TL: PROPOSAL BY GREENPEACE INTERNATIONAL TO THE 15TH CONSULTATIVE MEETING OF THE CONVENTION ON THE PREVENTION OF MARINE POLLUTION BY DUMPING OF WASTES AND OTHER MATTER SO: Greenpeace International (GP) DT: July 20, 1992 Keywords: ocean dumping nuclear waste disposal conferences ldc greenpeace gp / At the IMO, London, 9-13 November, 1992 "CALLING THE CONVENTION BY ITS NAME" * Introduction: Twentieth Anniversary of the Convention 1. For several years, informal and formal conversations have taken place amongst the Contracting Parties to the Convention on the Prevention of Marine Pollution by Dumping, known as the London Dumping Convention, on how best Contracting Parties could or should mark the twentieth anniversary of the Convention, in November of 1992. 2. This was discussed at the First Meeting of the Working Group on the Long Term Strategy for the Convention, convened under the leadership of Mr. G. Holland in 1990, and at successive meetings of this Working Group which took place during the 13th and 14th Consultative Meetings. 3. Greenpeace International has consistently stated that -- in our view -- the best way to mark the twentieth anniversary of the Convention is to adopt amendments to the Convention and its Annexes with a view to ban permanently the dumping and incineration at sea of industrial wastes, including radioactive wastes, and to incorporate in the text of the Convention and its Annexes contemporary environmental concepts and policies which were not incorporated in the Convention in 1972, such as the Precautionary Principle and proper enforcement mechanisms. At the same time, we also have noted that many delegations found the name "London Dumping Convention" regrettable. * Dumping Convention vs. Preventive Convention 4. We agree with the view expressed by many delegates, that the name "London Dumping Convention" is ambiguous as to the substantive scope and intent of the Treaty, and that it is perpetuating the image of the Convention being a "dumpers' club", regardless of the merits of this perception. 5. Greenpeace also has noted the request made by the Chairman of the Working Group on the Long Term Strategy, M. G. Holland, at the 14th Consultative Meeting, that NGOs should share with the Contracting Parties their suggestions and proposals to mark the twentieth anniversary of the Convention. 6. It is in response to this request made at the 14th Consultative Meeting that Greenpeace International -- in a constructive and creative spirit aimed at enhancing the role and performance of the Convention -- would like to circulate the draft resolution attached, called "Calling the Convention by its Name". * Greenpeace Proposal 7. We realize that it is not normal practice for NGOs to submit draft resolutions. Nonetheless, because NGOs were specifically asked at the 14th Consultative Meeting to present and circulate their proposals for the twentieth anniversary of the Convention, we believe this proposal represents a constructive response to that request. 8. With that purpose in mind, we have chosen to respectfully submit the text of the resolution which we would be promoting if we were a Contracting Party, rather than preparing a lengthy and perhaps too theoritical and not sufficiently concrete paper on this subject. Should one or more Contracting Party at the 15th Consultative Meeting wish to endorse the concept set forth in the draft resolution enclosed, a discussion and decision on this subject could then take place. 9. Our proposal speaks for itself. Departing from the unanimous recognition that the words "London Dumping Convention" are unfortunate for a variety of reasons, it notes that -- in fact -- although the Convention is known in the English language under that name, its real name is and remains "The Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter". 10. It has come to our attention that nowhere in the text of the Convention, the Final Act of the 1972 Inter-governmental Conference, or in the Resolution of 1975 placing the Convention under the auspices of the IM(C)O, is reference made to "the LDC". Thus, if they still think that the words "London Dumping Convention" are unfortunate, Contracting Parties can very simply, at the 15th Consultative Meeting request the Secretariat to refrain from using this acronym in the future, and ask the IMO to take note of this request. 11. Combined with the necessary amendments to the Convention and its Annexes, this proposal -- if adopted -- would send a clear message that Contracting Parties are serious about preventing dumping at sea. In our view, such a message would be a constructive way to reach out to the Contracting Parties who do not involve themselves enough in the work of the Convention, and to the countries which have not ratified the Convention because they perceive it as an instrument which facilitates dumping of wastes at sea, as well as to the public at large, that their perception is wrong or outdated. 12. We are grateful to the Secretariat for circulating our proposal and this short introduction, and to all Contracting Parties for considering its merits. Annex: DRAFT RESOLUTION PROPOSED BY GREENPEACE INTERNATIONAL TO THE 15TH CONSULTATIVE MEETING OF THE CONVENTION ON THE PREVENTION OF MARINE POLLUTION BY DUMPING OF WASTES AND OTHER MATTER CALLING THE CONVENTION BY ITS NAME NOTING that the 15th Consultative Meeting of Contracting Parties coincides with the 20th anniversary of the Inter-Governmental Conference on the Convention on the Dumping of Wastes at Sea, at which the Convention was signed in London; RECOGNIZING that in the last twenty years the Convention has been commonly known as the London Dumping Convention; RECALLING that - nevertheless - nowhere in the Final Act of the 1972 Inter-Governmental Conference, the text of the Convention itself, its annexes, or the Resolution on the Designation of a Competent Organization to be Responsible for Secretariat Duties in Relation to the Convention (18 December 1975), is the term London Dumping Convention used; ACKNOWLEDGING that there has been a shift in recent years toward phasing out and banning the dumping of most wastes at sea; RECALLING that this shift has been reflected in various resolutions adopted by Consultative Meetings of Contracting Parties to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, in particular in: - Resolution LDC.21(9) on the Dumping of Radioactive Wastes at Sea; - Resolution LDC.35(11) on the Status of Incineration of Noxious Liquid Wastes at Sea; - Resolution LDC.43(13) on Phasing Out Sea Disposal of Industrial Waste; and - Resolution LDC.44(14) on the Application of a Precautionary Approach in Environmental Protection within the Framework of the London Dumping Convention; RECALLING FURTHER that for several years the Consultative Meeting of Contracting Parties has identified the need for the Convention to improve its image among governments which are not party to it, with the Contracting Parties that have not shown sufficient interest in the development of the Convention to attend regularly Consultative Meetings and subsidiary bodies of the Convention, as well as with the public at large; NOTING that repeatedly, it has been recognized that the name London Dumping Convention is unfortunate because it can convey an inacurate pro-dumping image, it is ambiguous as to the coverage and focus of the Convention, and it is not catching the interest of the majority of governments from countries where dumping at sea does not occur or where this practice is not sufficiently controlled; RECALLING that the 14th Consultative Meeting decided for similar reasons to change the name of the former Scientific Group on Dumping to The Scientific Group; NOTING FURTHER the desire of Contracting Parties to mark the Twentieth anniversary of the Convention as a special occasion; THE 15TH CONSULTATIVE MEETING 1. AGREES that in future the Convention should be referred to as the Convention on the Prevention of Marine Pollution by Dumping, and that the name London Dumping Convention or the corresponding acronym "LDC" should be avoided; 2. ASKS the Secretary General of the IMO to agree to rename the Office for the London Dumping Convention into Office for the Prevention of Dumping at Sea; 3. INSTRUCTS the Secretariat to adopt new references for meeting documents and circulars, with a view to reflect the decision herein. * * *