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THE FOURTH AND LAST PREPCOMM IN BALI, INDONESIA

By Marc Berthold, Heinrich Boell Foundation Washington Office

The fourth Preparatory Committee Meeting for the World Summit on Sustainable Development was held in Bali, Indonesia from May 24 to June 6, 2002. It started three days earlier than initially scheduled due to the limited outcome of the previous PrepComm in New York. These three days were added for informal consultations of the major negotiation groups, such as the European Union and G77/China, and for informal negotiations on the revised Chairman’s Paper (Type-I-Outcome). The aim was to finish these negotiations before the official start of the PrepComm in order to focus the meeting on the Political Declaration and on further deliberations on Partnerships (Type-II- Outcome).

The revised Chairman’s Paper had different names during the Bali PrepComm. It was called Plan for Action, the Bali Commitment, and is currently available as Draft Plan for Implementation. It still includes the nine chapters of the initial Chairman’s Paper, and was extended with one additional chapter: the third PrepComm ’s discussion paper “Sustainable Development Governance at the International, Regional and National Levels” is now Chapter Ten - “Institutional Framework for Sustainable Development” -, and thus part of the negotiation document.

Negotiations continued in the format of the Working Groups I to III; as at the previous PrepConm in New York: Working Group I covered Chapters 1 to 4 (Introduction, Poverty Eradication, Changing Unsustainable Patterns of Consumption and Production, Protecting and Managing the Natural Resource Base of Economic and Social Development), Working Group II negotiated Chapters 5 through 9 (Sustainable Development in a Globalising World, Health and Sustainable Development, Sustainable Development of Small Island Developing States, Sustainable Development Initiatives for Africa, means of Implementation), and Working Group III continued negotiating Chapter 10 (Institutional Framework for Sustainable Development).

The first week (May 27 – May 31) encompassed the second Multi-Stakeholder Dialogue (MSD) of the Johannesburg Process, further Working Group meetings on the revised Chairman’s Paper, and contact groups on specific contentious issues. The second week (June 3 – June 7) - initially intended to focus on the preparations of the Political Document - included informal plenary sessions on the revised Chairman’s Paper, Contact groups, and hosted the second high-level ministerial segment of the WSSD preparatory process (June 5 through June 7). There were also two informal consultations on Type-II-Outcomes.


What happened? – An Overview

The PrepComm IV in Bali had three major goals:

  1. Agreement to the Plan of Action (Type I)
  2. Drafting the Political Declaration
  3. Further Consultations on Partnerships (Type II)

The plain result of the Bali PrepComm shows as follows:

  1. 73% Agreement to the Plan of Action
  2. No Draft of the Political Declaration
  3. No major progress on Framing Partnerships

The negotiations of the Plan of Action took the same direction as during the previous PrepComm in New York. During the first week, the Working Groups read the revised Chairman’s Paper - which was hastily named “Bali Commitment” - Chapter for Chapter adding new brackets and paragraphs to the text. In the second week, informal plenary sessions negotiated these brackets in order to clean up the text again.

This process went very slowly. On June 4, PrepComm Chair Emil Salim established a “Friends of the Chair” group in order to bridge the remaining gaps, but even after the high-level ministerial segment, only 73% of the text was agreed, leaving 27% open for Johannesburg, mainly in Chapters 9 and 10, dealing with Trade and Finance issues, as well as the Institutional Framework.

Finalising the Plan for Action was so time consuming that hardly any time could be dedicated to the Political Declaration. Only informal consultations during the high-level ministerial segment roughly discussed some elements, and the Chair was asked to present a Draft of the Political Declaration by the end of June.

There were only two informal consultations on Type-II-Partnerships during the second week of the PrepComm. Delegations continued exchanging views on guiding principles for partnerships for sustainable development, and informed each other about partnerships undertaken and envisoned by governments. The Vice-Chairs, Jan Kara and Dianne Quarless, issued a Summary on the Informal Meetings on Partnerships laying out some guiding principles.


General Tendencies in Government Positions

The outcome of the Bali PrepComm is evaluated both as success and as failure. The United Nations and most governments see the results as a success. The United States, the European Union countries, and G77/China are satisfied to have agreed upon 73 percent of the Plan of Action, and to have found a general consensus on the value of partnerships for sustainable development.

Host Indonesia is glad that the Bali PrepComm delivered most of the Plan of Action, it expressed, however, concern about the lack of political will of basically all governments to proceed with higher speed and in a more courageous manner. South Africa, hosting the World Summit, also stated satisfaction, since Bali left enough substance and flexibility for negotiations in August and September.

The United States went to Bali intending to focus on further progress with Type-II-Agreements instead of working on beefing up the Plan of Action. The U.S. delegation argued that the history of international agreements has proven how little effect they have, and that the United States is in favor of real action through partnerships with business and civil society organisations. Their position was strongly supported by Australia, Canada, and Japan, who all happened to sit next to each other in the Working Group negotiations, and during the informal plenary sessions, which helped their consistent collaboration.

Hence, the U.S., who had not sent any high-level government official to the ministerial segment, kept on blocking any formal commitments, targets and trimeframes that would bind the U.S. government internationally. In accordance with its argumentation during PrepComm III, they avoided clarification in the Plan of Action concerning the definition of “Sustainable Development”, the notion of “Common but Differentiated Responsibility” (Rio Principle 7) as well as of the “Precautionary Principle” (Rio Principle 15). It objected to any financial commitments, and emphasised the role of national governments. In addition, the U.S. insisted on linking any financial development aid with “Good Governance”-measures in developing countries.

The European Union, on the other hand, was in favor of an international document in Johannesburg, and mainly put forward its agenda on the environment: Almost alone, the EU tried to proceed with the environmentally relevant Chapters in the Plan of Action, mostly opposed by the G77/China. Efforts to bridge gaps and build a coalition between the EU und G77/China were not successful, since the EU did not make any offers in the areas of trade, finance, and subsidies.

G77/China continued its efforts to re-negotiate the outcome of the WTO Ministerial in Doha as well as the results of the Financing for Development Conference in Monterrey. Developing countries aim for an increase in international financial support, and stress the responsibility of industrialised countries in assisting developing countries to overcome the burden of poverty and to develop their economies in a sustainable way. G77/China was the strongest opponent of the United States’ push for good governance and establishment of public access to information within the Plan of Action.


Draft Plan of Implementation - A Plan of Action?

What will be called Plan of Action in Johannesburg was only temporarily named the “Bali Commitment” until the delegations realised that any commitment by the end of PrepComm 4 was only wishful thinking. For the time being, the same document is now called Draft Plan of Implementation. It now encompasses 64 pages. Newsletter III already described large parts of the content of the previous document, the Chairman’s Paper, thus this edition refrains from repeating each Chapter in detail. A detailed analysis of the current Draft Plan of Implementation can, however, be found in the Earth Negotiations Bulletin.

According to the United Nations WSSD Secreteriat, 73% of the Draft Plan is agreed, and only 27% remains open and will be finalised in Johannesburg. Reading the document, it becomes apparent that the most of these 27% contentious issues are found in Chapters 9 and 10: Means of Implementation and Instituional Framework for Sustainable Development. All other Chapters are mainly finished and ready for the World Summit.

Contentious issues, all through the text, are mainly references to Agenda 21, concrete time frames, globalisation issues, such as corporate accountability and good governance, matters of finance and trade, as well as the institutional framework. These are the areas where the United States, Australia, Canada and Japan on the one hand, and G77/China on the other hand clash, and where up to this point no consensus is in sight.

In a first UN briefing of WSSD Chair Salim, the U.S. and G77/China admitted that there are major conceptual differences between these blocks. No negotiation of language will be successful until these conceptual misunderstandings are resolved. The differences encompass the understanding of the current and a future development paradigm: While the United States emphasises the role of national governments and civil society in development, and stresses the need for anti-corruption measures, accountability, and further trade liberalisation in developing countries, G77/China point out the historical responsibility of industrialised countries as former colonial powers, and demand further financial assistance without constraints in order to develop adequately. Hence the roles of the WTO and of the Monterrey Consensus remain contentious.


Partnerships

An overall assessment makes clear that the World Summit on Sustainable Development will be a conference on Partnerships. The so-called Type-II-Agreements kept on being the center focus of many governments in the hallways, although only two informal consultations on partnerships took place. Particularly, the United States emphasised their importance, and stressed that they preferred the establishment of voluntary partnerships to an intergovernmental commitment. All northern governments are determined to give partnerships a major role in future sustainable development. The U.S. government is already speaking of a change in the culture of international politics and negotiations: Decrying the failure of large intergovernmental negotiations, the U.S. paints a picture of great development through business involvement in cooperation with governments and civil society. Only a few developing countries attended the informal sessions, since the negotiations on the Plan of Action continued at the same time. While G77/China also see opportunities in partnerships, they are, however, concerned that they could impose negative conditionalities defined by donor governments, and lead to new dependencies on the part of developing countries. The Co-Chairs of the informal consultations, Kara and Quarless, warned that such partnerships needed to be linked to intergovernmental agreements (Type-I-Agreements), that they should follow internationally agreed guidelines, and must be monitored by an international body. These linkages could not be made during the informal consultations, and are not mentioned in the Draft Plan of Implementation due to the strict opposition of the EU, the U.S., and Japan. Vice-Chairs handed out an explanatory note with guiding principles for partnerships, which includes the input of the two informal consultations, and which will be further discussed during the World Summit on Sustainable Development. The UN also announced its WEHAB agenda of potential partnerships for Johannesburg and beyond: Such partnerships are to be built in the areas of: Water, Energy, Health, Agricultural Productivity and Biodiversity (WEHAB).

Accordingly, the U.S. announced seven areas of involvement for partnerships, which the Bush administration will work on and look for partners in the business sector. These sectors are Energy; Water; Sustainable Agriculture and Rural Development; Forests; Oceans and Fisheries; Health; and Education. The U.S. government also determined Points of Contact in various U.S. agencies to be in charge of these partnerships. The list is available through the U.S. State Department, and also serves as useful points of lobbying for NGOs.


Civil Society Criticism

Civil Society organisations arrived in Bali with a high motivation and hopes to put the Johannesburg Process back on track. They had an optimistic view that the poor outcome of the third PrepComm could be reversed in Bali, but already during the first few days of the Bali Meeting, reality proved them wrong.

Many NGOs decried the failure of the PrepComm in the beginning of the second week, when they realised that the Plan of Action could not be finished, and would only be extremely weak in comparison to Agenda 21 and to the civil society expectations for the World Summit on Sustainable Development. Thus, NGOs do not share the assessment of the governments that 73% of agreed text is a success.

NGOs increased pressure on the government to tackle the challenges and to return to the spirit of Rio. They expressed their frustration in caucus meetings, press conferences and silent demonstrations within and outside the Bali International Conference Center (BICC).Greenpeace brought its Rainbow Warrior to the coast of Bali, and the Youth Caucus held a silent mini-rally in front of the conference halls within the BICC.

The Indonesian People’s Forum, which took place in the Nusa Dua Amphitheater ten minutes from the BICC, and in the Grand Hyatt Conference Complex, served as an important venue for critical voices. A series of workshops and rallies were held in order to pressure governments. The People’s Forum was at times a brave venue for demonstrations under the observance of various Indonesian Security Forces.

In a common statement, Consumers International, Danish 92 Group, Friends of the Earth, Greenpeace, Oxfam, The World Wildlife Fund for Nature, and ANPED criticised the lack of political will in developed countries to make progress. They decry that the World Summit will be a step back from Rio, and that northern governments let down both the South as well as civil society.

While NGOs see responsibility for the failure with all governments, they, particularly, accuse the United States, Canada, Australia and Japan for blocking any international commitment and for derailing the entire Johannesburg process. While the U.S. tried to undermine any international agreement through shifting responsibility on the national level, the EU did not offer enough to developing countries in order to win them for progress on the environmental agenda.

They take a critical stand on the role of globalisation, of the World Trade organisation, and on the subtle re-definition of “Sustainable Development”- away from environmental protection towards trade liberalisation. Hence, they are skeptical whether Type-II-Partnerships - not linked to and framed by intergovernmental agreements - are a useful tool to implement and endorse sustainable development. Civil Society organisations rather see them as a mask of governments for their failure to act meaningfully.

They identify the current design of Type-II-Partnerships as unacceptable, since they are only voluntary, cannot be endorsed by the United Nations, will not be monitored by any international institution, and because no evaluation of impact and performance is foreseen. In light of globalisation, NGOs pressure governments to commit to a Convention on Corporate Accountability in order to control corporations in the free market economy and in Type-II-Partnerships.

As a singular success in the Plan of Action, the Energy Caucus highlighted the Energy Chapter in the Plan of Action, which includes detailed timeframes and targets, as well as the reduction of environmentally harmful subsidies.

NGOs led a serious debate whether or not to abandon the World Summit on Sustainable Development, or to keep on struggling for a success story in Johannesburg. Despite the outstanding disappointment about the government’s performance, nearly all accredited NGOs called for the continuation of the civil society involvement in the Summit “We are not giving up!” says the common statement. NGOs know that it is not the United Nations nor the Summit but governments along with the business sector which are challenging the future of sustainable development.

In light of the weak content of the current Draft Plan for Implementation, Friends of the Earth International welcomes the break up of the negotiations in Bali. Thus, there is still hope for some progress during the World Summit itself. Their optimism is, however, limited, for the United States won’t change their positions until the end of August, and also the tentative coalition building between the EU and G77/China won’t lead to a strong power on the last few miles to Johannesburg.

A coalition of U.S. NGOs is preparing itself already for the Post-Johannesburg process: realising that Johannesburg won’t be another Rio Conference with milestone international agreements but rather the launch of a new kind of global cooperation, they are planning on how to be involved, and how to monitor partnerships for sustainable development.


Gimme me Hope Joanna – What now, World Summit?

There are lots of challenges left for the World Summit itself: The Plan for Action needs to be finished, the Political Declaration will have to be negotiated, and a Framework for Partnership will be high on the agenda. All these tasks require strong efforts by the governments on the national as well as on the international level, and by the United Nations WSSD Secreteriat.

The Indonesian as well as the South African governments decided to join forces and to share responsibilties on the last few miles to Johannesburg. While the main tasks lie with South Africa, Indonesia will be an advisor and facilitator in order to have a productive start of the World Summit in Johannesburg.

World Summit Chair Emil Salim decided to have weekly briefings and discussions on the progress of the preparations – nationally and internationally. There will be no intersessional meetings or negotiations on the Draft Plan for Implementation before Johannesburg, but the earlier stated conceptual differences are to be resolved in the meantime.

Additionally, international meetings - such as the G8 in Canada as well as the passing on of the Rio-Torch in Brazil at the end of June, and the ECOSOC sessions in July – will be used to bring the governments together in order to to look for consensus on open topics. Much of it will happen behind closed doors, and without access of NGOs.

While South Africa’s President Mbeki is trying to convince the Heads of States all across the world to attend the Joahnnesburg Summit, his Foreign Minister is traveling especially to the European capitals. According to a survey by the Natural Resources Defense Council in Washington DC, 45 governments already confirmed their presence in South Africa; among them Germany’s Chancellor Schröder and Great Britain’s Prime Minister Blair. Whether or not U.S. President Bush will travel to Johannesburg is not yet clear. More and more NGOs doubt that George W. Bush will decide to go.

South African Minister for the Environment and Tourism Moosa also announced that South Africa would draft a Political Declaration by Johannesburg. He is determined to make the World Summit for Sustainable Development a success.

NGOs still have opportunities to lobby their governments on the Chapters of Globalisation, Means of Implementation, and the Institutional Framework in the Draft Plan for Action. The weekly briefings by WSSD-Chair Salim will be helpful in keeping a close look on the preparations and further developments. The outcome of these briefings needs to be circulated widely.

A crucial tool will be to raise media attention for the World Summit. The first step was done in Bali. For the first time in the preparatory process, international media reported on the events in Bali, and questioned the slow progress of the negotiations. In order to pressure governments and reach public awareness, journalists, now, need to be briefed. Therefore, NGOs need to find one common message; the stronger and clearer this message is, the likelier is that it will be heard by the media, the global public, and by governments under pressure. Only a powerful and visible global NGO coalition in Johannesburg will be able to influence the fate of the World Summit.

Like it or not – the major outcome of Johannesburg will be the launch of various Type-II- Partnerships. While civil society organisations should continue to push for a framework on partnerships, a linkage to the Type-I-Outcome, and a convention on corporate accountability, they should also involve themselves in the partnership discussions in order to have influence on their shape and in order to take over the monitoring.

This might be the most important Post-Johannesburg task for NGOs in the years ahead. It cannot be taken for granted that the World Summit eventually decides on an institutional framework for Type-II-Partnerships; if NGOs generally object to partnerships under the current conditions, they risk losing access and influence in a process that will be launched in Johannesburg anyway.

Voices critical of the Johannesburg process speak of a step back from Rio 1992. They are right in as far as the World Summit for Sustainable Development – though being the biggest international conference ever – won’t be a visionary breakthrough for the implementation of sustainable development, but the Johannesburg Summit might change the paradigm of international cooperation.

It has become obvious that the usual international negotiations of documents are extremely insufficient and often only lead to waste paper. The fate of the Johannesburg Plan of Action is a proof. Partnerships, as problematic as they appear at this point, might be a worthwile experiment to take action – also for civil society organisations.

ends.

 



 

D O N W L O A D

PrepComm IV: World Summit Newsletter No. 4; published by the Heinrich Boell Foundation Washington Office -- pdf; 13 pages ] +  [ Espanol ]

C O N T A C T

Marc Berthold
Heinrich Boell Foundation
Washington Office
marc_boelldc@yahoo.com

S E E  A L S O

More on PrepComm IV ]

The run up to the Summit ]



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