International Environmental Law Project (IELP) Goes to CITES

NOVEMBER 5, 2002

Santiago, Chile

Day two began with a Plenary meeting where it was noted that 55 countries had not yet registered their credentials. Credentials consist of documentation from the delegate's government authorizing the delegate to vote. This points to one of the difficulties in working with 160 countries from the developing and developed world. Many countries can only afford to send delegations of one or two people with minimal preparation for the conference. This is compensated by the hard work of non-governmental organizations that seek to educate delegates on the issues, but even this fails if the delegate has not completed the preliminary work of submitting credentials.

The Plenary further proceeded to submit reports from Dialogue Meetings (side meetings used to resolve complicated issues prior to debate on the floor). The primary discussion centered on the status of proposals to resume commercial trade in ivory from the African Elephant. Botswana, Namibia, South Africa and Zimbabwe reached a compromise position that would allow them to sell legally obtained ivory stocks to finance conservation programs and benefit local communities, under supervision by the Secretariat. This was countered by Kenya which pointed out problems with the lack of sufficient law enforcement to control the illegal ivory trade in Africa and Asia and the implications of opening up legal ivory trade in creating more demand in illegal trade. Kenya, quite persuasively, asserted that it had the most effective law enforcement controls in place among the range states and even these controls were not efficient. The parties further clarified that the result of the Dialogue Meetings did not open up the ivory trade as had been reported in several countries and set the table for the contentious debates to come in the Committee Meetings.

The Plenary then retired and the Committees met. Committee I makes decisions on species proposals. CITES lists species in three appendices. Appendix I species are not allowed to be traded for commercial purposes. Appendix II species may be traded if the exporting country certifies that the trade will not be detrimental to the survival of the species. Committee II makes decisions on the Draft Resolutions that effectively constitute the law of the treaty.

Decisions to note from Committee I include the endorsement of a proposal to increase Tanzania´s quotas for the trade of leopard hunting trophies and skins. This proposal highlights the ability of CITES in managing trade in wild species to the benefit of developing countries while assuring the existence of the species being traded. The United States had a rough time in Committee I as it was not allowed to defer discussion of the status of sea cucumbers until after an expert from Ecuador arrived, thereby forcing the debate prematurely. The U.S. then requested an information sharing dialogue which was opposed by Japan and others thus providing a prelude to the contentious debates to come regarding any proposal or resolution dealing with marine species, especially Japan's proposals to downlist minke and bryde's whales.

Committee II was highlighted by many politely packaged but sharply aimed jabs at the Secretariat. The Secretariat proposed altering the name of the convention to better account for its scope. This was met with cold response and subtle questions as to why the Secretariat was using its time on the issue. The Committee then addressed a resolution to consolidate the Animals Committee and the Plants Committee into one Scientific Committee. During the debate concerning the effectiveness of such a resolution and the cost effectiveness of the consolidation the Chair of the Committee called for a vote, but did not clarify if it was official. This was followed by the animated delegate from Antigua-Barbuda requesting adherence to democratic principles and an official vote. The vote was granted and the resolution defeated, but Antigua-Barbuda challenged the credentials of some of the parties that voted, made accusations of voter fraud, and requested a roll call vote which defeated the resolution by a larger margin and finished the day for the Committees.

IELP then attended a debriefing by the United States which gave some feedback on the day and predictions for the following day.

Later the Chilean government hosted a welcoming reception to treat the delegates and NGOs to some Chilean hospitality. Dinner consisted of a choice of eight restaurants serving gourmet food and fine wine, and an open bar. The evening continued with a presentation of traditional Chilean dance by the National Ballet then finished with some live popular music and some not so traditional dance from the festive members of the international community.

Submitted by Rick Till

Links

CITES Secretariat
Twelfth meeting of the Conference of the Parties (COP12)