5.1 Introduction
Effective participation in, and negotiations at, environmental conferences require that one understands the issues being addressed and the nature of the phases of ne-gotiation. In addition, it is important to understand the role and effect of language in negotiation; and the nature of the processes in negotiations such as adversarial and problem-solving orientations, including strategies, tactics and techniques. In assess-ing the performance of a negotiation process, one can review the characteristics of the processes and outcomes and seek to understand the power of negotiation and the lessons learned for the perceived weak negotiators, and those responding to com-petitive negotiators. Managing competing interests in a give and take manner is important as one gets involved in exchanging views with other delegates in both formal and informal consultations, as well as resolving arguments and listening ac-tively so that the negotiator is ready when there is a need to intervene and possibly change the course of a negotiation.
36 For further information on these documents, visit the treaty reference guide available at <http://untreaty.
un.org/ola-internet/Assistance/Guide.htm> (visited 26 March 2012). Other useful information sources include UNITAR: A Glossary of Terms for UN delegates (2009), available at <http://www.unitar.org/
mdp/training-tools/terms-for-un-delegates> and UNEP, A Glossary of Terms for Negotiators of Multilat-eral Environmental Agreements (2007), available at <http://www.unep.org/pdf/delc/Glossary_final.pdf>
(both visited 26 March 2012).
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Multilateral Environmental Diplomacy and Negotiations
5.2 Preparing and planning for negotiations
Preparation and planning for multilateral environmental negotiations requires one to know his or her role in the negotiations; and the roles that might be played by other negotiators. Furthermore, it includes having objectives and setting goals; creat-ing, accesscreat-ing, analysing and sharing information, engaging in consultation; and choosing a negotiation strategy and defining options. In addition, good preparation also includes itemizing and prioritizing issues, formulating positions based on pri-orities, and choosing the appropriate composition of the delegation. In planning and organizing effectively for negotiation, one can prepare a checklist and delegate brief articulating the issues to be deliberated on and a possible position.
In current multilateral environmental negotiations processes, regional group meet-ings are normally convened before the session to articulate their positions as soon as the documents of the meeting are posted on the website. These pre-consultation processes provide a forum for preparation of a common position on areas of interest for a regional group, but also for preparation of the negotiators to understand and consult with national stakeholders on the issues before the meeting is convened.
In preparing and planning for negotiations, it is important for government delegates to have inter-ministerial coordination or a national stakeholder consultation where approaches and mechanisms can be determined and managed. The need for and benefits of inter-ministerial coordination is in having a clear perspective of the gov-ernment position, taking into account the role of other ministries and other relevant stakeholders such as non-governmental organizations, industry, etc in the area that is being negotiated.
There may be coordination challenges, either vertical or horizontal, that need to be managed when handling issues which cut across the work and mandate of different government departments. Institutional, legislative and administrative conflicts may also need to be addressed where they arise. Issues relating to MEA focal points consulta-tions, the role of the environment ministry versus other ministries in managing aspects of the environment may arise when dealing with environmental issues. For example, with regard to an issue such as biosafety, the MEA focal point of the CBD at the na-tional level, who follows up on MEA meetings, is normally based in the ministry re-sponsible for the environment, while biosafety experts may be based in the ministry of agriculture. Consequently, the issue may arise as to who will take the lead in biosafety related meetings. In the same way, there may be issues raised regarding policy-making versus implementing agencies: which department/ministry should be assigned the lead agency role with regard to a particular environmental issue. Furthermore, questions regarding defining the negotiation mandate and identification of the relevant tasks and deadlines may also need to be addressed. Consultation and coordination with minis-tries and embassies abroad, and with other interested parties such as national regula-tory authorities and related national institution in the field, are important.
13 Sylvia Bankobeza 5.3 General challenges and hindrances to negotiations
5.3.1 Delegation-specific challenges
Insufficient or deficient expertise regarding the substance, process, and institutional dimensions of the issue under negotiation is the main challenge for effective MEA negotiations. Other delegation-specific challenges can include last-minute decisions on the composition of delegations resulting to inadequate time for preparation and national consultation; unclear negotiating instructions from national capitals; and lack of political support therein. Undue influence by other government delegations and specific national interest groups sometimes introduces additional challenges for negotiators.
Most developing countries receive support to attend major multilateral environmen-tal negotiation meetings and can only afford to send one representative who cannot divide himself/herself during complex negotiations which are organized in parallel sessions and various breakaway groups. When these small delegations are given an opportunity to preside over a session or to stir a group or serve as a chair of a meeting, for example, they end up losing the opportunity of participating as representatives of their countries.
5.3.2 Procedure-specific challenges
Inability to reach agreement on important rules of procedure, or having long debates regarding procedure which overwhelm the substantive negotiations, are the main challenges relating to procedures in multilateral environmental negotiations. A ne-gotiator can also be challenged by his/her inability or lack of understanding on how to use the rules of procedure in tactical ways in the course of representing his/her country in a meeting.
Most negotiators are technical experts in the field who may understand the substan-tive issues being discussed and articulate their interventions skilfully, but some do not take interest in understanding the rules of procedure. The lack of understanding of the rules of procedure can hinder even an experienced negotiator in the process of negotiations when whatever point he/she wants to put across can be rejected because it was not presented properly according to the rules of procedure. It is, therefore, important for negotiators to take time to read the rules of procedure, if they are not aware of them, and to contact the secretariat or visit the website to access the rules of procedure online. An example is when a negotiator attempts to make an interven-tion on an agenda item which has already been decided according to the rules of procedure, he/she may not be permitted to go on and re-open the discussion of the agenda item in that case.
5.3.3 Challenges specific to the negotiations bloc
There are various types of negotiation blocs: some are large while others are small. A good example of a large negotiations bloc is the G77 and China with more than one
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Multilateral Environmental Diplomacy and Negotiations
hundred countries being represented during consultations in multilateral environ-mental negotiations.
Negotiation blocs that are too large to ensure meaningful and coherent group posi-tions are the main challenge in this category. These large groups have sub-groups within them who in some issues have differing interests and are in various levels of development that can pose a challenge when trying to filter in the positions/views of each country and group in the position that is to be presented for the negotiation bloc. Other challenges include a polarized negotiating climate within a bloc and between blocs, which can hinder progress in building consensus at the plenary. Un-due influence of certain actors who dominate the discussion at the expense of other negotiators is another challenge. A bloc decision-making machinery that is inefficient also poses challenges specific to a negotiations bloc.
5.3.4 Problems inherent in the plenary/contact process
In the plenary or contact group process, when options are not well articulated to assist in brokering compromise and facilitating bargaining in the tough phases, they become the main challenge. Other problems include excessively exercising political influence or leverage by certain parties in the course of negotiations instead of focus-ing on the resolvfocus-ing of pendfocus-ing issues. Other challenges are lack of a sense of ur-gency and deadlines as well as a lack of political will to settle the tough issues in the eleventh hour; and psychological barriers to final settlement which can all be an hindrance to progress in multilateral environmental negotiations.
Subject to the mandate of the intergovernmental body within the United Nations and its rules of procedure, the support to the president/chairperson in plenary or in a contact group could entail providing continuous guidance and advice to the chair-person and the bureau concerning:
• the organization of work;
• the status of negotiations;
• the conducting of business, including interpretation of the rules of procedure;
and
• taking note of all aspects in sessions and being able to provide guidance when/
where necessary.
Where the Secretariat does not provide adequate guidance and support, the work of the plenary or contact group may not be accomplished on time.
5.5.5 Problems with the Secretariat
Secretariats are expected to service the meeting and support the negotiations, ensur-ing that the necessary and relevant documentation is prepared for the meetensur-ings/
sessions in line with the decisions of the inter-governmental body for discussion and decisions by the body. The Secretariat is also expected to provide guidance on the
15 Sylvia Bankobeza format, content and political sensitivities of the documents as well as to monitor their timeliness and ensure their availability and accessibility. The main challenge relating to the Secretariat in multilateral environmental negotiations is their lacking support.
The main role of the Secretariat is to prepare and provide proper guidance without having inappropriate political influence of imposing their views on the deliberations or outcome of the meeting. Other relevant problems include inadequate guidance for member states regarding the rules of procedure and practices that govern inter-governmental negotiations. The key role of the Secretariat in supporting multilat-eral environmental negotiations processes is making adequate preparation and pro-viding proper guidance in meetings. This includes the preparation of proper briefing notes and speaking notes (scripts) for the chair/president; and, where possible, pro-viding an opportunity in advance of the meeting for full consultations in which the Secretariat can warn the chair or president of matters to watch out for, which may not be reflected in any formal document, and provide a background to any particu-lar negotiation. The briefing notes or the script for the chair/presiding officer may summarize some background information, main issues, potential areas of concern, key players and desired outcomes (from the Secretariat’s perspective). When the Secretariat does not play its role appropriately in preparing the ground work for negotiations and monitoring the process, this becomes a significant reason why some conferences fail.