State Department Announces Plans to Circumvent US Law in Order to Advance Climate Agenda
|John Kerry Selling Out America Again!|
U.S Secretary of State John Kerry speaking
to State Dept spokesman John Kerby
Photo: Carlo Allegri/Reuters/Newscom
provided with article.
U.S. funding for the United Nations Framework Convention on Climate Change (UNFCCC) should now be prohibited since the Palestinian Authority has signed on as a party to the treaty—and the U.S. does not recognize Palestinian claims of statehood. Under U.S. law, this should trigger a funding prohibition enacted in 1994:
This was Kirby’s defense for the administration’s plan to circumvent the law as quoted in The Hill:
The fact of the matter is that the UNFCCC is a treaty-based international organization, just like the United Nations and U.N. specialized agencies and other international organizations like the Organization of American States, the Organisation for Economic Co-operation and Development, and INTERPOL.
The United Nations Framework Convention on Climate Change is the founding legal document upon which the organization and its structure are based. The organization has an executive secretary. The UNFCCC employs “around 500 people” according to its website. The Conference of Parties is the supreme decision-making body, which approves the budget and major decisions. The UNFCC also has permanent subsidiary bodies, as illustrated here.
The organization’s 2014-2015 biennial budget totaled of 54,648,484 euros (not inclusive of the 766,938 euros provided by the host government) of which the U.S. was assessed 21.45 percent.
Contrast this with other treaties that the Palestinians have acceded to, like the Vienna Convention on Diplomatic Relations or the Convention on the Prevention and Punishment of the Crime of Genocide, which do not have such governance structures.
Other treaties, like the International Covenant on Civil and Political Rights, have minimal structural elements consisting primarily of their treaty bodies, which in the case of the ICCPR is comprised of 18 independent experts. There is no direct supporting secretariat or other permanent bureaucratic structures. Instead, budgetary and staff support are provided by the U.N. through the Office of the United Nations High Commissioner for Human Rights. On principle, the U.S. should also withhold its share of funding from these bodies, but the differences between these treaties and the treaty-based international organizations like the U.N. and the UNFCCC are clear.
In short, if the UNFCCC is not an international organization, then the term has no meaning.
In addition, the affiliation of the UNFCCC with the United Nations is clear. As summarized in an April 18 letter from 28 senators to Secretary of State John Kerry:
- The U.N. secretary-general appoints the executive secretary of the UNFCCC secretariat.
- At the first Conference of the Parties, the UNFCCC decided that its secretariat ‘shall be institutionally linked to the United Nations.’ According to its website, they remain ‘institutionally linked’ today.
- The U.N. serves as Depository for the UNFCCC and its Kyoto Protocol.
- The U.N.’s proposed budget for the biennium 2016-2017 supports the UNFCCC.
- The U.N. Campus in Bonn, Germany houses the UNFCCC secretariat, which the U.N. lists as one of 18 organizations that represents it and that are part of the ‘U.N. presence’ in Bonn.
- The UNFCCC secretariat is subject to U.N. rules and regulations regarding procurement and other matters.
- The UNFCCC secretariat supports what it describes as the “largest annual United Nations conference”
Brett D. Schaefer is the Jay Kingham fellow in International Regulatory Affairs at The Heritage Foundation. Steven Groves is the Bernard and Barbara Lomas Senior Research Fellow in Heritage’s Margaret Thatcher Center for Freedom. Their article was first shared in Heritage Foundation's The Daily Signal.
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