The United Nations Framework Convention on Climate Change (UNFCCC) was adopted by the UN in 1992 and entered into force in 1994. South Africa signed the Convention in 1994 and by doing so, indicated that it intended to follow the procedures to become bound to the Convention. South Africa finally ratified the convention on 29 August 1997, at which point it became binding on the country. Having ratified the Convention, South Africa is obliged to adhere to all the obligations imposed on it in terms of being a party to the Convention. South Africa can also benefit from provisions of the Convention, for instance, by accessing international funds dedicated to mitigating climate change.

The UNFCCC is a framework convention – so called, because it is seen as a starting point for addressing the problem of climate change at an international level. It is thus not specific, but reflects a broad consensus in establishing institutions and procedures for further defining and approaching climate change. It is an evolutionary document which will be expanded upon by protocols (such as the Kyoto Protocol). When governments adopted the UNFCCC in 1992, they recognized that it could be a launching pad for stronger action in the future. By establishing an ongoing process of review, discussion and information exchange, the Convention makes it possible to adopt additional commitments in response to changes in scientific understanding and political will.

More information on the UNFCCC can be found on the official UNFCCC website and in the UNFCCC Climate Change Information Kit Fact Sheet Climate Change Convention.

Parties to the UNFCCC meet regularly at ‘Conference of Parties’ meetings. Information on the discussions at these meeting and decisions taken can also be found on the UNFCCC website and on the Climate Change Information Kit Fact Sheet COP.

Consequences for South Africa
Ratifying the Convention has direct consequences for South Africa in terms of activities that the country is obliged to perform. The ratification also has indirect consequences for sectors such as trade, economic development, agriculture, mining, energy, transport and the environment generally.
Under the Convention, impacts and policy priorities differ for developed and developing countries. To address this, the concept of ‘common but differentiated’ responsibilities was included in the Convention. The Conventions divides the ratified parties to the convention into two main categories, related to their level of economic development:
Annex 1 countries: these are developed countries or countries whose economies are in a state of transition
Non-Annex 1 countries – are those that are not listed in Annex 1 and are developing countries.

South Africa ratified the Convention as a non-Annex 1 (i.e. Developing) country.
In general, the Convention places more obligations on Annex 1 countries, than on non-Annex 1 countries.
The principles upon which this ‘common but differentiated’ approach to climate change include the following:

• Climate Change is a global problem and must be approached globally but the developed countries must at present, accept the main responsibility for addressing the issue.
  
• Developed Countries should provide financial assistance and technology to developing countries to help them respond to, mitigate and adapt to climate change.
  
• Sustainable development and poverty alleviation must not be impeded by climate change policy but environmental damage must be minimized.
  
• Developing countries must be involved in all international climate change negotiations.
  
  

As noted above, South Africa is classified as a developing country in terms of the Convention and is not obliged to adhere to the more demanding commitments placed on Annex 1 countries to the Convention (for example, South Africa does not have any emission reduction targets under the Convention). However, several domestic South African policies such as the policy on Integrated Pollution and Waste Management, place an emphasis on cleaner technology and production and a shift to sustainable development. This accordingly supports a positive approach in formulating a climate change policy. In addition, if South Africa voluntarily adopts a proactive approach including early mitigation action, adaptation plans and improvement of knowledge, this may have some advantages, including:

• Helping to the reduce the global problem proactively
  
• Ensuring South Africa is more prepared to meet greenhouse gas reduction targets when they are imposed on developing countries
  
• Allowing South Africa to trade the gains profitably with Annex 1 countries.