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PANUPS: New Environmental Agreement Undermined by U.S.

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Tue, 14 Feb 2006 20:06:21 GMT

" Pesticide Action Network North America " <getactive

PANUPS: New Environmental Agreement Undermined by U.S.

 

New Environmental Agreement Undermined by U.S.

February 14, 2006

 

Government and civil society negotiators adopted a new international

agreement to protect the public and the environment from the hazards

of chemicals last week in Dubai. While not legally binding, the

Strategic Approach to International Chemical Management (SAICM)

agreement marks significant global progress on advancing commitments,

broad strategies, and tools to improve the regulation of chemicals.

The United States, however, led the charge to weaken the pact by

lobbying for a narrower scope, less emphasis on " precaution " in

regulatory policy, and uncertain commitment to finance its long-term

implementation.

 

During the negotiations, U.S. government negotiators clearly promoted

chemical industry interests at the expense of public health and

environment. Amid the commotion of last-minute deal making, Charlie

Auer, U.S. Environmental Protection Agency's Director of Pollution

Prevention and Toxics, strode across the conference hall to consult

with chemical industry representatives. " Just wanted to make sure you

guys didn't see a problem, " he remarked.

 

" As public interest NGO participants from the U.S., we worked hard to

have a modicum of influence on our government. Meanwhile, US

negotiators worked with the chemical industry as if they were on the

same team, " observed Skip Spitzer of Pesticide Action Network North

America, who participated in the multi-stakeholder negotiation process.

 

The U.S. played a strong hand even before the opening of the Dubai

negotiating session. The rules for all prior sessions required

stakeholders to make every effort to reach consensus, while also

providing clear voting procedures to resolve impasses. Fearing the

prospect of being overruled by a majority vote, the U.S. brokered a

preemptive deal to require decision-making by consensus for the

meeting, allowing U.S. negotiators to block agreement with impunity.

" Rules of procedure can...give undue advantage to the most powerful,

suppressing the truth, obstructing progress and showing no sensitivity

to the cries of the poor and the powerless, " declared Dr. Romeo

Quijano of the International POPs Elimination Network and Pesticide

Action Network Philippines.

 

One of the most important elements of SAICM commits governments to

take into account the precautionary principle when regulating

chemicals. Precaution means that governments should act proactively to

protect public health and the environment from risky substances, even

if scientific research has not fully established that they are

harmful. The precautionary principle promotes substitution of the most

hazardous chemicals with less toxic alternatives, and has also been

widely used in arguments against the use and spread of genetically

modified organisms. At stake was whether SAICM would entail a stronger

standard of precaution than as established in the 1992 Rio Declaration

on Environment and Development.

 

While the U.S. sought to limit the definition of precaution to that

set out in the Rio Declaration, the European Union and others worked

to strengthen the concept. This struggle reflects differences likely

to manifest in a trade dispute before the World Trade Organization

(WTO). The European Union has been taking the lead in developing

policies based on the precautionary principle through its

" Registration, Evaluation, and Authorization of Chemicals " regulatory

process, known as REACH. According to a recent congressional report,

the Bush administration has vigorously lobbied European officials to

weaken REACH at the behest of the U.S. chemical industry, asserting

that it disrupts global trade.

 

Stronger SAICM language on precaution might help defend REACH from

U.S. challenges in the WTO. While the U.S. was successful in limiting

the scope of precaution in Dubai, the reiteration of precaution as an

essential element in the SAICM agreement strengthens its standing

internationally.

 

U.S. negotiators were also successful in largely exempting food

products and pharmaceuticals from SAICM, even though the agreement was

originally conceptualized as covering " chemicals throughout their

lifecycles, including in products. " Countries such as the United

States that already regulate food and pharmaceuticals can decide to

treat them as outside the scope of the SAICM agreement.

 

With one hour remaining before the close of negotiations, many

countries of the global south, especially Latin American nations,

blocked consensus on the entire agreement over lack of funding for its

implementation. Some richer countries, led by the U.S., Australia,

Japan and others, resisted language committing them to additional

financial contributions. The impasse was resolved by reverting to

previously agreed text, although the adequacy of financing to

implement SAICM remains unclear.

 

" We are of course disappointed by the damage to SAICM caused by the

United States and others, " concluded Spitzer. " Yet SAICM remains a

very important statement of global commitment to chemical safety. We

now expect that those who support meaningful reform will use SAICM to

raise awareness, justify change and apply pressure to those dragging

their feet while the world continues to be poisoned. "

 

Sources:

DiGangi, Joseph. 2004. " The Precautionary Principle: REACH and the

Long Arm of the Chemical Industry. " Multinational Monitor 25:9.

http://multinationalmonitor.org/mm2004/09012004/september04corp3.html

 

Earth Negotiations Bulletin. 2006. " Summary of the International

Conference on Chemicals Management. "

http://www.iisd.ca/vol16/enb1654e.html

 

Quijano, Romeo. 2006. " Opening statement at the ICCM, Dubai, February

4, 2006. " http://healtoxics.org/resources/ICCM_Romyaddress.htm

 

United Nations Environment Program. 1992. " Rio Declaration on

Environment and Development. "

http://www.unep.org/Documents.multilingual/Default.asp?DocumentID=78 & ArticleID=1\

163

Contact: PANNA

 

Visit the web address below

 

PANUPS is a weekly email news service providing resource guides and

reporting on pesticide issues that don't always get coverage by the

mainstream media. It's produced by Pesticide Action Network North

America, a non-profit and non-governmental organization working to

advance sustainable alternatives to pesticides worldwide. We gladly

accept donations for our work and all contributions are tax deductible

in the United States.

Pesticide Action Network North America (PANNA) 49 Powell St., Suite

500, San Francisco, CA 94102 USA Phone: (415) 981-1771 Fax: (415)

981-1991

Email: panna

Web: http://www.panna.org

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