Mandate to bodies outside the UNFCCC

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Advice Q 73 24 Mandate to bodies outside UNFCCC Download

Query:

Can the CMA legally mandate institutions, bodies or agencies outside the UNFCCC to report on adaptation action and progress related to relevant thematic targets under the UAE Framework for Global Climate Resilience? 

Summary:

Summary of response

In summary, we advise:
- Neither the CMA nor the COP have an ability to mandate or compel bodies outside of the treaty regime in which they operate. 
- However, coordination and cooperation between bodies under the UNFCCC and Paris Agreement does happen in practice.  This is contemplated specifically in Article 7.2(l) of the UNFCCC.
- Such coordination can be via a formal partnership with the UNFCCC secretariat, or via invitation from the COP, CMA or subsidiary bodies to engage in specific work programmes. SBSTA reports to the COP on such activity; the most recent report from SBSTA60 is attached.
- In the context of coordination with third parties on adaptation, the following is worthy of note:
  - The Adaptation Committee (AC) has mandate to both support implementation of the global goal on adaptation (GGA) and promote coherence through engagement with non-UNFCCC bodies.
  - Other UN bodies are already engaged in supporting implementation of the GGA, and this could be extended to supporting reporting on progress toward the GGA under the United Arab Emirates Framework for Global Climate Resilience (UAE Framework).
  - The Nairobi Work Programme (NWP), established at COP12 in 2005, has partner organisations that provide input in response to invitation and encouragement by the COP.  The NWP “partner organisation” approach provides a possible model for coordination with third party bodies under the GGA, which could be facilitated via SBSTA or the AC.