Months and even years can pass between the signing of a convention and its passing into law. Fortunately, the Rio conventions on Biodiversity and Climate Change have, or are about to, come into force. But what is ratification and why is it such a lengthy process? Using the Framework Convention on Climate Change as an example, Seth Osafo, Programme Officer in Environmental Law and Institutions at UNEP, describes the process and explains the difficulties faced by many countries in processing these pieces of international legislation.

Compared to earlier environmental treaties, the pace of ratification has been rapid. But for many governments, ratifying the treaty will be a long and difficult process. Those that have not ratified will not be able to participate fully in the first session of the Conference of the Parties in early 1995 and the fewer ratifiers there are at this session, the less effective the early phase of implementing the convention will be.

One person delegations

Ratifying can be particularly difficult for developing countries. This is partly because they have problems more pressing than global warming, such as debt. poverty, social strife and natural disasters. But another reason is the ratification process itself. This tends to be cumbersome, complex and slow.

Due to financial constraints, most developing countries have been represented by a single delegate during the entire Convention process. The dynamism and persistence of this sole representative is critical to getting the ratification process underway. Unless he or she takes the initiative in spurring the government to act, nothing will happen.

Furthermore, most of these lone representatives are from the Meteorological Service, the Ministry of Foreign Affairs (often the permanent missions in New York and Geneva), or the Ministry or Department of Environment. Yet they have to persuade other ministries, including powerful economic and financial departments, of the importance of climate change and the need for a coordinated national response.

A representative returning home from a negotiating session must start by reporting to the relevant government authorities on the session's outcome. S/he must convince the responsible minister that the country stands to benefit by becoming a party to the Convention. The minister must also be convinced that becoming a party will not impose serious financial obligations on the country. With the growing number of treaties to which states are subscribing, the financial burden is increasing for many small countries. Ratification can often depend on this crucial factor.

To convince ministers and officials, the representative must draft memoranda and attend meetings to explain the Convention's key provisions. Meanwhile, other responsibilities besides processing the Convention must be attended to. In the worst case the officer responsible for piloting the convention through the ratification process may be transferred to another department or ministry or even, for one reason or another, removed altogether.

Once convinced, the minister may need to persuade fellow cabinet members of the benefits of ratifying the Convention. In the case of the Climate Change Convention, these benefits could include technology transfers, information exchange, capacity building and access to funding. The cabinet in turn might decide to refer the Convention to an office responsible for examining all international legal instruments and evaluating their provisions and their legal implications for the country. (In some countries the legal department's opinion may be requested before the decision goes to the cabinet.)

Diligence Needed

Under a parliamentary system of government, the cabinet's approval must be followed by the government's. Much will depend on the parliament's legislative programme and on whether climate change-related issues are accorded a high priority. Then the Head of State must give assent and the final documentation must be prepared and submitted to the depository at UN headquarters in New York. Other forms of government may have a different process.

This whole process can take months or even years, depending on the diligence of government officials, the efficiency of the governmental machinery, and the nature of the legislative agenda.

But countless efforts are underway to assist the process, inspired by the conviction that the early and widespread ratification of the Convention is important. Given their limited resources however, many developing countries will need further support for their efforts to ratify and, later, to implement the convention.

Contact: IUCC, UNEP, CP 356, 1219 Ch telaine, Geneva, Switzerland; fax: (41 22) 797 3464.

The Network #34 & Global Forum '94 en.unced.news 10:51 am Jan 31, 1994

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