One of the major barriers to participation in negotiations by developing countries is funding. The importance of funding for capacity building, travel expenses, and other costs associated with international negotiations can be paramount for developing countries with limited resources. Without special funds and other appropriate mechanisms, delegates from developing countries often would not be able to participate. Thus paragraph 39.8 of Agenda 21 recognises that effective participation of developing countries in international law-making should be ensured through appropriate provision of technical assistance and/or financial assistance.
In selecting which negotiators to support, an issue that comes up with increasing frequency is the continuity of delegations. Where financing for negotiators from developing countries and countries with economies in transition is provided by a COP or other external funder, Governments often nominate different negotiators each time. This means that the negotiating team from a particular State may have no continuity. Thus, the progress that the State made in previous negotiations and the experience gained is not carried forward.
It has been suggested that MEA Secretariats (or other relevant institutions, as appropriate) could provide guidance about the composition of national delegations. This is a very sensitive issue. As a practical matter, the State is the final arbiter of the composition of its delegation. Thus, Secretariats may provide general indications of preference, but the States usually reserve the final decision to themselves.
New approaches may be necessary to improve the continuity and effectiveness of negotiating delegations. For example, some States are considering the development of national guidelines on the selection of delegates, participation in negotiations, and reporting back by negotiators. In some instances, the level of support that is provided for delegates is tied to their actual participation (e.g., through sign-up sheets that are passed), and there are suggestions that delegates who are funded may be required to provide summary reports.
In addition to financial resources for facilitating participation of developing countries in negotiations, there are bilateral, multilateral, and convention sources of financial and technical resources for developing nations to access in implementing and enforcing multilateral environmental agreements. Guidelines 33
and 49(a)
discuss such resources in further detail.