Request for Endorsements - Copenhagen Climate Change Treaty and Mediation

October 24, 2009

Dear Mediation and ADR Colleagues:
In December 2009, delegates from around the world will meet in Copenhagen, Denmark for the 15th Conference of the Parties (COP 15) to the United Nations Framework Convention on Climate Change (UNFCCC). Copenhagen will provide a critical opportunity for the world’s nations to reach a comprehensive agreement before the commitments set out in the Kyoto Protocol expire in 2012.

Mediators Beyond Borders (MBB) [] is the only dispute resolution organization presently approved to be an Observer at the Copenhagen meeting, and is urging all delegates to include a mediation provision in the climate change treaty. Currently, the Kyoto Protocol includes negotiation, conciliation, arbitration, and judicial options, but not mediation.

MBB is therefore seeking individual and organizational endorsements for a proposal that seeks to remedy the omission of mediation from article 14 of the Kyoto Protocol that was adopted in 1997 and implemented in 2001 and 2005. [See:].

Here is the language we are proposing, which will be followed by a more detailed description of the process and a method for selecting mediators:
“1. (A) Reaffirming the principles set forth in Chapter IV, Articles 33-38 of the UN Charter governing the peaceful settlement of disputes, the parties agree that the parties to any dispute resulting from the interpretation or implementation of this treaty “shall first seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.”
(B) In the event that efforts to negotiate a solution are unsuccessful, parties are encouraged to use mediation to settle their disputes at all stages, including before, during and after conciliation, arbitration, and actions before the International Court of Justice.
(C.) Mediation shall be conducted in accordance with procedures to be adopted by the Conference of the Parties as soon as practicable, in an annex on mediation.”
If you agree that mediation should be included in the agreement and would like to endorse the MBB proposed language as an individual and/or as an ADR organization, please insert your name, title, organizational affiliation, city, state, and country at the bottom of this email and send it to Ken Cloke at as soon as possible.

Please distribute this invitation widely to mediators and mediation or ADR organizations both in the US and around the World, and please post it on other relevant lists so we can submit the proposal with the broadest possible collegial support.

We are taking this opportunity to share some additional information related to the Copenhagen Climate Change meetings and Climate Week NY°C.

• MBB teams plan to meet with delegates to encourage use of mediation at pre-Copenhagen meetings being held in Bangkok and Barcelona, and will send a contingent presently including 80 mediators from 16 countries to Copenhagen.
• MBB is co-hosting a seminar with Nordic Mediators on December 10 and 11 in Copenhagen to develop a strategy to encourage the mediation of climate change disputes. [For more information go to:]

Many thanks in advance for whatever support you can provide. We look forward to hearing from you.

Ken Cloke, MBB President
Complete the following and send to as soon as possible. Send one for each endorsement.
Type of endorsement:
____ personal
____ organizational

Views: 110


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Comment by Pastor Samuel Muderhwa M on November 12, 2009 at 8:42pm
Dear this is a great works
and it is our location too, we need to hear more from you
Comment by Yekaterina Badikova on November 2, 2009 at 8:51pm
Hi , Ken ! Although my NGO is quite new, environment issues have been included into our agenda, among the other issues. So we do endorse!

Type of endorsement: organizational
NAME: Yekaterina Badikova
TITLE: President
ORGANIZATION: Orken Ortalygy , Public Foundation
CITY: Almaty
COUNTRY: Kazakhstan
Comment by All-Party Group Conflict Issues on October 30, 2009 at 3:11pm
NAME: Eddy Canfor-Dumas
TITLE: Head of Secretariat
ORGANIZATION: All-Party Parliamentary Group on Conflict Issues
CITY: Westminster, London

Happy to support this initiative, Ken.

Good luck and best wishes,

Comment by Kenneth Cloke on October 29, 2009 at 5:05pm
Thank you all for your support. I appreciate your ideas and passion and agree that now is the time to prevent an immense human tragedy. Wish us well in Copenhagen. Ken
Comment by Aisu Godwin Isaac on October 29, 2009 at 4:52pm
The youth have a great role to play in influencing climate change issues Globally, Since we are the leaders of tomorrow and also those going to pay for the mistakes of today, there is no time to wait the time is now Stand Up for the good of our Universe. i endorse the Treaty
thanks for the opportunity
Name - Aisu Godwin Isaac
Tittle - Executive Coordinator
Organisation - Teso Youth Development Link Uganda (TeYDeL-Ug)
City - Soroti
Country - Uganda
Comment by William Boto on October 28, 2009 at 6:36pm
This is a thoughtful and timely effort on your part. All efforts and strategies should be made available to strengthen the spirit and practice of the Kyoto protocol. Specifically, the voice of MBB has a role to play in the modelling of the protocol and it should be heard without debate. I am signing on as an individual within the spirit of our organization:
NAME: William Boto, Ph.D.
TITLE: President
ORGANIZATION: Ochan Self-Help Alliance, Inc., (Eco-friendly resettlement of war-displaced rural communities in sub-Saharan Africa).
OFFICE: Baltimore, Maryland, USA.
PROJECT SITE: Opac village, Abako, Northern Uganda.
Comment by Thembani Mbadlanyana on October 26, 2009 at 3:06pm
I'm endorsing it!
Name: Thembani Mbadlanyana
Title: Researcher
Organisation: Institute for Security Studies
Country: South Africa
Comment by namisano julius on October 26, 2009 at 10:24am
mediation is important as is a non aggresive and casual form to resolve desputes.listening to both concerned in fomulation of climate treaty is of great value and thus mediation approaches should be included.
Comment by Femi Ibrahim on October 25, 2009 at 8:08pm
We as an organisation, knowing the importance of Mediators in peace building join our voice in urging all delegates to include a mediation provision in the climate change treaty in Copenhagen. This thus serves as our endorsement.
Comment by clement adero on October 25, 2009 at 6:41pm
this is a worh meweting.The change we are noticing i the world requires concerted efforts for the isue to get the attention it requires.

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