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Copenhagen Climate Treaty Draft:
A welcome intervention towards a meaningful Copenhagen Summit

Kumar Gautam, Associate Fellow & Ravi Prakash, Intern (Climate Change), Centad

Introduction:
With just six months left for Copenhagen Climate Summit, 2009, serious efforts are being made for its meaningful conclusion .The recent draft on Global Climate Treaty presented on 8th June 2009 by Climate change experts at the ongoing Bonn Talks (June 1- 12, 2009) is a case in point. This draft is a significant move in that direction as it advocates for a legally binding agreement in order to save the planet earth and the humanity .Recognising the potential threats of Climate Change and therefore the urgency to deal with Climate crisis, the draft treaty makes three key suggestions. First, the Kyoto Protocol should be updated to strengthen industrialized country obligations. Second, a new Copenhagen Protocol must be in place that has legally binding commitments for the USA and sets out low carbon pathways for developing countries supported by the industrialized world. The third suggestion emphasises on the need for a set of decisions that lays down the groundwork for the next three years. On the whole, the draft treaty describes the path the world must follow to avoid catastrophic climate change recognizing that global temperature increase must be kept well below 2 degrees Celsius. According to drafters; the treaty envisages a sustainable solution to the Climate Change agenda, addresses social justice issue and help in eradicating poverty. The treaty aims to transform the world into a zero carbon economy by 2050.

The draft Provisions:
It is the first proposal that marries the necessary ambition levels with fairness and equity and suggests feasible solutions for institutional and procedural aspects of the Copenhagen deal, while outlining a comprehensive legal structure. The drafters, Climate change experts, Green NGOs etc; hope that the draft document will serve as the benchmark for governments negotiating a new deal to address Climate Change when they meet in Dec. 2009 at Copenhagen.

Reiterating on the urgent need for actions towards reductions in green house gas emissions, the draft treaty makes stringent provisions and strict compliance with the emission reduction targets for the industrialised countries. It further seeks to secure a substantial contribution from the developed economies to the financial and technological support required to enable developing countries to pursue a low- carbon development path, stop deforestation and adapt to the inevitable impacts of Climate Change. Furthermore, it aims to take a firm commitment from newly industrialised countries (NICs) such as Singapore, South Korea and Saudi Arabia towards a GHGs emission. These countries should reduce their emission by 23% below 1990 levels in the 2013-2017 and by 40% below 1990 levels by 2020. Howsoever, the criteria for designating a country as ‘newly industrialised’ is not clear but the draft treaty indicates GDP at purchasing power parity (PPP) per capita of greater than 20,000 USD as appropriate indicator.

In the view of rising carbon emissions in emerging economies, the draft treaty envisions an incentive to those developing economies which undertake a low – carbon development path and achieve their targets. It makes provision for more financial and technological support to such developing economies to support their efforts. The treaty shows as how, with financial and technological support from the industrialised world, the developing economy can leapfrog dirty technology and grow in a sustainable manner.

Putting the primary onus of carbon reduction on industrialized economies, the draft treaty proposes that each industrialized country should submit a Zero Carbon Action Plan (ZCAP). This Plan must outline the country’s mitigation policies and measures that will ensure that it meets its Quantified Emission Reduction Commitments (QERC) /Quantified Emission Limitation and Reduction Commitments (QELRC) and stays on track to follow the emissions pathway agreed upon in the shared vision (e.g. 2020, 2030 and 2050 goals). The ZCAP should describe as to how a country intends to meet its support obligations. ZCAPs will not only assist in setting a pathway towards a low carbon economy for each country, they will also build trust globally that each country is indeed making adequate institutional and financial investments/arrangements to meet its QERC/QELRC and support obligations.

Salient Features of the Draft Climate Treaty

  1. 1.Proposal of a Global Carbon Budget.*
  2. 1.Envisages a Zero Carbon Action Plans (ZCAP) for Developed economies and Low Carbon Action Plans (LCAP) for Developing countries.
  3. 1.Designs a new institutional framework – the Copenhagen Climate Facility.
  4. 1.Governing body of new institution to have fair regional representation including members from intergovernmental and non-governmental stakeholders.
  5. 1.Seeks a firm commitments and binding targets for Newly Industrialized Countries like Singapore, South Korea.
  6. 1.Demands more financial and technological support from developed economies to ensure a low carbon path development in developing economies.
  7. 1.A tougher financial penalty regime for members which fail to meet their binding obligations.

* A global carbon budget for 2020 is hereby defined as no higher than 36.1 Gt CO2e (11.7 Gt CO2e for industrialized countries’ industrial GHG emissions; 23.5 Gt CO2e for developing countries’ industrial GHG emissions and 1.0 Gt CO2e for emissions from land-use change) and the budget for 2050 shall be no higher than 7.2 Gt CO2e.

Source: Draft Copenhagen Climate Treaty

Conclusions:
The fact that the Copenhagen Climate Treaty has been put together by more than 45 NGO leaders across the world, should bring cheers to them who are of the view that opinion of communities and civil societies should be given high importance in Climate Change discussions, debates and negotiations. The role of communities in Climate Change should not be undermined because eventually communities bear the brunt of Climate Change catastrophes and also communities can bring about the real change through their adaptation and mitigation efforts. Unfortunately, the Climate negotiations often tend to undermine the views of civil societies and communities. As this draft takes due consideration to the views of the civil societies, it clearly offers a welcome proposition. In order to adequately, sufficiently and swiftly reduce anthropogenic GHG emissions, adapt to climate change and achieve the ultimate objective of the Convention, the draft treaty also provides for 160 billion USD per year for the 2013-2017 commitment periods as financial support to developing country Parties for their low carbon development, technology, adaptation and reducing emissions from deforestation. To avoid multiplicity of enforcement institutions, the treaty includes a proposal to have Copenhagen Climate Facility in order to enhance the implementation of the convention in accordance with the Bali Action Plan and its four building blocks. The draft further proposes that executive Committee and Board of new institution will have representation from intergovernmental and non-governmental stakeholders, equitable and balanced geographical representation making it more democratic & fair. However, the merits of the proposal will only be realised after its key features are incorporated in the final official treaty negotiating text. It may be mentioned here that Copenhagen Climate treaty will be presented to the bureaucrats from over 180 countries meeting at the Bonn talks(1-12June,2009).The civil society organisations have a challenging task of building the effective advocacy momentum for the same. As of now, this draft treaty at best could only be termed as ‘work in progress’.

In the existing Climate Change negotiations scenario marred by frustration and no-progress, this Copenhagen Climate Treaty Draft offers a host of fresh doable ideas which have the potential to break the existing deadlock as this treaty proposes institutional and political solutions as well as legal structures that governments may adopt to ink an agreement at the forthcoming Copenhagen summit. This draft treaty lays significant foundation for the probable and possible strategies and actions to counter Climate Change threats in post Kyoto regime (2012). Indeed, the time is ripe for a new level of commitment by the nations of world and unprecedented international co-operation, which is envisioned in this draft treaty.

 
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