CLIMATE CHANGE AND PARLIAMENTARIANS
• A compliance regime that outlined consequences for failure to meet emissions targets but deferred to the parties to the Protocol, once it came into force, the decision on whether those consequences would be legally binding;
• Accounting procedures for the flexibility mechanisms;
From Paris governments will again be heading to Marrakesh for COP22. Many of the issues as yet undefined or ambiguous in the Agreement should be clarified at Marrakesh, including Article 6, from where a majority of emission reductions are expected to emanate. Together with these operational modalities should be a compliance and enforcement mechanism to enhance accountability and facilitate meeting of the treaty objectives.
It therefore becomes clear that COP21 Paris was just a beginning, rather than an end, and looked at from that perspective it is possible to view the process with at least a degree of equanimity, if not cautious optimism. The political momentum generated is immense. Outside of the climate change negotiations, other global summits concluded in 2015, supplement the objectives of the Paris Agreement. The Sustainable Development Goals, Financing for Development as well as the Sendai Agreement on Disasters all augment the climate change process. At the G7 Summit in Germany in June 2015, the association of major oil companies made mention of possible global de-carbonisation by 2100. This is a position statement previously unimaginable coming from the industry. All these suggest that it is likely to become a self-reinforcing cycle of increasingly ambitious
policy initiatives and efforts from governments, private sector and other stakeholders. COP21 saw key events held at the French Parliament involving Parliamentarians from around the world. These marked the beginning of different legislative measures to bolster policy measures developed to combat climate change, and new resolutions by the different parliamentary associations. Of particular significance here was a new initiative looking to establish linkages between Parliamentarians and judiciaries. This should strengthen the legal continuum by sensitizing these practitioners on the challenges each face in either developing legislation or interpretation of legislation in respect of climate change, and hopefully engender a seamless flow from law making to the adjudication process. UNEP continues to work with legislators in respect both of the Paris Agreement and other global initiatives. We will be looking to extend this to other partners within the legal milieu, and to identify areas where quick wins can be had, as well as implement jointly where possible. Beyond the global initiatives, there are large areas of commonality between
the climate change treaty and other multilateral environmental agreements, especially with respect to stated targets. In performing their legislative and oversight functions Parliamentarians will harness efficiencies by addressing these in a holistic and cost effective manner. Together with ongoing work with other legal practitioners, including law enforcement agencies, and hopefully bar associations, 2016 should be the year of developing a long term, all encompassing and sustainable programme of activities that involves Parliamentarians from all over the world and covers all aspects of environmental protection and sustainability. Within such an arrangement, we will look to bring on board various other stakeholders, including financing entities, to ensure coherence and coordinated engagement. Of equal importance in the short term would be an in depth analysis and disaggregation of the Paris Agreement in light of the Decisions accompanying the Agreement which related to the first Conference of the Meeting of Parties (CMP). Many decisions request Parties to undertake several specific measures at its first CMP in
Above: The huge press centre at the 21st
session of the UN
Conference on Climate Change COP21 in Paris.
Marrakesh. These include the elaboration of a compliance mechanism and other matters with financial implications. The Reduction of Deforestation and Degradation has been comprehensively addressed and throws up several challenges, and opportunities of a legal nature both at national and regional level with which Parliamentarians may need to familiarize and engage accordingly. This will ensure a seamless shift from signature and/or ratification, and the first Meeting of the Parties of the Paris Agreement.
Again we at UNEP would like to reiterate our commitment to working with legislators and look forward to continuing this partnership.
This article is written by the contributor in a personal capacity and any views expressed in this article are the views of the contributor and are not the official views of the UNEP or any associated agencies.
The Parliamentarian | 2016: Issue One | 35
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