Negotiations on international chemicals management inch forward, and set the stage for a key conference in 2012

Belgrade, November 2011

Over 140 participants from governments, UN agencies, and NGO representatives of business and the public interest reached general agreement on the agenda for a pivotal global meeting next year on chemicals. The Strategic Approach to International Chemicals Management (SAICM) is a non-binding international agreement to protect human health and the environment. But progress is threatened by the lack of a mechanism to provide promised financial and technical resources to help achieve sound chemicals management by 2020, a goal that was agreed at the 10th anniversary of the Rio Declaration. Last week, after days of wrangling, a small group outlined a broad mix of possible resources and where progress to a solution might be made in 2012.

The rules of the SAICM process allow for wide participation by all nations, UN agencies like WHO and UNEP, the World Bank and other financial institutions, representatives of the business community, public interest groups and others. Unfortunately, SAICM’s consensus-based rules (by default due to unresolved rules on decision-making) allow virtually any participant to block any proposal. Such was the case on several important issues at the first “Open-Ended Working Group” (OEWG), the sole preparatory session for the third session of International Conference on Chemicals Management (ICCM3) in Nairobi, Kenya from Sept. 17-21, 2012. CIEL works closely with other civil society organizations in IPEN, a network of over 700 organizations who advocate for a toxics-free future.

Since 2009, CIEL has taken a leading role in advocating for continued action on nanomaterials and nanotechnologies (“nano”) under SAICM.  CIEL supported a Swiss proposal for adding the issue to SAICM’s Global Plan of Action, a roster of policy ideas and actions to help achieve the sound management of chemicals. Discussion on the Swiss proposal was very limited due to time constraints, and serious objections raised by industry and some developed countries. The group took stock of agreements and points of disagreements (which include the development of labeling schemes or extended producer responsibility) and agreed to further work in preparation for a discussion at ICCM3 next year. Furthermore, the OEWG put forward a resolution calling for further work including enhanced information collection and sharing, and the preparation of technical and regulatory guidance.

CIEL also supported a modest proposal by UNEP and WHO to highlight Endocrine Disrupting Chemicals (EDCs) as a new “emerging policy issue” under SAICM. Despite overwhelming support from meeting participants for greater attention to the issue, the group did not clearly recommend adding EDCs as a new emerging issue. Nonetheless, it was recommended that EDCs be on the agenda at ICCM3, to discuss long-overdue action under SAICM. Progress on EDCs at ICCM3 will require concerted efforts to broaden and strengthen support.

The SAICM process could provide a valuable forum for coordinating action on issues that cut across the existing trio of treaties on chemicals and waste. At OEWG, an informal group helped sidestep deadlock by acknowledging the need for a diverse portfolio of public and private resources. Long-term financing may requires a mix of options to close the large gap between needs and resources available.  Options include effective “mainstreaming” of chemicals management into existing development assistance efforts and implementation of the polluter pays principle. Creative public-private partnerships, with appropriate safeguards, might also help unlock resources.  Also, the upcoming sixth replenishment of the GEF and possible changes among international financial institutions may provide greater access to financial resources for chemicals and waste. The attention turns to the upcoming UNEP Governing Council meeting in February 2012, where this “integrated approach” will be on the agenda, and then to RIO+20, where all parties should re-affirm the commitment to sound management of chemicals by the year 2020.

Contact:

Daryl Ditz, Director, Chemicals Program, Washington, DC, dditz@ciel.org
David Azoulay, CIEL Managing Attorney, Geneva, dazoulay@ciel.org
Baskut Tuncak, CIEL Staff Attorney, Washington, DC, btuncak@ciel.org

More Information:

OEWG Preview:  http://intlenvlaw.wordpress.com/2011/11/04/global-negotiation-on-chemicals-offer-hope-for-developing-countries%E2%80%A6and-the-world/

OEWG and Nano: http://intlenvlaw.wordpress.com/2011/11/08/saicm-and-nano-a-unique-chance-to-develop-an-international-governance-mechanism-for-this-new-emerging-issue/

OEWG and EDCs: http://intlenvlaw.wordpress.com/2011/11/10/breaking-the-global-paralysis-on-endocrine-disruptors/