OUTCOME OF COP17/CMP7 DURBAN: 28 NOVEMBER TO 9 DECEMBER 2011

1. OUTCOME OF COP17/CMP7DURBAN: 28 NOVEMBER TO 9 DECEMBER 2011

2. Context • Copenhagen Legacy – Trust torn to shreds and the UNFCCC put under inordinate strain; • Cancun Legacy - Eroded the integrity and efficacy of decision making processes further; • Historical accumulation of intractable issues which resulted in the largest COP/CMP agenda in recent times across two tracks (KP and Convention) as well as 4 subsidiary bodies (AWG-KP, AWG-LCA, SBI and SBSTA) – leading to across initially 55 work streams which went up to 60 across 150 negotiating slots;

3. Contextcontd • Loss of negotiation time in Bangkok under the AWG-LCA which carried the largest bulk of agenda issues (6months); • The addition of difficult agenda items as a result of the stagnation of the WTO negotiations; • Contestations.

4. Key Achievements – SA Made History! • Unanimous adoption of the Durban Platform for Enhanced Action; • Unanimous Adoption of the 2nd Commitment Period of the Kyoto Protocol (including Canada, Japan and Russia); • Establishment of the Green Climate Fund; • Internalisation structurally for the 1st time in the history of the UNFCCC process of the issue of Long Term Finance;

5. Key Achievements – SA Made History!contd • Establishment of the Adaptation Committee, Technology Mechanism; • Implementation of the Bali and Cancun Decisions including difficult issues such as response measures and loss and damage; • Decisions were reached on all the issues under the 60 negotiating tracks; • Complex agenda finally adopted as the basis for the decisions.

6. The Durban Platform for Enhanced Action • Historically it resets the system, integrates it and in a time-framed manner paces it, defining tangible results to be accomplished as it stabilizes the now and fazes out the old; • It is the anchor of the entire package accomplished in Durban; • Without it there would not have been a Second Commitment Period of the Kyoto Protocol, Green Climate Fund; Adaptation Committee, etc; • Without it is doubtful whether there would have been anything left of the system and it is now the pivot of the UNFCCC;

7. Durban Platform for Enhanced Actioncontd • As a unique SA legacy, it resolves problems dating back to Bali and beyond, Copenhagen; • While uniquely bringing the USA and BASIC on board; in being applicable to all Parties, it is a big victory for developing countries, especially Africa.

8. Second Commitment Period Under The KP • Stabilizes the now as the system transitions forward under the Durban Platform; • Another significant victory for developing countries, especially Africa, as per the Malabo Heads of State Summit resolutions made possible by the Durban Platform and a key delivery point on the promises made by President Jacob Zuma to the world; • Although the period of the second Commitment of the KP, is in the range of 5 to 8 years, Africa and G77 and China manage to get a higher level of ambition in 5 years; • Interestingly the decision to amend the KP to effect the CP2 to KP was unanimously adopted, including the 3 musketeers, Japan, Canada and Russia

9. Green Climate Fund • The Report of the Transitional Committee was adopted, thereby approving the governing instrument for the Green Climate Fund, key delivery point on the promises made by President Jacob Zuma to the world and the Malabo AU Summit resolutions; • The board, interim secretariat, as well as the trustee established; • The first meeting of the board needs to be convened by 30 April 2012; • Switzerland and the Republic of Korea offered to host the first and second meetings; • For the first time, the Fund will be accountable to and function under the guidance of the COP - South Africa must firm up its resolve to host the GCF.

10. Long Term Finance • Up until Durban, the discussion of long term finance has been scattered all over e.g. G20, UN Secretary-General’s High-level Advisory Group on Climate Change Finance; • For the first time it is brought back into the UNFCCC structurally in the decision to set up a work programme on this, yet another key delivery point on the promises made by President Jacob Zuma and a fulfilment of the wishes of the African Heads of State in Malabo; • Uniquely, the Durban COP gives the Minister the responsibility to appoint the two co-chairs to effect the work programme of long term finance, while the Standing Committee gets on its feet – there is an urgency for the Minister to act

11. Operationalisation of Bali and Cancun • Establishment of the Adaptation Committee, thereby fulfilling the wishes of the developing world, in particular Africa to ensure an integrated approach towards adaptation; • Modalities and guidelines for National Adaptation Plans; • Work programme on loss and damage; • Establishment of the Technology Mechanism; • Technology Executive Committee • Climate Technology Centre and Network (TORs) • Registry (NAMAs seeking support), a key win for South Africa; • Forum on response measures, and work programme; • Agreement to develop new market-based mechanism.

12. Indaba Process • Pivotal to generating the Durban Platform and therefore ensuring the adoption of the entire Durban Package unanimously across all of the negotiating tracks; • It facilitated the resolution of the 3 additional difficult agenda items submitted by India; • Strategically it was key in clearing the negative legacy of Copenhagen and Cancun; • It was a mechanism for addressing intractable issues central to moving the system forward which hitherto could never be discussed in any meaningful way; • Key in the restoration of trust, transparency and inclusive participation, thereby salvaging this multilateral process and integrity of UNFCCC;

13. Indaba Processcontd • Indaba process a two-tiered series of informal meeting, open-ended, inclusive; • At Durban it was the culmination of a process started in Bonn to extract these intractable issues from the various tracks of negotiations and bring them under one platform for resolution • In Panama the process continued, narrowing the issues down to ensure we brought the process to Durban, it would be in a shape that would expedite significant progress; • In between official negotiating session it was supported by a range of activities e.g. workshop in New Zealand, MEF, Ministerials, etc; • In Durban it translated into a two tiered system with Minister at a political level and negotiators at a technical level.

14. Challenges • DIRCO had only 8 months to prepare for hosting COP17/CMP7; • Lack of resources – both budget and support staff; • Lack of intelligent support; • Contestation.

15. Follow-up work • No specific mandate has been given to incoming COP18/CMP8 Presidency – South Africa expected to drive the process during 2012; • COP17/CMP7 President until opening of COP18/CMP8 • Bureau meetings, informal Ministerial consultations, etc. • Launch work programme of the Ad hoc Working Group on the Durban Platform for Enhanced Action • Green Climate Fund, establishment of work programme • Long term finance – Minister to appoint 2 co-chairs

16. Follow-up work – DIRCO • Urgent need for budget to be allocated; • DIRCO must fulfil its obligations; • Sub-directorate: Climate Change and Pollution to be freed to deal with follow-up work; • Please refer to the work schedule as separate document.