1 international environmental agreements (2011 – 2012) annual report to parliament 11

1

INTERNATIONAL ENVIRONMENTAL AGREEMENTS (2011 – 2012)

ANNUAL REPORT TO PARLIAMENT

11

INTRODUCTION

In accordance with Act No. 107, 1998, Chapter 6 on International Obligations and Agreements, paragraph 26(1) the Minister must report to Parliament once a year regarding international environmental instruments for which she is responsible for.

Report was finalized and tabled in Parliament on 19 April 2012.

2

OVERVIEW OF 2011 - 2012

OCEANS AND COASTS

XXXIV Antarctic Treaty Consultative Meeting

23rd AGM Of the Council of Managers of National Antarctic Programs

34th Meeting of the Scientific group under the London Convention

and 5th Meeting under the London Protocol

63rd Meeting of the International Whaling Commission

30th Meeting of the Convention on the Conservation of the

Antarctica Marine Living Resources (CCAMLR)

3


BIODIVERSITY AND CONSERVATION

Signing of the Nagoya Protocol under United Nations Convention on

Biological Diversity (UNCBD)

Signing of the MoU on the Conservation of Migratory Sharks under the

Convention on Migratory Species of Wild Animals.

Signing of the MOU on promotion of South-South and Triangular

Cooperation under United Nations Convention on Biological Diversity

(UNCBD)

10th Session of COP to the United Nations Convention to Combat

Desertification (UNCCD COP 10)

10th Session of the COP of the Convention on the Conservation of

Migratory Species

4

OVERVIEW OF 2011 - 2012CLIMATE CHANGE

17th Session of the United Nations Framework Convention on

Climate Change (UNFCCC COP 17)

CHEMICALS AND WASTE

5th Meeting of the Stockholm Convention on Persistent Organic

Pollutants (POPs)

5th Meeting of the Rotterdam Convention on Prior Informed Consent

(PIC)

10th Meeting of the Basel Convention on the Control of Trans-

boundary Movements of Hazardous Wastes and their Disposal

9th Meeting of the Vienna Convention and the Montreal Protocol for

the Protection of the Ozone Layer

5


SUSTAINABLE DEVELOPMENT AND TRADE

19th Session of the Commission on Sustainable Development

(CSD 19)

INTERNATIONAL GOVERNANCE

Special Session of the Governing Council of UNEP and Global

Ministerial Environment Forum

AFRICA AND SADC

Southern African Development Community Senior officials

Meeting, Council of Ministers Meeting and Summit

The 18th Ordinary Session of the Summit of the African Union

(AU)

6

BRANCH : OCEANS & COASTS

7

MULTILATERAL AGREEMENT:

XXXIV Antarctic Treaty Consultative Meeting

STRATEGIC IMPORTANCE:

The Antarctic Treaty deals with matters relating to the governance and protection of the Antarctic continent. South Africa is an original signatory to the Antarctic Treaty

KEY OUTCOMES:

Steps towards entry into force of the Annex VI to the Protocol on Environmental Protection to the Antarctic Treaty: Liability Arising from Environmental Emergencies Annex was accepted.

ACTION REQUIRED:

A legal processes should be in place to ratify the Annex.

The development of a National Policy on Antarctic tourism

Develop as a matter of urgency a position on bio prospecting


23rd AGM of the Council of Managers of National Antarctic Programs


Opportunity for national programme and logistics managers to share knowledge and experience to facilitate the Antarctic Treaty principles of international co-operation.

KEY OUTCOMES:

The Accidents, Incidents and Near-Miss Reporting (AINMR) system

ACTION REQUIRED:

The ageing vehicle fleet has to be replaced as a matter of urgency

SAMSA and the port of Cape Town to ascertain Cape Town’s oil spill combating capability and capacity.

8



34th Meeting of the Scientific Group under the London Convention and 5th Meeting under the London Protocol


Global conventions to protect the marine environment from human activities including marine pollution prevention

ACTION REQUIRED:

Complete the mandatory annual report for 2011 and submit it.

Monitor progress with the development of ‘low-tech’ guidance for assessing dredged material (WODA).

9


Continue: 34th Meeting of the Scientific Group under the London Convention and 5th Meeting under the London

Protocol

Review and provide input into the development of specific waste assessment action levels and action lists for the disposal of fish waste and implement the revised generic waste assessment guidelines.

Monitor progress with implications of the amendments to allow trans-boundary movement of CO2 streams. Monitor progress made in the development of a new reporting format for dumping reports and database development for dumping reports.

10

BRANCH : OCEANS & COASTSMULTILATERAL AGREEMENT:

63rd Meeting of the International Whaling Commission


Central international legal arrangement for the protection of whales

KEY OUTCOMES:

All companies implement appropriate monitoring and mitigation plans.

Resolution on improving the effectiveness of operations within the IWC that also incorporated some changes to its Rules of Procedure and Financial Regulations.

Resolution that condemns any demonstration at sea that are a risk to human life and property and that this is not the way to pursue the resolution of different views regarding whales and whaling.

Recognition of the importance of the International Maritime Organisation with respect to safety at sea; Encouraged all governments to fulfil their obligations under IMO and UNCLOS. The election of a Chair and Vice-Chair of the Commission will be undertaken by postal ballot.

11

MULTILATERAL AGREEMENT: 30th Meeting of the Convention on the Conservation of the Antarctica Marine

Living Resources (CCAMLR)


To highlight issues on the threat, protection and conservation of biodiversity, as well as “resource use”, ecosystem approach to fisheries and all issues related to fisheries stock assessment.

KEY OUTCOMES:

Establishment of eastern Antarctic planning domain on a possible project on bio-regionalisation of the Del Cano rise region and a possible spatial assessment for the implementation of a representative set of MPAs between Prince Edward Island and that of Crozet.

General Conservation Measure as a framework for establishment of CCAMLR MPA.

ACTION REQUIRED:

Development of a capacity development funding application to GEF 12


MULTILATERAL AGREEMENT: Signing of the Nagoya Protocol under United Nations Convention on Biological

Diversity (UNCBD)


South Africa is a Party to the CBD under which the Protocol was developed and adopted and ratifying the Nagoya Protocol will further enhance the implementation of the Convention objectives which are:

Conservation

Sustainable use

Access and benefit sharing

South Africa already have the BABS regulation on Bioprospecting Access and benefit sharing and the Nagoya Protocol will enhance the implementation thereof

KEY OUTCOMES:

Next step is the ratification of the protocol

Further implementation of the BABS regulations

ACTION REQUIRED: Fast tracking the process of ratification by all role players 13

BRANCH : BIODIVERSITY & CONSERVATION

MULTILATERAL AGREEMENT: Signing of the MoU on the Conservation of Migratory Sharks under the

Convention on Migratory Species of Wild Animals.


It will further enhance the conservation of migratory sharks and thereby improve the conservation of Migratory sharks

South Africa is a Party to the CMS and has a mandate to implement the Convention activities of which conservation of migratory species is the main mandate.

KEY OUTCOMES:

MoU signed

RSA participated in the development of the International plan of Action and has initiated the national plan of action

ACTION REQUIRED:

Finalisation of the national plan of action for the conservation of migratory sharks

Allocation of resources to implement the MoU 14


MULTILATERAL AGREEMENT: Signing of the MOU on promotion of South-South and Triangular Cooperation under

United Nations Convention on Biological Diversity (UNCBD)


To enhance cooperation with other developing countries

Sharing of experiences, success stories and best practices in the context of biodiversity and development

KEY OUTCOMES:

MoU signed but the registration of the MoU cannot be effected yet since the capacity of the Secretariat of the Convention on Biological Diversity (SCBD) to conclude treaties in the international plane is not clear

ACTION REQUIRED:

Following up with the SCBD by the UN Secretariat

DEA has legal opinion on this issue and will supply UN and the SCBD

15


16


MULTILATERAL AGREEMENT: 10th Session of COP to the United Nation Convention to Combat Desertification

(UNCCD COP 10)


RSA is a Party to the UNCCD and has areas affected by Desertification Land Degradation and Drought (DLDD)

KEY OUTCOMES:

RSA has a National Action Programme (NAP) that is being implemented by a number of implementing partners to combat DLDD

ACTION REQUIRED:

Review of the NAP

Allocation of resources to implement the Convention

Considering hosting of the forthcoming CRIC meeting


10th Session of the COP of the Convention on the Conservation of Migratory

Species


RSA is a Party to CMS

Is a range state to many migratory species that are rapidly declining

KEY OUTCOMES:

Adoption of the interim strat plan (2012-2014)

Outcomes of the Future Shape process

ACTION REQUIRED:

Participation in the Strat plan 2015-2022 working Group

Allocation of resources to implement the Convention

Considering hosting the Scientific Council meeting for the Africa Region late in 201317


18

BRANCH : CLIMATE CHANGEMULTILATERAL AGREEMENT: 17th Session of the United Nations Framework Convention on Climate Change (UNFCCC COP

17)


Securing legal multilateral rules & commitments through a 2nd commitment period under Kyoto

AWG-LCA decision which operationalized Cancun institutions, including a process on sources of finance, the African priority for comprehensive adaptation under a new Adaptation Committee, Technology and REDD+ mechanisms, Forum on Response Measures, modalities & guidelines for the transparency for both developed & developing countries

Operationalization of the Green Climate Fund

Negotiation of a new legal regime applicable to all Parties by 2015, to come into effect by 2020 under an AWG on a Durban Platform for Enhanced Action.

KEY OUTCOMES:

COP17 adopted 19 COP & 17 CMP decisions. Although these cover a wide range of topics the final high level Durban Package unlocked an outcome that strengthened the multilateral system by significantly advancing the global effort needed now and also sets a new path for the development of a fair, inclusive, ambitious and legal future multi-lateral, rules-based climate system.


5th Meeting of the Stockholm Convention on Persistent Organic Pollutants (POPs)


South Africa uses DDT for malaria control, and has the largest import and export chemicals industry in Africa; banning of chemicals has implications for the fresh produce industry.

KEY OUTCOMES:

The Africa Institute (AI) hosted by SA was endorsed as the Stockholm Convention Regional Centre for capacity building and facilitating financial resources for English-Speaking African countries.

Endosulfan (an insecticide), Hexabromocyclododecane (a flame retardant) and Short-chained chlorinated paraffins (flame retardants and plasticizers) were banned.

SA successfully opposed the phasing out of DDT in the absence of suitable and affordable alternatives.

ACTION REQUIRED:

To invest in and support financially the development of DDT alternatives.

19

BRANCH : CHEMICALS AND WASTE


5th Meeting of the Rotterdam Convention on Prior Informed Consent (PIC)


South Africa was President of this COP, and has the largest import and export chemicals industry in Africa; listing of chemicals in Annex III of the Convention has implications for the fresh produce industry;

KEY OUTCOMES:

Chrysotile Asbestos (consideration of decision to enlist asbestos deferred to COP6, due to Canada’s last minute refusal to accept the text)

Endosulfan (an insecticide), Hexabromocyclododecane (a flame retardant), Short-chained chlorinated paraffins (flame retardants and plasticizers) were listed in Annex III.

Most successful Rotterdam COP thus far.

ACTION REQUIRED:

Take note of the outcome; industry is prepared for listed chemicals.

20


21

BRANCH : CHEMICALS AND WASTEMULTILATERAL AGREEMENT:

10th Meeting of the Basel Convention on the Control of Trans-boundary Movements of

Hazardous Wastes and their Disposal


South Africa hosts the Basel Convention Regional Centre, the Africa Institute, and accepts hazardous wastes from most African countries for safe disposal.

KEY OUTCOMES:

Regional Centres encouraged to be more accountable, to have good governance systems in place, to open independent bank accounts, and the finances should be audited at the end of each financial year. Governing body should be established.

Technical guidelines on mercury, cement kilns, waste tyres, POPs wastes adopted.

Ship dismantling should adhere to ILO labour standards.

ACTION REQUIRED:

Request South African Ports Authority and the South African Marine Safety Association to monitor ship dismantling in SA.

22


9th Meeting of the Vienna Convention and the Montreal Protocol for the Protection of the

Ozone Layer


South Africa has the largest refrigerant and coolants industry in Africa that uses Ozone Depleting substances (ODSs).

KEY OUTCOMES:

The replenishment amount approved should be adequate to enable developing countries to meet their obligations under the Protocol. These include funding for non-HCFC activities, for existing and new HCFC phase out management plans, for the closure of HCFC production facilities, for the Compliance Assistance Programme, and institutional strengthening.

The proposed amendment of the Protocol by other countries was successfully rejected; SA insisted as a matter of principle it is only ODS chemicals that fall under the Protocol lest precedence is created. Other options should be also considered before amendment.

ACTION REQUIRED:

Must enforce the building industry not to fit new buildings with air conditioners with ODSs as required by SANS 10147.


23

BRANCH : ENVIRONMENTAL ADVISORY SERVICES


19th Session of the Commission on Sustainable Development (CSD 19 )


SA pursued a policy position aimed at expeditious implementation of sustainable development on the thematic areas under review, transport, chemicals, sustainable consumption and production, waste management and mining. importance to SA

KEY OUTCOMES:

Global Ten Year Framework of Program for Sustainable Consumption and Production was agreed upon in the working group. Although, CSD19 did not adopt any decision

ACTION REQUIRED:

SA should ensure the development of a national framework on SCP & the adoption of global framework at Rio+20

24


MULTILATERAL AGREEMENT: Special Session of the Governing Council of UNEP and Global Ministerial Environment

Forum


UNEP Governing Council/Ministerial Environment Forum (GC/GMF) is die United Nations high-level environment policy forum

KEY OUTCOMES:

Ministerial discussion in preparation for Rio+20 on Environmental change and Global responses – Green Economy in the Context of Sustainable Development and Poverty Eradication and Work by die UNEP on Sustainable Consumption and Production

Reaffirm the importance of sustainable consumption and production to the mandate of the United Nations Environment Program and active efforts to promote SCP at all levels

ACTION REQUIRED:

Continue engaging in the debates with a view to influencing the UNEP work programs and policies and mainstreaming environment into broader UN priorities.

25


MULTILATERAL AGREEMENT: Southern African Development Community Senior officials

Meeting, Council of Ministers Meeting and Summit


Engagements with SADC of strategic importance to SA’s international relations

Garnering SADC’s support on Climate Change issues particularly outcomes of UNFCCC COP 16 and SA’s hosting of UNFCCC COP 17 of key importance to SA

KEY OUTCOMES:

Support for SA’s hosting of the 17th COP of the UNFCCC and 7th Meeting of the Parties (CMP 7) to the Kyoto Protocol by SADC Heads of State

Continue: SADC Senior officials meeting, Council of Ministers meeting and Summit

SADC Strategy for COP17/CMP7 adopted

SADC Regional Program on Reduced Emissions from Deforestation and Forest Degradation (REDD+) approved

Actions required

To note that key environment and climate change issues relevant for SADC being considered and decisions being adopted which have implications for South Africa in terms of implementation

26

27



The 18h Ordinary Session of the Summit of the African Union (AU),

Ethiopia


African Union Summit key forum for Ministers and Heads of State of Africa to adopt decisions on key issues

South Africa as President of COP17 playing a key role in the African Climate Change processes on the Continent and as member of African Heads of State and Government on Climate Change (CAHOSCC)

SA is playing a key role in Africa’s preparations for Rio+20 Conference in June 2012

Continue: The 18h Ordinary Session of the Summit of the African Union (AU), Ethiopia

KEY OUTCOMES:

Report of the African Ministerial Conference on the Environment (AMCEN) Special Session Climate Change adopted by the Executive Council

Report of Africa’s preparations and participation in the UNFCCC COP17/CMP7 adopted by the Assembly

Report on Africa’s preparations for Rio+20 Conference adopted by the Assembly and Republic of Congo appointed to coordinate Africa’s preparations for Rio+20

ACTION REQUIRED:

To note that key environment and climate change issues relevant for Africa being considered and decisions being adopted which have implications for South Africa in terms of implementation.

28

THANK YOU

29

1 international environmental agreements (2011 – 2012) annual report to parliament 11

Documents

th meeting

rd meeting

th session of cop

london convention

united nations convention

stockholm convention

rotterdam convention

basel convention