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Saturday 8 November 2014

Quito CMS COP 4 - The Compliance Battle

Friday arrives.

Since the last blog, we have had another meeting of the marine/aquatic working group to try to agree all those key resolutions (staring with cetacean culture and ending with the shark and ray action plan and marine debris.)

Outside the convention centre


Further to the usual morning drive through busy cobbled mountain roads from the main city centre to the shopping mall-come-conference centre and a brisk security check we are back in the main hall.
Bird issues break out in the CoW and these include work plans and the issue of bird poisoning. This is one of the hot topics here. Part of the concern is poisoning by lead shot fired from guns that do not kill the animals outright but leave them suffering and dying sometime later. (We were shown some distressing film yesterday evening of a swan in the last stages of poisoning and the autopsy that followed.) Large numbers of migratory birds are turning up in the UK with lead shot in their bodies. There is a hunting lobby here which seems to be opposed to any ban on lead shot, although alternatives exist. My colleagues tell me the same is true in the USA. This matter is sitting in front of a working group.

There are also concerns about second generation pesticides that may – in particular - be affecting top predators such as birds of prey.  

We move to the illegal trade in migratory birds, then onto the report of the Saker Falcon Task Force.
CITES encourages the workplan. The International Association for Falconry and Conservation of Birds of Prey also encourages this.

We move to the Central Asian Mammal Initiative. This is endorsed after some debate along with an action plan for the Argali sheep.

World migratory bird day flutters in and lands next. This has been going on for some ten years now.
Implementation of the Capacity Building Strategy breaks out – the chair is having problems finding the appropriate secretariat staff to support issues. A document is approved.

After lunch (with a large bird of prey and some falconers in a side event), the great hall reflects on its communication strategies. The lead member of the secretariat is unhappy with his budget and says so. He shows a photo of a small doughty group of people who are working away behind the scenes of the conference tweeting and blogging to draw the attention of the world to what is happening here.
(I should note that elsewhere a big drafting group has been meeting in parallel to the Committee of the Whole looking at implementation issues including, reportedly a spirited discussion on rules of procedure and the involvement of NGOs!)

Back in the great hall the EU has some small amendments (as is its want) on the resolution on communications and outreach but apart from these (whatever they are – no details are provided) the resolution is sent on its way to the closing plenary.

The Analysis of National Reports as compiled by UNEP-WCMC is presented by a lady with a nice English accent.  [All such documents are available on the CMS website for those interested an present a significant amount of work by all concerned.]

The Battle for Compliance

The CMS legal expert – the lofty Professor Chris Wold - then returns to the room and is called to the microphone. He suggests that many feel that the convention is ready to have a process of review of its implementation. There were also other views, he says carefully, and over the last few days he has had various discussions with interested parties. This is a targeted means of providing support, it is not about sanctions. The task is not to create the review process today but to produce the procedures for this. The secretariat did not want to identify that process yet and he adds that there was also criticism that the Secretariat did not provide a justification for this.

Does anyone care? The air conditioning is roaring like a jet engine. Many people have found the wireless is actually working and are desperately updating their status on Facebook (or whatever you young people do on that system).

More pause…. Tumbleweed. Facebook updating. Etc.

Finally the silence is broken by the mighty EU speaking in an Italian accent: The EU still needs full justification for this process. This must be the first step. If this can be provided then a number of issues need to be addressed. What aspect of the convention would this link to? What are the resource implications? Who would raise implementation issues? How would the criteria be applied? What would be a clear case of non-compliance? Would rules of procedure need to be changed?
It seems the EU has many questions and it has been unable to find adequate answers.

Much discussion and shrugging between the Chair and the Wold on the high table at the front of the meeting room follows.

The Chair says that this was never going to lead to a sentence by a court… This is not how I know this system. The list is exactly the things that this working group should look at. The question is do we need to wait three more years or can we start this open analysis. Maybe the bottom line is should we start the analysis or not. I am positive to it at the moment. The EU is not.
Switzerland shares the chairs view. These are ideas to be shared.

The Chair suggests some simplifications to the relevant resolution. He says he sees some nodding to this.

The EU does not like this idea of taking bits out and putting bits in. He thinks before the working group commences we need clear terms of reference.

A long pause follows – up on the top table Melanie, the good Professor and the Chair are locked in discussion. Some NGOs huddle to see if they can come up with something relevant to say.
The Chair announces a variety of changes. Including a new operative about the first meeting which would be immediately after the standing committee.

Can the EU accept?

You are dangling terms of reference in front of us. These should be proposed to the standing committee – so these are issues to be decided there. If the standing committee decides … then we proceed says the EU.

The Chair says so this now seems to be a question of when – who!

Professor Wold on the big screen.

Niki Entrup for various groups – notes that the justification is clear in the preamble of the relevant document (10.9) – improved measures to measure implementation etc. We believe this is exactly what we have in front of us. We refer to many documents that show the need to improve implementation. We believe this is hard for any convention. The decision should be made here and this would be a bad sign to the public and a missed opportunity to drive forward.

Tumbleweed x 10. The arrangements for excursions are beamed up on the screen to provide light relief.

More deletions to the resolution follow as the team at the front try to hold onto something. This new plan says the Chair (further to the deletions and amendments) means that we delay the whole thing for 1.5 years.

The EU says there are inclined to support him but would like to hear the changes again. He reads them. The CMS Sec is being instructed to develop terms of reference to be adopted by the Standing Committee and at its 45th meeting it will review progress if the working group is established.

Switzerland supports. No one else speaks.

The chair thinks he is seeing nodding - perhaps he is not looking at the EU - but this key issue for the future health of the Convention is now moved to the plenary to be concluded. [watch this space]

Boat-based wildlife watching resolution – forwarded to plenary.

Renewable energy resolution – forwarded to plenary.

Cetacean culture – forwarded to plenary.

Live captures of cetaceans….

The representative of the CITES convention raises a point on operative 2. Not clear what he means but in part at least he is highlighting he was not there when the resolution was concluded last night.
Argentina raises a point in the Spanish language version. The Chair rules it can be addressed in the revision and moves it to plenary…. There is some quiet applause and restrained cheering in cetacean corner.

The Chair moves to close the session at 17.32 – he notes that the Secretariat needs all reports and conclusions by 7pm. We break now until Sunday morning when we will reconvene for an hour as Committee of the Whole. Then the plenary will convene. We will seek to finish at 1-2pm. I have asked a few people and had smiles about this. I have not eaten a single dinner… bed at midnight and up at 5am, he says.

The USA is worried about something but they are reassured and the Chair closes the day to applause.

The Convention will not meet tomorrow – Saturday – the Secretariat will be cloistered away making sure all the proposals and resolutions are in final form for adoption at the plenary. Meanwhile some delegates will be touring volcanoes and markets and others will be writing blogs, updating Facebook pages and preparing for what the final few hours will bring. 

Stay tuned - one more set of hurdles to leap.

Finally here for their many fans around the world are Pierre Gallego of Luxembourg and Mark Jones of Born Free. 
Pierre

Mr Jones



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