GreenLaw

Report on the IUCN World Conservation Congress, Jeju South Korea 9/4-15/2012, and Pace & CEL Contributions

IUCN Description of the World Conservation Congress

Green gets gold at Nature’s Olympics

15 September 2012 | IUCN statement

Jeju Island, Republic of Korea, 15 September 2012 (IUCN) – As economic difficulties continue to dominate international debate, IUCN’s World Conservation Congress has put nature back centre stage in the quest to recover our natural assets and use nature to solve a growing list of economic and social issues.

“The Congress, which has become known in Korea as “Nature’s Olympics”, has brought home gold for conservation,” says Julia Marton-Lefèvre, IUCN Director General. “It has demonstrated how nature-based solutions, as expressed in the Congress slogan “Nature+”, help us address many of our most pressing challenges.”

More than 10,000 people participated in the 2012 Congress on Jeju Island, including over 5,000 conservation experts from 153 countries and more than 550 events.

The crisis facing the natural world was underlined with new statistics on the decline of Caribbean corals and the publication of the top 100 most endangered species. Other highlights include updates on the IUCN Red List of Ecosystems, the IUCN Green List of Protected Areas, the Protected Planet Report and new findings on locally managed forests.

A strong emphasis was put on business responsibility. Major corporations, such as Nespresso and Rio Tinto, set new standards in sustainable practice, while Microsoft and Google signed up to support innovative conservation technologies. A €20m investment in biodiversity and protected areas management was announced by IUCN and the European Union.

More than 180 motions were proposed to the Members’ Assembly, IUCN’s unique global environmental parliament bringing together governments and non-governmental organizations to debate [revise, adopt] and vote.

The Assembly approved resolutions on a wide range of issues including action to recover Atlantic bluefin tuna stocks and avert extinctions of rare dolphin species; shutting down illegal bear farms; scaling back offshore drilling in French Guiana, Suriname and Guyana; and providing better payment channels for ecosystem services in poor countries.

Action on stopping the escalating poaching of elephants and rhinos was approved, and the push for a globally binding treaty on protecting wildlife from mercury contamination was endorsed, as was greater enforcement of laws on wildlife crime and reducing the impact of recreational divers on marine environments. [IUCN became the first international organization to call for the legal protection of marine phytoplankton, which sustains oceanic food chains].

IUCN’s work Programme for the coming four years was also approved, recognizing that global production and consumption patterns are destroying nature, and at the same time, people, communities, governments and business are underutilizing the potential of nature and the solutions it provides. The new Programme builds upon IUCN’s niche as the world’s leading authority on biodiversity conservation. [IUCN also adopted its Fiscal Plan for the period through 2016. Despite the global economic woes, IUCN is solvent and implementing its Programme through efficient and effective projects].

As the Congress drew to a close, Zhang Xinsheng of China was elected as the new President of IUCN for the coming four years. Zhang is co-founder and Executive Chairman of Eco-Forum Global, and a devoted advocate for environmental protection and sustainable development. (A new Council also was elected to represent the organization until the next Congress in 2016).” [The Congress also elected Dr. John Robinson, of the Wildlife Conservation Society headquarters in New York, representing the USA].

IUCN uniquely has governments, businesses and NGOs as members.  Official delegations attended from more than 85 sovereign nations, 100 ministries and 850 businesses and other non-governmental organizations.  They deliberated all together.

Pace Law School Delegation

Lin Harmon,  Professor, Assistant Dean and Director of Environmental Law, headed the Pace Delegation that included Professor Nicholas Robinson, Professor David Cassuto, and students/alumni Elaine Hsiao; Omer Aijazi, Faisal Alturk, and Professor So Byungchun. Also participating was alumna Amy Mehta, now assistant to IUCN’s UN Delegate Narinder Kakar.

Awards

Dr. Wolfgang Burhenne, the Executive Governor of the International Council on Environmental Law,  recipient of an honorary degree from Pace, was given the top IUCN award, the Harold Jefferson Coolidge Memorial Medal for outstanding contributions to conservation of nature and natural resources, recognizing his global leadership in environmental law and his very significant contributions to international environmental treaties and specifically to IUCN as Chair and Deputy Chair of IUCN’s Commission on Environmental Law (1960-1990), Legal Adviser to the Union (1990-1994), long standing membership of the IUCN Council,  and his  constant source of support to the Secretariat at every General Assembly and Congress since 1950.

Professor Nicholas Robinson received one of the IUCN’s highest honors, Honorary Lifetime Membership status in IUCN, presented to him by His Royal Highness Prince Carl Philip of Sweden for his service as Deputy Commissioner and General Counsel of the Department of Environmental Conservation of the State of New York, his nearly 20 years’ service on US delegations to Environmental Law bilateral negotiations with the USSR (1974-1992), his membership on the IUCN Commission on Environmental Law (CEL) since 1972 and Chair from 1996 to 2004, his service as Chair of the Legal Drafting Group for the IUCN Statutes Review Committee, and led the drafting of the revised IUCN Statutes and Regulations, his founding of the IUCN Academy of Environmental Law of which he was its Chair from 2004 to 2007, and his  successful campaign to secure official Observer status for IUCN at the UN General Assembly, making it the first and only environmental organization to send an Observer delegation to the UN.

Pace Motions Adopted

The Pace delegation made a clean sweep of adoption of motions sponsored by its members that will now be included among the Resolutions guiding IUCN’s work in the next four years.

Professor Nick Robinson successfully got adopted resolutions on the Rights of Indigenous Peoples, Courts and Access to Justice and Marine Phytoplankton.

Professor David Cassuto obtained adoption of his motion on Industrial-scale Agriculture. The motion requests the IUCN Director General, Commissions, and members, to promote a worldwide shift to sustainable agriculture; directs IUCN, in collaboration with members, to advocate for the reduction and regulation of environmentally unsustainable agricultural enterprises and to provide technical assistance and incentives for conversion to practices of sustainable agriculture which will build resilience to the impacts of climate, restore the productivity of soils, and improve food security for the people of the world; requests that IUCN provide leadership in advising governments on the regulation of environmentally unsustainable enterprises; and requests the Director General to requests that IUCN sponsor a series of regional conferences addressing the impacts of environmentally unsustainable agricultural enterprises on climate change, biodiversity, sustainability, food security environmental degradation, indigenous populations, and human and animal health.

I obtained passage on a motion to restore energy to the IUCN program 2012-2016 as an amendment to a motion presented by the IUCN Council, and a motion presented with the International Council on Environmental Law setting forth strong requirements for protection of the environment in hydraulic fracturing.

Elaine Hsiao succeeded in adoption of a motion Establishing a Forum for Transboundary Protected Areas’ Managers and Prioritizing Community-Based Natural Resource Management for Social and Ecological Resilience.

Forums and Events

Along with our colleagues Justice Antonio Benjamin from Brazil, Pace Judicial Scholar Merideth Wright, Environmental Law Institute Jay Pendergrass, and inspiring Filipino environmental attorney Tony Oposa, Professor Nick Robinson and Dean Lin Harmon presented a four-hour workshop on “Giving Force to Conservation Laws: Environmental Adjudication.”

Professor Nick Robinson gave the keynote address at the Korean Environmental Law Association’s workshop on “IUCN and Environmental Law” and “Proposal for Management of Secondary Environmental Damages by Natural Disasters.”  Professor David Cassuto and I provided commentary. The Korean Environmental Law Association” (KELA), attending its first Congress, won adoption of a resolution on preparedness for environmental disasters.

Dean Harmon spoke on an “Ecosystem Services” panel which was part of an all-day training on the implementation of rights-based approaches to conservation organized by IUCN’s Environmental Law Centre.

Alumna Elaine Hsiao helped organize events featuring youth participation in IUCN and environmental protection as a member of the Intergenerational Partnership for Sustainability and the Commission on Environment, Economic and Social Policy (CEESP) Youth Leadership Team (YLT). Elaine Hsiao presented the CEESP YLT updates to the CEESP Steering Committee and at its Members’ meeting, and spoke about her research on peace parks and communities at the youth workshop “Strengthening Community Voices Toward a ‘Just World’”.  As part of that workshop, she was a leader in promoting action to protect a native community on Jeju Island from environmental harms proposed by establishing a U.S. naval station that involves endangerment of the community and a coral reef on which the community was dependent for sustenance. She also spoke on social aspects of connectivity conservation in a WCPA/CEL panel on Connectivity Conservation, Law and Beyond.

Elaine also, with Omer Aijazi, conducted expert interviews for a research project on “Prioritizing Community Based Natural Resources Management for Social and Ecological Resilience,” particularly in the context of disasters and conflict.  This research is supported by the Liu Institute for Global Issues and accompanies the motion of the same title.

Commissions

IUCN’s six expert commissions composed of more than 10,000 voluntary experts, each held two days of meetings, and submitted their Mandates for work through 2016 to the WCC for adoption. The WCC elected new chairs for each commission, with Justice Antonio Herman Benjamin of Brazil’s High Court winning election to the renamed “World Commission on Environmental Law,” now WCEL, dedicating himself to building on the fine work of Sheila Abed who chaired the Commission with great ability for the past four years. Justice Benjamin pledged to work closely with the IUCN Academy of Environmental Law, whose next Colloquium will be held in New Zealand in June of 2013. He announced plans to work on inter-commission projects with the Protected Areas, Species, Ecosystems, and other Commissions. He tapped me to continue chairing the WCEL Energy Law and Climate Change Specialist Group, and named Nick Robinson to chair the Arctic Specialist Group, succeeding Wolfgang Burhenne in that position.

Professor Robinson gave a report to the Commission on Environmental Law (CEL) on the international environmental adjudication initiative.  I gave a report to CEL on the year’s activities of its Energy Law and Climate Change Specialty Group that I chair.

South Korea & Jeju Island

South Korea was a splendid host for this conference.  IUCN received a very warm welcome from all South Koreans involved and the public, including President Lee who advised that South Korea was making the centerpiece of the country’s economic development program investment in energy efficiency and renewable energy. Indeed, as we traveled around the country, we saw a good many wind farms and solar photovoltaic panels.  It is an extraordinarily beautiful country, with magnificent mountains and lakes.

Jeju Island is their ecological and recreational gem, much like Hawaii is to the United States.  It is home to a number of UNESCO historic sites, several of which we saw on an ecotour arranged by the Government, including a unique lava tunnel naturally formed when its volcanoes were active and a crater lake atop one of the island’s mountains that we climbed. The Island does have a current environmental problem, however, involving plans to build a naval base in a particularly environmentally sensitive area that will severely affect an indigenous community’s life and livelihood, including destruction of a coral reef spawning a fish population on which the community is heavily dependent. There were daily demonstrations by members and supporters of the community, in which a number of the IUCN delegates participated.  The conference itself narrowly rejected a motion to get involved in this dispute, heeding the Government resistance to have a foreign agency interfere in what it viewed as a local situation, particularly sensitive since the Government was our host.

Respectfully Submitted.

Richard Ottinger

Tags: conservation, environmental law, IUCN, Jeju Island, Pace Law School, South Korea, world conservation congress

M-165-2012-EN  (text of motion)

The World Conservation Congress has approved our motion on the strengthening of the environmental judiciary worldwide.  This is a project Professor Nicholas Robinson has pursued for the past few years with other partners, including the Environmental Law Institute, Justice Antonio Benjamin, and other environmental judges around the world.  We hope this Resolution will strengthen the movement towards an international institute for environmental judiciary to help build capacity on environmental jurisprudence in many nations.

The Pace Environmental Law Review published a special edition entitled “Environmental Courts and Tribunals: Improving Access to Justice and Protection of the Environment Around the World,” vol. 29, iss. 2 (2012) Winter 2012.

More about previous work on this subject:

http://www.iucn.org/about/union/commissions/cel/cel_news/?7307/Pace-Law-School-hosts-International-Symposium-on-Environmental-Courts-and-Tribunals

Nick Robinson receiving IUCN Lifetime Member certificate from His Royal Highness Prince Carl Philip of Sweden.

On Wednesday, Professor Nicholas Robinson received one of the IUCN’s highest honors, Honorary Lifetime Membership status.  The full Pace delegation was on hand, as well as hundreds of IUCN members.  The following is a press release from IUCN:

US citizen Professor Nicholas Robinson’s international environmental career spans five decades. He founded the Environmental Law programmes at Pace University School of Law and has served on the boards of organizations dedicated to environmental law and sustainable development.

He was Deputy Commissioner and General Counsel of the Department of Environmental Conservation of the State of New York, and for nearly 20 years served on US delegations to Environmental Law bilateral negotiations with the USSR (1974-1992).

He has been a member of IUCN’s Commission on Environmental Law (CEL) since 1972 and served as Chair from 1996 to 2004. From 1993 to 1996, he was Chair of the Legal Drafting Group for the IUCN Statutes Review Committee, and led the drafting of the revised IUCN Statutes and Regulations. He founded the IUCN Academy of Environmental Law and served as its Chair from 2004 to 2007. Since 1996, he has been organizing symposia and capacity-building programmes for judges on implementing environmental law.

One of his most outstanding achievements was the successful campaign to secure official Observer status for IUCN at the UN General Assembly, making it the first and only environmental organization to send an Observer delegation to the UN. He dedicated 2 years of near full-time voluntary work to this effort. It has made a unique and invaluable material contribution to the success of IUCN in all regions and globally through the UN system .

http://www.iucnworldconservationcongress.org/member_s_assembly/iucn_awards/honorary_membership_of_iucn/?10348/Nicholas-Robinson

The International Union for the Conservation of Nature is the largest conservation group in the world.  It holds a Congress of its members (governments and NGOs) every four years, and Pace Law’s Center for Environmental Legal Studies, as a voting member, sends a delegation. This year, we’re in Jeju, Republic of Korea, with more than 8,000 other participants. For a marathon nine days (September 6-15), delegates of voting members meet, hold hundreds of workshops and events, hear the business of the Union, and decide on new Resolutions that will guide the IUCN’s policies and activities for the next four years.  Our delegation includes Dean Emeritus Dick Ottinger, Professor Nick Robinson, Professor David Cassuto, Assistant Dean Lin Harmon, SJD student Faisal al-Turki, and star alums So Byungchun and Elaine Hsaio.

The Congress has been in full throttle (day and night) and it’s been difficult to find the time to post blog entries.  From 8:00 in the morning until sometimes far into the night, there are activities, seminars and meetings going on in many different conference and meeting rooms at once throughout the five-floor Jeju International Conference Center and a separate Conservation Campus.  So far in Jeju:  We attended two days of the Commission on Environmental Law meetings, where Dean Emeritus Dick Ottinger, chair of the Climate Change and Energy Specialty Group, gave a report on the SG’s accomplishments from 2008-12, and Professor Nick Robinson spoke on the environmental adjudication initiative.

Along with our colleagues Justice Antonio Benjamin from Brazil, Pace Judicial Scholar Merideth Wright, Environmental Law Institute Jay Pendergrass, and inspiring Filipino environmental attorney Tony Oposa, Nick and I presented a four-hour workshop on “Giving Force to Conservation Laws: Environmental Adjudication.”

Alum Elaine Hsaio, now a Ph.D. student at the University of British Columbia, has attended and spoken at numerous meetings, workshops and contact groups on protected areas and indigenous peoples’ rights.

We spoke individually at other workshops, attended numerous “contact groups” to hammer out motion language acceptable to a number of members, promoted our seven motions and a number of co-sponsored motions, listened to numerous speeches of candidates for numerous IUCN offices, attended daily hours-long Sittings of the Member’s Assembly and voted on motions, including a significant motion about the motions process itself that took 14 hours of negotiation by a number of parties (and we have more Sittings to go), had dinners with workshop speakers and other colleagues, and essentially immersed ourselves in the chaotic glory that is the International Union for the Conservation of Nature – a group of scientists, economists, ethicists, communicators, activists, government officials, lawyers, and law professors all passionately dedicated not only to the cause of nature conservation in a rapidly changing world, but nature-based solutions to the world’s problems – the “nature+” approach.

We’ll provide our insights, and a tally of our motions passed, in subsequent posts.

For all sorts of news from the Congress visit http://www.iucnworldconservationcongress.org/index.cfm.

David Cassuto

The title of this post is also the title of my forthcoming essay in Law, Culture & the Humanities (a special issue on Law & Food).  Get it here.

Here’s the abstract:

Law and food are distinct concepts, though the discipline (Law and Food) implies a relationship worthy of study.  The conjunction (“and”) creates meaning.  However, its absence also conveys meaning.  For example, “meat animal” suggests that animals can be both meat and animal.  This conflation has powerful legal implications.  National Meat Association v. Harris (2012) makes chillingly plain the law’s indifference to whether a meat animal is alive or dead.  This essay examines the way supposedly humane federal practices ignore the systematic brutalization of “food animals” as those animals get Continue Reading »

Tags: animal law, factory farming, humane standards, industrial agriculture, National Meat Association v. Harris, preemption

It’s hard to know exactly what to say about Rio, and perhaps much too early to assess its impact.  While no one seems to be declaring the conference a resounding success, some commentators argue that it was a useful undertaking with good results, especially in the area of partnerships and voluntary efforts.  Others deride it as a waste of time, effort and money — with a huge carbon footprint.  Admittedly, expectations were low going in, so the fact that much of anything got done can seem positive.  But when hundreds of world leaders and movers and shakers in the environmental arena get together it would be nice to have something besides a sometimes impenetrable document and a list of voluntary commitments.

What you think of the outcome may depend on which “Rio” you are talking about, since there seemed to be several.  The formal UN Conference on Sustainable Development at the RioCentro complex was the focus of attention, with thousands of participants accredited and top UN and national figures in attendance.  The plenary pavilion, where heads of state made seemingly endless statements, was restricted for the most part to national delegations and observer missions, but most of the proceedings were broadcast to overflow locations.  A favorite spot to watch became the hangar-like food court with its giant screen.  So those not favored with a D for diplomat designation on their badges could still feel a part of the formal proceedings.

And there were scores, indeed hundreds, of other meetings, workshops and gatherings in the various pavilions around the complex.   From large formal side-events with distinguished rosters of speakers and participants, to hastily pulled-together sessions in small hot rooms, attendance was often substantial and the discourse lively.  For the most part the mood was brisk and people rushed from place to place in businesslike fashion, clutching cellphones and iPads.  On only a few occasions were there signs of protests or demonstrations, mostly small, with more security guards than protesters.

Some people made the long trip from downtown simply to visit Athletes Park, a ten minute walk from the main RioCentro complex, which was open to the public and housed tents and exhibits, mostly of corporations, countries and Brazilian states.  There you could see electric cars and futuristic displays, or attend more briefings.

But there were many other venues, other “Rios.”  The World Meeting of Environmental Lawyers at the Botanical Gardens examined aspects of sustainable development law.  The Legal Frameworks for Sustainable Development colloquium at the  Getulio Vargas Foundation Law School explored innovative concepts for attaining green economy goals.  And at the impressive UNEP World Congress on Justice, Governance and Law for Environmental Sustainability, senior judges, attorneys general and auditors general spent two days far outside of Rio, examining their roles in the implementation of sustainable development laws and programs.  At hotels and conference sites around the city NGOs, business entities and other groups hosted their own events.

And last but by no means least, was the peoples’ gathering in Flamengo Park on the banks of the harbor.  The atmosphere ranged from intense, impassioned discussion to street fair.  Protests against the “elite” who gathered at RioCentro were common, with international environmental NGOs included in the scorn.

Rio was a convocation of alternate realities.

So what was accomplished in all these venues?  Some participants came away happier than others.  The two areas where people seemed most satisfied with the formal proceedings related to oceans and the small island developing states, or SIDS.  Oceans garnered 20 of the 283 paragraphs, a substantial percentage, including most of what ocean advocates wanted.  Especially cheered was a commitment to address protection of marine biodiversity in the high seas, including a promise to consider development of an implementing agreement under the Law of the Sea Convention, although the timetable for “urgent” action stretched to 2014.

The prominence of oceans at Rio was reflected in a meeting, chaired by His Serene Highness Prince Albert of Monaco and attended by Secretary General Ban Ki-moon, to receive a report of the oceans forum.  When the Secretary General commented on the crowding in the cramped room, a wag in the back called out, “You know, you can’t have oceans meetings in small rooms anymore!” to good-natured laughter.  An interesting contrast to the angry human rights protestors in the hall-way shouting “Ban Ki-moon! Ban Ki-moon!”

The SIDS had only three specific paragraphs in the final document, but were pleased to have their goal of holding the increase in global average temperature to 1.5 degrees Celsius given recognition — “1.5 to stay alive.”  One SIDS diplomat said that they were much happier leaving Rio than they had been leaving Durban, and felt they had gained leverage in the climate debate through the process.

Nevertheless, many people left Rio with a rather cynical view of what had happened.  Some very impressive voluntary commitments and partnerships resulted, but will they come to fruition?  Will some of the energy and enthusiasm translate into action and real progress? As I wrote earlier, the byword may be “regardless” — regardless of what the politicians do, citizens, municipalities and businesses may be the ones to bring about real change.  But what can we do to ensure that happens?

In conclusion, it is interesting to note that some who participated in the first Rio Earth Summit recall that even back in 1992 there were mixed reviews of what occurred and criticism of the outcomes.  So perhaps we must wait to judge the extent to which Rio+20 advanced the cause of sustainable development.

Tags: Earth Summit, environmental law, international law, Rio+20, Sustainable Development, united nations

On June 26, the D.C. Circuit issued its opinion in Coalition for Responsible Regulation, Inc. v. EPA, which upheld EPA’s regulations of greenhouse gases (GHGs) as pollutants.  Many insurance companies believe that this ruling will aid them in defending against potential climate change lawsuits – acknowledging GHGs as pollutants strengthens the argument that related claims fall under pollution exclusions in insurance policies.  However in an article on Law360.com, Pace Law alumnus and adjunct professor John G. Nevius cautions that the insurance industry may not be able to dodge climate change claims and lawsuits so easily.  The article is available here.

Tags: climate change, Coalition for Responsible Regulation, D.C. Circuit, environmental law, EPA, GHGs, greenhouse gases, Insurance

The preliminary work of the conference came to a conclusion Tuesday and the UNCSD has begun.  The signs are obvious — traffic is even more snarled, the police presence more pronounced, red bereted soldiers with automatic weapons patrol Copacabana beach, black cars flying national flags snake through the streets ferrying diplomats to their meetings, and the tempo of activity in the various venues increases.  There are conferences, meetings and events all over the city.

Yesterday I spoke at the opening of the Legal Frameworks for Sustainable Development colloquium at the Fundação Getúlio Vargas Law School, for which Pace Law School’s Brazilian American Institute for Environmental Law was one of the co-convenors [a little plug for the home team]. In ruminating on the message to convey to the lawyers and students gathered there, I chose the word “regardless.”  It is being used more and more frequently in the conference rooms and corridors of RioCentro, usually with exasperation at what the speakers view as the timidity of the outcome document.  One representative of Local Authorities, a Major Group in UN speak, declared that regardless of what the politicians do, he and his peers are going forward to make our cities sustainable, to encourage urban agriculture and to cut down greenhouse gas emissions.  The same theme echoed at the business events, with major figures like the president of CocaCola making clear that they were tired of waiting for governments to act.  Although the business sector wants certainty about the rules it must meet, companies are turning their efforts to private sector activities and partnerships.  And certainly many of the more vocal citizen activists have expressed disgust and are taking their arguments to the people.  Private responsibility and activism is the byword, and may be the ultimate message from Rio+20.

Tags: Brazil, Coca-Cola, environmental law, international law, Private Activism, Private Responsibility, Rio+20, Sustainable Development, united nations

Dean Emeritus Richard Ottinger comments on an announcement from the UN Secretary-General’s Sustainable Energy for All initiative, which will be holding a High Level Side Event today:

It is very encouraging to see that countries are making significant new contributions to assist developing countries with renewable energy development.   The environmental community salutes the contributors for making this important commitment, even in this time of global economic hardship.  I hope many other countries, including our own, follow this example.

Here’s the announcement:

New Sustainable Energy for All Commitments Made at Rio+20

18 June 2012: Numerous new commitments to UN Secretary-General Ban Ki-moon’s Sustainable Energy for All (SE4ALL) initiative have been made by governments, private sector and civil society at the UN Conference on Sustainable Development (UNCSD, or Rio+20).

Specifically, these commitments include: a Ghanaian plan to develop a national energy action plan to support capacity development and innovative financing; a pledge by Barbados to increase its renewable energy use to 29% of all energy consumption by 2029; the European Commission’s “Energizing Development” initiative, which will provide over 500 million people with access to sustainable energy services by 2030, and create a Technical Assistance facility; UN Foundation work facilitating civil society collaboration on energy service delivery and electrification via the Energy Access Practitioner Network; as well as GDF Suez, d.Light Design commitments on increasing energy efficiency, renewable energy capacity and providing solar lamps; and rock band Linkin Park’s launch of its “Power the World” campaign.

Charles Holliday, Chairman of the Board of Directors, Bank of America and Co-Chair of the High-level Group on SE4ALL, said “These commitments demonstrate that we can make tremendous progress when all key stakeholders – developed and developing countries, private companies and civil
society groups – work together in common cause for the common good.”

The SE4LL Initiative aims to achieve sustainable energy for all by 2030 through: ensuring universal access to modern energy services, doubling the global rate of improvement in energy efficiency, and doubling the share of renewable energy in the global energy mix.

[See the full SE4ALL Press Release]

Tags: Barbados, Brazil, Charles Holiday, environmental law, Ghana, international law, Linkin Park, Power the World, Rio+20, SE4ALL, Sustainable Development, Sustainable Energy for All, united nations

Dr. Catherine Tinker is a friend and former adjunct professor of Pace Law School.  She directed the first grants for Pace’s Brazil exchange program, and participated in the historic 1992 Earth Summit. She has also taught international environmental law and other environmental courses at a number of law schools in the U.S. as well as Brazil.

I have been working on the aspect of the language affirming the full participation of civil society in the preparatory sessions for Rio + 20, meaning in the policy debates as well as in  implementation and monitoring of compliance with environmental and sustainable development agreements and commitments.  Today (June 20, 2012) in the Plenary, President Dilma Rouseff of Brazil noted that “global civil society was here hand in hand with us” and cited as one of the gains of this conference that there was an “expanded role of civil society in decision-making processes in the UN.”  Rio + 20 is the largest UN conference ever for the involvement of civil society and social movements in active, meaningful ways throughout the process.  The President of the UN General Assembly referred in his remarks to alliances with civil society that were spurred by UNCED in 1992 and now involve the major groups in the social, environmental and economic dimensions of sustainable development.

During the negotiations on the text of the Outcome Document, language that would expand the level of participation of major groups has been contentious and has been bracketed, indicating lack of consensus, at the same time that major groups have been active in every stage of policy formulation and negotiations throughout the preparatory processes in New York and here in Rio. The frustration felt by many here is that there is a regression occurring, weakening the language of commitments made by governments twenty years ago, on this principle of participation as well as other issues, like women’s reproductive rights language from the Beijing Declaration. In the consensus document presented by the Government of Brazil on June 17, 2012, which has not yet been adopted by the governments here in Rio, the language on major groups and civil society participation falls short of the expectations and
demands of these non-state actors. Approximately 1000 signatures have been collected so far on a petition called “The Future We Don’t Want” that is being circulated on-line by a number of major groups here at the conference.

Today in the plenary, when each of the major groups was given the floor for a representative to speak, the NGO major group representative urged that the member states delete any  reference in the opening paragraphs that the outcome document was with the full participation of civil society, since so many do not agree with the contents of the document on this point of participation in policy as it now stands.

A side event on June 20th “Sustainable Development in an Unequal World” featured high-level participants including Mary Robinson, UN Commissioner for Human Rights; Michelle Batchelet, head of UN Women at the UN; Gro Harlem Bruntland, who chaired the 1972 Stockholm conference on the human environment and produced the Brundtland Commission Report; the head of UNICEF and a representative of the OECD. This panel communicated the urgency and inspiration lacking in many of the speeches and meetings and negotiations.  The speaker from the International Trade Union Conference, Sharon Barrow, noted the inequality facing workers compared even to twenty years ago, the need for investment in green infrastructure that would create jobs, and the need for a social protection floor.  She acknowledged there were dialogues with civil society, but still the major groups are not at the heart of the Social Development Goals and the major groups must be involved to rebuild the trust of the citizenry in governments and implementation of commitments.  Mary Robinson, noting that these eminent speakers were all “ïnsiders”, still called for pro-equity proposals and striving for a just society based on equity so all groups feel they belong, calling this a people centered approach which needs to link climate change, human rights and equity, including intergenerational equity. She called on us to mobilize after the Rio conference because it’s not being done here. In 1992, the Earth Summit changed the way of doing things, created conventions, and led various countries to create departments of the environment.  Here the states are merely “ünderscoring”or “reaffirming”. She urged instead a new paradigm of development and political leadership to address inequalities and injustices on a global scale.

Gro Harlem Brundtland critiqued the outcome document at this stage for failed to refer to “planetary boundaries” or tipping points being reached, and the environmental and social costs of unsustainable consumption and production are not reflected.  She called for women and girls to be placed at the center of attention with an end to persistent discrimination, noting that women’s participation in the economy is needed, with equal access to land, markets and credit. She said the single most important step towards sustainable development is the mobilizing and investing in women and youth, as the Global Sustainability Panel concluded. The costs of inaction on sustainable development with irreversible harm to ecosystems and people, are higher than the cost of actions proposed.

Tags: Brazil, civil society, environmental law, international law, Outcome Document, Rio+20, Sustainable Development, The Future We Don't Want, united nations