developed by the CMA] on:

(a) Its national inventory of anthropogenic emissions by sources and removals by sinks of greenhouse gases, [using common metrics and] comparable methodologies as agreed on by the [CMA][COP];

[(b)    Projected estimated emissions and removals;

(c) Progress made in implementing and achieving [nationally determined] mitigation commitment precise language will be consistent with Article 3;

(d) [Vulnerability to climate change impacts and adaptation actions taken to build resilience and reduce vulnerability [and progress on implementing any adaptation action under Article 4, paragraph

7 {Precise language will be consistent with Article 4};

(e) Support provided and received, as relevant {Precise language will be consistent with Article 6, 7 and 8};

(f) Specific information requirements under Article 6, 7 and 8, [efforts to improve domestic enabling environments; and on the use, impact and estimated results of support for [mitigation] actions] {Precise language will be consistent with Article 6, 7 and 8}. Paragraphs 4 and 5 should be considered together as Parties have different views on the logic, implication and structure of these two paragraphs

5.

Option1:The information provided by each Party shall be reviewed at least biennially by international technical expert review. The review process shall provide a thorough, objective and comprehensive technical assessment of the implementation by a Party of the requirements of the Agreement. The technical expert review shall be carried out by an expert review team, based upon guidance adopted by the CMA at its first session. The expert review team shall produce a report on the results of the technical expert review, which shall be communicated to the CMA. The expert review team shall consult the Party concerned on the report prior to its communication to the CMA. The report shall analyse the extent to which the Party is on track to achieving its obligations under this agreement, as well as the extent to which the Party's reporting is in line with the guidelines.

The report shall identify any issues related to compliance.

ONE ISSUE IS THAT THE POLLUTER PAY PRINCIPLE MUST BE ENFORCED AGAINST DOMINANT GREENHOUSE GAS-PRODUCING STATES AND THEIR “OVERSEAS” OPERATIONS (MILITARY AND CORPORATE) AND THAT CHARTERS AND LICENCES OF TRANSNATIONAL CORPORATIONS THAT HAVE CONTRIBUTED TO GREENHOUSE GAS EMISSIONS, MUST BE REVOKED TO PREVENT FURTHER POLLUTION. THIS PRINCIPLE SHOULD BE RETROSPECTIVE. THE POLLUTER PAYS PRINCIPLE IS ONE OF THE MOST SIGNIFICANT ENVIRONMENTAL LEGAL INSTRUMENTS USED IN DEVELOPED COUNTRIES, ON THAT BASIS THESE COUNTRIES CANNOT HIDE FROM THE IMPLEMENTATION OF THIS SAME PRINCIPLE IN THEIR RELATIONS WITH THE DEVELOPING WORLD.

 

Option 2:The information required under this Article shall be subject to a technical expert review in accordance with common guidelines and procedures adopted by the CMA. The review will consider the consistency with guidelines adopted by the CMA, the Party's implementation and achievement of its nationally determined mitigation commitment, and identify any areas for improvement in reporting. For Parties with least capacity, the expert review may also identify capacity building needs. The technical expert review shall be carried out by an expert review team. The expert review team shall produce a report for publication by Secretariat and consideration by the CMA; Each Party shall undergo a multilateral and facilitative examination of the implementation of its nationally determined mitigation commitment .

Option 3: Built on the existing MRV arrangements under the Convention:

(a) Developed country Parties shall report information related to their actions and provision of support to developing countries in accordance with the provisions of the Convention and relevant decisions of the COP mutatis mutandis under the Agreement, in their national communications, biennial reports and annual inventory reports. All of that information will be verified through a robust technical review process followed by a multilateral assessment process, and result in a conclusion with consequences for compliance;

country Parties Developed country Parties and other developed Parties included in Annex II shall ensure transparency of support by:

(a) Providing clear information in national communications and biennial reports;

(b) Providing a clear road map with individual annual commitments for public funding, technology transfer and capacity-building support in the post-2020 period;

(c) Drawing on the work according to the mandate of the Standing Committee on Finance under the COP to assist the COP in exercising its functions with respect to the MRV of support provided to developing country Parties;

(d) Drawing on the work of the Subsidiary Body for Scientific and Technological Advice (SBSTA) on methodologies for the reporting of financial information.

Option I:

6. [The CMA shall at its first session, building on lessons learned [and elaborating on the provisions above], adopt common modalities, procedures and guidelines, to elaborate on the provisions above as appropriate, for promoting environmental integrity] [for the reporting and review of the information as set out in paragraph 4]. It shall take into account, inter alia:

 (a) The need for flexibility in the light of capability;

(b) The importance of facilitating improved reporting and transparency over time;

(c) The need to avoid undue burden and duplication, taking into account the particular situation of small States Parties with limited administrative capacities;

(d) The facilitative, non-intrusive nature of review;

(e) The need to ensure no backsliding;

(f) The need to ensure no double counting;

(g) The need to ensure environmental integrity.

6bis. The transparency system shall be guided by the Principles and provisions of the Convention and be conducted in facilitative, non-intrusive, non-punitive, respectful of national sovereignty, provide flexibility and avoid undue burden to developing countries.

6bis.1 There shall be a transition period of10 years for developing country Parties.

6ter.   The rules and guidance related to accounting [that are set forth in decision 1/CP.21,] [including with respect to land use, will apply along with any subsequent decisions by the CMA.

6quater.The secretariat shall maintain in a public registry Parties' nationally determined commitments and use such information to assess the aggregate effect of the commitments and progress towards implementation of the Convention.

6quinquies.The CMA shall facilitate the enhancement of the clarity, transparency and understanding of the nationally determined [contributions] communicated by Parties.

7. The CMA shall cooperate with the Conference of the Parties to avoid overlap and duplication. {Proposed to move this to Article 12 (CMA)

8. Developing country Parties shall support to assist in the implementation of][implement] this Article implement this Article consistent with their capacities and the level of support provided.

8bis. Developed country Parties shall provide support to developing country Parties in the implementation of this Article.

8ter. Developed country Parties, the operating entities of the financial mechanism and any other organizations in a position to do so shall allocate financial resources for the building of transparency-related capacity of developing country Parties in need, on a continuous basis.

9. The CMA shall periodically review its decisions and update them, as appropriate and at least once every 5 year. Proposed to move this to the section on the transparency of action and support in the draft decision

10. The transparency arrangements under the Convention, including national communications, biennial reports and biennial update reports, international assessment and review (IAR) and international consultation and analysis (ICA) shall serve this Agreement.

 

****Article 10 (Global Stocktake)

 

1. The CMA shall periodically take stock of the implementation of this Agreement in accordance with Article 4.2(d), Article 7.2(e) and Article 10.2 (a) of the Convention, to assess overall, aggregate progress towards achieving the [ultimate objective of the Convention[the long-term goal established in this agreement[and the purpose of this Agreement in a comprehensive and facilitative manner, including identifying means of further advancing such objectives within this agreement and to inform the process referred to in Article 3.6 and Article 4.6] [Article 6]. 12 AND TO DETERMINE  WHAT MEASURES SHOULD BE TAKEN TO ENSURE COMPLIANCE WITH LEGAL OBLIGATIONS.

2. The stocktaking shall consider [overall] [aggregate][collective] implementation in relation to mitigation, adaptation and the means of implementation, taking into account the different specificities of each issue and [Parties' differentiated responsibilities and commitments different national circumstances] and equity.

3. The stocktaking shall consider information from, inter alia, the mechanisms of the Conventions and this agreement, information on the implementation of individual and collective efforts under the Agreement], including on assessments of aggregate level of ambition communicated through the proposed nationally determined contributions for the subsequent commitment period in relation to the level of ambition needed as recommended by the best available science]; the best available science, Including reports of the IPCC AND THE WMO UNEP;  and information from other relevant international processes other information decided by the CMA.

4. The CMA shall undertake its first global stocktake IN 2020 after the review of the accelerating the pre-2020 implementation and the review of adequacy of post-2020 finance support by developed country Parties, and every five years thereafter at regular intervals to be decided by the CMA.

5. The extent to which developing country Parties can participate in the global stocktake will depend on the provision of finance resources.

Article 11

 (Facilitating STRESSING Implementation and Compliance

 

MINDFUL THAT THE INTERNATIONAL COURT OF JUSTICE (ICJ) AND THE CHAMBER ON ENVIRONMENTAL MATTERS UNDER THE ICJ ARE COMPETENT ORGANS TO ADDRESS THE FAILURE OF STATES TO COMPLY WITH OBLIGATIONS INCURRED UNDER THE UNFCCC; ALSO THE INTERNATIONAL CLIMATE JUSTICE TRIBUNAL, UNDER THE UNFCCC, PROPOSED BY PEOPLES CONFERENCE HELD IN COCHABAMBA WILL SERVE AS AN IMPORTANT NEW ORGAN TO ADVANCE COMPLIANCE WITH THE UNFCCC

IMPLEMENTATION OF THE UNFCC.

THAT THERE SHOULD BE SET UP AN INTERNATIONAL COURT OF COMPLIANCE LINKED TO THE INTERNATIONAL COURT OF JUSTICE, WHERE CITIZENS COULD TAKE EVIDENCE OF STATE AND CORPORATE NON-COMPLIANCE. AND THE PROPOSAL IN THE PEOPLES AGREEMENT FROM COCHABAMBA OF SETTING UP OF AN INTERNATIONAL TRIBUNAL TO PROCESS DELINQUENT STATES MUST BE PROVIDED FOR UNDER THE AUSPICES OF THE UNFCCC.

COMPLY WITH  THE COMMITMENT IN 1996, AT HABITAT II, ALL STATES MADE A COMMITMENT “TO ENSURE THAT ALL CORPORATIONS INCLUDING TRANSNATIONAL CORPORATIONS COMPLY WITH ALL INTERNATIONAL AGREEMENTS, INCLUDING INTERNATIONAL ENVIRONMENTAL AGREEMENTS”

THESE AGREEMENTS COULD INCLUDE THE UNFCCC AND THE CONVENTION ON BIOLOGICAL DIVERSITY, THE CONVENTION TO COMBAT DESERTIFICATION AND DROUGHT , THE LAW OF THE SEA, THE WORLD CONVENTION ON THE PRESERVATION OF CULTURAL AND NATURAL HERITAGE, THE MONTREAL PROTOCOL ON OZONE DEPLETION.

IN THE 2016 INTERNATIONAL YEAR OF BIODIVERSITY, ALL MEMBER STATES OF THE UNITED NATIONS MUST SIGN AND RATIFY THE CONVENTION ON BIOLOGICAL DIVERSITY AND IMPLEMENT THE NECESSARY LEGISLATION TO ENSURE COMPLIANCE. ALL STATES MUST END DEFORESTATION, PRESERVE FORESTS AND PROTECT BIODIVERSITY AND STATES MUST RECOGNIZE THE VITAL PROCESSES IN THE FORESTS – ONES THAT HAVE TAKEN PLACE OVER MILLIONS OF YEARS, UPON WHICH INDIGENOUS PEOPLES DEPEND. ALL STATES MUST ADOPT THE DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES AND ENACT THE NECESSARY LEGISLATION TO ENSURE COMPLIANCE. STATES MUST SEEK AND RESPECT INDIGENOUS KNOWLEDGE.

 

LEGAL REMEDIES

 

THERE IS A NEED TO DETERMINE WHAT CONSTITUTES NEGLIGENCE. THE MAJOR GREEN-HOUSE -PRODUCING  STATES ARE FULLY AWARE OF THE DIRE CONSEQUENCES OF CLIMATE CHANGE, RELATED TO HUMAN HEALTH,HUMAN RIGHTS, ECOLOGY, ENDANGERED SPECIES, GLOBAL COMMON SECURITY INCLUDING FOOD SECURITY REFUGEES ETC YET THEY HAVE NOT BEEN PREPARED TO MAKE THE NECESSARY COMMITMENT TO PREVENTT, MITIGATE OR TO FACILITATE ADAPTION.TO GREENHOUSE GAS EMISSIONS. AT WHAT POINT CAN THEY BE CHARGED WITH GROSS OR EVEN CRIMINAL NEGLIGENCE.

, IN THE APPARENT ABSENCE OF AN INTERNATIONAL DEFINITION OF WHAT CONSTITUTES CRIMINAL NEGLIGENCE, THERE APPEARS TO BE COMMON COMPONENTS WITHIN NATIONAL STATUTES OF WHAT CONSTITUTES CRIMINAL NEGLIGENCE.

CANADIAN COMMON LAW PROVIDES USEFUL GUIDANCE BECAUSE CANADA HAS A SYSTEM OF LAW DRAWN FROM BOTH THE COMMON LAW AND THE CIVIL CODE SYSTEMS.

UNDER CANADIAN LAW “ENVIRONMENTAL NEGLIGENCE” SUITS FOCUS ON COMPENSATION FOR LOSS CAUSED BY UNREASONABLE CONDUCT THAT DAMAGES LEGALLY PROTECTED INTERESTS. UNREASONABLE CONDUCT MEANS DOING SOMETHING THAT A PRUDENT OR REASONABLE PERSON WOULD NOT DO, OR FAILING TO DO SOMETHING THAT A REASONABLE PERSON WOULD DO. THE PLAINTIFF MUST ESTABLISH CERTAIN KEY ELEMENTS OF THE TORT— CAUSE IN FACT AND PROXIMATE CAUSE, DAMAGES, LEGAL DUTY, AND BREACH OF THE STANDARD OF CARE. NOTE THAT FAULT MAY BE FOUND EVEN IN THE CASE OF UNINTENDED HARM IF IT STEMS FROM UNREASONABLE CONDUCT.

THE CRIMINAL CODE (SECTION 219) IS EVEN CLEARER THAT LACK OF INTENT TO HARM IS NO DEFENCE IF DAMAGE RESULTS FROM CONSCIOUS ACTS PERFORMED IN CARELESS DISREGARD FOR OTHERS: “EVERYONE IS CRIMINALLY NEGLIGENT WHO (A) IN DOING ANYTHING, OR (B) IN OMITTING TO DO ANYTHING THAT IT IS HIS DUTY TO DO, SHOWS WANTON OR RECKLESS DISREGARD FOR THE LIVES OR SAFETY OF OTHER PERSONS” (WHERE ‘DUTY’ MEANS A DUTY IMPOSED BY LAW). SIGNIFICANTLY, SECTION 222(5) (B) STATES THAT “A PERSON COMMITS HOMICIDE WHEN, DIRECTLY OR INDIRECTLY, BY ANY MEANS, HE CAUSES THE DEATH OF A HUMAN BEING, BY BEING NEGLIGENT (EMPHASIS ADDED) (CITED BY BILL REES IN “IS CANADA CRIMINALLY NEGLIGENT”)

 

UNITED KINGDOM COMMON LAW ALSO PROVIDES SIMILAR GUIDANCE. UNDER UNITED KINGDOM LAW: CRIMINAL NEGLIGENCE NEED ONLY SHOW THAT A PERSON FAILED TO ACT WITHIN THE STANDARDS OF A REASONABLE MAN. THE WHO HAVE CONFIRMED THAT THERE ARE ALREADY LARGE NUMBERS OF FATALITIES AND WILL BE MANY MORE AS A RESULT OF THE FAILURE TO ACT ON CLIMATE CHANGE PREVENTION. MANSLAUGHTER CAN BE DEFINED EXPRESSLY IN TERMS OF NEGLIGENCE, BUT IT MUST BE GROSS. ADDITIONALLY ALL STATUTORY OFFENCES DO NOT NEED TO EMPLOY THE WORD NEGLIGENCE BUT OFTEN IMPOSE LIABILITY FOR NEGLIGENCE. THE MINIMUM FAULT ELEMENT SHOULD BE BASED ON THE REASONABLE CAUSE TO BELIEVE. THE AR4 IPCC REPORT PROVIDES REASONABLE CAUSE TO BELIEVE AND THIS IS VERY SIGNIFICANTLY ACCENTUATED BY THE RECENT ACCEPTED SCIENCE THAT THINGS ARE ACTUALLY FAR WORSE THAN STATED IN AR4. YOU ARE NOT REQUIRED TO PROVE A STATE OF MIND ALTHOUGH THE ACCUSED KNOWLEDGE OF THE FACTS ARE RELEVANT IN DETERMINING REASONABLE CAUSE. THE OFFENCE IS STILL COMMITTED IF THE ACCUSED HAS MADE AN UNREASONABLE MISTAKE OF FACT AND THIS IS A LIMIT TO THE DEFENCE THAT A PERSON DID NOT KNOW. THE NEED FOR A MISTAKE TO BE REASONABLE AS A DEFENCE IS ACTUALLY LESS RELEVANT THAN BEFORE SINCE THE MINOR V DPP CASE IN 2000. PARLIAMENT REQUIRES MISTAKES TO BE BASED ON REASONABLE GROUNDS AS WELL.

 

UNDER  THE TRANSBOUNDARY PRINCIPLE, THAT HAS BECOME A PEREMPTORY NORM, ALL STATES HAVE THE RESPONSIBILITY, WHEN CARRYING OUT ACTIVITIES IN THEIR OWN JURISDICTION- WATER AIR AND LAND TO NOT IMPACT ON OTHER STATES, NOT ONLY ON ADJACENT STATES. IT IS CLEAR THAT THE ACTIVITIES IN THE MAJOR GREENHOUSE GAS EMITTING STATES HAVE IMPACTED ON OTHER STATES. STATES, AS SIGNATORIES OF THE UNFCCC, HAVE A LEGAL DUTY TO KEEP GREENHOUSE GAS EMISSIONS BELOW THE DANGEROUS ANTHROPOGENIC LEVEL. IT COULD BE ARGUED THAT BY CONTINUING TO IGNORE THEIR RESPONSIBILITY TO OTHER STATES AND BY NOT DISCHARGING THEIR LEGAL DUTY TO SERIOUSLY REDUCE GREENHOUSE GAS EMISSIONS, THE MAJOR GREENHOUSE GAS EMITTING STATES, ESPECIALLY THOSE WITH HIGH PER CAPITA EMISSIONS, ARE GUILTY OF GROSS NEGLIGENCE AND EVEN CRIMINAL NEGLIGENCE. NOT ACTING TO REDUCE GREENHOUSE GASES DEMONSTRATES DERELICTION OF DUTY AND UNREASONABLE CONDUCT BECAUSE IT IS AN ACTION THAT A PRUDENT OR REASONABLE PERSON WOULD NOT DO. A PERSON MAY BE CONSIDERED TO BE CRIMINALLY NEGLIGENT WHEN HE/SHE DOES SOMETHING OR OMITS TO DO ANYTHING THAT IT IS HIS/HERS DUTY TO DO, AND SHOWS WANTON OR RECKLESS DISREGARD FOR THE LIVES OR SAFETY OF OTHER PERSONS

 

THE LACK OF INTENT TO HARM MAY NOT CONSTITUTE A DEFENCE IF DAMAGE RESULTS FROM CONSCIOUS ACTS PERFORMED IN CARELESS DISREGARD FOR OTHERS: THE BASIS OF THE EVALUATIONS SHOULD BE THAT “EVERYONE IS CRIMINALLY NEGLIGENT WHO (A) IN DOING ANYTHING, OR (B) IN OMITTING TO DO ANYTHING THAT IT IS HIS DUTY TO DO, SHOWS WANTON OR RECKLESS DISREGARD FOR THE LIVES OR SAFETY OF OTHER PERSONS” (WHERE ‘DUTY’ MEANS A DUTY IMPOSED BY LAW).

 

MAJOR GREENHOUSE GAS-PRODUCING STATES SHALL IMPLEMENT THE ACTIONS THAT WOULD DISCHARGE THE OBLIGATIONS INCURRED WHEN THEY SIGNED AND RATIFIED THE UNFCCC (PROVISIONS OF THE UNFCCC HAVE BECOME INTERNATIONAL PEREMPTORY NORMS AND AS SUCH ARE BINDING) AND OTHER LEGAL OBLIGATIONS AND BE FORCED TO REPAY THE EMISSION DEBT. HISTORIC EMISSIONS SHOULD BE CALCULATED AND AN ASSESSMENT MADE OF THE DEGREE OF DERELICTION OF DUTY IN THE IM-LEMENTATION OF THE UNFCCC. FROM THESE ASSESSMENTS, PROVISIONS MUST BE MADE TO COMPENSATE THE STATES THAT HAVE BEEN MOST DAMAGED BY THE FAILURE, OF THE MAJOR GREENHOUSE GAS EMITTING STATES, TO DISCHARGE OBLIGATIONS UNDER THE CONVENTION. IN SUCH CASES, A FUND SHOULD BE SET UP TO ASSIST VULNERABLE STATES IN TAKING DELINQUENT STATES TO THE INTERNATIONAL COURT OF JUSTICE, INCLUDING THE CHAMBER ON ENVIRONMENTAL MATTERS (HTTP://WWW.ICJCIJ.ORG/PRESSCOM/INDEX.PHP?PR=106&P1=6&P2=1&SEARCH=%22%22COMPOSITIONOF THE CHAMBER FOR ENVIRONMENTAL MATTERS

 

 


 

 

-
 

 

 

 

 

 

 

 Option I:

1. Establishment of AN Implementation and Compliance process WITH [as a standing subsidiary body under the CM compliance mechanism for developed countries and a facilitative mechanism for developing countries applicable to all Parties is hereby established.

2. (Objective and scope) The objective of the process referred to in paragraph 1 of this Article is to:

Option 1: AND 2

promote effective implementation of and promote and enforce compliance with provisions of commitments under Articles 3, 4, 6, 7, 8 and 9 of this Agreement [and to assess and address questions of implementation arising from each Party's performance in accordance with those provision. Option 2: promote compliance by developed countries and to facilitate implementation by developing countries through provision of adequate financial resource and transfer of technology

Option 3:

address cases of non-compliance by developed country Parties, including through the development of an indicative list of consequences, taking into account the cause, type, degree and frequency of non-compliance and facilitate implementation by developing country Parties

3. (Nature)

Option 1:

[The [Committee][mechanism][process][, including the Committee, shall be expert based, WITH NO STATE PARTICIPATION. and shall act in a manner that is transparent,  JUDICIAL REMEDIES, HOWEVER  MA UNDER A COMPLIANCE REGIME BE ENFORCED. It shall pay particular attention to the respective national capabilities and circumstances of Parties.

Option 2:  12

 Unless otherwise provided, the cross-references in this Article refer to the numbering as in ADP.2015.8.InformalNot

 For developing country Parties, the nature should be facilitative, non-punitive, non-adversarial and non-judicial

4. (Structure)

It shall function through a plenary and shall consist of Two separate branches forums[mechanisms

Option 1:

[X] members serving in their individual capacity, nominated by Parties and elected by the CMA, with due consideration to equitable geographical representation based on the five regional groups of the United Nations, ensuring the representation of small island developing States. The members shall be elected at the first session of the CMA. The Committee shall make every effort to adopt its decisions by consensus. If all efforts at consensus have been exhausted and no consensus is reached, the decisions shall, as a last resort be adopted by a [X] majority vote of the members present and voting, based on a quorum of two-thirds of the members.

Option 2:

(a) An enforcement branch for developed country Parties and a facilitative branch for developing country Parties. The Compliance Mechanism may establish technical panels to assist them in their task.

(b) The role of the enforcement branch is to review compliance with commitments made by developed country Parties and [the role of the facilitative branch is to facilitate the implementation by developing countries of enhanced action on mitigation, adaptation, and transparency of action in such a way that it shall be facilitative, non-punitive and non-adversarial] [those developing country Parties that have made economy wide quantified emission reduction commitments, with respect to their commitments on mitigation and support as established under this Agreement.

(c) The enforcement branch may recommend actions that a developed country Party should take to ensure it fulfills its commitments under this Agreement.

(d) The role of the facilitative branch is to review the implementation of the national determined mitigation commitment made by developing country Parties and to assist them in finding ways to incentivise their efforts to meet these commitments.

Option 3:

a compliance branch and an implementation forum , each with equitable and balanced representation of Parties. The members of the Committee shall have competence in a field relevant to this Agreement and reflect an appropriate balance of expertise.

Option 4:

A compliance mechanism to address cases of non-compliance of the commitments of developed county Parties on mitigation, adaptation, provision of finance, technology development and transfer and capacity-building and transparency of action and support. A facilitative mechanism to facilitate implementation by developing country Parties for enhanced action on mitigation, adaptation and transparency of action.

5. (Triggers)

Option 1:

The Committee may consider issues on the basis of:

(a) Written submissions from any Party or group of Parties with respect to its own or other Parties' compliance with or implementation of the provisions of the Agreement];

(b) Reports [by Parties in accordance with Article X of this Agreement][ and questions of implementation arising from the transparency and accountability system under Article [9]][reports from Technical Expert Review) teams; or

(c) Information derived from Annex [X] with regard to a situation where a Party fails to communicate and inscribe its NDMC; and

6. (Consequences)

Option 1

Where it has determined that a Party is not in compliance, [he Compliance Branch]shall apply the following consequences, taking into account the cause, type, degree and frequency of the non-compliance of that Party and pay attention to the respective national capabilities and circumstances of Parties as appropriate:

(a) Declaration of non-compliance; and

(b) Request of the development of a compliance action plan. Option 2: The measures to be adopted by the CMA shall range from offering advice and assistance to the issuance of a statement of concern][to [be applied or actions to be taken to] facilitate implementation and address cases of non-compliance AND promote compliance.

Option II:

An International Tribunal of Climate Justice as is hereby established to address cases of non-compliance of the commitments of developed country Parties on mitigation, adaptation, provision of finance, technology development and transfer and, capacity-building, and transparency of action and support, including through the development of an indicative list of consequences, taking into account the cause, type, degree and frequency of non-compliance.

 

****Article 12 (CMA)

 

1. The Conference of the Parties, the supreme body of the Convention, shall serve as the meeting of the Parties to this Agreement.

2. Parties to the Convention that are not Parties to this Agreement may participate as observers in the proceedings of any session of the Conference of the Parties serving as the meeting of the Parties to this Agreement. When the Conference of the Parties serves as the meeting of the Parties to this Agreement, decisions under this Agreement shall be taken only by those that are Parties to this Agreement.

3. When the Conference of the Parties serves as the meeting of the Parties to this Agreement, any member of the Bureau of the Conference of the Parties representing a Party to the Convention but, at that time, not a Party to this Agreement, shall be replaced by an additional member to be elected by and from among Parties to this Agreement.

4. The CMA shall keep under regular review the implementation of this Agreement and shall make within its mandate the decisions necessary to promote its effective implementation. It shall perform the functions assigned to it by this Agreement and shall:

 (a) Establish such subsidiary bodies as deemed necessary for the implementation of this Agreement;

(b) Option 1: Adopt its own rules of procedure at its first session;

Option 2: The rules of procedure of the Conference of the Parties shall be applied mutatis mutandis under this Agreement, except as may be otherwise decided by consensus by the CMA;

(c)

Option 1: Exercise such other functions as may be required for the implementation of this Agreement.

Option 2: Exercise the following functions:

i. [Periodical examination of obligation of Parties to the agreement;]

ii. [Promote and facilitate exchange of information;]

iii. [Facilitate the coordination of measures adopted by them to address climate change and its effects, taking into account the differing circumstances, responsibilities and capabilities of the Parties and their respective commitments].

5. The financial procedures applied under the Convention shall be applied mutatis mutandis under this Agreement, except as may be otherwise decided by consensus by the CMA

 6. The first session of the CMA shall be convened by the secretariat in conjunction with the first session of the Conference of the Parties that is scheduled after the date of entry into force of this Agreement. Subsequent ordinary sessions of the CMA shall be held in conjunction with ordinary sessions of the COP, unless otherwise decided by the CMA.

7. Extraordinary sessions of the CMA shall be held at such other times as may be deemed necessary by the CMA or at the written request of any Party, provided that, within six months of the request being communicated to the Parties by the secretariat, it is supported by at least one third of the Parties.

8. The United Nations, its specialized agencies and the International Atomic Energy Agency, as well as any State member thereof or observers thereto not party to the Convention, may be represented at sessions of the CMA as observers. Any body or agency, whether national or international, governmental or non-governmental, which is qualified in matters covered by this Agreement and which has informed the secretariat of its wish to be represented at a session of the CMA as an observer, may be so admitted unless at least one third of the Parties present object. The admission and participation of observers shall be subject to the rules of procedure referred to in paragraph 4(b) of this Article.

 

****Article 13 (Secretariat)

 

1. The secretariat established by Article 8 of the Convention shall serve as the secretariat of this Agreement.

2. Article 8, paragraph 2, of the Convention on the functions of the secretariat, and Article 8, paragraph 3, of the Convention on arrangements made for the functioning of the secretariat shall apply mutatis mutandis to this Agreement. The secretariat shall, in addition, exercise the functions assigned to it under this Agreement and  by the CMA.

 

****Article 14 (SBSTA AND SBI)

 

1. The Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body for Implementation (SBI) established by Articles 9 and 10 of the Convention shall serve, respectively, as the Subsidiary Body for and Technological Advice and the Subsidiary Body for Implementation of this Agreement. The provisions of the Convention relating to the functioning of these two bodies shall apply mutatis mutandis to this Agreement. Sessions of the meetings of the Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body for Implementation of this Agreement shall be held in conjunction with the meetings of, respectively, the Subsidiary Body for Scientific and Technological Advice and the Subsidiary

Body for Implementation  of AND COMPLIANCE WITH the Convention. 

2. Parties to the Convention that are not Parties to this Agreement may participate as observers in the proceedings of any session of the subsidiary bodies. When the subsidiary bodies serve as the subsidiary bodies of this Agreement, decisions under this Agreement shall be taken only by those that are Parties to this Agreement.

3. When the subsidiary bodies established by Articles 9 and 10 of the Convention exercise their functions with regard to matters concerning this Agreement, any member of the bureaux of those subsidiary bodies representing a Party to the Convention but, at that time, not a Party to this Agreement, shall be replaced by an additional member to be elected by and from among the Parties to this Agreement.

****Article 15

(Bodies and Institutional Arrangements to Serve Agreement)

 

1. Subsidiary bodies or other institutional arrangements and mechanisms established by or under the Convention, in addition to those subsidiary bodies and institutional arrangements explicitly referred to in this Agreement, shall may serve this Agreement unless otherwise decided by the CMA] [[upon a decision of the CMA]. [Such decision shall specify the functions to be exercised by such bodies or arrangements.

2. The CMA may provide further guidance to those subsidiary bodies and institutional arrangements [including the functions to be exercised by such bodies and institutional arrangements including for members of such bodies and institutional arrangements nominated by Parties to the Convention that are not Parties to this Agreement to the extent that these bodies and institutional arrangements serve this Agreement.

 

****Article 16

Signature and Instruments of Ratification

, Acceptance

, Approval or Accession

 1. This Agreement shall be open for signature and subject to ratification, acceptance or approval by States and regional economic integration organizations that are Parties to the Convention. It shall be open for signature at the United Nations Headquarters in New York, the United States of America, from 22 April 2016 to 21 April 2017. Thereafter, the Agreement shall be open for accession from the day following the date on which it is closed for signature. Instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary;

2. Any regional economic integration organization that becomes a Party to this Agreement without any of its member States being a Party shall be bound by all the obligations under this Agreement. In the case of regional economic integration organizations with one or more member States that are Parties to this Agreement, the organization and its member States shall decide on their respective responsibilities for the performance of their obligations under this Agreement. In such cases, the organization and the member States shall not be entitled to exercise rights under this Agreement concurrently.

3. In their instruments of ratification, acceptance, approval or accession, regional economic integration organizations shall declare the extent of their competence with respect to the matters governed by this Agreement. These organizations shall also inform the Depositary, who shall in turn inform the Parties, of any substantial modification in the extent of their competence.

****Article 17

(Further Requirements and Decision Making Rights)

 Option I:

1. [A Party to the Convention shall communicate to the secretariat when it deposits its instrument of ratification, acceptance, approval or accession a nationally determined mitigation commitment in accordance with Article 2bis of this Agreement in order to become Party to the Agreement. The nationally determined mitigation commitment shall be legally binding on that Party upon entry into force of this Agreement for that Party.

2. A Party shall have a current mitigation commitment in accordance with Article 2bis of this Agreement] in order for it to participate in decision making under this Agreement.

 

****Article 18 (Entry into Force)

 

1. This Agreement shall enter into force on the thirtieth day after the date

on which at least [X] number of Parties to the Convention [and] [or] on which Parties to the Convention accounting for [x] percent of total [net] global greenhouse gas emissions in [[date][1990][2000][2010][2012]] have deposited their instruments of ratification, acceptance, approval or accession [whichever occurs first, coming into effect not earlier than 1 January 2020][.][, with such Parties to the Convention accounting for X per cent of total [net] global greenhouse gas emissions [1990][2000][2010][2012]] [but not earlier than 1 January 2020].] [placeholder for starting and ending date of the Agreement]

2. For the purposes of paragraph 1 of this Article, "total global  greenhouse gas emissions of such Parties means the total global anthropogenic] greenhouse gas emissions and removals as estimated by the Intergovernmental Panel on Climate Change in its Fifth Assessment Report][most up-to-date amount communicated on or before the date of adoption of this Agreement by the Parties to the Convention either in their national communications submitted in accordance with Article 12 of the Convention or in their biennial reports or biennial update reports submitted in accordance with decision 1/CP.16 of the Conference of the Parties.

3. For each State ratifies, accepts or approves this Agreement or accedes thereto after its entry into force in accordance with paragraph 1 of this Article, this Agreement shall enter into force on the thirtieth day after the date of deposit by such State or regional economic integration organization of its instrument of ratification, acceptance, approval or accession.

4. For the purposes of paragraph 1 of this Article, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by its member States.

****Article 19 (Amendments)

 

1. The provisions of Article 15 of the Convention on the adoption of amendments to the Convention shall apply mutatis mutandis to this Agreement.

2. Notwithstanding Article 19, paragraph 1, above a Party may propose an adjustment to enhance] the efforts expressed by its mitigation commitment inscribed in] Annex [A or B] [or] [X] to this Agreement. A proposal for such an adjustment shall be communicated to the Parties by the secretariat at least three months before the CMA at which it is proposed for adoption.

3. An adjustment proposed by a Party [to enhance] the efforts expressed by its [

mitigation commitment inscribed in Annex[A or B [or] [X] to this Agreement shall be considered adopted by the CMA unless more than three fourths of the Parties present and voting object to its adoption. The adopted adjustment shall be communicated by the secretariat to the Depositary, who shall circulate it to all Parties, and shall enter into force on 1 January of the year following the communication by the Depositary. Such adjustments shall be binding upon Parties.

****Article 20 (Annexes)

1. Annexes to this Agreement shall form an integral part thereof and, unless otherwise expressly provided for, a reference to this Agreement constitutes at the same time a reference to any annexes thereto. Such annexes shall be restricted to lists, forms and any other material of a descriptive nature that is of a scientific, technical, procedural or administrative character.

2. The provisions of Article 16 of the Convention on the adoption and amendment of annexes to the Convention shall apply mutatis mutandis to this Agreement except in respect of the annex containing national determined mitigation commitments.

 

****Article 21 (Settlement of Disputes)

 

The provisions of Article 14 of the Convention on settlement of disputes shall apply mutatis mutandis to this Agreement.

 

****Article 22 (Voting)

1. Each Party shall have one vote,

3. Without prejudice to the provisions of paragraph 3 of Article 15 of the Convention, the Parties shall make every effort to reach agreement on all matters by consensus. If such efforts to reach consensus have been exhausted and no agreement has been reached, a decision shall, as a last resort, be adopted by a three-fourths majority vote of the Parties present and voting.

4. For the purpose of this Article, 'Parties present and voting' means Parties present and casting an affirmative or negative vote.]

 

 ****Article 23 (DEPOSITARY)

 

The Secretary-General of the United Nations shall be the Depositary of this Agreement.

AT COP15 , HEADS OF STATES WERE MAKING PRESENTATIONS TO THE PLENARY. THE MAJOR OF HEADS OF STATES, PARTICULARLY FROM THE FROM THE DEVELOPING STATES WERE CALLING FOR THE GLOBAL COMMUNITY TO MAINTAIN THE RISE IN TEMPERATURE TO WELL BELOW 1.5 DEGREES. BOLIVIA LED THE WAY BY DEMANDING THAT THE RISE IN TEMPERATURE MUST REMAIN BELOW 1 DEGREE AND THE PPM MUST RETURN TO 300PPM. TRAGICALLY, IT WAS CLEAR AT COP15 THAT THE PLEAS OF THE MAJORITY OF STATES WERE DISCOUNTED.

SOON AFTER  AT THE INSTIGATION OF THE MALDIVES, THE CLIMATE VULNERABLE FORUM WAS FORMED; THIS GROUP HAS CONTINUED TO MEET AND C. FOR THE TEMPERTURE NOT TO RISE ABOVE E ABOVE 1.5

BOLIVIA LED THE WAY BY DEMANDING THAT THE RISE IN TEMPERATURE MUST REMAIN BELOW 1 DEGREE AND THE PPM MUST RETURN TO 300PPM. TRAGICALLY, IT WAS CLEAR AT COP15 THAT THE PLEAS OF THE MAJORITY OF STATES WERE DISCOUNTED ON DECEMBER 7TH, PAPUA NEW GUINEA HAD PROPOSED THAT, RATHER THAN DESCEND TO THE LOWEST COMMON DENOMINATOR, THE PARTIES SHOULD STRIVE FOR CONSENSUS WITH A FALL BACK OF 75%. UNFORTUNATELY, THIS PROPOSAL WAS SUMMARILY DISMISSED BY THE CHAIR. THIS PROPOSAL SHOULD NOW BE ACCEPTED AND IMPLEMENTED IN PARIS.

 

THAT MAJOR GREENHOUSE GAS-PRODUCING STATES BE FORCED TO IMPLEMENT THE ACTIONS THAT WOULD DISCHARGE THE OBLIGATIONS INCURRED WHEN THEY SIGNED AND RATIFIED THE UNFCCC. IN ADDITION, HISTORIC EMISSIONS SHOULD BE CALCULATED AND AN ASSESSMENT MADE OF THE DEGREE OF DERELICTION OF DUTY IN THE IMPLEMENTATION OF THE UNFCC. FROM THESE ASSESSMENTS, PROVISIONS MUST BE MADE TO COMPENSATE THE STATES THAT HAVE BEEN MOST DAMAGED BY THE FAILURE TO DISCHARGE OBLIGATIONS UNDER THE CONVENTION (THE CLIMATE DEBT). IN SUCH CASES, A FUND SHOULD BE SET UP TO ASSIST VULNERABLE STATES IN TAKING DELINQUENT STATES TO THE INTERNATIONAL COURT OF JUSTICE. THESE RESOURCES SHOULD BE PUT INTO A FUND FOR THE IMPLEMENTATION OF THE UNFCCC; AND THE PROPOSAL IN THE PEOPLES AGREEMENT FROM COCHABAMBA OF SETTING UP OF AN INTERNATIONAL TRIBUNAL TO PROCESS DELINQUENT STATES MUST BE PROVIDED FOR UNDER THE AUSPICES OF THE UNFCCC.

ON DECEMBER 7TH, PAPUA NEW GUINEA HAD PROPOSED THAT, RATHER THAN DESCEND TO THE LOWEST COMMON DENOMINATOR, THE PARTIES SHOULD STRIVE FOR CONSENSUS WITH A FALL BACK OF 75%. UNFORTUNATELY, THIS PROPOSAL WAS SUMMARILY DISMISSED BY THE CHAIR. THIS PROPOSAL SHOULD NOW BE ACCEPTED AND IMPLEMENTED IN PARIS.
IF ONE HAD COUNTED  THE G77 REPRESENTING 130 DEVELOPING STATES ALONG WITH SOME LOW -LYING STATES OR SMALL ISLAND STATES WHICH WERE NOT MEMBERS OF THE G77 AND, WITH SOME OF THE MEMBER STATES OF THE EUROPEAN UNION, THEN POSSIBLY OVER 75% OF THE SIGNATORIES OF THE UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE (UNFCCC) WOULD HAVE BEEN PREPARED TO SIGN AND RATIFY A STRONG, LEGALLY BINDING AGREEMENT. IT COULD BE ARGUED, ON THE ONE HAND, THAT SUCH AN AGREEMENT WOULD HAVE BEEN IRRELEVANT BECAUSE THE MAJOR GREENHOUSE GAS PRODUCERS WOULD NOT HAVE SIGNED ON. WITH PRESSURE, HOWEVER, THE MAJOR GREENHOUS GAS EMITTING STATES MIGHT HAVE EVENTUALLY SIGNED ON.

 

THIS ERROR OF INSISTING ON CONSENSUS MUST NOT HAPPEN  AT COP21 IN PARIS

 

****Article 24 (Reservations)

 

No reservations may be made to this Agreement. Placeholder for further text on reservation

 

****Article 25 (withdrawal)

 

1. At any time after three years from the date on which this Agreement has entered into force for a Party, which Party may withdraw from this Agreement by giving written notification to the Depositary.

2. Any such withdrawal shall take effect upon expiry of one year from the date of receipt by the Depositary of the notification of withdrawal the then current mitigation commitment of that Party, the Party having discharged itself from all duties connected to this commitment], or on such later date as may be specified in the notification of withdrawal.

3.      Any Party that withdraws from the Convention shall be considered as also having withdrawn from this Agreement.

Article 26 (LANGUAGES)

 The original of this Agreement, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

 [Placeholder for annexes] ]

 

Last Updated on Tuesday, 01 December 2015 21:31
 

Latest News