What influence do NGOs have on drafting new international laws

1. What influence do NGOs have on drafting new international laws Felix Dodds Executive Director Stakeholder Forum Jan-Gustav Strandenaes, Senior Policy Adviser, ANPED www.stakeholderforum.org www.ANPED.org

2. Stakeholder Forum • We are a multi-stakeholder organization committed to enhancing democracy through stakeholder involvement. Some of our successes have included: • Co-founding the stakeholder body round the UN CSD • Co-founding the stakeholder coalition for UN Habitat II • Founding the multi-stakeholder organizing committee for the 1999 European WHO Health and Environment Conference • Founding and facilitating stakeholder input to the Second World Water Forum, the Bonn Water Conference, the Bonn Energy Conference • Most recently setting up the stakeholder coordination and lobbying for the UNEP GPA Conference (2006) • Race for tomorrow www.racefortomorrow.com www.stakeholderforum.org

3. ANPED, Northern Alliance for Sustainability • A northern based NGO network on sustainability issues • Founded in 1991 to be a watchdog on the outcome of Agenda 21, has ca 135 NGO members • Has SCP, Sustainable Consumption as the overarching issue • Works on a number of issues: coordinates NGO input into international processes, on IEG, CSD, UNEP etc. www.stakeholderforum.org

4. Defining Non-Governmental Organisations How do you describe an NGO? One survey found 48 different terms and acronyms. Here is a sample: In short, there is no agreed terminology for describing the NGO sector. In some ways, it is easier to describe what NGOs are not, rather than what they are. It is generally agreed that NGOs are not: • part of government, or • organized primarily for private profit.

5. “Major Groups” is a term that was introduced in Agenda 21, agreed by governments at the Rio Earth Summit. It describes nine sectors of society identified as having a significant role in sustainable development: women children and youth indigenous people NGOs Local authorities Workers and trade unions business and industry the scientific and technical community farmers NGOs, civil society, or major groups?

6. Attending UN meetings • Why attend the UN meeting • Preparing for UN meetings • How meetings operate: meet the actors and learn the jargon • Successful lobbying techniques

7. NGOs/stakeholders in Intergovernmental Processes 4 important functions: • Setting agendas • Negotiating outcomes • Conferring legitimacy • Implementing solutions

8. Attending UN meetings • To influence the text that will be negotiated; • To build and cultivate alliances for future work; • To show case studies of successes that your organization has achieved; • To learn about how intergovernmental negotiations work; • To raise funds for your work www.stakeholderforum.org

9. Preparing for the meeting • Are you accredited? • Are your policy aims feasible? • Are you moving beyond the possible range of outcomes to put down markers for future campaigns? • What are your top four or five issues? Concentrate on these. • What do you want to achieve? • Create a table

10. Before the meeting

11. Checklist to take with you • Laptop with wireless connection to the internet – and the right conversion plug to recharge; • Memory stick; • Mobile telephone – better to get one or just a SIM card in the country you come to as it will be cheaper to run; • If you are in a main UN Centre (e.g. New York, Geneva, Nairobi, or Rome) then take with you the telephone and addresses of the Missions of the key countries; • Business cards – if you hire a mobile put the details on the back of the card, people are unlikely to telephone you if the number is not local; • Digital camera to take photos of key delegates; • Your publications; www.stakeholderforum.org

12. What participation and influence mechanisms should NGOS employ ? • Game plan for the whole negotiation – Coalition should be asking national partners to before you arrive at a UN meeting • organized several meeting in capitals with key governments • brief the media, place early stories in the media • Meet with key parliamentarians before leaving – initiated a debate in parliament • Set up a rapid response mechanism in the capital in case you need it • Try to get an NGOs on delegation and allowed to attend pre inter-departmental meetings before the event www.stakeholderforum.org

13. What participation and influence mechanisms should NGOS employ ? • At the UN event a coalition should: • have a photo booklet of key negotiators and UN staff so they are easy to find www.iisd.ca • Designate point contacts for all key people eg G77, EU, US, key countries, Bureau members, UN officials, • There should be floor managers in each negotiation room • Use coffee bar diplomacy, receptions • Use any informal possibilities drinks/dinner/dancing • If you are spending more than 20% of your time with NGOs you are not doing your job. www.stakeholderforum.org

14. What levers of influence do they have in the negotiation stages ? • Much less as the process moves to end game • Offer to support smaller states eg FIELD helped AOSIS in the climate change negotiations • Use NGOs on delegations • Focus on governments with single decisions eg Norway, Japan, New Zealand, Austria, Canada, US • Work with strong G77 countries eg South Africa, China, India Pakistan, Egypt, Brazil, Indonesia and chair of G77 • Be there until 4am to offer text changes www.stakeholderforum.org

15. Know your delegates www.stakeholderforum.org

16. Vienna Cafe – New York UN basement www.stakeholderforum.org

18. Who is able to speak • Getting access to the floor as an NGO (working through NGO or stakeholder groupings) • It might be possible to take the floor as an individual accredited organisation on some occasions • Have 200 copies of your intervention – give copies to the UN staff for the interpreters and to distribute • Short and to the point www.stakeholderforum.org

19. On delegation • You will have access to the brief of your country; • You may be able to sit in on delegation meetings within blocks; • You may be able to sit in on delegation meetings between blocks; • You will be able to push for the NGO or stakeholder position during the appropriate meetings of the delegation; • You can be asked to act as the intermediary between the NGOs and the government; www.stakeholderforum.org

20. On delegation • You will be aware of where there is possible movement in a negotiation and may • be asked to draft text for your delegation to put forward; • You will be able to cultivate relationships with the delegation for future work. www.stakeholderforum.org

21. Downside of being on delegation • If you do join a government delegation you will lose some independence. Some governments will require NGOs on a delegation to sign an official document saying they will not divulge what they have heard in delegation meetings; • You will have limited time available for being with other NGOs if you are an active member of the delegation; • You may be seen as the doorkeeper for NGOs with the delegation or you may be viewed as having ‘switched sides’ and joined the government team • You may not be allowed to speak publicly on a position www.stakeholderforum.org

22. The countries • European Union • G77 and China • Key G77 countries Argentina, Brazil, China, India, Indonesia, Nigeria, Pakistan, South Africa • Single decision countries eg US, Canada, New Zealand, Norway, Japan, Australia, Russia, Ukraine • AOSIS • Regional Blocks Africa, Asia, Latin America and the Caribbean www.stakeholderforum.org

23. Bureaus • All meetings have Bureaus to oversee the running of the meetings. The Bureaus usually can be made up of five or ten members, one or two from each of the different regional blocks. The chair or president of the Bureau will rotate between the different regional blocks. The Bureau members will share chairing the sessions of the negotiations and probably the ad hoc meetings as well. It is very important to create a relationship with these people particularly the one from your region. www.stakeholderforum.org

24. The meeting • Committee of the Whole (COW): the formal sessions of a UNEP or MEA COP meeting, these are governed by rules of procedure and are simultaneously translated in all of the six UN languages. • Contact groups: are set up to resolve a particular issue of disagreement. The members of the group are drawn from the governments who disagree, although they are open to others to attend. Sometimes called the Vienna process or “Vienna setting” where much of the informal negotiations goes on. www.stakeholderforum.org

25. The meeting • Friends of the Chair/President: the meeting can use the Friends of the Chair approach – this is where the Chair invites a few of the prominent negotiators to form a group called Friends of the Chair/President to help informally in developing consensus on an issue or a set of issues. • Informals: are a subsidiary body of the working groups and are set up when there is a set of critical issues that needs to be addressed. www.stakeholderforum.org

26. The meeting • Working Groups: are subsidiary bodies of the COW. At any one time, usually no more than two will be meeting. Joint Working Groups come together when there are cross cutting issues the two working groups can be brought together to deal with them. • Ministerial Round Tables are when Ministers want to discuss an issue but are not yet ready to make a decision www.stakeholderforum.org

27. Secretariat • The Secretariat is the permanent body that supports the work of the convention between meetings and does the logistical and secretariat work for the event and during it. The Secretariat will have a role that includes: • Preparing the background papers • Producing or updating a website for the meeting • Analyzing the national reports • Producing promotional material for the meeting • Producing negotiating text arising from the discussions • Making available all official documents www.stakeholderforum.org

28. Key people in the secretariat • The NGO or Stakeholder relations person • The Executive Director of the Convention • The “fixer” • The person in charge of the text section you are interested in www.stakeholderforum.org

29. The world of brackets • Alternative brackets • Contentious brackets • Suspicious brackets • Tactical or trading brackets • Uncertain brackets • Waiting brackets • Weary brackets www.stakeholderforum.org

30. Brackets • Who put the bracket in? • When you know who put it forward, ask why. • The ‘why’ may not be clear to other delegations and you can play an important role in highlighting the ‘why’ in your lobbying. www.stakeholderforum.org

31. :Depending on why? • If it was because they are waiting for instructions from the capital, then phone your colleagues in the capital and get them to raise the issue with relevant civil servants or ministers. This only works if you are completely on top of the negotiations and can act immediately. • If it involves trading brackets with somewhere else in the text, then you need to be able to work with the stakeholders who are trying to lobby on that section. www.stakeholderforum.org

32. Depending on why 2? • If it is because of exhaustion brackets, then make some text suggestions. This can be a very opportunistic time as officials are tired and looking for a way through the darkness – or even to go home for the night! • If there are suspicious brackets, then it is important to work out why and try to help build trust. www.stakeholderforum.org

33. Strength of terms

34. What are the conditions needed for a coalition to succeed ? • Know Your Own Goals • Know the Decision-making Process in Your Country • Know When To Work at What Level • Know the Decision-making Context • Know the Tools at Your Disposal • Know When To Make Your Position • Know the Government Officials • Know the Key UN Officials • Know Your Allies • Know Your Adversaries • Know Your Limits • Know Your Brackets and Terms www.stakeholderforum.org