‘Round Midnight

As ECO went to press, the Committée de Paris had just resumed its work again. The outcome of the final round of negotiations is still uncertain. That need not stand in the way of a hard-nosed analysis of the new text, though, with the really big issues still left to be decided. Overall, ambiguity is the mot de vogue with several decisions still bracketed yesterday now ‘simply’ postponed. ECO makes a final plea to ministers and their heads of state, who will be asked to weigh in at the last minute:

Ambition
Parties chose to land in the ‘well below 2°C’ zone, while still pursuing a 1.5°C warming limit. This is, however, not compatible with GHG emission neutrality somewhere in the second half of this century. Full decarbonisation, with no tricks (like non-permanent offsetting and geoengineering), is needed and should be what those who claim to be ambitious fight for!

Differentiation
The endless variations in the new text trying to reframe the Convention’s preambular ‘common but differentiated responsibilities and respective capabilities and their social and economic conditions,’ [ECO’s emphasis] are a reflection of a genuine global struggle to come to terms with new realities. ECO does not romanticise the past, nor ignore historical responsibilities. The Paris Agreement can only deliver on its goal if all respect the Convention in full.

Finance
Which brings us to means of implementation. The floor of US$100 billion seems to now be established. But the agreement does not enough to ‘shift the trillions.’ ECO believes the Paris Agreement sends a signal to investors about the long-term direction. It pays lip service to setting a carbon price. Yet, Parties are about to fail in their duty of care, which would make them commit to finally end all fossil fuel subsidies, stop financing carbon-intensive investments or indeed commit to divestment.

INDCs
That the current INDCs, many of which are conditional on adequate international support, are not enough to limit warming to well below 2°C, let alone 1.5°C, is acknowledged and shockingly taken for granted. For now, there is no plan to close the resulting gap. We do not need to wait until 2018 for the IPCC to tell us that the pathway we are on forecloses limiting warming to 1.5°C. Independent assessments have already shown that developed countries in particular are lagging behind. The facilitated dialogue in 2019 merely opens the door for countries to rethink their lack of ambition. In 2025, ECO does not want to be looking back on the Paris Agreement, and with the benefit of 20/20 hindsight judge that this was a grave error. The five-year cycles of updating and enhancing #### (shall we just call them NDCs?) can start immediately upon entry into force.

Loss and Damage
The fight for loss and damage continues in dark corners of Le Bourget. To the most vulnerable, we say: Stay strong! To the blockers: You let the genie of liability and compensation out of the bottle. Please put it back in, as nobody is calling for it in this agreement.

Transparency, MRV and Compliance
After a decade of building confidence and trust through these talks, the Paris Agreement still reflects the fear that transparency on implementation and meaningful review of outcomes could be punitive. Shining a light is something ECO has done since 1972. In light of the bottom up character of the INDCs and the facilitative nature of the proposed review we urge all to lighten up and embrace transparency.

On a related note, ECO always understood the Durban mandate was ‘to develop a protocol, another legal instrument or an agreed outcome with legal force under the Convention applicable to all Parties,’ to mean an international agreement would have some teeth. Simply put: the bracketed wording on ‘compliance’ needs to be included in the Paris Agreement.

Human Rights
ECO is shocked that countries have surgically removed human rights from the core climate change agreement.

A broad coalition of civil society organisations and indigenous peoples have come together to collectively support joint text for Article 2, the heart of the agreement. All attempts were made to keep it simple for Parties. Instead, civil society’s voices are being ignored. You forgot that you represent us. You forgot that your job is to speak for us.

President Hollande: When you said that ‘COP21 would be a new step for human rights’, what exactly did you mean?

ECO praises Mexico and other champions for their work in promoting human rights in the operative text of the agreement. We owe it to the world’s vulnerable—those least responsible for and most impacted by climate change.

Today, Friday, a new moon will rise over Paris. ECO still has hope it will mark a new era. The change that is needed takes all of you. Soit brave!