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Sustainable
eNews |
21 October
1997
Special Edition |
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IWC 49 -
Monaco |
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IWMC
World Conservation Trust |
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Conservation Goals
and the Transparency of the Decision Making Process
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The goals of two international treaties, namely,
CITES and the ICRW are those of conservation of natural resources through
scientific investigation of, in the former, the impact of trade on certain
species, and in the latter, the impact of harvest levels on certain
species.
The Convention on International Trade in
Endangered Species of Wild Fauna and Flora is written such that all
decisions (regarding trade in certain species, and the categories in which
those species are assigned), are made on the basis of science- derived
information. The preamble of the International Convention for
the Regulation of Whaling also states that all decisions on the management
of cetaceans must be made on the basis of scientific information.
In each international forum, committees of
scientific experts are assigned various topics and problems to
investigate. In neither case, is the Plenary body bound by the
decisions of the scientific committees, yet, it was originally expected
that those bodies would heed such advice, given that the reason for being
of each forum was to make the best possible conservation judgements and
decisions for the good of the natural resources under
consideration.
During the years since each Convention has
been in effect, operating procedures have varied at different times from
the reaching of decisions through discussion, debate, and consensus,
to the use of both open and secret ballot.
When the goals have been to reach the best
decision from a conservation standpoint, this has often been achieved
through an open, or transparent procedure in which a roll call vote
of registered national delegates has been taken. On occasion,
at CITES, when debate has become heated due to the vested interests of
certain Parties, a decision has been made to cast secret ballots, and thus,
while the debate has been transparent, the decisions on the part of each
Party have been obscured, and this has enabled some to more comfortably
preserve their sovereign rights as equal parties to the debate, and has
avoided the necessity of explaining one's decision to any outside
interests.
Those Parties and non-governmental
organizations who object to a secret ballot process apparently do so when
interests other than those of the conservation issue at hand are
being threatened. Sometimes, those interests appear to be the strength of
previous bonds between Parties, or agreements on matters other than the
conservation issue. Sometimes, it appears that trade-offs previously
arranged which would have depended on specific voting patterns, are
violated when a secret ballot is achieved, and the pre-arranged goals are
not met. If no one knows how a Party voted, then no Party can be
criticized, penalized, or rewarded. Sometimes, a Party might appear
to favor one decision through open debate and discussion, and then
"get away with" a vote which belied that public statement,
through a secret ballot process.
Perhaps such behaviors were demonstrated
at the 1997 CITES in southern Africa, where voting patterns on secret
ballots were dramatically changed from those at the previous Convention of
the Parties. Some nations and radical NGOs, who had counted on
different voting results being achieved, became very angry at the
loss of political control over their allies at CITES COP
10. They have called the secret ballot process a "loss of
transparency". Some went so far as to call it "a
disaster", although range states for certain species, such as the
African elephant, were jubilant that conservation goals were advanced
through the achievement of votes allowing the eventual sale of ivory
stockpiles. Those range state delegates are still celebrating what they see
as a victory for conservation of their lands and their elephant
resources. They are also celebrating the retention of their
sovereignty and national pride.
The opportunity exists for a secret ballot
process at IWC 49, but those same Parties who objected to it at CITES
COP 10 are adamantly opposed to any secrecy for Parties at
IWC. The question must be asked: How can conservation
best be served, and if goals other than conservation are at stake
here, is this irrelevant process to be allowed to continue?
When discussion and debate are open, as
they are on the floor at the Plenary session of the International Whaling
Commission, why is this not transparency enough? All Parties have the
opportunity to voice their concerns, ask questions, and elucidate their
opinions if they so desire, for the purposes of influencing other Parties.
The reports from the Scientific Committee are openly discussed, the
recommendations from that body are examined in an open fashion.
Questions relevant to the scientific process are asked and answered.
In contrast, recesses are often called
and private discussions and the formation of opinions through
inter-governmental communication take place during those times in a
"backstage" setting that includes active input from
non-governmental organization observers, who are not otherwise allowed to
contribute on the Floor. That backstage process is never transparent as far
as the rest of the Plenary is concerned, so any argument against secret
ballots on the basis that such "ruin transparency" is patently
ridiculous, and all participants are well aware of this.
Those Parties to IWC whose leaders feel
that use of the secret ballot at CITES was in fact, a tool which enhanced
both conservation and the dignity and proud independence of sovereign
nations, are expected to attempt to achieve similar conditions at IWC 49.
There will be vigorous opposition to this on the part of those whose goals
may be other than "the conservation of whales and the
orderly development of the whaling industry". 
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